RD:SSL:JMD 08/18/2015 RESOLUTION NO.

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1 RD:SSL:JMD 08/18/2015 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JOSE APPROVING THE LAKE CUNNINGHAM BIKE PARK PROJECT MITIGATED NEGATIVE DECLARATION, FOR WHICH AN INITIAL STUDY WAS PREPARED, ALL IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A RELATED MITIGATION MONITORING AND REPORTING PROGRAM WHEREAS, prior to the adoption of this Resolution, the Planning the City of San Jose prepared an initial Study and approved for circulation a Mitigated Negative Declaration for the Lake Cunningham Bike Park Project under Planning File No. PP (the "Initial Study/Mitigated Negative Declaration"), ail in accordance with the requirements of the California Environmental Quality Act of 1970, together with state and local guidelines implementing said Act, all as amended to date (collectively "CEQA"); and WHEREAS, the Lake Cunningham Bike Park Project (the "Project") analyzed under the Initial Study/Mitigated Negative Declaration consisted of the construction of a bike park that would include the following features: beginner track area, youth pump track, intermediate/advanced pump track, free ride area, dirt jumps, skills trail, dual slalom trail, free ride drops, prefabricated riding features, and site furnishings located at Lake Cunningham Park in San Jose, California 95148; 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 T-5768 / doc 1 Council Agenda: Item No.: 5.1(a) DRAFT - Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final documents.

2 RD:SSL:JMD 08/18/2015 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 environment 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 Jose as lead agency for the Project (the "Mitigation Monitoring and Reporting Program"); and WHEREAS, the City of San Jose 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 Jose, 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; and T-5768/ doc 2 Council Agenda: Item No.: 5.1(a) DRAFT - Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final documents.

3 RD:SSL:JMD 08/18/2015 WHEREAS, the Project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711,2 of the California Department of Fish and Game Code. 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 Jose as lead agency for the Project, The City Council designates the Planning at the Director's Office at 200 East Santa Clara Street, 3 rd Floor Tower, San Jose, 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 Initial Study/Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program prepared for the Project (Planning File No. PP15-008). The Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are: (1) on file in the Office of the Planning, located at 200 East Santa Clara T-5768 / doc 3 Council Agenda: Item No.: 5.1(a) DRAFT - Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final documents.

4 RD:SSL:JMD 08/18/2015 Street, 3 rd Floor Tower, San Jose, California, and (2) available for inspection by any interested person. ADOPTED this day of,, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONl J. TABER, CMC City Clerk T-5768 / doc 4 Council Agenda: Item No.: 5.1(a) DRAFT - Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final documents.

5 MITIGATION MONITORING AND REPORTING PROGRAM LAKE CUNNINGHAM BIKE PARK CAPITAL OF SILICON VALLEY JULY 2015 Planning File No. PP15-008

6 PREFACE Section of the California Environmental 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 or reporting program is to ensure compliance with the mitigation measures during project implementation. The project is the development of a bike park at Lake Cunningham Park. Proposed improvements include the following features: beginner track area, youth pump track, intermediate/advanced pump track, free ride area, dirt jumps, skills trail, dual slalom trail, free ride drops, prefabricated riding features, and site furnishings. The Initial Study concluded that the implementation of the project could result in significant effects on the environment and mitigation measures are required as a condition of project approval. This Mitigation Monitoring and Reporting Program addresses those measure in terms of how and when the measures will be implemented. This document does not discuss those subjects for which the Initial Study concluded that the impacts from implementation of the project would be less than significant. I,, the applicant, on the behalf of, hereby agree to fully implement the mitigation measures described below which have been developed in conjunction with the preparation of an Initial Study/Mitigated Negative Declaration for my proposed Project. I understand that the mitigation measures or substantially similar measures will be adopted as a condition of approval with my Conditional Use Permit request to avoid or significantly reduce potential environmental impacts to a less than significant level, where feasible. Applicant's Signature Date Lake Cunningham Bike Park (Planning File No. PP15-008) Mitigation Monitoring or Reporting Program T doc July 2015 Page 1

