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1 T-54008.002 / 2248533_3
Council Agenda: 11-18-2025
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 1170 ROBERTS AVENUE
RESIDENTIAL DEVELOPMENT 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
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 1170 Roberts Avenue Residential Development Project under Planning File Nos. PDC24-039, PD24 -004, T24- 011 and ER24-088 (the “Initial Study/Mitigated Negative Declaration”), all in accordance with the requirements of the California Environmental Quality Act (“CEQA”); and
WHEREAS, the 1170 Roberts Avenue Residential Development Project (the “Project”) analyzed under the Initial Study/ Mitigated Negative Declaration consists of the rezoning of the project site from the R -1-8 Single Family Residence Zoning District to the R -1- 8(PD) Planned Development Zoning District, demolition of an existing single-family home that was previously damaged by fire, and development of eight new single- family residences with private garages and a new private residential street, on an approximately
1.0-gross-acre site located at 1170 Roberts Avenue in San José, California; and
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
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09/26/2025
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Council Agenda: 11-18-2025
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;
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.
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Council Agenda: 11-18-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.
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, 3 rd 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 Decl aration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. PDC24-039, PD24-004, T24-011 and ER24-088). 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 Department of Planning, Building and Code Enforcement webpage; and (2) available for inspection by any interested person.
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Council Agenda: 11-18-2025
Item No.: 10.1(a)(1)
DRAFT – Contact the Office of the City Clerk at (408) 593-1260 or [email protected] for final document.
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
1170 Roberts Avenue Residential Development
File Nos. PDC24-039 and ER24-088
September 2025
EXHIBIT A
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 2 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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 AQ-1: Construction of the proposed project would expose sensitive receptors to substantial concentrations of air pollutant emissions.
MM AQ-1: Prior to the issuance of any tree
removal, demolition, or grading permits
(whichever occurs first), the project
proponent shall provide documentation to the
Director of Planning, Building and Code
Enforcement or Director’s designee for
review and approval, demonstrating that any
off-road equipment greater than 50
horsepower to be used during construction of
the project shall meet United States
Environmental Protection Agency Tier 4
Final emission standards, unless it can be
demonstrated to the City that such equipment
is not commercially available. For purposes
of this mitigation measure, “commercially
available” shall mean the availability of Tier
4 Final engines similar to the availability for
The project proponent
shall provide the
Director of Planning,
Building and Code
Enforcement or the
Director’s designee
documentation for
review and approval for
off-road equipment
greater than 50
horsepower to be used
during construction of
the proposed project.
Prior to issuance
of any Tree
Removal,
Demolition, or
Grading Permits
City’s Director of
Planning,
Building, and
Code
Enforcement; or
the Director’s
Designee
Receive the
project
proponent
documentation
for off-road
equipment
greater than 50
horsepower to
be used during
construction
Prior to the
issuance of
any tree
removal,
demolition, or
grading
permits
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 3 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
other large-scale construction projects in the
city at the same time and taking into
consideration factors such as (i) potential
significant delays to critical-path timing of
construction and (ii) geographic proximity to
the project site of Tier 4 Final equipment.
Where such equipment is not commercially
available, as demonstrated by the construction
contractor, Tier 4 Interim equipment or Tier 3
equipment retrofitted with a California Air
Resources Board’s Level 3 Verified Diesel
Emissions Control Strategy (VDECS) shall be
used. Furthermore, all off-road equipment of
50 horsepower or less, if used, shall be fitted
with a Level 3 diesel particulate filter.
MM AQ-2: Prior to the issuance of permits,
the project proponent shall submit a list of all
operating equipment in use on the
construction site for verification by the City
of San José. The construction equipment list
shall state the makes, models, equipment
The project proponent
shall provide the City’s
Supervising
Environmental Planner
a list of all operating
equipment in use on the
During
Construction
City’s Director of
Planning,
Building, and
Code
Enforcement; or
Receive the
construction
equipment list.
