Cities Index.
(1) Resolution

San Jose City Council
October 17, 2023

Document
(1) Resolution
Meeting
October 17, 2023
Body
San Jose City Council
Original file
1.2 MB
Text extracted from the city's file for reading and search. Open the original on legistar.granicus.com. That file is the official record.

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Council Agenda: 10/17/23
Item No.: 10.1(b)(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 BELLARMINE COLLEGE

PREPARATORY MASTER PLAN UPDATE 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 J osé prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Bellarmine College Preparatory Master Plan Update Project under Planning File Nos. PDC220-099, PD22-030 and ER22- 166 (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 Bellarmine College Preparatory Master Plan Update Project (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration consists of a Planned Development Rezoning maintaining the PQP(PD) zoning and a Planned Development Permit to incr ease the maximum building square footage from 347,561 square feet to 485,000 square feet for an existing school campus on an approximately

17.64-gross-acre site. The project includes demolition of two existing structures, renovation of two buildings, and r elocation of a historic structure (Assessor’s Parcel Numbers 261 -11-005, 261 -12-001, 261 -12-002, 261 -12-074, 261 -12-087, 230 -41-043, 230-41-029, 230 -41-030, 230 -41-031, 230 -41-032, 261 -10-095, 261 -10-096, 261 -10- 104, 261-10-105, and 261-10-106); and

WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project could result in certain significant effects on the environment NVF:AXY:DJF
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Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.
and identified mitigation measures that would reduce each of those 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 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 Council has review ed 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(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

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

THAT THE CITY COUNCIL does hereby incorporate the foregoing recitals by reference into the body of this Resolution.

THAT THE 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 app roving 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 Stre et, 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 informati on 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. PDC220-099, PD22-030 & ER22- 166). 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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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
Bellarmine College Preparatory Master Plan Update Project File No. PDC22-099
June 2023
T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 1 File No.: PDC22-099

PREFACE
Section 21081.6 of the California 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/Mitigated Negative Declaration (“IS/MND”) prepared for the Bellarmine College Preparatory Master Plan Update project concluded that 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 measures 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 discuss those subjects for which the IS/MND concluded that the impacts from implementation of the project would be less than significant.

I, , the applicant, on the behalf of , hereby agree to 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 Applicant’s Signature ______________________________________ Date___________________________________________________________ June 28, 2023
Ronald Miller, CFO
Bellarmine College Preparatory
T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 2 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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

AIR QUALITY
Impact AQ-1: Construction activities associated with the proposed project would expose sensitive receptors at the maximally exposed indivi dual (“MEI”) to toxic air contaminants (“TAC”) emissions (cancer risk would be 20.80 per million and annual PM 2.5 emissions of 0.36 micrograms) in excess of the BAAQMD thresholds for cancer risk and annual PM2.5 emissions of 10 per million and 0.3 micrograms, respectively.

MM AQ-1.1: Prior to issuance of any demolition,
grading, and/or building permits (whichever occurs
earliest), the project applicant shall submit a
construction operations plan to the Director of Planning, Building, and Code Enforcement or the Director’s
designee that includes specifications of the equipment to be used during construction. 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.
• 1. All construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total shall meet U.S. EPA
Tier 4 emission standards for PM (PM10 and PM2.5),
if feasible, otherwise,
• If use of Tier 4 equipment is not available,
alternatively use equipment that meets U.S. EPA
emission standards for Tier 3 engines and include
particulate matter emissions control equivalent to
CARB Level 3 verifiable diesel emission control
devices that altogether achieve a 60 percent
reduction in particulate matter exhaust in
Submit a construction
operations plan to the
Director of Planning,
Building, and Code
Enforcement or the
Director’s designee.

Prior to City’s
issuance of any
demolition, grading,
and/or building
permits (whichever
occurs earliest).

Director of Planning,
Building, and Code
Enforcement or the
Director’s designee
Review and verify
construction
operations plan
meets the
requirements of
MM AQ-1.1.

