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

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Item No.: 10.1(e)(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 350 WEST TRIMBLE ROAD

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 Mitigated Negative Declaration for the 350 West Trimble Road Project under Planning File Nos. PDC22-009 and PD22-028 (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 350 West Trimble Road Project (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration consists of a rezoning from the IP(PD) Industrial Park Planned Development Zoning District to IP(PD) Industrial Park Planned Development Zoning District and a Planned Development Permit to construct a 50-foot- high, 208,000-square-foot manufacturing and assembly building, surface parking, associated landscaping, and removal of 57 trees, including 43 ordinance-size trees on an approximately 10.9-acre site located on the southwest corner of West Trimble Road and Orchard Parkway (350 West Trimble Road) (Assessor’s Parcel Number 101-02- 018), San José, California; 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:AXY:DJF
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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 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 on-line and are, by this reference, incorporated into this Resolution as if fully set forth herein;

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Item No.: 10.1(e)(1)
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:

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 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 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 Nos. PDC22-009, PD22-028). 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.

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Item No.: 10.1(e)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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
350 West Trimble Road Project
File Nos. PDC22-009, PD22-028, ER22-210
March 2023
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 1 File Nos.: PDC22-009,
PD22-028, ER 22-210

PREFACE
Section 21081.6 of the C
alifornia 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/M
itigated Negative Declaration (IS/MND) prepared for the 350 West Trimble Road 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.

The mitigation me
asures enumerated in this document would reduce the level of impact of potential environmental effects of the proposed action. In all cases, these mitigation measures would reduce the impact of effects determined to be significant prior to mitigation to less-than-significant levels.

This document does not d
iscuss 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 agree to fully implement the Mitigation Measures described below which have been developed in conjunction with the preparation of an 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 Applica
nt’s Signature _____________________________________________ Date___________________
________________________________________
Anthony Calderone LBA RVI - Company I, LP
May 30, 2023
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 2 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

BIOLOGICAL RESOURCES
Impact BIO-1: Development of the proposed project could result in impacts to burrowing owls on-site or immediately adjacent to the construction zone, if present on the site at the time of construction.

MM BIO-1.1: Prior to any construction activities, a
qualified biologist shall conduct pre-construction
surveys for burrowing owls. To maximize the
likelihood of detecting owls, the pre-construction
survey shall last a minimum of three hours. The survey
shall begin one hour before sunrise and continue until
two hours after sunrise (for three hours total) or begin two hours before sunset and continue until one hour
after sunset. A minimum of two surveys shall be
conducted (if owls are detected on the first survey, a
second survey is not needed). All owls observed shall
be counted and their locations shall be mapped.

Surveys shall conclude no more than two calendar days
prior to construction. Therefore, the project applicant must begin surveys no more than four days prior to
construction (two days of surveying plus up to two
A qualified biologist shall
conduct burrowing owls pre-
construction surveys and submit a
report documenting the
methodology and results prior to
initiation of construction.

Prior to initiation
of construction
activities.

Director of
Planning,
Building and
Code
Enforcement or
Director’s
designee
The report
submitted by the
biologist shall be
reviewed; if
evidence of
burrowing owls are
detected, the
Director or the
Director’s designee
shall verify
construction is
proceeding in
accordance with
MM BIO-1.2 or
MM BIO-1.3,
depending on when
construction
Prior to
initiation of
construction
activities.

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

Page | 3 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

A report documenting the methodology and results of
the pre-construction surveys shall be submitted to
City’s Director of Planning, Building and Code
Enforcement or Director’s designee prior to initiation
of construction. Permits related to construction
activities shall include a stipulation allowing
construction activities to proceed as planned if no
evidence of burrowing owls is found. If evidence of
burrowing owls is found, project construction shall be
allowed to proceed in accordance with MM BIO-1.2 or
MM BIO-1.3, depending on whether the construction
activities are proposed during the non-breeding
activities are
scheduled.

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

Page | 4 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

MM BIO-1.2: During the non-breeding season
(September 1 to January 31, inclusive), the project
applicant will establish a 250-foot non-disturbance
buffer around occupied burrows as determined by the
pre-construction surveys discussed in MM BIO-1.1.

Construction activities outside of this 250-foot buffer shall be allowed. Construction activities within the
non-disturbance buffer shall be allowed if the
following criteria are met in order to prevent owls from abandoning important overwintering sites:
• A qualified biologist monitors the owls for at
least three days prior to construction to
determine baseline foraging behavior (i.e.,
behavior without construction).
• The same qualified biologist monitors the
owls during construction and finds no change
in owl foraging behavior in response to
construction activities.

