San José/Evergreen Community College District Joint-Use 21st Century Post-Secondary Education Center Final Environmental Impact Report SCH No. 2014052022 Faculty
Toilet
Collaboration
Lab Prep Support
Biology Lab
Computer
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Collaboration Lobby Classroom #1
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PROJECT
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N.T.S. - Site boundary is unconfirmed at the time of this programming doc.
Prepared For:
San José/Evergreen Community College District 40 South Market Street San Jose, California 95113
Prepared by: I M PA C T S C I E N C E S , I N C . 14th
505 Street, Suite 1230 Oakland, California 94612 (510) 267-0494
May 2015
Joint-Use 21st Century Post-Secondary Education Center Final Environmental Impact Report
SCH No. 2014052022
Prepared for: San José/Evergreen Community College District 40 South Market Street San Jose, CA 95113
Prepared by: Impact Sciences, Inc. 505 14th Street, Suite 1230 Oakland, CA 94612
May 2015
TABLE OF CONTENTS Section
Page
1.0
INTRODUCTION ...................................................................................................................................1.0-1
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COMMENTS ON THE DRAFT EIR AND RESPONSES TO COMMENTS ...................................2.0-1 Agencies 1. San Francisco Public Utilities Commission ..........................................................................2.0-2 2. Valley Transportation Authority .........................................................................................2.0-12
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MITIGATION MONITORING AND REPORTING PROGRAM .....................................................3.0-1
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REPORT PREPARATION .....................................................................................................................4.0-1
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1.0 1.1
INTRODUCTION
PURPOSE OF THE FINAL ENVIRONMENTAL IMPACT REPORT
Under the California Environmental Quality Act (CEQA), following completion of a Draft Environmental Impact Report (EIR), the San José/Evergreen Community College District is required to consult with and obtain comments from public agencies that have jurisdiction by law or discretionary approval power with respect to the proposed project, and to provide the general public with opportunities to comment on the Draft EIR. On January 30, 2015, the San José/Evergreen Community College District, as the Lead Agency under CEQA, issued a Draft EIR on the proposed Joint-Use 21st Century Post-Secondary Education Center project. The Draft EIR was circulated for a 45-day public comment period that ended on March 16, 2015. During this period, the Campus held a public meeting on the Draft EIR on February 25, 2015 to receive verbal comments. No comments were received at the Draft EIR public meeting. CEQA requires that the Lead Agency prepare a Final EIR that must be considered by decision makers before approving or denying the proposed project. State CEQA Guidelines Section 15132 specifies that the Final EIR shall consist of the following: 1.
The Draft EIR or a revision to the draft.
2.
A list of the persons, organizations, and public agencies commenting on the Draft EIR.
3.
Comments and recommendations received on the Draft EIR either verbatim or in summary form.
4.
The response of the Lead Agency to significant environmental points raised in review and consultation process.
5.
Any other information added by the Lead Agency.
The Draft EIR, which is incorporated by reference, and this document (including comments, and responses to comments, and the Mitigation Monitoring and Reporting Program [MMRP]) constitute the Final EIR. A copy of the Final EIR is available on the Milpitas Unified School District website at http://www.musd.org The Final EIR is also available for review at the following location: Milpitas Unified School District Business Services Department 1331 E. Calaveras Boulevard Milpitas, CA 95035 Contact: Naomi Agraz
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1.0 Introduction
This document has been prepared pursuant to the State CEQA Guidelines. The Final EIR incorporates comments from public agencies and the general public, and contains responses by the Lead Agency to those comments that are relevant to the Draft EIR analysis. The Board of Trustees of the San José/Evergreen Community College District is responsible for reviewing and certifying the adequacy of this EIR and making a decision with respect to the proposed project.
1.2
ORGANIZATION OF THIS RESPONSES TO COMMENTS DOCUMENT
This document is organized into five sections. Following this introduction (Section 1.0), Section 2.0, Comments on the Draft EIR and Responses to Comments, contains a list of persons, agencies, and organizations that submitted written comments on the Draft EIR; reproductions of the written comments; and responses to those comments. Each comment is labeled with a number in the margin. Section 3.0, Mitigation Monitoring and Reporting Program, contains the MMRP for the project, and Section 4.0, Report Preparation, lists persons involved in the preparation of the Final EIR.
