a resolution of the council of the city of san jose

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1 T-31005.003/1351177.doc Council Agenda: 09-20-2016 Item No.: 11.2(a) DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. REVISED – Changes shown in redline text were made to provide clarification.

RESOLUTION NO. __________

A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN JOSE CERTIYFING THE SANTANA WEST REDEVELOPMENT PROJECT AND INTERSTATE 280/WINCHESTER TRANSPORTATION DEVELOPMENT POLICY (SCH #2015112006) AND MAKING CERTAIN FINDINGS CONCERNING SIGNIFICANT IMPACTS, MITIGATION MEASURES, AND ALTERNATIVES, AND ADOPTING A PREFERRED ALTERNATIVE, STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORING AND REPORTING PROGRAM, ALL IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED

WHEREAS, the proposed Santana West Redevelopment Project and I-280/Winchester

Transportation Development Policy as described in the Draft Environmental Impact

Report is a request from the Project applicant for a Planned Development Rezoning of

four parcels from the CG Commercial General to the CP(PD) Planned Development

Zone District to allow a phased development that includes the following: (i) demolition

of the two non-historic theater buildings on the site (Century 22 and 23) and an eligible

historic restaurant (Flames); (ii) construction of up to 970,000 square feet of office

space and 29,000 square feet of retail space; and (iii) the demolition of the Century 21

Theater building, a City Landmark, with retention of the underlying metal substructure

for use as an outdoor pavilion within publically accessible private outdoor open space;

all on a 12.99 gross acre site; and a study of the potential implementation of a

Transportation Development Policy for the Interstate 280 (I-280)/Winchester Boulevard

interchange; collectively referred to herein as the “Santana West Project” or the

“Project”; and

WHEREAS, approval of the Santana West Project would constitute a project under the

provisions of the California Environmental Quality Act of 1970, together with related

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2 T-31005.003/1351177.doc Council Agenda: 09-20-2016 Item No.: 11.2(a) DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.

state and local implementation guidelines and policies promulgated thereunder, all as

amended to date (collectively, “CEQA”); and

WHEREAS, the City of San José (“City”) is the lead agency for the Project, and has

prepared a Final Environmental Impact Report for the Project pursuant to and in

accordance with CEQA, which Final Environmental Impact Report is comprised of the

Draft Environmental Impact Report for the Project (the “DEIR”), together with the First

Amendment to the DEIR (collectively, all of said documents are referred to herein as the

“FEIR”); and

WHEREAS, subsequent to preparation of the DEIR, the City determined that insufficient

findings exist to override an identified significant and unavoidable environmental impact

under CEQA related to the demolition of the exterior of the Century 21 Theater building

as part of the Project, a designated City Landmark and structure listed on the California

Register of Historic Resources, as proposed by the Project applicant. The City does not

support demolition of the historical Century 21 Theater as proposed by the project

applicant for the following reasons:

(a) such demolition would not comply with various Envision San José 2040

General Plan Policies related to the preservation of a City Landmark:

(i) Policy LU-13.2, which encourages the preservation and rehabilitation of

designated City Landmarks;

(ii) Policy LU-13.3, which encourages the incorporation of landmark

structures into new developments to create a sense of place;

(iii) Policy LU-13.4, which requires conformance with the City Council

Policy on the Preservation of Historic Landmarks for projects; and

(iv) Policy LU-13.6, which requires modifications to City Landmarks

conform to the Secretary of the Interior’s Standards for Treatment of Historic

Properties;

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(b) preservation of the Century 21 Theater will not preclude the Project from

meeting its stated objectives, including objectives to redevelop the site with

970,000 square feet of office/research & development uses and 29,000 square

feet of retail uses within the Valley Fair/Santana Row Urban Village; and

(c) preservation of the Century 21 Theater would not prevent the realization of

the Project’s overriding benefits, including:

(i) the provision of intensive employment uses in an identified growth area

within walking distance of existing amenities, retail, and services;

(ii) an increase in employment within the City of San José through the

provision of additional building floor area capacity for various employment uses,

which will provide opportunity for near-term jobs to contribute to the City’s long-

term achievement of economic development and job growth goals; and

(iii) the provision of significant employment growth in close proximity to

high-frequency transit services; and

WHEREAS, since demolition of the Century 21 Theater would be contrary to the

policies described above, City staff recommends approval of a modified version of the

Project based on Reuse Alternative No. 2. in the DEIR, which i) preserves the entire

structure of the Century 21 Theater historic building and allows for the reuse of the

building as an entertainment venue; ii) a modification of the Project roadway

configuration as outlined in Redesign Alternative No. 1 to maintain public right-of-way

access to the Winchester Ranch Mobile Home Park site; iii) demolition of the two non-

historic theater buildings on the site (Century 22 and 23) and an eligible historic

restaurant (Flames); and iv) construction of up to 970,000 square feet of office space

and 29,000 square feet of retail space, all as further described in the FEIR and below;

and

WHEREAS, on September 14, 2016, the Planning Commission of the City of San José

reviewed the FEIR prepared for the Santana West Project and recommended to the City

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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 and adopt a mitigation or monitoring program

and overriding statement of consideration for any impact that may not be reduced to

less than significant level.

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 judgement of the City, as lead agency for the Project, and designates the Director of Planning, Building, and Code Enforcement at the Director’s office at 200 East Santa Clara Street, 3rd Floor Tower, San José, California, 95113, as the custodian of documents and record of proceedings on which the decision of the City is based; and

4. That the City Council does hereby find and recognize 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 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

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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 does hereby find and determine 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 understanding 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.

THE SANTANA WEST REDEVELOPMENT PROJECT AND

I-280/WINCHESTER TRANSPORTATION DEVELOPMENT POLICY

SIGNIFICANT ENVIRONMENTAL IMPACTS

Transportation

Impact: Impact TRAN-1: Implementation of the proposed Project would have a significant impact on the Winchester Boulevard and I-280 northbound on-ramp/Tisch Way intersection under background plus project conditions.

Mitigation: MM TRAN-1.1: Winchester Boulevard and I-280 northbound on-

ramp/Tisch Way: In lieu of physical improvements, the Project applicant shall be required to pay the I-280/Winchester Transportation Development Policy (“TDP”) traffic fees. Even if the TDP is approved by the City Council, the impact would remain be significant and unavoidable.

Finding: Implementation of the TDP, via a traffic impact fee imposed on proposed

development, would provide partial funding to support the construction of a new northbound off-ramp from I-280 to Winchester Boulevard to reduce

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traffic congestion at the I-280/Winchester Boulevard and I-880/Stevens Creek Boulevard corridors. Construction of the new off-ramp would mitigate the Project’s background plus project impact and the fees would be used for this specific improvement. However, construction of this off-ramp and the timeline for implementation is outside the jurisdiction of the City of San José, so the impact would be significant and unavoidable because the off-ramp will likely not be constructed until after the buildout of the Project. until such time as the ramp is completed. (Significant and Unavoidable Impact)

Facts in Support of Finding: The TDP provides partial funding for the implementation

of a new northbound off-ramp from I-280 to Winchester Boulevard to reduce traffic congestion at the I-280/Winchester Boulevard and I-880/Stevens Creek Boulevard corridors. Construction of this off-ramp is under the jurisdiction of the Santa Clara Valley Transportation Authority (VTA) and the California Department of Transportation (Caltrans). The City of San José has no jurisdiction over the construction of this improvement, and therefore cannot guarantee the off-ramp will be constructed before buildout of the Santana West project and the corresponding traffic impact to the Winchester Boulevard and I-280 northbound on-ramp/Tisch Way intersection under background plus project conditions. Therefore, the impact is significant and unavoidable.

Impact: Impact TRAN-2: Implementation of the proposed Project would have a

significant impact on the mixed-flow lanes of 21 freeway segments and High Occupancy Vehicle (HOV) lanes of two freeway segments.

Mitigation: None. Finding: There are no feasible mitigation measures available to reduce Project

impacts on local freeway study segments to a less than significant level. (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. There are no feasible mitigation measures available to reduce project impacts on local freeway study segments to a less than significant level as it is beyond the capacity of any one project to acquire right-of-way and add lanes to a State freeway. Furthermore, Caltrans and the VTA do not have a comprehensive project to increase freeway capacity on either I-280 or I-880 or established fee program supported by a nexus study, so there is no program for individual projects to contribute fair-share fees to

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improvements that would reduce freeway impacts. Transportation demand management (TDM) measures would reduce these impacts, but not to a less than significant level.

Air Quality Impact: Impact AIR-1: Construction of the proposed Project would result in a

temporary community risk impact. Mitigation: MM AIR-1: All diesel-powered off-road equipment larger than 50

horsepower and operating at the site for more than two (2) days continuously shall meet U.S. EPA particulate matter emissions standards for Tier 4 engines or equivalent. The project applicant shall submit to the Department of Planning, Building, and Code Enforcement a construction operations plan that includes specifications of the equipment to be used during construction. The plan shall be accompanied by a letter signed by an air quality specialist, verifying that the equipment included in the plan meets the standards set forth in these mitigation measures. The plan shall be submitted for review and approval to the Supervising Planner of the Department of Planning, Building and Code Enforcement’s Environmental Review Division prior to issuance of a grading, demolition, and/or building permit (whichever occurs earliest).

Finding: Implementation of mitigation measure MM AIR-1 would reduce the

temporary community health impact resulting from construction of the project to a less than significant level. (Less Than Significant with Mitigation)

Facts in Support of Finding: Implementation of the Bay Area Air Quality Management

District’s dust control measures, included in the Project as standard Project conditions, would reduce exhaust emissions by five percent (5%). With the implementation of mitigation measure MM AIR-1, the maximum excess child cancer risk would be reduced to 3.0 per million. As a result, the required mitigation measure and standard project conditions for dust control will reduce the temporary construction emissions impact to a less than significant level.

Noise

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Impact: Impact NOI-1: New traffic trips associated with the proposed Project would significantly increase noise levels on Olin Avenue between Winchester Boulevard and Maplewood Avenue.

Mitigation: None. Finding: No feasible mitigation was identified to reduce traffic noise impacts on Olin

Avenue to a less than significant level. (Significant and Unavoidable Impact)

Facts in Support of Finding: The noise and vibration analysis prepared for the Project

by Illingworth and Rodkin, Inc. (dated April 8, 2016) determined that noise barriers along Olin Avenue would not be feasible because of requirements for driveways, pedestrian access, and the short distances between the intersections of Olin Avenue with Spar Avenue and Hanson Avenue. The noise analysis concluded that Project access from Olin Avenue should be limited to the eastern north/south internal access road. Limiting Project access from Olin Avenue to a single driveway would hinder access to the site, creating greater queuing backups on Olin Avenue and Winchester Boulevard from automobiles entering the site than would occur under the proposed circulation plan. For this reason, this mitigation was determined to be infeasible. No other feasible mitigation was identified to reduce traffic noise impacts on Olin Avenue to a less than significant level.

Impact: Impact NOI-2: Implementation of the proposed Project would result in

construction activities on the Project site for a time frame of six years. Mitigation: None. Finding: Construction of the entire Project is anticipated to take approximately six

(6) years, resulting in extended noise exposure to adjacent residential and commercial uses. Even with the implementation of construction noise measures required as standard project conditions, there is not feasible mitigation to reduce construction noise impacts to a less than significant level due to the duration of construction activities. (Significant and Unavoidable Impact)

Facts in Support of Finding: Even with the implementation of construction noise

control measures required as standard Project conditions and changes to the proposed phasing of Project construction, the Project would result in a significant impact due to the length of time it would take to implement the Project (approximately six years) and the proximity of the site to adjacent residents. Due to the size of the Project, it would be infeasible to

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reduce the overall length of construction to twelve (12) months or less. Therefore, this impact would be significant and unavoidable.

