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Item No.: 10.1(a)(1)
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 SAN JOSE BUDDHIST CHURCH
BETSUIN EXPANSION PROJECT MITIGATED NEGATIVE
DECLARATION, FOR WHICH AN INITIAL STUDY WAS
PREPARED, ALL IN ACCORDANCE WITH THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS
AMENDED, AND ADOPTING A RELATED MITIGATION
MONITORING AND REPORTING PROGRAM
WHEREAS, prior to the adoption of this Resolution, the Director of Planning, Building and Code Enforcement of the City of San José prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the San Jose Buddhist Church Betsuin Expansion Project under Planning File Nos. PDC23-104, PD23-016, and ER23-176 (the “Initial Study/Mitigated Negative Declaration”), all in accordance with the California Environmental Quality Act (“CEQA”); and
WHEREAS, the San Jose Buddhist Church Betsuin Expansion Project (the “Project”) analyzed under the Initial Study/Mitigated Negative Declaration consists of Planned Development Rezoning and Planned Development Permit for the demolition of an existing approximately 3,563-square-foot church education building, four single-family houses, and one accessory building, and the removal of six trees (two ordinance-size and four non-ordinance-size), and the construction of an approximately 10,720-square- foot two-story church education building, containing alternating uses of a religious school, preschool, language school, and a privately-operated community center, including outdoor uses approximately 50 feet from a residentially-zoned property, and an approximately 1,950-square-foot auxiliary building, on an approximately 1.17-gross acre site located at 639 and 645 North Fifth Street and 624 and 642 North Fourth Street (Assessor’s Parcel Numbers 249-41-009, -22,-23, -24, -25, -75), San José, California; and
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Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
WHEREAS, the Initial Study/Mitigated Negative Declaration 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, 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 NVF:DHZ:JMD
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Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
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 electronically on the City of San José’s Department of Planning, Building and Code Enforcement website, and are, by this reference, incorporated into this Resolution as if fully set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE 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 app roving 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 Nos. PDC23-104, PD23-016, and ER23- NVF:DHZ:JMD
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Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
176). The Mitigation Monitoring and Reporting Program for the Project is attached hereto as Exhibit “A” and fully incorporated herein. The Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning , Building and Code Enforcement , located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and electronically on the City of San José’s Department of Planning, Building and Code Enforcement website, and (2) available for inspection by any interested person.
ADOPTED this ____ day of _________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk
MITIGATION MONITORING AND REPORTING PROGRAM
Buddhist Church Betsuin Expansion Project
File No. PDC23-104 & PD23-016
May 2025
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 1 File Nos.: PDC23-104 & PD23-016
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 (“IS”) prepared for the San José Buddhist Church Betsuin Expansion 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 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, Michael L. Charney , the applicant, on the behalf of Buddhist Church Betsuin , hereby agree to fully implement the Mitigation Measures described below which have been developed in conjunction with the preparation of an IS 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, where feasible.
Project Applicant’s Signature _____________________________________________ Date_6/24/2025_______________________________________________________ EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 2 File Nos.: PDC23-104 & PD23-016
San José Buddhist Church
Betsuin Expansion
File Nos. PDC23-104 & PD23-016
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
AIR QUALITY
Impact AIR-1: Construction activities associated with the proposed project would expose the project’s off-site maximum exposed individuals (MEIs) to a cancer risk of 23.38 cases per one million for infants and an annual particulate matter with a diameter of 2.5 micros or less (PM2.5) of 0.32 micrograms per cubic meter (µg/m3) which exceeds the BAAQMD significance thresholds of 10 cases per one million for cancer risk and annual PM2.5 of 0.3 µg/m3, respectively.
