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RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
MARGO LASKOWSKA, Senior Deputy City Attorney (187252)
ELISA TOLENTINO, Senior Deputy City Attorney (245962)
Office of the City Attomey
200 East Santa Clara Street, 16"" Floor
San José, California 95113-1905
Telephone Number: (408) 535-1900
Facsimile Number: (408) 998-3131
E-Mail Address: cao.main@sanjoseca.gov
Attomeys for Respondents:
CITY OF SAN JOSE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
10
UNLIMITED JURISDICTION
11
WILLOW GLEN TRESTLE Case Number: 18CV335801
12 CONSERVANCY, an unincorporated
association; FRIENDS OF THE WILLOW
13 GLEN TRESTLE, an unincorporated
CITY OF SAN JOSE’S SECOND
association,
14 REQUEST FOR JUDICIAL NOTICE IN
OPPOSITION TO PLAINTIFFS’
Petitioners.
15 APPLICATION FOR TRO AND
PRELIMINARY INJUNCTION
Vv.
16
CITY OF SAN JOSE; CITY OF SAN JOSE
17 DEPARTMENT OF PUBLIC WORKS; [Evid. Code §452(b), (c) & (h)]
CALIFORNIA DEPARTMENT OF FISH
18 AND WILDLIFE; and DOES 1 to 10;
19 Respondents.
WITH EXHIBIT E-F
20
Does 1 to 10;
21 Real Parties in Interest.
22
23
24 Respondents City of San Jose and City of San Jose Department of Public Works respectfully
25 request the Court to take judicial notice under Evidence Code section 452, subparts (b), (c) and (h),
26 of the following documents in opposition to Petitioners’ application for temporary restraining order:
27 1 Initial Study dated January 2014 for the Three Creeks Pedestrian Bridge Project (“Project”),
28 a true and correct copy of which is attached hereto as Exhibit E.
1
CITY OF SAN JOSE’S SECOND REQUEST FOR JUDICIAL NOTICE IN Case Number: 18CV335801
OPPOSITION TO PLAINTIFF’S APPLICATION FOR TRO
1562269
Mitigated Negative Declaration for the Project, a true and correct copy of which is attached
hereto as Exhibit F.
Notice of Determination for a Mitigated Negative Declaration for the Project, a true and
correct copy of which is attached hereto as Exhibit G.
Judgment Granting Petition for Writ of Mandamus in case number 114CV260439, a true and
correct copy of which is attached hereto as Exhibit H.
Draft Environmental Impact Report for the Project, a true and correct copy of which is
attached hereto as Exhibit I.
Appendix C (Inspection Site Visit Report) to the Draft Environmental Impact Report,
10 attached hereto as Exhibit J.
11 Excerpts from the Final Environmental Impact Report for the Project, a true and correct copy
12 of which is attached hereto as Exhibit K.
13 San Jose City staff memorandum dated May 12, 2015, to San Jose Mayor and City Council
14 regarding the Project, for City Council hearing on May 19, 2015, agenda item 4.5. A true
15 and correct copy of the memorandum is attached hereto as Exhibit L.
16 Notice of Determination for the Environmental Impact Report for the Project, a true and
17 correct copy of which is attached hereto as Exhibit M.
18 10. Final Streambed Alteration Agreement for the Project dated October 4, 2018, a true and
19 correct copy of which is attached hereto as Exhibit N.
