RD:VMT:JMD 10/14/2015 RESOLUTION NO.

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1 RD:VMT:JMD 10/14/2015 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE ADOPTING THE EDENVALE AVENUE 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 Edenvale Avenue Planned Development Rezoning Project under Planning File No. PDC (the Initial Study/Mitigated Negative Declaration ), all 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 Edenvale Avenue Planned Development Rezoning Project (the Project ) analyzed under the Initial Study/Mitigated Negative Declaration consists of a rezoning from the LI Light Industrial Zoning District to A(PD) Planned Development Zoning District to allow the construction of up to 26 single-family detached residential units on an approximately 2.68 gross acre site located on the east side of Edenvale Avenue, approximately 1,000 feet north of Chynoweth Avenue 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 environment and identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and 1 T-5768 / _2.doc Council Agenda: Item No.: 4.1(a) DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

2 RD:VMT:JMD 10/14/2015 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 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 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; 2 T-5768 / _2.doc Council Agenda: Item No.: 4.1(a) DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

3 RD:VMT:JMD 10/14/2015 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. PDC14-060). The Initial Study/Mitigated Negative Declaration 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, 3 rd Floor Tower, San José California and (2) available for inspection by any interested person. // // 3 T-5768 / _2.doc Council Agenda: Item No.: 4.1(a) DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

4 RD:VMT:JMD 10/14/2015 ADOPTED this day of, 2015, by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: ATTEST: SAM LICCARDO Mayor TONI J. TABER, CMC City Clerk 4 T-5768 / _2.doc Council Agenda: Item No.: 4.1(a) DRAFT Contact the Office of the City Clerk at (408) or CityClerk@sanjoseca.gov for final document.

5 MITIGATION MONITORING AND REPORTING PROGRAM EDENV ALE AVENUE PLANNED DEVELOPMENT REZONING PROJECT c:jt Y OF SAN JOSE C A PIT A 1 OF. 1 LiCON V-\ IJ F.Y September 2015 File No. PDC14-060

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 and reporting program is to ensure compliance with the mitigation measures during project implementation. On, the City Council certified the Initial Study and Mitigated Negative Declaration for a Planned Development Rezoning from the LI Light Industrial Zoning District to A(PD) Planned Development Zoning District to allow the construction of up to 26 single-family detached residential units on an approximately 2.68 gross acre site located on the east side of Edenvale Avenue, approximately 1,000 feet north of Chynoweth Avenue in San Jose, California (APN ). The Initial Study concluded that the implementation of the project could result in significant impacts on the environment and mitigation measures were incorporated into the proposed project or were required as a condition of project approval. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented. In order to avoid or significantly reduce significant environmental impacts of the project to a less than significant level so that a Mitigated Negative Declaration may be adopted, the applicant must agree to revise the project to include the mitigation measures contained herein before a proposed Mitigated Negative Declaration and initial study are released for public review in accordance with the California Environmental Quality Act Guidelines (b)(1). 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 and Mitigated 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. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented. Applicant's Signature DMe

7 crrvo<~ SAN JOSE Edenvale Avenue Development Rezoning Project File No. PDC Environmental Impacts Mitigation Measures Responsibility for Timing of Method of Compliance Monitorin e: Compliance Compliance BIOLOGICAL RESOURCES BIO-l. Site development BIO-l MM: Construction shall be scheduled to avoid Department of The project proponent Between January during the raptor nesting the nesting season to the extent feasible. The nesting Planning, Building & shall retain a qualifi ed and April season and nesting bird season for most birds, including most raptors in the Code Enforcement ornithologist to conduct (inclusive), prepre-construction season (February I through San Francisco Bay Area. extends from February I raptor construction August 3 I) could result in through August 31. If it is not possible to schedule surveys and coordinate surveys shall be the abandonment of an demolition and construction between September and with the California conducted no active nest. The mortality of January. pre-construction surveys for nesting birds Department of Fish & more than 14 days individuals that may result shall be completed by a qualified ornithologist to Wildlife. The results of prior to the would constitute a ensure that no nests will be disturbed during project the ornithologist's initiation of significant adverse impact. implementation. This survey shall be conducted no survey/monitoring (and construction more than 14 days prior to the initiation of buffer zone plan. if activities or tree construction activities during the early part of the required) shall be relocation or breeding season (February I through April 30) and no documented and a removal. Between more than 30 days prior to the initiation of these report shall be May and August activities during the latter part of the breeding season submitted to the (inclusive), pre- (May I through August 3 1). During this survey, the Environmental Senior construction ornithologist shall inspect all trees and other possible Planner in the surveys shall be nesting habitats immediately adjacent to the Department of conducted no construction areas for nests. If an active nest is found Planning, Building and more than thirty sufficiently close to work areas to be disturbed by Code Enforcement. (30) days prior to construction, the ornithologist. in consultation with the initiation of California Department of Fish and Wildlife, shall these activities. 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. 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 Edenvale Avenue Development Rezoning Project (File No. PDCI4-060) Mitigation Monitoring and Reporting Program