MM AIR-1.1: Prior to the issuance of any demolition,
grading, or building permits (whichever occurs
earliest), the project applicant shall submit a
construction operations plan for review and approval
to the Director of Planning, Building and Code
Enforcement (PBCE) or the Director’s designee,
demonstrating that the offroad equipment used for
construction of the project would achieve a fleetwide
average of at least 60 percent reduction in diesel
particulate matter (DPM) emissions. The plan to
achieve the 60 percent reduction would include the
following, or an equivalent alternative that meets the
required reduction:
• All diesel-powered off-road equipment (larger
than 25 horsepower) operating on-site for more
than two days continuously or 20 hours total
shall, at a minimum, meet the United States (U.S.)
Environmental Protection Agency (EPA) Tier 4
final emission standards for fine particulate
Submit a construction
operations plan to the
Director of Planning,
Building and Code
Enforcement verifying that
the equipment included in
the plan meets the
standards defined in MM
AIR-1.1. Alternatively, the
project applicant may
commission a construction
operations plan from a
qualified air quality
specialist that would
achieve a reduction of on-
and near-site construction
DPM emissions by 60
percent or greater.
Prior to issuance of
any demolition,
grading, or building
permits (whichever
occurs earliest).
Director of Planning,
Building and Code
Enforcement or
Director’s designee
Review and
approve
construction
operations plan
and letter for
compliance with
standards defined
in MM AIR-1.1.
Prior to
issuance of any
demolition,
grading, or
building
permits
(whichever
occurs earliest).
Planning, Building and Code Enforcement
CHRISTOPHER BURTON, DIRECTOR
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 3 File Nos.: PDC23-104 & PD23-016
matter (PM2.5) and coarse particulate matter
(PM10).
o Alternatively, equipment that meet U.S.
EPA emissions for Tier 3 engines and is
equipped with California Air Resources
Board-certified Level 3 Diesel Particulate
Filters that altogether achieve a 60
percent reduction in DPM emissions
would meet this requirement.
As an alternative to the measures above, the project
applicant could commission a construction operations
plan from a qualified air quality specialist that would achieve a reduction in construction DPM emissions of
60 percent or greater. The plan shall be submitted to
the City of San José Director of PBCE or the Director’s designee for review and approval prior to the issuance
of any demolition, grading, or building permits
(whichever occurs earliest). The plan could include a
combination of the following measures:
• Installation of electric power lines during early
construction phases to avoid use of diesel
portable equipment,
• Use of electrically powered equipment,
• Forklifts and aerial lifts used for exterior and
interior building construction shall be electric or
propane/natural gas powered,
• Change in construction build out plans to
lengthen phases, and
• Implementation of different building techniques
that result in less diesel equipment used.
BIOLOGICAL RESOURCES
Impact BIO-1: Construction activities associated with the proposed project could disrupt nesting raptors, or other birds, resulting in the loss of fertile eggs or nest abandonment.
MM BIO-1.1: Tree removal and construction shall be
scheduled to avoid the nesting season. The nesting
Avoid construction activities
during nesting seasons. If
Prior to any tree
removal, or
Director of Planning,
Building and Code
Confirm that
demolition and
Prior to any
tree removal, or
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 4 File Nos.: PDC23-104 & PD23-016
season for most birds, including most raptors in the
San Francisco Bay area, extends from February 1st
through August 31st, inclusive.
If tree removals and construction cannot be scheduled
outside of nesting season, a qualified ornithologist
shall complete pre-construction surveys to identify
active raptor nests that may be disturbed during
project implementation. This survey shall be
completed no more than 14 days prior to the initiation
of demolition/construction activities during the
breeding season, unless a shorter pre-construction
survey is determined to be appropriate based on the
presence of a species with a shorter nesting period.
During this survey, the qualified ornithologist shall
inspect all trees and other possible nesting habitats in and immediately adjacent to the construction areas
for nests. If an active nest is found in an area that will be disturbed by construction, the ornithologist shall
designate a construction-free buffer zone (typically
250 feet) to be established around the nest. The
buffer would ensure that raptor or migratory bird
nests will not be disturbed during project
construction.
