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RESOLUTION NO. _______
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE CERTIFYING THE GENERAL PLAN AMENDMENT
AND PLANNED DEVELOPMENT REZONING FOR THE
COLEMAN AND HEDDING COMMERCIAL
DEVELOPMENT PROJECT FINAL ENVIRONMENTAL
IMPACT REPORT (FILE NO. GP18-012, PDC23 -009, &
ER22-056) AND MAKING CERTAIN FINDINGS
CONCERNING SIGNIFICANT IMPACTS, MITIGATION
MEASURES, AND ALTERNATIVES, AND ADOPTING A
MITIGATION MONITORING AND REPORTING
PROGRAM, ALL IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS
AMENDED
WHEREAS, the proposed General Plan Amendment and Planned Development Rezoning for the Coleman and Hedding Commercial Development Project includes a general plan amendment and rezoning in the City of San José, which real property is sometimes referred to herein as the “subject property”; and the proposed General Plan Amendment and Planned Development Rezoning for the Coleman and Hedding Commercial Development Project referred to herein as the “Project”; and
WHEREAS, approval of the Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related State and local implementation guidelines and policies promulgated thereunder, all as amended to date (collectively, "CEQA"); and
WHEREAS, the City of San José (“City”) prepared, completed, and adopted in accordance with CEQA the Final Environmental Impact Report for the General Plan Amendment and Planned Development Rezoning for the Coleman and Hedding Commercial Development Project, and
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WHEREAS, the City, acting as lead agency, prepared a Draft Environmental Impact Report (“Draft EIR”) for the General Plan Amendment and Planned Development Rezoning for the Coleman and Hedding Commercial Development Project (Planning File Numbers GP18-012, PDC23-009, & ER22-056) dated August 2024; and
WHEREAS, a First Amendment to the Draft EIR was prepared to include responses to comments received during the public comment period and to make any technical or text changes to the Draft EIR; and
WHEREAS, the First Amendment and the Draft EIR together comprise the Final Environmental Impact Report (“FEIR”) for the Project; and
WHEREAS, the FEIR concluded that implementation of the Project could result in certain significant effects on the environment and identified mitigation measures that would avoid or reduce each of those significant effects to a less -than-significant level; and
WHEREAS, on April 9, 2025 , the Planning Commission of the City of San José reviewed the FEIR and recommended the City Council find the FEIR was completed in accordance with the requirements of CEQA and further recommended the City Council adopt a resolution certifying the FEIR; and
WHEREAS, as required under CEQA, a program to monitor and report on the implementation of measures to mitigate or avoid significant effects on the environment has been prepared for the Project (the “Mitigation Monitoring and Reporting Program”); and
WHEREAS, the decision -making body of a public agency is required under CEQA to make certain findings regarding potentially significant environmental impacts and adopt NVF:AXY:JMD
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a statement of overriding considerations for any impact that may not be reduced to a less than significant level;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
1. The foregoing recitals are incorporated herein as if set forth in the body of this Resolution.
2. The City Council finds and certifies the FEIR has been prepared and completed in compliance with CEQA.
3. The FEIR was presented to the City Council, the City Council reviewed and considered the information contained therein prior to approving the Project, and, as lead agency for the Project, the City Council finds the FEIR reflects the independent judgment and analysis of the City of San José and designates the Director of Planning, Building and Code Enforcement at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California 95113 as the custodian of records on which the decision of the City is based.
4. The City Council recognizes the FEIR contains additions, clarifications, modifications, and other information in response to comments on the Draft EIR or obtained after the Draft EIR was issued and circulated for public review and hereby finds such changes and additional information would not result in: (i) any new significant environmental impact or substantially more severe environmental impact not already disclosed and evaluated in the Draft EIR, (ii) any feasible mitigation measure considerably different from those analyzed in the Draft EIR that would lessen a significant environmental impact of the Project, or (iii) any NVF:AXY:JMD
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feasible alternative considerably different from those analyzed in the Draft EIR that would lessen a significant environmental impact of the Project.
5. The City Council finds and determines that recirculation of this FEIR for further public review and comment is not warranted or required under CEQA.
6. The City Council makes the following findings with respect to potentially significant environmental impacts, as identified in the FEIR, with the understanding that all the information in this Resolution is intended as a summary of the full administrative record supporting the FEIR.
GENERAL PLAN AMENDMENT AND PLANNED DEVELOPMENT REZONING FOR
THE COLEMAN AND HEDDING COMMERCIAL DEVELOPMENT PROJECT
ENVIRONMENTAL EFFECTS FOUND NOT TO BE SIGNIFICANT
Through project scoping and the environmental analysis contained within the FEIR, it was determined that the Project would not result in a potential significant effect on the environment with respect to aesthetics, agricultural and forestry resources, air quality, energy, geology and soils, hydrology and water quality, land use and planning, minerals, population and housing, public services, recreation, tribal cultural resources, utilities and service systems, wildfire, and unplanned growth. A summary of the reasons for this determination can be found in Sections 3.1, 3.2, 3.3, 3.6, 3.7, 3.10, 3.11, 3.1 2,
3.14, 3.15, 3.16, 3.18, 3.19, 3.20, and 4.0 of the Draft EIR. No further findings are required for these subject areas.
Findings for Significant but Mitigated Impacts
Biological Resources
Impact: BIO-1: Construction activities on the subject parcels could impact burrowing owls by trampling or compacting underground burrows.
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Mitigation: MM BIO-1.1 Prior to initiation of any construction activities (including demolition, vegetation clearing, or ground disturbance) on each of the subject parcels, a qualified biologist shall conduct preconstruction surveys in all potentially suitable burrowing owl habitat on and within 250 feet of the area in which ground disturbance is proposed. To maximize the likelihood of detecting owls, the preconstruction survey shall last a minimum of three hours. The survey shall begin one hour before sunrise and continue until two hours after sunrise (three hours total) or begin two hours before sunset and continue until one hour after sunset. A minimum of two surveys shall be conducted (if owls are detected on the first survey, a second survey is not needed). Owls observed shall be counted and their location shall be mapped.
Surveys shall conclude no more than two calendar days prior to the initiation of ground disturbing activities; thus, surveys shall begin no less than four days prior to the initiation of ground disturbing activities (two days of surveying plus up to two days between surveys and ground disturbing activities). To avoid last -minute changes in schedule that may occur if burrowing owls are found, a preliminary survey may be conducted up to 14 days before construction. This preliminary survey may count as the first of the two required surveys, as long as the second survey concludes no more than two calendar days in advance of construction. If construction on different parcels commences on different timelines, separate surveys need to be conducted for each parcel to ensure that surveys occur just prior to the start of construction on each parcel. The results of the preconstruction surveys shall be submitted to the City of San José Director of Planning, Building and Code Enforcement or Director’s designee no more than 14 days prior to ground disturbing activities or the issuance of any tree removal, grading, demolition, or building permits.
If the preconstruction survey does not identify the presence of burrowing owls on or within 250 feet of the area in which ground disturbance is proposed, no further measures are necessary. However, should the preconstruction survey determine the presence of burrowing owls on or within 250 feet the area in which ground disturbance is proposed, then the Project proponent shall implement the following avoidance measures.
• Avoidance during the Breeding Season. If evidence of burrowing owls is found during the breeding season (February 1 to August 31 , NVF:AXY:JMD
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inclusive), all nesting or roosting sites that could be disturbed by Project construction activities shall be avoided during the remainder of the breeding season (if owls remain throughout the breeding season) or while the nest (i.e., a burrow occupied during the period February 1 to August 31 , inclusive) is occupied by adults or young (occupation includes individuals or family groups foraging on or near the site following fledging). Although burrowing owls are unlikely to nest on the subject parcels, there is a remote possibility that nesting may occur. Wintering owls in Santa Clara County often remain past February 1, at which time they cannot be distinguished from breeding birds. As a result, any owl present between February 1 and August 31 , inclusive, will be considered a potential breeder unless and until it leaves the site.
Avoidance shall include the establishment of a 250 -foot non - disturbance buffer zone around nests. Construction activities may occur outside of the 250 -foot non -disturbance buffer zone.
Construction activities may occur inside of the 250 -foot non - disturbance buffer during the breeding season only if the nest is not disturbed, and a qualified biologist develops an avoidance, minimization, and monitoring plan that is reviewed and approved by the C DFW prior to Project construction and meets all of the following criteria:
1. A qualified biologist monitors the owls for at least three days prior to construction to determine baseline nesting and foraging behavior (i.e., behavior without construction).
2. The same qualified biologist monitors the owls during construction and finds no change in owl nesting and foraging behavior in response to construction activities.
3. If there is any change in owl nesting and foraging behavior as a result of construction activities, all disturbance activities shall cease within the 250 -foot buffer. Construction shall not resume within the 250 -foot buffer until the adults and juveniles from the occupied burrows have moved out of the Project area and 250 - foot buffer.
4. If monitoring indicates that the nest is abandoned prior to the end of the nesting season (as would occur if a wintering owl lingered past February 1 and then eventually migrated to its NVF:AXY:JMD
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breeding areas outside the region), and the burrow is no longer in use by owls, the non -disturbance buffer zone may be removed. The qualified biologist will excavate the burrow to ensure that no owls are present and to prevent reoccupation after receiving approval from the CDFW.
• Avoidance during the Non -Breeding Season. During the non - breeding season (September 1 through January 31 , inclusive ), a 250-foot non -disturbance buffer shall be established around occupied burrows as determined by a qualified biologist.
Construction activities outside of this 250 -foot buffer are allowed.
Construction activities within the 250 -foot buffer are allowed if all of the following criteria are met in order to prevent owls from abandoning important overwintering sites:
1. A qualified biologist monitors the owls for at least three days prior to construction to determine baseline foraging behavior (i.e., behavior without construction).
2. The same qualified biologist monitors the owls during construction and finds no change in owl foraging behavior in response to construction activities.
3. If there is any change in owl nesting and foraging behavior as a result of construction activities, all disturbance activities shall cease within the 250-foot buffer.
4. If the owls are gone for at least one week, the Project proponent may request approval from the CDFW that a qualified biologist excavate usable burrows to prevent owls from re -occupying the site. After all usable burrows are excavated, the buffer zone will be removed and construction may continue. Monitoring must continue as described above for the non -breeding season as long as the burrow remains active.
• Construction Monitoring. Based on the avoidance, minimization, and monitoring plan developed during construction, a non - disturbance buffer zones shall be established and maintained. A qualified biologist shall monitor the site, consistent with the requirements described above to ensure that buffers are enforced and owls are not disturbed. The biological monitor shall also NVF:AXY:JMD
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conduct training of construction personnel on the avoidance procedures, buffer zones, and protocols in the event that a burrowing owl flies into an active construction zone or within 250 feet of such zone.
• Passive Relocation. Passive relocation shall only be allowed, with the approval of the CDFW, during the non -breeding season (September 1 through January 31 , inclusive), and may only occur if the burrow needs to be removed or could collapse from
construction activities. If passive relocation is allowed by CDFW, a qualified biologist shall passively exclude birds from their burrows during non -breeding season only by installing one -way doors in burrow entrances. These doors shall be in place for at least 48 hours to ensure owls have left the burrow, and then the qualified biologist shall excavate the burrow to prevent reoccupation.
Burrows shall be excavated using hand tools. During excavation, an escape route shall be maintained at all times. This may include inserting an artificial structure into the burrow to avoid having the overburden collapse into the burrow and trap owls inside.
Finding: With implementation of MM BIO -1.1, burrowing owls will not be harmed during the construction phase of the Project. [Less -than-Significant Impact with Mitigation]
Facts in Support of the Finding: If owls are present when construction occurs, individual burrowing owls may be affected by construction activities.
