City Council and Authorities Concurrent
July 15, 2025

follows:

The project site is located in a developed, urban area in the City of Santa Clara. Habitats in developed areas such as the project site and area include predominantly urban-adapted birds and animals. The burrowing owl, which was designated as a candidate species by the California Department of Fish and Wildlife on October 15, 2024 and occurs in ruderal areas, has been recorded on the vacant SFPUC property adjacent to the north of the site. The last known documentation was in March 2014, when two adults were recorded at a burrow by a community scientist. The City is not aware of recorded sightings since March 2014.

Special-Status Species

The project site does not contain any habitat that is suitable for a special-status plant and animal species. The site is currently developed with a single-family dwelling in an urbanized area of the City. Consequently, the proposed project would not adversely affect any candidate, sensitive, or special-status species on-site. (Less than Significant Impact)

As mentioned previously, the last known documentation of burrowing owls on the vacant SFPUC property adjacent to the site was in March 2014. Although no suitable habitat for burrowing owls is present on the project site, and the species has not been known to occur adjacent to the site in recent years, in the abundance of caution, the project shall implement the following measure as a condition of approval to survey for burrowing owls and protect the burrowing owl in the unlikely event it is present on or adjacent to the project site:

Condition of Approval

• A burrowing owl pre-activity survey shall be conducted in the grassland within the SFPUC corridor north of the site prior to demolition or construction activities. The survey shall be conducted regardless of the time of year in which demolition or construction commence. A qualified biologist shall conduct a pre-activity survey consisting of two visits. The first visit shall occur 2-7 days prior to the start of work activities, and the second visit shall occur within 48 hours prior to the start of work activities. Each site visit shall occur between dawn and 10:00 a.m., or between 2 hours before sunset and dusk, to provide the highest

2303 Gianera Street Tentative Subdivision Project 19 Responses to Comments City of Santa Clara February 2025
detection probability. If no burrowing owls are found during the pre-activity survey, work may proceed and no additional burrowing owl measures are necessary. If one or more burrowing owls are detected during the surveys and/or during the course of construction activities, the following measures shall be implemented. o No new activities (i.e., activities that were not ongoing when the burrow was established) shall occur within a 250-foot buffer zone around the burrow(s) occupied by owls during the nesting season (defined as February 1 through August 31) unless the project proponent develops an avoidance, minimization, and monitoring plan that is reviewed and approved by the California Department of Fish and Wildlife (CDFW) prior to project construction based on the following criteria. ▪ A qualified biologist monitors the owls for at least 3 days prior to construction to determine baseline nesting and foraging behavior (i.e., behavior without construction).
▪ The same qualified biologist monitors the owls during construction and finds no change in owl nesting and foraging behavior in response to construction activities.
▪ If there is any adverse change in owl nesting and foraging behavior as a result of construction activities, these activities shall cease within the 250- foot buffer. Construction cannot resume within the 250-foot buffer until the adults and juveniles from the occupied burrows have moved out, or until the end of the breeding season, whichever occurs earliest.
▪ If monitoring indicates that the nest is abandoned prior to the end of the breeding season and the burrow is no longer in use by owls for a period of at least 7 days, the non-disturbance buffer zone may be removed. o During the nonbreeding season (September 1 through January 31), a buffer of 250 feet shall be maintained around the burrow(s) occupied by owls unless a qualified biologist, in consultation with the CDFW1, determines that the buffer may be reduced or removed.

1 CDFW could require new activities be halted until burrowing owls move outside the non -disturbance buffer zone for a period of at least 7 days, or require an incidental take permit.

2303 Gianera Street Tentative Subdivision Project 20 Responses to Comments City of Santa Clara February 2025

MM CUL-1.2: In the event that prehistoric or historic resources are encountered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall stop, the Community Development Director shall be notified, and a qualified archeologist and a representative of a Native American tribe traditionally and culturally affiliated with the project area shall be retained by the project applicant to examine the find.

The archaeologist shall examine the find and make appropriate recommendations by completing a treatment plan prior to issuance of building permits.

Recommendations in the treatment plan could include collection, recordation, and analysis of any significant cultural materials. The treatment plan would be made available to interested Native American tribe(s) for review prior to City approval. A report of findings documenting any data recovery during monitoring would be submitted to the Community Development Director.

