(a) Resolution — San Jose City Council, October 25, 2022

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RESOLUTION NO._______

A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE CERTIFYING THE 1065 SOUTH WINCHESTER

BOULEVARD MIXED-USE PROJECT ENVIRONMENTAL

IMPACT REPORT AND MAKING CERTAIN FINDINGS

CONCERNING SIGNIFICANT IMPACTS, MITIGATION

MEASURES, AND ALTERNATIVES, AND ADOPTING A

STATEMENT OF OVERRIDING CONSIDERATIONS 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 the 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 the Environmental Impact Report (EIR) for the 1065 South Winchester Boulevard Mixed-Use Project (Planning File Nos. SP21-006; T21-012), and

WHEREAS, the EIR analyzed the environmental impacts of the demolition of all existing buildings and structures and the removal of 49 trees on the site and the construction of a six-story, 65-foot-high, mixed-use building with 70 residential units (totaling approximately 130,840.1 square feet) and commercial office space (totaling approximately 20,410 square feet) on an approximately 0.93-acre site located at 1065 South Winchester Boulevard (APN: 299-25-037) in the City of San José, (collectively referred to herein as the “Project”); and

WHEREAS, an Initial Study prepared for the Project concluded that implementation of the Project would result in a significant impact on a historical resource under CEQA and, therefore, the Environmental Impact Report was prepared focusing solely on the analysis of Cultural Resources; and

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WHEREAS, the City is the lead agency for the Project, and has prepared a Final Environmental Impact Report for the Project pursuant to and in accordance with CEQA, which the Final Environmental Impact Report is comprised of the Draft Environmental Impact Report for the Project (the “Draft EIR”), together with the Initial Study as an appendix to the Draft EIR (collectively, all of said documents are referred to herein as the “FEIR”); and

WHEREAS, the EIR concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would reduce those significant effects to a less-than-significant level with the exception of one; and

WHEREAS, CEQA requires that, in connection with approval of a project for which an environmental impact report has been prepared that identifies one or more significant environmental effects of the project, the decision-making body of a public agency make certain findings regarding those effects and adopt avoidance measures to minimize impacts consistent with City policies and requirements and a statement of overriding considerations for any impact that may not be reduced to a less than significant level; and

WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of San José as lead agency for the Project (the “Mitigation Monitoring and Reporting Program”); and

WHEREAS, on September 14, 2022, the Planning Commission of the City of San José reviewed the EIR prepared for the Project, and recommended to the City Council that it NVF:MJV:JMD
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finds that the EIR was completed in accordance with the requirements of CEQA and further recommended the City Council adopt this Resolution; 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, CEQA requires that, in connection with the approval of a project for which an environmental impact report has been prepared which identifies one or more significant environmental effects of the project, the decision-making body of a public agency make certain findings regarding those effects and adopt a mitigation or monitoring program and overriding statement of consideration for any impact that may not be reduced to a less than significant level;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSÉ:

1. That the above recitals are true and correct; and

2. That the City Council does hereby find and certify that the EIR has been prepared and completed in compliance with CEQA; and

3. That the City Council was presented with, and has independently reviewed and analyzed, the EIR and other information in the record and has considered the information contained therein, including the written and oral comments received at the public hearings on the EIR and the Project, prior to acting upon and approving the Project, and has found that the EIR represents the independent judgment of the City, as lead agency for the Project, and 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 record of proceedings on which the decision of the City is based; and

4. That the City Council does hereby find and recognize that the Final EIR contains additions, clarifications, modifications, and other information in its response to comments on the Draft EIR or obtained by the City after the Draft EIR was issued and circulated for public review and does hereby find that such changes and additional information are not significant new information as that phrase is NVF:MJV:JMD
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described under CEQA because such changes and additional information do not indicate that any of the following would result from approval and implementation of the Project: (i) any new significant environmental impact or substantially more severe environmental impact not already disclosed and evaluated in the Draft EIR, (ii) any feasible mitigation measure considerably different from those analyzed in the Draft EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented, or (iii) any feasible alternative considerably different from those analyzed in the Draft EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented; and

5. That the City Council does hereby find and determine that recirculation of the EIR for further public review and comment is not warranted or required under the provisions of CEQA; and

6. The City Council does hereby make the following findings with respect to the significant effects of the environment of the Project, as identified in the EIR, with the understanding that all of the information in this Resolution is intended as a summary of the full administrative record supporting the EIR, which full administrative record should be consulted for the full details supporting these findings.

1065 SOUTH WINCHESTER BOULEVARD MIXED-USE PROJECT

SIGNIFICANT ENVIRONMENTAL IMPACTS

Air Quality

Impact: Impact AIR-1: Construction activities associated with the proposed project would expose sensitive receptors to construction dust and equipment exhaust emissions of DPM and PM2.5 that exceed BAAQMD single-source threshold of >10 per million cases for infant/child cancer risks and the 0.3 ug/m3 PM2.5 concentration.

Mitigation: MM AQ-1: Prior to issuance of any demolition permit, grading permit, or building permit, whichever comes first, the project applicant shall prepare and submit a construction emissions reduction plan containing the measures listed below to the City of San Jose Director of Planning, Building and Code Enforcement or Director’s designee for review and approval. 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. The emissions reduction plan shall include some or all of the following measures to achieve an 85 percent NVF:MJV:JMD
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reduction in DPM emissions that corresponds with an infant/child cancer risk of 10 or fewer cases per million, and a reduction of PM2.5 emissions of 59 percent. During construction, the project contractor shall implement the measures listed in the approved construction emissions reduction plan to reduce emissions of fugitive dust and engine exhaust DPM. These measures shall be included in the project plans, prior to issuance of any demolition permit, grading, or building permit:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three (3) times per day and at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe prior to each watering to determine if the moisture content standard is maintained or a frequency greater than three (3) times per day is needed to maintain the standard. A daily compliance log for this measure shall be maintained on the site available for review by City staff; and
b. All vehicle speeds on unpaved roads shall be limited to five (5) mph. c. At minimum, all construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total (over the course of the full construction process) shall utilized diesel engines that are EPA certified “Tier 3 or better” emission standards for particulate matter and be equipped with CARB-certified Level 3 Diesel Particulate Filters as needed to meet the EPA Tier 4 emissions standard. Prior to the issuance of any demolition permits, the project applicant shall submit specifications of the equipment to be used during construction and confirmation this requirement is met; and/or
d. Use alternatively fueled equipment or equipment with zero emissions (i.e. electrical equipment); and/or
e. Provide line power to the site during the early phases of construction to minimize the use of diesel-powered stationary equipment, such as generators; and/or
f. Other demonstrable measures that may reduce emissions and avoid or minimize exposures to the affected sensitive receptors.

Finding: Implementation of Mitigation Measure AQ-1, in addition to the City’s Standard Permit Conditions, would reduce project construction health risks below the BAAQMD single-source thresholds and to a less than significant level. (Less Than Significant with Mitigation Incorporated)

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Facts in Support of Finding: The closest sensitive receptors to the project site are single-family homes adjacent to the western boundary of the project site.

There are additional residences to the north, east, and east of the project site. In addition, the Caring Hearts Senior Care Home is located in the vicinity of the project site (approximately 390 feet northeast).

The California Emissions Estimator model (CalEEMod) Version 2016.3.2 was used to estimate PM10 exhaust emissions and PM2.5 diesel emissions from project construction activities. The AERMOD dispersion model was used to predict concentrations of DPM and PM2.5 concentrations at sensitive receptors (residences, senior care home) located within 1,000 feet from the project 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.

Project construction emissions were modeled based on the project construction information provided by the applicant and derived from the projects plans. The project construction would exceed the infant cancer risk threshold by 22 cases per million and the PM2.5 Concentration threshold by

0.12 ug/m3.

Compliance with the City’s Standard Permit Conditions for the control of fugitive dust and construction equipment exhaust would reduce cancer risks and other health risks associated with exposures to DPM and PM2.5 emissions, but not to a less-than-significant level. To determine the extent of emissions reduction measures that would be required to reduce the MEI infant/child cancer risk below the BAAQMD threshold, the modeled construction equipment inputs were modified to EPA Tier 4 standards equipped with CARB-certified Level 3 Diesel Particulate Filters.

The modeling results show that project construction exhaust DPM emissions would be reduced by 85 percent and PM2.5 emissions would be reduced by about 59 percent. As a result, the infant/child cancer risk would be 10 cases per million and PM2.5 concentration would be 0.25 ug/m3. With implementation of Mitigation Measure MM AIR-1.1, the infant/child cancer risk and PM2.5 concentration would not exceed BAAQMD single-source thresholds of significant and the impacts would be less than significant with mitigation incorporated.

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Biological Resources

Impact: Impact BIO-1: Project construction activities (including demolition, grading, and tree removal) would remove trees and/or buildings that may provide roosting habitat for special-status bats.

Mitigation: MM BIO-1: Pre-Construction Bat Survey. Prior to tree trimming/removal, demolition of buildings, or any other earth moving activities, the project applicant shall retain a qualified biologist to conduct a habitat assessment for bats and potential roosting sites in trees to be trimmed, and in trees and structures within 50 feet of the development footprint to the extent access to neighboring properties would be available. The survey shall be completed no more than 14 days prior to earthmoving activities. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated.