Because they roost underground, burrowing owls may be killed or injured during development activities from trampling or compaction of burrows by construction personnel or equipment if appropriate protective measures are not implemented. Construction activities that occur in close proximity to active burrows may disturb owls to the point of abandoning their burrows. Injury or mortality of burrowing owls resulting from construction activities would represent a significant impact.
This mitigation measure is based on the Santa Clara Valley Habitat Plan, which includes measures based on the research and coordination with Federal and State wildlife agencies. The combination of preconstruction surveys, establishment of buffer zones around nests, construction NVF:AXY:JMD
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monitoring, and passive relocation of owls that are embodied in MM BIO -
1.1 will avoid harm to burrowing owls during construction of the Project.
Impact: BIO-2: Development of the proposed Project would result in impacts to nesting birds, if present on the site at the time of construction.
Mitigation: MM B IO-2;1: The Project developer shall avoid construction activities during 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).
MM BIO -2.2: If construction activities cannot be scheduled between September 1st and January 31st (inclusive), pre -construction surveys for nesting birds will be completed by a qualified ornithologist to ensure that no active nests shall be disturbed during project implementation. This survey must be completed no more than seven ( 7) days prior to the initiation of construction activities (including demolition, vegetation clearing, or ground disturbance) during the breeding season (February 1st through August 31st , inclusive). During this survey, the qualified ornithologist shall inspect all vegetation, structures, trees and other possible nesting habitats (including the ground), in and immediately adjacent to the Project construction areas for active nests (i.e., nests with eggs or young). If construction activity ceases for seven (7) days or more, a new survey shall be conducted.
MM BIO-2.3: If, during the survey described in MM BIO -2.2, the qualified ornithologist finds an active nest sufficiently close to work areas to be disturbed by construction, the qualified ornithologist, in consultation with the CDFW, shall determine the extent of a construction free buffer zone to be established around the nest, typically 100 feet for non -raptors and 300 feet for raptors, to ensure that raptor or migratory bird nests shall not be disturbed during project construction. The buffer distances shall be specified to protect the bird’s normal behavior to prevent nesting failure or abandonment and comply with Fish and Game Code section 3500 et seq. and the federal MBTA. Abnormal nesting behaviors which may cause reproductive harm include, but are not limited to, defensive flights/vocalizations directed towards Project personnel, standing up from a brooding position, and flying away from the nest. The qualified biologist shall have authority to order the cessation of all nearby Project activities if the nesting birds exhibit abnormal behavior which may cause reproductive NVF:AXY:JMD
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failure (nest abandonment and loss of eggs and/or young) until an appropriate buffer is established.
The qualified biologist shall monitor the behavior of the birds (adults and young, when present) at the nest site to ensure that they are not disturbed by Project work. Nest monitoring shall continue during Project work until the young have fully fledged (have completely left the nest site and are no longer being fed by the parents), as determined by the qualified biologist, unless otherwise approved in writing by CDFW.
MM BIO-2.4 Prior to any tree removal, or approval of any grading or demolition permits (whichever occurs first), the ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the City’s Director of Planning, Building and Code Enforcement or the Director’s designee and the CDFW.
Finding: With implementation of MM BIO -2.1 through MM BIO -2.4, nesting birds will not be harmed during the construction phase of the Project. [Less - than-Significant Impact with Mitigation]
Facts in Support of the Finding: Nesting birds are protected under provisions of the MBTA and CDFW code. Construction disturbance during the breeding season, including tree removals, could result in the incidental loss of fertile eggs or nestlings, or otherwise lead to nest abandonment.
Disturbance that causes abandonment and/or removal and construction activities that disturb a nesting bird onsite or immediately adjacent to the construction zone would constitute a significant impact.
The combination of preconstruction surveys, establishment of buffer zones around nests, and construction monitoring, that are embodied in MM BIO-
2.1 through MM BIO -2.4 will avoid harm to nesting birds during construction of the Project.
Impact: BIO-3: Development of the proposed Project could result in an increase in nitrogen deposition that could result in adverse effects on habitat for the Bay checkerspot butterfly and rare serpentine -associated plants located off-site.
Mitigation: MM BIO-3.1: Prior to the issuance of grading permits for the development of each parcel, the Project proponent shall submit a project -specific NVF:AXY:JMD
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Santa Clara Habitat Agency (SCVHA) Nitrogen Deposition Application to the Director of Planning, Building and Code Enforcement, or the Director’s designee and pay applicable nitrogen deposition fees to SCVHA. The Project proponent shall pay the nitrogen deposition fee that applies to covered activities based on new daily vehicle trips generated by the development of each parcel.
Finding: With the implementation of MM BIO -3.1, the Project’s impact on species that rely on serpentine covered plants will be reduced to less -than- significant. [Less-than-Significant Impact with Mitigation]
Facts in Support of the Finding: Although the parcels are controlled by the Airport and operated by the City of San José, a Local Partner in the Habitat Plan, the parcels are not located in a Habitat Plan fee area and lands controlled by the Airport are excluded as covered activities under the Habitat Plan.
Irrespective of this fact, the City as CEQA Lead Agency acknowledges the nitrogen deposition impacts of the Project and is committing to pay the nitrogen deposition fee that applies to covered activities, based on new daily vehicle trips. The fee will be paid at the time the grading permit is issued for the development of each parcel. According to the SCVHA, the fees collected from covered activities do not fully cover the costs related to mitigating nitrogen deposition impacts due to new development.
Therefore, the Habitat Agency accepts fees from non -covered activities and states that “nitrogen deposition voluntary fee payments will be applied toward land acquisition, management, and monitoring for Bay checkerspot butterfly and serpentine covered plant species. ” The payment of fees to the SCVHA will support the Agency’s efforts to acquire, preserve and enhance serpentine lands that are impacted by nitrogen deposition from development, including development from the Project.
Cultural Resources
Impact: CUL-1 : On-site construction activities could impact buried prehistoric or historic archaeological materials.
Mitigation: MM CUL-1.1: Cultural Sensitivity Training: Prior to issuance of any grading permit, the Permittee shall be required to conduct a Cultural Awareness Training for construction personnel. The training shall be facilitated by a qualified project archaeologist in collaboration with a Native NVF:AXY:JMD
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American representative registered with the Native American Heritage Commission 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. Documentation verifying that Cultural Awareness Training has been conducted shall be submitted to the Director of PBCE or the Director’s designee.
MM CUL-1.2: Monitoring Plan: Prior to issuance of any demolition, grading, or building permits (whichever occurs first), a qualified archeologist, in consultation with a Native American representative registered with the Native American Heritage Commission 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 prepare a monitoring plan for all earthmoving activities. The Plan shall be submitted to the Director of PBCE or the Director’s designee for review. The plan shall include, but is not limited to, the following: plan could include a combination of some of the following measures:
• Monitoring Schedules
• Contact information
• Recommendation for monitoring methods
• Timing of reporting finds
MM CUL -1.3 Monitoring Plan. Sub -Surface Monitoring: A qualified archeologist in collaboration with a Native American monitor, registered with the Native American Heritage Commission for the City of San José and who is traditionally and culturally affiliated with the geographic area as described in Public Resources Code Section 21080.3, shall also be present during applicable earthmoving activities in accordance with the Monitoring Plan in MM CUL -1.2. These could include but not are not limited to, trenching, initial or full grading, lifting of foundation, boring on site, or major landscaping.
MM CUL-1.4 Evaluation: The Permittee shall notify the Director of PBCE or Director’s designee of any finds during the grading or other construction activities. Any historic or prehistoric material identified in the Project area during the 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 NVF:AXY:JMD
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auguring, 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 the issuance of an occupancy permit. A copy of the evaluation shall be submitted to the Director of PBCE or the Director’s designee.
Finding: Implementation of MM CUL -1.1 through MM CUL -1.4 will avoid significant effects on buried prehistoric or historic cultural resources that may be present on the Project sites. [Less-than-Significant Impact with Mitigation]
Facts in Support of the Finding: As described in Section 3.5.1.2, Existing Conditions, no prehistoric or archaeological sites have been recorded or identified in or adjacent to the project sites. Research conducted for the proposed project indicates a very low potential for exposing unique prehistoric or historic archaeological resources with integrity. Outreach conducted as part of the EIR process to Native American Tribes and individuals with knowledge of tribal cultural resources in the project vicinity determined a moderate possibility of potential adverse impacts to unreported ancestral heritage burials, features, and artifacts.
While the project site is not known to contain an archaeological site or buried deposits, construction operations of any development on the subject parcels could result in the inadvertent exposure of buried prehistoric or historic archaeological materials that could be eligible for inclusion on the CRHR and/or meet the definition of a unique archaeological resource as defined in Section 21083.2 of the Public Resources Code. I mplementation of MM CUL -1.1 through MM CUL -1.4 will reduce or avoid impacts on buried archaeological resources at the project site.
Greenhouse Gases
Impact: GHG-1: Development on the subject parcels could result in GHG emissions considered significant if the electric vehicle and natural gas requirements of BAAQMD Threshold A are not met.
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Mitigation: MM GHG-1.1: Development on the subject parcels shall be required to be compliant with the off -street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2. Plans demonstrating compliance shall be submitted to the Director of PBCE, or the Director's designee, for review and approval prior to issuance of building permits.
MM GHG-1.2 : Development on the subject parcels shall not have natural gas appliances or natural gas plumbing. Plans demonstrating compliance shall be submitted to the Director of PBCE, or the Director's designee, for review and approval prior to issuance of building permits.
Finding: Implementation of MM GHG -1.1 and MM GHG -1.2 will reduce GHG emissions associated with the Project. [Less -than-Significant with Mitigation]
Facts in Support of the Finding: Under BAAQMD’s GHG thresholds of significance for land use development projects, projects must demonstrate that they either A) incorporate specific building design and transportation elements or option B) demonstrate consistency with a local GHG reduction strategy.
The City of San José has adopted a qualified GHG reduction strategy built upon the land use assumptions in the General Plan. The Since the project includes a General Plan Amendment and cannot rely on the City’s qualified GHG reduction strategy for streamlining under CEQA , the project was analyzed under option A . To demonstrate consistency with option A, future development facilitated by the project will be required to implement MM GHG -1.1 and MM GHG -1.2 and will not include natural gas appliances or natural gas plumbing . When compared to gas-powered vehicles and appliances , the use of electric -powered vehicles and appliances will result in a reduction in GHG emissions.
Hazards and Hazardous Materials
Impact: HAZ 1: Former historical Underground Storage Tanks (USTs) and associated pipelines could be located on Parcel 6, which has the potential to expose workers and members of the public to hazardous materials during construction activities and pose potential public health risks to future site visitors.
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Mitigation: MM HAZ-1.1: Prior to the issuance of any grading, demolition, or building permits, the Project proponent for Parcel 6 shall complete a Geophysical Survey of the parcel to determine if all historical USTs and their associated pipelines have been removed.
If USTs or associated pipelines are discovered, then the Project proponent shall complete, submit, and pay the required fees for 1) a n Underground Storage Tanks System Closure Permit Application with the County of Santa Clara Hazardous Materials Compliance Division and 2) required closure documents with the San José Fire Department’s Hazardous Materials Division. Closure of the USTs shall consist of removing the tanks and associated piping from the ground and performing soil sampling to evaluate if there is residual contamination from the former operation of the tank. Tank removal and soil sampling activities must be witnessed by a representative from both HMCD and San José Fire Department. The tanks and associated piping are to be managed as hazardous waste once removed unless they are cleaned onsite and certified as non-hazardous.
