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RESOLUTION NO._______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE CERTIFYING THE 550 E AST BROKAW PROJECT
ENVIRONMENTAL IMPACT REPORT AND MAKING
CERTAIN FINDINGS CONCERNING SIGNIFICANT
IMPACTS, MITIGATION MEASURES, AND
ALTERNATIVES, AND ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS AND A RELATED
MITIGATION MONITORING AND REPORTING PROGRAM,
ALL IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AS AMENDED
WHEREAS, the City of San José (City) acting as the lead agency under the California Environmental Quality Act of 1970, together with State and local guidelines implementing said Act, all as amended to date (collectively “CEQA”), prepared the Environmental Impact Report (EIR) for the 550 E. Brokaw Project (Planning File Nos. H21-005, T21-005 and ER21-018), and
WHEREAS, the EIR analyzed the environmental impacts of the demolition of an existing approximately 213,626- square foot commercial building and the removal of 274 trees (210 ordinance-size, 64 non-ordinance-size) for the construction of seven office buildings totaling approximately 1,924,110 square feet and two par king structures totaling approximately 1,647,920 square feet on an approximatel y 19.70-gross acre site located at 550 E. Brokaw Road (APN: 237-08-079) in the City of San José, (collectively referred to herein as the “Project”); and
WHEREAS, an Environmental Impact Report was prepared for the Project and concluded that implementation of the Project could result in a significant impact on the Transportation resource (Vehicle Miles Traveled per Employee) under CEQA; and
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WHEREAS, the City is the lead agency for the Project, and has prepared a Final Environmental Impact Report for the Project pursuant to and in accordance with CEQA, which the Final Environmental Impact Report is comprised of the Draft Environmental Impact Report f or the Project (the “Draft EIR”), together with the Initial Study as an appendix to the Draft EIR (collectively, all of said documents are referred to herein as the “FEIR”); and
WHEREAS, the FEIR concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would reduce those significant effects to a less -than-significant level with the exception of one (Transportation resource - Vehicle Miles Traveled per Employee); and WHEREAS, CEQA requires that, in connection with approval of a project for which an environmental impact report has been prepared that identifies one or more significant environmental effects of the project, the decision- making body of a public agency make certain findings regarding those effects and adopt avoidance measures to minimize impacts consistent with City policies and requirements and a statement of overriding considerations for any impact that may not be reduced to a less than significant level; and WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of San José as lead agency for the Project (the “Mitigation Monitoring and Reporting Program”); and WHEREAS, on ____, the Planning Commission of the City of San José reviewed the EIR prepared for the Project, and recommended to the City Council that it find s that the EIR NVF:VMT:DJF
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was completed in accordance with the requirements of CEQA and further recommended the City Council adopt this Resolution; and
WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and WHEREAS, CEQA requires that, in connection with the approval of a project for which an environmental impact report has been prepared which identifies one or more significant environmental effects of the project, the decision- making body of a public agency make certain findings regarding those effects and adopt a mitigation or monitoring program and overriding statement of consideration for any impact that may not b e reduced to a less than significant level.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL 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 FEIR has been prepared and completed in compliance with CEQA; and
3. That the City Council was presented with, and has independently reviewed and analyzed, the FEIR and other information in the recor d and has considered the information contained therein, including the written and oral comments received at the public hearings on the FEIR and the Project, prior to acting upon and approving the Project, and has found that the FEIR represents the independent judgment of the City, as lead agency for the Project, and designates the Director of Planning, Building and Code Enforcement at the Director’s office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and record of proceedings on which the decision of the City is based; and
4. That t he City Council does hereby find and recognize that the FEIR contains additions, clarifications, modifications, and other information in its response to comments on the Draft EIR or obtained by the City after the Draft EIR was issued and circulated for public review and does hereby find that such changes and additional information are not significant new information as that phrase is described under CEQA because such chang es and additional information do not indicate that any of the following would result from approval and implementation of NVF:VMT:DJF
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the Project: (i) any new significant environmental impact or substantially more severe environmental impact not already disclosed and evaluated in the Draft EIR, (ii) any feasible mitigation measure considerably different from those analyzed in the FEIR 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 F EIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented; and
5. That the City Council does hereby find and determine that recirculation of the FEIR for further public review and comment is not warranted or required under the provisions of CEQA; and
6. The City Council does hereby make the following findings with respect to the significant effects of the environment of the Project, as identified in the FEIR, with the understanding that all of the information in this Resolution is intended as a summary of the full administrative record supporting the FEIR, which full administrative record should be consulted for the full details supporting these findings.
550 E. BROKAW PROJECT
SIGNIFICANT ENVIRONMENTAL IMPACTS
Biological Resources
Impact: Impact BIO-1: Development of the Project will result in impacts to nesting birds, if present on or adjacent to the Project site at the time of construction.
Mitigation: MM BIO-1.1: Prior to the issuance of any demolition, grading, tree removal or building permits (whichever occurs first), the Project applicant shall confirm the initial site disturbance (demolition and/or construction activities) is scheduled to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1 through August 31 (inclusive).
MM BIO -1.2: If tree removal, demolition and construction cannot be scheduled between September 1 and January 31 (inclusive), pre- construction surveys for nesting birds shall be completed by a qualified NVF:VMT:DJF
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ornithologist to ensure that no nests are disturbed during Project implementation. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February 1 through April 30 inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1 through August 31 inclusive). During this survey, the qualified ornithologist shall inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests.
MM BIO-1.3 If an active nest is found sufficiently close to work areas to be disturbed by construction, the qualified ornithologist shall determine the extent of a construction free buffer zone to be established around the nest to ensure that bird nests shall not be disturbed during Project construction.
MM BIO -1.4 Prior to any tree removal, or approval of any grading or demolition permits (whichever occurs first), the qualified ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the City’s Director of Planning or Director’s designee of the Department of Planning, Building and Code Enforcement.
Finding: With implementation of the above mitigation, the Project developer will be required to obtain a qualified ornithologist prior to the commencement of construction activities if construction activities occur within the bird nesting season. The qualified ornithologist would be present during the bird nesting season if the Project is under construction, conduct surveys and bas eline monitoring, and designate buffers so as to protect any active nests within the Project area. This would reduce the potential significant adverse impacts on nesting birds to a less than significant level. (Less Than Significant Impact with Mitigation Incorporated).
Facts in Support of Finding: Mature trees and other ornamental landscaped vegetation within and adjacent to the Project site may provide nesting habitat for migratory birds. Raptors and their nests are protected under the Migratory Bird Treaty Act of 1928 and California Fish and Game Code. The removal of trees that may provide nesting habitats would be a significant impact that requires Mitigation Measures MM BIO-1.1 through MM BIO-1.4 to protect potentially occurring nesting birds and reduce the impact to a less than significant level. Implementation of Mitigation Measures MM BIO -1.1 through MM BIO-1.4 will ensure that if construction cannot avoid the nesting season, any nesting birds on the Project site and immediately adjacent to NVF:VMT:DJF
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the Project site are identified, and buffer zones around the trees with nests are established to ensure that the nests are protected during cons truction activities.
Cultural Resources
Impact: Impact CUL-1: Construction activities on the Project site could potentially result in the disturbance of archaeological resources pursuant to CEQA Guidelines Section 15064.5.
