(a) Resolution — San Jose City Council, November 29, 2022

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RESOLUTION NO._______

A RESOLUTION OF THE COUNCIL OF THE CITY OF

SAN JOSE CERTIFYING THE SUZACO MIXED USE

PROJECT SUPPLEMENTAL EN VIRONMENTAL IMPACT

REPORT AND MAKING CERTAIN FINDINGS CONCERNING

SIGNIFICANT IMPACTS, MITIGATION MEASURES AND

ALTERNATIVES, AND ADOPTING A STATEMENT OF

OVERRIDING CONSIDERATIONS AND A MITIGATION

MONITORING AND REPORTING PROGRAM, ALL IN

ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT

WHEREAS, the City of San José (“City”), acting as lead agency under the California Environmental Quality Act (“CEQA”), prepared and circulated an Environmental Impact Report for the Downtown Strategy 2040 (“Downtown Strategy 2040 EIR”) to update and replace the Downtown Strategy 2000 En vironmental Impact Report and analyze the environmental impacts of increased down town development capacity under the Downtown Strategy Plan 2040 and Envision San José 2040 General Plan; and

WHEREAS, on December 18, 2018, in connecti on with the adoption of the Downtown Strategy 2040 Plan (Planning File No. PP15-102), the City Council certified the Downtown Strategy 2040 EIR and adopted a mitigation monitoring and reporting program pursuant to CEQA; and

WHEREAS, the City has now prepared and circul ated a Supplemental Environmental Impact Report (“SEIR”) to analyze the environmental impacts of a Historic Preservation Permit, Site Development Permit, and Lot Li ne Adjustment (H21-026/ER21-085) for the SuZaCo Mixed-Use Project under the Downtown Strategy 2040 EIR, which includes the demolition of three existing two- story office buildings, and c onstruction of a four- to six- story mixed-use, U-shaped building while re taining the historic façades of the NF:DHZ:JMD
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City Landmark building (142-150 East Santa Clara Street) at t he corner of East Santa Clara and South Fourth Streets in the City of San José, (the “Project”); and

WHEREAS, the Project was evaluated and analyzed under the Downtown Strategy 2040 EIR, and it was determined a supplemental environmental report to the Downtown Strategy 2040 EIR was required as further explained in the in itial study and Final SEIR, as defined below, for the Project; and

WHEREAS, a First Amendment to the Draft SEIR was prepared to include responses to comments received during the public comment per iod and to make any technical or text changes to the Draft SEIR; and

WHEREAS, the First Amendment and the Draft SEIR together comprise the Final SEIR for the Project (collectively, “Final SEIR”); and

WHEREAS, the Final SEIR concluded t hat implementation of the Project could result in certain significant effects on the environm ent and identified mitigation measures that would reduce some but not all of those significant impacts to a less-than-significant level; and

WHEREAS, on October 26, 2022, the Planning Commission of the City of San José reviewed the Final SEIR and recommended t he City Council find the Final SEIR was completed in accordance with the requirement s of CEQA and further recommended the City Council adopt a resolution certifying the Final SEIR; and

WHEREAS, as required under CEQA, a program to monitor and report on the implementation of measures to mitigate or avoid significant effects on the environment has been prepared for the Projec t (the “Mitigation Monitoring and Reporting Program”); and
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WHEREAS, 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 is required under CEQA to make certain findings regardi ng those effects and adopt a mitigation or monitoring program and overridi ng 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 JOSE:

1. The foregoing recitals, the Downtown Strategy 2040 EIR, and the Final SEIR are incorporated herein as if set forth in the body of this Resolution.

2. The City Council finds and certifies the Final SEIR has been prepared and completed in compliance with CEQA.

3. The Final SEIR was pres ented to the City Council, the City Council reviewed and considered the information contained ther ein prior to approving the Project, and, as lead agency for the Project, the City Co uncil finds the Final SEIR reflects the independent judgment and analysi s of the City of San Jo sé and designates the Director of Planning, Building and Code Enforcement at 200 East Santa Clara Street, 3rd Floor To wer, San José, California 95113 as the custodian of records on which the decision of the City is based.

4. The City Council recognizes the Final SE IR contains additions, clarifications, modifications, and other information in response to comments on the Draft SEIR or obtained after the Draft SEIR was issued and circulated for public review and hereby finds such changes and additional in formation would not result in: (i) any new significant environmental impact or su bstantially more severe environmental impact not already disclosed and evaluated in the Draft SEIR, (ii) any feasible mitigation measure considerab ly different from those analyzed in the Draft SEIR that would lessen a significant environmen tal impact of the Project, or (iii) any feasible alternative considerably differ ent from those analyz ed in the Draft SEIR that would lessen a significant environmental impact of the Project.

5. The City Council finds and determines that recirculation of this Final SEIR for further public review and comment is not warranted or required under CEQA.

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6. The City Council makes the following findi ngs with respect to potentially significant environmental impacts, as identified in the Final SEIR, with the understanding that all the information in this Resolution is intended as a summary of the full administrative record supporting the Final SEIR.

SUZACO MIXED USE PROJECT

SIGNIFICANT ENVIRONMENTAL IMPACTS

Air Quality

Impact: Impact AIR-1: Construction activities associated with the proposed project would expose the project maximum expo sed individuals (MEIs) to cancer risk and PM 2.5 emissions in excess of Bay Area Air Quality Management District (BAAQMD) significance threshol ds of 10 cases per one million for cancer risk and 0.3 μg/m3 for PM2.5, respectively.

Mitigation: MM AIR-1.1: Prior to the issuance of any demolition, grading and/or building permits (whichever occurs first), the project applicant shall prepare and submit a construction operations plan t hat includes specifications of the equipment to be used during construction to the Director of the City of San José Department of Pl anning, Building and Code Enforcement (PBCE) or the Director’s designee for review and approval. The plan shall be accompanied by a letter signed by an air quality specialist, verifying that the equipment included in the plan meets the standards set forth below.  For all construction equipment lar ger than 25 horsepower used at the site for more than two continuous days or 20 hours total, use equipment that meet U.S. Environmental Protection Agency (EPA) Tier 4 emission standards for particulate matter (PM10 and PM2.5).
 If Tier 4 equipment is not available, all construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall meet U.S. EPA emission standards for Tier 3 engines and include particulate matte r emissions control equivalent to California Air Resources Board (C ARB) Level 3 verifiable diesel emission control devices that altogether achieve a 93 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment.  Use of alternatively fueled or electric-powered equipment.  Provide line power to t he site during the early phases of construction to minimize the use of diesel- powered stationary equipment (e.g., stationary cranes and air compressors).

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 Limit generator use where feasible.
 Alternatively, the project applicant could develop a plan that reduces on- and near-site construction diesel particulate matter emissions by a minimum of 93 percent or greater. The plan shall be accompanied by a letter signed by an air quality specialist and shall be submitted for review and approval by the Director of the City of San José PBCE or Director’s designee prior to the issuance of any demolition, grading, or building permits (whichever occurs first).

Finding: With implementation of the requir ed Standard Permit Conditions for dust and Mitigation Measure AIR- 1.1, the project’s construction cancer risk would be reduced to 9.30 chances per one million and the annual PM 2.5 concentration would be reduced to 0.25 μ/m3 which would not exceed BAAQMD significance threshold for cancer risk and annual PM 2.5 concentration. The HI woul d be 0.01 (with mitigation). [Same Impact as Approved Project (Less than Significant Im pact with Mitigation Incorporated)]

Facts in Support of Finding: Construction equipment and associated heavy-duty truck traffic that generate diesel exhaust, which is a known Toxic Air Contaminant (TAC), pose a health risk to nearby re ceptors. For the purposes of this analysis, receptors include locations where sensitive populations would be present for extended periods of ti me, including all existing childcare facilities, pre-schools, schools, and residences surrounding the project site.

A community risk assessment of the pr oject construction activities was completed for the proposed project. The assessment evaluated potential health effects for nearby receptors (within 1,000 feet of the project site) from construction emissions of DPM and PM2.5.

The CalEEMod model was used to determine total annual DPM and PM2.5 dust emissions for the offroad construction equipment and on-road vehicles that would be used during project constr uction. Additionally, the U.S. EPA AERMOD dispersion model was used to predict construction-related DPM and PM2.5 concentrations at existing receptors in the vicinity of the project.

The off-site truck and passenger vehi cle emission rates were calculated using the EMFAC2021 model.

As discussed in Section 3.1.2.2, the air qualit y modeling of project construction found that im plementation of Mitigation Measure AIR-1.1 and standard permit conditions reduce the proj ect’s construction infant cancer risk from 131.54 to 9.30 chances per one million and the annual PM

2.5 concentration would be reduced from 1.64 to 0.25 μ/m3, which would not exceed BAAQMD significance threshold for cancer risk and annual PM 2.5 concentration. The HI would be 0.01 (with mitigation). Therefore, the project NF:DHZ:JMD
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would have a less than significant off- site community risk impact from construction.

Biological Resources

Impact: Impact BIO-1: Tree removal associated with construction of the proposed project could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment, wh ich would constitute a significant impact under the Migratory Bird Tr eaty Act (MBTA) and California Department of Fish and Wildlife (CDFW) Code Sections 3503, 3503.5, and 3800.

Mitigation: MM BIO-1.1: Nesting Raptors and Migratory Birds: The project will be required to implement the following measures:

 Tree removal and construction sha ll be scheduled 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.
 If tree removals and construction c annot be scheduled outside of nesting season, a qualified ornithologist shall complete pre-construction surveys to identify active raptor nests t hat may be disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of demolition/construction activities during the early part of the breeding season (February 1st through April 30th, inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st, inclusive), unless a shorter preconstr uction survey is determined to be appropriate based on the presence of a species with a shorter nesting period, such as Yellow Warblers. During this survey, the qualified ornithologist will inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. If an active nest is found in an area that will be disturbed by construction, the qualified ornithologist will designate a construction-free buffer zone (typically 250 feet) to be establis hed around the nest. The buffer would ensure that raptor or migratory bird nests will not be disturbed during project construction.

