(a) Resolution — San Jose City Council, June 20, 2023

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1 T-52008.002/2005491_2
Council Agenda: 6/20/23
Item No.: 6.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RESOLUTION NO. _______

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE ADOPTING THE SAN JOSE MUNICIPAL WATER

NEW OFFICES PROJECT MITIGATED NEGATIVE

DECLARATION, FOR WHICH AN INITIAL STUDY WAS

PREPARED, ALL IN ACCORDANCE WITH THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS

AMENDED, AND ADOPTING A RELATED MITIGATION

MONITORING AND REPORTING PROGRAM

WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared an Initial Study and approved for circulation a Negative Declaration for the San José Municipal Water New Offices Project under Planning File No. ER22-114 (the “Initial Study/Mitigated Negative Declaration”) all in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”); and
WHEREAS, the San José Municipal Water New Offices Project analyzed under the Initial Study/Mitigated Negative Declaration consists of the demolition of six existing buildings, the removal of 24 trees , and site improvements that include: construction of a two- story administration building, one- story storage building, landscaping, parking areas, a new communications tower, and associated equipment installation to support the new buildings (the “Project”) on the 3.4-gross-acre Project site located at 3025 Tuers Road (Assessor Parcel Number 499-35-001); and

WHEREAS, to maintain communications during the Project construction activities, the Project also includes the construction of communications equipment at two offsite locations and at the Project site; and

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2 T-52008.002/2005491_2
Council Agenda: 6/20/23
Item No.: 6.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

WHEREAS, the Project will install a temporary communications antenna at 3870 Charter Park Drive (approximately six miles southwest of the Project site), a new communications pole at 4791 Mountaire Court (approximately 11 miles southeast of the Project site), and a new temporary communications tower at the Project site; and WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would reduce eac h of those significant effects to a less-than-significant level; and

WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision- making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects 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, 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, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the NVF:DHZ:JMD
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Council Agenda: 6/20/23
Item No.: 6.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
WHEREAS, the Initial Study/Mitigated Negati ve Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, are available for inspection by any interested person at that location and on the Department of Planning, Building and Code Enforcement website, and are, by this reference, incorporated into this Resolution as if fully set forth herein;

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

THAT THE CITY COUNCIL does hereby incorporate the foregoing recitals as if set forth in the body of this Resolution.

THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is c onsistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council 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 records of proceedings on which this decision is based.

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Council Agenda: 6/20/23
Item No.: 6.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File No. ER22 -114). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113 and (2) available for inspection by any interested person.

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

Municipal Water New Offices Project
File No. ER22-114

January 2023

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 1 File No.: ER22-114

P R E F A C E
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. In instances in which the mitigation, monitoring, compliance, or other responsibility is assigned to the Director of the Planning, Building, and Code Enforcement or the Director’s designee, the designee is understood to be other staff member(s) of the Planning, Building and Code Enforcement Department.

The Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Municipal Water New Offices 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 IS/MND concluded that the impacts from implementation of the project would be less than significant.

The City of San José hereby agrees to fully implement the Mitigation Measures described below, which have been developed in conjunction with the preparation of an Initial Study/Mitigated Native Declaration for the proposed project. The City understands that these mitigation measures, or substantially similar measures, will be adopted as conditions of approval to avoid or significantly reduce potential environmental impacts to less than significant levels.

This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented.

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 2 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

AIR QUALITY
Impact AIR-1: Development of the Project would expose sensitive receptors to substantial pollutant concentrations associated with cancer risk.