Mitigation: MM CUL-1.1: Following the demolition of the existing buildings and parking lot and prior to excavation or construction 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 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 of the site, to determine if there are any indications of discrete historic -era subsurface archaeological features. Exploring for historic -era features shall consist of at least one trench mechanically to evaluate the potential for Native American and historic era resources. Excavation depths shall be commensurate with the deepest proposed development impacts. 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. Based on the findings of the subsurface testing, an archaeological resources treatment plan as described in MM CUL-1.2 shall be 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 and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, if necessary.
MM CUL -1.2 Treatment Plan : If required by MM CUL-1.1, the Project applicant shall retain a qualified archaeologist to prepare a treatment plan in consultation with the tribal representative that reflects detail pertaining to depths and locations of excavation activities. The treatment plan shall be NVF:VMT:DJF
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prepared and submitted to the Director of the 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:
i. Identification of the scope of work and range of subsurface ef fects (including location map and development plan), including requirements for preliminary field investigations.
ii. Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel (potential ran ge of what might be found).
iii. Monitoring schedules and individuals.
iv. Development of research questions and goals to be addressed by the investigation (what is significant vs. what is redundant information). v. Detailed field strategy to record, recover, or avoid the finds and address research goals.
vi. Analytical methods.
vii. Report structure and outline of document contents. viii. Disposition of the artifacts.
ix. Security approaches or protocols for finds.
x. Appendices: all sit e records, correspondence, and consultation with Native Americans, etc. Implementation of the plan, by a qualified archaeologist, shall be required prior to the issuance of any grading permits. The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources.
MM CUL-1.3 Evaluation: The Project applicant shall notify the Director of Planning, Building, and Code Enforcement or Director’s designee of any finds during the preliminary field investigation, grading, or other construction activities. Any historic or prehistoric material identified in t he Project area during the preliminary field investigation or 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 NVF:VMT:DJF
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Information Center and Native American Heritage Commission (NAHC) Sacred Land Files, and/or equivalent prior to the issuance of an occupancy permit. A copy of the evaluation shall be submitted to Director of Planning, Building, and Code Enforcement or Director’s designee
Finding: I mplementation of mitigation measures MM CU L-1.1 through CUL-1.3 and the standard permit conditions presented under Impact CUL -1 will be implemented and w ill require subsurface exploration of the site after the demolition of the existing building and surface parking lots to determine if a cultural treatment plan should be prepared for implementation during all ground disturbing activities. These mitigation measures will ensure potential impacts to subsurface archaeological resources are reduced to a less than significant level . ( Less Than Significant Impact with Mitigation Incorporated)
Facts in Support of Finding: The Archaeological Literature Search prepared by Holman & Associates for the Project and previous archaeological studies of the Project site and surrounding area have not discovered archaeological resources on or within 0.25 mile of the Project site. However, due to the Project site’s proximity to Coyote Creek (approximately 650 feet northeast of the site), the Project site has a moderate to high sensitivity for subsurface archaeological resources. Construction activities could significantly impact archaeological resources, if they are encountered. Implementation of the mitigation measures and standard permit conditions presented for Impact CUL-1 would reduce the significance of this potential impact to a less than significant level. Additional mitigation measures specific to tribal cultural resources are discussed under “Tribal Cultural Resources” below.
Hazards and Hazardous Materials
Impact: HAZ-1: Due to the agricultural history, there is a potential that the shallow soil on -site contains residual organochlorine pesticides and/or pesticide - based metals arsenic and lead from historic pesticide application. If pesticides are present above commercial/industrial screening levels and not mitigated, construction of the Project could result in exposure of construction workers, adjacent properties and future site workers to pesticide contamination.
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Mitigation: HAZ-1.1: Prior to issuance of any demolition or grading permits, the Project applicant shall take shallow soil samples in the near surface soil in the Project area and tested for organochlorine pesticides and pesticide -based metals arsenic and lead to determine if contaminants from previous agricultural operations occur at concentrations above established construction worker safety and commercial/industrial regulatory environmental screening levels. The result of soil sampling and testing shall be provided to the Director of Planning, Building and Code Enforcement or Director’s designee and the City of San José Municipal Environmental Compliance Officer. If pesticide contaminated soils are found in concentrations above the appropriate regulatory environmental screeni ng levels for the Project, the Project applicant shall obtain regulatory oversight from the Santa Clara County Department of Environmental Health (or Department of Toxic Substances Control) under their Site Cleanup Program. A Site Management Plan (SMP), Removal Action Plan (RAP), or equivalent document must be prepared by a qualified hazardous materials consultant. The plan must establish remedial measures and/or soil management practices to ensure construction worker safety and the health of future workers and visitors. The Plan and evidence of regulatory oversight shall be provided to the Director of Planning, Building and Code Enforcement or D irector’s designee, and the Environmental Compliance Officer in the City of San José’s Environmental Services Department.
Finding: Implementation of Mitigation Measure HAZ-1.1 will reduce potential impacts to construction workers, adjacent uses, and the environment from contaminants such as organochlorine pesticides, herbicides, and fertilizers associated with the historic agricultural use of the sites to less than significant levels. (Less than Significant Impact with Mitigation)
Facts in Support of the Finding: As described in Section 3.9.1.2 Existing Conditions of the DEIR, the Project site was historically used for agricultural purposes until the 1960’s. Historic agricultural use can result in residual contamination due to prior application of organochlorine pesticides, herbicides, and fertilizers. When soil disturbance occurs, if pesticides are present, they can become airborne and pose a health hazard to construction workers, nearby sensitive receptors, and the environment.
Implementation of mitigation measure MM HAZ-1.1 will require soil samples to be taken and tested for the presence of organochlorine pesticides and pesticide-based metals. If pesticide contaminated soils are found above NVF:VMT:DJF
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screening thresholds the Project applicant will prepare a Site Management Plan and Health and Safety Plan to guide activities during ground disturbing activities to ensure that potentially contaminated soils are identified, removed, and disposed of property. Implementation of the measure w ill ensure any contaminated soils on- site would be identified, removed, and disposed of properly prior to ground- disturbing activities thus preventing exposure of construction workers, adjacent uses, and the environment to any soil contaminants encountered during the construction of the Project.
Noise
Impact: N OI-1.1: Development of the Project would involve substantial noise- generating activities which would exceed the ambient noise environment for more than 12 months within 200 feet of commercial uses.
Mitigation: MM NOI-1.1: Prior to issuance of any demolition or grading permits, a qualified acoustical consultant shall prepare a construction noise logistics plan specifying the hours of construction as well as the noise and vibration minimization measures to be implemented during the Project’s construction.
Posting or notification of construction schedules is required to be in place prior to the start of construction and implemented during construction to reduce noise impacts on surrounding uses. The construction noise logistics plan shall require, but not be limited to, the following:
• The contractor shall use “new technology” power construction equipment with state-of-the art noise shielding and muffling devices. • Commercial properties within 500 feet shall be notified, in writing and provided a written schedule of “noisy” construction activities. • Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint ( e.g., bad muffler, etc.) and require that reasonable measures be implemented to correct the problem. The telephone number for the disturbance coordinator shall be conspicuously posted on the construction site and included in the notification sent to neighbors regarding the construction schedule.
