San Jose City Council
December 3, 2024

TO: HONORABLE MAYOR

AND CITY COUNCIL
FROM: Matt Loesch
Erik L. Soliván
Jim Shannon

SUBJECT: See Below DATE: November 15, 2024

Approved

Date:
11/21/24

COUNCIL DISTRICT: 9

SUBJECT: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

RECOMMENDATION

(a) Adopt a resolution:
(1) Ratifying the City Manager’s authorization to execute a Collaborative Use Agreement with the Santa Clara Valley Water District allowing for an emergency interim shelter/housing community on the District’s Cherry Avenue property;
(2) Authorizing the City Manager, or her designee, to negotiate and execute all related necessary agreements:
i. supporting the State of California and Santa Clara Valley Water District in their efforts to fund portions of the project and to implement the requirements of the Collaborative Use Agreement; and
ii. exercising any option period(s), amendments, or agreements to extend the term of the Collaborative Use Agreement under substantially similar terms;
(3) Determining the City may award a Project Delivery Agreement to DignityMoves to deliver the Emergency Interim Housing project at Cherry Avenue without a competitive procurement under the “idle act” exception in Section 1217(i)(6) of the City of San José Charter;
(4) Authorizing the Director of Public Works to negotiate, award, and execute a Project Delivery Agreement at a maximum guaranteed amount not to exceed $15,000,000 for the development of an Emergency Interim Housing project at Cherry Avenue with DignityMoves, in accordance with the requirements of this memorandum and subject to the appropriation of funds; and
COUNCIL AGENDA: 12/3/24
FILE: 24-2274
ITEM: 8.2

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

(5) Authorizing the Director of Public Works to approve a 10% contingency for the project.

(b) Adopt the following 2024-2025 Appropriation Ordinance Amendments in the Real Property Transfer Tax Fund:
(1) Decrease the Interim Housing Construction and Operations (15% Homeless Support Programs) appropriation to the Housing Department by $1,000,000; and
(2) Increase the Interim Housing – Cherry appropriation to the Public Works Department by $1,000,000.

(c) Adopt the following 2024-2025 Appropriation Ordinance Amendments in the General Fund:
(1) Decrease the Emergency Housing – Emergency Housing Construction and Operation City-wide Expenses appropriation to the Housing Department by $1,000,000;
(2) Decrease the Interim Housing Construction and Operation City-wide Expenses appropriation to the Housing Department by $1,350,000; and (3) Establish the Interim Housing – Cherry Capital Improvements appropriation to the Public Works Department in the amount of $2,350,000.

SUMMARY AND OUTCOME

Approval of the recommendation authorizes the Director of Public Works to negotiate and execute a Project Delivery Agreement with DignityMoves to complete design and develop a new Emergency Interim Housing facility at the Santa Clara Valley Water District’s (Valley Water) Cherry Avenue site for up to 150 beds (currently designed for approximately 136 beds) at a maximum guaranteed amount not to exceed $15,000,000 and approve a 10% contingency to provide funding for any unanticipated work necessary for the proper completion or construction of the project, subject to the appropriation of funds.

The recommendation will also retroactively approve the execution of the Collaborative Use Agreement between the City and Valley Water for the use of approximately two acres as an Emergency Interim Housing site for a 10-year term. Additionally, the recommendation enables the City Manager, or her designee, to negotiate and execute agreement(s) with the State of California (State), to receive funds of up to $10,000,000 to support project development and delivery and to extend the term of the Collaborative Use Agreement. The recommended budget actions provide the final amount of local City funding to enable project construction.

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

BACKGROUND

Project Development

On June 6, 2023, City Council directed staff to pursue a Valley Water-owned parcel at Cherry Avenue as an Emergency Interim Housing site, including an adjacent Water Resources Protection Zone, for the Governor’s State Small Home Initiative.

On February 6, 2024, the Cherry Avenue project was approved by City Council as a Committed Addition to the 2024-2025 General Fund Base Budget, certifying that all operating and maintenance costs associated with the project will be included in future Five-Year General Fund Forecasts, beginning with the 2025-2029 Forecast.

The Cherry Avenue site is located on Cherry Avenue, between the Almaden Ranch Shopping Center and adjacent to the Guadalupe River (Attachment A – Project Location Map – Cherry Avenue Site). The useable portion of the parcel is approximately two acres. Given the proximity to the Guadalupe River, determining the feasibility and practicality of the site required evaluation within the context and regulations of the required waterway setbacks. Typically, Category 1 waterways, which the Guadalupe River is, require a 100-foot setback for development. A 100-foot setback applied to this site would have limited the number of units/beds to less than 50, making the site impractical from a cost benefit standpoint.

Valley Water and the City determined that the project would qualify for a 50-foot setback from top of bank exception under the Santa Clara Valley Habitat Agency guidelines. The Habitat Agency agreed with the City’s determination. The 50-foot setback would be the minimum setback allowed and will enable 128 units at the site, in line with the current design layout.

Governor’s Small Homes Initiative

In March 2023, Governor Newsom announced, with local leaders from around the State, including Mayor Mahan, that California would be leading and funding an initiative to help address unsheltered homelessness by identifying sites and designing and delivering interim shelter housing in select California cities, such as San José, Los Angeles, San Diego, and Sacramento.

In July 2024, after successfully partnering on the City’s Emergency Interim Housing project at the Santa Clara Valley Transportation Authority’s Cerone Bus Yard, the City and the State sought to identify whether there was an additional Emergency Interim Housing community that could be constructed with the help of additional State funds, in an amount of up to $10,000,000. The City and the Governor’s office representatives determined that the Cherry Avenue project was an appropriate project to be the recipient of the additional State funding.

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

Philanthropic Partnership with DignityMoves

On June 18, 2024, staff received City Council direction to expedite the delivery of the Emergency Interim Housing project at Cherry Avenue by adopting the most expedient delivery method with a goal of opening the site for operations by September 30, 2025.

Staff considered different project delivery approaches that would best align the project to be complete by this challenging target date, including exploring partnerships with other agencies and philanthropic partners to combine resources and reduce the cost of development through public-private partnerships.

In May 2024, the City entered into a project delivery agreement for the Emergency Interim Housing at Via del Oro project with DignityMoves, a non-profit organization dedicated to ending homelessness through interim supportive housing development.

The partnership was modeled after a similar philanthropic delivery approach used for the successful completion of the Guadalupe Emergency Interim Housing Project in 2023. In addition to project management expertise in delivering interim housing projects, DignityMoves raised and contributed over $3,000,000 to the Via del Oro project for construction and project management services. DignityMoves has extensive experience with developing interim housing solutions across the state and brought Gensler Architects and Swinerton Construction as its design and construction partners.

Currently, the Via del Oro project is under construction and is on track to be completed in early 2025.

In July 2024, DignityMoves contacted the City and expressed interest in partnering again for the Cherry Avenue project, utilizing much of the same philanthropic approach as the Via del Oro project. In partnership with DignityMoves, the City also proposed utilizing many of the same design approaches implemented at the Via del Oro project, to assist with expediting scope and programming decisions.

On September 30, 2024, DignityMoves pledged over $2,400,000 to the City in philanthropic donations, including approximately $1,250,000 in service discounts, to support the project development costs at Cherry Avenue. DignityMoves is also proposing to bring aboard the same design and construction partners, Gensler Architects and Swinerton Construction, for this project to fast-track project implementation, capitalizing on their experience with the City’s Via del Oro project. Like the Via del Oro project, Gensler Architects and Swinerton Construction have contributed to the service discounts mentioned above.

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

ANALYSIS

Concept Design

A concept design for the Emergency Interim Housing project at Cherry Avenue is shown in Attachment B – Final Concept Design and Community Layout. The proposed scope of work for the project includes:
• Capacity for up to 128 sleeping units and 136 beds;
• Shared use private individual combination bathroom/shower units; • Shared combination laundry units (washer/dryer);
• Kitchen/food storage/food preparation units;
• Community intake and offices for administration and client/support services; • Basic outdoor seating, tables, shade structures;
• Dog run/pet relief area;
• Fire access road;
• Parking (52 stalls); and
• Utilities, including sanitary sewer, storm water treatment, electrical service, domestic water, fire suppression, and internet/communications.

The project will utilize sleeping cabins and community buildings, similar to those being installed at the Via del Oro project, that are California Department of Housing and Community Development certified to support rapid design and development, provide quality facilities, control costs, and achieve a competitive cost per unit and per bed.

Water Resources Protection Zone

In developing the layout and setback exception, numerous factors were considered and incorporated, including the sensitive nature of the waterways, an existing Valley Water maintenance road aligned near the 50-foot setback area, and numerous encampments existing on the site and within the desired setbacks along this reach of waterway. Part of Valley Water’s interest in having the City develop interim housing on this property was to assist with the unsheltered encampments, on the site and in this reach of riparian waterway, being relocated into an Emergency Interim Housing community and to be able to protect the waterway from the impacts of encampments.

