City Council and Authorities Concurrent
May 24, 2022

This person shall respond and take
corrective action within 48 hours. The Air
District’s phone number shall also be
visible to ensure compliance with
applicable regulations.

Mitigation Measure 5-3B: Require a Projectlevel Construction Assessment for New Development Proposed Under
Implementation of the Freedom Circle Focus
Area Plan. The City shall require applicants to
City;
Individual
project
applicants
SU
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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submit a quantitative project-level construction
criteria air pollutant and toxic air contaminant
emissions analysis for future development
proposed under implementation of the Freedom
Circle Focus Area Plan. The estimated
construction criteria air pollutant and toxic air
contaminant emissions shall be compared
against the thresholds of significance maintained
by the Bay Area Air Quality Management District
(BAAQMD) and, if emissions are shown to be
above BAAQMD thresholds, the City shall
require the implementation of mitigation to
reduce emissions below BAAQMD thresholds or
to the maximum extent feasible. Mitigation
measures to reduce emissions could include, but
are not limited to:
 Selection of specific construction equipment
(e.g., specialized pieces of equipment with
smaller engines or equipment that will be
more efficient and reduce engine runtime);
 Requiring equipment to use alternative fuel
sources (e.g., electric-powered and liquefied
or compressed natural gas), meet cleaner
emission standards (e.g., U.S. EPA Tier IV
Final emissions standards for equipment
greater than 50-horsepower), and/or utilizing
added exhaust devices (e.g., Level 3 Diesel
Particular Filter);
 Minimizing the idling time of diesel-powered
construction equipment to two minutes;
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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 Requiring that all construction equipment,
diesel trucks, and generators be equipped
with Best Available Control Technology for
emission reductions of NOx and PM;
 Requiring all contractors use equipment that
meets CARB’s most recent certification
standard for off-road heavy-duty diesel
engines; and
 Application of Low-VOC paints to interior
and/or exterior surfaces (e.g., paints that
meet SCAQMD Rule 1113 “Low-VOC” or
“Super-Compliant” requirements).

Mitigation Measure 5-3C: Use Low- and
Super Compliant VOC Architectural Coatings
During Operational Activities. The City shall
require the use of Low- and Super-Compliant
VOC Architectural Coatings in maintaining
buildings in Freedom Circle Focus Area Plan
through Covenants Conditions and Restrictions
(CC&Rs) and Ground Lease. Developed parcels
shall require within their CC&Rs and/or ground
leases requirements for all future interior and
exterior spaces to be repainted with architectural
coatings that meet the “Low-VOC” or “SuperCompliant” requirements. “Low-VOC” refers to paints that meet the more stringent regulatory
limits of South Coast Air Quality Management
District AQMD Rule 1113. “Super-Compliant”
refers to paints that have been reformulated to
levels well below the “Low-VOC” limits.

City;
Individual
project
applicants
SU
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Mitigation Measure 5-3D: Implement TDM
Program. Proposed residential and office land
uses within the Freedom Circle Focus Area Plan
shall prepare and implement Transportation
Demand Management (TDM) programs that
achieve a minimum reduction in vehicle miles
traveled (VMT) of 20 percent compared to
baseline conditions (i.e., without internal or
external reductions accounted for, such as
geographic location, land use interconnectivity,
etc.), with at least 10 percent of the reduction
coming through project-specific TDM measures
(e.g., transit subsidies, telecommuting options,
etc.).

Even with implementation of these measures,
this impact would remain significant and
unavoidable.

City;
Individual
project
applicants
SU
Impact 5-4: Result in a Cumulatively
Considerable Net Increase in Criteria
Pollutants for which the Region is NonAttainment – Greystar General Plan Amendment. Implementation of the Greystar
General Plan Amendment / Project could result
in the emission of criteria air pollutants that
have the potential to exceed BAAQMD
thresholds of significance. These activities
represent a potentially significant impact.

S Mitigation Measure 5-4A: See Mitigation
Measure 5-3A.

Mitigation Measure 5-4B: Use Low- and
Super Compliant VOC Architectural Coatings
During Construction. During construction, the
City shall require the Greystar Project use
architectural coatings for exterior applications
that meet “Low-VOC” or “Super-Compliant”
standards, as defined in South Coast Air Quality
Management District AQMD Rule 1113. “SuperCompliant” refers to paints that have been reformulated to levels well below the “Low-VOC”
Greystar
project
applicant
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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limits. This impact would be less than
significant with mitigation incorporated.

Impact 5-5: Generate Toxic Air
Contaminant Emissions that Expose
Sensitive Receptors to Substantial Pollutant
Concentrations During Construction –
Freedom Circle Focus Area Plan.

Implementation of the Freedom Circle Focus
Area Plan would result in construction activities
over the next approximately 20 years that
generate toxic air contaminant emissions and
could expose sensitive receptors to substantial
pollutant concentrations. These activities
represent a potentially significant impact.

S Mitigation Measure 5-5: See Mitigation
Measure 5-3B.

Even with implementation of these measures,
this impact would remain significant and
unavoidable.

