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

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Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

RESOLUTION NO._______

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE CERTIFYING THE ICON-ECHO 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 CONSIDERAT IONS AND A RELATED

MITIGATION MONITORING AND REPORTING PROGRAM,

ALL IN ACCORDANCE WI TH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AS AMENDED

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 Envi ronmental 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 Special Use Permit and Vesting Tentative Map (SP 21-031/T21-033/ER21-134) under the Downtown Strategy 2040 EIR, which includes the demolition of an existing gas station, church, parking lot and three commercial buildings on-site (tot aling approximately 22,527 square feet), and construction of an office tower and a resident ial tower (21 stories and 27 stories tall, respectively) including up to 415 residential units, approximately 516,500 square feet of NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. office space and 8,500 square feet of ground- floor retail uses on an approximately 2.1- acre site that is bound by East St. John Street to the north, North 4t h Street to the east, East Santa Clara Street to the south, and commercial buildings and senior apartments to the west (APNs: 467-20-079, 467-20-081, 467-20-060 and a portion of 467-20-080) in the City of San José, (collectively referred to herein as the “Project”); and

WHEREAS, approval of the Project would constitute a Project under the provisions of the California Environmental Quality Act of 1970, together with rela ted state and local implementation guidelines and policies promulgated thereunder, all as amended to date (collectively, "CEQA"); and

WHEREAS, the City is the lead agency for t he Project, and has prepared a Final Supplemental Environmental Impact Report for the Project pursuant to and in accordance with CEQA, which the Final En vironmental Impact Report is comprised of the Draft Supplemental Environmental Impact Report fo r the Project (the “Draft SEIR”), together with the First Amendment to t he Draft SEIR (collectively, all of said documents are referred to herein as the “FSEIR”); and

WHEREAS, on October 26, 2022 the Planning Comm ission of the City of San José reviewed the FSEIR prepared for the Project, and recommended to the City Council that it find the environmental clearance for the proposed Project was completed in accordance with the requirements of CEQA and further recommended the City Council adopt this Resolution; and

WHEREAS, CEQA requires that, in connection with the approval of a project for which an environmental impact report has been pr epared which identifie s one or more significant environmental effect s of the project, the decisi on-making body of a public agency make certain findings regarding those effects and adopt a mitigation or monitoring NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. program and overriding statem ent of consideration for any impact that may not be reduced to a less than significant level.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI L OF THE CITY OF SAN JOSE:

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

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

3. The City Council was presented with, and has independently reviewed and analyzed, the FSEIR and other information in the record and has considered the information contained therein, including the written and oral comments received at the public hearings on the FSEIR and the Project, prior to acting upon or approving the Project, and has found that the FSEI R represents the independent judgment of the City of San José (“City”) as lead agency for the Project, and designated the Director of Planning, Building and Code Enforcement at the Director’s office at 200 East Santa Clara Street, 3rd Floor Towe r, San José, California, 95113, as the custodian of documents and record of proc eedings on which the decision of the City is based; and

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

5. That the City Council does hereby find and determine that recirculation of the FSEIR for further public review and comme nt is not warranted or required under the provisions of CEQA; and
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Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

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

ICON-ECHO MIXED-USE PROJECT

SIGNIFICANT ENVIRONMENTAL IMPACTS

Air Quality

Impact: Impact AIR-1: Construction activities associated with the proposed Project would expose the maximum exposed indi vidual (MEI) to a cancer risk of

42.39 cases per one million for infant s which exceeds the Bay Area Air Quality Management District (BAAQMD) significance threshold of 10 cases per one million.

Mitigation: MM AIR-1.1: Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the Project applicant shall submit a construction operations plan to the Director of Planning, Building and Code Enforcement or Director’s designee that includes information in sufficient detail as to how the Project applicant and/or its contractor shall meet the following engine requirements and enhanc ed just control measures. The plan shall be accompanied by a letter signed by an air quality specialist.

Engine Requirements: Verification that the equipment included in the plan meets the standards set forth below:
 All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours total shall, at a minimum, meet U.S. EPA Tier 4 final 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. Environmental Protection Agency (EPA) emission standards for Tier 3 engines and include particulate matter emissions contro l equivalent to California Air Resources Board (CARB) Level 3 ve rifiable diesel emission control NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. devices that altogether achieves a 77 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment.  Use of alternatively fueled or electric equipment.
 Stationary cranes and constructi on generator sets shall be powered by electricity.

As an alternative to the measures above, the Project applicant could request a plan from a qualif ied air quality specialist that reduces on- and near-site construction diesel particulate matter emissions by a minimum of 77 percent or greater. The plan shall be submitted to the City of San José Director of Planning, Building and C ode Enforcement or the Director’s designee for review and approval prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest).

Enhanced Dust Control Measures: The Project applicant shall implement the following BAAQMD enhanced dust control requirements during construction of the Project:
 All exposed surfaces shall be watered at a frequency adequate to maintain minimum soil moisture of 12 percent. Moisture content can be verified by lab samples or moisture probe.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
 All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
 All vehicle speeds on unpaved roads s hall be limited to 15 miles-per- hour (mph).
 All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.  All construction equipm ent shall be maintained and properly tuned in  accordance with manufacturer’s spec ifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
 Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air NVF:MJV:JMD
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Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

District’s phone number shall also be visible to ensure compliance with applicable regulations.
 All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
 Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction. Wind breaks should have at maximum 50 percent air porosity.
 Vegetative ground cover (e.g., fa st-germinating native grass seed) shall be planted in disturbed areas as soon as possible and watered appropriately until vegetation is established.
 The simultaneous occurrence of excavation, grading, and ground- disturbing construction activities on the same area at any one time shall be limited. Activities sha ll be phased to reduce the amount of disturbed surfaces at any one time.
 All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
 Site accesses to a distance of 100 feet from the paved road shall be treated with a six to 12-inch compacted layer of wood chips, mulch, or gravel.
 Sandbags or other erosion contro l measures shall be installed to prevent silt runoff to
public roadways from sites with a slope greater
than one percent.
 Idling times shall be minimized eit her by shutting equipment off when not in use or reducing the maximum idling time to two minutes. Clear signage shall be provided for construction workers at all access points.

Finding: With implementation of the Standar d Permit Conditions for dust control, including BAAQMD Enhanced Dust Co ntrol Measures and Mitigation Measure AIR-1.1, the infant residential cancer risk would be reduced to 3.58 cases per one million for Tier 4 final engines or 7.31 cases per one million for Tier 4 interim engines, both of which would be be low the BAAQMD significance threshold of 10 per one million cases for cancer risk. The annual PM

2.5 concentration and Hazard Index (HI) would not exceed BAAQMD significance thresholds. Theref ore, implementation of Mitigation Measure AIR-1.1 and all identified St andard Permit Conditions would reduce the off-site community risk impact to less than significant. [Same NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Impact as Approved Project (Less than Significant Impact 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 time, including all existing childcare and residences surrounding the Project site. A community risk assessment of the Project construction activities was completed for the proposed Project.

The assessment evaluated potential he alth effects for nearby receptors (within 1,000 feet of the Pr oject site) from construction emissions of diesel particulate matter (DPM) and PM

2.5. The CalEEMod model was used to determine total annual DPM and PM 2.5 dust emissions for the off-road c onstruction equipment and on-road vehicles that would be used during Proj ect construction. 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 pa ssenger vehicle emission rates were calculated using the EMFAC2021 model.

Implementation of Mitigation Measur e AIR-1.1 and the required standard permit conditions
would achieve greater than an 80 percent reduction in on- site fugitive PM2.5 emissions. T hese measures are consistent with recommendations in the BAAMQD CEQA Guidance for providing “best management practices” to control construction emissions, and would reduce emissions below the BAAQMD significance threshold of 10 per one million cases for cancer risk. Therefore, the Project would have a less than significant off-site community risk impact from construction.

Biological Resources

Impact: Impact BIO-1: Construction activities associated with the proposed Project could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment, which woul d 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.

Mitigation: MM BIO-1.1: Tree removal and construction shall be scheduled to avoid the nesting season. The nesting season for mo st birds, including most raptors NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. 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 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 the breeding season (February 1st thr ough 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 preconstruction survey is determined to be appropriate based on the presence of a species with a shor ter 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 ornit hologist 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 approval of any grading or demolition permits (whichever occur first), the applicant s hall submit the orni thologist’s report indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of Planni ng, Building and Code Enforcement or Director’s designee.

