Resolution — San Jose City Council, August 15, 2023

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Council Agenda: 08-15-2023
Item No.: 3.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RESOLUTION NO. _______

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE ADOPTING THE FIRE STATION NO. 8

RELOCATION PROJECT MITIGATED NEGATIVE

DECLARATION, FOR WHICH AN INITIAL STUDY WAS

PREPARED, AND ADOPTING A RELATED MITIGATION

MONITORING AND REPORTING PROGRAM ALL IN

ACCORDANCE WITH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Fire Station No. 8 Relocation Project under Planning File No. ER22-063 (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 Fire Station No. 8 Relocation Project (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration consists of a Public Project Permit to construct a new a single- company, two-story fire station with a single apparat us bay for San José Fire Department (SJFD) Fire Station No. 8 at 601 East Santa Clara Street (APN 467-15-010) and relocate the uses from its current location at 802 East Santa Clara Street to the new building; 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

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Council Agenda: 08-15-2023
Item No.: 3.3(a)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision- making body of the l ead 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 r eporting 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 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 on the Department of Planning, Building and Code Enforcement webpage and are, by this reference, incorporated into this Resolut ion as if fully set forth herein;

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

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Council Agenda: 08-15-2023
Item No.: 3.3(a)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

THAT THE CITY COUNCIL does hereby 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 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 CE QA 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 No. ER22-063). 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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Council Agenda: 08-15-2023
Item No.: 3.3(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

MITIGATION MONITORING AND REPORTING PROGRAM
Fire Station No. 8 Relocation Project
File No. ER22-063
January 2023
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 1 File No.: ER22-063

P R E F A C E
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation. In instances in which the mitigation, monitoring, compliance, or other responsibility is assigned to the Director of the Planning, Building, and Code Enforcement or the Director’s designee, the designee is understood to be other staff member(s) of the Planning, Building and Code Enforcement Department.

The Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Fire Station No. 8 Relocation Project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented. This document does not discuss those subjects for which the IS/MND concluded that the impacts from implementation of the project would be less than significant.

The City of San José hereby agrees to fully implement the mitigation measures described below which have been developed in conjunction with the preparation of an IS/MND for the proposed project. The City understands that these mitigation measures or substantially similar measures will be adopted as conditions of approval to avoid or significantly reduce potential environmental impacts to a less than significant level, where feasible.

EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 2 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

AIR QUALITY
Impact AIR-1: Cancer risk from construction activities and operations would be 39.6 per million, which exceeds the single -source significance threshold of 10 per million, at the residence with maximum impact, assuming infant exposure.

Mitigation Measure AIR-1: Tier 4 Engines.

Prior to the start of construction activities, the
project proponent shall prepare a construction
operations plan that demonstrates that the off-
road equipment used on-site to construct the
Project would at minimum achieve a fleet-wide
average 95-percent reduction in mass of exhaust
emissions of diesel particulate matter (DPM).

Specifically, this plan shall include, but is not
limited to, the measures identified below:
• All diesel-powered off-road equipment
larger than 25 horsepower operating on
the site for more than two days
continuously shall, at a minimum, meet
U.S. EPA particulate matter emissions
standards for Tier 4 engines with CARB-
certified Level 3 Diesel Particulate Filters,
or equivalent. Exceptions could be made
for equipment that includes CARB-
Prepare a construction
operations plan that
demonstrates that the
off-road equipment used
on-site to construct the
Project would at
minimum achieve a fleet-
wide average 95-percent
reduction in mass of
exhaust emissions of
DPM.

Prior to the start
of construction
activities
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Review and
approve
construction
operations plan
Prior to the
start of
construction
activities
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 3 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

Off-road equipment descriptions and information
shall be provided, including, but not limited to,
equipment type, equipment manufacturer,
equipment identification number, engine model
year, engine certification (Tier rating),
horsepower, and engine serial number.

Prior to the start of any construction activities,
the Project proponent shall submit the
construction operations plan and records of
compliance to the Director of Planning, Building
and Code Enforcement or the Director’s designee.

Implementation of Mitigation Measure AIR-1
using construction equipment meeting Tier 4
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 4 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

BIOLOGICAL RESOURCES
Impact BIO-1: Demolition, grading, and construction activities and tree removal during the nesting season could impact migratory birds.

Mitigation Measure BIO-1: Nesting Bird
Protection Measures.
• Avoidance: To the extent possible,
construction activities that may
encounter nesting birds (e.g., tree
removal) should be performed outside of
the nesting season. For most birds,
including most raptors in the San
Francisco Bay area, this period 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.

Contract a qualified
biologist to conduct
preconstruction surveys
for nesting birds.

If active nests are
identified, establish no-
disturbance buffer zones
around each nest,
monitor construction
activities near suitable
habitat, when applicable,
and implement the
additional requirements
in Mitigation Measure
BIO-1.

