Attachment A

Current Construction Impact Mitigation Requirements Included in Permits for Private Developers and Utility Companies

1. Standard Development Permit Conditions

Construction Impact Mitigation Measures.

a) The applicant shall ensure that the following construction impact mitigation measures are fully complied with throughout the duration of all construction activities associated with this project and related off-site construction work. Failure to comply with these conditions by the applicant, their contractors or subcontractors shall be cause for shutdown of the project site until compliance with the following conditions can be ensured by the City.

b) Construction Hours. Construction activities shall be limited to the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday for any on-site or off-site construction activities located within 500 feet of any residential unit.

c) Construction Deliveries. Deliveries shall not occur outside the above construction hours. All deliveries shall be coordinated to ensure that no delivery vehicles arrive prior to the opening of the gates to prevent the disruption of nearby residents.

d) Fencing. The site shall be wholly enclosed by security fencing. The gates to the project site shall remain locked during all other times, except for a fifteen minute period immediately preceding and following the above hours of construction.

e) Construction Employees. Workers shall not arrive to the site until the opening of the project gates. The applicant shall designate a location without adjacent residential units for workers to wait prior to the opening of the project gates.

f) Plans. The construction hours shall be printed on all plans for the project used to construct the project.

g) Mitigation Measures. These construction impact mitigation measures shall be included in all contract documents for the project to ensure full disclosure to contractors and subcontractors. In addition, the applicant is responsible to ensure the following occur prior to the issuance of a Building Permit for the project:

h) Disturbance Coordinator. A disturbance coordinator shall be identified by the developer for this project. The disturbance coordinator shall be responsible for ensuring compliance with the hours of construction, site housekeeping, and other nuisance conditions in this permit.

i) Daily Log. The disturbance coordinator shall maintain a log of daily activities on the project, including but not limited to, verification of site closure activities, project cleanliness, complaints on site activities and conditions and dates and times of the coordinators visits to the project if the coordinator is not solely responsible for this project site.

j) Telephone Contact. A phone with answering machine for non-work hours shall be maintained during the duration of project construction. The phone number should be a local call for surrounding residents.

k) Signage. The name and phone number of the disturbance coordinator, the hours of construction limitations, City File Number (insert), city contact and phone number (department and phone number), and shall be displayed on a weatherproof sign posted at each entrance to the project site.

l) Conformance. The Director of Planning, Building and Code Enforcement may order an immediate halt to construction activities on the project site any time that the Director determines that the project is not in substantial conformance with the requirements of this Permit. Within seven days of ordering such a halt to construction, the Director of Planning, Building and Code Enforcement shall issue a Notice of Noncompliance in conformance with Section 20.44.160 of Title 20 of the San José Municipal Code indicating the specific area(s) of noncompliance and providing notice that the Director may issue an Order to Show Cause why the development permit shall not be revoked, suspended, or modified if the noncompliance is not corrected.

m) Traffic Control. Traffic Control, detours and partial street closures shall be approved by City and other appropriate agencies prior to implementation by the Developer.

2. Standard Encroachment Permit Conditions

a) ENCROACHMENT PERMIT STANDARD CONDITIONS (excerpts related to construction mitigation measures):

b) Working Hours :

c) 8:30 AM to 3:30 PM - Monday through Friday, excluding holidays and weekends.

d) 9:00 AM to 3:00 PM - Monday through Friday, excluding holidays and weekends when working within a signalized intersection. Traffic shall be controlled by City of San José Police Officers. Officers shall be scheduled through SJPD Secondary Employment Unit only, five working days in advance. Call (408) 277-4980

e) Twenty-four (24) hours in advance of starting, resuming, or changing scheduled work within the City right-of-way, the permittee shall notify: (WORK INSTALLED WITHOUT NOTIFICATION MAY BE REJECTED)

f) City of San Jose - Engineering Services Division - Inspection

g) Santa Clara County Transit, if bus-stops will be blocked.

h) City of San José Communications for any detours and closures.

i) If applicable, install "Tow-Away" or "No Parking, No Stopping" signs at least 24 hours and no more than 72 hours in advance of starting work. The messages on the signs shall include the dates and times of the required prohibition. Approval for the use of these signs must be obtained from the Department of Transportation.

j) No tree within the public right-of-way may be removed or trimmed without prior written authorization from the Department of Transportation.

k) This site is to be maintained in a safe condition at all times. Attention is directed to Sections 7-1.08, 7-1.09, and 7-1.12 of the City of San José Standard Specifications regarding public safety, convenience, and responsibility for damage. During construction, all hazardous or inaccessible conditions observed are to be expeditiously remedied by permittee. The Director of Public Works may take action as necessary to remedy the condition that has been allowed to remain. Permittee will be responsible for all costs for such action.