Finding: With implementation of Mitigation Measure 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 NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. 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-1: Construction activities on-sit e could uncover historic-era archaeological resources associated with pre-1906 earthquake residential and commercial activities.

Mitigation: MM CUL-1.1: Preliminary Investigation. After demolition of existing above-ground structures and prior to below-grade demolition/excavation activities, including grading and potholing for utilit ies, a qualified archaeologist who is trained in both local prehistoric and historical archaeology, in collaboration with a Native American representative registered with the Native American Heritage Commission (NAHC) for the City of San José and that is tradition ally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall complete subsurface exploration at the site, to determine if there are any indications of discrete Native Am erican or historic-era subsurface archaeological features. Exploration of historic-era features shall consist of at least one trench mechanically exca vated below existing stratigraphic layers to evaluate the potential fo r Native American and historic-era resources. If any archaeological res ources are exposed, these should be briefly documented, tarped for protection, and left in place. The results of the presence/absence explorati on, including any treatment recommendations if any, shall be submi tted to the Director of Planning, Building and Code Enforcement or Director’s designee for review and approval prior to issuance of any grading permit.

Mitigation: MM CUL-1.2:

Treatment Plan. Based on the findings of the subsurface testing (MM CUL-1.1), an archaeological resources treatment plan shall be prepared by a qualified archaeologist in collaboration with a Native American
representative, regi stered with the Native American Heritage Commission for the City of San José t hat is traditionally and culturally affiliated with the geographic area as de scribed in Public Resources Code Section 21080.3, if necessary. The tr eatment plan shall consist of permit- level detail pertaining to depths and loca tions of excavation activities. The treatment plan shall be prepared and submitted to the Director of Planning, Building and Code Enforcement or Director’s designee prior to approval of any grading permits. The treatment plan shall contain, at a minimum:

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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.  Identification of the scope of work and range of subsurface effects (including location map and development plan), including requirements for preliminary field investigations.
 Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential range of what might be found).
 Monitoring schedules and individuals.
 Development of research questions and goals to be addressed by the investigation (what is signi ficant vs. what is redundant information).
 Detailed field strategy to record , recover, or avoid the finds and address research goals.
 Analytical methods.
 Report structure and outli ne of document contents.
 Disposition of the artifacts.
 Security approaches or protocols for finds.

All Native American and historic-era f eatures identified during exploration shall be evaluated by the qualified ar chaeologist. After completion of the field work, all artifacts shall be catalogued, and the appropriate forms shall be completed and filed with the Northw est Information Center of the California Archaeological Inventory at Sonoma State University.

A final report verifying completion of the archaeological resources treatment plan and mitigation program shall be submitted to the Director of Planning, Building and Code Enforcement or Director’s designee for approval prior to issuance of any certificate of occ upancy. This report shall contain a description of the mitigation programs and results of the mitigation, including a description of the monitoring and test ing program, a list of the resources found, a summary of the resources analysis methodology and conclusions, and a description of the disposition/curation of the resources.

Finding: With implementation of the Standard Permit Condition identified in the SEIR and Mitigation Measures CUL-1.1 and CUL-1.2, the proposed Project would result in a less than significant im pact to subsurface archaeological resources. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)]

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Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Facts in Support of Finding: Native American and histor ic artifacts have been found throughout the downtown area, particularly near the Guadalupe River. The Project site is located approximat ely 0.6-mile east of Guadalupe River.

Based on the literature search referenced for analysis in the SEIR, there is high potential in the Project area for historic-era archaeological deposits associated with pre-1906 earthquake resi dential and commercial activities and low to moderate potentia l for pre-historic Native American cultural resources in the immediate vicinity of the Project site. However, no recorded resources were identified on the Project site. As part of the Project, the entire site would be excavated to a dept h of ten feet below ground surface to accommodate the parking garage. As a result, Project ground disturbing activities could impact previously hi storic-era archaeological resources and/or previously undocumented tribal cultural resources. Implementing Mitigation Measures MM CUL-1.1 and MM CUL-1.2, which include a preliminary investigation and a treatm ent plan prior to any permits for ground-disturbing activities, and evaluat ion of any resources identified during Project construction, would reduce any potential impacts associated with Project construction to a less than significant level. Additional mitigation measures specific to tribal cultur al resources are discussed under “Tribal Cultural Resources” below.

Hazards and Hazardous Materials

Impact: Impact HAZ-1: Construction activities a ssociated with the proposed Project could expose the public and/or the environment to hazardous materials and/or soil, soil vapor, and/or groundwater contamination from existing and former uses of the site (existing gas station and former automobile repair and service, gas station, drycleaner, and lumber businesses).

Mitigation: MM HAZ-1.1:

Prior to the issuance of any de molition, grading, or building permits, whichever occurs first, a geophy sical survey shall be prepared by an environmental professional to i dentify the potential presence of underground storage tanks (USTs) bel ow East Santa Clara Street.

Additionally, the two UST vent pipes at the southern corner of the Project site shall also be analyzed.

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DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. professional shall collect soil samples below the existing USTs, dispensers, and associated piping, as directed under regulatory oversight by the SCCDEH and/or San José Fire Departm ent, to determine if leaks have occurred. The geophysical survey, soil samples, evidence of regulatory oversight, and confirmation that ident ified objects have been removed in accordance with San José Fire Department and SCCDEH requirements shall be provided to the Director of Planning, Building, and Code Enforcement, or Director’s designee, and the Environmental Compliance Officer in the City of San José’s Environmental Services Department.

MM HAZ-1.2:

Prior to issuance of any demo lition, grading, or building permit, whichever occurs first, the Project applicant shall enroll in the SCCDEH Site Cleanup Program. The Project applicant shall work under regulatory oversight to determine if additional Phase II soil, soil vapor and groundwater investigations and rem ediation are required. The Project applicant shall provide documents su ch as a Site Management Plan, Removal Action Plan or equivalent pl ans as required by the DEH. The Plan(s) and evidence of regulatory oversight shall be provided to the Director of Planning, Building, and Code Enforcement, or Director’s designee, and the Environmental Comp liance Officer in the City of San José’s Environmental Services Department.

MM HAZ-1.3: As part of the facility closure process for occupants that use and/or store hazardous materials, the Project applicant shall ensure that the occupants submit a closure plan that describes required closure activities, such as removal of remaining hazar dous materials, cleaning of hazardous material handling equipment, decontamin ation of building surfaces, and waste disposal practices. The facility closure plans shall be submitted to the San José Fire Department and SCCDEH for review and approval to ensure that the required closure and any necessary site cleanup activities are completed prior to the issuance of dem olition, grading, or building permits, whichever occurs first. Evidence of regulatory oversight and documentation of facility closure in compliance wit h San José Fire Department and SCCDEH requirements shall be submitted to the Director of Planning, Building, and Code Enforcement, or Director’s designee, and the Environmental Compliance Officer in the City of San José’s Environmental Services Department.

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REVISED – Administrative changes made since original posting on 11/18/2022. lifts and oil-water separator have been re moved from the si te. In addition, the qualified environmental professional shall analyze the soils for potential contamination. Documentation of removal shall be provided to the Director of Planning, Building, and Code Enforc ement or Director’s designee, and the Environmental Compliance Offi cer in the City of San José’s Environmental Services Department.

Finding: With implementation of mitigation m easures MM HAZ-1.1 to MM HAZ-1.4, redevelopment of the Project site w ould not significantly impact the public or the environment due to exposure to any hazards or contamination sources. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)]

Facts in Support of Finding: Existing and historic uses on the site (existing gas station and former automobile repair and servic e, gas station, drycleaner, and lumber businesses) represent a Rec ognized Environmental Condition and the Project site is listed on the Geotracker database for a closed leaking underground storage tank case. The proposed Project would include grading and excavation during constructi on of the proposed buildings and below-grade parking garage which could resu lt in impacts to construction workers from exposure to hazardous materials and/or soil, soil vapor, and/or groundwater contamination. Implement ation of Mitigation Measures MM HAZ-1.1 through MM HAZ-1.4 requires the completion of a geophysical survey of the site to determine the presence and extent of hazardous materials, underground stor age tanks, in-ground lifts, clarifiers, or drains associated with historic uses of the site; obtaining regulatory oversight for the Project from the Santa Clara County Department of Environmental Health, including preparation of and compliance with a site management plan, removal action plan or equival ent document as required by the regulatory oversight agency; and closure plans for ex isting uses that store hazardous materials , which would reduce potential impacts to construction workers to a less than significant level.