If no roosting sites or bats are found, a letter report confirming absence shall be submitted by the qualified biologist to the Director of Planning, Building and Code Enforcement, or the Director’s designee prior to the commencement of tree trimming and construction activities and no further mitigation is required.

If bats or roosting sites are found, a letter report and supplemental documents shall be provided by the qualified biologist to the Director of Planning, Building and Code Enforcement, or the Director’s designee prior to the commencement of tree trimming and construction activities and the following monitoring, exclusion, and habitat replacement measures shall be implemented:
a. Avoidance Outside of Nursery Season. If bats are found roosting outside of the nursery season (May 1 through October 1, inclusive), they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat NVF:MJV:JMD
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pups. If the roost is determined to not be a maternal roost, then the bats shall be evicted as described under (b) below.
b. Avoidance During Nursery Season. If bats are found roosting during the nursery season (May 1 through October 1, inclusive), a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season. Monitoring of the roosting site(s) shall occur until the end of the nursery season. If bats continue to roost and require removal or exclusion, the bats shall be evicted as described under (b) below. c. Eviction Outside of Nursery Season. If a non-breeding bat’s hibernating location (hibernaculum) is found in a tree or snag scheduled for removal or on any structures within 50 feet of project disturbance activities, the individuals shall be safely evicted, under the direction of a qualified bat biologist. If pre-construction surveys determine that there are bats present in any trees or structures to be removed, exclusion structures (e.g., one-way doors or similar methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the nursery season.

Information on placement of exclusion structures shall be provided to the CDFW prior to construction. If needed, other removal methods could include: carefully opening the roosting area in a tree or snag by hand to expose the cavity and opening doors/windows on structures, or creating openings in walls to allow light into the structures. Removal of any trees or snags and disturbance within 50 feet of any structures shall be conducted no earlier than the following day (i.e., at least one night shall be provided between initial roost eviction disturbance and tree removal/disturbance activities). This action shall allow bats to leave during dark hours, which increases their chance of finding new roosts with a minimum of potential predation.

MM BIO-2: Bat Mitigation and Monitoring Plan. If roosting habitat is identified, a Bat Mitigation and Monitoring plan shall be prepared by a qualified biologist and implemented to mitigate for the loss of roosting habitat. The plan shall include information pertaining to the species of bat and location of the roost, compensatory mitigation for permanent impacts, including specific mitigation ratios and a location of the proposed mitigation area, and monitoring to assess bat use of mitigation areas. The plan shall be submitted to CDFW for review and approval prior to the bat eviction activities or the removal of roosting habitat.

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Finding: With implementation Mitigation Measures BIO-1 and BIO-2, the project applicant would be required to obtain a qualified biologist prior to the commencement of construction activities to survey for special-status bats.

If found, the qualified biologist would develop an appropriate plan to remove and/or mitigate for the loss of roosting habitat. This would reduce the potentially significant adverse impacts on roosting special-status bats to a less than significant level. (Less Than Significant Impact with Mitigation Incorporated)

Facts in Support of Finding: Trees and/or buildings or structures on or adjacent to the project site could provide roosting habitat for state-listed species of special concern hoary bat (Lasiurus cinereus), pallid bat (Antrozous pallidus), and Townsend's big-eared bat (Corynorhinus townsendii). Hoary bat is a solitary species that generally prefers dense foliage of medium to large trees. Pallid bat prefers roosting in open, dry habitats with rocky areas. Townsend’s big- eared bat prefers roosting and nesting found in caves, tunnels, mines, and buildings. These species have been identified as occurring within three miles to the north and south of the project site.

Construction activities at the project site could result in the disturbance of roost and natal sites occupied by special-status bats on or adjacent to the project site, if present. Implementation of mitigation measures BIO-1 and BIO-2 would ensure any roosting bats are identified and if found, a biologist would develop an appropriate plan to remove or mitigate the loss of the roosting habitat. Implementation of Mitigation Measures MM BIO-1 and MM BIO-2 would reduce this potential significant impact to special-status bats to a less than significant level.

Impact: Impact BIO-2: Demolition, grading, construction activities, and tree removal during the nesting season could impact migratory birds and raptors.

Mitigation: MM BIO-3: Avoidance: Prior to the issuance of demolition, grading, tree removal or building permits (whichever occurs first), the project applicant shall schedule demolition and construction activities to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st (inclusive).

Nesting Bird Surveys: If demolition and construction cannot be scheduled to occur between September 1st and January 31st (inclusive), pre- construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation. This survey shall be completed no more than 14 days prior NVF:MJV:JMD
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to the initiation of 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 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.

Buffer Zones: If an active nest is found within 250 feet of the work areas to be disturbed by construction, the qualified ornithologist, in consultation with the California Department of Fish and Wildlife, shall determine the extent of a construction free buffer zone to be established around the nest, (typically 250 feet for raptors and 100 feet for other birds), to ensure that raptor or migratory bird nests shall not be disturbed during project construction. The no-disturbance shall remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more then resumes again during the nesting season, an additional survey shall be necessary to avoid impacts to active bird nests that may be present.

Finding: 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 potential significant adverse impacts on nesting birds to a less than significant level. (Less Than Significant Impact with Mitigation Incorporated).

Facts in Support of Finding: Mature trees and other ornamental 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 Measure MM BIO-3 to protect potentially occurring nesting birds and reduce the impact to a less than significant level.

Implementation of Mitigation Measure MM BIO-3 will ensure that if NVF:MJV:JMD
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construction cannot avoid the nesting season, any nesting birds on the project site and immediately adjacent to the project site are identified, and buffer zones around the trees with nests are established to ensure that the nests are protected during construction activities.

Cultural/Tribal Cultural Resources

Impact: Impact 3-1: Implementation of the project would result in the demolition and adverse change of the historic resources (all the structures on the site) at 1065 South Winchester Boulevard (candidate landmarks for the City of San José Historic Resources Inventory and the California Register of Historical Resources) (Project Level and Cumulative).

Mitigation: MM CUL-3-1a: Prior to issuance of any demolition permit, or permit to relocate the structures, a qualified architectural historian shall document the residence and barn at 1065 South Winchester Boulevard in accordance with the guidelines established for the Historic American Building Survey (HABS). Documentation shall consist of the following components:

1. Drawings – Prepare sketch floor plans.

2. Photographs – Digital photographic documentation of the interior, exterior, and setting of the buildings in compliance with the National Register Photo Policy Fact Sheet. Photos must have a permanency rating of approximately 75 years.

3. Written Data – HABS written documentation in short form.

An architectural historian meeting the Secretary of the Interior’s Professional Qualification Standards shall oversee the preparation of the sketch plans, photographs and written data. The existing DPR forms shall fulfill the requirements for the written data report.

The City of San José’s Historic Preservation Officer shall review the documentation, and then the applicant shall file the documentation with the San José Library’s California Room and the Northwest Information Center at Sonoma State University, the repository for the California Historical Resources Information System. All documentation shall be submitted on archival paper.

MM CUL 3-1b: Prior to issuance of any demolition permits, the project applicant shall advertise the residence and barn at 1065 South Winchester Boulevard for relocation by a third party. The project applicant shall be required to advertise the availability of the structure for a period of no less NVF:MJV:JMD
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than 30 days. The advertisements must include a newspaper of general circulation, a website, and notice on the project site. The project applicant must provide evidence (i.e., receipts, date and time stamped photographs, etc.) to the Director of Planning, Building and Code Enforcement or the Director’s designee that this condition has been met prior to the issuance of any demolition permits

If a third party does agree to relocate the residence and barn at 1065 South Winchester Boulevard, the following measures must be followed:

1. The City’s Director of Planning, Building and Code Enforcement or the Director’s designee, based on consultation with the City’s Historic Preservation Officer, must determine that the receiver site is suitable for the building.

2. Prior to relocation, the project applicant or third party shall hire a qualified historic preservation architect and a qualified structural engineer to undertake an existing condition study. The purpose of the study shall be to establish the baseline condition of the building prior to relocation. The documentation shall take the form of written descriptions and visual illustrations, including those character-defining physical features of the resource that convey its historic significance and must be protected and preserved. The documentation shall be reviewed and approved by the City’s Historic Preservation Officer prior to the structure being moved. Documentation already completed shall be used to the extent possible to avoid repetition in work.

3. To protect the building during relocation, the third party shall engage a building mover who has experience moving similar historic structures. A qualified structural engineer shall also be engaged to determine if the building needs to be reinforced/stabilized before the move.

4. Once moved, the building shall be repaired and restored, as needed, by the project applicant or third party in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. In particular, the character-defining features shall be restored in a manner that preserves the integrity of the features for the long-term preservation of these features.

Upon completion of the repairs, a qualified architectural historian shall document and confirm that renovations of the structure were completed in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and that all character-defining features were preserved. The project applicant shall submit a report to the City’s Historic Preservation Officer documenting the relocation.

