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

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

RESOLUTION NO. _______

A RESOLUT

ION OF THE COUNCIL OF THE CITY OF SAN

JOSE ADOPTING THE MOORPARK AVENUE

MULTIFAMILY RESIDENTIA L PROJECT MITIGATED

NEGATIVE DECLARATION, FOR WHICH AN INITIAL

STUDY WAS PREPARED, AND ADOPTING A RELATED

MITIGATION MONITORING AND REPORTING PROGRAM

ALL IN ACCORDANCE WI TH 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 Jo sé prepared an Initial Study and approved for circulation a Mitigated Negative Declarat ion for the Moorpark Avenue Multifamily Residential Project under Planning File Nos. Moorpark No. 24, C20-001, and ER20-232 (the “Initial Study/Mitigated Negative Decl aration”), 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 Moorpark Avenue Multifamily Residential Project (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration consists of a Public Project to annex the project site, pre-zone to a Mix ed Use Neighborhood Zoning District, demolish all existing residential structures, and construc t five three-story build ings containing 41 residential units on a 2.01-acre site at 2323, 2369, 2389, and 2391 Moorpark Avenue (Assessor’s Parcel Numbers 282-01-014, -015, - 016, -022, -023, -024, -025), in unincorporated Santa Clara County, California; and
WHEREAS, the Initial Study/Mitigated Negat ive 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
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Item No.: 10.1(c)(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 pr oject involving the preparation of an initial study/mitigated negative declaration t hat 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 moni toring and reporting program to ensure compliance with the mitigation measures dur ing project implementation, and such a mitigation monitoring and r eporting program has been prepar ed 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 cons idered 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/Miti gated 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, Califor nia, 95113, are available for inspection by any interested person at that location and electronically on the City of San José’s Department of Planning, Building and Code Enforcement w ebsite, and are, by this reference, incorporated into this Resolution as if fully set forth herein; NVF:DHZ:DJF
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Council Agenda: 8/8/23
Item No.: 10.1(c)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI L 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 CITY COUNCIL does hereby make the follo wing findings: (1) it has independently reviewed and analyzed the Init ial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Projec t, (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 bas ed upon the entire record of proceedings before it and all information receiv ed 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 rela ted Mitigation Monitoring and Reporting Program prepared for the Project (Planning F ile Nos. Moorpark No. 24, C20-001, and ER20-232). 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 C ode Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and electronically on the City NVF:DHZ:DJF
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Item No.: 10.1(c)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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
Ma
yor
ATTEST:

TONI J. TABER, CMC
Cit
y Clerk

Moorpark Avenue Multi-Family Residential Project
File No. H20-035

MITIGATION MONITORING AND REPORTING PROGRAM
Moorpark Avenue Multi-Family Residential Project
File No. H20-035
April 2023
EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 3 File No.: H21-022

AIR QUALITY
Impact AIR-1: PM2.5 exhaust emissions generated during unmitigated project construction would result in an incremental cancer risk of approximately 13.5 in one million at the Maximally Impacted Sensitive Receptor (MIR), which would exceed the 10 in one million threshold set by the BAAQMD. Therefore, the project could conflict with the applicable air quality plan and could expose sensitive receptors to substantial pollutant concentrations prior to incorporation of mitigation.

MM AIR-1: Prior to issuance of any demolition,
grading and/or building permits (whichever occurs
earliest), the project applicant shall prepare and
submit a construction operations and management
plan that includes specifications of the equipment
to be used during construction to the Director of
Planning, Building and Code Enforcement or the
Director’s Designee. The plan shall be accompanied
by a letter signed by a qualified air quality
specialist, verifying that the equipment included in
the plan meets the standards set forth below.
• For 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 U.S. EPA Tier 4 Final
emission standards.

Submit a construction
operations and
management plan to the
Director of Planning,
Building and Code
Enforcement or the
Director’s designee for
review and approval.

Prior to issuance of
any demolition,
grading and/or
building permits.

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

Review and
approve
construction
operations and
management
plan.

Prior to
issuance of any
demolition,
grading and/or
building
permits.

