MITIGATION MONITORING AND REPORTING PROGRAM
San José Fountain Alley Mixed-Use Project
File Nos. H20-037 & ER20-242
October 2022
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 1 File Nos.: H20-037 & ER20-242
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 San José Fountain Alley 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. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 2 File Nos.: H20-037 & ER20-242
Fountain Alley Mixed-Use Project
File Nos. H20-037 & ER20-242
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
AIR QUALITY
Impact AIR-1: Construction activities associated with the proposed project would expose the project maximum exposed individuals (MEIs) to a cancer risk of 32.44 cases per one million (for infants) and a maximum-annual PM2.5 concentration of 0.46 µg/m3 which exceeds BAAQMD significance thresholds of 10 cases per one million for cancer risk and 0.3 µg/m3 for PM2.5, respectively.
MM AIR-1.1: Prior to the issuance of any demolition,
grading and/or building permits (whichever occurs
earliest), the project applicant shall prepare and submit a construction operations plan that includes specifications of the equipment to be used during construction to the
Director of Planning, Building and Code Enforcement
or the Director’s designee. The plan shall be
accompanied by a letter signed by a qualified air quality specialist, verifying that the equipment included in the plan meets the standards set forth below.
For all construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total, use equipment
that meet U.S. Environmental Protection Agency
(EPA) Tier 4 Final emission standards for
particulate matter (PM10 and PM2.5).
If Tier 4 equipment is not available, all construction
equipment larger than 25 horsepower used at the
site for more than two continuous days or 20 hours
total shall meet U.S. EPA emission standards for
Tier 3 engines and include particulate matter
Submit a construction
operations plan and a letter
signed by a qualified air
quality specialist, verifying
that the equipment included
in the plan meets the
standards defined in MM
AIR-1.1.
Prior to issuance of
any demolition,
grading, or building
permits (whichever
occurs earliest).
Director of Planning,
Building and Code
Enforcement or
Director’s designee.
Review and
approve
construction
operations plan and
letter for
compliance with
standards.
Prior to
issuance of any
demolition,
grading, or
building
permits
(whichever
occurs earliest).
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 3 File Nos.: H20-037 & ER20-242
emissions control equivalent to CARB Level 3
verifiable diesel emission control devices that
altogether achieve
a 70 percent reduction in
particulate matter exhaust in comparison to
uncontrolled equipment.
Use of alternatively fueled or electric equipment.
Stationary cranes and construction generator sets
shall be powered by electricity.
Alternatively, the project applicant could develop a plan that reduces on- and near-site construction diesel
particulate matter emissions by a minimum of 70
percent or greater. The plan shall be reviewed and
approved by the Director of Planning or Director’s
designee of the City of San José Department of
Planning, Building and Code Enforcement prior to the
issuance of any demolition, grading, or building permits (whichever occurs earliest).
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.
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 shall 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 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 qualified ornithologist
shall submit a report
indicating the results of the
survey and any designated
buffer zones to the Director
of Planning, Building and
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. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 4 File Nos.: H20-037 & ER20-242
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 an 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.
Code Enforcement or
Director’s designee.
CULTURAL RESOURCES
Impact CUL-1: Project ground disturbing activities could result in a substantial adverse change in the significance of unknown archaeological resources.
MM CUL-1.1: Cultural Sensitivity Training. Prior to
issuance of any grading permit, the project applicant
shall be required to submit evidence that a Cultural
Awareness Training program has been provided to
construction personnel. The training shall be facilitated by a qualified archaeologist in collaboration with a
Native American representative registered with the
Native American Heritage Commission 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.
A qualified archaeologist in
collaboration with a Native
American representative
shall facilitate a Cultural
Awareness Training for
construction personnel.
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
Review and
approve evidence
that a Cultural
Awareness
Training has been
provided to
construction
personnel
Prior to any
ground
disturbing
activities or
issuance of any
grading, or
building
permits
MM CUL-1.2: Sub-Surface Monitoring. A qualified
archaeologist, in collaboration with a Native American
monitor, registered with the Native American Heritage
Commission 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 also be present during applicable
earthmoving activities including, but not limited to,
trenching, initial or full grading, lifting of foundation, boring on site, or major landscaping. Prior to issuance of any tree removal, grading, demolition, and/or building
permit or activities, the applicant shall notify the
Director of Planning, Building, and Code Enforcement,
or Director’s designee, of grading and construction dates and activities that a qualified archeologist and Native American monitor would be present on the project site
Notify the Director of
Planning, Building, and
Code Enforcement, or
Director’s designee, of
grading and construction
dates and activities that a
qualified archeologist and
Native American monitor
would be present on the
project site during.