After tank removal, a representative of the County of Santa Clara Hazardous Materials Compliance Division will require soil sampling beneath the tanks. Samples will be submitted to a State certified laboratory for analysis. The County of Santa Clara Hazardous Materials Compliance Division will review the soil analytical results to determine if the tank has leaked. If the tanks or piping are determined to have leaked, the County of Santa Clara Hazardous Materials Compliance Division will refer the site to the County of Santa Clara Local Oversight Program. The Project proponent shall work with HMCD to determine next steps to investigate the contamination. The County of Santa Clara Hazardous Materials Compliance Division may require additional testing to fully delineate the extent of contamination. Once the extent of contamination is defined, some form of remediation such as excavation, offsite disposal, capping in place, etc. may be required to reduce potential exposure impacts to future construction/maintenance workers, residents, and the general public. All contaminated soils shall be disposed of offsite at a licensed hazardous materials disposal site. A report documenting that remediation has been completed to the County of Santa Clara Hazardous Materials Compliance Division and the San José Fire Department’s NVF:AXY:JMD
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satisfaction shall be submitted to the Director of PBCE prior to issuance of the grading permit.
Finding: Implementation of MM HAZ -1.1 will mitigate potential adverse effects associated with exposure to hazardous substances from leaking USTs. [Less-than-Significant Impact with Mitigation]
Facts in Support of the Finding: One of the parcels on the Project site (Parcel 6) was developed with a gasoline station in 1962, which was then demolished in 1974, with the parcel remaining undeveloped since. Parcel 6 is listed in Environmental Data Resources’ database of former automotive related businesses. Motor vehicle fuels were likely stored in underground storage tanks (USTs), which may have been removed under Fire Department oversight; however, no documentation was identified. Therefore, Parcel 6 may potentially still contain USTs and associated pipelines, which could result in the release of hazardous materials during construction.
Implementing the procedures described in MM HAZ -1.1 will ensure that any USTs and associated pipelines on site will be detected and removed, and that the site would be remediated in order to ensure construction workers, residents, and the general public are not exposed to hazardous levels of toxic substances.
Impact: HAZ 2: Potential soil, soil gas and groundwater contamination located on the subject property due to its former agriculture and fuel service station history, and off -site sources of contamination could expose construction workers and members of the public to hazardous materials during construction activities and pose potential public health risks to future site visitors.
Mitigation: MM HAZ-2.1: Prior to the issuance of any grading permits, a qualified environmental specialist shall collect soil, groundwater, and soil vapor samples from the Project site where soil disturbance is anticipated and have the samples analyzed to determine if potential contamination is located onsite with concentrations above established construction worker and commercial/industrial environmental screening levels. The samples shall be tested for organochlorine pesticides and pesticide -based metals, arsenic, and lead, petroleum hydrocarbons, and volatile organic compounds. Once the soil sampling analysis is complete, a report of the findings will be provided to the City of San José’s Director of PBCE, or the NVF:AXY:JMD
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Director’s designee, and the Department and the Municipal Compliance Officer of the City of San José Environmental Services Department for review.
If contaminated soil, groundwater, or soil vapor is found in concentrations above established regulatory environmental screening levels that requires the oversight of regulatory agencies, the Project proponent must obtain regulatory oversight from the Regional Water Quality Control Board (RWQCB), Department of Toxic Substances Control, or the Santa Clara County Department of Environmental Health under their Site Cleanup Program. A Site Management Plan (SMP), Removal Action Plan (RAP), or equivalent document shall be prepared by a qualified environmental consultant under regulatory oversight and approval that identifies remedial measures and/or soil management practices to ensure construction worker safety and the health of future site occupants. All measures identified in the plan(s) shall be implemented during all phases of construction, as applicable. Evidence of regulatory oversight and approved plan(s) shall be submitted to the Director of PBCE, or the Director’s designee, and the Department and the Municipal Compliance Officer of the City of San José Environmental Services Department for approval prior to the issuance of any grading permits.
Finding: Implementation of MM HAZ -2.1 will mitigate potential adverse effects associated with exposure to hazardous substances from prior land uses on the sites. [Less-than-Significant Impact with Mitigation]
Facts in Support of the Finding: The Phase I Environmental Site Assessment (ESA) prepared for the project concluded that contaminated soil and groundwater may exist on the subject parcels due to historic uses of all the parcels as agricultural land and farmhouses and Parcel 6 as a gasoline station. Soil samples collected from Parcels 1, 2, and 5 to test for organochlorine pesticides, metals, petroleum hydrocarbons, and polychlorinated biphenyls (PCBs) did not identify contaminants at concentrations exceeding regulatory thresholds. However, the Phase I ESA recommended further testing to understand the distribution of contaminants. Additionally, soil samples have not been collected from Parcels 3, 4, 6, and 7, so the Phase I ESA recommended collection of shallow soil samples of those parcels to evaluate the possible presence of organochlorine pesticides, lead, and arsenic. Based on the potential for NVF:AXY:JMD
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site contamination from nearby sources , soil, groundwater, and soil vapor sampling on Parcels 1, 2, and 4 were also recommended . Implementing the procedures described in MM HAZ -2.1 will result in the remediation of any contamination found on site to regulatory thresholds and ensure that construction workers, residents, and the general public are not exposed to hazardous levels of toxic substances.
Noise
Impact: NOI 1: Construction activities could expose nearby commercial receptors within 200 feet of the subject parcels to noise levels that exceed the Federal Transit Administration (FTA)’s exterior threshold of 85 dBA Leq, resulting in a significant impact according to Policy EC -1.7 of the City’s General Plan.
Mitigation: MM NOI-1.1: Pursuant to General Plan Policy EC -1.7, prior to issuance of a grading permit, a construction noise logistics plan shall be prepared that specifies hours of construction, noise and vibration minimization measures, posting or notification of construction schedules, and designation of a noise disturbance coordinator who would respond to neighborhood complaints will be required to be in place prior to the start of construction and implemented during construction to reduce noise impacts on nearby uses. Project construction operations shall use best available noise suppression devices and techniques including, but not limited to the following:
• Limit construction hours to between 7:00 a.m. and 7:00 p.m., Monday through Friday, unless permission is granted with a development permit or other planning approval. No construction activities are permitted on the weekends at sites within 500 feet of a residence.
Construction outside of these hours may be approved through a development permit based on a site -specific “construction noise mitigation plan” and a finding by the Director of PBCE that the construction noise mitigation plan is adequate to prevent noise disturbance of affected residential uses.
• Construct solid plywood fences or similar around ground level construction sites adjacent to operational businesses. A temporary 10 - foot noise barrier shall be constructed along the property lines of the Project sites to shield adjacent commercial uses from ground -level construction equipment and activities. The noise barrier shall be solid NVF:AXY:JMD
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over the face and at the base of the barrier in order to provide a 10 dBA noise reduction.
• Equip all internal combustion engine -driven equipment with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
• Prohibit unnecessary idling of internal combustion engines. • Locate stationary noise-generating equipment such as air compressors or portable power generators as far as possible from sensitive receptors. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses.
• Utilize “quiet” air compressors and other stationary noise sources where technology exists.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the Project site. • Notify all adjacent business, residences, and other noise -sensitive land uses of the construction schedule, in writing, and provide a written schedule of “noisy” construction activities to the adjacent land uses and nearby residences.
• 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.
Finding: Implementation of the measures listed in MM NOI -1.1 will ensure that noise levels during construction are compliant with Policy EC-1.7 of the City’s General Plan. [Less-than-Significant with Mitigation]
Facts in Support of the Finding: The noise assessment prepared for the project uses the noise limits established by the Federal Transit Administration (FTA) to identify the potential for impacts due to substantial temporary construction noise because the City of San José does not establish noise level thresholds for construction activities. The FTA identifies construction noise limits of 85 dBA Leq at commercial land uses surrounding the project site.
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The measures listed in MM NOI -1.1 are designed to minimize noise that would otherwise occur during construction, as well as to avoid construction-generated noise during nighttime hours and on weekends.
The noise assessment concluded that implementation of the measures listed in MM NOI-1.1 would reduce temporary construction noise would be reduced to 85 dBA Leq or less.
Impact: NOI 2: Noise levels produced by operations allowed under the Project could exceed the City’s 55 dBA DNL threshold at the nearest residential receptors or 60 dBA threshold at the nearest commercial uses, thereby causing a significant impact.
Mitigation: MM NOI-2.1: Prior to issuance of a grading permit, a qualified acoustical consultant shall review the final design plans to address any potential conflicts with the General Plan or Municipal Code for any development of the subject parcels that consist of the following land uses:
• Animal boarding
• Any use without a permanent fully enclosed building on-site • Car wash
• Detailing
• Recreation
• Commercial outdoor
• Winery, brewery, or distillery
An acoustical study shall be prepared during final building design to evaluate the potential noise generated by building mechanical equipment and demonstrate the necessary noise control to meet the City’s 55 dBA DNL goal for residences and 60 dBA LDN goal at commercial uses as per the Municipal Code Performance Standards. Noise control features such as sound attenuators, baffles, and barriers shall be identified and evaluated to demonstrate that mechanical equipment noise would not exceed the respective appropriate thresholds at noise -sensitive locations around the Project site. The noise control features identified by the study shall be incorporated into the Project prior to the issuance of a building permit.
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Finding: Implementation of MM NOI -2.1 will ensure that operational noise levels associated with the Project do not exc eed 55 dBA DNL at the nearest residential receptors or 60 dBA at the nearest commercial use. [Less-than- Significant with Mitigation]
• Facts in Support of the Finding: Operational noise levels (due to mechanical equipment, truck deliveries, parking lots etc.) could potentially exceed 55 dBA DNL at the nearest residential receptors or 60 dBA DNL at commercial uses if the project were to be developed with the following land uses: animal boarding, any use without a permanent fully enclosed building on site, car wash, detailing, recreation, commercial outdoor, and winery, brewery, or distillery. With MM NOI -2.1, the design of the buildings allowed under the Project will include features (e.g., sound attenuators, baffles, barriers, etc.) that will reduce operational noise to levels that do not exceed applicable City standards.
Impact: NOI 3: Construction activities on the Project site could cause significant ground borne vibration impacts to adjacent structures.
Mitigation: MM NOI -3.1: The following measures shall be implemented at Project parcels that are within 30 feet of existing structures where construction vibration levels could exceed 0.2 in/sec PPV for buildings of conventional construction:
• A list of all heavy construction equipment to be used for the development known to produce high vibration levels (e.g., tracked vehicles, vibratory compaction, jackhammers, hoe rams, clam shovel drop, and vibratory roller, etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds.
• Place operating equipment on the construction site as far as possible from vibration-sensitive receptors.
• Smaller equipment to minimize vibration levels to below 0.2 in/sec PPV shall be used at the property lines. For example, a smaller vibratory roller, such as the Caterpillar model CP433E vibratory NVF:AXY:JMD
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compactor, could be used when compacting materials within 30 feet of adjacent conventional buildings.
• Avoid using vibratory rollers and clam shovel drops near sensitive areas.
• Select demolition methods not involving impact tools. • Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
• Avoid dropping heavy equipment and use alternative methods for breaking up existing pavement, such as a pavement grinder, instead of dropping heavy objects, within 30 feet of adjacent conventional buildings.
• Designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such a person shall be clearly posted on the construction site.
The above measures will be included in a vibration mitigation plan, which will be submitted to the Director of PBCE, or the Director’s designee prior to the issuance of a grading permit.
Finding: Implementation of the measures listed in MM NOI -3.1 will ensure that vibration levels during construction do not exceed 0.2 in/sec PPV for buildings of conventional construction . [Less -than-Significant with Mitigation]
Facts in Support of the Finding: Future project construction is required to adhere to the City of San José General Plan Policy EC -2.3 establishing a vibration limit of 0.08 in/sec PPV for historic buildings and a vibration limit of 0.20 in/sec PPV for buildings of normal conventional construction to reduce cosmetic damages to adjacent buildings. The measures listed in MM NOI -
3.1 are designed to reduce the level of vibration that would otherwise occur during construction to below the vibration limits outlined in General Plan Policy EC-2.3.
