(1) Resolution — San Jose City Council, August 8, 2023

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Council Agenda: 8/8/23
Item No.: 10.1(d)(1)
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 FAIRFIELD INN AND SUITES

PROJECT MITIGATED NEGATIVE DECLARATION, FOR

WHICH AN INITIAL STUDY WAS PREPARED, AND

ADOPTING A RELATED MITIGATION MONITORING AND

REPORTING PROGRAM ALL IN ACCORDANCE WITH

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

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 Mitigated Negative Declaration for the Fairfield Inn and Suites Project under Planning File Nos. PDC22- 005, PD22- 010, and ER21- 007 (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 Fairfield Inn and Suites Project analyzed under the Initial Study/Mitigated Negative Declaration consists of a p roject to rezone the subject property to Heavy Industrial Planned Development Zoning, demoli sh five commercial structures, remov e eight ordinance-size and three non-ordinance-size trees, construct a five-story, 124,345- square-foot, 120-guestroom hotel with a rooftop public eating establishment, and convert an existing motel building to incidental office use on a 1.5-gross-acre site (the “Project”) located at 1669 Monterey Road (Assessor’s Parcel Numbers 456- 02-019 and 456- 02- 020); 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 each of those significant effects to a less-than-significant level; and
NVF:DHZ:DJF
7/27/23
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Council Agenda: 8/8/23
Item No.: 10.1(d)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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 m itigation 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 f or 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 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 Negative 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 electronically on the City of San José’s Department of NVF:DHZ:DJF
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Council Agenda: 8/8/23
Item No.: 10.1(d)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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 by reference into the body of this Resolution.

THAT THE CI TY 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 u pon or approving the Project, (2) the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent 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.

THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and al l 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 Nos. PDC22-005, PD22-010, and ER21- 007). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/ Mitigated Negative NVF:DHZ:DJF
7/27/23
4 T-52008.002/2023515_2
Council Agenda: 8/8/23
Item No.: 10.1(d)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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 electronically on the City of San José’s Department of Planning, Building and Code Enforcement website, 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

Page | 1 File No.: H20-026

MITIGATION MONITORING AND REPORTING PROGRAM
Fairfield Inn & Suites
1669 Monterey Road
File Nos. GP21-001/PDC22-005/PD22-010
August 2022
EXHIBIT "A"
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.

Page | 2 File No.: H20-026

PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program 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/Mitigated Negative Declaration (IS/MND) prepared for the Fairfield Inn & Suites – 1669 Monterey Road General Plan Amendment and Rezoning 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 Mitigation Monitoring and Reporting Program 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.

I, , the applicant, on the behalf of , hereby a gree to implement the mitigation measures described below which have been developed in conjunction with the preparation of IS/MND 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___________________________________________________________ Dhaval Panchal Casa Linda Motel LLC
June 8th, 2023
Dhaval Panchal Managing
Member Casa Linda Motel LLC
Digitally signed by Dhaval Panchal
Managing Member Casa Linda Motel LLC
Date: 2023.06.08 13:14:33 -07'00'
EXHIBIT "A"
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.

Page | 3 F ile No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

MM BIO-1: Prior to the issuance of demolition,
grading, tree removal or building permits (whichever
occurs first), the project applicant shall schedule
demolition and 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 1
st through August 31st
(inclusive).

If demolition and construction cannot be scheduled to
occur between September 1st and January 31st
(inclusive and as amended), pre-construction surveys
for nesting birds shall be completed by a qualified
ornithologist or biologist 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 the breeding season (May 1st through August 31st,
inclusive). During this survey, the ornithologist/
biologist shall inspect all trees and other possible
nesting habitats within 250 feet of the construction
areas for nests.

Avoid starting construction
activities during nesting
seasons. If construction
activities cannot be
scheduled to start outside of
nesting season, conduct a
pre-construction nesting bird
survey by a qualified
ornithologist and, in
consultation with the
California Department of
Fish and Wildlife, designate
a construction-free buffer
zone around any discovered
nests.

Submit a report indicating
the results of the survey and
any designated buffer zones
to the Director of Planning,
Building and Code
Enforcement or Director’s
designee.

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

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

Confirm that
demolition and
construction
activities are
scheduled to start
outside of the
nesting season; or
Review report
indicating the
results of the
survey and any
designated buffer
zones.

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

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 4 F ile No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

Prior to any tree removal and construction activities or issuance of any demolition, grading or building permits (whichever occurs first), the ornithologist/biologist
shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of
the Director of the Planning, Building, and Code
Enforcement or the Director’s designee.

Cultural Resources
Impact CR-1: The project may impact prehistoric and historical archaeological deposits during excavation and construction activities.