Noise and Vibration

Impact: Impact NOI-1: Mechanical equipment noise levels would exceed the City’s 55 dBA DNL threshold defined in General Plan Policy EC-1.3 at the future residential building located across North Fourth Street to the east of the site (Miro Towers/Res-3).

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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Mitigation: MM NOI-1.1: Prior to the issuance of any building permits, mechanical equipment shall be selected and design ed to meet the City’s 55 dBA DNL noise level requirement at the nearby noise-sensitive land uses. A qualified acoustical consultant shall be retai ned to review the mechanical noise equipment to determine specific noise reduction measures needed to reduce equipment noise to comply with the City’s noise level requirements.

Noise reduction measures could include, but are not limited to, selection of equipment that emits low noise levels and installation of noise barriers, such as enclosures and parapet walls, to block the line-of-sight between the noise source and the nearest receptors. Other alternate measures include locating equipment in less noise-sensitive areas (such as along the building façades farthest from the nearest residences), where feasible. The findings and recommendations from the acoustica l consultant for noise reduction measures shall be submitted to the Director of Planning, Building and Code Enforcement or Director’s designee for review and approval prior to the issuance of any building permits.

Finding: With implementation of Mitigation Measure NOI-1.1, the Project would have a less than significant operational noise impact from mechanical equipment. [Less Impact than Approved Proj ect with Mitigation Incorporated (Significant Unavoidable Impact)]

Facts in Support of Finding: A qualified acoustical consul tant would be retained to evaluate the mechanical noise equipment selected for the Project to ensure that the City’s 55 dBA DNL noise leve l requirement is met at the nearby noise-sensitive land uses.

The acoustical consultant would identify noise
reduction measures such as utilizing alternative equipment, constructing noise barriers, and identifying alter native locations for the mechanical equipment. These measures would be presented to the Director of Planning, Building and Code Enforcement , or Director’s designee prior to the issuance of any building permits. Implementation of Mitigation Measure NOI-1.1 would reduce operational noise impacts to a less than significant level.

Impact: Impact NOI-2: Construction noise would exceed ambient levels by five dBA for a period of more than one year within 500 feet of residential uses or 200 feet of commercial or office uses, which exceeds the City thresholds defined in General Plan Policy EC-1.7.

Mitigation: MM NOI-2.1: Prior to the issuance of any grading or demolition permits, whichever occurs first, the Project applicant shall submit and implement a construction noise logistics plan that specifies hours of construction, noise NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. and vibration minimization measur es, posting and notification of construction schedules, equipment to be used, and designation of a noise disturbance coordinator. The noise di sturbance coordinator shall respond to neighborhood complaints and shall be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. The noise logistics plan shall be submitted to the Director of Planning, Building and Code Enforcement or Director’s designee prior to the iss uance of any grading or demolition permits for review and approval, whichever occurs first.

Consistent with the Downtown Strat egy 2040 FEIR, the construction noise logistics plan shall include but is not limited to the following measures:
 Construction shall be limited to th e 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. Constructi on 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 prev ent noise disturbance of affected residential uses.
 The Project contractor sha ll 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 noi se 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 no ise-sensitive receptors such as residential uses (a minimum of 200 feet, where feasible).  The surrounding neighborhood within 5 00 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 cons truction 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 NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. the disturbance coordinator woul d be conspicuously posted at the construction site.

Finding: With implementation of the Standar d Permit Conditions identified in the SEIR and Mitigation Measure NOI-2.1, the proposed Project would have a less than significant construction noise impact. [Less Impact than Approved Project with Mitigati on Incorporated (Significant Unavoidable Impact)]

Facts in Support of Finding : The proposed Project would be constructed in approximately 36 months, which exceeds the City’s 12-month construction noise threshold in General Plan Po licy EC-1.7. The applicant would be required to submit and implement a construction noise logistics plan which would include: 1) specific hours of construction, 2) noise and vibration minimization measures, 3) posting and notification of construction schedules and equipment to be used, and 4) designation of a noise disturbance coordinator. The noise lo gistics plan incorporates best management practices for reducing c onstruction noise and minimizing nuisances to adjacent sensitive recept ors, and would be submitted to the Director of the Department of Planning, Building and Code Enforcement or the Director’s designee prior to the issuance of any grading or demolition permits. Implementation of Mitigati on Measure NOI-2.1 would reduce construction noise impacts to a less than significant level.

Impact: Impact NOI-3: Construction vibration levels would exceed the City thresholds defined in General Plan Policy EC-2.3 of 0.08 in/sec Peak Particle Velocity (PPV) for historic buildings within 61 feet of the Project site.

Mitigation: MM NOI-3.1: Prior to the issuance of any de molition, 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 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 Planning, Building and C ode Enforcement or the Director’s designee and the City’s Historic Preservation Officer for review and approval prior to issuance of a demo lition, grading, or building permit, whichever occurs earliest. The Plan
shall include, but not be limited to, the
following measures:

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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.  A description of measurement met hods, 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 leve ls (e.g., clam shovel drops, vibratory rollers, hoe rams, large bulldozers, caisson drillings, loaded trucks, jackhammers, etc.) shall be submitted to the Director of Planning, Building or Code Enforc ement or the Director’s designee by the contractor. This list sha ll 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. Phase demolition, earth-moving, and ground impacting operations so as not to occur during the same time period.  Use of heavy vibrati on-generating construction equipment shall be prohibited within 61 feet of historic buildings and buildings eligible for listing as historic, if feasible.
 Document conditions at all historic structures located within 61 feet of construction 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 accordanc e with industry-accepted standard methods. Specifically:

o Vibration limits shall be app lied to vibration-sensitive structures located within 61 feet of any construction activities identified as sources of high vibration levels.
o Performance of a photo survey, elevation survey, and crack monitoring survey for each histor ic structure within 61 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 m onitoring in the structure, settlement, and distress, and shall document the condition of the foundation, walls and other st ructural 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, defi ne structure-specific vibration limits, and address the need to conduc t photo, elevation, and crack surveys to document before and after construction conditions.

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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Construction contingencies shall be identified for when vibration levels approached the limits.
 If vibration levels approach limit s, construction shall be suspended and contingency measures shall be implemented to lower vibration or secure affect 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 post-survey on the struct ure where either monitoring has indicated high levels or compla ints of damage. Make appropriate repairs in accordance with the Secr etary of the Interior’s Standards where damage has occurred as a result of construction activities.

Finding: With implementation of the Mitigati on Measure NOI-3.1, the Project would have a less than significant construction vibration impact. [Same Impact as Approved Project (Less than Signi ficant Impact with Mitigation Incorporated)]

Facts in Support of Finding : As described in the Cultural Resources section of the DSEIR, a reconnaissance survey conducted of buildings in the Project vicinity found 17 age-eligible historic properties within 200 feet of the site, including 13 buildings listed on the City’s Historic Resources Inventory. The City of San José relies on guidanc e developed by Caltrans to address vibration impacts from development projects in San José, which was used to draft General Plan Policy EC-2.3. According to this Policy, a vibration limit of 0.2 inches/sec PPV has been used fo r buildings that are found to be structurally sound but where structur al 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. Table 3.6-6 of the SEIR shows Project-generated vibration levels exceeding the General Plan threshold of 0.08 in/sec PPV at the adjacent historic buildings located within 61 feet of the Project site. With implementation of Mitigation Meas ure NOI-3.1, the Project-generated vibration levels would not exceed the General Plan threshold of 0.08 in/sec PPV. As a result, the Project would have a less than significant impact with mitigation incorporated.

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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Tribal and Cultural Resources

Impact: Impact TCR-1: Construction activities a ssociated with the proposed Project could result in the disturbanc e of previously undocumented tribal cultural resources due to a known vill age site in the immediate Project vicinity.

Mitigation: MM TCR-1.1: Sensitivity Training. Prior to issuance of any grading permits, the Project applicant shall s ubmit evidence to the Director of Planning, Building and Code Enforcement or the Director’s designee that an Archaeological Monitoring Contractor Awareness Training was held prior to ground disturbance. The training s hall be facilitated by a qualified archaeologist in coordination with a Native American representative from a California Native American tribe t hat 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.