20
Respectfully submitted,
21
22 Dated: October 5, 2018 RICHARD DOYLE, City Attorney
23
24
25 Senior Deputy City Attorney
26 Attorneys for Respondents: CITY OF SAN
JOSE and CITY OF SAN JOSE
27 DEPARTMENT OF PUBLIC WORKS
28
2
CITY OF SAN JOSE’S SECOND REQUEST FOR JUDICIAL NOTICE IN Case Number: 18CV335801
OPPOSITION TO PLAINTIFF'S APPLICATION FOR TRO 1562269
XS ETIES alias
Three Creeks Trail Pedestrian Bridge
Project
Initial Study
City of San José
January 2014
Contents
Section Page
Acronyms and Abbreviations odasosendeena atveates a cnbeces sil
1 Background Information. “1
1.1 Project Title... ol)
1.2 Lead Agency Name and Address . “1
13 Lead Agency Contact Person and Phone Number. -1
14 Project Location... <1
15 General Plan Designation 1-1
1.6 Zoning svaye 1
17 Background and Description of the Project. 1
Environmental Determination as 2-1
2.1 Environmental Factors Potentially Affected. -1
2.2 Determination .. 2-1
Evaluation of Environmental Impacts. <1
3.1 Aesthetics .. -1
3.1.1 Setting. 3-1
3.1.2 Impacts Analysis <1
3.2 Agriculture and Forest Resources. -2
3.2.1 Setting ei 2.
3.2.2 Impacts Analysis 2
3.3 Air Quality... -3
3.3.1 Settin -3
3.3.2 Impacts Analysis 3-3
3.4 Biological Resources -6
3.4.1 Settin "7,
3.4.2 Impact Analysi “9
3.5 Cultural Resources... 3-13
3.5.1 Setting 3-13
B52 Impacts Analysis 3-13
3.6 Geology and Soils. 3-15
3.6.1 Setting... 3-16
3.6.2 Impacts Analysis 3-16
3.7 Greenhouse Gas Emissions 3-17
3.7.1 Setting 3-17
3.7.2 Impact Analysis 3-18
3.8 Hazards and Hazardous Materials 3-19
3.8.1 Settin 3-19
3.8.2 Impacts Analysis 3-19
3.9 Hydrology and Water Quality 3-21
3.9.1 Setting 3-22
‘
3.9.2 Impact Analysi: 3-22
3.10 Land Use and Planning. 3-24
3.10.1 Setting... 3-25
3,10.2 Impact Analysis. 3-25
3.11 Mineral Resources.......... 3-25
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CONTENTS (CONTINUED)
Section Page
3.111 Setting... 26
3.11.2 Impact Analys' 26
3.12 Noise 3-26
3.12.1 Setting. 27
3.12.2 Impact Analysis. 27
3.13 Population and Housing. 28
3.13.1 Setting. 28
3.13.2 Impact Analysis. 28
3.14 Public Services .... 29
3.14.1 Setting... 3-29
3.14.2 Impact Analysi 29
3.15 Recreation. 30
3.15.1 Setting. 30
3.15.2 Impact Analysi 30
3.16 Transportation/Traffic 31
3.16.1 Setting... 31
3.16.2 Impact Analysis... 3-31
3,17 Utilities and Service Systems 32
3.17.1 Setting. 33
3.17.2 Impact Analysis. 33
3.18 Mandatory Findings of Significance 34
References add satnsoaboigeant 4-1
Appendix
A Construction Emissions Calculations
B Cultural Resources Documentation
Tables
1 Project Construction Emissions and Comparisons to 2010 BAAQMD CEQA Thresholds ........5+e000 aCaashvabosned 3-4
2 Project Construction Greenhouse Gas Emissions...... 3-18
Figures
1 Project Location Map.... hae
2 Bridge General Plan gst 1-5
3a Bridge Schematic Drawing, Plan View 1-7
3b Bridge Schematic Drawing, Elevation 1-9
Vegetation Map.........+. 3-8
v FOD/13247000) (THREE_CREEKS_SRIDGE_Js.00Cx)
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Acronyms and Abbreviations
BAAQMD Bay Area Air Quality Management District
BMP best management practice
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CGP Construction General Permit
CHa methane
co carbon monoxide
CO2 carbon dioxide
GHG greenhouse gas
IS/MND Initial Study and Mitigated Negative Declaration
N20 nitrous oxide
NOx oxides of nitrogen
NPDES National Pollutant Discharge Elimination System
OHWM ordinary high water mark
PMas particulate matter with aerodynamic diameter equal to or less than 2.5 microns
PMio particulate matter with aerodynamic diameter equal to or less than 10 microns
ROG reactive organic gases
SFBRWQCB San Francisco Bay Regional Water Quality Control Board
SRA Shaded Riverine Aquatic (type of habitat)
SWPPP stormwater pollution prevention plan
USACE U.S. Army Corps of Engineers
USFWS U.S. Fish and Wildlife Service
RDD/132470001 (THREE_CREEKS_BRIDGE_IS.00Cx)
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SECTION 1
Background Information
1.4 Project Title
Three Creeks Trail Pedestrian Bridge Project
1.2 Lead Agency Name and Address
City of San José
200 E. Santa Clara Street
San José, CA 95113
1.3. Lead Agency Contact Person and Phone Number
John Davidson, Senior Planner
Planning Division
Department of Planning, Building and Code Enforcement
City of San José
Phone: (408) 535-7895
Email: john.davidson@sanjoseca.gov
1.4 Project Location
The Three Creeks Trail Pedestrian Bridge Project is in Willow Glen, a neighborhood of San José, CA. The project is
situated between a residential neighborhood and a commercial/industrial area on a crossing over Los Gatos Creek
between Lonus Street and Coe Avenue (latitude 37°18’53.16”N, longitude 121°54'13.00"W).
1.5. General Plan Designation
The General Plan designation is primarily Open Space, Parklands and Habitat, with Residential Neighborhood
occurring to the south, and Light Industrial occurring to the north.
1.6 Zoning
The project location spans two zoning designations as follows:
. R-1-8: Single Family Residential on the south
. LI: Light Industrial on the north
1.7. Background and Description of the Project
The City of San José is in the process of developing the Los Gatos Creek Trail and the Three Creeks Trail as part
of a citywide effort to improve the pedestrian and bicycle trail system. In 2004, the City of San José completed
an environmental impact assessment for the Los Gatos Creek Trail, Reach 4 project, including the existing
railroad trestle that is the subject of the current analysis (see Figure 1, Project Location). The assessment was
completed pursuant to the California Environmental Quality Act (CEQA), and consisted of an Initial Study and
Mitigated Negative Declaration (Los Gatos Creek Trail, Reach 4 IS/MND) (City Project No. PP04-01-014).
