RESOLUTION NO. RD:SSL:JMD 09/10/2015

Transcription

1 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE MAKING CERTAIN FINDINGS CONCERNING MITIGATION MEASURES AND MAKING FINDINGS CONCERNING ALTERNATIVES, ALL IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, IN CONNECTION WITH THE SANTANA ROW EXPANSION PROJECT (SCH# ) FOR WHICH AN ENVIRONMENTAL IMPACT REPORT HAS BEEN PREPARED WHEREAS, the proposed Santana Row Expansion Project is a Planned Development Rezoning that would: a) expand the Santana Row site by 1.91 acres by incorporating four adjacent parcels on Dudley Avenue into Santana Row; b) increase office capacity by 510,000 square feet; c) increase retail capacity by up to 55,641 square feet (for expansion of the existing Cine Arts movie theater); d) demolish three existing apartment buildings on Dudley Avenue, resulting in a transfer of 47 units of residential capacity for future residential development elsewhere on the Santana Row site; e) increase the maximum number of hotel rooms from 214 to 220 which would allow six additional hotel rooms within the existing Hotel Valencia; and f) construct a five-level parking garage; all on a gross acre site roughly bounded by Stevens Creek Boulevard to the north, South Redwood Avenue and Hatton Street to the east, Tisch Way to the south, and Winchester Boulevard to the west; and WHEREAS, the Santana Row Expansion Project also proposes to add the intersection of Stevens Creek Boulevard and Monroe Street to the list of protected intersections pursuant to the City s Transportation Level of Service Policy (Council Policy 5-3), which together with the Planned Development Zoning is referred to herein as the Santana Row Expansion Project or the Project ; and WHEREAS, approval of the Santana Row Expansion Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state and local implementation guidelines and policies promulgated thereunder, all as amended to date (collectively, CEQA ); and T / _2.doc 1

2 WHEREAS, in connection with the Santana Row Expansion Project, that certain Final Environmental Impact Report was prepared, which Final Environmental Impact Report comprises that certain Draft Environmental Impact Report for the Project (the DEIR ), together with that certain First Amendment and Second Amendment to the Draft Environmental Impact Report (collectively, all of said documents are referred to herein as the FEIR ); and WHEREAS, on August, 26, 2015, the Planning Commission of the City of San José reviewed the FEIR prepared for the Santana Row Expansion Project and recommended to the City Council that it find the FEIR was completed in accordance with the requirements of CEQA; and WHEREAS, CEQA requires that in connection with approval of a project for which an environmental impact report has been prepared that identifies one or more significant environmental effects of the project, the decision-making body of a public agency make certain findings regarding those effects. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE: 1. That the above recitals are true and correct; and 2. That the City Council does hereby find and certify that the FEIR has been prepared and completed in compliance with CEQA; and 3. That the City Council was presented with, and has independently reviewed and analyzed, the FEIR and other information in the record and has considered the information contained therein, including the written and oral comments received at the public hearings on the FEIR and the Project, prior to acting upon and approving the Project, and has found that the FEIR represents the independent judgment of the City of San José, as lead agency for the Project, and designates the Director of Planning, Building and Code Enforcement at his office at 200 East Santa Clara Street, 3 rd Floor Tower, San José, California 95113, as the custodian of documents and record of proceedings on which the decision of CITY is based; and 4. That the City Council finds and recognizes that the FEIR contains additions, clarifications, modifications and other information received in response to comments received on the DEIR or obtained by the City after the DEIR was issued and circulated for public review and does hereby find that such changes and additional information are T / _2.doc 2

3 not significant new information as that phrase is described under CEQA because such changes and additional information do not indicate that any of the following would result from approval and implementation of the Project: (i) any new significant environmental impact or substantially more severe environmental impact (not already disclosed and evaluated in the DEIR), (ii) any feasible mitigation measure considerably different from those analyzed in the DEIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented, or (iii) any feasible alternative considerably different from those analyzed in the DEIR that would lessen a significant environmental impact of the Project has been proposed and would not be implemented; and 5. That the City Council finds and determines that recirculation of the FEIR for further public review and comment is not warranted or required under the provisions of CEQA; and 6. That the City Council does hereby make the following findings with respect to significant effects on the environment of the Project, as identified in the FEIR, with the stipulations that all of the information in this Resolution is intended as a summary of the full administrative record supporting the FEIR, which full administrative record should be consulted for the full details supporting these findings and which consists of, but is not limited to, the Draft EIR and amendments thereto, the Mitigation Monitoring and Reporting Program, all testimony, documentary evidence and all correspondence submitted to the City in connection with the Project, and other documents relied upon or prepared by City staff or consultants related to the Project and this Resolution. SANTANA ROW EXPANSION PROJECT SIGNIFICANT ENVIRONMENTAL IMPACTS Transportation Impact: Impact TRAN-1: Implementation of the Project would have a significant impact on the Winchester Boulevard/Stevens Creek Boulevard, Monroe Street/Stevens Creek Boulevard, San Tomas Expressway/Stevens Creek Boulevard, and San Tomas Expressway/Moorpark Avenue intersections under background plus project conditions. Mitigation: MM TRAN-1.1: Winchester Boulevard and Stevens Creek Boulevard: This intersection, which is also impacted under existing plus project conditions, has been designated by the City of San José as a protected intersection by City Council resolution pursuant to the City s Transportation Level of Service Policy (Council Policy 5-3). Therefore, in lieu of physical improvements to the T / _2.doc 3