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If no third party relocates the residence and barn at 1065 South Winchester Boulevard, the structure shall be made available for salvage-to-salvage companies facilitating the reuse of historic building materials. The time frame available for salvage shall be established by the Director of Planning, Building and Code Enforcement or the Director’s designee, together with the City’s Historic Preservation Officer.

The project applicant must provide evidence to the Director of Planning, Building and Code Enforcement or the Director’s designee, that this condition has been met prior to the issuance of any demolition permits.

Finding: Mitigation measures MM CUL 3.1-a and 3.1-b, would help retain the memory of the buildings and their association with the City’s history but even with their implementation, demolition or salvage of the existing agricultural buildings and structures on site would remain a significant unavoidable impact because they would be permanently lost or moved. (Significant and Unavoidable Impact)

Facts in Support of Finding: The proposed project would demolish all the existing buildings and structures on site which were identified collectively as a Historic Resource and which would result in the loss of a historical resource under CEQA. Implementation of the mitigation measures would help retain the memory of the buildings and their association with the City’s history and provide an opportunity for relocation of the buildings; however, there are no mitigation measures that would reduce the impact to a less than significant level. Relocation of the structures offsite, while preserving them in a different location, would result in a loss of connection to their historical development of the Moreland District at the current location. Specifically, the property would no longer represent the agricultural and fruit production and drying heritage of the City of San José and the Santa Clara Valley.

Therefore, even with implementation of Mitigation Measures MM CUL 3.1- a and MM CUL 3.1-b, the impact to the historical resources would remain significant and unavoidable.

Impact: Impact 3-2: Ground disturbing activities associated with the project construction may result in the potential disturbance and impacts to unrecorded archaeological resources including Subsurface Historic Resources Associated with Late 19th and Early 20th Century Agricultural and Residential History of the property.

Mitigation: MM CUL 3-2a: Cultural Sensitivity Training. Prior to issuance of any grading permits, the project applicant shall be required to submit evidence that a Cultural Awareness Training will be provided to construction NVF:MJV:JMD
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personnel prior to ground disturbances. The training shall be facilitated by the project archaeologist in collaboration with a Native American representative registered with the Native American Heritage Commissions for the City of San José and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3.

MM CUL 3-2b: Sub-Surface Monitoring. A qualified archeologist in collaboration with a Native American monitor, registered with the Native American Heritage Commission for the City of San Jose and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall also be present during applicable earthmoving activities such as, but not limited to, trenching, initial or full grading, lifting of foundation, boring on site, or major landscaping.

MM CUL 3-2c: Treatment Plan. A qualified archeologist in collaboration with a Native American monitor, registered with the Native American Heritage Commission for the City of San Jose and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall prepare a treatment plan that reflects permit-level detail pertaining to depths and locations of excavation activities. The treatment plan shall be prepared and submitted to the Director of the City of San José Department of Planning, Building, and Code Enforcement or Director’s designee prior to approval of any grading permits. The treatment plan shall contain, at a minimum:

1. Identification of the scope of work and range of subsurface effects (including location map and development plan), including requirements for preliminary field investigations.

2. Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential range of what might be found).

3. Monitoring schedules and individuals.

4. Development of research questions and goals to be addressed by the investigation (what is significant vs. what is redundant information).

5. Detailed field strategy to record, recover, or avoid the finds and address research goals.

6. Analytical methods.

7. Report structure and outline of document contents.

8. Disposition of the artifacts.

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9. Security approaches or protocols for finds.

10. Appendices: all site records, correspondence, and consultation with Native Americans, etc.

11. Implementation of the plan, by a qualified archaeologist, shall be required prior to the issuance of any grading permits. The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources.

Finding: There are no known below-ground historic resources present on the project site. However, the proposed project involves excavation, which could result in the discovery of unknown below ground historic resources. Therefore, implementation of mitigation measures MM CUL 3.2-a through MM CUL3.2- c and standard permit conditions presented under Impact 3-2 would be implemented to ensure potential impacts to below-ground historic resources are reduced to a less than significant level. (Less Than Significant Impact with Mitigation Incorporated)

Facts in Support of Finding: Due to the documented late nineteenth and early twentieth century agricultural and residential history of the property, it is possible that subsurface archaeological deposits associated with these activities could be present on the project site that could be adversely impacted by implementation of the proposed project. This potential impact is considered significant. Implementation of the mitigation measures, which would require worker cultural sensitivity training, preparation of a cultural treatment plan to be implemented during ground disturbing activities, and presence of a qualified archeologist and tribal monitor during earthmoving activities, would reduce the potential impact to a less than significant level.

Impact: Impact 3-3: Ground disturbing activities associated with the project construction may result in impacts to Archaeological Resources pursuant to CEQA Guidelines Section 15064.5.

Mitigation: Mitigated by mitigation measures 3-2a, 3-2b, and 3-2c (see Impact 3-2 above).

Finding: Pursuant to the Cultural Resource Evaluation of the Proposed Project at 1065 Winchester Boulevard in the City of San Jose, California (“archaeology report”) prepared by Archaeological Resource Management in July 2021there are no known archaeological resources present on the project site. However, the proposed project involves excavation, which could result in the discovery of subsurface archaeological deposits.

Therefore, implementation of mitigation measures MM CUL 3.2-a through NVF:MJV:JMD
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MM CUL3.2-c and standard permit conditions presented under Impact 3-2 would be implemented. Implementation of the mitigation measures, which would require a cultural sensitivity training, preparation of a cultural treatment plan to be implemented during ground disturbing activities, and presence of a qualified archeologist and tribal monitor during earthmoving activities, would ensure potential impacts to subsurface archaeological resources are reduced to a less than significant level. (Less Than Significant Impact with Mitigation Incorporated)

Facts in Support of Finding: The archaeological report revealed that there are no previously recorded cultural resources within the proposed project area, or within a one-quarter mile radius of the proposed project area. No significant cultural materials, prehistoric or historic, were noted during surface cultural resource reconnaissance survey besides the existing above-ground buildings and structures on site representing the agricultural and fruit production and drying heritage of the City of San José and the Santa Clara Valley. However, due to the documented late nineteenth and early twentieth century agricultural and residential history of the property, it is possible that subsurface archaeological deposits associated with these activities could be present on the project site that could be adversely changed by implementation of the proposed project. Implementation of the mitigation measures and standard permit conditions presented for Impact 3-2 would reduce the significance of this potential impact to a less than significant level.

Impact: Impact 3-5: Potential Adverse Change in Tribal Cultural Resource Listed or Eligible for Listing in the California Register of Historical Resources or Significant Pursuant to Public Resources Code Section 5024.1 (During Grading and Construction Activities).

Mitigation: Mitigated by mitigation measures 3-2a, 3-2b, and 3-2c (see Impact 3-2 above).

Finding: The implementation of Mitigation Measures 3-2a, 3-2b, 3-2c, which would require a cultural sensitivity training, preparation of a cultural treatment plan to be implemented during ground disturbing activities, and presence of a qualified archeologist and tribal monitor during earthmoving activities, would reduce the proposed project’s impact to potentially uncover and damage or destroy unknown tribal cultural resources to less than significant. (Less Than Significant Impact with Mitigation Incorporated)

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Facts in Support of Finding: Based on the information presented in past studies and during AB52 consultation in September and October of 2021 with Chairwoman Quirina Geary of Tamien Nation, the project site is in a sensitive area and future ground-disrupting activities within the project site could have the potential to uncover and damage or destroy unknown or undocumented resources. Representatives from the Tamien Nation would be involved in the preparation of a treatment plan, on-site Native American monitoring during ground disturbance, accidental discovery, tribal cultural sensitivity training, and a commemorative plaque to educate the public about the local Tamien Tribe. The commemorative plaque has been considered and has been incorporated as part of the project as a voluntary component. 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 mitigation and City’s standard permit conditions.

Noise

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 more than 12 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.

Mitigation: 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 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:

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a. 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.
b. 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.
c. Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise-sensitive land uses.
d. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
e. Prohibit unnecessary idling of internal combustion engines. f. 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. g. Utilize “quiet” air compressors and other stationary noise sources where technology exists.
h. Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site i. 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.
j. 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.
k. 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.

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l. 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.

Finding: Implementation of Mitigation Measure N-1, identified above, would reduce impacts related to temporary noise level increase due to the 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. With implementation of the logistics plan to manage construction noise, the temporary noise increase in ambient levels would be less than significant. In addition, implementation of Mitigation Measure N-1, along with implementation of a similar construction noise logistics plan for the adjacent 1073-1087 South Winchester Boulevard Mixed-Use Project, would reduce cumulative noise impacts to a less than significant level. 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. (Less than Significant Impact with Mitigation Incorporated)

Facts in Support of Finding: Policy EC-1.7 of the City’s General Plan requires that all construction activities within the City use best available noise suppression devices and techniques and to limit construction hours near residential uses per the Municipal Code, which are between 7:00 AM and 7:00 PM on weekdays when construction occurs within 500 feet of a residential land use. Further, the City considers a significant construction noise impact to occur if a project is located within 500 feet of a residential use or 200 feet of a commercial or office use and would involve substantial noise-generating activities continuing for a period of more than 12 months.