MM CR-1.1: Monitoring. The project applicant shall
implement the following construction practices and
protocols proposed as part of the project to avoid and
A qualified archaeologist in
collaboration with a Native
American representative
shall monitor the ground
Prior to excavation
activities, including
grading and
Director of Planning,
Building, and Code
Enforcement, or
Director’s designee.

Verify that
monitoring is
completed, and
resources are
Prior to issuance
of any grading
permit
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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 docuemtn.

Page | 5 File No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

Document, tarp, and leave
any archaeological resources
exposed during exploration
if found.

Submit the results of
presence/absence
exploration including any
treatment recommendations
to the Director of the City of
San José Department of
Planning, Building, and
Code Enforcement, or
Director’s designee.
potholing for
utilities.

If archaeological
resources are
exposed
Following
completion of
presence/absence
exploration
documented,
tarped, and left in
place if
encountered.

Review
presence/absence
exploration report
MM CR-1.2: Treatment Plan. If pre-historic-era or
historic-era resources are discovered during the
implementation of MM CR-1.1, the project applicant
shall prepare a treatment plan that reflects permit-level detail pertaining to depths and locations of excavation activities. The treatment plan shall be prepared and
submitted to the Director of the City of San José
Department of Planning, Building, and Code
Enforcement or Director’s designee prior to approval
of any grading permits. The treatment plan shall
contain, at a minimum:

If pre-historic-era or
historic-era resources are
discovered during the
implementation of MM CR-

1.1, a qualified archaeologist
shall prepare and submit
treatment plan.

Ongoing during the
monitoring,
grading, or other
construction
activities.

As needed if
resources are
discovered during
monitoring and
during excavation
activities.

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

Review and
approve treatment
plan.

Prior to the
approval of any
grading permits.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 6 File No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

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 CR 1.3: Evaluation. The project applicant shall
notify the Director of the City of San José Department
of Planning, Building, and Code Enforcement or
The project applicant shall
notify the Director of the
City of San José Department
Ongoing during the
monitoring,
grading, or other
Director of Planning,
Building, and Code
Review notification
of find.

Ongoing during
the monitoring,
grading, or other
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 7 File No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

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 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
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 City of San José Department of
Planning, Building, and Code Enforcement or
Director’s designee.
of Planning, Building, and
Code Enforcement or
Director’s designee of any
finds. 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.

Submit documentation
submitted to the Northwest
Information Center and
Native American Heritage
Commission (NAHC)
Sacred Land Files, and/or
equivalent.
construction
activities.

As needed if
resources are
discovered during
monitoring and
during excavation
activities.

Enforcement or
Director’s designee
Review evaluation
documentation and
recordation of
finds.
construction
activities, and
prior to issuance
of an occupancy
permit.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 8 F ile No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

MM NSE 2: Construction Noise Logistics Plan.

Prior to the issuance of any demolition, grading or
building permits, the project applicant shall prepare
and implement a construction noise logistics plan that
specifies hours of construction, noise and vibration
minimization measures, posting and notification of
construction schedules, equipment to be used, and
designation of a noise disturbance coordinator. The
noise disturbance coordinator shall respond to
neighborhood complaints and shall be in place prior to
the start of construction (i.e. prior to grading permits) and implemented during construction to reduce noise
impacts on neighboring residents and other uses. The
construction noise logistic plan shall be submitted to
the Director of Planning, Building and Code
Enforcement or Director’s designee for review prior to
the issuance of any demolition, grading, or building
permits. As a part of the construction noise logistics
plan, construction activities for the proposed project
shall include, but are not limited to, the following best management practices:
x Pile Driving is prohibited.
x 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
Submit a construction noise
logistics plan.

Implement the construction
vibration monitoring plan.

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

Implementation to
occur prior to,
during, and after
noise generating
construction
activities.

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

Review and
approve the
construction noise
logistics plan.

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

Ongoing
throughout
construction.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 9 File No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

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
development permit or other planning approval. No
construction activities are permitted on the
weekends at sites within 500 feet of a residence
(San José Municipal Code Section 20.100.450).
x Construct temporary noise barriers, where feasible,
to screen mobile and stationary construction
equipment. The temporary noise barrier fences
provide noise reduction if the noise barrier
interrupts the line-of-sight between the noise source
and receiver and if the barrier is constructed in a
manner that eliminates any cracks or gaps.
x Equip all internal combustion engine-driven
equipment with intake and exhaust mufflers that are
in good condition and appropriate for the
equipment.
x Unnecessary idling of internal combustion engines
shall be strictly prohibited.
x 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.
x Utilize "quiet" air compressors and other stationary
noise sources where technology exists.
x Construction staging areas shall be established at
locations that would create the greatest distance
between the construction-related noise source and
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 10 File No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