Impact: Impact NOI-3: Construction of the proposed Project could expose the

Sarah L. Winchester House and Century 21 Theater (both City Landmarks) to vibration levels in excess of City standards

Mitigation: MM NOI-3.1: The use of vibration-generating construction equipment,

such as impact compactors and larger dozers shall be prohibited within 60 feet of the Sarah L. Winchester House and Century 21 Theater.

MM NOI-3.2: Prepare and implement a Historical Resources Protection Plan to protect the building fabric of the City Landmark Sarah L. Winchester House and the Century 21 Theater buildings from direct or indirect impacts during construction activities (i.e., due to damage from operation of construction equipment, staging, and material storage). The project applicant shall, prior to issuance of any demolition and grading permits, prepare a plan establishing procedures to protect these resources. The project applicant shall ensure the contractor follows the plan while working near these historic resources. The plan shall be prepared by a qualified Historic Architect, and reviewed and approved by the City’s Historic Preservation Officer prior to issuance of any demolition and grading permits. At a minimum, the plan shall include:

a) guidelines for operation of construction equipment adjacent to historical resources;

b) requirements for monitoring and documenting compliance with the plan; and

c) education/training of construction workers about the significance of the historical resources around which they would be working.

MM NOI-3.3: The Historic Architect and/or a qualified structural engineer shall make periodic site visits to monitor the condition of the existing historic fabric at the project site and provide detailed reports to the City’s Historic Preservation Officer noting any concerns regarding the historic resources to remain as well as recommended corrective actions. Monitoring should include any instruments such as crack gauges if necessary per approval of nearby property owners, or reviewing vibration monitoring required by other construction monitoring processes required under the City’s permit processes.

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The Historic Architect shall consult with a structural engineer if any problems with character-defining features are discovered. If, in the opinion of the Historic Architect, substantial adverse impacts related to construction activities are found during construction, the Historic Architect shall so inform the project applicant or applicant’s designated representative responsible for construction activities. The project applicant shall respond accordingly to the Historic Architect’s recommendations for corrective measures, including halting construction in situations where construction activities would imminently endanger historic resources. The monitoring team shall prepare site visit reports and submit the reports to the City’s Historic Preservation Officer. MM NOI-3.4: If damage does occur to the Sarah L. Winchester House or the Century 21 Theater, the Historic Architect shall document (e.g., with photographs and other appropriate means) the level of success in meeting the Secretary of the Interior’s Standards for the Treatment of Historic Properties as noted above for the character-defining features, and in preserving the character-defining features of nearby historic properties. The project applicant shall ensure that if repairs occur, in the event of damage to nearby historic resource during construction, repair work shall comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and shall restore the character defining features in a manner that does not affect their historic status. MM NOI-3.5: The project applicant shall designate a specific person responsible for registering and investigating claims of excessive vibration. The contact information shall be clearly posted on the construction site so as to be seen from either Winchester Boulevard or Olin Avenue.

Finding: Implementation of mitigation measures MM NOI-3.1 through MM NOI-3.5 will reduce potential construction vibration impacts to the Sarah L. Winchester House and the Century 21 Theater to a less than significant level. (Less Than Significant with Mitigation)

Facts in Support of Finding: The prohibition of vibration-generating construction

equipment within 60 feet of the Sarah L. Winchester House and the Century 21 Theater in MM NOI-3.1 should be sufficient to reduce vibration exposure to these City Landmarks to less than 0.08 in/second peak particle velocity (PPV), the threshold for exposure to historic resources in Policy EC-2.3 of the Envision San José 2040 General Plan. Implementation of a Historical Resources Protection Plan, on-going monitoring during construction, and the requirements for repairs required

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in MM NOI-3.2 through MM NOI-3.4 will ensure that the two City Landmarks are not significantly damaged as a result of Project construction. Therefore, this impact will be less than significant with mitigation.

Biological Resources Impact: Impact BIO-1: Construction activities associated with the proposed

Project could result in an impact to nesting migratory birds due to the loss of fertile eggs or nest abandonment.

Mitigation: 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 activities outside of the breeding season (September 1 to January 31), then pre-construction surveys for nesting birds following the California Department of Fish and Wildlife (CDFW) bird survey protocols 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 1 through April 30) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1 through August 31). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats within 250 feet of the construction areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, in consultation with 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.

Finding: 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)

Facts in Support of Finding: Conducting pre-construction surveys and the

implementation of a construction-free buffer zone around any migratory bird nests will ensure that raptor or migratory bird nests are not disturbed during project construction. The size of buffer zones will be determined

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based consultation between a qualified ornithologist and the California Department of Fish and Wildlife based on scientific evidence and best management practices.

Impact: Impact BIO-2: Construction activities within the dripline area of preserved

or adjacent trees could result in a significant impact to health and preservation of the trees.

Mitigation: MM BIO-2.1: The project applicant shall include the location and tag

numbers of all trees on the final site plans. A certified Arborist will review all future Project submittals including grading, utility, drainage, irrigation, and landscape plans prior to the City’s issuance of any grading permit.

MM BIO-2.2: Prior to issuance of any demolition and grading permits, a Tree Protection Zone (TPZ) shall be established around any trees to be preserved. The TPZ shall be defined as the dripline. MM BIO-2.3: Underground services such as water or sewer lines shall be routed around the TPZ. Where encroachment cannot be avoided, special construction techniques such as hand digging or tunneling under roots shall be implemented where necessary to minimize root injury. MM BIO-2.4: If herbicides are used during on preserved trees, herbicides safe for use around trees and labeled for that use shall be applied. Irrigation systems shall be designed so that no trenching will occur within the TPZ. MM BIO-2.5: The demolition contractor shall meet with a qualified Arborist before beginning work to discuss work procedures and tree protection. Trees to be preserved may require pruning to clean the crown and to provide clearance. All pruning shall be completed by an International Society of Arboriculture (ISA) Certified Arborist or Tree Worker and adhere to the latest editions of the American National Standards for Tree Work (Z133 and A300) and International Society of Arboriculture Best Management Practices, Pruning. MM BIO-2.6: Prior to construction commencement, the contractors working in the vicinity of trees to be preserved shall be required to meet with the Consulting Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. MM BIO-2.7: Trees to be removed shall be felled so as to fall away from the TPZ and avoid pulling and breaking of roots of trees to remain. If roots

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are entwined, the consultant may require first severing the major woody root mass before extracting the trees, or grinding the stump below ground. MM BIO-2.8: Trees to be preserved must be irrigated during the construction period. The irrigation schedule shall be determined by the Consulting Arborist. Each irrigation event shall wet the soil within the TPZ to a depth of 30 inches. Each tree shall be irrigated weekly during months with no or low rainfall. MM BIO-2.9: Any grading, construction, demolition or other work that is expected to encounter roots of trees to be preserved shall be monitored by the Consulting Arborist. If injury occurs to any tree during construction, it should be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. MM BIO-2.10: A chain link fence shall be installed at the edge of the TPZ. No entry shall be permitted into a TPZ without permission of the project superintendent. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without permission of the project superintendent. Construction trailers, traffic and storage areas must remain outside fenced areas at all times. No materials, equipment, soil, waste or wash-out water may be deposited, stored, or parked within the TPZ. MM BIO-2.11: Any additional tree pruning needed for clearance during construction must be completed by a qualified arborist and not by construction personnel. If any roots are damaged during grading or construction, those roots shall be exposed to sound tissue and cut cleanly with a saw.

Finding: Implementation of the identified tree protection measures will ensure that

trees to be preserved will survive construction activities to the greatest extent possible. (Less Than Significant with Mitigation)

Facts in Support of Finding: The identified tree protection measures have been

developed by a certified arborist and are based on best management practices for preserving trees on construction sites. Ongoing monitoring by a certified arborist during construction will ensure that the trees are preserved in a healthy condition to the greatest extent possible.

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Hazards and Hazardous Materials Impact: Impact HAZ-1: Implementation of the proposed Project could release

pesticide chemicals from on-site soils into the environment, and expose construction workers to residual agricultural soil contamination.

Mitigation: MM HAZ-1.1: After demolition but prior to the issuance of any grading

permits, shallow soil samples shall be taken in the native soil layers within the surface lots to determine if contaminated soil from previous agricultural operations is located on-site with concentrations above established construction/trench worker thresholds. The soil sampling plan must be reviewed and approved by the Director of Planning, Building and Code Enforcement prior to initiation of work.

MM HAZ-1.2: Once the soil sampling analysis is complete, a report of the findings will be provided to the Director of Planning, Building and Code Enforcement, and other applicable City staff for review. MM HAZ-1.3: If contaminated soils are found in concentrations above established thresholds, a Site Management Plan (SMP) will be prepared and implemented (as outlined below) and any contaminated soils found in concentrations above established thresholds shall be removed and disposed of according to California Hazardous Waste Regulations. The contaminated soil removed from the site shall be hauled off-site and disposed of at a licensed hazardous materials disposal site. An SMP will be prepared to establish management practices for handling impacted groundwater and/or soil material that may be encountered during site development and soil disturbing activities. Components of the SMP will include: a detailed discussion of the site background; preparation of a Health and Safety Plan by an industrial hygienist; notification procedures if previously undiscovered significantly impacted soil or free fuel product is encountered during construction; on-site soil reuse guidelines based on the California Regional Water Quality Control Board (RWQCB), San Francisco Bay Region’s reuse policy; sampling and laboratory analyses of excess soil requiring disposal at an appropriate off-site waste disposal facility; soil stockpiling protocols; and protocols to manage ground-water that may be encountered during trenching and/or subsurface excavation activities. Prior to issuance of any grading permits, a copy of the SMP must be approved by the Santa Clara County Environmental Health Department, Director of Planning, Building and Code Enforcement, and other applicable City staff.

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Finding: With implementation of the identified mitigation measures, the Project would have a less than significant impact from exposure to contaminated soil. (Less Than Significant with Mitigation Incorporated)

Facts in Support of Finding: The identified mitigation is based on existing State laws.

If contaminated soils are found, the SMP will have to be reviewed and approved by the Santa Clara County Department of Environmental Health and the City’s Environmental Services Department. Compliance with all required measures identified in the SMP will reduce potential impacts to construction workers and future workers on site to a less than significant level.

Cultural Resources Impact: Impact CUL-1: Demolition of the Flames Coffee Shop (former Bob’s Big

Boy), a California Register of Historic Resources (CRHR) and City Landmark eligible structure, would be a significant impact.

Mitigation: MM CUL-1.1: The following measures shall be implemented prior to

issuance of a demolition permit for the Flames Restaurant.

a) Documentation: The structure shall be documented in accordance with the guidelines established for the Historic American Building Survey (HABS) and shall consist of the following components:

1. Drawings – Prepare sketch floor plans.

2. Photographs – Digital photographic documentation of the interior, exterior, and setting of the buildings in compliance with the National Register Photo Policy Fact Sheet. Photos must have a permanency rating of approximately 75 years.

3. Written Data – HABS written documentation in short form.

This documentation shall be prepared by a qualified professional who meets the Secretary of Interior’s Professional Qualifications Standards. The report shall be deposited with History San José and a copy provided to the City’s Planning Division as well as filed with the Northwest Information Center, Sonoma State University. b) Relocation by a Third Party: The structure shall be advertised for relocation by a third party. The project applicant shall be required to advertise the availability of the structure for a period of no less than 30 days. The advertisements must include a newspaper of general circulation, a website, and notice on the project site and must be reviewed

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by the City’s Historic Preservation Officer or Environmental Review Supervising Planner prior to circulation. The project applicant must provide evidence to City staff that this condition has been met prior to the issuance of any demolition permits. If a third party does agree to relocate the structure the following measures must be followed:

1. The City’s Director of Planning, Building and Code Enforcement, based on consultation with the City’s Historic Preservation Officer, must determine that the receiver site is suitable for the building.

