San Jose Municipal Code Part 2 Construction Impact Mitigation Plans

A. The purpose of this part is to help transition residents and businesses through the temporary disruption of major construction projects by requiring, among other things, the owners of such projects to communicate with the surrounding neighbors prior to and throughout the construction period, and to modify their approach to such projects by implementing appropriate mitigation measures in an attempt to avoid or lessen potential impacts arising from the construction.

B. The provisions of this part are in addition to, and shall not replace, supersede or be interpreted to comply with the California Environmental Quality Act, or any other provision of state or federal law, except that as provided in Section 13.36.120, the Construction Impact Mitigation Plan ("Plan") may incorporate by reference the analysis of any impacts identified in any document prepared for the project pursuant to the California Environmental Quality Act.

C. Except as contained in an approved Plan, nothing in this part shall be construed as requiring anyone to pay compensation to businesses or residents for damages which are otherwise not recoverable under state or federal law.

(Ord. 26996.)

A. Except as provided in subsection B. below, any person required to obtain a permit from the director of public works pursuant to Section 13.36.010 of this chapter, for a major construction project as defined in Section 13.36.240 of this chapter, shall be required as a condition to the permit to submit to the director of public works, for approval by the city council, a Construction Impact Mitigation Plan. The public works director shall not approve any encroachment permit for a major construction project until the city council has approved the Plan for that project.

B. Notwithstanding subsection A. above, if any person commences a major construction project pursuant to a cooperation agreement with the city, the terms of which require a Construction Impact Mitigation Plan, the terms of such cooperation agreement shall control over the terms of this part.

(Ord. 26996.)

A Construction Impact Mitigation Plan submitted pursuant to this chapter shall contain the following elements:

A. A detailed project description, including site maps and a phasing schedule depicting the proposed location and timing of construction activity on a month-by-month basis for the duration of the project.

B. A detailed analysis of the potential physical, environmental and other impacts of the construction activities on residents and businesses within a five hundred-foot radius of the project. The Construction Impact Mitigation Plan may incorporate by reference the analysis of any impacts identified in any document prepared for the project pursuant to the California Environmental Quality Act.

1. Notwithstanding the above, if construction related impacts are significant, and substantially affect an area greater than within a five hundred-foot radius of the project boundaries, the applicant shall address the entire area substantially affected by the construction impacts of the project in the manner required by Sections 13.36.010 through 13.36.330. If the applicant fails to adequately address significant construction related impacts that substantially affect an area greater than a five hundred-foot distance from the project boundaries, the director may recommend, and/or council may adopt, specific findings that the construction impacts of the project will be significant and substantially affect an area more than five hundred feet from the project boundaries. Upon making such findings, the city council may either conditionally approve the Plan with appropriate related mitigation measures or, in the alternative, require the applicant to revise its Plan to include appropriate identification and mitigation of such impacts.

C. A detailed description of the mitigation measures proposed to be undertaken by the contractor or the project owner to reasonably mitigate each of the impacts identified to the extent practicable. The Construction Impact Mitigation Plan may incorporate by reference the mitigations of any impacts proposed in any document prepared for the project pursuant to the California Environmental Quality Act.

D. A detailed Communications Plan specifying the steps that will be taken by the contractor and the project owner during the course of construction of the project to alleviate the identified impacts, which shall include, but not be limited to the following:

1. A schedule of regular meetings with the surrounding businesses and residents throughout the course of construction;

2. A display of maps and construction schedule information posted in and around the construction area;

3. A schedule of meetings with the surrounding businesses and residents, emphasizing the market area of the impacted businesses;

4. A schedule of regular meetings to coordinate with any other construction project within five hundred feet of the project;

5. The designation of a community outreach coordinator available on-site for the duration of the construction project.

(Ord. 26996.)

A. The potential impacts required to be analyzed pursuant to Section 13.36.220.B. shall include the following impacts on businesses that shall be addressed in the Construction Impact Mitigation Plan, if applicable:

1. Reduced patronage due to impediments to access, visual impediments to signage, loss of on-street parking, or perceived safety issues;

2. Forced temporary business closure due to loss of utilities, loss of access for patrons and employees, loss of access for services such as deliveries or garbage service, or perceived safety issues;

3. Forced permanent business closure due to permanent loss of access.

B. Potential mitigation measures to alleviate such impacts on businesses may include, but not be limited to:

1. Limited hours of construction;

2. Provision of alternative access routes;

3. Outreach to businesses to schedule utility outages;

4. Increased signage to provide visibility, notice of alternative parking, notice of alternative access in conformance with San José Municipal Code Title 23;

5. Marketing assistance, technical business support, and cross-promotion efforts with adjacent businesses;

6. Direct or indirect financial assistance, such as, but not limited to that which may be available through government loan or grant programs.

(Ord. 26996.)

A. For the purposes of this chapter, a "major construction project" is one in which the encroachment permit application, the plans submitted with such application, and any other relevant information requested by the director of public works, or the director's designee, indicates that the applicant's construction cost estimate or the engineer's estimate for the improvements in the public right-of-way for the entire project, including the portion for which the encroachment permit is requested, will total ten million dollars or more, as adjusted periodically pursuant to Subsection B. herein, and at least one of the following conditions will exist:

1. The project will impact two or more signalized intersections;

2. Sidewalk access will be precluded for the length of a block; or

3. The project is located within the lesser of five hundred feet or one block of another project located in the right-of-way.

B. For the purposes of this section, the ten million dollar threshold defining major construction projects herein shall be adjusted every five years on October 1 by the change in the Engineering News Record (ENR) Construction Cost Index from the base level on October 1, 2003. In the event that the ENR Construction Cost Index is discontinued, the director of public works shall select and authorize use of a similar construction cost adjustment mechanism to replace the ENR Construction Cost Index.

C. For the purposes of this section, the phrase "improvements in the public right-of-way" shall not include any property right that has been offered to the city through an irrevocable offer of dedication as a condition of final map approval under the Subdivision Map Act where the dedication of the property and all improvements thereupon have not been accepted by the city.

(Ord. 26996.)