Finding: Implementation of Mitigation Measure NOI-1.1, will reduce impacts related to temporary noise level increase due to the construction of the Project by NVF:VMT:DJF
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requiring that a construction noise logistics plan be provided to minimize disruption and annoyanc e and reduce construction noise emanating from the site. With implementation of the logistics plan to manage construction noise, the temporary noise increase in ambient levels would be less than significant. This mitigation would be implemented by the applicant and would be required to be in place prior to issuance of any ground disturbing or grading permits. (Less than Significant Impact with Mitigation Incorporated)
Facts in Support of Finding: Policy EC -1.7 of the City’s General Plan considers a significant construction noise impact to occur if a project is located within 500 feet of a residential use or within 200 feet of a commercial or office use and would involve substantial noise-generating activities continuing for a period of more than 12 months. Construction of the Project will occur within 200 feet of office uses and is expected to last approximately 92 months, which exceeds the 12 -month construction noise threshold pursuant to General Plan Policy EC-1.7.
To comply with MM NOI-1 .1, the applicant must submit and implement a construction noise logistics plan that includes the following: noise and vibration minimization measures, posting and notification of construction schedules to commercial properties within 500 feet of the site, equipment to be used, and designation of a noise disturbance coordinator. The noise logistic plan shall be submitted to the Director of Planning, Building and Code Enforcement or Director’s designee prior to the issuance of any grading or demolition permits. Implementation of Mitigation Measure N OI-
1.1 would reduce noise impacts to a less than significant level.
Transportation/Traffic
Impact: Impact TRN-1.1: The Project will generate 15 vehicle miles traveled (VMT) per employee, which will exceed the City’s significance threshold of 12.21 VMT per employee.
Mitigation: MM TRN-1.1:
Prior to the issuance of any occupancy permits (temporary or final), The Project applicant shall prepare and implement a Public Improvement Plan that includes multi -modal improvements to be implemented and schedules for completing the improvements. The pla n shall be submitted to the Director of Public Works or Director’s designee for NVF:VMT:DJF
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review and approval. The plan shall include the following multi -modal improvements:
• Expand the Reach of Bicycle Access with Investment in Infrastructure (Tier 2): The Project shall implement bicycle facilities that close gaps in the bicycle network and/or improve the existing bicycle network ( e.g., construct barrier or buffer for an existing bicycle lane). The Project applicant shall also be required to implement protected/buffered bicycle lanes along Brokaw Road and Junction Avenue on the opposing side of or beyond the Project frontages. At the intersection of Brokaw Road and Junction Avenue, the Project applicant shall complete protected intersection signal modifications that include striped bicycle lanes adjacent to all crosswalks and installation of corner islands in addition to the removal of the pork chop islands (described in the next bullet, below).
• Increase Transit Accessibility to Improve Last Mile Transit Connections (Tier 2): The Project applicant shall improve transit accessibility for the Project to shorten last-mile connections for pedestrians and bicyclists by enhancing access to transit, which shall facilitate the use of transit by people traveling to/from the Project site, resulting in a mode shift. The Project applicant shall be required to remove the pork chop island at the northwest corner of the Junction Avenue/Brokaw Road intersection to allow for the relocation of the existing Route 60 bus stop from its current location east of Rogers Avenue to just west of Junction Avenue (on the far side of westbound Brokaw Road). This mitigation requires the construction of a sidewalk between
the relocated bus stop and the
existing sidewalk on the north side of Brokaw Road for pedestrian connectivity to the Junction Avenue/Brokaw Road intersection. The Project applicant shall work with VTA staff to identify the specific placement of the re -located bus stop along Brokaw Road and improvement of the eastbound bus stop on its frontage.
• Improve Network Connectivity/Design (Tier 2): The Project applicant shall signalize its southern Project driveway on Junction Avenue. The new signal provides an additional controlled crossing point along Junction Avenue south of Brokaw Road for pedestrians and bicyclists. • Provide Bi cycle Parking/End of Trip Bi cycle Facilities (Tier 3): The Project applicant shall provide on- site shower facilities with lockers. In addition, the Project applicant shall be required to provide bicycle parking that meets or exceeds the City’s requirements for both short - and long-term bicycle parking.
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MM TRN-1.2: Prior to the issuance of any occupancy permits (temporary or final), the Project applicant shall submit and implement a final Transportation Demand Management Plan (TDM), approved by the Director of Department of Public Works or Director’s designee and the Director of Planning, Building and Code Enforcement, or Director’s designee, that shall include implementation of one the following TDM measures to reduce the Project’s VMT.
• Telecommuting and Alternative Work Schedules: Encourage employees to telecommute from home when possible, or to shift work schedules such that travel occurs outside of peak congestion periods. At a minimum, the measure would require that 50 percent of employees work a 4/40 schedule (10- hour workdays for four days a week) or an equivalent alternative work schedule.
• Operate a Free Direct Shuttle: Provide direct shuttle service to the Project site from areas with high concentrations of employees. At a minimum, the measure would require at least 20 percent participation by employees.
• Subsidize Vanpool: Provide subsidies for individuals forming new vanpools for their commute. The Project would be required to subsidize 100 percent of the cost of the vanpools with at least 15 percent employee participation.
MM TRN-1.3: On-Site Coordinator and Annual Monitoring. Prior to the issuance of any building permit, a first draft of the TD M shall be submitted.
The Project applicant shall include an annual monitoring requirement establishing an average daily trip cap of 1,841 AM peak-hour trips and 1,825 PM peak hour trips or 15,463 daily trips. The annual monitoring shall be prepared by a traffic engineer and report must demonstrate the Project is within 10% of the ADT cap. If the Project is not in conformance with the trip cap, the Project applicant shall implement additional TDM measures to meet the trip cap. A follow up report shall be required within six months of the l ast approved TDM if the Project is still out of conformance, and penalties shall be assessed in accordance with Council Policy 5- 1. The applicant shall identify a TDM coordinator for the Project who will be responsible for resubmitting the annual monitoring reports to the Director of Planning, Building and Code Enforcement or the Director’s Designee and the Director of Public Works or Director’s Designee for the life of the Project.
Finding: The City’s CEQA significant threshold for general employment use VMT is
12.21 VMT per employee. Implementation of Mitigation Measures MM TR- NVF:VMT:DJF
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1.1 through MM TRN-1.3 will, at a maximum, reduce the Project’s VMT per employee from 15 VMT to 12.30 VMT per employ ee. Accordingly, the Project-level VMT will still exceed the City’s significant threshold and this will constitute a significant and unavoidable impact. (Significant and Unavoidable)
Facts in Support of Finding: The City’s Transportation Policy identifies an impact threshold of 15 percent below the regional average per employee VMT of
14.37. Therefore, the Project will result in a significant impact if it results in VMT that exceeds per employee VMT of 12.21.
As stated above, t he results of the VMT evaluation, using the City’s VMT Evaluation Tool, indicate that the Project is Projected to generate 15 VMT per employee, which exceeds the established impact threshold. Therefore, the proposed office component of the Project could be considered inconsistent with CEQA G uidelines section 15064.3, subdivision (b). With implementation of MM TRN-1.1 through TRN-1.3, the Project’s VMT will be reduced to a maximum of 12.30 VMT per employee. Mitigation measures TRN-1.1 through TRN -1.3 require preparation and implementation of a Transportation Demand Management (TDM) plan with annual monitoring and multi-modal improvements including the installation of protected bicycle lanes along Brokaw Road and Junction Avenue, removal of the pork chop islands and bus stop relocation, new signal with pedestrian and bicycle controlled crossing point, and the provision of bicycle parking, on -site shower facilities, and lockers on the Project site.