Prior to the issuance
of any tree removal,
grading, demolition,
and/or building
permit or activities.
Director of Planning,
Building, and Code
Enforcement or
Director’s designee
Review dates and
activities that
qualified
archeologist and
Native American
monitor would be
present on the
project
Prior to
issuance of any
tree removal,
grading,
demolition,
and/or building
permit or
activities.
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 5 File Nos.: H20-037 & ER20-242
during.
MM CUL-1.3: Treatment Plan. A qualified
archeologist in collaboration with a Native American
monitor, registered with the Native American Heritage
Commission 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 prepare a treatment plan that reflects
permit-level detail pertaining to depths and locations of excavation activities. The treatment plan shall be
prepared and submitted to the Director of Planning,
Building, and Code Enforcement or Director’s designee
prior to the issuance 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.
Appendices: all site records, correspondence, and
consultation with Native Americans, etc.
The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources.
A qualified archaeologist in
consultation with a Native
American representative
shall prepare a treatment
plan that reflects permit-
level detail pertaining to
depths and locations of
excavation activities.
Prior to issuance of
any grading
permits.
Director of Planning,
Building, and Code
Enforcement or
Director’s designee.
Review and
approve the
archaeological
treatment plan
Prior to
issuance of any
grading
permits.
MM CUL-1.4: Evaluation. The project applicant shall
notify the Director of Planning, Building, and Code
Enforcement or the Director’s designee of any finds
during grading or other construction activities. Any
historic or prehistoric material identified in the project Notify the oversight officer
of any finds of cultural
resources
During grading or
other construction
activities
Director of Planning,
Building, and Code
Enforcement or
Director’s designee
Evaluate materials
for eligibility for
listing in the
California Register
During the
preliminary
field
investigation,
grading, or
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 6 File Nos.: H20-037 & ER20-242
area during excavation activities shall be evaluated for eligibility for listing in the California Register of
Historic Resources as determined by the California
Office of Historic Preservation. Data recovery methods
may include, but are not limited to, backhoe trenching, shovel test units, hand augering, and hand-excavation.
The techniques used for data recovery shall follow the
protocols identified in the approved treatment plan. Data recovery shall include excavation and exposure of
features, field documentation, and recordation. All
documentation and recordation shall be submitted to the Northwest Information Center, and the Director of
Planning, Building, and Code Enforcement or the
Director’s designee.
of Historic
Resources as
determined by the
California Office of
Historic
Preservation
other
construction
activities HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Construction activities associated with the proposed project could expose construction workers and nearby land uses to soil and/or groundwater contamination (e.g., tetrachloroethene) from the former coffee roaster business.
MM HAZ-1.1: Prior to the issuance of any demolition
or grading permit(s), the project applicant shall retain a qualified environmental professional to conduct a Phase II soil, soil gas and/or groundwater investigation to
determine if the soil, soil gas, and groundwater from
former uses of the site have contaminants in
concentrations above established construction/trench
worker and residential or commercial Regional Water
Quality Control Board Environmental Screening Levels
(ESLs). If the Phase II results indicate soil, soil gas and/or groundwater contamination above regulatory
environmental screen levels, the project applicant must enter into the Santa Clara County Department of
Environment Health (SCCDEH) Site Cleanup Program
(SCP) to obtain regulatory oversight from SCCDEH.
Any further investigation and remedial actions must be
performed under regulatory oversight to mitigate the
contamination and make the site suitable for the
proposed residential development. A report of the
findings and of applicable regulatory oversight will be provided to the Director of Planning, Building and Code Enforcement or Director’s designee and the Municipal
Compliance Officer of the City of San José
Environmental Services Department for review.
Retain a qualified
environmental professional
to conduct a Phase II soil,
soil gas and/or groundwater
investigation.
