A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE ADOPTING THE ADDENDUM

Transcription

1 RD:JVP:JMD 5/26/2017 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE ADOPTING THE ADDENDUM TO THE DOWNTOWN COLLEGE PREPARATORY RELOCATION PROJECT INITIAL STUDY/MITIGATED NEGATIVE DECLARATION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, AND ADOPTING A RELATED MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, the City of San José ( City ) acting as lead agency under the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively CEQA ), prepared the Downtown College Preparatory Relocation Project Initial Study/Mitigated Negative Declaration (IS/MND), which analyzed the environmental impacts of the relocation of two Downtown College Preparatory charter schools (El Primero High School located at 1460 The Alameda and El Camino Middle School located at 1155 East Julian Street) to the project site located at 1402 Monterey Highway, the renovation of the project site to accommodate the relocated schools, and the increase in the school s capacity to a maximum of 1,237 students; and WHEREAS, the Planning Commission of the City certified said Downtown College Preparatory Relocation Project IS/MND at a public hearing on April 27, 2016, which certification was not appealed; and WHEREAS, in connection with the adoption of a resolution approving the Conditional Use Permit and Site Development Permit for the Downtown College Preparatory Relocation Project (Planning File No. CP16-013), the Planning Commission adopted Resolution No on April 27, 2016, setting forth certain findings pertaining to the project, which approval was not appealed; and 1 T / _2.doc Council Agenda: Item No.: 10.3a DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

2 RD:JVP:JMD 5/26/2017 WHEREAS, prior to the adoption of this Resolution, the Planning Director of the City of San José prepared and approved an Addendum to Downtown College Preparatory Relocation Project IS/MND under Planning File Nos. PDC and PD (the Addendum ), all in accordance with CEQA; and WHEREAS, the Downtown College Preparatory Relocation Project at 1402 Monterey Highway (the Project ) analyzed under the Addendum consists of a Planned Development Rezoning and a Planned Development Permit to allow a redesign of a previously approved parking lot, driveway locations, and outdoor recreation space for an existing school, Downtown College Preparatory, on a 3.4 gross acre site located at the southwest corner of Monterey Highway and East Alma Avenue, at 1402 Monterey Highway in San José, California; and WHEREAS, as further described in the Addendum, the implementation of the Project would not result in new significant effects on the environment beyond those already identified in the previously approved Downtown College Preparatory Relocation Project IS/MND, nor will the Project result in an increase in the severity of significant effects identified in the Downtown College Preparatory Relocation Project IS/MND, and identified mitigation measures, as amended, would continue to reduce each of those significant effects to a less-than significant level; and WHEREAS, the related mitigation measures are described in the Addendum; and WHEREAS, a related Mitigation Monitoring and Reporting Program ( Mitigation Monitoring and Reporting Program ) was prepared that incorporates the mitigation measures from the previously certified Downtown College Preparatory Relocation Project IS/MND; and 2 T / _2.doc Council Agenda: Item No.: 10.3a DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

3 RD:JVP:JMD 5/26/2017 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 Downtown College Preparatory Relocation Project IS/MND and the Addendum, including the 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 Downtown College Preparatory Relocation Project IS/MND and the Addendum thereto and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, 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 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 make the following findings: (1) it has independently reviewed and analyzed the Downtown College Preparatory Relocation Project IS/MND, as modified by the Addendum, as well as other information in the record and has considered the information contained therein, prior to acting upon or approving the Project, (2) the Addendum modifying the Downtown College Preparatory Relocation Project IS/MND prepared for the Project has been completed in compliance with CEQA and is consistent with state and local guidelines implementing CEQA, and (3) the Addendum modifying the Downtown College Preparatory Relocation Project IS/MND 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 at the 3 T / _2.doc Council Agenda: Item No.: 10.3a DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

4 RD:JVP:JMD 5/26/2017 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 Addendum and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File Nos. PDC and PD16-035). The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit A and is fully incorporated herein by this reference. The Downtown College Preparatory Relocation Project IS/MND and the Addendum and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Director of Planning, located at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, and (2) available for inspection by any interested person. ADOPTED this day of, 2017, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk 4 T / _2.doc Council Agenda: Item No.: 10.3a DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

5 EXHIBIT "A" (File Nos. PDC16-050; PD16-035) MITIGATION MONITORING OR REPORTING PROGRAM Downtown College Preparatory Relocation Project File No. PDC & PD CITY OF SAN JOSE May 2017 CITY OF A SANJOSE CAPITAL OF SI LlCo.."l VALLEY DRAFT--Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