Prior to any tree removal, or iss uance of any grading or demolition permits, whichever occurs first, the project applicant shall submit the report including the results of t he survey and any designated buffer zones to the Director of the City of San José Department of Planning, NF:DHZ:JMD
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Building and Code Enforcement (PBC E) or Director’s designee for review and approval.

Finding: With implementation of Mitigation M easure BIO-1.1, the project’s impact to nesting birds and raptors would be less than significant. [Same Impact as Approved Project (Less than Significant Im pact with Mitigation Incorporated)]

Facts in Support of Finding: Migratory birds, like nesting raptors, are protected under the Migratory Bird Treaty Act and California Department of Fish and Wildlife (CDFW) Code Sections 3503, 3503. 5, and 3800. The CDFW defines “taking” as causing abandonment and/or loss of reproductive efforts through disturbance. Any loss of fertile effs, nesting raptors, or any activities resulting in nest abandonment would consti tute a significant impact. With implementation of Mitigation Measures BIO-1.1, tree removal would be scheduled to avoid the nesting season or, pre-construction surveys would be completed, and a report indicating the results of the survey and any designated buffer zones would be subm itted to the Director or Director’s designee prior to any tree removal, or approval of any grading or demolition permits (whichever occur first) to r educe impacts to nesting birds to a less than significant level.

Cultural Resources

Impact: Impact CUL-2: Construction activities on-site could impact previously undocumented historic-era and Native American archaeological resources, as the site is documented as being hi ghly sensitive for historic-era archaeological resources and low to moderately sensitive for Native American archaeological resources.

Mitigation: MM CUL-2.1:

Monitoring. A qualified archaeologist, in collaboration with a Native American monitor, registered with the NAHC for the City of San José and that is traditionally and culturally affiliated with the geographic area as described in Public Resources C ode Section 21080.3 shall be present during ground-disturbing activities such as, but not limited to, trenching, initial or full grading, boring on site, or major landscaping. The project applicant shall notify the Director of th e City of San José Department of Planning, Building, and Code Enforcem ent (PBCE) or Director’s designee of any finds during monitoring.

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MM CUL-2.2: Evaluation. Any historic-e ra or Native American archaeological resources identified during monitoring required by MM CUL-

2.1 shall be evaluated for eligibility fo r listing in the California Register of Historic Resources as determined by the California Office of Historic Preservation. Data recovery methods may include, but are not limited to, backhoe trenching, shovel test units, hand augering, and hand-excavation.

The techniques used for data recovery and treatment shall be determined by the project archaeologist in coll aboration with a Native American representative registered with the NAHC 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. Data recovery shall include excavation and exposure of features, field documentation, and recordation.

All documentation and recordation sha ll be submitted to the Northwest Information Center and NAHC Sacr ed Land File (as applicable), and/or equivalent prior to the issuance of an occupancy permit. A copy of the evaluation and plan for disposition and treatment of historic-era and Native American archaeological resources shall be submitted to the Director of the City of San José PBCE or Director’s designee.

Finding: Implementation of the identified Mitigation Measures CUL-2.1 and CUL-2.2 would result in a less than significant impact to subsurface archaeological resources. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)]

Facts in Support of Finding: Native American and historic artifacts have been found throughout the downtown area, particularly near the Guadalupe River. The project site is located approximately 0.6-mile east of Guadalupe River, and therefore the project site has moder ate potential for buried prehistoric Native American resources and historic resources. As part of the project, the site will be excavated to allow one level of below-grade retail.

As a result, project ground disturbing activities could impact previously unrecorded archaeological resources. Implementing Mitigation Measures MM CUL-2.1 and MM CUL-2.2, which in cludes monitoring and evaluation of any resources identified during pr oject construction, would reduce any potential impacts associated with pr oject construction to a less than significant level.

Hazardous Materials

Impact: Impact HAZ-1: Construction activities associated with the proposed project could expose construction workers, the public, neighboring properties and the environment to hazardous materials in the form of im pacted soil, soil vapor, and/or groundwater contaminat ion above Regional Water Quality NF:DHZ:JMD
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Control Board (RWQCB) environmental screening levels, due to historical use of the site. Fuel oil used for t he boiler that was present on-site could have been stored on-site in above- ground and/or below -ground storage tanks, and the former laundry, aut o repair, cleaning and drying, dry cleaning, and printing businesses on- site could have used and/or stored petroleum-based solvents, organic so lvents, dry cleaning solvents, and/or volatile organic compounds.

Mitigation: MM HAZ-1.1:

Prior to the issuance of any demolition or grading permits, the project applicant shall retain a qualif ied environmental professional to conduct a Phase II soil, soil vapor and/ or groundwater investigation to determine if the soil, soil vapor, and groundwater from former uses of the site have resulted in contaminati on concentrations above established Regional Water Quality Control Board (RWQCB) Environmental Screening Levels (ESLs). If the Phase II result s indicate soil, soil vapor and/or groundwater contamination above ESLs, the project applicant shall enter into a regulatory oversight agr eement with the Sa nta Clara County Department of Environment Health (SCCDEH), RWQCB, or Department of Toxic Substances Control (DTSC). The project applicant shall meet with the regulatory oversight agency and perfo rm additional soil, soil gas and/or groundwater sampling and testing, as r equired, to adequately define the known and suspected contamination. A Site Management Plan (SMP), Corrective Action Plan (CAP), Remedi al Action Plan (RAP), or other equivalent plan shall be prepared and submitted to the regulatory oversight agency for their approval. The plan shal l include a Health & Safety Plan (HASP) and shall establish remedial measures and/or soil management practices to ensure construction work er safety and the health of future workers and visitors. The plan and evidence of regulatory oversight shall be provided to the Director of the City of San José D epartment of Planning, Building and Code Enforcement (PBCE), and the Environmental Compliance Officer in the City of S an José’s Environmental Services Department for review.

Finding: Implementation of the identified mitigation measure would reduce exposure of construction workers or nearby land uses to any contamination sources, resulting in a less than significant impact. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)]

Facts in Support of Finding: As discussed in Section 3.4.1.4 of the DSEIR, fuel oil used for a boiler that was present on-site could have been stored on- site in an above ground storage tank (AST) or underground storage tank (UST), and the former laundry, auto repair, cleani ng and drying, dry cleaning, and printing businesses on-site could have used and/or stored petroleum-based NF:DHZ:JMD
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solvents, organic solvents, dry cleaning solvents, and/or volatile organic compounds (VOCs). Spills or leaks from these hazardous materials could impact the soil, soil vapor, and/or groundwater quality of the site.

Mitigation Measure HAZ-1.1 requires co mpletion of a Phase II subsurface investigation and implementation of a site management plan to determine if the soil, soil vapor, and groundwater fr om former uses of the site have resulted in contamination concentrations above established Regional Water Quality Control Board (RWQCB) Envi ronmental Screening Levels (ESLs), and obtaining regulatory over sight for the project fr om either the Regional Water Quality Control Boar d, Department of Toxic S ubstances Control, or the Santa Clara County Department of Environmental Health, and preparation of and compliance with a site management plan, removal action plan or equivalent document would reduce potential impacts to construction workers to a less than significant level.

Noise and Vibration

Impact: Impact NOI-1: Mechanical equipment for the pr oject has the potential to exceed the 55 dBA DNL threshold defined in General Plan Policy EC-1.3 by 11 to 19 dBA DNL (depending on noise control features) at adjacent noise-sensitive residential land uses

Mitigation: MM NOI-1.1: A detailed acoustical study sh all be prepared by a qualified acoustical engineer prior to the issuance of any building permits to evaluate the potential noise generated by bui lding mechanical equipment and demonstrate the necessary noise control to comply with the City’s threshold of 55 dBA DNL at property lines shared with noise-sensitive residential land uses, as defined in General Plan Policy EC-1.3. Noise control features such as acoustical enclosures and barriers shall be identified and evaluated to demonstrate that mechanical equipment noise would not exceed 55 dBA DNL threshold. The acoustical st udy and recommended measures to demonstrate compliance with General Plan Policy EC-1.3 shall be submitted to the Director of the City of San José Department of Planning, Building and Code Enforc ement (PBCE) or Directo r’s designee for review and approval prior to issuance of any building permits.

Finding: Implementation of Mitigat ion Measure NOI-1.1 would result in a less than significant impact from the increase in ambient noise levels in the project area due to operation of mec hanical equipment on-site. (Less than Significant Impact with Mitigation)

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Facts in Support of Finding: Specifications for mechanical equipment are not known at this time and will not be known until plans for the building permit application are prepared. Noise levels from me chanical equipment could exceed the City’s 55 dBA DNL threshold at the property lines of future noise-sensitive receptors adjacent to the southern boundar y of the project site. To comply with MM NOI-1.1, the applicant would be required to submit a detailed acoustical study prepared by a qualif ied acoustical engineer that demonstrates the mechanical equipment and related noise attenuation measures would reduce noise below the City’s threshold of 55 dBA DNL at property lines shared with noise sensit ive land uses. The acoustical study will be reviewed and approved by t he Director of PBC E or Director’s designee prior to the issuance of any grading or demolition permits.

Implementation of Mitigation Measure NOI-1.1 would reduce noise impacts to a less than significant level.

Impact: Impact NOI-2: Construction noise would exceed the City thresholds defined in General Plan Policies EC-1 .2 and EC-1.7 of an increase in ambient noise levels by five dBA or more for a period of more than one year.

Mitigation: MM NOI-2.1: Prior to the issuance of any grading or demolition permits, the project applicant shall submit and implement a cons truction noise logistics plan that specifies hours of constructi on, 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 during construction to reduce noise impacts on neighboring residents and other noise-sensitive uses. The noise logistic plan shall be submitted to the Director of the City of San José Department of Planning, Building and Code Enforcement (PBCE) or Director’s designee prior to the i ssuance of any grading or demolition permits.