After further collaboration, the City and Valley Water staff developed the concept of creating a Water Resources Protection Zone from Blossom Hill Road in the south to Branham Road in the north. The Water Resources Protection Zone aims to safeguard this section of the affected waterway by helping individuals in encampments find shelter through collaborative efforts between the City and Valley Water, enhancing efforts to help ensure the waterway remains clear of encampments in the future and that previously encamped areas are designated as no-camping zones. A workplan will need to be developed in collaboration with Valley Water to develop strategies to ensure the Water Resources Protection Zone is kept free of the prohibited items, including fires,

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

litter, encampments, or other environmentally incompatible uses. In addition, the City will develop a plan to identify shelter options for people displaced by construction of the site during the construction period.

Collaborative Use Agreement with Valley Water

A Collaborative Use Agreement between the City, as tenant, and Valley Water, as landlord, was executed September 19, 2024, allowing for the City’s development of an Emergency Interim Housing community consisting of up to 125 units on Valley Water’s property at assessor’s parcel numbers 458-16-035 and a portion of 458-14-032. The term of the agreement will expire on December 31, 2035, and a subsequent five-year option term would expire on December 31, 2040. The compensation to Valley Water for the Collaborative Use Agreement consists of the community benefits of the Emergency Interim Housing site and outreach as well as housing placement services provided by the City. In particular, the City will assist with outreach services and/or offers of housing to individuals presently residing on Valley Water property within the area encompassed by Guadalupe River Reach 12. Unsheltered individuals residing within Guadalupe River Reach 12 will be provided first priority for housing at the Cherry Avenue Emergency Interim Housing community for the first 30 days following the completion of the project’s development. After the initial 30 days, the City may prioritize the remaining units to be used for individuals within its targeted outreach areas, and other high priority encampment areas.

Funding Agreement with the State

As noted above, the Governor’s office agreed to provide additional State funds of up to $10,000,000 to facilitate the development of the Cherry Avenue site, with the exact dollar amount dependent on the number of beds provided in the project. Therefore, alongside the lease agreement with Valley Water for the Cherry Avenue property, the City must also execute an agreement with the California Department of General Services to facilitate the proper development of the interim community. The agreement focuses on necessary funding transfers from the State to the City as part of the Governor’s Small Homes Initiative.

The Public Works and Housing Departments share joint responsibilities under the proposed State grant, each with distinct focus areas regarding the terms and conditions upon execution. The Public Works Department is charged with ensuring that grant funds are utilized strictly within the original scope outlined in the agreement, specifically targeting the development of at least 100 beds and necessary infrastructure.

Additionally, the Public Works Department oversees compliance with the operational terms related to infrastructure needs. Post construction, the Housing Department will assume the roles of asset manager and property manager and will coordinate the delivery of supportive services to the residents. The Housing Department is charged with operating the Cherry Avenue site in compliance with the State grant, from the

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

selection of eligible occupants to the successful transition of residents to permanent housing.

Staff’s recommendation authorizes the City Manager, or her designee, to negotiate and execute such funding transfers and other agreements, in the best interest of the City, to move the Cherry Avenue Emergency Interim Housing project forward, subject to the appropriation of funds. Once the agreement is executed, actions to recognize and appropriate the funding will be recommended as part of a future budget process. Based on the current design of 136 beds, the City expects to receive approximately $9,000,000 in State funding. However, it is important to note that the funding from the State will not be sufficient on its own to construct units for up to 150 people at the Cherry Avenue site.

The State funds will be leveraged with City and philanthropic funds in order to complete the project as summarized in the Cost Summary/Implications section below.

Project Delivery Agreement with DignityMoves

Staff recommends authorizing the Director of Public Works to negotiate and execute a project delivery agreement with DignityMoves to design and construct the Cherry Avenue project. This authorization would allow staff to move seamlessly into construction as quickly as possible.

The City will pay DignityMoves a negotiated lump-sum amount not to exceed $15,000,000 to complete design work and construct the project in accordance with City- approved construction documents. The exact amount of the contract will be confirmed once construction documents are completed later this calendar year and documented in a project delivery agreement with DignityMoves. The not-to-exceed amount of $15,000,000 is after deducting $2,400,000 in donations and fee reductions for total cost of $17,400,000, of which $13,500,000 is estimated for construction costs and approximately $3,900,000 is estimated for design and management fees, as outlined in the Table on page nine of this memorandum. The not-to-exceed amount of $15,000,000 is based on the conceptual design package and associated current cost estimates provided by DignityMoves and submitted to the City for review at the end of October.

The project will continue with the design phase through the end of this calendar year, with design completion and construction start anticipated in January 2025 and completion by September 2025.

The final contractual lump-sum amount will include all deductions for philanthropic contributions, both through monetary donations and service fee discounts from DignityMoves, Gensler Architects, Swinerton Construction, and other subcontractors totaling at least $2,400,000, as outlined in the below Table.

The City will require DignityMoves to comply with State prevailing wage and labor compliance, as well as the City’s Project Labor Agreement. In addition, the agreement would require DignityMoves to provide payment and performance bonds from Swinerton Construction with the City named as a co-obligee, and standard insurance (including

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

builder’s at-risk insurance), licensing, site security, superintendence, and other typical requirements of other design and construction contracts. DignityMoves, as the developer of the project, may delegate performance of work to others, and as such the requirements outlined by the City and that performance shall be deemed as “DignityMoves’ performance.” DignityMoves will contract with Gensler Architects and Swinerton Construction to design and construct the project.

Idle Act Exception to Bidding

The San José City Charter generally requires the City to competitively procure construction contracts. However, the San José City Charter also sets forth several exceptions to this general requirement. One exception is Section 1217(i)(6), which provides an exception if the solicitation of bids would be an “idle act.” San José Municipal Code Section 27.46.020 states that “idle act” “means that soliciting bids would not provide any significant value or benefit to the City considered in the context of the purpose and goals of Public Bidding.”

In September 2024, DignityMoves estimated the construction costs to be about $12,000,000, based on conceptual designs, and agreed to fundraise for at least 20% of the total construction cost. At the writing of this memorandum, DignityMoves, Gensler Architects, and Swinerton Construction have secured over $2,400,000 in donations and fee discounts, consistent with 20% of this initial construction cost estimate, and will continue to fundraise, as needed, to maintain the 20% threshold as the construction cost estimate becomes better defined. With the significant contributions of over $2,400,000 secured thus far, and DignityMoves continuing fundraising efforts, City staff concluded that soliciting bids for the project would not provide any significant value or benefit to the City. Since DignityMoves has committed to fundraising 20% of the construction costs and has already secured 18% ($2,400,000 out of $13,500,000) of the current estimated construction costs, soliciting bids would not result in the City being able to deliver the project for less than the amount it is paying DignityMoves to complete the project.

Delivery Cost Estimate for the Emergency Interim Housing Project at Cherry Avenue

The Table below details the current estimated site and project development costs, including philanthropic donations and fee discounts, for the Emergency Interim Housing project at Cherry Avenue. These cost estimates are based on a conceptual level understanding of the project’s design and serve as the basis for the not-to-exceed amount proposed in this memorandum.

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

Table
Current Estimated Project Cost – Emergency Interim Housing Project at Cherry Avenue

Cost Element Description Estimated
Cost

A. Total Estimated
Construction Hard
Cost
Total estimated construction hard cost, not
including deductions for donations and
discounts. Includes site preparation, grading,
drainage, site paving, storm water treatment,
utility installation, modular buildings, modular
building foundations and connections, and
installation of various site amenities.
$13,500,000
B. DignityMoves
Planning, Design,
and Project
Management Fees
Includes professional fees from the
DignityMoves team, including Gensler Architects
and Swinerton Construction, for preliminary
concept development, initial site layout, survey,
geotechnical work, design development,
construction documents, project management,
and construction management.
$3,900,000
C. Philanthropic
Donations, Fee
Discounts
Philanthropic donations by DignityMoves and
professional fee discounts by DignityMoves,
Gensler Architects, and Swinerton Construction.
($2,400,000)
D. SUB-TOTAL Estimated total cost of Project Delivery
Agreement, after deductions for donations
and fee discounts.
$15,000,000
E. City Staff Project
Delivery Costs
Engineering and design, plan review/approval,
project management, code and construction
inspection, and permitting, including fire, life,
and safety compliance.
$2,000,000
F. Estimated Project
Contingency Cost
For unforeseen conditions, unanticipated work,
and/or changes necessary during construction
(10% of Estimated Construction Hard Cost per
City Council Policy).
$1,350,000
G. TOTAL

ESTIMATED

PROJECT COST
Estimated total cost to the City to design and
construct the Emergency Interim Housing
project at Cherry Avenue, after deductions
for donations and discounts to the City.
$18,350,000

Given the City and DignityMoves are continuing to refine and finalize both the project design and the overall project cost estimate, staff believes delegating authority to award a Project Delivery Agreement in an amount not to exceed $15,000,000 with a contingency of 10% of the construction costs, is appropriate and sufficient. Staff

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

considers these costs to be reasonable for delivering the project, based on the complexity of the site, number of units proposed, and cost of development for previously built Emergency Interim Housing sites. If the cost will exceed $15,000,000, staff will return to City Council for an additional delegation of authority.

