Cities Index.
Memorandum Exhibit F

San Jose City Council
February 28, 2023

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Memorandum Exhibit F
Meeting
February 28, 2023
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San Jose City Council
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Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

EXHIBIT F
Apollo Residential Project Addendum
Mitigation Monitoring and Reporting
Program

MITIGATION MONITORING AND REPORTING PROGRAM

Apollo Residential Project
File Nos. H21-048, T21-043 & ER21-276
October 2022

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 1 File Nos.: H21-048, T21-043 & ER21-276

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 Initial Study/Addendum to the Downtown Strategy 2040 Final Environmental Impact Report prepared for the Apollo Residential 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 Initial Study/Addendum 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 Initial Study/Addendum 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___________________________________________________________

UC TDT Apollo JV LLC
Erik Hayden
DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 11/4/2022

Page | 2 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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 maximum exposed individual (MEI) to a cancer ri sk of 44.16 cases per one million (for infants) which is which exceeds the Bay Area Air Quality Management District (BAAQMD) significance threshold of 10 cases per one million.

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

• All construction equipment (larger than 25
horsepower) operating on-site for more than two
days continuously (or 20 hours total) shall, at a
minimum, meet U.S. Environmental Protection
Agency (EPA) Tier 4 final or interim emission
standards for particulate matter (PM10 and PM2.5).
o If Tier 4 equipment is not available,
alternatively use equipment that meets U.S.

EPA emission standards for Tier 3 engines and
include particulate matter emissions control
equivalent to CARB Level 3 verifiable diesel
emission control devices that altogether achieve
Submit a construction
operation plan and a letter
signed by a qualified air
quality specialist, verifying
that the equipment included
in the plan meets the
standards defined in MM
AIR-1.1.

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

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

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

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

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 3 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
an 80 percent reduction in particulate matter
exhaust in comparison to uncontrolled
equipment; alternatively (or in combination).
o Electrical or non-diesel fueled equipment
shall be used.
• Line power shall be provided to the site during the
early phases of construction to minimize the use of
diesel-powered equipment, such as generators and
welders.
• Alternatively, the project applicant could develop a
plan that reduces on- and near-site construction
diesel particulate matter emissions by a minimum of
80 percent or greater. The plan shall be
accompanied by a letter signed by an air quality
specialist and shall be submitted for review and
approval by the Director of Planning, Building and
Code Enforcement or Director’s designee prior to
the issuance of any demolition, grading, or building
permits (whichever occurs first). Elements of the
plan could include a combination of some of the
following measures:

o Use Tier 4 or alternatively fueled equipment
(refer to first sub bullet above),
o Installation of electric power lines during early
construction phases to avoid use of diesel
generators and compressors,
DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 4 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
o Use of electrically-powered equipment,
o Forklifts and aerial lifts used for exterior and
interior building construction shall be electric
or propane/natural gas powered,
o Change in construction build-out plans to
lengthen phases, and
o Implementation of different building techniques
that result in less diesel equipment usage.

Implementation of the above mitigation measure(s) will
avoid or reduce the potential environmental impact
stated above to a less than significant level.

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 1 st through
August 31st, inclusive.

If tree removals and construction cannot be scheduled
outside of nesting season, a qualified ornithologist shall complete pre-construction surveys to identify active
raptor nests that may be disturbed during project
implementation. This survey shall be completed no
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
Prior to any tree
removal, or
issuance of any
grading or
demolition permits,
whichever occurs
first
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
Prior to any tree
removal, or
issuance of any
grading or
demolition
permits,
whichever
occurs first
DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 5 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
more than 14 days prior to the initiation of
demolition/construction activities during the early part of the breeding season (February 1st through April 30th, inclusive) and no more than 30 days prior to the
initiation of these activities during the late part of the breeding season (May 1st through August 31st,
inclusive), unless a shorter 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 ornithologist will
inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for
nests. If an active nest is found in an area that will be disturbed by construction, the ornithologist will
designate a construction-free buffer zone (typically 250 feet) to be established around the nest. The buffer would ensure that raptor or migratory bird nests will not be
disturbed during project construction.

Prior to any tree removal, or approval of any grading or demolition 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.

defined in MM BIO-1.1,
designate a construction-
free buffer zone around any
discovered nest.

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

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 6 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
Implementation of the above mitigation measure(s) will
avoid or reduce the potential significant impacts to loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment to a less than significant level.

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Due to the historical and current operations of the site (e.g., automotive/equipment steam cleaning, vehicle washing business , and automotive repair/auto body repair shop), construction activities associated with the proposed project could expose construction workers, the public, and the environme nt to groundwater and/or soil contamination from polychlorinated biphenyls, oils, herbicides, arsenic, creosote, coal cinders, petr oleum hydrocarbons, and/or solvents.