2. Prior to relocation, a historic preservation architect and a structural engineer shall undertake an existing condition study. The purpose of the study shall be to establish the baseline condition of the building prior to relocation. The documentation shall take the form of written descriptions and visual illustrations, including those character-defining physical features of the resource that convey its historic significance and must be protected and preserved. The documentation shall be reviewed and approved by the City of San José prior to the structure being moved. Documentation already completed will be used to the extent possible to avoid repetition in work.

3. To protect the building during relocation, the third party shall engage a building mover who has experience moving similar historic structures. A structural engineer will also be engaged to determine if the building needs to be reinforced/stabilized before the move.

4. The project applicant shall offer financial assistance for the relocation that is equal to a reasonable cost of demolition of the structure.

5. Once moved, the building shall be repaired and restored, as needed, in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. In particular, the character-defining features shall be restored in a manner that preserves the integrity of the features for the long term preservation of these features.

Upon completion of the repairs, a qualified architectural historian shall document and confirm that renovations of the structure were completed in conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and that all character-defining features were preserved and submit a memo report to the City.

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c. Salvage: If no third party relocates the structure, the structure will be made available for salvage to salvage companies facilitating the reuse of historic building materials. The time frame available for salvage will be established by the City. The applicant must provide evidence to City staff that this condition has been met prior to the issuance of demolition permits.

Finding: The Flames Restaurant building is eligible for designation as a San José

City Landmark and is eligible for listing on the California Register of Historic Resources. Therefore, demolition of this building would constitute a significant impact under CEQA. (Significant and Unavoidable Impact)

Facts in Support of Finding: Implementation of mitigation measure MM CUL-1.1

would allow for the relocation of the Flames Restaurant building by a third party to an unknown location outside of the Project site, or, if relocation is unfeasible or no third party is interested in relocation, would allow for the salvage of historic building materials. If the Flames Coffee Shop is relocated to a suitable roadside receiver site and renovated consistent with the Secretary of Interior Standards, the impact to the building would be less than significant. However, implementation of this mitigation is not guaranteed as no third party has expressed interest in acquiring the structure for relocation to a suitable site at the time of DEIR circulation, and salvage would not preserve the Flames Restaurant building in its current setting as a roadside restaurant. Therefore, the demolition of a building eligible for designation as a San José City Landmark and listing in the California Register of Historic Resources would constitute a significant and unavoidable impact.

Impact: Impact CUL-2: The removal of the exterior of the Century 21 Theater and

reuse as an open space pavilion would result in a significant impact. Mitigation: MM CUL-2.1: The following measure shall be implemented prior to

issuance of any building permit for removal of any building materials on the Century 21 Theater.

a) Documentation: The structure shall be documented in accordance with the guidelines established for the Historic American Building Survey (HABS) and shall consist of the following components:

1. Drawings – Prepare sketch floor plans.

2. Photographs – Digital photographic documentation of the interior, exterior, and setting of the buildings in compliance with the National

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Register Photo Policy Fact Sheet. Photos must have a permanency rating of approximately 75 years.

3. Written Data – HABS written documentation in short form.

This documentation shall be prepared by a qualified professional who meets the Secretary of Interior’s Professional Qualifications Standards. The report shall be deposited with History San José and a copy provided to the City’s Planning Division as well as filed with the Northwest Information Center, Sonoma State University.

b) Salvage: The portions of the structure that will not be retained will be made available for salvage to salvage companies facilitating the reuse of historic building materials. The time frame available for salvage will be established by the City. The project applicant must provide evidence to City staff that this condition has been met prior to the issuance of any building permit that would allow the removal of materials from the Century 21 Theater building. MM CUL-2.2: The Project shall include a permanent exhibit or artwork to memorialize the role of the Century 21 Theater and the Flames Restaurant in local mid-twentieth century culture. Prior to issuance of any Historic Preservation Permit or Planned Development Permit that will result in a substantial alteration or demolition of the Century 21 Theater building or Flames Coffee Shop, the size and scope of this permanent exhibit shall be developed with input from the Historic Landmarks Commission, Preservation Action Council San José and the public to the satisfaction of the Director of Planning, Building and Code Enforcement. If incorporated into a new building, a façade easement including permanent exhibit space should be dedicated to ensure the preservation and management/maintenance of this exhibit in perpetuity. The project applicant and City shall consider all feasible means of preserving this legacy, including digital media, curation and exhibition of artifacts at appropriate off-site repositories such as History San José.

Finding: Demolition of the Century 21 Theater and preservation of the underlying

metal substructure for reuse as an outdoor pavilion would result in the demolition of a City Landmark, which is a significant and unavoidable impact. (Significant and Unavoidable Impact)

Facts in Support of Finding: Removal of the exterior building materials and retention

of the underlying metal substructure of the Century 21 Theater building would result in the removal of character defining features, resulting in a loss of integrity. Therefore, the removal of the exterior building materials

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would not meet the Secretary of Interior’s Standards for the re-use of historic structures, and would be a significant and unavoidable impact.

Cumulative Impacts Impact: Impact TRAN(C)-1: The proposed Project would provide a cumulatively

considerable contribution to seven intersections:

a) San Tomas Expressway/Stevens Creek Boulevard

b) San Tomas Expressway/Moorpark Avenue

c) San Tomas Expressway/Williams Road

d) San Tomas Expressway/Payne Avenue

e) Winchester Boulevard/I-280 Northbound On-ramp/Tisch Way

f) Stevens Creek Boulevard/Winchester Boulevard (Protected)

g) Stevens Creek Boulevard/Monroe Street (Protected)

Mitigation: MM-TRAN(C)-1.1: San Tomas Expressway/Stevens Creek Boulevard: The Level of Service (LOS) at the San Tomas Expressway/Stevens Creek Boulevard intersection would be improved over background conditions with the addition of a fourth through lane to both the northbound and southbound approaches. This improvement has been identified as a Tier 1 improvement in the County Expressway Planning Study. The Project would pay a fair share fee to this improvement.

MM-TRAN(C)-1.2: San Tomas Expressway/Moorpark Avenue: The LOS at the San Tomas Expressway/Moorpark Avenue intersection would be improved over background conditions with the addition of a fourth through lane to both the northbound and southbound approaches. This improvement has been identified as a Tier 1 improvement in the County Expressway Planning Study. The Project would pay a fair share fee to this improvement. MM-TRAN(C)-1.3: Winchester Boulevard/I-280 Northbound On-ramp/ Tisch Way: A new northbound I-280 off-ramp to Winchester Boulevard has been identified to mitigate transportation impacts to multiple intersections along Winchester Boulevard and Stevens Creek Boulevard, including the Winchester Boulevard and I-280 northbound on-ramp/Tisch Way. If the proposed TDP is approved by City Council, the project applicant would pay the associated traffic impact fees toward this improvement. Even if the TDP is approved, this impact would remain significant and unavoidable.

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MM-TRAN(C)-1.4: San Tomas Expressway/Williams Road: The LOS at the San Tomas Expressway/Williams Road intersection would be improved over background conditions with the addition of a fourth through lane to both the northbound and southbound approaches. This improvement has been identified as a Tier 1 improvement in the County Expressway Planning Study. The Project would pay a fair share fee to this improvement.

Finding: Cumulative traffic impacts to the intersections of San Tomas

Expressway/Stevens Creek Boulevard, San Tomas Expressway/Moorpark Avenue, and San Tomas Expressway/Williams Road will require the payment of a fair share fee to implement improvements identified in the County Expressway Planning Study that will reduce the cumulative impact to a less than significant level. However, payment of these fair-share fees will not guarantee the timely construction of the identified improvements to mitigate the project impact. Therefore, this impact would be considered significant and unavoidable. (Significant and Unavoidable)

There are no feasible physical improvements to improve the LOS of the San Tomas Expressway/Payne Avenue intersection as the projected traffic delays are the result of traffic backups on Payne Avenue. Therefore, the cumulative traffic impact for this intersection is significant and unavoidable. (Significant and Unavoidable) Construction of a new northbound I-280 off-ramp to Winchester Boulevard has been identified to mitigate transportation impacts to multiple intersections along Winchester Boulevard and Stevens Creek Boulevard, including the Winchester Boulevard and I-280 northbound on-ramp/Tisch Way. If the proposed TDP is approved, the project applicant would pay the associated traffic impact fees toward construction of this improvement, but construction of the improvement will not be sufficient to reduce cumulative impacts to a less than significant level. Even if If the TDP is not approved by City Council, this impact would be remain significant and unavoidable. (Significant and Unavoidable)

Pursuant to the City’s Transportation Impact Policy, in lieu of physical improvements to the Winchester Boulevard/Stevens Creek Boulevard and Monroe Street/Stevens Creek Boulevard intersections, the project applicant shall construct offsetting improvements to other parts of the Citywide transportation system in the vicinity of the project site pursuant to the requirements of the City’s Transportation Impact Policy (City Council Policy 5-3).

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Facts in Support of Finding: Cumulative impacts to the intersections of San Tomas

Expressway/Stevens Creek Boulevard, San Tomas Expressway/Moorpark Avenue, and San Tomas Expressway/Williams Road will require the payment of fair-share fees to contribute to the construction of a fourth through lane in both directions on San Tomas Expressway. Construction of this fourth through lane would reduce the average vehicle delay to better than background conditions during the morning peak hour. However, payment of a fair-share fee toward improvement costs will not guarantee that construction will be completed in time to mitigate the Project’s cumulative impact. Therefore, this impact would be considered significant and unavoidable.

There are no feasible physical improvements to the intersection of San Tomas Expressway/Payne Avenue. The identified cumulative impact is primarily due to the delay experienced on Payne Avenue due to the traffic light cycle times on San Tomas Expressway. Traffic light cycle times are outside the jurisdiction of the City of San José. Therefore, the cumulative impact to this intersection is significant and unavoidable. Construction of a new northbound I-280 off-ramp to Winchester Boulevard has been identified to mitigate transportation impacts to multiple intersections along Winchester Boulevard and Stevens Creek Boulevard, including the Winchester Boulevard and I-280 northbound on-ramp/Tisch Way. The proposed TDP would provide partial funding for the implementation of a new northbound off-ramp from I-280 to Winchester Boulevard that would reduce traffic impacts to the I-280/Winchester Boulevard and I-880/Stevens Creek Boulevard corridors. Construction of this off-ramp is under the jurisdiction of the VTA and Caltrans. The City of San José has no jurisdiction over the construction of this improvement, and therefore cannot guarantee the off-ramp will be constructed before buildout of the Santana West Project and the corresponding cumulative traffic impact. Even if this new off-ramp is constructed, it will not fully reduce the cumulative impact to a less than significant level. Therefore, the impact is significant and unavoidable.

Impact: Impact NOI(C)-1: Project traffic, when combined with traffic from nearby

pending and approved projects, would result in an approximately three (3) dBA increase in traffic noise between Spar Avenue and Hanson Avenue and a five (5) dBA increase in traffic noise near Maplewood Avenue. As a result, the Project would result in a cumulatively considerable increase in ambient noise levels on Olin Avenue between Winchester Boulevard and Maplewood Avenue. This impact is the same as Impact NOI-1.

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Mitigation: None. Finding: No feasible mitigation was identified to reduce cumulative traffic noise

impacts on Olin Avenue to a less than significant level. (Significant and Unavoidable Impact)

Facts in Support of Finding: The noise and vibration analysis prepared for the Project

by Illingworth and Rodkin, Inc. (dated April 8, 2016) determined that noise barriers along Olin Avenue would not be feasible because of requirements for driveways, pedestrian access, and the short distances between the intersections of Olin Avenue with Spar Avenue and Hanson Avenue. The noise analysis concluded that Project access from Olin Avenue should be limited to the eastern north/south internal access road. Limiting Project access from Olin Avenue to a single driveway would hinder access to the site, creating greater queuing backups on Olin Avenue and Winchester Boulevard from automobiles entering the site than would occur under the proposed circulation plan. For this reason, this mitigation was determined to be infeasible. No other feasible mitigation was identified to reduce traffic noise impacts on Olin Avenue to a less than significant level.