These bicycle and pedestrian improvements and implementation of the TDM Plan will enhance multi-modal connections in the Project area, increasing transit accessibility and encouraging people to walk, bicycle, and take transit more frequently, thereby reduci ng VMT to the maximum reduction possible, 12.30.
However, because VMT would remain above the threshold of 12.21 VMT per employee with mitigation, this VMT impact is considered immitigable.
Therefore, the Project will result in a significant and unavoidable VMT impact. Per City Council Policy 5-1, the City Council may adopt a statement of overriding considerations. The override will be applicable to the VMT that cannot be mitigated and will include either the construction or funding of multimodal transpor tation system improvements via a VMT Impact Overriding Fee.
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Tribal Cultural Resources
Impact: Impact TCR-1: Development of the Project could potentially result in impacts to undiscovered tribal cultural resources.
Mitigation: MM TCR-1.1: Tribal Monitoring. Prior to the issuance of any demolition, grading, and/or building permits (whichever occurs earliest), a qualified Native American Tribal monitor, 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 be present during applicable earthmoving activities such as, but not limited to, trenching, initial or full grading, lifting of foundation, or boring on site. Evidence of a monitoring agreement shall be provided to the Director of Planning, Building and Code Enforcement or Director’s Designee.
MM TCR-1.2: Cultural Sensitivity Training: Prior to the issuance of any demolition, grading, and/o r building permits (whichever occurs earliest), a qualified Native American Tribal representative, registered with the NAHC for the City of San José and that is traditionally and culturally affiliated with the geographic area, shall provide at least one cultural sensitivity training to construction personnel prior to the initial ground -breaking activities.
Evidence of the training shall be submitted to the Director of Planning, Building and Code Enforcement or Director’s Designee.
Finding: Implementation of mitigation measures MM CUL -1.1 through CUL-1.3 and the standard permit conditions presented under Impact CUL -1 will be implemented. Additionally, mitigation measures MM TCR-1.1 and MM TCR-
1.2 will ensure potential impacts to subsurfa ce arc haeological and tribal cultural resources are reduced to a less than significant level. (Less Than Significant Impact with Mitigation Incorporated)
Facts in Support of Finding: AB 52 consultation requests were made by Tamien Nation and Indian Canyon Band of the Costanoan People for the Project .
Accordingly, the City consulted with each nation to understand the Project and potential tribal cultural resources on site. Tamien Nation identified concerns the Project ’s ground disturbing activities could encounter subsurface archaeological resources due to the moderate to high sensitivity NVF:VMT:DJF
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of the site and requested appropriate mitigation to reduce those potential impacts.
Implementation of mitigation measures MM CUL-1.1 through MM CUL-1.3, which will require subsurface exploration of the site after the demolition of the existing building and surface parking lots to determine if a cultural treatment plan should be prepared for implementati on during all ground disturbing activities . Additionally, im plementation of mitigation measures MM TCR-1.1 and MM TCR-1.2 will require a Native American tribal monitor be present during ground disturbance activities and that a cultural sensitivity training be provided to all construction personnel. Tribal monitoring, a cultural sensitivity training, and the subsurface exploration and the appropriate cultural treatment plan will reduce any potential impacts to tribal cultural resources to a less than significant level. Tamien Nation concurred with the presented mitigation measures. I mplementation of the City’s Standard Permit Conditions identified under Impact CUL- 1, mitigation measures MM CUL-1.1 through MM CUL-1.3, and mitigation measures MM TCR-1.1 and MM TCR -1.2 w ill ensure any impacts to any subsurfac e archaeological and tribal cultural resources associated with the construction of the Project are reduced to a less than significant level.
FINDINGS CONCERNING ALTERNATIVES
In order to comply with the purposes of CEQA, it is important to identify alternatives that reduce the significant impacts that are anticipated to occur if the Project is implemented and to try to meet as many of the Project’s objectives as possible. The CEQA Guidelines emphasize a common-sense approach -- the alternatives should be reasonable, should “foster informed decision making and public participation,” and should focus on alternatives that avoid or substantially lessen the significant impacts.
The objectives for the Project are as follows:
1. Provide an office development of approximately 1.9 million square feet, consistent with the Combined Industrial/Commercial land use designations of the Envision San José 2040 General Plan, to accommodate anticipated growth in North San José.
2. Develop the site with new, high- quality office buildings that will attract companies to the City of San José, both to create and retain local jobs and foster on-going job growth capacity.
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3. Develop uses that are compatible with the surrounding land uses and further support and diversify the economic and employment goals of the greater North San José district.
4. Support San José’s Environmental Stewardship goals by providing modern LEED buildings with sustainable energy and water usage, natural ventilation, and EV parking.
The alternatives analyzed in the FEIR were developed with the goal of being at least potentially feasible, given Project objectives and site constraints, while avoiding or reducing the Project’s identified environmental effects. Four alternatives were considered but rejected from further anal ysis. The following three alternatives were evaluated as alternatives to the Project:
1. No Project, No Development Alternative
2. No Project, Redevelopment Alternative
3. Industrial Development Alternative
1. No Project, No Development Alternative
A. Description of Alternative
The CEQA Guidelines [§15126(d)4] require that an EIR specifically discuss a “No Project” alternative, which shall address both “the existing conditions, as well as what will be reasonably expected to occur in the foreseeable future if the Project is not approved, based on current plans, and consistent with available infrastructure and community services.” This Alternative will retain the existing land uses and building on‐site as is; the project would not be built . Under this alternative, it was assumed the 293,906-square feet of existing development will be re-occupied by a retail or office use similar to the previous use of the site.
B. Comparison of Environmental Impacts
Under this alternative the Project site would not be redeveloped and it is assumed that the site will be re-occupied by a similar use that does not increase the number of employees on the site. Accordingly, the No Project, No Development Alternative would avoid the construction and operational impacts associated with the Project.
The No Project , No Development Alternative would avoid all the Project’s environmental impacts to biology, cultural resources, hazards and hazardous materials, noise, transportation, and tribal cultural resources , since the alternative would not result in a change to existing conditions the Project.
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C. Finding
Although the No Project, No Development Alternative would avoid the significant impacts on the biology, cultural resources, hazards and hazardous materials, noise, transportation, and tribal cultural resources, this alternative would not meet any of the Project objectives. The alternative would not accommodate the anticipated growth of the North San José area or create local jobs and foster on- going job growth capaci ty in the City. Although the existing development is compatible with surrounding land use, the site is currently underutilized and would not support the City’s economic and employment goals to the same extent as the Project. Lastly, the existing building does not meet LEED standards or include green building design elements, as proposed by the Project . Therefore, this alternative is rejected.
