NVF:DHZ:DJF
8/4/2023
1 T-52008.002/2042527.2
Council Agenda: 10/17/2023
Item No.: 8.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. 2023-
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE ADOPTING THE EMERGENCY INTERIM HOUSING
PROGRAMS PROJECT MITIGATED NEGATIVE
DECLARATION, FOR WHICH AN INITIAL STUDY WAS
PREPARED, AND ADOPTING A RELATED MITIGATION
MONITORING AND REPORTING PROGRAM
WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Emergency Interim Housing (EIH) Programs Project under Planning File No. ER22-198 (the “Initial Study/Mitigated Negative Declaration”), all in accordance with the requirements of the California Environmental Quality Act (“CEQA”); and
WHEREAS, the Initial Study/Mitigated Negative Declaration analyzed the EIH Programs Project (the “Project”), 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 WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA requires a lead agency to adopt a Mitigation Monitoring and Reporting Program to ensure compliance with the mitigation measures during project implementation; and WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and WHEREAS, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
NVF:DHZ:DJF
8/4/2023
2 T-52008.002/2042527.2
Council Agenda: 10/17/2023
Item No.: 8.2(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the Initial Study/Mitigated Negative Declaration and the 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 the Department of Planning, Building and Code Enforcement webpage (www.sanjoseca.gov) and are, by this reference, incorporated into this Resolution as if fully set forth herein; and
WHEREAS, the Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Department of Fish and Game Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JOSE:
THAT THE CITY COUNCIL does hereby incorporate the foregoing recitals as if set forth in 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 CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.
NVF:DHZ:DJF
8/4/2023
3 T-52008.002/2042527.2
Council Agenda: 10/17/2023
Item No.: 8.2(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 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. ER22-198). 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 on the Department of Planning, Building and Code Enforcement webpage, and (2) Available for inspection by any interested person.
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
Emergency Interim Housing Programs Project
File No. ER22-198
September 2023
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 1 File No.: ER22-198
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Le ad 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 Emergency Interim Housing Programs Project concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.
The mitigation 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.
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 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 less than significant levels.
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 2 File No.: ER
22-198
File Nos. ER22-198
Emergency Interim Housing Programs
Project
MITIGATIONS
MONITORING AND REPORTING PROGRAM
Implementation Actions Compliance Reporting
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
AIR QUALITY
Impact AIR-1: Future projects located within 1,000 feet of existing sensitive receptors could result in a significant health risk impact from toxic air contaminants during construction.
MM AIR-1.1: Emergency Interim Housing (EIH)
projects proposing development within 1,000 feet of
existing sensitive receptors as defined by the Bay Area Air Quality Management District (BAAQMD) shall
have a qualified air quality consultant prepare a site- specific construction and operational health risk
assessment (HRA). If the HRA demonstrates that the
health risk exposures for adjacent sensitive receptors
will be less than the BAAQMD project-level
thresholds, no additional mitigation is necessary.
A qualified air quality consultant
shall prepare a construction and
operational HRA as described in
MM AIR-1.1. The HRA will be
submitted to the City for review.
Prior to any tree
removal, grading,
demolition, and/or
building activity.
Director of
Planning,
Building and
Code
Enforcement or
Director’s
designee.
Review and
approve the HRA.
Prior to any tree
removal,
grading,
demolition,
and/or building
activity.
MM AIR-1.2: If the HRA demonstrates that the health
risk exposures for adjacent receptors will be above
BAAQMD project-level thresholds, projects shall
implement the following measures during all phases of
construction:
Use Tier 4 engines for all off-road equipment
greater than 50 horsepower and operating for more
The City shall implement the
measures described in MM AIR-
1.2 during all phases of
construction. Measures shall be
printed on all construction
documents, contracts, and project
plans.
During all phases
of construction.
Director of
Planning,
Building and
Code
Enforcement or
Director’s
designee.
Ensure that all
appropriate
measures identified
in the HRA to
reduce emissions
below the
thresholds are
printed on all
During all
phases of
construction.
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 3 File No.: ER
22-198
File Nos. ER22-198
Emergency Interim Housing Programs
Project
MITIGATIONS
MONITORING AND REPORTING PROGRAM
Implementation Actions Compliance Reporting
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
than 20 total hours over the entire duration of
construction activities.
Implement fugitive dust best management practices
(as outlined in the Standard Permit Conditions) and,
if necessary, enhanced dust control measures
recommended by BAAQMD. The need for
enhanced measures shall be determined by the
findings in the HRA.