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

T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 3 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
comparison to uncontrolled equipment; alternatively
(or in combination).
• Use of electrical welders during construction of
the new academic building and new
administration building.
• Use of other electrical or non-diesel fueled
equipment.
• Alternatively, the applicant may develop another
construction operations plan demonstrating that the
construction equipment used on-site would achieve a
reduction in construction diesel particulate matter
emissions by 60 percent or greater. Elements of the
plan could include a combination of some of the
following measures:
• Implementation of No. 1 above to use Tier 4 or
alternatively fueled equipment,
• Installation of electric power lines during early
construction phases to avoid use of diesel generators
and compressors,
• Use of electrically-powered equipment,
• Forklifts and aerial lifts used for exterior and
interior building construction shall be electric or
propane/natural gas powered,
• Change in construction build-out plans to lengthen
phases, and
• Implementation of different building techniques that
result in less diesel equipment usage.

T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 4 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
With implementation of Mitigation Measure MM AQ-

1.1 and the Standard Permit Conditions, the cancer risk would be reduced to 6.95 per million and the annual
PM2.5 would be reduced to 0.15 µg/m3, which is below
the single-source thresholds of 10.0 per million and 0.03 µg/m3. Therefore, the project would have a less than
significant impact.

BIOLOGICAL RESOURCES
Impact BIO-1: Project construction could directly or indirectly impact nesting birds protected under the Migratory Bird Treaty Act and the California Fish and Game Code.

MM BIO-1.1: The project applicant shall schedule
demolition and construction activities to avoid the
nesting season. The nesting season for most birds,
including most raptors in the San Francisco Bay area,
extends from February 1st through August 31st
(inclusive).

Schedule construction
activities during non-
nesting season.

Prior to City’s
issuance of any tree
removal, grading,
demolition, and/or
building permit or
activities.

Director of Planning,
Building and Code
Enforcement or
Director’s designee
Confirm that
demolition and
construction
activities are
scheduled outside
of the nesting
season.

Review and
approve the report
of the results of the
survey and any
designated buffer
zones.

Prior to
issuance of any
tree removal,
grading,
demolition,
and/or building
permit or
activities.

T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 5 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
MM BIO-1.2: 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 shall be disturbed during project
implementation. This survey shall be completed no
more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February 1st through April 30th inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st
through August 31st inclusive). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats immediately adjacent to the
construction areas for nests.

Conduct a pre-construction
nesting bird survey by a
qualified ornithologist and
designate a construction-
free buffer zone around
any discovered nest.

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).

Director of Planning,
Building and Code
Enforcement or
Director’s designee
Review and
approve the
construction free
buffer zone
identification
demarcation.

Prior to
issuance of any
tree removal,
grading,
demolition,
and/or building
permit or
activities.

T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 6 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
MM BIO-1.3: If an active nest is found 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 migratory bird nests shall not be disturbed during project
construction.

MM BIO-1.4: Prior to any tree removal, or City’s
issuance of any grading or demolition permits
(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 or Director’s designee of the
Department of Planning, Building and Code
Enforcement.

With implementation of mitigation measures MM BIO-

1.1 through MM BIO-1.4, the project’s impacts to
nesting birds would be less than significant.

Identify a construction free
buffer zone.

Submit a report indicating
the results of the survey
and any designated buffer
zones.

Prior to City’s
issuance of any tree
removal, grading,
demolition, and/or
building permit or
activities.

Prior to any tree
removal or City’s
issuance of any
grading or
demolition permits
(whichever occurs
first).

Director of Planning,
Building and Code
Enforcement or
Director’s designee
Director of Planning,
Building and Code
Enforcement or
Director’s designee
Review and
approve the
ornithologist’s
report.

Prior to
issuance of any
tree removal,
grading,
demolition,
and/or building
permit or
activities.

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

T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 7 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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

CULTURAL RESOURCES
Impact CUL-1: Relocation of the architecturally significant Berchmans Hall to a site directly west across Elm Street could result in the loss of its historic integrity.