1 The entire Reach 4 project, as described in the Initial Study, Includes trail improvements from Coe Avenue in Willow Glen to Auzerals Avenue In Midtown
San José, and Is part of the larger 19-mile Los Gatos Trail system from Lexington Reservoir to the Guadalupe River confluence in Downtown San José. The
trail would be a Class | (off-street, paved) pedestrian and bicycle facility and would be approximetely 12 feet wide,
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SECTION 1: BACKGROUND INFORMATION
The documents were approved and issued on June 28, 2004, and a CEQA Notice of Determination was filed on
December 2, 2004. The railroad trestle repairs were described in the 2004 CEQA document based on what was
known at the time, and did not include work within Los Gatos Creek.
The existing railroad trestle was part of a railroad spur within the San José Willow Glen neighborhood, and was
recently acquired by the City. The trestle is in a state of disrepair that does not allow for bicycle and pedestrian
use. The proposed project would provide bicycle and pedestrian access on a new bridge structure that would
connect to both the Los Gatos Creek and Three Creeks trails. Because of the changed nature of the project, this
CEQA Initial Study updates the previous analysis (PP04-01-014) for the bridge crossing.
The project would replace the existing wood trestle with a pre-fabricated, 210-foot-long, single-span steel truss
bridge with a poured concrete deck (see Figures 2, 3a, and 3b). The new bridge would be on the same alignment
as the existing bridge. The wood abutments would be replaced with new concrete abutments supported on driven
H-piles. There would be no permanent supports in the creek. Temporary supports might be needed for erection of
the new bridge. Small retaining walls would be installed adjacent to the new bridge abutments to allow for the
future Los Gatos Creek trail connection to the northeast and for a viewing area on the south side of the new
bridge.
Aesthetic treatments are included in the bridge design. The pedestrian bridge will include design elements that
recall the former Western Pacific Railroad operations and trestle structure, including two large emblems inset in
the pavement representing the Western Pacific and Union Pacific Railroads, and an interpretive display panel
focusing on the timeline and history of the trestle as it relates to the surrounding community. Basic design
concepts are presented on Figures 3a and 3b, which were developed following community meetings and
consultation with local experts. The final aesthetic treatments are continuing to be refined.
This bridge is a component of the Three Creeks Trail system currently, which is currently being master planned.
Railway operations are to be recalled with the following elements along the trail system: trail-naming signage with
a train icon at all entry points, paved gateways scored to be reminiscent of railway tracks, site-specific gateway
elements that take the form of water tanks common to railways, truss-inspired fencing and benches, and stacked
crates inspired by products produced in the canneries and carried to market via railway. There will be five
interpretive stations to recall the corridor’s history.
The demolition of the existing bridge would require operation of cranes, excavators, and loaders along the length
of the bridge. A work lane, approximately 20 feet wide, would be established along the upstream side of the
bridge running parallel to the full length of the bridge. The existing trestle deck is supported by a total of 81 wood
piles, with additional support from wood braces. Pile removal techniques would include the following complete-
and partial-removal methods:
. Vertical pulling involves gripping the pile with a chain, cable, or collar, and pulling with an excavator or
hydraulic crane.
Vibratory extraction involves attaching a vibratory hammer to the pile to break the seal between the pile and
the soil and pulling with a crane or excavator from the top of the existing bridge deck.
Horizontal snapping or breaking typically involves pushing or pulling the pile laterally to break off the pile near
the ground line,
Subsurface cutting involves using hydraulic or pneumatic saws or shears attached to an excavator to cut the
pile below the ground line.
The piles and bridge deck are composed mostly of creosote-treated wood, and demolition would generate a large
amount of treated wood waste. Requirements for water quality control during demolition are described in
Sections 3.4.2 and 3.8.2. Construction debris would be disposed of in accordance with California Department of
Toxic Substances Control regulations for treated wood waste.
The construction of the new bridge would involve excavating ground for the abutments and retaining walls using
backhoes and excavators, pile driving of H-piles, placement of reinforcing steel and concrete, assembly of a pre-
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SECTION |: BACKGROUND INFORMATION
fabricated steel truss bridge using large cranes, and placement of a concrete deck on the bridge using a concrete
pump truck, The approaches to the bridge would be prepared by placing sub-base and then placing concrete
pavement. Aggregate paving would be provided to connect the new bridge approaches to the existing dirt trails.
There are no large-diameter trees directly under the trestle, but some nearby tree branches hang over the trestle.
Overhanging branches would need to be pruned, and in some cases nonnative trees would be removed to allow
equipment access. It is not expected that any native trees would be removed.
Partial dewatering of the creek bed may be necessary to protect water quality during demolition and to provide
more accessibility for the demolition and construction equipment. Methods considered would involve diverting all
creek flow in a temporary culvert or open channel, or adding clean washed gravel or gravel bags to divert flow to
one side of the creek bed while providing a work platform on the opposite side of the creek.