Impact: NOI 4: Without noise insulating features, development of the subject parcels could be incompatible with the Airport’s Comprehensive Land Use Plan (CLUP)’s noise policies, thereby exposing pe ople to excessive noise levels.
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Mitigation: MM NOI-4.1: Prior to issuance of an occupancy permit, a detailed analysis of noise reduction requirements shall be completed for any development on the subject parcels. Based on the analysis, all noise insulation features determined appropriate shall be incorporated into the development design to ensure that the 2023 Cal Green Code standards are met and an interior noise level of 50 dBA Leq (1-hr) or lower during daytime hours is achieved. This mitigation measure complies with CLUP Policies N -2 and N-6 to mitigate aircraft noise impacts.
Finding: Implementation of MM NOI -4.1 will ensure that aircraft-generated noise levels at the Project comply with CLUP Policies N -2 and N -6. [Less-than- Significant with Mitigation]
Facts in Support of the Finding: The project would result in the development of commercial uses at Parcels 1 through 6, which fall under the CLUP’s “Conditionally Acceptable” category as projected noise levels from aircraft are 65 -70 dBA CNEL/DNL. The project would also result in the development of commercial uses at Site 7 which falls under the CLUP’s “Generally Unacceptable” category as projected noise levels from aircraft are >70 dBA CNEL. In order to be co mpatible with the requirements of the CLUP, future redevelopment of the project sites shall implement MM NOI-
4.1 to ensure that building designs will include noise insulation features that will mitigate aircraft -generated noise in compliance with CLUP Policies N-2 and N-6.
Transportation
Impact: TRANS-1: Development of the proposed Project would result in an increase in of 12.89 VMT per employee which is above the City’s impact threshold of 12.21 VMT per employee for retail uses.
Mitigation: MM TRANS-1.1: Prior to the issuance of the first Building Occupancy Permit, the Project developer shall provide a fair -share contribution to the City of San José for the construction of Class IV protected bike lanes using raised vertical delineators on Hedding Street eastbound between Coleman Avenue and Ruff Drive, as well as on Hedding Street westbound between Walnut Street and Ruff Drive. This multi -modal infrastructure improvement shall be part of a Public Improvement Plan that describes how the bike lanes will be implemented. The Public Improvement Plan shall be reviewed and approved by the City’s Director of Public Works or NVF:AXY:JMD
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designee. The implementation of the Public Improvement Plan shall be verified by the Director of Public Works or designee prior to approval of Planned Development permits for development on the seven subject parcels.
MM TRANS-1.2: Traffic Calming Measures. As part of the implementation of the Class IV protected bike lanes required in MM TRANS -1.1, the removal of an eastbound travel lane on Hedding Street, between Walnut Street and Ruff Drive, shall be required prior to approval of Planned Development permits for development on the seven subject parcels.
MM TRANS -1.3: Commute Trip Reduction Marketing and Education.
Transportation Demand Management (TDM) Plan(s) shall be prepared for development on the seven subject parcels. The number of Plans shall depend on the number, scope, and timing of development applications received by the City. Prior to the issuance of Planned Development permits on each subject parcel, the TDM Plan(s) shall be approved by the City’s Director of Public Works or designee and the Director of PBCE or designee. The TDM Plan(s) shall consist of implementation of the following measure.
➢ The Project developer for each parcel shall implement marketing/educational campaigns that promote the use of transit, shared rides, and travel through active modes. Strategies may include the incorporation of alternative commute options into new employee orientations, event promotions, and publications.
The TDM Plan(s) shall include a trip cap for VMT monitoring purposes.
The trip cap shall be determined by a traffic engineer using the methodology employed in Appendix F of this EIR, such that the number of trips will not translate into an increase in VMT over No Project conditions.
Annual monitoring shall occur to determine if vehicle trips generated by the Project are within ten percent of the trip cap determined by the traffic engineer. The annual trip monitoring reports shall be submitted to the City’s Director of Public Works. If the annual trip monitoring report finds that the Project is exceeding the established trip cap, a follow -up report shall be prepared and submitted to the City’s Director of Public Works that demonstrates compliance with the trip cap requirements within a period not to exceed six months.
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Finding: Implementation of MM TRANS-1.1 through MM TRANS-1.3 will reduce the VMT that would otherwise occur under the Project. [Less-than-Significant with Mitigation]
Facts in Support of the Finding: The construction of bike lanes and the promotion of transit and rideshare options will facilitate alternative modes of transportation, thereby reducing VMT. The lane reduction along Hedding Street would create a more bicycle -friendly environment and enhance cyclist safety. The TDM plan, which includes a trip cap, will also reduce VMT.
FINDINGS CONCERNING ALTERNATIVES
To comply with CEQA, it is important to identify alternatives that reduce any anticipated significant impacts from the project and try to meet as many of the project’s objectives as possible. The CEQA Guidelines emphasize a common-sense approach, meaning the alternatives should be reasonable, “foster informed decision making and public participation,” and focus on alternatives that avoid or substantially lessen significant impacts.
The alternatives analyzed in the Draft EIR were developed with the goal of being at least potentially feasible, given Project objectives and site constraints, while avoiding or reducing the Project’s identified environmental effects.
The objectives for the Project are as follows:
• Comply with FAA regulations and grant restrictions that pertain to the subject parcels.
• Generate revenue on Airport lands to support aviation services at SJC.
• Allow land uses on the subject parcels that would be compatible with the primary function of the land, which is airport approach protection and aircraft noise abatement.
The following alternative was considered and rejected:
Location Alternative By definition, the project is limited to Airport -owned lands, which include the Airport itself and parcels within the Guadalupe Gardens. The Airport is NVF:AXY:JMD
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already managed in such a manner to maximize revenue generation, and vacant areas of the Airport are either master planned for future Airport uses or are unsuitable for commercial development. As a result, alternative locations for the project are limited to the Airport-owned parcels within the Guadalupe Gardens.
Since the proposed project is already located in the Guadalupe Gardens, any alternative locations would be in proximity to the seven parcels comprising the project site. Additionally, roadway and utility access are required for future development, limiting commercially viable parcels to those near or adjacent to Coleman Avenue and Hedding Street. As a result, development on alternative parcels within Guadalupe Gardens would result in similar, if not identical, impacts compared to the proposed project.
Based on the above facts, discussion of an alternative location for the proposed project is not required or useful and this alternative was rejected from further consideration.
The following were evaluated as alternatives to the proposed Project in the EIR:
1. No Project Alternative #1: No Changes from Existing Conditions
2. No Project Alternative #2: Develop per Existing Land Use and Zoning Designations
3. Reduced Scale Alternative
4. Municipal Land Use Alternative
1. No Project Alternative #1: No Changes from Existing Conditions
A. Description of Alternative: The No Project Alternative #1 is defined as no changes from existing conditions. This alternative would retain the existing land uses on the subject parcels, which except for a small City of San José parks maintenance facility on a portion of Parcel 5, are all currently vacant and undeveloped.
B. Comparison of Environmental Impacts: If the subject parcels were to remain undeveloped, the impacts associated with construction and operation of the proposed project would not occur, and the baseline conditions described throughout this EIR would remain the same as they are now.
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meet the objective of complying with FAA policies and grant restrictions, including the provision for generating revenue on Airport -owned lands to support aviation services at SJC.
2. No Project Alternative #2: Develop per Existing Land Use and Zoning Designations
A. Description of Alternative: The No Project Alternative #2 is defined as development of the parcels per the existing General Plan land use designation of Open Space Parks Habitat and in accordance with the Guadalupe Gardens Master Plan (GGMP) within which the parcels are located. The subject parcels could be developed in the future with passive recreational uses consistent with the GGMP, which envisions pathways and landscaping on Parcels 1, 2, and 5, community gardens on Parcels 3 and 4, and no development on Parcels 6 and 7.
B. Comparison of Environmental Impacts: Development of these uses on the subject parcels would be less intensive than the proposed project, thereby reducing or avoiding the environmental impacts associated with construction and operation of the proposed project, such impacts that include traffic, noise, air quality, biology, hazardous materials, and GHG emissions
C. Findings: While the No Project Alternative #2 would meet the project objective of maintaining airport approach protection and aircraft noise abatement, it would not meet the objective of complying with FAA policies and grant restrictions, including the provision for generating revenue on Airport -owned lands to support aviation services at SJC.
3. Reduced Scale Alternative
A. Description of Alternative: The Reduced Scale Alternative is defined as a smaller/less intense version of the proposed Project. Under the assumption that smaller projects typically have lesser environmental effects, the purpose of evaluating reduced scale alternative(s) is to determine if the significant impacts of the Project can be avoided while at the same time achieving the project objectives.
B. Comparison of Environmental Impacts:
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site overall. Reducing the overall number of parcels to be developed could result in reduced impacts, especially where impacts are specific to a certain parcel. For example, a UST and associated pipelines could be located on Parcel 6, exposing workers and members of the public to hazardous materials during construction activities. Reducing the scale of the project to eliminate development on Parcel 6 would avoid this impact. Similarly, construction activities and future operation of certain noise -generating land uses on Parcels 3 through 7 could result in significant noise impacts on adjacent commercial uses. Eliminating one or more of these parcels from the Project would reduce or avoid these impacts.
Additionally, certain subject parcels could remain undeveloped to preserve open space as part of this alternative, however each subject parcel is adjacent to or surrounded by development and does not represent valuable open space land.
The subject parcels were selected for development because they are located near major transportation corridors and close to existing development, away from the interior parcels within the GGMP area that provide more valuable open space.
C. Findings: While the Reduced Scale Alternative would be consistent with the project objectives, it would do so to a lesser degree than the proposed project.
Further, neither the Reduced Scale Alternative nor the proposed project would result in any significant unavoidable impacts. Under the proposed Project, the scale of the proposed development on the subject parcels is already substantially limited by restrictions associated with the grant agreements between the FAA and the City when the parcels were purchased, as well as the policies of the California Airports Land Use Handbook and the ALUC’s CLUP for SJC. As a result, reducing the scale of the maximum allowable development on the subject parcels would do little to reduce or avoid environmental impacts. Furthermore, as discussed in the EIR, all of the significant environmental effects of the project will be mitigated by measures included in the Project.
An overall reduction in development associated with the Project would also reduce construction and operational impacts in general. However, as described previously, all impacts that would occur from implementation of the Project will be mitigated to less than significant levels. While reducing the scale of the Project by eliminating development on certain parcels may avoid the need for mitigation, it is not necessary to avoid any significant unavoidable impacts that would otherwise occur with implementation of the Project.
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4. Municipal Land Use Alternative
A. Description of Alternative: Under this alternative, the Project site would be limited to the development of municipal land uses such as City -operated storage or maintenance facilities. Buildings and structures would compatible with existing development regulations and restrictions by applicable plans and policies.
B. Comparison of Environmental Impacts: Municipal facilities would likely require construction activities similar in scale and nature to the proposed Project and, therefore, would not substantially reduce or avoid construction -related impacts.
Operational impacts would also be similar in nature to the proposed Project, with the possible exception of noise impacts if the municipal facilities are not substantial noise generators.
C. Findings: While the Municipal Land Use Alternative would meet the Project objective of maintaining airport approach protection and aircraft noise abatement, it would not meet the objectives of complying with FAA policies and grant restrictions pertaining to the generation of revenue on Airport lands to support aviation services at SJC. The Project is designed in such a manner to allow for the development of a wide range of commercial and/or industrial land uses on the subject parcels (refer to Table 2.4-2 in the EIR). The intent of the Project is to encompass the full range of commercially viable land uses that can be developed on the subject parcels while maintaining compatibility with the restrictions associated with the grant agreements between the FAA and the City when the parcels were purchased, the policies of the California Airports Land Use Handbook, and the ALUC’s CLUP.
Environmentally Superior Project
The environmentally superior alternative is the No Project Alternative #1 : No Changes from Existing Conditions. The No Project Alternative #1 would retain the subject parcels in their current condition. Retaining the status quo on the subject parcels would avoid all of the identified construction and operational impacts associated with the Project.
Therefore, the No Project Alternative #1 is the environmentally superior alternative.
However, while the No Project Alternative #1 would be consistent with the Project objective to protect approach/departure areas, it would not meet the objectives of complying with FAA policies and grant restrictions pertaining to the generation of revenue on Airport lands to support aviation services at SJC.
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Beyond No Project Alternative #1, No Project Alternative #2 : Develop per Existing Land Use and Zoning Designations would be the environmentally superior alternative. This conclusion is based on the fact that the project parcels would still be developed under the existing General Plan Land Use Designation , the GGMP , and Zoning District.
Development of the parcels would be limited to passive recreational uses (e.g., pathways, landscaping, community gardens, etc.) , and the environmental impacts associated with such uses would be substantially reduced, as compared to those of the proposed project.
However, while the No Project Alternative #2 would be consistent with the project objective to protect approach/departure areas, it would not meet the objectives of complying with FAA policies and grant restrictions pertaining to the generation of revenue on Airport lands to support aviation services at SJC.
MITIGATION MONITORING AND REPORTING PROGRAM
Attached to this Resolution as Exhibit “A” and incorporated and adopted as part of this Resolution herein is the Mitigation Monitoring and Reporting Program (“MMRP”) for the Project required under California Public Resources Code Section 21081.6 and Section 15097(b) of the CEQA Guidelines. The MMRP identifies impacts of the Project, corresponding mitigation, designation for responsibility for mitigation implementation and the agency responsible for the monitoring action.
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LOCATION AND CUSTODIAN OF RECORDS
The documents and other materials that constitute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the Department of Planning, Building and Code Enforcement, 200 East Santa Clara Street, 3rd Floor Tower, San José, CA 95113.
ADOPTED this ____ day of _________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
MITIGATION MONITORING AND REPORTING PROGRAM
General Plan Amendment and Planned Development Rezoning for the Coleman and Hedding Commercial Development Project Planning File Nos. GP18-012/ER23-056
April 2025
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Page | 1 File No.: GP18-012/PDC23-009/ER23-056
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 Environmental Impact Report (EIR) prepared for the Rezoning of Airport Parcels and GPA Project (the “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 MMRP 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 EIR 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 SEIR 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.
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 2 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
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File Nos. GP18-012/ER23-056
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
BIOLOGICAL RESOURCES
Impact BIO-1 Construction activities on the subject parcels could impact burrowing owls by trampling or compacting underground burrows.
MM BIO-1.1 Prior to initiation of any
construction activities (including demolition,
vegetation clearing, or ground disturbance) on each of
the subject parcels, a qualified biologist shall conduct preconstruction surveys in all potentially suitable
burrowing owl habitat on and within 250 feet of the
area in which ground disturbance is proposed. To
maximize the likelihood of detecting owls, the
preconstruction survey shall last a minimum of three
hours. The survey shall begin one hour before sunrise
and continue until two hours after sunrise (three hours total) or begin two hours before sunset and continue
until one hour after sunset. A minimum of two
surveys shall be conducted (if owls are detected on the first survey, a second survey is not needed). Owls
observed shall be counted and their location shall be
mapped.
Surveys shall conclude no more than two calendar
days prior to the initiation of ground disturbing
activities; thus, surveys shall begin no less than four days prior to the initiation of ground disturbing
activities (two days of surveying plus up to two days
between surveys and ground disturbing activities). To
avoid last-minute changes in schedule that may occur
if burrowing owls are found, a preliminary survey
may be conducted up to 14 days before construction.
This preliminary survey may count as the first of the
Conduct preconstruction
surveys in all potentially
suitable burrowing owl
habitat on and within 250
feet of the area in which
ground disturbance is
proposed. A minimum of
two surveys shall be
conducted (if owls are
detected on the first survey,
a second survey is not
needed).
Prior to the initiation of
any construction activities
(including demolition,
vegetation clearing, or
ground disturbance) for
development projects on
the subject parcels. The
survey shall begin one
hour before sunrise and
continue until two hours
after sunrise or begin two
hours before sunset and
continue until one hour
after sunset.
Surveys shall conclude no
more than two calendar
days prior to the initiation
of ground disturbing
activities. To avoid last-
minute changes in
schedule, a preliminary
survey may be conducted
up to 14 days before
construction.
The results of the surveys
shall be submitted to the
City of San José
Director of
Planning,
Building and
Code
Enforcement
(PBCE) or
Director’s
designee.
Review and
approve
preconstruction
survey reports.
Prior to the
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance) on
each parcel.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 3 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
two required surveys, as long as the second survey
concludes no more than two calendar days in advance
of construction. If construction on different parcels
commences on different timelines, separate surveys
need to be conducted for each parcel to ensure that
surveys occur just prior to the start of construction on each parcel. The results of the preconstruction surveys shall be submitted to the City of San José Director of
Planning, Building and Code Enforcement or
Director’s designee no more than 14 days prior to
ground disturbing activities or the issuance of any tree removal, grading, demolition, or building permits.
If the preconstruction survey does not identify the
presence of burrowing owls on or within 250 feet of
the area in which ground disturbance is proposed, no
further measures are necessary. However, should the
preconstruction survey determine the presence of
burrowing owls on or within 250 feet the area in
which ground disturbance is proposed, then the
Project proponent shall implement the following
avoidance measures.
• Avoidance during the Breeding Season. If
evidence of burrowing owls is found during
the breeding season (February 1 to August
31), all nesting or roosting sites that could be
disturbed by Project construction activities
shall be avoided during the remainder of the
breeding season (if owls remain throughout
the breeding season) or while the nest (i.e., a
If evidence of burrowing
owls is found during the
breeding season (February 1
to August 31), all nesting or
roosting sites that could be
disturbed by Project
construction activities shall
be identified by the qualified
biologist and avoided during
the remainder of the
breeding season. A 250-foot
non-disturbance buffer zone
shall be established around
nests. Construction activities
may occur outside of the
250-foot non-disturbance
buffer zone.
Construction activities may
occur inside of the 250-foot
non-disturbance buffer
during the breeding season
City of San José Director
of PBCE or Director’s
designee no more than 14
days prior to ground
disturbing activities
(including demolition,
vegetation clearing, or
construction activities).
If evidence of burrowing
owls is found during the
breeding season (February
1 to August 31), then
during the remainder
construction occurring
during the breeding
season.
City of San José
Director of
PBCE or
Director’s
designee
City of San José
Director of
PBCE or
Director’s
designee and
the California
Department of
Fish and
Wildlife.
Receive
documentation of
any detected
burrowing owls
and evidence of
established 250-
feet construction-
free buffers.
Receive the
avoidance,
minimization, and
monitoring plan
that has been
reviewed and
approved by the
CDFW.
Once evidence
of burrowing
owls is
discovered and
during the
remainder of the
breeding season.
Prior to
allowing
construction
activities to
occur inside of
the 250-foot
non-disturbance
buffer during
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 4 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
burrow occupied during the period February
1 to August 31) is occupied by adults or
young (occupation includes individuals or
family groups foraging on or near the site
following fledging). Although burrowing
owls are unlikely to nest on the subject
parcels, there is a remote possibility that
nesting may occur. Wintering owls in Santa
Clara County often remain past February 1,
at which time they cannot be distinguished
from breeding birds. As a result, any owl
present between February 1 and August 31
will be considered a potential breeder unless
and until it leaves the site.
Avoidance shall include establishment of a
250-foot non-disturbance buffer zone around
nests. Construction activities may occur
outside of the 250-foot non-disturbance
buffer zone. Construction activities may
occur inside of the 250-foot non-disturbance
buffer during the breeding season only if the
nest is not disturbed, and a qualified biologist
develops an avoidance, minimization, and
monitoring plan that is reviewed and
approved by the California Department of
Fish and Wildlife prior to Project
construction and meets all of the following
criteria:
only if the nest is not
disturbed, and a qualified
biologist develops an
avoidance, minimization,
and monitoring plan that is
reviewed and approved by
the CDFW prior to Project
construction.
the breeding
season.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 5 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
1. A qualified biologist monitors the owls
for at least three days prior to
construction to determine baseline
nesting and foraging behavior (i.e.,
behavior without construction).
2. The same qualified biologist monitors
the owls during construction and finds no
change in owl nesting and foraging
behavior in response to construction
activities.
3. If there is any change in owl nesting and
foraging behavior as a result of
construction activities, all disturbance
activities shall cease within the 250-foot
buffer. Construction shall not resume
within the 250-foot buffer until the adults
and juveniles from the occupied burrows
have moved out of the Project area and
250-foot buffer.
4. If monitoring indicates that the nest is
abandoned prior to the end of the nesting
season (as would occur if a wintering
owl lingered past February 1 and then
eventually migrated to its breeding areas
outside the region), and the burrow is no
longer in use by owls, the non-
disturbance buffer zone may be removed.
The qualified biologist will excavate the
burrow to ensure that no owls are present
and to prevent reoccupation after
receiving approval from the CDFW.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 6 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
• Avoidance during the Non-Breeding Season.
During the non-breeding season (September
1 through January 31), a 250-foot non-
disturbance buffer shall be established
around occupied burrows as determined by a
qualified biologist. Construction activities
outside of this 250-foot buffer are allowed.
Construction activities within the 250-foot
buffer are allowed if all of the following
criteria are met in order to prevent owls from
abandoning important overwintering sites:
1. A qualified biologist monitors the owls
for at least three days prior to
construction to determine baseline
foraging behavior (i.e., behavior without
construction).
2. The same qualified biologist monitors
the owls during construction and finds no
change in owl foraging behavior in
response to construction activities.
3. If there is any change in owl nesting and
foraging behavior as a result of
construction activities, all disturbance
activities shall cease within the 250-foot
buffer.
4. If the owls are gone for at least one
week, the Project proponent may request
approval from the CDFW that a qualified
biologist excavate usable burrows to
If evidence of burrowing
owls is found during the
non-breeding season
(September 1 through
January 31), a 250-foot non-
disturbance buffer shall be
established around occupied
burrows as determined by a
qualified biologist.
Construction activities
outside of this 250-foot
buffer are allowed
Construction activities
within the 250-foot buffer
are allowed if criteria 1-4
listed in MM BIO-1.1
regarding construction
within the 250-foot buffer
during the non-breeding
season are met in order to
prevent owls from
abandoning important
overwintering sites.
If evidence of burrowing
owls is found during the
non-breeding season
(September 1 through
January 31), then prior to
any construction activities
within the 250-foot buffer.
City of San José
Director of
PBCE or
Director’s
designee and
CDFW.
Prior to any
construction
activities within
the 250-buffer,
ensure criteria 1-4
listed in MM
BIO-1.1 regarding
construction
within the 250-
foot buffer during
the non-breeding
season are met.
Prior to any
construction
activities within
the 250-foot
buffer.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 7 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
prevent owls from re-occupying the site.
After all usable burrows are excavated,
the buffer zone will be removed and
construction may continue. Monitoring
must continue as described above for the
non-breeding season as long as the
burrow remains active.
• Construction Monitoring. Based on the
avoidance, minimization, and monitoring
plan developed during construction, a non-
disturbance buffer zones shall be established
and maintained. A qualified biologist shall
monitor the site, consistent with the
requirements described above to ensure that
buffers are enforced and owls are not
disturbed. The biological monitor shall also
conduct training of construction personnel on
the avoidance procedures, buffer zones, and
protocols in the event that a burrowing owl
flies into an active construction zone or
within 250 feet of such zone.
• Passive Relocation. Passive relocation shall
only be allowed, with the approval of the
CDFW, during the non-breeding season
(September 1 through January 31), and may
only occur if the burrow needs to be removed
or could collapse from construction activities.
If passive relocation is allowed by CDFW, a
qualified biologist shall passively exclude
Establish and maintain non-
disturbance buffer zones. A
qualified biologist shall
monitor the site to ensure
that buffers are enforced and
owls are not disturbed. The
biological monitor shall also
conduct training of
construction team on
avoidance procedures,
buffer zones, and protocols
in the event a burrowing owl
flies within 250 feet or into
an active construction zone.
Buffer zone shall be
established prior to
construction activities and
shall be monitored
throughout construction.
Training shall occur prior
to construction.
Passive relocation shall
only be allowed during the
non-breeding season
(September 1 through
January 31). Burrow-
City of San José
Director of
PBCE or
Director’s
designee.
California
Department of
Receive
monitoring reports
submitted by the
qualified biologist
during
construction and
receive evidence
that training is
conducted.
Review and
approve/deny
Ensure buffer
zone is enforced
throughout
construction,
that construction
monitoring
occurs
throughout
construction,
and that training
occurs prior to
construction.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 8 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
birds from their burrows during non-breeding
season only by installing one-way doors in
burrow entrances. These doors shall be in
place for at least 48 hours to ensure owls
have left the burrow, and then the qualified
biologist shall excavate the burrow to prevent
reoccupation. Burrows shall be excavated
using hand tools. During excavation, an
escape route shall be maintained at all times.
This may include inserting an artificial
structure into the burrow to avoid having the
overburden collapse into the burrow and trap
owls inside.
A qualified biologist shall
passively exclude birds from
their burrows during non-
breeding season only by
installing one-way doors in
burrow entrances. These
doors shall be in place for at
least 48 hours to ensure
owls have left the burrow,
and then the qualified
biologist shall excavate the
burrow to prevent
reoccupation. Burrows shall
be excavated using hand
tools. During excavation, an
escape route shall be
maintained at all times. This
may include inserting an
artificial structure into the
burrow to avoid having the
overburden collapse into the
burrow and trap owls inside.
excluding one-way doors
shall be in place for at least
48 hours to ensure owls
have left the burrow, and
then the qualified biologist
shall excavate the burrow
to prevent reoccupation.
During excavation, an
escape route shall be
maintained at all times.
Fish and
Wildlife.
request for
passive relocation.
During non-
breeding season
and throughout
process of
passive
relocation, if
approved.
Impact BIO-2 Development of the proposed Project would result in impacts to nesting birds, if present on the site at the time of construction.
MM BIO-2.1 The Project developer shall avoid
construction activities during 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).
Avoid construction activities
during the nesting season.
During Construction. Director of
PBCE or
Director’s
designee.
Receive
construction
schedule from the
Project proponent
to ensure
Throughout
nesting bird
season.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 9 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
construction
activities do not
take place during
nesting season,
and if they do,
ensure BIO-2.2 is
enforced.
MM BIO-2.2 If construction activities cannot be
scheduled between September 1st and January 31st
(inclusive), pre- construction surveys for nesting birds will be completed by a qualified ornithologist to
ensure that no active nests shall be disturbed during
project implementation. This survey must be
completed no more than 7 days prior to the initiation
of construction activities (including demolition,
vegetation clearing, or ground disturbance) during the
breeding season (February 1st through August 31st
inclusive). During this survey, the qualified
ornithologist shall inspect all vegetation, structures, trees and other possible nesting habitats (including the ground), in and immediately adjacent to the Project
construction areas for active nests (i.e., nests with
eggs or young). If construction activity ceases for 7
days or more, a new survey shall be conducted.
If construction activities
cannot be scheduled
between September 1st and
January 31st (inclusive),
pre-construction surveys for
nesting birds will be
completed by a qualified
ornithologist. During this
survey, the qualified
ornithologist shall inspect
all trees and other possible
nesting habitats immediately
adjacent to the construction
areas for nests.
This survey must 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).
Director of
PBCE or
Director’s
designee.
Review pre-
construction
survey reports.
Review reports
for surveys of
which were
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
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 10 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
through August
31st inclusive).
MM BIO-2.3 If, during the survey described in
MM BIO-2.2, the qualified ornithologist finds an
active nest sufficiently close to work areas to be
disturbed by construction, the qualified ornithologist, in consultation with the CDFW, shall determine the
extent of a construction free buffer zone to be
established around the nest, typically 100 feet for non- raptors and 300 feet for raptors, to ensure that raptor or migratory bird nests shall not be disturbed during
project construction. The buffer distances shall be
specified to protect the bird’s normal behavior to
prevent nesting failure or abandonment and comply
with Fish and Game Code section 3500 et seq. and the
federal MBTA. Abnormal nesting behaviors which
may cause reproductive harm include, but are not
limited to, defensive flights/vocalizations directed
towards Project personnel, standing up from a
brooding position, and flying away from the nest. The
qualified biologist shall have authority to order the
cessation of all nearby Project activities if the nesting birds exhibit abnormal behavior which may cause
reproductive failure (nest abandonment and loss of
eggs and/or young) until an appropriate buffer is
established.
The qualified biologist shall monitor the behavior of
the birds (adults and young, when present) at the nest
site to ensure that they are not disturbed by Project
If the qualified ornithologist
finds an active nest
sufficiently close to work
areas to be disturbed by
construction, the qualified
ornithologist, in consultation
with the CDFW, shall
determine the extent of a
construction free buffer
zone to be established
around the nest, typically
250 feet, to ensure that
raptor or migratory bird
nests shall not be disturbed
during Project construction.
Prior to Project
construction once an active
nest is discovered.
The California
Department of
Fish and
Wildlife.
Determine the
extent of a
construction free
buffer zone to be
established around
the nest to ensure
that raptor or
migratory bird
nests shall not be
disturbed during
Project
construction.
Prior to Project
construction
once an active
nest is
discovered.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 11 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
work. Nest monitoring shall continue during Project
work until the young have fully fledged (have
completely left the nest site and are no longer being
fed by the parents), as determined by the qualified
biologist, unless otherwise approved in writing by
CDFW.
MM BIO-2.4 Prior to initiation of any
construction activities (including demolition,
vegetation clearing, or ground disturbance)
(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, Building and Code
Enforcement or the Director’s designee and the
CDFW.
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 PBCE or
the Director’s designee.
Prior to initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground disturbance)
(whichever occurs first).
City’s Director
of PBCE or the
Director’s
designee.
Review and
approve the report
indicating the
results of the
survey and any
designated buffer
zones.
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)
(whichever
occurs first).
Impact BIO-3 Development of the proposed Project could result in an increase in nitrogen deposition that could result in adverse effects on habitat for the Bay checkerspot butterfly and rare serpentine-associated plants located off-site.
MM BIO-3.1 Prior to initiation of any
construction activities (including demolition,
vegetation clearing, or ground disturbance) for the
development of each parcel, the Project proponent
shall submit a project-specific Santa Clara Habitat
Agency (SCVHA) Nitrogen Deposition Application to
the Director of Planning, Building and Code
Enforcement, or the Director’s designee and pay
Submit a SCVHA Nitrogen
Deposition Application and
pay the nitrogen deposition
fee that applies to covered
activities, based on new
daily vehicle trips.
The fee will be paid prior
to the initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground disturbance)for the
development of each
parcel.
City’s Director
of PBCE or the
Director’s
designee and
the Santa Clara
Valley Habitat
Agency.
Review the
Nitrogen
Deposition
Application and
collect applicable
nitrogen
deposition fees to
submit to the
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 12 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
applicable nitrogen deposition fees to SCVHA. The
Project proponent shall pay the nitrogen deposition fee that applies to covered activities based on new daily
vehicle trips generated by the development of each
parcel.
Santa Clara
Valley Habitat
Agency for each
parcel.
ground
disturbance)for
the development
of each parcel.
CULTURAL RESOURCES
Impact CUL-1 On-site construction activities could impact buried prehistoric or historic archaeological materials.
MM CUL-1.1 Cultural Sensitivity Training: Prior
to initiation of any construction activities (including demolition, vegetation clearing, or ground
disturbance), the Project proponent shall conduct a
Cultural Awareness Training for construction
personnel. The training shall be facilitated by a
qualified project archaeologist in collaboration with a Native American representative registered with the
Native American Heritage Commission 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.
Documentation verifying that Cultural Awareness
Training has been conducted shall be submitted to the
Director of PBCE or the Director’s designee.
Conduct Cultural Awareness
Training for construction
personnel. The training shall
be facilitated by a qualified
project archaeologist in
collaboration with a Native
American representative
registered with the Native
American Heritage
Commission 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. Submit
documentation verifying
that Cultural Awareness
Training has been conducted
to the Director of PBCE or
the Director’s designee.
Prior to initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground disturbance)
The Director of
PBCE or the
Director's
designee.
Review and
approve
documentation
verifying that
Cultural
Awareness
Training has been
conducted.
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 13 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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 CUL -1.2 Monitoring Plan: Prior to initiation
of any construction activities (including demolition,
vegetation clearing, or ground disturbance)(whichever
occurs first), a qualified archeologist, in consultation with a Native American representative registered with
the Native American Heritage Commission 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 prepare
a monitoring plan for all earthmoving activities. The
Plan shall be submitted to the Director of PBCE or the
Director’s designee for review. The plan shall include, but is not limited to, the following: plan could include a combination of some of the following measures:
• Monitoring Schedules
• Contact information
• Recommendation for monitoring methods
• Timing of reporting finds
A qualified archeologist, in
consultation with a Native
American representative
registered with the Native
American Heritage
Commission 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
prepare a monitoring plan
for all earthmoving
activities. The Plan shall be
submitted to the Director of
PBCE or the Director’s
designee for review.
Prior to initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground
disturbance)(whichever
occurs first).
Director of
PBCE or the
Director’s
designee.
Review and
approve the
monitoring plan
for all
earthmoving
activities.
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)(wh
ichever occurs
first).
MM CUL -1.3 Sub-Surface Monitoring: A
qualified archeologist in collaboration with a Native
American monitor, registered with the Native
American Heritage Commission for the City of San
José and who is traditionally and culturally affiliated with the geographic area as described in Public
Resources Code Section 21080.3, shall also be present
during applicable earthmoving activities in accordance
with the Monitoring Plan in MM CUL-1.2. These
could include but not are not limited to, trenching,
A qualified archeologist in
collaboration with a Native
American monitor,
registered with the Native
American Heritage
Commission for the City of
San José and who is
traditionally and culturally
affiliated with the
geographic area as described
During applicable
earthmoving activities in
accordance with the
Monitoring Plan in MM
CUL-1.2.
Director of
PBCE or the
Director’s
designee.
Ensure a qualified
archaeologist is
present during
applicable
earthmoving
activities in
accordance with
the Monitoring
Plan in MM CUL-
1.2. During
applicable
earthmoving
activities in
accordance with
the Monitoring
Plan in MM
CUL-1.2.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 14 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
initial or full grading, lifting of foundation, boring on site, or major landscaping.
in Public Resources Code
Section 21080.3, shall be
present during applicable
earthmoving activities in
accordance with the
Monitoring Plan in MM
CUL-1.2.
MM CUL -1.4 Evaluation: The Project proponent
shall notify the Director of PBCE or Director’s
designee of any finds during the grading or other
construction activities. Any historic or prehistoric
material identified in the Project area during the
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 the
issuance of an occupancy permit. A copy of the
evaluation shall be submitted to the Director of PBCE
or the Director’s designee.
The Project proponent shall
notify the Director of PBCE
or Director’s designee of
any finds during the grading
or other construction
activities. Any historic or
prehistoric material
identified in the Project area
during the 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. 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
Notify the Director of
PBCE or Director’s
designee of any finds
immediately. 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
occupancy.
Director of
PBCE or
Director’s
designee.
Review the
evaluation of any
historic or
prehistoric
material and
confirm that the
evaluation is
submitted to the
Northwest
Information
Center and Native
American
Heritage
Commission
(NAHC) Sacred
Land Files, and/or
equivalent.
Prior to
occupancy.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 15 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
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 the
issuance of an occupancy
permit. A copy of the
evaluation shall be
submitted to the Director of
PBCE or the Director’s
designee.
GREENHOUSE GASES
Impact GHG-1 Development on the subject parcels could result in GHG emissions considered significant if the electric vehicle and natural g as requirements of BAAQMD Threshold A are not met.
MM GHG-1.1 Development on the subject parcels
shall be required to be compliant with the off -street
electric vehicle requirements in the most recently
adopted version of CALGreen Tier 2. The Project
proponent shall submit p lans demonstrating
compliance to the Director of P BCE, or the Director's
designee, for review and approval prior to any
construction activities (including demolition,
vegetation clearing, or ground disturbance).
Submit plans demonstrating
compliance with the off -
street electric vehicle
requirements in the most
recently adopted version of
CALGreen Tier 2 to the
Director of P BCE or the
Director's designee.
Prior to any construction
activities (including
demolition, vegetation
clearing, or ground
disturbance).
The Director of
PBCE, or the
Director's
designee.
Review and
approve plans
demonstrating
development of
parcels complies
with the off -street
electric vehicle
requirements in
the most recently
Prior to any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 16 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
adopted version of
CALGreen Tier 2.
MM GHG-1.2 Development on the subject
parcels shall not have natural gas appliances or natural gas plumbing. Project proponent shall submit plans
demonstrating compliance to the Director of PBCE, or
the Director's designee, for review and approval prior
to any construction activities (including demolition,
vegetation clearing, or ground disturbance)
Submit plans demonstrating
compliance of not having
natural gas appliances or
natural gas plumbing to the
Director of PBCE, or the
Director's designee, for
review and approval.
Prior to any construction
activities (including
demolition, vegetation
clearing, or ground
disturbance)
The Director of
PBCE, or the
Director's
designee.
Review and
approve plans
demonstrating that
development on
the parcels will
not have natural
gas appliances or
natural gas
plumbing.
Prior to any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)
HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1 Former historical Underground Storage Tanks (USTs) and associated pipelines could be located on Parcel 6, which has the potential to expose workers and members of the public to hazardous materials during construction activities and pose potential public health risks to fut ure site visitors.
MM HAZ-1.1 Prior to initiation of any
construction activities (including demolition,
vegetation clearing, or ground disturbance), the
Project proponent for Parcel 6 shall complete a
Geophysical Survey of the parcel to determine if all
historical USTs and their associated pipelines have
been removed.
If USTs or associated pipelines are discovered, then
the proponent shall complete, submit, and pay the
required fees for 1) a Underground Storage Tanks
System Closure Permit Application with the County
of Santa Clara Hazardous Materials Compliance
Division and 2) required closure documents with the
San José Fire Department’s Hazardous Materials
Division. Closure of the USTs shall consist of
Project proponent for Parcel
6 shall complete a
Geophysical Survey to
determine if all historical
USTs and associated
pipelines have been
removed.
If USTs or associated
pipelines are discovered,
then the proponent shall
complete, submit, and pay
required fees. The proponent
shall close the USTs,
remove tanks, and complete
soil sampling in compliance
Prior to initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground disturbance)
Director of
PBCE or
Director’s
designee.
If USTS or
associated
pipelines are
discovered, then
oversight
responsibility
could also fall
to:
County of Santa
Clara
Hazardous
Review
Geophysical
Survey.
Depending on
results of survey,
the following
actions may also
be required:
ensure required
fees are paid,
witness tank
removal and soil
sampling, review
the soil analytical
results, refer the
site to the County
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 17 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
removing the tanks and associated piping from the
ground and performing soil sampling to evaluate if
there is residual contamination from the former
operation of the tank. Tank removal and soil sampling
activities must be witnessed by a representative from
both HMCD and San José Fire Department. The tanks
and associated piping are to be managed as hazardous
waste once removed unless they are cleaned onsite
and certified as non-hazardous
After tank removal, a representative of the County of
Santa Clara Hazardous Materials Compliance
Division will require soil sampling beneath the tanks.
Samples will be submitted to a State certified
laboratory for analysis. The County of Santa Clara
Hazardous Materials Compliance Division will review
the soil analytical results to determine if the tank has leaked. If the tanks or piping are determined to have
leaked, the County of Santa Clara Hazardous
Materials Compliance Division will refer the site to
the County of Santa Clara Local Oversight Program.
The proponent will work with HMCD to determine
next steps to investigate the contamination. The
County of Santa Clara Hazardous Materials
Compliance Division may require additional testing to
fully delineate the extent of contamination. Once the
extent of contamination is defined, some form of
remediation such as excavation, offsite disposal,
capping in place, etc. may be required to reduce
potential exposure impacts to future
construction/maintenance workers, residents, and the
with the requirements
discussed in MM HAZ-1.1.
If the tanks or piping are
determined to have leaked,
the County of Santa Clara
Hazardous Materials
Compliance Division will
refer the site to the County
of Santa Clara Local
Oversight Program. The
proponent will work with
HMCD to determine next
steps to investigate the
contamination. The County
of Santa Clara Hazardous
Materials Compliance
Division may require
additional testing to fully
delineate the extent of
contamination. Once the
extent of contamination is
defined, some form of
remediation such as
excavation, offsite disposal,
capping in place, etc.. may
be required to reduce
potential exposure impacts
to future
construction/maintenance
workers, residents, and the
Materials
Compliance
Division, San
José Fire
Department’s
Hazardous
Materials
Division,
County of Santa
Clara Local
Oversight
Program
of Santa Clara
Local Oversight
Program,
determine if
additional testing
to fully delineate
the extent of
contamination is
required,
determine if
remediation is
required, and if
so, oversee it,
ensure all are
disposed of offsite
at a licensed
hazardous
materials disposal
site, and review
report
documenting that
remediation has
been completed.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 18 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
general public. All contaminated soils shall be
disposed of offsite at a licensed hazardous materials
disposal site. A report documenting that remediation
has been completed to the County of Santa Clara
Hazardous Materials Compliance Division and the
San José Fire Department’s satisfaction shall be
submitted to the Director of PBCE prior any
construction activities (including demolition,
vegetation clearing, or ground disturbance)
general public. All
contaminated soils shall be
disposed of offsite at a
licensed hazardous materials
disposal site. A report
documenting that
remediation has been
completed to the County of
Santa Clara Hazardous
Materials Compliance
Division and the San José
Fire Department’s
satisfaction shall be
submitted to the Director of
PBCE prior to issuance of
the grading permit.
Impact HAZ-2 Potential soil, soil gas and groundwater contamination located on the subject property due to its former agriculture and fuel service station history, and off-site sources of contamination could expose construction workers and members of the public to hazardous materials during const ruction activities and pose potential public health risks to future site visitors.
MM HAZ-2.1 Prior to initiation of any
construction activities (including demolition,
vegetation clearing, or ground disturbance), a
qualified environmental specialist shall collect soil,
groundwater, and soil vapor samples from the Project
site where soil disturbance is anticipated and have the samples analyzed to determine if potential
contamination is located onsite with concentrations
above established construction worker and
commercial/industrial environmental screening levels.
The samples shall be tested for organochlorine
A qualified environmental
specialist shall collect soil,
groundwater, and soil vapor
samples from the Project
site where soil disturbance is
anticipated and have the
samples analyzed. The
samples shall be tested in
accordance with MM HAZ-
2.1 and a report of the
findings will be provided to
Prior to initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground disturbance).
Director of
PBCE or
Director’s
designee, the
Department and
the Municipal
Compliance
Officer of the
City of San José
Environmental
Review the report
summarizing
findings of
sampling. Review
and approve
evidence of
regulatory
oversight and
approved plan(s),
if required.
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 19 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
pesticides and pesticide-based metals, arsenic, and
lead, petroleum hydrocarbons, and VOCs. Once the
soil sampling analysis is complete, a report of the
findings will be provided to the City of San José’s
Director of PBCE, or the Director’s designee, and the
Department and the Municipal Compliance Officer of
the City of San José Environmental Services
Department for review.
If contaminated soil, groundwater, or soil vapor is
found in concentrations above established regulatory
environmental screening levels that requires the
oversight of regulatory agencies, the Project
proponent must obtain regulatory oversight from the
RWQCB, Department of Toxic Substances Control, or
the Santa Clara County Department of Environmental
Health under their Site Cleanup Program. A Site
Management Plan (SMP), Removal Action Plan
(RAP), or equivalent document shall be prepared by a
qualified environmental consultant under regulatory
oversight and approval that identifies remedial
measures and/or soil management practices to ensure
construction worker safety and the health of future site occupants. All measures identified in the plan(s) shall be implemented during all phases of construction, as
applicable. Evidence of regulatory oversight and
approved plan(s) shall be submitted to the Director of
Planning, Building and Code Enforcement, or the
the City of San José’s
Director of PBCE, or the
Director’s designee, and the
Department and the
Municipal Compliance
Officer of the City of San
José Environmental Services
Department for review.
If contamination is found in
concentrations above
established regulatory
environmental screening
levels that requires the
oversight of regulatory
agencies, the Project
proponent must obtain
regulatory oversight under
their Site Cleanup Program.
A SMP, RAP, or equivalent
document shall be prepared
under regulatory oversight.
Evidence of regulatory
oversight and approved
plan(s) shall be submitted to
the Director of PBCE, or the
Director’s designee, and the
Department and the
Municipal Compliance
Officer of the City of San
Services
Department.
If
contamination
is found in
concentrations
above
established
regulatory
environmental
screening
levels, then the
RWQCB,
Department of
Toxic
Substances
Control, or the
Santa Clara
County
Department of
Environmental
Health would
have oversight
responsibility.
If contamination
is found above
established
regulatory
environmental
screening levels,
the RWQCB,
Department of
Toxic Substances
Control, or the
Santa Clara
County
Department of
Environmental
Health shall
provide regulatory
oversight and
oversee
completion of a
SMP, RAP, or
equivalent
document that
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 20 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
Director’s designee, and the Department and the
Municipal Compliance Officer of the City of San José
Environmental Services Department for approval prior
to the issuance of any grading permits.
José Environmental Services
Department for approval.
identifies remedial
measures and/or
soil management
practices And
ensure all
measures
identified in the
plan(s) are
implemented
during all phases
of construction, as
applicable. The
Director of PBCE
or Director’s
designee and the
Department and
the Municipal
Compliance
Officer of the City
of San José
Environmental
Services
Department
receives a copy of
the approved
SMP, RAP, or
equivalent
document.
NOISE AND VIBRATION
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 21 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
Impact NOI-1 Construction activities could expose nearby commercial receptors within 200 feet of the subject parcels to noise levels that exceed the exterior threshold of 85 dBA Leq, resulting in a significant impact according to Policy EC -1.7 of the City’s General Plan.
MM NOI – 1.1 Pursuant to General Plan Policy
EC-1.7, prior to initiation of any construction
activities (including demolition, vegetation clearing,
or ground disturbance), a construction noise logistics
plan shall be prepared that specifies hours of
construction, noise and vibration minimization
measures, posting or notification of construction
schedules, and designation of a noise disturbance
coordinator who would respond to neighborhood
complaints will be required to be in place prior to the start of construction and implemented during
construction to reduce noise impacts on nearby uses.
Project construction operations shall use best available noise suppression devices and techniques including,
but not limited to the following:
• Limit construction hours to between 7:00
a.m. and 7:00 p.m., Monday through Friday,
unless permission is granted with a
development permit or other planning
approval. No construction activities are
permitted on the weekends at sites within 500
feet of a residence. Construction outside of
these hours may be approved through a
development permit based on a site-specific
“construction noise mitigation plan” and a
finding by the Director of PBCE that the
construction noise mitigation plan is
adequate to prevent noise disturbance of
affected residential uses.
A construction noise
logistics plan shall be
prepared.
Prior to initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground disturbance)
Director of
PBCE or
Director’s
designee.
Review and
approve the
construction noise
logistics plan.
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 22 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
• Construct solid plywood fences or similar
around ground level construction sites
adjacent to operational businesses. A
temporary 10-foot noise barrier shall be
constructed along the property lines of the
Project sites to shield adjacent commercial
uses from ground-level construction
equipment and activities. The noise barrier
shall be solid over the face and at the base of
the barrier in order to provide a 10 dBA noise
reduction.
• Equip all internal combustion engine-driven
equipment with intake and exhaust mufflers
that are in good condition and appropriate for
the equipment.
• Prohibit unnecessary idling of internal
combustion engines.
• Locate stationary noise-generating equipment
such as air compressors or portable power
generators as far as possible from sensitive
receptors. Construct temporary noise barriers
to screen stationary noise-generating
equipment when located near adjoining
sensitive land uses.
• Utilize “quiet” air compressors and other
stationary noise sources where technology
exists.
• Control noise from construction workers’
radios to a point where they are not audible at
existing residences bordering the Project site.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 23 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
• 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.
• 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.
Impact NOI-2 Noise levels produced by operations allowed under the Project could exceed 55 dBA DNL at the nearest residential receptors or 60 dBA at the nearest commercial uses, thereby causing a significant impact.
MM NOI – 2.1 Prior to initiation of any
construction activities (including demolition,
vegetation clearing, or ground disturbance), a
qualified acoustical consultant shall review the final
design plans to address any potential conflicts with the General Plan or Municipal Code for any development
of the subject parcels that consist of the following land uses:
A qualified acoustical
consultant shall review the
final design plans to address
any potential conflicts with
the General Plan or
Municipal Code.
Prior to initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground disturbance).
Director of
PBCE or
Director’s
designee.
Review and
approve evidence
that a qualified
acoustical
consultant has
reviewed the final
design plans.
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 24 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
• Animal boarding
• Any use without a permanent fully enclosed
building on-site
• Car wash
• Detailing
• Recreation
• Commercial outdoor
• Winery, brewery, or distillery
An acoustical study shall be prepared during final
building design to evaluate the potential noise
generated by building mechanical equipment and
demonstrate the necessary noise control to meet the
City’s 55 dBA DNL goal for residences and 60 dBA
LDN goal at commercial uses as per the Municipal
Code Performance Standards. Noise control features
such as sound attenuators, baffles, and barriers shall
be identified and evaluated to demonstrate that
mechanical equipment noise would not exceed the
respective appropriate thresholds at noise-sensitive
locations around the Project site. The noise control
features identified by the study shall be incorporated
into the Project prior to issuance of a building permit.
An acoustical study shall be
prepared during final
building design to evaluate
the potential noise generated
by building mechanical
equipment and demonstrate
the necessary noise control
per the Municipal Code
Performance Standards. The
noise control features
identified by the study shall
be incorporated into the
Project prior to issuance of a
building permit.
The acoustical study shall
be prepared during final
building design. The noise
control features identified
by the study shall be
incorporated into the
Project prior to issuance of
a building permit.
Director of
PBCE or
Director’s
designee.
Review and
approve acoustical
study.
ground
disturbance)
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance)
Impact NOI-3 Construction activities on the Project site could cause significant ground borne vibration impacts to adjacent structures that exceed the City’s vibration threshold of 0.2 in/sec PPV.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 25 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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 NOI – 3.1 Prior to initiation of any
construction activities (including demolition,
vegetation clearing, or ground disturbance), the
Project proponent shall implement the following
measures at Project parcels that are within 30 feet of
existing structures where construction vibration levels could exceed 0.2 in/sec PPV for buildings of
conventional construction:
• A list of all heavy construction equipment to
be used for the development known to
produce high vibration levels (e.g., tracked
vehicles, vibratory compaction,
jackhammers, hoe rams, clam shovel drop,
and vibratory roller, etc.) shall be submitted
to the City by the contractor. This list shall
be used to identify equipment and activities
that would potentially generate substantial
vibration and to define the level of effort for
reducing vibration levels below the
thresholds.
• Place operating equipment on the
construction site as far as possible from
vibration-sensitive receptors.
• Smaller equipment to minimize vibration
levels to below 0.2 in/sec PPV shall be used
at the property lines. For example, a smaller
vibratory roller, such as the Caterpillar model
CP433E vibratory compactor, could be used
Implement measures
identified under MM NOI-
3.1 at Project parcels that
are within 30 feet of existing
structures where
construction vibration levels
could exceed 0.2 in/sec PPV
for buildings of
conventional construction.
Include the measures in a
vibration mitigation plan,
which will be submitted to
the Director of Planning,
Building, and Code
Enforcement, or the
Director’s designee.
Prior to initiation of any
construction activities
(including demolition,
vegetation clearing, or
ground disturbance).
Director of
PBCE or
Director’s
designee.
Review and
approve vibration
mitigation plan.
Prior to
initiation of any
construction
activities
(including
demolition,
vegetation
clearing, or
ground
disturbance).
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 26 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
when compacting materials within 30 feet of
adjacent conventional buildings.
• Avoid using vibratory rollers and clam
shovel drops near sensitive areas.
• Select demolition methods not involving
impact tools.
• Modify/design or identify alternative
construction methods to reduce vibration
levels below the limits.
• Avoid dropping heavy equipment and use
alternative methods for breaking up existing
pavement, such as a pavement grinder,
instead of dropping heavy objects, within 30
feet of adjacent conventional buildings.
• Designate a person responsible for
registering and investigating claims of
excessive vibration. The contact information
of such a person shall be clearly posted on
the construction site.
The above measures will be included in a vibration
mitigation plan, which will be submitted to the
Director of PBCE, or the Director’s designee prior to
initiation of any construction activities (including
demolition, vegetation clearing, or ground
disturbance).
Impact NOI-4 Without noise insulating features, development of the subject parcels could be incompatible with the CLUP’s noise policies, thereby exposing people to excessive noise levels.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 27 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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 NOI – 4.1 Prior to occupancy, a detailed
analysis of noise reduction requirements shall be
completed for any development on the subject parcels.
Based on the analysis, all noise insulation features
determined appropriate shall be incorporated into the
development design to ensure that the 2023 Cal Green
Code standards are met and an interior noise level of
50 dBA Leq(1-hr) or lower during daytime hours is
achieved. This mitigation measure complies with
CLUP Policies N-2 and N-6 to mitigate aircraft noise
impacts.
A detailed analysis of noise
reduction requirements shall
be completed for any
development on the subject
parcels. Based on the
analysis, all noise insulation
features determined
appropriate shall be
incorporated into the
development design.
Prior to occupancy. Director of
PBCE or
Director’s
designee.
Review analysis
of noise reduction
requirements and
ensure all noise
insulation features
required are
implemented in
the development
design.
Prior to
occupancy.
TRANSPORTATION
Impact TRANS-3: Development of the proposed Project would result in an increase in VMT above the City’s impact threshold of 12.21 VMT per employee for retail uses.
MM TRANS – 1.1 Prior to the first Building
Occupancy, the Project proponent shall provide a fair-
share contribution to the construction of Class IV
protected bike lanes using raised vertical delineators
on Hedding Street eastbound between Coleman
Avenue and Ruff Drive, as well as on Hedding Street
westbound between Walnut Street and Ruff Drive.
This multi-modal infrastructure improvement shall be
part of a Public Improvement Plan that describes how
the bike lanes will be implemented. The Public
Improvement Plan shall be reviewed and approved by
the City’s Director of Public Works or designee. The
implementation of the Public Improvement Plan shall
be verified by the Director of Public Works or
Provide a fair-share
contribution to the
construction of bike lanes as
described in TRANS-1.1.
This multi-modal
infrastructure improvement
shall be part of a Public
Improvement Plan that
describes how the bike lanes
will be implemented.
Prior to the first Building
Occupancy.
City’s Director
of Public Works
or designee
Review and
approve the
Public
Improvement
Plan. Verify the
implementation of
the Public
Improvement
Plan.
Prior to the first
Building
Occupancy.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 28 File No.: GP18-012/PDC23-009/ER23-056
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
designee prior to approval of Planned Development
permits for development on the seven subject parcels.
MM TRANS – 1.2 Traffic Calming Measures.
As part of the implementation of the Class IV
protected bike lanes required in MM TRANS-1.1, the
Project proponent shall remove an eastbound travel
lane on Hedding Street, between Walnut Street and
Ruff Drive, prior to development on the seven subject
parcels. The lane reduction along Hedding Street will
create a more bicycle-friendly environment and
enhance cyclist safety.
Remove an eastbound travel
lane on Hedding Street,
between Walnut Street and
Ruff Drive.
Prior to development on
the seven subject parcels.
City’s Director
of Public Works
or designee
Review and verify
that the Public
Improvement Plan
includes the
removal of an
eastbound travel
land on Hedding
Street, between
Walnut Street and
Ruff Drive.
Prior to
development on
the seven
subject parcels.
MM TRANS – 1.3 Commute Trip Reduction
Marketing and Education. Prior to any development
on each parcel, the Project proponent shall prepare a
Transportation Demand Management (TDM) Plan(s)
for development on the seven subject parcels. The
number of Plans depend on the number, scope, and
timing of development applications received by the
City.The TDM Plan(s) shall be submitted to the City’s
Director of Public Works or designee and the Director
of PBCE or designee for approval. The TDM Plan(s)
shall consist of implementation of the following
measure.
• The Project developer for each parcel shall
implement marketing/educational campaigns
that promote the use of transit, shared rides,
and travel through active modes. Strategies
Prepare Transportation
Demand Management
Plan(s) for development on
the seven subject parcels.
Prior to development on
each subject parcel.
City’s Director
of Public Works
or designee and
the Director of
PBCE or
designee.
Review and
approve
Transportation
Demand
Management
Plan(s) for
development on
the seven subject
parcels.
Prior to
development on
each subject
parcel.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 29 File No.: GP18-012/PDC23-009/ER23-056
Sources: City of San José, Draft Environmental Impact Report, GPA/Rezoning of Airport Parcels Project, August 2024.
City of San José, First Amendment to the Draft Environmental Impact Report, GPA/Rezoning of Airport Parcels Project, March 2025.
Rezoning of Airport Parcels and GPA
Project
File Nos. GP18-012/ER23-056
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
may include the incorporation of alternative
commute options into new employee
orientations, event promotions, and
publications.
The TDM Plan(s) shall include a trip cap for VMT
monitoring purposes. The trip cap shall be determined
by a traffic engineer using the methodology employed
in Appendix F of this EIR, such that the number of
trips will not translate into an increase in VMT over
No Project conditions. Annual monitoring will occur
to determine if vehicle trips generated by the Project
are within ten percent of the trip cap determined by
the traffic engineer. The annual trip monitoring
reports shall be submitted to the City’s Director of
Public Works. If the annual trip monitoring report
finds that the Project is exceeding the established trip cap, a follow-up report shall be prepared and
submitted to the City’s Director of Public Works that
demonstrates compliance with the trip cap
requirements within a period not to exceed six
months.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.