REVISED DRAFT

INITIAL STUDY / MITIGATED NEGATIVE DECLARATION

LOS GATOS CREEK BRIDGE REPLACEMENT/

SOUTH TERMINAL PHASE III PROJECT

Prepared For:

Peninsula Corridor Joint Powers Board 1250 San Carlos Avenue San Carlos, CA, 94070-1306 Contact: Hilda Lafebre (650) 622-7842

Prepared By:

HDR Engineering, Inc. 2121 N. California Boulevard Walnut Creek, CA 94596 Contact: Cathy LaFata, AICP (510) 368-9517

DECEMBER 2013

STATE CLEARINGHOUSE NUMBER 2013082087

Introduction

On September 3, 2013, the Peninsula Corridor Joint Powers Board (JPB) released the Draft Initial Study / Mitigated Negative Declaration (IS/MND) for the Los Gatos Creek Bridge Replacement / South Terminal Phase III Project located in the City of San Jose, Santa Clara County, California. On September 17, 2013, the JPB held a public information meeting in San Jose. As a result of public interest in the project and requests for additional project information, a second public meeting was held on October 8, 2013 and the public review period was extended to October 18, 2013.

The JPB received a total of 16 official comment letters from a combination of agencies, organized groups, and individuals. The Revised Draft IS/MND has been prepared to include more project details than the initial Draft IS/MND and the responses to comments received during the September 3rd to October 18th, 2013 comment period. The responses are included as Appendix A of this Revised Draft IS/MND. The Revised Draft IS/MND is recirculated for public review according to Section 15073.5 of the CEQA Guidelines.

The Revised Draft IS/MND is based on 35 percent engineering design, and the impact analyses consider worst-case scenarios in the determination of significance for each environmental resource area. The Revised Draft IS/MND shows that, with mitigation measures identified in the document, the proposed Los Gatos Creek Bridge Replacement / South Terminal Phase III Project will not result in significant impacts to the environment. During final design, as project elements are refined, impacts will be avoided and minimized to the extent practicable.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 1 PART I ENVIRONMENTAL CHECKLIST FORM

1. Project Title: Los Gatos Creek Replacement Bridge / South Terminal Phase III Project

2. Lead Agency Name and Address: Peninsula Corridor Joint Powers Board

3. Contact Person and Phone Number: Hilda Lafebre, Manager, Capital Projects & Environmental Planning (650) 622-7842

4. Project Location City of San Jose, Santa Clara County, California

5. Project Sponsor's Name and Address: Peninsula Corridor Joint Powers Board 1250 San Carlos Ave., P.O. Box 3006 San Carlos, CA 94070-1306

6. General Plan Land Use Designation: City of San Jose: Mixed Use Commercial; Open Space, Parklands and Habitat; and Combined Industrial/Commercial

7. Zoning: City of San Jose: Light Industrial; Heavy Industrial; Combined Industrial/Commercial

8. Description of Project:

The Peninsula Corridor Joint Powers Board (JPB), which operates the San Francisco Bay Area’s Caltrain passenger rail service, proposes to replace the two-track railroad bridge that crosses Los Gatos Creek in the City of San Jose, Santa Clara County, California.

The purpose of the proposed project is to replace the structurally deficient Los Gatos Creek railroad bridge (owned and maintained by the JPB) and provide a tail track south of San Jose Diridon Station in order to: - Ensure safe rail travel for Caltrain passengers and other users of the Los Gatos Creek railroad bridge; - Improve operations at the San Jose Diridon Station and provide an efficient way for trains to change directions; and, - Minimize system-wide delays by providing a temporary, emergency layover area.

Without the proposed project, the replacement of the Los Gatos Creek railroad bridge would not be completed and the bridge would present an increasing safety hazard to all users. In addition, operations at nearby San Jose Diridon Station would not be improved and system-wide delays would be likely to occur.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 2 The existing bridge consists of a north abutment, three piers in the Los Gatos Creek area, and a series of timber bent segments on the south end; the new bridge would have a north abutment, two piers within the creek area, and a south abutment. The two tracks that currently utilize this bridge are Main Track 1 (MT1) located on the east side of the bridge, which is owned by Union Pacific Railroad (UPRR) and used primarily for freight service, and Main Track 2 (MT2) located on the west side of the bridge, which is owned by the JPB and used primarily for passenger service.

Project construction will take place in a series of stages to maintain existing rail services across the bridge. This will involve the construction of a third track to ensure that two tracks are always available to maintain existing rail service. Following construction of the two new tracks, the third track will be retained as a tail track to provide for improved operations at the San Jose Diridon Station just to the north of the project area. The ultimate alignment of the MT1 and the MT2 over the new bridge would be unaltered from their current configuration. The new bridge would be wider than the original with the expansion occurring on the west side to accommodate the new tail track.

A Project Location

As shown in Figure 1, the Los Gatos Creek Bridge Replacement / South Terminal Phase III project area, generally bounded by Caltrain’s San Jose Diridon Station to the north, Interstate 280 (I-280) to the south, Sunol Street to the west, and Royal Avenue on the east, occupies the width of the right-of-way (ROW) owned by JPB and extends a distance of approximately 0.4 mile.

Two tracks, MT1 and MT2, run parallel through the entire project area. Both tracks connect with San Jose Diridon Station Tracks 1 through 9 immediately south of the Park Avenue Overpass. From the Park Avenue Overpass, the double-track alignment continues southward for approximately 800 feet before passing beneath the West San Carlos Avenue vehicular bridge. Immediately south of the West San Carlos Avenue vehicular bridge, the two tracks turn in a southeasterly direction and extend approximately 200 feet across the Los Gatos Creek railroad bridge. Both tracks continue southeast for approximately 500 feet before crossing Auzerais Avenue at grade. South of Auzerais Avenue, the double-track alignment continues for approximately 400 feet before reaching the project area's southern boundary immediately north of the I-280 overpass. Beyond I-280, the alignment continues south to Caltrain’s Gilroy Station.

B Need for the Proposed Project

The proposed project is needed to address the structural deficiencies and safety issues of the Caltrain Los Gatos Creek railroad bridge to be consistent with the standards of safety and reliability required for public transit, to ensure that the bridge will continue to safely carry commuter rail service well into the future. The project proposes to construct a third track to preserve rail service during the construction period. Following completion of construction, the third track would be retained to improve operations at nearby San Jose Diridon Station and along the Caltrain rail line.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 3 Figure 1 Project Location Map

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 4 Existing Safety Concerns

The existing Los Gatos Creek Bridge measures 174 feet in length and 35 feet in width and is approximately 100 years old. The bridge is made up of two bridge types, steel girders on concrete piers and timber trestle on wooden pile bents (piers). There are a combined nine piers and bents in the creek including the abutments.

Second-hand steel girders (now much older than 100 years) were used during the original construction of the bridge and contribute an additional risk for the structural failure of the bridge. The existing bridge was inspected in 2005 and 2012 as part of the on-going JPB Bridge Program and many elements were found to not meet current load requirements. Although the steel spans are in good condition, the southerly timber trestle approach spans have been damaged by fire and have experienced moderate section loss. The bridge was evaluated per current industry requirements for the inspected condition and was found to rate below the current and projected service loads as well as the JPB design criteria for live load capacity (Cooper E80) for new bridges. The bridge was also analyzed for seismic capacity and found to be vulnerable during significant magnitude earthquakes.

Figure 2 shows two photographs from the most recent bridge inspection in 2012. The photographs highlight the deteriorating conditions of the bridge from the charring and rotting of the south bridge cap.

Figure 2 Deteriorating Conditions of Los Gatos Creek Bridge

The bridge has reached and exceeded the 75-year useful life for which it was designed. Due to its increasing age, the compromised condition of the southerly trestle approach spans, failure of some bridge elements to meet current and projected service loads, and vulnerability in the event of a significant earthquake, the Los Gatos Creek Bridge needs to be replaced with a new structure.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 5 Need for a Tail Track

Caltrain currently operates 46 northbound and 46 southbound trains per weekday (for a total of 92 trains per day). Forty of these trains originate and terminate at Tamien Station, located approximately 1.3 miles south of the Los Gatos Creek Bridge. Most Caltrain service to Tamien Station and further south utilizes only one of the two tracks through the project area, MT2.

The San Jose Diridon Station has recently completed an expansion program that included four new platform faces with extended platform lengths. The expansion allows for more trains to serve the San Jose Diridon Station and more passengers to access the Caltrain trains.

In addition to Caltrain, Altamont Corridor Express (ACE), Capitol Corridor, and Amtrak also serve Diridon Station. ACE currently operates three weekday trains to San Jose during the morning peak period and three weekday trains departing San Jose in the evening peak period. Capitol Corridor operates seven weekday trains originating and departing from San Jose Diridon Station (for a total of 14 trains per day). Amtrak Long Distance currently operates the Coast Starlight which serves San Jose Diridon Station with two trains per day (one northbound and one southbound). While ACE and Capitol Corridor trains terminate passenger service at Diridon Station, one Capitol Corridor train and three ACE trains use Tamien Station and the Tamien yard for layovers. These trains utilize MT1 through the project area from San Jose Diridon Station to Tamien Station. Since MT1 is owned by UPRR, freight service has priority use for the track.

Currently, the two tracks are sufficient to provide service through this rail corridor. However, several trains a day pass through the project area just to access the layover area at Tamien Station. There is no siding along this stretch of the Caltrain corridor; therefore non-revenue, non-passenger trains are traveling the full length between Diridon and Tamien Stations just to turn around. Moreover, other trains that terminate at San Jose Diridon Station have limited rail yard space to efficiently maneuver and change directions. A tail track extending south from San Jose Diridon Station would improve operations at San Jose Diridon Station and accommodate the trains otherwise laying over and changing direction at Tamien Station.

In addition, if there is a delay in one of the rail services, or if a train breaks down, the lack of any siding along this alignment creates a delay along the entire route. The tail track in the project area would also be able to serve as a temporary, emergency layover area for passenger trains. Passenger trains that use the tail track will not stop or change directions across Auzerais Avenue.

The South Terminal program of improvements includes multiple phases, each of which has independent utility from the other and from the JPB’s plans to electrify the corridor. Phase I of the South Terminal improvement program was completed in 2012 and involved the addition of two new platforms and four new tracks at San Jose Diridon Station, as noted above. The JPB has completed operational analyses that indicate the need for track improvements north and south of San Jose Diridon Station. South Terminal Phase II would add a fourth main track of approximately 2,100 feet in length from Caltrain’s Centralized Equipment Maintenance and

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 6 Operations Facility (CEMOF) (MP 46.9) to the north end of San Jose Diridon Station (MP 47.3), just north of West Santa Clara Street. The Phase II project is integral to ensuring all passenger trains can efficiently maneuver between the tracks at San Jose Diridon Station and the main tracks north of the station, while following the required operating profile, as well as providing capacity for Caltrain non-revenue equipment moves between CEMOF and San Jose Diridon Station. No timeline for the CEQA evaluation of Phase II is currently available.

The South Terminal Phase III project being evaluated in this IS/MND would improve the reliability of the Diridon-Tamien Station segment, and would allow greater flexibility at San Jose Diridon Station by enabling out-and-back movements of empty trains switching tracks without competing with revenue trains at CP Alameda (north of the station) or south of the station. These benefits are distinct from the operational benefits provided by the Phase II project. In addition, completion of the Phase III project would not cause or require the Phase II project to be built in the future. The Phase II project need described above is independent of Phase III. The two projects have logical termini and do not impact the same area. Therefore, it is appropriate for South Terminal Phase II and III to be addressed in separate CEQA documents.

C Project Elements

The proposed project consists of replacing the existing Los Gatos Creek Bridge while maintaining rail services across the bridge. The new bridge will consist of a two-track alignment over Los Gatos Creek with the addition of a tail track extending south from San Jose Diridon Station. The addition of the tail track, which comprises Phase III of the South Terminal Project, is incorporated into the Los Gatos Creek Bridge Replacement project because the two projects are co-located along the same extent of track. Since the railroad bridge over Los Gatos Creek will be replaced with a new structure, and construction will require a fully functional shoofly track (i.e., temporary track) and bridge in order to maintain operations during construction, building both projects together has been determined by the JPB to be considered more cost-effective and to have less impact to the sensitive environment in the project area.

Figure 3 illustrates the elements of the proposed project. The existing bridge consists of a north abutment, three piers in the creek area, and a series of timber bent segments on the south end; the new bridge would have a north abutment, two piers within the creek area, and a south abutment. The two tracks that currently utilize this bridge are MT1 (owned by UPRR and on the east side of the bridge) and MT2 (owned by the JPB).

The new bridge will be wider than the existing bridge, with the expansion occurring on the west side to accommodate the tail track to improve operations at the San Jose Diridon Station just to the north of the project area. The tail track and several shoofly tracks will be used to route trains around the area under construction in order to maintain active rail service across the bridge at all times. The ultimate alignments of MT1 and MT2 over the new bridge will be generally unaltered from their current configuration.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 7 Figure 3. Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Site Plan

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 8 The northern limit of the tail track begins approximately 300 feet north of West San Carlos Street, and the southern limit of the tail track is located 300 feet south of Auzerais Avenue, where it ties back into MT2 before the alignment crosses over I-280. Due to spacing requirements between adjacent tracks, minor right-of-way acquisitions from two parcels on the west side of the tracks will be required.

In order to construct the new piers and bridge superstructure, Los Gatos Creek will require temporary realignment via a diversion channel or pipe twice during construction to allow creek flow at all times during construction. During the in-creek work windows, discussed more fully in Sections D and IV, diversion channels will redirect potential flow away from construction areas. During the out-of-creek work windows, when no construction will take place in the water, the creek channel will be returned to its natural state. In addition, rock slope and scour protection materials (riprap) will be installed on the north bank of the creek.

There is an existing storm sewer that runs east/west under the creek and immediately adjacent to the existing bridge’s north abutment. In order to construct the approach slab for MT1, it is necessary to replace the existing storm sewer with a new storm sewer that will be located slightly to the north of the existing sewer line. The new storm sewer will be directionally bored under the creek from dry ground outside of creek footprint, in order to minimize impacts to the creek. Directional boring requires the construction of two temporary pits: a delivery, and a receiving pit, both approximately six feet wide by approximately 10 feet long. Since the exact location of these pits is not known at the current 35 percent level of design, a larger impact area (rectangular extension of project limits just south of West San Carlos Street) is shown in Figure 3 to account for the various possible locations of the pit. The sewer will be advanced using horizontal directional drilling. The fluid will be recycled in the delivery pit and reused. The soils under the creek are clayey and are highly resistant to failure of the drilling fluid (a.k.a. frac out). In the unlikely event that there is a pressure loss in the fluid, construction will halt immediately and the contractor shall initiate mitigation procedures in order to minimize impacts to the creek.

Proposed staging and laydown areas have been identified on the east side of the existing bridge. A portion of the staging area lies on private property and temporary construction easements will be needed for this area.

D Construction Staging

Replacement of the Los Gatos Creek railroad bridge is estimated to last approximately 24 months starting in 2015. Work within the creek will be limited to the time between June 15th and October 15th in order to accommodate sensitive environmental resources (see Section IV). As a result of the environmentally constrained window for work within the creek, the in-creek construction elements will be completed in two consecutive summer seasons. The construction stages and major work elements are outlined in Table 1 and illustrated in Figures 4A through 4F.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 9 Construction trucks entering and leaving the project site will follow different routes depending on the staging area they need to reach and the most direct access to/from the closest freeway (I- 280). Figure 4A identifies the proposed construction access pathways into the project site.

Table 1 Construction Stage Work Elements Construction Time period Construction Work Elements Stage for Work 1 – Initial Project Start o Relocate fence by staging area out-of-creek to June 15 o Relocate overhead and underground utilities as required construction (two to six o Construct north end of tail track up to bridge approach area months) o Install shoring and grade temporary access ramp/pathways o Construct southwest wingwall for abutment 4 2 - Season 1 June 16 to o Temporarily realign channel flow in-creek October 14 o Add tie-backs and shoring as needed construction o Grade temporary access pathways into creek area o Construct temporary creek diversion, new sanitary sewer line under the creek, and piers 2 and 3 for new tail track bridge o Install precast abutments and southwest wingwall caps and remove tie-backs o Adjust shoring and remove access ramps o Restore channel flow 3 - Winter October 15 to o Construct tail track bridge superstructure out-of-creek June 15 o Install tail track over new track bridge construction o Install new fiber optic and other electrical associated with new bridge o Cut in tail track at ends on train-free weekends and begin operations 4 - Season 2 June 16 to o Remove tie-backs under MT2 track and add tie-backs and shoring for MT1 in-creek October 14 o Grade temporary access pathways into creek area construction o Construct temporary creek diversion o Cut timber deck and remove existing MT2 section of bridge superstructure, piers, and abutments o Construct piers, abutments, and superstructure for new MT2 bridge o Construct MT1 shoofly on approaches and across MT2 bridge o Remove existing MT1 section of bridge superstructure, piers, and abutments o Construct piers and abutments for new MT1 bridge o Grade ultimate creek channel, regrade upstream channel embankment, and place riprap as necessary o Remove access pathways from creek area and regrade downstream channel embankments o Restore channel flow 5 - Finish October 15 to o Construct superstructure for new MT1 bridge out-of-creek project o Construct new MT1 track on new bridge construction completion o Remove remaining access pathway segments o Remove temporary MT1 shoofly and return service to MT1 mainline track o Remove temporary tail track connection and return service to MT2 mainline track

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 10 Figure 4A Construction Staging Plan – Initial Out-of-Creek Construction

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 11 Figure 4B Construction Staging Plan – Season 1 In-Creek Construction

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 12 Figure 4C Construction Staging Plan – Winter Out-of-Creek Construction

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 13 Figure 4D Construction Staging Plan – Season 2 In-Creek Construction Part 1

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 14 Figure 4E Construction Staging Plan – Season 2 In-Creek Construction Part 2

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 15 Figure 4F Construction Staging Plan – Finish Out-of-Creek Construction

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 16 E Project Coordination

The Los Gatos Creek Replacement / South Terminal Phase III project is located in the proximity of other improvement projects, including: the City of San Jose’s Los Gatos Creek Trail Extension; the Santa Clara Valley Transportation Authority (VTA) Vasona Light Rail Transit Extension; Santa Clara Valley Water District flood control and water operation plans; California High Speed Rail; and City of San Jose’s West San Carlos Street overpass replacement. The JPB is coordinating with these project sponsors and will continue its outreach through final design to ensure that project elements are consistent with the goals and objectives of these related projects and do not preclude the design and implementation of these projects. One of the members of the JPB Board is the VTA; therefore, significant coordination is maintained between the agencies.

9. Surrounding Land Uses and Project Setting

The Los Gatos Creek Railroad Bridge runs over Los Gatos Creek, a water body that runs 24 miles within the Guadalupe Watershed from the Santa Cruz Mountains northward to the Guadalupe River in downtown San Jose. The reach of Los Gatos Creek in the project area is tightly constricted by urbanization on both banks. The creek and railroad tracks crossing the Los Gatos Creek Bridge pass between an Orchard Supply Hardware (OSH) retail store to its east and the former site of the Del Monte cannery, which was recently redeveloped as a residential townhome community, to its west. The Los Gatos Creek Trail runs along the townhome community’s eastern perimeter and is adjacent to the project.

Other land uses in the project area include transportation uses (the San Jose Diridon Station and Caltrain rail yards) and industrial businesses to the north, light industrial and commercial land uses to the east and south, and light industrial businesses and an older residential community to the southeast.

10. Other Public Agencies Whose Approval Is Required

 U.S. Army Corps of Engineers  U.S. Fish and Wildlife Service  National Marine Fisheries Service  San Francisco Regional Water Quality Control Board  California Department of Fish and Wildlife  Santa Clara Valley Water District  California Public Utilities Commission

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 17

This page left blank intentionally.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 18 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:

The environmental factors checked below would be potentially affected by this project (i.e., the project would result in at least one potentially significant impact to the resource). Please see the checklist on the following pages for additional information.

Aesthetics Agriculture and Forestry Air Quality

Biological Resources Cultural Resources Geology/Soils

Greenhouse Gas Emissions Hazards and Hazardous Hydrology/Water Quality Materials

Land Use/Planning Mineral Resources Noise

Population/Housing Public Services Recreation

Transportation/Traffic Utilities/Service Systems Mandatory Findings of Significance

DETERMINATION:

On the basis of this initial evaluation:

I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.

I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.

I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.

I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 19

______

Signature Date

______

Printed Name Date

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 20 PART II EVALUATION OF ENVIRONMENTAL IMPACTS

This Initial Study/Mitigated Negative Declaration (IS/MND) uses the environmental checklist form presented in Appendix G of the CEQA Guidelines. The following terminology is used to evaluate the level of significance of impacts that would result from the proposed project:

 A finding of no impact is made when the analysis concludes that the project would not affect the particular environmental issue.

 An impact is considered less than significant if the analysis concludes that there would be no substantial adverse change in the environment and that no mitigation is needed.

 An impact is considered less than significant with mitigation if the analysis concludes that there would be no substantial adverse change in the environment with the inclusion of the mitigation measure(s) described.

 An impact is considered significant or potentially significant if the analysis concludes that there could be a substantial adverse effect on the environment.

 Mitigation refers to specific measures or activities adopted to avoid an impact, reduce its severity, or compensate for it.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 21 I. AESTHETICS: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?

CEQA establishes that it is the policy of the state to take all action necessary to provide the people of the state “with…enjoyment of aesthetic, natural, scenic and historic environmental qualities.” (CA Public Resources Code Section 21001[b]).

The following goal from the City of San Jose General Plan (Envision San Jose 2040) is most closely related to the proposed project: Goal CD-9: Preserve and enhance the visual access to scenic resources of San José and its environs through a system of scenic routes.

Environmental Setting

The project area, an urban environment proximate to and southwest of downtown San Jose, is primarily occupied by transportation uses (rail, roadway and pedestrian/bicycle trail) and a portion of the Los Gatos Creek. The immediately surrounding area includes additional land use types: residential (multi- and single-family), industrial, commercial and government.

The project area contains the following visual character elements:  The Los Gatos Creek and adjacent riparian vegetation, which includes willow trees,  The Monte Vista townhome development west of the rail corridor and proposed bridge replacement, and  Numerous transportation infrastructure components such as the railbed, the rail bridge, the West San Carlos Avenue vehicular bridge, etc.

It should be noted that none of these features are unique scenic resources. In general, the riparian vegetation is of high visual quality, but is similar to that found along other portions of the Los Gatos Creek upstream and downstream of the project area. The Monte Vista townhome development possesses coherent and aesthetically-pleasing forms and colors, and also incorporates some engaging features such as some remnant walls of a former industrial use ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 22 (Del Monte cannery). However, the townhome development is not a unique scenic resource. The transportation infrastructure elements in the project area generally exhibit a low to moderate visual quality overall; the existing visual quality has been degraded by graffiti on bridge structures and by trash and debris associated with homeless encampments along the creek. None of the built environment visual elements in the project area are classified as historic resources under CEQA (see Section V, Cultural Resources).

The Los Gatos Creek Bridge and project area are generally visible to residents of the townhomes west of the bridge, users of the Los Gatos Creek Trail, motorists and pedestrians on the West San Carlos Street Bridge, and Caltrain riders. In some locations along the trail, trees and other dense vegetation along the creek banks screen views of the existing bridge and the creek itself. Views available from the Los Gatos Trail, Caltrain, and the West San Carlos Street Bridge are of limited duration since the bridge, rail line and trail are used for transportation purposes. Therefore, viewers in transit would be relatively less sensitive to changes in the visual environment. The Monte Vista townhome residents would be considered more sensitive because of the availability of prolonged views of the riparian corridor and the Los Gatos Creek Bridge.

Impact Discussion a. Have a substantial adverse effect on a scenic vista?

The proposed project area is at the existing bridge location of the Union Pacific and Caltrain Rail lines over the Los Gatos Creek in central San Jose. The project area is currently surrounded by light industrial uses, residential townhomes, a bike and pedestrian trail, and combined commercial and industrial facilities. The proposed project will not occur in the vicinity of any scenic highways, corridors, or vistas. Therefore, there is no impact. b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?

The proposed project will not occur in the vicinity of any scenic resources or involve a scenic highway, nor are any historic buildings within the project area. Therefore, there is no impact. c. Substantially degrade the existing visual character or quality of the site and its surroundings?

The Los Gatos Creek Bridge is visible to residents of the townhomes west of the bridge, users of the Los Gatos Creek Trail, and motorists along the West San Carlos Street Bridge over the railroad tracks. In some locations along the trail, trees and other dense vegetation along the banks of the Los Gatos Creek screen views of the existing bridge and the creek itself. Figure I- 1 shows a photograph of the existing view of the project site from the Los Gatos Creek Trail west of the bridge.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 23 Figure I-1 Existing View of Project Site from Los Gatos Creek Trail

Potential Long-Term Impacts

The proposed project consists of replacing an existing railroad bridge with a new, wider bridge. A minor change in long-term visual character can be expected due to the additional track and wider bridge in a location already containing bridge and track infrastructure. The project will remove existing degrading elements, including trash, debris, and graffiti. Within a limited area, riparian vegetation will be removed to facilitate construction access. This small (0.063) permanent decrease in vegetation will not degrade the overall visual integrity of the riparian corridor, which will remain in its current condition upstream and downstream of the project area.

As required by Mitigation Measures BIO-04 and BIO-10, riparian trees will be replanted. Native riparian vegetation would be re-established within ten years. On-site mitigation for riparian habitat impacts, as discussed in Section IV, includes shaded riverine aquatic habitat improvements and removal of invasive exotic plants to restore the riparian corridor. The on- site mitigation plan also includes the installation of fencing to discourage transients from using or establishing a camp along Los Gatos Creek.

While the change in the visual character due to the wider bridge and permanent vegetation impact will be noticeable to viewers in the short term (especially to adjacent townhome residents), it would not substantially degrade visual character or quality. In the long term, the existing positive visual characteristics of the site (i.e., riparian vegetation) will be enhanced by the proposed project through the removal of invasive exotic species and the addition of native inhabitants. Therefore, long-term visual impacts are less than significant.

Potential Temporary Impacts

Temporary impacts to visual character and quality will occur during construction of the proposed project, due to vegetation removal and views of construction equipment and temporary noise

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 24 barriers. Tree removal within the riparian habitat along Los Gatos Creek will be necessary to accommodate temporary access pathways and construction activities. In the short term, prior to full growth of native vegetation, more expansive views of the bridge and transportation infrastructure will be available from surrounding areas. However these views of the wider bridge will not be inconsistent with the existing visual character of the area, which includes numerous transportation elements such at the VTA light rail line, the West San Carlos Street overpass, and I-280.

The visibility of construction equipment, materials and construction noise barriers will lower the visual quality of the project area on a temporary basis. Construction equipment will include pile drivers, cranes, excavators, and haul trucks. Temporary noise barriers have not been designed in detail at this stage in the project, but for impact assessment purposes are anticipated to be located just east of the Los Gatos Creek Trail, along the top of the creek bank west of the bridge in order to shield the townhomes closest to the construction site. Figure I-2 shows examples of typical temporary noise barrier systems. For pile drivers, equipment-specific shrouds or curtains will be used, an example of which is shown in Figure I-3. Evaluation of temporary noise barrier aesthetics and actions to address maintenance issues (such as a plan for periodic graffiti removal) is a required component of the project construction noise mitigation plan that will be prepared in final design (see mitigation measure NOI-05). Once construction is complete, construction equipment and noise barriers will be removed. Overall, while very noticeable to viewers, visual character and quality will not be “substantially degraded” because of the temporary nature of noise walls. Therefore, impacts are less than significant.

Figure I-2 Examples of Temporary Construction Noise Barrier Systems

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 25 Figure I-3 Examples of Equipment-Specific Noise Shrouds

d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?

The project will not include any new permanent sources of light or glare. Night construction that would entail the use of lights will be limited to a minimal amount of track work that cannot be completed during active rail service. Therefore, this impact is less than significant.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 26 II. AGRICULTURE AND FOREST RESOURCES:

In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and the forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?

CEQA requires the review of projects that would convert Williamson Act contract land to non- agricultural uses. The main purposes of the Williamson Act are to preserve agricultural land and to encourage open space preservation and efficient urban growth. The Williamson Act provides incentives to landowners through reduced property taxes to deter the early conversion of agricultural and open space lands to other uses.

The California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP) provides data for use in planning for the present and future of California’s agricultural

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 27 land resources. Agricultural land is rated according to soil quality and irrigation status, and assigned a farmland designation based on the following definitions:

 Prime Farmland: Farmland with the best combination of physical and chemical features able to sustain long-term agricultural production. This land has the soil quality, growing season, and moisture supply needed to produce sustained high yields. Land must have been used for irrigated agricultural production at some time during the 4 years prior to the mapping date.

 Farmland of Statewide Importance: Farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture. Land must have been used for irrigated agricultural production at some time during the 4 years prior to the mapping date.

 Unique Farmland: Farmland of lesser quality soils used for the production of the state's leading agricultural crops. This land is usually irrigated, but may include non-irrigated orchards or vineyards as found in some climatic zones in California. Land must have been cropped at some time during the 4 years prior to the mapping date.

 Farmland Of Local Importance: Land of importance to the local agricultural economy as determined by each county's board of supervisors and a local advisory committee

 Grazing Land: Land on which the existing vegetation is suited to the grazing of livestock. The minimum mapping unit for Grazing Land is 40 acres.

Environmental Setting

The proposed project is located in the City of San Jose within an active railroad corridor, surrounded by transportation elements such at the VTA light rail line, the West San Carlos Street overpass, and I-280. According to the 2010 FMMP for Santa Clara County, the land in the vicinity of the Project falls into the following category: Urban and Built-up Land.