City;
Individual
project
applicants
SU
Impact 5-6: Expose Sensitive Receptors to
Substantial Operational Pollutant
Concentrations – Freedom Circle Focus
Area Plan

LS N/A N/A N/A
Impact 5-7: Expose Sensitive Receptors to
Substantial Pollutant Concentrations –
Greystar General Plan Amendment

LS N/A N/A N/A
Impact 5-8: Odors – Freedom Circle Focus
Area Plan

LS N/A N/A N/A
Impact 5-9: Odors – Greystar General Plan
Amendment

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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BIOLOGICAL RESOURCES
Impact 6-1: Impacts on Special-Status
Species, Riparian Habitat, Sensitive Natural
Communities, and Wetlands

LS N/A N/A N/A
Impact 6-2: Potential Impacts on
Threatened and Endangered Species
Habitat. Because biological resources are
mobile and may colonized or relocate, even
within built structures, before project work
begins, the City would evaluate whether each
individual, future project application (with the
exception of the Greystar site [Ground-truthing
of the biological resources on the Greystar
property site on the December 12, 2020 site
visit provided no evidence that further
biological surveys would be required to be in
compliance with this EIR’s mitigation
measures, as the site contained no vegetation,
no aquatic resources, is regularly disked, and
did not contain any small mammal burrows.])
would be required to prepare a biological
resource survey for City review prior to
approval of any development. This is to ensure
that any future project activities within the
Focus Plan Area that have the potential to
degrade the habitat of any threatened or
endangered species are evaluated according
to Policy 5.10.1‐P1 of the Santa Clara General
Plan (see “Regulatory Setting” above).

Disregarding City evaluation of the need for
S Mitigation 6-2. Upon receiving applications for
projects within the project area, the City shall
evaluate the need for a specific biological
resource survey of the project area and adjacent
area that may be indirectly impacted by project
work. If no biological resources are determined
to be at risk for an individual project (i.e.,
potential for bird and bat species, within and
directly adjacent to the project area, to occur
and/or be affected by project activities is
negligible), no further survey shall be required.

However, if the City determines that biological
resources within the proposed project area
require further analysis, the project proponent
shall be required to conduct a biological
resource survey of the habitat and special-status
species that may be impacted by project
activities, either directly or indirectly. A report
shall be provided to the City detailing survey
methods, results, performance standards, and
avoidance and minimization measures required
to protect any special-status species with
potential to be impacted, consistent with the
regulatory agency protocols. Implementation of
this measure would reduce the impact to a lessthan-significant level.

City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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further biological resource surveys would be in
violation of City policy and is therefore
considered a potentially significant impact.

Impact 6-3: Potential Impacts on SpecialStatus Plants. There is a low potential for Congdon’s tarplant (Centromadia parryi ssp.
congdonii; California Rare Plant Rank 1B.2)
and arcuate bush mallow (Malacothamnus
arcuatus; California Rare Plant Rank 1B.2) to
occur within the project area (with the
exception of the Greystar site, which has been
confirmed not to contain these plant species) ,
especially if the area is left undisturbed for a
long period of time (i.e., a year or longer) and
plants are able to colonize the project site.

Without a proactive mitigation procedure in
place, Plan implementation and any future
projects planned within the Focus Area Plan
could inadvertently result in the removal of
special-status plants. This is considered a
potentially significant impact.

S Mitigation 6-3. Before any project work within
the project area, including the Greystar project
site, a qualified botanist shall conduct sitespecific, focused surveys according to CDFW guidelines to determine presence or absence of
special-status plant species on the individual
project site and any adjacent potential area of
disturbance. A comprehensive, site-wide survey
should be conducted within May to September
before project work begins, to encompass the
Congdon’s tarplant and arcuate bush mallow’s
blooming periods. Following the completion of
the surveys, a survey results report shall be
prepared and provided to the City. This report
should include, but should not be limited to, the
following: (1) a description of the survey
methodology; (2) a discussion of the survey
results; and (3) a map showing the survey area
and the location of any special-status plants
encountered. If no rare plants are found, then
no further mitigation would be required.

If rare plants are found during the survey, the
number of individuals present shall be
documented, and the limits of population shall
be marked with flagging. The flagged border of
the population shall be avoided by construction
personnel for the duration of the project. If the
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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species cannot be avoided or may be indirectly
impacted, the applicant shall notify CDFW to
discuss avoidance, minimization, and other
measures as appropriate for each species
population, including measures to be taken and
protocols to be followed if special-status plants
are inadvertently disturbed during construction
activities.

CDFW may require the preparation and
implementation of a mitigation plan that details
avoidance, preservation, and/or compensation
for the loss of individual special-status plant
species. Mitigation may include the purchase of
mitigation bank credits, preserving and
enhancing existing on-site populations, creation
of off-site populations through seed collection
and/or transplantation and monitoring these
populations to ensure their successful
establishment, and/or preserving occupied
habitat off-site in perpetuity. Specific amount and
method of mitigation and/or credits shall be
determined in formal consultation with CDFW
and/or USFWS.