Impact: Impact NOI(C)-2: Construction of Phase I of the Santana West Project

may occur at the same time as construction of the Volar residential/ mixed-use project proposed at 350 South Winchester Boulevard (Planning File No. PDC15-065), approximately 350 feet northeast of the project site. Concurrent construction will result in combined construction noise exposure to adjacent sensitive receptors for a period of about two (2) years.

Mitigation: None. Finding: Simultaneous construction of Phase I of the Project and the Volar project

is anticipated to take approximately two (2) years, resulting in extended noise exposure to adjacent residential and commercial uses. Even with the implementation of construction noise measures required as standard project conditions, there is not feasible mitigation to reduce construction noise impacts to a less than significant level due to the duration of construction activities. (Significant and Unavoidable Impact)

// // //

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Facts in Support of Finding: Even with the implementation of construction noise control measures required as standard project conditions and changes to the proposed phasing of Project construction, the project would result in a significant cumulative noise impact due to the length of time that both the Project and the Volar project are anticipated to be under simultaneous construction (approximately two years) and the proximity of both of the project sites to adjacent residents and commercial uses. Therefore, this impact would be significant and unavoidable.

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. 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:

1) No Project – No Development Alternative 2) No Project – Neighborhood Community Commercial Redevelopment

Alternative 3) Reduced Development Alternative 4) Redesign Alternative No. 1 5) Redesign Alternative No. 2 6) Century 21 Theater Reuse Alternative 1 7) Century 21 Theater Reuse Alternative 2 8) Flames Restaurant Reuse Alternative 9) Reduced Development and Historic Buildings Reuse Alternative

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1. No Project - No Development Alternative A. Description of Alternative: The No Project – No Development

Alternative would retain the three existing movie theaters and restaurant. The theaters are currently vacant and it is assumed they would be reopened. If the Project site were to remain as is there would be no new impacts, whether from construction or ongoing operation of the proposed office development.

B. Comparison of Environmental Impacts: The No Project – No

Development Alternative would avoid all of the new environmental impacts identified in the DEIR.

C. Finding: This alternative would not meet any of the Project objectives,

including objectives to redevelop the Project site consistent with the Envision San José 2040 General Plan, humanize the pedestrian experience through the widening of sidewalks and the addition of pedestrian-oriented amenities (i.e. street trees, pedestrian scale lighting, outdoor seating opportunities), and support the City of San José economic development goals by providing Class A office space at an attractive location in a designated Urban Village. The site is underutilized compared with development capacities assumed in the Envision San José 2040 General Plan, as the existing structures on site total approximately 90,000 square feet, with a floor area ratio (FAR) of about 0.16, which is significantly less than the maximum 2.0 FAR allowed for the Neighborhood Community Commercial General Plan/Transportation Diagram Designation for the site. Therefore, this alternative is rejected.

2. No Project - Neighborhood Community Commercial Redevelopment Alternative A. Description of Alternative: The No Project – Neighborhood Community

Commercial Redevelopment Alternative would redevelop the site consistent with the site’s Neighborhood Community Commercial General Plan Land Use/Transportation Diagram designation and the site’s CG General Commercial zone district. This development would presumably be of a similar size to the proposed Project, with approximately 1,000,000 square feet of commercial and/or office uses and a maximum height of 120 feet, consistent with the maximum 2.0 FAR for the Neighborhood Community Commercial General Plan Land Use/Transportation Diagram designation and the maximum height limits for properties with a Neighborhood/Community Commercial designation in an Urban Village.

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B. Comparison of Environmental Impacts: The No Project – Neighborhood Community Commercial Redevelopment Alternative would likely result in the same or similar environmental impacts as those identified in the DEIR. The No Project – Neighborhood Community Commercial Redevelopment Alternative would result in a development of a similar size as the proposed Project, assuming any future development seeks to maximize development at an FAR of 2.0. This would result in approximately 1,000,000 square feet of commercial and/or retail uses, which would have similar transportation, noise, air quality, and hazardous materials impacts as the proposed project. Furthermore, to maximize development area, such a development would also likely result in the same impacts to the two historic resources on the Project site, the Century 21 Theater and the Flames Restaurant building.

C. Finding: The No Project – Neighborhood Community Commercial

Redevelopment Alternative would meet all of the Project’s objectives except for the objective to humanize the pedestrian experience by widening sidewalks and adding visual interest along Olsen Drive to reinforce the pedestrian connection between the Project site and Santana Row across Winchester Boulevard. This is due to the setbacks required by the site’s current CG General Commercial Zoning District, which require a front setback of fifteen feet and a street side setback of 12.5 feet. These setbacks conflict with Envision San José 2040 Policies to encourage development close to the sidewalk in order to enhance the pedestrian experience, especially for sites within designated Urban Villages like the Project site. Therefore, this alternative is rejected.

3. Reduced Development Alternative A. Description of Alternative: The Reduced Development Alternative

would develop 175,000 square feet of office/retail with either a one-story building over parking or multi-story buildings surrounded by surface parking. This alternative would be an 82 percent reduction in office/retail space compared to the proposed Project. Like the proposed Project, this alternative would demolish the Flames Restaurant building and demolish the exterior of the Century 21 Theater building and reuse the underlying metal substructure as an outdoor pavilion.

B. Comparison of Environmental Impacts: The Reduced Development

Alternative would result in a significant reduction in vehicle trips, avoiding significant transportation impacts to the intersection of Winchester Boulevard and the I-280 northbound onramp/Tisch Way and transportation impacts to the twenty-one (21) directional freeway segments identified in

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Impact TRAN-2. The reduction in vehicle trips would also reduce vehicle traffic noise along Olin Avenue to a less than significant level. The reduction in project size to 175,000 square feet would also reduce the need for underground parking and construction could feasibly be completed within 12 months, reducing project and cumulative impacts related to construction period air quality and noise to a less than significant level. Other identified impacts, including impacts to the Century 21 Theater and Flames Restaurant building, would remain the same as the proposed Project.

C. Finding: The Reduced Development Alternative would be generally

consistent with the Project objectives and Envision San José 2040 General Plan Policies. However, at 0.31 FAR, this alternative would result in the underutilization of a prime redevelopment site within the Valley Fair/Santana Row Urban Village and will conflict with the intent of the Urban Village to concentrate employment growth in areas where there is a viable mix of mutually supporting land uses that allow employees and residents to walk or bike to shops and services. Therefore, this alternative is rejected.

4. Redesign Alternative No. 1 A. Description of Alternative: Redesign Alternative No. 1 would

reconfigure the roadway network on the Project site by restricting access along the western property line to emergency vehicles only and re-routing Winchester Ranch Mobile Home Park site access to Olsen Drive via a new public north-south access road from Olsen Drive to Charles Cali Drive, located between Building F on the Conceptual Development Plan in Figure 2.0-1 of the FEIR and the Winchester Mystery House. This alternative would retain public access to the Winchester Ranch Mobile Home Park site while retaining the same general roadway configuration as the proposed Project. All other development parameters of this alternative would be the same as the proposed Project, including total square footage, building heights, site layout, and use of the Century 21 Theater as an outdoor pavilion.

B. Comparison of Environmental Impacts: The Redesign Alternative No.

1 would have the same impacts as the proposed Project, as the overall development capacity and design of the project remains the same as the proposed Project except for the change in access to the Winchester Ranch Mobile Home Park. This alternative would shift Winchester Ranch Mobile Home Park site traffic from Olin Avenue to Olsen Avenue, resulting in a slight reduction in traffic and traffic noise along Olin Avenue.

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However, traffic volumes from the Winchester Ranch Mobile Home Park site are minimal, with approximately 559 trips per day based on 4.99 trips per unit in a mobile home park per the Institute of Traffic Engineers Trip Generation, 9th Edition. The shift of reduction of 559 trips per day will not be sufficient to reduce the identified traffic noise impact along Olin Avenue to a less than significant level.

C. Finding: The Redesign Alternative No. 1 meets all of the Project

objectives and results in the same environmental impacts as the Project while retaining a public roadway connection to the Winchester Ranch Mobile Home Park site.

5. Redesign Alternative No. 2 A. Description of Alternative: Redesign Alternative No. 2 would keep the

existing curved alignment of Olsen Drive and maintain public road access to the Winchester Ranch Mobile Home Park site. In order to accommodate the same square footage of office and retail space on-site as the proposed Project without increasing the height or massing of the buildings, the Redesign Alternative 2 would shift the location of Building F to the north of Olsen Drive and relocate the underlying metal substructure of the Century 21 Theater building south of Olsen Drive adjacent to the west side of the Winchester Mystery House, in the current location of the Century 23 Theater. The Century 21 Theater metal substructure would still be used as an open-air pavilion like the proposed Project.

B. Comparison of Environmental Impacts: The Redesign Alternative No.

2 would have essentially the same impacts as the proposed Project, as the overall development capacity and design of the project remains the same as the proposed Project except for the retention of the existing alignment of Olsen Drive, the relocation of the underlying substructure of the Century 21 Theater, and the shifting of office development north of the existing Olsen Drive alignment at the existing location of the Century 21 Theater. This alternative would shift Winchester Ranch Mobile Home Park site traffic from Olin Avenue to Olsen Avenue, resulting in a slight reduction in traffic and traffic noise along Olin Avenue. However, traffic volumes from the Winchester Ranch Mobile Home Park site are minimal, as described above, so the shift in traffic will not reduce the identified traffic noise impact along Olin Avenue to a less than significant level. Like the Project, the removal of exterior building materials on the Century 21 Theater and reuse of the metal substructure as an open space pavilion would be considered demolition, which does not meet the Secretary of the Interior Standards for reuse of historic structures. As such, the proposed

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demolition and reuse of the structure would result in a significant and unavoidable impact. Redesign Alternative 2 would also relocate the metal substructure approximately 175 feet south of its current location, which would result in a loss of setting and location compared to the Project, exacerbating the significant and unavoidable impact resulting from demolition.

C. Finding: The Redesign Alternative No. 2 meets all of the Project

objectives while retaining a public roadway connection to the Winchester Ranch Mobile Home Park site. This alternative results in the same environmental impacts as the Project, but exacerbates the significant and unavoidable impact to the Century 21 Theater because the relocation of the metal substructure will result in a loss of historic setting. Therefore, this alternative is rejected.

6. Century 21 Theater Reuse Alternative No. 1 A. Description of Alternative: The Century 21 Theater Reuse Alternative

No. 1 would retain the site design and development capacities of the Project, but would rehabilitate the Century 21 Theater consistent with Secretary of the Interior Standards and re-use it as a mini-storage facility. This alternative would allow the Century 21 Theater to be rehabilitated and occupied with minimal exterior work and upgrades to the structure that may compromise the integrity of the structure. To accommodate personal automobiles and possibly vans or other large vehicles, the landscaped area around the dome would need to be replaced with parking and sufficient space for loading and unloading of vehicles. All other development parameters of this alternative would be the same as the proposed Project, including total square footage, building heights, and site layout.

B. Comparison of Environmental Impacts: The Century 21 Theater

Reuse Alternative No. 1 would result in the same impacts as the proposed Project, except that a significant and unavoidable impact resulting from the demolition of the Century 21 Theater would be avoided. Based on the Institute of Transportation Engineers Trip Generation, 9th Edition, new vehicle trips generated by the use of the Century 21 Theater as ministorage would result in an average increase of about 53 daily trips, with six trips occurring each in the morning and evening peak hours, which is insufficient to trigger a new traffic impact or exacerbate identified traffic impacts. The slight increase in traffic and loading/unloading activities would result in minimal changes in ambient noise levels compared to the

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proposed Project, as mini-storage facilities are low intensity uses that do not generate significant noise.