Construction is expected to begin in June of 2014 and last for approximately 4 months,
This document is intended to support additional permits and discretionary approvals that might be needed to gain
full approval for the project. As part of the project, all required permits would be acquired before the start of
construction. The following permits are expected at this time to be needed to complete the project:
. San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) — Section 401 Water Quality
Certification pursuant to the Clean Water Act
U.S. Army Corps of Engineers (USACE) — San Francisco District — Clean Water Act Section 404 permit for
dredging or removal of sediments and placement of fill within waters of the U.S., including wetlands; as part
of the Section 404 process the USACE would consult with the U.S. Fish and Wildlife Service (USFWS) and the
National Marine Fisheries Service regarding federally listed special-status species
USFWS — Protection of federally listed endangered species, under Section 7 of the federal Endangered Species
Act of 1973
National Marine Fisheries Service — Consultation for protection of federally listed migratory fish species under
the federal Endangered Species Act and essential fish habitat for commercial species (Magnuson-Stevens Act)
California Department of Fish and Wildlife (CDFW) — Protection of California species listed under the California
Endangered Species Act and development of Section 1602 Lake or Streambed Alteration Agreement
County of Santa Clara — Joint Conservation Easement and Funding Agreement
14 R0D/132470001 (THREE_CREEKS_SRIDGE_IS.00C%)
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SECTION 2
Environmental Determination
2.1 Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project; that is, they would involve
at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
Aesthetics Agriculture Resources L Air Quality
Biological Resources Cultural Resources
O Geology/Soils
Greenhouse Gas Emissions Hazards & Hazardous Materials
O Hydrology/Water Quality
Land Use/Planning Mineral Resources
O Noise
Population/Housing Public Services
O Recreation
Transportation/Traffic Utilities/Service Systems
O Mandatory Findings of Significance
2.2 Determination
Determination: (To be completed by the Lead Agency)
On the basis of this initial evaluation:
O | find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be
prepared,
XI | find that althoughthe 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.
O | find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is
required,
| 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.
| 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant
to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or
NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing
further is required.
Signature Date
Title Agency:
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SECTION 3
Evaluation of Environmental Impacts
3.1 Aesthetics
Aesthetics Checklist
Less-Than-
Potentially Significant with Less-Than-
Significant Mitigation Significant
Would the project: Impact Incorporation Impact No Impact
Have a substantial adverse effect on a scenic vista?
O O O Xd
Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings O 0 0 bd
within a state scenic highway?
Substantially degrade the existing visual character or
quality of the site and its surroundings? O] O J O
Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the area? O O XO XI
3.1.1 Setting
The project site is within an urbanized area of the San José city limits adjacent to a residential neighborhood and
commercial/industrial district. Presently, the project area consists of an unused railroad trestle. Due to the
current state of the bridge, there is no current use of the bridge by nearby residents.
3.1.2 Impacts Analysis
a. Would the project have a substantial adverse effect on a scenic vista?
NO IMPACT. The project is not located in an area considered as a scenic vista and would have no impact.
Would the project substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
NO IMPACT. The proposed project is not located within a state scenic highway and would have no impact.
c Would the project substantially degrade the existing visual character or quality of the site and its
surroundings?
LESS-THAN-SIGNIFICANT IMPACT. Although most of the trail is not visible to nearby residents, during
construction some equipment may be visible. Construction activities would be temporary, lasting
approximately 4 months. Once complete, the area would be restored to the extent practicable, including the
replanting of trees that may be removed during construction (see Section 3.4, Biological Resources).
Replacement of the existing trestle with a usable bicycle/pedestrian bridge is expected to introduce views of
Los Gatos Creek in this area to trail users, which would enhance appreciation of the creek corridor.
Would the project create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
NO IMPACT. The project would not include any additional lighting and therefore would not adversely affect
daytime or nighttime views in the area.
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SECTION 3: EVALUATION OF ENVIRONMENTAL IMPACTS
3.2 Agriculture and Forest Resources
Agriculture and Forest Resources Checklist
Less-Than-