Implementation of this measure would reduce
the impact to a less-than-significant level.

Impact 6-4: Potential Impacts on Nesting
Birds or Roosting Bats. The Federal
Migratory Bird Treaty Act and California Fish
and Game Code sections 3503, 3503.5, 3513,
S Mitigation 6-4. The demolition of any buildings,
disturbance of gravel substrate, and/or removal
of trees, shrubs, or weedy vegetation shall be
avoided during the February 1 through August
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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3800, and 4150 protect migratory and nesting
birds, as well as roosting bats. Although the
project does not specify which trees or
buildings might be removed under individual
projects facilitated by the Plan, trees (potential
nesting and roosting habitat) or buildings could
be disturbed or removed by Plan
implementation. The possibility of removing
trees and/or buildings that contain nests or
roosting bats is identified here as a potentially
significant impact. Any direct removal of trees
or indirect disturbance by construction or
operational activities during the nesting season
that causes nest abandonment and/or loss of
reproductive effort (killing or abandonment of
eggs or young) is considered a "take."
There is a low potential for burrowing owl
(Athene cunicularia; California species of
special concern), white-tailed kite (Elanus
leucurus; California Fully-Protected Species),
pallid bat (Antrozous pallidus), and
Townsend’s big-eared bat (Corynorhinus
townsendii; California species of special
concern) to utilize the landscaped habitat
within the project area for roosting and/or
nesting, especially if the area is left
undisturbed for a long period of time. In
addition, many common bird species without a
special status, though protected by the MBTA,
MBPA, and California Fish and Game Code
(CFGC), may utilize buildings, gravel
31 bird nesting period to the extent possible. If
no demolition, gravel disturbance, vegetation, or
tree removal is proposed during the nesting
period, no further action is required. If it is not
feasible to avoid the nesting period, the project
applicant shall retain a qualified wildlife biologist
to conduct a survey for nesting birds at most 14
days prior to the start of removal of trees,
shrubs, grassland vegetation, or buildings,
including prior to grading or other construction
activity. If demolition of buildings, disturbance of
gravel substrate, or vegetation removal efforts
do not begin within the 14 days following the
nesting bird survey, another survey shall be
required. The area surveyed shall include all
construction sites, access roads, and staging
areas, as well as reasonably accessible areas
within 150 feet outside the boundaries of the
areas to be cleared or as otherwise determined
by the biologist and dependent on species’ life
history requirements.

If an active nest is discovered in the areas to be
directly physically disturbed, or in other habitats
within the vicinity of construction boundaries and
may be disturbed by construction activities (as
determined by the qualified biologist), clearing
and construction shall be postponed within a
species-specific no-work buffer (to be
determined by the qualified biologist and based
on the species life history and regulatory
requirements) until the biologist has determined
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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substrates, and the landscaped vegetation
within the project area for nesting, foraging,
and roosting. Common bat species protected
by the CFGC may also rarely utilize vegetation
or roof tiles within the project area for individual
roosting. Without a proactive mitigation
procedure in place, Plan implementation could
inadvertently result in the removal of existing
trees containing nests or eggs of migratory
birds, raptors, or bird species during the
nesting season, or roosting bats, which would
be considered unlawful take under the MBTA
and the CFGC (see Regulatory Setting above).

This is considered a potentially significant
impact.
that the young have fledged (left the nest), the
nest fails, or the nest is otherwise determined to
be inactive by the biologist (i.e., predation).

To avoid impacts to roosting bats that may rarely
utilize the project area vegetation, roof tiles,
and/or vacant buildings for day roosting, the
project applicant shall retain a qualified wildlife
biologist to conduct a survey for roosting bats no
sooner than 14 days prior to the start of
demolition of any vacant buildings left with entry
and egress points accessible to bats or removal
of suitable bat roosting vegetation. If demolition
of buildings or vegetation removal efforts do not
begin within the 14 days following the roosting
bat survey, another survey shall be required. If
roosting bats are detected, the biologist shall
enact a minimum of a 150-foot no-work buffer
and confer with CDFW to determine potential
roost protection or roost eviction practices. After
conferring with CDFW, the protective buffer may
be adjusted based on specific roost needs. Once
bats have been suitably protected by a buffer
and/or safely evicted from roosting sites (as
approved by CDFW, avoiding take as defined by
CESA and the CFGC), construction may resume
outside the buffered area.

A nesting bird and roosting bat survey report of
the methods and results of the pre-project
survey will be submitted to the City for review
and approval prior to commencement of
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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construction activities for individual projects.

Any additional construction monitoring, as
determined through any necessary
coordination/discretionary approvals with the
resource agencies, will be documented per
requirements set forth in an approved mitigation
monitoring and reporting program for the entirety
of the project.

Implementation of this measure would reduce
the impact to a less-than-significant level.