Alignment with Citywide Housing Goals

The construction of the Emergency Interim Housing at Cherry Avenue project is key in advancing the City's broader goals as outlined in the Mayor's March Budget Message as approved by the City Council. This project will contribute to the overall goal of having 1,000 operational Emergency Interim Housing units Citywide, enhancing the City's capacity to address homelessness and provide stable housing solutions for this vulnerable population.

EVALUATION AND FOLLOW-UP

No additional follow up action with City Council is expected at this time related to project construction. Recommended actions to recognize and appropriate State funding and award an operating contract will be brought forward at a later time.

COST SUMMARY/IMPLICATIONS

This project cost of $18,350,000 will be funded from a mix of external funds (approximately $9,000,000 from the State), General Fund ($2,350,000), and Measure E funds within the Real Property Transfer Tax Fund that were previously designated for interim housing ($7,000,000). The City is anticipating at least $9,000,000, up to $10,000,000, from the State of California as part of the State’s Small Homes Initiative to fund the construction of the currently planned 136 beds at the Cherry Avenue project.

Once the agreement is executed with the State, actions to recognize and appropriate the funding will be recommended as part of a future budget process, such as 2024-2025 Mid-Year Budget Review.

In the General Fund, funding is available from two appropriations, $1,000,000 in the Emergency Housing - Emergency Housing Construction and Operation City-Wide Expenses appropriation and $1,350,000 in the Interim Housing Construction and Operation City-Wide Expenses appropriation. The recommended budget actions reallocates and consolidates this $2,350,000 to establish a new Interim Housing – Cherry Capital Improvements appropriation in the General Fund. The State funding of an estimated $9,000,000, once received, will be added to this General Fund appropriation. In the Real Property Transfer Tax Fund, the Interim Housing – Cherry appropriation of $6,000,000 was previously established as part of the 2023-2024 Annual Report, and another $1,000,000 is recommended to be reallocated from the Interim

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

Housing Construction and Operations appropriation to the Interim Housing – Cherry appropriation.

The City’s previous 2025-2029 Five-Year Forecast and Revenue Projections released March 1, 2024 estimated the preliminary construction cost of the Cherry Avenue e Emergency Interim Housing site at $15,000,000 with annual operating cost projected at $3,600,000 beginning in Fiscal Year 2025-2026. This estimate was based on a facility with 96 beds, which translated to an approximate construction cost of $156,000 per bed.

Since the forecast, the project scope has expanded from 96 beds to a planned 136 beds to maximize utilization of the site and existing infrastructure, as well as available State funding. Increasing capacity will also allow for the possibility in the future to place individuals relocated from the waterways. This increase has adjusted the total construction cost to $18,350,000, effectively lowering the per-bed construction cost to approximately $135,000. Operating costs, projected to start in fall of 2025, are currently estimated at $5,100,000 annually based on an estimated operating cost of approximately $37,500 per bed. However costs are subject to change based on the Request for Proposal to select an operator, maintenance and repair needs, and site specific requirements.

1. TOTAL COST OF PROJECT:

City Project Delivery Cost* $2,000,000
Contract Agreement Amount $15,000,000
City Owned Contingency $1,350,000
Total Project Costs $18,350,000
* Project delivery includes $500,000 for project management and design review services and $1,500,000 for construction management and inspection services.

2. COST ELEMENTS OF AGREEMENT/CONTRACT AS RECOMMENDED AS PART OF THE MEMORANDUM:

The cost elements of the agreement, as outlined in the analysis of this memorandum, include planning, design and project management of the project, site development and installation of utilities, and installation of modular buildings and equipment. The agreement is currently estimated not to exceed $15,000,000, based on design development documents currently being reviewed by the City. This estimate will be refined further as the City finalizes negotiations with DignityMoves and the final agreement amount, including an updated breakdown in costs (as shown in the Table on page nine) will be outlined and provided in the executed agreement.

BUDGET REFERENCE

The table below identifies the fund and appropriations to fund the contract recommended as part of this memorandum and remaining project costs, including project delivery, construction, and contingency costs.

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

Fund
No.

Appn.

No.

Appropriation
Name
Total
Appropriation
Rec. Budget
Action
Amount for
Project
2024-2025
Adopted
Operating
Budget
Page
Last
Budget
Action
(Date,
Ord. No.)
404 230G Interim Housing
Construction
and Operations
(15% HSP)
$2,000,000 ($1,000,000) $0 1009 10/22/2024
31130
404 230Z Interim Housing
– Cherry
$6,000,000 $1,000,000 $7,000,000 N/A 10/22/2024
31130
001 217P Emergency
Housing -
Emergency
Housing
Construction
and Operation
$1,066,805 ($1,000,000) $0 884 10/22/2024
31130
001 229S Interim Housing
Construction
and Operation
$7,900,000 ($1,350,000) $0 887 10/22/2024
31130
001 NEW Interim Housing
– Cherry
$0 $2,350,000 $2,350,000 N/A N/A

COORDINATION

This memorandum has been coordinated with the City Attorney’s Office, the City Manager’s Office of Economic Development and Cultural Affairs, and the Planning, Building, and Code Enforcement Department.

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

PUBLIC OUTREACH

This memorandum will be posted on the City’s Council Agenda website for the December 3, 2024 City Council meeting.

Community Engagement is expected to align with the Community Advisory Committee practices of our Emergency Interim Housing communities within the City. Recently, staff, along with DignityMoves, presented concepts to the Erickson Neighborhood Association, to engage with community members on the Cherry Avenue Emergency Interim Housing development and design process.

COMMISSION RECOMMENDATION AND INPUT

No commission recommendation or input is associated with this action.

CEQA

File No. ER24-015, Determination of Consistency with the Mitigated Negative Declaration for the Emergency Interim Housing Programs project (File No. ER22-198, Resolution No. 2023-380). (Attachment C – Determination of Consistency with the Mitigated Negative Declaration).

PUBLIC SUBSIDY REPORTING

This item does not include a public subsidy as defined in section 53083 or 53083.1 of the California Government Code or the City’s Open Government Resolution.

/s/ /s/
MATT LOESCH ERIK L. SOLIVÁN
Director of Public Works Housing Director

JIM SHANNON
Budget Director

HONORABLE MAYOR AND CITY COUNCIL
November 15, 2024
Subject: Actions Related to the Emergency Interim Housing Project at Cherry Avenue

For questions, please contact Katherine Brown, Assistant Director, Public Works, at [email protected], or Cupid Alexander, Deputy Director, Housing Department, at [email protected].

ATTACHMENTS
Attachment A – Project Location Map – Cherry Avenue Site Attachment B – Final Concept Design and Community Layout Attachment C – Determination of Consistency with the Mitigated Negative Declaration

PGE
CH
ERRY AVEN
U
E
(W
IDTH

VARIES)
ALIGN
ALIGN

AREA NIC
FEC
RFEC
(E) DOOR & FRAME TO REMAIN
(N) DOOR & FRAME
(E) CONSTRUCTION TO REMAIN
(N) NON-RATED CONSTRUCTION
(N) 1 HR RATED CONSTRUCTION
(N) 2 HR RATED CONSTRUCTION

MILLWORK

FIRE EXTINGUISHER CABINET

RATED FIRE EXTINGUISHER CABINET
(E) 1 HR RATED CONSTRUCTION TO REMAIN
(E) 2 HR RATED CONSTRUCTION TO REMAIN
A9A2
XXXX
XX XX

DOOR NUMBER

HARDWARE GROUP

DOOR TYPE

TRUEGRID PERMEABLE PAVING
SYSTEM, REF. CIVIL DRAWINGS
2" ROCK, REF. CIVIL DRAWINGS
A. SEE G SHEET SERIES FOR SYMBOLS, ABBREVIATIONS,

GENERAL NOTES & TYPICAL MOUNTING LOCATIONS,
HEIGHTS AND ALIGNMENTS.