Planning, Building and Code Enforcement
EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 4 File No.: H21-022

The project applicant shall submit a construction
operations and management plan prepared by the
construction contractor that outlines how the
contractor will 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 issuance of any
demolition, grading and/or building permits
(whichever occurs earliest). 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
EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 5 File No.: H21-022

BIOLOGICAL RESOURCES
Impact BIO-1: The development of the proposed project has the potential to impact protected bird nests due to the removal of vegetation or indirectly harm birds though the generation of noise, lights, and other man-made disturbances that could result in the abandonment of eggs or young. The removal of trees that may provide nesting habitats would be a significant impact that requires mitigation.

MM BIO-1 Prior to the issuance of any tree
removal, grading, building, or demolition permits
(whichever comes first), the project applicant 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.

If construction activities cannot be scheduled
between September 1st and January 31st
(inclusive), pre-construction surveys for nesting
birds shall be completed by a qualified ornithologist
If construction activities
cannot be scheduled
outside of nesting
season, conduct pre-
construction surveys for
nesting birds prior to
initiation of construction
activities.

Submit report indicating
the results of the survey
and any designated
buffer zones to the
satisfaction of the
Director of Planning,
Building and Code
Prior to the
issuance of any tree
removal, grading,
building, or
demolition permits
(whichever comes
first), or if
construction
activities cannot be
scheduled between
September 1st and
January 31st
(inclusive)
For a pre-
construction
Director of
Planning, Building
and Code
Enforcement or
Director’s
designee.

Receive report of
results of survey.

Prior to
issuance of any
demolition,
grading and/or
building
permits.

EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 6 File No.: H21-022

If an active nest is found within 250 feet of the
project area to be disturbed by construction, the
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.

Prior to any tree removal, or approval of any
grading or demolition 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 Planning, Building and Code
Enforcement or Director’s designee.

Enforcement or
Director’s designee.
survey, 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).

EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 7 File No.: H21-022

MM BIO-2: Prior to the issuance of any tree
removal, grading, building, or demolition permits
(whichever comes first), a qualified biologist shall
conduct a pre-construction survey for special-status
bats to characterize potential bat habitat and
identify active roost sites within 100 feet of the
project site. The survey shall be conducted within
two (2) calendar days prior to any ground-
disturbing activity. The results of the surveys and
the locations of any designated buffer zones shall
be submitted to the Director of Planning, Building
and Code Enforcement, or the Director’s designee.

Should potential roosting habitat or active bat
roosts be found in trees and/or structures to be
removed or renovated under the project or within a
100-foot buffer zone from these areas, the
following measures shall be implemented:
• Removal of trees and structures with active
roosts shall occur when bats are active,
approximately between March 1 and April 15
inclusive and between September 1 and
October 15 inclusive. To the extent feasible,
removal shall occur outside of bat maternity
roosting season (approximately April 15 to
August 31 inclusive) and outside of the months
of winter torpor (approximately October 16 to
February 28 inclusive).

Conduct pre-
construction special-
status bat surveys and
send results to the
Director of Planning,
Building, and Code
Enforcement, or the
Director’s designee.

Submit results of the
surveys and the
locations of any
designated buffer zones
shall be submitted to
the Director of Planning,
Building and Code
Enforcement, or the
Director’s designee.

Prior to the
issuance of any tree
removal, grading,
building, or
demolition permits
(whichever comes
first); Within 2
calendar days prior
to any ground
disturbance.

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

Receive the
survey and the
locations of any
designated buffer
zones.

Prior to the
issuance of any
tree removal,
grading,
building, or
demolition
permits
(whichever
comes first);
prior to any
ground
disturbance.

EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 8 File No.: H21-022

The qualified biologist shall be present during
removal of trees and structures when active bat
roosts not being used for maternity or hibernation
purposes are present. Trees and structures with
active roosts shall be removed only when no rain is
occurring and rain is not forecast to occur for 3 days
following removal of the roost, and when daytime
temperatures are at least 50°F.
• Removal of trees with active or potentially
active r
oost sites shall follow a two-step
removal process:

1. On the first day of tree removal and under
the supervision of the qualified biologist,
branches and limbs that do not contain
EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 9 File No.: H21-022

2. On the following day and under the
supervision of the qualified biologist, after
confirmation that bats have not returned, the
remainder of the tree may be removed, using
either chain saws or other equipment (e.g.,
excavator or backhoe).