Consistent with the Downtown Strategy 2040 FEIR, the construction noise logistics plan shall include but is not limited to the following measures:

 Construction will be limited to t he hours between 7:00 AM and 7:00 PM, 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 pe rmit based on a site-specific “construction noise mitigation plan” and a finding by the Director of the City of San José PBCE that the c onstruction noise mitigation plan is adequate to prevent noise disturbance of affected residential uses.

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 The project contractor shall use “new technology” power construction equipment with state-of-the-art noise shielding and muffling devices. All internal combustion engines used on the project site shall be equipped with adequate mufflers and shall be in good mechanical condition to minimize noise created by faulty or poorly maintained engines or other components.
 The unnecessary idling of inter nal combustion engines shall be prohibited.
 Staging areas and stationary noi se-generating equipment shall be located as far as possible from noise-sensitive receptors such as residential uses (a minimum of 200 feet, where feasible).  The surrounding neighborhood within 500 fe et shall be notified early and frequently of the construction activities.
 A “noise disturbance coordinator” shall be designated to respond to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaints (e.g., beginning work too early, bad muffler, etc.) and institute reasonable measures warranted to correct the problem . A telephone number for the disturbance coordinator would be conspicuously posted at the construction site.

Finding: With implementation of Mitigation Measure NOI-2.1 t he proposed project would have a less than significant construction noise impact. [Less Impact than Approved Project (Significant Unavoidable Impact)]

Facts in Support of Finding: Table 3.6-2 of the SEIR identified that project-generated construction noise would result in a temporary five dBA increase in ambient noise levels at nearby land uses and the project would occur within 500 feet of existing residences and within 200 feet of existing commercial uses for a period of more than 12 months. Based on the analysis of construction noise in the Noise and Vibration Assessment prepared for the project (Appendix G of the DSEIR), with implementation of the noise reduction measures in Mitigation Measure NOI-2.1, the project-generated construction noise would be reduced to a less than significant level.

Impact: Impact NOI-3: Construction vibration leve ls would exceed the City’s threshold of 0.08 in/sec PPV threshold for historic buildings within 60 feet and the 0.2 in/sec PPV threshold for c onventional construction buildings within 25 feet of the project site, as provided in General Plan Policy EC-2.3.

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Mitigation: MM NOI-3.1: Prior to the issuance of any demolition, grading, or building permits, whichever occurs earliest, t he project applicant shall implement a Construction Vibration Monitoring Plan (Plan) to document conditions prior to, during, and after vibration generat ing construction activities. All Plan tasks shall be undertaken under the dire ction of a licensed Professional Structural Engineer in the State of California and be in accordance with industry-accepted standard methods. T he Plan shall be submitted to the Director of the City of San José Department of Planning, Building and Code Enforcement (PBCE) or the Directo r’s designee and the City’s Historic Preservation Officer (HPO) for review and approval prior to issuance of any demolition, grading, or building permit, whichever occurs earliest. The Plan shall include, but not be limited to, the following measures:

 A description of measurement me thods, equipment used, calibration certificates, and graphics as requir ed to clearly identify vibration monitoring locations.
 A list of all heavy construction equipment to be used for this project known to produce high vibration levels (e.g., clam shovel drops, vibratory rollers, hoe rams, large bu lldozers, caisson drillings, loaded trucks, jackhammers, etc.) and the di stance from adjacent structures (both sensitive historic and building of conventional c onstruction, as applicable) to which the equipment is expected to operate shall be submitted to the Director of the City of San José PBCE or the Director’s designee by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for r educing vibration levels below the thresholds.
 Based on review of the Plan, dem olition, earth-moving, and ground impacting operations may be required to be phased so as not to occur during the same time period to reduce vibration levels to levels that would minimize potential vibration impacts to adjacent buildings.  Use of heavy vibration-generating construction equipment shall be prohibited within 60 feet of any adjacent building (where possible).  Document conditions at all historic structures located within 60 feet of construction and at all other buildings located within 25 feet prior to, during, and after vibration generating construction activities. All Plan tasks shall be undertaken under the direction of a licensed Professional Structural Engineer in the State of California and be in accordance with industry-accepted standard methods. Specifically:

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o Vibration limits shall be applied to vibration-sensitive structures located within 60 feet of any construction activities identified as sources of vibration levels that could damage surrounding buildings. o Performance of a photo survey, elevation survey, and crack monitoring survey for each histor ic structure within 60 feet of construction activities and all other buildings within 25 feet of construction activities. Surveys shall be performed prior to any construction activity, in regular intervals during construction, and after project completion. The surveys shall include internal and external crack monitoring in the st ructure, settlement, and distress, and shall document the condition of the foundation, walls and other structural elements in the interior and exterior of the structure.  Develop a vibration monitoring and construction contingency plan to identify structures where monitori ng would be conducted, set up a vibration monitoring schedule, define st ructure-specific vibration limits, and address the need to conduct photo, elevation, and crack surveys to document before and after constr uction conditions. Construction contingencies shall be identified for when vibration levels approach the limits.
 At a minimum, vibration monitori ng shall be conducted during demolition and excavation activities and during other construction phases, as necessary to reduce vibration limits to acceptable levels to protect the surrounding buildings.
 If vibration levels approach limits ident ified in the Plan, construction shall be suspended, and contingency meas ures shall be implemented to lower vibration or secure affected structures.
 Designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearly posted on the construction site.
 Conduct a survey on the structur e after vibration-generating construction activities where either monitoring has indicated high levels or there have been complaints of dam age. Make appropriate repairs in accordance with the Secretary of the Interior’s Standards where damage has occurred as a result of construc tion activities. The survey shall be submitted to the Director of the Cit y of San José PBCE, or Director’s designee, and the City’s HPO.

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measures and procedures to protect nearby historic resources from direct or indirect impacts during construction activities (i.e., due to damage from operation of construction equipment, staging, and material storage).

The HRRP shall be prepared by a qualified Historic Architect and reviewed and approved by the HPO or equivalent of the City of San José PBCE prior the issuance of any demo lition, grading, or building permits, whichever occurs earliest. The project applicant shall ensure the construction contractor follows the HRR P while working near these historic resources.

At a minimum, the plan shall include:
 Guidelines for operation of construc tion equipment adjacent to historical resources;
 Means and methods to reduce vibrat ions levels from excavation and construction;
 Requirements for monitoring and documenting compliance with the HRRP; and
 Education/training of construction workers about the significance of the adjacent historical resources.

MM NOI-3.3: The Historic Architect shall establish a “Monitoring Team” comprised of at least one qualified Hi storic Architect and one structural engineer for the duration of the site monitoring process. The Monitoring Team shall monitor the adjacent histor ical resources and any changes to existing conditions shall be reported, including, but not limited to, expansion of cracks, new spalls, or other exterior deterioration during construction phase and any changes to the existing conditions shall be reported. In addition, the Monitoring Team shall prepare a site visit report documenting all site visits. The Monitoring Team s hall submit the site visit reports and documents to the City’s Historic Preservation Officer no later than one week after each reporting period (or as defined by the HRRP). The City’s Historic Preservation Officer shall determine the frequency of the reporting period.

The structural engineer shall consul t with the Historic Architect if any problems related to the character-defining features of the historic resources occur. The Director of the City of San José PBCE or the Director’s designee and the City’s HPO may request any additional number of site visits at their discretion.

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Director of the City of San José PBCE or the Dir ector’s designee, and the HPO of the potential impacts immediately. The project applicant shall implement the Monitoring Team’s recommendations for corrective measures, including halting constructi on in situations where construction activities would cause immediate damage to historic resources. In the event of damage to a nearby hist oric resource during c onstruction, the project applicant shall ensure that repair work is performed in compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and shall restore the character-defining features in a manner that does not affect the structure’s hi storic status. The Monito ring Report shall also include, but is not limited to, the following:

 Summary of the construction progress;
 Identification of subst antial adverse impacts related to construction activities;
 Problems and potential impacts to t he historical resources during construction activities;
 Recommendations to avoid any potential impacts;
 Actions taken by the project applicant in response to the problem;  Progress and the level of success in meeting the applicable Secretary of the Interior’s Standards for the Treatment of Historic Properties for the project as noted above for the char acter-defining features, and in preserving the character-defining features of nearby historic properties; and
 Inclusion of photographs to ex plain and illustrate progress.  In addition, the Monitoring Team shall submit a final document associated with monitoring and r epairs after completion of the construction activities to the Directo r of the City of San José PBCE or the Director’s designee and the HPO of the City of San José PBCE prior to the issuance of any Certificate of Occupancy (temporary or final).

Finding: With implementation of Mitigation Measure NOI-3.1 through NOI-3.3 the proposed project would have a less than significant construction vibration impact on historic buildin gs and buildings of conventional construction. [Same Impact as Approved Project (Less than Significant Impact with Mitigation)]

Facts in Support of Finding : The City of San José relies on guidance developed by Caltrans to address vibration impacts from development projects in San NF:DHZ:JMD
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José, which was used to draft General Plan Policy EC-2.3. According to this Policy, a vibration limit of 0.2 inc hes/sec PPV has been used for buildings that are found to be stru cturally sound but where structural damage is a major concern. For historic buildings or buildings that are documented to be structurally weakened, a limit of 0.08 inches/sec PPV is used to provide the highest level of protection.

The project site is located within the San José Commercial District. The buildings adjoining the project site to the west (e.g., 136 East Santa Clara Street, 126 East Santa Clara Street, 118 East Santa Clara Street, and 100 East Santa Clara Street) are contributor s to the district. Additionally, the building located north of the site at 105 East Santa Clara Street is also a historic resource. The construction vibration impacts to these buildings were evaluated against the limit of 0.08 inches/sec PPV in General Plan Policy EC-2.3. All other buildings surrounding the site are buildings of conventional construction and would be subject to the 0.2 in/sec PPV threshold in General Plan Policy EC-2.3.