B. GC TO VERIFY LIMITS OF DEMOLITION SCOPE WITH NEW
CONSTRUCTION SCOPE PRIOR TO COMMENCING WORK.

C. SEE CONSULTANT AND VENDOR DRAWINGS FOR RELATED
SCOPE OF WORK AND ADDITIONAL INFORMATION.

ARCHITECTURAL DRAWINGS TAKE PRECEDENCE ON
LOCATION OF DEVICES.

D. CONTRACTOR SHALL PROVIDE NON-COMBUSTIBLE

BACKING FOR ALL WALL MOUNTED EQUIPMENT
E. ALL NEW PENETRATIONS AND OPENINGS IN THE BUILDING

ENVELOPE SHALL BE SEALED TO LIMIT INFILTRATION AND
EXFILTRATION. PATCH WATERPROOFING TO MAINTAIN
WATER TIGHT BUILDING ENVELOPE.

F. COORDINATE AND ALIGN ALL ACCESS PANELS WITH NEW
CONSTRUCTION. WHERE ACCESS PANELS CONFLICT WITH
CONSTRUCTION, RELOCATE PANELS AS REQUIRED. VERIFY
LAYOUT WITH ARCHITECT PRIOR TO INSTALLATION.

G. ALL DOORS TO COMPLY TO 5 POUND MAXIMUM OPENING
FORCE LIMIT PER CBC 11B-309.4
H. ALL LOOSE FURNITURE BY OTHERS, SHOWN FOR
REFERENCE ONLY, MINIMUM OF 5% OF SEATING SPACES

AND STANDING SPACES AT DINING SURFACES SHALL
COMPLY WITH CBC 11B-902.

I. FOR DECKING ELEVATIONS AND FINISH FLOOR HEIGHTS,
REFERENCE MODULAR FABRICATOR DRAWINGS.

LAUNDRY
1' - 0"
1' - 0"

JOINT-USE

FIRE LANE
866 SF
TRASH

ENCLOSURE
541 SF

UTILITY

ENCLOSURE

FIRE LANE
EX

ISTING MAINTENAN

CE ACCESS
ROAD

EXISTING MAINTENANCE ACCESS ROAD

EXISTING

MAINTENANCE

ACCESS ROAD

FIRE LANE - TWO WAY

DRIVE AISLE

STORAGE

HOT ROOM

OFFICE (IT)OFFICE
(CHECK-IN)

STORAGE
50' - 0"
50' - 0"

JOINT-USE

FIRE LANE -

TWO WAY

DRIVE AISLE
1' - 0"
SEE SHEET A5.01
SEE SHEET A5.03
SEE SHEET A5.02
SEE SHEET A5.03
0907
05 03
02 01
TYP
18' - 0"
CLEAR
24' - 0"
TYP
18' - 0"
1' - 4"
12 14
4' - 2" 136' - 10" 4' - 2"
12 12
06 06
09 9' - 2"

FIRE LANE WIDTH
24' - 0" 5' - 4" 63' - 0"
21' - 8" 34' - 10" 34' - 10" 34' - 10" 10' - 8"
2727
27 27
2' - 2"
2' - 6"
2' - 6"
21 030303
030303
03030303
03030303
03030303
03030303

COVERED

OUTDOOR
DINING
030303
030303
03030303
030303
5' - 2" 71' - 8" 4' - 4"
28 60' - 11 1/2"
26' - 10" 15' - 1"
27 27
25 25
25 25
24' - 0"
12 12
29 30
07 11
11 11
11 DOUBLE
DOUBLE
DOUBLE
DOUBLE
ACCESS.

DOUBLE
ACCESS.

DOUBLE
ACCESS.

DOUBLE
ACCESS.

DOUBLE
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
ACCESS.

UNIT
12 30
30 30
5' - 0"6"

FIRE LANE
24' - 0" 18' - 0"
12 5' - 0"
18' - 0"
1' - 8" 18' - 0" 5' - 0" 46' - 10"
(28) STANDARD 8'-6" WIDE SPACES
238' - 0"
22' - 5"
4' - 10"
9"
49' - 1 1/2" 5' - 7"
9' - 3" 17' - 2 1/2"

PET RELIEF
D9
E13
I7
H2
C2D1
D3 C4
C6D5
D7 C8
C10
C12
C1
C3
C5
B2
B4
B6
B8C7
C9 B10
B12C11
B1
B3
B5
B7
B9
B11
D2
D4
D6
D8
E12 E10 E8 E6 E4 E2
E11 E9 E7 E5 E3 E1
F15 F13 F11 F9 F7 F5 F3 F1
F2F4F6F8F10F12F14F16
G15 G13 G11 G9 G7 G5 G3 G1
G2G4G6G8G10G12G14G16
H15 H13 H11 H9 H7 H5 H3 H1
H4H6H8H10H12H14
J8 J7 J6 J5 J4 J3 J2 J1
I1I2I3I4I5I6
04 A6.01
_______
07 R 5' - 0"
30 30
27 15
10 10
10 10
10 10
10 10
03 03
03 03
03 03
03 03
03 03
03 03
03 03
03 03

FACE OF MODULAR UNITS
17 12
17 FACE OF

MODULAR UNITS
27 27
27 18
18 18
17 17 17
17 16' - 0"
16' - 0" 16' - 0"
16' - 0"
6' - 0"
5' - 0"
6' - 0"
2' - 10 1/2"
8' - 1 1/2" 34' - 10" 34' - 10" 13' - 2" 43' - 8" 39' - 8 1/2" 15' - 10 1/2"
6' - 0"
07 07 07 07
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
ACC. RR
SHWR
25 25
10' - 0"
12 17
48' - 0"
50' - 0"
8' - 0"
(8) STANDARD 8'-6" WIDE SPACES
68' - 0"
(2) STANDARD SPACES
17' - 0"
20' - 0" 7' - 2"
30' - 0"
OFFICE
DINING
ACC. RRPANTRY

STORAGE

LAUNDRY
OFFICE
OFFICE
OFFICE
OFFICE
OFFICE
ACC. RR
OFFICE
OFFICE
A5.11
03 A5.1101
02 (4'-0" MIN)
5' - 9"
6"
TYP
5' - 0"
10' - 6"
1' - 5"
04 04
04 04
30 30
30 30
3030
30 30 17
08 22
19 19
02 23
27 27
27 27
6"
3' - 0"
28 24
24 28
26 27
27 FIRE
LANE
16 16
59' - 10" 11' - 0" 34' - 8" 15' - 0"
21' - 10"
27 27
16' - 0"
5' - 0"
30' - 0"
31' - 4"
1' - 0"
20' - 0"
14' - 8"
V.I.F.
8' - 10"
14' - 11 1/2"
8' - 0" V.I.F.
14' - 4"
9' - 6" 61' - 0" 14' - 0" 19' - 6" 8' - 0"
1' - 0" 5' - 0"1' - 6"
(9) STANDARD 8'-6" WIDE SPACES
76' - 6"
9' - 0" 5' - 0" 9' - 0"
9' - 0" 5' - 0"
12' - 0" 7' - 0 1/2"
20 20
20 20
20 20
20 20
2020
20 20
TYP

SHEET NOTES

GENERAL NOTES

KEY PLAN
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2024

NOT FOR

CONSTRUCTION
Tel Do not enter
Fax Text here
While editing the title block
select & change this Family Type
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Office Information

CIVIL ENGINEER
255 Shoreline Drive, Suite 200
Redwood City, CA 94065
Tel 650.482.6300

MEP ENGINEER
48 Golden Gate Avenue
San Francisco, CA 94102
Tel 415.544.7200

STRUCTURAL ENGINEER
375 Beale Street, Suite 500
San Francisco, CA 94105
Tel 415.392.6952
As indicated
11/4/2024 12:15:41 PMAutodesk Docs://Dignity Moves - SJ Cherry Ave/Dignity Moves - SJ Cherry Ave - R24.rvt A1.11

CONSTRUCTION PLAN
001.3865.000
Dignity Moves - SJ Cherry Ave
Dignity Moves
5200 Cherry Avenue
San Jose, CA 95118
LEGEND
SCALE: 1/16" = 1'-0"
CONSTRUCTION PLAN - LEVEL 011
11/04/2024 ISSUE FOR DESIGN DEVELOPMENT
01 PARKING. 51 STALLS TOTAL; INCLUDING 1 VAN
ACCESSIBLE & 3 STANDARD ACCESSIBLE SPACES.
02 ALTERNATIVE ACCESSIBLE POINT OF EGRESS.
03 PREFABRICATED RESIDENTIAL TWO-ROOM MODULAR

UNIT (REFERENCE MODULAR FABRICATOR DRAWINGS
FOR MORE INFORMATION) WITH SITE-BUILT 3' X 10'
CONCRETE LANDING AT ENTRY.
04 PREFABRICATED RESIDENTIAL ONE-ROOM MODULAR

UNIT (REFERENCE MODULAR FABRICATOR DRAWINGS
FOR MORE INFORMATION) WITH SITE-BUILT 3' X 5'
CONCRETE LANDING AT ENTRY.
05 PREFABRICATED ACCESSIBLE CHECK-IN TWO-ROOM

MODULAR UNIT(REFERENCE MODULAR FABRICATOR

DRAWINGS FOR MORE INFORMATION), WITH
PRE-ENGINEERED ALUM. ACCESSIBLE RAMP, DECK &
RAILING SYSTEM.
06 PREFABRICATED ACCESSIBLE MOBILE OFFICE TRAILER,

AXELS REMOVED, WITH VINYL SKIRTING (REFERENCE

COMMERCIAL MODULAR MFR DRAWINGS FOR MORE
INFORMATION) WITH PRE-ENGINEERED ALUM.

