NVF:AXY:KMF
12/12/2024
1 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE APPROVING STANDARD ENVIRONMENTAL
PLANNING PERMIT CONDITIONS FOR PROJECTS
APPROVED UNDER THE LOCAL MIN ISTERIAL
ORDINANCE AS DESCRIBED IN SECTION 20.195.100 .F
OF THE SAN JOSE MUNICIPAL CODE
FILE NO. PP24-011
WHEREAS, Section 20.195.100.F of Chapter 20.195 of Title 20 of the City of San José Zoning Code provides that permits using the Local Ministerial Ordinance (Part 3) are subject to standard environmental permit conditions adopted by the City Council of the City of San José (“City Council”) by resolution; and
WHEREAS, the purpose of the standard environmental permit conditions is to identify the conditions that projects will be subject to through the ministerial permit process under the Local Ministerial Ordinance as described in Section 20.195.100.F of the San José Municipal Code; and
WHEREAS, the City Council desire s to establish the Standard Environmental Permit Conditions list;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
PROJECTS APPROVED UNDER THE LOCAL MINISTERIAL ORDINANCE SECTION
20.195.100.F OF THE SAN JOSE MUNICIPAL CODE ARE SUBJECT TO THE FOLLOWING CONDITIONS:
1. Air Quality
a. Construction-related Air Quality. The following measures shall be implemented during all phases of construction to control dust and exhaust at the project site:
NVF:AXY:KMF
12/12/2024
2 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
i. Water all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) two times per day. ii. Cover all haul trucks transporting soil, sand, or other loose material off-site. iii. Remove all visible mud or dirt trackout onto adjacent public roads at least once per day using wet power vacuum street sweepers. The use of dry power sweeping is prohibited.
iv. Limit all vehicle speeds on unpaved roads to 15 mph. v. Pave all new roadways, driveways, and sidewalks as soon as possible. vi. Lay building pads as soon as possible after grading unless seeding or soil binders are used.
vii. Suspend all excavation, grading, and/or demolition activities when average wind speeds exceed 20 mph.
viii. Wash off all trucks and equipment, including their tires, prior to leaving the site. ix. Treat unpaved roads providing access to sites located 100 feet or further from a paved road with a 6 - to 12-inch layer of compacted wood chips, mulch, or gravel.
x. Minimize idling time eithe r by shutting equipment off when not in use or reducing the time of idling to no more than 2 minutes (A 5 -minute limit is required by State Airborne Toxics Control Measures [Title 13, Sections 2449(d)(3) and 2485 of the California Code of Regulations]). Pr ovide clear signage that posts this requirement for workers at all access points to the site. xi. Maintain and properly tune all construction equipment in accordance with the manufacturer’s specifications. Check all equipment by a certified mechanic and record a determination of running in proper condition prior to operation. xii. Post a publicly visible sign with the name and phone number of an on -site construction coordinator to contact regarding dust complaints. The on -site construction coordinator shall respond and take corrective action within 48 hours. The sign shall also provide the City’s Code Enforcement Complaints email and number and the Bay Area Air Quality Management District’s General Air Pollution Complaints number to ensure compliance with applicable regulations.
b. Proposed infill residential housing developments within 1,000 feet of existing sensitive receptors as defined by the Bay Area Air Quality Management District (BAAQMD), including but not limited to residences, schools, daycare centers, and hospitals, shall have a qualified air quality consultant prepare a site -specific construction and operational health risk assessment (HRA). When a proposed housing development is within 200 feet of worker receptors, the HRA shall also consider the pote ntial for health risk impacts to worker receptors, and include NVF:AXY:KMF
12/12/2024
3 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
modeling, as appropriate. If the HRA demonstrates that the health risk exposures for sensitive receptors or worker receptors will be less than the BAAQMD project- level thresholds, no additional mitigation is necessary. c. If the HRA demonstrates that the health risk exposures for sensitive and/or worker receptors will be above BAAQMD project -level thresholds, projects shall implement the following measures during all phases of construction:
i. Use Tier 4 engines for all off-road equipment greater than 50 horsepower and operating for more than 20 total hours over the entire duration of construction activities.