Construction of the proposed project would occur within 500 feet of residential land uses and within 200 feet of office uses and is expected to last approximately 20 months, which exceeds the 12-month construction noise threshold pursuant to General Plan Policy EC-1.7.

To comply with MM N-1, the applicant must submit and implement a construction noise logistics plan that includes the following: specific 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 logistic plan shall be submitted to the Director of Planning, Building and Code Enforcement or NVF:MJV:JMD
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Director’s designee prior to the issuance of any grading or demolition permits. Implementation of Mitigation Measure N-1 would reduce noise impacts to a less than significant level.

Transportation/Traffic

Impact: Impact TR-1: The proposed project would generate 13.13 VMT per employee for the office component, which would exceed the City’s established impact threshold of 12.21 VMT per employee.

Mitigation: MM TR-1: In addition to the final Transportation Demand Management (TDM) plan for reduced parking, the project applicant shall implement one of the following mitigation measures to reduce VMT impacts:

Option A: Telecommuting and Alternative Work Schedules. Encourage 50 percent of the employees to telecommute, shift work schedules, or commute outside of peak congestion periods on a 4/40 schedule or 4 of 40 hours on alternative work schedule. This measure reduces commute vehicle trips; or
Option B: Operate a Free Direct Shuttle. Provide shuttle service for at least 15 percent of the project employees that would serve the project site and areas with high concentrations of employed residents. This measure reduces drive-alone commute trips; or
Option C: Provide Ride-Sharing Programs. Organize a program to match individuals interested in carpooling who have similar commutes for at least 15 percent of the project employees. This measure promotes the use of carpooling and reduces the number of drive-alone trips; or Option D:

1. Car Sharing Program: Provide subsidies and promotions, as well as dedicated parking spaces, for carsharing services such as ZipCar, Car2Go, and GetAround, etc. for 100 percent of the project employees; and

2. Commute Trip Reduction Marketing/Education: Implement marketing/educational campaigns that promote the use of transit, shared rides, and travel through active modes for 100 percent of the project employees. Strategies may include incorporation of alternative commute options into new employee orientations, event promotions, and publications; and

3. Employee Parking “Cash Out” and on-site TDM coordinator: Require Project employers to offer parking "cash-out" for 70 percent of the project employees. Providing a "cash-out" incentives gives employees NVF:MJV:JMD
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the choice to forgo subsidized/free parking for a cash payment equivalent to the cost that the employer would otherwise pay for the parking space. Providing an alternative to subsidized/free parking encourages commuters to travel by walking, biking, carpooling, and transit.

MM TR-2: On-site TDM Coordinator. The project applicant shall provide a draft TDM plan (including one or more options above) prior to issuance of the Building Permit for review and approval. Prior to issuance of any building permit, a first draft of the Plan shall be resubmitted and shall include an annual monitoring requirement establishing an average daily trip (ADT) cap of 42 AM peak-hour trips and 46 PM peak-hour trips. The annual monitoring shall be prepared by a traffic engineer and the report must demonstrate the project is within 10% of the ADT cap. If the project is not in conformance with the trip cap, the project may add additional TDM measure to meet the trip cap. A follow up report shall be required within six months of the last approved TDM If the project is still out of conformance, penalties will be assessed.

Finding: Implementation of Mitigation Measure MM TR-1 would reduce the VMT per employee impact generated by the project to 12.20 per employee or less, below the VMT threshold of 12.21 per employee, which would reduce the project impact to less than significant. (Less than Significant Impact with Mitigation Incorporated)

Facts in Support of Finding: The City’s Transportation Policy identifies an impact threshold of 15 percent below the citywide average per capita VMT of 11.91 and regional average per employee VMT of 14.37. Therefore, the proposed project would result in a significant impact if it results in VMT that exceeds per capita VMT of 10.12 and per employee VMT of 12.21.

The results of the VMT evaluation, using the City’s VMT Evaluation Tool, indicate that the proposed project is projected to generate VMT per capita (10.07), which is below the established VMT per capita impact threshold.

The office component of the project is projected to generate VMT per employee (13.13), which would exceed the established impact threshold.

Therefore, the proposed office component of the project could be considered inconsistent with CEQA Guidelines section 15064.3, subdivision (b).

With implementation of MM TR-1, the project’s VMT would be reduced to between 12.20 VMT per employee and 12.05 VMT per employee depending on the mitigation measure option selected. Implementation of MM TR-2 NVF:MJV:JMD
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which would require the preparation and monitoring of a Transportation Demand Management (TDM) Plan, would ensure the project is within 10% of the average daily trip to meet the VMT reduction.

The TDM plan for monitoring, reporting, compliance, and funding will be provided for the life of the project. Annual trip monitoring reports will demonstrate adherence to the established trip cap. If the annual trip monitoring report finds that the project is exceeding the trip cap, a follow-up report prepared by the project applicant must demonstrates compliance with the trip cap requirements within a six-month grace period. Penalties, as defined in the Council Policy 5-1, would be assessed if a project does not meet the trip cap requirements by the end of the grace period. Implementation of MM TR-1 and MM TR-2 would reduce VMT transportation impacts to a less than significant level.

FINDINGS CONCERNING ALTERNATIVES

In order to comply with the purposes of CEQA, it is important to identify alternatives that reduce the significant impacts that are anticipated to occur if the Project is implemented and to try to meet as many of the Project’s objectives as possible. The CEQA Guidelines emphasize a common-sense approach -- the alternatives should be reasonable, should “foster informed decision making and public participation,” and should focus on alternatives that avoid or substantially lessen the significant impacts.

The objectives for the project are as follows:

1. Provide a project that meets the strategies and goals of the General Plan and Winchester Boulevard Urban Village criteria of creating a thoughtfully designed, pedestrian and bicyclist‐friendly neighborhood that meets the needs of people of all ages and abilities.

2. Strengthen the Winchester Boulevard Urban Village area as a vibrant pedestrian friendly community.

3. Replace the existing residence and accessory structures with a mixed‐use project that is designed to be more commercially focused and allows for a greater intensity of use, pursuant to the designation of the site.

4. Activate the South Winchester Boulevard with pedestrian friendly ground floor commercial uses.

5. Provide bicycle parking for residents and visitors to help support the goals of the General Plan in promoting San José as a great bicycling community.

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6. Provide housing units in meeting the City goal for more housing opportunities by maximizing the number of units allowed on this site consistent with San Jose General Plan Designation and Zoning District.

The alternatives analyzed in the DEIR were developed with the goal of being at least potentially feasible, given Project objectives and site constraints, while avoiding or reducing the Project’s identified environmental effects. The following are evaluated as alternatives to the proposed project:
1) Alternative 1 No Project- No Development Alternative 2) Alternative 2 Retain Existing Structures in Place and Redesign Proposed Project Alternative
3) Alternative 3 Onsite Relocation of a Barn and Redesign Project

1. Alternative 1 - No Project-No Development
A. Description of Alternative
Under Alternative 1 No Project-No Development, no changes would occur on the project site. This alternative was considered in accordance with CEQA Guidelines Section 15126.d.4, that requires that an EIR consider an alternative which addresses the existing conditions as well as what could reasonably be expected to occur in the foreseeable future if the project is not approved. Under this alternative, the EIR considered the barn, residence, and accessory structures would remain and the site could be used as a single-family residence.

B. Comparison of Environmental Impacts
Alternative 1 would avoid the environmental impacts (historic, air quality, biological resources, noise and transportation) of the project, assuming the continued occupancy or re-occupancy of the single-family development (house, barn, and accessory structures). Since the project site will not be redeveloped under this alternative, the project will also avoid construction and operational impacts to neighboring residential uses.

C. Finding
Although the project under Alternative 1 would avoid the significant impacts on the historic resources, air quality, biological resources, noise, and transportation, this alternative would not meet any of the project objectives. The existing site would support only a single-family residence and, therefore, not maximizing housing opportunities in the City nor intensifying the uses on-site. This alternative does not support the broader Urban Village plan strategy which calls for an urban form that supports walking, transit use and public interaction and accommodates growth in NVF:MJV:JMD
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jobs and housing and it will not redevelop the project site with a high-quality, sustainable, mixed-use project that provides a mix of uses and supports a variety of transportation alternatives. In addition, this alternative will not increase homeownership opportunities or expand the supply of higher density housing in San José. Furthermore, this alternative would not advance General Plan Major Strategy #3 to focus high-density housing in designated growth areas, such as the Santana Row/Valley Fair Urban Village. Therefore, this alternative is rejected.

2. Alternative 2 - Retain Existing Structures in Place
and Redesign Proposed Project Alternative
A. Description of Alternative
Under Alternative 2 Retain Existing Structures in Place and Redesign Proposed Project, the Italianate style cottage (residence) and barn would be retained in their existing locations, as well as the trees on the eastern half of the site. Alternative 2 would demolish the tank house and fruit drying area and shed and remove the trees behind the structures. The project would then be redesigned on the western one‐third of the project site behind the house and barn; the redesigned alternative would be a 65-foot-high, mixed-used building with 21 residential units and 6,123 square feet of commercial space. The building’s height would be limited by the requirements of the Urban Village and Zoning District. This alternative could retain the property’s eligibility for inclusion in the California Register of Historical Resources and in the City of San José Historic Resources Inventory as a Candidate City Landmark.