Prior to any tree removal, or approval of any
demolition or grading permits (whichever occurs first), the applicant shall submit an ornithologist’s report
indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of
Planning, Building and Code Enforcement (PBCE) or
Director’s designee.
construction activities
cannot be scheduled
outside of nesting season,
conduct a pre-construction
nesting bird survey by a
qualified ornithologist in
compliance with the survey
timing defined in MM BIO-
1.1, designate a
construction-free buffer
zone around any discovered
nest.
A qualified ornithologist
shall submit a report
indicating the results of the
survey and any designated
buffer zones.
approval of any
demolition or
grading permits
(whichever occurs
first).
Enforcement or
Director’s designee
construction
activities are
scheduled outside
of the nesting
season, or review
report indicating
the results of the
survey and any
designated buffer
zones.
approval of any
demolition or
grading permits
(whichever
occurs first).
CULTURAL RESOURCES
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 5 File Nos.: PDC23-104 & PD23-016
Impact CUL-1: The project would demolish the existing building at 639 North Fifth Street, a contributing property to the eligible Japantown National Register and eligible City Landmark Historic Districts.
MM CUL-1.1:
Relocation by a Third Party: Prior to the issuance of
demolition or grading permits, whichever comes first,
the Permitee shall advertise the building at 639 North
Fifth Street for relocation by a third party. The
Permittee shall be required to advertise the
availability of the building for a period of no less than 60 days. The advertisements must include a
newspaper of general circulation, a website, and
notice on the project site. The Permittee must provide
evidence (i.e., receipts, date and time stamped
photographs, etc.) to the Director of Planning,
Building and Code Enforcement (PBCE) or the
Director’s designee that this condition has been met
prior to the issuance of demolition or grading permits, whichever comes first.
If a third party volunteers to relocate the building at 639 North Fifth Street, the following measures shall be completed:
1. The City’s Director of PBCE or the Director’s
designee, based on consultation with the City’s
Historic Preservation Officer, must determine that
the receiver site is suitable for the building.
2. Prior to relocation, the Permitee or third party
shall hire a historic preservation architect and a
structural engineer to undertake an existing
condition study of the building. The purpose of
the study shall be to establish the baseline
condition of the building prior to relocation. The
documentation shall take the form of written
descriptions and visual illustrations, including
those character-defining physical features of the
resource that convey its historic significance and
must be protected and preserved. The
documentation shall be reviewed and approved
Relocation by a Third Party
Advertise the building at
639 North Fifth Street for
relocation by a third party.
Advertise the availability of
the structure for a period of
no less than 60 days.
Evidence (i.e., receipts, date
and time stamped
photographs, etc.) shall be
provided to the Director of
Planning, Building and Code
Enforcement or the
Director’s designee that this
condition has been met.
If a third party does agree
to relocate the building, the
project applicant or third
party shall complete the
measures identified under
MM CUL-1.1.
Salvage
If no third party relocates
the building, make the
building available to salvage
companies facilitating the
reuse of historic building
materials.
Evidence (i.e., receipts, date
and time stamped
photographs, etc.) shall be
provided to the Director of
Planning, Building and Code
Enforcement or Director’s
designee that this condition
has been met.
Prior to issuance of
any grading or
demolition permits,
whichever comes
first.
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
City’s Historic
Preservation Officer
Review and
approve
documentation.
Review evidence of
advertisements.
Prior to
issuance of any
grading or
demolition
permits,
whichever
comes first.
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 6 File Nos.: PDC23-104 & PD23-016
by the City’s Historic Preservation Officer prior to
the structure being moved. Documentation
already completed shall be used to the extent
possible to avoid repetition in work.
3. To protect the building during relocation, the
Permitee or third party shall engage a building
mover who has experience moving similar historic
structures. A structural engineer shall also be
engaged to determine if the building needs to be
reinforced/stabilized before the move.