ACCESSIBLE RAMP, DECK, STAIR AND RAILING SYSTEM,
DELEGATED DESIGN PER COMMERCIAL MODULAR MFR.
07 PREFABRICATED ACCESSIBLE RESTROOM & SHOWER
TWO-ROOM MODULAR UNIT; 50% OF QUANTITY TO MEET
ACCESSIBILITY REQUIREMENTS, PER CBC CH 11B
(REFERENCE MODULAR FABRICATOR DRAWINGS FOR
MORE INFORMATION).
08 PREFABRICATED ACCESSIBLE MOBILE MEAL PREP AND

DINING TRAILER, AXELS REMOVED, WITH VINYL SKIRTING
(REFERENCE COMMERCIAL MODULAR MFR DRAWINGS
FOR MORE INFORMATION) WITH PRE-ENGINEERED ALUM.

ACCESSIBLE RAMP, DECK, STAIR AND RAILING SYSTEM,
DELEGATED DESIGN PER COMMERCIAL MODULAR MFR.
09 PREFABRICATED ACCESSIBLE LAUNDRY ROOM MODULAR

UNIT (REFERENCE MODULAR FABRICATOR DRAWINGS
FOR MORE INFORMATION), WITH (2) ACCESSIBLE
WASHER, (2) ACCESSIBLE DRYER & (4) STACKED
WASHER/DRYER COMBINATION UNITS.
10 PREFABRICATED ACCESSIBLE TWO-ROOM RESIDENTIAL

MODULAR UNIT, (REFERENCE MODULAR FABRICATOR

DRAWINGS FOR MORE INFORMATION)
11 PREFABRICATED ACCESSIBLE ONE-ROOM RESIDENTIAL

DOUBLE OCCUPANCY MODULAR UNIT (REFERENCE

MODULAR FABRICATOR DRAWINGS FOR MORE
INFORMATION).
12 BICYCLE RACKS
14 TRASH ENCLOSURE WITH CURB TO ACCOMODATE (9)
3-CUBIC YARD DUMPSTERS. CONFIGURATION TO BE

COORDINATED WITH RECYCLING & GARBAGE
COLLECTION SERVICE.
15 NEW FIRE HYDRANT, FINAL LOCATION TO BE

DETERMINED BASED ON EXISTING UTILITIES AND
COORDINATION WITH FIRE/BUILDING DEPARTMENTS.
16 PRE-ENGINEERED ALUM. STAIR & RAILING SYSTEM WITH
LEVELING FEET. STAIRS TO COMPLY WITH CBC 1011, CBC
11B-504, AND 11B-505 FOR STAIRWAY CLEAR WIDTHS,

RISERS, TREADS, UNIFORMITY, LANDING DEPTHS, AND
HANDRAILS. HANDRAILS TO COMPLY WITH CBC 1014 FOR

HANDRAIL EXTENSIONS, CLEARANCES AND
PROJECTIONS.
17 PRE-ENGINEERED ALUM. ACCESSIBLE RAMP WITH
INTEGRATED RAILING AND LEVELING FEET. RAMPS TO
COMPLY WITH CBC 11B-405 AND 11B-505 FOR RAMP

WIDTHS, SLOPE, LANDINGS AND HANDRAILS, AND CBC
1012 RAMPS. HANDRAILS TO COMPLY WITH CBC 1014 FOR

HANDRAIL EXTENSIONS, CLEARANCES AND
PROJECTIONS.
18 PRE-ENGINEERED ALUM. ACCESSIBLE DECK & RAILING
SYSTEM WITH LEVELING FEET.
19 8' X 20' CONEX SHIPPING CONTAINER, PAINTED, COLOR
TBD.
20 CEDAR PRIVACY FENCE, 6'-0" HIGH.
21 DOG RELIEF WITH PET WASTE STATION, 4'-0" HIGH
CHAINLINK FENCE ON INTERIOR SIDE OF SITE. 6'-0" HIGH
CEDAR FENCE ON EXTERIOR. SURFACE MATERIAL TBD.
22 8' X 10' CONEX SHIPPING CONTAINER (INTEGRATED GATE)

W/ OPERATOR PROVIDED BED BUG HOT
BOX/DECONTAMINATION CHAMBER. STAFF USE ONLY.
23 MAIN POINT OF ENTRY AND EGRESS
24 WHEEL STOP, TYP, SEE CIVIL DRAWINGS.
25 PEDESTRIAN PATHWAY SHOWN AS CROSSHATCH

THROUGHOUT, TRUEGRID WITH CRUSHED ROCK, REFER
TO CIVIL DRAWINGS.
26 PRE-ENGINEERED FABRIC SHADE STRUCTURE W/

SURFACE MOUNT ANCHOR BOLTS & PLATES, SIZE AND
COLOR TBD.
27 CHAINLINK FENCE, 8'-0" HIGH.
28 BOLLARD, TYP, SEE STRUCTURAL DRAWINGS.
29 MAIL PACKAGE DROP. MAILBOXES.COM MODEL #4375.

S.S.D. FOR ANCHORAGE
30 PLANTER, TYP

ATTACHMENT B - FINAL CONCEPT DESIGN AND COMMUNITY LAYOUT 200 E. Santa Clara Street, 3rd FL San José, CA 95113 tel (408) 535-3555 www.sanjoseca.gov/pbce Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR

DETERMINATION OF CONSISTENCY WITH THE MITIGATED NEGATIVE DECLARATION Pursuant to Sections 15064 and 15162 of the CEQA Guidelines, the City of San José has determined that the project described below does not involve significant effects, and the project is consistent with the project description analyzed in the Mitigated Negative Declaration (MND) for the Emergency Interim Housing (EIH) Programs (File No. ER22-198) and adopted by City Council Resolution No. RES2023-380 on October 24, 2023. Therefore, the City of San José can act on this project as being within the scope of the EIH Programs MND.

File Number and Project Name: File. ER24-015, Cherry Avenue Site This EIH proj
ect would accommodate up to 116 sleeping units. Communal spaces would include restrooms and showers, dining areas, laundry facilities, and outdoor community space with a pet run and a smoking area.

Storage facilities for residents would also be provided. Case management and 24-hour security would be provided. In addition to the sleeping units, structures on the site would include one or more communal buildings, storage units, a single guard shack, and an insect eradicator shed. All structures would be temporary. This EIH site is expected to be in operation for a maximum of 10 years or less depending upon need. After operations cease, all structures would be removed, and the project site would be returned as much as possible to existing conditions.

Location: Cherry Avenue, San José, CA 95134, APN: 458-16-035 Council District: 9 The environmental impacts of this project were addressed in the MND and supporting Initial Study entitled “Emergency Interim Housing Programs Project” that was adopted by City Council Resolution No.

RES2023-380 on October 24, 2024. Specifically, the following impacts were reviewed and found to be adequately considered by the MND:

Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise and Vibration
Population and Housing
Public Services
Recreation
Transportation
Utilities and Service Systems
Wildfire
Mandatory Findings of Significance
ANALYSIS:

There are many designs and structures that are used for transitional housing units and the market is rapidly developing to provide various forms of the actual units. The EIH Programs MND analyzed the option with the greatest massing for a conservative analysis of project impacts. For this project the sleeping cabin units would be single-story modular singles, doubles, and Americans with Disabilities Act (ADA) units. These units are smaller than the two-story modular units analyzed in the EIH Programs MND. All other aspects of the project in terms of services, access, fencing, and safety features are comparable to what was analyzed in the EIH Programs MND.

Because this EIH project will have a smaller massing and less intensive development than that analyzed in the EIH Programs MND, this project is consistent with the analysis in that document. Furthermore, the City 1 consulted with the Habitat Agency and received a Habitat Conservation Plan Condition 11 Exception for the temporary development of a parcel adjacent to a Category 1 stream. See approved Exception Request attached below.