Table 3.6-4 of the SEIR identified project-generated vibration would exceed the 0.08 in/sec PPV threshold for historic buildings located within 60 feet of the site, and the 0.2 in/sec PPV threshold for buildings of conventional construction within 25 feet of the si te. With implementat ion of Mitigation Measure NOI-3.1 through N OI-3.3, including restrictions on the use of vibration generating construction equi pment, vibration monitoring, and structural surveys, impacts from the project-generated construction vibration on adjacent structures would be reduced to a less than significant level.

Tribal Cultural Resources

Impact: Impact TCR-1: Based on Assembly Bill (AB) 52 Consultation with Tamien Nation and the City of San José, the pr oject area is highly sensitive for previously undocumented tribal cultur al resources due to proximity to a Native American village site.

Mitigation: MM TCR-1.1: Tribal Cultural Awareness Training. Prior to issuance of any demolition or grading permit, whichever occurs first, the project applicant shall be required to submit evidence that a Cultural Awareness Training will be provided to construction personnel prior to ground disturbance. The training shall be facilitated by a qualified archaeologist in collaboration with a Native American representative regi stered with the Native American Heritage Commission (NA HC) for the City of S an José and that is NF:DHZ:JMD
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traditionally and culturally affiliated with the geograph ic area as described in Public Resources Code Section 21080.3.

Finding: Implementation of Mitigation Measur e TCR-1.1 would reduce project impacts to undocumented tribal cultural resources to a less than significant level. (Less than Significant Impact with Mitigation)

Facts in Support of Finding: The project site is locat ed 0.6 miles west of Guadalupe River, an area identified as highly sensitive for prehistoric and archaeological deposits including tribal cultural objects, thus project construction could result in impacts to unknown resources and tribal cultural objects. Implementation of Mitigation Measure TCR-1.1 would reduce tribal cultural resources impacts to a less than significant level.

SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS

Cultural Resources

Impact: Impact CUL-1: The Project would demolish the majority of a City Landmark building located at 142-150 East Santa Clara Street.

Mitigation: MM CUL-1.1: Documentation: The portions of t he building that are proposed for demolition located at 142-150 East Santa Clara Street and the building at 130-134 East Santa Clara Street shall be documented in accordance with the guidelines estab lished for the Historic American Building Survey (HABS) and shall consist of the following components:

1. Drawings – Prepare sketch floor plans.

2. Photographs – Digit al photographic documentation of the interior, exterior, and setting of the buildi ngs in compliance with the National Register Photo Policy Fact Shee t. Photos must have a permanency rating of approximately 75 years.

3. Written Data – HABS writt en documentation in short form.

An architectural historian meeting the Secretary of the Interior’s Professional Qualification Standards shall overs ee the preparation of the sketch plans, photographs and written data.

The City of San José’s Historic Preservation Officer shall review the documentation, and then the applicant shall file the documentation with the NF:DHZ:JMD
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San José Library’s California Room and the Northwest Information Center at Sonoma State University, the repos itory for the Calif ornia Historical Resources Information System prior to the issuance of any demolition permits. All documentation shall be submitted on archival paper.

Relocation by a Third Party: The building at 130-134 East Santa Clara Street and the portions of the building that are pr oposed for demolition at 142-150 East Santa Clara Street shall be advertised for relocation by a third party. The project applicant shall be required to advertise the availability of the buildings for a period of no less than 30 days. The advertisements must include a newspaper of general circul ation, a website, and notice on the project site. The project applicant shall provide evidence (i.e., receipts, date and time stamped photographs, etc.) to t he 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.

If a third party does agree to reloca te the building at 130-134 East Santa Clara Street and the portions of the building proposed for demolition at 142- 150 East Santa Clara Street, the following measures shall be completed:

1. The City’s Director of Planning, Bu ilding 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(s).

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

Documentation already completed s hall be used to the extent possible to avoid repetition in work.

3. To protect the building(s) during re location, the third party shall engage a building mover who has experience moving similar historic structures.

A structural engineer shall also be engaged to determine if the building(s) need to be reinforced/stabilized before the move.

4. Once moved, the build ing(s) 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 NF:DHZ:JMD
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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 qualif ied architectural historian shall document and confirm that renovations of the structure(s) were completed in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and that all characte r-defining features were preserved. The proj ect applicant shall submit a report to the City’s Historic Preservation Officer documenting the relocation.

Salvage: If no third party relocates the building at 130-134 East Santa Clara Street or the portions of the building at 142-150 Ea st Santa Clara Street proposed for demolition, the building(s) shall be made available for salvage- to-salvage companies facilitating the r euse of historic building materials.

The time frame available for salvage shall be established by the Director of Planning, Building and Code Enforcem ent or the Director’s designee, together with the City’s Historic Preservation Officer.

The project applicant must provide evid ence to the Director of Planning, Building and Code Enforcement or t he Director’s designee, that this condition has been met prior to the issuance of demolition or grading permits, whichever comes first.

MM CUL-1.2: A qualified historian shall cr eate a permanent interpretive program, exhibit, or display of the hist ory of the property including, but not limited to, historic and current condi tion photographs, interpretive text, drawings, video, interactive media, or or al histories. Any exhibit or display shall be placed in a suitable publicly accessible location on the project site.

The final design of the commemorative interpretive program, exhibit, or display shall be determined in coordination with the City’s Historic Preservation Officer.

Finding: With implementation of the identified mitigation measures, the proposed project would continue to have a si gnificant unavoidable impact to the City Landmark building listed in the City’s Historic Resources Inventory. [New Significant Unavoidable Impact with Mitigation Incorporated (Less than Significant Impact)]

Facts in Support of Finding : The Project would demolish the City Landmark’s interior, roof, and west and south walls, which would result in the loss of the historic resource as a building and loss of its significance and elig ibility as a City Landmark. With implementation of Mitigation M easure CUL-1.1 and CUL-

1.2, impacts to resources listed on the City’s Historic Resources Inventory NF:DHZ:JMD
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would be reduced, however, not to a less than significant level. As a result, the Project would have a significant unavoidable impact.

Impact: Impact LU-1: The Project would conflict with General Plan Policies LU-

13.2, LU-13.6, LU-13.7, and LU-13.8 and is partia lly consistent with the 2003 Historic District Guidelines and Se cretary of the Interior’s Standards for Rehabilitation.

Mitigation: See MM CUL-1.1 and 1.2.

Finding: As discussed in Section 3.3 of the Draft SEIR, the Project would conflict with the City of San José’s goals and policies for historic preservation and is only partially consistent with the principles and guidelines for rehabilitation and adaptive reuse with respect to the City Landmark at 142-150 East Santa Clara Street. The project woul d conflict with General Plan Policies LU-13.2, LU-13.6, LU-13.7, and LU-13.8 and is partially consistent with the 2003 Historic District Guidelines and Se cretary of the Interior’s Standards for Rehabilitation. As a re sult, the Project would c onflict with existing land use policies and regulations adopted for the purpose of avoiding or mitigating an environmental effect.

Facts in Support of Finding: The Project would demolish the City Landmark’s interior, roof, and west and south walls, which would result in the loss of the historic resource as a building and loss of its significance and elig ibility as a City Landmark. With implementation of Mitigation M easure CUL-1.1 and CUL-

1.2, impacts to resources listed on the City’s Historic Resources Inventory would be reduced, however, not to a less than significant level. As a result, the Project would have a significant unavoidable impact.

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 alte rnatives 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 alternatives analyzed in the Draft SEIR 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. Four alternatives were explored, including a Location Alternative and Preserva tion Alternative 1 that were determined to NF:DHZ:JMD
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be infeasible and subsequently rejected. The fo llowing are evaluated as alternatives to the proposed Project:

1. No Project – No Development Alternative

2. Preservation Alternative 2: Complete Retention of the City Landmark Building at 142-150 East Santa Clara Street

1. No Project – No Development Alternative

A. Description of Alternative: The No Project – No Development Alternative would retain the existing buildings as is. If the project site were to remain as is, there would be no new impacts.

B. Comparison of Environmental Impacts: The No Project – No Development Alternative would avoid all of the project’s environmental impacts.

C. Finding: The No Project – No Development Alternative would avoid the Project’s significant unavoidable cultural resour ces impacts as well as the project’s significant but mitigable impacts from c onstruction activities associated with the Project. The No Project – No Development Alternative would not meet any of the proposed Project’s specific objectives
because it would not meet any of the City’s
strategies and goals of the Downtown Strategy 2040 by redeveloping the site with a high-density mixed-use building.

2. Preservation Alternative 2:

Complete Retention of the City Landmark Building at
142-150 East Santa Clara Street

A. Description of Alternative: Under the Preservation Alte rnative 2, the entirety of the City Landmark building at 142-150 East Santa Clara Street would be retained on-site and the remainder of the site would be redeveloped. This alternative would avoid the significant unavoidable impact to the City Landmark building.

B. Comparison of Environmental Impacts: The Preservation Alternative 2 would avoid the project’s significant unavoidable impact to cultural resources because it would not alter the City Landm ark building itself. Because the cultural resources impact to the building would be avoided, the land use impact from inconsistency with the Historic Preservation Ordinance and General Plan policies adopted for the purpose of avoiding or mitigating impacts to cultural resources would also be avoided. Construction impacts (from air quality, noise and vibration, and disruption of nesting birds) would be lessened due to the smaller size of the project and reduction in demolition activities. Potential impacts resulting from the exposure to soil and groundwater contamination and potential to encounter undocumented NF:DHZ:JMD
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historic-era and Native American archaeol ogical resources and tribal cultural resources would be lessened due to the e limination of the proposed below-grade retail, but this alternative would still be required to implement all mitigation measures and Standard Permit Conditions identified for the proposed project.