Structures that contain or are suspected to contain
active bat roosts, but that are not being used for
maternity or hibernation purposes, shall be
dismantled under the supervision of the qualified
biologist in the evening, after bats have emerged
from the roost to forage. The structures shall be
partially dismantled to substantially change roost
conditions, causing the bats to abandon and not
return to the roost.

CULTURAL AND TRIBAL RESOURCES
Impact CUL-1: The location of the project site and the existence of a recorded prehistoric resource in the vicinity results in the project site to be moderately sensitive for archaeological resources. Archaeological resources can include but are not limited to stone, bone, wood, or shell artifacts or features, including hearths and structural elements. Damage or destruction of these resources would have a potentially significant impact.

MM CUL-1: Monitoring The project applicant shall
implement the following construction practices and
protocols proposed as part of the project to avoid
and minimize potential impacts to unknown
archaeological resources:

Conduct full-time
monitoring of all
project-related ground
disturbance following
demolition of the
Before
construction;
during initial
ground
disturbance; prior
Director of
Planning, Building
and Code
Enforcement or
Confirm
implementation
of training and
monitoring;
Prior to the
issuance of any
grading permits
EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 10 File No.: H21-022

Submit a report of
findings documenting
any data recovery to the
Director of Planning,
Building or Code
Enforcement or the
Director’s designee and
the City’s Historic
Preservation Officer and
the NWIC.
to issuance of any
grading permit
Director’s
designee and the
City’s Historic
Preservation
Officer.
review
archaeologist
report.

Impact CUL-1: The location of the project site and the existence of a recorded prehistoric resource in the vicinity results in the project site to be moderately sensitive for archaeological resources. Archaeological resources can include but are not limited to stone, bone, wood, or shell artifacts or features, including hearths and structural elements. Damage or destruction of these resources would have a potentially significant impact.

MM CUL-2: Treatment Plan If cultural resources are
encountered during ground-disturbing activities, ,
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 issuance of grading
Submit a treatment plan
to the Director of
Planning, Building, and
Code Enforcement or
the Director’s designee
for review and approval.

Prior to the
issuance of grading
permit
Director of
Planning, Building
and Code
Enforcement or
Director’s
designee.

Review and
approve the
treatment plan.

Prior to the
issuance of
grading permit
EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 11 File No.: H21-022

MONITORING AND REPORTING PROGRAM
Mitigations
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
permit. The treatment plan shall contain, at a
minimum:
• Identification of the scope of work and range of
subsurf
ace effects (including location map and
development plan), including requirements for
preliminary field investigations.
• Description of the environmental setting (past
and present) and the historic/prehistoric
background of the parcel (potential range of
what might be found).
• Monitoring schedules and individuals.
• Development of research questions and goals
to be addressed by the investigation (what is
significant vs. what is redundant information).
• Detailed field strategy to record, recover, or
avoid the finds and address research goals.
• Analytical methods.
• Report structure and outline of document
contents.
• Disposition of the artifacts.
• Security approaches or protocols for finds.
• Appendices: all site records, correspondence,
and consultation with Native Americans, etc.

Implementation of the plan, by a qualified
archaeologist, shall be required prior to any
grading activities. The treatment plan shall
utilize data recovery methods to reduce
impacts on subsurface resources.

EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 12 File No.: H21-022

MM CUL-3: Evaluation. The project applicant shall
notify the Director of the City of San José
Department of Planning, Building, and Code
Enforcement or Director’s designee of any finds
during 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 occupancy. 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.

Notify and submit
evaluation,
documentation, and
recordation to the
Director of the City of
San José Department of
Planning, Building, and
Code Enforcement or
Director’s designee of
any finds;
During grading or
other construction
activities; during
the preliminary
field investigation
and during
excavation
activities
Director of
Planning, Building
and Code
Enforcement or
Director’s
designee; NIC;
NAHC
Review and
approve the
evaluation,
documentation,
and recordation.