MM CUL-1.1: Prior to the issuance of any demolition,
grading or building permits for the project, whichever
occurs first, the Permittee shall retain a qualified
professional meeting the Secretary of the Interior’s
Professional Qualification Standards to prepare a
Relocation Plan that fully outlines and documents the
relocation plans for the architecturally significant
Berchmans Hall, the proposed schedule of such work,
and identifies the location of construction staging and storage on-site in relation to Berchmans Hall. The plan shall demonstrate compliance with the Secretary of the
Interior’s Standards for the Treatment of Historic
Properties, which includes the preservation of the
character-defining features of Berchmans Hall. The
Relocation Plan shall be reviewed and approved by the
City’s Historic Preservation Officer or designee prior to issuance of any grading, demolition or building permits, whichever comes first, for the project.

MM CUL-1.2: Prior to relocation of the architecturally
significant Berchmans Hall, the Permittee shall retain a qualified historic building mover and a qualified
Historic Architect to document the existing conditions
and features of the building and stabilize the structure prior to relocation. Documentation of the existing
Retain a qualified
professional meeting the
Secretary of the Interior’s
Professional Qualification
Standards to prepare a
Relocation and
Rehabilitation Plan that
outlines and documents the
relocation and
rehabilitation plan for
Berchmans Hall.

Retain a qualified historic
building mover and a
qualified Historic Architect
to document the existing
conditions and features of
the building and stabilize
Prior to City’s
issuance of any
demolition, grading,
or building permits,
whichever occurs
first.

Prior to City’s
issuance of any
grading, demolition
or building permits,
whichever comes
first, for the project.

City of San José
Historic Preservation
Officer
City of San José
Historic Preservation
Officer
Review and verify
that the Relocation
and Rehabilitation
Plan meets (or does
not meet) the
Secretary of the
Interior’s
Standards.

Review and
approve
qualifications of
and letter with
historic building
Prior to
issuance of any
demolition,
grading, or
building
permits,
whichever
occurs first.

Prior to
issuance of any
grading,
demolition or
building
permits,
T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 8 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
building conditions shall be reviewed and approved by
the City’s Historic Preservation Officer or designee
prior to issuance of any grading, demolition, or building permits, whichever comes first, for the project.

MM CUL-1.3: Prior to issuance of an occupancy permit
for the new Academic Building, the Permittee shall
retain a qualified professional meeting the Secretary of the Interior’s Professional Qualification Standards to
prepare a Rehabilitation Plan. The plan shall
demonstrate compliance with the Secretary of the
Interior’s Standards for the Treatment of Historic
Properties, which includes the preservation of the
character-defining features of Berchmans Hall. The
Rehabilitation Plan shall be reviewed and approved by
the City’s Historic Preservation Officer or designee.

Upon completion of the buildings’ rehabilitation in
accordance with the approved Rehabilitation Plan, a
qualified Historic Architect shall prepare a Completion Report (including photographs) to document
conformance with the Secretary of the Interior’s
Standards for the Treatment of Historic Properties and
the in preservation of the character-defining features of Berchmans Hall, the historic resource. The Completion
Report shall be submitted to the City’s Historic
Preservation Officer or designee and the Director of
Planning, Building and Code Enforcement or Director’s
Designee for review and approval once rehabilitation of the structure. Submit a
letter from the mover and
architect verifying that
they are under contract and
demonstrating their
qualifications according to
the Secretary of Interior
Standards to City’s
Historic Preservation
Officer for review.

Retain a qualified a
qualified professional
meeting the Secretary of
the Interior’s Professional
Qualification Standards to
prepare a Rehabilitation
Plan.

Submit the Rehabilitation
Plan to the City.

Rehabilitate the Berchmans
Hall in accordance with the
Prior to City’s
issuance of an
occupancy permit
for the new
Academic Building.

Prior to City’s
issuance of an
occupancy permit
for the new
Academic Building.

Prior to issuance of
occupancy permits
for Matthewson Hall

1. City’s Historic
Preservation
Officer, and

2. the Director of
Planning, Building
and Code
Enforcement or
Director’s designee
mover and Historic
Architect.

Review and verify
Rehabilitation Plan
documents
conformance with
Secretary of the
Interior Standards
for the Treatment
of Historic
Properties.

Review and verify
Completion Report
documents
conformance with
the Secretary of the
Interior Standards
for the Treatment
of Historic
Properties.
whichever
comes first, for
the project.