During
Construction
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 4 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
identification numbers, engine family
numbers, and number of construction
equipment on-site.
construction site for
verification by the City
of San José.
the Director’s
Designee
BIOLOGICAL RESOURCES
Impact BIO-1: Removal of trees and building demolition during project construction may result in the inadvertent destruction of active bat roosts unless appropriate precautions are followed.
MM BIO-1: Prior to the issuance of any tree
removals, grading permits, demolition permits
or building permits (whichever comes first),
adequate measures shall be taken to avoid
inadvertent take of special status bat species if
present in trees on the project site. This shall
be accomplished by taking the following
steps.
• A qualified biologist shall visually
inspect trees to be removed and
structures to be demolished for bat
roosts within 7 days prior to their
A qualified biologist
shall visually inspect
trees/structures to be
removed for bat roosts
and contact qualified
bat biologists if any are
found, within 7 days
prior to tree removal.
Prior to issuance
of any Tree
Removal,
Grading,
Demolition, or
Building Permits
City of San Jose;
Qualified Biologist
Confirm
qualified
biologist is
contracted to
inspect trees to
be removed and
structures to be
demolished for
bat roosts,
within 7 days
prior to tree
removal.
Prior to
issuance of
any Tree
Removal,
Grading,
Demolition,
or Building
Permits
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 5 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
removal. The biologist shall look for
signs of bats, including sightings of
live or dead bats; bat calls or
squeaking; the smell of bats; bat
droppings, grease stains, or urine
stains around openings in trees; or
flies around such openings. Trees with
multiple hollows, crevices, forked
branches, woodpecker holes, or loose
and flaking bark have the highest
chance of occupation and shall be
inspected the most carefully.
• If signs of bats are detected,
confirmation on presence or absence
shall be determined by the qualified
biologist, which may include night
emergency or acoustic surveys.
• Due to restrictions of the California
Health Department, direct contact by
workers with any bat is not allowed.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 6 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
The qualified bat biologist shall be
contacted immediately if a bat roost is
discovered during project
construction.
• If an active maternity roost is
encountered during the maternity
season (April 15 to August 31), the
California Department of Fish and
Wildlife shall be contacted for
direction on how to proceed, and an
appropriate exclusion zone established
around the occupied tree or structure
until young bats are old enough to
leave the roost without jeopardy. The
size of the buffer would take into
account:
o Proximity and noise level of
project activities;
o Distance and amount of
vegetation or screening
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 7 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
between the roost and
construction activities; and
o Species-specific needs, if
known, such as sensitivity to
disturbance.
Prior to the issuance of any tree removals,
grading permits, demolition permits, or
building permits (whichever occurs first), the
report of all findings shall be submitted by a
qualified biologist to the Director of Planning,
Building and Code Enforcement or the
Director’s designee for review and approval.
Impact BIO-2: The project would interfere with the movement of nesting and migratory birds due to the number of trees on the parcel.
MM BIO-2: Prior to the issuance of any tree
removals, grading permits, demolition permits
or building permits (whichever occurs first),
the project proponent shall schedule
construction activities outside of the nesting
season (generally defined as September 1
An ornithologist shall
conduct a nesting bird
survey within 7 days
prior to the construction
start date to identify any
active nests within 500
Prior to Ground
Disturbance and
issuance of any
Tree Removal,
Grading,
City’s Director of
Planning,
Building, and
Code
Enforcement; or
Confirm a
qualified
biologist is
contracted to
conduct a
nesting bird
Prior to
Ground
Disturbance
and issuance
of any Tree
Removal,
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 8 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
through January 31, inclusive). If construction
activities occur within the bird nesting season
(generally defined as February 1 through
August 30, inclusive), a qualified biologist
shall conduct pre-construction nesting bird
surveys within 7 days prior to the proposed
start date to identify any active nests
(including Cooper’s hawk) within 500 feet of
the project site. If an active nest is found, the
nest shall be avoided, and a suitable buffer
zone shall be delineated in the field such that
no impacts shall occur until the chicks have
fledged the nest as determined by a qualified
biologist. Construction buffers shall be 300
feet for passerines and up to 500 feet for any
raptor species; however, avoidance buffers
may be reduced at the discretion of the
biologist, depending on the location of the
nest, the species’ tolerance to human
feet of the project site
and establish a buffer
zone if found.
