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

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Item No.: 8.7(b)
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 ADOPTING A MITIGATED NEGATIVE DECLARATION

FOR THE ELECTRONIC SIGNS ON CITY-OWNED
PROPERTY PROJECT – WILLOW STREET SITE, FOR

WHICH AN INITIAL STUDY WAS PREPARED, AND A

RELATED MITIGATION MONITORING AND REPORTING

PROGRAM ALL IN ACCORDANCE WITH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT

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 Electronic Signs on City-Owned Property Project – Willow Street Site under Planning File No. ER23-130 (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 Electronic Signs on City-Owned Property Project – Willow Street Site (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration consists of the installation and operation of one double-sided programmable electronic sign on one City-owned parcel located in the central portion of San José, approximately 95 feet east of SR-87 and approximately 95 feet north of Willow Street, in accordance with Title 23 of the San José Municipal Code and Council Policy 6-4 in San José, California; and

WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that implementation of the Project would not result in any significant effects on the environment; 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:KMF
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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 with 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 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 José, 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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Item No.: 8.7(b)
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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 as if fully set forth herein.

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) the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Initial Study/Mitigated Negative Declaration represents the independent judgment and analysis of the City of San José, as lead agency for the Project. The City Council designates the Director of Planning, Building and Code Enforcement at the Director’s Office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based.

THAT THE CITY COUNCIL does hereby find that 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 No. ER23-034). The Mitigation Monitoring and Reporting Program for the Project, attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/Mitigated Negative Declaration is hereby incorporated by reference and is: (1) on file in the Office of the Director of Planning, Building and Code Enforcement, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California 95113, and electronically on the Department of Planning, Building NVF:DHZ:KMF
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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

MITIGATION MONITORING AND REPORTING PROGRAM
Electronic Sign on City-Owned Property Project
Willow Street Billboard Site
Initial Study Mitigated Negative Declaration
File No. ER23-130
January 2025

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

Page | 2 File No. ER23-130

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

This document does not discuss those subjects for which the IS/MND concluded that the impacts from implementation of the Project would be less than significant.

The 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, Alex Belenson, the applicant, on the behalf of Outfront Foster Interstate, LLC, 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 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 Applicant’s Signature _____________________________________________ Date___________________________________________________________ DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

Page | 3 File No. ER23-130
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT “A”
Electronic Sign on City-owned Property
Project, Willow Street Billboard Site
ER23-130

MITIGATIONS

Impact BIO-4: The Project could have a substantial adverse effect on the movement of western pond turtle, nesting birds, and roosting bats.

Mitigation Measure BIO-1: Impacts to Western Pond
Turtle
A qualified Biologist shall survey the Project site within 48 hours prior to the initiation of construction activities. If western pond turtles are found within the Project site, the Biologist shall contact the California Department of Fish and Wildlife (CDFW) to determine the appropriate
measures to prevent impacts on the species. After
consultation with CDFW, turtles shall be captured and
relocated to an appropriate location up or downstream of the construction area in coordination with CDFW.

The Project applicant or
its contractor shall
contract a qualified
biologist to conduct a
preconstruction survey for
western pond turtle.

Prior to the issuance
of any demolition,
grading, and/or
building permits
(whichever occurs
earliest).

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

Review and approve
the preconstruction
survey report.

Prior to the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest).

Mitigation Measure BIO-2: Impacts on Nesting Birds
The proposed Project shall implement the following
measures to avoid impacts to nesting migratory birds:
• Avoidance: Ground disturbance and vegetation removal
activities shall be restricted to the nonbreeding season for birds (September 1 to January 31, inclusive), when
feasible.

Avoid construction
activities during nesting
seasons (February 1
through August 31,
inclusive).

Prior to initiation of
any ground
disturbance permits.

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

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

Page | 4 File No. ER23-130
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT “A”
Electronic Sign on City-owned Property
Project, Willow Street Billboard Site
ER23-130

MITIGATIONS

The surveys shall include the disturbance area plus a
200-foot buffer around the site and a 500-foot buffer for raptors.

If construction is
scheduled during nesting
bird season February 1 –
August 31 (inclusive) the
Project applicant or its
contractor shall contract a
qualified biologist to
conduct preconstruction
surveys for nesting birds.

Prior to the issuance
of any demolition,
grading, and/or
building permits
(whichever occurs
earliest).

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

Review and approve
the preconstruction
survey report.

Prior to the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest).
• Buffer Zones: If active nests are located, an appropriate avoidance buffer shall be established within which no
work activity will be allowed that would impact the
nests. The avoidance buffer shall be established by the qualified Biologist on a case-by-case basis, based on the species and site conditions and in consultation with the California Department of Fish and Wildlife (CDFW). In
no case shall the buffer be smaller than 50 feet for non- raptor bird species or smaller than 200 feet for raptor species. Larger buffers may be required, depending on
the status of the nest and the construction activities
occurring near the nest. The buffer area(s) shall be
closed to all construction personnel and equipment until juveniles have fledged and until the nest is inactive. The qualified Biologist shall confirm that breeding/nesting is completed and young have fledged the nest prior to
removal of the buffer. If there are delays in on-site
activities for more than 7 days during the breeding
If an active nest is
identified, project
applicant or its contractor
shall establish no-
disturbance buffer zones
around each nest, and
monitor construction
activities near suitable
habitat, when applicable.