Impact Discussion a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?

The proposed project site, along with the adjacent land is currently categorized for non- agricultural use; consequently the project does not entail converting Prime Farmland, Unique Farmland, or Farmland of Statewide Importance into non-agricultural uses. According to the 2010 FMMP for Santa Clara County, the land in the vicinity of the Project falls into the following category: Urban and Built-up Land. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 28 b. Conflict with existing zoning for agricultural use, or a Williamson Act contract?

The proposed project will not conflict with any existing zoning for agricultural use or a Williamson Act contract. Therefore, there is no impact. c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?

The proposed project will not conflict with existing zoning for, or cause rezoning of, any forest land or timberland. Therefore, there is no impact. d. Result in the loss of forest land or conversion of forest land to non-forest use?

The proposed project will not remove or convert any forest land. Therefore, there is no impact. e. Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?

The project will not involve changes that would result in converting Farmland to non-agricultural uses. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 29 III. AIR QUALITY:

Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.

Would the project: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people?

Air quality in the project area is regulated by federal, state, regional, and local regulations and policies, as discussed below.

Federal Regulations U.S. Environmental Protection Agency and the Clean Air Act The Clean Air Act and its amendments led to the creation of National Ambient Air Quality Standards (NAAQS) by the U.S. Environmental Protection Agency (EPA) for six criteria air

pollutants: carbon monoxide (CO), sulfur dioxide (SO2), ozone (O3), particulate matter (PM),

nitrogen dioxide (NO2), and lead (Pb). Areas which have never been designated nonattainment for a pollutant by NAAQS are considered attainment areas and areas that do not meet the NAAQS are classified as nonattainment areas for that pollutant. As part of its enforcement responsibilities, the EPA requires each state with federal nonattainment areas to prepare and submit a State Implementation Plan (SIP) that demonstrates the means to attain the federal standards. Former nonattainment areas currently meeting the NAAQS are designated maintenance areas.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 30 State Regulations California Clean Air Act The California Clean Air Act (CCAA) provides the air districts, such as the Bay Area Air Quality Management District (BAAQMD), with the authority to manage transportation activities at indirect sources. Indirect sources of pollution are generated when minor sources collectively emit a substantial amount of pollution. Examples of this would be motor vehicles at an intersection, a mall, and on highways. California Air Resources Board The California Air Resources Board (CARB) oversees air quality planning and control and is primarily responsible for ensuring the implementation of CCAA and responding to the federal CAA requirements. The ARB conducts research, sets state ambient air quality standards, compiles emission inventories, develops suggested control measures, provides oversight of local programs, and prepares the SIP. The ARB also establishes emissions standards and sets fuel specifications for motor vehicles sold in California, consumer products, and various types of commercial equipment, and sets fuel specifications to reduce vehicular emissions. California Ambient Air Quality Standards The State of California began to set California ambient air quality standards (CAAQS) in 1969. In addition to federal criteria pollutants (ozone, carbon monoxide, fine suspended particulate matter, nitrogen dioxide, sulfur dioxide, and lead), there are CAAQS for sulfates,

hydrogen sulfide (H2S), vinyl chloride (C2H3Cl), and visibility-reducing particles. In some cases the CAAQS are more protective than the NAAQS. Nonattainment areas for the CAAQS are designated by the ARB.

Regional and Local Regulations and Policies Bay Area 2010 Clean Air Plan The Bay Area 2010 Clean Air Plan (CAP) provides a comprehensive plan to improve Bay Area air quality and protect public health. The CAP defines a control strategy that the BAAQMD and its partners will implement to: (1) reduce emissions and decrease ambient concentrations of harmful pollutants; (2) safeguard public health by reducing exposure to air pollutants that pose the greatest health risk, with an emphasis on protecting the communities most heavily impacted by air pollution; and, (3) reduce greenhouse gas emissions to protect the climate. City of San Jose General Plan (Envision San Jose 2040) The following goals from the City of San Jose General Plan pertain to the proposed project: Goal MS-10 – Air Pollutant Emission Reduction: Minimize air pollutant emissions from new and existing development. Goal MS-11 – Toxic Air Contaminants: Minimize exposure of people to air pollution and toxic air contaminants such as ozone, carbon monoxide, lead, and particulate matter.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 31 Goal MS-12 – Objectionable Odors: Minimize and avoid exposure of residents to objectionable odors. Goal MS-13 – Construction Air Emissions: Minimize air pollutant emissions during demolition and construction activities.

Environmental Setting

The following sections describe the attainment status of the project area, existing air quality monitoring data, and the meteorology of the Santa Clara Valley.

Attainment/Nonattainment Status

The proposed project is located in Santa Clara County, California. Santa Clara County is classified as a nonattainment area for the federal 8-hour ozone standard and the federal 24- hour average fine particulates (PM2.5) standard. Santa Clara County is classified as a nonattainment area for the California air quality standards for ozone, PM2.5, and coarse particulates (PM10). The urbanized portions of Santa Clara County (including the project area) are part of a federal carbon monoxide maintenance area. The project area is in attainment for all other pollutants regulated by federal and state ambient air quality standards.

Air Quality Monitoring Data for Transportation-Related Pollutants

Table III-1 summarizes the available monitoring data for Santa Clara County criteria pollutants for which transportation-related sources are an important contributor to total emissions. The design values represent the pollutant concentrations in a statistical form that is directly comparable to the NAAQS. Note that in some cases the statistical form of the CAAQS is different than the NAAQS; therefore, design values for the CAAQS would be different than the federal design values shown. The objective of this section is to provide a general indication of existing air quality conditions, not a regulatory assessment of whether or not standards were met at specific monitors.

The monitoring data show Santa Clara County is well below the NAAQS and CAAQS for pollutants such as carbon monoxide and nitrogen dioxide. PM2.5 design values for 2011 were also below the NAAQS. The 2011 design value for ozone concentrations was just below the 8- hour average NAAQS; however, the CAAQS was exceeded for both the 8-hour and 1-hour averaging times for ozone. The 24-hour PM10 concentrations were below the NAAQS, but exceeded the CAAQS.

Transportation Conformity

MTC’s Air Quality Conformity Task Force has concurred that the project is exempt from regional and project-level transportation conformity requirements and is not a “project of local air quality concern” for PM2.5. Therefore, further review under transportation conformity or preparation of a conformity determination is not necessary prior to FTA approval of the project. Further detailed

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 32 information supporting this conclusion is provided in the Air Quality Technical Report (LBG, 2013).

Table III-1 Air Quality Monitoring Data and Standards

Santa Clara County Averaging Design Value for Pollutant NAAQS CAAQS Form Time comparison to NAAQS (2011) 8-hour 2.0 ppm 9 ppm 9 ppm Not to be exceeded more Carbon Monoxide than once per year (federal) 1-hour 2.3 ppm 35 ppm 20 ppm or if exceeded (California) 98th percentile, averaged 1-hour 50 ppb 100 ppb 180 ppb over 3 years (federal) or if Nitrogen Dioxide exceeded (California) Annual 15 ppb 53 ppb 30 ppb If exceeded Annual fourth-highest daily maximum 8-hour 8-hour 0.074 ppm 0.075 ppm 0.070 ppm concentration, averaged Ozone over 3 years (federal) or if exceeded (California) 1-hour 0.109 N/A 0.09 ppm If exceeded 98th percentile, averaged 24-hour 30 μg/m3 35 μg/m3 N/A over 3 years (federal) or if exceeded (California) PM2.5 Annual mean, averaged Annual 9.6 μg/m3 12 μg/m3 12 μg/m3 over 3 years (federal) or if exceeded (California) Not to be exceeded more than once per year on 24-hour 59 μg/m3 150 μg/m3 50 μg/m3 average over 3 years PM10 (federal) or if exceeded (California) Annual 18.4 μg/m3 N/A 20 μg/m3 If exceeded ppm = parts per million; ppb = parts per billion; μg/ m3 = micrograms per meters cubed; N/A = not applicable. Source of design values: http://www.epa.gov/airtrends/values.html Source of NAAQS: http://www.epa.gov/air/criteria.html Source of California AAQS: http://www.arb.ca.gov/research/aaqs/aaqs2.pdf

Impact Discussion

a. Conflict with or obstruct implementation of the applicable air quality plan?

Long Term Operation Impacts

San Jose’s 2040 General Plan was reviewed to identify potentially relevant policies. Goal MS- 10 – Air Pollutant Emission Reduction pertains to existing and proposed land use developments and is not applicable to a transportation project. Two goals pertaining to this project were identified: Goal MS-11 – Toxic Air Contaminants and Goal MS-12 – Objectionable Odors. The consistency of the project with each policy of these goals is provided in Table III-2. ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 33 Table III-2 San Jose General Plan Air Quality Polices

Policy Policy Project Consistent? Number Yes. The project does not involve new Requires completion of air quality modeling for sensitive land residential land uses. There would be no uses (e.g., new residential developments) that are located near increase in the number of trains, changes sources of pollution such as freeways or industrial uses. in train operational characteristics, or an Requires new residential development projects and projects MS-11.1 increase in total air pollutant emissions. categorized as including sensitive receptors to incorporate The project does not increase localized effective mitigation into project designs or be located an toxic air containment exposure above the adequate distance from sources of toxic air contaminants BAAQMD significance threshold as (TACs) to avoid significant risks to health and safety. explained below under Item b. For projects that emit toxic air contaminants, requires project proponents to prepare health risk assessments in accordance with BAAQMD-recommended procedures as part of Yes. A health risk assessment is not environmental review and employ effective mitigation to reduce required. The project does not increase MS-11.2 possible health risks to a less than significant level. Alternatively, localized TAC exposure to above the requires new projects (such as, but not limited to, industrial, BAAQMD significance threshold as manufacturing, and processing facilities) that are sources of explained under Item b. TACs to be located an adequate distance from residential areas and other sensitive receptors. Yes. No changes in traffic would occur Requires projects generating significant heavy duty truck traffic (including heavy duty truck traffic). The MS-13.3 to designate truck routes that minimize exposure of sensitive project involves railroad improvements receptors to TACs and particulate matter. which have no impact on roadways. Encourages the installation of appropriate air filtration at existing Yes. The project does not have significant MS-13.4 schools, residences, and other sensitive receptor uses that may adverse air quality impacts; installation of be adversely affected by pollution sources. air filtration systems is not necessary. Encourages the use of pollution absorbing trees and vegetation Yes. Vegetation along the banks of Los MS-13.5 in buffer areas between substantial sources of TACs and Gatos Creek would be replanted following sensitive land uses. construction. For new, expanded, or modified facilities that are potential Yes. The project is not a facility that is a sources of objectionable odors (e.g., landfills, green waste and major source of objectionable odors. Diesel resource recovery facilities, wastewater treatment facilities, MS-12.1 emissions and associated odors would not asphalt batch plants, and food processors), the City requires an increase as a result of the project (see Item analysis of possible odor impacts and a provision for odor b). minimization and control measures as mitigation. Requires new residential development projects and projects categorized as including sensitive receptors to be located an Yes. The project does not involve a new MS-12.2 adequate distance from existing facilities with potential sources residential development. of odor. An adequate separation distance is determined based upon the type, size and operations of the facility

In addition to the City of San Jose policies discussed above, the BAAQMD’s Bay Area 2010 Clean Air Plan was reviewed for policies pertaining to the proposed project.1 The project is consistent with policies such as Transportation Control Measure 4: “Upgrade and Expand Local and Regional Rail Service.” Replacing the existing bridge that is past its useful life contributes to keeping the rail transportation system in a state of good repair. The tail track provides operational flexibility that improves transportation system reliability. Other policies of the Clean Air Plan are not applicable, such as policies pertaining to automobile and truck sources (which

1 http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/Plans/2010%20Clean%20Air%20Plan/CAP%2 0Volume%20I%20%20Appendices.ashx

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 34 the project will have no effect on) and policies pertaining to wood burning, stationary and area sources, and land use.

In conclusion, the project is consistent with the applicable local and regional air quality policies, therefore there is no impact.

Temporary Construction Impacts and Mitigation

Table III-3 summarizes the consistency of project-related construction emissions with the policies of San Jose’s 2040 General Plan that may pertain to the proposed project (policies located under General Plan Goal MS-13 – Construction Air Emissions). The proposed project is consistent with the General Plan construction air quality policies.

Table III-3 San Jose General Plan Construction Air Quality Polices

Policy Policy Project Consistent? Number Include dust, particulate matter, and construction equipment exhaust control measures as conditions of approval for subdivision maps, site development and Yes. The project includes the BAAQMD- planned development permits, grading permits, and MS-13.1 recommended construction mitigation demolition permits. At minimum, conditions shall measures. conform to construction mitigation measures recommended in the current BAAQMD CEQA Guidelines for the relevant project size and type. Yes. No asbestos containing materials are expected to be encountered in construction. The existing bridge does contain lead based Construction and/or demolition projects that have the paints, therefore the contractor performing potential to disturb asbestos (from soil or building demolition activities on the bridge structure material) shall comply with all the requirements of the MS-13.2 should comply with the Cal/OSHA Lead in California Air Resources Board’s air toxics control Construction Standard for protection of measures (ATCMs) for Construction, Grading, workers; properly control and contain paint Quarrying, and Surface Mining Operations. dust and debris resulting from the demolition operation; and properly contain and dispose of the resulting paint chips, dust and debris. Require subdivision designs and site planning to Yes. No grading/changes in topographic MS-13.3 minimize grading and use landform grading in hillside features are proposed. areas.

BAAQMD’s Bay Area 2010 Clean Air Plan was reviewed for policies that may pertain to the proposed project.2 Mobile Source Control Measure MSM C‐1 pertains to construction and farming equipment and states BAAQMD’s intention to reduce emissions from such equipment by: (1.) cash incentives to retrofit construction and farm equipment with diesel particulate matter filters or upgrade to a Tier III or IV off‐road engine; (2.) work with CARB, California Energy Commission and others to develop more fuel efficient off‐road engines and drive‐trains; (3.)

2 http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/Plans/2010%20Clean%20Air%20Plan/CAP%2 0Volume%20I%20%20Appendices.ashx

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 35 work with local communities, contractors and developers to encourage the use of renewable alternative fuels in applicable equipment. The project will be generally consistent with this policy because it includes a commitment to diesel particulate filters and other BAAQMD-recommended mitigation to reduce construction air pollutant emissions. The use of alternative fuels (such as biodiesel) is not proposed because while biodiesel can reduce particulate matter emissions, it also increases NOx emissions (the project is incorporating mitigation to reduce NOx emissions and increasing such emissions would be contrary to those goals).3 Other aspects of the policy, such as research to develop more efficient off-road engines, do not pertain to the construction of the proposed project.

In conclusion, the project is consistent with the relevant local and regional construction air quality policies, therefore there is no impact. b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation?

Long-Term Operation Impact

The operational significance criteria were based on the 2010 BAAQMD CEQA thresholds, specifically:

 Operational emissions of 10 tons per year of Reactive Organic Gases (ROG), NOx, or

PM2.5, or 15 tons per year of PM10; or,  An incremental increase of greater than 0.3 micrograms per cubic meter (µg/m3) of

annual average PM2.5.

The proposed project involves replacement of an existing railroad bridge and will not directly or indirectly increase freight or passenger train traffic. In addition, the operational characteristics (speed, idling, etc.) of the existing train traffic will not change. Therefore, the total quantity of diesel locomotive-related emissions in the project area will not change and the operational emissions significance thresholds will not be exceeded. There will be no impact on operational emissions. The increased operational flexibility provided by the tail track could have minor beneficial effects on Caltrain emissions at the regional level. Emissions could be reduced because of the ability to route trains around problems, reducing idling.

In the long-term, the tail track is anticipated to be limited to movements such as turning around trains or an emergency bypass around incidents on MT1 or MT2. For air quality analysis purposes, a worst-case operational scenario was developed and is presented in Table III-4. Under the hypothetical worst-case operational scenario, 16 trains per day would shift from the existing tracks to the tail track. This is a substantially higher number of trains than JPB proposes to operate on the tail track under normal operating conditions. However, it provides an upper bound for analysis of impacts given that the exact number of trains utilizing the tail track may vary day to day based on operational needs and constraints. The total number of trains

3 http://www.epa.gov/cleandiesel/technologies/fuels.htm ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 36 per day would not change under these assumptions; only the distribution by track would change as shown in Table III-4.

Table III-4 Hypothetical Worst-Case Train Operation Assumptions

Tail Track JPB-MT2 UPRR-MT1

Distance to Closest 73 91 106 Townhome (feet) Speed (mph) 35 35 35 Existing Condition Number of Trains Per 22 daytime 22 daytime N/A Day 7 nighttime 4 nighttime Average Number of N/A 1 1 Locomotives Average Number of Rail 7.7 daytime N/A 5 Cars 18 nighttime Proposed Condition Number of Trains Per 13 daytime 19 daytime 12 daytime Day 3 nighttime 4 nighttime 4 nighttime Average Number of 1 1 1 Locomotives Average Number of Rail 10 daytime 5 5 Cars 18 nighttime Note: Number of trains pertains to the area south of San Jose Diridon Station only. Trains starting or ending service at San Jose Diridon Station (i.e., service area is north of station) are not included.

With the electrification of Caltrain planned for 20194, diesel locomotive emissions through the project area would be substantially reduced as they are phased out over time. As a result, air quality for adjacent residential areas would improve. Particulate matter concentrations would be reduced relative to existing conditions, which are 100 percent diesel operations. Therefore, there would be no impact on local air quality due to the tail track location in the long-term post- electrification.

The potential for air quality impacts in the interim (prior to electrification) due to the location of the tail track 18 feet closer to the Monte Vista Townhomes was also considered. The 3 significance threshold (a 0.3 µg/m increase in annual PM2.5 concentrations) will not likely be exceeded for the following reasons:

 As noted above, the total quantity of PM2.5 emissions occurring in the project area will not increase due to the project because the number of trains and their operational characteristics will remain the same as existing conditions.

4 http://www.caltrain.com/projectsplans/CaltrainModernization/Modernization/PeninsulaCorridorElectrificationProject.ht ml ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 37  The tail track will not be used for idling/queuing (average speed would be 35 mph), making the duration of exposure to diesel emissions relatively brief.  The number of trains utilizing the track is relatively low (16 trains per day shifted from the existing tracks to the tail track).  Prevailing meteorological conditions would not support the migration of locomotive emissions towards the residences. The residences are located due west from the tail track and the existing tracks. Winds in San Jose blow most often towards the southeast (from the northwest).5 In addition, Caltrain does not operate overnight passenger service when calm periods are most common. Calm periods are when the dispersion of pollutants is low and the likelihood of locally elevated concentrations is highest. Overnight Caltrain operations will be limited to non-revenue moves to position trains. Only three trains will operate between 10 pm and 7 am on the tail track (see Table III-4).

Therefore, localized air quality impacts would be less than significant and no mitigation is required.

Temporary Construction Impact

Significance thresholds for temporary construction air quality impacts were based on the 2010 BAAQMD CEQA thresholds:  Daily average construction emissions exceed any of the following: 54 lbs/day ROG, 54

lbs/day NOx, 82 lbs/day PM10 (exhaust only), or 54 lbs/day PM2.5 (exhaust only).

3  An incremental increase of greater than 0.3 µg/m for annual average PM2.5.

The approximate magnitude of construction emissions was estimated using the Sacramento Metropolitan Air Quality Management District’s (SMAQMD) Roadway Construction Emissions Model (RoadMod), version 7.1.4. RoadMod is a recommended construction emissions model for linear projects in BAAQMD’s 2012 CEQA Guidance. Detailed information on the model inputs is provided in the Air Quality Technical Report.

Table III-5 summarizes the results of the RoadMOD construction emissions analysis. A detailed table with the emissions results for each modeled construction phase is provided in the Air

Quality Technical Report. Without mitigation, average daily emissions of ROG, PM10 and PM2.5 will be well under the applicable significance thresholds. Unmitigated average daily NOx emissions (64 lbs) will exceed the significance threshold of 54 lbs/day. Incorporation of BAAQMD Basic Mitigation Measures #6 (maximum equipment idling time of 5 minutes) and #7 (proper maintenance and tuning of equipment), and BAAQMD Advanced Mitigation Measure #9

(minimize diesel equipment idling time to two minutes) will reduce average daily NOx emissions to 48.7 lbs/day. Therefore, with incorporation of Mitigation Measure AIR-01 described below, temporary construction air quality impacts will be less than significant.

5 San Jose International Airport wind rose. http://www.arb.ca.gov/ch/communities/ra/westoakland/documents/appendixf_final.pdf ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 38 The mitigated NOx emissions analysis was conducted in accordance with the BAAQMD 2012 CEQA guidance, utilizing a 5 percent reduction in emissions for Basic Mitigation Measures #6 and #7, and an additional 20 percent reduction for Advanced Mitigation Measure #9. While the BAAQMD guidance also provides percent reductions for particulate matter emissions attributable to these mitigation measures, these reductions were not utilized because unmitigated PM2.5 and PM10 emissions will be well under the applicable significance thresholds.

Table III-5 Temporary Construction Emissions

PM2.5 ROG CO NO Total PM10 PM10 Total PM2.5 x Fugitive CO PM Exhaust Dust PM Exhaust 2 10 2.5 Dust

Total Unmitigated Construction 2.2 10.1 23.4 4.9 1.0 3.8 1.8 1.0 0.8 2,468.5 Emissions (tons)

Unmitigated Average Emissions 5.9 27.6 64.0 13.3 2.9 10.5 4.8 2.6 2.2 6,762.9 Per Day (lbs)

BAAQMD CEQA Threshold 54 N/A 54 N/A 82 N/A N/A 54 N/A N/A (lbs/day)

Mitigated NOx Emissions 48.7 Per Day (lbs)

Note: Average daily emissions calculated based on construction duration of two years (730 days).

c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?

Long-Term Operation Impact

See the discussion under item b, above. The proposed project involves replacement of an existing railroad bridge and would not directly or indirectly increase freight or passenger train traffic and associated diesel emissions. Indeed, the project would be supportive of Caltrain plans to electrify the corridor, which will have substantial regional air quality benefits. Therefore, the project will have no impact on criteria pollutant regional emissions in the long-term.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 39 Temporary Construction Impact

Emissions of criteria pollutants for which the area is in nonattainment6 will temporarily increase during construction. The temporary increase will be mitigated below the significance threshold through construction best management practices (BMPs) recommended by BAAQMD (Mitigation Measure AIR-01), see the response to item b. Therefore, the temporary construction impact is less than significant. d. Expose sensitive receptors to substantial pollutant concentrations?

Long-Term Operation Impact

See the response to item b for the analysis of the effect of the project on pollutant concentrations. The tail track will increase 24-hour PM2.5 concentrations at adjacent sensitive receptors by less than the significance threshold in the interim (prior to electrification). Air quality will improve in the long-term with the transition to electric trains. Therefore, localized air quality impacts are less than significant.

Temporary Construction Impact

Absent appropriate control measures, emissions from construction equipment and activities have the potential to temporarily impact air quality in the immediate vicinity of the construction site. Residential receptors are located within 60 feet of areas where construction will occur.

While concentrations of PM2.5 would increase during the daytime hours on weekdays, there will be little to no effect on concentrations overnight or on weekends. The PM2.5 emissions of construction vehicles will be minimized through the use of CARB-verified diesel particulate filters on equipment over 50 horsepower.

The Monte Vista Townhomes are located to the west of the Los Gatos Creek Bridge, while the predominant wind direction is from the northwest (blowing towards the southeast). Winds blow towards the west less than one percent of the time, and blow towards the northwest less than 10 percent of the time7. Therefore, meteorological conditions would not typically support the migration of construction site emission towards the residences. Concentrations will be highest during days when winds are calm, which occurs approximately 20 percent of the time. However, calms most often occur in the nighttime and early morning hours, when construction activities will generally not be occurring (except for limited trackwork that must be done at night).

Based on the factors discussed above, the annual average PM2.5 concentration at the Monte Vista Townhomes is expected to increase by less than the 0.3 µg/m3 BAAQMD significance

6 Santa Clara County is classified as a nonattainment area for the federal 8-hour ozone standard and the federal 24- hour average particulate matter less than 2.5 microns in diameter (PM2.5) standard. Santa Clara County is classified as a nonattainment area for the California air quality standards for ozone, PM2.5, and PM10. The urbanized portions of Santa Clara County (including the project area) are part of a federal carbon monoxide (CO) maintenance area. The project area is in attainment with all other pollutants regulated by federal and state ambient air quality standards. 7 San Jose International Airport wind rose. http://www.arb.ca.gov/ch/communities/ra/westoakland/documents/appendixf_final.pdf ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 40 threshold with the incorporation of Mitigation Measure AIR-01 described below. Therefore, the impact is less than significant with mitigation. e. Create objectionable odors affecting a substantial number of people?

Long-Term Operation Impact

The project will not increase the total number of diesel trains operating on the Caltrain/UPRR tracks. Therefore, diesel-related odor emissions will not increase. The worst-case number of trains (16) on the tail track and speed (35 mph) will not cause substantial odors. Therefore, there is no impact.

Temporary Construction Impact

During construction the project will generate diesel odors on-site and in adjacent areas from the operation of heavy equipment. Diesel odors will be limited in both temporal and geographic extent by the number of pieces of construction equipment operating at any one time and the idling restriction incorporated in Mitigation Measure AIR-01. Therefore, there is a less than significant impact.

Mitigation Measures for Temporary Impacts

No mitigation is required for long-term impacts. The following standard mitigation measures will be incorporated into project construction to reduce potential temporary air quality impacts to less than significant levels.

 Mitigation Measure AIR-01: The contractor must include the following mitigation commitments: o All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access pathways) shall be watered two times per day. o All haul trucks transporting soil, sand, or other loose material off-site shall be covered. o All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. o All vehicle speeds on unpaved pathways shall be limited to 15 mph. o All pathways, driveways, and sidewalks to be paved shall be completed as soon as possible. o Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes for all equipment types (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). In addition, limit the idling time of diesel powered construction equipment to two minutes (BAAQMD Advanced Mitigation

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 41 Measure #9, required to mitigate NOX emissions). Clear signage indicating idling limits shall be provided for construction workers at all access points. o All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified visible emissions evaluator. o Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. o Require the use of diesel particulate filters (or other technologies) on off-road equipment over 50 horsepower and for which such filters are practicable. A list of verified diesel emission control strategies is provided by CARB.8

8 http://www.arb.ca.gov/diesel/verdev/vt/cvt.htm ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 42 IV. BIOLOGICAL RESOURCES: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

A number of federal, state, and local regulations guide the assessment of impacts to biological resources. These are described below.

Federal Species Protection Regulations Federal Endangered Species Act The U.S. Fish and Wildlife Service (USFWS) and the National Oceanographic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) enforce the provisions stipulated within the Federal Endangered Species Act of 1973 (FESA, 16 USC Section 1531 et seq.). Threatened and endangered species on the federal list (50 CFR Section 17.11, 17.12) are protected from take, defined as direct or indirect harm, unless a Section 10 permit is granted to an entity other than a federal agency or a Biological

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 43 Opinion with incidental take provisions is rendered to a federal lead agency via a Section 7 consultation. Pursuant to the requirements of FESA, an agency reviewing a proposed project within its jurisdiction must determine whether any federally listed species may be present in the project site and determine whether the proposed project will have a potentially significant impact upon such species. Under FESA, habitat loss is considered to be an impact to a species. In addition, the agency is required to determine whether the project is likely to jeopardize the continued existence of any species that is proposed for listing under FESA or result in the destruction or adverse modification of critical habitat proposed or designated for such species (16 USC 1536[3],[4]). Therefore, project related impacts to these species or their habitats would be considered significant and will require mitigation. Magnuson-Stevens Fishery Conservation and Management Act The Magnuson-Stevens Fishery Conservation and Management Act establishes a management system for national marine and estuarine fishery resources. This legislation requires that all federal agencies consult with NMFS regarding all actions or proposed actions permitted, funded, or undertaken that may adversely affect “essential fish habitat (EFH).” EFH is defined as “waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity.” The Magnuson-Stevens Act states that migratory routes to and from anadromous fish spawning grounds are considered EFH. The phrase “adversely affect” refers to the creation of any impact that reduces the quality or quantity of EFH. Federal activities that occur outside of EFH but which may have an impact on EFH must be considered in the consultation process. The Act applies to Pacific salmon, groundfish, and several pelagic species found in the Pacific. Executive Order 11990: Protection of Wetlands Executive Order 11990, signed May 24, 1997, directs federal agencies to refrain from assisting in or giving financial support to projects that encroach on publicly or privately owned wetlands. It further requires that federal agencies support a policy to minimize the destruction, loss, or degradation of wetlands. A project that encroaches on wetlands may not be undertaken unless the agency has determined that (1) there are no practicable alternatives to construction at that location, (2) the project includes all practicable measures to minimize harm to wetlands affected, and (3) the impact will be minor. Executive Order 13186: Migratory Bird Treaty Act Under the Migratory Bird Treaty Act of 1918 (16 USC Subsection 703-712), migratory bird species and their nests and eggs are protected from injury or death; these species are listed on the federal list (50 CFR Section 10.13). Project related disturbances must be reduced or eliminated during the nesting cycle. Executive Order 13112: Invasive Species Prevention On Feb 3, 1999, Executive Order 13112 was signed establishing the National Invasive Species Council. Executive Order 13112 required that each federal agency whose actions may affect the status of invasive species shall, to the extent practicable and permitted by law, (1) identify such actions; (2) subject to the availability of appropriations, and within Administration budgetary limits, use relevant programs and authorities to: (i) prevent the

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 44 introduction of invasive species, (ii) detect and respond rapidly to and control populations of such species in a cost-effective and environmentally sound manner, (iii) monitor invasive species populations accurately and reliably, (iv) provide for restoration of native species and habitat conditions in ecosystems that have been invaded, (v) conduct research on invasive species and develop technologies to prevent introduction and provide for environmentally sound control of invasive species, and (vi) promote public education on invasive species and the means to address them; and (3) not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere unless, pursuant to guidelines that it has prescribed, the agency has determined and made public its determination that the benefits of such actions clearly outweigh the potential harm caused by invasive species; and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions. In addition, it requires that federal agencies shall pursue the duties set forth in this section in consultation with the Invasive Species Council, consistent with the Invasive Species Management Plan and in cooperation with stakeholders, as appropriate, and, as approved by the Department of State, when federal agencies are working with international organizations and foreign nations.