4 intersection, the project applicant shall construct offsetting improvements to other parts of the citywide transportation system to the satisfaction of the Director of Public Works. The final improvements required will be identified by the City of San José based on a construction budget determined by the number of new peak hour trips per the City s Transportation Level of Service Policy (Council Policy 5-3). Offsetting improvements shall be required to be implemented prior to issuance of the first occupancy permit (either temporary or final) for any new building on Lots 9 and 17. Pursuant to the City s policy, the implementation of offsetting improvements would provide project benefits that outweigh the project s significant impact. MM TRAN-1.2: Monroe Street and Stevens Creek Boulevard: There are no feasible capacity improvements for this intersection due to right-of-way restrictions. The addition of project traffic to the intersection would result in a significant unavoidable impact. Therefore, the intersection is proposed for addition to the City's list of protected intersections. In lieu of physical improvements to the intersection, the project applicant shall construct offsetting improvements to other parts of the citywide transportation system to the satisfaction of the Director of Public Works. The final improvements required will be identified by the City of San José based on a construction budget determined by the number of new peak hour trips per the City s Transportation Level of Service Policy (Council Policy 5-3). Offsetting improvements shall be required to be implemented prior to issuance of the first occupancy permit (either temporary or final) for any new building on Lots 9 and 17. MM TRAN-1.3: San Tomas Expressway and Stevens Creek Boulevard: The level of service (LOS) of this intersection would be improved to an acceptable LOS D with the addition of a fourth through lane. The Comprehensive County Expressway Planning Study identified the widening of San Tomas Expressway as a Tier 1 priority. The project applicant shall pay a fair share contribution towards the County s addition of new through lanes on San Tomas Expressway. The payment of fair share fees would reduce the project s impact to a less than significant level. MM TRAN-1.4: San Tomas Expressway and Moorpark Avenue: The LOS of this intersection would be improved to an acceptable LOS D with the addition of a fourth through lane. The Comprehensive County Expressway Planning Study identified the widening of San Tomas Expressway as a Tier 1 priority. The project applicant shall pay a fair share contribution towards the County s addition of new through lanes on San Tomas Expressway. The payment of fair share fees would reduce the project s impact to a less than significant level. Finding: Winchester Boulevard and Stevens Creek Boulevard: The intersection of Winchester Boulevard and Stevens Creek Boulevard is designated as a protected intersection. Thus, pursuant to the City s Transportation Level of Service Policy (Council Policy 5-3), even though the impact would remain T / _2.doc 4

5 significant and unavoidable, the construction of offsetting improvements is sufficient to address the project s impact. (Significant and Unavoidable Impact) Monroe Street and Stevens Creek Boulevard: Because there are no feasible mitigation measures that would reduce the identified impacts to a less than significant level, the impact would remain significant and unavoidable. (Significant and Unavoidable Impact) San Tomas Expressway and Stevens Creek Boulevard: Payment of a fair share fee towards the County s addition of a fourth through lane on San Tomas Expressway at Stevens Creek Boulevard per the County s Comprehensive County Expressway Planning Study will reduce this impact to a less than significant level. (Less than Significant with Mitigation) San Tomas Expressway and Moorpark Avenue: Payment of a fair share fee towards the County s addition of a fourth through lane on San Tomas Expressway at Moorpark Avenue per the County s Comprehensive County Expressway Planning Study will reduce this impact to a less than significant level. (Less than Significant with Mitigation) Facts in Support of Finding: The intersection of Stevens Creek Boulevard and Winchester Boulevard was added to City s list of protected intersections by the City Council on June 21, 2005 (Resolution ), and the intersection of Stevens Creek Boulevard and Monroe Street is proposed to be added to the City s list of protected intersections as part of this Project. As a condition of project approval, the applicant will be required to implement offsetting improvements to roadways, pedestrian, bicycle, and transit facilities in the vicinity of project site as determined through community outreach prior to issuance of the Planned Development Permit. Payment of fair share fees to fund the addition of a fourth through lane on San Tomas Expressway at Stevens Creek Boulevard and Moorpark Avenue will contribute to the completion of these improvements identified in the County s Comprehensive County Expressway Planning Study, which will reduce project impacts at these two intersections to a less than significant level once constructed. Impact: Impact TRAN-2: Implementation of the Project would have a significant impact on the westbound segment of I-280 between Meridian Avenue and I-880, one northbound segment of I-880 between I-280 and Stevens Creek Boulevard, and one southbound segment of I-880 between N. Bascom Avenue and Stevens Creek Boulevard. T / _2.doc 5