The project applicant shall
observe a non-disturbance buffer
of 250 feet around all occupied
burrows, except under the criteria
identified in MM BIO-1.2 as
confirmed by a qualified
biologist.

If occupied
burrows found,
prior to and during
construction in
non-breeding
season (between
September 1 and
January 31)
Director of
Planning,
Building and
Code
Enforcement or
Director’s
designee
Review and
approve requests
conduct
construction
activities within
non-disturbance
buffer based on
request supported
by qualified
biologist.

During
construction in
non-breeding
season, between
September 1 and
January 31
(inclusive)
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 5 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

After all usable burrows are excavated, the
buffer zone will be removed and construction
may continue.
• Monitoring must continue for the non-
breeding season as long as the burrow(s)
remain(s) active.

MM BIO-1.3: If evidence of western burrowing owls
is found during the breeding season (February 1 to
August 31, inclusive), the project applicant will avoid all nest sites that could be disturbed by project
construction during the remainder of the breeding
The project applicant shall
observe a non-disturbance buffer
of 250 feet around all occupied
burrows, except under the criteria
identified in MM BIO-1.3.

If occupied
burrows found,
prior to and during
construction in
breeding season
Director of
Planning,
Building and
Code
Enforcement or
Review and
approve the
avoidance,
minimization, and
Prior to
construction.

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

Page | 6 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

Avoidance will include establishment of a 250-foot
non-disturbance buffer zone around nests.

Construction may occur outside of the 250-foot non-
disturbance buffer zone. As outlined in Condition
Number 15 of the Habitat Plan, construction may occur
inside of the 250-foot non-disturbance buffer during
the breeding season if:
• the nest is not disturbed, and
• the project applicant develops an avoidance,
minimization, and monitoring plan that will be
reviewed by the City’s Director of Planning,
Building and Code Enforcement or Director’s
designee and the Wildlife Agencies prior to
project construction based on the following
criteria:
o The Director of Planning, Building
and Code Enforcement or Director’s
designee and the Wildlife Agencies
approve of the avoidance and
(February 1
through August
31 st, inclusive).

Director’s
designee;
California
Department of
Fish & Wildlife
monitoring plan (if
a plan is necessary)
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 7 File Nos.: PDC22-009, PD22-028, ER 22-210

File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

Impact BIO-2: Development of the proposed project could result in impacts to nesting birds on-site or immediately adjacent to the construction zone, if present on the site at the time of construction.

MM BIO-2.1: The project applicant shall avoid
construction activities during 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).

Avoid construction activities
during the nesting season.

Schedule
construction
between September
1 through January

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

Confirm that
construction
activities are
scheduled outside
of the nesting
season.

Prior to the
issuance of any
grading and/or
building permit.

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

Page | 8 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

MITIGATIONS MONITORING AND REPORTING PROGRAM
Docu mentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Metho d of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
MM BIO-2.2: If demolition and construction cannot
be scheduled between September 1st and January 31st
(inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to
ensure that no nests will be disturbed during project
implementation. This survey must 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 qualified ornithologist shall inspect all trees and other possible nesting habitats immediately
adjacent to the construction areas for nests.

If construction cannot be
scheduled to occur outside of the
nesting season, and these
activities are initiated during the
nesting season (February 1-
August 31, inclusive), retain a
qualified ornithologist to
complete pre-construction
surveys no more than 14 days
prior to the start of construction
activities.

The pr e-
construction
surveys shall be
completed no more
than 14 days prior
to the initiation of
construction
activities.

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

Review and
approve the pre-
construction survey
plan.

Prior to any tree
removal or the
issuance of any
grading permit
(whichever
occurs first).

MM BIO-2.3: If the qualified ornithologist
determines that an active nest is sufficiently close to work areas to be disturbed by construction, the
ornithologist shall determine the extent of a
construction free buffer zone to be established around
the nest, typically 250 feet, to ensure that raptor or
If an active nest is found, a
qualified ornithologist would
establish a construction free
buffer zone.

Prior to any tree
removal or the
issuance of grading
permit (whichever
occurs first).

Director of
Planning,
Building, and
Code
Enforcement or
Review and
approve the
construction free
buffer zone.

Prior to any tree
removal or the
issuance of any
grading permit
(whichever
occurs first).

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

Page | 9 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

Director’s
designee.

MM BIO-2.4: Prior to any tree removal, or approval of
any grading permit (whichever occurs first), the
ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the
satisfaction of the City’s Director of Planning ,
Building and Code Enforcement or Director’s
designee.

Submit the ornithologist’s report
indicating the results of the
survey and any designated buffer
zones to the City’s Director of
PBCE or the Director’s designee.