Use portable electrical equipment where commercially
available and practicable to complete construction.
Construction contractors shall utilize electrical grid
power instead of diesel generators when (1) grid power
is available at the construction site; (2) when
construction of temporary power lines is not necessary
to provide power to portions of the site distant from
existing utility lines; and (3) when use of portable
extension lines is practicable given construction safety and operational limitations.
construction
documents,
contracts, and
project plans.
HYDROLOGY AND WATER QUALITY
Impact HYD-1: Construction of EIH projects within Special Flood Hazard Areas or in proximity to waterways could increase the risk of project inundation.
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 4 File No.: ER22-198
File Nos. ER22-198
Emergency Interim Housing Programs
Project
MITIGATIONS
MONITORING AND REPORTING PROGRAM
Implementation Actions Compliance Reporting
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
MM HYD-1.1: EIH projects located within 100-year
and 500-year floodplains (Federal Emergency
Management Agency [FEMA] Zone AE, A, AH, or
AO) shall have the first finished floor of all proposed structures raised above the base flood elevation
consistent with the requirements of the Municipal Code
(Floodplain Ordinance 17.08) and General Plan
policies EC-5.1 and IN-3.7.
The City shall implement
measure MM HYD-1.1 during the
development review process and
during construction. Measures
shall be printed on all
construction documents,
contracts, and project plans.
Prior to any tree
removal, grading,
demolition, and/or
building activity
Director of
Planning,
Building and
Code
Enforcement or
Director’s
Designee.
Review and
approve design
plans.
Prior to any tree
removal,
grading,
demolition,
and/or building
activity.
TRIBAL CULTURAL RESOURCES
Impact TCR-1: Construction of EIH projects within one mile of a creek, or 1,000 feet of a known Tribal Cultural Resource, could result in significant impacts to unknown Tribal Cultural Resources from ground disturbing activities.
MM TCR-1.1: Upon identification of an EIH site, the
City shall notify tribal representatives of Tribes with a traditional or
cultural affiliation in the City of San José
who have requested consultation under AB 52.
Notification shall be made via electronic mail, and such notification shall include a site address, Assessor’s
Parcel Number(s), a location map, and conceptual site
plan (if available). The notification shall also include information on proposed grading and trenching.
Tribal representatives will have 30 days from the date
of the notice to respond and request consultation and/or additional miti
gation measures depending on the
Once future project sites are
identified the City shall notify
tribal representatives as described
in MM TCR-1.1.
If the additional mitigation
measures are required, the City
shall prepare an ARTP, provide at
least one cultural sensitivity
training to construction personnel
prior to the initial ground-
During the
development
review process. For
additional
mitigation
required, during
construction.
Director of
Planning,
Building and
Code
Enforcement or
Director’s
Designee.
Notify tribal
representatives of
development once
future project sites
are identified.
During the
development
review process.
For additional
mitigation
required, during
construction.
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 5 File No.: ER22-198
Source: City of San José. Emergency Interim Housing Programs Initial Study. June 2023.
File Nos. ER22-198
Emergency Interim Housing Programs
Project
MITIGATIONS
MONITORING AND REPORTING PROGRAM
Implementation Actions Compliance Reporting
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
characteristics of the site and the project. Additional mitigation measures may include, but are not limited
to, the following:
Preparation of an Archaeological Research
Treatment Plan (ARTP), which will include
guidelines if resources are discovered during site
construction.
Conducting a cultural sensitivity training for
construction workers in coordination with a Native
American Tribal representative from a Tribe with a
traditional or cultural affiliation in the City of San
José and registered with the Native American
Heritage Commission (NAHC).
Engagement of a Native American Tribal Monitor
from a Tribe with a traditional or cultural affiliation in the City of San José and registered with the
NAHC to be present during ground disturbing
activities.
Engagement of an archaeological monitor to be
present during ground disturbing activities.
breaking activities with a
qualified Native American Tribal
representative, and engage with
tribal representatives and/or
archaeological monitor to be
present during ground disturbing
activities, as described in MM
TCR-1.1.
The ARTP and evidence of the
cultural sensitivity training shall
be submitted to the Director of
Planning, Building and Code
Enforcement or Director’s
Designee.
Measures shall be printed on all
construction documents,
contracts, and project plans.
EXHIBIT "A"
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.