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
noise-sensitive receptors nearest the project site
during all project construction.
x A temporary noise control blanket barrier shall be
erected, if necessary, along building facades facing
construction sites. This mitigation would only be
necessary if conflicts occurred which were
irresolvable by proper scheduling.
x Locate material stockpiles, as well as
maintenance/equipment staging and parking areas,
as far as feasible from residential receptors.
x Control noise from construction workers’ radios to
a point where they are not audible at existing
residences bordering the project site.
x The project applicant shall prepare a detailed
construction schedule for major noise-generating
construction activities. The construction plan shall
identify a procedure for coordination with adjacent
residential land uses so that construction activities
can be scheduled to minimize noise disturbance.
x 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.
x 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
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 11 F ile No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

Conspicuously post a telephone number for the
disturbance coordinator at the construction site and
include it in the notice sent to neighbors regarding
the construction schedule.

Impact NSE-2: Construction of the project would generate vibration levels of up to 1.233 in/sec PPV, exceeding the General Plan threshold 0.2 in/sec PPV or more at buildings of normal conventional construction located within 25 feet of the project site.

MM NSE 2: Construction Vibration Monitoring,
Treatment, and Reporting Plan. Prior to the issuance
of any grading permits, the project applicant shall
implement a construction vibration monitoring 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 construction vibration
monitoring plan shall include, but not be limited to, the following measures:
x The report shall include a description of
measurement methods, equipment used,
calibration certificates, and graphics as required
to clearly identify vibration-monitoring locations.
x A list of all heavy construction equipment to be
used for this project and the anticipated time
duration of using the equipment that is known to
produce high vibration levels (clam shovel drops,
vibratory rollers, hoe rams, large bulldozers,
Submit a construction
vibration monitoring plan to
document conditions of
existing conventional
buildings within 30 feet of
the project site and historic
buildings within 60 feet of
the project site.

Implement the construction
vibration monitoring plan.

Conduct a post-construction
survey on structures where
either monitoring has
Prior to the issuance
of any grading or
demolition permits
(whichever occurs
first).

Implementation to
occur prior to,
during, and after
vibration generating
construction
activities.

Within 14 days of
completion of
construction.

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

Review and
approve the
construction
monitoring
vibration plan.

Receive associated
monitoring and
Prior to the
issuance of any
grading or
demolition
permits
(whichever
occurs first).

Ongoing
throughout
construction.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 12 File No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

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
caisson drillings, loaded trucks, jackhammers,
etc.) shall be submitted to the Director of
Planning or Director’s designee of the
Department of Planning, Building, and Code
Enforcement 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 required for
continuous vibration monitoring. Phase
demolition, earth-moving, and ground impacting
operations so as not to occur during the same time
period.
x Prohibit the use of heavy vibration-generating
construction equipment within 30 feet of adjacent
buildings.
x Use a smaller vibratory roller, such as the
Caterpillar model CP433E vibratory compactor,
when compacting materials within 30 feet of
adjacent buildings. Only use the static compaction
mode when compacting materials within 15 feet
of buildings.
x Document conditions at all structures located
within 30 feet of construction prior to, during, and
after vibration generating construction activities
with the agreement of property owners. 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:
indicated high vibration
levels or complaints of
damage has been made.
post-construction
reports.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 13 File No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

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
all construction activities identified
as
s
ources of high vibration levels.
o Performance of a photo survey, elevation
s
urvey, and crack monitoring survey for each
s
tructure of normal construction within 30
feet of all construction activities identified as
s
ources of high vibration levels. Surveys
shall be performed prior to any construction
activ
ity, in regular intervals during
construction, and after project completion of
v
ibration generating construction activities,
and s
hall include internal and external crack
monitoring in the structures, settlement, and
distress, and shall document the condition of
the foundations, walls and other structural
elements in the interior and exterior of said
structures.
x 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 adjacent
buildings.
x The contractor shall alert heavy equipment
operators to the close proximity of the adjacent
structures so they can exercise extra care.
x Designate a person responsible for registering and
investigating claims of excessive vibration. The
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

Page | 14 File No.: H20-026
Fairfield Inn & Suites
1669 Monterey Road GPA & Rezoning
Project
File Nos. GP21-001/PDC22-005/PD22-010

Construction contingencies shall be identified for
when vibration levels approached the limits.
x At a minimum, vibration monitoring shall be
conducted during demolition and excavation
activities.

Conduct a post-construction survey on structures
where either monitoring has indicated high vibration
levels or complaints of damage has been made. Make
appropriate repairs or compensation where damage
has occurred as a result of construction activities.

Source: Initial Study/Mitigated Negative Declaration, Fairfield Inn & Suites, 1669 Monterey Road General Plan Amendment & Rezoning (GP21-001/PDC22-005/PD22-010), City of San José, August 2022.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
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.

San Jose City CouncilAugust 8, 2023

San Jose City Council
August 8, 2023