(1) Resolution — San Jose City Council, June 17, 2025

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5/19/2025

1 T-54008.002 / 2209671_3
Council Agenda: 06-17-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

RESOLUTION NO. _____

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN

JOSE A DOPTING THE EVERGREEN VILLAGE

TOWNHOMES PROJECT MITIGATED NEGATIVE

DECLARATION, FOR WHICH AN INITIAL STUDY WAS

PREPARED, AND A RELATED MITIGATION MONITORING

AND REPORTING PROGRAM, ALL IN ACCORDANCE

WITH THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT, AS AMENDED

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 Evergreen Village Townhomes Project under Planning File Nos. PDC21-036, PD21- 020, T23- 010 & ER21- 281 (the “Initial Study/Mitigated Negative Declaration”), all in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively “CEQA”); and

WHEREAS, the Evergreen Village Townhomes Project (the “Project”) analyzed under the Initial Study/ Mitigated Negative Declaration consists of a Planned Development Rezoning, Planned Development Permit and Tentative Map to construct 16 new multi - family residential units (townhomes) in three buildings on an approximately 1.5-gross acre site consisting of two parcels with unassigned addresses located at Evergreen Village Square and Classico Avenue (Assessor’s Parcel Numbers 659-57-015 & 659-84-093) in San José, California; and

WHEREAS, the Initial Study/ Mitigated Negative Declaration concluded that implementation of the Project would not result in a ny significant effects on the environment; and

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Council Agenda: 06-17-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

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

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

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

WHEREAS, the City Council has reviewed and 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 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 Jos é, California, 95113, is available for inspection by any interested person at that location and electronically on the Department of Planning, Building and Code Enforcement webpage, and is, by this reference, incorporated into this Resolution as if fully set forth herein;
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Council Agenda: 06-17-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

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 into this Resolution.

THAT THE CITY COUNCIL does hereby make the following findings: (1) it has independently reviewed and analy zed 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) the Initial Study/ Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San Jos é, 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 prepared for the Project (Planning File Nos. PDC21- 036, PD21- 020, T23- 010 & ER21- 281). 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 related Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San Jos é, NVF:DHZ:JMD
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Council Agenda: 06-17-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

California 95113, and electronically on the Department of Planning, Building and Code Enforcement webpage and (2) available for inspection by any interested person.

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.: PDC21-036, PD21-020, T23-010, ER21-281 MITI

GATION MONITORING AND REPORTING PROGRAM
Evergreen Village Townhome Project
File Nos. PDC21-036, PD21-020, T23-010, ER21-281
January 2025
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Exhibit A
Page | 2 File Nos.: PDC21-036, PD21-020, T23-010, ER21-281

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/Mitigated Negative Declaration prepared for the Evergreen Village Townhome Project concluded that the implementation of the project could result i
n significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This M
itigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the Initial Study/Mitigated Negative Declaration concluded that the impacts from implementation of the project would be less than significant. 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.

I,
Reyad Katwan , the applicant, on the behalf of The Katwan Living Trust , hereby agree to implement the mitigation measures described below which have been developed in conjunction with the preparation of an Initial Study/Mitigated Negative Declaration for my proposed 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 Applicant’s Signature _____________________________________________ Date May 16, 2025_______________________________________________________ DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 3 File Nos.: PDC21-036, PD21-020, T23-010, ER21-281 Evergreen Village Townhome Project
File Nos. PDC21-036, PD21-020, T23-010,
ER21-281

MM BIO-1: The project applicant shall schedule
demolition and construction activities to avoid the
nesting season. The nesting season for most birds,
including most raptors in the San Francisco Bay area,
extends from February 1
st through August 31st
(inclusive).

I
f demolition and construction cannot be scheduled to
occur between September 1st and January 31st
(inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist or
biologist to ensure that no nests shall be disturbed
during project implementation. This survey shall be
completed no more than 14 days prior to the initiation
of construction activities during the early part of the breeding season (February 1
st through April 30th,
inclusive) and no more than 30 days prior to the
initiation of these activities during the late part of the breeding season (May 1st through August 31st,
inclusive). During this survey, the
ornithologist/biologist shall inspect all trees and other possible nesting habitats immediately adjacent to the
construction areas for nests.

If an active nest is found sufficiently close to work
areas to be disturbed by construction, the
ornithologist/biologist, in consultation with the
Schedule demolition and
construction activities to
avoid the nesting season
(February 1
st through August
31st, inclusive)
I
f not feasible, retain
qualified ornithologist or
biologist to conduct pre-
construction surveys for
nesting birds.

I
f active nest is discovered,
establish buffer zones on
coordination with California
Department of Fish and
Wildlife.