Mitigation Measure AIR-1: Construction. Prior to the
start of any construction activity, the project proponent shall prepare and submit a construction operations plan that includes specifications of the equipment to be used during construction. The plan shall be submitted to the Director of Planning, Building and Code Enforcement or
the Director’s designee 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 the site for more than
two days continuously or 20 total hours shall, at a
minimum, meet USEPA Tier 4 Final emission
standards.
• If Tier 4 Final equipment is not available, all
construction equipment larger than 25 horsepower
used at the site for more than two continuous days
or 20 hours total shall meet USEPA 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 an 85 percent reduction in
particulate matter exhaust and 40 percent reduction
in NOx in comparison to uncontrolled equipment.
• The project proponent shall submit a construction
operations plan prepared by the construction
contractor that outlines how the contractor will
Prepare and submit
construction documents
and plans to the Director
of Planning, Building
and Code Enforcement
or Director’s designee
for review and approval.

Municipal Water or its
contractor shall ensure
that all measures shall be
printed on all
construction documents,
contracts, and project
plans.

Prior to start of any
construction
activities.

Construction
equipment measures
shall be implemented
during all phases of
construction.

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

Municipal Water
Review and approve
construction
operations plan.

Ensure that all
measures are printed
on all construction
documents,
contracts, and
project plans.

Prior to start of any
construction
activities.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 3 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Oversight
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring Timing
or Schedule
[How often]
achieve the measures outlined in this mitigation
measure. 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 the start of any construction
activity The plan shall include, but not be limited to
the following:
List of activities and estimated timing;
Equipment that would be used for each
activity;
Manufacturer’s specifications for each
equipment that provides the emissions level; or
the manufacturer’s specifications for devices
that would be added to each piece of
equipment to ensure the emissions level meet
the thresholds in the mitigation measure;
How the construction contractor will ensure
that the measures listed are monitored;
How the construction contractor will remedy
any exceedance of the thresholds; and
How often and the method the construction
contractor will use to report compliance with
this mitigation measure.

Implementation of this mitigation will reduce the air
quality from more than10 in one million to 7.2 in one
million consistent with BAAQMD standards.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 4 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

BIOLOGICAL RESOURCES
Impact BIO-1: Development of the Project could have a substantial adverse effect to nesting birds.

Mitigation Measure BIO-1: Avoid Impacts to Nesting
Birds.

The project would implement the following measures to
avoid impacts to nesting migratory birds:
• Avoidance: Prior to any tree removal, or start of
any construction activity, the Project proponent
shall schedule all construction activities to avoid
the nesting season. The nesting season for most
birds, including most raptors in the San Francisco
Bay area, extends from February 1st through
August 31st (inclusive). Construction activities
include any site disturbance such as, but not limited
to, tree trimming or removal, demolition, grading
and trenching.
• Nesting Bird Surveys: If it is not possible to
schedule demolition and construction between
September 1st and January 31st (inclusive),
Municipal Water or its contractor shall retain a
qualified ornithologist or biologist to conduct pre-
construction surveys for nest birds to ensure that no
nests shall be 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 1st through April 30th
inclusive) and no more than 30 days prior to the
initiation of these activities during the late part of
Contract a qualified
ornithologist or biologist
to conduct
preconstruction surveys
for nesting birds. If
active nests are
identified, establish no
disturbance buffer zones
around each nest,
monitor construction
activities near suitable
habitat, when applicable,
and implement the
additional requirements
in Mitigation Measure
BIO-1.

Pre-construction
nesting surveys
within 14 days prior
to the start of
vegetation removal,
tree trimming and
removal, ground
disturbance, and
demolition or after
any construction
breaks of 2 days or
more.

Also, during and
after construction
work if active.

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

Municipal Water
Confirm receipt of
executed contract
with a qualified
ornithologist or
biologist to perform
pre-construction
surveys prior to
construction
activities. Receive
and review survey
documentation as
well as monitoring
reports and a final
report if active nests
are identified.

Ensure that all
measures are printed
on all construction
documents,
contracts, and
project plans.