A Mitigation Monitoring and Report Program (MMRP) was adopted for the EIH Programs MND (see attached, below). That MMRP identified Mitigation Measures for potential air quality, hydrology and water quality, and tribal cultural resources impacts based on the location of the project site. The potential impacts on these resources for this Via del Oro EIH site are discussed below:

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: The nearest residences to this project site are within 500 feet to the east, and a hotel is located approximately 200 feet to the north of the site (see Figure 1). Therefore, Mitigation Measures AIR-1.1 and 1.2 would apply to this project.

Impact HYD-1: Construction of EIH projects within Special Flood Hazard Areas or in proximity to waterways could increase the risk of project inundation: This project site is in Zone D of the FEMA Flood Insurance Rate Map Panel 06085C0263H (see Figure 2). Zone D is not a Special Flood Hazard Area. Therefore, Mitigation Measure HYD-1.1 does not apply to this project.

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: The project site is adjacent to Guadalupe River and is in an archaeologically sensitive area (see Figure 3). Therefore, Mitigation Measure TCR-1.1 would apply to this project.

In compliance with Mitigation Measure TCR-1.1, the City will initiate consultation with Tamien Nation and come to an agreement on any additional measures that may be required.

Based on the above analysis, Mitigation Measures AIR-1.1 and 1.2 and TCR-1.1 are required for this project.

The project will be subject to the Standard Permit Conditions identified in the EIH Program MND (see attached, below).

There would be no new significant environmental impacts that would result from this project pursuant to CEQA Guidelines 15162. No further analysis under CEQA is required.

C hristopher Burton, Director
P lanning, Building and Code Enforcement

__________________________ ____________________________________ Date Deputy

Environmental Project Manager: Reema Mahamood

Attachments:

A p p r o v e d H a b i t a t C o n s e r v a t i o n P lan Condition 11 Exception Request

M M R P
F i g u r e s
S t a n d a r d P e r m i t C o n d i t i o n s

2

Santa Clara Valley Habitat Plan
CONDITION 11 EXCEPTION REQUEST
Da
te April 3, 2023
Subject Stream and Riparian Setback Condition (Condition 11) Exception for Cherry Ave EIH City of San Jose
Recommendation Approve exception to 100ft setback to not less than 50ft from top of bank Reviewed by Don Arnold, Planner
Th
e City of San Jose is requesting an exception from Condition 11, Stream and Riparian Setback Condition for their project titled Cherry Ave Emergency Interim Housing (EIH)(“Project”). The Project is located within the City of San Jose (“City”) on an undeveloped 2.52-acre lot along Cherry Avenue, north of State Route 85 and the Sanchez Percolation Ponds, and adjacent to the Guadalupe River (see Figure 1). The City would develop this site for EIH to house currently unhoused persons with the ultimate goal of transitioning them into permanent housing.

The City would install 12 single story modular buildings, each containing 8 residential units, totaling 96 residential units. Each residential unit will include a bedroom and a bathroom. Other modular buildings include a one-story administrative building, a one-story laundry facility and multiple storage units. Common areas for gatherings both indoor and outdoor will be developed. The 2.52- acre lot would have a perimeter fence around the entire site. All areas within the perimeter fence will be considered permanently developed under the Sana Clara Valley Habitat Plan (“Plan”).

The Guadalupe River is a Category 1 Stream, within the Urban Service Limit, with a slope of <30%, thus requiring a 100-foot stream setback from top of bank. According to the request, the stream setback exception is for encroachment into the 100-foot setback as it exists within the fire lane on the empty lot. This encroachment will vary along the Project boundary but will not allow any permanent development within 50-feet of top of bank at this site.

For all proposed exceptions to the stream setbacks (inside or outside the urban service area), exceptions will be considered based on the following factors:

1. The existence of legal uses within the setback.

2. The extent to which meeting the required setback would result in a demonstrable hardship (i.e., denies an owner any economically viable use of his land or adversely affects recognized real property interests) for the applicant.
3 Condition 11 Exception Request
April 3, 2023
Santa Clara Valley Habitat Plan Condition 11 Exception Request Page 2 of 7

3. The extent to which meeting the required setback would require deviation from, exceptions to, or variances from other established policies, ordinances or standards regarding grading, access, water supply, wastewater treatment, disposal systems, geologic hazards, zoning, or other established code standards.

4. The stream setback exception does not preclude achieving the biological goals and objectives of the Habitat Plan or conflict with other applicable requirements of the Habitat Plan and local policies.

Exception Applicability and Evaluation
The proposed project would install emergency modular housing for 96 residences and related housing services (laundry facilities, meeting space), plus parking spaces for vehicles. The proposed encroachment varies from 1-foot up to 50-feet into the Guadalupe River Category 1 required stream setback of 100-feet.

The following Condition 11 criteria are cited as findings for the recommendation of the is Stream Setback Exception Request:

1. The existence of legal uses within the setback.

The 2.52-acre project site is owned by Valley Water and is adjacent to the Guadalupe River. The majority of the site is empty lot with an existing maintenance road between the site and the riparian buffer. The use and maintenance of the fire lane/maintenance road within the 100-foot setback are legal uses. Valley Water has water recharge facilities and a flood control project existing within the 100-foot setback as well.

The site is also adjacent to existing commercial development. A number of human disturbances (both legal and illegal) occurring on site are likely to continue for the foreseeable future. This project may address some of those concerns if implemented.

2. Th e extent to which meeting the required setback would result in a demonstrable h ardship (i.e., denies an owner any economically viable use for his land or adversely affects recognized real property interests) for the applicant.

Maintaining the 100-foot setback would reduce the developable land by a significant percentage and cut the number of residential units to below the minimum needed to make this site feasible. Finding locations for EIH sites in the City is a formidable challenge because of the cost of property which has pushed people out of their homes. This has created a need for the City to provide opportunities to its residents to transition into affordable housing and out of the cycle of homelessness.

3. The extent to which meeting the required setback would require deviation from, exceptions to, or variances from other established policies, ordinances or standards regarding grading, access, water supply, wastewater treatment, disposal systems geologic hazards, zoning, or other established code standards.

For a site to be a feasible EIH site, the site must be able to support 80-100 units. Meeting the required setback of 100-feet would not allow the minimum 80 units to be installed and would force the City to deviate from the standard established for EIH sites.

4. The stream setback ex ception does not preclude achieving the biological goals and objectives of the Habitat Plan or conflict with other applicable requirements of the Habitat Plan and local policies. 4 Condition 11 Exception Request
April 3, 2023
Santa Clara Valley Habitat Plan Condition 11 Exception Request Page 3 of 7 The EIH site is adjacent to Reach 12 of the Upper Guadalupe River Flood Control Project. The EIH site is also adjacent to a creek within the geographic scope of the Fisheries and Aquatic Habitat Collaborative Effort (FAHCE). These two large-scale efforts have species and natural communities impacts that they are mitigating for and should be consulted as to the limitations this project may put on their efforts.

It is true that no Plan sensitive land covers will be impacted by this project, however that does not mean that important habitat functions do not exist. We concur with the wildlife agency comments that there are potentially important habitat functions for the Western Pond Turtle and other wildlife on this site. This loss of upland (foraging/nesting/etc..) habitat adjacent to streams is why the stream setback was established.

The EIH installation and perimeter fencing should help remove some of the existing impacts occurring on the site, resulting from illegal encampments. The inclusion within the Water Resources Protection Zone, with increased patrolling, physical barriers, and perimeter activations should also improve and maintain the biological resources on site. Having dedicated funds for maintaining the biological functions of this site would help support the goals and objectives the Plan.

Approval of the stream setback exception would not preclude achievement of the biological goals and objectives of the Habitat Plan or conflict with other applicable requirements of the Habitat Plan and local policies.

Determination
Based on the justification provided by the City and Valley Water, in consultation with USFWS and CDFW, the Santa Clara Valley Habitat Agency recommends approval of a reduced stream setback of up to 50 feet from top of bank for this site.

All applicable fees must be paid for areas granted an exception. 5 Condition 11 Exception Request
April 3, 2023
Santa Clara Valley Habitat Plan Condition 11 Exception Request Page 4 of 7

Figure 1. Site Map

6 Condition 11 Exception Request
April 3, 2023
Santa Clara Valley Habitat Plan Condition 11 Exception Request Page 5 of 7

Attachment 1: Wildlife Agency Comments

Below are the comments from the state and federal wildlife agencies concerning the stream setback exception request for the Cherry Ave EIH project.

Blinn, Brenda@Wildlife <[email protected]>
I don’t have any additional comments from what Joseph outlines below. I don’t see how a conservation easement would be feasible on a portion of the property, but restoration and enhancement measures should be a component of the proposed project to mitigate for impacts.