MM HAZ-1.1: Prior to the issuance of a demolition or
grading permit, the project applicant shall retain an
environmental professional to conduct a Phase II soil,
soil vapor and/or groundwater investigation to
determine if the soil, soil vapor, and groundwater from former uses of the site have resulted in contamination
concentrations above established Regional Water
Quality Control Board (RWQCB) Environmental
Screening Levels (ESLs). If the Phase II results indicate soil, soil vapor and/or groundwater contamination above ESLs, the applicant shall enter into a regulatory
oversight agreement with the Santa Clara County
Department of Environment Health (SCCDEH),
RWQCB, or Department of Toxic Substances Control
(DTSC). The applicant shall meet with the regulatory
oversight agency and perform additional soil, soil gas
and/or groundwater sampling and testing, as required, to Retain a qualified
environmental professional
to conduct a Phase II soil,
soil vapor and/or
groundwater investigation.

Enter into a regulatory
oversight agreement with
the Santa Clara County
Department of
Environment Health
(SCCDEH), RWQCB, or
Department of Toxic
Substances Control (DTSC)
if the Phase II results
indicate soil, soil vapor
and/or groundwater
Prior to the issuance
of any demolition or
grading permits.

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

Review Site
Management Plan
(SMP), Corrective
Action Plan (CAP),
Remedial Action
Plan (RAP), or
other equivalent
plan and proof of
regulatory
oversight if the
Phase II results
indicate soil, soil
vapor and/or
groundwater
contamination
above regulatory
Prior to the
issuance of any
demolition or
grading
permits.

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 7 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
adequately define the known and suspected
contamination. A Site Management Plan (SMP),
Corrective Action Plan (CAP), Remedial Action Plan
(RAP), or other equivalent plan shall be prepared and
submitted to the regulatory oversight agency for their
approval. The plan shall include a Health & Safety Plan (HASP) and shall establish remedial measures and/or
soil management practices to ensure construction
worker safety and the health of future workers and
visitors. The plan and evidence of regulatory oversight shall be provided to the Director of the City of San José Planning, Building, and Code Enforcement Department,
and the Environmental Compliance Officer in the City
of San José’s Environmental Services Department for
review.

MM HAZ-1.2: Prior to the issuance of any demolition,
grading, or building permits (whichever occurs first), the project applicant shall conduct a geophysical survey to identify the subsurface features of the site not previously evaluated. Any identified objects/structures shall be
removed in coordination with SCCDEH requirements.

The geophysical survey, evidence of regulatory
oversight, and confirmation that identified
objects/structures have been removed in accordance
with SCCDEH requirements shall be provided to the
Director of Planning, Building and Code Enforcement,
contamination above
regulatory environmental
screening levels.

Conduct a geophysical
survey to identify the
subsurface features of the
site not previously
evaluated.

Removal of any identified
objects/structures in
coordination with
SCCDEH requirements.

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

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

environmental
screening levels.

Review
geophysical survey,
evidence of
regulatory
oversight, and
confirm that
identified
objects/structures
have been removed
(if any).

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

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 8 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
or Director’s designee, and the City of San José’s
Environmental Services Department prior to the
issuance of any demolition, grading, or building permits (whichever occurs first).

Implementation of the above mitigation measure(s) will
avoid or reduce the potential environmental impact
stated above to a less than significant level.

NOISE AND VIBRATION
Impact NOI-1: Operational noise levels from mechanical equipment would exceed the City’s 55 dBA DNL threshold at the residential and office building located north of the site.

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

Other alternate measures include locating equipment in
A qualified acoustical
engineer shall prepare a
detailed acoustical study to
evaluate the mechanical
noise equipment and
demonstrate the necessary
noise controls to comply
with the City’s threshold of
55 dBA DNL.

Submit a copy of the
acoustical study and
recommended measures to
the Director of Planning,
Prior to the issuance
of any building
permits.

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

Review and
approve acoustical
study and
recommended
measures.

Prior to the
issuance of any
building
permits.

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 9 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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

Implementation of the above mitigation measure(s) will
avoid or reduce the potential environmental impact
stated above to a less than significant level.

Building and Code
Enforcement or the
Director’s designee for
review.

Impact NOI-2: Construction noise levels would exceed ambient levels by five dBA or more for a period of more than 12 months, which is considered a significant impact pursuant to General Plan Policy EC-1.7.

MM NOI-2.1: Prior to the issuance of any grading or
demolition permits, the project applicant shall submit a construction noise logistics plan that specifies hours of construction, noise and vibration minimization
measures, posting and notification of construction
schedules, equipment to be used, and designation of a
noise disturbance coordinator. The noise disturbance
coordinator shall respond to neighborhood complaints
and shall be in place prior to the start of construction and during construction to reduce noise impacts on
neighboring residents and other noise-sensitive uses.

The noise logistic plan shall be submitted to the Director of Planning, Building and Code Enforcement or
Submit and implement a
construction noise logistics
plan that specifies hours of
construction, noise and
vibration minimization
measures, posting and
notification of construction
schedules, equipment to be
used, and designation of a
noise disturbance
coordinator.

Prior to the issuance
of any grading or
demolition permits.

Director of 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.

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 10 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
Director’s designee prior to the issuance of any grading or demolition permits.