C. Finding: The Century 21 Reuse Alternative No. 1 meets all of the Project

objectives. The retention of the Century 21 Theater building and re-use as ministorage will forgo the opportunity to re-use the underlying metal substructure of the building as an open air pavilion providing publically-accessible private open space. This alternative reduces the Project’s significant and unavoidable impact resulting from demolition of the exterior of the Century 21 Theater to a less than significant level. All other identified impacts will remain the same as those identified for the Project.

7. Century 21 Theater Reuse Alternative No. 2 A. Description of Alternative: The Century 21 Theater Reuse Alternative

No. 2 would retain and rehabilitate the Century 21 Theater building consistent with Secretary of the Interior Standards and re-use the building as an entertainment venue, such as a night club. All other development parameters of this alternative would be the same as the proposed Project, including total development square footage, building heights, and site layout. The venue would operate on nights and weekends, after standard business hours, and would be subject to the City’s operation regulations, including requirements to obtain a Planned Development Permit. Regulations include, but are not limited to, hours of operation, noise, beverage service, security, parking, and traffic circulation. The venue would share parking spaces with the office and retail development, but parking would likely be limited to the eastern portion of the site (Buildings C and D on the conceptual site plan in Figure 2.0-1 in the FEIR) in order to minimize noise impacts from vehicles and patrons leaving the venue on residences to the west of the Project site.


Reuse Alternative No. 2 would result in the same impacts as the proposed Project, except that a significant and unavoidable impact resulting from the demolition of the Century 21 Theater would be avoided. Trips generated by the entertainment venue would mostly occur outside of the morning and evening peak hours, and therefore will not trigger a new traffic impact or exacerbate the traffic impacts identified in the DEIR. The limitation on parking to the eastern portion of the site would discourage patron vehicle traffic from using Olin Avenue past the eastern north/south roadway on the Project site, minimizing ambient noise from vehicle traffic on Olin Drive west of Spar Avenue. Occasional instantaneous noise events resulting from persons entering or exiting the venue could be noticeable at the

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adjacent residences to the west, but these would not be considered frequent enough to trigger a significant noise impact.

C. Finding: The Century 21 Theater Reuse Alternative No. 2 would avoid

the significant and unavoidable impacts to the Century 21 Theater. This alternative meets all of the project objectives while re-using the Century 21 Theater with a use similar to the building’s historic use as a cinema.

8. Flames Restaurant Reuse Alternative A. Description of Alternative: The Flames Restaurant Reuse Alternative

would either preserve the Flames Restaurant building in its current location at the corner of Olin Avenue and Winchester Boulevard, or would relocate the restaurant elsewhere along the Project site’s frontage on Winchester Boulevard. The building would continue to be used as a restaurant. To accommodate the footprint of the restaurant, the development capacity of the Project would be reduced by approximately 63,000 square feet of combined office and retail area. Restaurant parking would be accommodated inside the proposed parking garages serving the Project. All other development parameters, site design, and the proposed demolition of the Century 21 Theater building would remain the same as the proposed Project.

B. Comparison of Environmental Impacts: Retention of the Flames

Restaurant building would avoid a significant and unavoidable impact resulting from demolition of the Flames Restaurant building. All other significant impacts would remain the same as those identified for the proposed Project. Traffic generated by the restaurant would not result in a new traffic impact or increase the severity of the impacts identified under the proposed Project because trips generated by the restaurant will be offset by the reduction of 63,000 square feet of office and retail space.

C. Finding: The Flames Restaurant Reuse Alternative would avoid the

significant and unavoidable impact resulting from demolition of the restaurant building. This alternative would meet all of the project objectives except for the objective to provide new Class A office space and commercial retail space up to a maximum Floor Area Ratio of 2.0. With the reduction 63,000 square foot reduction in office and retail space to accommodate the retention of the Flames Restaurant building along the site’s Winchester Boulevard frontage, the Floor Area Ratio would be reduced to about 1.7, which is less than the 2.0 Floor Area Ratio desired as a project objective. Furthermore, the Flames Restaurant building occupies a prominent corner of the Project site on Winchester Boulevard

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at Olin Drive, and the retention of the Flames Restaurant could limit the viability of retail tenants locating on the site due to reduced visibility from southbound Winchester Boulevard. Finally, the Project site has a limited frontage along Winchester Boulevard given the 12.99 acre size of the Project site. Retention of the Flames Restaurant building along Winchester Boulevard would reduce the usable site frontage by approximately 100 feet, or 25% of the 400 foot long Winchester Boulevard frontage. This reduced frontage would limit the viability of retail tenants due to reduced visibility from Winchester Boulevard. Therefore, this alternative is rejected.

9. Reduced Development and Historic Buildings Reuse Alternative A. Description of Alternative: The Reduced Development and Historic

Buildings Reuse Alternative would retain the Century 21 Theater in its current location, rehabilitate the building consistent with the Secretary of the Interior Standards, and re-use the building as a mini-storage facility. This alternative would also retain the Flames Restaurant building in its current location and reduce the total size of new office and retail to 175,000 square feet. The alignment of Olsen Drive and access to the Winchester Ranch Mobile Home Park would not change from existing conditions. With the reduction in overall square footage, the total height of the buildings would be reduced to between two to three floors. All other development parameters of this alternative would be the same as the proposed Project.

B. Comparison of Environmental Impacts: The Reduced Development

and Historic Buildings Reuse Alternative would avoid the significant and unavoidable impacts to the Century 21 Theater and Flames Restaurant, the operational noise impact on Olin Avenue, and the traffic impacts at the Winchester Boulevard/Tisch Way intersection and 21 local freeway segments. The reduction in project size to 175,000 square feet would also reduce the need for underground parking and construction could feasibly be completed within 12 months, reducing project and cumulative impacts related to construction period air quality and noise to a less than significant level. Impacts related to construction vibration near historic structures, nesting migratory birds, trees, and hazardous materials would be the same as those identified for the proposed Project.

C. Finding: The Reduced Development and Historic Buildings Reuse

Alternative would be generally consistent with the Project objectives and Envision San José 2040 General Plan Policies. This alternative is the environmentally superior alternative because it avoids the significant and

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unavoidable impacts to the Century 21 Theater, the Flames Restaurant building, traffic impacts at the Winchester Boulevard/Tisch Way intersection, impacts to twenty-one (21) directional freeway segments, and the significant and unavoidable air quality and noise impacts from construction. However, at 0.31 FAR, this alternative would result in the underutilization of a prime redevelopment site within the Valley Fair/Santana Row Urban Village and will conflict with the intent of the Urban Village to concentrate employment growth in areas where there is a viable mix of mutually supporting land uses that allow employees and residents to walk or bike to shops and services. Furthermore, the Project site has a limited frontage along Winchester Boulevard given the 12.99 acre size of the site. Preservation of the Flames Restaurant building would further reduce the usable site frontage by approximately 100 feet, or 25% of the 400 foot long Winchester Boulevard frontage, potentially limiting the viability of the site for retail uses. Therefore, this alternative is rejected.

10. Selection of Preferred Alternative The City Council adopted Resolution No. 77034 on June 10, 2014, designating the Century 21 Theater as a City Landmark based on its historical, architectural, cultural, and aesthetic value to the community. Therefore, the applicant’s proposed project consisting of demolition of the exterior of the Century 21 Theater would be considered a significant and unavoidable impact under CEQA. After preparation of the DEIR, the City determined that insufficient findings in the administrative record exist to override an identified significant and unavoidable impact related to the demolition of the exterior of the Century 21 Theater building, a designated City Landmark and structure listed on the California Register of Historic Resources for the following reasons:

(a) Demolition would not comply with the following Envision San José 2040 General Plan Policies related to the preservation of a City Landmark:

(i) Policy LU-13.2, which encourages the preservation and rehabilitation of designated City Landmarks;

(ii) Policy LU-13.3, which encourages the incorporation of landmark structures into new developments to create a sense of place;

(iii) Policy LU-13.4, which requires conformance with the City Council Policy on the Preservation of Historic Landmarks for projects; and

(iv) Policy LU-13.6, which requires modifications to City Landmarks conform to the Secretary of the Interior’s Standards for Treatment of Historic Properties.

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(b) Preservation of the Century 21 Theater will not preclude the Project from meeting its stated objectives, including objectives to redevelop the site with 970,000 square feet of office/research & development uses and 29,000 square feet of retail uses within the Valley Fair/Santana Row Urban Village; and

c) Preservation of the Century 21 Theater would not prevent the realization of the Project’s overriding benefits, including

(i) the provision of intensive employment uses in an identified growth area within walking distance of existing amenities, retail, and services;

(ii) an increase in employment within the City of San José through the provision of additional building floor area capacity for various employment uses, which will provide opportunity for near-term jobs to contribute to the City’s long-term achievement of economic development and job growth goals; and

(iii) the provision of significant employment growth in close proximity to high-frequency transit services.

For the reasons stated above, the City Council hereby adopts the following alternative to preserve the Century 21 Theater building in its entirety: A. Description of Selected Alternative: A modified version of Reuse

Alternative No. 2 to preserve the entire structure of the Century 21 Theater building, which allows for the reuse of the building as an entertainment venue, with a modification to this alternative to select the roadway configuration in Redesign Alternative No. 1 to maintain public right-of-way access to the Winchester Ranch Mobile Home Park site. All other development parameters, such as, 970,000 square feet of office/research & development uses and 29,000 square feet of retail uses, would remain the same for the proposed Project as further described in the FEIR. This revised roadway configuration would restrict access along the western property line to emergency vehicles only and re-route Winchester Ranch Mobile Home Park site access to Olsen Drive via a new public north-south access road from Olsen Drive to Charles Cali Drive, located between Building F on the Conceptual Development Plan in Figure 2.0-1 of the FEIR and the Winchester Mystery House.


Reuse Alternative No. 2 with the modified roadway configuration of Redesign Alternative No. 1 would result in the same impacts as the proposed Project, except that a significant and unavoidable impact resulting from the demolition of the Century 21 Theater would be avoided. Trips generated by the entertainment venue would mostly occur outside of

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the morning and evening peak hours, and therefore will not trigger a new traffic impact or exacerbate the traffic impacts identified in the FEIR. The limitation on parking to the eastern portion of the site would discourage patron vehicle traffic from using Olin Avenue past the eastern north/south roadway on the Project site, minimizing ambient noise from vehicle traffic on Olin Drive west of Spar Avenue. Occasional instantaneous noise events resulting from persons entering or exiting the venue could be noticeable at the adjacent residences to the west, but these would not be considered frequent enough to trigger a significant noise impact. The revised roadway configuration in the Redesign Alternative No. 1 would shift Winchester Ranch Mobile Home Park site traffic from Olin Avenue to Olsen Avenue, resulting in a slight reduction in traffic and traffic noise along Olin Avenue. However, traffic volumes from the Winchester Ranch Mobile Home Park site are minimal, as the 112 units in the mobile home park generate approximately 559 trips per day based on 4.99 daily trips per unit in a mobile home park per the Institute of Traffic Engineers Trip Generation, 9th Edition, with about 49 trips in the morning peak hour and 66 trips in the evening peak hour. Therefore, the shift in traffic will not reduce the identified traffic noise impact along Olin Avenue to a less than significant level.

C. Finding: As described in detail above, the modified Century 21 Theater

Reuse Alternative No. 2 would avoid the significant and unavoidable impacts to the Century 21 Theater while retaining public roadway access to the Winchester Ranch Mobile Home Park site in a roadway configuration that is the same as the proposed Project absent the private driveway along the western project boundary. This alternative meets all of the project objectives, advances Envision San Jose 2040 General Plan Policies for the preservation of City Landmarks while allowing for the re-use of the Century 21 Theater with a use similar to the building’s historic use as a cinema. Therefore, the City adopts this alternative.