During construction,
as needed.

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

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

Page | 5 File No. ER23-130
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT “A”
Electronic Sign on City-owned Property
Project, Willow Street Billboard Site
ER23-130

MITIGATIONS

If noises are to regularly exceed 110 decibel (dB) (such as piledriving), additional bird surveys and a Biological Monitor should be employed during the duration of the
noise, and the Biological Monitor shall stop
construction if any protected species are harassed by
construction activities.

The Project applicant or
its contractor shall
contract a qualified
biologist to conduct
additional bird surveys.

During construction,
as needed.

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

Mitigation Measure BIO-3: Protection from Potential
Light Impacts.

The Project applicant shall implement the following
measure to avoid sources of light impacts on birds:
• Keep billboard intensity below 300 NIT from 30
minutes before sunset until midnight.

The Project applicant or
its contractor shall ensure
measures are implemented
and include the
requirement on all
construction documents.

During construction;
immediately
following
construction
(establishing
billboard display
setting)
Director of Planning,
Building, and Code
Enforcement or the
Director’s designee.

Mitigation Measure BIO-4: Impacts to Roosting Bats
No more than 7 days in advance of tree and structure
removal or adaptive reuse, a qualified Biologist shall
conduct a pre-construction survey for special-status bats to characterize potential bat habitat and identify active roost sites within 100 feet of the Project site. The results of the survey and the locations of any designated buffer zones shall be submitted to the Director of Planning, Building and Code Enforcement (PBCE), or the Director’s
designee, for review and approval prior to issuance of any demolition or building permits. Should potential roosting The Project applicant or
its contractor shall
contract a qualified
biologist to conduct a
preconstruction survey for
roosting bats.

Prior to the issuance
of any demolition,
grading, and/or
building permits
(whichever occurs
earliest).

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

Review and approve
the preconstruction
survey report.

Prior to the
issuance of any
demolition,
grading, and/or
building permits
(whichever
occurs earliest);
during
construction.

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

Page | 6 File No. ER23-130
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT “A”
Electronic Sign on City-owned Property
Project, Willow Street Billboard Site
ER23-130

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
habitat or active bat roosts be found in trees and/or
structures to be removed or renovated under the Project or within a 100-foot buffer zone from these areas, the
following measures shall be implemented:
• Removal of trees and structures with active roosts shall occur when bats are active, approximately between
March 1 and April 15, inclusive, and between
September 1 and October 15, inclusive. To the extent
feasible, removal shall occur outside of bat maternity
roosting season (approximately April 15 to August 31,
inclusive) and outside of the months of winter torpor
(approximately October 16 to February 28, inclusive).
• If removing trees and structures during the periods
when bats are active is not feasible and active bat roosts being used for maternity or hibernation purposes are
found on or in the immediate vicinity of the Project area where tree and structure removal is planned, a no-
disturbance buffer shall be established around these
roost sites, typically 100 feet or an area determined to be adequate by the qualified Biologist, based on site
conditions, construction activity, species, number of
roosting individuals, and/or noise attenuation and
frequency, along with coordination with the California
Department of Fish and Wildlife (CDFW), if necessary,
until the qualified Biologist has determined that they are no longer active.

The qualified Biologist shall be present during removal of trees and structures when active bat roosts not being used for maternity or hibernation purposes are present.

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

Page | 7 File No. ER23-130
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT “A”
Electronic Sign on City-owned Property
Project, Willow Street Billboard Site
ER23-130

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
Trees and structures with active roosts shall be removed only when no rain is occurring and rain is not forecast to occur for 3 days following removal of the roost, and
when daytime temperatures are at least 50°F (degrees
Fahrenheit).
• Removal of trees with active or potentially active roost sites shall follow a two-step removal process:
(1) On the first day of tree removal and under the
supervision of the qualified Biologist, branches
and limbs that do not contain cavities or fissures
in which bats could roost shall be cut only using
chain saws. Removal of the canopy makes the tree
unappealing for bats to return that evening to
roost.
(2) On the following day and under the supervision of
the qualified Biologist, after confirmation that
bats have not returned, the remainder of the tree
may be removed, using either chain saws or other
equipment (e.g., excavator or backhoe).

Structures that contain or are suspected to contain active bat roosts, but that are not being used for maternity or hibernation purposes, shall be dismantled under the
supervision of the qualified Biologist in the evening, after the bats have emerged from the roost to forage. The
structures shall be partially dismantled to substantially change roost conditions, causing the bats to abandon and not return to roost.

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

Page | 8 File No. ER23-130
Planning, Building and Code Enforcement

CHRISTOPHER BURTON, DIRECTOR
EXHIBIT “A”
Electronic Sign on City-owned Property
Project, Willow Street Billboard Site
ER23-130

MITIGATIONS

A Native American
representative of a tribe
that is traditionally and
culturally affiliated with
the geographic area shall
conduct training for all
construction personnel
who will work at the site.

The Project applicant and
the qualified archeologist
shall submit
documentation verifying
training has been
conducted to the City.

Prior to any grading
or excavation
activities.

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

Review and approve
completion of Tribal
Cultural Resources
Awareness Training
for all construction
personnel who will
work at the site.

Prior to any
grading or
excavation
activities.

Source: ISMND, Willow Street Billboard Project, City of San José, January 2025.

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

San Jose City CouncilJune 17, 2025

San Jose City Council
June 17, 2025