2303 Gianera Street Tentative Subdivision Project 21 Responses to Comments City of Santa Clara February 2025
Section 4.0 Conclusion
The comments received on the IS/MND did not raise any new issues about the project’s environmental impacts or provide information indicating the project would result in new environmental impacts or impacts substantially greater in severity than disclosed in the IS/MND. No new information or substantial evidence supporting a fair argument of a new or more severe impact were provided in the comments that would change the impact discussions or conclusions of the IS/MND.2 Minor clarifications were added to the text of the IS/MND (refer to Section 3.0 Draft IS/MND Text Revisions). The text revisions do not constitute a “substantial revision” pursuant to CEQA Guidelines §15073.5 and recirculation of the MND is not required.

2 Substantial evidence includes “facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts” (Public Resources Code [PRC] §21082.2). It does not include “argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment” (PRC §21082.2).

Appendix A: IS/MND Comment Letters
dts
c.ca.gov

SENT VIA ELECTRONIC MAIL
November 22, 2024
Daniel Sobczak
Associate Planner
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR THE 2303 GIANERA STREET TENTATIVE SUBDIVISION DATED NOVEMBER 8, 2024, STATE CLEARINGHOUSE NUMBER 2024110312
Dear Daniel Sobczak,
The Department of Toxic Substances Control (DTSC) reviewed the Mitigated Negative Declaration (MND) for the 2303 Gianera Street Tentative Subdivision (project). The project proposes demolishing the existing single-family house, one accessory structure, a shed, and associated improvements to subdivide the Project site to construct a total of eight, three-story, townhouse units. One of the eight proposed units would be deemed affordable at a Moderate Rate Income. Each unit would contain a two-car garage and rear yard. Each rear yard would have six-foot privacy fences. The project site has a General Plan designation of Low Density Residential and is zoned as Low Density Residential. The project proposes to rezone the site to Planned Development (PD).

DTSC recommends and requests consideration of the following comments:

1. In S
ection 4.9.2 Impact Discussion, Condition of Approval of the MND it states: “All 55-gallon drums on-site shall be properly removed and disposed of by the applicant at the appropriate facility. Removal activities shall be Comment Letter A
Daniel Sobczak
November 22, 2024

completed under the direction of the Santa Clara Fire Department.” DTSC recommends the City of Santa Clara to receive oversight from the Santa Clara County Department of Environmental Health as they are a certified local agency approved for regulating and monitoring hazardous material use and storage when referencing oversight.

2. D
TSC recommends that all imported soil and fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's Preliminary Endangerment Assessment (PEA) Guidance Manual.

Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil and fill material there should be documentation of the origins of the soil or fill material and, if applicable, sampling be conducted to ensure that the imported soil and fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.

DTSC appreciates the opportunity to comment on the MND for the 2303 Gianera Street Tentative Subdivision project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via email for additional guidance.

Sincerely,
T
amara Purvis
Associate Environmental Planner
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]

Daniel Sobczak
November 22, 2024

cc:
(via email)
Governor’s Office of Land Use and Climate Innovation
State Clearinghouse
[email protected]
Amy Wang
Project Manager
David J. Powers & Associates, Inc.
[email protected]
Carl Wang
Manager / Project Applicant
Gianera St Estate, LLC
[email protected]
Dave Kereazis
Associate Environmental Planner
HWMP-Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP - Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Comment Letter B
Hello Daniel,
Thank you for the public noficaon regarding the above-referenced planned development in Santa Clara. Regarding the poron of the proposed project at 2303 Gianera Street, please be advised that the SFPUC’s Bay Division Pipeline Nos. 3 and 4 are located adjacent to the project site. Please require that the project sponsor submit an Underground Service Alert (USA) request prior to commencing construcon. Because the proposed project involves grading and/or excavaon at our shared property boundary, further review may be required. Please coordinate with our Land Engineering Team, Tracy Leung and Stacie Feng, who are copied on this email. This project may require further review under the SFPUC's Project Review process.

Addional informaon regarding Project Review can be found here:
hps://sfpuc.org/construcon-contracts/lands-rights-of-way/project-review-and-land-use- bay-area
Link to development plans here:
hps://www.santaclaraca.gov/home/showpublisheddocument/84106/638531924592970000 If you have any quesons or need more informaon, please contact me.