2. No Project, Redevelopment Alternative
A. Description of Alternative
Under this alternative, it is assumed the Project site would be redeveloped with an alternative development that is consistent with what is allowed under the City’s CIC Combined Industrial/Commercial General Plan designation and CIC Combined Industrial/Commercial Zoning District for the site. The site’s General Plan and Zoning would permit commercial, office, or industrial developments or a compatible mix of these uses with a maximum 12.0 floor -area ratio (FAR) (equivalent to 10,298,112 square feet of development) and a maximum height of 120 feet at the Project site. Based on this height limitation and other design restrictions, such as setbacks, developing up to the maximum allowable FAR is not achievable at the Project site. Furthermore, the Project ’s buildings are already constructed to the maximum 120-foot height. As such, it is likely that under the No Project, Redevelopment Alternative, the Project site would be developed with a similar development to what is already being proposed. A development with a greater FAR is possible under this alternative; however, this would require moving the proposed structured parking garages belowground in order to meet parking requirements established in the City’s Municipal Code, likely making this option not environmentally superior due to the increased construction activity and increased operational impacts from more employees and vehicles. Therefore, for the purpose of this analysis, the No Project, Redevelopment Alternative is assumed to be comparable in size to the Project.
B. Comparison of Environmental Impacts
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The No Project, Redevelopment Alternative would impact nesting birds as trees would be removed for the redevelopment, cultural and tribal cultural resources as the Project would continue to potenti ally impact undiscovered archaeological resources, the hazardous materials impact would remain since the alternative would continue to propose ground disturbing activities on potentially contaminated soils, the construction of the alternative would likely result in similar construction noise impacts and the alternative would not reduce the VMT impact.
C. Finding
The No Project, Redevelopment Alternative would result in similar significant impacts on the biology, cultural resources, hazards and hazardous materials, noise, transportation, and tribal cultural resources as the Project . The Alternative would meet all the project objectives because it would construction a similar sized Project with a use compatible to the surrounding land uses and would likely be designed to meet and support the Environmental Stewardship goals of the C ity.
However, because the alternative would result in similar significant impacts as the project; the alternative would not be environmentally superior to the Project.
Therefore, this alternative is rejected.
3. Industrial Development Alternative
A. Description of Alternative
Under the Industrial Development Alternative, the project site would be developed with an industrial development of approximately 300,400 square feet (equivalent to a FAR of 0.4, the maximum allowed by the North San José Are a Development Policy (NSJADP) outside the North First Street Corridor). Pursuant to City Council Policy 5-1 and the City’s 2018 Transportation Analysis Handbook, industrial developments located within a Mitigable VMT Area would have a significant but mitigable VMT impact. For this reason, an Industrial Development Alternative is considered.
Pursuant to Municipal Code Section 20.50.010, allowable uses under this alternative would range from industrial park (manufacturing, assembly, and testing) to light industrial (warehousing, wholesaling, and light manufacturing). This alternative assumes that as required by the City’s Private Sector Green Building Policy, any industrial development that occurs under this alternative would be certified LEED Silver.
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B. Comparison of Environmental Impacts
The project site is located within a Mitigable VMT area for industrial uses, pursuant to the City’s VMT per Industrial job map. Therefore, in comparison to the office use proposed by the project, the Industrial Development Alternative would have a less than significant impact with implementation of mitigation measures which is a lesser impact than the project’s significant and unavoidable VMT impact.
Demolition of the existing building on -site and construction of a 300,400 square foot industrial development would likely occur over a period of 13 months or longer, and therefore would result in a reduced construction-related noise impact (but still significant and requiring mitigation) compared to the Project. Similarly, since demolition and construction would affect trees that could provide nes ting bird habitat and disturb potentially contaminated soil, the Industrial Development Alternative would require mitigation comparable to what is already imposed on the Project. Based on the scale of the Industrial Development Alternative, and assuming compliance with all requisite Federal, State, and local requirements, this alternative would not result in any new significant impacts and would avoid the significant and unavoidable impacts that would occur under the .
C. Finding
Since the Industrial Development Alternative would result in the construction of a 300,400 square foot industrial development as opposed to a 1.9 million office development, this alternative would fail to meet objective one. Although this alternative would not devel op the site with new high- quality office buildings, it would still partially meet objective two to a lesser extent, since it would create local jobs (ranging between approximately 463 to 859 employees) and foster on -going job growth capacity consistent with the 3,000 jobs anticipated in the NSJADP for the portion of North San José outside of the North First Street Corridor. The industrial park and light -industrial uses that would be developed under the Industrial Development Alternative are consistent with the surrounding land uses and the intended use of the site set forth in the General Plan and NSJADP; therefore, this alternative would also be somewhat consistent with objective three, although not to the extent as the Project. As the Industrial Development Alternative would be certified LEED Silver and would be required to provide the requisite number of clean air and electric vehicle supply equipment charging stations required by the City’s Municipal Code, this alternative would support the City’s Environmental Stewardship goals and achieve objective four. The Industrial Development Alternative would result in a reduced VMT impact in comparison with the Project, and comparable impacts related to nesting birds, disturbance of potentially contaminated soil, and construction duration. This alternative would not meet objective one, but would partially meet objective two and three, and fully meet objective four. Therefore, this alternative is rejected.
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Environmentally Superior Project
The environmentally superior alternative would be No Project , No Development Alternative, which would avoid all project impacts. However, this alternative would achieve none of the project objectives. CEQA Guidelines Section 15126.6 (e)(2) states that “if the environmentally superior alternative is the No Project Alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.
Therefore, the next environmentally superior alternative would be the Industrial Development Alternative since it would result in a significant but mitigable VMT impact, whereas the Project will result in a significant and unavoidable VMT impact. Additionally, this alternative would result in reduced construction impacts due to the shorten construction schedule. This alternative meet s the project objectives , but to a lesser degree.
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to the provisions of CEQA, the City Council of the City of San José hereby adopts and makes the following statement of overriding considerations regarding the remaining significant and unavoidable impact of the Project as outlined above and the anticipated economic, social, and other benefits of the Project.
A. Significant Unavoidable Impact.
With respect to the foregoing findings and in
recognition of those facts which are included in the record, the City has determined the Project has significant unmitigated or unavoidable impacts, as set forth above, associated with project vehicle miles traveled.
B. Overriding Considerations. The City Council specifically adopts and makes this Statement of Overriding Considerations that this Project has eliminated or substantially lessened all significant effects on the environment where feasible, and finds that the remaining significant, unavoidable impact of the Project is acceptable in light of the economic, legal, environmental, social, technological or other considerations noted below, because the benefits of the Project outweigh the significant and adverse impacts of the Project. The City Council finds that each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Project outweigh its significant adverse environmental impacts and is an overriding consideration warranting approval of the Project. These matters are supported by evidence in the record that includes, but is not limited to, the Envision San José 2040 General NVF:VMT:DJF
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Plan, ActivateSJ Strategic Plan, the San José Bike Plan 2025 and Climate Smart San José.
C. Benefits of the Project. The City Council has considered the public record of proceedings on the Project and other written materials presented to the City as well as oral and written testimony at all hearings related to the Project, and does hereby determine that implementation of the Project as specifically provided in the Project documents would result in the following substantial public benefits:
• Develop approximately 6,404 jobs in the North San José Area: The project will increase the number of employees that will support existing and proposed commercial and retail uses in the North San José area.