As part of the noise logistic plan, construction activities for the proposed project shall include, but are not
limited to, the following best management practices:

• Construction activities shall be limited to the hours between 7:00 AM and 7:00 PM, Monday through
Friday unless permission is granted with a
development permit or other planning approval. No
construction activities are permitted on the
weekends at sites within 500 feet of a residence.

Construction outside of these hours may be
approved through a development permit based on a
site-specific “construction noise mitigation plan”
and a finding by the Director of Planning, Building
and Code Enforcement that the construction noise
mitigation plan is adequate to prevent noise
disturbance of affected residential uses.
• Construct solid plywood fences around ground level
construction sites adjacent to operational
businesses, residences, or other noise-sensitive land
uses. A temporary eight-foot noise barrier shall be
constructed along the south property line of the
project site to shield adjacent residential land uses
from ground-level construction equipment and

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 11 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
activities. The noise barrier shall be solid over the
face and at the base of the barrier in order to provide a five dBA noise reduction.
• Equip all internal combustion engine-driven
equipment with intake and exhaust mufflers that are
in good condition and appropriate for the
equipment.
• Prohibit all unnecessary idling of internal
combustion engines.
• Locate stationary noise-generating equipment such
as air compressors or portable power generators as
far as possible from sensitive receptors. Construct
temporary noise barriers to screen stationary noise-
generating equipment when located near adjoining
sensitive land uses.
• Utilize ‘quiet’ models of air compressors and other
stationary noise sources where technology exists.
• Control noise from construction workers’ radios to
a point where they are not audible at existing
residences bordering the project site.
• Notify all adjacent business, residences, and other
noise-sensitive land uses of the construction
schedule, in writing, and provide a written schedule
of “noisy” construction activities to the adjacent
land uses and nearby residences.

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 12 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
• If complaints are received or excessive noise levels
cannot be reduced using the measures above, erect a
temporary noise control blanket barrier along
surrounding building facades that face the
construction sites.
• 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., bad muffler, etc.) and shall 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.

Implementation of the above mitigation measure(s),
which includes best management practices as part of the noise logistics plan (consistent with the Downtown
Strategy 2040 FEIR), will avoid or reduce the potential environmental impact stated above to a less than
significant level.

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 13 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
Impact NOI-3: Construction vibration levels would exceed the 0.2 in/sec PPV threshold by up to 0.168 in/sec PPV for buildings of conventional construction within 15 feet of the project site.

MM NOI-3.1: Prior to issuance of any demolition,
grading, or building permits (whichever occurs first), 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 a demolition, grading, or building permit, whichever
occurs first. The Plan shall include, but not be limited to, the following measures:

• A list of all heavy construction equipment to be
used for this project known to produce high
vibration levels (e.g., tracked vehicles, vibratory
compaction, jackhammers, hoe rams, etc.) shall be
submitted to the City 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.

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
first.

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

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

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

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 14 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
• Place operating equipment on the construction site
as far as possible from vibration-sensitive receptors
(e.g., residents located approximately 15 feet to the
north).
• Smaller equipment to minimize vibration levels
below 0.2 in/sec PPV shall be used at the property
lines.
• Avoid the use of vibratory rollers and clam shovel
drops near sensitive areas.
• Select demolition methods not involving impact
tools.
• Modify/design or identify alternative construction
methods to reduce vibration levels below the limits.
• Use of heavy vibration-generating construction
equipment shall be prohibited within 30 feet of the
adjacent residences to the north.
• Document conditions of the adjacent residences to
the north 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:

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 15 File Nos.: H21-048, T21-043 & ER21-276

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
o Vibration limits shall be applied to vibration-
sensitive structures located within 30 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 30 feet of construction
activities. Surveys shall be performed prior to
any construction activity, in regular intervals
during construction, and after project
completion. The surveys shall include internal
and external crack monitoring in the structure,
settlement, and distress, and shall document the
condition of the foundation, walls and other
structural elements in the interior and exterior
of the structure.
• Develop a vibration monitoring and construction
contingency plan to identify structures where
monitoring would be conducted, set up a vibration
monitoring schedule, define structure-specific
vibration limits, and address the need to conduct
photo, elevation, and crack surveys to document
before and after construction conditions.

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624 Page | 16 File Nos.: H21-048, T21-043 & ER21-276

Source: City of San José. Initial Study/Addendum. Apollo Residential Project. October 2022.

Apollo Residential Project
File Nos. H21-048, T21-043 &
ER21-276

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
Construction contingencies shall be identified for
when vibration levels approached the limits.
• If vibration levels approach limits, construction
shall be suspended and contingency measures shall
be implemented to lower vibration or secure affect
structures.
• Avoid dropping heavy equipment and use
alternative methods for breaking up existing
pavement, such as a pavement grinder, instead of
dropping heavy objects, within 30 feet of the
adjacent residences to the north.
• 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.

Implementation of the above mitigation measure(s),
which includes preparation of a Construction Vibration
Monitoring Plan and measures to be included in the plan (consistent with the Downtown Strategy 2040 FEIR),
will avoid or reduce the potential environmental impact stated above to a less than significant level.

DocuSign Envelope ID: 82AEEF57-F1A6-4250-BD12-194F6EFA1624

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