Mitigation: MM TCR- 1.2: Monitoring. A qualified Native American monitor, 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, in collaboration with a qualified archeologist, shall also be present during all earthmoving activities such as, but not limited to, trenching, initial or full grading, lifting of foundation, boring on site, or major landscaping.

Finding: With implementation of existing r egulations, the Standard Permit Conditions identified in the SEIR, and Mitigati on Measures CUL-1.1, CUL-1.2 (as described under Impact CUL-1), TCR- 1.1, and TCR-1.2, the proposed Project would have a less than signifi cant impact on tribal cultural resources. [New Less Than Significant Impact with Mitigation Incorporated (Less than Significant Impact)]

Facts in Support of Finding : The Project site is locat ed 0.6 mile 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 previously undocumented tribal cultural resources. However, impl ementation of City Standard Permit Conditions and Mitigation Measures CUL-1.1, CUL-1.2, TCR-1.1 and TCR-

1.2 would reduce potential impacts to tribal cultural resources to a less than significant level. Implementing t hese required measures, including a treatment plan for any resources ident ified during Project construction, NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. would reduce any potential impacts to tribal cultur al resources associated with Project construction to a less than significant level.

SIGNIFICANT UNAVOIDABLE ENVIRONMENTAL IMPACTS

Impact: Impact CUL-2: The proposed development of the Northern Tower would impair the overall historic integrity of the St . James Square City Landmark District as it does not comply with: t he Secretary of the Interior’s Standard 9 for Rehabilitation, the Site Layout/Setbacks, Surface Treatment, Detailing, and Landscaping guidelines of the St . James Square Historic District Design Guidelines, and the design, feeling, and association integrity of the St. James Square City Landmark District.

Mitigation: None.

Finding: There are no feasible mitigation measures available that could be implemented to reduce the impact to the integrity of the St. James Square Historic District to a less than signifi cant level absent a redesign of the Project to substantially conform with the St. James Square Historic District Design Guidelines. [New Significant and Unavoidable Impact (Less Than Significant Impact with Mitigation Incorporated)]

Facts in Support of Finding: As discussed in Section 3.3.2.1 of the DSEIR, the proposed Northern Tower would not be compatible with the St. James Square Historic Design Guidelines for site layout/setbacks, surface treatment (fenestration and detaili ng), detailing, and landscaping guidelines. Furthermore, out of the tw o applicable Secretary of Interior Standards, the proposed Northern Tower would not be compatible with the St. James Square Historic District in terms of features, size, scale, proportion, and massing (Standard 9). However, the proposed Northern Tower would comply with Standard 10

1. Impact: Impact (C)CUL-1 and (C)CLU-1: The proposed Northern Tower would diminish the historic integrity of the St. James Square City Landmark District due to incompatible infill, which would have a cumulative impact when combined with the alterations to the historic district that have occurred over time since its designation in 1984.

1 Standard 10 – New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Mitigation: None.

Finding: There are no feasible mitigation measures available that could be implemented to reduce the impact to the integrity of the St. James Square Historic District to a less than signifi cant level absent a redesign of the Project to substantially conform with the St. James Square Historic District Design Guidelines. [New Significant and Unavoidable Cumulative Impact (Less Than Significant Impact with Mitigation Incorporated)]

Facts in Support of Finding: As discussed in Section 3.3. 2.2 of the DSEIR, the St.

James Square City Landmark District has undergone several alterations since it was locally designated in 1984. When the historic district was designated, the boundaries originally included 25 parcels, 11 of which were contributing. Two of t he contributors were demolished (Four-Wheel Brake Building/Letcher Garage at 200 North Fi rst Street and Eagl es Hall at 152 North Third Street), and three new bui ldings were constructed (St. James Plaza at 152 North Third Street, the office building at 96 North Third Street, and The James Apartments at 98 North First Street) which are five- to ten- stories tall, stucco or masonry clad, and large and bulky in scale.

The proposed Northern Tower would not be compatible with the St. James Square City Landmark District in terms of features, size, scale, proportion, massing, setbacks, surface treatment, and landscaping. The boundaries of the St. James Square City Landmark Distr ict were intentionally drawn to include 16 non-contributi ng properties and vacant lots. The resolution adopted by the San José City Council to create the historic district (Resolution No. 57147) states that it was established to a large degree because of the City’s concern for the protection of the St. James Park area which contains a large number of hist orically significant buildings. The purpose of the historic district designation is to assure that the preservation and thoughtful modification of structures in this area will be compatible with the historic character of the area. The design of the proposed Northern Tower does not fulfill the purpose of the inclusion of the non-contributing property/properties in the historic district to provide compatible development. The proposed Northern Towe r would diminish the historic integrity of the St. James Square City Landmark District which would have a cumulative impact when combined with the alterations to the historic district that have occurred over time since its designation in 1984, and there are no feasible mitigation measures that could be implemented to reduce the impact to a less than significant level.

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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Land Use

Impact: Impact LU-1: The proposed Project would hav e a significant unavoidable shade and shadow impact on St. James Park because it would result in an increase in shadow of greater than 10% on March 21 and September 21.

Mitigation: None.

Finding: The proposed Project would result in an increase in shade onto St. James Park, a public space, in excess of 10% during the spring and autumnal equinoxes. Absent a substantial r edesign of the Project, there are no mitigation measures that would reduce this impact to a less than significant level. [New Significant and Unavoidable Impact (Less Than Significant Impact with Mitigation Incorporated)]

Facts in Support of Finding: The Downtown Strategy 2040 FEIR identifies significant shade and shadow impacts as occurring when a building or other structure located in the downtown area substant ially reduces natural sunlight on certain public open spaces, measured on winter solstice when the sun is lowest in the sky (December 21st); the spring/autumnal equinox, when day and night are approximately eq ual in length (March 21
st and September
21st); and summer solstice when the sun is at its highest point in the sky (June 21st). The Downtown Strategy 2040 FEIR established that a significant shade and shadow impact would occur if a 10 percent or greater shadow is cast onto any of the six major open space areas in the downtown San José area (St James Park, Plaza of Palms, Plaza de Cesar Chavez, Paseo de San Antonio, Guadalupe River Park, McEnery Park). As discussed in Section 3.5.2.1 of the DSEIR, the proposed Project would cast shadows on St. James Park for limited hours during the spring, summer, and winter months. However, the Proj ect would shade St. James Park in the morning of the spring/autumnal equinox resulting in a net new increase shadow of 14.7 percent, which exceeds the 10 percent threshold defined in the Downtown Strategy 2040 FEIR.

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 NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. “foster informed decision making and public participation,” and should focus on alternatives that avoid or substantially lessen the significant impacts.

As stated in Section 2.3 of the DSEIR, The Project objectives identified in the SEIR are as follows:

1. Provide a project that m eets the strategies and goals of the Envision San José 2040 General Plan and Downtown Strategy 2040 Plan of locating high density development on infill sites along transit co rridors to foster transit use and the efficiency of urban services to str engthen downtown as a regional job, entertainment, and cultural destination and as the symbolic heart of San José.

Specifically, provide high density, high-ri se housing in the downtown area in excess of 198 units per acre that is a ccessible to downtown jobs, retail and entertainment and various modes of public transit. The development of office and retail uses will provide for jobs at this infill location, which will in turn help to support transit use and existing amenities.

2. Support smart growth, and ideally reduce vehicle miles traveled, by adding housing units, office and retail space to a central transit location served by various modes of public transportation such as bikeways, VTA light rail and buses, and within 0.5 miles of a planned BART extension.

3. Create an attractive new building adding to the City’s skyline and activating the ground floor with retail and a connected commercial complex.

4. Create a modern Class A office project with large open floor plates consisting of 20,000 to 40,000 square f eet. These large floor plates are intended to attract tenants that are in the technology sector that are looking to increase their businesses and increase employment.

5. Provide bicycle parking in excess of City requirements for residents and employees to help support the goals of the Envision San José 2040 General Plan in promoting San José as a great bicyc ling community. The commercial building will provide for associated showers and lo ckers for employee bike commuters. In addition, a bike repair kitchen will be made available to both Project residents and employees.