If the Phase II results
indicate soil, soil gas and/or
groundwater contamination
above regulatory
environmental screen
levels, the project applicant
must enter into the Santa
Clara County Department
of Environment Health
(SCCDEH) Site Cleanup
Program (SCP) to obtain
regulatory oversight from
SCCDEH.
Prior to the issuance
of any demolition or
grading permits.
Director of Planning,
Building and Code
Enforcement or
Director’s designee
and the Municipal
Compliance Officer of
the City of San José
Environmental
Services Department,
and SCCDEH.
Review findings
report.
Prior to the
issuance of any
demolition or
grading
permits.
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 7 File Nos.: H20-037 & ER20-242
MM HAZ-1.2: If soil, soil gas, or groundwater
contamination is identified, the project applicant shall implement appropriate management procedures, such as
removal of the contaminated soil and implementation of
a Site Management Plan (SMP), Removal Action
Workplan (RAP), or equivalent document under
regulatory oversight from the SCCDEH or State
Department of Toxic Substances Control (DTSC).
Copies of all environmental investigations shall be
submitted to the Director of Planning, Building and
Code Enforcement or Director’s designee and the
Supervising Environmental Compliance Officer in the
City of San José’s Environmental Services Department.
The SMP shall be prepared by a qualified hazardous
materials consultant and include the following:
Management practices for handling contaminated
soil or other materials if encountered during
construction or cleanup activities and measures to
minimize dust generation, stormwater runoff, and
tracking of soil off-site.
Preliminary Remediation Goals (PRGs) for
environmental contaminants of concern to evaluate
the site conditions following SMP implementation.
A health and safety plan (HSP) for each contractor
working at the site that addresses the safety and
health hazards of each site operation phase,
including the requirements and procedures for
employee protection. The HSP shall outline proper
soil handling procedures and health and safety
requirements to minimize work and public exposure
to hazardous materials during construction.
The SMP shall be prepared and submitted to SCCDEH
or DTSC for review and approval prior to issuance of
grading permits and commencement of cleanup
activities. The approved SMP shall detail procedures
and protocols for management of soil containing
environmental contaminants during site development
activities.
The approved SMP or No Further Action letter (or
equivalent assurance) from SCCDEH or DTSC
documenting completion of cleanup activities shall be
If soil, soil gas, or
groundwater contamination
is identified, the project
applicant shall implement
appropriate management
procedures, such as
removal of the
contaminated soil and
implementation of a Site
Management Plan (SMP),
Removal Action Workplan
(RAP), or equivalent
document under regulatory
oversight from the
SCCDEH or State
Department of Toxic
Substances Control
(DTSC).
The SMP shall be
submitted to SCCDEH or
DTSC.
Prior to the issuance
of any grading
permits and
commencement of
cleanup activities.
Director of Planning,
Building and Code
Enforcement or
Director’s designee
and the Supervising
Environmental
Compliance Officer in
the City of San José’s
Environmental
Services Department.
Review all
environmental
investigations.
Review and
approval of SMP or
No Further Action
letter (or equivalent
assurance).
Prior to the
issuance of any
grading
permits.
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 8 File Nos.: H20-037 & ER20-242
provided to the Director of Planning, Building and Code Enforcement or Director’s designee prior to issuance of any grading permit.
NOISE AND VIBRATION
Impact NOI-1: Construction noise would exceed ambient levels of 64 to 69 dBA Leq by five dBA or more for a period of more than one year.
MM NOI-1.1: 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
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.
As part of the noise logistic plan, construction activities for the proposed project shall include, but is not limited to, the following best management practices:
The 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.
Prohibit unnecessary idling of internal combustion
engines. Staging areas and stationary noise-
generating equipment shall be located as far as
possible from sensitive receptors (a minimum of
200 feet, where feasible).
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.
Submit the
construction noise
logistics plan for
review prior to the
issuance of any
grading or
demolition permits.
Implement plan
during all phases of
construction.
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.
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 9 File Nos.: H20-037 & ER20-242
The surrounding neighborhood within 500 feet shall
be notified early and frequently of the construction
activities.
Utilize “quiet” air compressors and other stationary
noise sources where technology exists.