Elton Wu
Pronouns: He/ Him
Environmental Compliance and Land Planner
SFPUC Water Enterprise
Natural Resources and Lands Management Division
525 Golden Gate Avenue, 10th Floor
San Francisco, CA 94102
cell: (415) 971 7657
ewu@sfwater .org

TAMIEN NATION
P.O. Box 8053, San Jose, California 95155
(707) 295-4011
[email protected]
Formal Request for Tribal Consultation Pursuant to the California Environmental Quality Act (CEQA), Public Resources Code section 21080.3.1, subds. (b), (d) and (e), Alternatives to the project
Recommended mitigation measures
Significant effects of
the project
Tamien Nation also requests consultation on the following discretionary topics checked below (Public Resources Code section 21080.3.2(, subd. (a):

Type of environmental review necessary
Significance of tribal cultural resources, including any regulations, policies standards used by you agency or to determine
significance of tribal cultural resources
Significance of the
project’s impacts on tribal cultural resources
Project alternatives and/or appropriate measures for preservation or mitigation that we may recommend, including, but not limited to:

RE:

Sent Via Email:

Project:

Dear
Thank you for the notification. We sincerely appreciate your time and effort in reaching out to us. This letter serves as a formal request for tribal consultation in accordance with the provisions of the California Environmental
Quality Act (CEQA) Public Resources Code section 21080.3.1 subdivisions (b), (d) and (e) for the
mitigation of potential project impacts to tribal cultural resource for the above referenced project. Tamien Nation requested formal notice and information for all projects within your agency’s geographical jurisdiction and received project notification on
Tamien Nation requests
consultation on the following topics checked below, which shall be included in consultation (Public Resources Code section 21080.3.2.

Comment Letter C
(1) Avoidance and preservation of the resources in place, pursuant to Public Resources Code section 21084.3, including, but not limited to, planning and construction to avoid the resources and protect the cultural and natural context, or planning greenspace, parks or other open space, to incorporate the resources with culturally appropriate protection and management criteria;
(2) Treating the resources with culturally appropriate dignity taking into account the tribal cultural values and meaning of the resources, including but not limited to the following:
a. Protecting the cultural character and integrity of the resource; b. Protection the traditional use of the resource; and
c. Protecting the confidentiality of the resource.
(3) Permanent conservation easements or other interests in real property, with culturally appropriate management criteria for the purposes of preserving or utilizing the resources or places.
(4) Protecting the resource.

Additionally, Tamien Nation would like to receive any cultural resources assessments or other assessments that have been complet
ed on all or part of the project’s potential “area of project effect” (APE), including, but not limited to:

1. The results of any record search that may have been conducted at an Information Center of the California Historical Resources Information System (CHRIS), including, but not limited to:
■ A listing of any and all known cultural resources have already been recorded on or adjacent to the APE;
■ Copies of any and all cultural resource records and study reports that may have been provided by the Information Center as part of the records search response; ■ If the probability is low, moderate, or high that cultural resources are located in the APE.
■ Whether the records search indicates a low, moderate or high probability that unrecorded cultural resou
rces are located in the potential APE; and
■ If a survey is recommended by the Information Center to determine whether previously unrecorded cultural resources are present.

2. The results of any archaeological inventory survey that was conducted, including:
■ Any report that may contain site forms, site significance, and suggested mitigation measures.

All information regarding site locations, Native American human remains, and associated funerary objects should be in a separate confidential addendum, and not be made available for public disclosure in accordance with Government Code Section 6254.10.

3. The results of any Sacred Lands File (SFL) check conducted through Native American Heritage Commission. The request form can be found at http://www.nahc.ca.gov/slf_request.html. USGS 7.5-minute quadrangle name, township, range, and section required for the search.

4. Any ethnographic studies conducted for any area including all or part of the potential APE; and

5. Any geotechnical reports regarding all or part of the potential APE.

We would like to draw your attention to CEQA Guidelines Section 15126.4, subdivision (b)(3), emphasizing that avoidance and preservation in place is the preferred method for mitigating impacts to archaeological sites. The California Court of Appeal has clarified in the case of Madera Oversight Coalition v. County of Madera (2011) 199 Cal.App.4th 48 (disapproved on other grounds, Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439) that "feasible preservation in place must be adopted to mitigate impacts to historical resources of an archaeological nature unless the lead agency determines that another form of mitigation is available and provides superior mitigation of impacts." It is crucial to adhere to this guideline in order to ensure the effective preservation of tribal cultural resources. If you have any questions or require further clarification on this matter, please do not hesitate to reach out.