MITIGATION MONITORING AND REPORTING PROGRAM

Attached to this Resolution as Exhibit “A” and incorporated and adopted as part of this Resolution herein is the Mitigation Monitoring and Reporting Program for the Project required under Section 21081.6 of the CEQA Statute and Section 15097(b) of the CEQA Guidelines. The Program identifies impacts of the Project, corresponding mitigation, designation for responsibility for mitigation implementation and the agency responsible for the monitoring action.

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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 significant and unavoidable impacts of the Project as outlined above 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 transportation, operational traffic noise, construction noise, construction period air quality, and historic resources.

B. Overriding Considerations. The City Council specifically adopts and

makes this Statement of Overriding Considerations that this Project with the modified Reuse Alternative No. 2 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, and the 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 specifically provided in the Project documents would result in the following substantial public benefits:

1. In-fill Development in an Identified Growth Area. The Project

includes a mix of office and commercial/retail development within walking and biking distance of existing and planned retail and residential uses in the Valley Fair/Santana Row Urban Village,

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advancing Major Strategy No. 3 in the Envision San José 2040 General Plan. The subject Project will contribute to and compliment the Valley Fair/Santana Row Urban Village by allowing future employees and customers on the site to access nearby shops, restaurants, services, and amenities by walking, reducing the number of single-occupancy automobile work-based trips compared with the equivalent amount of development in a more suburban location.

2. Increase Employment within San José. The provision of an additional 970,000 square feet of Class A Office/Research & Development capacity and 29,000 square feet of Retail capacity on an underutilized site within an identified growth area 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. Specifically, the Project will enhance building floor area capacity for various employment uses and provide near-term jobs to contribute to the City’s long-term achievement of economic development and job growth goals. 3. Development near High –Frequency Transit Services. The Project supports goals of the Envision San José 2040 General Plan to focus jobs within proximity to existing high-frequency transit and the planned Bus Rapid Transit line along Stevens Creek Boulevard. 4. Implementation of a Transportation Development Policy. The Project includes implementation of a Transportation Development Policy (TDP) to fund potential interchange improvements at the intersection of Interstate 280, Winchester Boulevard, and Tisch Way to address area traffic impacts and support future development in the Valley Fair/Santana Row, Winchester, and Stevens Creek Urban Villages as outlined in the Envision San José 2040 General Plan.

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 FEIR 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. // //

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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 Department of Planning, Building, and Code Enforcement, 200 East Santa Clara Street, Third Floor Tower, San José, CA 95113.

ADOPTED this ____day of ______________, 2016, by the following vote: AYES:

NOES:

ABSENT:

DISQUALIFIED:

SAM LICCARDO Mayor

ATTEST: TONI J. TABER, CMC City Clerk

MITIGATION MONITORING AND REPORTING PROGRAM

Santana West

(File No. PDC14-068)

CITY OF SAN JOSE

August 2016

EXHIBIT "A" (File No. PDC14-068)

P R E F A C E

Section 21081.6 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.

I, rz-o-1 Visf, - A, the applicant, on the behalf of S K-* w 1—1—C, hereby agree to fully implement the Mitigation Measures described below which have been developed in conjunction with the preparation of an Environmental Impact Report 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 R

Applicant's Signature

Date

orting Program addresses those measures in terms of how and when they will be implemented.


CITY OF

SAN JOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR FllC N°* PDC14-068

MITIGATIONS MONITORING AND REPORTING PROGRAM

Documentation of Compliance Documentation of Compliance [Applicant/Proponent Responsibility] [Lead Agency Responsibility]

Adopted Mitigation Measures Responsibility Method of Timing of Oversight Actions/ Monitoring for Compliance Compliance Responsibility Reports Timing or

Implementation Or Mitigation Schedule Action

TRANSPORTATION Impact TRAN-1: Implementation of the proposed project would have a significant impact on the Winchester Boulevard and 1-280 northbound on-ramp/Tisch Way intersection under background plus project conditions.

MM TRAN-L1: Winchester Boulevard and 1-280 northbound Project Payment of traffic Prior to Supervising Payment of Prior to

onramp/Tisch Way: In lieu of physical improvements, the project Applicant fees per the I- issuance of Planner of the TDP fees. issuance of

applicant shall be required to pay the I-280/Winchester Transportation 280/Winchester Department Department of Department of

Development Policy (TDP) traffic fees. TDP (if approved of Public Planning, Public Works Development Policy (TDP) traffic fees. by City Council) Works Building and Clearance for

Clearance Code Planned for Planned Enforcement Development Develop (PCBE). Permit

0 ment Permit Director of the Department of Public Works (DPW)

Impact AIR-1: Construction of the proposed project would result in a temporary community risk impact.

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#% CITY OF tSS

SANJOSE Department of Planning, Building and Code Enforcement M?rTuTo^eS^ CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 e C


Documentation of Compliance [Applicant/Proponent Responsibility]

Documentation of Compliance [Lead Agency Responsibility]

Adopted Mitigation Measures Responsibility for

Implementation

Method of Compliance

Or Mitigation Action

Timing of Compliance

Oversight Responsibility

Actions/ Reports

Monitoring Timing or Schedule

MM AIR-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 4 engines or equivalent. The project applicant shall submit to the Department of Planning. Building, and Code Enforcement a construction operations plan that includes specifications of the equipment to be used during construction. The plan shall be accompanied by a letter signed by an air quality specialist, verifying that the equipment included in the plan meets the standards set forth in these mitigation measures. The plan shall be submitted for review and approval to the Supervising Planner of the Department of Planning, Building and Code Enforcement's Environmental Review Division prior to issuance of a grading, demolition, and/or building permit (whichever occurs earliest).

Project Applicant

Submit a construction operations plan that includes specifications of the equipment to be used during construction. The plan shall be accompanied by a letter signed by a qualified air quality specialist, verifying that the equipment included in the plan meets the standards set forth in these mitigation measures.

Prior to issuance of a grading. demolition, and/or building permit (whichever is earliest).

Supervising Environmental Planner of the PBCE

The lead agency shall review the construction operations plan that includes specifications of the equipment to be used

Prior to and during construction and demolition activities.

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CITY OF

SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR ^°* PDC14-068



Adopted Mitigation Measures Responsibility Method of Timing of Oversight Actions/ Monitoring Adopted Mitigation Measures for Compliance Compliance Responsibility Reports Timing or


NOISE Impact NOI-3: Construction of the proposed project could expose the Sarah L. Winchester House and Century 21 Theater (both City Landmarks) to vibration levels in excess of City standards.

MM NOI-3.1: The use of vibration-generating construction Project The project Prior to Supervising Review and Prior to equipment, such as impact compactors and larger dozers shall be Applicant applicant shall issuance of Environmental approve the issuance of prohibited within 60 feet of the Sarah L. Winchester House and submit a demolition Planner of the construction any Century 21 Theater. construction and/or PCBE and the operations demolition Century 21 Theater.

operations plan grading City's Historic plan. and/or grading that includes permits Preservation permits measures to (whichever Officer (HPO) Ensure all (whichever prohibit vibration comes first). approved comes first). generating plans include construction notes with the equipment near limitations on the two City vibration Landmarks. generating

equipment. All construction contracts and approved plans shall include notes with these limitations.

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SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 6 °"





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MM NOI-3.2: Prepare and implement a Historical Resources Protection Plan to protect the building fabric of the City Landmark Sarah L. Winchester House and the Century 21 Theater buildings from direct or indirect impacts during construction activities (i.e.. due to damage from operation of construction equipment, staging, and material storage). The project applicant shall, prior to issuance of demolition and grading permits, prepare a plan establishing procedures to protect these resources. The project applicant shall ensure the contractor follows the plan while working near these historic resources. The plan shall be prepared by a qualified Historic Architect, and reviewed and approved by the City's Historic Preservation Officer prior to issuance of demolition and grading permits. At a minimum, the plan shall include: a) guidelines for operation of construction equipment adjacent to historical resources; b) requirements for monitoring and documenting compliance with the plan (including frequency of monitoring report submittal); and c) education/training of construction workers about the significance of the historical resources around which they would be working.

Project Applicant

A qualified Historic Architect shall prepare a Historical Resources Protection Plan.

Prior to issuance of demolition and/or grading permits (whichever comes first).

Supervising Environmental Planner of the PCBE and the City's HPO

Review and approval of the Historical Resources Protection by the Supervising Env. Planner of PBCE and the City's HPO.

Prior to issuance of demolition and/or grading permits (whichever comes first).


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SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 e °-





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MM NOI-3.3: The Historic Architect and/or a qualified structural engineer shall make periodic site visits to monitor the condition of the existing historic fabric at the project site and provide detailed reports to the City's Historic Preservation Officer noting any concerns regarding the historic resources to remain as well as recommended corrective actions. Monitoring shall include any instruments such as crack gauges if necessary per approval of nearby property owners, or reviewing vibration monitoring required by other construction monitoring processes required under the City's permit processes.

The Historic Architect shall consult with a structural engineer if any problems with character-defining features are discovered. If. in the opinion of the Historic Architect, substantial adverse impacts related to construction activities are found during construction, the Historic Architect shall so inform the project applicant or applicant's designated representative responsible for construction activities. The project applicant shall respond accordingly to the Historic Architect's recommendations for corrective measures, including halting construction in situations where construction activities would imminently endanger historic resources. The monitoring team shall prepare site visit reports and submit the reports to the City's Historic Preservation Officer.

Project Applicant (with the Project Historic Architect/qualifi ed structural engineer)

Periodic monitoring of historic resources during construction activities and preparation of monitoring reports. Monitoring reports shall be submitted at intervals determined in the approved Historic Resources Protection Plan.

Monitoring shall occur during demolition. grading and construction, with monitoring reports submitted at intervals determined in the approved Historic Resources Protection Plan

Supervising Environmental Planner of the PCBE and the City's HPO

Review and retain the monitoring reports

Monitoring reports submitted at intervals determined in the approved Historic Resources Protection Plan

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SAN IPSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 e -





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MM NOI-3.4: If damage does occur to the Sarah L. Winchester House or the Century 21 Theater, the Historic Architect shall document (e.g., with photographs and other appropriate means) the level of success in meeting the Secretary of the Interior's Standards for the Treatment of Historic Properties as noted above for the character-defining features, and in preserving the character-defining features of nearby historic properties.

The project applicant shall ensure that if repairs occur, in the event of damage to nearby historic resource during construction, repair work shall comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties and shall restore the character defining features in a manner that does not affect their historic status.

Project Applicant (with the Project Historic Architect/qualifi ed structural engineer)

Applicant shall apply for necessary permits for repair work (including development permits. Historic Preservation Permits, and building permits, as applicable). Plans for repair work shall be prepared in consultation with the Project Historic Architect

Immediately after the discovery of damage to a historic resource

Supervising Environmental Planner of the PCBE. the City Building Official, and the City's HPO.

Review and approve plans for required repairs

Prior to the issuance of necessary permits for repair work (including development permits. Historic Preservation Permits, and building permits, as applicable).

MM NOI-3.5: The project applicant shall designate a specific person Project The name and Prior to Supervising Review and Prior to

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SAN JOSE CAPITAL OF SILICON VALLEY

Department of Planning, Building and Code "Enforcement HARRY FREITAS, DIRECTOR

Project: SantanaWest File No. PDC14-068





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responsible for registering and investigating claims of excessive vibration. The contact information shall be clearly posted on the construction site so as to be seen from either Winchester Boulevard or Olin Avenue.