During grading
or other
construction
activities;
during the
preliminary
field
investigation
and during
excavation
activities
EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 13 File No.: H21-022

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Elevated concentrations of mercury (one sample), arsenic (four samples), chlordane (two samples), and dieldrin (two samples) likely resulted from past applications of pesticides/termiticides. The chlordane concentration in one of these samples (3.2 mg/kg) exceeded the California hazardous waste threshold (2.5 mg/kg), indicating that some of the soil may be considered a hazardous waste if transferred off-site for disposal. The presence of elevated concentrations of arsenic and chlordane in the surface soil samples is considered a REC.

MM-HAZ-1: Prior to issuance of any grading or
demolition permits, the project applicant must
obtain regulatory oversight from the Department of
Toxic Substances Control, or the Santa Clara County
Department of Environmental Health under their
Site Cleanup Program. A Site Management Plan
(SMP), Removal Action Plan (RAP), or equivalent
document shall be prepared by a qualified
environmental consultant under regulatory
oversight and approval that identifies remedial
measures and/or soil management practices to
ensure construction worker safety and the health of
future site occupants. The plan and evidence of
regulatory oversight shall be provided to the
Director of Planning, Building, and Code
Enforcement or Director’s designee and the
Environmental Compliance Officer in the City of San
José Environmental Services Department.

Complete a SMP, RAP,
or equivalent document
and provide to the
Director of Planning,
Building, and Code
Enforcement or
Director’s designee and
the Environmental
Compliance Officer in
the City of San José
Environmental Services
Department
Prior to issuance of
any grading or
demolition permits
Department of
Toxic Substances
Control, or the
Santa Clara
County
Department of
Environmental
Health; Director
of Planning,
Building, and
Code
Enforcement or
Director’s
designee and the
Environmental
Compliance
Officer in the City
of San José
Environmental
Services
Department.

Review SMP, RAP,
or equivalent
document.

Prior to
issuance of any
grading or
demolition
permits.

EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 14 File No.: H21-022

MM NOI-1 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 noise
disturbance coordinator who would respond to
neighborhood complaints will be required to 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.

As part of the noise logistics plan, the project
applicant shall include, but is not limited to, the
following best management practices:
• Construction activities shall be limited to
daytime
hours between 7:00 a.m. and 7:00
p.m. on weekdays.
• Construction operations shall be required to
use best available noise suppression devices
and techniques and limit construction hours
near residential uses per the City’s Municipal
Code. Because project construction would
occur within 500 feet of residential uses and
Prepare and implement
a construction noise
logistics plan.

Prior to the
issuance of any
demolition, grading
or building permits.

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

Review and
approve
construction
noise logistics
plan.

Prior to the
issuance of any
demolition,
grading or
building
permits.

EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 15 File No.: H21-022

MONITORING AND REPORTING PROGRAM
Mitigations
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
would last longer than 12-months, the
following noise reduction measures shall be
included:
o Equipment staging and laydown areas shall
be located at the furthest practical distance
from nearby residential land uses. To the
extent possible, staging and laydown areas
should be located at least 500 feet of
existing residential dwellings.
o All equipment shall be fitted with factory
equipped mufflers and be in good working
condition. Construction contracts shall
specify that all construction equipment,
fixed or mobile, shall be equipped with
properly operating and maintained
mufflers and other State required noise
attenuation devices.
o Haul trucks shall not be allowed to idle for
periods greater than five minutes, except
as needed to perform a specified function
(e.g., concrete mixing).
o On-site vehicle speeds shall be limited to
15 miles per hour, or less (except in cases
of emergency).
o Backup beepers for all construction
equipment and vehicles shall be broadband
sound alarms or adjusted to the lowest
noise levels possible, provided that the
Occupational Safety and Health
Administration and California Division of
EXHIBIT "A" (File No. H20-035)
DRAFT - Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Moorpark Avenue Multi-Family Residential Project
File No. H20-035
Page | 16 File No.: H21-022

The construction noise logistics plan shall be
submitted to the Director of Planning, Building and
Code Enforcement or Director’s designee for review
prior to issuance of any demolition, grading, or
building permits.

Source: Moorpark Avenue Multi-Family Residential Project Initial Study, April 2023 EXHIBIT "A" (File No. H20-035)
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