C. Finding: The alternative would meet project obj ectives 2, 3, 6, and 7: to achieve long-term pedestrian utilization in a Focused Growth Area of downtown, to create a commercial development project in t he Downtown Focused Growth Area, to promote the City’s goal of a multi-modal future, and to add economic development growth in a transit centric location. Howe ver, this alternative would not provide commercial development on an infill site because retention of the City Landmark building would make it unsuitable fo r infill development. The Preservation Alternative 2 would avoid t he project’s significant unavoidable cultural resources impacts, as well as the land use impact, and would result in similar impacts to air quality, biological resources, cultural resources, hazards and hazardous materials, noise and vibration, and tribal cultural resources. All other impacts disclosed in the Initial Study (refer to Appendix A) and Draft SEIR for the project would remain the same as the proposed project.

Environmentally Superior Alternative

The CEQA Guidelines state that an EIR shall identify an environmentally superior alternative. Based on the discussion of pr oject alternatives, the environmentally superior alternative to the project is the No Project Alternative because it would avoid all of the Project’s significant environmental impacts. 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 env ironmentally superior alternative among the other alternatives.” Therefore, in addition to the No Project Alternative, the Preserva tion Alternative 2 is the environmentally superior alternative because it avoids the projec t’s significant unavo idable cultural resources impact and the potential impacts associated with exposure of soil and/or groundwater contamination and potential to encounter undocumented historic-era and Native American archaeological resources and tribal cultural resources would be lessened due to the elimination of below-grade retail.

STATEMENT OF OVERRIDING CONSIDERATIONS

Pursuant to the provisions of CEQA, the Cit y 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.

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A. Significant Unavoidable Impact. With respect to the fo regoing findings and in recognition of those facts that are included in the record, the City has determined that the Project will result in significant unmitigated or unavoidable impacts, as set forth above, associated with cultural re sources and land use due to demolitions and alterations to a City Landmark building located at 142-150 East Santa Clara Street.

B. Overriding Considerations. The City Council specifically adopts and makes this Statement of Overriding Cons iderations that this Pr oject has eliminated or substantially lessened all significant e ffects on the environment where feasible, and finds that the remaining significant, unavoidable impacts of the project are acceptable in light of economic, legal, environmental, social, technological or other considerations noted below, because the benefits of the project outweigh its significant adverse environmental impact of the project. The City Council finds that each of the overriding considerations set forth below constitutes a separate and independent basis 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 ar e supported by evidence in the record that includes, but is not limited to, the Envision San Jo sé 2040 General Plan, the Downtown Strategy 2040, and the Downtown Urban Design Guidelines.

C. Benefits of the 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 wri tten testimony at all public 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:

1. Envision San José 2040 General Plan Strategies, Goals, and Policies.  Major Strategy #3 Focused Growth : The Project site is located within an identified Growth Area, as specified in the Envision San José 2040 General Plan. Construction of the project would increase Class-A office space on a downtown site in a pedestrian-friendly design and located in proximity to a variety of services, employment centers, educational institutes, and transit, including a planned Bay Area Rapid Transit station. Planning such sites for higher density mixed-use developm ent enables the City to provide economic, employment, and residentia l benefits consistent with the community objectives of the Envision San José 2040 General Plan.  Major Strategy #9 Destination Down town and #11 Design for a Healthful Community: The Project will support the continued growth of the Downtown as a vibrant urban center for living and working by adding up to 63,461 square feet of office and 11,790 square feet of ground floor/basement retail.

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The Project’s location in the Downtown core will allow office workers, retail employees, and retail customers the opportunity to take advantage of a wide variety of commute options including walking, bicycling, bus and light rail. Focusing commercial growth withi n the Downtown will support the Plan’s economic, fiscal, environm ental, and urban design/placemaking goals.
 General Plan Land Use Goals LU-1.2, LU -2, LU-3.1, LU-3.4, LU-5.7, LU-

10.1, and LU-10.4: The Project will result in the development of up to 63,461 square feet of office and 11,790 square feet of ground floor/basement retail. which will aid in maximizing social in teraction and furthering the vision of the Envision General Plan. Ground floor retail amenities will serve employees and other residents of t he Downtown area. The Project’s location in the Downtown will encourage walking for employees, which will minimize vehicular miles traveled. The Project is located approximately 650 east of the nearest Light Rail stop and is served by high-frequency bus service directly adjacent to the Proj ect on East Santa Clara Street. The Project will focus new residential and em ployment growth in an identified Growth Area to maximize use of existi ng transit infrastructure, provide for more efficient delivery of City servic es, and foster the development of a more vibrant, walkable urban core.

2. Downtown Strategy 2040
The Project will advance the goals of the Downtown Strategy 2040, adopted in 2018 to facilitate the development of up to 14,360 residential units, 14.2 million square feet of office uses, 1.4 million square feet of retail uses, and 3,600 hotel rooms in Downtown by 2040. The Project will result in the addition of up to 63,461 square feet of office and 11,790 s quare feet of ground floor/basement retail within the Employment Priority Area overlay established by Downtown Strategy 2040. The purpose of the Employment Priori ty Area is for intensive job growth in close proximity to the future BART station.

3. Downtown Urban Design Guidelines and Policies
Downtown Urban Design Policy CD-6.1, CD-6.2, CD-6.6, CD-6.8: The Project will result in an increase in employment density. This increase in employment density will contribute to the Downtown’s growth as a vibrant urban area, and help the City actualize its vision fo r the Downtown core . The Project has undergone extensive design review so t hat its scale, qualit y, and character strengthen Downtown’s status as an urban center.

4. Pedestrian and Bicycle Improvements
The project applicant will construc t bicycle and pedestrian improvements adjacent to the project site, improving the streetscape in a portion of downtown NF:DHZ:JMD
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with heavy vehicle and pedestrian traffic. Improvements include construction of a 22’ wide sidewalk with a 7’ wide bi ke lane along the site’s North Fourth Street frontage; a 16’ wide sidewalk with tree wells along the site’s East Santa Clara Street frontage; and construction of a half-bulb out at the southwest corner of Fourth Street and East Santa Clara Street. These improvements will significantly improve pedestrian and bicyc list safety at an intersection with heavy traffic.

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 Monito ring and Reporting Prog ram (“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 of responsibility for mitigation implementation and the agency responsible for the monitoring action.

LOCATION AND CUSTODIAN OF RECORDS

The documents and other materials that consti tute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the City’s Department of Planning, Building and Code Enforcement, San José City Hall, 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and are also available for viewing electronically on t he Department of Planni ng, Building and Code Enforcement website. The City Council hereby designates the City’s 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.

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ADOPTED this ___ day of _________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

SAM LICCARDO
Mayor
ATTEST:

TONI J. TABER, CMC
City Clerk

MITIGATION MONITORING AND REPORTING PROGRAM
SuZaCo Mixed-Use Project
File Nos. H21-026, ER21-085 & H P21-005
October 2022
DocuSign Envelope ID: BDB301BF-416D-48C8-A728-4A8FBA99102B EXHIBIT "A"
(File Nos. H21-026; HP21-005)
Page | 1 File Nos.: H21-026, ER21-85 & HP21-005

PREFACE

Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) 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 Supplemental Environmental Impact Report (SEIR) prepared for the SuZaCo 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 MMRP addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the SEIR concluded that the impacts from implementation of the project would be less than significant.

I, , the applicant, on the behalf of , hereby agree to implement the mitigation measures described below which have been developed in conjunction with the preparation of an SEIR 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 significantly reduce potential environmental impacts to a less than significant level.

P
roject Applicant’s Signature _____________________________________________

Date___________________________________________________________

DocuSign Envelope ID: BDB301BF-416D-48C8-A728-4A8FBA99102B Edward McMahon
10/20/2022
Sunstone QOZB
LLC
EXHIBIT "A"
(File Nos. H21-026; HP21-005)
Page | 2 File Nos.: H21-026, ER21-85 & HP21-005

SuZaCo Mixed-Use Project
File Nos. H21-026, ER21-085
& HP21-005

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule

AIR QUALITY
Impact AIR-1: Construction activities associated with the proposed project would expose the project maximum exposed individuals (MEIs) to cancer risk and PM2.5 emissions in excess of Bay Area Air Quality Management District (BAAQMD) significance thresholds of 10 cases per one million for cancer risk and 0.3 µg/m3 for PM2.5, respectively.

MM AIR-1.1: Prior to the issuance of any demolition,
grading and/or building permits (whichever occurs first), the project applicant shall prepare and submit a
construction operations plan that includes specifications of the equipment to be used during construction to the
Director of the City of San José Department of Planning, Building and Code Enforcement or the Director’s
designee for review and approval. The plan shall be
accompanied by a letter signed by an air quality
specialist, verifying that the equipment included in the plan meets the standards set forth below.

• For all construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total, use equipment that
meet U.S. Environmental Protection Agency (EPA)
Tier 4 emission standards for particulate matter
(PM
10 and PM2.5).
• If Tier 4 equipment is not available, all construction equipment larger than 25 horsepower used at the site
for more than two continuous days or 20 hours total
shall meet U.S. EPA emission standards for Tier 3
engines and include particulate matter emissions
Submit a construction
operation plan and a letter
signed by a qualified air
quality specialist,
verifying that the
equipment included in the
plan meets the standards
defined in MM AIR-1.1.

Prior to issuance of
any demolition,
grading, or building
permits (whichever
occurs first).

Director of the City
of San José
Department of
Planning, Building
and Code
Enforcement or
Director’s designee.

Review and
approve
construction
operations plan and
letter for
compliance with
standards defined
in MM AIR-1.1.

Prior to issuance
of any
demolition,
grading, or
building permits
(whichever
occurs first).