Impact 6-5: Potential Impacts on Protected
Trees, Plants, and Shrubs

LS N/A N/A N/A

CULTURAL AND HISTORIC RESOURCES
Impact 7-1: Destruction/Degradation of
Historic Resources—Plan Area. There may
be one or more properties or features within
the Focus Area Plan Area, now or in the future,
that meets the CEQA definition of a historic
resource, including properties or features
eligible for listing in a local, State, or Federal
register of historic resources. Future
development projects in the Focus Area Plan
Area, which would be required to be consistent
with the standards and guidelines incorporated
in a subsequent comprehensive planning study
(such as a specific plan) adopted by the City to
guide Plan Area development, may ultimately
cause substantial adverse changes in the
S Mitigation 7-1. For any individual discretionary
project under the subsequent comprehensive
planning study (such as a specific plan) adopted
by the City to guide Plan Area development that
the City determines may involve a property that
contains a potentially significant historic
resource, the resource shall be assessed by a
professional who meets the Secretary of the
Interior's Professional Qualifications Standards
to determine whether the property is a significant
historic resource and whether or not the project
may have a potentially significant adverse effect
on the historic resource. If, based on the
recommendation of the qualified professional,
the City determines that the project may have a
City;
Individual
project
applicants
SU
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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significance of one or more such historic
resources. Substantial adverse changes that
may occur include physical demolition,
destruction, relocation, or alteration of one or
more historic resources or its immediate
surroundings such that the resource is
"materially impaired." The significance of a
historic resource would be considered
potentially "materially impaired" when and if an
individual future development project proposes
to demolish or materially alter the physical
characteristics that justify the determination of
its significance (CEQA Guidelines section
15064.5[b]). Such adverse changes in the
significance of a CEQA-defined historic
resource would be a significant impact.
potentially significant effect, the City shall require
the applicant to implement the following
mitigation measures:
(a) Adhere to at least one of the following
Secretary of the Interior’s Standards:1
 Secretary of Interior's Standards for the
Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic
Buildings; or
 Secretary of Interior's Standards for
Rehabilitation and Guidelines for
Rehabilitating Historic Buildings.

The qualified professional shall make a
recommendation to the City as to whether the
project fully adheres to the Secretary of the
Interior’s Standards, and any specific
modifications necessary to do so. The final
determination as to a project's adherence to the
Standards shall be made by the City body with
final decision-making authority over the project.

Such a determination of individual project
adherence to the Secretary of the Interior’s
Standards will constitute mitigation of the project
1Under the CEQA Guidelines (section 15064.5[b][3]), a project's adverse impact on a historic resource generally can be mitigated to a lessthan-significant level by following either of these standards. _______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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historic resource impacts to a less-thansignificant level (CEQA Guidelines section 15064.5).
(b) If the City determines that measure (a) is not
feasible, the historic resource shall be moved to
a new location compatible with the original
character and use of the historic resource, and
its historic features and compatibility in
orientation, setting, and general environment
shall be retained, such that a substantial
adverse change in the significance of the historic
resource is avoided.1 Implementation of
measure (b) would reduce the impact to a lessthan-significant level.

If the City determines that neither measure (a)
nor measure (b) is feasible, to the extent
required by CEQA, additional analysis shall be
conducted in accordance with CEQA Guidelines
Section 15064.5 and 15162, particularly in order
for specific project alternatives to be designed
and evaluated. If the City determines that
1One example of a substantial adverse change would be the loss of eligibility for listing on the California Register. The State Historical Resources Code encourages the retention of historic resources on-site and discourages the non-historic grouping of historic buildings into parks or districts.

However, it is recognized that moving a historic building, structure, or object is sometimes necessary to prevent its destruction. Therefore, a moved building, structure, or object that is otherwise eligible may be listed in the California Register if it was moved to prevent its demolition at its former location and if the new location is compatible with the original character and use of the historic resource. A historic resource should retain its historic features and compatibility in orientation, setting, and general environment. (California Office of Historic Preservation, California Register and National Register: A Comparison, Technical Assistance Series 6; Sacramento, CA: California Department of Parks and Recreation, 2001) _______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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neither measure (a) nor (b) is found to be
feasible, then the City shall, as applicable and to
the extent feasible, implement the following
measures in the following order:
(c) Document the historic resource before any
changes that would cause a loss of integrity and
loss of continued eligibility. The documentation
shall adhere to the Secretary of the Interior's
Standards for Architectural and Engineering
Documentation. The level of documentation
shall be proportionate with the level of
significance of the resource. The documentation
shall be made available for inclusion in the
Historic American Building Survey (HABS) or the
Historic American Engineering Record (HAER)
Collections in the Library of Congress, the
California Historical Resources Information
System (CHRIS), and the Bancroft Library, as
well as local libraries and historical societies.
(d) Retain and reuse the historic resource to the
maximum feasible extent and continue to apply
the Secretary of the Interior’s Standards to the
maximum feasible extent in all alterations,
additions, and new construction.
(e) Through careful methods of planned
deconstruction to avoid damage and loss,
salvage character-defining features and
materials for educational and interpretive use onsite, or for reuse in new construction on the site _______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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in a way that commemorates their original use
and significance.
(f) Interpret the historical significance of the
resource through a permanent exhibit or
program in a publicly accessible location on the
site or elsewhere within the Plan Area.