Executed contract
with qualified
ornithologist or
biologist must be
submitted prior to
construction
activities. Within
14 days during the
early part of breeding
season and no more
than 30 days during
the late part of the
breeding season. If
construction ceases
for two days or more
then resumes again
during the nesting
season, an additional
survey shall be
necessary. Also,
during and after
construction work if
active nests are
identified.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 5 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Oversight
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring Timing
or Schedule
[How often]
the breeding season (May 1st through August 31st
inclusive). During this survey, the qualified
ornithologist/biologist shall inspect all trees and
other possible nesting habitats within 250 feet of
the site for nests.
• Buffer Zones: If an active nest is found within
250 feet of the Project area to be disturbed by
construction, the qualified ornithologist/biologist,
in consultation with the California Department of
Fish and Wildlife, shall determine the extent of a
construction free buffer zone to be established
around the nest (typically 250 feet for raptors and
100 feet for other birds), to ensure that raptor or
migratory bird nests shall not be disturbed during
project construction. The no-disturbance buffer
shall remain in place until the biologist determines
the nest is no longer active or the nesting season
ends. If construction ceases for two days or more
then resumes again during the nesting season, an
additional survey shall be necessary to avoid
impacts to active bird nests that may be present.
• Reporting: Prior to any tree removal, or start of any construction activity the qualified
ornithologist/biologist shall submit a report
indicating the results of the survey and any
designated buffer zones to the satisfaction of the
Director of Planning, Building and Code
Enforcement (PBCE) or the Director’s designee.

Impact BIO-2: Development of the Project could have a substantial adverse effect to western burrowing owl.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 6 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

1. Habitat Survey
a) Western burrowing owl habitat surveys
shall be required in the Project area in all
suitable habitat. Habitat surveys are
required in both breeding and non-breeding
seasons.
b) Qualified biologist(s) shall conduct a
pedestrian survey of the Project area and
accessible areas within 250-feet of the Project
area. Pedestrian survey transects shall be spaced
to allow 100 percent visual coverage of the
ground surface. The distance between transect
center lines shall be no more than 50 feet and
can be reduced to account for differences in
terrain, vegetation density, and ground surface
visibility. Poor weather may affect the
biologist’s ability to detect burrowing owls;
therefore, the biologist shall avoid conducting
surveys when wind speed is greater than 20
kilometers per hour and there is precipitation or
dense fog. The biologist shall map areas with
burrows or burrow complexes that could
support burrowing owls and all burrows that
Municipal Water or it’s
contractor shall contract
a qualified biologist to
conduct pre-construction
habitat assessment on
western burrowing owl.

If potential western
burrowing owl habitat or
potentially active nests
are identified, establish a
no-disturbance buffer,
monitor construction
activities near suitable
habitat, and implement
the additional
requirements in
Mitigation Measure
BIO-2.

Pre-construction
western burrowing
owl habitat surveys
between 14 and 4
days prior to
initiating ground
disturbance related to
Project construction
activities.

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

Municipal Water
Confirm receipt of
executed contract
with a qualified
biologist to perform
pre-construction
surveys prior to
construction
activities. Receive
and review survey
documentation as
well as monitoring
reports and a final
report if western
burrowing owl
habitat or active
nests are identified.

Executed contract
with qualified
biologist must be
submitted prior to
construction
activities. Between 14
and 4 days prior to
initiating ground
disturbance related to
Project construction
activities. Also,
during and after
construction work if
western burrowing
owl habitat or active
nests are identified.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

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Municipal Water New Offices Project
File No. ER22-114

Suitable habitat is fully avoided if the project
footprint does not impinge on a 250-foot buffer
around the suitable burrow.

2. Preconstruction Surveys
a) A qualified biologist shall conduct
preconstruction surveys in all suitable habitat
identified in the habitat surveys within 250 feet
of construction activity, between 14 and 4 days
prior to initiating ground disturbance related to
Project construction activities. The 250-foot
buffer zone shall be surveyed to identify
burrows and owls outside of the Project area
which may be impacted by factors such as
noise and vibration (heavy equipment) during
project construction. As burrowing owls may
recolonize a site after only a few days, time
lapses between Project activities shall require

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

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Municipal Water New Offices Project
File No. ER22-114

Municipal Water shall also notify the Director
of Planning Building and Code Enforcement or
Director’s Designee when the mitigation
actions will occur for approval prior to the start
of construction.

