Programs

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Date of Publication: 9/9/2024
City of San Jose
200 East Santa Clara Street, T3
San Jose CA 95113
(408) 535-3500

On or after Tuesday, September 15, the City of San Jose will authorize Rebuilding Together Silicon Valley to submit a request to the Office of Lead Hazard Control and Healthy Homes (OLHCHH) for the release of Healthy Housing Production Grant funds under Section 501 and Section 502 of the of the Housing and Urban Development Act of

1970 (12 U.S.C. §§ 1701z-1 and 1701z-2), and funding is provided by the Consolidated Appropriations Act, 2022 (Public Law 117-103, approved March 15, 2022) as amended, to undertake the following project:

Tier 1 Broad Review Project/Program Title: Healthy Homes Production Program

Purpose: Provide housing rehabilitation assistance to owner occupied homeowners for the purpose of eliminating substandard housing conditions and to create healthy living environments.

Location: Homes within the municipal city limits of the City of San Jose.

Project/Program Description: The program will focus on providing repairs and modifications assistance to low-income households in addressing substandard housing conditions which pose a threat to the health and safety of the household affecting the immediate livability. Tier 2/SiteSpecific reviews will be completed for those laws and authorities not addressed in the Tier 1 broad review for each address under this program when addresses become known.

Level of Environmental Review Citation: 24 CRFR Part 58.34(a)(12) and 24 CFR Part 58.35(a)(3)(i) Rehabilitation Program of home-owner occupied single family homes. In accordance with §58.15, a tiered review process has been structured, whereby some environmental laws and authorities have been reviewed and studied for the intended target area(s) listed above. Specifically, the target area has been studied and compliance with the following laws and authorities has been achieved in this Tier 1 Broad Level Review: Airport Hazards, Coastal Barrier Resources Act, Air Quality, Coastal Zone Management Act,

Endangered Species Act, Explosive and Flammable Hazards, Farmlands Protection Act, Floodplain Management Act, Noise Abatement and Control Act, Sole Source Aquifers Act, Wetlands Protection Act, Wild and Scenic Rivers Act, and Environmental Justice.

The Tier 2 Site-Specific Reviews will cover the following laws and authorities not addressed in the Tier 1 Broad Level Review: Flood Insurance, Contamination and Toxic Substances, Floodplain Management, Historic Preservation.

Flood Insurance and Floodplain Management. A review of the site’s FEMA FIRMETTE map and floodplain status will be assessed.

Contamination and Toxic Substances. A review of the site and surrounding properties using NEPAssist, EnviroAtlas, ECHO EPA reports will be used to assess any potential mitigation measures related to contamination or toxic substances.

Radon Testing. Radon testing will be conducted on each site. If Radon levels exceed 4 pCi/L, mitigation measures will be added to the scope of work.

Historic Preservation. For any property over 50 years old, a review of the national and historic registries will be conducted to determine whether the property has any historical significance.

Further, if the property is in need of any repairs that are not a part of the City’s Programmatic Agreement with the State Historic Preservation Office (SHPO) will require SHPO consultation.

Mitigation Measures/Conditions/Permits (if any): None

Estimated Project Cost: $1,200,000

Grant Funds: CAHHP-0122-23 (CFDA 14.913)

The activity/activities proposed are categorically excluded under HUD regulations at 24 CFR

Part 58 from National Environmental Policy Act (NEPA) requirements per 58.34(a)(12) and 58.35(a)(3)(i). An Environmental Review Record (ERR) that documents the environmental determinations for this project is on file at City of San Jose, 200 East Santa Clara Street, T3, San Jose CA 95113 and may be examined or copied weekdays 8:00 A.M to 5:00 P.M., and may also be reviewed online at the Environmental Review Records HUD Exchange site at: https://cpd.hud.gov/cpd-public/environmental-reviews.

PUBLIC COMMENTS

Any individual, group, or agency may submit written comments on the ERR to the City of San Jose Housing Department at 200 East Santa Clara Street, 12^th Floor, San Jose, CA 95113 or by email to . All comments received by Monday, September 16, will be considered by the City of San Jose prior to authorizing submission of a request for release of funds.

ENVIRONMENTAL CERTIFICATION

The City of San Jose certifies to the Office of Lead Hazard Control and Healthy Homes

(OLHCHH) that Christopher Burton, Certifying Officer, in his capacity as Director of Planning, Building and Code Enforcement consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. OLHCCH’s approval of the certification satisfies its responsibilities under NEPA and related laws and authorities and allows Rebuilding Together Silicon Valley to use OLHCHH’s program funds.

OBJECTIONS TO RELEASE OF FUNDS

OLHCHH will accept objections to its release of funds and the City of San Jose’s certification for a period of fifteen days following the anticipated submission date cited above or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of San Jose; (b) the City of San Jose has omitted a step or failed to make a decision or finding required by HUD regulations at 24 CFR part 58; (c) the grant recipient or other participants in the development process have committed funds, incurred costs or undertaken activities not authorized by 24 CFR Part 58 before approval of a release of funds by OLHCHH; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and may be addressed to OLHCHH, Karen M. Griego, Program Environmental Clearance Officer, US Department of Housing and Urban Development at 451 7^th Street, S.W., Washington DC 20410, or may be emailed to . Objectors should contact Karen Griego at to verify the actual last day of the objection period.