ii. Implement fugitive dust best management practices (as outlined in the Standard Permit Conditions above) and, if necessary, enhanced dust control measures recommended by BAAQMD. The need for enhanced measures shall be determined by the findings in the HRA.
iii. Use portable electrical equipment, where commercially available and practicable, to complete construction. Construction contractors shall use electrical grid power instead of diesel generators where:
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.
d. The HRA shall also evaluate the health risk exposure of future project residents. If the HRA demonstrates that the health risk exposure for residents of the project will be above BAAQMD project -level thresholds, applicants shall implement the following measures during project operation:
i. As part of the HRA, the air quality consultant will i dentify all existing sources of toxic air contaminants (TACs) within 1,000 feet of the project site. ii. If any future project site is determined to be located within 1,000 feet of existing TAC sources as defined by the BAAQMD (i.e., highways, local roadways, rail lines, stationary sources), the site-specific HRA will quantify the health risk for future project site occupants. If the HRA demonstrates that the health risk exposures for on-site sensitive receptors will be less than BAAQMD project - level thresholds, then no additional action would be required. iii. However, if the HRA demonstrates that health risks would exceed BAAQMD project level thresholds, on -site design features shall be identified and incorporated into the project to reduce risks below the BAAQMD thresholds. iv. If the HRA demonstrates that health risks to future project occupants would exceed BAAQMD project level thresholds, filtration in ventilation systems NVF:AXY:KMF
12/12/2024
4 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
would be required to reduce the level of TAC pollutants to below the significant thresholds. Th e project could include, among other options, the following measures to minimize long -term increased cancer risk exposure for future project occupants:
1) Install air filtration and fresh air ventilation system intakes for all residential units. Air filtratio n devices shall be rated MERV13 or higher. To ensure adequate health protection to sensitive receptors, this ventilation system, whether mechanical or passive, shall filter all fresh air that would be circulated into the dwelling units.
2) The ventilation sys tem shall be designed to keep the building at positive pressure when doors and windows are closed to reduce the intrusion of unfiltered outside air into the building.
3) As part of implementing this measure, an ongoing maintenance plan for the buildings’ heat ing, ventilation, and air conditioning (HVAC) air filtration system shall be required that includes regular filter replacement. 4) The use agreement and other property documents shall: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, and (2) include assurance that new owners or tenants are provided information on the ventilation system.
2. Biological Resources.
a. Santa Clara Valley Habitat Plan. The project may be subject to applicable SCVHP conditions and fees (including the nitrogen deposition fee) prior to issuance of any grading permits. The project applicant shall submit the Santa Clara Valley Habitat Plan Coverage Screening Form ((https://www.scv-
habitatagency.org/DocumentCenter/View/151/Coverage-Screening-Form?bidId=) to the Director of Planning, Building and Code Enforcement (PBCE) or the Director's designee for approval and payment of all applicable fees prior to the issuance of a grading permit. The Habitat Plan and supporting materials can be viewed at https://scv- habitatagency.org/178/Santa-Clara-Valley-Habitat-Plan.
b. Tree Replacement. Trees removed for the project shall be replaced at ratios required by the City, as stated in Table ___ below, as amended:
NVF:AXY:KMF
12/12/2024
5 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Table _____: Tree Replacement Ratios
Circumference of
Tree to be Removed
Replacement Ratios Based on
Type of Tree to be Removed Minimum Size of
Each Replacement Tree**
Native Non-Native Orchard
38 inches or more 5:1* 4:1 3:1 15-gallon
19 up to 38 inches 3:1 2:1 none 15-gallon
Less than 19 inches 1:1 1:1 none 15-gallon
*x:x = tree replacement to tree loss ratio
Note: Trees greater than or equal to 38-inch circumference measured at 54 inches above natural grade shall not be removed unless a Tree Removal Permit, or equivalent, has been approved for the removal of such trees. For Multi-Family residential, Commercial and Industrial properties, a permit is required for removal of trees of any size.