4. Once moved, the building shall be repaired and
restored, as needed, by the Permitee or third
party in conformance with the Secretary of the
Interior’s Standards for the Treatment of Historic
Properties. In particular, the exterior character-
defining features (e.g., cantilevered roofs and
overhangs, projecting eaves, canted windows,
stucco siding, large expanses of windows, flat or
shed roof forms, stacked roman brick cladding or
brick veneer, and occasionally vertical wood
siding) shall be restored in a manner that
preserves the integrity of the features for the
long-term preservation of these features. Upon
completion of the repairs, a qualified architectural
historian shall document and confirm that
exterior renovations of the structure were
completed in conformance with the Secretary of
the Interior’s Standards for the Treatment of
Historic Properties and that all character-defining
features were preserved. The Permitee shall
submit a report to the City’s Historic Preservation
Officer documenting the relocation.
5. Salvage: If no third party relocates the building at 639 North Fifth Street, the Permitee shall make
the building available to salvage companies or any
other party that can facilitate the reuse of the
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 7 File Nos.: PDC23-104 & PD23-016
historic building materials. The Permitee shall
advertise the salvage opportunity for a period of
no less than 30 days following the 60
advertisements for relocation. The
advertisements shall include a newspaper of
general circulation, a website, and notice on the
project site. The Permitee must provide evidence
(i.e., receipts, date and time stamped
photographs, etc.) to the Director of PBCE or the
Director’s designee, that this condition has been
met prior to the issuance of demolition or grading
permits, whichever comes first.
MM CUL-1.2: Commemoration and Public
Interpretation: Prior to the issuance of a certificate of occupancy, the Permitee shall retain a qualified
historian to create a permanent interpretive program,
exhibit, or display that tells the story of the historical development of the site as a hostel and social hall to
house returning evacuees from the internment camps
and later conversion to classrooms and support of the
San José Buddhist Church Betsuin and Japanese
religion and culture in Japantown. Commemoration
and public interpretation could include, but is not
limited to, video or interactive media that features
historic photographs, interpretive text, or drawings.
The exhibit/display shall be placed in a suitable
publicly accessible location on the project site near
the public right-of-way and if applicable at a public
repository, such as the San José Public Library or a
dedicated website. The final design of the
commemorative interpretive program, exhibit, or
display shall be determined in coordination with the
City’s Historic Preservation Officer and implemented
following approval.
The final design of the commemorative interpretive
program, exhibit, or display shall be determined in
coordination with the City’s Historic Preservation
Commemoration and Public
Interpretation
A qualified historian shall
create a permanent
interpretive program,
exhibit, or display of the
history of the historical
development of the site as a
hostel and social hall to
house returning evacuees
from the internment camps
and later conversion to
classrooms.
The final design of the
commemorative
interpretive program,
exhibit, or display shall be
determined in coordination
with the City’s Historic
Preservation Officer.
Prior to issuance of
a certificate of
occupancy.
City’s Historic
Preservation Officer
Coordinate with
the qualified
historian on the
final design of the
commemorative
interpretive
program, exhibit,
or display.
Prior to
issuance of a
certificate of
occupancy.
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 8 File Nos.: PDC23-104 & PD23-016
Officer.
HAZARDOUS MATERIALS
Impact HAZ-1: Construction activities associated with the proposed project could expose the public and/or the environment to hazardous materials from soil contamination associated with lead-containing paint used for the prior on-site structures.
MM HAZ-1.1: Prior to the issuance of any demolition,
grading, or building permits, whichever occurs first,
the applicant shall obtain regulatory oversight from
the Santa Clara County Department of Environmental
Health, the Regional Water Quality Control Board or
Department of Toxic Substances Control to remediate
the lead contaminated soil to ensure the future
development does not pose a potential health risk to
residences. A Site Management Plan, A Remedial
Action Plan (RAP) or equivalent document shall be
prepared under regulatory oversight and approval by
a qualified environmental consultant that identifies
remediation measures. The plan and evidence of
regulatory oversight approval shall be provided to the
Director of the City of San José Department of
Planning, Building and Code Enforcement (PBCE) or
the Director’s designee and the Environmental
Compliance Officer in the City of San José’s
Environmental Services Department for review prior
to any demolition, grading permits or ground
disturbing activities.