To streamline the process, please send us the requested documentation at least ten (10) business days before our initial consultation meeting. You can view our availability and schedule a consultation meeting with us here: https://calendly.com/tamien/ab-52sec106-consultation.

Tamien Nation lead contact for consultation is:

Quirina
Geary, , Chairwoman
PO
Box 8053
San Jose, , CA 95155
(707) 295
-4011
[email protected]
Tamien Nation expects to begin consultation within 30 days of your receipt of this letter.

Please refer to identification number in any correspondence for this project.

On behalf of Tamien Nation, we t hank you for providin g us with this notice and the opportunity t o comment.

Sincerely,
Quirina Geary
Cha
irwoman
cc: Native American He ritage Commission

Comment Letter D
Comment Letter E
Comment Letter F
Comment Letter G
Comment Letter H
Comment Letter I

November 27, 2024
Daniel Sobczak
Associate Planner, City of Santa Clara
1500 Waburton Avenue
Santa Clara, CA 95050
Via email to:[email protected]
Re: IS/MND for the 2303 Gianera Street Tentative Subdivision Dear Mr. Sobczak,
The Santa Clara Valley Bird Alliance (SCVBA) was founded as the Santa Clara Valley Audubon Society in 1925, and with over 1,000 members, is one of the largest National Audubon Society chapters in California.

Our members care deeply about the protection of birds and wildlife in Santa Clara Valley and beyond. We write to ask that the City include Burrowing owl surveys in the mitigations for the 2303 Gianera Street Tentative Subdivision.

On October 10, 2024, the burrowing owls were listed as a candidate species under the California Endangered Species Act. Therefore, burrowing owls are afforded protection while the California Department of Fish and Wildlife conducts a status review.

The planned construction is adjacent to a strip of undeveloped land acting as a buffer between the surrounding subdivision and the Northern Receiving Electrical Substation, southeast of Levi’s Stadium (see Figure 1). This undeveloped land was formerly home to burrowing owls and owls may still use this habitat today.

We ask that adequate surveys and mitigation processes are performed to ensure burrowing owls and their habitat are not disturbed by this development. The Valley Habitat Plan provides survey protocols for nesting, migratory and wintering burrowing owls. In the event that burrowing owls are found on the adjacent property, The Habitat Agency can facilitate and coordinate mitigation measures.

Please keep us informed [email protected] the approval process for this project moves forward Sincerely,
Comment Letter J
Shani Kleinhaus
Environmental Advocate
Santa Clara Valley Bird Alliance
Figure 1. Outlined in black is the proposed 2303 Gianera Street Tentative Subdivision. Outlined in red is the adjacent burrowing owl habitat.

Comment Letter K
Comment Letter L
Hi Daniel
I am writing to oppose the rezoning the site (2303 Gianera Street) from low density residential to planned development. While the current zone planning of our street at Gianera Street is working very well, the addition of high density housing will undoubtedly disrupt our quiet environment. Parking spaces in the area are already limited, and increased density will exacerbate this issue, creating overcrowded streets and further diminishing the quality of life for residents.

Moreover, approving this rezoning sets a dangerous precedent for future developments. It opens the door for additional high-density projects, which could overwhelm our local infrastructure, schools, and public services. This gradual shift away from the area's intended low-density residential character threatens the very qualities that make our community desirable. Also, this site just caught fire recently and we feel worried about the management of this site. I have a question mark of their operation ability.

I urge you to consider these concerns and protect our neighborhood by maintaining the site's current zoning.

Regards!
Yuen Lam and Kam Sun
2303 Gianera Street Tentative Subdivision Project 1 City of Santa Clara

DRAFT

MITIGATION MONITORING AND REPORTING PROGRAM

2303 Gianera Street Tentative Subdivision Project
File #: PLN23-00577

CITY OF SANTA CLARA

February 2025

2303 Gianera Street Tentative Subdivision Project 2 City of Santa Clara

P R E F A C E
Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation.