6 Mitigation: Finding: None. There are no feasible mitigation measures that would reduce the identified impacts to the three identified freeway segments to a less than significant level, so the impact would remain significant and unavoidable. (Significant and Unavoidable Impact) Facts in Support of Finding: Full mitigation of significant project impacts on freeway segments would require roadway widening to construct additional through lanes, thereby increasing freeway capacity. It is not feasible for an individual project to bear responsibility for implementing such extensive transportation system improvements due to constraints in acquisition and cost of right-of-way. In addition, there is no comprehensive project to add through lanes developed by Caltrans or the Santa Clara Valley Transportation Authority (VTA) for individual projects to contribute to that would reduce freeway impacts. For these reasons, significant impacts on the directional freeway segments must be considered significant and unavoidable. Air Quality Impact: Mitigation: Finding: Impact AIR-1: Full build out of the Planned Development zoning would have a significant operational air quality impact with Reactive Organic Gases (ROG), Nitrogen Oxide (NOx), and particulate matter (PM 10 ). None. There are no mitigation measures available to reduce identified ROG, NOx, and PM 10 emissions impacts to a less than significant level. (Significant and Unavoidable) Facts in Support of Finding: The Project will increase the mix of land uses on the project site and within the immediate area, providing more job opportunities near existing and proposed housing and transit consistent with the General Plan. However, consistent with the Envision San José 2040 General Plan FEIR, there are no feasible mitigation measures that would reduce operational criteria pollutant emissions below Bay Area Air Quality Management District (BAAQMD) thresholds. As a result, operation of the Project would have a significant unavoidable long-term impact on local and regional air quality related to ROG, NOx, and PM 10. Impact: Impact AIR-2: Construction of the Project would result in a temporary community risk impact. T / _2.doc 6

7 Mitigation: MM AIR-2.1: All diesel-powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 2 engines or equivalent. MM AIR-2.2: All diesel-powered forklifts, aerial lifts, air compressors, and generators shall meet U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent; or the construction contractor shall use other measures to minimize construction period diesel particulate matter emissions to reduce the predicted cancer risk below the threshold. Such measures may include the use of alternative-powered equipment (e.g., liquefied petroleum gas (LPG)-powered forklifts, electric compressors), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures, provided that these measures are approved by the lead agency; and MM AIR-2.3: Minimize the number of hours that equipment will operate, including the use of idling restrictions. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points to the construction site. Finding: Implementation of Mitigation Measures AIR-2.1 through AIR-2.3 will reduce the temporary community risk impact from construction of the project to a less than significant level. (Less than Significant with Mitigation) Facts in Support of Finding: Implementation of these mitigation measures will reduce on-site diesel exhaust emissions by approximately 72 percent. Implementation of the dust control measures previously identified would reduce exhaust emissions an additional five percent. With these measures in place, the maximum excess child cancer risk would be 8.1 per million and the PM 2.5 concentration would be 0.27 μg/m 3. As a result, the required mitigation measures will reduce the temporary construction emissions impact to a less than significant level. Noise Impact: Mitigation: Impact NOI-1: Use of the proposed parking structure outside standard operating hours could have a significant effect on nearby residences. MM NOI-1.1: The project applicant shall construct the eastern façade of the parking structure as a solid wall to shield nearby residences from project generated noise at the structure during sensitive evening hours. If it is not feasible to construct a solid wall on the eastern side of the parking structure, then T / _2.doc 7