B. Comparison of Environmental Impacts
Alternative 2 would prevent demolition of the historic resources on site (barn and residence); however, the alternative’s proposed construction near the historic buildings could result in vibration impacts and would require additional vibration analysis to determine if vibration mitigation measures should be applied to the project during construction. All other impact conclusions (air quality, biological resources, noise, and transportation) would remain the same as for the proposed project.

C. Finding
Under Alternative 2, the significant and unavoidable impact to a historic resource from implementation of the proposed project would be avoided and some, but not all the project objectives would be met. The property would remain eligible for inclusion in the California Register of Historical Resources and in the City of San José Historic Resources Inventory as a Candidate City Landmark The alternative would be designed to meet the strategies and goals of the General Plan and Winchester Boulevard Urban Village criteria to create a pedestrian and bicyclist‐ NVF:MJV:JMD
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friendly neighborhood that meets the needs of people of all ages and abilities; however, the alternative’s site design would be limited based on the existing residence and barn. This alternative would strengthen the Winchester Boulevard Urban Village area as a vibrant pedestrian friendly community since it would continue to provide right-of-way improvements. The alternative would not replace the existing residence or accessory structures but would provide a mixed-use project to the greatest extent feasible without touching the historic structures. The alternative would activate South Winchester Boulevard, through the construction of a pedestrian-friendly ground floor commercial use however the commercial use would be set back from South Winchester by the historic structures and would not be easily accessible to the public. The alternative would continue to provide bicycle parking and increase the overall housing on the project site, but to a lesser degree than the proposed project. The objective of the General Plan to locate affordable housing near transit would be met, but to a lesser degree than under the proposed project. Taking into consideration the loss of integrity of this single historic resource and balancing it against the City’s need for affordable housing, this alternative is rejected.

Alternative 2 would result in a reduction of 49 units and a reduction of 14,287 square feet of commercial space, which would make development of the Project economically infeasible according to the applicant and would not contribute toward the advancement of General Plan Major Strategy #3 to focus high-density development in designated growth areas, such as the South Winchester Boulevard Urban Village. Additionally, this alternative would not meet density (75 units per acre) and commercial FAR (0.5 FAR) goals of the Mixed-Use Commercial Designation in the South Winchester Urban Village. Therefore, this alternative is rejected.

3. Alternative 3 - Onsite Relocation of the Barn and Redesigned Project

A. Description of Alternative
Under Alternative 3 (Onsite Relocation of a Barn and Redesign Project), the Italianate style cottage (residence), tank house, and fruit drying area and shed would all be retained, and the barn retained and moved to the southeastern corner of the project site. Only trees on the western half of the project site would be removed. The alternative would include a redesigned mixed-use project behind the existing structures which would be 65 feet tall and include 36 residential units and 8,162 square feet of commercial square footage. Alternative 3 would retain the property’s eligibility for inclusion in the California Register of Historical Resources and in the City of San José Historic Resources Inventory as a Candidate City Landmark. However, a new vibration analysis would be required to determine if the construction vibration would have an adverse effect on the existing, historic structures
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B. Comparison of Environmental Impacts
Alternative 3 would prevent demolition of the historic resources on site (barn and residence); however, the alternative’s proposed construction near the historic buildings could result in vibration impacts and would require additional analysis to determine if vibration mitigation measures should be applied to the project during construction. All other impact conclusions (air quality, biological resources, noise, and transportation) would remain the same as for the proposed project.

C. Finding
Under Alternative 3, the significant and unavoidable impact to a historic resource from implementation of the proposed project would be avoided and some, but not all the project objectives would be met. Alternative 3 would be designed to meet the strategies and goals of the General Plan and Winchester Boulevard Urban Village criteria to create a pedestrian and bicyclist‐friendly neighborhood that meets the needs of people of all ages and abilities, however, the alternative’s site design would be limited based on the existing residence and barn. Alternative 3 would retain the property’s eligibility for inclusion in the California Register of Historical Resources and in the City of San José Historic Resources Inventory as a Candidate City Landmark. This alternative would strengthen the Winchester Boulevard Urban Village area as a vibrant pedestrian friendly community since it would continue to provide right-of-way improvements. The alternative would not replace the existing residence or accessory structures but would provide a mixed- use project to the greatest extent feasible without touching the historic structures.

The alternative would activate South Winchester Boulevard, through the construction of a pedestrian-friendly ground floor commercial use; however, the commercial use would be set back from South Winchester by the historic structures and would not be easily accessible to the public. The alternative would continue to provide bicycle parking and increase the overall housing on the project site, but to a lesser degree than the proposed project. The objective of the General Plan to locate affordable housing near transit would be met, but to a lesser degree that under the proposed project. Taking into consideration the loss of integrity of this single historic resource and balancing it against the City’s need for housing, this alternative is rejected.

Alternative 3 would result in a reduction of 34 units and 12,248 square feet of commercial space, which would make development of the Project economically infeasible according to the applicant and would not contribute toward the advancement of General Plan Major Strategy #3 to focus high-density development in designated growth areas, such as the South Winchester Boulevard Urban Village. Additionally, this alternative would not meet the density (75 units per acre) and commercial FAR (0.5 FAR) goals of the Mixed-Use Commercial NVF:MJV:JMD
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Designation in the South Winchester Urban Village. Therefore, this alternative is rejected.

Environmentally Superior Project
The environmentally superior alternative would be Alternative 1 No Project- No Development Alternative, which would avoid all project impacts. However, Alternative 1 would achieve none of the project objectives. CEQA Guidelines Section 15126.6 (e)(2) states that “if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Therefore, the next environmentally superior alternative would be Alternative 2, Retain Existing Structures in Place and Redesign Proposed Project because this alternative would retain all of the existing structures in place on the historic property, as well as many of the on‐site fruit trees, preserving more of the historic resource. This alternative would also include a project reduced by about 70 percent. The property would remain eligible for inclusion in the California Register of Historical Resources and in the City of San José Historic Resources Inventory as a Candidate City Landmark. This alternative is likely physically feasible; however, the applicant has indicated that this alternative would not be financially feasible. This alternative meets most of the project objectives, but would not meet Objective 6, as it would not maximize the number of units allowed on this site consistent with San Jose General Plan Designation and Zoning District.

STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to the provisions of CEQA, the City Council of the City of San José hereby adopts and makes the following statement of overriding considerations regarding the remaining significant and unavoidable impact of the Project as outlined above and the anticipated economic, social, and other benefits of the Project.

A. Significant Unavoidable Impact. With respect to the foregoing findings and in recognition of those facts which are included in the record, the City has determined the Project has significant unmitigated or unavoidable impacts, as set forth above, associated with the demolition of historic resources (residence and barn) eligible for inclusion in the California Register of Historical Resources and in the City of San José Historic Resources Inventory as a Candidate City Landmark

B. Overriding Considerations. The City Council specifically adopts and makes this Statement of Overriding Considerations that this Project, has eliminated or substantially lessened all significant effects on the environment where feasible, and finds that the remaining significant, unavoidable impact of the Project is NVF:MJV:JMD
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acceptable in light of the economic, legal, environmental, social, technological or other considerations noted below, because the benefits of the Project outweigh the significant and adverse impacts of the Project. The City Council finds that each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Project outweigh its significant adverse environmental impacts and is an overriding consideration warranting approval of the Project. These matters are supported by evidence in the record that includes, but is not limited to, the Envision San José 2040 General Plan, ActivateSJ Strategic Plan, the San José Bike Plan 2025 and Climate Smart San José.

C. Benefits of the Proposed Project. The City Council has considered the public record of proceedings on the proposed project and other written materials presented to the City as well as oral and written testimony at all hearings related to the Project, and does hereby determine that implementation of the Project as specifically provided in the Project documents would result in the following substantial public benefits:
 Seventy (70) housing units which would contribute to the City’s need to provide housing units at all AMI levels
 A total of 20,410 square feet of job-producing commercial space which would contribute to the South Winchester Boulevard Urban Village vision  The project’s frontage along Winchester Boulevard will be improved to be consistent with the planned streetscape design features of Grand Boulevards and the Winchester Boulevard Urban Village Plan. The frontage will include a 20-foot-wide sidewalk along Winchester Boulevard, will be designed to accommodate the planned Winchester Boulevard Complete Street improvements including protected bicycle lanes, wider sidewalks, and other pedestrian safety features.
 The improved Winchester Boulevard frontage will include a dedication of 10- feet of right-of-way and the improvement of the public streets including the reconstruction of the half street along South Winchester Blvd. project frontage including curb, gutter, sidewalk, and pavement sections.  The project site is adjacent to bus stops and bicycle lanes on Winchester Boulevard and the project’s TDM Plan will encourage the use of these transit options.
 Pay a voluntary monetary contribution of $121 per linear feet along the Winchester Boulevard project frontage for Class IV protected bikeways per San Jose Better Bike Plan 2025.

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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.
 Provide a fair-share contribution of $40,000 towards the future pedestrian crossing with improvements at Walgrove Drive as part of the Winchester Boulevard Complete Streets Improvements.
 The project will include a commemorative plaque to educate the public about the local Tamien Tribe accessible for viewing by the public.