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2.0 2.1
COMMENTS ON THE DRAFT EIR AND RESPONSES TO COMMENTS
INDEX TO COMMENTS
As described in Section 1.0, Introduction, all comments on the Draft Environmental Impact Report (EIR) received in writing have been numbered, and the numbers correspond with the responses that follow. No comments were received at the Draft EIR public hearing. The agencies who commented on the Draft EIR are listed in Table 2.0-1, Index of Comments, below.
Table 2.0-1 Index of Comments Letter No.
2.2
Agency/Organization/Individual – Name
1
San Francisco Public Utilities Commission, dated March 9, 2015
2
Valley Transportation Authority, dated March 16, 2015
RESPONSES TO INDIVIDUAL COMMENTS
This section presents all written comments received on the Draft EIR and responses to individual comments.
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Letter No. 1
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2.0 Comments on the Draft EIR and Responses to Comments
Letter No. 1
Letter from San Francisco Public Utilities Commission, dated March 9, 2015
Response 1-1 As discussed in Chapter 3.0, Project Description, of the Draft EIR, potable and recycled water would be provided to the proposed project via existing water mains in Escuela Parkway, and the project would connect with these lines via 3- or 4-inch lateral mains. The existing water mains that the proposed project would connect to are owned and maintained by the City and are located along the edge of Escuela Parkway adjacent to the project site. The pipelines that are owned and maintained by the San Francisco Public Utilities Commission as part of the Hetch Hetchy Regional Water System are located under the grassy center median of Escuela Parkway. The proposed project would not encroach upon the SFPUC right of way for these pipelines and would not in any way affect these pipelines.
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Letter No. 2
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2.0 Comments on the Draft EIR and Responses to Comments
Letter No. 2
Valley Transportation Authority, Dated March 16, 2015
Response 2-1 The San Jose-Evergreen Community College District (SJECCD) will take the request by the VTA to widen the sidewalk along project’s Escuela Parkway frontage into consideration in the future; however, there is no funding available at this time to widen the sidewalk. Furthermore, the sidewalk is a City of Milpitas facility and any widening of the sidewalk along the project’s Escuela Parkway frontage would require approval from the City. Response 2-2 The commenter indicated that the VTA plans on placing a bus stop approximately 300 feet north of Monzano Street, which would place the stop in front of the project site No off-site improvements to Escuela Parkway would be required to serve the project. Therefore, the proposed project would not interfere with the VTA’s plans to place a new bus stop in front of the project site. Response 2-3 The SJECCD’s San Jose City College and Evergreen Valley College campuses currently participate in the VTA’s EcoPass program, which allows employers, universities, and private colleges to purchase passes that give their employees and/or students unlimited rides on VTA Bus, Light Rail and Express Bus services seven days a week. The SJECCD will consider extending this program to include students attending the proposed Joint-Use 21st Century Post-Secondary Education Center in the future.
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3.0
MITIGATION MONITORING AND REPORTING PROGRAM
The California Environmental Quality Act (CEQA) requires that a Lead Agency establish a program to monitor and report on mitigation measures adopted as part of the environmental review process to avoid or reduce the severity and magnitude of potentially significant environmental impacts associated with project implementation. CEQA (Public Resources Code Section 21081.6(a)(1)) requires that a Mitigation Monitoring and Reporting Program (MMRP) be adopted at the time that the agency determines to carry out a project for which an EIR has been prepared, to ensure that mitigation measures identified in the EIR are fully implemented. The MMRP for the proposed Joint-Use 21st Century Post-Secondary Education Center project is presented in Table 4.0-1, Joint-Use 21st Century Post-Secondary Education Center Mitigation and Monitoring Reporting Program. Table 4.0-1 includes the full text of the mitigation measures identified in the Final EIR. The MMRP describes implementation and monitoring procedures, responsibilities, and timing for each mitigation measure identified in the EIR, including: Impact: Identifies the impact number and statement from the Final EIR. Mitigation Measure: Provides full text of the mitigation measure as provided in the Final EIR. Implementation Schedule: Provides the timing of when the mitigation measure is to be implemented. Responsible Party: Designates responsibility for monitoring the implementation of the mitigation measure. Implementing Action: Identifies what actions will be taken to implement the mitigation measure. Status/Date/Initials: Monitors implementation of the mitigation measure. The San José-Evergreen Community College District (SJECCD) may modify the means by which a mitigation measure will be implemented, as long as the alternative means ensure compliance during project implementation. SJECCD staff or their representatives will be responsible for mitigation implementation, monitoring and reporting, and the administration of the program.