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. Six al ternatives were explored, including a Location Alternative that was determined to be infeasible and subsequently rejected. The following are evaluated as alternatives to the proposed Project:

1. No Project – No Development Alternative

2. Reduced Height of Northern and Southern Towers Alternative NVF:MJV:JMD
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

3. Reduced Height of Northern Tower to 70 Feet and 20 Foot Setback Alternative

4. Reduced Height of Northern Towe r to 160 Feet and 135 Feet Alternative

5. 20-Foot Setback of No rthern Tower Alternative

1. No Project – No Development Alternative

A. Description of Alternative: The No Project – No Development Alternative would retain the existing buildings and parking lot as is. No new development would occur on the site.

B. Comparison of Environmental Impacts: The No Project – No Development Alternative would avoid all of the Proj ect’s environmental impacts. Because no towers would be constructed, significant impacts to cultural resources and shade/shadow, as well as impacts to air quality, nesting birds, hazards, and noise, would not occur and mitigation would not be required.

C. Finding: The No Project – No Development Alternative would avoid the Project’s significant unavoidable impacts from activities associated with the Project. The No Project – No Development Alternative would not m eet 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 an underutilized site in the downtown area near transit with a high-density development.

2. Reduced Height of Northern and Southern Towers Alternative

A. Description of Alternative: The purpose of the Reduced Height of Northern and Southern Towers Alternative is to less en the impact the Northern Tower would have on the St. James Square City Landmark District compared to the proposed Project by reducing the height of the buildings and thereby reducing the amount of shadow cast on St. James Park. Under this alternative, both towers would be 15 stories tall, instead of 21 stories and 27 stories tall with the proposed Project, and connected via a podium on the basement floor to the eighth floor.

B. Comparison of Environmental Impacts: The proposed heights of the Northern and Southern Towers under this alternative would reduce the shadow cast on St.

James Park to from 14.7 percent to 9. 8 percent at 10:00 a.m. on March 21 and September 21, which would be below the 10 percent threshold. Therefore, the Project would have a less than significant shading impact on St. James Park.

However, this alternative would still resu lt in significant and unavoidable impacts to the historic integrity of St. James Pa rk Historical District. All other identified significant impacts, including those for construction air quality, biological resources, cultural resources, noise, and hazardous materials would remain, as NVF:MJV:JMD
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Item No.: 10.2(a)
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REVISED – Administrative changes made since original posting on 11/18/2022. major construction activities would still occur for a period of greater than one year due to the size of the Project.

C. Finding: The Reduced Height of Northern and Southern Towers Alternative would meet four of the five Proj ect objectives; however, it would not meet objective 1, which is to provide high density, high-rise housing in the downtown area in excess of 198 units per acre that is accessible to downtown jobs, retail and entertainment and various modes of public transit. This al ternative would result in a residential density of 102 units per acre. The R educed Height of Northern and Southern Towers Alternative would reduce the amount of shadow cast on St. James Park compared to the proposed Project; however, all other identified significant impacts would remain the same as the proposed Project.

3. Reduced Height of Northern Tower to 70 Feet and
20 Foot Setback Alternative

A. Description of Alternative: The purpose of the Reduc ed Height of Northern Tower to 70 Feet and 20 Foot Setback Al ternative is to potentially avoid the significant impact of the Northern Tower on the St. James Square City Landmark District. Under this alternative, the hei ght of the proposed Northern Tower would be reduced from 268 feet to 70 feet and a 20-foot setback from East St. John Street would be implemented where a 10-foot street setback is currently proposed under the Project.

B. Comparison of Environmental Impacts: This alternative would avoid a significant and unavoidable impact related to the historic integrity of the St. James Square City Landmark District and the Secretar y of Interior’s Standard 9 as the massing will substantially conform with the St. James Square District Design Guidelines. While the reduction in he ight for the Northern Tower would help reduce the shade and shadow impact to St. James Park, the Southern Tower would still be 268 feet tall, and this alternative would still exceed the 10 percent threshold for shade and shadow. All other identified significant impacts, including those for construction air quality, biol ogical resources, noise, and hazardous materials would remain as major constr uction activities would still occur for a period of greater than one year due to the size of the Project. These impacts would be the same as the proposed Project wi th all identified mitigation measures, Conditions of Approval, and Standard Permit Conditions.

C. Finding: The Reduced Height of Northern Tower to 70 Feet and 20 Foot Setback Alternative would meet four of the five Project objecti ves; however, it would not meet objective 1 which is to provide high density, high-rise housing in the downtown area in excess of 198 units per acre that is accessible to downtown jobs, NVF:MJV:JMD
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Item No.: 10.2(a)
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REVISED – Administrative changes made since original posting on 11/18/2022. retail and entertainment and various modes of public transit. This alternative would result in a net decrease of 379 units compared to the proposed Project, providing only 36 residential units.

4. Reduced Height of Northern Tower to 160 Feet and 135 Feet Alternative

A. Description of Alternative: The purpose of the Reduc ed Height of Northern Tower to 160 Feet and 135 Feet Alternative is to achieve greater conformance with the Secretary of the Interi or’s Standards for the Treatment of Historic Properties and to be more compatible with the contributing buildings in the St. James Square City Landmark District. Under this alternat ive, the height of the Northern Tower would be reduced from 268 feet to 160 feet for the port ion of the building along North Fourth Street, and from 268 feet to 135 feet for the majority of the building along East St. John Street. The building wo uld be set back 10 feet from East St.

John Street from a 40-foot podium height where a five-foot, one-story recess above the fifth floor is currently proposed under the Project.

B. Comparison of Environmental Impacts: The Reduced Height of Northern Tower to 160 Feet and 135 Feet Alternative would achieve greater conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and would be more compatible with the St. James Square City Landmark District. This alternative would also lessen the impact of the Norther n Tower on the St. James Square City Landmark District by reduc ing the shade and shadow to St. James Park; however, it would not reduce the impact below the 10 percent threshold.

Therefore, although identified significa nt impacts would be reduced, this alternative would continue to have a significant and unav oidable shade and shadow impact, as well as on the historic integrity to the St. James Park Historical District. All other identified significant impacts, including those for construction air quality, biological resources, noise, and hazardous materials would remain as major construction activities would still occur for a period of greater than one year due to the size of the Project.

C. Finding: The Reduced Height of Northern Tower to 160 Feet and 135 Feet Alternative would meet four of the five Project objecti ves; however, it would not meet objective 1 which is to provide high density, high-rise housing in the downtown area in excess of 198 units per acre that is accessible to downtown jobs, retail and entertainment and various modes of public transit. This alternative would result in a net decrease of 190 units per acre compared to the proposed Project and would provide 225 residential units which would result in a residential density of 170 units per acre, which is less than 198 units per acre.

5. 20-Foot Setback of Northern Tower Alternative
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Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

A. Description of Alternative: The purpose of the 20-Foot Setback of Northern Tower Alternative is to lessen the Proj ect’s incompatibility with various design standards and guidelines within the St. Ja mes Square Historic District. This alternative would reduce the height of the portion of the Northern Tower facing St.

James Park by two stories. Under this al ternative, the building would be set back 20 feet from East St. John Street from a 40-foot podium height where a five-foot, one-story recess above the fifth floor is currently proposed under the Project.

B. Comparison of Environmental Impacts: The 20-Foot Setback of Northern Tower Alternative would achieve greater conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and would be more compatible with the St. James Square City Landmark Dis trict. This alternative would also lessen the impact of the Northern Tower on the St. James Square City Landmark District by reducing the shade and shadow to St. James Park; ho wever, it would not reduce the impact below the 10 percent threshold. Therefore, although identified significant impacts would be reduced, this alte rnative would continue to have a significant and unavoidable shade and shadow impact, as well as on the historic integrity to the St. James Park Historical District. All other identified significant impacts, including those fo r construction air quality, biological resources, noise, and hazardous materials would remain as major construction activities would still occur for a period of greater than one year due to the size of the Project.

C. Finding: The 20-Foot Setback of Northern Towe r Alternative would meet four of the five Project objectives; however, it would not meet objective 1 which is to provide high density, high-rise housing in the downtown area in excess of 198 units per acre that is accessible to downtown jobs, retail and entertainment and various modes of public transit. This alternative would result in a net decrease of 70 units compared to the proposed Project and w ould provide 345 residential units, which would result in a residential density of 164 dwelling units, which is less than 198 units per acre planned for the site. This alternative would more closely meet Project objective 1 than the Reduced Height of the Northern Tower to 70 Feet and 20-foot Setback Alternative and the Reduced Height of Northern Tower to 160 Feet and 135 Feet Alternative.