Demolition, or
Building Permits
the Director’s
Designee
survey within 7
days prior to the
construction
start date.
Grading,
Demolition,
or Building
Permits
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 9 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
presence, and construction-related noises and
vibrations.
Prior to the issuance of any tree removals,
grading permits, demolition permits, or
building permits, a report of all findings shall
be submitted by a qualified biologist to the
Director of Planning, Building and Code
Enforcement or the Director’s designee.
MM BIO-3: Prior to issuance of any tree
removal, grading, or demolition permits
(whichever occurs first), the ornithologist
shall submit a report indicating the results of
the survey and any designated buffer zones to
the satisfaction of the City’s Director of
Planning, Building and Code Enforcement
(PBCE) or the Director’s designee.
An ornithologist shall
submit a report to the
City of San Jose
indicating the results of
the nesting bird survey.
Prior to issuance
of any Tree
Removal,
Grading, or
Demolition
Permits
City’s Director of
Planning,
Building, and
Code
Enforcement; or
the Director’s
Designee
Receive the
report by the
ornithologist.
Prior to
issuance of
any Tree
Removal,
Grading, or
Demolition
Permits
CULTURAL RESOURCES
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 10 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
Impact CUL-1: Ground-disturbing activities during construction of the proposed project would have the potential to uncover, damage, or destroy archaeological resources.
Implement Mitigation Measure TCR-1. The project applicant shall implement
cultural awareness
training provided by a
qualified archaeologist
in consultation with a
Native American Tribal
representative.
Prior to the
issuance of any
demolition,
grading, or
building
permits.
City’s Director of
Planning,
Building, and
Code
Enforcement; or
the Director’s
Designee
Documentation
verifying that
the cultural
awareness
training
program has
been completed
shall be
submitted to the
Director of
Planning,
Building and
Code
Enforcement
(PBCE) or the
Director’s
designee within
Prior to the
issuance of
any
demolition,
grading, or
building
permits.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 11 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
20 days of
completion of
the training
Implement Mitigation Measure TCR-2. A qualified
archaeologist in
consultation with a
Native American Tribal
representative shall
prepare a monitoring
plan for all earthmoving
activities and submit the
plan to the City of San
Jose.
Prior to the
issuance of any
demolition,
grading, or
building
permits.
City’s Director of
Planning,
Building, and
Code
Enforcement; or
the Director’s
Designee.
A monitoring
plan for all
earthmoving
activities
Prior to the
issuance of
any
demolition,
grading, or
building
permits.
NOISE
Impact N-1: Construction noise levels would exceed the exterior threshold of 80 dBA Leq at the residential receptors to the north, east, and south of the site. With construction activities lasting over 12 months, generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies would occur.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 12 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
MM N-1: Prior to issuance of any tree
removal, grading, or demolition permits
(whichever occurs first), a construction noise
logistics plan shall be prepared and submitted
to the Director of Planning, Building and
Code Enforcement, or the Director’s designee
for review and approval, that specifies hours
of construction, noise and vibration
minimization measures, posting or
notification of construction schedules, and
designation of a noise disturbance coordinator
who would respond to neighborhood
complaints, to be in place prior to the start of
construction and implemented during
construction to reduce noise impacts on
neighboring residents and other uses. Project
construction operations shall use best
available noise suppression devices and
The project proponent
shall prepare a
construction noise
logistics plan, designate
a noise disturbance
coordinator, and use
best available noise
suppression devices and
techniques.