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control equivalent to CARB Level 3 verifiable diesel
emission control devices that altogether achieve a 93
percent reduction in particulate matter exhaust in
comparison to uncontrolled equipment.
• Use of alternatively fueled or electric-powered
equipment.
• Provide line power to the site during the early phases of construction to minimize the use of diesel-
powered stationary equipment (e.g., stationary cranes
and air compressors).
• Limit generator use where feasible.

Alternatively, the project applicant could develop a plan that reduces on- and near-site construction diesel
particulate matter emissions by a minimum of 93 percent or greater. The plan shall be accompanied by a letter
signed by an air quality specialist and shall be submitted for review and approval by the Director of the City of
San José Department of Planning, Building and Code
Enforcement or Director’s designee prior to the issuance of any demolition, grading, or building permits
(whichever occurs first).

Implementation of the mitigations described above will
reduce the impacts below BAAQMD significance
thresholds of 10 cases per one million for cancer risk and

0.3 µg/m
3 for PM2.5, respectively.

BIOLOGICAL RESOURCES
Impact BIO-1: Tree removal associated with construction of the proposed project could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment, which would constitute a significant impact under the Migratory Bird Treaty Act (MBTA) and California Department of Fish and Wildlife (CDFW) Code Sections 3503, 3503.5, and 3800.

MM BIO-1.1: Tree removal and construction shall be
scheduled to avoid the nesting season. The nesting season for most birds, including most raptors in the San
Francisco Bay area, extends from February 1
st through
August 31st, inclusive.

If tree removals and construction cannot be scheduled
outside of nesting season, a qualified ornithologist shall complete pre-construction surveys to identify active
raptor nests that may be disturbed during project
implementation. This survey shall be completed no more
than 14 days prior to the initiation of
demolition/construction activities during the early part of Avoid construction
activities during nesting
seasons. If construction
activities cannot be
scheduled outside of
nesting season, conduct a
pre-construction nesting
bird survey by a qualified
ornithologist in
compliance with the
survey timing defined in
MM BIO-1.1, designate a
Prior to any tree
removal, or issuance
of any grading or
demolition permits,
whichever occurs
first
Director of the City
of San José
Department of
Planning, Building
and Code
Enforcement or
Director’s designee.

Confirm that
demolition and
construction
activities are
scheduled outside
of the nesting
season, or
review report
indicating the
results of the
survey and any
Prior to any tree
removal, or
issuance of any
grading or
demolition
permits,
whichever
occurs first
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the breeding season (February 1st through April 30th,
inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st, inclusive), unless a shorter pre-construction survey is determined to be
appropriate based on the presence of a species with a
shorter nesting period, such as Yellow Warblers. During this survey, the qualified ornithologist will inspect all trees and other possible nesting habitats in and
immediately adjacent to the construction areas for nests.

If an active nest is found in an area that will be disturbed by construction, the qualified ornithologist will designate a construction-free buffer zone (typically 250 feet) to be established around the nest. The buffer would ensure that raptor or migratory bird nests will not be disturbed during project construction.

Prior to any tree removal, or issuance of any grading or demolition permits, whichever occurs first, the project applicant shall submit the report including the results of the survey and any designated buffer zones to the
Director of the City of San José Department of Planning, Building and Code Enforcement or Director’s designee
for review and approval.

Implementation of the mitigations described above will
reduce significant impacts to loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment.

construction-free buffer
zone around any
discovered nest.

Qualified ornithologist
shall submit a report
indicating the results of
the survey and any
designated buffer zones.
designated buffer
zones.

CULTURAL RESOURCES
Impact CUL-1: The project would demolish the majority of a City Landmark building located at 142-150 East Santa Clara Street, which is a historic resource under the California Environmental Quality Act (CEQA).

MM CUL-1.1: Documentation: The portions of the
building that are proposed for demolition located at 142- 150 East Santa Clara Street shall be documented in
accordance with the guidelines established for the
Historic American Building Survey (HABS) and shall
consist of the following components:

1. Drawings – Prepare sketch floor plans.

Documentation:

Prepare and submit
documentation of the
portions of the building
that is proposed for
demolition located at 142-
150 East Santa Clara
Street in accordance with
the guidelines established
Prior to prior to the
issuance of
demolition permits,
whichever comes
first.

Director of the City
of San José
Department of
Planning, Building
and Code
Enforcement or
Director’s designee,
and the City’s
Review and
approve
documentation.

Prior to the
issuance of
demolition
permits,
whichever comes
first.

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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 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 prior to the issuance of any demolition permits, whichever
occurs first. All documentation shall be submitted on
archival paper.

MM CUL-1.2: Salvage: The portions of the building at
142-150 East Santa Clara Street proposed for demolition, shall be made available for salvage to companies or
individuals facilitating the reuse of historic building materials, including local preservation organizations.

Noticing for salvage opportunities shall include
notification in at least one newspaper of general
circulation and online platforms as appropriate including at a minimum the San José Mercury News (print and
online), and the City of San José’s Department of
Planning, Building, and Code Enforcement’s
Environmental Review website. Noticing shall be
compliant with City Council Policy 6-30: Public
Outreach Policy and include a notice on each building
proposed for demolition, that is no smaller than 48 x 72 inches and that is visible from the public right-of-way.

The duration of the notice for materials salvage shall be 30 days.

The project applicant shall provide evidence of
compliance with the posting requirements and duration to the Director of Planning, Building and Code Enforcement or the Director’s designee and the City Historic
for the Historic American
Building Survey (HABS).

Submit all documentation
on archival paper.

Architectural historian
and historian meeting the
Secretary of the Interior’s
Professional Qualification
Standards shall oversee
the preparation of the
sketch plans, photographs,
and written data.

File documentation with
the San José Library’s
California Room and the
Northwest Information
Center at Sonoma State
University.

Salvage: The portions of
the building at 142-150
East Santa Clara Street
proposed for demolition,
shall be made available
for salvage to companies
or individuals facilitating
the reuse of historic
building materials.

Noticing shall be
compliant with City
Council Policy 6-30:

Public Outreach Policy
and include a notice on
each building proposed
for demolition as
described in MM CUL-

1.2. Prior
to prior to the
issuance of
demolition or
grading permits,
whichever comes
first.

Historic Preservation
Officer.

Director of the City
of San José
Department of
Planning, Building
and Code
Enforcement or
Director’s designee,
and the City’s
Historic Preservation
Officer.

Review evidence
of advertisements
and compliance
with the posting
requirements and
duration.

Prior to the
issuance of
demolition or
grading permits,
whichever comes
first.

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Preservation Officer, prior to the issuance of demolition or grading permits, whichever occurs first.

MM CUL-1.3: Commemoration: A qualified
architectural historian shall create a permanent
interpretive program, exhibit, or display of the history of the property at 142-150 East Santa Clara Street including, but not limited to, historic and current condition
photographs, interpretive text, drawings, video,
interactive media, or oral histories. Any exhibit or display shall be placed in a suitable publicly accessible location on the project site. The final design of the
commemorative interpretive program, exhibit, or display shall be determined in coordination with the City’s
Historic Preservation Officer.

The project applicant shall provide evidence that the
commemorative interpretive program, exhibit, or display was created to the Director of Planning, Building and
Code Enforcement or the Director’s designee prior to the certificate of occupancy.

Implementation of the measures described above will
minimize the identified significant and unavoidable
impacts. However, the impact to the City Landmark
building located at 142-150 East Santa Clara Street
remains significant and unavoidable, due to demolition of the historic resource with the exception of the façade.

Commemoration:

Qualified architectural
historian shall create a
permanent interpretive
program, exhibit, or
display of the history of
the property on-site.

Prior to certificate of
occupancy.

Director of the City
of San José
Department of
Planning, Building
and Code
Enforcement or
Director’s designee,
and the City’s
Historic Preservation
Officer.

Coordinate with
the qualified
architectural
historian on the
final design of the
commemorative
interpretive
program, exhibit,
or display.

Prior to
certificate of
occupancy.

Impact CUL-2: Construction activities on-site could impact previously undocumented historic-era and Native American archaeological resources, as the site is documented as being highly sensitive for historic-era archaeological resources and low to moderately sensitive for Native American archaeological resources.

MM CUL-2.1: Monitoring. A qualified archaeologist, in
collaboration with a Native American monitor, registered with the NAHC 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 shall be present during ground-disturbing
activities such as, but not limited to, trenching, initial or full grading, boring on site, or major landscaping. The project applicant shall notify the Director of the City of San José Department of Planning, Building, and Code
Enforcement or Director’s designee of any finds during
monitoring.

A qualified archaeologist
in collaboration with a
Native American
representative, registered
with the Native American
Heritage Commission for
the City of San José that
is traditionally and
culturally affiliated with
the geographic area as
described in Public
Resources Code Section
21080.3 shall be present

during ground-disturbing
During all ground-
disturbing activities
such as, but not
limited to,
trenching, initial or
full grading, boring
on site, or major
landscaping.

Director of the City
of San José Planning,
Building and Code
Enforcement or
Director’s designee.

Receive and review
notice of any finds
during monitoring.

During all
ground-
disturbing
activities such
as, but not
limited to,
trenching, initial
or full grading,
boring on site, or
major
landscaping.

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MM CUL-2.2: Evaluation. Any historic-era or Native
American archaeological resources identified during
monitoring required by MM CUL-2.1 shall be evaluated
for eligibility for listing in the California Register of Historic Resources as determined by the California Office of Historic Preservation. Data recovery methods may
include, but are not limited to, backhoe trenching, shovel test units, hand augering, and hand-excavation. The
techniques used for data recovery and treatment shall be determined by the project archaeologist in collaboration with a Native American representative registered with the NAHC 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.

Data recovery shall include excavation and exposure of
features, field documentation, and recordation. All
documentation and recordation shall be submitted to the Northwest Information Center and NAHC Sacred Land
File (as applicable), and/or equivalent prior to the
issuance of an occupancy permit. A copy of the
evaluation and plan for disposition and treatment of
historic-era and Native American archaeological
resources shall be submitted to the Director of the City of San José Department of Planning, Building and Code
Enforcement or Director’s designee.