State Species Protection Regulations California Endangered Species Act/California Environmental Quality Act The California Endangered Species Act (CESA) of 1970 (California Department of Fish and Game (CDFG) Code Section 2050 et seq., and CCR Title 14, Subsection 670.2, 670.51) prohibits the take (interpreted to mean the direct killing of a species) of species listed under CESA (14 CCR Subsection 670.2, 670.5). Under CESA, state agencies are required to consult with the California Department of Fish and Wildlife (CDFW, formerly the California Department of Fish and Game) when preparing CEQA documents. During consultation, CDFW determines whether take would occur and identifies “reasonable and prudent alternatives” for the project and conservation of special-status species. CDFW can authorize take of a state-listed species under sections 2080.1 and 2081(b) of the CDFG Code in those cases where it is demonstrated that the impacts are minimized and mitigated. A CESA permit must be obtained if a project will result in the take of listed species, either during construction or over the life of the project. Under CESA, CDFW is responsible for maintaining a list of threatened and endangered species designated under state law (CDFG Code 2070). Pursuant to the requirements of CESA, a state or local agency reviewing a proposed project within its jurisdiction must determine whether any state-listed species may be present in the project area and determine whether the proposed project will have a potentially significant impact upon such species. Project related impacts to species on the CESA list would be considered significant and therefore will require mitigation. Impacts to species of concern and fully protected species would be considered significant under certain circumstances. CEQA Subsections 21000-21178 require that CDFW be consulted during the CEQA review process regarding impacts of proposed projects on rare or endangered species. These “special-status” species are defined under CEQA Guidelines subsection 15380(b) and (d) as

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 45 those listed under FESA and CESA, and species that are not currently protected by statute or regulation, but would be considered rare, threatened, or endangered under these criteria, or by the scientific community. Therefore, species that are considered rare or endangered are addressed in this study regardless of whether they are afforded protection through any other statute or regulation. The California Native Plant Society (CNPS) inventories the native flora of California and ranks species according to rarity (CNPS 2010a); plants on Lists 1A, 1B, and 2 are considered special-status species under CEQA. Although threatened and endangered species are protected by specific federal and state statutes, CEQA Guidelines Section 15380(d) provides that a species not listed on the federal or state list of protected species may be considered rare or endangered if it can be shown to meet certain specified criteria. These criteria have been modeled after the definition in FESA and the section of the CDFG Code dealing with rare or endangered plants and animals. Section 15380(d) allows a public agency to undertake a review to determine if a significant effect on species that have not yet been listed by either the USFWS or CDFW (i.e., candidate species) would occur. Thus CEQA provides an agency with the ability to protect a species from the potential impacts of a project until the respective government agency has an opportunity to designate the species as protected, if warranted. California Native Plant Protection Act The California Native Plant Protection Act of 1977 (CDFG Code Section 1900-1913) requires all state agencies to use their authority to carry out programs to conserve endangered and otherwise rare species of native plants. Provisions of the act prohibit the taking of listed plants from the wild and require the project proponent to notify CDFW at least 10 days in advance of any change in land use, which allows CDFW to salvage listed plants that would otherwise be destroyed. Nesting Birds CDFG Code Subsections 3503, 3503.5, and 3800 prohibit the possession, incidental take, or needless destruction of birds, their nests, and eggs. CDFG Code Section 3511 lists birds that are “fully protected”: those that may not be taken or possessed except under specific permit.

Wetlands and Other Waters of the U.S. Any person, firm, or agency planning to alter or work in “waters of the U.S.”, including the discharge of dredged or fill material, must first obtain authorization from the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act (CWA; 33 U.S.C. 1344). Permits, licenses, variances, or similar authorization may also be required by other federal, state, and local statutes. Section 10 of the Rivers and Harbors Act of 1899 prohibits the obstruction or alteration of navigable waters of the U.S. without a permit from USACE (33 U.S.C. 403). The CDFG requires notification prior to commencement, and possibly a Streambed Alteration Agreement (SAA) pursuant to CDFG Code Subsection 1601-1603, 5650F, if a proposed project would result in the alteration or degradation of a stream, river, or lake in California. The Regional Water Quality Control Board (RWQCB) may require State

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 46 Water Quality Certification (CWA Section 401 permit) prior to the alteration of or discharge to waters of the U.S. and the State. Waters of the U.S. are defined as: all waters that are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide; all interstate waters including interstate wetlands; all other waters such as intrastate lakes, rivers, streams (including intermittent and ephemeral streams), mudflats, sand flats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes or natural ponds, where the use, degradation, or destruction of which could affect interstate commerce; impoundments of these waters; tributaries of these waters; or wetlands adjacent to these waters (33 CFR Part 328). With non-tidal waters, in the absence of adjacent wetlands, the extent of USACE jurisdiction extends to the ordinary high water mark (OHWM) – the line on the shore established by fluctuations of water and indicated by a clear, natural line impressed on the bank, shelving, changes in soil character, destruction of terrestrial vegetation, and/or the presence of litter and debris. Waters of the State are defined as “any surface water or groundwater, including saline waters, within the boundaries of the state (California Water Code Section 13050(e).”

Local Policies Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan The Santa Clara Valley Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) project was prepared in 2012 by the Cities of Gilroy, San Jose, and Morgan Hill, the County of Santa Clara, the Santa Clara Transportation Authority, and the Santa Clara Valley Water District (SCVWD). In cooperation with the USFWSCDFG, local stakeholder groups, and the general public, the HCP/NCCP developed a long-range plan to protect and enhance ecological diversity and function within a large section of Santa Clara County, while allowing for currently planned development and growth. San Jose Tree Removal Regulations The San Jose Municipal Code (Chapter 13.28) requires that a permit be obtained for the removal of any tree over 56 inches in circumference at a height of 24 inches above grade. The Municipal Code also provides for the protection of heritage trees. Heritage trees are defined within the Municipal Code as trees which, because of factors including but not limited to its history, girth, height, species or unique quality, have been found by the City Council to have a special significance to the community. City of San Jose General Plan (Envision San Jose 2040) The following goals from the City of San Jose General Plan pertain to the proposed project: Goal ER-2 – Riparian Corridors: Preserve, protect, and restore the City’s riparian resources in an environmentally responsible manner to protect them for habitat value and recreational purposes. Goal ER-4 – Special Status Plants and Animals: Preserve, manage, and restore habitat suitable for special-status species, including threatened and endangered species.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 47 Goal ER-5 – Migratory Birds: Protect migratory birds from injury or mortality.

Environmental Setting

The predominant characteristics of the natural environmental of the project area are discussed below.

Fisheries

Based on the species composition in the Guadalupe River, the fish community within the project area likely includes both native and introduced fishes. In addition to fall-run Chinook salmon and Central California Coast steelhead, the native resident fish in the Guadalupe River and its tributaries (including Los Gatos Creek) include Sacramento sucker (Catostomus occidentalis), California roach (Lavinia symmetricus), prickly sculpin (Cottus asper), and Pacific lamprey (Lampetra tridentate). Los Gatos Creek also supports introduced species, including largemouth bass (Micropterus salmoides), bluegill (Lepomis macrochirus), green sunfish (Lepomis cyanellus), goldfish (Carassius auratus), carp (Cyprinus carpio), mosquitofish (Gambusia affinis), brown bullhead (Ictalurus nebulosus), and pumpkinseed (Lepomis gibbosus).

During a biological reconnaissance survey of the study area on October 28, 2010, several fish and other aquatic species were observed, including, roach, mosquitofish, sunfish (Lepomis spp.), as well as crayfish (unknown epithet).

Critical and Essential Fish Habitat

In addition to fish species, critical habitat and essential fish habitat have the potential to be affected by the project. Critical habitat for the Central California Coast steelhead Distinct Population Segment (DPS) was designated on September 2, 2005; however, the watershed containing the upper portion of Guadalupe River and Los Gatos Creek (i.e., the watershed encompassing the project study area) was not included in the proposed critical designation in 2005. The EFH includes areas where Chinook salmon have historically occurred. Central Valley fall-run Chinook salmon have been observed in Los Gatos Creek; therefore, the project will potentially affect EFH for Pacific salmonids.

Terrestrial Habitat Types/Vegetation Communities

The biological study area (also known as the Action Area) is generally bordered by an urban/suburban area that includes railroad tracks, roadways, parking lots, buildings, and landscaped areas. These areas have very little vegetation, except for small landscaped areas. A habitat map of the Action Area is included as Figure IV-1.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 48 Figure IV-1 Habitat Types within Action Area

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 49

Two types of terrestrial habitat occur within the Action Area: urban/suburban and willow riparian forest and scrub. Urban/suburban areas include railroad tracks and the gravel track ROW, roadways, parking lots, building fronts, the Los Gatos Creek Trail, and landscaped areas along building fronts. Urban/suburban areas provide little to no habitat value for wildlife.

The remainder of the terrestrial habitat within the Action Area consists of willow riparian forest and scrub. The riparian habitats in the Action Area comprise tree and herbaceous species, including willow (Salix laevigata), Fremont cottonwood (Populus fremontii), tree of heaven (Ailanthus altissima), black locust (Robinia pseudoacacia), box elder (Acer negundo), California walnut (Juglans californica ), Himalayan blackberry (Rubus discolor), and California blackberry (Rubus ursinus). Willow riparian forest and scrub habitat types occur along the margins of active channels on intermittent and perennial streams. The creek corridor is highly disturbed and predominately supports non-native riparian vegetation with occasional native trees and shrubs.

Terrestrial Species

Wildlife Resources

Wildlife habitats and species in the project study area were assessed during the reconnaissance survey on October 28, 2010 (see Table IV-1). In addition to the species observed, other common and special status amphibians, reptiles, birds, and mammals may use the study area for foraging, cover, dispersal, and breeding. The vegetation types present in the study area provide suitable habitat for a variety of wildlife species.

Table IV-1 Wildlife Species Observed in the Study Area on October 28, 2010

Scientific Name Common Name AMPHIBIANS Psuedacris regilla Northern pacific treefrog REPTILES Sceloporus occidentalis Western fence lizard MAMMALS Sciurus griseus Western gray squirrel BIRDS Columba livia Rock dove Sayornis nigricans Black phoebe Vireo sp. Vireo FISH Gambusia affinis Mosquitofish

Raptors and Other Migratory Birds

Several raptor and migratory bird species have a potential to utilize trees within the riparian corridor with and adjacent to the study area for nesting, including but not limited to species such

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 50 as Cooper’s hawk (Accipiter cooperii). In general, though, foraging opportunities for raptors and most bird species remain limited by the developed nature of the surrounding habitat. However, birds, such as swallows and black phoebes (Sayornis nigricans), do have the potential to occur within the study area as they commonly nest on the undersides of bridges that cross over, or are in close proximity, to aquatic habitats such as rivers, streams, and lakes. Such bridges provide suitable nesting habitat due to their proximity to both nest building material and optimal foraging habitat.

Aquatic habitats and associated riparian corridors provide habitat for large numbers of aquatic and terrestrial insects, which are both phoebe and swallow primary prey items. Both forage over aquatic and riparian habitats where they catch insects in flight. They also collect mud and other material from nearby sources and use it to build nests, which are composed primarily of mud (swallows) and mud and twigs (phoebes).

During field surveys, one mud and twig nest was observed attached to the underside of the West San Carlos Ave Bridge. Based on the appearance of the nest and the direct observation of black phoebe within the study area, the nest is believed to have been used by black phoebe during the 2010 nesting season. Several rock dove nests were also observed.

Impact Discussion a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?

A comprehensive list of regionally-occurring special-status species and sensitive natural communities was compiled from the following: (1) a list of reported occurrences of special-status species in the California Natural Diversity Database (CNDDB) for the San Jose West, California 7.5-minute USGS topographic quad (CNDDB 2010; updated 2013), (2) an inventory of federally listed special-status species with the potential to occur in, or be affected by projects in the San Jose West quad (USFWS 2010; updated in 2013), (3) a record of CNPS listed plant species occurring in the San Jose West quad (CNPS 2010 a, b; updated 2013), (4) and a CNDDB list of species known to occur within a five mile radius of the study area.

Fisheries

The proposed project would have potential impacts on the following special-status fish species and/or their habitat in Los Gatos Creek:

 Central Valley fall- and late-fall-run Chinook salmon (Oncorhynchus tshawytscha) – federal species of concern  Central California Coast steelhead (Oncorhynchus mykiss) – federally listed as threatened

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 51 Construction-related effects on fish and fisheries habitat can occur while construction activities and equipment are active. Potential effects on fishes can include, but are not limited to, interference with migration, degradation of water quality, habitat loss or degradation, and interference with foraging habitat and food resources (USACE 2004). Potential increases in sedimentation and turbidity resulting from increased runoff and hazardous materials spills can result in impacts on Los Gatos Creek.

During construction of the Los Gatos Creek Replacement Bridge structure and demolition of the existing bridge, sediment suspension can occur as a result of the placement methodology of the in-channel piles (e.g., vibrating, jetting, jacking or drilling the posts into place), the construction of the bridge superstructure, placement of temporary trestles during construction, and the removal of the existing bridge infrastructure. Water quality impairments would likely include increased turbidity and decreased dissolved oxygen. Depending on the amount of disturbed sediments and their chemical characteristics, contaminants within the sediments could be released. Also, debris could enter receiving water from construction activities.

Negligible effects are expected where habitats are not significantly altered (USACE 2004). In general, disruption of the benthic and near-bottom waters and disruption of sensitive habitats and key migratory corridors are of greatest concern (USACE 2004). However, it is anticipated that potential effects associated with the proposed project will be only temporary in duration and will not result in adverse effects to listed species or their critical habitat.

Implementation of a spill prevention and control plan will minimize potential effects associated with runoff or inadvertent chemical spills. All in-water activities will occur during the June 15th through October 15th window, as recommended by NMFS and CDFW, when fish are less likely to be present in the project study area.

The San Francisco Bay RWQCB prohibits the use of creosote-treated wood in new construction and requires that all new aquatic structures in San Francisco Bay jurisdiction need to be constructed from inert materials including steel, untreated wood, or concrete. The proposed project will bring the bridge into compliance with these RWQCB requirements by removing the existing old creosote-treated piers that supported the old bridge and replacing them with new concrete structures that are more environmentally friendly. Removal of the existing old creosote-treated piers will occur in the dry portions of the construction area during the June- October work window, thus preventing creosote debris from entering the waterway. Overall, the installation of replacement concrete piles will have a beneficial long-term impact for fish habitat.

This NMFS-approved work window will avoid impacts to migrating fish. Although there is a potential for rearing steelhead to be present in the creek during construction, juvenile steelhead remain close to their spawning locations. CDFW has reported on steelhead juveniles in the lower American River remaining stationary until they leave altogether (Rob Titus, pers. comm). The fish in the American River grow very fast and leave in early fall; however, fish on the coast (e.g., Los Gatos Creek) usually grow slower and leave in the spring (March through June period).

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 52 Central Valley fall-run Chinook salmon spawn from late September to December, with peak spawning taking place during late October and November, when water temperatures decrease (Moyle 2002). Upon emergence, some juvenile Chinook salmon begin migration towards the ocean, while others remain in the stream for up to a year. The majority of fry migrate from Central Valley streams within a few days to a month (Snider and Titus 2000, William 2006). No historical accounts (before 1986) of Chinook salmon in southern San Francisco Bay watersheds are available (Jones & Stokes 2003). However, although there is no historical account of Chinook salmon migrating and spawning in the Guadalupe River, fall-run Chinook salmon are known to have occurred in the Guadalupe River over the past two decades.

SCVWD conducts steelhead redd (i.e., spawning nest) surveys on the creek and has had very few redd observations since 2003 (see Table IV-2). SCVWD also conducts Chinook salmon spawning surveys9, including carcass surveys and has had very few observations since 2002 (see Table IV-3 and Table IV-4). Few observations of steelhead and Chinook salmon, combined with the incorporation of Mitigation Measure BIO-01, will greatly reduce the potential for entrainment and stranding. Furthermore, the potential of rearing juvenile steelhead and Chinook salmon utilizing the habitat in the project study area is low due to poor habitat quality. Channel diversions will allow for unimpeded emigration downstream during in-water construction.

Table IV-2 Steelhead Redd Observations in Los Gatos Creek

Date of Observation1 Number of Steelhead Redds Observed February 19, 2003 1 March 5, 2003 1 February 9, 2005 1 March 27, 2007 1 March 13, 2009 1 May 3, 2011 1 1Survey extent is from Lincoln Avenue upstream to Leigh Avenue, beginning approximately 3,000 feet upstream of Auzerais Avenue. Surveys occur between October and April. The species that created the redds are not directly verified since the spawning fish are not always in the vicinity at the time of the survey. Source: J. Nishijima pers.comm (SCVWD)

Table IV-3 Chinook Salmon Observations in Los Gatos Creek1 Number of Chinook Date of Observation Live or Carcass Sex ID Salmon Observed October 25, 2002 Live 2 Undetermined November 21, 2002 Carcass 1 Male November 21, 2002 Live 8 Undetermined November 21, 2002 Live 3 Female November 21, 2002 Live 1 Male

9 Although there are accounts of redds and other evidence of Chinook salmon spawning in the Guadalupe River watershed, the current Chinook salmon population may be supported by strays wild or hatchery fish straying from the Sacramento–San Joaquin River system (HRG 1994; SCVWD 1997 as cited in ICF Jones & Stokes 2009) ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 53 Number of Chinook Date of Observation Live or Carcass Sex ID Salmon Observed December 6, 2002 Carcass 1 Female December 6, 2002 Carcass 1 Male December 6, 2002 Live 1 Female October 24, 2003 Live 1 Undetermined November 21, 2003 Live 1 Undetermined December 1, 2003 Live 2 Undetermined December 1, 2003 Live 2 Male November 2, 2004 Carcass 1 Female November 15, 2004 Live 1 Undetermined November 21, 2005 Live 1 Female November 21, 2005 Live 1 Male January 10, 2007 Live 1 Male January 10, 2011 Carcass 1 Female November 23, 2011 Live 1 Male November 27, 2012 Live 1 Undetermined 1Survey extent is from Lincoln Avenue upstream to Leigh Avenue. Surveys occur between October and April. The species that created the redds are not directly verified since the spawning fish are not always in the vicinity at the time of the survey. Source: J. Nishijima pers.comm (SCVWD)

Table IV-4 Chinook Salmon Redd Observations in Los Gatos Creek1 Number of Chinook Salmon Redds Date of Observation Observed October 25, 2002 1 November 21, 2002 8 December 6, 2002 1 November 12, 2003 1 December 1, 2003 1 November 15, 2004 2 December 14, 2004 1 December 7, 2005 1 October 13, 2008 1 December 4, 2008 1 December 22, 2009 2 January 10, 2011 3 1Survey extent is from Lincoln Avenue upstream to Leigh Avenue. Surveys occur between October and April. The species that created the redds are not directly verified since the spawning fish are not always in the vicinity at the time of the survey. Source: J. Nishijima pers.comm (SCVWD)

Therefore, this impact is less than significant with mitigation.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 54 Wildlife

Special-status wildlife species are either known to exist or could potentially occur in the study area based on their known distributions in the region and the habitats present in the study area. These species include:  California red-legged frog (CRLF; Rana draytonii) – federally listed as threatened; state species of special concern  western pond turtle (Actinemys marmorata) – state species of special concern  pallid bat (Antrozous pallidus) – state species of special concern  hoary bat (Lasiurus cinereus) – state ranking  Cooper’s hawk (Accipiter cooperi) – state ranking  Tricolored blackbird (Agelaius tricolo) – state species of special concern10

Activities associated with the proposed project could potentially impact special-status species individuals and/or their habitats. Project activities could directly injure or kill special-status species as a result of crushing or trampling by construction equipment. In addition, habitats for special-status species may be temporarily or permanently lost as a result of project activities. Project activities that occur in close proximity to occupied special-status species habitats (e.g., areas with occupied nests, roosts, burrows) could indirectly disturb individuals to the point where they abandon those habitats. If populations of these species and suitable habitat are limited locally and regionally, these impacts would be potentially significant. Implementation of pre-construction surveys and participation of construction personnel in a worker environmental awareness program will minimize potentially negative effects associated with construction activities.

With the implementation of Mitigation Measures BIO-01 through BIO-03, and BIO-09 described below in the Mitigation Measures section, potential impacts to special-status species will be avoided or reduced to a less than significant level. Therefore, this impact is less than significant with mitigation. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?

Ecologically important riparian habitat protected by the CDFW under Section 1600 of the California Fish and Game Code occurs within the study area. In addition, other special status natural communities designated by the CDFW11 may be present.

10 The potential for tricolored blackbird to occur in the segment of Los Gatos Creek within the study area is low; however, the Santa Clara Valley HCP/NCCP identifies riparian woodland and scrub as primary breeding habitat for this species. 11 Special status natural communities are communities that are of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects (CDFW 2009; 2010). ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 55 The proposed project will require clearing, grubbing, and grading to construct the temporary access pathways on both sides of the creek. Grading will temporarily remove 0.249 acres (10,850 square feet) of riparian habitat and approximately 0.203 acres (8,843 square feet) of creek habitat. The proposed project will result in a total of 0.474 acres of temporary impacts to riparian habitat and 0.088 acres of temporary impacts to creek habitat. Temporary impacts are typically associated with construction within the project limits. The permanent and temporary impacts of the proposed project are identified in Table IV-5 and Figure IV-2. Note that these calculations are based on 35 percent engineering design, and a worse-case scenario footprint was used in the determination of impacts to riparian habitat.

Table IV-5 Effects of the Proposed Project on Los Gatos Creek

Area in Area in Area in Total Area Riparian Area in Riparian Creek Item Description (Square Habitat Creek Habitat (Square Feet) (Square (Acre) (Acre) Feet) Feet) Existing Conditions Existing Bridge Fill - Piers 1,350 457 0.01 893 0.021 Existing Bridge Fill - Bents 167 167 0.004 0 0 Existing Bridge Fill - Abutment 2,190 1,992 0.046 0 0 Total Existing Fill 3,707 2,616 0.060 893 0.020 Existing Bridge Shade 4,129 3,230 0.074 899 0.021

Proposed Project New Bridge Fill - Piers 1,079 694 0.016 385 0.009 New Bridge Fill - Abutments 2,463 1,352 0.031 0 0 New Bridge Fill - Wingwalls 433 359 0.008 0 0 Riprap 2,038 362 0.008 1,676 0.038 Total Permanent Impacts 6,013 2,767 0.063 2,061 0.047 (New Fill) Grading 10,8500.249 8,843 0.203 Other Temporary Impacts 9,805 0.225 3,834 0.088 Total Temporary Impacts 20,655 0.474 12,677 0.291 New Bridge Shade 10,742 8,085 0.186 2,657 0.061

Net Increase in Fill 2,306 151 0.003 1,168 0.027 Net Increase in Shade Area 6,613 4,855 0.111 1,758 0.04

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 56 Figure IV-2 Permanent and Temporary Impacts of the Proposed Project on Biological Resources

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 57 Fill from the existing piers occupies 457 square feet (0.010 acres) of riparian habitat and 893 square feet (0.021 acres) of creek habitat. The new piers will increase the amount of fill in the riparian habitat by 0.006 acres and reduce the amount of fill in the creek by 0.012 acres. The existing abutments occupy 1,992 square feet (0.046 acres) of riparian habitat, and the new abutments will decrease the amount of fill in the riparian habitat by 0.015 acres, primarily because the new abutments will not be located in the creek. Construction of the bridge will result in the loss of some shaded riverine aquatic (SRA) habitat and streamside vegetation. Presently, fill associated with the existing bridge occupies 0.06 acres (2,616 square feet) of SRA/ streamside vegetation (i.e., riparian habitat), and the existing bridge shades approximately 0.074 acres (3,230 square feet) of riparian habitat. The installation of riprap will permanently remove an additional estimated 0.008 acres (362 square feet) of riparian habitat, and 0.038 acres (1,676 square feet) of creek habitat. With the construction of the proposed project, there will be a net increase of 0.003 acres (124 square feet) of fill in riparian habitat. The installation of riprap will also reduce upland habitat for the western pond turtle; however, it will increase the basking area for the species. Loss of riparian habitat will be mitigated either on- or off-site.

With the construction of the proposed project, riparian shaded area will increase by 0.111 acres and creek shading will increase by 0.04 acres. This shading may slightly alter potential juvenile salmonid foraging and rearing habitat; however, the area of shaded habitat is negligible compared to the amount of habitat present in the vicinity of the proposed project (both upstream and downstream), and will not impact the average daily temperature of the creek.

During final design, as design elements are refined, impacts to riparian habitat and the creek will be avoided and minimized to the extent practicable. Prior to construction, the project proponent will obtain any necessary permits from the USACE, RWQCB, and CDFW. All activities will occur in the dry season when fish are less likely to be present in the study area (i.e., in-water work window of June 15th through October 15th). Temporarily disturbed sections of Los Gatos Creek will be revegetated with native grasses and forbs local to the watershed. All elements of Mitigation Measures BIO-04, BIO-05, BIO-07, BIO-08 and BIO-10, described in the Mitigation Measures section below, are incorporated in the project to avoid and minimize impacts on riparian habitat and other sensitive natural communities. Therefore, this impact is less than significant with mitigation. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?

Wetlands and other waters of the U.S. are protected by the USACE under Section 404 of the CWA, waters of the state are protected by the RWQCB under the Porter-Cologne Control Act, and the beds and banks of streams, lakes, and ponds are protected by the CDFW under Section 1600 of the California Fish and Game code.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 58 Within the study area, Los Gatos Creek and its associated willow riparian forest and scrub habitats meet the criteria of sensitive natural communities as defined by CDFW. Los Gatos Creek is also a water of the U.S. subject to USACE, RWQCB, and CDFW jurisdiction.

A delineation of wetlands and other waters of the U.S. occurring within the study area was conducted in 2010 and updated in 2013, and has been submitted to the USACE for verification. All areas were assessed to the degree necessary to determine the presence or absence of jurisdictional waters of the U.S. in the study area. Potentially jurisdictional waters of the U.S. occupy a total of 0.87 acres within the study area. No wetland features were detected within the study area. The results of this delineation are preliminary until verified by the USACE.

A significant impact to waters of the U.S. occurs when there is a net loss of waters. The wetland delineation report identifies 0.87 acres of waters of the U.S. With the proposed project, there will be 0.255 acres of fill added to waters of the U.S. The proposed project will achieve a no-net loss of Waters of the U.S. through the required USACE, RWQCB, and CDFW permits that will require mitigation for the 0.255 acres of loss. The JPB will mitigate 0.255 acres of waters of the U.S. through an approved USACE mitigation bank (Mitigation Measure BIO-05 through BIO-07).

As Impact Item a states, removal of the existing old creosote-treated piers will occur in the dry portions of the construction area during the June-October work window, thus preventing creosote debris from entering the waterway.

Prior to construction, the project proponent will obtain any necessary permits from the USACE, RWQCB, and CDFW. Implementation of BMPs such as confining any clearing within the study area to the minimal area necessary to facilitate construction activities, and implementing a spill prevention and control plan will minimize potential impacts to wetlands and other sensitive habitats. All elements of Mitigation Measure BIO-05 through BIO-07, described in the Mitigation Measures section below, are incorporated into the project to avoid and minimize impacts on federally protected waters of the U.S. Therefore, this impact is less than significant with mitigation.

The current Los Gatos Creek Bridge has been stable for several years, but two factors may create channel instability: (1) sediment deficiency in Los Gatos Creek and, (2) flow volumes released at Lenihan Dam. The proposed new bridge and the position of its new piers has the potential to create additional erosional forces on the creek channel leading to increased scour along the upstream end of the western band at the new western pier location. The combination of increased release volumes from the dam and the increased extent of pier alignment may increase erosional stresses on the creek bed and banks. A combination of all or several measures, as described in Mitigation Measure BIO-06, will offset the scour effects of the new pier alignment. Therefore, this impact is less than significant with mitigation. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 59 Fisheries

The construction of the proposed project could temporarily disrupt the movement of fish species in Los Gatos Creek.

Although anadromous salmonids (i.e., Chinook salmon and steelhead) are highly migratory and capable of moving freely throughout Los Gatos Creek, a sudden localized increase in turbidity could affect normal behaviors that are essential to growth and survival, such as feeding, sheltering, and migrating (NMFS 2003). Behavioral avoidance of turbid waters may be one of the most important effects of suspended sediments (Birtwell et al. 1984; Devore et al. 1980; Scannell 1988). Additional turbidity-related effects associated with behavioral changes could include disruption of feeding behaviors, which increases the likelihood that individual fish may face increased competition for food and space and may experience reduced growth rates or possible weight loss (NMFS 2003).

The flow of Los Gatos Creek will never be impeded during construction. As described in the project description, the flow will be temporarily rerouted through pipes or channels during the two in-water work windows (June 15th through October 15th); therefore, the upstream or downstream migration of fish will not be impeded, making likelihood of entrainment or stranding low. In addition, incorporation of Mitigation Measure BIO-01 will further reduce the potential impact to less than significant. Therefore, this impact is less than significant with mitigation (See Mitigation Measure BIO-01).