Prior to Ground
Disturbance and
issuance of any
Tree Removal,
Grading, or
Demolition
Permits
Noise Disturbance
Coordinator
Receive the
construction
noise logistics
plan.
Prior to
Ground
Disturbance
and issuance
of any Tree
Removal,
Grading, or
Demolition
Permits
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 13 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
techniques, including but not limited to the
following:
• Limit construction hours to between 7:00
a.m. and 7:00 p.m., Monday through
Friday, unless permission is granted with
a development permit or other planning
approval. No construction activities are
permitted on the weekends at sites within
500 feet of a residence. Construction
outside of these hours may be approved
through a development permit based on a
site-specific “construction noise
mitigation plan” and a finding by the
Director of Planning, Building and Code
Enforcement that the construction noise
mitigation plan is adequate to prevent
noise disturbance of affected residential
uses.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 14 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
[Project Applicant/Proponent Responsibility]
Documentation of Compliance
[Lead Agency Responsibility]
Method of Compliance
Or Mitigation Action
Timing of
Compliance
Oversight
Responsibility Actions/Reports
Monitoring
Timing or
Schedule
• Construct solid plywood fences or similar
around ground-level construction sites
adjacent to noise-sensitive receptors. A
temporary, 8-foot-high noise barrier shall
be constructed along the project site’s
eastern property lines to shield the
adjacent residential receptors to the north,
east, and south. The noise barrier shall be
solid over the face and at the base of the
barrier to provide a 6 dBA noise
reduction.
• Equip all internal combustion-engine-
driven equipment with intake and exhaust
mufflers that are in good condition and
appropriate for the equipment.
• Prohibit unnecessary idling of internal
combustion engines.
• Locate stationary noise-generating
equipment such as air compressors or
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 15 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
portable power generators as far as
possible from sensitive receptors.
Construct temporary noise barriers to
screen stationary noise-generating
equipment when located near adjoining
sensitive land uses.
• Utilize “quiet” air compressors and other
stationary noise sources where technology
exists.
• Control noise from construction workers’
radios to a point where they are not
audible at existing residences bordering
the project site.
• Notify all adjacent residences and other
noise-sensitive land uses about the
construction schedule, in writing, and
provide a written schedule of “noisy”
construction activities to the adjacent land
uses and nearby residences.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 16 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
• Designate a “disturbance coordinator”
who shall be responsible for responding to
any complaints about construction noise.
The disturbance coordinator shall
determine the cause of the noise
complaint (e.g., bad muffler) and shall
require that reasonable measures be
implemented to correct the problem.
Conspicuously post a telephone number
for the disturbance coordinator at the
construction site and include it in the
notice sent to neighbors regarding the
construction schedule.
Impact N-2: Operational HVAC noise levels would exceed General Plan Policy EC-1.3 noise limits of 55 dBA DNL at the residential receptors to the north and east of the proposed project site. With operational HVAC noise levels, a substantial permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies would occur.
MM N-2: Prior to issuance of any tree
removal, grading, or demolition permits
The project proponent
shall select Mechanical
Prior to issuance
of any tree
City of San José Confirm a
qualified
Prior to
issuance of
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 17 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
(whichever occurs first), mechanical HVAC
equipment shall be selected and designed to
reduce noise levels to meet City requirements
of 55dBa per Section 20.20.300, Performance
standards, at the nearby noise-sensitive land
uses to the north and east of the project site. A
qualified acoustical consultant shall be
retained to review mechanical noise as these
systems are selected to determine specific
noise reduction measures necessary to reduce
noise to comply with the City’s noise level
requirements, and a report shall be prepared
and submitted to the Director of Planning,
Building and Code Enforcement, or the
Director’s designee for review and approval,
to demonstrate compliance. The project
applicant shall conform with any special
building construction techniques requested by
the City’s Building Department prior to
HVAC equipment that
is designed to reduce
noise levels to City
requirements, retain a
qualified acoustical
consultant, submit
report to Director, and
conform with any
special building
construction techniques
requested by the City’s
Building Department.
removal,
grading, or
demolition
permits
acoustical
consultant is
contracted to
review
mechanical
noise and has
provided
acoustical
report.
any tree
removal,
grading, or
demolition
permits
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 18 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
issuance of occupancy permits. Noise
reduction measures could include, but are not
limited to, selection of equipment that emits
low noise levels, locating equipment farther
from adjacent neighbors, and shielding units
with barriers to interrupt direct line of sight.