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 – No Development Alternative because it would avoid all of the Project’s significant environmental impacts. CEQA NVF:MJV:JMD
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28 T-51008.001/1978651
Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Guidelines Section 15126.6(e)(2) states that “if the environmentally superior alternative is the No Project Alternat ive, the EIR shall also identify an environmentally superior alternative among th e other alternatives .” Therefore, in addition to the No Project Alternative, the Reduced Height of Northern Tower to 70 Feet and 20-foot Setback Alternative is the environmentally superior alternative because it alters the proposed setback, size, scale, proportion, and massing of the building to be more compatible with the St. James Square City Landmark District, and the features such as fenestration and architecture features could be refined further to achieve maximum conformance with the Standards and Guidelines. The significant reduction in height and significant increase in setback would avoid the significant impact of the proposed Norther n Tower to the St. James Square City Landmark District and would also avoid t he Land Use impact related to conflict with plans, policies and regul ation adopted to avoid or mitigate an environmental affect. While the reduction in height for the Northern Tower would help reduce the shade and shadow impact to St. James Pa rk, the Southern Tower would still be 268 feet tall and this alternative would exceed the 10 percent threshold for shade and shadow, and all other identified sign ificant impacts, including those for construction air quality, biological resources, noise, and hazardous materials would remain as major construction activities similar to the Project.

STATEMENT OF OVERRIDING CONSIDERATIONS

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

A. Significant Unavoidable Impact. With respect to the foregoing findings and in recognition of those facts 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 res ources (impacts to the St. James Square City Landmark District) and land use (shade and shadow impacts on St. James Park).

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 t he benefits of the Pr oject outweigh its significant adverse environmental impact of the Project. The City Council finds NVF:MJV:JMD
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29 T-51008.001/1978651
Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. that each of the overriding considerations set forth below constitutes a separate and independent basis for finding that the benefits of the Proj ect outweigh its significant adverse environmental impacts and is an overriding consideration warranting approval of the Project. Thes e matters are supported by evidence in the record that includes, but is not limited to, the Envision San José 2040 General Plan, the Downtown Strategy 2040, and the Downtown Urban Design Guidelines.

C. Benefits of the Project . The City Council has consid ered 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 specifi ed in the Envision San José 2040 General Plan. The Project proposes to significantly intensify an underutilized downtown si te with a mixed-use dev elopment composed of residential and commercial in a pedestrian-friendly design and located in proximity to a variety of servic es, employment centers, educational institutes, and transit, including a planned Bay Area Rapid Transit (BART) station. Plan ning such sites for higher density mixed-use development enables the City to pr ovide economic, employment, and residential benefits consist ent 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 415 residential units, 525,000 square f eet of office space, and 8,500 square feet of ground floor retail. The Project’s location in the Downtown core will allow residents, office wo rkers, and retail employees the opportunity to take advantage of a wide variety of commute options including walking, bicycling, bus and light rail. Focusing residential and commercial growth within the Downtown will support the Plan’s economic, fiscal, environmental, 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 provide a mixed-use environment with up to 415 residential units, 525,000 square feet of office space, and 8,500 square feet of ground floor retail which will aid in maximizing social interaction and furthering the vision of the Envision General Plan.

NVF:MJV:JMD
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30 T-51008.001/1978651
Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

Ground floor retail amenities will not only serve the residents of the development, but also employees and other residents of the Downtown area. The Project’s location in the Downtown will encourage walking for the residents and employees, which will minimize vehicular miles traveled. The Project is located approximately 650 f eet east of the nearest Santa Clara Valley Transporta tion Authority (V TA) Light Rail stop and is served by high-frequency bus service directly adjacent to the Project on East Santa Clara Street. The Project will focus new residential and employment growth in an identif ied Growth Area to maximize use of existing transit infrastructure, provide for more efficient delivery of City services, 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 also build 525,000 square feet of office within the Employment Priority Area overlay established by the Downtown Stra tegy 2040. The purpose of the Employment Priority 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 proposed Project will maximize the development potential and overall density of the parcel. This amount of density will contribute to the Downtown’s growth as a vibrant urban area, and help the City actualize its vision for the Downtown core. The Project has undergone extensive design review so that its scale, quality, and character strengthen Downtown’s status as an urban center.

4. Pedestrian and Bicycle Improvements
The Project applicant will construct bicycle and pedestrian improvements adjacent to the Project site, improving the streetscape in a portion of downtown with heavy vehicle and pedestrian traffic. Improvements include construction of a 21-foot-wide sidew alk and raised bikeway along North Fourth Street; a 16-foot-wide sidew alk with tree wells along East Santa Clara Street; a 12-foot-wide sidewalk with tree wells along St. John Street; and construction of a bulb-out at the northwest and southwest corner of Fourth Street and East Santa Clara Street. These improvements will NVF:MJV:JMD
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31 T-51008.001/1978651
Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022. significantly improve pedestrian and bicycl ist safety at an intersection with heavy traffic.

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

MITIGATION MONITORING AND REPORTING PROGRAM

Attached to this Resolution as Exhibit “A ” and incorporated and adopted as part of this Resolution herein is the Mitigation 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.

//
NVF:MJV:JMD
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32 T-51008.001/1978651
Council Agenda: 11-29-2022
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or CityClerk@sanJoséca.gov for final document.

REVISED – Administrative changes made since original posting on 11/18/2022.

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
Icon-Echo Mixed-Use Project
File Nos. SP21-031, T21-033, & ER21-134
October 2022
EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 1 File Nos.: SP21-031, T21-033, & ER21-134

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 Icon-Echo 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.

Project Applicant’s Signature _____________________________________________ Date___________________________________________________________ EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 3 File Nos.: SP21-031, T21-033, & ER21-134 total shall meet U.S. EPA emission standards for
Tier 3 engines and include particulate matter
emissions control equivalent to CARB Level 3
verifiable diesel emission control devices that
altogether achieves a 77 percent reduction in
particulate matter exhaust.

Use of alternatively fueled or electric equipment.

Stationary cranes and construction generator sets
shall be powered by electricity.

As an alternative to the measures above, the project
applicant could request a plan from a qualified air
quality specialist that reduces on- and near-site
construction diesel particulate matter emissions by a
minimum of 77 percent or greater. The plan shall be
submitted to the City of San José Director of Planning, Building and Code Enforcement ort the Director’s
designee for review and approval prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest).

Enhanced Dust Control Measures: The project
applicant shall implement the following BAAQMD
enhanced dust control requirements during construction
of the project:

All exposed surfaces shall be watered at a
frequency adequate to maintain minimum soil
moisture of 12 percent. Moisture content can be
verified by lab samples or moisture probe.

All haul trucks transporting soil, sand, or other
loose material off-site shall be covered.

All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet power
vacuum street sweepers at least once per day. The
use of dry power sweeping is prohibited.

All vehicle speeds on unpaved roads shall be
limited to 15 miles-per-hour (mph).

All roadways, driveways, and sidewalks to be paved
shall be completed as soon as possible. Building
pads shall be laid as soon as possible after grading
unless seeding or soil binders are used.

All construction equipment shall be maintained and
properly tuned in accordance with manufacturer’s
specifications. All equipment shall be checked bya
EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 4 File Nos.: SP21-031, T21-033, & ER21-134 certified mechanic and determined to be running in
proper condition prior to operation.

Post a publicly visible sign with the telephone
number and person to contact at the Lead Agency
regarding dust complaints. This person shall
respond and take corrective action within 48 hours.

The Air District’s phone number shall also be
visible to ensure compliance with applicable
regulations.

All excavation, grading, and/or demolition activities
shall be suspended when average wind speeds
exceed 20 mph.

Wind breaks (e.g., trees, fences) shall be installed
on the windward side(s) of actively disturbed areas
of construction. Wind breaks should have at
maximum 50 percent air porosity.

Vegetative ground cover (e.g., fast-germinating
native grass seed) shall be planted in disturbed areas
as soon as possible and watered appropriately until
vegetation is established.

The simultaneous occurrence of excavation,
grading, and ground-disturbing construction
activities on the same area at any one time shall be
limited. Activities shall be phased to reduce the
amount of disturbed surfaces at any one time.

All trucks and equipment, including their tires, shall
be washed off prior to leaving the site.

Site accesses to a distance of 100 feet from the
paved road shall be treated with a six to 12-inch
compacted layer of wood chips, mulch, or gravel.