Wildlife Movement Corridors and Native Wildlife Nursery Sites

Within the study area, the natural riparian habitats and Los Gatos Creek may function as pathways for terrestrial wildlife movement allowing animals to move around more developed portions of the study area (e.g., parking lot, roadways). Project activities are expected to temporarily impact wildlife movement in these areas. Noise and disturbance associated with construction activities may cause species that commonly use the Los Gatos Creek habitats to temporarily avoid dispersal through the study area. These effects will be temporary, and once construction activities are complete, wildlife movement conditions will be similar to pre-existing conditions.

Implementation of the proposed project may potentially impact raptors and other migratory birds, including swallows and black phoebes, if they are to establish nests in or adjacent to the study area prior to construction. Construction activities in the vicinity of an active nest may result in nest abandonment by adult birds or forced fledging of young. With the implementation of avoidance and minimization measures, such as installation of exclusionary netting and monitoring an established nest, impacts are expected to be reduced to a less than significant level. Mitigation Measure BIO-09, as described in the Mitigation Measures section below, is incorporated into the project to avoid interfering with the movement of any native resident or migratory fish or wildlife species, to minimize negative impacts to established native resident or migratory wildlife corridors, and to avoid impeding fish use of native wildlife nursery sites. Therefore, this impact is less than significant with mitigation.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 60 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?

Trees

Site development will require contour grading to enable access for construction equipment and provide staging for the installation of the piers and bridge abutments. Grading will require temporary removal of approximately 0.365 acre of riparian vegetation during the period of construction, which is anticipated to be two years. Construction of the proposed project may result in adverse impacts to or removal of protected trees.

Ordinance trees are defined based on the applicable local ordinance (e.g., San Jose Municipal Code and California Fish and Game Code), unless an agreement between the JPB and a municipality states otherwise. Often, ordinance trees must meet a minimum size requirement.

Ordinance-sized trees may occur in the study area, such as within riparian habitat along Los Gatos Creek, including areas where tree removal will be necessary for grading for temporary access pathways or other construction activities, such as the placement of fill. Therefore, project activities could result in the permanent loss of ordinance-sized trees. This impact is considered potentially significant because it could result in permanent losses of ecologically valuable trees.

As described in Mitigation Measure BIO-10, prior to construction a certified arborist will assess the trees with the potential to be affected by the proposed project and steps outlined below in Mitigation Measure BIO-10 will be followed. Therefore, this impact is less than significant with mitigation. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?

Six local partners (the County of Santa Clara, VTA, SCVWD, and the Cities of San Jose, Gilroy and Morgan Hill) and two wildlife agencies (CDFW and USFWS) have prepared a multi-species Habitat Conservation Plan (HCP; federal) and Natural Communities Conservation Plan (NCCP; state of California) titled the Santa Clara Valley HCP/NCCP. The study area of the recently completed Santa Clara Valley HCP/NCCP primarily covers southern Santa Clara County, which includes the City of San Jose with the exception of the bayland areas. The HCP/NCCP addresses listed species and species that are likely to become listed during the plan's 50-year permit term. The project study area is located within the boundaries of the document; however, recommended mitigation has been included in the proposed project and project activities will be consistent with the preliminary conservation objectives of the HCP/NCCP.

In addition to Section 7 consultation with USFWS, the JPB will participate in the Santa Clara Valley HCP/NCCP by executing a ““Participating Special Entity” agreement to mitigate for potential impacts to Los Gatos Creek and CRLF.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 61 Avoidance and minimization measures listed in Table 6-2 of the Santa Clara Valley HCP/NCCP (and identified in Mitigation Measure BIO-11 below) will apply to the proposed project, as required by the USFWS, because this creek may provide habitat for covered species. Therefore, this impact is less than significant with mitigation.

Mitigation Measures

The following mitigation measures, identified in the impact discussion above, are required with implementation of the proposed project.

 Mitigation Measure BIO-01. The conservation measures to avoid and/or minimize potential impacts to federally-listed species, as identified in the NMFS and USFWS Biological Assessment (HDR 2013), are required with implementation of the proposed project.

 Mitigation Measure BIO-02. The JPB will implement the following measures to avoid and/or minimize impacts to the western pond turtle: o Pre-construction surveys for western pond turtle will be conducted within the study area by a CDFW approved biologist12 prior to the initiation of construction activities. If western pond turtle is found in the study area during pre-construction surveys, CDFW will be notified within 72 hours to determine the appropriate measures to prevent impacts to the species. o A qualified biologist8 will be present during initial construction activities within Los Gatos Creek and during any dewatering activities. If any western pond turtle are observed in the construction area, including any dewatered areas, they will be captured and relocated to an appropriate location up or downstream of the construction area. The qualified biologist will have the authority to stop construction until the western pond turtle can be safely relocated. o Construction personnel will participate in a worker environmental awareness program. A qualified biologist will inform all construction personnel about the life history of western pond turtle and its potential presence in the project study area, and explain the state laws pertaining to protecting this species and its habitat.

 Mitigation Measure BIO-03. The following mitigation measure will be implemented to avoid and minimize impacts to pallid and hoary bats: o Pre-construction bat surveys shall be conducted to inspect the undersides of the bridges and potential roost trees in the study area for roosting bats within 72 hours prior to commencement of construction. If no roosting bats are found, no further mitigation shall be necessary. o If bats are detected roosting within the study area at the time of construction, excluding any bats from roosts shall be accomplished by a bat specialist prior to

12 The CDFW approved biologist/qualified biologist will be provided by the JPB-supplied contractor. ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 62 the onset of any construction activities. Exclusionary devices such as plastic sheeting or plastic or wire mesh can be used to allow bats to exit but not re-enter any occupied roosts. Expanding foam and plywood sheets can be used to prevent bats from entering unoccupied roosts. Exclusionary devices shall be removed upon completion of construction o If construction activities in the vicinity of potential roosting sites stop for a period of over two weeks, surveys shall be conducted again prior to re-starting construction activities. o Additional bat boxes may be installed along Los Gatos Creek at the discretion of the project proponent to provide alternate roost sites for any bats displaced by construction activities.

 Mitigation Measure BIO-04. The JPB will implement the following mitigation measures to ensure no-net loss of habitat and reduce impacts to riparian habitat to a less than significant level: o SRA habitat or natural woody riparian habitat will be avoided or preserved to the maximum extent practicable. Any disturbed riparian vegetation will be replanted with native trees and shrubs, with appropriate irrigation, care, and monitoring to ensure that healthy riparian and SRA habitat is fully established. Successful replanting is measured as 100 percent or greater replacement of original habitat function within 10 years. A 10-year monitoring period will be implemented. o Consistent with the San Jose Municipal Code, California Fish and Game Code, and Santa Clara Valley HCP/NCCP, the JPB will mitigate for riparian trees removed during construction through onsite or offsite mitigation, payment of in- lieu fees, or a combination of both. Compensation calculations for riparian trees through in-lieu fees will be determined at the permanent impact level through the Santa Clara Valley HCP Riparian Corridor Policy. o The JPB will develop a restoration plan to identify areas within or adjacent to the project site and within the broader Los Gatos Creek watershed as potential target areas for bank stabilization, in-stream restoration/enhancement, and riparian restoration/enhancement.  Mitigation Measure BIO-05. The following BMPs will be incorporated by the JPB into project design contracts to protect sensitive habitats: o Clearing within the project site will be confined to the minimal area necessary to facilitate construction activities. To ensure that construction equipment and personnel do not affect sensitive aquatic or terrestrial habitat identified within or adjacent to the project boundary, orange barrier fencing will be erected to clearly delineate the habitat to be avoided (environmentally sensitive areas). o Standard construction BMPs will be implemented throughout construction in order to avoid and minimize adverse effects to creek water quality within the project site. Appropriate erosion control measures will be used (e.g., hay bales,

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 63 filter fences, vegetative buffer strips or other accepted equivalents) to reduce siltation and manage contaminated runoff from the project site. An erosion control plan will be prepared and implemented throughout construction. o All disturbed soils will undergo erosion control treatment prior to October 15th and/or immediately after construction is terminated. Any disturbed soils on a gradient of over 30 percent will have erosion control blankets installed. o Upon completion of construction, temporarily disturbed sections of Los Gatos Creek will be revegetated with native grasses and forbs local to the watershed. o Construction by-products and pollutants such as petroleum products, chemicals, or other deleterious materials will not be allowed to enter into Los Gatos Creek. A plan for the emergency clean-up of any spills of fuel or other materials will be available to workers when construction equipment is in use. o Equipment will only be re-fueled and serviced at designated construction staging areas. All construction material and fill will be stored and contained in a designated area that is located away from channel areas to prevent transport of materials into adjacent streams. The preferred distance is 100 feet from the wetted width of Los Gatos Creek; however, if a location closer than 100 feet is required (due to ROW) a designated staging area will be established. A stormwater berm will be constructed around the staging area to prevent any stormwater or runoff from entering the creek. In addition, a silt fence will be installed to collect any discharge, and adequate materials will be available for spill clean-up and storm events. o Construction vehicles and equipment will be appropriately maintained to prevent contamination of soil or water from all sources of hydraulic fluid, fuel, oil, and grease. o Building materials storage areas containing hazardous or potentially toxic materials such as herbicides and petroleum products will be located outside of the 100-year flood zone and will have an impermeable membrane between the ground and the hazardous material, along with surrounding berms to prevent the discharge of pollutants to groundwater and surface runoff water.

 Mitigation Measure BIO-06. To offset the scour effects of the new pier alignment, the JPB will incorporate one or more of the following mitigation measures: o Bank slope enhancements to include: . Install rock toe slope/brush revetment along the western bank. The primary objective of placing a longitudinal stone toe with brush revetment is to stabilize the site. Using only rock provides scour protection but will also increase water velocity. However, adding the brush revetment adds a frictional coefficient which will slow water velocity. Addition of woody material to the top and within rock revetment provides an element of self- mitigation for loss of EFH and SRA habitat and serves to increase structure

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 64 within the creek, enhancing rearing habitat for juvenile steelhead and Chinook salmon. . Install Geotechnical Armoring to incorporate environmental enhancements of the rock slope protection. . Install terrace wall with riparian plantings. This option includes terracing the western bank of Los Gatos Creek for riparian planting. . Cable-attach large woody debris upstream and downstream of bridge. . Bury rock slope protection which involves burying a boulder with a minimum of one foot soil cover for riparian plantings. Jute netting is installed for primary bank stabilization while riparian plants take hold. The buried rock provides the slope protection and the soil cover provides a natural substrate to more closely resemble a natural condition. o Install rock weir downstream of the project site to provide hydrologic control, including the reduction of water velocities and minimization of scour affects. More specifically, a weir will stabilize a possible riffle under the bridge, improve pool habitat downstream, and maintain or improve upstream fish passage conditions under a wider range of flows. A weir provides protection against sediment incision, but will also allow sediment to move downstream past the weir during high flow conditions. If the balance of hydraulic forces and upstream sediment supply changes so that riffle-gravel sediment decreases, then the slope of the riffle will decrease, which will increase the stability of the remaining gravel. If too much riffle-gravel sediment accumulates at the riffle crest, then the slope of the riffle will increase, which increase the mobility of the accumulated gravel. If this mitigation measure option is chosen, the design of a weir will be coordinated with the NMFS, CDFW, and the San Francisco RWQCB.

 Mitigation Measure BIO-07. The JPB will mitigate 0.255 acres of waters of the U.S. through an approved USACE mitigation bank. In addition, emergent and submergent vegetation will be retained where feasible. Rapidly sprouting plants, such as willows, will be cut off at ground level and root systems left intact, when removal is necessary.

 Mitigation Measure BIO-08. The project proponent will implement the following measures to avoid and/or minimize spread of invasive plant species: o Areas along the banks of Los Gatos Creek will be identified for exotic vegetation (i.e., giant reed, bamboo, etc.) removal. The removal of exotic vegetation will help restore native vegetation along the banks of Los Gatos Creek. Additional plantings of native riparian species will contribute to the overall increase in native riparian and SRA habitat. o The landscaping and erosion control included in the project will not use species listed as noxious weeds.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 65 o All equipment and vehicles will be thoroughly cleaned to remove dirt and weed seeds prior to being transported or driven to or from the study area. o Any borrow sites or stockpile areas will be inspected for the presence of noxious weeds or invasive plants. o If noxious weeds or invasive plants are present at borrow sites or stockpile areas, the contractor will remove approximately five inches of surface material from the site before extracting and transporting fill to the project site.

 Mitigation Measure BIO-09. The JPB will implement the following measures to avoid and/or minimize impacts to nesting raptors and other migratory birds: o If construction begins during the typical breeding season for raptors and migratory birds (February 15 to September 15), pre-construction surveys will be conducted by a qualified biologist within 72 hours prior to commencement of construction to determine presence/absence of nests in and within 500 feet of the study area. If no nests are found during the survey, no further actions will be necessary. If nests are found, CDFW will be consulted to determine the appropriate avoidance measures. If construction begins outside of the breeding season, no pre-construction surveys are necessary. o If active nests are identified during the pre-construction surveys, they will be protected during the breeding season while the nest is occupied with adults and/or young. The occupied nest will be monitored by a qualified biologist to determine when the nest is no longer in use. Protection will include the establishment of a no-disturbance buffer around the nest and highly visible temporary construction fencing will delineate the identified buffer zone. No construction will occur within this buffer zone unless approved by CDFW. o If construction activities are temporarily suspended for two weeks or more during the nesting season, then a new pre-construction survey will be conducted prior to the re-initiation of construction activities. o Construction personnel will participate in a worker environmental awareness program. A qualified biologist (provided by a JPB-supplied contractor) will inform all construction personnel about the life history of the species and its presence in the project study area, and explain the state laws pertaining to protecting this species and its habitat.

The following additional avoidance and minimization measures will be incorporated if nesting swallows and black phoebes are identified in the project study area. Swallows and black phoebes are expected to attempt to establish nests and/or occupy existing nests under the bridges in the study area prior to construction. The following measures will be followed to prevent impacts to bridge-nesting swallows or black phoebes, or any other migratory birds: o All existing unoccupied swallow and black phoebe nests found on the undersides of the bridges will be removed prior to February 15 of the construction year. ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 66 o Exclusionary netting will be installed around the undersides of the bridges before February 15 of the construction year to prevent new nests from being formed. Netting will remain in place until the end of the typical nesting season (September 15) or the completion of construction activities, whichever is first. o The contractor will be responsible to provide monitoring of the exclusionary netting to ensure that no birds or other species are trapped and that netting remains intact for duration of construction that falls within the typical nesting season. If an entrapment is identified, a qualified biologist (provided by the contractor) will be immediately called in to free the animal safely.

The following mitigation measures will be implemented to avoid and/or minimize impacts to the tricolored blackbird:

o If construction is scheduled to start during the breeding season (February 15 to September 15), pre-construction surveys for tricolored blackbird will be conducted within the study area by a JPB-supplied and CDFW-approved biologist. If tricolored blackbird nesting colonies are found in the study area during pre-construction surveys, CDFW will be notified within 72 hours to determine the appropriate measures to prevent impacts to the species. Monitoring methods as described in the Santa Clara Valley HCP/NCCP will be followed for tricolored blackbird.

o A qualified biologist provided by a JPB-supplied contractor will be present during initial grading and earthwork activities within Los Gatos Creek. Reporting requirements for tricolored blackbird will follow the Santa Clara Valley HCP/NCCP.

 Mitigation Measure BIO-10. The JPB will conduct the following mitigation measures to identify protected trees within the study area: o Prior to construction a certified arborist will assess the trees with the potential to be affected by the proposed project and will draft a report including information on location, size, and health of each tree. If a heritage tree over 56 inches in circumference will be impacted by the proposed project, a tree permit will be obtained from the City of San Jose and the trees will be replaced at a minimum 1:1 ratio or as required within the provisions of the tree permit. If the proposed project results in impacts to riparian trees, replacement will occur in accordance with the Streambed Alteration Agreement to prevent loss of wildlife habitat along Los Gatos Creek. o Consistent with the San Jose Municipal Code, California Fish and Game Code, and Santa Clara Valley HCP/NCCP; the JPB will mitigate for riparian trees that are removed during construction either through onsite or offsite mitigation, through payment of in-lieu fees, or a combination of both. Compensation of riparian trees through in-lieu fees will be mitigated through the Santa Clara Valley HCP Riparian corridor Policy at the permanent impact level. In addition, the JPB ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 67 will mitigate for the Los Gatos Creek riparian corridor by: Planting riparian planting in temporarily disturbed sections of the project; o Develop an exotic vegetation removal plan for areas along the banks of Los Gatos Creek. The removal of exotic vegetation (i.e., giant reed, bamboo, etc.) will help restore native vegetation along the banks of Los Gatos Creek. Additional plantings of native riparian species will contribute to the overall increase in riparian and SRA habitat. o Enhance bank slopes to reduce potential scour impacts, and o Contribute funds to additional in-stream program for the Los Gatos Creek watershed, such as funding the SCVWD in-stream programs and Santa Clara County Parks for habitat restoration.

 Mitigation Measure BIO-11. The applicable avoidance and minimization measures listed in Table 6-213 of the Santa Clara Valley HCP/NCCP will apply to Los Gatos Creek, because this creek may provide habitat for covered species.

13 Santa Clara Valley HCP/NCCP Aquatic avoidance minimization measures: http://www.scv- habitatplan.org/www/Portals/_default/images/default/Final%20Habitat%20Plan/Ch_06_Conditions.pdf

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 68 V. CULTURAL RESOURCES: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries?

In accordance with CEQA Guidelines, cultural resources investigations are necessary to identify historical resources, which are defined as any prehistoric or historical site, building, structure, or object that may be listed in, or determined eligible for listing in, the California Register of Historical Resources (CRHR) or local register of historical resources.

A resource may be eligible for inclusion in the CRHR if it:  Is associated with events that have made a significant contribution to the broad patterns of California’s history and cultural heritage (Criterion 1);  Is associated with the lives of persons important in our past (Criterion 2);  Embodies the distinctive characteristics of a type, period, region, or method of construction or represents the work of an important creative individual or possesses high artistic values (Criterion 3); or  Has yielded, or may be likely to yield, information important in prehistory or history (Criterion 4).

According to CEQA, a project may have a significant impact on the environment if it could cause a substantial adverse change in the significance of a historical resource (14 CCR 15064.5[b]). CEQA further states that a substantial adverse change in the significance of a historical resource means the physical demolition, destruction, relocation, or alteration of the resource or its immediate surroundings such that the significance of the historical resource would be materially impaired. Actions that would materially impair the significance of historical resources are any actions that would significantly alter the physical characteristics of historical resources that convey their historical significance and qualify it for inclusion in the CRHR or in a local register that meet the requirements of PRC 5020.01(k) and 5024.1(g).

The following goals from the City of San Jose General Plan (Envision San Jose 2040) also pertain to the proposed project: ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 69 Goal ER-10 – Archaeology and Paleontology: Preserve and conserve archaeologically significant structures, sites, districts and artifacts. Goal LU-13 – Landmarks and Districts: Preserve and enhance historic landmarks and districts in order to promote a greater sense of historic awareness and community identity and contribute toward a sense of place. Goal LU-14 – Historic Structures of Lesser Significance: Preserve and enhance historic structures of lesser significance (i.e., Structures of Merit, Identified Structures, and particularly Historic Conservation Areas) as appropriate, so that they remain as a representation of San José’s past and contribute to a positive identity for the City’s future.

Environmental Setting

The potential for historical architecture, archaeological, and Native American cultural resources located within the project area is discussed below.

Historic Architecture Resources

In July 2013, a Historical Resources Inventory and Evaluation Report (HRIER) was prepared to evaluate the historic buildings, structures, and objects located within the study area for the Los Gatos Creek Bridge Replacement project. The Area of Potential Effects (APE) for historic architecture was established for the Los Gatos Creek Bridge Replacement project largely based upon the existing railroad ROW within which Caltrain operates, extending outward to include adjacent parcels where the project footprint will extend beyond the existing ROW. The APE encompasses the Los Gatos Creek Railroad Bridge; the San Carlos Street Overpass; Ross Tire & Automotive Building on Auzerais Avenue; Orchard Supply Hardware (OSH) on San Carlos Street; and a fragmentary remnant wall associated with the demolished Del Monte Plant #3, a former cannery which once stood directly west of the project area.

Los Gatos Creek Railroad Bridge

Los Gatos Creek Railroad Bridge (Mile Post (M.P.) 47.95) was constructed in 1935 and was previously evaluated in 2000 for the Caltrain Electrification Project. The evaluation of the bridge in 2000 concluded it was not eligible for listing in the NRHP or CRHR, and the State Historic Preservation Office (SHPO) concurred with this finding in 2002. The bridge is generally associated with the Southern Pacific’s San Jose bypass project of the 1930s, but it is not a significant representative within that historic context. The 2013 HRIER found that the structure remains ineligible for listing in either the NRHP or CRHR.

San Carlos Street Overpass

The San Carlos Street Overpass (M.P. 47.89) was constructed in about 1932. The bridge was documented in 1992 on a Historic Resources Inventory Form, although the form did not fully evaluate the property under the NRHP or CRHR criteria. Subsequently, the bridge was evaluated as part of the Caltrain Electrification Project in 2000 and determined to be ineligible for listing in the NRHP and CRHR, and is therefore not a historical resource for the ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 70 purposes of CEQA. Like the Los Gatos Creek Bridge, the bridge is generally associated with the Southern Pacific’s San Jose bypass project of the 1930s, but it is not a significant representative within that historic context.

Ross Tire & Automotive

Ross Tire & Automotive, located at 741-755 Auzerais Avenue, was built in 1957 as a tire repair shop named “Tire Recap.” The commercial building at the site was constructed during the post-war expansion of San Jose, in a period when residential, commercial, and light industrial development was rapidly changing San Jose from a primarily agricultural town to a diversified hub of the metropolitan Bay Area. The property was inventoried and evaluated in the 2013 HRIER and was found to be ineligible for listing in the NRHP or CRHR because of a lack of significance.

Orchard Supply Hardware

Orchard Supply Hardware (OSH) is a large commercial complex at 720 West San Carlos Street that was constructed in 1946. The location was the third that was developed by the company, which had initially been established as a farmer’s cooperative called “Orchard Supply” in a rented warehouse on Bassett Street in Central San Jose in 1931. The property was inventoried and evaluated as part of this study and was found to be ineligible for listing in the NRHP or CRHR because of a lack of significance. While the property is generally associated with this social, demographic, and economic transition of San Jose, as a modest and altered commercial facility it does not possess any direct associations that merit recognition within this context.

Del Monte Plant # 3 Remnant Wall

A remnant wall associated with the Del Monte Plant # 3 (demolished in 2006) is located immediately south of Dupont Street and just south of the elevated San Carlos Street Overpass. The wall currently stands as a decorative landscape feature in a modern townhome development that was constructed following the demolition of the cannery. This remnant commemorative feature was found by this study to be ineligible for listing in the NRHP or CRHR because of a lack of significance and integrity. As a physical remnant of the demolished cannery, the salvaged wall from Del Monte Plant #3 no longer conveys its potential historic significance and does not retain integrity of location, design, setting, workmanship, feeling, or association.

Archaeological Resources

In July 2013, an Archaeological Survey Report (ASR) was prepared to identify and analyze the potential of encountering archaeological sites that are buried beneath the modern ground during project construction. The APE for archaeology is defined as the project construction limits. The APE is considered sensitive for buried sites; however, no previously documented archaeological cultural resources were identified in the project area.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 71 Native American Consultation

In 2008 and 2013, the Native American Heritage Commission and eight individuals listed by the commission as interested parties were contacted and asked whether they had any information regarding the Los Gatos Creek area. The Native American parties contacted did not have any knowledge of cultural resources within the project area.

Impact Discussion a. Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5?

As documented in the Historic Resources Inventory and Evaluation Report (JRP, 2013), there are no historic resources meeting the criteria of §15064.5 in the Area of Potential Effect (APE). Therefore, there is no impact. b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?

No documented archaeological resources are present in the APE (see the Archaeological Survey Report, Far Western, 2013). The majority of ground disturbance associated with construction of the project will be near the surface, in modern fill/disturbed settings that have limited likelihood of disturbing previously undocumented archaeological sites. Disturbance of natural sediments considered sensitive for archaeological resources will be limited to the placement of new bridge piles (in locations within the active railroad corridor that cannot be studied safely). Given the absence of previously recorded cultural resources within the project APE, the impact to archaeological resources is less than significant. c. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?

There are no known paleontological resources, sites, or unique geologic features within the area of proposed disturbance. If previously unidentified cultural materials are unearthed during construction, work will be halted in that area until a qualified archaeologist can assess the significance of the find. Therefore, there is a less than significant impact. d. Disturb any human remains, including those interred outside of formal cemeteries?

There are no known human burials or remains within the area of proposed disturbance. If previously unidentified cultural materials are unearthed during construction, work will be halted in that area until a qualified archaeologist can assess the significance of the find. Therefore, there is a less than significant impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 72 VI. GEOLOGY AND SOILS: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:

i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42? ii) Strong seismic ground shaking?

iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?

The geotechnical characteristics of a project site determine its potential for structural and safety hazards that could occur during construction and/or operation of a proposed project.

The Seismic Hazards Mapping Act (the Act) of 1990 (Public Resources Code, Chapter 7.8, Division 2) directs the California Department of Conservation (DOC), Division of Mines and Geology (DMG) to delineate Seismic Hazard Zones. The purpose of the Act is to reduce the threat to public health and safety and to minimize the loss of life and property by identifying and mitigating seismic hazards. The Act requires that site-specific geotechnical investigations be performed prior to permitting most urban development projects within seismic hazard zones.

The Alquist-Priolo Special Studies Zone Act of 1972 is directed at areas identified by the California State Geologist as having active surface fault ruptures. It is a regulatory prohibition to build across a surface fault rupture of active faults. The Act addresses earthquake safety in

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 73 building permits and subdivision procedures by requiring project applicants to submit a registered geologist’s report describing the potential for on-site surface rupture.

The following goals from the City of San Jose General Plan (Envision San Jose 2040) pertain to the proposed project: Goal EC-3 – Seismic Hazards: Minimize the risk of injury, loss of life, property damage, and community disruption from seismic shaking, fault rupture, ground failure (liquefaction and lateral spreading), earthquake-induced landslides, and other earthquake-induced ground deformation. Goal EC-4 – Geologic and Soil Hazards: Minimize the risk of injury, loss of life, and property damage from soil and slope instability including landslides, differential settlement, and accelerated erosion.

Environmental Setting

Regional Geology

The Los Gatos Creek Bridge is located within the Coast Ranges geomorphic province. Northwest trending mountain ranges and intervening valleys characterize the province. Santa Clara Valley is underlain at depth by bedrock of the Mesozoic and Early Tertiary Franciscan Assemblage, consisting of a complex of sedimentary, igneous, and metamorphic rocks mixed together in a subduction zone and uplined to their present positions. Overlying the Franciscan Assemblage are sedimentary and volcanic deposits of Tertiary age and surficial deposits including alluvium, Bay Mud, and man-placed fill.

Soils

The site soils generally consist of a 2.5- to 7-foot depth of till on top of clayey sands, sandy clays, and poorly graded sand and gravels. The sands and gravels are generally medium dense to very dense in consistency. Clays are generally medium stiff to very stiff. The soils around the creek channel are predominantly sandy clay and clayey or silty sands.

Seismicity

The project site is located within the seismically active San Francisco Bay Region, designated as Seismic Activity Zone 4, the most seismically active zone in the United States. However, the project site is not within a defined Alquist-Priolo Earthquake Fault Zone. The nearest active faults to the project area are the San Jose fault (two miles west) and the Silver Creek fault (2.2 miles east).

Liquefaction-induced ground failure historically has been a major cause of earthquake damage in northern California. According to the Seismic Hazard Zones Map (San Jose West Quadrangle, California Division of Mines and Geology, 2002), the project area lies within an area where historic occurrence of liquefaction, or local geological, geotechnical, and groundwater conditions indicate a potential for permanent ground displacements.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 74 Impact Discussion a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving:

i. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42?

The project site is not located in a designated Alquist-Priolo Earthquake Fault Zone and the nearest known active faults (San Jose fault and Silver Creek fault) are located two miles or more from the project site. Additionally, with seismic design parameters included in the project, the potential impacts are less than significant.

ii. Strong seismic ground shaking?

The nearest known active fault is located two miles from the project site. Additionally, with seismic design parameters included in the project, the potential seismic ground shaking impacts are less than significant.

iii. Seismic-related ground failure, including liquefaction?

According to the Seismic Hazard Zones Map (San Jose West Quadrangle, California Division of Mines and Geology, 2002), the project area lies within an area where historic occurrence of liquefaction, or local geological, geotechnical, and groundwater conditions indicate a potential for permanent ground displacements. The potential for seismic-related ground failure is present at the project site, but the proposed bridge replacement will not increase the potential for exposing people or structures to seismic related ground failure, including liquefaction. Moreover, with seismic design parameters included in the project, the potential ground failure impacts due to liquefaction are less than significant.

iv. Landslides?

The site is well removed from any steep slopes that could reasonable affect the site. The project area is outside of the seismic landslide hazard zones maps published by the California Geologic Survey. Therefore, impacts associated with landslides are less than significant. b. Result in substantial soil erosion or the loss of topsoil?

Temporary soil disturbance will occur during project construction; however the proposed project will not result in substantial soil erosion or loss of topsoil. All disturbed areas will be treated with approved BMPs as construction is completed or prior to the onset of fall storms. In addition, construction projects resulting in the disturbance of 1.0 acre or more are required to obtain a

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 75 National Pollutant Discharge Elimination System (NPDES) permit issued by the Regional Water Quality Control Board (RWQCB). The project’s construction contractor will be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) that identifies BMPs to limit the soil erosion during project construction. Adherence during construction to provisions of the NPDES permit and applicable BMPs contained in the SWPPP will ensure that potential impacts related to this issue are less than significant. c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?