A 38-inch tree equals 12.1 inches in diameter.
** A 24-inch box replacement tree = two 15-gallon replacement trees Single Family and Two-dwelling properties may replace trees at a ratio of 1:1. c. [##] trees onsite would be removed. ## trees would be replaced at a #:1 ratio, ## trees would be replaced at a #:1 ratio, ## trees would be replaced at a #:1 ratio, and the remaining ## trees would be replaced at a #:1 ratio. The total number and size of replacement trees required to be planted on -site is ##. The permittee has paid Off - Site Tree Replacement Fees to the City for ## replacement trees that could not be planted on-site because of insufficient area.
d. Prior to the issuanc e of building permit(s), the permittee shall pay Off -Site Tree Replacement Fee(s) to the City for ## off -site replacement trees in accordance with the City Council approved Fee Resolution in effect at the time of payment. e. If there is insufficient area on the project site to accommodate the required replacement trees, one or more of the following measures shall be implemented, to the satisfaction of the Director of Planning, Building and Code Enforcement or Director’s designee. Changes to an approved landscape plan requires the issuance of a Permit Adjustment or Permit Amendment.
i. The size of a 15 -gallon replacement tree may be increased to 24 -inch box and count as two replacement trees to be planted on the project site.
NVF:AXY:KMF
12/12/2024
6 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ii. Pay Off -Site Tree Replacement Fee(s) to the City, prior to the issuance of building permit(s), in accordance with the City Council approved Fee Resolution in effect at the time of payment. The City will use the off -site tree replacement fee(s) to plant trees at alternative sites.
f. Tree removal and construction shall be scheduled to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st, inclusive. g. If tree removals and construction cannot be scheduled outside of nesting season, a qualified ornithologist shall complete pre-construction surveys to identify active raptor nests that may be disturbed during project implementation. This survey shall be completed no more than 1 4 days prior to the initiation of tree removal, demolition, grading, or other construction activities during the breeding season (February 1st through August 31st, inclusive), unless a shorter pre -construction survey is determined to be appropriate based o n the presence of a species with a shorter nesting period, such as Yellow Warblers. During this survey, the ornithologist will inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas for nests. If an acti ve nest is found in an area that will be disturbed by construction, the ornithologist will designate a construction -free buffer zone (typically 250 feet) to be established around the nest. The buffer would ensure that raptor or migratory bird nests will not be disturbed during project construction. h. The applicant shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of Planning, prior to the removal of any tree(s) and issuance of any grading or building permit.
3. Cultural Resources.
a. Subsurface Cultural Resources. If prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50 - foot radius of the find shall be stopped, the Director of Planning, Building and Code Enforcement or the Director's designee and the City’s Historic Preservation Officer shall be notified, and a qualified archaeologist in consultation with a Native American Tribal representative registered with the Na tive American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3 shall examine the find. The archaeologist in consultation w ith the Tribal representative shall 1) evaluate the find(s) to determine if they meet the definition of a historical or archaeological resource; and (2) make appropriate recommendations regarding the disposition of such finds prior to issuance of building permits. Recommendations could include collection, recordation, and analysis of any significant cultural materials. A report of findings documenting any data recovery shall be submitted to the Director of Planning, Building and Code Enforcement or the Director's designee, the City’s Historic Preservation Officer and NVF:AXY:KMF
12/12/2024
7 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
the Northwest Information Center (if applicable). Project personnel shall not collect or move any cultural materials.
b. Human Remains. If any human remains are found during any field investigations, grading, or other construction activities, all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, shall be followed. If human remains a re discovered during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The Permittee shall immediately notify the Director of Planning, Building and Code Enfor cement or the Director's designee and the qualified archaeologist, who shall then notify the Santa Clara County Coroner. The Coroner will make a determination as to whether the remains are Native American.