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3.0 Mitigation Monitoring and Reporting Program
Table 3.0-1 Joint-Use 21st Century Post-Secondary Education Center Mitigation Monitoring and Reporting Program
Significant Impact Aesthetics Impact AES-1: The proposed project would create new sources of substantial light or glare which could adversely affect day or nighttime views in the area.
Implementation Schedule
Mitigation Measure
Responsible Party
Implementing Action
MM AES-1: All exterior lighting on the proposed structure shall incorporate downward-directed lighting or cutoff-type lighting in order to minimize light spill and nighttime glare.
Prior to approval of construction design plans.
SJECCD staff
SJECCD will review design drawings and lighting plan and confirm that the lighting complies with the mitigation measure.
MM AQ-3: The contractor shall ensure that large diesel-powered equipment (e.g., tractors, dozers, loaders, cranes, heavy-duty trucks) used on the project site are fitted with diesel particulate filters verified to a CARB Level 3 standard, and powered by engines meeting a minimum of EPA Tier 3 emissions standards.
During construction contract development and during construction.
SJECCD staff
SJECCD will include the mitigation measure in the construction contract. SJECCD will conduct field inspections during construction to confirm that equipment meeting the required specifications is being utilized.
Status / Date/ Initials
Air Quality Impact AQ-3: The proposed project could expose nearby sensitive receptors to substantial concentrations of toxic air contaminants.
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3.0 Mitigation Monitoring and Reporting Program
Significant Impact Biological Resources Impact BIO-1: The proposed project could result in the loss of an occupied special-status or migratory bird nest.
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Implementation Schedule
Mitigation Measure MM BIO-1: If construction of proposed project would commence anytime during the nesting/breeding season of native bird species potentially nesting near the campus (typically February through August in the project region), a pre-construction survey of the project vicinity for nesting birds shall be conducted. The survey shall be conducted by a qualified biologist (i.e., experienced with the nesting behavior of bird species of the region) two weeks before the commencement of construction activities. The intent of the survey would be to determine if active nests of special-status bird species or other species protected by the Migratory Bird Treaty Act and/or the California Fish and Wildlife Code are present within the construction zone or within 500 feet of the construction zone. The survey area shall include all trees, shrubs, and buildings in the construction zone and a surrounding 500 feet area. If active nests are found in areas that could be directly affected or are within 500 feet of construction and would be subject to prolonged construction-related noise, a no-disturbance buffer zone shall be created around active nests during the breeding season or until a qualified biologist determines that all young have fledged. The size of the buffer zones and types of construction activities restricted within them will be determined by the qualified biologist taking into account factors such as the following: • Noise and human disturbance levels at the construction site at the time of the survey and the noise and disturbance expected during the construction activity. • Distance and amount of vegetation or other screening between the construction site and the nest. • Sensitivity of individual nesting species and behaviors of the nesting birds.
Two weeks prior to commencement of construction activities
3.0-3
Responsible Party SJECCD staff
Implementing Action
Status / Date/ Initials
SJECCD will retain a qualified biologist to conduct the preconstruction survey.
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3.0 Mitigation Monitoring and Reporting Program
Significant Impact
Implementation Schedule
Mitigation Measure •
Responsible Party
Implementing Action
Status / Date/ Initials
Limits of construction to avoid an active nest shall be established in the field with flagging, fencing, or another appropriate barrier and construction personnel shall be instructed on the sensitivity of nest areas.
Cultural Resources Impact CUL-1: The proposed project could adversely affect unknown archaeological resources on the project site.