The proposed project will not be located on any unstable soil or geologic units subject to landslide, lateral spreading, subsidence, or collapse. Therefore, there is no impact. d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?

Based on the results of the 2009 Mactec borehole logging and laboratory testing performed for the project, the expansion potential for surficial soils at the project site is very low. Therefore, there is no impact. e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?

There are no septic tanks or wastewater disposal systems associated with the project. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 76 VII. GREENHOUSE GAS EMISSIONS: Potentially Less Than Less Than No Impact Significant Significant Significant Would the project: Impact with Impact Mitigation a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?

With the passage of several pieces of legislation including State Senate and Assembly Bills and Executive Orders, California launched an innovative and pro-active approach to dealing with greenhouse gas emissions and climate change.

Assembly Bill 1493, Pavley. Vehicular Emissions: Greenhouse Gases, 2002: This bill requires the California Air Resources Board to develop and implement regulations to reduce automobile and light truck greenhouse gas emissions. These stricter emissions standards were designed to apply to automobiles and light trucks beginning with the 2009-model year. In June 2009, the United States Environmental Protection Agency Administrator granted a Clean Air Act waiver of preemption to California. This waiver allowed California to implement its own greenhouse gas emission standards for motor vehicles beginning with model year 2009. California agencies will be working with federal agencies to conduct joint rulemaking to reduce greenhouse gas emissions for passenger cars model years 2017-2025.

Executive Order S-3-05: Signed on June 1, 2005, by former Governor Arnold Schwarzenegger, the goal of this Executive Order is to reduce California’s greenhouse gas emissions to: 1) year 2000 levels by 2010, 2) year 1990 levels by 2020 and 3) 80 percent below the year 1990 levels by the year 2050. In 2006, this goal was further reinforced with the passage of Assembly Bill 32.

Assembly Bill 32, the Global Warming Solutions Act of 2006 Núñez and Pavley: Assembly Bill 32 sets the same overall greenhouse gas emissions reduction goals as outlined in Executive Order S-3-05, while further mandating that the California Air Resources Board create a scoping plan, which includes market mechanisms, and implement rules to achieve “real, quantifiable, cost-effective reductions of greenhouse gases.”

Executive Order S-01-07: Signed on October 18, 2006 by former Governor Arnold Schwarzenegger, Executive Order S-01-07 further directs state agencies to begin implementing Assembly Bill 32, including the recommendations made by the State’s Climate Action Team.

Executive Order S-01-07: Signed on January 18, 2007 by former Governor Arnold Schwarzenegger, Executive Order S-01-07 set forth the low carbon fuel standard for

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 77 California. Under this Executive Order, the carbon intensity of California’s transportation fuels is to be reduced by at least ten percent by the year 2020.

Senate Bill 97 (Chapter 185, 2007): This bill required the Governor's Office of Planning and Research to develop recommended amendments to the California Environmental Quality Act Guidelines for addressing greenhouse gas emissions. The amendments became effective on March 18, 2010.

An individual project does not generate enough greenhouse gas emissions to significantly influence global climate change. Rather, global climate change is a cumulative impact. This means that a project may contribute to a potential impact through its incremental change in emissions when combined with the contributions of all other sources of greenhouse gas emissions.14 In assessing cumulative impacts, it must be determined if a project’s incremental effect is “cumulatively considerable” (California Environmental Quality Act Guidelines sections 15064(h)(1) and 15130). To make this determination the incremental impacts of the project must be compared with the effects of past, current, and probable future projects. To gather sufficient information on a global scale of all past, current, and future projects in order to make this determination is a difficult if not impossible task.

The Assembly Bill 32 Scoping Plan mandated by Assembly Bill 32 contains the main strategies California will use to reduce greenhouse gas emissions. As part of its supporting documentation for the Draft Scoping Plan, the California Air Resources Board released the greenhouse gas emissions inventory for California (forecast last updated: October 28, 2010). The forecast is an estimate of the emissions expected to occur in the year 2020 if none of the foreseeable measures included in the Scoping Plan were implemented. The base year used for forecasting emissions is the average of statewide emissions in the greenhouse gas emissions inventory for 2006, 2007, and 2008.

Impact Discussion a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?

Long-Term Operation Impact

The proposed project involves replacement of an existing railroad bridge and will not directly or indirectly increase freight or passenger train traffic. In addition, the operational characteristics (speed, idling etc.) of the existing train traffic will not change. Therefore, the total quantity of diesel locomotive-related greenhouse gas emissions in the project area will not change. There will be no impact on operational greenhouse gas emissions and the BAAQMD 2010 significance threshold of 1,100 metric tons CO2-equivelent per year (for development projects) will not be exceeded. During use, the increased operational flexibility provided by the tail track could have

14 This approach is supported by the AEP: Recommendations by the Association of Environmental Professionals on How to Analyze GHG Emissions and Global Climate Change in CEQA Documents (March 5, 2007), as well as the SCAQMD (Chapter 6: The CEQA Guide, April 2011) and the US Forest Service (Climate Change Considerations in Project Level NEPA Analysis, July 13, 2009). ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 78 minor beneficial effects on Caltrain emissions at the regional level. Emissions could be reduced because of the ability to route trains around problems, reducing idling. In addition, the project is supportive of Caltrain electrification, which will reduce long-term greenhouse gas emissions from commuter rail operations. Therefore, there is no impact on greenhouse gas emissions in the long-term and no mitigation is required.

Temporary Construction Impact

The proposed project will result in greenhouse gas emissions temporarily during the approximately 24-month construction period. The approximate magnitude of construction emissions was estimated using the Sacramento Metropolitan Air Quality Management District’s (SMAQMD) Roadway Construction Emissions Model (RoadMod) (documented in the Air Quality Technical Report). The modeling results showed that construction could result in emissions of

2,468 tons of CO2 through fuel combustion by construction vehicles, trucks hauling materials to and from the site and construction worker commutes. Temporary greenhouse gas emissions are not considered significant; the BAAQMD CEQA threshold for land use projects applies to long- term emissions only. Some of the air quality mitigation commitments described in the air quality section (such as restrictions on idling time) would also serve to reduce construction-related greenhouse gas emissions. Therefore, temporary construction emissions of greenhouse gasses are considered less than significant and no mitigation is required. b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases?

In 2011, San Jose adopted a Greenhouse Gas Reduction Strategy. The Strategy aligns with the implementation requirements of Assembly Bill 32 (AB32) – the Global Warming Solutions Act of 2006. AB32 requires the State of California as a whole to reduce greenhouse gas emissions to 1990 levels by the year 2020. San Jose has defined its goal as meeting the efficiency threshold of 6.6 metric tons of CO2 equivalent per service population (SP) per year

(MT CO2e / SP / year). Service population is defined as the number of residents plus the number of people working within San José. San Jose’s 2040 General Plan and the Greenhouse Gas Reduction Strategy contain numerous policies related to energy efficiency in buildings, waste management practices, land use, and automobile and trucks. None of these policies are applicable to the replacement of a railroad bridge. None of the policies pertain to construction emissions, which is the only type of greenhouse gas emissions caused by this project.

The project is consistent with elements of the 2010 Bay Area Plan related to construction emissions (see the air quality section). Therefore, there is no impact in terms of consistency with local and regional plans.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 79 VIII. HAZARDS AND HAZARDOUS Potentially Less Than Less Than No Significant Significant Significant Impact

MATERIALS: Impact with Impact Would the project: Mitigation a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?

Hazardous waste in California is regulated primarily under the authority of the federal Resource Conservation and Recovery Act of 1976 and the California Health and Safety Code. Other California laws that affect hazardous waste are specific to handling, storage, transportation, disposal, treatment, reduction, cleanup, and emergency planning.

Worker health and safety and public safety are key issues when dealing with hazardous materials that may affect human health and the environment. Proper handling and disposal of hazardous materials is vital if encountered or disturbed during project construction.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 80 Screening levels for total petroleum hydrocarbons (TPH) are determined by the San Francisco RWQCB. Reuse of any soil generated during the bridge reconstruction would be governed by the Caltrain North and South CTX Soil Management Plan (SMP) prepared by ERM in 2003. The SMP allows reuse of soil in the railroad ROW with up to 10,000 milligrams per kilogram of TPH as motor oil.

The following goal from the City of San Jose General Plan (Envision San Jose 2040) pertains to the proposed project: Goal EC-6 – Hazardous Materials: Protect the community from the risks inherent in the transport, distribution, use, storage, and disposal of hazardous materials.

Environmental Setting

The Hazardous Materials Technical Memorandum prepared for the Los Gatos Creek Bridge Replacement project (April 26, 2013) and the Limited Phase 1 Assessment Report (July 2, 2008) that it references identified several Recognized Environmental Conditions (RECs) on or around the Project site:  Adjacent and nearby properties have had documented releases of oil or hazardous materials that have the potential to migrate via groundwater towards the project site. Although there is no known evidence that contamination from nearby properties has migrated to the project site, the location within an urban area with multiple documented releases of oil and hazardous materials represents an REC.  5-gallon buckets and other plastic containers of apparent automotive fluids were observed on-site and are believed to have been dumped there. Oily staining was observed on the ground surface beneath the containers. This dumping and apparent spill of petroleum products represents a REC and may require reporting and remediation in accordance with state and local regulations.  The project site’s historic and present use of rail service creates the potential for elevated quantities of petroleum hydrocarbons, metals, and other chemicals commonly found along rail corridors. Although a limited sampling of the soils conducted as part of a 2008 Limited Phase I Assessment found relatively insignificant impacts, with only Total Petroleum Hydrocarbons (TPH) being present above the San Francisco Regional Water Quality Board Environmental Screening Levels, this still represents an REC.  In a 2008 Limited Phase I Assessment performed on the Project site, lead-based and lead-containing paint was identified on the bridge structure.  As is common with rail bridges, the wooden components of the existing bridge contain the wood preservative creosote, a complex mixture of chemicals. The primary substance of concern in creosote-treated wood is polycyclic aromatic hydrocarbons (PAHs).

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 81 Creosote can leach into the environment gradually over time as wood is exposed to sunlight.15

According to the California Department of Forestry and Fire Protection (CDFFP) San Jose Very High Fire Hazard Severity Zones (Fire) map (California Department of Forestry and Fire Protection, 2008) the proposed project site is not located in a fire hazard region.

Impact Discussion a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?

Long-Term Operation Impact

In the long-term, the replacement of an existing active rail bridge and provision of a tail track will not result in impacts related to hazardous materials. With respect to creosote-treated wood and lead-based paints, the project will have a long-term beneficial impact because these hazardous materials will be removed, eliminating the potential for impact to Los Gatos Creek from leaching (creosote) or falling paint chips (lead-based paint). These materials will not be used in the new replacement bridge.

Hazardous materials may be transported through the project area by UPRR freight rail operations, but the project will not increase hazards related to freight rail. In fact, the project will reduce such freight-related hazards by replacing a deteriorating bridge that has exceeded its useful life.

Temporary Construction Impact

During construction, there is a temporary potential for contaminated soil, creosote-treated wood, and lead-based paints to be identified on the existing bridge. These type of materials are routinely addressed in JPB construction projects through standard BMPs in accordance with federal and state regulations and do not pose a “significant hazard” to the public or environment. Specifically,  Soil will be stockpiled and sampled for TPH prior to reuse in the project area. Any soils that would require disposal off-site would require chemical profiling prior to disposal.  Contaminated materials issues related to groundwater/ dewatering will be addressed through Mitigation Measures WQ-03, -04, and -05.  Any contractor performing demolition activities on the bridge structure will be required to comply with the Cal/OSHA Lead in Construction Standards for protection of workers; properly control and contain paint dust and debris resulting from the demolition operation; and properly contain and dispose of the resulting paint chips, dust and debris.

15 http://www.dnr.wa.gov/Publications/em_fs07_210.pdf ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 82  The contractor will be required to handle, store and dispose of creosote-treated wood according to California Department of Toxic Substances Control's Alternative Management Standards for treated wood waste. The standards are an alternative to the full hazardous waste regulations and allow for treated wood waste to be disposed of at approved solid waste landfills (as opposed to special hazardous materials disposal facilities). Wood waste will not be stored near Los Gatos Creek. Pile removal will be conducted in dry conditions to eliminate the risk of suspension of creosote-containing sediments.  During final design, the contractor will be required to prepare a plan for minimizing environmental exposure to creosote during demolition activities. The plan will also need to provide containment procedures for minimizing the risk of wood debris entering the creek and associated riparian habitat.

Therefore, the impact is less than significant. b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?

Long-Term Operation Impact

The replacement bridge will provide for safe railroad operations. The existing deteriorating bridge that has exceeded its useful life will be removed. Therefore, the project will not create conditions that would create a significant hazard due to accidents and there is no impact in the long-term.

Temporary Construction Impact

Small quantities of potentially toxic substances (such as petroleum and other chemicals used to operate and maintain construction equipment) will be used in the project area and transported to and from the area temporarily during construction. Accidental releases of small quantities of these substances could contaminate soils and degrade the quality of surface water and groundwater, resulting in a public safety hazard. However, implementation of and compliance with applicable federal and state laws and regulations that are administered and enforced by City of San Jose Fire Department standards will reduce potential temporary impacts associated with the routine use, storage, and transportation of hazardous materials in the proposed project to a less than significant level. c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?

There is one school within one-quarter mile of the project site, the Sunol Community School. However, the proposed project will not emit hazardous materials, substances, or waste which could impact the school. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 83 d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?

The project site is not included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5. The nearest known contaminated site is 0.44 miles south- southwest of the Project site and is listed as “inactive- needs evaluation” according to an Environmental Data Resources, Inc. report (which is included as an appendix to the Hazardous Materials Technical Report [LBG, 2013]). Because of its distance from the project area, it is unlikely to affect the project area. Therefore, there is no impact. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?

The project site is located more than two miles southeast of the Mineta San Jose International Airport and is not within the land use plan or safety zone for the airport. Therefore, there is no impact. f. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?

The nearest private airstrip is located more than five miles northwest of the project site, in Mountain View, CA. The project is not within any airport land use or safety zone. Therefore, there is no impact. g. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?

Long-Term Operation Impact

The project will have no impact on emergency response or evacuation in the long-term.

Temporary Construction Impact

During construction, emergency access to and in the vicinity of the project site could temporarily be affected by lane closures, detours, and construction‐related traffic. As noted in the Traffic/Transportation section, a Traffic Management Plan will be implemented to ensure there is no interference with emergency vehicles/services or response/evacuation plans. Therefore, the impact is less than significant. h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 84 According to the CDFFP San Jose fire map (California Department of Forestry and Fire Protection 2000) the proposed project site is not located in a fire hazard region. Therefore, there is no impact associated with wildland fires.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 85 IX. HYDROLOGY AND WATER QUALITY: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow?

A variety of federal, state, regional and local agencies have jurisdiction over the proposed Project area. Important agencies and statutory authorities relevant to water quality and flooding area outline below.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 86 Clean Water Act of 1977 (33 USC 1251 et seq.)

The Clean Water Act (CWA) established the basic structure for regulating discharges of pollutants into the waters of the U.S. and gave the EPA the authority to implement pollution control programs such as setting wastewater standards for industry. The CWA sets water quality standards for all contaminants in surface waters. The statute employs a variety of regulatory and non-regulatory tools to sharply reduce direct pollutant discharges into waterways, finance municipal wastewater treatment facilities, and manage polluted runoff.

Section 303(d). In June 2007, USEPA Region IX issued the final 2006 CWA Section 303(d) list of water quality limited (“impaired”) segments requiring total maximum daily loads (TMDLs) (USEPA 2007). Los Gatos Creek, along 19 miles of the creek, is listed as impaired and having an approved TMDL for diazinon.

Section 401. Under Section 401 of the CWA, every applicant for a federal permit or license for any activity which may result in a discharge to a water body must obtain state Water Quality Certification that the proposed activity will comply with state water quality standards. The project may need a Section 401 water quality certification, issued by the San Francisco Bay RWQCB, for project work permitted under the Section 404 process.

Section 402. Section 402 of the CWA authorizes the NPDES permit program. Stormwater discharges associated with construction activities are regulated under the Construction Activities General Stormwater Permit, adopted by the state in September 2, 2009 (Order No. 2009-09-DWQ, NPDES Permit No. CAS000002). Under this permit, owners of land where a construction activity occurs that disturbs more than one acre of land must submit a Notice of Intent (NOI), develop a Storm Water Pollution Prevention Plan (SWPPP), conduct monitoring and inspections, retain records of the monitoring, report incidences of noncompliance, and submit annual compliance reports.

Section 404. Section 404 of the CWA establishes a program to regulate the discharge of dredged and fill material into waters of the U.S., including wetlands. Under Section 404, any person or public agency proposing to locate a structure, excavate, or discharge dredged or fill material into waters of the U.S. or to transport dredged material for the purpose of dumping it into ocean waters must obtain a permit from the USACE. The USACE has jurisdiction over all waters of the U.S. including, but not limited to, perennial and intermittent streams, lakes, ponds, as well as wetlands in marshes, wet meadows, and side hill seeps.

The 1987 amendments to the CWA recognizes the need to address nonpoint source stormwater runoff pollution and expanded the NPDES program to operators of municipal separate storm sewer systems (MS4s), construction projects, and industrial facilities. The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPP) is an association of 13 cities and towns in Santa Clara Valley, Santa Clara County, and the SCVWD that share a common MS4 permit (NPDES Permit No. CAS029718) to discharge stormwater to South San Francisco Bay.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 87 Federal Flood Insurance Program

The National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 were enacted to decrease the need for large, publicly funded flood control structures and disaster relief by restricting development in floodplains; thereby addressing the increasing costs associated with flood-related disaster relief. The Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program (NFIP) to provide subsidized flood communities that comply with FEMA regulations limiting development on floodplains.

Executive Order 11988

Executive Order 11988 (Floodplain Management) addresses floodplain issues related to public safety, conservation and economics. It generally requires federal agencies construction, permitting, or funding a project in a floodplain to:  Avoid incompatible floodplain development;  Be consistent with the standards and criteria of the NFIP; and,  Restores and preserve natural and beneficial floodplain values.

Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.)

The Porter-Cologne Water Quality Control Act (Porter-Cologne Act) defines water quality objectives for California as the limits or levels of water constituents that are established for reasonable protection of beneficial uses. The Porter-Cologne Act assigns primary responsibility for the protection and enhancement of water quality to the State Water Resources Control Board (SWRCB) and the nine regional water quality control boards. The SWRCB’s primary role is to provide state-level coordination of the water quality program through the establishment of state-wide policies and plans for the implementation of state and federal laws and regulations. The Porter-Cologne Act requires the RWQCBs to establish water quality objectives, while acknowledging that water quality may be changed to some degree without unreasonably affecting beneficial uses. Beneficial uses, together with the corresponding water quality objectives, are defined as standards, per federal regulations. Therefore, the regional plans form the regulatory references for meeting state and federal requirements for water quality control.

California Toxics Rule

The EPA has developed water quality criteria for priority toxic pollutants and other provisions for water quality standards to be applied to inland surface waters, enclosed bays, and estuaries in the State of California. This rule was developed to address a gap in California’s water quality standards that was created when the state’s water quality control plans containing water quality criteria for priority toxic pollutants were overturned in 1994. The established numerical standards were deemed necessary to protect human health and the

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 88 environment. The rule includes ambient aquatic life criteria for 23 priority toxic pollutants, ambient human health criteria for 57 priority toxics, and a compliance schedule.

California Fish and Game Code Section 1602

Under this section of the Fish and Game Code, state agencies are required to notify the CDFW prior to any project that would divert, obstruct, or change the natural flow, bed, channel, or bank of any river, stream, or lake. When an existing fish or wildlife resource may be substantially adversely affected, CDFW is required to propose reasonable project changes to protect the resource. These modifications are formalized in a Streambed Alteration Agreement that becomes part of the plans, specifications and bid documents for the project. Streambed Alteration Agreements include strict measures to protect water quality and fish and wildlife habitat, and to mitigate unavoidable habitat losses, including loss of riparian vegetation.

San Francisco Bay RWQCB Water Quality Control Plan

The San Francisco Bay RWQCB regulates water quality in the Bay area in accordance with its Water Quality Control Plan (Basin Plan). The Basin Plan describes the water quality control measures that contribute to the protection of the beneficial uses of the Bay watershed and identifies beneficial uses for each segment of the Bay and its tributaries, water quality objectives for the reasonable protection of the uses, and an implementation plan for achieving these objectives. The proposed project would be considered to affect water quality if it contributed to the exceedance of any adopted water quality standard or conflicted with the objectives, plans, goals, or policies, or implementation of the Basin Plan (SFBRWQCB 2007) or other federal or local regulations.

Santa Clara Valley Urban Runoff Pollution Prevention Program

The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) or Program is an association of 13 cities and towns in Santa Clara Valley, the County of Santa Clara, and the SCVWD that share a common National Pollutant Discharge Elimination System (NPDES) permit (CAS029718) to discharge stormwater to South San Francisco Bay. Member agencies include Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Monte Sereno, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, Sunnyvale, the County of Santa Clara, and SCVWD. The Program incorporates regulatory, monitoring and outreach measures aimed at reducing pollution in urban runoff to the "maximum extent practicable" to improve the water quality of South San Francisco Bay and the streams of Santa Clara Valley.

Comprehensive Water Resources Management Plan

The SCVWD was created by an act of the California Legislature, and operates as a state of California Special District, with jurisdiction throughout Santa Clara County. The SCVWD’s Comprehensive Water Resources Management Plan outlines the key water resource issues facing Santa Clara County and provides a framework for understanding SCVWD policies ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 89 related to water supply, natural flood protection and water resources stewardship. This dynamic, online resource provides a tool to help users to better coordinate their efforts with those of the SCVWD and allow them to be better informed about water resources related issues (SCVWD 2010).

Blueprint for a Clean Bay

The Blueprint for a Clean Bay is an introductory guide to stormwater quality control on construction sites. It contains several principles and techniques that can be used to help prevent stormwater pollution. The Bay Area Stormwater Management Agencies Association (BASMAA) and the City of San Jose have developed these guidelines as a resource for all general contractors, home builders, and subcontractors working on construction sites.

City of San Jose General Plan (Envision San Jose 2040)

The following goals and policies from the City of San Jose General Plan pertain to the proposed project. Goal ER-8 – Stormwater: Minimize the adverse effects on ground and surface water quality and protect property and natural resources from stormwater runoff generated in the City of San José. Goal ER-9 – Water Resources: Protect water resources because they are vital to the ecological and economic health of the region and its residents. Goal EC-5 – Flooding Hazards: Protect the community from flooding and inundation and preserve the natural attributes of local floodplains and floodways.

Environmental Setting

Surface Water Hydrology

The Los Gatos Creek is located within the Guadalupe River Hydrologic Unit Code (HUC) 1805000303, Hydrologic Sub-area 205.40. Flow regulation by dams plays a significant part in the hydrology of Los Gatos Creek. There are three major dams within the Guadalupe watershed. The largest of these is Lenihan Dam (formerly known as Lexington Dam), which impounds up to 20,000 acre-feet in Lexington Reservoir where Los Gatos Creek exits the Santa Cruz Mountains 20 miles upstream of the project site (Balance Hydrologics 2009). The hydrology of the creek is greatly affected by the reservoirs upstream of the project site, including Lexington reservoir as well as Williams and Vasona Reservoirs. In general, the dams have reduced high flows (greater than 65 cubic feet per second (cfs)) and increased low flows (less than 65 cfs). Los Gatos Creek at the rail bridge is now classified as a perennial stream, largely due to reservoir releases over the dry season.

The most relevant stream flow information for the project site is the SCVWDs stream gauge on Los Gatos Creek at Lincoln Avenue (approximately 0.85 miles upstream from the project site). Figure IX-1 shows the peak flow in Los Gatos Creek at Lincoln Avenue for the period of 1995 to

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 90 2012. Peak flows are influenced by reservoir releases and urban-runoff contributions. The peak flows in 2003 and 2006 were the result of large storms on lower Los Gatos Creek.

Figure IX-1. Peak Flow in Los Gatos Creek, 1995-2012

6,000

5,000

4,000 (cfs)

Flow 3,000

2,000

1,000

0

1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012

Average flows within Los Gatos Creek for the period where in-channel construction will occur were obtained from the SCVWD stream gauge website (http://alert.valleywater.org/sgi.php). Average flows are near 5 cfs for June through October, which are manageable for construction of the stream diversion pipe or channel. Figure IX-2 shows the average flows for the months from June to October.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 91 Figure IX-2. Average Flows in Los Gatos Creek, 2010-2012

5.5

5.0

4.5 (cfs)

4.0 2010 Flow

2011 3.5 2012 3.0 Average 2.5

2.0 June July August September October

Beneficial uses of water are defined in the San Francisco Bay Basin Plan as those uses necessary for the survival or well being of humans, plants, and wildlife (SFBRWQCB 2007). The beneficial uses listed for Los Gatos Creek are Municipal and Domestic Supply (MUN), Freshwater Replenishment (FRSH), Groundwater Recharge (GWR), Cold Freshwater Habitat (COLD), Preservation of Rare and Endangered Species (RARE), Warm Freshwater Habitat (WARM), Wildlife Habitat (WILD), and Water Contact Recreation (REC-1). Potential beneficial uses identified for Los Gatos Creek include Fish Migration (MIGR), Fish Spawning (SPWN), and Noncontact Water Recreation (REC-2).

Groundwater

The project area is within the Santa Clara Valley Groundwater Basin, Santa Clara Subbasin (DWR 2004). The dominant geohydrologic feature is a large inland valley. The valley is drained to the north by tributaries to San Francisco Bay including Coyote Creek, the Guadalupe River, and Los Gatos Creek. The water bearing formations of the Santa Clara Subbasin include Pliocene to Holocene age continental deposits of unconsolidated to semi-consolidated gravel, sand, silt, and clay.

Two members form this group, the Santa Clara Formation of Plio-Pleistocene age and the younger alluvium of Pleistocene to Holocene age (DWR 1975). The Santa Clara Formation rests uncomfortably on impermeable rocks that mark the bottom of the groundwater subbasin. The Pleistocene to Holocene alluvium is the most important water bearing unit in the Santa Clara Subbasin. The permeability of the valley alluvium is generally high and principally all large production wells derive their water from it (DWR 1975). Comprised generally of unconsolidated gravel, sand, silt, and clay it is deposited primarily as a series of convergent alluvial fans.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 92 Prior to importation of surface water via the Hetch Hetchy Aqueduct, South Bay Aqueduct and the introduction of an artificial recharge program, water levels declined more than 200 feet in the Santa Clara Valley (DWR 2004). However, groundwater levels have generally increased since 1965 as a result of increase in recharge and decreases in pumpage (DWR 2004).

The historical high groundwater in the area has been reported to be about 25 feet below the ground surface (California Geologic Survey 2002).

Flooding

FEMA has mapped flood hazard areas throughout San Jose and has designated the areas on Flood Insurance Rate Maps (FIRMs). The project site is located on FIRM Map 06085C0234H (see Figure IX-3). Los Gatos Creek is designated as flood hazard Zone A, defined as an area inundated by 100-year flooding for which no base flood elevations have been established. The surrounding area, including the bridge itself, is located in Zone D, defined as an area of undetermined but possible flood hazards. Downstream of the bridge, at the convergence of Guadalupe River, the area is located in flood hazard Zone X, defined as an area that is determined to be outside the 100-year floodplain, but within the 500-year floodplain.

Stormwater

Storm drainage facilities in the project area are owned and maintained by the City of San Jose. The SCVWD has jurisdiction over Los Gatos Creek. Existing stormwater drainage facilities in the project area include the following pipes that outfall directly to Los Gatos Creek:  18-inch outfall to Los Gatos Creek at Auzerais Street from the east,  33-inch outfall to Los Gatos Creek at West San Carlos Street from the west, and  18-inch outfall to Los Gatos Creek at West San Carlos Street from the east.

The nearest storm drain pump station to the project site is located at Park Avenue at Los Gatos Creek. Discharges from these outfalls are covered under the MS4 permit (NPDES Permit No. CAS029718) to discharge stormwater to South San Francisco Bay.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 93 Figure IX-3. FIRM for the Los Gatos Creek Bridge Replacement Project Site

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 94 Impact Discussion i. Violate any water quality standards or waste discharge requirements? and f. Otherwise substantially degrade water quality?

Several project construction-related activities have the potential to temporarily degrade water quality in a manner that could exceed federal and/or state water quality standards, including impacting the beneficial uses listed for Los Gatos Creek (i.e., Cold Freshwater Habitat [COLD], Preservation of Rare and Endangered Species [RARE], Warm Freshwater Habitat [WARM], Wildlife Habitat [WILD], and Water Contact Recreation [REC-1]).

Construction activities could impair water quality temporarily through the discharge into receiving waters of disturbed and eroded soil, petroleum products, and miscellaneous wastes. Soil and associated contaminants that enter stream channels can increase turbidity, stimulate algae growth, increase sedimentation of aquatic habitat, and introduce compounds that are toxic to aquatic organisms. Construction materials (e.g., fuels, oils, paints, and concrete) are potentially harmful to fish and other aquatic life if released into the environment. The extent of potential environmental effects depends on the tendency for erosion of soil types encountered, types of construction practices, extent of disturbed area, duration of construction activities, timing of precipitation, proximity to receiving water bodies, and sensitivity of those water bodies to contaminants of concern.