Thanks,

Brenda

Here are my comments on the City of San Jose's Cherry Avenue Emergency Interim Housing (EIH) Project Riparian and Stream Setback Condition (Condition 11) exception request.

1. At one of the recent Guadalupe One Watershed public meetings that Valley Water hosted, several comments were made about concerns about stream setback exceptions and their impacts to steelhead and other riparian species and wildlife corridors. Guadalupe River is one of the important Central California Coast steelhead streams. Valley Water's Fish and Aquatic Habitat Collaborative (FAHCE) program is required to enhance habitat for Central California Coast steelhead along the Guadalupe River under the settlement agreement. CDFW, NMFS, USFWS, and several NGOs are Initialing Parties (IP) to the FAHCE program and work collaboratively with Valley Water to ensure the success of FAHCE in restoring and improving habitat for steelhead. Thus allowing the City of San Jose and Valley Water a stream setback exception along the Guadalupe River would seem to counter the collaborative efforts of the FAHCE program to enhance habitat for steelhead along the Guadalupe River. I defended the Santa Clara Valley Habitat Plan (SCVHP) at the recent Guadalupe One Watershed public meeting by saying that in only rare cases are stream setback exceptions allowed. Will the Cherry Avenue EIH project have a public review and comment period and public meetings so that NGOs, NMFS, SFRWQCB, and the public can comment on the proposed stream setback exception? At a minimum, Valley Water and the City of San Jose should bring this project to the FAHCE IP meeting for review and comment by the FAHCE IP members and should incorporate any recommendations from the FAHCE IP.

2. The issue of the many unhoused encampments along riparian corridors in San Jose was also raised as a concern for steelhead, other riparian species, wildlife corridors, and water quality at the recent Guadalupe One Watershed public meeting. The proposed Cherry Avenue EIH with its proposal to provide emergency interim housing for the unhoused on a site that currently has an unhoused encampment would help reduce the effects of unhoused encampments in the area and associated 7 Condition 11 Exception Request
April 3, 2023
Santa Clara Valley Habitat Plan Condition 11 Exception Request Page 6 of 7

trash and water quality issues along Guadalupe Creek which would be consistent with the goals of FAHCE, but if the project is allowed a stream setback exception it would reduce the benefits to steelhead, western pond turtle, riparian birds, other riparian species, water quality, and wildlife corridors along the Guadalupe River.

The Guadalupe River riparian corridor is the only wildlife corridor available to wildlife in the area; thus granting the stream setback exception would further encroach into the narrow wildlife corridor. At a minimum, if the stream setback exception is granted, there should be a requirement for dedicated funding for an ongoing trash cleanup program at the site and within the Water Resources Protection Zone shown in Figure 7. Fencing should be installed to prevent the public from entering the riparian corridor as was done for another City of San Jose residential development project that was granted a stream setback exception under the SCVHP---in that case a conservation easement was recorded on the undeveloped portions of the property next to the stream to preclude any future disturbance of the riparian area. The proposed Cherry Avenue EIH should similarly grant a conservation easement for any undeveloped portions of the property. The fencing that is installed to keep people out of the riparian corridor should have a gap at the bottom to allow western pond turtles and amphibians to pass through similar to what Valley Water did for the Singleton Road bridge project along Coyote Creek to allow western pond turtles access to adjacent grassland nesting and dispersal habitat at the City of San Jose's landfill.

3. p. 3, "The City and Valley Water would coordinate to evaluate a mixture of patrol, physical barriers, perimeter activations and other mechanisms to ensure ongoing preservation of the Water Resources Protection Zone. These options are in line with other efforts implemented by the City at other sensitive locations. The City expects to engage with Valley Water in the development and ongoing preservation of the Water Resources Protection Zone. The area currently has unauthorized tent camps which has adversely impacted the riparian area along the Guadalupe River. The proposed EIH project together with the Water Resources Protection Zone would reduce or eliminate the illegal dumping and debris along the riverbank, and the damage to sensitive resources." Comment: Valley Water and the City of San Jose should bring this project to the FAHCE IP meeting as soon as possible for review and comment by the FAHCE IP members and should incorporate any recommendations from the FAHCE IP for protection and preservation of the Water Resources Protection Zone. There should be ongoing funding for a trash cleanup program with the Water Resources Protection Zone shown in Figure 7.

4. "Encroachment into the 150-foot or 100-foot buffer would not create an impact because there are no sensitive species or habitat on the project site." Comment: Western pond turtles have been observed just upstream and downstream of the project site according to the CNDDB. The project site contains suitable grassland nesting and dispersal habitat for the western pond turtle which the stream setback exception would impact. Suitable sunny, grassland nesting habitat for the western pond turtle should be restored, maintained, and protected from disturbance within the Water Resources Protection 8 Condition 11 Exception Request
April 3, 2023
Santa Clara Valley Habitat Plan Condition 11 Exception Request Page 7 of 7

Zone to mitigate for the loss of nesting habitat within the stream setback. Suitable basking habitat for the western pond turtle should be installed along the Guadalupe River and in the ponds within the Water Resources Protection Zone.

5. The federal candidate monarch butterfly may breed, forage, and disperse in the project area and the Water Resources Protection Zone. Should plant, restore, and maintain suitable breeding and nectar habitat for the monarch butterfly at the Water Resources Protection Zone due to the loss of suitable breeding and nectar habitat for the monarch butterfly from the proposed project including within the stream setback exception area. Should plant early-emerging milkweed species and early-emerging nectar plants for the western monarch butterfly in addition to nectar plants that are available throughout the breeding and migratory period for the western monarch butterfly. Should implement the USFWS's conservation recommendations for the western monarch butterfly in the proposed project and the Water Resources Protection Zone including avoidance and minimization measures and planting appropriate milkweed and nectar plant species: https://xerces.org/publications/planning-management/western-monarch- butterfly-conservation-recommendations
Thanks,

Joseph

Joseph Terry (he/him)
Senior Fish and Wildlife Biologist
Coast Bay Division
U.S. Fish and Wildlife Service
Sacramento Fish and Wildlife Office
2800 Cottage Way, Suite W-2605
Sacramento, CA 95825

Work cell phone (916)943-6721
email address: [email protected]

9 MITIGATION MONITORING AND REPORTING PROGRAM

Emergency Interim Housing Programs Project
File No. ER22-198
September 2023

10 Page | 1 File No.: ER22-198

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 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.

11 Page | 2 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

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:
x 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.
12 Page | 3 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
than 20 total hours over the entire duration of
construction activities.
x 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. 13 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.
14 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:
x Preparation of an Archaeological Research
Treatment Plan (ARTP), which will include
guidelines if resources are discovered during site
construction.
x 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).
x 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.
x 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.

15 


Figure1ͲSiteLocaƟon
ProjectSite
16 


Figure2ͲFloodZone


ProjectSite
17 


Figure3ͲArchaeologicalSensiƟvityAreas


ProjectSite
18 EMERGENCYINTERIMHOUSINGPROGRAMSMITIGATEDNEGATIVEDECLARATION (PLANNINGFILENO.ER22Ͳ198)

STANDARDPERMITCONDITIONSFORALLEIHPROGRAMS

StandardPermitConditions:

ConstructionEmissions:
Thefollowingmeasuresshallbeimplementedduringallphasesofconstructiontocontrol dustandexhaustattheprojectsite:
o Wateractiveconstructionareasatleasttwicedailyorasoftenasneededtocontrol dustemissions.
o Covertruckshaulingsoil,sand,andotherloosematerialsand/orensurethatall truckshaulingsuchmaterialsmaintainatleasttwofeetoffreeboard. o RemovevisiblemudordirttrackͲoutontoadjacentpublicroadsusingwetͲpower vacuumstreetsweepersatleastonceperday.Theuseofdrypowersweepingis prohibited.
o Enclose,cover,watertwicedailyorapplynonͲtoxicsoilbinderstoexposed stockpiles(dirt,sand,etc.).
o Paveneworimprovedroadways,driveways,andsidewalksassoonaspossible. o Laybuildingpadsassoonaspossibleaftergradingunlessseedingorsoilbindersare used.
o Limitallvehiclespeedsonunpavedroadsto15mph. o Replantvegetationindisturbedareasasquicklyaspossible. o Installsandbagsorothererosioncontrolmeasurestopreventsiltrunofftopublic roadways.
o Minimizeidlingtimeseitherbyshuttingoffequipmentwhennotinuse,orreducing themaximumidlingtimeto5minutes(asrequiredbytheCaliforniaairbornetoxics controlmeasureTitle13,Section2485ofCaliforniaCodeofRegulations).Provide clearsignageforconstructionworkersatallaccesspoints. o Maintainandproperlytuneconstructionequipmentinaccordancewith manufacturer’sspecifications.Acertifiedmechanicshallcheckallequipmentprior tooperationtodeterminethatequipmentisinproperoperatingcondition. o Postapubliclyvisiblesignwiththetelephonenumberandpersontocontactatthe leadagencyregardingdustcomplaints.

followingStandardPermitConditionsrequiredforCEQAcompliance. 

