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

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Council Agenda: 8/8/23
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RESOLUTION NO. _______

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE A DOPTING THE 972 ELM STREET VILLAS

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 Jos é prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the 972 Elm Street Villas Project under Planning File Nos. PDC20-017, PD20-020, an d PT20-031 (the “Initial Study/Mitigated Negative Declaration”), all in accordance with the requirement s of the California En vironmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”); and

WHEREAS, the 972 Elm Street Villas Project (the “Project”) analyzed under the Initial Study/Mitigated Negative Declarati on consists of a Planned Development Rezoning, Planned Development Permit, and Tentative Map to allow the demolition of one existing single family residence and associated park ing areas, removal of 11 trees, and construction of 8 detached, three-story single-family homes. The Project is loc ated on an approximately 0.44-acre site , approximately 112 feet southeast of Interstate 880, approximately 0.53 miles southeast of Norman Y. Mineta San José International A irport, and approximately 3 60 feet southwest of t he Caltrain service line (Assessor’s Parcel Number 230-41-025); and

WHEREAS, the Initial Study/Mitigated Negative D eclaration concluded that implementation of the Project could result in certain significant effect s on the NVF:DHZ:DJF
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Council Agenda: 8/8/23
Item No.: 10.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
environment and identified mitigation measures t hat would reduce each of th ose significant effects to a less-than-significant level; and

WHEREAS, in connection with the approval of a project involving the preparation of an initial study /mitigated negative declaration that identifies one or more signifi cant 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 requi ring the implementation of measures to mitigate or avoid significant effec ts 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 implem entation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision- maker of t he City of San José as lead agency for the Project (the “Mitigation Monitoring and Reporting Program”); and

WHEREAS, the City Council has reviewed and considered the Init ial 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, ar e 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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Council Agenda: 8/8/23
Item No.: 10.2(a)
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 COUNCIL OF THE CI TY 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 following findings: (1) it has independently reviewed and analy zed 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 w ith 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 Jos é, 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 Jos é, 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 e ntire 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 Decl aration and related Mitigation Monitoring and Report ing Program prepared for the Proj ect ( Planning File No s. PDC20-017, PD20-020, an d PT20-031). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Stud y/Mitigated Negative Declaration and Mitigation Monitor ing 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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Council Agenda: 8/8/23
Item No.: 10.2(a)
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

Page | 1 File No.: PDC20-017, PD20-010 & PT20-031

MITIGATION MONITORING AND REPORTING PROGRAM
972 Elm Street Villas Project
File No. PDC20-017, PD20-010 & PT20-031
August 2021
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.: PDC20-017, PD20-010 & PT20-031

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 Initi
al Study/Mitigated Negative Declaration prepared for the Elm Street Villas 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 Initial Study/Mitigated Negative Declaration concluded that the impacts from implementation of the project would be less than significant.