• Provide Multi-modal and Public Improvements: The development’s design incorporates paseos and plazas that will enhance circulation through the site and sidewalk improvements to enhance the surrounding neighborhood. Public improvements include modifications to the East Brokaw Road/Junction Avenue intersection, bust stop improvements, the construction of a 12- foot-wide sidewalk along East Brokaw Road, a 10- foot-wide sidewalk along Junction Avenue, and the construction of Class IV bike lanes along both project frontages. The project will plant 508 (24-inch box) trees on site, exceeding the replacement requirement for the development. The project will contribute approximately $3,320,896 towards the US -101/Oakland/Mabury Transportation Development Policy to upgrade the US -101/Oakland Interchange and construct the US-101/Mabury interchange. • Increase Economic Development: The Project will advance the goals of the Envision San José 2040 General Plan by adding approximately 1.9 million square feet of office space in the North San José area. • Further Envision San José 2040 General Plan Strategies, Goals, and Policies:
o Major Strategy #4 – Innovation/Regional Employment Center and Land Use Policy LU-1.1: The project will develop the North San José site with
1.9 million square feet of office space to support San José’s growth as center of innovation and regional employment . The high- quality development will include seven new office buildings connected through a series of roadways, walkways, and paseos; growing San José’s role as an employment center. The increase in commercial square footage will support the increase in the City’s jobs-to-employed resident ratio. o Land Use and Employment Policy IE-1.5: The redevelopment of the site will provide a high-intensity commercial office development within a growth area NSJADP and located near existing transportation infrastructures, a NVF:VMT:DJF
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major freeway (Interstate 880). The project will facilitate the intensification of employment activities and increase the City’s tax base.
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 FEIR, and hereby determines that those benefits outweigh the risks and adverse environmental effects of the Project and, therefore, further determines that these risks and adverse environmental effects are acceptable and overridden.
MITIGATION MONITORING AND REPORTING PROGRAM
Attached to this Resolution as Exhibit “A” and incorporated and adopted as part of this Resolution herein is the Mitigation Monitoring and Reporting Program (MMRP) for the Project required under Section 21081.6 of the CEQA Statute and Section 15097(b) of the CEQA Guidelines. The MMRP identifies impacts of the Project, corresponding mitigation, designation for responsibility for mitigation implementation and the agency responsible for the monitoring action.
LOCATION AND CUSTODIAN OF RECORDS
The documents and other materials that constitute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the Department of Planning, Building and Code Enforcement, 200 East Santa Clara Street, Third Floor Tower, San José, CA 95113.
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ADOPTED this ____ day of _________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, CMC
City Clerk
MITIGATION MONITORING AND REPORTING PROGRAM
550 E. Brokaw Development
File No. H21-005 & T21-005
November 2022
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
550 E. Brokaw Project / File No. H21-005
& T21-005
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
BIOLOGICAL RESOURCES
Impact BIO-1: Development of the proposed project would result in impacts to nesting birds, if present on or adjacent to the project site at the time of construction.
MM BIO-1.1: Prior to the issuance of any demolition,
grading, tree removal or building permits (whichever
occurs first), the project applicant shall confirm the
initial site disturbance (demolition and/or construction) is scheduled to avoid the nesting season. The nesting
season for most birds, including most raptors in the
San Francisco Bay area, extends from February 1
through August 31 (inclusive).
Notify the City’s
Supervising Environmental
Planner of approximate start
and end date of site
disturbance activities.
Prior to any tree
removal or the
issuance of any
demolition, grading,
and/or building
permits (whichever
occurs earliest).
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.
Confirm start of
construction
activities is outside
of nesting season.
Prior to any tree
removal or the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest).
MM BIO-1.2: If tree removal, demolition and
construction cannot be scheduled between September 1
and January 31 (inclusive), pre-construction surveys
for nesting birds shall be completed by a qualified
ornithologist to ensure that no nests are disturbed
during project implementation. This survey shall be
completed no more than 14 days prior to the initiation
of construction activities during the early part of the breeding season (February 1 through April 30
inclusive) and no more than 30 days prior to the
initiation of these activities during the late part of the breeding season (May 1 through August 31 inclusive).
The qualified ornithologist
to complete pre-construction
surveys in accordance with
MM BIO-1.2. If active nests
are discovered close to work
areas, MM BIO-1.3 shall be
initiated. The results of the
pre-construction surveys
shall be described in the
report required by MM BIO-
1.4. Prior to any tree
removal or the
issuance of any
demolition, grading,
and/or building
permits (whichever
occurs earliest).
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.
Receive the
ornithologist
report.
Prior to any tree
removal or the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest).
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
During this survey, the qualified ornithologist shall
inspect all trees and other possible nesting habitats
immediately adjacent to the construction areas for
nests.
MM BIO-1.3: If an active nest is found sufficiently
close to work areas to be disturbed by construction, the ornithologist shall determine the extent of a
construction free buffer zone to be established around
the nest to ensure that bird nests shall not be disturbed during project construction.
The qualified ornithologist
shall determine the extent of
a construction free buffer
zone to be established
around the nest to ensure
that bird nests shall not be
disturbed during project
construction. The
construction free buffer
zones shall be described in
the report required by MM
BIO-1.4.
Prior to any tree
removal or the
issuance of any
demolition, grading,
and/or building
permits (whichever
occurs earliest).
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.
Receive the
ornithologist
report.
Prior to any tree
removal or the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest).
MM BIO-1.4: Prior to any tree removal, or approval of
any grading or demolition permits (whichever occurs
first), the qualified ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the City’s Director of Planning,
Building and Code Enforcement or the Director’s
designee.
Following completion of
MM BIO-1.2 and MM BIO-
1.3, the qualified
ornithologist shall submit a
report indicating the results
of the survey and any
designated buffer zones to
the City’s Director of
Planning, Building and Code
Enforcement or the
Director’s designee.
All measures shall be printed
on all construction
documents, contracts, and
project plans.
Prior to any tree
removal or the
issuance of any
demolition, grading,
and/or building
permits (whichever
occurs earliest).
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.
Receive the
ornithologist report
for consistency
with MM BIO-1.2
through MM BIO-
1.4. Prior to any tree
removal or the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest).
CULTURAL RESOURCES
Impact CUL-1: Construction activities on the project site could potentially result in the disturbance of archaeological resources pursuant to CEQA Guidelines Section 15064.5.
MM CUL-1.1: Following the demolition of the
existing buildings and parking lot and prior to
excavation or construction 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
A qualified archaeologist
shall complete subsurface
exploration. Native
American monitors shall be
present.
Following
demolition of the
existing buildings
and parking lot and
prior to issuance of
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.
Confirm that
mechanical
subsurface
investigations are
completed.
Prior to the
issuance of any
grading permits.
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 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, shall complete subsurface exploration
of the site, to determine if there are any indications of discrete historic-era subsurface archaeological features.
Exploring for historic-era features shall consist of at least one trench mechanically to evaluate the potential for Native American and historic era resources.
Excavation depths shall be commensurate with the
deepest proposed development impacts. 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. Based on the findings of the subsurface testing, an
archaeological resources treatment plan as described in MM CUL-1.2 shall be 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 and that
is traditionally and culturally affiliated with the
geographic area as described in Public Resources Code
Section 21080.3, if necessary.
MM CUL-1.2: Treatment Plan. If required by MM
CUL-1.1, the project applicant shall retain a qualified archaeologist to prepare a treatment plan in
consultation with the tribal representative that reflects 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
approval of any grading permits. The treatment plan
shall contain, at a minimum:
i. Identification of the scope of work and range
of subsurface effects (including location map
Retain a qualified
archaeologist to prepare a
treatment plan in
consultation with the tribal
representative.
any grading
permits.
If required by MM
CUL-1.1, following
mechanical
subsurface
investigations and
prior to the issuance
of any grading
permits.