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RICHARD DOYLE, City Attorney (88625) NORA FRIMANN, Assistant City Attorney (93249) MARGO LASKOWSKA, Senior Deputy City Attorney (187252) ELISA TOLENTINO, Senior Deputy City Attorney (245962) Office of the City Attomey 200 East Santa Clara Street, 16"" Floor San José, California 95113-1905 Telephone Number: (408) 535-1900 Facsimile Number: (408) 998-3131 E-Mail Address: cao.main@sanjoseca.gov Attomeys for Respondents: CITY OF SAN JOSE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 10 UNLIMITED JURISDICTION 11 WILLOW GLEN TRESTLE Case Number: 18CV335801 12 CONSERVANCY, an unincorporated association; FRIENDS OF THE WILLOW 13 GLEN TRESTLE, an unincorporated CITY OF SAN JOSE’S SECOND association, 14 REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO PLAINTIFFS’ Petitioners. 15 APPLICATION FOR TRO AND PRELIMINARY INJUNCTION Vv. 16 CITY OF SAN JOSE; CITY OF SAN JOSE 17 DEPARTMENT OF PUBLIC WORKS; [Evid. Code §452(b), (c) & (h)] CALIFORNIA DEPARTMENT OF FISH 18 AND WILDLIFE; and DOES 1 to 10; 19 Respondents. WITH EXHIBIT E-F 20 Does 1 to 10; 21 Real Parties in Interest. 22 23 24 Respondents City of San Jose and City of San Jose Department of Public Works respectfully 25 request the Court to take judicial notice under Evidence Code section 452, subparts (b), (c) and (h), 26 of the following documents in opposition to Petitioners’ application for temporary restraining order: 27 1 Initial Study dated January 2014 for the Three Creeks Pedestrian Bridge Project (“Project”), 28 a true and correct copy of which is attached hereto as Exhibit E. 1 CITY OF SAN JOSE’S SECOND REQUEST FOR JUDICIAL NOTICE IN Case Number: 18CV335801 OPPOSITION TO PLAINTIFF’S APPLICATION FOR TRO 1562269 Mitigated Negative Declaration for the Project, a true and correct copy of which is attached hereto as Exhibit F. Notice of Determination for a Mitigated Negative Declaration for the Project, a true and correct copy of which is attached hereto as Exhibit G. Judgment Granting Petition for Writ of Mandamus in case number 114CV260439, a true and correct copy of which is attached hereto as Exhibit H. Draft Environmental Impact Report for the Project, a true and correct copy of which is attached hereto as Exhibit I. Appendix C (Inspection Site Visit Report) to the Draft Environmental Impact Report, 10 attached hereto as Exhibit J. 11 Excerpts from the Final Environmental Impact Report for the Project, a true and correct copy 12 of which is attached hereto as Exhibit K. 13 San Jose City staff memorandum dated May 12, 2015, to San Jose Mayor and City Council 14 regarding the Project, for City Council hearing on May 19, 2015, agenda item 4.5. A true 15 and correct copy of the memorandum is attached hereto as Exhibit L. 16 Notice of Determination for the Environmental Impact Report for the Project, a true and 17 correct copy of which is attached hereto as Exhibit M. 18 10. Final Streambed Alteration Agreement for the Project dated October 4, 2018, a true and 19 correct copy of which is attached hereto as Exhibit N. 20 Respectfully submitted, 21 22 Dated: October 5, 2018 RICHARD DOYLE, City Attorney 23 24 25 Senior Deputy City Attorney 26 Attorneys for Respondents: CITY OF SAN JOSE and CITY OF SAN JOSE 27 DEPARTMENT OF PUBLIC WORKS 28 2 CITY OF SAN JOSE’S SECOND REQUEST FOR JUDICIAL NOTICE IN Case Number: 18CV335801 OPPOSITION TO PLAINTIFF'S APPLICATION FOR TRO 1562269 XS ETIES alias Three Creeks Trail Pedestrian Bridge Project Initial Study City of San José January 2014 Contents Section Page Acronyms and Abbreviations odasosendeena atveates a cnbeces sil 1 Background Information. “1 1.1 Project Title... ol) 1.2 Lead Agency Name and Address . “1 13 Lead Agency Contact Person and Phone Number. -1 14 Project Location... <1 15 General Plan Designation 1-1 1.6 Zoning svaye 1 17 Background and Description of the Project. 1 Environmental Determination as 2-1 2.1 Environmental Factors Potentially Affected. -1 2.2 Determination .. 2-1 Evaluation of Environmental Impacts. <1 3.1 Aesthetics .. -1 3.1.1 Setting. 3-1 3.1.2 Impacts Analysis <1 3.2 Agriculture and Forest Resources. -2 3.2.1 Setting ei 2. 3.2.2 Impacts Analysis 2 3.3 Air Quality... -3 3.3.1 Settin -3 3.3.2 Impacts Analysis 3-3 3.4 Biological Resources -6 3.4.1 Settin "7, 3.4.2 Impact Analysi “9 3.5 Cultural Resources... 3-13 3.5.1 Setting 3-13 B52 Impacts Analysis 3-13 3.6 Geology and Soils. 3-15 3.6.1 Setting... 3-16 3.6.2 Impacts Analysis 3-16 3.7 Greenhouse Gas Emissions 3-17 3.7.1 Setting 3-17 3.7.2 Impact Analysis 3-18 3.8 Hazards and Hazardous Materials 3-19 3.8.1 Settin 3-19 3.8.2 Impacts Analysis 3-19 3.9 Hydrology and Water Quality 3-21 3.9.1 Setting 3-22 ‘ 3.9.2 Impact Analysi: 3-22 3.10 Land Use and Planning. 3-24 3.10.1 Setting... 3-25 3,10.2 Impact Analysis. 3-25 3.11 Mineral Resources.......... 3-25 ROD/132470001 (THREE_CREEKS_BRIDGE_IS.00CX) i 8030513023224RDD CONTENTS (CONTINUED) Section Page 3.111 Setting... 26 3.11.2 Impact Analys' 26 3.12 Noise 3-26 3.12.1 Setting. 27 3.12.2 Impact Analysis. 27 3.13 Population and Housing. 28 3.13.1 Setting. 28 3.13.2 Impact Analysis. 28 3.14 Public Services .... 29 3.14.1 Setting... 3-29 3.14.2 Impact Analysi 29 3.15 Recreation. 30 3.15.1 Setting. 30 3.15.2 Impact Analysi 30 3.16 Transportation/Traffic 31 3.16.1 Setting... 31 3.16.2 Impact Analysis... 3-31 3,17 Utilities and Service Systems 32 3.17.1 Setting. 33 3.17.2 Impact Analysis. 33 3.18 Mandatory Findings of Significance 34 References add satnsoaboigeant 4-1 Appendix A Construction Emissions Calculations B Cultural Resources Documentation Tables 1 Project Construction Emissions and Comparisons to 2010 BAAQMD CEQA Thresholds ........5+e000 aCaashvabosned 3-4 2 Project Construction Greenhouse Gas Emissions...... 