19 StandardPermitConditions:

x NestingBirds:
o Constructionshallbescheduledtoavoidthenestingseason(February1toAugust 31).IfitisnotfeasibletoscheduleconstructionbetweenSeptember1andJanuary 31,preͲconstructionnestingbirdsurveysshallbecompletedpriortotreeremovalor constructionactivitiesinordertoavoidimpactstonestingbirds.Surveysshallbe completedbyaqualifiedbiologistnomorethan14daysbeforedemolitionor constructionactivitiesbegin.Duringthissurvey,thebiologistorornithologistshall inspectalltreesandothernestinghabitatsinandimmediatelyadjacenttothe constructionareasfornests.
o Ifanactivenestisfoundinanareathatwouldbedisturbedbyconstruction,the ornithologistshalldesignateanadequatebufferzonetobeestablishedaroundthe nest,inconsultationwiththeCaliforniaDepartmentofFishandWildlife(CDFW). Thebufferwouldensurethatnestsshallnotbedisturbedduringproject construction.ThenoͲdisturbancebuffershallremaininplaceuntilthebiologist determinesthenestisnolongeractiveorthenestingseasonends.Ifconstruction ceasesforsevendaysormoreandthenresumesagainduringthenestingseason,an additionalsurveywouldbenecessarytoavoidimpactsonactivebirdneststhatmay bepresent.
o Theapplicantshallsubmitareportindicatingtheresultsofthesurveyandany designatedbufferzonestotheDirectorofPlanning,BuildingandCodeEnforcement priortoconstruction.

StandardPermitCondition:

SantaClaraValleyHabitatPlan.TheprojectmaybesubjecttoapplicableHabitatPlan conditionsandfees(includingthenitrogendepositionfee)priortoissuanceofanygrading permits.TheprojectapplicantshallsubmittheSantaClaraValleyHabitatPlanCoverage ScreeningForm((https://www.scvͲ
habitatagency.org/DocumentCenter/View/151/CoverageͲScreeningͲForm?bidId=)tothe DirectorofPlanning,BuildingandCodeEnforcement(PBCE)ortheDirector'sdesigneefor approvalandpaymentofallapplicablefeespriortotheissuanceofagradingpermit.The HabitatPlanandsupportingmaterialscanbeviewedathttps://scvͲ habitatagency.org/178/SantaͲClaraͲValleyͲHabitatͲPlan. 
StandardPermitCondition:

SubsurfaceCulturalResources.Ifprehistoricorhistoricresourcesareencounteredduring excavationand/orgradingofthesite,allactivitywithina50Ͳfootradiusofthefindshallbe stopped,theDirectorofPlanning,BuildingandCodeEnforcement(PBCE)ortheDirector's 20 designeeandtheCity’sHistoricPreservationOfficershallbenotified,andaqualified archaeologistinconsultationwithaNativeAmericanTribalrepresentativeregisteredwith theNativeAmericanHeritageCommissionfortheCityofSanJoséandthatistraditionally andculturallyaffiliatedwiththegeographicareaasdescribedinPublicResourcesCode Section21080.3shallexaminethefind.ThearchaeologistinconsultationwiththeTribal representativeshall1)evaluatethefind(s)todetermineiftheymeetthedefinitionofa historicalorarchaeologicalresource;and(2)makeappropriaterecommendationsregarding thedispositionofsuchfindspriortoissuanceofbuildingpermits.Recommendationscould includecollection,recordation,andanalysisofanysignificantculturalmaterials.Areportof findingsdocumentinganydatarecoveryshallbesubmittedtotheDirectorofPBCEorthe Director'sdesignee,theCity’sHistoricPreservationOfficerandtheNorthwestInformation Center(ifapplicable).Projectpersonnelshallnotcollectormoveanyculturalmaterials. 
StandardPermitCondition:

HumanRemains.Ifanyhumanremainsarefoundduringanyfieldinvestigations,grading,or otherconstructionactivities,allprovisionsofCaliforniaHealthandSafetyCodeSections 7054and7050.5andPublicResourcesCodeSections5097.9through5097.99,asamended perAssemblyBill2641,shallbefollowed.Ifhumanremainsarediscoveredduring construction,thereshallbenofurtherexcavationordisturbanceofthesiteoranynearby areareasonablysuspectedtooverlieadjacentremains.Theprojectapplicantshall immediatelynotifytheDirectorofPlanning,BuildingandCodeEnforcement(PBCE)orthe Director'sdesigneeandthequalifiedarchaeologist,whoshallthennotifytheSantaClara CountyCoroner.TheCoronerwillmakeadeterminationastowhethertheremainsare NativeAmerican.IftheremainsarebelievedtobeNativeAmerican,theCoronerwill contacttheNativeAmericanHeritageCommission(NAHC)within24hours.TheNAHCwill thendesignateaMostLikelyDescendant(MLD).TheMLDwillinspecttheremainsandmake arecommendationonthetreatmentoftheremainsandassociatedartifacts.Ifoneofthe followingconditionsoccurs,thelandownerorhisauthorizedrepresentativeshallworkwith theCoronertoreintertheNativeAmericanhumanremainsandassociatedgravegoodswith appropriatedignityinalocationnotsubjecttofurthersubsurfacedisturbance: o TheNAHCisunabletoidentifyaMLDortheMLDfailedtomakearecommendation within48hoursafterbeinggivenaccesstothesite.
o TheMLDidentifiedfailstomakearecommendation;or o Thelandownerorhisauthorizedrepresentativerejectstherecommendationofthe MLD,andmediationbytheNAHCfailstoprovidemeasuresacceptabletothe landowner.


21 StandardPermitConditions:

x SoilErosion/LossofTopsoil:
o Allexcavationandgradingworkshallbescheduledindryweathermonthsor constructionsitesshallbeweatherized.
o Stockpilesandexcavatedsoilsshallbecoveredwithsecuredtarpsorplastic sheeting.
o Ditchesshallbeinstalled,ifnecessary,todivertrunoffaroundexcavationsand gradedareas.

StandardPermitCondition:

Ifvertebratefossilsarediscoveredduringconstruction,allworkonthesiteshallstop immediately,DirectorofPlanningorDirector’sdesigneeoftheDepartmentofPlanning, BuildingandCodeEnforcementshallbenotified,andaqualifiedprofessionalpaleontologist shallassessthenatureandimportanceofthefindandrecommendappropriate treatment.Treatmentmayinclude,butisnotlimitedto,preparationandrecoveryoffossil materialssothattheycanbehousedinanappropriatemuseumoruniversitycollectionand mayalsoincludepreparationofareportforpublicationdescribingthefinds.Theproject applicantshallberesponsibleforimplementingtherecommendationsofthequalified paleontologist.AreportofallfindingsshallbesubmittedtotheDirectorofPlanningor Director’sdesigneeoftheDepartmentofPlanning,BuildingandCodeEnforcement. 
StandardPermitConditions:

ConstructionͲrelatedwaterquality.
o Burlapbagsfilledwithdrainrockshallbeinstalledaroundstormdrainstoroute sedimentandotherdebrisawayfromthedrains.
o EarthmovingorotherdustͲproducingactivitiesshallbesuspendedduringperiodsof highwinds.
o Allexposedordisturbedsoilsurfacesshallbewateredatleasttwicedailytocontrol dustasnecessary.
o Stockpilesofsoilorothermaterialsthatcanbeblownbythewindshallbewatered orcovered.
o Alltruckshaulingsoil,sand,andotherloosematerialsshallbecoveredandalltrucks shallmaintainatleasttwofeetoffreeboard.
o Allpavedaccessroads,parkingareas,stagingareasandresidentialstreetsadjacent totheconstructionsitesshallbesweptdaily(withwatersweepers). o Vegetationindisturbedareasshallbereplantedasquicklyaspossible. 22 o Allunpavedentrancestothesiteshallbefilledwithrocktoremovemudfromtires priortoenteringCitystreets.Atirewashsystemshallbeinstalledifrequestedby theCity.
o TheprojectapplicantshallcomplywiththeCityofSanJoséGradingOrdinance, includingimplementingerosionanddustcontrolduringsitepreparationandwith theCityofSanJoséZoningOrdinancerequirementsforkeepingadjacentstreets freeofdirtandmudduringconstruction.

StandardPermitCondition:

PostͲconstructionimpacts.
o TheprojectshalldesignandconstructlowͲimpactdevelopment(LID)stormwater treatmentcontrolmeasurestotreatrunofffromimpervioussurfaces. 
23