Sandbags or other erosion control measures shall be
installed to prevent silt runoff to public roadways
from sites with a slope greater than one percent.

Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to two minutes. Clear signage
shall be provided for construction workers at all
access points.

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 5 File Nos.: SP21-031, T21-033, & ER21-134

BIOLOGICAL RESOURCES
Impact BIO-1: Construction activities associated with 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 1st 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 the breeding season (February 1
st 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 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 approval of any demolition or grading permits (whichever occurs first), the
applicant shall submit the ornithologist’s report
indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of
Planning, Building and Code Enforcement or Director’s
designee.

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 construction-
free buffer zone around any
discovered nest.

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

Prior to issuance of
any tree removal,
grading, demolition,
and/or building
permit or activities.

Director 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
designated buffer
zones.

Prior to
issuance of any
tree removal,
grading,
demolition,
and/or building
permit or
activities.

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 6 File Nos.: SP21-031, T21-033, & ER21-134

CULTURAL RESOURCES
Impact CUL-1: Construction activities on-site could uncover historic-era archaeological resources associated with pre-1906 earthquake residential and commercial activities.

MM CUL-1.1: Preliminary Investigation. After
demolition of existing above-ground structures and prior to below-grade demolition/excavation activities,
including grading and potholing for utilities, a qualified archaeologist who is trained in both local prehistoric and historical archaeology, 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, shall complete
subsurface exploration at the site, to determine if there are any indications of discrete Native American or
historic-era subsurface archaeological features.

Exploration of historic-era features shall consist of at least one trench mechanically excavated below existing
stratigraphic layers to evaluate the potential for Native American and historic-era resources. If any
archaeological resources are exposed, these should be
briefly documented, tarped for protection, and left in
place. The results of the presence/absence exploration, including any treatment recommendations if any, 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 grading permit.

A qualified archaeologist
who is trained in both local
prehistoric and historical
archaeology, 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, shall complete
subsurface exploration at
the site, to determine if
there are any indications of
discrete historic-era
subsurface archaeological
features.

Briefly document, tarp for
protection, and leave in
place any archaeological
resources that may be
exposed. The qualified
archaeologist shall submit
results of the
presence/absence
exploration, including any
treatment
recommendations, if any.

After demolition of
existing above-
ground structures
and prior to below-
grade demolition/
excavation
activities.

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

Review and
approval of the
results of the
presence/absence
exploration and any
treatment
recommendations.

Prior to
issuance of any
grading
permits.

MM CUL-1.2: Treatment Plan. Based on the findings
of the subsurface testing (MM CUL-1.1), an
archaeological resources treatment plan shall be
A qualified archaeologist in
collaboration with a Native
American representative,
Prior to issuance of
any grading
permits.

Director of the City of
San José Department
of Planning, Building
Review and
approval of the
archaeological
Treatment Plan:

Prior to
issuance of any
EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 7 File Nos.: SP21-031, T21-033, & ER21-134 prepared by 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, if necessary. The
treatment plan shall consist of permit-level detail
pertaining to depths and locations of excavation
activities. The treatment plan shall be prepared and
submitted to the Director of the City of San José
Department of Planning, Building and Code
Enforcement or Director’s designee prior to approval of any grading permits. The treatment plan shall contain, at a minimum:

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

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

Monitoring schedules and individuals.

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

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

Analytical methods.

Report structure and outline of document contents.

Disposition of the artifacts.

Security approaches or protocols for finds.

All Native American and historic-era features identified during exploration shall be evaluated by the qualified
archaeologist. After completion of the field work, all
artifacts shall be cataloged and the appropriate forms
shall be completed and filed with the Northwest
Information Center of the California Archaeological
Inventory at Sonoma State University.

A final report verifying completion of the archaeological resources treatment plan and mitigation program shall be submitted to the Director of Planning, Building and
Code Enforcement or Director’s designee for approval
prior to issuance of any certificate of occupancy. This 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 prepare an
archaeological resources
treatment plan. The
treatment plan shall include
the items identified under
MM CUL-1.2.

Submit a final report
verifying completion of the
archaeological resources
treatment plan and

Final Report: Prior
to release of a
certificate of
occupancy
and Code Enforcement
or Director’s designee.

Director of the City of
San José Department
of Planning, Building
resources treatment
plan.

Review and
approval of the
final report
verifying
grading
permits.

Final Report:

Prior to release
of a certificate
of occupancy
EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 8 File Nos.: SP21-031, T21-033, & ER21-134 report shall contain a description of the mitigation
programs and results of the mitigation, including a
description of the monitoring and testing program, a list of the resources found, a summary of the resources
analysis methodology and conclusions, and a description of the disposition/curation of the resources.
mitigation program to the
Director of Planning,
Building and Code
Enforcement or Director’s
designee for approval.
and Code Enforcement
or Director’s designee.
completion of the
archaeological
resources treatment
plan and mitigation
program.

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Construction activities associated with the proposed project could expose the public and/or the environment to hazardous materials and/or soil, soil vapor, and/or groundwater contamination from existing and former uses of the site (existing gas station and former automobile repair and service, gas station, drycleaner, and lumber businesses).

MM HAZ-1.1: Prior to the issuance of any demolition,
grading, or building permits, whichever occurs first, a geophysical survey shall be prepared by an
environmental professional to identify the potential
presence of underground storage tanks (USTs) below
East Santa Clara Street. Additionally, the two UST vent pipes at the southern corner of the project site shall also be analyzed.

Any identified objects or structures (e.g., the existing USTs, dispensers, and associated piping) shall be
removed in coordination with the San José Fire
Department and the Santa Clara County Department of
Environmental Health (SCCDEH). As part of the
removal, a qualified environmental professional shall
collect soil samples below the existing USTs,
dispensers, and associated piping, as directed under
regulatory oversight by the SCCDEH and/or San José
Fire Department, to determine if leaks have occurred.

The geophysical survey, soil samples, evidence of
regulatory oversight, and confirmation that identified
objects have been removed in accordance with San José
Fire Department and SCCDEH requirements shall be
provided to the City of San José Director of Planning,
Building, and Code Enforcement, or Director’s
designee, and the Environmental Compliance Officer in
the City of San José’s Environmental Services
Department.

An environmental
professional shall perform a
geophysical survey of
project site to identify any
objects or structures for
removal. Any identified
objects or structures shall
be removed in coordination
with the San José Fire
Department and the Santa
Clara County Department
of Environmental Health
(SCCDEH).

An environmental
professional shall collect
soil samples below the
existing USTs, dispensers,
and associated piping, as
directed by the SCCDEH
and/or San José Fire
Department.

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

Director of Planning,
Building and Code
Enforcement or
Director’s designee.

Environmental
Compliance Officer in
the City of San José’s
Environmental
Services Department.

San José Fire
Department and
SCCDEH.

Review results of
geophysical survey.

Coordinate with the
project applicant
for removal of any
identified objects
or structures.

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

MM HAZ-1.2: Prior to issuance of any demolition,
grading or building permit, whichever occurs first, the project applicant shall enroll in the SCCDEH Site
Enroll in the Santa Clara
County Department of
Environmental Health
Prior to the issuance
of any demolition,
grading or building
Director of Planning,
Building and Code
Review evidence of
regulatory
oversight and
Prior to the
issuance of any
demolition,
EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 9 File Nos.: SP21-031, T21-033, & ER21-134 Cleanup Program. The project applicant shall work
under regulatory oversight to determine if additional
Phase II soil, soil vapor and groundwater investigations and remediation are required. The project applicant shall provide documents such as a Site Management Plan,
Removal Action Plan or equivalent plans as required by
the DEH. The Plan(s) and evidence of regulatory
oversight shall be provided to the City of San José
Director of Planning, Building, and Code Enforcement,
or director’s designee, and the Environmental
Compliance Officer in the City of San José’s
Environmental Services Department.
(DEH) Site Cleanup
Program and work under
regulatory oversight to
determine additional Phase
II soil, soil vapor and
groundwater investigations
and any required
remediation.

Provide the plan(s) and
evidence of regulatory
oversight.
permits, whichever
occurs first.

Enforcement or
Director’s designee.

Environmental
Compliance Officer in
the City of San José’s
Environmental
Services Department.

review Site
Management Plan,
Removal Action
Plan or equivalent,
as necessary.
grading or
building
permits,
whichever
occurs first.