3-18 Figures 1 Project Location Map.... hae 2 Bridge General Plan gst 1-5 3a Bridge Schematic Drawing, Plan View 1-7 3b Bridge Schematic Drawing, Elevation 1-9 Vegetation Map.........+. 3-8 v FOD/13247000) (THREE_CREEKS_SRIDGE_Js.00Cx) 190513023224ROD Acronyms and Abbreviations BAAQMD Bay Area Air Quality Management District BMP best management practice CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CGP Construction General Permit CHa methane co carbon monoxide CO2 carbon dioxide GHG greenhouse gas IS/MND Initial Study and Mitigated Negative Declaration N20 nitrous oxide NOx oxides of nitrogen NPDES National Pollutant Discharge Elimination System OHWM ordinary high water mark PMas particulate matter with aerodynamic diameter equal to or less than 2.5 microns PMio particulate matter with aerodynamic diameter equal to or less than 10 microns ROG reactive organic gases SFBRWQCB San Francisco Bay Regional Water Quality Control Board SRA Shaded Riverine Aquatic (type of habitat) SWPPP stormwater pollution prevention plan USACE U.S. Army Corps of Engineers USFWS U.S. Fish and Wildlife Service RDD/132470001 (THREE_CREEKS_BRIDGE_IS.00Cx) €S080513023224R0D SECTION 1 Background Information 1.4 Project Title Three Creeks Trail Pedestrian Bridge Project 1.2 Lead Agency Name and Address City of San José 200 E. Santa Clara Street San José, CA 95113 1.3. Lead Agency Contact Person and Phone Number John Davidson, Senior Planner Planning Division Department of Planning, Building and Code Enforcement City of San José Phone: (408) 535-7895 Email: john.davidson@sanjoseca.gov 1.4 Project Location The Three Creeks Trail Pedestrian Bridge Project is in Willow Glen, a neighborhood of San José, CA. The project is situated between a residential neighborhood and a commercial/industrial area on a crossing over Los Gatos Creek between Lonus Street and Coe Avenue (latitude 37°18’53.16”N, longitude 121°54'13.00"W). 1.5. General Plan Designation The General Plan designation is primarily Open Space, Parklands and Habitat, with Residential Neighborhood occurring to the south, and Light Industrial occurring to the north. 1.6 Zoning The project location spans two zoning designations as follows: . R-1-8: Single Family Residential on the south . LI: Light Industrial on the north 1.7. Background and Description of the Project The City of San José is in the process of developing the Los Gatos Creek Trail and the Three Creeks Trail as part of a citywide effort to improve the pedestrian and bicycle trail system. In 2004, the City of San José completed an environmental impact assessment for the Los Gatos Creek Trail, Reach 4 project, including the existing railroad trestle that is the subject of the current analysis (see Figure 1, Project Location). The assessment was completed pursuant to the California Environmental Quality Act (CEQA), and consisted of an Initial Study and Mitigated Negative Declaration (Los Gatos Creek Trail, Reach 4 IS/MND) (City Project No. PP04-01-014). 1 The entire Reach 4 project, as described in the Initial Study, Includes trail improvements from Coe Avenue in Willow Glen to Auzerals Avenue In Midtown San José, and Is part of the larger 19-mile Los Gatos Trail system from Lexington Reservoir to the Guadalupe River confluence in Downtown San José. The trail would be a Class | (off-street, paved) pedestrian and bicycle facility and would be approximetely 12 feet wide, RIDD/13247000) (THREE_CREEKS_BRIDGE_1S.D0CX) ww 5080513023224RDD. Ee Las " LO Pe oS a Se 7 ers Spell Dad re 3 7 ed & ees > NE cd bt aA} ve & Mu aa RS | oy Ae os ret As so e LS Pat A Ai a . i ‘ a oS letoa os Le 7 >. a x A) ro ee a ise a ne. rd VICINITY MAP Source: Esri (2010). —_& Alum LEGEND sunny he Santa.) Rock AN “y _}Project Location | i Cupertino {s AN, Mo; Map Location Campbell\ \ S; aratega 7 wy = 70, FIGURE 1 Project Location Map | Three Creeks Pedestrian Bridge Project ° 400 200 City of San Jose a Hct San Jose, CA RDO \BALDURIPROTHREECREE! SIMAPFILESITC_LOCATION MXD KMINO 672 72.36.56 PM CH2MIHILL. SECTION 1: BACKGROUND INFORMATION The documents were approved and issued on June 28, 2004, and a CEQA Notice of Determination was filed on December 2, 2004. The railroad trestle repairs were described in the 2004 CEQA document based on what was known at the time, and did not include work within Los Gatos Creek. The existing railroad trestle was part of a railroad spur within the San José Willow Glen neighborhood, and was recently acquired by the City. The trestle is in a state of disrepair that does not allow for bicycle and pedestrian use. The proposed project would provide bicycle and pedestrian access on a new bridge structure that would connect to both the Los Gatos Creek and Three Creeks trails. Because of the changed nature of the project, this CEQA Initial Study updates the previous analysis (PP04-01-014) for the bridge crossing. The project would replace the existing wood trestle with a pre-fabricated, 210-foot-long, single-span steel truss bridge with a poured concrete deck (see Figures 2, 3a, and 3b). The new bridge would be on the same alignment as the existing bridge. The wood abutments would be replaced with new concrete abutments supported on driven H-piles. There would be no permanent supports in the creek. Temporary supports might be needed for erection of the