If the remains are believed to be Native American, the Coroner will contact the NAHC within 24 hours. The NAHC will then designate a Most Likely Descendant (MLD). The MLD will inspect the remains and make a recommendation on the treatment of the remains and associated artifacts. If one of the following conditions occurs, the landowner or their authorized representative shall work with the Coroner to reinter the Native American human remains and associated grave goods with appropriate dignity in a location not subject to further subsurface disturbance:
i. The NAHC is unable to identify a MLD or the MLD failed to make a recommendation within 48 hours after being given access to the site. ii. The MLD identified fails to make a recommendation; or iii. The landowner or his authorized representative rejects the recommenda tion of the MLD, and mediation by the NAHC fails to provide measures acceptable to the landowner.
c. Cultural Resources Awareness Training. Prior to issuance of any demolition or grading permits, whichever occurs first, the applicant shall be required to sub mit evidence that Cultural Awareness Training has been provided to construction personnel prior to ground disturbance. The training shall be facilitated by a qualified project archaeologist in collaboration with a Native American representative registered with the Native American Heritage Commission (NAHC) for the City of San José and that is traditionally and culturally affiliated with the geographic area as described in Public Resources Code (PRC) Section 21080.3.
Documentation verifying that Cultural Awa reness Training has been conducted shall be submitted to the Director of Planning, Building and Code Enforcement or the Director’s designee.
d. Archaeological and Native American Monitoring . For any sites located within 1,000 feet of a Category 1 stream as d efined in the Santa Clara Valley Habitat Plan, a qualified Native American Monitor, registered with the NAHC for the City NVF:AXY:KMF
12/12/2024
8 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
of San José and that is traditionally and culturally affiliated with the geographic area as described in PRC Section 21080.3 (refer to bullet one) shall be engaged to be present during all ground disturbing activities. An archaeological monitor shall also be engaged to be present during all ground disturbing activities to ensure that no subsurface archaeological resources are impacted.
e. Notification of Finds. If tribal cultural resources (TCRs) are encountered during ground disturbance of the site, the archaeologist monitoring the construction on behalf of the applicant shall provide a report to the Director of Planning, Building and Code Enforcement or the Director’s designee documenting the find and recommending the measures required to protect the find, and the City shall notify the Tribes who have requested consultation on this project of the discovery.
4. Greenhouse Gas Emissions/Energy.
a. Proof of Enrollment in SJCE. Prior to issuance of any Certificate of Occupancy for the project, the occupant shall provide to the Director of the Department of Planning, Building, and Code Enforcement, or Director’s designee, proof of enrollment in either the San José Community Energy (SJCE) GreenSource program (approximately 95 percent carbon free power) or TotalGreen program (approximately 100 percent carbon free power) assumed in the approved environmental clearance for the project in accordance with the California Environmental Quality Act (CEQA). If it is determined the project’s environmental clearance requires enrollment in the TotalGreen program, neither the occupant, nor any future occupant, may opt out of the TotalGreen program.
5. Geology and Soils.
a. Seismic Hazards.
i. A Geotechnical Report shall be submitted, reviewed, and approved by the City Geologist. The Geotechnical Report shall determine the site -specific soil conditions and identify the appropriate design and construction techniques to minimize risks to people and structures, including but not limited to: foundation, earthwork, utility trenching, retaining and drainage recommendations. The investigation should be consistent with State of California guidelines for the preparation of seismic hazard evaluation report s (CGS Special Publication 117A, 2008, and the Southern California Earthquake Center report, SCEC, 1999). A recommended minimum depth of 50 feet should be explored and evaluated in the investigation. The City Geologist will review the Geotechnical Report and issue a Geologic Clearance. .
ii. All excavation and grading work shall be scheduled in dry weather months or construction sites shall be weatherized.
iii. Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting.
NVF:AXY:KMF
12/12/2024
9 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
iv. Ditches shall be installed to divert runoff around excavations and graded areas if necessary.
v. The project shall be constructed in accordance with the standard engineering practices in the California Building Code, as adopted by the City of San José. A grading permit from the San José Department of Public Works shall be obtained prior to the issuance of a Public Works clearance. These standard practices would ensure that the future building on the site is designed to properly account for soils-related hazards on the site.
vi. If dewatering is needed, the design -level geotechnical investigations to be prepared for individual future development projects shall evaluate the underlying sediments and determine the potential for settlements to occur. If it is determined that unacceptable settlements may occur, then alternative groundwater control systems shall be required.