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

Director of Planning,
Building and Code
Enforcement or the
Director’s designee
Confirm receipt
of executed
contract with a
qualified biologist
to perform pre-
construction
surveys prior to
start of
construction
activities. Receive
and review
survey
documentation,
as well as
monitoring
Prior to
start of
construction
activities.

Within 14 days
prior to the
start of
vegetation
removal, tree
trimming and
removal,
ground
disturbance,
and demolition
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 5 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

This survey shall be completed no more
than 14 days prior to the initiation of
construction activities. During this survey,
the biologist shall inspect all trees and
other possible nesting habitats
immediately adjacent to the construction
area for nests.
• Buffer Zone: If an active nest is found
sufficiently close to work areas to be
disturbed by construction, the biologist
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 passerine
birds) to ensure that nests are not be
disturbed during construction. The no-
disturbance buffer shall remain in place
Also during and
after construction
work if active
nests are
identified.
reports and a
final report if
active nests are
identified.
or after any
construction
breaks of 14
days or more.

Also during
and after
construction
work if active
nests are
identified.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 6 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
until the biologist determines the nest is
no longer active or if the nesting season
ends. If construction ceases for 14 days or
more during the early part of the
breeding season (February 1st through
April 30th, inclusive) or for 30 days or
more during the late part of the breeding
season (May 1st through August 31st,
inclusive), then resumes again during the
nesting season, an additional survey shall
be necessary to avoid impacts on active
bird nests that may have been
established during the pause in
construction.
• Reporting: Prior to any site disturbance,
such as tree removal, or the start of any
grading, building or demolition activities
(whichever occurs first), the biologist
shall submit a report indicating the
results of the survey and any designated
buffer zones to the satisfaction of the
Director of the Department of Planning,
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 7 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

Implementation of Mitigation Measure MM BIO-
1 will avoid or reduce the potential
environmental impact stated above to a less
than significant level.by ensuring that nesting
birds on the project site, and immediately
adjacent to the project site, are identified and
buffer zones are established around trees with
nests to protect nests from construction activities
if construction cannot avoid the nesting season.

CULTURAL RESOURCES
Impact CUL-1: Project ground disturbing activities could result in a substantial adverse change in the significance of an archaeological resource.

Mitigation Measure CUL-1: Cultural Resources
Awareness Training.

Prior to start of any grading or building activities,
a Secretary of the Interior (SOIS)-qualified
archaeologist and a Native American
representative registered with the Native
American Heritage Commission for the City of San
A Secretary of the
Interior–qualified
archaeologist and a
culturally affiliated Native
American representative
shall conduct a training
program for all
construction and field
Submit training
documents for
review and
approval prior to
issuance of any
grading or
building
permits. Submit
Director of Planning
Building and Code
Enforcement or the
Director’s designee
Review and
approve training
documents.

Receive
documentation
to confirm
Prior to the
start of any
grading or
building
activities.

Review
documentation
construction
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 8 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
José and that is traditionally and culturally
affiliated with the geographic area, as described
in Public Resources Code Section 21080.3 shall
conduct a training program for all construction
and field personnel involved in ground
disturbance. On-site personnel shall attend a
mandatory pre-project training that shall outline
the general archaeological sensitivity of the area
and the procedures to follow in the event an
archaeological resource and/or human remains
are inadvertently discovered. A training program
shall be established for new project personnel
before they begin project work. The project
proponent shall submit a copy of the training
documents to the Director of Planning Building
and Code Enforcement or the Director’s designee
for review and approval prior to the issuance of
any grading or building permits. Documentation
confirming the training sessions conducted shall
be submitted to the Director of Planning, Building
and Code Enforcement or Director’s designee
prior start of construction activities.
personnel confirmation
training
conducted prior
to start of
construction
activities.
training
conducted
training
completed
prior to start of
construction
activities.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 9 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Development of the proposed project could potentially expose construction works and the public to soil, soil vapor and/ or gr oundwater contamination from an off-site source during the demolition and construction phases of the project, and future site occupants to soil vapor contamination after construction.

Mitigation Measure HAZ-1: Site Management
Plan and Vapor Intrusion Measures.