7 MITIGATION MONITORING AND REPORTING PROGRAM LAKE CUNNINGHAM BIKE PARK Impact Mitigation Timeframe for Responsibility for Oversight of Biological Resources Impact Trees located along the perimeter of the project site may provide nesting habitat for raptors and other protected birds as well as roosting habitat for special-status bat species, which could be disturbed during construction. Mitigation BIOl: If feasible, construction shall be scheduled between October and December (inclusive) to avoid the nesting season for raptors and other migratory birds. If this is not feasible, pre-construction surveys for nesting birds shall be conducted by a qualified ornithologist to identify active nests that may be disturbed during project implementation. Projects that commence construction between February 1 and August 31 shall conduct pre-construction surveys for nesting birds within 14 days of the onset of construction. Pre-construction surveys shall be conducted by a qualified biologist for nesting birds within the onsite trees as well as all trees within 250 feet of the site. If an active nest is found in or close enough to the construction area to be disturbed by these activities, the ornithologist shall, in consultation with the California Department of Fish and Wildlife (CDFW), designate a construction-free buffer zone (typically 250 feet) around the nest. The applicant shall submit a report to the City's Environmental Senior Planner indicating the results of the survey and any designated buffer zones to the satisfaction of the Planning prior to the issuance of any grading or building permit. Mitigation BI02: To avoid and reduce impacts to special-status bat species, the project applicant shall retain a qualified bat specialist or wildlife biologist to conduct site surveys during the reproductive season (May 1 through September 15) to characterize bat utilization of the site and potential species present (techniques utilized to be determined by the biologist) prior to any tree removal. Based on the results of these initial surveys, one or more of the following will occur: Conduct surveys no more than 14 days prior to construction. Surveys shall be submitted to the Enforcement prior to ground disturbance. General surveys prior to construction (May 1 September 15). Surveys shall be submitted to the Enforcement prior to ground disturbance. Project Applicant and Contractors Project Applicant and Contractors Enforcement Enforcement Lake Cunningham Bike Park (Planning File No. PP15-008) Mitigation Monitoring or Reporting Program T doc July 2015 Page 2

8 MITIGATION MONITORING AND REPORTING PROGRAM LAKE CUNNINGHAM BIKE PARK Impact Mitigation Timeframe for Responsibility for Oversight of If it is determined that bats are not present at the site, no additional mitigation shall be required. If it is determined that bats are utilizing the site and may be impacted by the project, pre-construction surveys shall be conducted no more than 30 days prior to any tree removal within 100 feet of construction limits. If, according to the bat specialist, no bats or bat signs are observed in the course of the pre-construction surveys, tree removal may proceed. If bats and/or bat signs are observed during the preconstruction surveys, the biologist shall determine if disturbance will jeopardize a maternity roost or another type of roost (i.e., foraging, day, or night). If a single bat and/or only adult bats are roosting, removal of trees, buildings, or other suitable habitat may proceed after the bats have been safely excluded from the roost. Exclusion techniques shall be determined by the biologist and depend on the roost type; the biologist shall prepare a mitigation plan for provision of alternative habitat to be approved by CDFW. Conduct surveys no more than 30 days prior to construction; monitor during construction as needed. Surveys shall be submitted to the Enforcement prior to ground disturbance. If an active maternity roost is detected, the nest shall be avoided if feasible.. Work in the vicinity of the roost (buffer to be determined by biologist) shall be postponed until the biologist monitoring the roost(s) determines that the young are no longer dependent on the roost. The monitor shall ensure that all bats have left the area of disturbance prior to initiation of removing tree limbs and/or full tree removal. If avoidance is not feasible and a maternity roost must be disrupted, a depredation permit from CDFW shall be required prior to "take" of the roost. Lake Cunningham Bike Park (Planning File No. PP15-008) July 2015 Mitigation Monitoring or Reporting Program Page 3 T-5768 / doc

9 MITIGATION MONITORING AND REPORTING PROGRAM LAKE CUNNINGHAM BIKE PARK Impact Mitigation Timeframe for Responsibility for Oversight of Geology & Soils Impact: The site is susceptible to liquefaction. Mitigation GEOl: The project applicant shall retain a qualified geologist to provide an analysis of the potential for land settlement on the site, and incorporate the recommendations into final project design. Prior to issuance of building permit Project Applicant and Contractors Enforcement Mitigation GE02: The project applicant shall retain a qualified geologist to provide an analysis of the potential expansive soils on the site, and incorporate the recommendations into final project design. Hazards and Hazardous Materials Impact: Undiscovered contamination could remain in onsite soils and be released during construction. Mitigation HAZ1: To prevent hazards to the environment during the disposal of soil from the site, the project applicant or the applicant's contractor shall retain a qualified professional to monitor the excavation of soil during construction. In the event that unusual suspect materials are observed, the material shall be sampled and analyzed prior to continuing excavation and disposal activities. The project applicant or the applicant's contractor shall notify the Santa Clara County Environmental Health Department (SCCEHD) and appropriate planning and building department prior to grading activities and/or excavation. This notification shall include a statement that contamination may exist on the property and list the actions to be implemented if hazardous materials are encountered at levels that exceed appropriate cleanup levels, in accordance with the SCCEHD Mitigation Program. During construction Project Applicant and Contractors Enforcement SOURCE: City of San Jose, Lake Cunningham Bike Park Initial Study, July Lake Cunningham Bike Park (Planning File No. PP15-008) Mitigation Monitoring or Reporting Program T-5768 / doc July 2015 Page 4