Su
bmit a report indicating
the results of the survey and
any designated buffer zones
Prior to any tree
removal, or
approval of any
grading or
demolition permits
(whichever occurs
first).

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

Review report
indicating the
results of the
survey and any
designated buffer
zones (if one is
prepared)
Prior to any tree
removal, or
approval of any
grading or
demolition
permits
(whichever
occurs first).

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 4 File Nos.: PDC21-036, PD21-020, T23-010, ER21-281 Evergreen Village Townhome Project
File Nos. PDC21-036, PD21-020, T23-010,
ER21-281

Prior to any tree removal, or approval of any grading or demolition permits (whichever occurs first), the
ornithologist/biologist shall submit a report indicating the results of the survey and any designated buffer
zones to the satisfaction of the Director of Planning,
Building, and Code Enforcement or the Director’s
designee.

Impact BIO-2: Construction activities associated with the project could impact burrowing owls if they are present on the site at the time of construction.

MM BIO-2: Prior to issuance of any grading or
building permits, the project applicant shall incorporate the following measures.
• P
reconstruction Surveys: Prior to issuance of any
grading or building permits, preconstruction
s
urveys shall be conducted for burrowing owls
regardless of whether impacts are to occur during
t
he breeding or non-breeding season. These
s
urveys consist of a minimum of two surveys
conducted for a minimum of a 3-hour period
w
ithin 1 hour of sunrise and/or sunset, with the
first survey no more than 14 days prior to initial
construction activities (i.e., vegetation removal,
grading, excavation, etc.) and the second survey
Retain a qualified biologist
to conduct preconstruction
surveys for burrowing owls,
regardless of breeding
season and provide letter
report of findings.

Prior to issuance of
any grading or
building permits.

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

Review and
approve letter
report of survey
findings for
burrowing owl.

Prior to issuance
of any grading
or building
permits (all
components).

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or CityClerk@san joseca.gov for final document.

Page | 5 File Nos.: PDC21-036, PD21-020, T23-010, ER21-281 Evergreen Village Townhome Project
File Nos. PDC21-036, PD21-020, T23-010,
ER21-281

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
conducted no more than two days prior to initial
construction activities. The survey shall ensure
complete visual coverage of the site and a 250-foot
radius of the site. These survey results shall be
documented in a letter report to be submitted to the
Director of Planning, Building, and Code
Enforcement or Director’s designee for review and
approval.
• Burrowing Owl Monitoring Plan: If burrowing
owls are observed during the preconstruction
s
urveys, occupied burrows shall be identified by
t
he qualified biologist and a buffer shall be
established. The qualified biologist shall submit a
Burrowing Owl Monitoring Plan that shall include,
but would not be limited to, the following:
o Identification of appropriate non-disturbance
buffers (i.e., 250-foot) around all active
burrows as identified and defined by a
qualified biologist.
o Determination of nests and occupancy (i.e.,
vacant or not)
o Determination of protocols to relocate nests,
collapse suitable vacant burrows, or other
equivalent protocol to ensure the safety of
owls and habitat, consistent with Santa Clara
Valley Habitat Plan (SCVHP) protocols.
o Protocols for monitoring during non-nesti
ng
s
easons if owls are found.
o Protocols for avoidance measures.

R
etain a qualified biologist
to prepare a Burrowing Owl
Monitoring Plan if
burrowing owls are observed
during surveys.

F
ollowing
completion of
surveys.

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

R
eview and
approve Burrowing
Owl Monitoring
Plan.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or CityClerk@san joseca.gov for final document.

Page | 6 File Nos.: PDC21-036, PD21-020, T23-010, ER21-281 Evergreen Village Townhome Project
File Nos. PDC21-036, PD21-020, T23-010,
ER21-281

Only after the biologist determines that the active
burrow has become vacant can the non-disturbance
buffer zone be removed. This Monitoring Plan
shall be documented in a letter report to be
submitted to the Director of Planning, Building,
and Code Enforcement or Director’s designee for
review and approval.
• Non-nesting Season Avoidance Measures: Shoul
d
a burrowing owl be located onsite in the non-
breeding season (September 1 through January 31,
inclusive), construction activities would not be
allowed within the 250-foot buffer of the active
burrow(s) used by any burrowing owl unless the
following avoidance measures are adhered to.

These include, but are not limited to, the
following:
o The qualified biologist monitors the owls for
at least 3 days prior to construction t
o
de
termine baseline nesting and foraging
be
havior (i.e., behavior without construction).
o The qualified biologist monitors the owls
during construction and finds no change i
n
ow
l nesting and foraging behavior in response
to construction activities, ending the
monitoring requirement.
o However, if the qualified biologist finds that
there is any change in owl nesting a
nd
E
stablish buffer for
construction activities from
any active burrows OR
implement avoidance
measures, if burrowing owls
are discovered. Provide letter
report of avoidance
measurements.