On July 15, 2025, the City Council adopted the Initial Study/Mitigated Negative Declaration (IS/MND) for the 2303 Gianera Street Tentative Subdivision project. The IS/MND concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This Mitigation Monitoring or Reporting Program addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the IS/MND concluded that mitigation measures would not be required to reduce significant impacts.

2303 Gianera Street Tentative Subdivision Project 1 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Air Quality
IMPACT AQ-3:

Construction of the
proposed project would
exceed BAAQMD
single-source
thresholds for
incremental cancer risk
and PM2.5
concentration.

MM AQ-3.1: The project shall implement a feasible plan to reduce DPM emissions by 55 percent such that increased
cancer risk and annual PM2.5 concentrations from construction would be reduced below TAC significance levels. The 55- percent reduction can be achieved in one of the following ways:

1. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or
20 hours total shall meet U.S. EPA Tier 4 interim
emission standards for PM (PM
10 and PM2.5).

2. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or
20 hours total shall meet U.S. EPA emission standards
for Tier 3 engines and include particulate matter
emissions control equivalent to CARB Level 3
verifiable diesel emission control devices that
altogether achieve a 55 percent reduction in particulate matter exhaust in comparison to uncontrolled
equipment; alternatively (or in combination).

3. A combination of some of the following measures to
achieve a reduction in construction diesel particulate
matter emissions by 55 percent or greater:
- Implementation of No. 1 above to use Tier 4
interim engines or alternatively fueled
equipment,
During
construction

Project
applicant and
contractor

Director of
Community
Development or
Director’s
Designee

2303 Gianera Street Tentative Subdivision Project 2 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
- Installation of electric power lines during early
construction phases to avoid use of diesel
generators and compressors,
- 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
usage.

Biology
Impact BIO-1:

Construction activities
associated with the
proposed project could
result in the loss of
fertile eggs, nesting
raptors or other
migratory birds, or nest
abandonment, which
would constitute a
significant impact
under the Migratory
Bird Treaty Act
MM BIO-1.1: The project applicant shall schedule demolition and construction activities to avoid the nesting season, if feasible. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st (inclusive).

If demolition and construction cannot be scheduled between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February 1st through April 30th inclusive) and no more than 30 days If demolition and
construction
activities cannot
be scheduled
between
September 1
st
and January 31st
(inclusive), a
qualified
ornithologist
shall complete
pre-construction
surveys no more
Project applicant
and
qualified
ornithologist
Director of
Community
Development or
the Director’s
Designee

2303 Gianera Street Tentative Subdivision Project 3 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
(MBTA) and California
Fish and Game Code
Sections 3503, 3503.5,
and 3800.
prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st inclusive).

During this survey, the ornithologist shall inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist shall determine the extent of a construction free buffer zone to be established around the nest, to ensure that raptor or migratory bird nests shall not be disturbed during project construction.

Prior to any tree removal, or approval of any 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 Community Development Director or Director’s designee.

than 14 days
prior to the
initiation of
demolition or
construction
activities during
the early part of
the breeding
season and no
more than 30
days prior to the
initiation of these
activities during
the late part of
the breeding
season as
described in MM
BIO-1.1. If an
active nest is
found, a
construction free
buffer zone shall
be established as
needed per MM
BIO-1.1. Prior to
any tree
removal, or

2303 Gianera Street Tentative Subdivision Project 4 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
approval of any
grading or
demolition
permits
(whichever
occurs first), a
qualified
ornithologist
shall submit a
report per MM
BIO-1.1.

Cultural Resources
IMPACT CUL-1:

Construction of the
proposed project could
result in impacts to as
yet unidentified buried
archaeological
resources.

MM CUL-1.1: A qualified archaeologist shall provide
sensitivity training to construction crew prior to the initial ground-breaking activities.

MM CUL-1.2: In the event that prehistoric or historic
resources are encountered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall stop, the Community Development Director shall be notified, and a qualified archeologist and a representative of a Native American tribe traditionally and culturally affiliated with the project area shall be retained by the project applicant to examine the find. The archaeologist shall make appropriate recommendations by completing a treatment plan prior to issuance of building permits. Recommendations in the
treatment plan could include collection, recordation, and Prior to
commencement
of any ground-
disturbing
activity on-site
for MM CUL-

1.1. During
construction if
resources are
encountered for
MM CUL-1.2.

Project applicant
and a registered
professional
archaeologist

Director of
Community
Development or
Director’s
Designee

2303 Gianera Street Tentative Subdivision Project 5 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
analysis of any significant cultural materials. The treatment plan would be made available to interested Native American tribe(s) for review prior to City approval. A report of findings documenting any data recovery during monitoring would be submitted to the Community Development Director.

