RD:JVP:JMD 05/04/2016 RESOLUTION NO.

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1 RD:JVP:JMD 05/04/2016 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE ADOPTING THE SCOTIA APARTMENTS ( ALMADEN ROAD) PLANNED DEVELOPMENT REZONING PROJECT MITIGATED NEGATIVE DECLARATION, FOR WHICH AN INITIAL STUDY WAS PREPARED, ALL IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, AND ADOPTING A RELATED MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, prior to the adoption of this Resolution, the Planning Director of the City of San José prepared an Initial Study and approved for circulation a Mitigated Negative Declaration for the Scotia Apartments ( Almaden Road) Planned Development Rezoning Project under Planning File No. PDC (the Initial Study/Mitigated Negative Declaration ), all in accordance with the requirements of the California Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively CEQA ); and WHEREAS, the Scotia Apartments ( Almaden Road) Planned Development Rezoning Project (the Project ) analyzed under the Initial Study/Mitigated Negative Declaration consists of a Planned Development Rezoning of six properties from the R-M Multiple Residence Zoning District and the R-1-5 Single-Family Residence Zoning District to the A(PD) Planned Development Zoning District to allow for up to 55 multi-family residential units on an approximately 0.99 gross acre site ( Almaden Road) 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 1 T / _2.doc Council Agenda: Item No.: 11.4a DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

2 RD:JVP:JMD 05/04/2016 environment and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and WHEREAS, in connection with the approval of a project involving the preparation of an initial study/mitigated negative declaration that identifies one or more significant environmental effects, CEQA requires the decision-making body of the lead agency to incorporate feasible mitigation measures that would reduce those significant environmental effects to a less-than-significant level; and WHEREAS, whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project for consideration by the decision-maker of the City of San José as lead agency for the Project (the Mitigation Monitoring and Reporting Program ); and WHEREAS, the City of San José is the lead agency on the Project, and the City Council is the decision-making body for the proposed approval to undertake the Project; and WHEREAS, the City Council has reviewed and considered the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and WHEREAS, the Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program for the Project are on file in the Office of the Director of Planning, located at 200 East Santa Clara Street, 3 rd Floor Tower, San José, 2 T / _2.doc Council Agenda: Item No.: 11.4a DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

3 RD:JVP:JMD 05/04/2016 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 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 at the Director s Office at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California, 95113, as the custodian of documents and records of proceedings on which this decision is based. THAT THE CITY COUNCIL does hereby find that based upon the entire record of proceedings before it and all information received that there is no substantial evidence that the Project will have a significant effect on the environment and does hereby adopt the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File No. PDC15-023). 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 also: (1) on file in the Office of the Director of Planning, located at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California, and (2) available for inspection by any interested person. 3 T / _2.doc Council Agenda: Item No.: 11.4a DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

4 RD:JVP:JMD 05/04/2016 ADOPTED this day of, 2016, 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.: 11.4a DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

5 MITIGATION MONITORING AND REPORTING PROGRAM Scotia Apartments ( Almaden Road) Planned Development Rezoning File No. PDC CITY OF SAN JOSE March

6 PREFACE Section of the California Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and 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 and reporting program is to ensure compliance with the mitigation measures during project implementation. On May 17, 2016, the City Council adopted the IS/MND for allow the demolition of eight existing residences totaling approximately 8,000 square feet, the removal of 12 ordinance-size trees, and the construction of 55 multi-family dwelling units, on an approximately 0.99-acre site. The IS/MND concluded that the implementation of the project could result in significant impacts on the environment and mitigation measures were incorporated into the project to ensure the impacts will be less-than-significant. The mitigation measures will be included as conditions of project approval. This Mitigation Monitoring and Reporting Program identifies the mitigation measures required for the project, responsibility for monitoring compliance, method of compliance, and timing of compliance. I,, the applicant, hereby agree to fully implement the mitigation measures described below that were developed in conjunction with the preparation of the IS/MND 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. Applicant s Signature Date 2

7 Scotia Apartments Almaden Road File No. PDC MITIGATIONS MONITORING AND REPORTING PROGRAM Documentation of [Applicant/Proponent ] Documentation of [Lead Agency ] Adopted Mitigation Measures for Implementation Method of Or Mitigation Action Timing of Oversight Actions/ Reports Monitoring Timing or Schedule Air Quality Impact AQ-1: The project could have a potentially significant impact with respect to community health risk caused by emissions of particulate matter of 2.5 microns or less (PM 2.5 ) during construction MM AQ-1: The project applicant shall select equipment during demolition,, and trenching construction phases to minimize emissions. A construction management plan shall be submitted to the City Planner for review and approval prior to and building permits, and the measures shall be included on all approved and building permit plans. Such equipment selection shall include the following: All diesel-powered off-road equipment larger than 50 horsepower and operating on the site for more than two days continuously shall meet, at a minimum, U.S. EPA particulate matter emissions standards for Tier 2 engines or equivalent; All portable diesel-powered off-road equipment (e.g., air compressors) operating on the site for more than two days continuously shall meet U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent; and Minimize the number of hours that equipment will operate, including the use of idling restrictions. Project applicant A construction management plan shall be submitted to the Planner for review and approval prior to and building permits, and the measures shall be included on all approved and building permit plans. Measures shall be implemented during and construction Prior to and building permits. Measures implemented during construction and PBCE Review Division Planner Review and approve the construction management plan Prior to and building permits 3