3. Avoidance Measures
The Project proponent shall employ avoidance
measures described below to avoid direct take of
individual burrowing owls during Project
construction.

Breeding Season Avoidance –Measures - February
1 to August 31 (inclusive)
a) If preconstruction surveys identify
evidence of Western burrowing owls within
250 feet of the Project area during the
breeding season, the Project proponent shall
avoid all nest sites that could be disturbed by

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 9 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Oversight
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring Timing
or Schedule
[How often]
Project construction activities during the
remainder of the breeding season or while the
nest is occupied by adults or young
(occupation includes individuals or family
groups foraging on or near the site following
fledging). Avoidance shall include
establishment of a 250-foot no-disturbance
buffer zone around active nest sites by a
qualified biologist.
b) If active nests cannot be avoided,
construction may occur within 250 feet of
active nest sites if 1) the nest is not disturbed,
and 2) the Project proponent develops and
implements an Avoidance, Minimization, and
Monitoring Plan, subject to approval by
CDFW. The plan shall incorporate the
following criteria:
i. A qualified biologist shall monitor the
owls for at least 3 days prior to Project
construction to determine baseline nesting
and foraging behavior (i.e., behavior
without construction). The qualified
biologist shall monitor the owls during
construction and find no change in owl
nesting and foraging behavior in response
to construction activities.
ii. If there is any change in owl nesting
and foraging behavior as a result of
Project construction activities, these
activities shall cease within the 250-foot
buffer. Construction shall not resume

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 10 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

Non-Breeding Season Avoidance Measures –
September 1st to January 31st, (inclusive)
a) If preconstruction surveys identify
evidence of Western burrowing owls within
250 feet of the Project area during the non-
breeding season (September 1st to January
31st, inclusive), the Project proponent and
qualified biologist shall identify a no-
disturbance buffer of up to 250 feet around
occupied overwintering burrows, to minimize
construction impacts to burrowing owls
located outside of the Project work envelope,
as determined by a qualified biologist.
b) If occupied burrows cannot be
avoided, construction may occur within 250
feet of overwintering burrows sites if:
i. A qualified biologist monitors the owls
for at least 3 days prior to construction to

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 11 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

4. Construction Monitoring and Environmental
Training
During construction, the no-disturbance buffer
zones shall be established and maintained where
applicable and based on the Project Avoidance,
Minimization, and Monitoring Plan. A qualified
biologist shall monitor the site consistent with the
requirements described in the Avoidance

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 12 File No.: ER22-114

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File No. ER22-114

5. Passive Relocation
If avoidance measures described cannot be
implemented with the Project, Passive Relocation
shall be implemented according to the protocol
described in the Habitat Plan and in coordination
with, and approval by CDFW.

Impact BIO-3: Development of the Project could have a substantial adverse effect to roosting bats, and removal of a tree or structure containing roosting bats could result in a significant impact to those species.

Mitigation Measure BIO-3: Avoid and Minimize
Impact on Roosting Bats.

A qualified biologist who is experienced with bat
surveying techniques (including auditory sampling
methods), behavior, roosting habitat, and identification of local bat species shall be consulted prior to demolition or building relocation activities or tree work to conduct a pre-construction habitat assessment of the Project study area (focusing on trees and buildings to be demolished or relocated) to characterize potential bat habitat and
identify potentially active roost sites. No further action is Municipal Water or its
contractor shall contract
a qualified biologist to
conduct pre-construction
habitat assessment on
roosting bats. If potential
roosting habitat or
potentially active bat
roosts are identified,
establish a no-
disturbance buffer,
monitor construction
Pre-construction
roosting habitat
surveys within
14 days prior to
building demolition
or relocation, or any
tree trimming or
removal.