Impact CUL-2:

Construction activities
on-site could result in
the exposure or
destruction of as yet
undiscovered human
remains.

MM CUL-2.1: In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped by the project applicant/contractor. The Santa Clara County Coroner shall be notified by the project applicant, and the Coroner shall make a determination as to whether the remains are of Native
American origin or whether an investigation into the cause of death is required. If the remains are determined to be Native American, the Coroner shall notify the Native American
Heritage Commission (NAHC) immediately. Once NAHC
identifies the most likely descendants, the descendants shall make recommendations regarding proper burial, which shall be implemented in accordance with Section 15064.5(e) of the CEQA Guidelines.

In the event that
human remains
are discovered
during
excavation
and/or grading
of the site
Project applicant
and contractor
Santa Clara
County Coroner
and
Native American
Heritage
Commission
(NAHC)
Geology and Soils
Impact GEO-1:

Buildings constructed
on-site could
experience settlement
in the event of strong
MM GEO-1.1: Consistent with General Plan Policy 5.10.5-P6, the project shall be built using standard engineering and seismic safety design techniques. Building design and construction at the site shall be completed in conformance with the
recommendations of the February 2023 geotechnical
investigation prepared by Silicon Valley Soil Engineering for As part of the
building permit
review and
issuance
process, the site-
specific
Project applicant
and contractors
City of Santa
Clara’s Building
Division

2303 Gianera Street Tentative Subdivision Project 6 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
ground shaking as a
result of an earthquake.
the project. The report shall be reviewed and approved by the City of Santa Clara’s Building Division as part of the building permit review and issuance process to confirm the findings of the report and consistency of the project plans with the recommendations. The building shall meet the requirements of applicable Building and Fire Codes, including the latest California Building Code, as adopted or updated by the City.

The project shall be designed to withstand potential geologic hazards identified on the site, including shrink swell capacity of soils, and the project shall be designed to reduce the risk to life or property to the extent feasible and in compliance with the Building Code.

geotechnical
investigation
shall be
approved.

During
construction,
standard
engineering and
seismic safety
design
techniques,
recommendation
s from the
geotechnical
investigation,
and compliance
to existing code
requirements
and regulations
shall be
implemented.

Noise and Vibration
Impact NOI-1.1:

Construction noise
levels would
potentially exceed the
MM NOI-1.1: A qualified acoustical consultant shall prepare a construction noise control plan to be submitted to the City for review and approval prior to issuance of a demolition and/or Prior to issuance
of a demolition
and/or grading
permit, prepare
Project applicant
and a qualified
acoustical
consultant
Director of
Community
Development or

2303 Gianera Street Tentative Subdivision Project 7 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
exterior threshold of 80
dBA Leq at residential
land uses to the east
and west.
grading permit, including, but not limited to, the following available controls:

• Ensure that excavating, grading and filling activities, and other construction activities (including the loading and unloading of materials and truck movements)
within 300 feet of residentially zoned property, are
limited to the hours of 7:00 a.m. to 6:00 p.m. on
weekdays and between the hours of 9:00 a.m. and 6:00
p.m. on Saturdays. No construction is permitted on
Sundays or holidays.
• Construct a solid plywood fence along the eastern and western property lines, where feasible, to shield the
adjoining residential receptors from construction work.

A temporary eight-foot-tall noise barrier would be tall enough to block direct line-of-sight with ground-level
receptors.
• Equip all internal combustion engine-driven equipment with intake and exhaust mufflers that are in good
condition and appropriate for the equipment.
• Unnecessary idling of internal combustion engines
shall be strictly prohibited.
• Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from sensitive receptors as feasible. If they
must be located near receptors, adequate muffling
and submit a
construction
noise control
plan to the City.

During
construction,
implement the
construction
noise control
plan.