Implementation of measures (b), (c), (d), (e),
and/or (f) would reduce a significant impact on
historic resources, but not to a less-thansignificant level. Without knowing the characteristics of the potentially affected historic
resource or of the future individual development
proposal, the City cannot determine with
certainty that measure (a) or (b) above would be
considered feasible. Consequently, this impact
is currently considered significant and
unavoidable.

Impact 7-2: Destruction/Degradation of
Historic Resources—Greystar Project

LS N/A N/A N/A
Impact 7-3: Potential for Disturbance of
Buried Archaeological Resources, Including
Human Remains, and Tribal Cultural
Resources—Plan Area. Development
facilitated by the subsequent comprehensive
planning study (such as a specific plan) could
disturb unrecorded sensitive archaeological
resources or tribal cultural resources in the
S Mitigation 7-3. During the City’s standard
project-specific review process for all future,
discretionary, public improvement and private
development projects under the subsequent
comprehensive planning study (such as a
specific plan) adopted by the City to guide
development in the Plan Area, the City shall
determine the possible presence of, and the
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Mitigation
Plan Area. This possibility represents a
potentially significant impact.
potential for new or substantially more severe
impacts of the action on, archaeological
resources and tribal cultural resources. The City
shall require individual project applicants or
environmental consultants to contact the
California Historical Resources Information
System (CHRIS) to determine whether the
particular project is located in a sensitive area.

Future discretionary development projects that
CHRIS determines may be located in a sensitive
area – i.e., on or adjoining an identified
archaeological site – shall proceed only after the
project applicant contracts with an archaeologist
who meets the Secretary of the Interior’s
Professional Qualifications Standards, to
conduct a determination in regard to cultural
values remaining on the site and warranted
mitigation measures, as described directly
below.

In general, to make an adequate determination
in these instances, the archaeologist shall
conduct a preliminary field inspection to (1)
assess the amount and location of visible ground
surface, (2) determine the nature and extent of
previous impacts, and (3) assess the nature and
extent of potential impacts. Such field inspection
may demonstrate the need for some form of
additional subsurface testing (e.g., excavation by
auger, shovel, or backhoe unit) or, alternatively,
the need for on-site monitoring of subsurface
activities (i.e., during grading or trenching).
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
In addition, the City shall continue to notify the
Native American tribes traditionally and culturally
affiliated with the Plan Area of the discretionary,
public improvement and private development
projects if those proposed improvements or
projects are subject to a CEQA Negative
Declaration (including Mitigated Negative
Declaration) or Environmental Impact Report
(EIR), in accordance with California Assembly
Bill 52, and if a Native American tribe requests
consultation, conduct a good faith consultation.

Following field inspection and completion of all
necessary phases of study as determined by the
archaeologist and the City, damage to any
identified archaeological resources shall be
avoided or mitigated to the maximum extent
possible. Preservation in place to maintain the
relationship between the artifact(s) and the
archaeological context is the preferred manner
of mitigating impacts on an archaeological site.

Preservation may be accomplished by:
 Planning construction to avoid the
archaeological or tribal cultural site;
 Incorporating the site within a park, green
space, or other open space element;
 Covering the site with a layer of chemically
stable soil; or
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
 Deeding the site into a permanent
conservation easement.

When in-place mitigation is determined by the
City to be infeasible, a data recovery plan, which
makes provisions for adequate recovery of
culturally or historically consequential
information about the site (including artifacts
discovered on the site), subject to review and
approval by the City, shall be prepared and
adopted prior to any excavation being
undertaken. Such studies shall be submitted to
the CHRIS Northwest Information Center. If
Native American artifacts are indicated, the
studies shall also be submitted to the Native
American Heritage Commission (NAHC).

CHRIS and NAHC are recognized as experts in
their respective disciplines.

Identified cultural resources shall be recorded on
form DPR 422 (archaeological sites). Mitigation
measures recommended by these two groups
(CHRIS and NAHC), as reviewed and approved
by the City, shall be undertaken prior to and
during construction activities. Although the
precise details of the mitigation measures would
be specific to the particular project site, the
measures shall be consistent with the avoidance
and mitigation strategies described in this
programmatic mitigation measure.
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
A data recovery plan and data recovery for a
historic resource shall not be required if the City
determines that testing or studies already
completed have adequately recovered the
necessary data, provided that the data have
already been documented in an EIR or are
available for review at the CHRIS Northwest
Information Center (CEQA Guidelines section
15126.4[b]).

Resource identification training procedures shall
be implemented for construction personnel,
conducted by an archaeologist who meets the
Secretary of the Interior’s Professional
Qualifications Standards. In the event that
subsurface cultural resources are otherwise
encountered during approved ground-disturbing
activities for a Plan Area construction activity,
work within 50 feet shall be stopped and a
qualified archaeologist retained to evaluate the
finds following the procedures described above.

Project personnel shall not collect cultural
resources. Although work may continue beyond
50 feet, the archaeologist shall be empowered to
temporarily halt or redirect construction activities
to ensure avoidance of adverse impacts to
archaeological resources.