Also, during and
after construction
Director of Planning,
Building and Code
Enforcement or the
Director’s designee.

Municipal Water
Confirm receipt of
executed contract
with a qualified
biologist to perform
pre-construction
surveys prior to
construction
activities. Receive
and review survey
documentation as
well as monitoring
reports and a final
Executed contract
with qualified
biologist must be
submitted prior to the
start of any
construction activity..

Within 14 days prior
to the start of
demolition or building
relocation activities or
tree work. Also,
during and after

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 13 File No.: ER22-114

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File No. ER22-114

The following measures shall be implemented should
potential roosting habitat or potentially active bat roosts be identified during the habitat assessment in buildings to be demolished or relocated, or in trees adjacent to
construction activities that could be trimmed or
removed within the Project study area:
a) In areas identified as potential roosting habitat
during the habitat assessment, initial building
demolition, relocation, and any tree work (trimming
or removal) shall occur when bats are active,
approximately between the periods of March 1 to
April 15 and August 15 to October 15, to the extent
feasible. These dates avoid the bat maternity
roosting season and period of winter torpor.
[2]
b) If seasonal avoidance of potential roosting habitat
is infeasible, the qualified biologist shall conduct
pre-construction surveys of potential bat roost sites
identified during the initial habitat assessment no
more than 14 days prior to building demolition or
relocation, or any tree trimming or removal.
c) If active bat roosts or evidence of roosting is
identified during pre-construction surveys for
building demolition and relocation or tree work, the
activities near suitable
habitat, and implement
the additional
requirements in
Mitigation Measure
BIO-2.

work if active bat
roosts are found.
report if roosting
habitat or active bat
roosts are identified.

Ensure that all
measures are printed
on all construction
documents,
contracts, and
project plans.
construction work if
roosting habitat or
active bat roosts are
identified.

[2] Torpor refers to a state of decreased physiological activity with reduced body temperature and metabolic rate.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 14 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Oversight
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring Timing
or Schedule
[How often]
qualified biologist shall determine, if possible, the
type of roost and species. A no-disturbance buffer
shall be established around roost sites until the
seasonal windows identified above or the qualified
biologist determines they are no longer active. The
size of the no-disturbance buffer would be
determined by the qualified biologist and would
depend on the species present, roost type, existing
screening around the roost site (such as dense
vegetation or a building), as well as the type of
construction activity that would occur around the
roost site. Municipal Water shall also notify the
Director of Planning Building and Code
Enforcement or Director’s Designee when the
mitigation actions will occur for approval prior to
the start of construction.
d) Buildings and trees with potential bat roosting
habitat or active roosts shall be disturbed only
under clear weather conditions when precipitation
is not forecast for three days and when daytime
temperatures are at least 50 degrees Fahrenheit.
e) The demolition or relocation of buildings containing or suspected to contain potential bat roosting habitat
or active bat roosts shall be done under the
supervision of the qualified biologist. When
appropriate, buildings shall be partially dismantled to significantly change the roost conditions, causing
bats to abandon and not return to the roost, likely in
the evening and after bats have emerged from the
roost to forage. Under no circumstances shall active

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 15 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Oversight
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring Timing
or Schedule
[How often]
maternity roosts be disturbed until the roost disbands
at the completion of the maternity roosting season or
otherwise becomes inactive, as determined by the
qualified biologist.
f) Trimming or removal of existing trees with
potential bat roosting habitat or active (non-
maternity or hibernation) bat roost sites shall follow
a two-step removal process (which shall occur
during the time of year when bats are active,
according to a) above
1) On the first day and under supervision of the
qualified biologist, tree branches and limbs not
containing cavities or fissures in which bats
could roost shall be cut using chainsaws or
other handheld equipment.
2) On the following day and under the
supervision of the qualified biologist, the
remainder of the tree may be trimmed or
removed, either using chainsaws or other
equipment (e.g., excavator or backhoe).
3) All felled trees shall remain on the ground for
at least 24 hours prior to chipping, off-site
removal, or other processing to allow any bats
to escape, or be inspected once felled by the
qualified biologist to ensure no bats remain
within the tree and/or branches.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 16 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

CULTURAL RESOURCES
Impact CUL-1: Development of the Project could cause a substantial adverse change in the significance of an unrecorded archaeological resource.