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MM CUL-1: During initial site preparation, the SJECCD shall retain a qualified archaeologist to inspect trench or excavation spoils and profiles for evidence of cultural deposits. If cultural deposits are present, the archaeologist will evaluate the find and provide direction for any treatment needed, consistent with all applicable federal and state regulations and policies protecting cultural resources. Based on the judgment of the archaeologist in consultation with the project proponent, treatment may include minor redesign to avoid the deposit, site capping, and/or further investigation (survey and/or subsurface excavation), followed by recovery. The SJECCD will be responsible for ensuring that the archaeologist’s recommendations are properly implemented. A written report documenting the find, the results of the initial evaluation, and the methods and results for any follow-up treatment will be prepared by a qualified archaeologist and filed with the SJECCD and with the Northwest Information Center of the California Historical Resources Information System. Further, in the event that previously unknown cultural resources are discovered during construction, all grounddisturbing work within 100 feet of the find shall cease and the find shall be protected in place, until archaeological assessments can be made as described above, and recommendations implemented.
Prior to any ground disturbance or earthmoving activities.
3.0-4
SJECCD staff
SJECCD will retain a qualified archaeologist to conduct archival research, field inspections, and a report containing “next step” recommendations.
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3.0 Mitigation Monitoring and Reporting Program
Implementation Schedule
Significant Impact
Mitigation Measure
Impact CUL-1: The proposed project could disturb unknown human remains on the project site.
MM CUL-2: In the event of a discovery of human bone, potential human bone, or a known or potential human burial, all ground-disturbing work in the vicinity of the find will halt immediately and the area of the find will be protected until a qualified archaeologist determines whether the bone is human. If the qualified archaeologist determines the bone is human, the SJECCD will notify the County Coroner of the find. Consistent with California Health and Safety Code Section 7050.5(b), which prohibits disturbance of human remains uncovered by excavation until the Coroner has made a finding relative to the requirements of Public Resources Code Section 5097, the SJECCD shall ensure that the remains and vicinity of the find are protected against further disturbance. If it is determined that the find is of Native American origin, the SJECCD shall comply with the provisions of Public Resources Code Section 5097.98 regarding identification and involvement of the most likely descendant. If the human remains cannot be protected in place following the Coroner’s determination, the SJECCD shall ensure that the qualified archaeologist and the most likely descendant are provided the opportunity to confer on repatriation and/or archaeological treatment of human remains, and that any appropriate studies, as identified through this consultation, are carried out prior to reinternment. The SJECCD shall provide results of all such studies to the Native American community, and shall provide an opportunity for Native American involvement in any interpretative reporting. As stipulated by the provisions of the California Native American Graves Protection and Repatriation Act, the SJECCD shall ensure that human remains and associated artifacts recovered from the project are repatriated to the appropriate local tribal group if requested.
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During any ground disturbance or earthmoving activities.
3.0-5
Responsible Party SJECCD staff
Implementing Action
Status / Date/ Initials
SJECCD will retain a qualified archaeologist to evaluate the find and provide appropriate recommendations.
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3.0 Mitigation Monitoring and Reporting Program
Significant Impact
Implementation Schedule
Mitigation Measure
Responsible Party
Implementing Action
Status / Date/ Initials
Hazards and Hazardous Materials Impact HAZ-1: Soil or groundwater contamination could be present and, if encountered during construction, could result in the exposure of the public or construction workers to hazardous materials.
MM HAZ-1: If evidence of contaminated soil and/or groundwater, such as discolored soil, odors or oil sheen, is encountered during excavation and/or grading both on- and off-site, the construction contractors shall stop work and immediately inform SJECCD staff. An environmental hazardous materials professional shall be contracted to conduct an on-site assessment. If the materials are determined to pose a risk to the public or construction workers, the construction contractor shall prepare and submit a remediation plan to the appropriate agency and comply with all federal, state, and local laws. Soil remediation methods could include excavation and on-site treatment, excavation and off-site treatment or disposal, and/or treatment without excavation. Remediation alternatives for cleanup of contaminated groundwater could include in-situ treatment, extraction and on-site treatment, or extraction and offsite treatment and/or disposal. Construction plans shall be modified or construction postponed to ensure that construction will not inhibit remediation activities and will not expose the public or construction workers to hazardous conditions.
During any ground disturbance or earthmoving activities.
SJECCD staff
SJECCD will retain a hazardous materials professional to conduct an on-site assessment if evidence of contaminated soil and/or groundwater is found. If the assessment determines that materials pose a risk to the public or construction workers, the hazardous materials professional shall develop a remediation plan and SJECCD will confirm that the remediation plan is implemented.