If human remains are found, the rules set forth in
State Health and Safety Code section 7050.5
and CEQA Guidelines section 15126.4(b) apply
and shall be followed.
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Implementation of this measure would reduce
the impact to a less-than-significant level.

Impact 7-4: Potential for Disturbance of
Buried Archaeological Resources, Including
Human Remains and Tribal Cultural
Resources—Greystar Project. Development
of the Greystar project could disturb
unrecorded sensitive archaeological resources
or tribal cultural resources on the project site.

This possibility represents a potentially
significant impact.

S Mitigation 7-4. Prior to construction activities,
resource identification training procedures shall
be implemented for construction personnel,
conducted by an archaeologist who meets the
Secretary of the Interior’s Professional
Qualifications Standards. The qualified
professional archaeologist shall be retained by
the applicant and approved by the City and shall
meet U.S. Secretary of the Interior’s Professional
Qualifications and Standards. Training shall
include a written handout and focus on how to
identify cultural/Native American resources that
may be encountered during earth-moving
activities, including the procedures to be
followed in such an event. On-site
archaeological monitor duties and the general
steps a qualified professional archaeologist
would follow in conducting a salvage
investigation shall also be explained, in case
either or both becomes necessary.

During ground-disturbing project construction
activities, if subsurface cultural resources are
encountered, work within 50 feet shall be
stopped and a qualified archaeologist retained to
evaluate the finds following the procedures
described below. Project personnel shall not
collect cultural resources. Although work may
City; Greystar
project
applicant
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
continue beyond 50 feet, the archaeologist shall
be empowered to temporarily halt or redirect
construction activities to ensure avoidance of
adverse impacts to archaeological resources.

All cultural/archaeological resources unearthed
by project construction activities shall be
evaluated by the qualified professional
archaeologist. Should the newly discovered
artifacts be determined to be prehistoric, Native
American Tribes and/or Individuals shall be
contacted and consulted, and Native American
construction monitoring shall be initiated if
requested by the Tribes and/or Individuals. The
City shall coordinate with the archaeologist to
develop an appropriate treatment plan that
avoids or mitigates, to the maximum extent
possible, damage to any identified resources.

Preservation in place to maintain the relationship
between the artifact(s) and the archaeological
context is the preferred manner of mitigating
impacts on an archaeological site. Preservation
may be accomplished by:
 Planning construction to avoid the
archaeological or tribal cultural site;
 Incorporating the site within a park, green
space, or other open space element;
 Covering the site with a layer of chemically
stable soil; or
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
 Deeding the site into a permanent
conservation easement.

If in-place mitigation is determined by the City to
be infeasible, a data recovery plan, which makes
provisions for adequate recovery of culturally or
historically consequential information about the
site (including artifacts discovered on the site),
subject to review and approval by the City, shall
be prepared and adopted prior to any excavation
being undertaken. The study shall be submitted
to the CHRIS Northwest Information Center, and
if Native American artifacts are indicated, the
study shall also be submitted to the Native
American Heritage Commission (NAHC).

CHRIS and NAHC are recognized as experts in
their respective disciplines.

Identified cultural resources shall be recorded on
form DPR 422 (archaeological sites). Any
additional mitigation measures recommended by
these two groups (CHRIS and NAHC), as
reviewed and approved by the City, shall be
undertaken prior to and during construction
activities. Although the precise details of those
measures would be based on the nature and
extent of the resource(s) uncovered on the site,
the measures shall be consistent with the
avoidance and mitigation strategies described
above in this mitigation measure.
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
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Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
In addition, if the qualified archaeologist
determines that construction excavations have
exposed, or have a high probability of exposing,
cultural and/or archaeological artifacts,
construction monitoring for cultural and/or
archaeological resources shall be required. The
City shall retain a qualified archaeological
monitor, who meets the qualifications set forth by
the U.S. Secretary of the Interior’s Professional
Qualifications and Standards, who will work
under the guidance and direction of a
professional archaeologist. The archaeological
monitor shall be present during all construction
excavations (e.g., grading, trenching, or
clearing/grubbing) into non-fill sediments.

Multiple earth-moving construction activities may
require multiple archaeological monitors.

The frequency of monitoring shall be based on
the rate of excavation and grading activities,
proximity to known archaeological resources, the
materials being excavated (native versus
artificial fill soils), the depth of excavation, and if found, the abundance and type of archaeological
resources encountered. Full-time monitoring
can be reduced to part-time inspections if
determined adequate by the project
archaeologist.

If human remains are found, the rules set forth in
State Health and Safety Code section 7050.5
and CEQA Guidelines section 15126.4(b) apply
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
and shall be followed, in consultation with the
Native American Heritage Commission (as
appropriate).

Implementation of this measure would reduce
the impact to a less-than-significant level.