The City Council has weighed each of the above benefits of the proposed project against its unavoidable environmental risks and adverse environmental effects identified in the EIR, and hereby determines that those benefits outweigh the risks and adverse environmental effects of the Project and, therefore, further determines that these risks and adverse environmental effects are acceptable and overridden.

MITIGATION MONITORING AND REPORTING PROGRAM

Attached to this Resolution as Exhibit “A” and incorporated and adopted as part of this Resolution herein is the Mitigation Monitoring and Reporting Program (“MMRP”) for the Project required under Section 21081.6 of the CEQA Statute and Section 15097(b) of the CEQA Guidelines. The MMRP identifies impacts of the Project, corresponding mitigation, designation for responsibility for mitigation implementation and the agency responsible for the monitoring action.

LOCATION AND CUSTODIAN OF RECORDS

The documents and other materials that constitute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the Department of Planning, Building and Code Enforcement, 200 East Santa Clara Street, Third Floor Tower, San José, CA 95113.

//
NVF:MJV:JMD
10/13/2022

30 T-51008.001/1966814
Council Agenda: 10-25-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

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 F ile No.: SP21-006
MI

TIGATION MONITORING AND REPORTING PROGRAM
1065 South Winchester Boulevard Mixed-Use Project
File No. SP21- 006
August 2022
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 2 File No.: SP21-006

P
REFACE

Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.

The Initial Study/Mitigated Negative Declaration prepared for the 1065 S. Winchester Blvd Mixed-Use Project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the Initial Study/Mitigated Negative Declaration concluded that the impacts from implementation of the project would be less than significant.

I, Adam Askari , the property owner, hereby agree to fully implement the mitigation measures described below which have been developed in conjunction with the preparation of an I nitial Study/Mitigated Negative Declaration for my proposed project. I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or si gnificantly reduce potential environmental impacts to a less than significant level.

Project Applicant’s Signature _____________________________________________ Date___________________________________________________________

August 29, 2022
Adam Askari
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 3 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

AIR QUALITY
Impact: C onstruction activities associated with t he proposed project would expose sensitive receptors to construction dust and equipment exhaust emissions of DPM and PM2 .5 that exceed BAAQMD single-source threshold of >10 per million cases for infant/child cancer risks and the 0.3 ug/m3 PM2.5 concentration.

MM AQ-1 AQ- 1 Prior to issuance of any demolition permit, grading permit, or building permit, whichever comes f irst, the project applicant shall prepare and submit a construction emissions reduction plan containing the measures listed below to the City of San Jose Planning Director or Director’s designee for review and approval. 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. The emissions reduction plan shall include some or all of the following measures to achieve an 85 percent reduction in DPM emissions that
corresponds with an infant/child cancer risk of 10 or fewer cases per million, and a reduction of PM2.5 emissions of 59 percent. During construction, the project contractor shall implement the measures listed in the approved construction emissions reduction plan to reduce emissions of fugitive dust and engine exhaust DPM. These measures shall be included in the project plans, prior to issuance of any demolition permit, grading, or building permit:
a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered three (3) times per day and at a frequency
adequate to maintain minimum soil moisture of 12
Submit a
construction
ope
rations plan
prepared by the
construction
contractor to the
City of San José
Director of
Planning, Building
and Code
Enforcement or
Director’s designee
Prior to issuance
of any demolition,
gr
ading, or
building permits
Director of
Planning,
B
uilding, and
Code
Enforcement
or Director’s
designee
Review and
approve
c
onstruction
emissions
reduction plan
Prior to
issua nce of any
demolition,
grading, or
building
permits and
implemented
during
construction
activities

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 4 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

percent. Moisture content can be verified by lab samples or moisture probe prior to each watering to determine if t
he moisture content standard is maintained or a
frequency greater than three (3) times per day is needed to maintain the standard. A daily compliance log for this measure shall be maintained on the site available for
review by City staff; and
b. All vehicle speeds on unpaved roads shall be limited to five (5) mph.
c. At minimum, all construction equipment larger than 25 horsepower used at the site for more than two
continuous days or 20 hours total (over the course of the full construction process) shall utilized diesel engines that are EPA certified “Tier 3 or better” emission
standards for particulate matter and be equipped with
CARB-certified Level 3 Diesel Particulate Filters as
needed to meet the EPA Tier 4 emissions standard. Prior to the issuance of any demolition permits, the project
applicant shall submit specifications of the equipment to be used during construction and confirmation this
requirement is met; and/or
d. Use alternatively fueled equipment or equipment with zero emissions (i.e. electrical equipment); and/or

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 5 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

e. P rovide line power to the site during the early phases of construction to minimize the use of diesel- powered
stationary equipment, such as generators; and/or
f. Other demonstrable measures that may reduce emissions and avoid or minimize exposures to the affected
sensitive receptors.

BIOLOGICAL RESOURCES
Impact: P roject construction activities (including demolition, grading, and tree removal) would remove trees and/or buildings that ma y provide roosting habitat for special-s tatus bats.

MM BIO- 1: Pre-C onstruction Bat Survey. Prior to tree trimming/removal, demolition of buildings, or any other e
arth moving activities, the project applicant shall retain a qualified biologist to conduct a habitat assessment for bats and potential roosting sites in trees to be trimmed, and in trees and structures within 50 feet of the development
footprint to the extent access to neighboring properties would be available. The survey shall be completed no more than 14 days prior to earthmoving activities. In the event that construction activities are suspended for 15 consecutive days or longer, these surveys shall be repeated.

These surveys shall include, but are not limited to, a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within and 50 feet around the project site. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed. Potential Conduct a p re-
construction b at
roosting site survey
by a qualified
wildlife biologist
and, in consultation
with the California
Department of Fish
and Wildlife,
designate a
construction-free
buffer zone around
roosting bat sites
within the roosting
season. Bats found
outside of the
roosting season shall
Prior to tree
trimming/
r
emoval,
demolition of
buildings, or any
other earth
moving activities
Director of
Planning,
B
uilding and
Code
Enforcement
or Director’s
designee
Receive copy of
Roosting Bat
S
urvey Report
Prior to tree
trimming/
r
emoval,
demolition of
buildings, or
any other earth
moving
activities

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 6 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

roosting features found during the survey shall be flagged or marked. Locations off the site to which access is not
a
vailable may be surveyed from within the site or from
public areas.

If no roosting sites or bats are found, a letter report confirming absence shall be submitted by the qualified
biologist to the Director of Planning, Building and Code Enforcement, or the Director’s designee prior to the
commencement of tree trimming and construction activities and no further mitigation is required.

If bats or roosting sites are found, a letter report and supplemental documents shall be provided by the qualified biologist to the Director of Planning, Building and Code Enforcement, or the Director’s designee prior to the
commencement of tree trimming and construction activities and the following monitoring, exclusion, and habitat
replacement measures shall be implemented:
a. Avoidance Outside of Nursery Season. If bats are found roosting outside of the nursery season (May 1 through
October 1, inclusive), they shall be monitored to
determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. If the roost is
determined to not be a maternal roost, then the bats shall be evicted as described under (b) below.
be monitored by the
wildlife biologist.

T
he wildlife
biologist shall
submit a report
indicating the results
of the survey and
any designated
buffer zones, if
necessary, to the
Director of
Planning, Building
and Code
Enforcement or
Director’s designee.

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 7 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

b. A voidance During Nursery Season. If bats are found
roosting during the nursery season (May 1 through
O
ctober 1, inclusive), a 50-foot buffer zone (or different size if determined in consultation with the California
Department of Fish and Wildlife) shall be established
around the roosting site within which no construction
activities including tree removal or structure disturbance shall occur until after the nursery season. Monitoring of the roosting site(s) shall occur until the end of the
nursery season. If bats continue to roost and require
removal or exclusion, the bats shall be evicted as
described under (c) below.
c. Eviction Outside of Nursery Season. If a non-breeding bat hibernaculum is found in a tree or snag scheduled for removal or on any structures within 50 feet of project
disturbance activities, the individuals shall be safely evicted, under the direction of a qualified bat biologist.

If pre-construction surveys determine that there are bats present in any trees or structures to be removed,
exclusion structures (e.g., one-way doors or similar
methods) shall be installed by a qualified biologist. The exclusion structures shall not be placed until the time of year in which young are able to fly, outside of the
nursery season. Information on placement of exclusion
structures shall be provided to the CDFW prior to
construction. If needed, other removal methods could
include: carefully opening the roosting area in a tree or

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 8 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

snag by hand to expose the cavity and opening
doors/windows on structures, or creating openings in
w
alls to allow light into the structures. Removal of any trees or snags and disturbance within 50 feet of any
structures shall be conducted no earlier than the
following day (i.e., at least one night shall be provided between initial roost eviction disturbance and tree
removal/disturbance activities). This action shall allow bats to leave during dark hours, which increases their
chance of finding new roosts with a minimum of
potential predation.