8 the project applicant shall permanently prohibit, through the use of signs, gates, and/or movable barricades, parking within the two easternmost parking aisles (as demonstrated in Figure 4 of Appendix C of the FEIR) Monday through Saturday from 9:00 PM to 8:00 AM and Sunday from 7:00 PM to 8:00 AM. Finding: Implementation of design features and/or restrictions on after hour parking outlined in Mitigation Measure NOI-1.1 will reduce operational noise impacts from use of the proposed parking garage to a less than significant level. (Less Than Significant with Mitigation Incorporated) Facts in Support of Finding: Implementation of MM NOI-1.1 would reduce project generated maximum instantaneous noise levels at the sensitive receptors to the east such that hourly average noise levels would not exceed 55 dba Leq at the property line adjacent to noise sensitive receptors. Therefore, implementation of MM NOI- 1.1 would result in a less-than-significant impact. Geology Impact: Mitigation: Impact GEO-1: Future development under the proposed Planned Development rezoning could impact groundwater. MM GEO-1.1: To account for seasonal variations in the groundwater level and regional rise in the groundwater table during the life of the structures, the project applicant shall implement the following measures to account for long-term groundwater levels greater than those currently encountered at the site: Excavate an additional 12 to 18 inches below subgrade, place a layer of stabilization fabric at the bottom, and backfill with clean crushed rock. Extend the wall drainage system to a depth of 42 feet below existing grades, and design the floor slabs and the portions of the walls below a depth of 42 feet to resist hydrostatic pressure. As an alternative, the wall drainage system could be lowered to decrease the hydrostatic load on the walls and floor slab. Dewatering shall adhere to all applicable local, state, and federal laws and regulations, including those in the General Plan, to ensure potential impacts to groundwater are less than significant. Finding: The implementation of GEO-1.1 will result in a less than significant impact to groundwater. (Less Than Significant Impact with Mitigation) Facts in Support of Finding: Implementation of Mitigation Measure GEO-1.1 and adherence to applicable building codes, regulations, and policies, including the 2013 California Building Code and those in the Envision San José 2040 General Plan T / _2.doc 8

9 will ensure that construction of the Project will have a less than significant impact to groundwater. Biological Resources Impact: Mitigation: Impact BIO-1: Construction activities associated with the Project could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment. MM BIO-1.1: The project applicant shall schedule construction to avoid the nesting season to the extent feasible. The nesting season for most birds, including most raptors, in the San Francisco Bay area extends from February through August. MM BIO-1.2: If it is not possible to schedule demolition and construction between September and January, then pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests are disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of grading, tree removal, or other demolition or construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). 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 close enough to work areas that it would be disturbed by construction, the ornithologist, in consultation with California Department of Fish and Wildlife (CDFW), shall determine the extent of a construction-free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests will not be disturbed during project construction. Findings: Implementation of MM BIO-1.1 and MM BIO-1.2 would reduce impacts to nesting birds and raptors to less than significant levels. (Less than Significant with Mitigation) Cumulative Impacts Impact: Mitigation: Impact C-TRAN-1: Implementation of the Project would result in a 25 percent increase in traffic volume at the intersection of Stevens Creek Boulevard and Monroe Street under cumulative conditions. This will result in a significant increase in volume/capacity ratio and a significant increase in critical delay during the PM Peak Hour. In lieu of physical improvements to the intersection, the project applicant shall construct offsetting improvements to other parts of the citywide transportation T / _2.doc 9

10 system, in accordance with the City s Transportation Level of Service Policy (Council Policy 5-3). The final improvements required will be identified by the City of San José based on a construction budget determined by the number of new peak hour trips per the City s Transportation Level of Service Policy (Council Policy 5-3). Offsetting improvements shall be required to be implemented prior to issuance of the first occupancy permit (either temporary or final) for any new building on Lots 9 and 17. Finding: Although the project applicant will implement offsetting improvements to the citywide transportation network, there are no feasible mitigation measures to reduce the identified impact to the Monroe Street/Stevens Creek Boulevard intersection to a less than significant level. Therefore, this cumulative impact is significant and unavoidable. (Significant and Unavoidable Impact) Facts in Support of Finding: As there are no feasible improvements to expand vehicle capacity to reduce this cumulative impact to a less than significant level, the intersection of Stevens Creek Boulevard and Monroe Street is proposed to be added to the City s list of protected intersections as part of this Project. FINDINGS CONCERNING ALTERNATIVES In order to comply with the purposes of CEQA, it is important to identify alternatives that reduce the significant impacts that are anticipated to occur if the project is implemented and to try to meet as many of the project s objectives as possible (CEQA Guidelines Section ). The CEQA Guidelines emphasize a common sense approach -- the alternatives should be reasonable, should foster informed decision making and public participation, and should focus on alternatives that avoid or substantially lessen the significant impacts. The alternatives analyzed in the DEIR were developed with the goal of being at least potentially feasible, given project objectives and site constraints, while avoiding or reducing the project s identified environmental effects. The following are evaluated as alternatives to the proposed project: No Project Alternative Reduced Development Alternative 1. No Project Alternative A. Description of Alternatives: Under the No Project Alternative, the Santana Row site will be developed with the remaining office, retail, and residential T / _2.doc 10