The project applicant shall
obtain regulatory oversight
by an appropriate
regulatory agency, such as
the Santa Clara County
Department of
Environmental Health, the
Regional Water Quality
Control Board or
Department of Toxic
Substances Control, to
remediate the lead
contaminated soil.
A Site Management Plan,
Remedial Action Plan or
equivalent document shall
be prepared under
regulatory oversight.
Prior to the issuance
of any demolition,
grading, or building
permits, whichever
occurs first.
Director of Planning,
Building and Code
Enforcement or
Director’s designee
Environmental
Compliance Officer in
the City of San José
Environmental
Services Department
Santa Clara County
Department of
Environmental Health,
the Regional Water
Quality Control Board
or Department of
Toxic Substances
Control
Review evidence of
regulatory
oversight and Site
Management Plan,
Remedial Action
Plan or equivalent
document.
Prior to the
issuance of any
demolition,
grading permits
or ground
disturbing
activities.
NOISE
Impact NOI-1: The proposed project could exceed the City’s thresholds of 0.08 inches/second (in/sec) peak particle velocity (PPV) for nearby historical buildings and 0.2 in/sec PPV for buildings of conventional construction.
MM NOI-1.1: Prior to the issuance of any demolition,
grading, or building permits, whichever occurs
earliest, the project applicant shall implement a
Construction Vibration Monitoring Plan (Plan) to
document conditions prior to, during, and after
vibration generating construction activities. All Plan
tasks shall be undertaken under the direction of a
licensed Professional Structural Engineer in the State
of California and be in accordance with industry-
Licensed Structural Engineer
in the State of California
shall submit and implement
a Construction Vibration
Monitoring Plan to
document conditions prior
to, during, and after
vibration generating
construction activities.
Prior to the issuance
of a demolition,
grading, or building
permit whichever
occurs earliest.
Director of Planning,
Building and Code
Enforcement or
Director’s designee
and the City’s Historic
Preservation Officer
Review and
confirm
implementation of
the Construction
Vibration
Monitoring Plan.
Prior to the
issuance of a
demolition,
grading, or
building permit
whichever
occurs earliest.
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 9 File Nos.: PDC23-104 & PD23-016
accepted standard methods. The Plan shall be
submitted to the Director of the City of San José
Department of Planning, Building and Code
Enforcement (PBCE) or the Director’s designee and
the City’s Historic Preservation Officer for review and approval prior to issuance of any demolition, grading,
or building permit, whichever occurs earliest. The Plan shall include, but not be limited to, the following
measures:
• A list of all potential historic buildings within 200 feet of the project site shall be identified.
• A list of all heavy construction equipment to be
used for this project 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 Director of the City of San José Department
of Planning, Building and Code Enforcement or
the Director’s designee by the contractor. The 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.
• Operating equipment on-site shall be placed at
least 20 feet from the project boundaries shared
with existing buildings of conventional
construction and at least 65 feet from potential
historic buildings.
• Smaller equipment shall be used at the property
lines adjoining adjacent buildings to minimize
vibration levels to below 0.2 in/sec PPV. For
example, a smaller vibratory roller, such as the
Caterpillar model CP433E vibratory compactor,
could be used when compacting materials within
30 feet of the adjacent conventional buildings.
• The use of vibratory rollers and clam shovel drops
shall be avoided within 30 feet of the adjacent
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 10 File Nos.: PDC23-104 & PD23-016
buildings of conventional construction and at
least 65 feet from potential historic buildings.
• Select demolition methods not involving impact
tools.
• Avoid dropping heavy equipment and use
alternative methods for breaking up existing
pavement, such as a pavement grinder, within 30
feet of the adjacent buildings of conventional
construction and at least 65 feet from potential
historic buildings.
• Designate a disturbance coordinator to register
and investigate any claims of excessive vibration.
The contact information of such person shall be
clearly posted on the construction site in a
location visible to the public.