Accidental spills of construction-related substances such as oils, fuels, and concrete could contaminate both surface water and groundwater. There are many sediment disturbing activities scheduled to occur, such as grading operations, placement of the in-channel piles (e.g., vibrating, jetting, jacking or drilling the posts into place), construction of the bridge superstructure, placement of temporary trestles, and removal of the existing bridge infrastructure. Two water quality impairments typically associated with soil disturbance include increased turbidity and decreased dissolved oxygen of surrounding water bodies. Depending on the quantity of the sediments and their chemical characteristics, contaminants within the sediments could be released. Also, debris could enter receiving water from construction activities.

Construction will occur on the banks of the creek and within the creek itself. Construction activities will directly disturb soils and surface drainage courses adjacent to the existing roadways that drain to Los Gatos Creek. As a result, erosion and siltation in the drainage area may increase during construction.

In addition, smelter slag, which is commonly used as bed material for railroad tracks, could be released during construction. Smelter slag contains high amount of oxidized and environmentally available heavy metals. If discharged into Los Gatos Creek, contaminants may exceed Basin Plan objectives (SFBRWQCB 2007). However, it has not been verified that smelter slag exists along the alignment.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 95 Although no long-term impacts to water quality are anticipated, the proposed project will implement various BMPs to ensure that long-term water quality is protected, in accordance with NPDES requirements. Mitigation Measure WQ-01 identifies and discusses the required SWPPP and recommended BMPs. In addition, Mitigation Measure WQ-02 discusses the need for a temporary diversion pipe to minimize the potential for erosion, sediment loss, scour, turbidity, and contamination from construction debris during the in-channel work window from June 15th to October 15th. With implementation of these mitigation measures, the potential impact will be less than significant. b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?

Piles supporting Los Gatos Bridge will penetrate the ground below the groundwater table. Soil drilling required for foundation construction of these structures could impact the groundwater quality by allowing migration of surface water contaminants into the groundwater aquifer located below the bridge. To protect groundwater from risks associated with pile driving, all pile driving activities will only occur during the dry season (i.e., from June 15th to October 15th) and by temporarily diverting the creek, as described in Mitigation Measure WQ-03. Therefore, with mitigation, this impact will be less than significant.

During construction a sanitary sewer line adjacent to West San Carlos Bridge will be relocated. The new sewer line will be installed by directional drill (see project description for details). During drilling hydrofracturing could occur, and as a result, inadvertent returns of drilling mud could enter the creek or groundwater through a fissure or crack in the soils. With the implementation of Mitigation Measure WQ-04, the impact will be reduced to less than significant. c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site?

Dewatering discharge resulting from the required creek diversions to maintain flow during construction could adversely impact surface water quality if the effluent is rich in sediment or contaminated with chemicals. Extracted groundwater may contain pollutants which may be a result of the decomposition of organic materials (e.g., hydrogen sulfide), leaking underground storage tanks and fuel lines, surface spills, sewage, past use of liquid waste impoundments, or the potential presence of nutrients (phosphorous and nitrogen compounds). With the implementation of Mitigation Measure WQ-05, the impact will be reduced to less than significant.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 96 d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site?

The introduction of any new impervious surfaces will increase runoff by incrementally reducing the amount of natural soil surfaces available for infiltration of rainfall and runoff. As a result, additional runoff could potentially be generated during storm events. Additional runoff can contribute to the flood potential of natural stream channels; accelerate soil erosion and stream channel scour; and increase the transport of pollutants to waterways.

The existing bridge is about 174 feet long and 35 feet wide and has eight spans. The new bridge will be approximately 200 feet long and 55 feet wide. This will result in an increase of approximately 0.11 acres of impermeable surface associated with the larger bridge. The increase in runoff associated with the larger bridge is not considered significant enough to warrant treatment or retention of runoff.

The temporary access pathway to the bridge will also introduce a limited amount of new impervious surface to the project area of potential effect, although there will not be an appreciable change in the direction or routing of stormwater drainage compared to existing conditions. This will be a temporary effect, and once construction is complete, the access pathway will be removed and the area revegetated with native vegetation. Therefore, there is no impact. e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?

The increase in runoff associated with the larger bridge is not considered significant enough to warrant treatment or retention of runoff. The temporary access pathways to the bridge will introduce a limited amount of new impervious surface to the project area of potential effect, although there will not be an appreciable change in the direction or routing of stormwater drainage compared to existing conditions. This will be a temporary effect, and once construction is complete, the pathways will be removed and the area revegetated with native vegetation.

The JPB is a non-traditional Permittee within the Phase II Small Municipal Separate Storm Sewer System (MS4) Program, which addresses post-construction stormwater quality treatment measures. Permittees within this program, including the JPB, are required to regulate development (e.g., capital projects) to comply with several conditions of the permit that are directly applicable to the project design process, including:

 Site Design Measures Regulated Projects

 Source Control Measures

 Low Impact Development Design Standards

 Hydromodification Measures

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 97  Enforceable Mechanisms

 Operations & Maintenance

 Storm Water Control Measures

 Post-construction BMPs

 A Planning and Development Review Process

 Post-construction Management and Alternatives

The permit requires these stipulations be phased in over the next few years. For projects with a construction date in 2015 or beyond, most of these requirements will need to be met. At this time, the JPB’s Engineering and Environmental Departments are developing a comprehensive approach to incorporating these provisions of the program into overall design processes and operations. These requirements will be incorporated into final design of the proposed project. However, the wider bridge with the proposed project does not cause significant adverse impacts, even without treatment. Therefore, there is no impact. g. Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?

No housing structures are planned as part of the project. Therefore, there is no impact. h. Place within a 100-year flood hazard area structures which would impede or redirect flood flows?

Although the project site is within flood hazard Zone A and the surrounding area in Zone D, the project will not impede or redirect flood flows, therefore there is no impact. i. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?

The project site is not located in the inundation area of any levee or dam. Therefore, there is no impact. j. Inundation by seiche, tsunami, or mudflow?

The proposed project area is quite distant from any ocean or large lake, and the project is located on relatively flat ground, thus the risk of exposing people or structures to a tsunami, seiche, and mudflow is very low. Therefore, there is no impact.

Mitigation Measures

The following mitigation measures identified above are required to be included in the project to reduce potential impacts to less than significant levels.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 98  Mitigation Measure WQ-01. The contractor must prepare and implement a SWPPP and BMPs as discussed below: o Under the Statewide General Construction NPDES Permit, the JPB must submit a Notice of Intent (NOI) to the SWRCB prior to commencement of construction activities. A SWPPP must be prepared and implemented at the project site, and revised as necessary as administrative or physical conditions change. The SWPPP will include BMPs that address source reduction and provide measures and controls necessary to mitigate potential pollutant sources. The SWPPP will be available to the public under Section 308(b) of the CWA and will be made available to SWRCB upon request. Required elements of the SWPPP include: . A site description addressing the elements and characteristics specific to the site; . BMPs for erosion and sediment controls; . BMPs for construction waste handling and disposal; . Plans for implementation of approved local plans; . Proposed post-construction controls, including a description of local post- construction erosion and sediment control requirements; and . Provisions for non-storm water management.

o The contractor will identify construction-phase BMPs. Recommended BMPs include: proper stockpiling and disposal of demolition debris, concrete, and soil; protecting existing storm drain inlets; stabilizing disturbed areas; applying erosion controls; employing proper management of construction materials; directing waste management; providing for aggressive litter control; and using applicable sediment controls.

o The contractor will implement treatment BMPs that may include: Biofiltration (vegetated swales and strips); Infiltration Basins; Detention Devices; Traction Sand Traps; and Dry Weather Flow Diversion.

 Mitigation Measure WQ-02. During the in-channel work window (June 15th to October 15th), construction within the stream channel will require a temporary diversion pipe to minimize the potential for erosion, sediment loss, scour, turbidity, and contamination from construction debris. The contractor will design and construct the temporary diversion pipe, including upstream and downstream cofferdams to divert flow from the stream bed to a storm drain pipe via pumping or gravity flow. Creek flows will be contained within the storm drain pipe as it travels through or around the construction area to a downstream location. The size and type of diversion pipe will be determined prior to construction, with direct coordination with NMFS and CDFW to optimize fish passage. Temporary fill used to construct the cofferdams will be kept to the minimum footprint necessary. Upon completion of construction, all materials associated with the

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 99 temporary diversion, including sandbags, sheet metal piling, and/or rock will be removed and the area restored to pre-construction condition.

 Mitigation Measure WQ-03. To protect groundwater from risks associated with pile driving, all pile driving activities will only occur during the dry season (i.e., from June 15th to October 15th) and by temporarily diverting the creek. Any spill or surface contaminants will be clean up and removed prior to reaching any surface water.

 Mitigation Measure WQ-04. To protect groundwater quality, a frac-out plan will be prepared by the contractor prior to drilling of the sewer pipeline.

o The plan will include: . A sketch of the construction site, including equipment staging areas, approximate location of drill entry and exit points (structural shafts) and the approximate location of access pathways in relation to the surrounding area, . Proposed depth of bore and statement of streambed condition (subsurface strata and percent of gravel and cobble) that support the depth of the bore, . Approximate length of proposed bores (50-foot increments), . Type and size of boring equipment to be used, . Estimated time to complete bore, . List of lubricants and tunneling additives to be used, . Site specific resources of concern, . Monitoring protocols (include biological monitoring and frac-out monitoring), . Containment and clean up plan, . Name of Applicant’s agents and cell phone numbers, . Name(s) and phone numbers of biological monitor(s), third-party monitors, and crew supervisor(s). o If a frac-out occurs, the contractor will begin containment and clean up measures immediately. Any sediment, including natural substrate, that enters the channel in a frac-out situation will be contained to the greatest extent possible and removed from the channel as part of the clean-up procedure.

 Mitigation Measure WQ-05. The project is subject to the General Waste Discharge Requirements for: Discharge or Reuse of Extracted Brackish Groundwater and Reverse Osmosis Concentrate Resulting from Treatment of Groundwater by Reverse Osmosis and Discharge or Reuse of Extracted and Treated Groundwater Resulting from Structural Dewatering (Order No. R2-2007-0033, NPDES No. CAG912004), or any subsequent permit/ order at the time of construction. The permit governs dewatering operations and prohibits the discharge of sediment-laden effluent and/or contaminated effluent (e.g. oil and grease) into receiving waterbodies. After obtaining the dewatering ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 100 permit, the San Francisco Bay RWQCB must be notified at least 60 days prior to the discharge of any dewatering effluents. All effluents from dewatering operations must be tested in a EPA-certified laboratory for trace pollutants and approved by the San Francisco Bay RWQCB before being discharged into receiving waters. Sediment is the primary pollutant of concern in most dewatering operations. However, discharges must also be tested for oil and grease, metals, total suspended solids (TSS), etc. If the discharge effluent is not visibly clear, then sediment control BMPs such as the Baker Tanks, must be employed to treat the effluent prior to discharge. The specific discharge requirements, limits, and amounts are determined by the permit and will vary for individual projects.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 101 X. LAND USE AND PLANNING: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan?

The proposed project lies within the City of San Jose in Santa Clara County in the Sunol- Midtown neighborhood. In November 2011, the City approved the Envision San Jose 2040 General Plan provided a comprehensive road map to guide the City’s growth through the year 2040. The General Plan includes land use policies to transform strategically identified and historically underutilized Growth Areas into higher-density, mixed-use “Urban Villages” to accommodate employment and housing growth and to promote transit use and community walkability.

The General Plan includes the Alameda and West Carlos Street Neighborhood Business District (an Urban Village) to the west of the Los Gatos Creek Bridge Replacement project area. The General Plan also identifies the west side of the project area as part of the 1992 Midtown Specific Plan. The Midtown Specific Plan provided for the conversion of older industrial lands into higher-density, mixed-use transit-oriented neighborhoods. Through the direction of the Midtown Specific Plan, the City was able to convert the former Del Monte Cannery located adjacent to the project area (to the west) to the Cannery Square at Monte Vista residences in 2008. The development was consistent with the City’s goals of promoting transit use, building walking urban environments and supporting the City’s downtown.

The following goal from the General Plan pertains to the proposed project: Goal LU-6 – Industrial Preservation: Preserve and protect industrial uses to sustain and develop the city’s economy and fiscal sustainability.

Environmental Setting

The Los Gatos Creek railroad bridge crosses the Los Gatos Creek, a perennial stream that divides the neighborhood into distinct land uses. To the east of the creek are predominantly light industrial and commercial land uses, including Orchard Supply Hardware, Sears Home Appliance Showroom, auto repair businesses, and other home improvement businesses. This

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 102 area east of the creek is zoned LI (Light Industrial) between the creek and the railroad tracks, and CIC (Commercial Industrial/Commercial) on the opposite side of the railroad tracks.

The Cannery Square at Monte Vista townhome and condominium community is located west of the creek. The development has a total of 235 one-, two-, and three-bedroom units. The entire area west of the creek is zoned for Planned Development, with a plan for 18.8 dwelling units per acre. Between the townhomes and the creek is the Los Gatos Creek Trail, which runs on a paved trail approximately 0.7 miles from Dupont Street (at the project site) to Lonus Street to the south. The trail is planned to be further extended along the Los Gatos Creek, along its northwest bank and under the railroad bridge.

The area north of the Los Gatos Creek railroad bridge is comprised of industrial and transportation uses, including the San Jose Diridon Station.

Planned land uses as part of the Envision San Jose 2040 General Plan, generally consistent with existing land uses and zoning, are shown in Figure X-1.

Impact Discussion k. Physically divide an established community?

The proposed project entails replacing an existing, old railroad bridge with a newer, safer bridge in the same location. Implementation of the proposed project will not result in any residential or business displacements or changes in access or use of nearby properties. Due to spacing requirements between adjacent tracks, construction of the tail track requires minor ROW acquisitions from two parcels on the west side of the tracks. These acquisitions will not impact business operations in any way. Therefore, there is no impact. l. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?

The proposed project will maintain all existing land uses and the new Los Gatos Creek Bridge will be located on its current rail alignment. The project will not conflict with the City’s goal of preserving industrial uses, nor will it be inconsistent with the Envision San Jose 2040 Land Use Plan. The JPB is coordinating with the City of San Jose to accommodate the planned Los Gatos Creek Trail extension that will cross under the Los Gatos Creek railroad bridge. Therefore, there is no impact. m. Conflict with any applicable habitat conservation plan or natural community conservation plan?

The proposed project does not conflict with the Santa Clara Valley HCP/NCCP discussed in Section IV. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 103 Figure X-1. City of San Jose General Plan Land Use

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 104 XI. MINERAL RESOURCES: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?

Environmental Setting

The proposed project is located within a developed area of the City of San Jose. The topography of the City is relatively flat and there are no known mineral resources in the vicinity of the project.

Impact Discussion n. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? and o. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?

There are no known mineral resources in the vicinity of the proposed project area. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 105 XII. NOISE: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project result in: Impact with Impact Mitigation a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?

Although there are no federal laws or regulations pertaining to the assessment of noise and vibration impacts of transit projects, the Federal Transit Administration (FTA) has defined impact assessment procedures through a guidance manual. The impact criteria from FTA’s guidance manual, entitled Transit Noise and Vibration Impact Assessment, are discussed in greater detail in the impact assessment section.

The CEQA statute and guidelines do not provide quantitative thresholds for identifying significant noise or vibration impacts, but do encourage consideration of factors similar to those incorporated in the FTA criteria, such as the existing noise level and the increase in the cumulative noise level with the project. The specific CEQA thresholds of significance selected for this project are discussed in greater detail in the impact assessment section.

Construction noise is regulated by the City of San Jose. According to San Jose Municipal Code, construction hours within 500 feet of a residential unit are limited to the hours of 7:00 am to 7:00 pm on Monday through Friday, unless otherwise expressly allowed in a Development Permit or other planning approval.16 The Municipal Code does not establish quantitative noise

16 San Jose Municipal Code, 20.100.450 “Hours of construction within 500 feet of a residential unit” http://sanjose.amlegal.com/nxt/gateway.dll/California/sanjose_ca/sanjosemunicipalcode ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 106 limits for demolition or construction activities occurring in the City. The City considers construction noise impacts to be significant if a project is located within 500 feet of residential uses or within 200 feet of commercial or office uses and would: “involve substantial noise generating activities (such as building demolition, grading, excavation, pile driving, use of impact equipment, or building framing) continuing for more than 12 months.” Such projects are required to implement a construction noise logistics plan detailing measures to minimize impacts.17

For transit noise and other single-event noise sources, the San Jose General Plan recommends mitigation so that recurring maximum instantaneous noise levels do not exceed 50 dBA Lmax in bedrooms and 55 dBA Lmax in other rooms.

San Jose’s 2040 General Plan recommends minimizing vibration impacts of new vibration sources on existing sensitive land uses to levels at or below the guidelines of FTA. New developments are required to minimize vibration impacts to adjacent uses during demolition and construction. A vibration limit of 0.20 in/sec peak particle velocity (PPV) is recommended by the General Plan to minimize the potential for cosmetic damage to buildings of normal construction (refer to Section 5.2.2.1 of the General Plan for the criteria selected for this project based on FTA and Caltrans guidance documents).

Finally, the San Jose’s 2040 General Plan also provides land use compatibility noise criteria for new residential and institutional developments. These long-term criteria were not designed for temporary construction noise impact assessment. For proposed residential developments, the General Plan criteria are as follows:  Interior noise level: 45 dBA Ldn18  Exterior noise levels: 60 dBA Ldn is normally acceptable without special mitigation measures. Noise levels of 60 to 75 Ldn are conditionally acceptable; new residential land uses may only be permitted in these areas after detailed analysis of the noise reduction requirements and needed noise insulation features are included in the design. Exterior noise levels above 75 Ldn are considered unacceptable for locating new residential land uses.

Noise Terminology

Noise is typically defined as unwanted or undesirable sound. The basic parameters of environmental noise that affect human subjective response are: (1.) intensity or level, (2.) frequency content, and (3.) variation with time. The intensity of sound is expressed using a logarithmic scale in units of decibels (dB). By using this compressed scale, the range of normally encountered sound can be expressed by values between 0 and 120 decibels. On a relative basis, a 3-decibel change in sound level generally represents a barely noticeable change, whereas a 10-decibel change in sound level will typically be perceived as a doubling (or halving) in the loudness of a sound.

17 Envision San Jose 2040 General Plan. http://www.sanjoseca.gov/DocumentCenter/Home/View/474 18 Refer to Section 4.1 for explanation of all noise terminology. ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 107 The frequency content of noise is related to the tone or pitch of the sound, and is expressed based on the rate of the air pressure fluctuation in terms of cycles per second (called Hertz and abbreviated as Hz). The human ear can detect a wide range of frequencies from about 20 Hz to 17,000 Hz. However, because the sensitivity of human hearing varies with frequency, the “A- weighting system” is commonly used when measuring environmental noise to provide a single number descriptor that correlates with human subjective response. Sound levels measured using this weighting system are called "A-weighted" sound levels, and are expressed in decibel notation as "dBA." Throughout this section, all sound levels are expressed with dBA weighting.

Because environmental noise fluctuates from moment to moment, it is common practice to condense all of this information into a single number, called the “equivalent” sound level (Leq). Leq can be thought of as the steady sound level (or average sound level) that represents the same sound energy as the varying sound levels over a specified time period (typically 1 hour or 24 hours). Often the Leq values over a 24-hour period are used to calculate cumulative noise exposure in terms of the Day-Night Sound Level (Ldn). Ldn is the A-weighted Leq for a 24-hour period with an added 10-decibel penalty imposed on noise that occurs during the nighttime hours (between 10 pm and 7 am). Many surveys have shown that Ldn is well correlated with human annoyance, and therefore this descriptor is widely used for environmental noise impact assessment.19 Figure XII-1 provides examples of typical noise environments and criteria in terms of Ldn. While the extremes of Ldn are shown to range from 35 dBA in a wilderness environment to 85 dBA in noisy urban environments, Ldn is generally found to range between 55 dBA and 75 dBA in most communities. This spans the range between an “ideal” residential environment and the threshold for an unacceptable residential environment according to some U.S. federal agencies’ criteria.

Vibration Terminology

The effects of ground-borne vibration include perceptible movement of the building floors, rattling windows, shaking of items on shelves or hanging on walls and rumbling sounds. In extreme cases, vibration can cause damage to buildings. Building damage is not a factor for normal transportation projects, with the occasional exception of blasting or pile driving during construction (FTA, 2006). The vibration level that causes annoyance is well below the damage threshold for normal buildings.

Ground-borne vibration can be described in terms of displacement, velocity, or acceleration. Velocity is the preferred measure for evaluating ground-borne vibration from rail and transit projects. This is because human sensitivity to vibration approximately corresponds to the amplitude of vibration velocity within the low-frequency range of most concern for environmental vibration (roughly 5 to 100 hertz [Hz]).

19 http://www.fta.dot.gov/documents/FTA_Noise_and_Vibration_Manual.pdf

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 108 Figure XII-1 Examples of Outdoor Noise Exposure (Ldn)

Source: HMMH, 2011. MBTA Green Line Extension

The most common measure used to quantify vibration amplitude is the peak particle velocity (PPV), which is defined as the maximum instantaneous peak of the vibratory motion. PPV is typically used in monitoring blasting and other types of construction-generated vibration because it is related to the stresses experienced by building components. PPV is generally less suitable for evaluating human response, which is better correlated to the average vibration amplitude. Thus, ground-borne vibration from commuter rail trains is usually characterized in terms of the root mean square (RMS) vibration velocity level, in decibels (VdB), with a reference quantity of one micro-inch per second, and an average time of one second. VdB is used in place of dB to avoid confusing vibration decibels with sound decibels. Similar to the noise descriptors,

Leq and Lmax can be used to describe the average vibration and the maximum vibration level observed during a single vibration measurement interval.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 109 Figure XII-2 illustrates typical ground-borne vibration levels for common sources, as well as criteria for human and structural response to ground-borne vibration. As shown, the range of interest is from approximately 50 to 100 VdB, from imperceptible background vibration to the threshold of damage. Although the approximate threshold of human perception to vibration is 65 VdB, annoyance is rare unless the vibration exceeds 70 VdB.

Figure XII-2 Typical Levels of Ground-Borne Vibration

Source: FTA, 2006.

Construction activity can result in varying degrees of ground vibration, depending on the equipment and methods employed. The operation of construction equipment causes ground vibrations that spread through the ground and diminish in strength with distance. Buildings founded on the soil in the vicinity of the construction site respond to these vibrations, with varying results ranging from no perceptible effects at the lowest levels, low rumbling sounds and perceptible vibrations at moderate levels, and slight damage at the highest levels. Heavy pieces of equipment such as pile driver or vibratory roller will be the most dominant sources of overall construction vibration. The vibration levels created by the normal movement of vehicles including graders, front loaders, and backhoes are the same order-of-magnitude as the ground-borne vibration created by heavy vehicles traveling on streets and highways.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 110 Environmental Setting

Noise-sensitive land uses and noise monitoring results are presented below. In addition, existing structures in the project area, information on geologic/soil conditions pertaining to vibration propagation, and the results of existing conditions vibration monitoring are discussed.

Noise

Figure XII-3 shows the land uses in the vicinity of the project limits. Four noise-sensitive land uses (residential areas, schools, parks, churches etc.) were identified in the vicinity of the project limits through review of aerial photography, field visits and public outreach:  The Monte Vista Townhouses, a multi-family development located west of the project limits, between Dupont Street to the north and Auzerais Avenue to the south.  A small pocket of single-family residential located off of Gregory Street, west of the project limits and bounded by I-280 to the south.  The Los Gatos Creek Trail, located on the west side of the project limits, in between the project limits and the Monte Vista Townhouses. The trail is owned and maintained by the City of San Jose, Department of Parks, Recreation & Neighborhood Services.  The Community School at Sunol, located at 258 Sunol Street, approximately 900 feet from the Los Gatos Creek Bridge.

To establish existing conditions for the Monte Vista Townhomes, noise levels were monitored for two 24-hour periods (i.e. one weekday 24-hour period and one weekend 24-hour period). Noise monitoring was conducted from 2:00 pm on Thursday November 4, 2010 to 2:00 pm on Friday November 5, 2010 to represent a weekday 24-hour period while the weekend 24-hour period was measured from 9:00 am on Saturday November 6, 2010 to 9:00 am on Sunday November 7, 2010. The meter was placed along the Los Gatos Creek Trail. Due to construction activity near Dupont Street, just south of the West San Carlos Street Bridge, the meter was placed approximately half-way down the trail across from 875 Gaspar Vista. The microphone was situated on the dirt/mulch surface adjacent to the trail, outside of the Monte Vista property line. The monitor location was approximately 140 feet from the existing railroad tracks.

Overall, when no trains are passing by, it is relatively quiet around Monte Vista and along the Los Gatos Creek Trail, with the primary sources of ambient noise being train passbys (both Caltrain and Amtrak), vehicular traffic on the West San Carlos Street Bridge and on I-280, and people walking/biking/skateboarding on the Los Gatos Creek Trail. Additional sources of noise noted at the site included frequent aircraft flyovers due to the proximity of the San Jose airport, as well as announcements from the warehouse PA system at Orchard Supply Hardware on the east side of the railroad tracks. It was noted that this facility is open on Saturday in addition to weekdays and occasional equipment back-up alarms were audible at the location of the meter. It was noted that such construction activity took place during the weekday period, as well as on Saturday, but not on Sunday.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 111 Figure XII-3 Land Use and Noise Monitoring Location Map

Figures XII-4 and XII-5 below depict the variations in the hourly Leq over the 24-hour periods. The peaks in the hourly values appear to be generally consistent with the number of train events, as identified from the Caltrain and Amtrak schedules.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 112 Figure XII-4 Weekday Hourly Leq (dBA)

70.0 65.0 60.0 55.0 50.0 45.0 40.0 PM PM PM PM PM PM PM PM PM PM PM PM AM AM AM AM AM AM AM AM AM AM AM AM

2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 1:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 12:00 10:00 11:00 12:00 10:00 11:00

Figure XII-5 Weekend Hourly Leq (dBA)

70.0 65.0 60.0 55.0 50.0 45.0 40.0 PM PM PM PM PM PM PM PM PM PM PM PM AM AM AM AM AM AM AM AM AM AM AM AM

1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 9:00 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 12:00 10:00 11:00 10:00 11:00 12:00

Weekday hourly Leq levels exceed 65 dBA during the AM peak period and approach 65 dBA during the PM peak period. Freight operations could be a contributor to elevated noise levels during the nighttime hours. The hourly Leq values were combined using a logarithmic equation to compute an Ldn value from the measurements. As anticipated, the weekday Ldn (67.7 dBA) value is higher than the weekend Ldn (61.7 dBA).

The maximum sound level (Lmax) measured on weekdays was 94.7 dBA (at midnight) and exceedances of 90 dBA were not uncommon. These elevated Lmax levels were likely associated with train movements that included sounding of the horn on the track closest to the sound level meter. On weekends, the Lmax was also 94.7 dBA (occurring once at noon), but the number of exceedances of 90 dBA was lower than on weekdays.

Additional information on noise existing conditions was obtained from the Veneklasen Associates 2005 report entitled Del Monte Site, San Jose, California, Exterior Envelope Acoustical Design (included as an appendix to the Noise and Vibration Technical Report). The

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 113 2005 monitoring was conducted at a site east of the Los Gatos Creek trail (which did not exist at that time) and within 50 feet of the existing railroad tracks. The existing Ldn at this location based on the monitoring in 2005 was 73 dBA.

Vibration

The following four structures near the proposed replacement bridge were identified as the most likely to experience vibration impacts from pile driving.

Monte Vista Townhomes The portion of the Monte Vista residential complex adjacent to the project site was constructed between 2007 and 2009. The three-story townhomes are located on the site of the former Del Monte Plant. The homes were designed to meet seismic standards for an area with a high risk of earthquakes. An exterior walk-by survey conducted in 2010 of the 18 structures facing the trail found that the structures are all in ”excellent” relative condition with no signs of distress.

Photo 1: Monte Vista Townhomes

Del Monte Cannery Remnant Wall The former Del Monte Cannery was demolished in 2006, but remnant walls from the cannery were incorporated into the Monte Vista development site as mitigation for that project. The remnant walls are not considered significant historic resources. The closest wall to pile driving activity is located at the northern end of the Monte Vista development, adjacent to Dupont Street. The wall is a two-story, 67’11” wide, board-formed concrete wall segment with a L-shaped footprint. The remnant wall contains reinforced concrete framing added during the development of the site in 2006.20 During the walk-by site visit in 2010, cracking was observed in the form of shear cracks that may be related to insignificant amounts of differential settlements and/or past earthquake activity. However, the wall

20 See the Historic Resources Inventory and Evaluation Report, JRP, 2013. ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 114 remnant is in “fair to good” relative condition with signs of minor longitudinal and shear cracks and localized concrete peelings.

Photo 2: Remnant Wall

Orchard Supply Hardware (720 West San Carlos Street) The Orchard Supply Hardware store, established in 1946 and located on the east side of the project limits, was not determined to be historically significant. The Orchard Supply Hardware store is a relatively high ceiling (about 15 feet) one-story steel frame structure with concrete or block walls and an approximate footprint area of 60,000 square feet. Several additions have been merged into the structure, which has been heavily modified over time. Both exterior and interior condition surveys of the exposed faces were conducted and minor longitudinal cracks were visible. Distress features include localized shear cracks, which may have been due to past earthquake activity as there is no sign of settlement of the structure. Both an exterior and interior survey of the warehouse structure indicated the structure is in “fair to good” condition.