Prior to any tree
removal or the
issuance of grading
permit (whichever
occurs first).

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

Review and
approve the pre-
construction survey
report.

Ens
ure that all
measures
recommended by
the ornithologist
are printed on all
construction
documents,
contracts, and
project plans.

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

CULTURAL RESOURCES
Impact CUL-1.1: Construction activities on the project site could potentially result in the disturbance of archaeological/cultural resources pursuant to CEQA Guidelines Section 15064.5.

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

Page | 10 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

Retain a qualified Professional
Archaeologist and Native
American Tribal representative
registered with the Native
American Heritage Commission
for the City of San José and that
is traditionally and culturally
affiliated with the geographic area
as described in Public Resources
Code Section 21080.3 for
monitoring during all ground-
disturbing activities.

Prior to issuance of
grading permits.

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

Review of hiring
proof for a
qualified
Professional
Archaeologist and
Native American
Tribal
representative.

Prior to issuance
of any grading
permits.

If prehistoric or historic resources are encountered
during excavation and/or grading of the site, all activity within a 100-foot radius of the find shall be stopped,
the Director of Planning, Building, and Code
Enforcement (PBCE) or the Director’s designee and
the City’s Historic Preservation Officer (HPO) shall be Stop all ground-disturbing
activities on-site and within a
100-foot radius if prehistoric or
historic resources are
encountered. Notify the Director
of Planning, Building, and Code
During excavation
and/or grading,
with activity
halting
immediately if
prehistoric or
Director of
Planning,
Building, and
Code
Enforcement or
Director’s
Review and
approve report of
findings
During
construction,
following
encountering
cultural
resources. The
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 11 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

Recommendations could include preservation in place,
capping, collection, recordation, and/or analysis of any significant cultural materials.

A report of findings documenting any data recovery
shall be submitted to Director of PBCE or the
Director’s designee, the HPO, and the Northwest
Information Center (if applicable). Project personnel
other than the archaeologist shall not collect or move
any cultural materials. Work within the 100-foot radius shall be suspended until the archaeologist determines
the buffer can be reduced or is no longer needed to
protect the resource.

Enforcement or the Director’s
designee and the City’s Historic
Preservation Officer shall; a
qualified archaeologist shall
examine the find. Submit a report
of findings to Director of
Planning, Building and Code
Enforcement and the City’s
Historic Preservation Officer.

Work can resume within the 100-
foot radius when the
archaeologist determines the
buffer can be reduced or
removed.
historic resources
are encountered
during
construction.
designee and the
City’s Historic
Preservation
Officer
report of
findings shall be
submitted to the

Director of
Planning,
Building, and
Code
Enforcement or
the Director’s
designee, the
Historic
Preservation
Officer, and the
Northwest
Information
Center (if
applicable)
within one
month of
completion of
disposition of
any significant
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 12 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Due to the project site’s agricultural history, there is a potential that the shallow soil on-site contains residual organochlorine pesticides and/or pesticide-based metals arsenic and lead from historic pesticide application. If pesticides are present above State Water Resources Control Board (SWRCB) human health screening levels and not mitigated, construction of the project could result in exposure of construction workers, adjacent properties and future site workers to pesticide contamination.

MM HAZ-1.1: Prior to issuance of any grading
permits, the project applicant shall retain a qualified hazardous materials consultant to take shallow soil
samples in the near surface soil in the proposed project area and test for organochlorine pesticides, petroleum
hydrocarbons, and pesticide-based metals to determine
if contaminants from previous agricultural operations
occur at concentrations above applicable State Water
Resources Control Board (SWRCB) environmental
screening levels. The result of soil sampling and testing shall be provided to the Director of Planning Building
and Code Enforcement or Director’s designee and
Municipal Environmental Compliance Officer.

Retain a qualified hazardous
materials consultant to conduct
shallow soil sampling within the
project site to test for
organochlorine pesticides and
pesticide-based metals.

Submit the results of the soil
sampling and testing to the
Director of Planning, Building,
and Code Enforcement or
Director’s designee, and the
Municipal Environmental
Prior to issuance of
any grading
permits.

Dire ctor of
Planning,
Building, and
Code
Enforcement or
Director’s
designee and the
Municipal
Environmental
Compliance
Officer.

Review and
approve the soil
sampling and
testing results
Prior to issuance
of any grading
permits.