11 entitlements from the last approved Planned Development Zoning (File No. PDC12-009). This alternative also includes the construction of the 69,491 square foot, seven-story office building entitled on the northern half of Lot 17 (APN ) under the previously approved Planned Development Zoning for the Monroe Terrace project (File No. PDC10-018). The area designated as Lot 17, including the three apartment buildings on Dudley Avenue (APNs , , and ) would not become part of the Santana Row site. There would be no new impacts beyond what has been disclosed in the Town and Country Village FEIR (as addended), the subsequent Mitigated Negative Declaration for the last approved rezoning (File No. PDC12-009), and the Mitigated Negative Declaration for the Monroe Terrace project (PDC10-018). B. Comparison of Environmental Impacts: The No Project Alternative would avoid the significant unavoidable transportation impacts to the intersection of Stevens Creek Boulevard and Monroe Street and impacts to the three freeway segments identified in Impact TRAN-2. The No Project Alternative is the environmentally superior alternative. C. Feasibility of the No Project Alternative: The No Project Alternative is feasible as entitlements already exist for buildout of the Santana Row and Monroe Terrace projects under the previously approved rezonings. D. Finding: The No Project Alternative would not meet a number of the project objectives, including the addition of 1.91 acres to the Santana Row site; the provision of additional office space on site to create a viable mix of mutually supporting land uses in keeping with the Urban Village concept; the construction of up to 510,000 square feet of Class A office space to support the City s objectives to retain and increase employment in the City; and the addition of 55,641 square feet of retail space for an expansion to the existing Cine Arts movie theater. The lower office and retail capacity of the No Project Alternative would not provide optimal utilization of a site that has successfully implemented these uses in a mixed-use environment and has convenient access to freeways and public transit, including four bus lines along Winchester Boulevard and Stevens Creek Boulevard. The No Project Alternative would not further, to the same extent as the proposed Project, the General Plan s job growth and commercial intensification goals for this site which is within the boundaries of a Commercial Center Urban Village, specifically the Santana Row/Valley Fair Urban Village. As described in the General Plan, Commercial Center Urban Villages are planned to support their intensification as both employment and housing centers, support potential expansion of existing retail activity, and add a mix of employment uses while also recognizing that transit-oriented sites should T / _2.doc 11

12 be given more priority for accommodating new growth. (Envision San José 2040 General Plan, Chapter 1, p. 30.) Similarly, the No Project Alternative would not comparably further the General Plan s overarching goal of increasing the number of jobs in San José to achieve the 1.3 jobs to employed resident ratio. For all of these reasons, the No Project Alternative is rejected. 2. Reduced Development Alternative A. Description of Alternative: Under the Reduced Development Alternative, the Project would still propose a Planned Development rezoning to allow for the addition of 1.91 acres to the Santana Row site, construction of a new parking structure, the addition of 47 residential units to the Santana Row site from the existing apartment buildings on Dudley Avenue, and the addition of six hotel rooms. Existing unbuilt entitlements from the previously approved Planned Development Rezoning (PDC12-009) would also be constructed. However, the proposed increase in office entitlements would be reduced to avoid some of the significant transportation impacts identified in the EIR and previously identified significant and unavoidable impacts to operational air quality related to reactive organic gases (ROG). Under this alternative, the increase in office entitlements would range from 94,491 square feet to 344,491 square feet (these totals include the 69,491 square feet of office area entitled under the Monroe Terrace project, File No. PDC10-018). The basic building design and orientation would be the same as the proposed project and would still include all identified sustainable building design measures in an effort to achieve LEED Silver certification. B. Comparison of Environmental Impacts: Implementation of the Reduced Development Alternative would reduce the identified air quality impact related to ROG emissions impact to a less than significant level. A reduction of proposed office capacity to 344,491 square feet would reduce impacts to the three freeway segments identified in Impact TRAN-2 to a less than significant level. A further reduction of proposed office capacity to 119,491 square feet would also avoid significant impacts to the intersections of San Tomas Expressway and Stevens Creek Boulevard and San Tomas Expressway and Moorpark Avenue. Finally, a reduction in proposed office capacity to 94,491 square feet would avoid a significant impact to the intersection of Stevens Creek Boulevard and Monroe Street. The project s contribution to traffic impacts at the intersection of Stevens Creek Boulevard and Winchester Boulevard would still be significant under all T / _2.doc 12