GEOLOGY AND SOILS
Impact 8-1: Effects of Strong Seismic
Ground Shaking—Plan Area

LS N/A N/A N/A
Impact 8-2: Effects of Strong Seismic
Ground Shaking—Greystar Project

LS N/A N/A N/A
Impact 8-3: Potential Soil Erosion and Loss
of Topsoil—Plan Area

LS N/A N/A N/A
Impact 8-4: Potential Soil Erosion and Loss
of Topsoil—Greystar Project

LS N/A N/A N/A
Impact 8-5: Potential Ground Instability
Impacts—Plan Area. The potential for ground
instability can depend on specific, highly
localized underlying soil conditions.

Determination of differential settlement,
liquefaction, lateral spreading, and subsidence
potential in the Plan Area would require sitespecific geotechnical studies for future individual development proposals. Possible
ground instability conditions, if not properly
S Mitigation 8-5. Subject to City review and
approval, complete and implement the
geotechnical mitigation recommendations
identified in the required individual project- and
site-specific geotechnical investigations and
engineering studies for site-specific proposals, in
coordination with City grading permit and
building permit performance standards. Such
recommendations could address design- and
construction-level details regarding the type of
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
engineered for, could result in associated
significant damage to project buildings, other
improvements, and adjacent property, with
direct or indirect risks to life or property,
representing a potentially significant impact.
building foundation, the extent of subsurface
excavation, the details of retaining structures,
any need for subsurface water extraction, and
other engineering issues and solutions.

Incorporation of this mitigation requirement
would reduce this impact to a less-thansignificant level.

Impact 8-6: Potential Ground Instability
Impacts—Greystar Project. The potential for
ground instability would depend on specific,
highly localized underlying soil conditions. As
discussed in section 8.1.4, the Rockridge
geotechnical report concluded that although no
major geotechnical or geological issues would
prevent development of the proposed project
on the site, the following issues would need to
be addressed:
 adequate foundation support for the
structures;
 weaker, more compressible zones of clay
above about 30 feet below ground surface
(bgs);
 moderately to highly expansive near-surface
soil and susceptibility to large volume
changes with moisture changes; and
S Mitigation 8-6. The City shall require the
applicant to provide a final geotechnical report,
prepared by a geotechnical engineer, for City
review and approval. The final geotechnical
report (as discussed in Impact 8-2 above) shall
include a supplemental field investigation that
includes: (1) new borings as necessary to
confirm subsurface conditions; (2) review of final
project plans and specifications with
recommendations based on professional
geotechnical engineering (such as final
foundation design recommendations and
potential need for piles); (3) any other
engineering studies to address design- and
construction-level details related to type of
building foundation, the extent of subsurface
excavation, details of retaining structures or
subsurface water extraction, and other
engineering issues and solutions as may be
determined necessary in consultation with the
City; and (4) observation of site preparation,
foundation installation, shoring installation, and
City; Greystar
project
applicant
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
 liquefaction-induced settlement potential at
one location in the southwestern part of the
site.

Possible ground instability conditions, if not
properly engineered for, could result in
associated significant damage to project
buildings, other improvements, and adjacent
property, with direct or indirect risks to life or
property, representing a potentially
significant impact.
the placement and compaction of fill during
construction by a professional geotechnical
engineer.

The mitigations and recommendations in the
final geotechnical report, subject to review and
approval by the City, shall be complied with and
would provide reasonable, professional
assurances that the project incorporates design
and engineering refinements to reduce the
degree of impacts to less-than-significant levels
by either avoiding identified soil and geologic
impact areas altogether (i.e., basic project
design changes) or by rectifying the impact
through conventional engineering and
construction procedures (e.g., suitable
foundation design and construction).

Incorporation of these measures into project final
plans prior to issuance of permits and City
inspection and verification procedures prior to
project operation is required and would reduce
this impact to a less-than-significant level.

Impact 8-7: Potential for Disturbance of
Paleontological Resources—Plan Area.

Development facilitated by the Freedom Circle
Focus Area Plan could disturb unrecorded
paleontological resources in the Plan Area.

This possibility represents a potentially
significant impact.

S Mitigation 8-7. For all public improvement and
private development projects in the Freedom
Circle Focus Area Plan Area, the following
measures shall be implemented:
(1) Education Program. Project applicants
shall implement a program that includes the
following elements:

City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
 Resource identification training procedures
for construction personnel, conducted by a
paleontologist who meets the Secretary of
the Interior’s Professional Qualifications
Standards;
 Spot-checks and monitoring by a qualified
paleontologist of all excavations deeper
than seven feet below ground surface; and
 Procedures for reporting discoveries and
their geologic context.
(2) Procedures for Resources Encountered. If
subsurface paleontological resources are
encountered, excavation shall halt within a buffer
area of at least 50 feet around the find, where
construction activities will not be allowed to
continue until the project paleontologist
evaluates the resource and its stratigraphic
context. Work shall be allowed to continue
outside the buffer area; however, the
paleontologist shall be empowered to
temporarily halt or redirect construction activities
to ensure avoidance of adverse impacts to
paleontological resources. During monitoring, if
potentially significant paleontological resources
are found, “standard” samples shall be collected
and processed by a qualified paleontologist to
recover micro vertebrate fossils. If significant
fossils are found and collected, they shall be
prepared to a reasonable point of identification.
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Excess sediment or matrix shall be removed
from the specimens to reduce the bulk and cost
of storage.