Prior to
issuance of an
occupancy
permit for the
new Academic
Building.

Prior to
issuance of an
occupancy
permit for
Matthewson
Hall.

T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 9 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
the house is complete and prior to issuance of
occupancy permits for Matthewson Hall.

With the incorporation of MM CUL-1.1 through MM
CUL-1.3, impacts to Berchmans Hall, the on-site
historical resources would be mitigated to a less than a significant level.
approved Relocation and
Rehabilitation Plan.

Prepare a Completion
Report to document
conformance with the
Secretary of the Interior’s
Standards for the
Treatment of Historic
Properties.

Prior to issuance of
occupancy permits
for Matthewson Hall

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Due to the site history, previously unidentified features or conditions and/ or residual soil contamination associated with the former Leaking Underground Storage Tank (LUST) on-site could be encountered during construction and result in exposure risks to construction workers, the nearby community, and the environment.

MM HAZ-1.2: Prior to issuance of a grading permit,
the applicant shall hire a qualified environmental
professional to develop a self-directed Site Management Plan (“SMP”) due to a portion of the site being listed as a closed Leaking Underground Storage Tank cleanup
site with a potential to encounter residual soil
contamination. The SMP is intended to provide
guidelines and protocols in the event of encountering
any previously unidentified features or conditions and/or soil contamination during redevelopment. Components
of the SMP shall include, but shall not be limited to:
• A detailed discussion of the site background;
• Preparation of a Health and Safety Plan (HASP);
Qualified environmental
professional shall develop
a self-directed Site
Management Plan (SMP)
to provide guidelines and
protocols in the event of
encountering any
previously unidentified
features or conditions
and/or soil contamination
during redevelopment and
submit to the City’s 1.

Director of Planning,
Prior to City’s
issuance of a
grading permit

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

2. the Environmental
Compliance Officer
in the City of San
José’s
Environmental
Services
Department
Review and
approve the Site
Management Plan
Prior to the
issuance of a
grading permit
T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 10 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
• Notification procedures if previously undiscovered
significantly impacted soil or free fuel product is
encountered during construction;
• On-site soil reuse guidelines based on the California Regional Water Quality Control Board (RWQCB),
San Francisco Bay Region’s reuse policy;
• Sampling and laboratory analyses of excessive soil
requiring disposal at an appropriate off-site waste
disposal facility;
• Soil stockpiling protocols; and
• Protocols to manage groundwater that may be
encountered during trenching and/or subsurface
excavation activities.

Conformance with MM HAZ-1, and the regulatory
requirements, and standard permit conditions above,
would result in a less than significant impact from
ACMs, LBPs, and PCBs, and potential ground
contamination.

Building, and Code
Enforcement or the
Director’s designee, and 2.

The City’s Environmental
Compliance Officer in the
City of San José
Environmental Services
Department.

NOISE
Impact NOI-1: Project construction activities would take place for a period of more than 12 months, which may cause adverse construction noise impacts on nearby residential and commercial land uses.

MM NOI-1.1: 1. Pursuant to General Plan Policy EC-

1.7, project construction operations shall use best
available noise suppression devices and techniques
including, but not limited to the following:

Submit the construction
noise logistics plan that
specifies hours of
construction, noise, and
vibration minimization
Prior to the issuance
of any grading or
demolition permits.

Director of Planning,
Building and Code
Enforcement or
Director’s designee
Review and
approve the noise
logistics plan
Prior to the
issuance of any
grading or
demolition
permits
T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 11 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
• Limit construction hours to between 7:00 AM and
7:00 PM, Monday through Friday, unless permission
is granted with a development permit or other
planning approval. No construction activities are
permitted on the weekends at sites within 500 feet of a residence. 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 PBCE that the
construction noise mitigation plan is adequate to
prevent noise disturbance of affected residential uses. • Construct solid plywood fences around construction
sites adjacent to operational business, residences, or
other noise-sensitive land uses.
• Equip all internal combustion engine-driven
equipment with intake and exhaust mufflers that are 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 scree stationary noise-generating
equipment when located near adjoining sensitive land
uses.
• Utilize “quiet” are compressors and other stationary
noise sources where technology exists.
measures, posting and
notification of construction
schedules, equipment to be
used, and designation of a
noise disturbance
coordinator to the Director
of Planning, Building and
Code Enforcement or
Director’s designee.