13 three office development scenarios, requiring the construction of offsetting improvements as this intersection is already a protected intersection. The reduction in office entitlement in this alternative would result in a proportionate reduction in water use, wastewater generation, solid waste generation, and electricity use, and would likely have a reduced construction schedule. While the proposed project would not have a significant unavoidable impact in any of these resource areas, implementation of the Reduced Development Alternative would further reduce these effects of the project. All other identified impacts would be the same or less than those of the proposed project. C. Feasibility of the Reduced Scale Alternative: The Reduced Development Alternative is feasible as existing entitlements for the Santana Row and Monroe Terrace projects would remain and this alternative would result in a similar project to that proposed with the exception that a smaller office building would be constructed. D. Finding: The Reduced Development Alternative would not meet the project objective to construct up to 510,000 square feet of Class A office space to support the City s objectives to retain and increase employment in the City. It would also partially conflict with the objective to provide additional office space on the Santana Row site to create a viable mix of mutually supporting land uses in keeping with the Urban Village concept as it would limit the number of new jobs on the site. Similar to the No Project Alternative, the Reduced Development Alternative with reduced capacity for job-producing office development would not provide optimal utilization of a site that has successfully implemented these uses in a mixed-use environment and has convenient access to freeways and public transit, including four bus lines along Winchester Boulevard and Stevens Creek Boulevard. The Reduced Development Alternative would not further, to the same extent as the proposed Project, the General Plan s job growth and commercial intensification goals for this site which is within the boundaries of a Commercial Center Urban Village, specifically the Santana Row/Valley Fair Urban Village. As described in the General Plan, Commercial Center Urban Villages are planned to support their intensification as both employment and housing centers, support potential expansion of existing retail activity, and add a mix of employment uses while also recognizing that transit-oriented sites should be given more priority for accommodating new growth. (Envision San José 2040 General Plan, Chapter 1, p. 30.) Similarly, the Reduced Development Alternative would not comparably further the General Plan s overarching goal of increasing the number of jobs in San José to achieve the 1.3 jobs to employed T / _2.doc 13

14 resident ratio. For all of these reasons, the Reduced Development Alternative is rejected. MITIGATION MONITORING AND REPORTING PROGRAM A Mitigation Monitoring and Reporting Program has been prepared for the project as required under Section of the CEQA Statute and Section 15097(b) of the CEQA Guidelines. STATEMENT OF OVERRIDING CONSIDERATIONS Pursuant to the provisions of CEQA, the City Council of the City of San José hereby adopts and makes the following statement of overriding considerations regarding the remaining unavoidable impacts of the Project and the anticipated economic, social and other benefits of the Project. A. Significant Unavoidable Impacts. With respect to the foregoing findings and in recognition of those facts which are included in the record, the City has determined the Project has significant unmitigated or unavoidable impacts, as set forth above, associated with traffic and air quality. B. Overriding Considerations. The City Council specifically adopts and makes this Statement of Overriding Considerations that this Project has eliminated or substantially lessened all significant effects on the environment where feasible, and finds that the remaining significant, unavoidable impacts of the Project are acceptable in light of the economic, legal, environmental, social, technological or other considerations noted below, because the benefits of the Project outweigh the significant and adverse impacts of the Project. The City Council finds that each of the overriding considerations set forth below constitutes a separate and independent ground for finding that the benefits of the Project outweigh its significant adverse environmental impacts and is an overriding consideration warranting approval of the Project. These matters are supported by evidence in the record that includes, but it not limited to, the Envision San José 2040 General Plan, the San José Residential/Commercial/Industrial Design Guidelines, the San José Greenprint 20-Year Strategic Plan for Parks, Recreational Facilities and Programs, and the San José Bicycle Master Plan. C. Benefits of the Proposed Project. The City Council has considered the public record of proceedings on the proposed Project and other written materials presented to the City as well as oral and written testimony at all hearings related to the Project, and does hereby determine that implementation of the Project as T / _2.doc 14

15 specifically provided in the Project documents would result in the following substantial public benefits: 1. In-fill Development. The Project includes a mix of office and commercial development within walking and biking distance of existing and planned retail and residential uses and transit in the Valley Fair/Santana Row Urban Village, and would share parking with existing and planned retail uses on the Santana Row site. The subject project will contribute to and compliment the Valley Fair/Santana Row Urban Village. 2. Increase Employment within San José. The provision of an additional 510,000 square feet of Class A office capacity and 55,641 square feet of retail capacity (for the expansion of an existing movie theater) will advance goals in the Envision San José 2040 General Plan to increase the ratio of jobs/employed residents to attain fiscal sustainability for the City. 3. Development Near Transit. The project supports goals of the Envision San José 2040 General Plan to focus jobs and housing within proximity to existing high-frequency transit and the planned Bus Rapid Transit line along Stevens Creek Boulevard. The City Council has weighed each of the above benefits of the proposed Project against its unavoidable environmental risks and adverse environmental effects identified in the Final Environmental Impact Report and hereby determines that those benefits outweigh the risks and adverse environmental effects of the Project and, therefore, further determines that these risks and adverse environmental effects are acceptable and overridden. LOCATION AND CUSTODIAN OF RECORDS The documents and other materials that constitute the record of proceedings on which the City Council based the foregoing findings and approval of the Project are located at the City s Department of Planning, Building, and Code Enforcement, 200 East Santa Clara Street, Third Floor Tower, San José, California, The City Council hereby designates the City s Director of Planning, Building and Code Enforcement at his office at 200 East Santa Clara Street, San José, California 95113, as the custodian of documents and records of proceedings on which this decision is based. T / _2.doc 15