Project applicant
and contractor
Director’s
Designee

2303 Gianera Street Tentative Subdivision Project 8 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
(with enclosures where feasible and appropriate) shall
be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall
face away from sensitive receptors.
• Construction staging areas shall be established at
locations that would create the greatest distance
between the construction-related noise sources and
noise-sensitive receptors nearest the project site during all project construction.
• Locate material stockpiles, as well as
maintenance/equipment staging and parking areas, as
far as feasible from residential receptors.
• Control noise from construction workers’ radios to a
point where they are not audible at existing residences bordering the project site.
• The contractor shall prepare a detailed construction
schedule for major noise-generating construction
activities. The construction plan shall identify a
procedure for coordination with adjacent residential
land uses so that construction activities can be
scheduled to minimize noise disturbance.
• Designate a “disturbance coordinator” who would be
responsible for responding to any complaints about
construction noise. The disturbance coordinator shall
determine the cause of the noise complaint (e.g., bad

2303 Gianera Street Tentative Subdivision Project 9 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
muffler, etc.) and 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 in it the notice sent to neighbors regarding the construction
schedule.

Impact NOI-1.2: The
operation of
mechanical equipment
would potentially
exceed the City’s
nighttime threshold at
residential receptors to
the east and west of the
project.

MM NOI-1.2: The applicant shall have a qualified acoustical consultant prepare a detailed acoustical study during final design to evaluate the potential noise generated by mechanical equipment and demonstrate the necessary noise control to meet the City’s 50 dBA nighttime noise threshold at the receiving property lines. Noise control features, such as selection of quiet units, sound attenuators, enclosures, and barriers shall be identified and evaluated to demonstrate that mechanical equipment noise shall not exceed 50 dBA at the receiving property lines. The noise control features identified by the study shall be incorporated into the project prior to issuance of a building permit.

Prior to issuance
of a building
permit.

Project applicant
and qualified
acoustical
consultant
Director of
Community
Development or
Director’s
Designee
Impact NOI-2:

Construction vibration
levels would exceed the

0.03 in/sec PPV
threshold at the
residences east and
west of the site.

MM NOI 2.1: The project applicant or the applicant’s contractor shall implement the following measures during construction to reduce construction vibration generated by the project:

• Avoid using vibratory rollers and clam shovel drops
within 25 feet of the adjacent buildings to the east and west.
• Select demolition methods that do not involve large
impact tools such as hoe-rams within 25 feet of the
During
construction
Project applicant
or contractors
Director of
Community
Development or
Director’s
Designee

2303 Gianera Street Tentative Subdivision Project 10 City of Santa Clara

MITIGATION MONITORING OR REPORTING PROGRAM
2303 GIANERA STREET TENTAIVE SUBDIVISION
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
adjoining residences to the east and west. Portable
jackhammers, saws, or grinders shall be used to
minimize impacts to the ground.
• Avoid dropping heavy equipment and use alternative
methods for breaking up existing pavement, such as a
pavement grinder, instead of dropping heavy objects,
within 25 feet of the adjacent buildings to the east and west.
• Smaller equipment (less than 18,000 pounds) shall be
used near the property lines adjacent to buildings to
minimize vibration levels. For example, a smaller
vibratory roller similar to a Caterpillar model CP433E
vibratory compactor could be used when compacting
materials within 25 feet of the adjacent buildings.
• Hoe rams, large bulldozers, drill rigs, loaded trucks, and other similar equipment shall not be used within
25 feet of adjacent buildings to the east and west.

2303 Gianera Street Tentative Subdivision Project 11 City of Santa Clara In addition to mitigation measures listed above, there are also other conditions of approval the project shall implement, including the following:

CONDITIONS OF APPROVAL
2303 GIANERA STREET TENTAIVE SUBDIVISION
Construction Period Emissions Best Management Practices The contractor shall implement the following best management practices during construction:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.

7. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.

8. Publicly visible signs shall be posted with the telephone number and name of the person to contact at the lead agency regarding dust complaints.

This person shall respond and take corrective action within 48 hours. The Air District’s General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

Construction Water Quality Best Management Practices
• Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains. • Earthmoving or other dust-producing activities shall be suspended during period of high winds. • All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary. • Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered. • All trucks hauling soil, sand, and other loose materials shall be covered. • All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers).
• Establish and maintain effective perimeter controls.
• All construction entrances and exits shall be stabilized to sufficiently control erosion and sediment discharges.