8 Environmental Impacts Mitigation Measures Director of Planning prior to the issuance of any grading or building permit. Responsibility for Monitorina Compliance Method of Compliance Timing of Compliance BI0-2. Special-status bats may be particularly vulnerable to harm or mortality during project construction activities requiring tree removal if they occur during the winter torpor (hibernation) period (generally mid-october through the end of February), or during the maternity season (generally mid-april through the end of August). B10-2 MM: Pre-construction surveys for roosting bats shall be conducted by a qualified bat biologist prior to any tree removal on the project site. The applicant shall submit a report to the City's Environmental Senior Planner indicating the results of the survey, and identifying any further actions necessary. to the satisfaction of the Director of Planning prior to the issuance of any grading or building permit Development ofthe B10-3 MM: All trees that are to be removed shall be proposed project would replaced in accordance to the sizes and ratios shown result in the loss of up to 79 on the attached table below. trees on the site. 48 of which Type of Tree to be Remo,"'cd would be considered Diameter of Minimum protected under the City's Tree Native Non Orchard Size of Each Tree Ordinance. to be Native Replacement Removed Tree 18 inches or 5:1 4:1 3:1 24-inch box greater :1 2:1 nonc 24-inch box inches less than 12 1:1 1:1 none IS-gallon inches container Department of The project proponent Prior to the Planning, Building & shall retain a qualified removal of any Code Enforcement bat biologist to conduct tree from the pre-construction project site. surveys for roosting bats prior to any tree removal on the project site. The results ofthe biologist's report shall be submitted to the Environmental Senior Planner in the Department of Planning. Building and Code Enforcement. Department of The species and exact Prior to approval Planning, Building & number of trees to be of PD Permits for Code Enforcement planted on the site will the project. be determined in consultation with the City Arborist and the Supervising Planner of the Environmental Review team in the Department of Planning. Building, and Code Enforcement. Edenvale Avenue Development Rezoning Project (File No. PDCI4-060) Mitigation Monitoring and Reporting Program 2

9 Environmental Impacts Mitigation Measures Responsibility for Monitori~ Com---'p!iance Method of Compliance Timing of Compliance x:x = tree replacement to tree loss ratio Note: Trees greater than IS" diameter shall not be removed unless a Tree Removal Permit or equiv<llent. has been <lpproved for the removal of such trees. Mitigation trees shall be above and beyond standard landscaping. Riparian planting, and required Street Trees do not count towards meeting these mitigation measures. The species and exact number of trees to be plantedon the site shall be determined in consultation with the City Arborist and tbe City s Environmental Senior Planner in the Department of Planning, Building and Code Enforcement., In the event the project site does not have sufficient area to accommodate the required tree mitigation. one or more of the following measures sball be implemented. to the satisfaction of the City's Environmental Principal Planner, at the development permit stage:. 0 The size of a IS-gallon replacement tree can be increased to 24-inch box and count as two replacement trees. 0 An alternative site(s) will be identified for additional tree planting. Alternative sites may include local parks and schools or installation of trees on adjacent properties. Edenvale Avenue Development Rezoning Project (File No. PDCI4-060) Mitigation Monitoring and Reporting Program 3