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

Page | 13 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

If contaminated soils are found in concentrations above the appropriate SWRCB environmental screening
levels for the proposed project, the project applicant
shall obtain regulatory oversight from the Santa Clara
County Department of Environmental Health (or
Department of Toxic Substances Control) under their
Site Cleanup Program. A Site Management Plan
(SMP), Removal Action Plan (RAP), or equivalent
document must be prepared by a qualified hazardous
materials consultant. The plan must establish remedial
measures and/or soil management practices to ensure
construction worker safety and the health of future
workers and visitors. The Plan and evidence of
regulatory oversight shall be provided to the Director
of Planning Building and Code Enforcement or
Director’s designee, and the Municipal Environmental
Compliance Officer.

Obtain regulatory oversight from
the Santa Clara County
Department of Environmental
Health (or Department of Toxic
Substances Control) under their
Site Cleanup Program if
contaminated soils are found in
concentrations above the SWRCB
environmental screening levels. A
SMP, RAP, or equivalent
document shall by prepared by a
qualified hazardous materials
consultant to document the
remedial measures and/or soil
management that would be
implemented. Provide the Plan
evidence of regulatory oversight
to the Director of Planning
Building and Code Enforcement
Prior to issuance of
any grading
permits.

Santa Clara
County
Department of
Environmental
Health (or
Department of
Toxic Substances
Control),
Dire
ctor of
Planning,
Building, and
Code
Enforcement or
Director’s
designee, and the
Municipal
Environmental
Review and
approve the SMP,
RAP, or equivalent
document
Receiv
e copy of
SMP, RAP or
equivalent
document verifying
regulatory
oversight
Prior to issuance
of any grading
permits.

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

Page | 14 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

Compliance
Officer f.

NOISE
Impact NOI-1: Commercial uses adjacent to the proposed project site could be exposed to operational mechanical equipment noise in excess of the General Plan’s EC-1.1 60 dBA Leq noise threshold
MM NOI-1.1: Prior to the issuance of any building
permits, the project applicant shall select mechanical
equipment designed to reduce impacts on surrounding
uses to meet the City’s requirements. A qualified
acoustical consultant shall be retained by the project
applicant to review mechanical noise as the equipment
systems are selected in order to determine specific
noise reduction measures necessary to reduce noise to
comply with the City’s 60 dBA Leq noise limit at the
property line of commercial uses and 70 dBA Leq
noise limit at the property line of industrial uses
(pursuant to General Plan Policy ERC-1.2). Noise
Retain a qualified acoustical
consultant to review the
mechanical equipment generated
from the selected equipment
systems and to provide specific
noise reduction measures to
reduce the noise levels below the
City’s 60 dBA Leq noise l
imit at
the shared property line.

Pri
or to the
issuance of any
building permits.

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

Review the
provided plan set
and the signed
letter for the
mechanical
equipment.

Prior to the
issuance of any
building permits.

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

Page | 15 File Nos.: PDC22-009,
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File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

Provide a plan set showing the
location and type of mechanical
equipment, along with a signed
letter by a qualified acoustical
consultant stating the equipment
will comply with the City’s 60
dBA Leq noise limit at the shared
property line

TRANSPORTATION
Impact TRN-1: The project would generate 15.82 VMT per industrial employee, which would exceed the City’s significance threshold of 14.37 VMT per employee for industrial uses.

MM TRN-1.1: Prior to the issuance of any occupancy
permits (temporary or final), the project applicant shall Prepare and implement a Public
Improvement Plan that includes
Prior to the
issuance of any
Director of Public
Works or
A Public
Improvement Plan
Prior to the
issuance of any
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 16 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

MITIGATIONS MONITORING AND REPORTING PROGRAM
Doc umentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Met hod of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
prepare and implement a Public Improvement Plan that
includes multi-modal improvements to be implemented
and schedules for completing the improvements. The
plan shall be submitted to the Director of Public Works or Director’s designee for review and approval. The
plan shall include the following multi-modal
improvements:
• Expand the Reach of Bike Access with
Investment in Infrastructure: The project
applicant shall implement bicycle facilities
that close gaps in the bicycle network and/or
improve the existing bicycle network (e.g.,
construct barrier or buffer for an existing bike
lane). The project applicant shall also be
required to pay in-lieu fees to implement
protected/buffered bicycle lanes along West
Trimble Road and Orchard Parkway on the
opposing side of or beyond the project
frontages. At the intersection of West Trimble
Road and Orchard Parkway, the project
applicant shall complete protected intersection
signal modifications that include striped bike
multi-modal improvements to be
implemented and schedules for
completing the improvements.

The plan shall be submitted to the
Director of Public Works or
Director’s designee for review
and approval.
occupancy permits
(temporary or
final).

Director’s
designee.
that shall be
Review and
approve the Public
Improvement Plan
Conf
irm
implementation of
the multi-modal
improvements
occupancy
permits
(temporary or
final).