Implementation of the mitigations described above will
reduce significant impacts to undocumented historic-era and Native American archaeological resources with the
inclusion of mitigation measures TCR-1 below in the
Tribal Cultural Resources section.

activities such as, but not
limited to, trenching,
initial or full grading,
boring on site, or major
landscaping.

Any historic-era or Native
American archaeological
resources identified
during monitoring
required by MM CUL-2.1
shall be evaluated for
eligibility for listing in the
California Register of
Historic Resources as
determined by the
California Office of
Historic Preservation. All
documentation and
recordation shall be
submitted to the
Northwest Information
Center and NAHC Sacred
Land File (as applicable),
and/or equivalent.

Prior to the issuance
of any occupancy
permit.

Director of the City
of San José Planning,
Building and Code
Enforcement or
Director’s designee.

Review evaluation
and plan for
disposition and
treatment of
historic-era and
Native American
archaeological
resources.

Prior to the
issuance of any
occupancy
permit.

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Construction activities associated with the proposed project could expose construction workers, the public, neighboring properties and the environment to hazardous materials in the form of impacted soil, soil vapor, and/or groundwater contamination above Regional Water Quality Control Board (RWQCB) environmental screening levels, due to historical use of the site. Fuel oil used for the boiler that was present on-site could have been stored on-site in above-ground and/or below-ground storage tanks, and DocuSign Envelope ID: BDB301BF-416D-48C8-A728-4A8FBA99102B EXHIBIT "A"
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the former laundry, auto repair, cleaning and drying, dry cleaning, and printing businesses on-site could have used and/or stored petroleum-based solvents, organic solvents, dry cleaning solvents, and/or volatile organic compounds.

MM HAZ-1.1: Prior to the issuance of any demolition or
grading permits, the project applicant shall retain a
qualified environmental professional to conduct a Phase II soil, soil vapor and/or groundwater investigation to determine if the soil, soil vapor, and groundwater from former uses of the site have resulted in contamination
concentrations above established Regional Water Quality Control Board (RWQCB) Environmental Screening
Levels (ESLs). If the Phase II results indicate soil, soil vapor and/or groundwater contamination above ESLs, the
project applicant shall enter into a regulatory oversight agreement with the Santa Clara County Department of
Environment Health (SCCDEH), RWQCB, or
Department of Toxic Substances Control (DTSC). The
project applicant shall meet with the regulatory oversight agency and perform additional soil, soil gas
and/or
groundwater sampling and testing, as required, to
adequately define the known and suspected
contamination. A Site Management Plan (SMP),
Corrective Action Plan (CAP), Remedial Action Plan
(RAP), or other equivalent plan shall be prepared and
submitted to the regulatory oversight agency for their
approval. The plan shall include a Health & Safety Plan (HASP) and shall establish remedial measures and/or soil management practices to ensure construction worker
safety and the health of future workers and visitors. The plan and evidence of regulatory oversight shall be
provided to the Director of the City of San José
Department of Planning, Building and Code
Enforcement, and the Environmental Compliance Officer
in the City of San José’s Environmental Services
Department for review.

Implementation of the mitigation described above will
reduce significant impacts to soil and/or groundwater
contamination below applicable established regulatory
ESLs.

Retain a qualified
environmental
professional to conduct a
Phase II soil, soil vapor
and/or groundwater
investigation.

Enter into a regulatory
oversight agreement with
the Santa Clara County
Department of
Environment Health
(SCCDEH), RWQCB, or
Department of Toxic
Substances Control
(DTSC) if the Phase II
results indicate soil, soil
vapor and/or groundwater
contamination above
regulatory environmental
screening levels.

Prior to the issuance
of any demolition or
grading permits.

Director of the City
of San José Planning,
Building, and Code
Enforcement and the
Environmental
Compliance Officer
in the City of San
José’s Environmental
Services Department.

Review Site
Management Plan
(SMP), Corrective
Action Plan (CAP),
Remedial Action
Plan (RAP), or
other equivalent
plan and proof of
regulatory
oversight if the
Phase II results
indicate soil, soil
vapor and/or
groundwater
contamination
above regulatory
environmental
screening levels.

Prior to the
issuance of any
demolition or
grading permits.

NOISE AND VIBRATION
Impact NOI-1: Mechanical equipment for the project has the potential to exceed the 55 dBA DNL threshold defined in General Plan Policy EC-1.3 by 11 to 19 dBA DNL (depending on noise control features) at adjacent noise-sensitive residential land uses.

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MM NOI-1.1: A detailed acoustical study shall be
prepared by a qualified acoustical engineer prior to the issuance of any building permits to evaluate the potential noise generated by building mechanical equipment and
demonstrate the necessary noise control to comply with
the City’s threshold of 55 dBA DNL at property lines
shared with noise-sensitive residential land uses, as
defined in General Plan Policy EC-1.3. Noise control
features such as acoustical enclosures and barriers shall be identified and evaluated to demonstrate that
mechanical equipment noise would not exceed 55 dBA
DNL threshold. The acoustical study and recommended
measures to demonstrate compliance with General Plan
Policy EC-1.3 shall be submitted to the Director of the City of San José Department of Planning, Building and
Code Enforcement or Director’s designee for review and approval prior to issuance of any building permits.

Implementation of the mitigation described above will
reduce significant noise impacts at adjacent properties resulting from the operation of mechanical equipment
below the City’s 55 dBA DNL threshold.

A qualified acoustical
engineer shall prepare a
detailed acoustical study
to evaluate the potential
noise generated by
building equipment and
demonstrate the necessary
noise controls to comply
with the City’s threshold
of 55 dBA DNL at
property lines shared with
noise-sensitive residential
land uses.

Submit the acoustical
study and recommended
measures for review.

Prior to the issuance
of any building
permits.

Director of the City
of San José Planning,
Building, and Code
Enforcement or
Director’s designee.

Review and
approve acoustical
study and
recommended
measures.

Prior to the
issuance of any
building permits.

NOISE AND VIBRATION
Impact NOI-2: Construction noise would exceed the City thresholds defined in General Plan Policies EC-1.2 and EC-1.7 of an increase in ambient noise levels by five dBA or more for a period of more than one year.

MM NOI-2.1: 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 during construction to reduce noise
impacts on neighboring residents and other noise-
sensitive uses. The noise logistic plan shall be submitted to the Director of the City of San José Department of
Planning, Building and Code Enforcement or Director’s
designee prior to the issuance of any grading or
demolition permits.

Consistent with the Downtown Strategy 2040 FEIR, the
construction noise logistics plan shall include but is not 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.

Prior to the issuance
of any grading or
demolition permits.

Director of the City
of San José Planning,
Building and Code
Enforcement or
Director’s designee.

Review and
approve the noise
logistics plan.

Prior to the
issuance of any
grading or
demolition
permits.

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limited to the following measures:

• Construction will be limited to the hours of 7:00 AM
to 7:00 PM, 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.
• The project contractor shall use “new technology”
power construction equipment with state-of-the-art
noise shielding and muffling devices. All internal
combustion engines used on the project site shall be
equipped with adequate mufflers and shall be in
good mechanical condition to minimize noise created
by faulty or poorly maintained engines or other
components.
• The unnecessary idling of internal combustion
engines shall be prohibited.
• Staging areas and stationary noise-generating
equipment shall be located as far as possible from
noise-sensitive receptors such as residential uses (a
minimum of 200 feet, where feasible).
• The surrounding neighborhood within 500 feet shall
be notified early and frequently of the construction
activities.
• A “noise disturbance coordinator” shall be
designated to respond to any local complaints about
construction noise. The disturbance coordinator
would determine the cause of the noise complaints
(e.g., beginning work too early, bad muffler, etc.)
and institute reasonable measures warranted to
correct the problem. A telephone number for the
disturbance coordinator would be conspicuously
posted at the construction site.

Implementation of the mitigation described above are
considered to reduce significant impacts on ambient noise levels resulting from construction activities to less than significant levels.

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Impact NOI-3: Construction vibration levels would exceed the City’s threshold of 0.08 in/sec PPV threshold for historic buildings within 60 feet and the 0.2 in/sec PPV threshold for conventional construction buildings within 25 feet of the project site, as provided in General Plan Policy EC-2.3.

MM NOI-3.1: Prior to the issuance of any demolition,
grading, or building permits, whichever occurs earliest, the project applicant shall implement a Construction
Vibration Monitoring Plan (Plan) to document conditions prior to, during, and after vibration generating
construction activities. All Plan tasks shall be undertaken under the direction of a licensed Professional Structural Engineer in the State of California and be in accordance with industry-accepted standard methods. The Plan shall be submitted to the Director of the City of San José
Department of Planning, Building and Code Enforcement
or the Director’s designee and the City’s Historic
Preservation Officer for review and approval prior to
issuance of any demolition, grading, or building permit, whichever occurs earliest. The Plan shall include, but not be limited to, the following measures:

• A description of measurement methods, equipment
used, calibration certificates, and graphics as
required to clearly identify vibration-monitoring
locations.
• A list of all heavy construction equipment to be used for this project known to produce high vibration
levels (e.g., clam shovel drops, vibratory rollers, hoe rams, large bulldozers, caisson drillings, loaded
trucks, jackhammers, etc.) and the distance from
adjacent structures (both sensitive historic and
building of conventional construction, as applicable)
to which the equipment is expected to operate shall
be submitted to the Director of the City of San José
Department of Planning, Building and Code
Enforcement or the Director’s designee by the
contractor. This list shall be used to identify
equipment and activities that would potentially
generate substantial vibration and to define the level
of effort for reducing vibration levels below the
thresholds.
• Based on review of the Plan, demolition, earth-
moving, and ground impacting operations may be
required to be phased so as not to occur during the
same time period to reduce vibration levels to levels
that would minimize potential vibration impacts to
adjacent buildings.