2303 Gianera Street Tentative Subdivision Project 12 City of Santa Clara

CONDITIONS OF APPROVAL
2303 GIANERA STREET TENTAIVE SUBDIVISION
• Vegetation in disturbed areas shall be replanted as quickly as possible. 55 Gallon Drums Removal Practices
• All 55-gallon drums on-site shall be properly removed and disposed of by the applicant at the appropriate facility. Removal activities shall be completed under the direction of the Santa Clara Fire Department.

ACMs and LBP
• In conformance with state and local laws, a visual inspection/pre-demolition survey, and possible sampling, shall be conducted prior to the demolition of on-site building(s) to determine the presence of ACSMs and/or LBP. • During demolition activities, all building materials containing LBP shall be removed in accordance with Cal/OSHA Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing LBP or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed. • All potentially friable ACMs shall be removed in accordance with NESHAP guidelines prior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.
• A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above. • Materials containing more than one-percent asbestos shall also be removed in accordance with BAAQMD requirements and notifications.

Interior Noise Building Design Measures
• The project applicant shall prepare final design plans that incorporate building design and acoustical treatments to ensure compliance with State Building Codes and City noise standards. A project-specific acoustical analysis shall be prepared by a qualified acoustical consultant to ensure that the design incorporates controls (i.e., forced-air mechanical ventilation systems) to reduce interior noise levels to 45 dBA CNEL or lower within the residential units. The project applicant shall conform with any special building construction techniques requested by the City’s Building Department, which may include sound-rated windows and doors, sound-rated wall constructions, and acoustical caulking.

Burrowing Owls
• A burrowing owl pre-activity survey shall be conducted in the grassland within the SFPUC corridor north of the site prior to demolition or construction activities. The survey shall be conducted regardless of the time of year in which demolition or construction commence. A qualified biologist shall conduct a pre-activity survey consisting of two visits. The first visit shall occur 2-7 days prior to the start of work activities, and the second visit shall occur within 48 hours prior to the start of work activities. Each site visit shall occur between dawn and 10:00 a.m., or between 2 hours before sunset and dusk, to provide the highest detection probability. If no burrowing owls are found during

2303 Gianera Street Tentative Subdivision Project 13 City of Santa Clara

CONDITIONS OF APPROVAL
2303 GIANERA STREET TENTAIVE SUBDIVISION
the pre-activity survey, work may proceed and no additional burrowing owl measures are necessary. If one or more burrowing owls are detected during the surveys and/or during the course of construction activities, the following measures shall be implemented. o No new activities (i.e., activities that were not ongoing when the burrow was established) shall occur within a 250-foot buffer zone around the burrow(s) occupied by owls during the nesting season (defined as February 1 through August 31) unless the project proponent develops an avoidance, minimization, and monitoring plan that is reviewed and approved by the California Department of Fish and Wildlife (CDFW) prior to project construction based on the following criteria.  A qualified biologist monitors the owls for at least 3 days prior to construction to determine baseline nesting and foraging behavior (i.e., behavior without construction).
 The same qualified biologist monitors the owls during construction and finds no change in owl nesting and foraging behavior in response to construction activities.
 If there is any adverse change in owl nesting and foraging behavior as a result of construction activities, these activities shall cease within the 250-foot buffer. Construction cannot resume within the 250-foot buffer until the adults and juveniles from the occupied burrows have moved out, or until the end of the breeding season, whichever occurs earliest.  If monitoring indicates that the nest is abandoned prior to the end of the breeding season and the burrow is no longer in use by owls for a period of at least 7 days, the non-disturbance buffer zone may be removed. o During the nonbreeding season (September 1 through January 31), a buffer of 250 feet shall be maintained around the burrow(s) occupied by owls unless a qualified biologist, in consultation with the CDFW 1, determines that the buffer may be reduced or
removed.

Sources:

City of Santa Clara. 2303 Gianera Street Tentative Subdivision Initial Study/Mitigated Negative Declaration. October 2024.

City of Santa Clara. 2303 Gianera Street Tentative Subdivision Responses to Public Comments Memorandum. February 2025.

1 CDFW could require new activities be halted until burrowing owls move outside the non -disturbance buffer zone for a period of at least 7 days, or require an incidental take permit.