Applicant contact information of the designated person or persons shall be posted on a sign on the frontage of the construction site. The sign shall be 4' x 6' in size. Documentation the sign is installed shall be submitted to the City's Supervising Environmental Planner of PCBE and HPO. If the designated person changes, the sign must be updated.

issuance of any demolition and grading permits

Environmental Planner of the PCBE). the City Building Official, and the City's HPO.

approve documentation that the sign has been installed on site.

issuance of any demolition and grading permits

BIOLOGICAL RESOURCES

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Department of Planning, Building and Code Enforcement HARRY FREITAS, DIRECTOR

Project: Santana West File No. PDC14-068





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Impact BIO-1: Construction activities associated with the proposed project could result in an impact to nesting migratory birds due to the loss of fertile eggs 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.

Project Applicant

Avoidance of construction activities during nesting seasons.

Prior to the issuance of any demolition, tree removal, grading, or building permit

Supervising Environmental Planner of PBCE

No action needed unless construction delayed until breeding season.

Prior to the issuance of any demolition, tree removal, grading, or building permit

MM BIO-1.2: If it is not possible to schedule demolition and construction activities outside of the breeding season (September 1 to January 31). then pre-construction surveys for nesting birds following the California Department of Fish and Wildlife (CDFW) bird survey protocols 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 1 through April 30) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1 through August 31). During this survey, the ornithologist shall inspect all trees and other possible nesting habitats within 250 feet of the construction areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist, in consultation with 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

Pre-construction surveys shall be conducted by a qualified ornithologist and construction-free buffer zones shall be designated around discovered nest. A report documenting the results of the survey shall be prepared.

Prior to the issuance of. any demolition, tree removal, grading, or building permit


Review and approve the pre-construction survey reports

Prior to tine issuance of any demolition, tree removal, grading, or building permit

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during project construction.

Impact BIO-2: Construction activities within the dripline area of preserved or adjacent trees could result in a significant impact to health and preservation of the trees.

MM BIO-2.1: The project applicant shall include the location and Project All plans Prior to the Supervising Review and Prior to the . tag numbers of all trees on the final site plans. A certified Arborist Applicant (in submitted for approval of Environmental approve site approval of will review all future project submittals including grading, utility. consultation with grading, utility. development Planner of plans for development drainage, irrigation, and landscape plans prior to the City's issuance a certified drainage. permits that PBCE conformance. permits that of any grading permit. Arborist) irrigation, and require require

landscaping plans landscape landscape (submitted with plans. plans, grading Planned grading permits, and Development permits, and other permits Permits) shall other permits that require include the that require work around location and tag work around preserved numbers of all preserved trees. trees and show the trees. establish a Tree Protection Zones (TPZ).

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CITY OF








MM BIO-2.2: Prior to issuance of demolition and grading permits, a Project Submit an Prior to the Supervising Review and Prior to the Tree Protection Zone (TPZ) shall be established around any trees to Applicant (in Arborist's report issuance of Environmental approve the issuance of be preserved. The TPZ shall be defined as the dripline. consultation with detailing the any Planner of Arborist" s any

a certified location of the demolition or PBCE report demolition or Arborist) TPZs on the site. grading detailing the grading

All site TPZs shall permits location of permits be shown on all (whichever the TPZs and (whichever approved site comes first) review plans comes first) plans. to ensure

TPZs are shown on plans.

MM BIO-2.3: Underground services such as water or sewer lines Project If underground Arborist's Supervising Review and Prior to the shall be routed around the TPZ. Where encroachment cannot be Applicant (in services encroach report with Environmental approve the issuance of avoided, special construction techniques such as hand digging or consultation with into the TPZ, recommenda Planner of Arborist" s any permits tunneling under roots shall be implemented where necessary to a certified submit an tions must be PBCE report, ensure for minimize root injury. Arborist) Arborist's report submitted measures are underground

with prior to the printed on utilities if recommended issuance of approved utilities measures to any permits plans. encroach into minimize root for the TPZ. injury. Such underground measures shall be utilities if printed on utilities approved plans. encroach into

1 the TPZ.

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CITY OF

SAN JOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON- VALLEY HARRY FREITAS, DIRECTOR Flle N°* PDC14_068





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Actions/ Reports


MM BIO-2.4: If herbicides are used during construction on preserved trees, herbicides safe for use around trees and labeled for that use shall be applied. Irrigation systems shall be designed so that no trenching shall occur within the TPZ.

Project Applicant (in consultation with a certified Arborist)

Submitted landscape plans shall note limits on trenching and herbicide use

Prior to issuance of Planned Development Permit


Review landscape plans to ensure limits are noted

Prior to issuance of Planned Development Permit

MM BIO-2.5: The demolition contractor shall meet with a certified Arborist before beginning work to discuss work procedures and tree protection. Trees to be preserved may require pruning to clean the crown and to provide clearance. All pruning shall be completed by an International Society of Arboriculture (ISA) Certified Arborist or Tree Worker and adhere to the latest editions of the American National Standards for Tree Work (Z133 and A300) and International Society of Arboriculture Best Management Practices, Pruning.


Plans submitted for Demolition Permit shall include the required notes on pruning. Project Construction Contractors shall meet the Arborist prior to the start of demolition activities.

Prior to issuance of any Demolition Permit. Meeting shall occur prior to the start of demolition activities.


Review plans for Demolition Permit to ensure pruning notes are included.

Prior to issuance of any Demolition Permit.

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CITY OF

SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 6





MM BIQ-2.6: Prior to construction commencement, the contractors Project Plans submitted Notes must Supervising Review plans Prior to the working in the vicinity of trees to be preserved shall be required to Applicant (in for Grading and be on plans Environmental for Grading issuance of meet with a certified Arborist at the site to review all work consultation with Building Permit prior to the Planner of and Building Grading and procedures, access routes, storage areas and tree protection measures. a certified approval must issuance of PBCE Permits to Building

Arborist) include note that Grading or ensure notes Permits contractors must Building are included. meet with the Permits. Arborist. Meeting Contractor shall must occur meet Arborist prior to the prior to the start of start of grading and construction construction activities. activities.

MM BIO-2.7: Trees to be removed shall be felled so as to fall away Project Measure shall be Prior to the Supervising Review plans Prior to the from the TPZ and avoid pulling and breaking of roots of trees to Applicant (in included on a note issuance of Environmental to ensure issuance of remain. If roots are entwined, the consultant may require first consultation with on all approved Tree Planner of notes are any Tree severing the major woody root mass before extracting the trees, or a certified Tree Removal, Removal, PBCE included Removal. grinding the stump below ground. Arborist) Demolition, Demolition, Demolition,

Grading, and Grading, and Grading, and Building Permit Building Building Plans. Permits. Permits.

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CITY OF CS.

SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR G °* " *





Implementation





Actions/ Reports


MM BIO-2.S: Trees to be preserved must be irrigated during the construction period. The irrigation schedule shall be determined by the certified Arborist. Each irrigation shall wet the soil within the TPZ to a depth of 30 inches. Each tree shall be irrigated weekly during months with no or low rainfall.


Measure and irrigation schedule shall be included on a note on all approved Demolition, Grading, and Building Permit Plans.

Prior to the issuance of Demolition. Grading, and Building Permits.


Review plans to ensure notes are included

Prior to the issuance of any Demolition. Grading, and Building Permits.

MM BIO-2.9: Any grading, construction, demolition or other work that is expected to encounter roots of trees to be preserved shall be monitored by a certified Arborist. If injury occurs to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied.


Plans submitted for Demolition. Grading, and Building Permits that involve work in the TPZ must include the req'd. notes. If damage occurs. Arborist must submit a report to the City's Supervising Environmental Planner of PBCE with recommended treatments.

Prior to tire issuance of Demolition. Grading, and Building Permits.


Review plans to ensure notes are included. If damage, review and approve recommended treatments.

Prior to the issuance of any Demolition, Grading, and Building Permits.

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SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 e 1 °-





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MM BIO-2.10: A chain link fence shall be installed at the edge of the TPZ. No entry shall be permitted into a TPZ without permission of the project superintendent. Fences are to remain until all site work has been completed. Fences may not be relocated or removed without permission of the project construction superintendent. Construction trailers, traffic and storage areas must remain outside fenced areas at all times. No materials, equipment, soil, waste or wash-out water may be deposited, stored, or parked within the TPZ.


Measures shall be included on a note on all approved Demolition. Grading, and Building Permit Plans.

Prior to the issuance of Demolition, Grading, and Building Permits.



Prior to the issuance of any Demolition. Grading, and Building Permits.

MM BIO-2.11: Any additional tree pruning needed for clearance during construction must be completed by a certified arborist and not by construction personnel. Any roots damaged during grading or construction shall be exposed to sound tissue and cut cleanly with a saw.


Measures shall be included on a note on all approved Demolition, Grading, and Building Permit Plans.

Prior to tire issuance of Demolition. Grading, and Building Permits.



Prior to the issuance of any Demolition, Grading, and Building Permits.

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HAZARDS AND HAZARDOUS MATERIALS Impact HAZ-1: Implementation of the proposed project could release pesticide chemicals from on-site soils into the environment, and expose construction workers to residual agricultural soil contamination.

MM HAZ-1.1: After demolition but prior to the issuance of grading permits, shallow soil samples shall be taken in the native soil layers within the surface lots to determine if contaminated soil from previous agricultural operations is located on-site with concentrations above established construction/trench worker thresholds. The soil sampling plan must be reviewed and approved by the Director of Planning. Building and Code Enforcement prior to initiation of work.

Project Applicant

Submit Soil Sampling Plan to the City prior to start of sampling. Submit results of sampling prior to issuance of Grading Permit.

After demolition but prior to the issuance of any Grading Permits.


Review and approve Soil Sampling Plan prior to start of sampling. Ensure report with results is submitted prior to issuance of Grading Permit.

Prior to the issuance of any Grading Permit.

MM HAZ-1.2: Once the soil sampling analysis is complete, a report of the findings shall be provided to the Director of Planning. Building and Code Enforcement, and other applicable City staff for review.

Project Applicant

Submit report with results of sampling prior to issuance of any Grading Permit.



Ensure report with results is submitted prior to issuance of Grading Permit.


MM HAZ-1.3: If contaminated soils are found in concentrations Project A copy of the Prior to the Supervising Confirm Prior to the

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SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 G °*





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above established thresholds, a Site Management Plan (SMP) shall be prepared and implemented (as outlined below) and any contaminated soils found in concentrations above established thresholds shall be removed and disposed of according to California Hazardous Waste Regulations. The contaminated soil removed from the site shall be hauled off-site and disposed of at a licensed hazardous materials disposal site.

An SMP shall be prepared to establish management practices for handling impacted groundwater and/or soil material that may be encountered during site development and soil disturbing activities. Components of the SMP shall include: a detailed discussion of the site background; preparation of a Health and Safety Plan by an industrial hygienist; notification procedures if previously undiscovered significantly impacted soil or free fuel product is encountered during construction; on-site soil reuse guidelines based on the California Regional Water Quality Control Board (RWQCB). San Francisco Bay Region's reuse policy; sampling and laboratory analyses of excess soil requiring disposal at an appropriate off-site waste disposal facility; soil stockpiling protocols; and protocols to manage ground-water that may be encountered during trenching and/or subsurface excavation activities. Prior to issuance of grading permits, a copy of the SMP must be approved by the Santa Clara County Department of Environmental Health (SCCDEH), Director of Planning, Building and Code Enforcement, and other applicable City staff (Environmental Service Department's Environmental Compliance Officer).

Applicant SCCDEH approved SMP shall be submitted to the Supervising Environmental Planner of PBCE and the Environmental Service Department's Environmental Compliance Officer.

issuance of any Grading Permit.

Environmental Planner of PBCE

Environmental Service Department's (ESD) Environmental Compliance Officer

receipt of a SCCDEH approved SMP and confirm approval by the ESD Env. Compliance Officer

issuance of any Grading Permit.