16 ADOPTED this day of, 2015, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk T / _2.doc 16

17 MITIGATION MONITORING OR REPORTING PROGRAM SANTANA ROW EXPANSION PROJECT FILE NO. PDC CITY OF SAN JOSE August/September 2015

18 P R E F A C E 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 Environmental Impact Report 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 Environmental Impact Report concluded that the impacts from implementation of the project would be less than significant. I,, the project 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 the Environmental Impact Report for my proposed Project. Project Applicant s Signature Date SOURCE: City of San José, Santana Row Environmental Impact Report, March 2015 PDC13-050: Santana Row Expansion Project August 2015 Mitigation Monitoring or Reporting Program Page 1

19 Santana Row Expansion File No. PDC MITIGATION MONITORING OR REPORTING PROGRAM Impact Mitigation Responsibility for Monitoring Method of Timing of TRANSPORTATION Impact TRAN-1: Implementation of the proposed project would have a significant impact on the Winchester Boulevard/Stevens Creek Boulevard, Monroe Street/Stevens Creek Boulevard, San Tomas Expressway/ Stevens Creek Boulevard, and San Tomas Expressway/ Moorpark Avenue intersections under background plus project conditions. MM TRAN-1.1: Winchester Boulevard and Stevens Creek Boulevard: This intersection, which is also impacted under existing plus project conditions, has been identified by the City of San Jose as a protected intersection by City Council resolution pursuant to the City s Transportation Level of Service Policy (Council Policy 5-3). Therefore, in lieu of physical improvements to the intersection, the project applicant shall construct offsetting improvements to other parts of the citywide transportation system. The final improvements required will be identified by the City of San José based on a construction budget determined by the number of new peak hour trips per the City s Transportation Level of Service Policy (Council Policy 5-3).. Offsetting improvements shall be required to be implemented prior to issuance of the first occupancy permit (either temporary or final) for any new building on Lots 9 and 17. Director of Planning, Building, and Code Enforcement (PBCE), Director of the Department of Public Works (DPW) The project applicant shall construct offsetting improvements to other parts of the citywide transportation system to the satisfaction of the Director of PBCE and the Director of DPW. Offsetting improvements shall be constructed prior to issuance of the first occupancy permit (either temporary or final) for any new buildings on Lots 9 and 17. PDC13-050: Santana Row Expansion Project August 2015 Mitigation Monitoring or Reporting Program Page 2

20 MITIGATION MONITORING OR REPORTING PROGRAM Impact Mitigation Responsibility for Monitoring Method of Timing of Impact TRAN-1 (continued) MM TRAN-1.2: Monroe Street and Stevens Creek Boulevard: There are no feasible capacity improvements for this intersection due to right-of-way restrictions. The addition of project traffic to the intersection would result in a significant unavoidable impact. Therefore, the intersection is proposed for addition to the City's list of protected intersections. In lieu of physical improvements to the intersection, the project applicant shall construct offsetting improvements to other parts of the citywide transportation system. The final improvements required will be identified by the City of San José based on a construction budget determined by the number of new peak hour trips per the City s Transportation Level of Service Policy (Council Policy 5-3). Offsetting improvements shall be required to be implemented prior to issuance of the first occupancy permit (either temporary or final) for any new building on Lots 9 and 17. Director of Planning, Building, and Code Enforcement (PBCE), Director of the Department of Public Works (DPW) This intersection is proposed to be added to the City s list of protected intersections as part of the project. The project applicant shall construct offsetting improvements to other parts of the citywide transportation system to the satisfaction of the Director of PBCE and the Director of DPW. Offsetting improvements shall be constructed prior to issuance of occupancy permits for the new buildings on Lots 9 and 17. PDC13-050: Santana Row Expansion Project August 2015 Mitigation Monitoring or Reporting Program Page 3

21 MITIGATION MONITORING OR REPORTING PROGRAM Impact Mitigation Responsibility for Monitoring Method of Timing of Impact TRAN-1 (continued) MM TRAN-1.3: San Tomas Expressway and Stevens Creek Boulevard: The LOS of this intersection would be improved to an acceptable LOS D with the addition of a fourth through lane. The Comprehensive County Expressway Planning Study identified the widening of San Tomas Expressway as a Tier 1 priority. The project applicant shall pay a fair share contribution towards the County s addition of new through lanes on San Tomas Expressway. The payment of fair share fees would reduce the project s impact to a less than significant level. MM TRAN-1.4: San Tomas Expressway and Moorpark: The LOS of this intersection would be improved to an acceptable LOS D with the addition of a fourth through lane. The Comprehensive County Expressway Planning Study identified the widening of San Tomas Expressway as a Tier 1 priority. The project applicant shall pay a fair share contribution towards the County s addition of new through lanes on San Tomas Expressway. The payment of fair share fees would reduce the project s impact to a less than significant level. Director of Planning, Building, and Code Enforcement (PBCE), Director of the Department of Public Works (DPW) The project applicant shall pay a fair share contribution towards the County s addition of new through lanes on San Tomas Expressway. Proof of payment of these fees shall be submitted to the Supervision Planner of PBCE s Environmental Review Division prior to issuance of building permits. Fair share fees must be paid prior to the issuance of building permits. PDC13-050: Santana Row Expansion Project August 2015 Mitigation Monitoring or Reporting Program Page 4

