Resolution — San Jose City Council, April 15, 2025

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Council Agenda: 04-15-2025
Item No.: 7.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

RESOLUTION NO. _______

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE ADOPTING TH E COLUMBUS PARK

REDEVELOPMENT PROJECT MITIGATED NEGATIVE

DECLARATION, FOR WHICH AN INITIAL STUDY WAS

PREPARED, ALL IN ACCORDANCE WITH THE

CALIFORNIA ENVIRONMENTA L QUALITY ACT, AS

AMENDED, AND ADOPTING A RELATED MITIGATION

MONITORING AND REPORTING PROGRAM

WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San Jo sé prepared an Initial Study and approved for circulation a Mitigated Negative Declaratio n for the Columbus Park Redevelopment Project under Planning File No. ER20-025 (the “Initial Study/Mitigated Negative Declaration”), all in accor dance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”); and

WHEREAS, the Columbus Park Redevelopment Project (the “Project”) analyzed under the Initial Study/Mitigated Negat ive Declaration consists of a Public Project to demolish all existing park facilities and recreational equi pment on-site at the existing Columbus Park and construct new lighted multi-sport play ing fields and courts, restrooms, a picnic area, and a maintenance buildin g on a 10-gross-acre site bounded by Asbury Street to the north, West Taylor Street to the south, Irene Street to the east, and Walnut Street to the west (Assessor’s Parcel Numbers 259-07-115 and 259-08-103), San José, California; and

WHEREAS, the Initial Study/Mitigated Negat ive Declaration concluded that implementation of the Project could result in certain significant effects on the environment NVF:DHZ:JMD
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Item No.: 7.1(a)
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and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and

WHEREAS, in connection with the approval of a pr oject involving the preparation of an initial study/mitigated negative declaration t hat identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level; and

WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation moni toring and reporting program to ensure compliance with the mitigation measures dur ing project implementation, and such a mitigation monitoring and r eporting program has been prepar ed for the Project for consideration by the decision-maker of the City of San José as lead agency for the Project (the “Mitigation Monitoring and Reporting Program”); and

WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and

WHEREAS, the City Council has reviewed and cons idered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and

WHEREAS, the Initial Study/Miti gated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, Califor nia, 95113, are available for inspection by any interested NVF:DHZ:JMD
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Item No.: 7.1(a)
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person at that location and electronically on the City of San José’s Department of Planning, Building and Code Enforcement w ebsite, and are, by this reference, incorporated into this Resolution as if fully set forth herein;

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

THAT THE CITY COUNCIL does hereby make the follo wing findings: (1) it has independently reviewed and analyzed the Init ial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Projec t, (2) the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/ Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement, at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José , California, 95113, as the custodian of documents and records of proceedings on which this decision is based.

THAT THE CITY COUNCIL does hereby find that bas ed upon the entire record of proceedings before it and all information receiv ed that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and rela ted Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. ER20-025). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and electronically on the City of San Jo sé’s Department of NVF:DHZ:JMD
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Item No.: 7.1(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Planning, Building and Code Enforcement website, and (2) available for inspection by any interested person.

ADOPTED this ____ day of _________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Matt Mahan
Ma
yor
ATTEST:

TONI J. TABER, CMC
Cit
y Clerk

MITIGATION MONITORING AND REPORTING PROGRAM
Columbus Park Redevelopment Project
File No. ER20-025
February 2025
EXHIBIT "A"
(File No. ER20-025)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 1 File Nos.: H20-049/ER20-270

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. In instances in which the mitigation, monitoring, compliance, or other responsibility is assigned to the Director of the Planning, Building, and Code Enforcement or the Director’s designee, the designee is understood to be other staff member(s) of the Planning, Building and Code Enforcement Department.

The Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the Columbus Park Redevelopment project concluded that implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

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 Initial Study/Mitigated Native Declaration for the proposed project. The City understands that these mitigation measures, or substantially similar measures, will be adopted as conditions of approval to avoid or significantly reduce potential environmental impacts to less than significant levels.