MM NOI-1.2: As part of the Plan and prior to the
issuance of any demolition, grading, or building
permits, whichever occurs earliest, including any
ground disturbing activities, the project applicant shall prepare and implement a Historical Resources
Protection Plan (HRPP) that provides measures and
procedures to protect nearby historic resources within
200 feet of the site from direct or indirect impacts
during construction activities (i.e., due to damage
from operation of construction equipment, staging,
and material storage).
The HRPP shall be prepared by a qualified Historical
Architect and reviewed and approved by the Historic
Preservation Officer or equivalent of the City of San
José Department of Planning, Building and Code
Enforcement (PBCE) prior to demolition and Public
Works clearance, including any ground-disturbing
work. The project applicant shall ensure the
construction contractor follows the HRPP while
working near these historic resources. At a minimum,
the plan shall include:
Prepare and implement a
Historical Resources
Protection Plan (HRPP) that
provides measures and
procedures to protect
nearby historic resources
within 200 feet of the site
from direct or indirect
impacts during construction
activities (i.e., due to
damage from operation of
construction equipment,
staging, and material
storage).
Prior to the issuance
of a demolition,
grading, or building
permit whichever
occurs earliest.
Director of Planning,
Building and Code
Enforcement or
Director’s designee
and the City’s Historic
Preservation Officer or
equivalent
Review and
approve HRPP.
Prior to
demolition and
Public Works
clearance.
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 11 File Nos.: PDC23-104 & PD23-016
• Pre-construction documentation of historic
structures within 200 feet;
• Guidelines for operation of construction
equipment adjacent to historical resources;
• Means and methods to reduce vibrations levels
from excavation and construction;
• Requirements for monitoring and documenting
compliance with the HRPP; and
• Education/training of construction workers about
the significance of the adjacent historical
resources.
MM NOI-1.3: The Historic Architect shall establish a
“Monitoring Team” comprised of at least one qualified
Historic Architect and one qualified structural
engineer for the duration of the site monitoring
process. The Monitoring Team shall monitor the
adjacent historical resources and any changes to
existing conditions shall be reported, including, but
not limited to, expansion of cracks, new spalls, or
other exterior deterioration during construction phase
and any changes to the existing conditions shall be
reported.
In addition, the Monitoring Team shall prepare a site
visit report documenting all site visits. The Monitoring Team shall submit the site visit reports and
documents to the City’s Historic Preservation Officer
no later than one week after each reporting period (as
defined by the HRPP). The City’s Historic Preservation
Officer shall determine the frequency of the reporting
period. The structural engineer shall consult with the
Historic Architect if any problems related to the
character-defining features of the historic resources
occur. The Director of PBCE or the Director’s designee
and the Historic Preservation Officer of the City of San José Department of PBCE may request any additional
number of site visits at their discretion.
Monitoring team comprised
of one qualified Historic
Architect and qualified
structural engineer shall be
established by the Historic
Architect.
Monitoring team shall
prepare and submit site visit
report documentation of all
site visits no later than one
week after each reporting
period as defined by the
HRPP. Monitoring team
shall immediately notify the
project applicant, Director
Planning, Building and Code
Enforcement or the
Director’s designee, and the
Historic Preservation Officer
if substantial adverse
impacts related to
construction activities that
are found during
construction.