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

Page | 17 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

MM TRN-1.2: Prior to the issuance of any occupancy
permits (temporary or final), the project applicant shall submit a final Transportation Demand Management
(TDM) Plan, approved by the Director of Department
of Public Works or Director’s designee and the
Director of Planning, Building and Code Enforcement,
or Director’s designee, that shall include
implementation of one of the following TDM measures
Submit the TDM Plan and annual
trip monitoring reports from
issuance of Certificate of
Occupancy that demonstrate that
project VMT is below threshold
to the Supervising Environmental
Planner.
.

Prior to the
issuance of any
occupancy permits
and monitoring
throughout the
lifetime of the
project.

Director of
Department of
Public Works or
Director’s
designee and the
Director of
Planning,
Building and
Review the annual
trip monitoring
reports and assess
penalties for non-
compliance in
accordance with
Council Policy 5-1,
if warranted.

Prior to the
issuance of any
occupancy
permits and
monitoring
throughout the
lifetime of the
project.

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

Page | 18 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

MITIGATIONS MONITORING AND REPORTING PROGRAM
Docum entation 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
to reduce the project’s VMT to 14.37 VMT or below
per industrial employee.
• Telecommuting and Alternative Work
Schedules: Encourage employees to
telecommute from home when possible, or to
shift work schedules such that travel occurs
outside of peak congestion periods. This
strategy reduces commute trips, thereby
reducing VMT. At a minimum, the measure
would require that 65 percent of employees
work a 4/40 work week schedule (10-hour
workdays for four days a week), or,
• Operate a Free Direct Shuttle: Provide direct
shuttle service to the project site from areas
with high concentrations of employees. This
strategy reduces drive-alone commute trips,
thereby reducing VMT. At a minimum, the
measure would require at least 20 percent
participation by employees, or,
• Subsidize Vanpool: Provide subsidies for
individuals forming new vanpools for their
commute. This encourages the use of
vanpools, reducing drive-alone trips, and
If the annual trip monitoring
report finds that the project is
exceeding the established trip cap,
submit a follow-up report that
demonstrates compliance with the
trip cap requirements within a
grace period, which typically will
not exceed six months.

Code
Enforcement, or
Director’s
designee
(Supervising
Environmental
Planner).

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

Page | 19 File Nos.: PDC22-009,
PD22-028, ER 22-210
File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

MITIGATIONS MONITORING AND REPORTING PROGRAM
Docum entation 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
thereby reducing VMT. The project would be
required to subsidize 100 percent of the cost
of the vanpool cost with at least 20 percent
employee participation.
• The TDM Plan shall include a trip cap for
VMT monitoring purposes. Annual trip
monitoring reports shall be submitted that
demonstrate that project VMT is below
threshold. If the annual trip monitoring report
finds that the project is exceeding the
established trip cap, the project applicant shall
be required to submit a follow-up report that
demonstrates compliance with the trip cap
requirements within a grace period, which
typically will not exceed six months. Penalties
shall be assessed if a project does not meet the
trip cap requirements by the end of the grace
period. Penalties for non-compliance shall be
assessed by the City as defined in the Council
Policy 5-1.

TRIBAL CULTURAL RESOURCES
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 20 File Nos.: PDC22-009,
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Source:

City of San José. 350 West Trimble Road Project Initial Study. March 2023.

File Nos. PDC22-009, PD22-028, ER 22-210
350 West Trimble Road Project

MM TCR-1.1: Cultural Sensitivity Training: A
qualified Native American Tribal representative,
registered with the Native American Heritage
Commission (NAHC) for the City of San José and that
is traditionally and culturally affiliated with the
geographic area, shall provide at least one cultural
sensitivity training to construction personnel prior to the initial ground-breaking activities. Prior to the
issuance of any grading and/or building permits
(whichever occurs earliest), evidence of the cultural
sensitivity training shall be submitted to the Director of Planning, Building and Code Enforcement or
Director’s Designee.

Provide at least one cultural
sensitivity training to construction
personnel prior to the initial
ground-breaking activities with a
qualified Native American Tribal
representative, registered with the
NAHC for the City of San José
providing the training.

Evidence of the cultural
sensitivity training shall be
submitted to the Director of
Planning, Building and Code
Enforcement or Director’s
Designee.

Prior to the
issuance of any
grading and/or
building permits
(whichever occurs
earliest).

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

Review evidence of
the cultural
sensitivity training.

Prior to the
issuance of any
grading and/or
building permits
(whichever
occurs earliest).

EXHIBIT "A"
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