8 Adopted Mitigation Measures for Implementation Method of Or Mitigation Action Timing of Oversight Actions/ Reports Monitoring Timing or Schedule The construction contractor could use other measures to minimize construction period DPM emissions to reduce the predicted cancer risk below the thresholds. Such measures may be the use of alternative powered equipment (e.g., LPG powered aerial lifts), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures, provided that these measures are approved by the City Planner. The use of alternative non-diesel fuels would meet the above requirements. Biological Resources Impact BIO-1: Construction activities and tree removal may impact nesting migratory birds and raptors. MM BIO-1: If possible, construction should be scheduled between September 1 st and January 31 st to avoid the nesting season. If this is not possible, pre-construction surveys for nesting raptors and other migratory breeding birds (including yellow warblers) shall be conducted by a qualified biologist (certified for raptors and other birds) or ornithologist to identify active nests that may be disturbed during project implementation onsite and within 250 feet of the site. Between February 1 st and April 30 th pre-construction surveys shall be conducted no more than 14 days prior to the initiation of ground disturbance activities, tree relocation, or tree removal. Between May 1 st and August 31 st, pre-construction surveys shall be conducted no more than thirty (30) days prior to the initiation of these The surveying biologist/ornithologist shall inspect all trees in and immediately adjacent to the construction area for nests. If an active nest is found in or close enough to the construction area to be disturbed by these activities, the biologist/ornithologist shall, in consultation with the California Department of Fish and Wildlife, designate a construction-free buffer zone (typically 250 feet for raptors and 100 feet for other birds) around the nest, which shall be maintained until after the breeding season has ended and/or a qualified biologist or ornithologist has determined that the young birds have fledged. The biologist/ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Director of Planning, Building and Code Enforcement prior to the any or building permit. Project applicant If nesting season cannot be avoided, then a qualified biologist shall conduct all required preconstruction/pre -disturbance surveys and submit a report to the PBCE Review Division. Recommendations from the preconstruction survey shall be included on all permit plans and shall be implemented during tree removal,, and construction Preconstruction surveys shall be conducted prior to the tree removal, demolition, and permits. If time elapsed between preconstruction surveys and the start of site disturbance exceeds the time limits specified in MM BIO-1, a follow-up preconstruction survey shall be conducted. Planner of the Department of PBCE Review and approve the surveying biologist s report. If nesting birds found, recommendat ions from biologist shall be included on all permit plans. Recommenda tions shall be included on plans prior to permit approval, and shall be implemented during demolition, tree removal, and ground disturbance 4

9 Adopted Mitigation Measures for Implementation Method of Or Mitigation Action Timing of Monitoring Reporting Actions/ Reports Monitoring Timing or Schedule Cultural Resources Impact CR-1: Grading and construction activities may encounter and disturb archaeological resources on the site. MM CR-1: A qualified professional archaeologist shall be required to monitor all subsurface construction excavation, as follows: a) If no resources are discovered, the archaeologist shall submit a report to the Planner of the Review Team verifying that the required monitoring occurred and that no further mitigation is necessary. b) If evidence of any archaeological, cultural, and/or historical deposits is found, hand excavation and/or mechanical excavation shall proceed to evaluate the deposits for determination of significance as defined by CEQA guidelines. Project applicant A signed contract between the applicant and a qualified archaeological monitor shall be submitted to the Planner of the Department of PBCE. Prior to permit. Planner of the Department of PBCE Confirm that a signed contract between the applicant and a qualified archaeologica l monitor has been submitted. Prior to permit. c) The archaeologist shall submit reports, to the satisfaction of the Senior Planner of the Review Team, describing the testing program and subsequent results; these reports shall identify any program mitigation to be completed in order to mitigate archaeological impacts (including resource recovery and/or avoidance, testing and analysis, removal, reburial, and curation of archaeological resources at a recognized storage facility). A final report shall verify completion of the mitigation program to the satisfaction of the Planner of the Review Team. The archaeologist s reports shall be submitted to the Planner of the Department of PBCE upon completion of activities (if no resources discovered) or upon discovery of archaeological resources. During and following completion of Review and approve archeologist s reports. During and following completion of 5