CULTURAL RESOURCES

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SAN JOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 e 1 °-




Implementation Or Mitigation Schedule

Action

Impact CUL-1: Demolition of the Flames Coffee Shop (former Bob's Big Boy), a California Register of Historic Resources (CRHR) and City Landmark eligible structure, would be a significant impact.

MM CUL-1.1: The following measures shall be implemented prior Project Demolition and Documentati Supervising Demolition Demolition to issuance of a demolition (or relocation) permit for the Flames Applicant (in relocation: on: Prior to Environmental and and Restaurant. consultation with Submit the issuance Planner of relocation: relocation:

the Architectural documentation to of any PBCE and the Review Prior to the a) Documentation: The structure shall be documented in accordance Historian) the Supervising Demolition City's HPO documenta issuance of with the guidelines established for the Historic American Building Environmental Permit or tion for Demolition Survey (HABS) and shall consist of the following components: Planner of PBCE any permit adequacy Permit or any 1. Drawings - Prepare sketch floor plans. and the City's for the prior to permit for the 2. Photographs - Digital photographic documentation of the interior. Historic relocation of issuance of relocation of exterior, and setting of the buildings in compliance with the National Preservation the Demolition the structure. Register Photo Policy Fact Sheet. Photos must have a permanency Officer (HPO) structure. Permit or rating of approximately 75 years. prior to issuance permit for If to be 3. Written Data - HABS written documentation in short form. of any permits for Existing relocation. relocated: This documentation shall be prepared by a professional who meets the demolition or Conditions Existing Secretary of Interior's Professional Qualifications Standards. The relocation. Report and If to be Conditions report shall be deposited with History San Jose and a copy provided Structural relocated: and Structural to the City's Planning Division as well as filed with the Northwest If to be Engineers Review Engineers Information Center, Sonoma State University. relocated: Report: Existing Reports, prior

Submit the Prior to Conditions to permit for b) Relocation by a Third Party: The structure shall be advertised for location of the permit for Report and relocation. relocation by a third party. The project applicant shall be required to receive site, and relocation. Structural Architectural advertise the availability of the structure for a period of no less than include a report Engineers Historian's 30 days. The advertisements must include a newspaper of general from an Report for report, after

circulation, a website, and notice on the project site and must be Architectural Salvage adequacy relocation and

reviewed by the City's Historic Preservation Officer or Historian offer: Prior prior to prior to

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#% CITY OF

SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 6 °*





Implementation





Actions/ Reports


Environmental Review Supervising Planner prior to circulation. The applicant must provide evidence to City staff that this condition has been met prior to the issuance of demolition permits.

If a third party does agree to relocate the structure the following measures must be followed: 1. The City's Director of Planning. Building and Code Enforcement, based on consultation with the City's Historic Preservation Officer (HPO). must determine that the receiver site is suitable for the building. 2. Prior to relocation, a historic preservation architect and a structural engineer shall undertake an existing condition study. The purpose of the study shall be to establish the baseline condition of the building prior to relocation. The documentation shall take the form of written descriptions and visual illustrations, including those character-defining physical features of the resource that convey its historic significance and must be protected and preserved. The documentation shall be reviewed and approved by the City of San Jose prior to the structure being moved. Documentation already completed will be used to the extent possible to avoid repetition in work.

3. To protect the building during relocation, the third party shall engage a building mover who has experience moving similar historic structures. A structural engineer shall also be engaged to determine if the building needs to be reinforced/stabilized before the move. 4. The project applicant shall offer financial assistance for the relocation that is equal to a reasonable cost of demolition of the

| structure.

confirming suitability of the site. If deemed suitable, submit existing conditions study prior to relocation and a report documenting any repairs or rehabilitation after relocation to the Supervising Environmental Planner of PBCE and the City's HPO.

If to be demolished: Submit evidence of offer for salvage to the Supervising Environmental Planner of PBCE and the City's HPO.

to issuance of permits for demolition.

issuance of permit for relocation. Review Architectural Historian's report on repair and restoration after relocation but prior to issuance of Occupancy Permit.

If to be demolished: Confirm salvage offer made.

issuance of Occupancy Permit.

If to be demolished: Prior to issuance of Demolition Permit.

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CITY OF

SAN JOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 6 °*





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5. Once moved, the building shall be repaired and restored, as needed, in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. In particular, the character-defining features shall be restored in a manner that preserves the integrity of the features for the long term preservation of these features.

Upon completion of the repairs, a qualified architectural historian shall document and confirm that renovations of the structure were completed in conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties and that all character-defining features were preserved and submit a memo report to the City.

c. Salvage: If no third party relocates the structure, the structure shall be made available for salvage to salvage companies facilitating the reuse of historic building materials. The time frame available for salvage shall be established by the City. The project applicant must provide evidence to City staff that this condition has been met prior to the issuance of demolition permits.

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CITY OF

SANJOSE Department of Planning, Building and Code Enforcement CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR 1 e °-





Implementation





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Impact CUL-2: The removal of the exterior of the Century 21 Theater and reuse as an open space pavilion would result in a significant impact. Removal of the exterior material does not meet the Secretary of Interior's Standards for rehabilitation.

MM CUL-2.1: The following measures shall be implemented prior to issuance of a building permit for removal of any building materials on the Century 21 Theater.

a) Documentation: The structure shall be documented in accordance with the guidelines established for the Historic American Building Survey (HABS) and shall consist of the following components: 1. Drawings - Prepare sketch floor plans. 2. Photographs - Digital photographic documentation of the interior, exterior, and setting of the buildings in compliance with the National Register Photo Policy Fact Sheet. Photos must have a permanency rating of approximately 75 years. 3. Written Data - HABS written documentation in short form.

This documentation shall be prepared by a professional who meets the Secretary of Interior's Professional Qualifications Standards. The report shall be deposited with History San Jos6 and a copy provided to the City's Planning Division as well as filed with the Northwest Information Center, Sonoma State University.

b) Salvage: The portions of the structure that will not be retained shall be made available for salvage to salvage companies facilitating the reuse of historic building materials. The time frame available for salvage shall be established by the City. The applicant must provide evidence to City staff that this condition has been met prior to the

Project Applicant (in consultation with the Architectural Historian)

Submit documentation to the Supervising Environmental Planner of PBCE and the City's HPO prior to issuance of permits for demolition.

Submit evidence of offer for salvage to the Supervising Environmental Planner of PBCE and the City's HPO.

Prior to the issuance of any Demolition Permit

Supervising Environmental Planner of PBCE and the City's HPO

Review documentatio n for adequacy and confirm salvage offer made prior to issuance of any Demolition Permit.

Prior to issuance of any Demolition Permit.

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#% CITY OF iSr CS&

SAN JOSE Department of Planning, Building and Code Enforcement 5 " S a n t a n a W e s t CAPITAL OF SILICON VALLEY HARRY FREITAS, DIRECTOR °





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issuance of a building permit that would allow the removal of materials from the Century 21 Theater building.

MM CUL-2.2: The project applicant shall include a permanent exhibit or artwork to memorialize the role of the Century 21 Theater and the Flames Restaurant in local mid-twentieth century culture. Prior to issuance of any Historic Preservation Permit or Planned Development Permit that will result in a substantial alteration or demolition of the Century 21 Theater building or Flames Coffee Shop, the size and scope of this permanent exhibit shall be developed with input from the Historic Landmarks Commission (HLC). Preservation Action Council San Jose (PAC SJ) and the public to the satisfaction of the Director of Planning, Building and Code Enforcement. If incorporated into a new building, a facade easement including permanent exhibit space shall be dedicated to ensure the preservation and management/maintenance of this exhibit in perpetuity. The project applicant and City shall consider all feasible means of preserving this legacy, including digital media, curation and exhibition of artifacts at appropriate off-site repositories such as History San Jose.

Project Applicant (in consultation with the Architectural Historian)

Submit plans for the exhibit to the Supervising Environmental Planner of PBCE and the City's F1PO with plans submitted for applicable Historic Preservation Permit and Planned Development Permit.

Prior to the issuance of an applicable Historic Preservation Permit and Planned Development Permit

Supervising Environmental Planner of PBCE and the City's HPO

l

Plans for the exhibit shall be reviewed by the Supervising Env. Planner of PBCE and the City's HPO. and shall be reviewed by the HLC at a publically noticed HLC meeting. Plans shall be provided to PAC SJ at time the HLC notices are mailed.

Prior to the issuance of an applicable Historic Preservation Permit and Planned Development Permit

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c„«#% SAN JOSE CAPITAL OF SILICON VALLEY





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CUMULATIVE IMPACTS Impact TRAN(C)-1: The proposed project would provide a cumulatively considerable contribution to seven intersections: a) San Tomas Expressway/Stevens Creek Boulevard; b) San Tomas Express way/Moorpark Avenue; c) San Tomas Expressway/Williams Road; d) San Tomas Expressway/Payne Avenue; e) Winchester Boulevard/I-280 Northbound On-ramp/Tisch Way; f) Stevens Creek Boulevard/Winchester Boulevard (Protected); g) Stevens Creek Boulevard/Monroe Street (Protected)

MM-TRAN(C)-1.1: San Tomas Expressway/Stevens Creek Boulevard: The Level of Service (LOS) at the San Tomas Expressway/Stevens Creek Boulevard intersection would be improved over background conditions with the addition of a fourth through lane to both the northbound and southbound approaches. This improvement has been identified as a Tier 1 improvement in the County Expressway Planning Study. The project would pay a fair share fee for construction of this improvement as part of the San Tomas Expressway Widening Project.

Project Applicant

The project applicant shall pay a fair share fee towards this improvement to the County of Santa Clara. Proof of payment of these fees shall be submitted to the Supervising Environmental Planner of PBCE and the DPW Traffic Manager.

Prior to issuance of building permits.

Supervising Environmental Planner of PBCE and the DPW Traffic Manager.

Ensure proof of payment to Santa Clara County has been submitted.

Prior to issuance of building permits.

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Department of Planning, Building and Code Enforcement HARRY FREITAS, DIRECTOR 6 °*


CITY OF

SAN TOSE CAPITAL OF SILICON VALLEY


Project: Santana West File No. PBC14-06S





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MM-TRAN(C)-1.2: San Tomas Expressway/Moorpark Avenue: The LOS at the San Tomas Expressway/Moorpark Avenue intersection would be improved over background conditions with the addition of a fourth through lane to both the northbound and southbound approaches. This improvement has been identified as a Tier 1 improvement in the County Expressway Planning Study. The project would pay a fair share fee for construction of this improvement as part of the San Tomas Expressway Widening Project.

Project Applicant

Same as MM TRAN(C)-1.1 (above)


Same as MM TRAN(C)-1.I (above)



MM-TRAN(C)-1.3: Winchester Boulevard/I-280 northbound On-ramp/Tisch Way: A new northbound 1-280 off-ramp to Winchester Boulevard has been identified to mitigate transportation impacts to multiple intersections along Winchester Boulevard and Stevens Creek Boulevard, including the Winchester Boulevard and 1-280 NB on-ramp/Tisch Way. If the proposed 1-28O/Winchester Transportation Development Policy is approved, the project applicant would pay the associated traffic impact fees toward this improvement.

Project Applicant.

Same as MM-TRAN-1.1

Same as MM-TRAN-1.1

Same as MM-TRAN-1.1

Same as MM-TRAN-1.1

Same as MM-TRAN-1.1

MM-TRAN(C)-1.4: San Tomas Expressway/Williams Road: The LOS at the San Tomas Expressway/Williams Road intersection would be improved over background conditions with the addition of a fourth through lane to both the northbound and southbound approaches. This improvement has been identified as a Tier 1 improvement in the County Expressway Planning Study. The project would pay a fair share fee for construction of this improvement as part of the San Tomas Expressway Widening Project.

Project Applicant






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a resolution of the council of the city of san jose

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