MM NOI-4a: Construction activities on the project site shall be restricted to between the hours of 7:00 AM and 6:00 PM on weekdays and 9:00 AM to 6:00 PM on Saturdays. No construction activities shall be permitted on Sundays and holidays.
During construction contract development and during construction.
SJECCD staff
SJECCD will include the mitigation measure in the construction contract. SJECCD will conduct field inspections during construction to confirm that the specified hours of construction are being followed.
Noise Impact NOI-4: Construction of the proposed project would result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project.
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3.0 Mitigation Monitoring and Reporting Program
Significant Impact
Implementation Schedule
Mitigation Measure MM NOI-4b: Prior to initiation of construction, the San José-Evergreen Community College District shall approve a construction noise mitigation program including but not limited to the following: • All noise-producing project equipment and vehicles using internal combustion engines shall be equipped with exhaust mufflers and air-inlet silencers where appropriate, in good operating condition that meet or exceed original factory specification.
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Mobile or fixed “package” equipment (e.g., arcwelders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment.
•
All mobile or fixed noise-producing equipment used on the project that is regulated for noise output by a local, state or federal agency shall comply with such regulation while engaged in project-related activities.
•
Material stockpiles and mobile equipment staging, construction vehicle parking, and maintenance areas shall be located as far as practicable from noise-sensitive land uses.
•
Stationary noise sources such as generators or pumps shall be located away from noisesensitive land uses as feasible.
•
The use of noise-producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only. No projectrelated public address loudspeaker, two-way radio, or music system shall be audible at any adjacent noise-sensitive receptor except for emergency use. The erection of temporary noise barriers shall be considered where project activity is unavoidably close to noise-sensitive receptors.
•
Construction vehicle trips shall be routed as far as practical from existing sensitive uses.
During construction contract development and during construction.
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Responsible Party SJECCD staff
Implementing Action
Status / Date/ Initials
SJECCD will include the mitigation measure in the construction contract. SJECCD will conduct field inspections during construction to confirm that the construction noise mitigation program is being implemented.
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3.0 Mitigation Monitoring and Reporting Program
Significant Impact
Implementation Schedule
Mitigation Measure •
Responsible Party
Implementing Action
Status / Date/ Initials
The loudest construction activities, such as grading, shall be considered for scheduling during academic breaks when fewer people would be disturbed by construction noise.
MM NOI-4c: Prior to initiation of construction, the San José-Evergreen Community College District shall designate a disturbance coordinator and post the name and phone number of this person at easy reference points for the surrounding land uses. The disturbance coordinator shall respond to and address all complaints about noise.
During construction
SJECCD staff
SJECCD will post copies of a notice with the name and phone number of the disturbance coordinator at locations adjacent to the project site. SJECCD will conduct field inspections periodically to ensure that the copies of the notice remain posted throughout the duration of construction.
MM TRA-2: The San José-Evergreen Community College District shall coordinate with the Milpitas Unified School District to ensure that the start of classes at the proposed Joint-Use 21st Century PostSecondary Education Center would occur at least one-half hour after the normal scheduled start time of Marshall Pomeroy Elementary School, Thomas Russell Middle School, and Milpitas High School.
Ongoing throughout the life of the project
SJECCD staff
SJECCD will contact the Milpitas Unified School District annually in the spring to confirm start times for nearby schools for the next school year.
Transportation and Traffic Impact TRA-2: The proposed project would not negatively affect unsignalized intersections in the vicinity of the proposed project.
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REPORT PREPARATION
San José/Evergreen Community College District Douglas Smith, Vice Chancellor of Administrative Services Andrew Spiller, Project Executive of Gilbane Building Company
Milpitas Unified School District Wendy Zhang, Assistant Superintendent of Business Services Joe Flatley, Director of Facilities and Modernization, Business Services Naomi Agraz, Executive Secretary, Business Services
Impact Sciences, Inc. Shabnam Barati, Ph.D., Managing Principal Paul Stephenson, AICP, Senior Project Manager Ian Hillway, Publications Manager Andrea Harsma, Publications Coordinator
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