new bridge. Small retaining walls would be installed adjacent to the new bridge abutments to allow for the future Los Gatos Creek trail connection to the northeast and for a viewing area on the south side of the new bridge. Aesthetic treatments are included in the bridge design. The pedestrian bridge will include design elements that recall the former Western Pacific Railroad operations and trestle structure, including two large emblems inset in the pavement representing the Western Pacific and Union Pacific Railroads, and an interpretive display panel focusing on the timeline and history of the trestle as it relates to the surrounding community. Basic design concepts are presented on Figures 3a and 3b, which were developed following community meetings and consultation with local experts. The final aesthetic treatments are continuing to be refined. This bridge is a component of the Three Creeks Trail system currently, which is currently being master planned. Railway operations are to be recalled with the following elements along the trail system: trail-naming signage with a train icon at all entry points, paved gateways scored to be reminiscent of railway tracks, site-specific gateway elements that take the form of water tanks common to railways, truss-inspired fencing and benches, and stacked crates inspired by products produced in the canneries and carried to market via railway. There will be five interpretive stations to recall the corridor’s history. The demolition of the existing bridge would require operation of cranes, excavators, and loaders along the length of the bridge. A work lane, approximately 20 feet wide, would be established along the upstream side of the bridge running parallel to the full length of the bridge. The existing trestle deck is supported by a total of 81 wood piles, with additional support from wood braces. Pile removal techniques would include the following complete- and partial-removal methods: . Vertical pulling involves gripping the pile with a chain, cable, or collar, and pulling with an excavator or hydraulic crane. Vibratory extraction involves attaching a vibratory hammer to the pile to break the seal between the pile and the soil and pulling with a crane or excavator from the top of the existing bridge deck. Horizontal snapping or breaking typically involves pushing or pulling the pile laterally to break off the pile near the ground line, Subsurface cutting involves using hydraulic or pneumatic saws or shears attached to an excavator to cut the pile below the ground line. The piles and bridge deck are composed mostly of creosote-treated wood, and demolition would generate a large amount of treated wood waste. Requirements for water quality control during demolition are described in Sections 3.4.2 and 3.8.2. Construction debris would be disposed of in accordance with California Department of Toxic Substances Control regulations for treated wood waste. The construction of the new bridge would involve excavating ground for the abutments and retaining walls using backhoes and excavators, pile driving of H-piles, placement of reinforcing steel and concrete, assembly of a pre- 00/13247000) (THREE_CREEKS_SRIDGE_|S,D0Cx) ee £$030513023224R00 SECTION |: BACKGROUND INFORMATION fabricated steel truss bridge using large cranes, and placement of a concrete deck on the bridge using a concrete pump truck, The approaches to the bridge would be prepared by placing sub-base and then placing concrete pavement. Aggregate paving would be provided to connect the new bridge approaches to the existing dirt trails. There are no large-diameter trees directly under the trestle, but some nearby tree branches hang over the trestle. Overhanging branches would need to be pruned, and in some cases nonnative trees would be removed to allow equipment access. It is not expected that any native trees would be removed. Partial dewatering of the creek bed may be necessary to protect water quality during demolition and to provide more accessibility for the demolition and construction equipment. Methods considered would involve diverting all creek flow in a temporary culvert or open channel, or adding clean washed gravel or gravel bags to divert flow to one side of the creek bed while providing a work platform on the opposite side of the creek. Construction is expected to begin in June of 2014 and last for approximately 4 months, This document is intended to support additional permits and discretionary approvals that might be needed to gain full approval for the project. As part of the project, all required permits would be acquired before the start of construction. The following permits are expected at this time to be needed to complete the project: . San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) — Section 401 Water Quality Certification pursuant to the Clean Water Act U.S. Army Corps of Engineers (USACE) — San Francisco District — Clean Water Act Section 404 permit for dredging or removal of sediments and placement of fill within waters of the U.S., including wetlands; as part of the Section 404 process the USACE would consult with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service regarding federally listed special-status species USFWS — Protection of federally listed endangered species, under Section 7 of the federal Endangered Species Act of 1973 National Marine Fisheries Service — Consultation for protection of federally listed migratory fish species