MM BIO- 2 Bat Mitigation and Monitoring Plan. If roosting habitat is identified, a Bat Mitigation and Monitoring plan shall be pr
epared by a qualified biologist and implemented to
mitigate for the loss of roosting habitat. The plan shall include information pertaining to the species of bat and location of the roost, compensatory mitigation for permanent impacts, including specific mitigation ratios and a location of the proposed mitigation area, and monitoring to assess bat use of mitigation areas. The plan shall be submitted to CDFW for review and approval prior to the bat eviction
activities or the removal of roosting habitat.

If roosting habitat is
identified, the
b
iologist shall
prepare and submit
the plan to CDFW
for review and
approval. Implement
plan.

Prior to tree
trimming/
r
emoval,
demolition of
buildings, or any
other earth
moving activities
Director of
Planning,
B
uilding and
Code
Enforcement
or Director’s
designee
Receive CDFW
approved plan.

Prior to tree
trimming/
r
emoval,
demolition of
buildings, or
any other earth
moving
activities
Impact: D emolition, grading, construction activities, and tree removal during the nesting season could impact migratory birds and raptors.

MM BIO- 3 Avoidance: Prior to the issuance of demolition, grading, tree removal or building permits (whichever occurs first), the project applicant shall schedule demolition and constr uction Avoid construction
activities during the
nesting season.

Prior and during
construction
a
ctivities
Director of
Planning,
B
uilding and
Receive copy of
Nesting Birds
S
urvey Report
Prior to
building permit
i
ssuance

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 9 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

activities to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay a
rea, extends from February 1st through August 31st
(inclusive).

Nesting Bird Surveys: If demolition and construction cannot be scheduled to occur between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation.

This survey shall be completed no more than 14 days prior to the initiation of 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 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.

Buffer Zones: If an active nest is found within 250 feet of the work areas to be disturbed by construction, the qualified ornithologist, in consultation with the California Department of Fish and Wildlife, shall determine the extent of a
construction free buffer zone to be established around the nest, (typically 250 feet for raptors and 100 feet for other birds), to ensure that raptor or migratory bird nests shall not be disturbed during project construction. The no-disturbance shall remain in place until the biologist determines the nest is Submit a Statement
to the Director of
P
lanning, Building
and Code
Enforcement or the
Director’s designee
that the nesting
period would be
avoided.

If construction
cannot be scheduled
to avoid nesting
season, conduct a
pre-construction
nesting bird survey
by a qualified
ornithologist and, in
consultation with
the California
Department of Fish
and Wildlife,
designate a
construction-free
buffer zone around
any discovered nest.

Code
Enforcement
o
r Director’s
designee

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 10 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

no longer active or the nesting season ends. If construction ceases for two days or more then resumes again during the ne
sting season, an additional survey shall be necessary to avoid impacts to active bird nests that may be present.

Reporting: Prior to any tree removal and construction
activities or issuance of any demolition, grading or building 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
Director of Planning, Building and Code Enforcement or the Director’s designee
The ornithologist
shall submit a report
in
dicating the results
of the survey and
any designated
buffer zones to the
Director of
Planning, Building
and Code
Enforcement or
Director’s designee.

CULTURAL RESOURCES
Impact: I mplementation of the project would result in the d emolition and adverse change of the historic resources (residence and barn) at 1065 South Winchester Boulevard (candidate landmarks for the City of San José Historic R esources Inventory and the California Register of Historical Resources) (Project Level and Cumulative).

MM
CUL 3- 1a
Prior to issuance of any d emolition permit, a qualified architectural historian shall document t he residence and barn at 1065 South Winchester Boulevard shall be documented in accordance with the guidelines established for the Historic American Building Survey (HABS). Documentation shall
consist of the following components:

1. Drawings – Prepare sketch floor plans.

2. Photographs – Digital photographic documentation of
the interior, exterior, and setting of the buildings in compliance with the National Register Photo Policy Fact An architectu ral
historian meeting
t
he Secretary of the
Interior’s
Professional
Qualification
Standards shall
prepare or oversee
preparation of report
documenting on-site
historic resources.

Prior to issuance
of a demolition
p
ermit.

The City of
San José’s
H
istoric
Preservation
Officer
Review the
documentation
a
nd ensure
applicant files
the report with
the San José
Library’s
California
Room and the
Northwest
Information
Center at
Prior to
issuance of a
d
emolition
permit.

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 11 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

Sheet. Photos must hav e a permanency rating of
approximately 75 years.

3. Written Data – HABS written documentation in short
form.

The City of San José’s Historic Preservation Officer shall review the documentation, and then the applicant shall file the documentation with the San José Library’s California Room and the Northwest Information Center at Sonoma
State University, the repository for the California Historical Resources Information System. All documentation shall be submitted on archival paper.

Applicant shall file
t
he report with the
San José Library’s
California Room
and the Northwest
Information Center
at Sonoma State
University after
review by the City
of San Jose Historic
Preservation Officer
Sonoma State
University.

MM
CUL 3- 1b
Prior to issuance of any de molition permits, the project applicant shall advertise t he residence and barn at 1065 South Winchester Boulevard for relocation by a third party.

The project applicant shall be required to advertise the availability of the structure for a period of no less than 30 days. The advertisements must include a newspaper of
general circulation, a website, and notice on the project site.

The project applicant must provide evidence (i.e., receipts, date and time stamped photographs, etc.) to the Director of Planni ng, Building and Code Enforcement or the Director’s Applicant shall
advertise buildings
f
or relocation and
provide evidence
that this mitigation
measure has been
met.

If third party agrees
to locate, third party
Prior to issuance
of a demolition
p
ermit
Director of
Planning,
B
uilding and
Code
Enforcement
or Director’s
designee
Receive and
approve reports
Prior to
issuance of a
d
emolition
permit

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 12 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

designee that this condition has been met prior to the
issuance of a ny demolition permits.

If a third party does agree to relocate the residence and barn at 1065 South Winchester Boulevard, the following
measures must be followed:

1. The City’s Director of Planning, Building and Code
Enforcement or the Director’s designee, based on
consultation with the City’s Historic Preservation
Officer, must determine that the receiver site is suitable for the building.

2. Prior to relocation, the project applicant or third party shall hire a qualified historic preservation architect and a qualified structural engineer to undertake an existing
condition study. The purpose of the study shall be to
establish the baseline condition of the building prior to relocation. The documentation shall take the form of
written descriptions and visual illustrations, including those character-defining physical features of the
resource that convey its historic significance and must be protected and preserved. The documentation shall be
reviewed and approved by the City’s Historic
Preservation Officer prior to the structure being moved.

Documentation already completed shall be used to the
extent possible to avoid repetition in work.
shall hire a historic
preservation
ar
chitect and a
structural engineer
to undertake an
existing condition
study.

Third party shall
engage a building
mover who has
experience moving
similar historic
structures.

Third party shall
repair and restore
the buildings.

A qualified
architectural
historian shall
document and
confirm that
renovations of the
structure were
completed in
conformance with

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 13 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

3. To pr otect the building during relocation, the third party shall engage a building mover who has experience
mo
ving similar historic structures.

A qualified structural engineer shall also be engaged to determine if the building needs to be
reinforced/stabilized before the move.

4. Once moved, the building shall be repaired and restored, as needed, by the project applicant or third party in
conformance with the Secretary of the Interior’s
Standards for the Treatment of Historic Properties. In
particular, the character-defining features shall be
restored in a manner that preserves the integrity of the features for the long-term preservation of these features.

Upon completion of the repairs, a qualified architectural historian shall document and confirm that renovations of the structure were completed in conformance with the
Secretary of the Interior’s Standards for the Treatment of Historic Properties and that all character-defining
features were preserved. The project applicant shall
submit a report to the City’s Historic Preservation
Officer documenting the relocation.

If no third party relocates the residence and barn at 1065 South Winchester Boulevard, the structure shall be made available for salvage-to-salvage companies facilitating the reuse of historic building materials. The time frame available for salvage shall be established by the Director of Planning, the Secretary of the
Interior ’s Standards
for the Treatment of
Historic Properties.

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 14 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

Building and Code Enforcement or the Director’s designee, together with the City’s Historic Preservation Officer.

T
he project applicant must provide evidence to the Director of Planning, Building and Code Enforcement or the
Director’s designee, that this condition has been met prior to the issuance of demolition permits.

Impact: G round disturbing activities associated with the project construction may result in the potential disturbance and impacts to unrecorded archaeological resources including Subsurface Historic Resources Associated wit h Late 19th and Early 20th Century Agricultural and Residential History of the property.

Impact: Ground disturbing activities associated with the project construction may result in impacts to Archaeological Resources pursuant to CEQA Guidelines Section 15064.5.

Impact: Potential Adverse Change in Tribal Cultural Resource Listed or Eligible for Listing in the California Register of Historical Resources or Significant Pursuant to Public Resources Code Section 5024.1 (During Grading and Construction Activities).

MM
CUL 3- 2a
Cultural Sensitivity Training. Prior to issuance of any grading p ermits, the project applicant shall be required to submit evidence that a Cultural Awareness Training will be provided to construction personnel prior to ground
disturbances. The training shall be facilitated by the project archaeologist in collaboration with a Native American
representative registered with the Native American Heritage Commissions for the City of San José and that is
traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3.