Mitigation Measure CUL-1: Cultural Resources
Awareness Training.

Prior to the start of any construction activity, Municipal Water or its contractor shall retain a Secretary of the Interior (SOIS)-qualified archaeologist to conduct a
training program for all construction and field personnel involved in ground disturbance. A Native American
representative registered with the NAHC for the City of San José and that is traditionally and culturally affiliated with the geographic area, as described in Public
Resources Code Section 21080.3 will be invited to
participate. On-site personnel shall attend a mandatory pre-Project training that shall outline the general
archaeological sensitivity of the area and the procedures to follow in the event an archaeological resource and/or human remains are inadvertently discovered. A training
program shall be established for new Project personnel
before they begin Project work. The Project proponent
shall submit a copy of the training documents to the
Director of Planning, Building and Code Enforcement
or the Director’s designee for review and approval prior to the start of any construction activity. Documentation confirming the training sessions conducted shall be
submitted to the Director of Planning, Building and
Code Enforcement or Director’s designee prior start of
construction activities.

A Secretary of the
Interior – qualified
archaeologist shall
conduct a training
program for all
construction and field
personnel.

Submit a copy of the
training documents
prior to start of
construction
activities.

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

Municipal Water

Review and approve
training documents.

Prior to
construction,
receive
documentation to
confirm training
conducted.

Prior to the start of
construction
activities.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 17 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

GEOLOGY AND SOILS
Impact GE-5a: Development of the Project could directly or indirectly destroy a unique paleontological resource or site or unique geologic feature.

Mitigation Measure GE-5a: Worker Training.

Prior to the start of any ground-disturbing activity
(including vegetation removal, grading, etc.), the
qualified paleontologist shall prepare paleontological
resources sensitivity training materials for use during the Project-wide Worker Environmental Awareness
Training (or equivalent). The paleontological resources sensitivity training shall be conducted by a qualified
environmental trainer (often the Lead Environmental
Inspector [LEI] or equivalent position, like the qualified paleontologist. In the event construction crews are
phased, additional trainings shall be conducted for new construction personnel. The training session shall focus on the recognition of the types of paleontological
resources that could be encountered within the Project
site and the procedures to be followed if they are found, as outlined in the approved Paleontological Resources
Monitoring and Mitigation Plan in Mitigation Measure
GE-5c. The Project proponent for specific construction
work proposed and/or its contractor shall retain
documentation demonstrating that all construction
personnel attended the training prior to the start of work on the site and shall provide the documentation to the
Director of the City of San José Planning, Building and Code Enforcement, or the Director’s designee, upon
request.

Municipal Water or its
contractor shall contract
a qualified
paleontologist to prepare
paleontological
resources sensitivity
training materials.

Prior to start of
construction
activities.

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

Municipal Water
Documentation
demonstrating that
all construction
personnel attended
the training.

Prior to start of work
on the site. Also, in
the event construction
crews are phased,
additional trainings
shall be conducted for
new construction
personnel.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 18 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

The qualified paleontologist shall prepare, and the
Project proponent for specific construction work
proposed and/or its contractors shall implement, a
Paleontological Resources Monitoring and Mitigation
Plan (PRMMP). The Project proponent shall submit the
plan to the City of San José Director of Planning
Building and Code Enforcement or Director’ designee
for review and approval at least 30 days prior to the start of construction. This plan shall address the specifics of monitoring and mitigation and comply with the
recommendations of the Society of Vertebrate
Paleontology (SVP) (2010), as follows.