This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented.

EXHIBIT "A"
(File No. ER20-025)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 2 File Nos.: H20-049/ER20-270
Colum
bus Park Redevelopment Project
File No. ER20-025

BIOLOGICAL RESOURCES
Impact BIO-1: Development of the proposed project would result in impacts to nesting birds, if present on the site at the time of construction.

MM BIO-1.1: Prior to any tree removal, or any grading
or demolition activities (whichever occurs first), the
project applicant shall schedule demolition and
construction activities to avoid the nesting season. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st
through August 31st (inclusive). Construction activities include any site disturbance such as, but not limited to, tree trimming or removal, demolition, grading, and
trenchin
g.

Avoid construction
activities during nesting
seasons.

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

Director of Planning,
Building and Code
Enforcement or
Director’s designee
Confirm that
demolition and
construction
activities are
scheduled outside
of the nesting
season, or
Prior to any tree
removal,
grading,
demolition,
and/or building
activities.

MM BIO-1.2: If demolition and construction cannot be
scheduled between September 1st and January 31st
(inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during construction
activities. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February
1st through April 30th inclusive) and no more than 30
days prior to the initiation of these activities during the late part of the breeding season (May 1st through
August 31st inclusive). During this survey, the
ornithologist shall inspect all trees and other possible nesting habitats on-site and within 250 feet of the site for nests.

If construction activities
cannot be scheduled
outside of nesting season,
conduct a pre-construction
nesting bird survey by a
qualified ornithologist and
designate a construction-
free buffer zone around any
discovered nest.

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

Director of Planning,
Building and Code
Enforcement or
Director’s designee
Verify pre-
construction
surveys for nesting
birds have been
completed.

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

EXHIBIT "A"
(File No. ER20-025)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 3 File Nos.: H20-049/ER20-270

Columbus Park Redevelopment Project
File No. ER20-025

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
MM BIO-1.3: If an active nest is found within 250 feet
of the project area to be disturbed by construction, the ornithologist, in consultation with California Fish and Wildlife, shall determine the extent of a construction
free buffer zone to be established around the nest
(typically 250 feet for raptors and 100 feet for other
birds), to ensure that raptor or migratory bird nests shall not be disturbed during project construction.

The qualified ornithologist
shall submit a report
indicating the results of the
survey and any designated
buffer zones to the Director
of Planning, Building and
Code Enforcement or
Director’s designee
Prior to any tree
removal, grading,
demolition, and/or
building activities.

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

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

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

MM BIO-1.4: Prior to any tree removal, or any grading
or demolition activities (whichever occurs first), the
ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the
satisfaction of the City’s Director of Planning or
Director’s designee of the Department of Planning,
Building and Code Enforcement.

Ornithologist shall submit a
report indicating the results
of the survey and any
designated buffer zones to
the City’s Director of
Planning or Director’s
designee of the Department
of Planning, Building and
Code Enforcement.

Prior to any tree
removal, or the start
of any grading or
demolition
activities.

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

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

Prior to any tree
removal, or the
start of any
grading or
demolition
activities.

CULTURAL RESOURCES
Impact CUL-2: Project ground disturbing activities could result in a substantial adverse change in the significance of an archaeological resource.

MM CUL-2.1: Prior to the start of construction
activities, the project applicant shall be required to
submit evidence that Cultural Awareness training will be provided to construction personnel prior to ground
disturbance. The training shall be facilitated by the
project archaeologist in coordination with a Native
Project archaeologist shall
provide Cultural
Awareness training to
construction personnel.

Prior to the start of
construction
activities.

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

Review evidence
of training.

Prior to the start
of construction
activities.