6. Hazards and Hazardous Materials
a. Asbestos and Lead-Based Paint
i. In conformance with State and local laws, a visual inspection/pre -demolition survey, and possible sampling, shall be conducted prior to the demolition of on-site building(s) to determine the presence of asbestos -containing materials (ACMs) and/or lead -based paint (LBP).
ii. During demolition activities, all building materials containing LBP shall be removed in accordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing LBP or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed .
iii. All potentially friable ACMs shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines prior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure . iv. A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above .
v. Materials containing more than one-percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations. Removal of materials containing more than one -percent asbestos shall be completed in accordance with BAAQMD requirements and notifications .
NVF:AXY:KMF
12/12/2024
10 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
b. Prior to development or redevelopment of any qualifying infill development site under the General Plan, a Phase I Environmental Site Assessment (ESA) shall be prepared by a qualified professional in conformance with latest standards adopted by the American Society for Testing and Materials (ASTM). If a Phase I ESA determines that a release of hazardous materials could have affected the site, additional soil and/or groundwater investigations would be completed to assess the presence and extent of contamination at the site, a Phase II ESA shall be prepared by a qualified professional in conformance with latest standards adopted by the ASTM.
c. If the Phase II results indicate soil, soil vapor and/or groundwater contamination above Environmental Screening Levels (ESLs), the applicant shall enter into a regulatory oversight agreement with the Santa Clara County Department of Environment Health (SCCDEH), RWQCB, or Department of Toxic Substances Control (DTSC). The applicant shall meet with the regulatory oversight agency and perform additional soil, soil gas and/or groundwater sampling and testing, as required, to adequately define the known and suspected contamination. A Site Management Plan (SMP), Corrective Action Plan (CAP), Remedial Action Plan (RAP), or other equivalent plan shall be prepared and submitted to the regulatory oversight agency for their approval. The plan shall include a Health & Safety Plan (HASP) and shall establish remedial measures and/or soil management practices to ensure construction worker safety and the health of future workers and visitors.
The plan and evidence of regulatory oversight approval shall be provided to the Director of the City of San José Planning, Building, and Code Enforcement Department, and the Environmental Compliance Officer in the City of San José’s Environmental Services Department for review.
7. Hydrology and Water Quality.
a. Construction-related water quality.
i. Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains.
ii. Earthmoving or other dust -producing activities shall be suspended during periods of high winds.
iii. All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary.
iv. Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered.
v. All trucks hauling soil, sand, and other loose materials shall be covered and all trucks shall maintain at least two feet of freeboard.
vi. All paved access roads, parking areas, staging areas and residen tial streets adjacent to the construction sites shall be swept daily (with water sweepers).
NVF:AXY:KMF
12/12/2024
11 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
vii. Vegetation in disturbed areas shall be replanted as quickly as possible. viii. All unpaved entrances to the site shall be filled with rock to remove mud from tires prior to entering City streets. A tire wash system shall be installed if requested by the City.
ix. The Permittee shall comply with the City of San José Grading Ordinance, including implementing erosion and dust control during site preparation and with the City of San José Zoning Ordinance requirements for keeping adjacent streets free of dirt and mud during construction.
b. Future infill residential development proposed under the Ministerial Ordinance that would replace more than 5,000 square feet of impervious surface area shall be required to comply with the City of San José’s Post-Construction Urban Runoff Policy 6-29 and the San Francisco Bay Region Municipal Reg ional Stormwater National Pollutant Discharge Elimination System Permit (MRP). The MRP requires all post- construction stormwater runoff to be treated by numerically sized Low Impact Development (LID) treatment controls, such as biotreatment facilities, unl ess the project is granted Special Project LID Reduction Credits, which would allow the project to implement non-LID measures for all or a portion of the site depending on the project characteristics. Prior to issuing any LID Reduction Credits, the City shall first establish a narrative discussion submitted by the project applicant that describes how and why the implementation of 100 percent LID stormwater treatment measures are not feasible, in accordance with the MRP. If it is not feasible for the project to implement 100 percent LID measures, the project applicant shall submit an explanation to the City for confirmation.