Prior to start of any demolition or grading
activities, the City of San Jose shall enter into an
agreement with the Santa Clara County
Department of Environmental under their Site
Cleanup Program (SCCDEH). The project
proponent shall meet with the SCCDEH and
perform additional soil, soil gas and/or
groundwater sampling and testing to adequately
Enter into an agreement
with the Santa Clara
County Department of
Environmental under their
Site Cleanup Program and
perform additional soil,
soil gas and/or
groundwater sampling
and testing to adequately
define the known and
Submit the Plan,
vapor intrusion
mitigation
measures, and
evidence of
regulatory
oversight for
review and
approval prior to
issuance of any
Director of the City
of San José
Planning, Building,
and Code
Enforcement
Department, or the
Director’s designee,
and the
Environmental
Compliance Officer
in the City of San
Review the Plan,
vapor intrusion
mitigation
measures, and
evidence of
regulatory
oversight and
confirm its
attachment to
relevant grading
and/or
Prior to the
start of any
grading or
demolition
activities.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 10 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
define the known and suspected contamination
from past agricultural use and any other past
uses of concern. A Site Management Plan (SMP),
Corrective Action Plan, Remedial Action Plan, or
other equivalent plan shall be prepared and
submitted to the SCCDEH for their approval. The
Plan must include a Health & Safety Plan (HASP)
and must establish remedial measures and/or soil
management practices to ensure construction
worker safety and the health of future workers
and visitors. The SMP shall include a plan for
management of soil during construction, dust
control measures, and waste management. The
SMP would also provide measures if areas of
unexpected contamination or subsurface
structures are encountered. Corrective actions in
the SMP that could be considered include limited
soil removal around the former LUST area, in-situ
enhanced bioremediation or chemical oxidation,
monitored natural attenuation, or a combination
of one or more of these. Additionally, based on
the results of soil vapor samples, the planned
structure shall incorporate vapor intrusion
suspected contamination
from past uses of concern.

Retain a qualified
professional to prepare
and submit a SMP or
equivalent document, and
vapor intrusion mitigation
measures. The document
and evidence of
regulatory oversight shall
be submitted to ESD and
the Director of Planning,
Building and Code
Enforcement or the
Director’s designee
grading permits
or permits for any
ground-disturbing
and/or
construction
activities.

José’s
Environmental
Services Department
demolition
activities.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 11 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

The Plan and evidence of regulatory oversight
shall be provided to the Director of the City of
San José Planning, Building, and Code
Enforcement Department, or the Director’s
designee, and the Environmental Compliance
Officer in the City of San José’s Environmental
Services Department.

Implementation of Mitigation Measure HAZ-1
and the City’s Standard Project Conditions,
potential impacts from upset or accidental
hazardous material releases during or after
project construction or due to being located on a
Hazardous Waste and Substances Site List
(“Cortese List”) site would be reduced to a less
than significant level.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 12 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

Mitigation Measure NOI-1: Construction
Phasing.

Prior to the start of any grading or demolition
activities, the project proponent 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.
• Construct solid plywood fences around
ground level construction sites adjacent
to operational businesses, residences, or
other noise-sensitive land uses.

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.

Submit
construction noise
logistics plan for
review prior to
the start of any
grading or
demolition
activities.

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
Director of Planning,
Building and Code
Enforcement, or the
Director’s designee
Review and
approve
construction
noise logistics
plan.

Receive
documentation
to confirm noise
disturbance
coordinator is in
place.

Prior to the
start of any
grading or
demolition
activities.

Review noise
disturbance
coordinator
documentation
prior to start of
construction
activities.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 13 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

Construct temporary noise barriers to
screen stationary noise-generating
equipment when located near adjoining
noise-sensitive land uses.
• 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.
reduce noise
impacts on
neighboring
residents and
other uses.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 14 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
[What]
Timing of
Compliance
[When]
Monitoring
Reporting
Responsibility
[Who will review]
Actions/Reports
[What will be
reviewed]
Monitoring
Timing or
Schedule
[How often]
• Notify all adjacent businesses, residences,
and other noise-sensitive land uses of the
construction schedule in writing and
provide a written schedule of “noisy”
construction activities to the adjacent
land uses and nearby residences.
• If complaints are received or excessive
noise levels cannot be reduced using the
measures above, erect a temporary noise
control blanket barrier along surrounding
building facades that face the
construction sites.
• Designate a “disturbance coordinator”
who shall be responsible for responding
to any complaints about construction
noise. The disturbance coordinator shall
determine the cause of the noise
complaint (e.g., bad muffler, etc.) and
shall require that reasonable measures be
implemented to correct the problem.

Conspicuously post a telephone number
for the disturbance coordinator at the
construction site and include it in the
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 15 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

Because it is anticipated that certain
construction activities (such as
continuous pours of concrete
foundations) may require work outside
normally permitted construction hours
(e.g., overnight), the project’s Public
Permit would allow for such construction
activities, subject to conditions of
approval, including performance
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 16 File No.: ER22-063
Fire Station No. 8 Relocation Project
File No. ER22-063

Implementation of Mitigation Measure NOI‐1
will reduce potential construction noise impacts
near sensitive receptors to below the City noise
ordinance standard (Title 20, Part 3, Section

20.100.450 of the City’s Municipal Code).

Source: Initial Study for the Fire Station No. 8 Relocation Project, January 2023.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A" (File No. ER22-063)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

San Jose City CouncilAugust 15, 2023

San Jose City Council
August 15, 2023