6 EXHIBIT "A" (File Nos. PDC16-050; PD16-035) PREFACE Section 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. The Downtown College Preparatory Relocation Project Initial Study (IS) / Mitigated Negative Declaration (MND), as amended, 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 concluded that the impacts from implementation of the project would be less-thansignificant. I,.:hIl\1~ A,ntAAl\\!, the applicant, on the behalf of\)foi!f!'!1""" C"'~e?rep, hereby agree to fully implement the Mitigation Measures described below which have been developed in conjunction with the preparation of an Initial StudylMitigated Negative Declaration for my proposed project. I understand that these mitigation measures or substantially similar measures will be adopted as conditions of approval with my development permit request to avoid or significantly reduce potential environmental impacts to a less than significant level, where feasible. Project Applicant's Signature r--+-'---c Date "7 z::; \ [ DRAFT--Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document. )

7 EXHIBIT "A" (File Nos. PDC16-050; PD16-035) crrrof A SANJOSE CAPITAL OF SILICON VAllEY Department of Planning, Building and Code Enforcement HARRY FREITAS, DIRECTOR Downtown College Preparatory Relocation Project File No. PDC & PD MITIGATIONS Documentation of Compliance [Applicant/Proponent Responsibility) MONITORING AND REPORTING PROGRAM Documentation of Compliance [Lead Agency Responsibility) Adopted Mitigation Measures Responsibility Method of Timing of Monitoring Actions/Report Monitoring for Compliance Compliance Reporting s Timing or Implementation Or Mitigation Responsibility Schedule Action Air Quality MM AIR 1-1: A refined TAC analysis for the project shall Project Applicant Completion of MM AIR 1-1 and Supervising A report The measure be completed by a qualified air quality consultant, refined TAC 1-2, prior to Environmenta indicating the shall be consistent with BAAQMD standards, prior to issuance of analysis, issuance of I Planner of results of the implemente building permits. determination building permits. the refined TAC d prior to of required Department issuance of analysis and the MM AIR 1-2: Based on the findings of the TAC emissions filtration MM AIR 1-3, prior of Planning, occupancy determination analysis, the qualified air quality consultant will determine system, to issuance of Building and permits. of the required performance standards for air filtration systems for the installation and occupancy Code buildings on-site. testing of permits. Enforcement filtration filtration (PBCE) system. MM AIR 1-3: The air filtration system shall be tested by a system, and MM AIR 1-4, qualified air quality consultant to ensure that the systems ongoing ongoing. are operating as designed. A report of the findings will be maintenance of submitted to the Director of Planning, Building and Code filtration Enforcement for review and approval prior to issuance of system. occupancy permits. MM AIR 1-4: An ongoing maintenance plan for the buildings' heating, ventilation, and air conditioning (HVAC) air filtration systems shall be prepared and submitted to the Director of Planning, Building, and Code Enforcement for review and approval prior to issuance of the Downtown College preparato YJ ) May 2017 DRAFT--Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document. 1 Mitigation Monitoring or Repo l\.. ~.

8 EXHIBIT "A" (File Nos. PDC16-050; PD16-035) occupancy permit. This maintenance plan is typically developed by the contractor responsible for designing and constructing the HVAC system for the project. Ha zards and Hazardous Materials MM HAl-l.l: A Risk Management Plan (RMP) shall be Project Applicant Preparation and Prior to issuance Supervising Preparation and The measure prepared to establish appropriate practices to manage the and contractors implementation of demolition or Environmenta review of Risk shall be impacted soil both during construction and post- of Risk grading permits. I Planner of Management implemente construction. The RMP shall include the following key Management the Plan by the d for prior to components: Plan. Department construction City's Director Protocols for the excavation and disposal of impacted of Planning, activity. of Planning, soil in planned softscape areas; Building and Building and Procedures to follow when the hardscape "cap" is Code Enforcement Code breached and underlying soil is exposed and/or (PBCE) Enforcement, disturbed; and copied to A long-term operation and maintenance plan to the confirm the integrity of the "cap"; Environmental Protocols to evaluate the quality of soil suspected of Service being contaminated so that appropriate mitigation, Department's disposal or reuse alternatives, if necessary, can be Environmental determined; Compliance Health and Safety Plan (HASP) presenting worker Officer. training requirements, health and safety measures and soil handling procedures such that field activities can be conducted in a safe manner; Site-specific ADMP specifying dust mitigation practices to be implemented during planned construction, excavation and grading activities. MM HAl-1.2: Prior to issuance of a grading permit, a copy of the RMP must be approved by the City's Director of Planning, Building and Code Enforcement, and copied to the Environmental Service Department's Environmental Compliance Officer. Source: Downtown College Preparatory Relocation Project Initial Study/Mitigated Negative Dec/arotion. April Addendum to the Final Initial Study/Mitigated Negative Dec/orotion for the Downtown College Prep Relocation Project. May 2017 ~~I.~ DRAFT--Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document. Mitigation Monitoring or Re1'- -! ) May