1. The qualified paleontologist shall identify, and the Project proponent or its contractor(s), shall retain,
qualified paleontological resource monitors
(qualified monitors) meeting the SVP standards
(2010).

2. The qualified paleontologist or the qualified
monitors under the direction of the qualified
paleontologist shall conduct full-time
paleontological resources monitoring for all ground-
disturbing activities, including excavation that
exceeds two feet in depth, in previously undisturbed
sediments within the Project site that have high
paleontological sensitivity. The PRMMP shall
clearly map these portions of the Project site based
on final design provided by the Project proponent
and/or its contractor(s).

Municipal Water or its
contractor shall contract
a qualified
paleontologist to prepare

a Paleontological
Resources Monitoring
and Mitigation Plan. The
Project proponent for
specific construction
work proposed and/or
its contractors shall
implement the
Paleontological
Resources Monitoring
and Mitigation Plan.

Submit the plan at
least 30 days prior to
the start of
construction.

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

Municipal Water

Review and approve
the Paleontological
Resources
Monitoring and
Mitigation Plan.

At least 30 days prior
to the start of
construction.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 19 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

3. If multiple pieces of heavy equipment (gross vehicle weight of 10,000 pounds or more) are in use
simultaneously but at diverse locations, each
location will need to be individually monitored.

4. Qualified monitors shall have the authority to
temporarily halt or divert work away from exposed
fossils in order to evaluate and recover the fossil
specimens, establishing a 50-foot buffer.

5. If construction or other Project personnel discover
any potential fossils during construction, regardless
of the depth of work or location and regardless of
whether the site is being monitored, work at the
discovery location shall cease in a 50-foot radius of
the discovery until the qualified paleontologist has
assessed the discovery and made recommendations
as to the appropriate treatment.

6. The qualified paleontologist shall determine the
significance of any fossils discovered and shall
determine the appropriate treatment for significant
fossils in accordance with the SVP standards. The
qualified paleontologist shall inform the Project
proponent of these determinations as soon as
practicable.

7. Monitors shall prepare daily logs detailing the types of activities and soils observed, and any discoveries.

The qualified paleontologist shall prepare a final
monitoring and mitigation report to document the
results of the monitoring effort and any curation of
fossils. The project proponent shall provide the daily
logs to the City of San José Director of Planning,

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 20 File No.: ER22-114

Municipal Water New Offices Project
File No. ER22-114

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: The Project would be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment.

Mitigation Measure HAZ-1: Site Management Plan.

The City will require the construction contractor for the Project to develop and implement a Site Management
Plan (SMP) or similar document to manage excavation
of the area of the possible septic tank and leach field.

The SMP shall be prepared prior to construction to
reduce or eliminate exposure risk to human health and
the environment, specifically, potential risks associated with the presence of contaminated materials associated
with the possible septic tank and leach field. At a
minimum, the SMP shall include the following: 1)
excavation procedures to determine whether the septic
tank and leach field are still present; 2) septic tank and leach field removal procedures, including stockpile
management and dust control; 3) proper disposal
procedures of the septic tank and contaminated
materials, if any; 4) monitoring, reporting, and
regulatory oversight notifications; and 5) a health and safety plan for each contractor and subcontractor
working at the site that addresses the safety and health hazards with the requirements and procedures for
employee protection. The health and safety plan will
Municipal Water or
its contractor shall
contract with a
construction
contractor to develop
and implement a Site
Management Plan.

The Site Management
Plan shall be prepared
prior to construction.

The City of San Jose
Director of Planning
Building and Code
Enforcement or
Director’ designee.

Municipal Water
Review and approve
the Site Management
Plan. (Municipal
Water also keep for
their records)
Prior to the approval
of construction
documents.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 21 File No.: ER22-114

Municipal Water New Offices Project
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Source: City of San José. Initial Study/Mitigated Negative Declaration. Municipal Water New Offices Project. January 2023.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DRAFT--Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

San Jose City CouncilJune 20, 2023

San Jose City Council
June 20, 2023