under the federal Endangered Species Act and essential fish habitat for commercial species (Magnuson-Stevens Act) California Department of Fish and Wildlife (CDFW) — Protection of California species listed under the California Endangered Species Act and development of Section 1602 Lake or Streambed Alteration Agreement County of Santa Clara — Joint Conservation Easement and Funding Agreement 14 R0D/132470001 (THREE_CREEKS_SRIDGE_IS.00C%) ES030S}3023224RD0 aiannet rere ver mae: fats seus SES sree as] esanasro ‘Sactase wien Seraran cisanuce eTae a SAA WW ANALELL ELLE ZZ ae waa baer ae sca wan aston aman. uvasusecoe aa a tele noone — Dee. secnon igo Spee SPATS SSS ero nat ‘ovr tree i . somesnes ns re darvor wren morenas ~~ ‘wearin sasromunout i crane 12 Fae Nimanonseve aan etn ‘ema ninon serereenanceetnngnetnse aX 1 me rs © sopmern soe arece Premarin eA —— Preliminary FIGURE 2 Bridge Plan ‘Thive Creeks Pedestion Bridge Project ity of San Jose San Jose, CA (CH2MHILL arm PLAN For LoS GATOS CREEK REPLACEMENT BRIDGE Lee cares teri SAN Tose CALE, jens Cherrunes Pini) Ht} | ba aah eh a a mal fd Leto nan armas ey) a vm | even rest paren ‘i 4 SIDE ELEVATION VIEWING Pb: ATEORIA, yon AF FIGURE 3a ‘Schematic Plan View Three Creeks Pedesan Bridge Project ity of San Jose San Jose,CA cH2MHILL Taam aroga SUTURE c* Viaw PLATRORM WITH RIVER ROCK conTAN Ral. ULI T OR Wein Wine MESH SHATING BENCH a hl \\} N\ \ N i XS i RIVER ROK AT anions —-an! creNY I}NN Ee i Ai ABUTMENTS AseA BLAVATION OF SOUTH BNTRY o eh ne SSK Sey we RE aN Lge BRET] eseay MXISTING, TREES oO < BXTENDED OS PLAY PANE! PR viewed J a eek * eX aT [Te VIRAL AAJA ale LA CALALALA Xe Cty SAE NOE sz Serres AIP —————— ry aa. M, XY pi 408 GATO CREEK TRAIL WS yt) <—— ~——< — —— _— Ph es! BLEVATION OF SCHEME ELVE KOR LOS GATOS CREB . HULY “BUA, iy R/IOGE REPLACEMENT . GAN JOSE CALIF. Pyls FIGURE 3b ‘Schematic Elevation Drawing ‘Three Creeks Pedestian Bridge Project ity of San Jose ‘San Jose, CA a cH2MHiLL SECTION 2 Environmental Determination 2.1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project; that is, they would involve at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Agriculture Resources L Air Quality Biological Resources Cultural Resources O Geology/Soils Greenhouse Gas Emissions Hazards & Hazardous Materials O Hydrology/Water Quality Land Use/Planning Mineral Resources O Noise Population/Housing Public Services O Recreation Transportation/Traffic Utilities/Service Systems O Mandatory Findings of Significance 2.2 Determination Determination: (To be completed by the Lead Agency) On the basis of this initial evaluation: O | find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared, XI | find that althoughthe 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. O | find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required, | 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. | 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 ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier ENVIRONMENTAL IMPACT REPORT or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Title Agency: RIDD/132470001 (THREE_CREEKS_BRIOGE_JS.000X) BH £S090513023224RDD SECTION 3 Evaluation of Environmental Impacts 3.1 Aesthetics Aesthetics Checklist Less-Than- Potentially Significant with Less-Than- Significant Mitigation Significant Would the project: Impact Incorporation Impact No Impact Have a substantial adverse effect on a scenic vista? O O O Xd Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings O 0 0 bd within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? O] O J O Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? O O XO XI 3.1.1 Setting The project site is within an urbanized area of the San José city limits adjacent to a residential neighborhood and commercial/industrial district. Presently, the project area consists of an unused railroad trestle. Due to the current state of the bridge, there is no current use of the bridge by nearby residents. 3.1.2 Impacts Analysis a. Would the project have a substantial adverse effect on a scenic vista? NO IMPACT. The project is not located in an area considered as a scenic vista and would have no impact. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? NO IMPACT. The proposed project is not located within a state scenic highway and would have no impact. c Would the project substantially degrade the existing visual character or quality of the site and its surroundings? LESS-THAN-SIGNIFICANT IMPACT. Although most of the trail is not visible to nearby residents, during construction some equipment may be visible. Construction activities would be temporary, lasting approximately 4 months. Once complete, the area would be restored to the extent practicable, including the replanting of trees that may be removed during construction (see Section 3.4, Biological Resources). Replacement of the existing trestle with a usable bicycle/pedestrian bridge is expected to introduce views of Los Gatos Creek in this area to trail users, which would enhance appreciation of the creek corridor. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? NO IMPACT. The project would not include any additional lighting and therefore would not adversely affect daytime or nighttime views in the area. f0D/ 13247000) (THREE CREEKS BRIDGE Is.000x) a4 ES090513023224R00 SECTION 3: EVALUATION OF ENVIRONMENTAL IMPACTS 3.2 Agriculture and Forest Resources Agriculture and Forest Resources Checklist Less-Than-