l) Permittee is obligated under this permit to maintain and repair all pavement and sidewalk sections in the City's right-of-way damaged due to the installation of the above described facilities. Concrete sidewalk shall be repaired by removing and replacing the entire section between scoring lines or joints, but not less than a 3' by 3' square. Score to match existing. Aggregate base material may not be reused.

m) The City reserves the right to approve and construct municipal improvements over and/or under portions of City right-of-way utilized by permittee. The City reserves the right to do other work on or near the project. Permittee shall cooperate with others and conduct work as to facilitate work by the City or others and prevent delay, additional expense, or hindrance thereto. Permittee shall request from, and exchange with others, drawings, data, and information as necessary to insure proper completion of the project and the work of others.

n) All changes affecting City liability, maintenance, or operation of City facilities must be approved by the City prior to construction.

o) Backfill or plate all excavations at the end of each work day and when the excavation is left unattended … to provide vehicular traffic and …pedestrian access.

p) Should the work contemplated in this permit interfere with the established drainage, the permittee shall make ample provisions to provide for adequate drainage, or as may be directed by the City.

q) Permittee is advised that disposal of dirt and other debris into the public storm drain system is prohibited under the San José Municipal Code and under California State Fish & Game Code.

r) The contractor must clean-up and remove all debris from the work area before the end of working hours for each day. No equipment will be allowed to be parked within any traffic lanes or medians after work hours. No stockpiles will be allowed to remain in the public right-of-way after work hours. Any exceptions will require prior authorization from the City.

s) TRAFFIC CONTROL REQUIREMENTS:

t) This permit is not valid until a Traffic Control Plan has been submitted for review. Traffic control shall conform to the provisions of Section 12 of the City of San José Standard Specifications, and these Standard Conditions. All traffic control shall be coordinated with the City Inspector. Construction shall be organized so as to cause the least possible inconvenience to traffic. Traffic control and detours used shall conform to the principles set forth by the current CALTRANS "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES". The Contractor shall provide all required signs, barricades, arrowboards, lights, high level flag trees and devices, flagging or reserve police officers.

u) When working in the downtown area (bounded by Julian Street, 7th Street, Route I-280, Route 87), notify Downtown Traffic Operations Engineer for the Department of Streets and Traffic at (408) 277-3675 at least 10 DAYS prior to start of construction. Notification will be given to the Downtown Business Association, Office of Cultural Affairs, and the San José Redevelopment Agency.

v) LANE REDUCTIONS (Closures, diversions, narrowing, etc.)

w) Provide electric arrowboard(s) for all lane reductions.

x) A minimum traffic lane width of twelve (12) feet shall be maintained at all times.

y) On streets with one traffic lane in each direction, one 14-foot lane shall be maintained for two-way operation. Two flaggers shall be required at all times.

z) On streets with two or more traffic lanes in each direction, traffic shall be reduced by no more than one lane in each direction.

aa) On one-way streets, traffic shall be reduced by one lane only.

bb) All traffic lane reductions shall be delineated with Type II barricades, 28" traffic cones, or 48" delineators spaced 25' O.C. The tapered transitional length shall be 150' minimum.

cc) Post "KEEP RIGHT(LEFT)" signs on Type II barricades at the beginning of each lane reduction.

dd) Post C20 "RIGHT(LEFT) LANE CLOSED AHEAD" sign attached to a high level flag tree 150' + in advance of lane reductions.

ee) Install and maintain C18 "ROAD CONSTRUCTION AHEAD", or C23 "ROAD WORK AHEAD" signs, 7' high, on 4 X 4 wood posts or a convenient electrolier standard approximately 300' in advance of the work area.

ff) During approved working hours, all open excavation areas shall be barricaded with at least two (2) Type III barricades at the end of the excavation that faces oncoming traffic. The longitudinal edge of pavement excavation shall be delineated with Type II barricades spaced 25' O.C. Attach "OPEN TRENCH" signs to barricades 100' O.C.

gg) Maintain property access at all times. Where facilities exist, a minimum sidewalk and bike path width of four feet (4') shall be maintained at all times for safe passage through the work area. At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic. One (1) 18" X 30" "CROSSWALK CLOSED - USE OTHER SIDE" sign shall be posted on barricades where an existing crosswalk cannot be maintained.

hh) Inform the public of the traffic conditions existing within the construction area at all times by placement of appropriate warning and advisory signs. Provide and maintain all traffic control and safety items. Permittee assumes sole and complete responsibility for the job and site conditions during the course of construction, including safety of all persons and property. This requirement shall apply continuously 24 hours/day and shall not be limited to normal work hours.

ii) Work shall not occur within two (2) adjacent intersections at the same time.