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.
Review and
approve Treatment
Plan.
Prior to the
issuance of any
grading permits.
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. and development plan), including
requirements for preliminary field
investigations.
ii. Description of the environmental setting (past
and present) and the historic/prehistoric
background of the parcel (potential range of
what might be found).
iii. Monitoring schedules and individuals
iv. Development of research questions and goals
to be addressed by the investigation (what is
significant vs. what is redundant information).
v. Detailed field strategy to record, recover, or
avoid the finds and address research goals.
vi. Analytical methods.
vii. Report structure and outline of document
contents.
viii. Disposition of the artifacts.
ix. Security approaches or protocols for finds.
x. Appendices: all site records, correspondence,
and consultation with Native Americans, etc.
Implementation of the plan, by a qualified
archaeologist, shall be required prior to the
issuance of any grading permits. The
treatment plan shall utilize data recovery
methods to reduce impacts on subsurface
resources.
MM CUL-1.3: Evaluation. The project applicant shall
notify the Director of Planning, Building, and Code
Enforcement or Director’s designee of any finds during
the preliminary field investigation, grading, or other
construction activities. Any historic or prehistoric
material identified in the project area during the
preliminary field investigation and 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
Notify the Director of
Planning, Building, and
Code Enforcement or
Director’s designee of any
finds during the preliminary
field investigation, grading,
or other construction
activities.
Evaluate any historic or
prehistoric material
identified during excavation
activities. Submit the
evaluation report to the
Director of Planning,
Building and Code
Enforcement or Director’s
designee.
If required,
following
mechanical
subsurface
investigations and
prior to the issuance
of any grading
permits.
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.
Review evaluation
report.
Prior to the
issuance of any
grading permits.
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. features, field documentation, and recordation. All
documentation and recordation shall be submitted to
the Northwest Information Center and Native
American Heritage Commission (NAHC) Sacred Land
Files, and/or equivalent prior to the issuance of an
occupancy permit. A copy of the evaluation shall be
submitted to the Director of Planning, Building, and
Code Enforcement or Director’s designee.
HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Due to the agricultural history, there is a potential that the shallow soil on-site contains residual organochlorine pesticides and/or pesticide-based metals arsenic and lead from historic pesticide application. If pesticides are present above commercial/industrial screening levels and not mitigated, construction of the project could result in exposure of construction workers, adjacent properties and future site workers to pesticide contamination.
MM HAZ-1.1: Prior to issuance of any demolition or
grading permits, the project applicant shall
take shallow soil samples in the near surface soil in the proposed project area and tested for organochlorine
pesticides and pesticide-based metals arsenic, and lead to determine if contaminants from previous agricultural operations or lead derived from nearby traffic occur at concentrations above established construction worker
safety and commercial/industrial regulatory
environmental screening levels or if special handling or disposal is necessary. Agricultural sampling would be
conducted in accordance with DTSC’s 2008 Interim
Guidance for Sampling Agricultural Properties (Third
Revision). The result of soil sampling and testing shall be provided to the Director of Planning Building and
Code Enforcement or director’s designee and
Municipal Environmental Compliance Officer.
If pesticide contaminated soils are found in
concentrations above the appropriate regulatory
environmental screening levels for the proposed
project, the project applicant shall obtain regulatory
oversight from the Santa Clara County Department of
Environmental Health (or Department of Toxic
Substances Control) under their Site Cleanup Program.
A Site Management Plan (SMP), Removal Action Plan
(RAP), or equivalent document must be prepared by a
qualified hazardous materials consultant. The plan
Conduct soil sampling and
testing and submit results to
the Director of Planning
Building and Code
Enforcement or Director’s
designee and Municipal
Environmental Compliance
Officer.
If contaminated soils are
found, prepare a SMP, RAP,
or equivalent document
under the oversight of Santa
Clara County Department of
Environmental Health (or
Department of Toxic
Substances Control).
Prior to the issuance
of any demolition or
grading permits
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
City of San José
Environmental
Compliance Officer
Santa Clara County
Department of
Environmental Health
Receive the soil
sampling and
testing results and
review for
compliance with
MM HAZ-1.1.
Review and
approve Site
Management Plan
and oversee
remediation
activity.
Prior to the
issuance of any
demolition or
grading permits.
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. must establish remedial measures and/or soil
management practices to ensure construction worker
safety and the health of future workers and visitors.
The Plan and evidence of regulatory oversight shall be
provided to the Director of Planning Building and
Code Enforcement or Director’s designee, and the
Environmental Compliance Officer in the City of San
José’s Environmental Services Department.
NOISE AND VIBRATION
Impact NOI-1.1: Development of the project would involve substantial noise-generating activities which would exceed the ambient noise environment for more than 12 months within 200 feet of commercial uses.
MM NOI-1.1: Prior to issuance of any demolition or
grading permits, a qualified acoustical consultant shall prepare a construction noise logistics plan specifying
the hours of construction as well as the noise and
vibration minimization measures to be implemented
during the project’s construction. Posting or
notification of construction schedules is required to be in place prior to the start of construction and
implemented during construction to reduce noise
impacts on surrounding uses. The construction noise
logistics plan shall require, but not be limited to, the following:
• The contractor shall use “new technology”
power construction equipment with state-of-
the-art noise shielding and muffling devices.
• Commercial properties within 500 feet shall
be notified in writing and provided a written
schedule of “noisy” construction activities.
• Designate a “disturbance coordinator” who
shall be responsible for responding to any
complaints about construction noise. The
disturbance coordinator shall determine the
cause of the noise complaint (e.g. bad muffler,
etc.) and require that reasonable measures be
implemented to correct the problem. The
telephone number for the disturbance
coordinator shall be conspicuously posted on
the construction site and included in the
notification sent to neighbors regarding the
construction schedule.
The qualified acoustical
consultant to prepare a
construction noise logistics
plan. Submit the
construction noise logistics
plan to the Supervising
Environmental Planner.
All measures shall be printed
on all construction
documents, contracts, and
project plans.
Prior to the issuance
of any demolition or
grading permits
(whichever occurs
earliest).
The plan shall be
implemented during
construction.
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.
Receive and review
the construction
noise logistics plan
for compliance
with MM NOI-1.1.
Prior to the
issuance of any
demolition or
grading permits
(whichever
occurs earliest).
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
TRANSPORTATION
Impact TRN-1: The project would generate 15 VMT per employee, which would exceed the City’s significance threshold of 12.21 VMT per employee.
MM TRN-1.1: Prior to the issuance of any
occupancy permits (temporary or final), the project
applicant shall prepare and implement a Public
Improvement Plan that includes multi-modal
improvements to be implemented and schedules for
completing the improvements. The plan shall be
submitted to the Director of Public Works or Director’s designee for review and approval. The plan shall
include the following multi-modal improvements:
• Expand the Reach of Bike Access with
Investment in Infrastructure (Tier 2): The project
applicant shall implement bicycle facilities that
close gaps in the bicycle network and/or improve
the existing bicycle network (e.g., construct
barrier or buffer for an existing bike lane). The
project applicant shall also be required to
implement protected/buffered bicycle lanes
along Brokaw Road and Junction Avenue on the
opposing side of or beyond the project frontages.
At the intersection of Brokaw Road and Junction
Avenue, the project applicant shall complete
protected intersection signal modifications that
include striped bike lanes adjacent to all
crosswalks and installation of corner islands in
addition to the removal of the pork chop islands
(described in the next bullet, below).