22 MITIGATION MONITORING OR REPORTING PROGRAM Impact Mitigation Responsibility for Monitoring Method of Timing of AIR QUALITY Impact AIR-2: Construction of the proposed project would result in a temporary community risk impact. MM AIR 2-1: All diesel-powered off-road equipment larger than 50 horsepower and operating at the site for more than two days continuously shall meet U.S. EPA particulate matter emissions standards for Tier 2 engines or equivalent; MM AIR 2-2: All diesel-powered forklifts, aerial lifts, air compressors, and generators shall meet U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent; or the construction contractor shall use other measures to minimize construction period diesel particulate matter emissions to reduce the predicted cancer risk below the threshold. Such measures may include the use of alternative-powered equipment (e.g., LPG-powered forklifts, electric compressors), alternative fuels (e.g., biofuels), added exhaust devices, or a combination of measures, provided that these measures are approved by the lead agency; and Director of Planning, Building, and Code Enforcement (PBCE) All measures shall be printed on all construction documents, contracts, and approved project plans for building and grading permits. Measures shall be included on the approved project plans for building and grading permits. The measure shall be implemented for the duration of construction activities. MM AIR 2-3: Minimize the number of hours that equipment will operate, including the use of idling restrictions. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points to the construction site. PDC13-050: Santana Row Expansion Project August 2015 Mitigation Monitoring or Reporting Program Page 5

23 MITIGATION MONITORING OR REPORTING PROGRAM Impact Mitigation Responsibility for Monitoring Method of Timing of NOISE Impact NOI-1: Use of the proposed parking structure outside standard operating hours could have a significant effect on nearby residences. MM NOI-1.1: The project applicant shall construct the eastern façade of the parking structure as a solid wall to shield nearby residences from project generated noise at the structure during evening hours. If it is not feasible to construct a solid wall on the eastern side of the parking structure, then the project applicant shall permanently prohibit, through the use of signs, gates, and/or movable barricades, parking within the two easternmost parking aisles (as demonstrated in Figure 4 of Appendix C of the FEIR) Monday through Saturday from 9:00 PM to 8:00 AM and Sunday from 7:00 PM to 8:00 AM. Director of Planning, Building, and Code Enforcement (PBCE) Noise reduction measures (i.e., construction of a solid wall or parking restrictions) shall be shown on approved plans for the Planned Development (PD) Permit. Prior to approval of the PD Permit for the parking garage, a noise report by a qualified acoustician shall be submitted to the Director of PBCE confirming that the noise attenuation measures will be sufficient to reduce noise to a less than significant level. Parking restrictions shall be included as a condition of approval for the PD Permit for the garage. The noise report and noise attenuation measures must be approved prior to issuance of the PD Permit for construction of the parking garage. PDC13-050: Santana Row Expansion Project August 2015 Mitigation Monitoring or Reporting Program Page 6

24 MITIGATION MONITORING OR REPORTING PROGRAM Impact Mitigation Responsibility for Monitoring Method of Timing of GEOLOGY AND SOILS Impact GEO-1: Future development under the proposed PD rezoning could impact ground water. MM GEO-1.1: To account for seasonal variations in the groundwater level and regional rise in the groundwater table during the life of the structures, the geotechnical report recommends the following measures to account for long-term groundwater levels greater than those currently encountered at the site: Excavate an additional 12 to 18 inches below subgrade, place a layer of stabilization fabric at the bottom, and backfill with clean crushed rock. Extend the wall drainage system to a depth of 42 feet below existing grades, and design the floor slabs and the portions of the walls below a depth of 42 feet to resist hydrostatic pressure. As an alternative, the wall drainage system could be lowered to decrease the hydrostatic load on the walls and floor slab. Dewatering shall adhere to all applicable laws and regulations, including those in the General Plan, to ensure potential impacts to groundwater are less than significant. Director of Planning, Building, and Code Enforcement (PBCE), Director of the Department of Public Works (DPW) The recommended measures shall be included on all approved plans for the PD Permit, Grading Permits, and Building Permits. Measures shall be noted on all approved plans for the PD Permit, Grading Permits, and Building permits, and shall be implemented at the grading and building phases of the project. PDC13-050: Santana Row Expansion Project August 2015 Mitigation Monitoring or Reporting Program Page 7