A “noise disturbance coordinator” shall be
designated to respond to any complaints about
construction noise. The disturbance coordinator
shall determine the cause of the noise complaint
(e.g., beginning work too early, bad muffler, etc.)
and will require that reasonable measures be
implemented to correct the problem. A telephone
number for the disturbance coordinator shall be
conspicuously posted at the construction site and
include it in the notice sent to neighbors regarding
the construction schedule.
Impact NOI-2: Construction vibration levels would exceed the 0.08 in/sec PPV threshold by 0.13 in/sec PPV for historic buildings within 60 feet of the project site.
MM NOI-2.1: Prior to 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 for review and approval prior to issuance of
any demolition, grading, or building permit, whichever
occurs earliest. The Plan shall include, but not be limited to, the following measures:
A description of measurement methods, equipment
used, calibration certificates, and graphics as
required to clearly identify vibration-monitoring
locations.
A list of all heavy construction equipment to be
used for this project known to produce high
vibration levels (e.g., clam shovel drops, vibratory
rollers, hoe rams, large bulldozers, caisson drillings, Submit and implement a
Construction Vibration
Monitoring Plan (Plan) to
document conditions prior
to, during, and after
vibration generating
construction activities. All
Plan tasks shall be
undertaken under the
direction of a licensed
Professional Structural
Engineer in the State of
California and be in
accordance with industry-
accepted standard methods.
Submit the Plan for
review prior to
issuance of any
demolition, grading,
or building permits,
whichever occurs
earliest.
Director of Planning,
Building and Code
Enforcement or
Director’s designee.
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. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 10 File Nos.: H20-037 & ER20-242
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 60 feet of any
adjacent building (where possible).
Document conditions at all historic structures
located within 60 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:
o Vibration limits shall be applied to vibration-
sensitive structures located within 60 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
historic structure within 60 feet of construction
activities. Surveys shall be performed prior to
any construction activity, in regular intervals
during construction, and after project
completion. The surveys shall include internal
and external crack monitoring in the structure,
settlement, and distress, and shall document the
condition of the foundation, walls and other
structural elements in the interior and exterior
of the structure.
Develop a vibration monitoring and construction
contingency plan to identify structures where
monitoring would be conducted, set up a vibration
monitoring schedule, define structure-specific
vibration limits, and address the need to conduct
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 11 File Nos.: H20-037 & ER20-242
photo, elevation, and crack surveys to document
before and after construction conditions.
Construction contingencies shall be identified for
when vibration levels approach the limits.
At a minimum, vibration monitoring shall be
conducted during demolition and excavation
activities.
If vibration levels approach limits, construction
shall be suspended and contingency measures shall
be implemented to lower vibration or secure
affected structures.
Designate a person responsible for registering and
investigating claims of excessive vibration. The
contact information of such person shall be clearly
posted on the construction site.
Conduct a 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. The survey shall be submitted to the City
of San José Director of Planning, Building and
Code Enforcement or the Director’s designee.
MM NOI-2.2: Prior to commencement of any
construction activities, including any ground disturbing activities, the project applicant shall prepare and
implement a Historical Resources Protection Plan
(HRRP) that provides measures and procedures to
protect nearby historic resources from direct or indirect impacts during construction activities (i.e., due to
damage from operation of construction equipment,
staging, and material storage).
The HRRP shall be prepared by a qualified Historic
Architect and reviewed and approved by the Historic
Preservation Officer or equivalent of the City of San
José Department of Planning, Building and Code
Enforcement prior to demolition and Public Works
clearance, including any ground-disturbing work. The
project applicant shall ensure the construction contractor follows the HRRP while working near these historic
resources. At a minimum, the plan shall include:
A qualified Historic
Architect shall prepare and
implement a Historical
Resources Protection Plan
(HRRP) that provides
measures and procedures to
protect nearby historic
resources from direct or
indirect impacts during
construction activities.
Prior to
commencement of
any construction
activities, including
any ground
disturbing activities.
Historic Preservation
Officer or equivalent
of the City of San José
Department of
Planning, Building and
Code Enforcement
Review and
approve HRRP.
Prior to
demolition and
Public Works
clearance,
including any
ground-
disturbing
work.