Submit and implement a
Construction Vibration
Monitoring Plan (Plan) to
document conditions prior
to, during, and after
vibration generating
construction activities.

All Plan tasks shall be
undertaken under the
direction of a licensed
Professional Structural
Engineer in the State of
California and be in
accordance with industry-
accepted standard
methods.

Submit the Plan for
review prior to
issuance of any
demolition, grading,
or building permits,
whichever occurs
earliest.

Director of the City
of San José Planning,
Building and Code
Enforcement or
Director’s designee
and the City’s
Historic Preservation
Officer.

Review and
approval of the
Plan and post-
vibration-
generating
construction
activity survey.

Prior to issuance
of any
demolition,
grading, or
building permits,
whichever
occurs earliest.

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• Use of heavy vibration-generating construction
equipment shall be prohibited within 60 feet of any
adjacent building (where possible).
• Document conditions at all historic structures located within 60 feet of construction and at all other
buildings located within 25 feet prior to, during, and
after vibration generating construction activities. All Plan tasks shall be undertaken under the direction of
a licensed Professional Structural Engineer in the
State of California and be in accordance with
industry-accepted standard methods. Specifically:

o Vibration limits shall be applied to vibration-
sensitive structures located within 60 feet of any
construction activities identified as sources of
vibration levels that could damage surrounding
buildings.
o Performance of a photo survey, elevation survey,
and crack monitoring survey for each historic
structure within 60 feet of construction activities

and all other buildings within 25 feet of
construction activities. Surveys shall be
performed prior to any construction activity, in
regular intervals during construction, and after
project completion. The surveys shall include
internal and external crack monitoring in the
structure, settlement, and distress, and shall
document the condition of the foundation, walls
and other structural elements in the interior and
exterior of the structure.
• Develop a vibration monitoring and construction
contingency plan to identify structures where
monitoring would be conducted, set up a vibration
monitoring schedule, define structure-specific
vibration limits, and address the need to conduct
photo, elevation, and crack surveys to document
before and after construction conditions.

Construction contingencies shall be identified for
when vibration levels approach the limits.
• At a minimum, vibration monitoring shall be
conducted during demolition and excavation
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activities and during other construction phases, as
necessary to reduce vibration limits to acceptable
levels to protect the surrounding buildings.
• If vibration levels approach limits identified in the Plan, construction shall be suspended, and
contingency measures shall be implemented to lower
vibration or secure affected structures.
• Designate a person responsible for registering and
investigating claims of excessive vibration. The
contact information of such person shall be clearly
posted on the construction site.
• Conduct a survey on the structure after vibration-
generating construction activities where either
monitoring has indicated high levels or there have
been complaints of damage. Make appropriate
repairs in accordance with the Secretary of the
Interior’s Standards where damage has occurred as a
result of construction activities. The survey shall be
submitted to the Director of the City of San José
Department of Planning, Building and Code
Enforcement, or Director’s designee, and the City’s
Historic Preservation Officer.

MM NOI-3.2: Prior to the issuance of any demolition,
grading, or building permits, whichever occurs earliest, the project applicant shall prepare and implement a
Historical Resources Protection Plan (HRRP) that
provides measures and procedures to protect nearby
historic resources from direct or indirect impacts during construction activities (i.e., due to damage from operation of construction equipment, staging, and material storage).

The HRRP shall be prepared by a qualified Historic
Architect and reviewed and approved by the Historic
Preservation Officer or equivalent of the City of San José Department of Planning, Building and Code Enforcement
prior to the issuance of any demolition, grading, or
building permits, whichever occurs earliest. The project applicant shall ensure the construction contractor follows Qualified Historic
Architect shall prepare
and implement a
Historical Resources
Protection Plan (HRRP)
that provides measures
and procedures to protect
nearby historic resources
from direct or indirect
impacts during
construction activities.

Prior to the issuance
of any demolition,
grading, or building
permits, whichever
occurs earliest.

Historic Preservation
Officer or equivalent
of the City of San
José Department of
Planning, Building
and Code
Enforcement.

Review and
approve HRRP.

Prior to the
issuance of any
demolition,
grading, or
building permits,
whichever
occurs earliest.

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the HRRP while working near these historic resources. At a minimum, the plan shall include:
• Guidelines for operation of construction equipment
adjacent to historical resources;
• Means and methods to reduce vibrations levels from
excavation and construction;
• Requirements for monitoring and documenting
compliance with the HRRP; and
• Education/training of construction workers about the
significance of the adjacent historical resources.

In addition, the Monitoring Team shall prepare a site visit report documenting all site visits. The Monitoring Team shall submit the site visit reports and documents to the City’s Historic Preservation Officer no later than one
week after each reporting period (or as defined by the
HRRP). The City’s Historic Preservation Officer shall
determine the frequency of the reporting period. The
structural engineer shall consult with the Historic
Architect if any problems related to the character-defining features of the historic resources occur. The Director of the City of San José Department of Planning, Building
and Code Enforcement or the Director’s designee and the City’s Historic Preservation Officer may request any
additional number of site visits at their discretion.

If, in the opinion of the Monitoring Team, substantial
adverse impacts related to construction activities are
found during construction, the Monitoring Team shall
inform the project applicant (or the applicant’s designated representative responsible for construction activities), the Director of the City of San José Department of Planning, Building and Code Enforcement or the Director’s
Historic Architect shall
establish a “Monitoring
Team” comprised of at
least one qualified
Historic Architect and one
structural engineer for the
duration of the site
monitoring process.

Prepare a site visit report
documenting all site visits
and submit the reports and
documents to the City’s
Historic Preservation
Officer no later than one
week after each reporting
period (or as defined by
the HRRP).

The Monitoring Team
shall submit a final
document associated with
monitoring and repairs
after completion of the
construction activities.

Submit the reports
and documents to
the City’s Historic
Preservation Officer
no later than one
week after each
reporting period (or
as defined by the
HRRP).

Submit final
documentation after
completion of the
construction
activities prior to the
issuance of any
Certificate of
Occupancy
(temporary or final).

The Director of the
City of San José
Planning, Building
and Code
Enforcement or the
Director’s designee
and the Historic
Preservation Officer
of the City of San
José Department of
Planning, Building
and Code
Enforcement
Review reports
after each reporting
period and final
documentation.

Receive monthly
reports
throughout the
duration of
construction.

Receive final
documentation
prior to the
issuance of any
Certificate of
Occupancy
(temporary or
final).

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designee, and the Historic Preservation Officer of the
potential impacts immediately. The project applicant shall implement the Monitoring Team’s recommendations for
corrective measures, including halting construction in
situations where construction activities would cause
immediate damage to historic resources. In the event of damage to a nearby historic resource during construction, the project applicant shall ensure that repair work is
performed in compliance with the Secretary of the
Interior’s Standards for the Treatment of Historic
Properties and shall restore the character-defining
features in a manner that does not affect the structure’s historic status. The Monitoring Report shall also include, but is not limited to, the following:

• Summary of the construction progress;
• Identification of substantial adverse impacts related to construction activities;
• Problems and potential impacts to the historical
resources during construction activities;
• Recommendations to avoid any potential impacts;
• Actions taken by the project applicant in response to the problem;
• Progress and the level of success in meeting the
applicable Secretary of the Interior’s Standards for
the Treatment of Historic Properties for the project as noted above for the character-defining features, and
in preserving the character-defining features of
nearby historic properties; and
• Inclusion of photographs to explain and illustrate
progress.
• In addition, the Monitoring Team shall submit a final document associated with monitoring and repairs
after completion of the construction activities to the
Director of the City of San José Department of
Planning, Building and Code Enforcement or the
Director’s designee and the Historic Preservation
Officer prior to the issuance of any Certificate of
Occupancy (temporary or final).

Implementation of the mitigations described above will
reduce significant construction vibration levels on nearby historic and conventional structures to below the City’s thresholds.

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Source: City of San José. Draft SEIR (June 2022) and 1st Amendment to Draft SEIR (October 2022). SuZaCo Mixed-Use Project.

TRIBAL CULTURAL RESOURCES
Impact TCR-1: Based on Assembly Bill (AB) 52 Consultation with Tamien Nation and the City of San José, the project area is highly sensitive for previously undocumented tribal cultural resources due to proximity to a Native American village site.

MM TCR-1.1: Tribal Cultural Awareness Training.

Prior to issuance of any demolition or grading permit,
whichever occurs first, the project applicant shall be
required to submit evidence that a Cultural Awareness
Training will be provided to construction personnel prior to ground disturbance. The training shall be facilitated by a qualified archaeologist in collaboration with a Native American representative registered with the Native
American Heritage Commission (NAHC) 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.

Implementation of the mitigation described above, in
addition to mitigations listed for Cultural Resources
above will reduce potential impacts to previously
undocumented tribal cultural resources.

Submit evidence that a
Cultural Awareness
Training will be provided
to construction personnel
prior to ground
disturbance by a qualified
archaeologist in
coordination with a
Native American
representative from a
California Native
American tribe that has
consulted on the project,
is registered with the
Native American Heritage
Commission (NAHC) for
the City of San José that
is traditionally and
culturally affiliated with
the geographic area as
described in Public
Resources Code Section
21080.3.

Prior to issuance of
any demolition or
grading permits,
whichever occurs
first.

Director of the City
of San José Planning,
Building and Code
Enforcement or the
Director’s designee.

Review evidence
and evaluation.

Prior to issuance
of any
demolition or
grading permits,
whichever
occurs first.

DocuSign Envelope ID: BDB301BF-416D-48C8-A728-4A8FBA99102B EXHIBIT "A"
(File Nos. H21-026; HP21-005)

San Jose City CouncilNovember 29, 2022

San Jose City Council
November 29, 2022