8. Noise.
a. Construction-related Noise. Noise minimization measures include, but are not limited to, the following:
i. Pile Driving is prohibited.
ii. Limit construction to the hours of 7:00 AM to 7:00 PM Monday through Friday for any onsite or off-site work within 500 feet of any residential unit. Construct solid plywood fences around ground level construction sites adjacent to operational businesses, residences, or other noise-sensitive land uses. iii. Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment. • Prohibit unnecessary idling of internal combustion engines.
iv. Locate stationary noise -generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses.
NVF:AXY:KMF
12/12/2024
12 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
v. Utilize “quiet” air compressors and other stationary noise sources where technology exists.
vi. Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project site. vii. Notify all adjacent business, residences, and other noise-sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to the adjacent land uses and nearby residences. viii. If complaints are received or excessive noise levels cannot be reduced using the measures above, erect a temporary noise control blanket b arrier along surrounding building facades that face the construction sites. ix. Designate a “disturbance coordinator” who shall be responsible for responding to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem.
Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.
b. As a part of the noise logistics plan, project construction activities for the proposed project shall include, but are not limited to, the following Best Management Practices (BMPs) to achieve an exterior threshold of 80 A-weighted average noise levels (dBA Leq) at adjacent residential land uses and 90 dBA Leq at adjacent commercial land uses as feasible:
c. Utilize the best available noise suppression devices and techniques during construction activities (per General Plan Policy EC-1.7). d. Material stockpiles, as well as maintenance/equipment staging and parking areas, shall be located as far as feasible from residential receptors. e. The project applicant shall prepare a detailed construction schedule for major noise generating construction activities. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
f. In order to minimize negative eff ects of construction noise on the surrounding neighborhoods near the project site, the following measures will be utilized to identify, mitigate, respond to and track any complaints that may arise pertaining to construction noise:
i. Property owners and occupants located within 500 feet of construction activities shall be notified at least 14 calendar days prior to commencement of construction by posting signs around the perimeter of the project site and/or flyers mailed to nearby receptors.
NVF:AXY:KMF
12/12/2024
13 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ii. Large on-site sign near the public right-of-way containing permitted construction days/hours, complaint procedures, and phone numbers for the project’s complaint manager and City Code Enforcement unit shall be posted. iii. A complaint log that records received complaints and how complaints were addressed shall be maintained and submitted to the City for review upon the City’s request. All complaints shall be responded to within 24 hours. g. If reliable noise complaints are received during demolition, excavation, and/or construction activities, noise levels shall be monitored at the location from which the noise complaints originated by a qualified acoustical professional. Integrated average (Leq) noise level measurements on an hourly basis should be made of activities representative of those that generated the complaint. If the measured noise levels during this test are found to exceed 80 dBA Leq at residential property lines or 90 dBA Leq at commercial property lines, the acoustical professional should specify additional noise attenuation measures to reduce noise the construction levels to the noise limits established by the Federal Transit Administration (FTA). These measures may include operational considerations, the use of additional ground level noise barriers or noise control blanketing of the building structure. h. Prior to the issuance of a demolition, grading, or building permit, which occurs earliest, the applicant shall implement a Construction Vibration Monitoring Plan (Plan) to document conditions prior to, during, and after vibration generating construction activities. All Plan tasks shall be undertaken under the direction of a licensed Professional Structural Engineer in the State of California and be in accordance with industry-accepted standard methods. The Plan shall be submitted to the Director of Planning, Building and Code Enforcement or the Director’s designee and the City of San José’s Historic Preservation Officer, or equivalent for review and approval prior to issuance of a demolition, grading, or building permit, whichever occurs earlier. Since exposure to excessive vibration levels could potentially damage historic buildings and buildings of conventional construction, the Plan shall include, but not be limited to, the following measures to ensure that the project-generated vibration levels would not exceed the General Plan thresholds of
0.08 inches/second (in/sec) Peak Particle Velocity (PPV) for historic buildings and
0.2 in/sec PPV for buildings of normal conventional construction:
i. A description of measurement methods, equipment used, calibration certificates, and graphics as required to clearly identify vibration-monitoring locations. ii. A list of all heavy construction equipment that are known to produce high vibration levels (e.g., jackhammers, hoe r ams, clam shovel drop, large bulldozers, caisson drillings, loaded trucks, and vibratory roller, etc.) shall be submitted to the Director of Planning, Building and Code Enforcement or the Director’s designee for review and approval prior to issuance of dem olition or grading permits. This Plan shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort NVF:AXY:KMF
12/12/2024
14 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
required for continuous vibration monitoring. Demolition, earth -moving, and ground impacting operations shall be phased so that it does not occur during the same time period.
iii. Where possible, the use of heavy vibration-generating construction equipment shall be prohibited within 20 feet of any adjacent building. iv. Document conditions at all structures located within 125 feet of construction and at historic structures located within 300 feet of construction prior to, during, and after vibration generating construction activities. All Plan tasks shall be undertaken under the direction of a licensed Professional Structural Engineer in the State of California and be in accordance with industry -accepted standard methods. Specifically:
1) Vibration limits shall be applied to vibration-sensitive structures located within 75 feet of other construction activities identified as sources of high vibration levels.
i. Performance of a photo survey, elevation survey, and crack monitoring survey for each structure of normal construction within 125 feet of any high impact construction activities and/or within 30 feet of other construction activities identified as sources of high vibration levels and each historic structure within 75 feet of other construction activities. Surveys shall be performed prior to any construction activity, in regular intervals during construction, and after project completion, and shall include internal and external crack monitoring in structures, settlement, and distress, and shall document the condition of foundations, walls and other structural elements in the interior and exterior of said structures.
j. Development of a Vibration Monitoring and Construction Contingency Plan to identify structures where monitoring would be conducted, set up a vibration monitoring schedule, define a structure -specific vibration limits, and address the need to conduct photo, elevation, and crack surveys to document before and after construction conditions. Construction contingencies shall be identified for when vibration levels approached the limits.
k. At a minimum, vibration monitoring shall be conducted duri ng demolition and excavation activities.
l. If vibration levels approach limits, suspend construction and implement contingency measures to either lower vibration levels or secure the affected structures. m. Designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearl y posted on the construction site.
n. Conduct a post -construction survey on structures where either monitoring has indicated high vibration levels or complaints of damage have been made. Make NVF:AXY:KMF
12/12/2024
15 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
appropriate repairs or compensation where damage has occurred as a result of construction activities.
o. Regular monitoring reports during construction shall be submitted to the Director of Planning, Building and Code Enforcement or the Director’s designee and the Historic Preservation Officer as outlined in the monitoring schedule. p. The project applicant shall prepare preconstruction documentation of the nearby historic resources as part of project start -up. Prior to issuance of a demolition, grading, or building permit, whichever occurs earliest, a qualified historic architect shall undertake an existing visual conditions study of the nearby historic resources within 300 feet of the project site. The purpose of the study would be to establish the baseline conditions of the neighboring historic buildings prior to construction, including the location and extent of any visible cracks or spalls. The documentation shall take the form of detailed written descriptions and visual illustrations and/or photos, including those physical characteristics of the resources that convey their historic significance. The documentation shall be reviewed and approved by the City of San José’s Historic Preservation Officer, or equivalent prior to issuance of a demolition, grading, or building permit, whichever occurs earliest. q. Once the baseline conditions of the neighboring historical resources within 300 feet of the project site are determined, the project applicant shall prepare and implement a Historical Resources Protection Plan (HRRP) that provides measures and procedures to protect nearby historic resources from direct or indirect impacts during construction activities (i.e., due to damage from operation of construction equipment, staging, and material storage).
r. The HRRP shall be prepared by a qualified Historic Architect and reviewed and approved by the Historic Preservation Officer of the City of San José Department of Planning, Building and Code Enforcement prior to Public Works clearance, including any ground-disturbing work. The project applicant shall ensure the contractor follows the HRRP while working near these historic resources. At a minimum, the plan shall include:
i. Guidelines for operation of construction equipment adjacent to historical resources;
ii. Means and methods to reduce vibrations from excavation and construction; iii. Requirements for monitoring and documenting compliance with the plan; and iv. Education/training of construction workers about the significance of the historical resources around which they would be working.
s. The Historic Architect shall establish a “Monitoring Team” comprised of at least one qualified Historic Architect and one structural engineer for the duration of the site monitoring process. During the demolition and construction phases, the Monitoring Team shall make periodic site visits to monitor the condition of the property, including NVF:AXY:KMF
12/12/2024
16 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
monitoring of any instruments such as crack gauges, if necessary, or reviewing vibration monitoring required by other construction monitoring processes required under the City’s permit processes. Site visit reports and documents shall be provided to the City’s Historic Preservation Officer on a quarterly basis. The Director of Planning, Building and Code Enforcement or the Director’s designee and the Historic Preservation Officer of the City of San José Department of Planning, Building and Code Enforcement may request any additional number of site visits at their discretion. t. If, in the opinion of the Monitoring Team, substantial adverse impacts related to construction activities are found during construction, a representative of the Monitoring Team shall inform the project applicant (or the applicant’s designated representative responsible for construction activities), the Director of Planning, Building and Code Enforcement or the Director’s designee and the Historic Preservation Officer of the potential impacts. The project applicant shall implement the Monitoring Team’s recommendations for corrective measures, including halting construction in situations where construction activities would imminently endanger historic resources. In the even t of damage to a nearby historic resource during construction, the project applicant shall ensure that repair work is performed in compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and shall restore the character-defining features in a manner that does not affect the structure’s historic status. The Monitoring Team shall prepare a report documenting all site visits. The reporting period shall be a minimum of once every three months. The Monitoring Team, or it s representative, shall prepare a report documenting all site visits. The reporting period shall be a minimum of once every three months. The Monitoring Team or its representative, shall submit the site visit reports to the Director of Planning, Building and Code Enforcement or the Director’s designee and the Historic Preservation Officer no later than one week after each reporting period. The Monitoring Report shall also include, but is not limited to, the following:
i. Summary of the demolition and construction progress; ii. Identification of substantial adverse impacts related to construction activities; iii. Problems and potential impacts to the historical resources and adjacent buildings during construction activities;
iv. Recommendations to avoid any potential impacts;
v. Actions taken by the project applicant in response to the problem; vi. Progress and the level of success in meeting the applicable Secretary of the Interior’s Standards for the Treatment of Historic Properties for the project as noted above for the character-defining features, and in preserving the character- defining features of nearby historic properties; and
vii. Inclusion of photographs to explain and illustrate progress.
NVF:AXY:KMF
12/12/2024
17 T-3014.037 \ 2168504_2
Council Agenda: 12-17-2024
Item No.: 10.3(c)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
EFFECTIVE DATE
The effective date of this Resolution shall be concurrent with the effective date of the Ordinance amending Chapter 20.195 of Title 20 of the San José Municipal Code adding the requirement for Local Ministerial Permits to be subject to standard environmental permit conditions, which the City Council ap proved for publication at the same time that it adopted this resolution.
APPROVED and issued this _____ day of ______, 2024, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
__________________________________
MATT MAHAN
Mayor
ATTEST:
_____________________________________
TONI J. TABER, MMC
City Clerk
NOTICE TO PARTIES
The time within which judicial review must be sought to review this decision is governed by the provisions of the California Code of Civil Procedure Section 1094.6.