Race Street and Grand Avenue Residential Development Project Initial Study/Mitigated Negative Declaration (IS/MND) and Environmental Assessment/Findings of No Significant Impacts (EA/FONSI) File No. PDC17-040 PUBLIC RESPONSES TO COMMENTS & TEXT CHANGES February 22, 2018 CEQA Lead Agency: City of San Jose Department of Planning, Building and Code Enforcement 200 East Santa Clara Street San Jose, California 95113 Phone: (408) 535-3555 SECTION 1 – SUMMARY OF COMMENTS The Race Street and Grand Avenue Residential Development project would demolish existing uses on the 2.3-acre site and construct two apartment buildings. Two housing development scenarios are considered for the site. Scenario 1 proposes the development of 206 multi-family apartment units and Scenario 2 proposes the development of 116 multi-family and 90 senior apartment units. Additionally, each scenario includes three options: a driveway on Grand Avenue and development of up to 8,500 square feet of retail/commercial space; a driveway on Race Street and development of up to 8,500 square feet of retail/commercial space; and a driveway on Grand Avenue with no retail/commercial space. An Initial Study/Mitigated Negative Declaration (IS/MND) and an Environmental Assessment / Finding of No Significant Impact (EA/FONSI), which addressed the environmental effects of the project under the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) were prepared and circulated to public agencies and the public for review. The IS/MND was circulated from January 12, 2018 to February 1, 2018. The EA/FONSI was circulated from January 19, 2018 to February 3, 2018. The City of San José received eight comment letters during the public comment period, as summarized in the table that follows: Comment Name Date Received Agency Comments A Santa Clara County Roads and Airports January 16, 2018 B Santa Clara Valley Transportation Authority (VTA) February 1, 2018 Individual and Organization Comments C Amah Mutsun Tribal Band January 13, 2018 D Jeff and Lee Charles January 25, 2018 E Lee Charles January 31, 2018 F Cass Ravenscroft January 26, 2018 G Hilary Spartz February 1, 2018 H Lindsay Van Sant January 24, 2018 This memo responds to comments on the IS/MND and EA/FONSI as they relate to the potential environmental impacts of the project under CEQA and NEPA. Numbered responses correspond to comments in each comment letter. Copies of the comment letters are attached. Responses to Comments & Text Changes PDC17-019 Race Street and Grand Avenue Residential Development Project Page 2 of 11 SECTION 2 - RESPONSES TO COMMENTS Comment Letter A: Santa Clara County Roads and Airports Comment A-1: The Roads and Airports Division does not have any comments regarding this project. However, I’ve routed the notice to the Dept. of Fleet and Facilities so you may receive comments from them. Thank you for contacting Roads and Airports. Response A-1: Commenter’s acknowledgement of no comments to this project is noted. No comments were received from the Department of Fleet and Facilities during the public circulation period. Comment Letter B: Santa Clara Valley Transportation Authority Comment B-1: Santa Clara Valley Transportation Authority (VTA) staff have reviewed the Initial Study and Transportation Impact Analysis (TIA) for development options that would allow up to 206 residential units and a potential for 8,500 square feet of retail or commercial use on a site located on the west side of Race Street between W. San Carlos Street and Park Avenue. It appears that the Preliminary Site Plan (Figure 2.2-1) for Option A - Grand Street Access with Race Street Retail will provide through access for pedestrians from Race Street to Grand Avenue. VTA supports Option A for enhancing pedestrian connectivity with the surrounding neighborhood. VTA supports the TIA's recommendation to provide the bicycle parking consistent with City of San Jose requirements, and Option B/Project Alternative 2's reduction of the proposed Race Street driveway width from 32 feet to 26 feet. VTA also supports the project's 10-foot wide sidewalks and streetscape elements on the project frontages. Response B-1: The comment is supportive of the project’s proposed pedestrian and bicycle accommodations. The comment does not raise any specific environmental issue under CEQA, therefore, no further response is required. Comment B-2: VTA notes that the Initial Study/TIA includes a development option (Option B) that retains the placement of parking along the ground floor of Grand Avenue, and appears to have blank building walls along the sidewalk that could compromise the quality of the pedestrian environment. VTA encourages the City and applicant to preserve the quality of the pedestrian environment by incorporating elements that provide rhythm and visual interest, such as some ground floor transparency, additional planted wall, and/or other elements that break up the monotony of a blank building wall. VTA looks