EXHIBIT "A"
(File No. ER20-025)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 4 File Nos.: H20-049/ER20-270
Colum
bus Park Redevelopment Project
File No. ER20-025

MM CUL-2.2: Monitoring. On-going during ground-
disturbing construction activities, the project shall
implement the following construction practices and
protocols to avoid and minimize potential impacts to
unknown archaeological resources:
 A qualified archaeologist shall monito
r
arch
aeologically sensitive areas during initial
gr
ound disturbance to determine whether
historic
-era archaeological resources are present
in the
project area.
 If a
ny archaeological resources are exposed
du
ring construction, these should be briefly
doc
umented, tarped for protection, and left in
place and an archaeological resources treatment
pl
an as described in MM CR-2.3 shall be
prepared by a qualified archaeologist.
 If no
resources are discovered, the consulting
arch
aeologist shall submit a report to the
Di
rector of Planning, Building and Code
enforce
ment (PBCE) or the Director’s designee
an
d the City’s Historic Preservation Officer
veri
fying that the required monitoring occurred
A qual ified archaeologist
shall monitor
archaeologically sensitive
areas during initial ground
disturbance to determine
whether historic-era
archaeological resources
are present in the project
area.

Document, tarp, and leave
any archaeological
resources in place if
exposed during ground
disturbing construction
activities.

Submit a report to the
Director of Planning,
Building and Code
enforcement (PBCE) or the
During excavation
activities, including
grading and
potholing for
utilities.

If archaeological
resources are
exposed
Following
completion of
monitoring
Director of Planning,
Building and Code
Enforcement or
Director’s designee
Director of Planning,
Building and Code
Enforcement or
Director’s designee.

Verify that
monitoring has
been retained.

Verify that
monitoring was
completed and
resources are
documented,
tarped, and left in
place, if
encountered.

Review monitoring
summary report.

Prior to the start
of excavation
activities,
including
grading and
potholing for
utilities.

EXHIBIT "A"
(File No. ER20-025)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 5 File Nos.: H20-049/ER20-270

Columbus Park Redevelopment Project
File No. ER20-025

MM CUL-2.3: Treatment Plan. If required by MM
CUL-2.2 (i.e., any archaeological resources are exposed during construction), the project applicant shall prepare a treatment plan that reflects permit-level detail pertaining to depths and locations of excavation activities. The
treatment plan shall be prepared and submitted to the
Director of the City of San José Department of Planning, Building, and Code Enforcement or Director’s designee
prior to start of any grading activities. The treatment plan shall contain, at a minimum:
 Identification of the scope of work and range of
subsurface effects (including location map and
development plan), including requirements for
preliminary field investigations.
 Description of the environmental setting (past
and present) and the historic/prehistoric
background of the parcel (potential range of
what might be found).
 Monitoring schedules and individuals
Qualified archaeologist
shall prepare and submit
treatment plan to the
Director of the City of San
José Department of
Planning, Building, and
Code Enforcement or
Director’s designee.

Prior to the start of
any grading
activities.

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

Review treatment
plan.

Prior to the start
of any grading
activities.

EXHIBIT "A"
(File No. ER20-025)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 6 File Nos.: H20-049/ER20-270

Columbus Park Redevelopment Project
File No. ER20-025

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
 Development of research questions and goals to
be addressed by the investigation (what is
significant vs. what is redundant information).
 Detailed field strategy to record, recover, or
avoid the finds and address research goals.
 Analytical methods.
 Report structure and outline of document
contents.
 Disposition of the artifacts.
 Security approaches or protocols for finds.
 Appendices: all site records, correspondence,
and consultation with Native Americans, etc.

Implementation of the plan, by a qualified
archaeologist, shall be required prior to any
grading activities. The treatment plan shall
utilize data recovery methods to reduce impacts
on subsurface resources.

MM CR-2.4: Evaluation. The project applicant shall
notify the Director of the City of San José Department of Planning, Building, and Code Enforcement or Director’s
designee of any finds during the preliminary field
investigation, grading, or other construction activities.

Any historic or prehistoric material identified in the
project area during the preliminary field investigation Notify Director of the City
of San José Department of
Planning, Building, and
Code Enforcement or
Director’s designee of any
finds.

