NVF:DHZ:JMD
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Council Agenda: 11-08-2022
Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO._______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE ADOPTING AN ADDENDUM TO THE NEGATIVE
DECLARATION PREPARED FOR THE INCIDENTAL SAFE
PARKING USE AMENDMENTS TO TITLE 20 OF THE SAN
JOSE MUNICIPAL CODE ANALYZING THE ADDITION OF
THE SANTA TERESA LIGHT RAIL STATION PARKING LOT
FOR INCIDENTAL SAFE PARKING USE IN ACCORDANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on February 26, 2019, the City of San José (“City”), acting as lead agency under the California Environmental Quality Act (“CEQA”), prepared and circulated a Negative Declaration for an ordinance amending Title 20 of the San José Municipal Code to add Part 17.5, Incidental Safe Parking Use on Places of Assembly and City Parcels (Planning File No. PP18-092) (“Safe Parking Ordinance”); and
WHEREAS, the Safe Parking Ordinance created standards for unhoused individuals and families to sleep overnight in their personal vehicles, allowing “safe parking” on existing paved parking areas as an incidental permitted us e to an assembly use or on City properties and operating in compliance with the San José Municipal Code; and
WHEREAS, prior to adopting the Safe Parking Ordinance and resolution to approve the Negative Declaration (Resolution No. 78990), an Initial Study and Negative Declaration was completed in compliance with CEQA and circulated for public review, and a determination was made that all identified potentially significant environmental impacts from the Safe Parking Ordinance would be reduced to a less than significant level under the implementation of the City’s Envision San José 2040 General Plan policies and Municipal Code; and
WHEREAS, the City has now prepared an Addendum to the Negative Declaration pursuant to CEQA Guidelines Section 15164 to make minor modifications to the Negative NVF:DHZ:JMD
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Item No.: 8.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Declaration and allow an Incidental Safe Parking use at the Santa Teresa Light Rail Station site (the “Addendum”); and
WHEREAS, the Addendum analyzes the proposed modification of adding the Incidental Safe Pa rking use at the Santa Teresa Light rail Station site (the “Project”) and demonstrates that all of the potential environmental impacts associated with the proposed modifications would be within the envelope of impacts already evaluated in the Negative Declaration; and
WHEREAS, the Project would operate for 24 hours a day, seven days a week on a parking lot at the Santa Teresa Light Rail Station, which would be leased from the Santa Clara Valley Transportation Authority (“VTA”) for a period of 48 months and may be extended if the need persists and the VTA is agreeable to an extension; and
WHEREAS, the Project would be temporary, and all structures brought in for the Project would be portable and removed when the lease period ends , and would operate in accordance with the Conduct of use mandated by Section 20.80.1675 of the Municipal Code; and
WHEREAS, implementation of the Project would not result in new significant effects on the environment, nor will the Project result in an increase in the severity of effects identified in the Negative Declaration; and
WHEREAS, the City Council has reviewed and considered the Negative Declaration and the Addendum and intends to take action on the Project in compliance with CEQA; and
WHEREAS, the Negative Declaration and the Addendum for the Project are on file in the Office of the Director of Planning, Building and Code Enforcem ent, located at 200 East Santa Clara Street, 3rd Floor Tower, San José California, 95113, and are available for NVF:DHZ:JMD
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inspection by any interested person at that location and on the Department of Planning, Building and Code Enforcement website (www.sanjoseca.gov/Planning);
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
1. The foregoing recitals, the Negative Declaration, and the Addendum thereto are hereby incorporated by reference as if fully set forth in the body of this Resolution.
2. The City Council hereby makes the following findings: (1) it has independently reviewed and analyzed the Negative Declaration, as modified by the Addendum, as well as other information in the record and has considered the information contained therein, prior to acting upon or approving the Project; (2) the Addendum has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA; and (3) the Addendum represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.
3. The City Council hereby finds that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Addendum prepared for the Project (Planning File No. ER22- 220). The Negative Declaration and the Addendum are: (a) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and on the Department of Planning, NVF:DHZ:JMD
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Building and Code Enforcement’s website, and (b) available for inspection by any interested person.
ADOPTED this ______day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
SAM LICCARDO
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk