NVF:DHZ:DJF:JMD
4/24/2025
1 T-54008.002 / 2176119
Council Agenda: 05-06-2025
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE ADOPTING THE 1921 and 1927 WEST SAN
CARLOS STREET PROJECT MITIGATED NEGATIVE
DECLARATION, FOR WHICH AN INITIAL STUDY WAS
PREPARED, ALL IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND
ADOPTING A RELATED MITIGATION MONITORING AND
REPORTING PROGRAM
WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the 1921 and 1927 West San Carlos Street Project under Planning File Nos. Burbank 45, C21-034, GP23-001, H23-005, T23- 003, ER23-026 (the “Initial Study/Mitigated Negative Declaration”), all in accordance with the requirements of the California Environmental Quality Act (“CEQA”); and WHEREAS, the Initial Study/Mitigated Negative Declaration analyzed the 1921 and 1927 West San Carlos Street Project (the “Project”), concluded that implementation of the Project could result in certain significant effects on the environment , and identified mitigation measures that would reduce each of those significant effects to a less -than- significant level; and
WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA requires a lead agency to adopt a Mitigation Monitoring and Reporting Program to ensure compliance with the mitigation measures during project implementation; and WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and NVF:DHZ:DJF:JMD
4/24/2025
2 T-54008.002 / 2176119
Council Agenda: 05-06-2025
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
WHEREAS, the Initial Study/Mitigated Negative Declaration and the related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, are available for inspection by any interested person at that location and on the Department of Planning, Building and Code Enforcement webpage (www.sanjoseca.gov) and are, by this reference, incorporated into this Resolution as if fully set forth herein; and
WHEREAS, the Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the California Department of Fish and Game Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JOSE:
THAT THE CITY COUNCIL does hereby incorporate the foregoing recitals as if set forth in the body of this Resolution.
THAT THE CITY COUNCIL does hereby make the following findings: (1) It has independently reviewed and analyzed the Initial Study/Mitigated Negative Declaration and other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) t he Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis NVF:DHZ:DJF:JMD
4/24/2025
3 T-54008.002 / 2176119
Council Agenda: 05-06-2025
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
of the City of San José as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.
THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. Burbank 45, C21- 034, GP23 - 001/H23-005/T23-003/ER23-026). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement , located at 200 East Santa Clara Street, 3
rd Floor Tower, San José, California, 95113, and on
the Department of Planning, Building and Code Enforcement webpage, and (2) Available for inspection by any interested person.
//
//
///
NVF:DHZ:DJF:JMD
4/24/2025
4 T-54008.002 / 2176119
Council Agenda: 05-06-2025
Item No.: 10.3(a)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this ____ day of _________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
Page | 1 File Nos. Burbank 45, C21-034, GP23-001/H23-005/T23-003/ER23-026
MITIGATION MONITORING AND REPORTING PROGRAM
1921 and 1927 West San Carlos Street Project
File Nos. Burbank 45, C21-034, GP23-001/H23-005/T23-003/ER23-026 October 2024
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 2 File Nos. Burbank 45, C21-034, GP23-001/H23-005/T23-003/ER23-026
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.
The Initial Study prepared for the 1921 and 1927 West San Carlos Street 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 Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented.
The mitigation measures enumerated in this document would reduce the level of impact of potential environmental effects of the proposed action. In all cases, these mitigation measures would reduce the impact of effects determined to be significant prior to mitigation to less-than-significant levels.
This document does not discuss those subjects for which the Initial Study concluded that the impacts from implementation of the project would be less than significant.
I, _________________ , the applicant, on the behalf of __________________________ , hereby agree to fully implement the mitigation measures described below which have been developed in conjunction with the preparation of an Initial Study for the Project.
I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less than significant level.
Project Applicants Signature __________________________
Date
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(File Nos. H23-005; T23-003; ER23-026)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.