Photo 3: Orchard Supply Hardware Store

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 115 West San Carlos Street Overpass The West San Carlos Street overpass is located between the intersections of West San Carlos Road with McEvoy Street and Royal Avenue. The overpass carries the roadway over the rail corridor and Los Gatos Creek, and was constructed in 1934. It has a length of about 1,000 feet and is supported on solid/semi-solid piers in between abutment walls in the east and west. The solid piers have signs of localized cracks and repairs as well as minor concrete spalls (material that has been flaked off of main structure). Various minor repairs have been made to the structure over time and the City of San Jose has plans to replace it in the future (RTP project ID# 230637). Based on walk-by visual surveys, the pier walls supporting the overpass have a “fair to good” rating.

The deck and sidewalk of the West San Carlos Street Bridge consist of rigid pavement which has longitudinal cracks likely due to wear and tear. Similar longitudinal cracks are also present along the sidewalk near the proposed replacement bridge area. Signs of wear and tear, but no significant structural cracks or damage on the reinforced concrete parapet walls are also evident. Based on the visual survey a rating of “fair to good” has been assigned to deck pavement and sidewalk parapet walls.

Photo 4: View looking north at West San Carlos Street Overpass (2000)

Vibration monitoring was performed at four locations surrounding the project limits (Figure XII- 6). This work was conducted from November 3 through November 9, 2010. Vibration monitoring devices, known as seismographs, were used for periods of between 8 hours and 24 hours, and recorded background ground vibrations in terms of PPV. The typical background PPV levels at all four vibration monitoring sites ranged from 0.003 to 0.005 inches per second (in/s), with the maximum background levels generally between 0.02 and 0.05 in/s, which may have corresponded to freight train movements or trains passing without significant reductions in speed. The maximum background level of 0.443 in/s was observed at the Orchard Supply

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 116 Hardware Store open storage pavement area. Due to the isolated nature of this maximum PPV, the causes may have been related to human or wild animal impacts occurring during the monitoring process. Therefore, the average ambient (background) peak particle velocity for this project is considered to be 0.004 in/s or less.

Figure XII-6 Vibration Monitoring Locations

The observed frequencies were generally greater than 60 Hz, which are expected for regular train movements. The low frequency vibrations (i.e. less than 30 Hz) ranged from less than 1 percent to about 5 percent of the total ambient condition, except one location at the Monte Vista townhomes where the low frequency vibration accounted for about 15 percent. This example of a more prevalent low frequency can be attributed to the closer proximity of this unit to the freight train movement, sudden braking, and/or other similar railroad activities.

Based on a review of the geotechnical findings by Mactec (2010), the subsurface conditions at the proposed bridge location consist of (top to bottom) 2.5 to 7 feet of (granular) fill, underlain by clayey sands, sandy clays, and poorly graded sands and gravels to the explored depth of 85 feet. The sands and gravels are generally medium dense to very dense in compactness, and clays have consistencies from medium stiff to very stiff. In general, stiff clay material tends to be more efficient in propagating groundborne vibrations than do loose sandy soils.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 117 Impact Discussion a. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?

Long-Term Operation Impacts

The proposed project will not directly or indirectly increase freight or passenger train traffic; however, it does include a new tail track on the west side of the existing tracks. The closest Monte Vista townhomes are currently 91 feet from the nearest track (MT2) and will be approximately 73 feet from the tail track.

In the long-term, the tail track is anticipated to be limited to movements such as turning around trains or for use as an emergency bypass around incidents on MT1 or MT2. For purposes of noise and vibration analyses, a worst-case operational scenario was developed and is presented in Table III-4 (in the air quality section of the IS/MND). Under the hypothetical worst- case operational scenario, 16 trains per day would shift from the existing tracks to the tail track. This is a substantially higher number of trains than JPB proposes to operate on the tail track under normal operating conditions. However, it provides an upper bound for analysis of impacts given that the exact number of trains utilizing the tail track may vary day to day based on operational needs and constraints. The total number of trains per day would not change under these assumptions; only the distribution by track would change as shown in Table III-4.

The potential change in noise levels at the closest Monte Vista Townhouse anticipated from the addition of the proposed tail track was estimated using FTA General Assessment procedures (FTA, 2006). Detailed information on the assumptions incorporated into the modeling is provided in the Noise and Vibration Technical Report (LBG, 2013). The analysis has been updated since the first Draft IS/MND to include both train operation and horn noise in the calculations. There are two levels of impact included in the FTA criteria, as summarized below:  Severe Impact: Project-generated noise in the severe impact range can be expected to cause a significant percentage of people to be highly annoyed by the new noise and represents the most compelling need for mitigation. Noise mitigation will normally be specified for severe impact areas unless there are truly extenuating circumstances that prevent it.  Moderate Impact: In this range of noise impact, the change in the cumulative noise level is noticeable to most people but may not be sufficient to cause strong, adverse reactions from the community. In this transitional area, other project-specific factors must be considered to determine the magnitude of the impact and the need for mitigation. These factors include the existing noise level, the predicted level of increase over existing noise levels, the types and numbers of noise-sensitive land uses affected, the noise sensitivity of the properties, the effectiveness of the mitigation measures, community views and the cost of mitigating noise to more acceptable levels.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 118 For this project, JPB has established its CEQA significance threshold for long-term operation noise to be the same as the FTA severe impact thresholds. This approach is reasonable because the FTA criteria take into account required considerations under CEQA, including the degree to which the project results in a substantial increase over existing noise levels.

The FTA noise impact criteria applicable to this project are shown in graphical form in Figure XII-7. Along the horizontal axis of the graph is the existing noise exposure and the vertical axis shows the noise exposure increase due to the project that will cause either moderate or severe impacts. The FTA airborne noise impact criteria are founded on well-documented research on community reaction to noise and are based on the future change in noise exposure using a sliding scale. At locations with higher levels of existing noise, smaller increases in total noise exposure are allowed.

Figure XII-7 Increase in Cumulative Noise Levels Allowed by FTA Criteria

Source: FTA, 2006. Transit Noise and Vibration Impact Assessment

Modeling of the existing noise level at the closest townhome obtained a result of 70.2 Ldn. For the proposed project, with the tail track located closer to the residences, the hypothetical worst- case result (based on 16 trains per day) was 70.6 Ldn or approximately 0.4 dBA higher than existing conditions. Figure XII-7 shows an increase of less than half a decibel is within the “no impact” range when the existing noise exposure is 70 Ldn. A change of 0.4 dBA would likely not be perceptible (a 3 dBA change is considered barely perceptible). Local noise standards are exceeded under existing conditions and this exposure was mitigated for by requiring special noise attenuation measures in the design of the Monte Vista townhomes. The proposed project will not appreciably increase existing noise at other locations based on the modeling results for the worst-case townhome location. Therefore, there is no impact.

Temporary Construction Impacts

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 119 Methodology. Construction noise was assessed using the Federal Highway Administration’s Roadway Construction Noise Model (RCNM). Input variables used in the model included equipment acoustic usage factors provided by the construction equipment database, the number of pieces of equipment used concurrently, distances to nearby noise sensitive receptors, shielding factors, where applicable, and equipment noise emission levels from the RCNM database. Detailed documentation of the construction noise impact analysis is provided in the Noise and Vibration Technical Report (LBG, 2013).

Impact Criteria. No standardized criteria have been developed for assessing construction noise impacts. Consequently, criteria must be developed on a project-specific basis unless local ordinances can be found to apply. According to the CEQA Guidelines, Appendix G, a substantial temporary or periodic increase in ambient noise levels in the project vicinity above existing levels can result in significant adverse impacts. For this project, a “substantial” temporary increase in noise levels was considered to occur if:  Major construction noise sources (such as pile drivers) are operated during times when construction is prohibited by the City of San Jose construction noise code (which limits hours of construction to 7am to 7pm weekdays), or  Construction is inconsistent with Caltrans Section 14-8.02 Noise Control standard specifications, which include not exceeding 86 dBA at 50 feet from the job site activities from 9 pm to 6 am and using appropriate mufflers on construction equipment, or  Construction activities result in noise levels that exceed the City of San Jose 2040 General Plan interior noise criterion for land use compatibility (45 dBA Ldn for residences).

In addition to the significance thresholds identified above, FTA provides recommended criteria for general assessment purposes that can be used to provide additional information on construction noise levels that will be experienced at sensitive receptors during the daytime. The general assessment criteria are based on a 1-hour Leq (the hour with the noisiest equipment operating) and for residential areas, the criteria are 90 dBA during the day and 80 dBA at night. FTA also provides separate criteria for a more refined/detailed analysis based on 8-hour Leq and 30-day average Ldn. However, given the uncertainties in predicting the exact position of construction equipment within the site over an 8-hour day, the 1-hour Leq general assessment criteria were determined to be appropriate for this project and the most compatible with the use of reasonable worst-case assumptions regarding the distance between the equipment and receptors, and the number of pieces of equipment assumed to be operating simultaneously.

During the nosiest portion of construction (pile driving), the unmitigated noise level for the closest Monte Vista townhome receptor would be up to 97.1 dBA (Leq21). During the two years of project construction, unmitigated noise levels exceeding 90 dBA would be limited to the daytime hours (7am to 7pm) and would occur infrequently, as a result of pile driving. The

21 Because environmental noise fluctuates from moment to moment, it is common practice to condense all of this information into a single number, called the “equivalent” sound level (Leq). Leq can be thought of as the steady sound level that represents the same sound energy as the varying sound levels over a specified time period (in this case one hour). ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 120 impact to the adjacent townhomes would be potentially significant without mitigation. Mitigation Measures NOI-01 through NOI-07 will reduce the predicted noise levels by at least 10 dBA. With mitigation, outdoor noise levels experienced at receptors will never exceed 90 dBA Leq and will be under 80 dBA Leq for the majority of the duration of construction.

It is important to note that the predicted construction noise levels are for outdoors and the sound level experienced indoors will be substantially lower due to attenuation through building walls. The Monte Vista Development EIR included special noise mitigation design measures (such as sound rated windows and doors) to address the exposure of residences to train operation noise.22 The townhomes on the periphery of the site have forced air mechanical ventilation so that windows do not need to be opened. The EIR required the design of the buildings to achieve an interior Ldn of 45 dBA and an interior Lmax of 55 dBA. To achieve the Lmax goal, the townhomes must attenuate noise from outdoors by at least 40 dBA (compared to 20-30 dBA attenuation provided by typical buildings). The Monte Vista Development EIR recommended walls with a sound transmission class rating of 45 and windows with a sound transmission class rating of 35 to meet the design goals. Subsequent design studies recommended windows with a sound transmission class rating of 37 for those residences on the site periphery near the rail corridor. Consequently, if the exterior construction noise level due to the project is 87 dBA 1-hr Leq after incorporating mitigation, the interior noise level in the townhouse will be approximately 47 dBA 1-hr Leq (during the loudest hour). Therefore, when the construction noise in the daytime is combined with the quieter nighttime noise levels with no construction occurring, the 24-hour interior level will be less than the San Jose long-term interior standard of 45 dBA Ldn.

Temporary construction noise levels at the Monte Vista townhomes will constitute a less than significant impact under CEQA after incorporation of Mitigation Measures NOI-01 through NOI- 07 because: noisy construction activities will be limited to between 7 am and 7 pm on weekdays (consistent with the San Jose construction noise code); limitations on construction at night and requiring the contractor to use mufflers will ensure consistency with Caltrans Section 14-8.02 Noise Control standard specifications; and the daytime peak construction noise will not exceed the San Jose General Plan long-term interior noise criterion of 45 Ldn at the closest residential receptor with incorporation of temporary noise barriers.

Noise levels similar to those discussed above for the closest Monte Vista Townhome will occur along portions of the Los Gatos Creek Trail adjacent to the construction site. Recreational users of the trail could easily shift to a different area of the trail to avoid construction (unlike the exposure of residences to construction noise). The trail is also used for transportation and commuters utilizing the trail will not have the option to relocate to other routes. However, such commuting users would likely be relatively less sensitive to noise disturbance than recreational users and regardless of sensitivity, would only be exposed to construction noise for a short duration as they move along the trail. With implementation of Mitigation Measures NOI-01 through NOI-07, noise impact to the Los Gatos Creek Trail will also be reduced to less than significant levels.

22 KB Home Monte Vista Residential Planned Development Zoning Project (Del Monte Plant #3 Site). Draft Environmental Impact Report. 2004. SCH# 2004022036 ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 121 The residential area just north of I-280 on the west side of the project limits will be briefly exposed to construction noise during the installation of the tail track, but will not be impacted by pile driving noise (the loudest construction noise associated with the project). Temporary noise barriers will not be necessary in this area; mitigation commitments limiting construction at night and requiring the use of mufflers will reduce impacts to less than significant.

With respect to the Sunol Community School, the maximum unmitigated noise level during pile driving will be 71.1 dBA Leq at the school itself and 72.9 dBA Leq at the outdoor basketball courts behind the school. While pile driving would be audible, the noise level is below the San Jose General Plan’s threshold of 75 dBA for long-term “unacceptable” outdoor noise for schools. Given that the predicted noise levels will be further reduced by other mitigation commitments and the temporary nature of the construction noise, impacts to the school are considered less than significant. b. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?

Long-Term Impacts

The approximate increase in vibration level due to the shift of a portion of train traffic closer to the Monte Vista Townhomes was examined using FTA guidance manual General Assessment procedures (FTA, 2006). For heavily used rail corridors (defined as greater than 12 trains per day), the proposed project is considered to cause a vibration impact if it approximately doubles the number of vibration events per day or increases vibration levels by 3 VdB or more in comparison to the existing condition. The Caltrain mainline is a heavily used rail corridor under FTA’s definition. Each train pass-by is considered a vibration event under the FTA methodology. For this project, JPB has established its CEQA significance threshold for long- term transit vibration annoyance impacts to be the same as the FTA impact threshold.

A screening analysis was performed and the results showed moving the track closer will increase vibration at the residences by less than 3 VdB. Therefore, no significant operational vibration impacts will occur and no mitigation is required. Supporting technical information on the vibration screening analysis is provided in the Noise and Vibration Technical Report (LBG, 2013).

Construction Impacts

The potential for building damage to the Monte Vista Townhomes, Orchard Supply Hardware Store, West San Carlos Street Overpass and a remnant wall of the former Del Monte cannery23 was analyzed.

23 The remnant wall is not part of an occupied structure and is a decorative feature of the Monte Vista Townhome development (as part of the cultural resources mitigation for the townhome project). The remnant wall was evaluated in the Historic Resources Inventory and Evaluation Report (JRP, 2013) and was determined not to qualify as a historic resource under CEQA. ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 122 Table XII-1 summarizes the building damage criteria recommended for various building types by the FTA guidance manual and the Caltrans Transportation- and Construction-Induced Vibration Guidance Manual (2004). For this project, JPB has established its CEQA significance threshold for vibration building damage during construction to be the same as the FTA criteria.

For the Monte Vista Townhomes development, 0.5 PPV was selected as the appropriate vibration damage threshold based on the recent nature of the construction (constructed 2007- 2009) and the incorporation of seismic design standards. The Del Monte Homes DEIR committed to incorporating standard seismic safety design techniques in the townhomes, including meeting Uniform Building Code guidelines for seismic Zone 4.24 The selected impact threshold is consistent with the Caltrans recommended threshold for new residences and the FTA recommendation for structures made from reinforced concrete.

Table XII-1 FTA and Caltrans Construction Vibration Damage Criteria

FTA Criteria Building Type PPV (in/sec) Reinforced concrete, steel or timber (no 0.5 plaster) Engineered concrete and masonry (no 0.3 plaster) Non-engineered timber and masonry 0.2 buildings Buildings extremely susceptible to vibration 0.12 damage Caltrans Criteria Building Type PPV (in/sec) Modern industrial/commercial buildings 0.5 New residential structures 0.5 Older residential structures 0.3 Historic and some old buildings 0.25 Fragile buildings 0.1 Extremely fragile historic buildings, ruins, 0.08 ancient monuments

For the Del Monte remnant walls incorporated into the Monte Vista development, the West San Carlos Street Overpass and the Orchard Supply hardware store, 0.3 PPV was selected as the vibration cosmetic damage threshold. These structures do not meet modern building standards/involve reinforced construction methods, but are not extremely fragile historic structures.

For the two occupied structures (Monte Vista and Orchard Supply Hardware Store), the results show the predicted vibration levels would be well below the applicable damage thresholds.

24 KB Home Monte Vista Residential Planned Development Zoning Project. Draft Environmental Impact Report. 2004. SCH#: 2004022036 ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 123 For the Del Monte remnant wall and West San Carlos Street Bridge, the analysis results indicate the potential for cosmetic damage from pile driving. This impact will be mitigated to less than significant through mitigation commitments to pre-construction surveys of structure conditions and vibration monitoring/adaptive management during the start of pile driving. It is likely that actual vibration levels will be less than predicted in the screening-level planning analysis. If monitored vibration levels begin to approach the thresholds identified above, the contractor will be required to use different equipment (a pile driver with less impact) for that portion of the work. In the unlikely event of cosmetic damage, the pre-construction surveys would allow for this to be assessed and rectified by the JPB.

Temporary vibration human annoyance impacts were evaluated using FTA procedures (vibration levels below those that could cause building damage can still cause annoyance). Vibration levels during construction would be noticeable, but would not exceed the Caltrans 0.4 PPV threshold for “severe annoyance”, which was also adopted as the CEQA significance threshold for this project. The FTA vibration criterion of 80 VdB (indicating some level of annoyance, but not necessarily unacceptable or severe annoyance) would be exceeded at distances of 160 feet from each pile. This impact area includes the first two blocks of Monte Vista Townhomes closest to the bridge. A portion of the Orchard Supply Hardware store would also be affect by vibration levels 80 VdB or higher. Detailed information on the vibration analysis methodology and results is provided in the Noise and Vibration Technical Report (LBG, 2013).

With implementation of Mitigation Measures VIB-01 and VIB-02, the potential cosmetic damage impact to Del Monte remnant wall and West San Carlos St. overpass, and the temporary annoyance impact to the Monte Vista Townhomes will be reduced to less than significant levels. Some of the mitigation measures outlined below for construction noise will also serve to mitigate vibration impacts, including the limitation on nighttime construction, the pre-drilling of piles and a proactive community outreach program. c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project?

The project does not involve changes in the number of trains or their speed. The addition of the tail track and diversion of a portion of existing train traffic to the tail track has a minimal (less than half of an A-weighted decibel) on overall noise levels as expressed through the Ldn noise metric (see the response to item a). Therefore, the impact is less than significant. d. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?

Refer to item a for a summary of the temporary construction noise impact analysis methodology and results. After incorporating Mitigation Measures NOI-01 through NOI-07, the temporary increase in noise is not considered “substantial” because:

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 124  By limiting noisy construction activities to between 7 am and 7 pm on weekdays, the proposed project will be consistent with the San Jose construction noise code. Limited track work that must occur at night will not include pile driving and will include advance public notification of nearby residents.  Limitations on construction at night and requiring the contractor to use mufflers will ensure consistency with Caltrans Section 14-8.02 Noise Control standard specifications.  The daytime peak construction noise will not exceed the San Jose 2040 General Plan long-term interior noise criterion of 45 Ldn at the closest residential receptor with incorporation of temporary noise barriers.

Therefore, the impact is less than significant with mitigation. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The project is not located within an airport land use plan; therefore there is no impact. f. For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?

The project is not located within the vicinity of a private airstrip; therefore there is no impact.

Mitigation Measures for Temporary Impacts

No mitigation is required for long-term impacts. The following mitigation measures identified above are required to be implemented as part of the proposed project to reduce temporary noise and vibration impacts to a less than significant level.

 Mitigation Measure NOI-01: The project will limit nighttime construction. Pile driving will not be permitted on weekdays before 7 am or after 7 pm or on weekends, which corresponds to the times that people are most sensitive to noise. Advance public notice will be provided to nearby residents regarding planned construction activities (such as certain track work) that must be performed at night or on weekends.

 Mitigation Measure NOI-02: The project will include construction noise monitoring. A long-term unattended noise monitor will be installed near the Monte Vista townhomes to ensure contractor compliance with construction noise mitigation and to enable a proactive response to any problems. The monitoring data will be accessible to the contractor and JPB online and provide automatic notification if preset thresholds are exceeded.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 125  Mitigation Measure NOI-03: When not in use, idling equipment must be turned off. Consistent with mitigation measure AIR-01, all equipment must be turned off within five minutes of idling and diesel equipment must be turned off within two minutes of idling.

 Mitigation Measure NOI-04: Use newer equipment with improved noise muffling and ensure that all equipment items have the manufacturers’ recommended noise abatement measures, such as mufflers, engine covers, and engine vibration isolators, intact and operational. Newer equipment will generally be quieter in operation than older equipment. All construction equipment will be inspected at periodic intervals to ensure proper maintenance and presence of noise control devices.

 Mitigation Measure NOI-05: Use temporary perimeter noise barriers or curtains. Retain an acoustics engineer to design a portable noise barrier system25 capable of reducing ground-level noise levels at the Monte Vista townhomes by at least 10 dBA prior to the start of construction. Noise blankets or shrouds will be used on pile drivers to provide additional attenuation (the height of pile drivers makes mitigation with typical temporary noise barriers less effective). Different combinations of temporary noise mitigation measures may be needed during different project phases; these details will need to be established in the noise mitigation plan. Noise mitigation must ensure that access to the Los Gatos Creek Trail and local businesses are not affected by temporary barrier placement and that no vegetation removal outside of the permitted limits of disturbance is required. The noise mitigation plan must also address temporary barrier maintenance issues, such as periodic graffiti removal or selection of materials that discourage graffiti.

 Mitigation Measure NOI-06: Pre-drill pile locations to the extent practicable (given soil conditions) to minimize the number of pile-driving impacts required.

 Mitigation Measure NOI-07: Implement a Community Outreach Program. JPB will keep residents informed regarding construction plans so residents can plan around periods of particularly high noise levels and to provide a conduit for residents to express any concerns or complaints. The Community Outreach Program may include a project hotline for receiving construction-related noise and vibration complaints and to assist in addressing them.

 Mitigation Measure VIB-01: Pre-Construction Building Surveys. The condition of the first row of Monte Vista Townhomes, the Del Monte remnant wall, the West San Carlos Street Overpass, and the Orchard Supply Hardware store will be documented prior to construction to serve as a baseline for assessing any potential cosmetic damage.

25 Several commercial products are available, including the following examples: Sound Fighter Systems LSE Mobile Noise Barriers- http://www.soundfighter.com/noise-applications/lse-mobile- noise-barriers Sound Seal BBC-13-2 lb – 2” Noise Barrier/Absorber Composite http://www.soundseal.com/barricade/BBC-13-2- noise-barrier-sound-absorber-composite.shtml Echo Barrier http://www.acousticalsurfaces.com/temporary-barrier/echo-barrier.html?gclid=CPf- gaWIvrcCFUmY4AodMQoApw ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 126  Mitigation Measure VIB-02: Construction Vibration Monitoring and Adaptive Management. A vibration monitoring plan will be developed by the contractor to ensure that vibration levels during pile driving do not approach or exceed identified damage thresholds or create severe annoyance impacts. The monitoring results will be available to the public on request and documented in a technical report. If initial pile driving tests indicate vibration levels that approach cosmetic damage thresholds (based on thresholds selected in the IS/MND analysis), the contractor will be required to use a pile driver with a smaller impact (the impact analyses assumes an 80,000 ft/lbs pile driver).

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 127 XIII. POPULATION AND HOUSING: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?

Environmental Setting

The project area includes the Cannery Square at Monte Vista townhome and condominium complex located to the west, an Orchard Supply Hardware store to the east, and additional residences and businesses to the south. The nearest rail station that serves this community is the San Jose Diridon Station north of the project area.

Impact Discussion a. Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?

The proposed project will not induce population growth in the area. The project does not include the addition of homes or businesses, nor does it provide improvements to the local infrastructure that serves nearby residences or businesses. The Los Gatos Creek Bridge replacement will not result in increased commuter rail or freight rail services to the nearby San Jose Diridon Station. The project will result in improved operations at the San Jose Diridon Station; however, those improved operations are not anticipated to spur growth in the community. Therefore, there is no impact. b. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?

The proposed project will not result in the displacement of any existing housing. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 128 c. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere?

The proposed project will not result in the displacement of any existing housing. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 129 XIV. PUBLIC SERVICES: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Fire protection?

Police protection?

Schools?

Parks?

Other public facilities?

The following policy from the City of San Jose General Plan (Envision San Jose 2040) pertains to the proposed project:

Policy FS-5.6: When reviewing major land use or policy changes, consider the availability of police and fire protection, parks and recreation and library services to the affected area as well as the potential impacts of the project on existing service levels.

Environmental Setting

Fire Protection

The project site is entirely within the City of San Jose and is served by the San Jose Fire Department (SJFD). The nearest fire station (Station 30, Battalion 1) is located on Auzerais Avenue approximately 1/2 mile northeast of the project site.

Police Protection

The project area is served by the San Jose Police Department (SJPD). The main police headquarters is located at 201 West Mission Street, and the SJPD has three field/patrol operation divisions (Foothills, Southern, and Western) that cover 16 police districts. The project area is located in the Western Division, District E (Edward).

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 130 Schools

The Community School at Sunol (formerly the Novo Community School), an alternative school within the Santa Clara County Office of Education, is located approximately 900 feet northwest of the project site. Other schools near the project area include the San Jose Unified School District’s Gardner Academy (located 1/4 mile south of the project site) and Herbert Hoover Middle School and Lincoln High School (each located 1.5 miles northwest of the project site). San Jose City College is located approximately 1 mile west of the proposed project.

Parks

The Los Gatos Creek Trail, maintained by the City of San Jose, is located immediately west of and adjacent to the proposed project. An extension of the Los Gatos Creek Trail is planned to cross under the Los Gatos Creek railroad bridge along the west bank of the creek.

The City of San Jose also operates and maintains three park and recreation facilities in the vicinity of the proposed project, including Gregory Plaza Tot Lot about 1/4 mile south, Gardner Community Center about 1/3 mile southeast, and Cahill Park about 1/3 mile north of the project area.

Impact Discussion a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services:

Fire Protection

The project will not provide or alter any existing fire facilities. During construction, Auzerais Avenue will be temporarily closed at the at-grade crossing for only two weekends over the course of the 2-year construction period, beginning on a Friday night and ending on the following Monday morning. The contractor will be required to prepare and implement a traffic management plan, and project special provisions will require that emergency service providers be given adequate advance notice of any street closures and detours during construction phases of the proposed project. Because of the limited duration of the closure and the availability of numerous alternative routes, no significant adverse impact will occur.

After construction of the proposed project, the widened grade crossing at Auzerais Avenue as a result of the tail track will require an additional three to five seconds of gate down time when a train is crossing Auzerais Avenue. As further discussed in Section XIV, the level of service at the grade crossing will not be significantly impacted with the additional gate down time. Therefore, there is a less than significant impact on fire service operations.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 131 Police Protection

The project will not provide or alter any existing police facilities. During construction, Auzerais Avenue would be temporarily closed at the at-grade crossing for only two weekends over the course of the two-year construction period, beginning on a Friday night and ending the following Monday morning. The contractor will be required to prepare and implement a traffic management plan. The Traffic Management Plan will require that emergency service providers be given adequate advance notice of any street closures and identified detours during construction phases of the proposed project. Because of the limited duration of the closure and the availability of numerous alternative routes, no significant adverse impact will occur.

As discussed above, after construction of the proposed project, the widened grade crossing at Auzerais Avenue as a result of the tail track will require an additional three to five seconds of gate down time when a train is crossing Auzerais Avenue. As discussed in Section XIV, the level of service at the grade crossing will not be significantly impacted with the additional gate down time. Therefore, there is a less than significant impact on police service operations.

Schools

The proposed project will not provide or alter any school facilities, nor will it construct any housing or induce any growth in the area. Therefore, there is no impact to schools.

Parks

The proposed project will not provide or alter any existing park and recreational facilities, nor will it construct any housing or induce any growth in the area. The following sections address the existing Los Gatos Creek trail and the proposed future extension of the trail under JPB’s Los Gatos Creek railroad bridge.

Existing Los Gatos Creek Trail

A 0.7-mile paved section of the Los Gatos Creek Trail is located adjacent to and west of the proposed project site (trail segments LGC02 and LGC03). The southern end of this portion of the trail begins at Lonus Street and generally parallels the Los Gatos Creek, passing under I- 280, crossing Auzerais Avenue at-grade, and terminating at Dupont Street (a local street just south of the elevated West San Carlos Street Bridge over the Caltrain/UPRR tracks).

The trail is owned and maintained by the City of San Jose, Department of Parks, Recreation and Neighborhood Services. South of the project area there is an approximately 1-mile on- street connection to a 1.4-mile paved section of the Los Gatos Creek Trail (trail segments LGC05 and LGC06) that begins where the Los Gatos Creek crosses Meridian Avenue (see Figure XIV-1). The Los Gatos Creek Trail is located outside the JPB ROW and the limits of project construction activities will not encroach on the trail during project construction. The trail will remain open throughout construction as it plays an important role in the local non-motorized transportation network. Refer to Section I (Aesthetics) and Section XII (Noise) for information on indirect visual and noise impacts to trail users. ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 132 Figure XIV-1 Overview of Existing Los Gatos Creek Trail System in San Jose

Los Gatos Creek Railroad Bridge

Planned Los Gatos Creek Trail Extension

The City plans to extend the Los Gatos Creek Trail to the north from its current terminus at Dupont Street to West Santa Clara Street (Los Gatos Creek Trail Reach 5 Master Plan, 2008). As shown in Figure XIV-2, the Reach 5 Master Plan calls for the trail to extend under the Los Gatos Creek Railroad Bridge along the northern bank of the creek. The trail will then continue to the northeast, passing underneath the elevated West San Carlos Street overpass. The City of San Jose is currently advancing the trail extension project in coordination with JPB. A description of the current conceptual plan for the trail in the vicinity of the Los Gatos Creek Bridge undercrossing is provided below. However, the details of this plan may be modified as the design of the trail advances. The City does not currently possess an easement for construction of a trail within the JPB ROW and will also need to obtain a license to construct the trail, as well as a right-of-entry permit.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 133 Figure XIV-2 Los Gatos Creek Trail Reach 5 Master Plan, Undercrossing at the Los Gatos Creek Railroad Bridge

Beginning at the old Del Monte plant water tower, the Reach 5 Master Plan calls for removing the existing at-grade trail and reconstruct the trail to create a below-grade ramp to the undercrossing. The ramp is necessary because of the elevation difference between the existing trail elevation at the top of the Los Gatos Creek bank and the proposed undercrossing location near the creek channel itself. The ramp will be excavated to create a 5- percent grade in order to safely accommodate wheelchair users and bicyclists. Figure XIV-3 (cross section B) shows a typical section of the reconstructed trail ramp. The trail pavement will be 12-foot wide porous concrete, with concrete retaining walls as required to address grade differences. A guardrail will be provided along the top of the retaining wall on the residential side of the trail.