I, , the property owner, hereby agree to fully implement the m itigation measures described below which have been developed in conjunction with the preparation of an Initial Study/Mitigated Negative Declaration 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 App
licant’s Signature _____________________________________________ Date___________________________________________________________ Sep 1 2021
```
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 File No.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

AIR QUALITY
Impact: The proposed project would expose sensitive receptors to construction dust and equipment exhaust emissions of DPM and PM2.5 t hat exceed BAAQMD thresholds for cancer (threshold is 10.0 per million) and non-cancer health risks (threshold is 0.30 ug/m3).

MM AQ-1: Prior to the issuance of any demolition, grading or building permits, the project applicant shall submit project plans containing the requirements listed below to the City of San Jose Director of Planning, Building and Code Enforcement or Director’s designee. During
construction, the project contractor shall implement the following measures to reduce emissions of fugitive dust and engine exhaust DPM. These measures shall be included in the project plans, prior to issuance of a demolition permit, grading, or building permit:
• All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered three (3) times per day and
at a frequency adequate to maintain minimum soil
moisture of 12 percent. Moisture content can be
verified by lab samples or moisture probe
• All vehicle speeds on unpaved roads shall be
limited to five (5) mph
Include measures on
demolition and grading
permit plan sets.

Imple
ment emission
reduction measures and
Prior to issuance of
any demolition,
grading or building
permits.

Measur
es conducted
during construction,
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review measures
reducing emissions
of fugitive dust and
exhaust particulate
matter
Prior to issuance
of any
demolition,
grading or
building permits.

MM AQ-2: Prior to the issuance of any demolition permit or grading permit, whichever is received first, the project developer shall prepare, and the project applicant shall implement a demolition and construction emissions
avoidance and reduction plan demonstrating an 87 percent Prepare and implement,
a demolition and
construction emissions
avoidance and reduction
Prior to issuance of
any demolition
permit
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review and
approve the
construction
emissions
Prior to issuance
of any
demolition or
grading permit
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 | 4 File No.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

T
he plan shall be prepared prior to the issuance of any
demolition permit and shall be reviewed and approved by the City of San Jose Director of Planning or Director’s designee. The plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying the equipment included in the plan meets the standards set forth in this mitigation measure. The plan shall include the following measures:
• All mobile diesel-powered off-road equipment
operating on-site for more than two days and
la
rger than 50 horsepower shall, at a minimum,
meet U.S. Environmental Protection Agency
(EPA) particulate matter emissions standards for
Tier 4 engines. Prior to the issuance of any
de
molition permits, the project applicant shall
s
ubmit specifications of the equipment to be used
during construction and confirmation this
requirement is met;
• U
se alternatively fueled equipment or equipment
with zero emissions (i.e., aerial lifts, forklifts, and air compressors, etc., shall be either electrified or
fueled by liquefied natural gas/propane);
• Provide line power to the site during the early
phases of construction to minimize the use of
plan demonstrating an
87 percent reduction in
DPM emissions that
corresponds with an
infant/child cancer risk
at the MEI of less than
10 cases per million,
and a reduction of
PM2.5 emissions of at
least 85.7 percent
avoidance and
reduction plan
implemented
during
construction
activities
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 | 5 File No.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

Impact: Any increase in PM2.5 emissions would result in an increase in the cumulative health risk .

MM AQ-3: The demolition and construction emissions
avoidance and reduction plan shall include the following measures to reduce emissions of fugitive and exhaust
particulate matter:
a. All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered three (3) times per day or
at a frequency adequate to maintain minimum soil
moisture of 12 percent. Moisture content can b
e
v
erified by lab samples or moisture probe;
b. All vehicle speeds on unpaved roads shall be
li
mited to 5 mph;
c. All excavation, grading, and/or demolition
activities shall be suspended when average wind
speeds exceed 20 mph and visible dust extends
beyond site boundaries;
d. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas
of construction adjacent to sensitive receptors.

Wind breaks should have at maximum 50 percent
air porosity;
Submit report with
measures to Director
prior to issuance of
demolition, grading or
building permits.

I
mplement measures
during construction to
reduce emissions of
fugitive and exhaust
particulate matter
During
Construction
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review and
approve measures
to reduce emissions
of fugitive and
exhaust particular
matter
Director of
Planning shall
review and
approve the
emissions
reduction
measures prior
to issuance of
demolition,
grading, or
building 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.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

T
he applicant shall include these measures on all
construction documents and the project contractor shall implement all measures during construction.

BIOLOGICAL RESOURCES
Impact: Tree removal or construction activities could result in the loss or abandonment of nesting birds MM BIO-1: Initial site disturbance activities, including vegetation removal, shall not occur during the general avian nesting season (February 1 through August 31, inclusive). If construction activities cannot be scheduled to avoid nesting season, the project applicant shall retain a qualified
Schedule construction
activities to avoid
nesting season
(February 1 through
August 31, inclusive).

Prior to any
grading, demolition,
or building permits
and during
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review nesting
Birds Survey
Report and other
accompanying
documentation
Prior to issuance
of any grading,
demolition or
building 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 | 7 File No.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

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
biologist to conduct a preconstruction nesting bird survey to determine the presence/absence, location, and status of nests on or adjacent to the project site. The extent of the survey buffer area surrounding the site shall be established by the qualified biologist to avoid direct and indirect impacts to nesting birds. To avoid the destruction of active nests and protect the reproductive success of birds protected by the Migratory Bird Treaty Act and California Fish and Game Code, nesting bird surveys shall be performed not