Condu ct a
preliminary
i
nvestigation by a
qualified
archaeologist.

Prior to grading
permit.

Director of
Planning,
B
uilding and
Code
Enforcement
or Director’s
designee
Receive reports Prior to grading
permit.

MM
CUL 3- 2b
Sub-S urface Monitoring. A qualified archeologist in
collaboration with a Native American monitor, registered w
ith the Native American Heritage Commission for the City of San Jose and that is traditionally and culturally affiliated

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 15 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

with the geographic area as described in Public Resources Code Section 21080.3, shall also be present during
a
pplicable earthmoving activities such as, but not limited to, trenching, initial or full grading, lifting of foundation, boring on site, or major landscaping.

MM
CUL 2- 3c
Treatment Plan. A qua lified archeologist in collaboration with a Native American monitor, registered with the Native A
merican Heritage Commission for the City of San Jose and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code
Section 21080.3, shall prepare a treatment plan that reflects permit-level detail pertaining to depths and locations of excavation activities. The treatment plan shall be prepared and submitted to the Director of the City of San José
Department of Planning, Building, and Code Enforcement or Director’s designee prior to approval of any grading permits.

The treatment plan shall contain, at a minimum:
• Identification of the scope of work and range of
subsurface effects (including location map and
development plan), including requirements for
preliminary field investigations.
• Description of the environmental setting (past and
present) and the historic/prehistoric background of the parcel (potential range of what might be found).
• Monitoring schedules and individuals
Preparation of a
treatment plan b y a
qualified
archaeologist.

Prior to grading
permit a nd during
construction.

Director of
Planning,
B
uilding and
Code
Enforcement
or Director’s
designee
Receive reports Prior to grading
permit.

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 16 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

• D evelopment of research questions and goals to be
addressed by the investigation (what is significant vs. w
hat is redundant information).
• Detailed field strategy to record, recover, or avoid the finds and address research goals.
• Analytical methods.
• Report structure and outline of document contents.
• Disposition of the artifacts.
• Security approaches or protocols for finds.
• Appendices: all site records, correspondence, and
consultation with Native Americans, etc.
• I mplementation of the plan, by a qualified
archaeologist, shall be required prior to the issuance of any grading permits. The treatment plan shall utilize
data recovery methods to reduce impacts on
subsurface resources.

NOISE
Impact: C onstruction of the proposed project would occur within 500 feet of residential land uses and wi thin 200 feet of office uses and would last for more than 12 months, thereby resulting in a significant impact. The fol lowing mitigation measure is required in order to ensure temporary construction noise levels are less than significant.

MM N- 1: Construction Noise Logistics Plan: Prior to the issuance of any grading or demolition permits, the project applicant shall s
ubmit and implement a construction noise logistics plan prepared by a qualified acoustics professional t hat specifies The qualified
acoustics
pr
ofessional shall
prepare a
Prior to issuance
of any grading or
d
emolition
permits.

Director of
Planning,
B
uilding and
Code
Review and
approve the
c
onstruction
Prior to
issuance of any
gr
ading or

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 17 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

hours of construction, noise and vibration minimization measures, posting and notification of construction schedules, e
quipment 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:
a. Pile Driving is prohibited.
b. 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.
c. Construct solid plywood fences around ground level
construction sites adjacent to operational businesses,
residences, or other noise-sensitive land uses.
d. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good
condition and appropriate for the equipment.
construction noise
logistics plan

S
ubmit the noise
logistics plan to the
Director of
Planning, Building
and Code
Enforcement, or the
Director’s designee.

Enforcement
or Director’s
de
signee
noise logistics
plan
demolition
permits.

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 18 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

e. P rohibit unnecessary idling of internal combustion
engines.
f. L
ocate 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.
g. Utilize “quiet” air compressors and other stationary noise sources where technology exists.
h. Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site.
i. 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.
j. 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.
k. Designate a “disturbance coordinator” who shall be
respons ible for responding to any complaints about

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 19 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

construction noise. The disturbance coordinator shall
determine the cause of the noise complaint (e.g., bad
m
uffler, 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.
l. 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.

TRANSPORTATION/TRAFFIC
Impact: T he proposed proje ct would generate 13.13 VMT per employee for the office component, which would exceed the City’s established impact threshold of 12.21 VMT per employee.

MM TR- 1 In addition to the final Transportation Demand Management (TDM) plan for reduced parking, the project applicant shall imp
lement one of the following mitigation measures to
reduce VMT impacts:

Option A: Telecommuting and Alternative Work
Schedules: Encourage 50 percent of the employees to
telecommute, shift work schedules, or commute outside of Prepare and
implement O ption
A, B, C, or D.

Submit a copy to the
Director of
Planning, Building
and Code
Prior to issuance
of any occupancy
p
ermit.

Director of
Planning,
B
uilding and
Code
Enforcement
or Director’s
designee, and
Department of
Review and
approve Option.

Prior to
issuance of any
oc
cupancy
permit

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 20 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

peak congestion periods on a 4/40 schedule or 4 of 40 hours on alternative work schedule. Thi s measure reduces
commute vehicle trips; or
Option B: Operate a Free Direct Shuttle: Provide
shuttle service for at least 15 percent of the project
employees that would serve the project site and areas with high concentrations of employed residents. This measure reduces drive-alone commute trips; or
Option C: Provide Ride-Sharing Programs: Organize
a program to match individuals interested in carpooling who have similar commutes for at least 15 percent of the project employees. This measure promotes the use of carpooling and reduces the number of drive-alone trips; or
Option D:

1. 1. Car Sharing Program: Provide subsidies and
promotions, as well as dedicated parking spaces, for
carsharing services such as ZipCar, Car2Go, and
GetAround, etc for 100 percent of the project
employees; and

2. Commute Trip Reduction Marketing/Education:

Implement marketing/educational campaigns that
promote the use of transit, shared rides, and travel
through active modes for 100 percent of the project
employees. Strategies may include incorporation of
alternative commute options into new employee
orientations, event promotions, and publications; and
Enforcement or
Director’s designee.

Public Works,
Development
S
ervices
Division

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 21 File No.: SP21-006

1065 So uth Winchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure

Method of
Compliance or
M
itigation Action
Timing of
Compliance

Oversight
Responsibility
Actions/
Reports

Monitoring
Timing or
Sc
hedule

3. E mployee Parking “Cash Out” and on- site TDM
coordinator: R equire Project employers to offer parking "cash-out" for 70 percent of the project employees.

Providing a "cash-out" incentives gives employees the
choice to forgo subsidized/free parking for a cash
payment equivalent to the cost that the employer would
otherwise pay for the parking space. Providing an
alternative to subsidized/free parking encourages
commuters to travel by walking, biking, carpooling, and transit.

MM TR- 2 On-s ite TDM Coordinator. The project applicant shall provide a draft TDM plan (including one or more options a
bove) prior to issuance of Planning Permit for review and approval. Prior to issuance of any building permit, a first draft of the Plan shall be resubmitted and shall include an annual monitoring requirement establishing an average daily trip (ADT) cap of 42 AM peak-hour trips and 46 PM peak- hour trips. The annual monitoring shall be prepared by a traffic engineer and the report must demonstrate the project is within 10% of the ADT cap. If the project is not in
conformance with the trip cap, the project may add
additional TDM measure to meet the trip cap. A follow up report shall be required within six months of the last
approved TDM If the project is still out of conformance, penalties will be assessed.

Prepare and
implement th e TDM
Plan.

Submit a copy of the
TDM Plan to the
Director of
Planning, Building
and Code
Enforcement or
Director’s designee.

Submit a copy of
the TDM Annual
Monitoring Report
within 14 days after
the end of the
Prior to issuance
of any occupancy
per
mit.

Annually submit
Monitoring
Report to
Department of
Public Works,
Development
Services Division
for review and
approval annually.

Director of
Planning,
B
uilding and
Code
Enforcement
or Director’s
designee, and
Department of
Public Works,
Development
Services
Division
Review and
approve TDM
P
lan.

Confirm
measures to
reduce vehicle
miles traveled
are
implemented
through review
and approval of
annual
Monitoring
Report.

Prior to
issuance of any
oc
cupancy
permit and
annual
reporting /
monitoring to
Department of
Public Works
Development
Services
Division

Planning, Building and Code E nforcement

CHRISTOPHER BURTON, D IRECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)
Page | 22 F ile No.: SP21-006
1065
South W inchester
Boulevard Mixed-Use
Project
File No: SP21-006

MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent
Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Mitigation Measure Method of
Compliance or
Mi
tigation Action
Timing of
Compliance
Oversight
Responsibility
Actions/
Reports
Monitoring
Timing or
Sche
dule
annual monitoring
date to the
Department of
Public Works
Development
Services Division
for review and
approval annually
for the life of the
project.

TRIBAL CULTURAL RESOURCES
See Cultural Resources above.

Source: 1065 South Winchester Boulevard Mi xed-Use Project Initial Study Planning, Building and Code En forcement

CHRISTOPHER BURTON, DI RECTOR
EXHIBIT "A"
(File Nos. SP21-006; T21-012)

San Jose City CouncilOctober 25, 2022

San Jose City Council
October 25, 2022