Implement noise logistics
plan.

Implement plan
during all phases of
construction.

T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 12 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
• 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 schedule, in writing, and provide a written schedule of “noisy”
construction activities to 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 would be
responsible for responding to any complaints about
construction noise. The disturbance coordinator will
determine the cause of the noise complaint (e.g., bad
muffler, etc.) and will require that reasonable
measures be implemented to current the problem,
conspicuously post a telephone number for the
disturbance coordinator at the construction site and
include it in the notice sent to neighbors regarding the construction schedule.
• A construction noise logistics plan that specifies hours of construction, noise and vibration minimization
measures, posting or notification of construction
schedules, and designation of a noise disturbance
T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 13 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
coordinator who would respond to neighborhood
complaints shall be in place prior to the start of
construction and implemented during construction to
reduce noise impacts on neighboring residents and
other uses.

Compliance with MM NOI-1.1 would ensure the
project’s construction noise impacts would be less than significant.

Impact NOI-2: Construction vibration levels at adjacent structures on Myrtle Street and University Avenue would range from 0.003 to 0.210 i n/sec PPV, exceeding the General Plan threshold of 0.2 in/sec PPV for buildings of conventional construction approximately 30 feet or less from the project site.

MM NOI-2.1: The following measures shall be
included in a Construction Vibration Operations Plan
and implemented during construction to reduce
vibration levels to 0.2 in/sec PPV or less at 878, 884, 896, and 898 Myrtle Street and 959 and 971 University
Avenue.
• Place operating equipment on the construction site as far as possible from vibration-sensitive receptors.
• Use smaller vibratory rolling equipment, for example
the Caterpillar model CP433E vibratory compactor,
within 30 feet of normal buildings.
• Select demolition methods not involving impact tools. • Avoid dropping heavy equipment within 30 feet of
normal buildings, and use alternative methods for
breaking up existing pavement, such as a pavement
grinder.

Submit the Construction
Vibration Operations plan
that reduces vibration
levels to 0.2 in/sec PPV or
less at 878, 884, 896, and
898 Myrtle Street and 959
and 971 University Avenue
to the Director of Planning,
Building and Code
Enforcement or Director’s
designee.

Implement Construction
Vibration Operations plan.

Prior to the issuance
of any grading or
demolition permits
Implement plan
during all phases of
construction.

Director of Planning,
Building and Code
Enforcement or
Director’s designee
Review and
approve the noise
logistics plan
Prior to the
issuance of any
grading or
demolition
permits
T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

Page | 14 File No.: PDC22-099
Bellarmine College Preparatory Master
Plan Update Project
File Nos. PDC22-099

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
• Hoe rams, large bulldozers, drill rigs, loaded trucks, and other similar equipment shall not be used within
15 feet of adjacent buildings.
• Designate a person responsible for registering and
investigating claims of excessive vibration. The
contact information of such person shall be clearly
posted on the construction site.
• Prior to issuance of any demolition, grading, or
building permits for the project, the applicant shall
submit a Construction Vibration Operations Plan shall
be submitted to the Director of Planning, Building,
and Code Enforcement or Director’s designee prior
to issuance of demotion, grading, or building permits
for review and approval. Additionally, the measures
shall be included on the issued Grading Permit and
Building Permit plan sets.

With implementation of the above mitigation measures,
project construction vibration would be reduced to
below the City’s 0.2 in/sec PPV threshold at 878, 884,
896, and 898 Myrtle Street and 959 and 971 University
Avenue.

Source: City of San José. Initial Study for the Bellarmine College Preparatory Master Plan Update Project. Mayl 2023.

T-39008.002/ 2047844_2
Council Agenda: 10/17/23
Item No.: 10.1(b)(1)
DRAFT – Contact the Office of the City Clerk at (408)535-1260 or [email protected] for final document.

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