more than 14 days prior to vegetation clearance and
structure demolition during the early part of the breeding season (February 1st through April 31st 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 shall inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests.

F
ollowing commencement of construction activities, no
additional nesting bird surveys would be required. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, 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, to ensure that raptor or migratory bird nests shall not be disturbed during project construction.

If construction activities
cannot be scheduled to
avoid nesting season, a
qualified biologist shall
conduct a
preconstruction nesting
bird survey to determine
the presence/absence,
location, and status of
nests.

Su
bmit a report
indicating the results of
the survey and any
designated buffer zones
construction
activities
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 File No.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

NOISE
Impact: Construction of the proposed project would occur within 500 feet of residential land uses and construction would occur for a total of 12 months. Pursuant to General Plan Policy EC-1.7, this is considered a significant construction noise impact.

MM N-1: Should project construction last for a period
longer than 12 months, the following mitigation is required:

P
rior to the issuance of any grading or demolition permits, the project applicant shall submit and implement a
construction noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting and notification of construction schedules,
equipment to be used, and designation of a noise
disturbance coordinator. The noise disturbance coordinator shall respond to neighborhood complaints and shall be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. The noise logistic plan shall be submitted to the Director of Planning, Building and Code Enforcement or Director’s designee prior to the issuance of any grading or demolition permits.

Prepare and implement
a Noise Logistics Plan.

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

Prior to issuance of
any grading,
demolition or
building permits
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review and
approve
construction noise
logistics plan
Prior to issuance
of any grading,
demolition or
building 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 | 9 File No.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

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
As a part of the noise logistic plan and project, construction activities for the proposed project shall include, but is not limited to, the following best management practices:
• In accordance with Policy EC-1.7 of the City’s
General Plan, utilize the best available noise
s
uppression devices and techniques during
c
onstruction activities.
• Limit construction hours to between 7:00 a.m. and
7:
00 p.m., Monday through Friday, unless
permission is granted with a development permit
or
other planning approval. No construction
a
ctivities are permitted on the weekends at sites
within 500 feet of a residence.
• Construct solid plywood fences around ground
le
vel construction sites adjacent to operational
b
usinesses, residences, or other noise-sensitive
land uses.
• Equip all internal combustion engine-driven
e
quipment with intake and exhaust mufflers that
a
re in good condition and appropriate for the
equipment.
• Prohibit unnecessary idling of internal combustion
engines.
• Locate stationary noise-generating equipment such
as air compressors or portable power generators as
far as possible from sensitive receptors. Construct
temporary noise barriers to screen stationary noise-
generating equipment when located near adjoining
sensitive land uses.

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.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

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
• Utilize “quiet” air compressors and other
stationary noise sources where technology exists.
• Control noise from construction workers’ radios to
a
point where they are not audible at existing
residences bordering the project site.
• Notify all adjacent business, residences, and other
noise-sensitive land uses of the construction
s
chedule, in writing, and provide a written
schedule of “noisy” construction activities to
complaints about construction noise. Th
e
d
isturbance coordinator shall determine the cause
o
f the noise complaint (e.g., bad muffler, etc.) and
shall require that reasonable measures be
i
mplemented to correct the problem.
• Conspicuously post a telephone number for the
disturbance coordinator at the construction site and
include it in the notice sent to neighbors regardin
g
t
he construction schedule.
• Limit construction to the hours of 7:00 a.m. to
7:
00 p.m. Monday through Friday for any on-site
or off-site work within 500 feet of any residential
uni
t. Construction outside of these hours may be
approved through a development permit based on
a site-specific “construction noise mitigation plan”
and a finding by the Director of Planning, Buildin
g
a
nd Code Enforcement that the construction noise
mitigation plan is adequate to prevent noise
disturbance of affected residential uses.

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 File No.: PDC20-017, PD20-010 & PT20-031
972 Elm Street Villas Project
File Nos: PDC20-017, PD20-010,
PT20-031

0.20 PPV City vibration standard.

MM N-2: Vibratory rollers create vibration levels that meet the City vibration standard of 0.20 PPV as long as a
distance of 30 feet is maintained between the activity and existing residential structures. Therefore, vibratory rollers shall not be used during construction activities within 30 feet of any existing on-site or off-site residential structures.

The developer shall provide written confirmation of
whether or not vibratory rollers will be used, and if used then the distance from the location of use to the existing residential structures, shall be provided to the Director of Planning, Building, and Code Enforcement or Director’s
designee prior to issuance of a grading or building permit.

Written confirmation of
whether or not vibratory
rollers will be used shall
be provided to the
Director of Planning,
Building, and Code
Enforcement or
Director’s designee
Prior to grading
activities
Director of Planning,
Building or Code
Enforcement or the
Director’s designee
Ensure through
written
confirmation from
the developer that
if vibratory rollers
are to be used
during construction
that it is not used
within 30 feet of an
existing structure.

Director of
Planning shall
confirm location
of use of
vibratory rollers
or that it would
not be used,
prior to issuance
of a grading
permit
Source: 972 Elm Street Villas Project Initial Study/Mitigated Negative Declaration, August 2021 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