Ongoing during the
preliminary field
investigation,
grading, or other
construction
activities.

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

Review notification
of find.

As needed if
resources are
discovered
during
preliminary
field
investi
gation
EXHIBIT "A"
(File No. ER20-025)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 7 File Nos.: H20-049/ER20-270

Columbus Park Redevelopment Project
File No. ER20-025

MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
and during excavation activities shall be evaluated for eligibility for listing in the California Register of
Historic Resources as determined by the California
Office of Historic Preservation. Data recovery methods
may include, but are not limited to, backhoe trenching, shovel test units, hand augering, and hand-excavation.

The techniques used for data recovery shall follow the
protocols identified in the approved treatment plan. Data recovery shall include excavation and exposure of
features, field documentation, and recordation. All
documentation and recordation shall be submitted to the Northwest Information Center and Native American
Heritage Commission (NAHC) Sacred Land Files,
and/or equivalent prior to issuance of an occupancy
permit. A copy of the evaluation shall be submitted to
the City of San José Department of Planning, Building,
and Code Enforcement or Director’s designee.

Evaluate finds for
eligibility for listing in the
California Register of
Historic Resources as
determined by the
California Office of
Historic Preservation.

Submit all documentation
and recordation to the
Northwest Information
Center and Native
American Heritage
Commission Sacred Land
File and City of San José
Department of Planning,
Building, and Code
Enforcement or Director’s
designee.

As needed if
resources are
discovered during
preliminary field
investigation and
during excavation
activities.

As needed if
resources are
discovered during
preliminary field
investigation and
during excavation
activities and prior
to issuance of
occupancy permit.

Director of the City of
San José Department
of Planning, Building,
and Code
Enforcement or
Director’s designee

Review evaluation
documentation and
recordation of
finds.

Review evaluation
documentation and
recordation of
finds.
and during
excavation
activities.

As needed if
resources are
discovered
during
preliminary
field
investigation
and during
excavation
activities and
Prior to
issuance of
occupancy
permit.

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1: Development of the proposed project could result in impacts to construction workers, neighboring properties, future site users and the environment from exposure to potentially hazardous soil.

EXHIBIT "A"
(File No. ER20-025)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

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Columbus Park Redevelopment Project
File No. ER20-025

MM HAZ-1.1: Prior to the start of any site grading
activities, the applicant shall obtain regulatory
oversight from the Regional Water Quality Control
Board (RWQCB), Department of Toxic Substances
Control (DTSC) or Santa Clara County Department of
Environment Health (SCCDEH) under their Site
Cleanup Program. A Site Management Plan (SMP),
Removal Action Plan (RAP), or equivalent document
must be prepared by a qualified hazardous materials
consultant. The plan 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 shall be provided to the Director or Director’s designee of the City of San José Department
of Planning, Building, and Code Enforcement, and the
Environmental Compliance Officer in the City of San
José’s Environmental Services Department.

Evidence of regulatory
oversight shall be
submitted to the City.

Prepare the Site
Management Plan,
Removal Action Plan, or
equivalent document as
specified by the regulatory
agency.

Prior to start of site
grading activities.

Regional Water
Quality Control Board
(RWQCB),
Department of Toxic
Substances Control
(DTSC) or Santa
Clara County
Department of
Environment Health
(SCCDEH) under
their Site Cleanup
Program.

Environmental
Compliance Officer in
the City of San José’s
Environmental
Services Department
and City of San José
Department of
Planning, Building,
and Code
Enforcement or
Director’s desi
gnee.

Review evidence
of regulatory
oversight.

Review the Site
Management Plan,
Removal Action
Plan, or equivalent
document as
specified by the
regulatory agency
Prior to start of
site grading
activities.

Prior to start of
site grading
activities.

Source: City of San José. Initial Study for the Columbus Park Redevelopment Project. July 2024.

EXHIBIT "A"
(File No. ER20-025)

DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

San Jose City CouncilApril 15, 2025

San Jose City Council
April 15, 2025