No
n-nesting season. D
irector of Planning,
Building, and Code
Enforcement or
Director’s designee.

R
eview and
approve letter
report of avoidance
measures for
burrowing owl.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or CityClerk@san joseca.gov for final document.

Page | 7 File Nos.: PDC21-036, PD21-020, T23-010, ER21-281 Evergreen Village Townhome Project
File Nos. PDC21-036, PD21-020, T23-010,
ER21-281

The biologist will excavate the burrow to
pr
event reoccupation after receiving approval
from the Wildlife Agencies.

These avoidance measures shall be documented in
a letter report to be submitted to the Director of
Planning, Building, and Code Enforcement or
Director’s designee for review and approval.
• Nesting Season Reduced Buffer Exception: For
permission to engage in construction activities
within 250 feet of such burrows during the nesting
s
eason (February 1 through August 31, inclusive),
an Avoidance, Minimization, and Monitoring Plan
s
hall be prepared by a qualified biologist and
a
pproved by the SCVHP Implementing Agency
(i.e., the City of San José) and the Wildlife
R
etain a qualified biologist
to prepare an Avoidance,
Minimization, and
Monitoring Plan.

N
esting season D
irector of Planning,
Building, and Code
Enforcement or
Director’s designee
and wildlife agencies
(e.g., CDFW).

R
eview and
approve
Avoidance,
Minimization, and
Monitoring Plan.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

Page | 8 File Nos.: PDC21-036, PD21-020, T23-010, ER21-281 Evergreen Village Townhome Project
File Nos. PDC21-036, PD21-020, T23-010,
ER21-281

Hazards and Hazardous Materials
Impact HAZ-1 Due to historical use of the project site for agricultural purposes, the project site may contain soils with residual pesticide contamination.

MM HAZ-1: Prior to issuance of any grading
permits, the applicant shall retain a qualified consultant to collect shallow soil samples that will be taken in the near surface soil in the proposed project area and tested for organochlorine pesticides and pesticide-based
metals such as arsenic and lead to determine if
contaminants from previous agricultural operations
occur at concentrations above established construction
worker safety and residential standard environmental
screening levels. The sampling methodology should
follow the Department of Toxic Substances (DTSC)
Interim Guidance for Sampling Agricultural Properties
(Third Revision) dated August 7, 2008. The result of
soil sampling and testing will be provided to the
Director of Planning, Building and Code Enforcement
or the Director’s designee and the Environmental
Compliance Officer in the City of San José’s
Environmental Services Department.

If pesticide contaminated soils are found in
concentrations above the appropriate regulatory
Retain a qualified consultant
to conduct shallow soil
samples and test for
organochlorine pesticides
and pesticide-based metals
such as arsenic and lead.

I
f pesticide contaminated
soils are found in
concentrations above the
appropriate regulatory
environmental screening
levels, applicant shall retain
a qualified hazardous
materials consultant to
prepare an SMP, RAP, or
equivalent document.

Prior to issuance of
any grading
permits.

Director of Planning,
Building and Code
Enforcement or
Director’s designee
and the Environmental
Compliance Officer of
the City’s
Environmental
Services Department.

Review sampling
and testing results.

Prior to issuance
of any grading
permits.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or CityClerk@san joseca.gov for final document.

Page | 9 File Nos.: PDC21-036, PD21-020, T23-010, ER21-281 Sour
ce: Initial Study/Mitigated Negative Declaration, Evergreen Village Townhome Project, City of San José, January 2025.

Evergreen Village Townhome Project
File Nos. PDC21-036, PD21-020, T23-010,
ER21-281

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
environmental screening levels for the proposed project the applicant shall obtain regulatory oversight from the Santa Clara County Department of Environmental
Health (or Department of Toxic Substances Control)
under their Site Cleanup Program. A Site Management
Plan (SMP), Removal Action Plan (RAP), or
equivalent document must be prepared by a qualified
hazardous materials consultant. The plan must
establish remedial measures and/or soil management
practices to ensure construction worker safety and the
health of future workers and visitors. The Plan and
evidence of regulatory oversight shall be provided to
the Supervising Environmental Planner of the City of
San José Department of Planning, Building, and Code
Enforcement, and the Environmental Compliance
Officer in the City of San José’s Environmental
Services Department.

Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.

San Jose City CouncilJune 17, 2025

San Jose City Council
June 17, 2025