• Increase Transit Accessibility to Improve Last-
Mile Transit Connections (Tier 2): The project
applicant shall improve transit accessibility for
the project to shorten last-mile connections for
pedestrians and bicyclists by enhancing access to
transit, which shall facilitate the use of transit by
people traveling to/from the project site,
resulting in a mode shift. The project applicant
shall be required to remove the pork chop island
at the northwest corner of the Junction
Submit and implement aa
Public Improvement Plan to
the Department of Public
Works for the multi-modal
improvements and schedule
for completing the
improvements
Prior to the issuance
of any occupancy
permits
Director of Public
Works or the
Director’s designee
Director of Planning,
Building and Code
Enforcement or
Director’s designee.
Review and
approve the Public
Improvement Plan
for improvements
identified in MM
TRN-1.1.
Confirm build-out
of all required
improvements.
Prior to the
issuance of any
occupancy
permits.
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Avenue/Brokaw Road intersection to allow for
the relocation of the existing Route 60 stop from
its current location east of Rogers Avenue to just
west of Junction Avenue (on the far side of
westbound Brokaw Road). This mitigation
requires the construction of a sidewalk between
the relocated bus stop and the existing sidewalk
on the north side of Brokaw Road for pedestrian
connectivity to the Junction Avenue/Brokaw
Road intersection. The project applicant shall
work with VTA staff to identify the specific
placement of the re-located stop along Brokaw
Road and improvement of the eastbound stop on
its frontage.
• Improve Network Connectivity/Design (Tier 2):
The project applicant shall signalize its southern
project driveway on Junction Avenue. The new
signal provides an additional controlled crossing
point along Junction Avenue south of Brokaw
Road for pedestrians and bicyclists.
• Provide Bike Parking/End of Trip Bike Facilities
(Tier 3): The project applicant shall provide on-
site shower facilities with lockers. In addition,
the project applicant shall be required to provide
bicycle parking that meets or exceeds the City’s
requirements for both short- and long-term
bicycle parking.
MM TRN-1.2: Prior to the issuance of any occupancy
permits (temporary or final), the project applicant shall submit and implement a final TDM Plan, approved by
the Director of Department of Public Works or
Director’s designee and the Director of Planning,
Building and Code Enforcement, or Director’s
designee, that shall include implementation of one the
following TDM measures to reduce the project’s VMT.
• Telecommuting and Alternative Work
Schedules: Encourage employees to
telecommute from home when possible, or to
Submit the TDM Plan.
Prior to the issuance
of any occupancy
permits
Director of
Department of Public
Works or Director’s
designee and the
Director of Planning,
Building and Code
Enforcement, or
Director’s designee
Review the TDM
Plan.
Prior to the
issuance of any
occupancy
permits.
.
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. shift work schedules such that travel occurs
outside of peak congestion periods. At a
minimum, the measure would require that 50
percent of employees work a 4/40 schedule
(10-hour work days for four days a week) or
an equivalent alternative work schedule.
• Operate a Free Direct Shuttle: Provide direct
shuttle service to the project site from areas
with high concentrations of employees. At a
minimum, the measure would require at least
20 percent participation by employees.
• Subsidize Vanpool: Provide subsidies for
individuals forming new vanpools for their
commute. The project would be required to
subsidize 100 percent of the cost of the
vanpools with at least 15 percent employee
participation.
MM TRN-1.3: On-Site Coordinator and Annual
Monitoring. Prior to the issuance of any building
permit, a first draft of the Transportation Demand
Management Plan shall be submitted. The project
applicant shall include an annual monitoring
requirement establishing an average daily trip cap of
1,841 AM peak-hour trips and 1,825 PM peak hour
trips or 15,463 daily trips. The annual monitoring shall be prepared by a traffic engineer and report must
demonstrate the project is within 10% of the ADT cap.
If the project is not in conformance with the trip cap, the project applicant shall implement additional TDM
measures to meet the trip cap. A follow up report shall be required within six months of the last approved
TDM if the project is still out of conformance, and
penalties shall be assessed in accordance with Council
Policy 5-1. The applicant shall identify a TDM
coordinator for the project who would be responsible
for resubmitting the monitoring reports to the Director of Planning, Building and Code Enforcement or the
Director’s Designee and the Director of Public Works
or Director’s Designee for the life of the project.
Submit annual trip
monitoring reports that
demonstrate that project
VMT is below threshold
(and meets or is lower than
the trip cap) to the Director
of Public Works or
Director’s Designee and the
Director of Planning,
Building and Code
Enforcement or Director’s
Designee. If the annual trip
monitoring report finds that
the project is exceeding the
established trip cap, submit a
follow up report that
demonstrates compliance
with the trip cap
requirements within a grace
period, which typically shall
not exceed six months.
Monitor annually
throughout the
lifetime of the
project.
Director of
Department of Public
Works or Director’s
designee and the
Director of Planning,
Building and Code
Enforcement, or
Director’s designee.
Review the annual
trip monitoring
reports and assess
penalties for non-
compliance in
accordance with
Council Policy 5-1,
if warranted.
Monitor
annually
throughout the
lifetime of the
project.
TRIBAL CULTURAL RESOURCES
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Impact TCR-1: Development of the proposed project could potentially result in impacts to undiscovered tribal cultural resources.
MM TCR-1.1: Tribal Monitoring. Prior to the
issuance of any demolition, grading, and/or building
permits (whichever occurs earliest), a qualified Native American Tribal monitor, 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 be
present during applicable earthmoving activities such
as, but not limited to, trenching, initial or full grading, lifting of foundation, or boring on site. Evidence of a monitoring agreement shall be provided to the Director
of Planning, Building and Code Enforcement or
Director’s designee.
MM TCR-1.2: Cultural Sensitivity Training: Prior
to the issuance of any demolition, grading, and/or
building permits (whichever occurs earliest), a
qualified Native American Tribal representative,
registered with the NAHC for the City of San José and
that is traditionally and culturally affiliated with the geographic area, shall provide at least one cultural
sensitivity training to construction personnel prior to the initial ground-breaking activities. Evidence of the training shall be submitted to the Director of Planning, Building and Code Enforcement or Director’s
designee.
Submit monitoring
agreement for tribal
monitoring to the Director of
Planning, Building and Code
Enforcement or Director’s
Designee.
Provide at least one cultural
sensitivity training to
construction personnel.
Prior to the issuance
of any demolition,
grading, and/or
building permits
(whichever occurs
earliest).
A tribal monitor
shall be onsite
during all major
earthmoving
activities.
Prior to the issuance
of any demolition,
grading, and/or
building permits
(whichever occurs
earliest).
Director of Planning,
Building and Code
Enforcement or
Director’s designee.
Director of Planning,
Building and Code
Enforcement or
Director’s designee.
Review and
approve monitoring
agreement
Review evidence of
the training.
Prior to the
issuance of any
demolition or
grading permit
(whichever
occurs earliest).
A tribal monitor
shall be onsite
during all major
earthmoving
activities.
Prior to the
issuance of any
demolition or
grading permits
(whichever
occurs earliest).
Source: City of San José. Draft Environmental Impact Report for the 550 E. Brokaw Project. May 2022.
EXHIBIT "A" (File Nos. H21-005 & T21-005)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.