After approximately 300 feet, the ramp will deviate from the existing trail alignment and cross the Los Gatos Creek riparian area to connect with the undercrossing location. Access to the trail from Dupont Street will be maintained by constructing a series of stairs.

Under the Los Gatos Creek Bridge, the trail width will be 12 feet wide as shown in Figure XIV-4 (cross section C). The City’s Reach 5 Master Plan calls for an 8-foot vertical clearance and security lighting underneath the railway bridge to meet County and City trail standards. The City proposed to provide a level shoulder on the creek side of the trail to avoid needing a guardrail that could trap debris. The Master Plan also recommended providing riprap, willow poles, and erosion control blankets on the creek side of trail to reduce potential for scour and provide slope stabilization. The City acknowledged the trail would occasionally be subject to flooding at the undercrossing due to the proximity to the creek channel.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 134 Figure XIV-3 Cross Section B: Los Gatos Creek Trail Ramp Down to Railroad Undercrossing

The final design of the Los Gatos Creek Bridge will be coordinated with the City of San Jose to ensure the development of the Los Gatos Creek Trail undercrossing is not impacted by the bridge replacement. The location of the undercrossing itself will still remain available for the trail with the proposed bridge design. The expansion of the bridge for the tail track may reduce the vertical clearance between the proposed trail alignment and the railroad. JPB and the City are working to develop a solution that allows for the desired ramp grade, while maintaining an 8-foot vertical clearance between the trail and railroad, and minimizing riparian habitat impacts. Based on this ongoing coordination, the Los Gatos Creek Bridge will not prevent the Los Gatos Creek Trail extension/undercrossing from being constructed and there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 135 Figure XIV-4 Cross Section C: Los Gatos Creek Trail Railroad Undercrossing

Other Public Facilities

The proposed project will not require additional public services other than maintenance of the railroad ROW that will be provided by the JPB. The new bridge will not require any additional levels of effort to maintain, as the replacement will be constructed in the existing location. Therefore, the proposed project has no impact on other public facilities.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 136 XV. RECREATION: Potentially Less Than Less Than No Significant Significant Significant Impact Impact with Impact Mitigation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

City of San Jose General Plan (Envision San Jose 2040)

The following goals from the City of San Jose General Plan pertain to the proposed project:

Goal PR-1: Provide park lands, trails, open space, recreation amenities, and programs, nationally recognized for their excellence, which enhance the livability of the urban and suburban environments; preserve significant natural, historic, scenic and other open space resources; and meet the parks and recreation services needs of San José’s residents, workers, and visitors.

Goal PR-2: Build healthful communities through people, parks, and programs by providing accessible recreation opportunities that are responsive to the community’s health and wellness needs.

Environmental Setting

A 0.7-mile paved section of the Los Gatos Creek Trail, maintained by the City of San Jose, is located adjacent to and west of the proposed project site. There is an approximate one-mile on- street connection to a 1.4-mile paved section of the Los Gatos Creek Trail that begins where the Los Gatos Creek crosses Meridian Avenue. The City plans to extend the Los Gatos Creek Trail to the north from its current terminus at Dupont Street north to West Santa Clara Street (Los Gatos Creek Trail Reach 5 Master Plan, 2008). See discussion of the trail extension in Section XIV.

Impact Discussion a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?

The proposed project does not include any residential or commercial development that could increase use of an existing park or recreational facility. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 137 b. Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?

The proposed project will not construct any new recreational facilities or expand any existing recreational facilities. During construction, the Los Gatos Creek Trail will remain open to users at all times. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 138 XVI. TRANSPORTATION/TRAFFIC: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities?

The Traffic Impact Technical Memorandum for the Los Gatos Creek Bridge Replacement/South Terminal Phase III Project, prepared in November 2013, details the traffic study performed for the proposed project.

Level of Service

The primary performance indicator for intersections is level of service (LOS). LOS is a qualitative measure that describes operational conditions and provides an index to the quality of traffic flow. LOS is defined in letter designations from A to F. LOS A represents the best operating condition, LOS C describes a stable flow condition, and LOS F represents the worst operating condition and is generally considered “unacceptable” to most drivers. Since the LOS of a traffic facility is a function of the traffic flows placed upon it, the LOS of a facility may vary greatly, depending on the time of day, day of week, or period of year. LOS for signalized and un-signalized intersections is defined in terms of average control delay, which is a measure of driver discomfort, frustration, fuel consumption, and lost travel time (See Table XVI-1). The

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 139 average control delay includes initial deceleration delay, queue move-up time, stopped delay, and final acceleration delay.

Table XVI-1 Intersection Level of Service Criteria

Average Control Delay (seconds/vehicle) Level of Service Unsignalized Intersections Signalized Intersections A 0 to 10 ≤10

B >10 to 15 >10 to 20

C >15 to 25 >20 to 35

D >25 to 35 >35 to 55

E >35 to 50 >55 to 80

F >50 >80 Source: Highway Capacity Manual (TRB, 2000).

The project area is subject to the City of San Jose Transportation Impact Policy. The San Jose Traffic Impact Analysis Handbook—Policies & Guidelines, Volume II, 2011 defines acceptable intersection operations in the City of San José as LOS D or better. Moreover, the City of San Jose General Plan (Envision San Jose 2040) includes policy TR-5.3: The minimum overall roadway performance during peak travel periods should be LOS D except for designated areas.

At-Grade Crossing Delay Model

An at-grade crossing delay study was used to estimate the delay experienced by vehicular traffic crossing railroad tracks. The model presents the following measures of crossing delay:  Average delay per highway vehicle, in seconds – This is the average delay per vehicle crossing railroad tracks during a 24-hour period. It is used to compute the corresponding LOS based in the 2000 HCM signalized intersection delay criteria shown in Table XVI-1.  Total delay per day at crossing, in vehicle hours – This delay includes the time waiting for the traffic queue to dissipate as well as when the crossing is closed by the gate.  Maximum average delay per vehicle, in seconds – This statistic measures the average delay per vehicle resulting from the worst crossing blockage of the day caused by a single train.

Environmental Setting

Regional Access is provided by I-280, California State Route 87 (Guadalupe Parkway) and Interstate 880 (I-880). Local access to the site is provided by Bird Avenue/South Montgomery Street, West San Carlos Street, Sunol Street and Auzerais Avenue. Key roadways in the project study area include:

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 140  I-280, an eight-lane east-west freeway within the study area;  California State Route 87, a four-lane north-south freeway;  I-880, a six-lane north-south freeway;  Auzerais Avenue, an east-west two-lane arterial with sidewalks and parking on both sides of street. Auzerais Avenue runs through the at-grade crossing between Bird Avenue and Sunol Street;  Bird Avenue, a four to six lane north-south arterial intersecting Auzerais Avenue on the east side of the project site;  Sunol Street, a north-south two-lane street with access to the west side of the at-grade rail crossing through an un-signalized intersection with Auzerais Avenue;  West San Carlos Street, an east-west four-lane street that is grade separated where it passes over railroad tracks;  Dupont Street, and east-west two-lane dead-end street extending from West San Carlos Street to the Los Gatos Creek Trail and railroad tracks.

The study intersections analyzed during the AM and PM peak hours include:  Bird Avenue and Auzerais Avenue (signalized)  Bird Avenue and West San Carlos Street (signalized)  West San Carlos Street and Sunol Street (signalized)  Sunol Street and Auzerais Avenue (unsignalized)  South Montgomery Street and Park Avenue (signalized)  At-grade crossing at Auzerais Avenue.

Under existing conditions, all the intersections selected for analysis operate at an acceptable LOS D or better during AM and PM peak hours.

Existing rail operations in the project area are summarized in the project description section of this Revised Draft IS/MND, as part of the discussion of the need for the tail track. Using the same criteria used to evaluate the LOS delay at the intersections, the at-grade crossing at Auzerais Avenue has a low average delay per vehicle, resulting in a LOS A.

Impact Discussion a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit?

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 141 Long-Term Impacts

The only potential long-term impact of the proposed project on traffic will be at the Auzerais Avenue at-grade crossing where JPB estimates the length of gate down time will increase by approximately three to five seconds due to the increased length of the crossing with the addition of the tail track. The proposed project does not include any increase in the number of trains utilizing the crossing. Given the existing LOS A at this crossing, the increase in delay due to four seconds longer of gate down time will not cause an exceedance of the City of San Jose’s LOS standard. In addition, a cumulative impact analysis was performed that considered the impact on the at-grade crossing from future development projects and future increases in train service independent of this project. Even in the 2020 cumulative condition, the details of which are provided in the Traffic Technical Report, the crossing would operate at LOS C. The impact is less than significant.

The replacement bridge and tail track will improve the reliability of the rail transportation system.

Temporary Construction Impacts

Project-related construction trip generation (six inbound and six outbound Passenger Car Equivalents per hour) is negligible in comparison to existing peak hour traffic volumes (for example, 430 vehicles on Auzerais Avenue in the AM Peak hour). The additional traffic load will not substantially change volume to capacity and the affected intersections operate at an acceptable (as defined by San Jose26) LOS D or better. The impact is less than significant. Supporting technical information on existing traffic conditions and estimated construction traffic impacts is provided in the Traffic Technical Report (LBG, 2013).

The temporary Auzerais Avenue closure on two weekends will not exceed San Jose traffic impact standards because it would occur during the weekend, detour routes will be provided, and the weekend work will be scheduled to avoid major events at the SAP Center at San Jose.

Through the use of temporary bypass tracks, Caltrain and UPRR service will continue uninterrupted during construction of the new bridge and tail track. There will be no impact on these services.

The Los Gatos Creek Trail will remain open throughout construction. Sidewalks at the Auzerais Avenue at-grade crossing will be closed on two weekends, but detour route signage will be provided. Impacts to bicycle and pedestrian movements will be less than significant. b. Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways?

Long-Term Impacts

26 San Jose Traffic Impact Analysis Handbook – Policies & Guidelines, Volume II, 2011 ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 142 There would be negligible long-term effect on traffic congestion (see item a); therefore the project will be consistent with all programs and policies related to congestion management. There is no impact.

Temporary Construction Impacts

All of the intersections in the study area operated at an acceptable LOS D or better under existing conditions. The number of construction trips attributable to the proposed project will not change LOS at intersections operating at LOS C or better. The impact is less than significant. c. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks?

The proposed project is not located near an airport and does not involve aircraft use. There is no impact. d. Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?

The proposed project will not create hazardous design features. The Auzerais Avenue at-grade crossing will be reconstructed and will meet Caltrain safety standards (crossing gates, warning bells etc.). Prior to advertising the project, the JPB shall submit an application to the CPUC requesting authority to make minor modifications to the existing crossing at Auzerais Avenue, in accordance with the General Order 88B (Modify an Existing Rail Crossing) process of the CPUC. Specific safety improvements necessary for the crossing will be identified through the CPUC review process.

The project involves modifications to a portion of an existing rail corridor and does not introduce incompatible uses. There is no impact. e. Result in inadequate emergency access?

Long-Term Impacts

There will be no long-term effect on emergency access; access would remain the same as existing conditions. Therefore, there is no impact.

Temporary Construction Impacts

Auzerais Avenue will temporarily be closed at the at-grade crossing for two weekends, beginning on a Friday night and ending the following Monday morning. The contractor will be required to prepare and implement a traffic management plan, which will include provisions for continuous trail access during construction, and require that emergency service providers be given adequate advance notice of any street closures and detours. Because of the limited duration of the closure and the availability of numerous alternative routes, no significant adverse impact will occur. The impact is less than significant.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 143 f. Conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities?

The proposed project will have no conflicts with adopted policies, plans, or programs supporting alternative transportation.27 By reducing conflict with freight trains, the provision of the tail track is consistent with local and regional plans supportive of transit system reliability.28 The Los Gatos Creek Trail, a regional pedestrian/bicycle route, will remain open during construction and will experience no permanent impact as a result of the proposed project. The design of the Los Gatos Creek Trail extension project (which includes an undercrossing at the railroad bridge) is being coordinated with the design of the Los Gatos Creek Bridge Replacement/South Terminal Phase III Project to ensure both projects can meet their objectives. The construction site will be fenced from public access, thus no safety issues would occur. There is no impact.

27 For example, the San Jose 2040 General Plan includes a policy to “Increase substantially the proportion of commute travel using modes other than the single-occupant vehicle” (TR-1.3). San Jose’s mode shift target is to increase the percentage of commute trips to and from San Jose by transit to at least 20% by 2040 (from 4.1% in 2008). 28 Plan Bay Area includes a Transit Performance Initiative, which provides incentives to reward agencies that achieve improvements in ridership and service productivity. Plan Bay Area Target #10c is to “Reduce the share of transit assets past their useful life to 0 percent”. The proposed project would be supportive of both reliability and state of good repair-related goals. ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 144 XVII. UTILITIES AND SERVICE SYSTEMS: Potentially Less Than Less Than No Significant Significant Significant Impact Would the project: Impact with Impact Mitigation a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste?

City of San Jose General Plan (Envision San Jose 2040)

The following goals from the City of San Jose General Plan pertain to the proposed project:

Policy EC-3.5: Locate, design and construct vital public utilities, communication infrastruc- ture, and transportation facilities in a manner that maximizes risk reduction and functionality during and after an earthquake.

Goal IN-1: Provide and maintain adequate water, wastewater, stormwater, water treatment, solid waste and recycling, and recycled water infrastructure to support the needs of the City’s residents and businesses.

Policy IN-4.1: Monitor and regulate growth so that the cumulative wastewater treatment demand of all development can be accommodated by San José’s share of the treatment capacity at the San José/Santa Clara Water Pollution Control Plant.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 145 Existing Conditions

The Santa Clara Valley Water District manages the City of San Jose’s water system, including the supply of clean water and flood protection. The San José-Santa Clara Regional Wastewater Facility treats wastewater for all of the City of San Jose before it flows into the South San Francisco Bay.

Impact Discussion a. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?

The proposed project will not produce any wastewater. Therefore, there is no impact. b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?

The proposed project will not produce any wastewater nor any increase in water demand. Therefore, there is no impact. c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?

Increased stormwater runoff resulting from increases in impervious areas due to the proposed project will be captured by existing stormwater systems and Los Gatos Creek. Therefore, there is no impact. d. Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed?

The proposed project will not generate any new water demand. Water required for the project during construction (e.g., for dust control) will be minimal. Therefore, there is no impact. e. Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments?

The proposed project will not produce any wastewater. Therefore, there is no impact. f. Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs?

Solid waste generated by the proposed project will be limited to construction waste. Disposal of demolition and construction materials, including any hazardous wastes that may be

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 146 encountered, will occur in accordance with federal, state, and local regulations. Disposal will occur at permitted landfills and, due to the size of the project, will be minimal. Operation of the project will not result in additional solid waste disposal needs. Therefore, the impact is less than significant. g. Comply with federal, state, and local statutes and regulations related to solid waste?

The proposed project will comply with all federal, state, and local laws and regulations related to the disposal of solid waste. Therefore, there is no impact.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 147 XVIII. MANDATORY FINDINGS OF Potentially Less Than Less Than No Significant Significant Significant Impact SIGNIFICANCE: Impact with Impact Mitigation a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?

a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?

CEQA Guidelines Section 15065(a) requires a finding of significance if a project “has the potential to substantially degrade the quality of the environment.” In practice, this is the same standard as a significant effect on the environment, which is defined in CEQA Guidelines Section 15382 as “a substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.” This Revised Draft IS/MND, in its entirety, addresses and discloses all potential environmental effects associated with construction and operation of the proposed project. With incorporation of the mitigation measures identified in this document, no significant effects on the environment will occur and the project will not substantially degrade the quality of the environment.

The project will not substantially reduce the habitat of a fish or wildlife species. The project would have very small permanent impacts to riparian vegetation (0.063 acres) and Waters of the U.S. (0.255 acres). Riparian habitat impacts will be addressed through onsite or offsite mitigation, payment of in-lieu fees, or a combination of both. In-lieu fees will be determined ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 148 consistent with the Santa Clara Valley HCP Riparian Corridor Policy. In addition, a riparian restoration/enhancement plan would be developed, including exotic vegetation removal to improve habitat quality (Mitigation Measures BIO-04 and BIO-10). Impacts to Waters of the U.S. will be mitigated through an approved USACE mitigation bank (Mitigation Measure BIO- 07).

The project will not cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal. Several special-status species may occur in the project area and mitigation commitments have been incorporated to ensure the viability of these species is not impacted. As an example, Central California Coast steelhead (a federally threatened species) occur in Los Gatos Creek. The project includes numerous commitments to protect this species, such as limiting the in-water work window to June 15th through October 15th when the species is not present, insuring the flow of Los Gatos Creek will never be impeded during construction, a Storm Water Pollution Prevention Plan to minimize temporary water quality impacts, a spill Prevention and Response Plan, and mitigation implementation monitoring by qualified biologist. Mitigation measures tailored to the other species potentially present in the project area have been incorporated (see Section IV, Biological Resources).

The project will not eliminate important examples of the major periods of California history or prehistory. There are no significant historical architectural resources affected by the project and the likelihood of archaeological resources being encountered is low given prior disturbance of the site. If previously unidentified cultural materials are unearthed during construction, work will be halted in that area until a qualified archaeologist can assess the significance of the find. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?

This section summarizes the incremental effect of the proposed project in the context of other reasonably foreseeable projects occurring in the same the area. Topics for which the project would have no impact are not discussed, as there would be no potential for contribution to cumulative impacts for those topics. CEQA court cases have confirmed that absent substantial evidence that the project would have a considerable incremental effect, an in-depth study of potential cumulative impacts is not a prerequisite to preparing a Mitigated Negative Declaration.29

Aesthetics

Several other projects would alter the future aesthetics of the project area. The City’s future replacement of the West San Carlos Street overpass would be a prominent visual change, depending on the to-be-determined design differences from the current overpass. Similarly, the Caltrain electrification program would result in prominent visual environment changes related to

29 San Joaquin Raptor/Wildlife Rescue Center v. County of Stanislaus (1996) 42 Cal.App.4th 608 ______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 149 overhead catenary systems. The Orchard Supply Hardware store project would make substantial changes to that adjacent site (including demolition of existing buildings), but the use of the property would remain the same and aesthetics improved. The reconstruction and extension of the Los Gatos Creek trail under the railroad bridge would alter the appearance of the Los Gatos Creek riparian corridor, including vegetation removal and construction of retaining walls along the ramp down to the undercrossing. In the context of these other changes in the visual environment, the incremental impact of widening the existing railroad bridge to accommodate one additional track would be less than cumulatively considerable. In the long term, the existing positive visual characteristics of the site (i.e., riparian vegetation) will be enhanced by the proposed project through the removal of invasive exotic species and the addition of native inhabitants.

Air Quality

In the long-term, other projects and policies are expected to improve air quality in the project area, including the phase out of Caltrain diesel locomotives as part of the electrification program and increasingly strict emission standards for mobile sources. In the near-term, the proposed project could temporarily contribute construction-related emissions and exposure of sensitive receptors to air pollution at the same time as other construction projects, such as the Los Gatos Creek trail extension. However, the trail extension project is being coordinated with this project to minimize the total (cumulative) duration of construction and associated impacts. In addition, the proposed project incorporates numerous construction air quality mitigation measures (listed under Mitigation Measure AIR-01) to ensure the contribution of the project is less than cumulatively considerable.

Biological Resources/Hydrology and Water Quality

The primary action by others affecting biological and water resources is the Los Gatos Creek Trail extension, which impacts riparian habitat adjacent to the railroad bridge. Other actions in the area for which the impact on biological resources has not yet been determined include the Caltrain electrification program and the West San Carlos Street overpass replacement. Policy decisions regarding special-status species and actions of the Santa Clara Valley Water District related to regulating the flows of Los Gatos Creek may also impact biological resources. Mitigation Measures BIO-1 through BIO-11, and WQ1- 4 would render the project-related incremental impact less than cumulatively considerable.

Cultural Resources

No historic architectural resources would be impacted by the project, therefore there would be no contribution to cumulative impacts to historic resources. All of the construction projects in the area that include ground disturbance have the potential to impact archaeological resources, including the West San Carlos Bridge Replacement, Caltrain electrification, and the Los Gatos Creek Trail extension. The project would make a less than cumulatively considerable incremental contribution to potential impacts to archaeological resources through the placement of bridge piers. The risk of archaeological resources being impacted is low given the small area

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 150 of disturbance, the lack of known archaeological resources, and the previous ground disturbance throughout the project area.

Greenhouse Gas Emissions

Numerous policy and regulatory actions are addressing greenhouse gas emissions, including San Jose’s Greenhouse Gas Reduction Strategy, Plan Bay Area, Assembly Bill 32, and Senate Bill 375. At the same time, population and employment growth create upward pressure on the demand for energy and associated greenhouse gas emissions. There would be no project- related long-term impact on greenhouse gas emissions because the number of trains and locomotive operating parameters would not change. The project would contribute greenhouse gas emissions during construction, but temporary greenhouse gas emissions are not considered significant. Therefore, the impact of the project is less than cumulatively considerable.

Hazardous Materials

All of the construction projects proposed in the project area have the potential to encounter contaminated materials, as is routine for construction projects in urbanized areas. None of the projects in the immediate project area involve new permanent hazardous material exposure risks. The proposed project would not contribute to increased risk of hazardous materials exposure in the long-term because the number of trains per day would not change and freight trains would not normally use the tail track. During construction, proposed project involves management of lead-based paints, creosote wood waste, and contaminated soil in accordance with regulatory requirements. With incorporation of appropriate BMPs and creation of a spill prevention and control plan during construction, the temporary contribution of the project to hazardous materials exposure would be less than cumulatively considerable.

Noise

The proposed project may contribute construction noise that overlaps with or occurs sequentially with construction noise from other projects in the area, such as the Los Gatos Creek Trail extension. However, the trail extension is being coordinated with the bridge replacement to minimize impacts, including community noise impacts. The proposed project construction noise mitigation commitments include development of a noise mitigation plan to design a temporary noise barrier system, construction noise monitoring, and a community outreach program. With incorporation of these mitigation measures, the contribution of the project would be less than cumulatively considerable.

While electric trains are slightly quieter than diesel locomotives, the increase in the frequency of service (and potentially speed) under the Caltrain electrification program could increase train noise impacts to sensitive receptors. Severe impacts of electrification would be mitigated where feasible as part of the separate environmental review of that project. The permanent contribution of the tail track to noise impacts (shifting a portion of train traffic closer to residences) is less than cumulatively considerable. This conclusion is demonstrated by the operations noise analysis that showed that even a hypothetical worst-case shift of up to 16

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 151 trains per day to the tail track would not cause noise impacts based on FTA criteria. The predominant cause of potential future cumulative impacts related to train operations (such as noise) is the increased number of train passbys proposed as part of the Caltrain electrification program (which is being addressed in a separate EIR) and the actions of other service providers (ACE, Amtrak, UPRR).

Public Services

The temporary closure of Auzerais Avenue for two weekends will be coordinated with emergency response providers and alternative routes provided. Therefore, the contribution of the project in relation to all other factors influencing public services is less than cumulatively considerable.

Transportation/Traffic

Traffic volumes are influenced by land development projects occurring throughout the San Jose area. Project-related construction trip generation (six inbound and six outbound Passenger Car Equivalents per hour) is less than cumulatively considerable in comparison to existing and expected future peak hour traffic volumes. Similarly, the contribution of the tail track to traffic impacts (3 to 5 seconds increased at-grade crossing gate down time) is less than cumulatively considerable, with the predominant cause of delays being the future service increases proposed by Caltrain and others, as well as development projects such as Ohlone Towers. Even with future increases in train service and background traffic volume growth, the level of service of the Auzerais Avenue at-grade crossing would still be an acceptable LOS C in 2020 (compared to LOS A under existing conditions). The documentation of the quantitative at-grade crossing cumulative impact analysis is provided in the Traffic Technical Report. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?

The project has the potential to result in temporary noise and vibration impacts during construction to the nearby Monte Vista townhome residential community. However, with the identified mitigation measures, these direct impacts will be reduced to less than significant levels and there will be no substantial adverse impacts on human beings with the proposed project. In addition, there will be no indirect impacts on human beings with the proposed project.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 152 PART III REFERENCES

Balance Hydrologics, Inc., Geomorphic Recommendations for Los Gatos Creek Railroad Bridge Replacement Project, San Jose, California. July 2009.

California Department of Forestry and Fire Protection. 2008. Fire Hazard Severity Zones Map, MAP ID: FHSZL_c43_SanJose.

California Geologic Survey, formerly California Division of Mines and Geology. 2002. Seismic Hazard Zones Report 058, San Jose West Quadrangle Official Map. February 7, 2002.

Callander Associates Landscape Architecture, Inc. 2008. Los Gatos Creek Trail - Reach 5 Master Plan, June 20, 2008.

City of San Jose. 2011. Envision San Jose 2040 General Plan. November 2011.

______. 1992. City of San Jose, Midtown Specific Plan. December 8, 1992.

Far Western Anthropological Research Group, Inc. 2013. Archaeological Survey for the Los Gatos Bridge Replacement / South Terminal Phase III Project, Santa Clara County, California. July 2013.

HDR Engineering, Inc. 2013a. Biological Resource Evaluation for the Los Gatos Creek Bridge Replacement / South Terminal Phase III Project. November 2013.

______. 2013b. Jurisdictional Delineation of Waters of the United States for the Los Gatos Creek Bridge Replacement / South Terminal Phase III Project. August 2013.

______. 2013c. NMFS and USFWS Biological Assessment for the Los Gatos Creek Bridge Replacement / South Terminal Phase III Project. August 2013.

______. 2013d. Water Quality Technical Report for the Los Gatos Creek Bridge Replacement / South Terminal Phase III Project. November 2013.

ICF International, Inc. 2012. Final Santa Clara Valley Habitat Plan. Prepared for County of Santa Clara Planning Office. August 2012.

JRP Historical Consulting, LLC., Historical Resources Inventory and Evaluation Report, Los Gatos Bridge Replacement / South Terminal Phase III Project, Santa Clara County, California. July 2013.

The Louis Berger Group, Inc., 2013a. Air Quality Technical Report, Peninsula Corridor Joint Powers Board, Los Gatos Bridge Replacement / South Terminal Phase III Project. November 2013.

______. 2013b. Hazardous Materials Technical Report, Peninsula Corridor Joint Powers Board, Los Gatos Bridge Replacement / South Terminal Phase III Project. November 2013.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 153 ______. 2013c. Noise and Vibration Technical Report, Peninsula Corridor Joint Powers Board, Los Gatos Bridge Replacement / South Terminal Phase III Project. November 2013.

______. 2013d. Traffic Technical Report, Peninsula Corridor Joint Powers Board, Los Gatos Bridge Replacement / South Terminal Phase III Project. November 2013.

Mactec Engineering and Consulting Inc. 2010. Final Geotechnical Report for Los Gatos Creek Bridge Replacement Project, San Jose California. 2010.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 154 PART IV PREPARERS

HDR Engineering, Inc. Catherine P. LaFata, AICP, Transportation Environmental Project Manager Contribution: Project Management; Document Preparation Jelica Arsenijevic, Aquatic/Coastal Ecologist Contribution: Biological Resources Todd Wong, Senior Biologist Contribution: Biological Resources Lance Jones, P.E., QSD, LEED AP, Project Engineer Contribution: Hydrology and Water Quality Erin Goodrich, Project Coordinator/Planner Contribution: Document Preparation Assistance Brandon Jones, GIS Analyst Contribution: Document Preparation Assistance Dawn LoBaugh, Environmental Scientist / Professional Associate Contribution: Quality Control Review

The Louis Berger Group, Inc. Leo Tidd, AICP, Senior Planner Contribution: Document Review; Air Quality; Greenhouse Gases; Noise and Vibration Doug Pierson, Senior Planner Contribution: Construction Noise Wendy Aviles, Senior Transportation Planner Contribution: Transportation and Traffic Doug Ganey, Principal Environmental Scientist Contribution: Hazardous Materials

JRP Historical Consulting, LLC. Rebecca Bunse, Partner Contribution: Historic Resources Cheryl Brookshear, Architectural Historian Contribution: Historic Resources Polly Allen, Architectural Historian Contribution: Historic Resources

Far Western Anthropological Research Group, Inc. Adrian Whitaker, Ph.D. Contribution: Archaeological Resources Brian Byrd, Ph.D. Contribution: Archaeological Resources Michael Darchangelo Contribution: Archaeological Resources

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 155

This page left blank intentionally.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 156

APPENDIX A

Responses to Comments on September 3, 2013 Draft IS/MND

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 157

This page left blank intentionally.

______Los Gatos Creek Bridge Replacement / South Terminal Phase III Project Revised Draft Initial Study / Mitigated Negative Declaration – December 2013 Page 158