MM HAZ-1.3: As part of the facility closure process
for occupants that use and/or store hazardous materials, the project applicant shall ensure that the occupants
submit a closure plan that describes required closure
activities, such as removal of remaining hazardous
materials, cleaning of hazardous material handling
equipment, decontamination of building surfaces, and
waste disposal practices. The facility closure plans shall be submitted to the San José Fire Department and
SCCDEH for review and approval to ensure that the
required closure and any necessary site cleanup
activities are completed prior to the issuance of
demolition, grading, or building permits, whichever
occurs first. Evidence of regulatory oversight and
documentation of facility closure in compliance with
San José Fire Department and SCCDEH requirements
shall be submitted to the City of San José Director of
Planning, Building, and Code Enforcement, or director’s designee, and the Environmental Compliance Officer in
the City of San José’s Environmental Services
Department.

The project applicant shall
ensure that occupants
submit a closure plan and
facility closure shall be
coordinated with the San
José Fire Department and
Santa Clara County
Department of
Environmental Health
(SCCDEH) to ensure that
the required closure
activities are completed
prior to site redevelopment.

Prior to the issuance
of demolition,
grading, or building
permits .

Director of Planning,
Building and Code
Enforcement or
Director’s designee.

Environmental
Compliance Officer in
the City of San José’s
Environmental
Services Department.

San José Fire
Department and
SCCDEH.

Ensure that the
required closure
activities are
completed prior to
site redevelopment.

Prior to the
issuance of
demolition,
grading, or
building
permits.

MM HAZ-1.4: The facility at 147 East Santa Clara
Street previously contained three vehicle service bays
which contained below-grade hydraulic lifts. Prior to
issuance of a grading or building permit, whichever
occurs first, a qualified environmental professional shall document that the lifts and oil-water separator have been removed from the site. In addition, the qualified
environmental professional shall analyze the soils for
potential contamination. Documentation of removal
shall be provided to the City of San José Director of
Planning, Building, and Code Enforcement, and the
An environmental
professional shall document
that the lifts and oil-water
separator have been
removed from the site when
the building is demolished
and analyze the soils for
potential contamination.

Prior to issuance of
a grading or
building permit,
whichever occurs
first .

Director of Planning,
Building and Code
Enforcement or
Director’s designee.

Environmental
Compliance Officer in
the City of San José’s
Environmental
Services Department.

Review
documentation.

Prior to
issuance of a
grading or
building permit,
whichever
occurs first .

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 10 File Nos.: SP21-031, T21-033, & ER21-134 Environmental Compliance Officer in the City of San
José’s Environmental Services Department.

NOISE AND VIBRATION
Impact NOI-1: Mechanical equipment noise levels would exceed the City’s 55 dBA DNL threshold defined in General Plan Policy EC-1.3 at the future residential building located across North Fourth Street to the east of the site (Miro Towers/Res-3).

MM NOI-1.1: Prior to the issuance of any building
permits, mechanical equipment shall be selected and
designed to meet the City’s 55 dBA DNL noise level
requirement at the nearby noise-sensitive land uses. A
qualified acoustical consultant shall be retained to
review the mechanical noise equipment to determine
specific noise reduction measures needed to reduce
equipment noise to comply with the City’s noise level
requirements. Noise reduction measures could include,
but are not limited to, selection of equipment that emits low noise levels and installation of noise barriers, such as enclosures and parapet walls, to block the line-of-
sight between the noise source and the nearest receptors.

Other alternate measures include locating equipment in
less noise-sensitive areas (such as along the building
façades farthest from the nearest residences), where
feasible. The findings and recommendations from the
acoustical consultant for noise reduction measures shall be submitted to the Director of Planning, Building and
Code Enforcement or Director’s designee for review and
approval prior to the issuance of any building permits.

A qualified acoustical
consultant shall review the
mechanical noise
equipment to determine
specific noise reduction
measures needed to reduce
equipment noise to comply
with the City’s 55 dBA
DNL noise level
requirement and submit the
findings and
recommendations for noise
reduction measures.

Prior to the issuance
of any building
permits.

Director of Planning,
Building and Code
Enforcement or
Director’s designee.

Review and
approve the
findings and
recommendations
from the acoustical
consultant.

Prior to the
issuance of any
building
permits.

Impact NOI-2: Construction noise would exceed ambient levels by five dBA for a period of more than one year within 500 feet of residential uses or 200 feet of commercial or office uses, which exceeds the City thresholds defined in General Plan Policy EC-1.7.

MM NOI-2.1: Prior to the issuance of any grading or
demolition permits, whichever occurs first, the project applicant shall submit and implement a construction
noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting and
notification of construction schedules, equipment to be used, and designation of a noise disturbance coordinator.

The noise disturbance coordinator shall respond to
neighborhood complaints and shall be in place prior to
the start of construction and implemented during
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
Prior to the issuance
of any grading or
demolition permits,
whichever occurs
first.

Director of 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,
whichever
occurs first.

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 11 File Nos.: SP21-031, T21-033, & ER21-134 construction to reduce noise impacts on neighboring
residents and other uses. The noise logistics plan shall be submitted to the Director of Planning, Building and
Code Enforcement or Director’s designee prior to the
issuance of any grading or demolition permits for review and approval, whichever occurs first.

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

Construction shall 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
noise disturbance
coordinator.

Implement the standard
noise control measures
listed under MM NOI-2.1.

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 12 File Nos.: SP21-031, T21-033, & ER21-134 disturbance coordinator would be conspicuously
posted at the construction site.

Impact NOI-3: Construction vibration levels would exceed the City thresholds defined in General Plan Policy EC-2.3 of 0.08 in/sec PPV for historic buildings within 61 feet of the project site.

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 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 a 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.) shall be submitted
to the Director of Planning, Building or 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. Phase demolition, earth-moving, and
ground impacting operations so as not to occur
during the same time period.

Use of heavy vibration-generating construction
equipment shall be prohibited within 61 feet of
Prepare and implement a
Construction Vibration
Monitoring Plan (Plan) to
document conditions prior
to, during, and after
vibration generating
construction activities
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 to the
Director of Planning,
Building and Code
Enforcement or Director’s
designee and the City’s
Historic Preservation
Officer for review and
approval. The Plan shall
include the measures
identified under MM NOI-

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

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

Review and
approval of the
Plan and
monitoring reports.

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

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 13 File Nos.: SP21-031, T21-033, & ER21-134 historic buildings and buildings eligible for listing
as historic, if feasible.

Document conditions at all historic structures
located within 61 feet of construction 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:

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 approached the limits.

If vibration levels approach limits, construction
shall be suspended and contingency measures shall
be implemented to lower vibration or secure affect
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.

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 14 File Nos.: SP21-031, T21-033, & ER21-134 Conduct a post-survey on the structure where either
monitoring has indicated high levels or 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.

TRIBAL CULTURAL RESOURCES
Impact TCR-1: Construction activities associated with the proposed project could result in the disturbance of previously undocumented tribal cultural resources due to a known village site in the immediate project vicinity.

MM TCR-1.1: Sensitivity Training. Prior to issuance
of any grading permits, the project applicant shall
submit evidence to the Director of Planning, Building
and Code Enforcement or the Director’s designee that an Archaeological Monitoring Contractor Awareness
Training was held prior to ground disturbance. The
training shall be facilitated 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.

Submit evidence that an
Archaeological Monitoring
Contractor Awareness
Training was held 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 grading
permits.

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

Review evidence. Prior to
issuance of any
grading
permits.

MM TCR-1.2: Monitoring. A qualified Native
American monitor, 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, in collaboration with a qualified archeologist, shall also be present during all earthmoving activities such as, but not limited to, trenching, initial or full grading, lifting of foundation, boring on site, or major landscaping.

A qualified Native
American monitor,
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, in collaboration
with a qualified
archeologist shall be
present on-site.

During all
earthmoving
activities.

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

Written
confirmation by
Native American
monitor and
archaeologist that
they were present
during all
earthmoving
activities.

During all
earthmoving
activities.

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)
Page | 15 File Nos.: SP21-031, T21-033, & ER21-134 Source: City of San José. Draft SEIR (June 2022) and 1st Amendment to Draft SEIR for the Icon-Echo Mixed-Use Project.

EXHIBIT "A"
(File Nos. SP21-031; T21-033; HP21-007)

San Jose City CouncilNovember 29, 2022

San Jose City Council
November 29, 2022