Ensure that repair work is
performed in compliance
For the duration of
the site monitoring
process, as
determined by the
City’s Historic
Preservation Officer
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
and the City’s Historic
Preservation Officer
Review and
approve site visit
documentation
For the
duration of the
site monitoring
process, as
determined by
the City’s
Historic
Preservation
Officer
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 12 File Nos.: PDC23-104 & PD23-016
If, in the opinion of the Monitoring Team, substantial
adverse impacts related to construction activities are
found during construction, the Monitoring Team shall
inform the project applicant (or the applicant’s
designated representative responsible for
construction activities), the Director of PBCE or the
Director’s designee, and the Historic Preservation
Officer of the potential impacts immediately. The
project applicant shall implement the Monitoring
Team’s recommendations for corrective measures,
including halting construction in situations where
construction activities would imminently endanger
historic resources. In the event of damage to a nearby
historic resource during construction, the project
applicant shall ensure that repair work is performed in compliance with the Secretary of the Interior’s
Standards for the Treatment of Historic Properties and
shall restore the character-defining features in a
manner that does not affect the structure’s historic
status. The Monitoring Report shall also include, but is not limited to, the following:
• Summary of the construction progress;
• Identification of substantial adverse impacts
related to construction activities;
• Problems and potential impacts to the historical
resources during construction activities;
• Recommendations to avoid any potential impacts;
• Actions taken by the project applicant in response
to the problem;
• Progress and the level of success in meeting the
applicable Secretary of the Interior’s Standards for
the Treatment of Historic Properties for the
project as noted above for the character-defining
features, and in preserving the character-defining
features of nearby historic properties; and
• Inclusion of photographs to explain and illustrate
progress.
with the Secretary of the
Interior’s Standards for the
Treatment of Historic
Properties in the event any
damage occurs as detailed
in MM NOI-1.3.
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 13 File Nos.: PDC23-104 & PD23-016
• In addition, the Monitoring Team shall submit a
final document associated with monitoring and
repairs after completion of the construction
activities to the Director of PBCE or the Director’s
designee and the Historic Preservation Officer of
the City of San José Department of PBCE prior to
the issuance of any Certificate of Occupancy
(temporary or final).
Tribal Cultural Resources
Impact TCR-1: Project construction may impact Native American archaeological deposits MM TCR-1.1: Cultural Resources Awareness Training.
Prior to the issuance of any demolition or
grading permits, whichever occurs first, the applicant
shall be required to submit evidence that
Cultural Awareness Training has been provided to
construction personnel prior to ground
disturbance. The training shall be facilitated by a
qualified project archaeologist in collaboration
with a Native American representative registered with
the Native American Heritage Commission
(NAHC) for the City of San José and that is traditionally and culturally affiliated with the
geographic area as described in Public Resources Code
(PRC) Section 21080.3. Documentation
verifying that Cultural Awareness Training has been
conducted shall be submitted to the Director
of Planning, Building and Code Enforcement (PBCE) or
the Director’s designee.
Project archaeologist and
Native American
representative shall provide
Cultural Awareness Training
to construction personnel.
Provide documentation of
the Cultural Awareness
Training.
Prior to the issuance
of any demolition or
grading permits.
Director of Planning,
Building and Code
Enforcement or
Director’s designee
Review
documentation of
training
Prior to the
issuance of any
demolition or
grading
permits.
MM TCR-1.2: Monitoring Plan. Prior to issuance of any
demolition, grading, or building permits (whichever
occurs first), a qualified archaeologist, in consultation with a Native American representative registered with
the NAHC for the City of San José and that is
traditionally and culturally affiliated with the
geographic area as described in PRC 21080.3, shall
prepare a monitoring plan for all earthmoving
activities. The Plan shall be submitted to the Director Project archaeologist and
Native American
representative shall prepare
a monitoring plan.
Prior to the issuance
of any demolition or
grading permits.
Director of Planning,
Building and Code
Enforcement or
Director’s designee
Review and
approve
monitoring plan.
Prior to the
issuance of any
demolition or
grading
permits.
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 14 File Nos.: PDC23-104 & PD23-016
Source: City of San José. Initial Study. Buddhist Church Betsuin Expansion Project. May 2025. of PBCE or the Director’s designee for review and
approval. The plan shall include, but is not limited to, the following:
• Monitoring schedules
• Contract information
• Recommended monitoring methods
• Timing of reporting finds
A qualified archeologist in collaboration with a Native American monitor, registered with the NAHC 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 be
present during applicable earthmoving activities in
accordance with the Monitoring Plan. These could
include but not are not limited to, trenching, initial or full grading, lifting of foundation, boring on site, or major landscaping.
EXHIBIT "A"
(PDC23-104; PD23-016; T23-016)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.