TRIBAL CULTURAL RESOURCES
Impact T-1: Ground-disturbing activities during construction of the proposed project would have the potential to uncover, damage, or destroy tribal cultural resources.
MM TCR-1: Cultural Awareness Training.
Prior to the issuance of any demolition,
grading, or building permits (whichever
occurs first), the project applicant, in
association with the City of San José, shall
implement a cultural awareness training
program for workers that may be present on
the project site during ground disturbing
activities. Training shall be required for all
construction personnel participating in ground
disturbing construction activities to alert them
The project applicant
shall implement
cultural awareness
training provided by a
qualified archaeologist
in consultation with a
Native American Tribal
representative.
Prior to the
issuance of any
demolition,
grading, or
building
permits.
City’s Director of
Planning,
Building, and
Code
Enforcement; or
the Director’s
Designee
Documentation
verifying that
the cultural
awareness
training
program has
been completed
shall be
submitted to the
Director of
Prior to the
issuance of
any
demolition,
grading, or
building
permits.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 19 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
to the archaeological sensitivity of the project
area and provide protocols to follow in the
event of a discovery of archaeological
materials. The training shall be provided by a
qualified archaeologist in consultation with a
Native American Tribal representative
registered with the Native American Heritage
Commission for the City of San José and that
is traditionally and culturally affiliated with
the geographic area as described in Public
Resources Code Section 21080.3. The
qualified archaeologist, to be retained by the
applicant on an on-call basis, shall develop
and distribute for job site posting an “ALERT
SHEET” summarizing potential
archaeological finds that could be exposed
and the protocols to be followed as well as
points of contact to alert in the event of a
discovery. Documentation verifying that the
cultural awareness training program has been
completed shall be submitted to the Director
Planning,
Building and
Code
Enforcement
(PBCE) or the
Director’s
designee within
20 days of
completion of
the training
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 20 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
of Planning, Building and Code Enforcement
(PBCE) or the Director’s designee within 20
days of completion of the training. The
project applicant shall note on any plans that
require ground disturbing excavation that
there is a potential for exposing buried
cultural resources including prehistoric Native
American burials.
MM TCR-2: Monitoring Plan. Prior to the
issuance of any demolition, grading, or building
permits (whichever occurs first), a qualified
archaeologist, in consultation 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 Section 21080.3, shall prepare
a monitoring plan for all earthmoving activities.
The Plan shall be submitted to the Director of
A qualified
archaeologist in
consultation with a
Native American Tribal
representative shall
prepare a monitoring
plan for all earthmoving
activities and submit the
plan to the City of San
Jose.
Prior to the
issuance of any
demolition,
grading, or
building
permits.
City’s Director of
Planning,
Building, and
Code
Enforcement; or
the Director’s
Designee.
A monitoring
plan for all
earthmoving
activities
Prior to the
issuance of
any
demolition,
grading, or
building
permits.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
Page | 21 File Nos.: PDC24-039 & ER24-088
1170 Roberts Avenue Residential
Development Project
File Nos. PDC24-039 and ER24-088
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
Planning, Building and Code Enforcement
(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, and timing of reporting finds. A
qualified archeologist in collaboration with a
Native American monitor, registered with the
Native American Heritage Commission for the
City of San José and that is traditionally and
culturally affiliated with the geographic area as
described in Public Resources Code Section
21080.3, shall 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.
Source: City of San José. 1170 Roberts Avenue Residential Development Project Initial Study /Mitigated Negative Declaration. June 2025.
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.