forward to continuing its review of the project, in coordination with the developer and the City of San Jose through its development review process, and recommends retaining these pedestrian and transit-supportive elements in the final site plan. Responses to Comments & Text Changes PDC17-019 Race Street and Grand Avenue Residential Development Project Page 3 of 11 Response B-2: The comment encourages the City and project applicant to preserve the quality of the pedestrian environment by incorporating elements that provide rhythm and visual interest, such as some ground floor transparency, additional planted walls, and/or other elements that break up the monotony of a blank building wall. As described in the Initial Study, under Option B, the project proposes to plant ten street trees along Grand Avenue and install plantings between the two buildings. Additionally, as shown on Figure 2.2-3 of the Initial Study, the project proposes a metal ventilation screen with sight lines to the parking area in Parcel A, and windows and HardiePlank siding elements on the first floor of the Parcel B building. Comment C: Amah Mutsun Tribal Band Comment C-1: As this land is within the Tamien people’s area, it has been agreed it should be represented by the Muwema Tribal Band. Please contact their representatives. Response C-1: The Muwekma Tribal Band was notified through email of the project as part of the City’s standard circulation process. No responses from the Muwekma Tribal Band was received during the public circulation period. As discussed in Section 3.5, Cultural Resources of the IS/MND and EA/FONSI, as part of their archeological investigation, Holman & Associates contacted the Native American Heritage Commission to request a review of the Sacred Land Files (SLF) for any evidence of cultural resources or traditional properties of potential concern that might be known on lands within or adjacent to the project site. It was determined by the NAHC that no tribal cultural resources were identified during the review. Additional outreach has been conducted (phone calls or emails) to the identified Native American individuals/organizations and no responses, concerns, or additional comments regarding the project were provided. To date, no Native American tribes that are or have been traditionally culturally affiliated with the project vicinity have requested notification from the City of San José under AB 52 regarding the project and their effects on the tribal cultural resources. The project would implement mitigation measures and follow the City’s Standard Permit Conditions regarding archaeological resources and human remains, should they be encountered during project construction. During the preliminary investigation, Mitigation Measure MM-CUL 1.1 would require a mechanical presence/absence exploration to determine if there are any indications of discrete historic-era subsurface archaeological features. At least one trench shall be excavated to 15 feet deep to address the potential for subsurface Native American archaeological resources within the project area. In the event any human remains are found during any field investigations, grading, or other construction activities, the City’s Standard Permit Conditions require that all provisions of California Health and Safety Code Sections 7054 and 7050.5 and Public Resources Code Sections 5097.9 through 5097.99, as amended per Assembly Bill 2641, to be followed. In the event of the discovery of human remains during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains. The project applicant shall immediately notify the Supervising Environmental Planner of the City of San José Department of Planning, Building, and Code Responses to Comments & Text Changes PDC17-019 Race Street and Grand Avenue Residential Development Project Page 4 of 11 Enforcement and the qualified archaeologist, who will then notify the Santa Clara County Coroner. The Coroner will make a determination as to whether the remains are Native American. If the remains are believed to be Native American, the Coroner will contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC will then designate a Most Likely Descendant (MLD). The MLD will inspect the remains and make a recommendation on the treatment of the remains and associated artifacts. Comment Letter D: Jeff and Lee Charles Comment D-1: I am writing regarding the proposed project: file No. PDC17‐019 (Rezone for Race Street Residential)‐ 253 Race Street and the Mitigated Negative Declaration. My husband and I have read the documents provided by the city regarding traffic and environmental studies. While the studies seem to indicate --- all is ok with parking and traffic. We highly disagree. This is the real world. 206 multi‐ family apartments can easily equate to 500 more automobiles. All of which can only leave or enter their complex on Race. But the study goes one step further and says only 48 cars will leave in the morning.