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 12 File Nos.: H20-037 & ER20-242
Guidelines for operation of construction equipment
adjacent to historical resources;
Means and methods to reduce vibrations levels from
excavation and construction;
Requirements for monitoring and documenting
compliance with the HRRP; and
Education/training of construction workers about
the significance of the adjacent historical resources.
Impact NOI-2.3: The Historic Architect shall establish
a “Monitoring Team” comprised of at least one qualified Historic Architect and one qualified structural engineer for the duration of the site monitoring process. The
Monitoring Team shall monitor the adjacent historical
resources and any changes to existing conditions shall be reported, including, but not limited to, expansion of
cracks, new spalls, or other exterior deterioration during construction phase and any changes to the existing
conditions shall be reported.
In addition, the Monitoring Team shall prepare a site
visit report documenting all site visits. The Monitoring Team shall submit the site visit reports and documents to the City’s Historic Preservation Officer no later than one week after each reporting period (as defined by the
HRRP). The City’s Historic Preservation Officer shall
determine the frequency of the reporting period. The
structural engineer shall consult with the Historic
Architect if any problems related to the character-
defining features of the historic resources occur. The
Director of Planning, Building and Code Enforcement or
the Director’s designee and the Historic Preservation
Officer of the City of San José Department of Planning, Building and Code Enforcement may request any
additional number of site visits at their discretion.
If, in the opinion of the Monitoring Team, substantial
adverse impacts related to construction activities are
found during construction, the Monitoring Team shall
inform the project applicant (or the applicant’s
designated representative responsible for construction
activities), the Director of Planning, Building and Code Enforcement or the Director’s designee, and the Historic Preservation Officer of the potential impacts
immediately. The project applicant shall implement the
Historic Architect shall
establish a “Monitoring
Team” comprised of at
least one qualified Historic
Architect and one qualified
structural engineer for the
duration of the site
monitoring process.
Prepare a site visit report
documenting all site visits
and submit the reports and
documents to the City’s
Historic Preservation
Officer no later than one
week after each reporting
period (as defined by the
HRRP).
The Monitoring Team shall
submit a final document
associated with monitoring
and repairs after
completion of the
construction activities.
Submit the reports
and documents to
the City’s Historic
Preservation Officer
no later than one
week after each
reporting period (as
defined by the
HRRP).
Submit final
documentation after
completion of the
construction
activities prior to
the issuance of any
Certificate of
Occupancy
(temporary or final).
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Historic Preservation
Officer of the City of
San José Department
of Planning, Building
and Code Enforcement
Review reports
after each reporting
period and final
documentation.
Prior to the
issuance of any
Certificate of
Occupancy
(temporary or
final).
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 13 File Nos.: H20-037 & ER20-242
Source: City of San José. Draft SEIR. Fountain Alley Mixed-Use Project. June 2022.
Monitoring Team’s recommendations for corrective
measures, including halting construction in situations
where construction activities would imminently
endanger historic resources. In the event of damage to a nearby historic resource during construction, the project applicant shall ensure that repair work is performed in compliance with the Secretary of the Interior’s
Standards for the Treatment of Historic Properties and
shall restore the character-defining features in a manner that does not affect the structure’s historic status. The Monitoring Report shall also include, but is not limited to, the following:
Summary of the construction progress;
Identification of substantial adverse impacts related
to construction activities;
Problems and potential impacts to the historical
resources during construction activities;
Recommendations to avoid any potential impacts;
Actions taken by the project applicant in response to
the problem;
Progress and the level of success in meeting the
applicable Secretary of the Interior’s Standards for
the Treatment of Historic Properties for the project
as noted above for the character-defining features,
and in preserving the character-defining features of
nearby historic properties; and
Inclusion of photographs to explain and illustrate
progress.
In addition, the Monitoring Team shall submit a
final document associated with monitoring and
repairs after completion of the construction
activities to the Director of Planning, Building and
Code Enforcement or the Director’s designee and
the Historic Preservation Officer of the City of San
José Department of Planning, Building and Code
Enforcement prior to the issuance of any Certificate
of Occupancy (temporary or final).
EXHIBIT "A"
(File Nos. H20-037; ER20-242)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.