Itemized catalogs of material collected and
identified shall be provided to a local museum
repository with the specimens. Significant fossils
collected during this work, along with the
itemized inventory of these specimens, shall be
deposited in a local museum repository for
permanent curatorship and storage. A report
documenting the results of the monitoring and
salvage activities, and the significance of the
fossils, if any, shall be prepared. The report and
inventory, when submitted to the City, shall
signify the completion of the program to mitigate
impacts on paleontological resources.

Implementation of this measure would reduce
the impact to a less-than-significant level.

Impact 8-8: Potential for Disturbance of
Paleontological Resources—Greystar
Project. Similar to Impact 8-7, development of
the Greystar project could disturb unrecorded
paleontological resources in the Plan Area.

This possibility represents a potentially
significant impact.

S Mitigation 8-8. The Greystar project shall be
required, as a condition of project approval, to
implement the following measures:
(1) Education Program. The project applicant
shall implement a program that includes the
following elements:
 Resource identification training procedures
for construction personnel, conducted by a
paleontologist who meets the Secretary of
City; Greystar
project
applicant
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
the Interior’s Professional Qualifications
Standards;
 Spot-checks and monitoring by a qualified
paleontologist of all excavations deeper
than seven feet below ground surface; and
 Procedures for reporting discoveries and
their geologic context.
(2) Procedures for Resources Encountered. If
subsurface paleontological resources are
encountered, excavation shall halt within a buffer
area of at least 50 feet around the find, where
construction activities will not be allowed to
continue until the project paleontologist
evaluates the resource and its stratigraphic
context. Work shall be allowed to continue
outside the buffer area; however, the
paleontologist shall be empowered to
temporarily halt or redirect construction activities
to ensure avoidance of adverse impacts to
paleontological resources. During monitoring, if
potentially significant paleontological resources
are found, “standard” samples shall be collected
and processed by a qualified paleontologist to
recover micro vertebrate fossils. If significant
fossils are found and collected, they shall be
prepared to a reasonable point of identification.

Excess sediment or matrix shall be removed
from the specimens to reduce the bulk and cost
of storage.
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Itemized catalogs of material collected and
identified shall be provided to a local museum
repository with the specimens. Significant fossils
collected during this work, along with the
itemized inventory of these specimens, shall be
deposited in a local museum repository for
permanent curatorship and storage. A report
documenting the results of the monitoring and
salvage activities, and the significance of the
fossils, if any, shall be prepared. The report and
inventory, when submitted to the City, shall
signify the completion of the program to mitigate
impacts on paleontological resources.

Implementation of this measure would reduce
the impact to a less-than-significant level.

GREENHOUSE GAS EMISSIONS AND
ENERGY
Impact 9-1: GHG Emissions and Plan
Consistency – Freedom Circle Focus Area
Plan. Implementation of the Freedom Circle
Focus Area Plan could generate GHG
emissions that have a significant effect on the
environment and/or conflict with a plan, policy,
or regulation adopted for the purposes of
reducing GHG emissions. This represents a
potentially significant impact.

S Mitigation Measure 9-1A: See Mitigation
Measure 5-3D.

Mitigation Measure 9-1B: Utilize GHG-Free
Electricity. The City shall require new
development projects occurring under
implementation of the Freedom Circle Focus
Area Plan to source 100% of their electricity from
GHG-free sources. GHG-free electricity may
come from on-site renewable electricity
generation (e.g., photovoltaic systems),
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
enrollment in a GHG-free electricity program
(e.g., Silicon Valley Power’s Santa Clara Green
Power program), or any combination of
measures that ensure electricity consumed by
projects subject to discretionary approval come
entirely from GHG-free sources, as determined
by the City.

This impact would be less than significant with
mitigation incorporated.

Impact 9-2: GHG Emissions and Plan
Consistency – Greystar General Plan
Amendment

LS N/A N/A N/A
Impact 9-3. Wasteful, Inefficient, or
Unnecessary Consumption of Energy
Resources – Freedom Circle Focus Area
Plan

LS N/A N/A N/A
Impact 9-4. Wasteful, Inefficient, or
Unnecessary Consumption of Energy
Resources – Greystar General Plan
Amendment

LS N/A N/A N/A
Impact 9-5. Conflict with or Obstruct a
State or Local Plan for Renewable Energy
or Energy Efficiency – Freedom Circle
Focus Area Plan

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Impact 9-6. Conflict with or Obstruct a
State or Local Plan for Renewable Energy
or Energy Efficiency – Greystar General
Plan Amendment

LS N/A N/A N/A

HAZARDS AND HAZARDOUS MATERIALS
Impact 10-1: Project-Related Potential
Impacts Due to Hazardous Materials
Transport, Use, Storage, and Disposal—
Plan Area

LS N/A N/A N/A
Impact 10-2: Project-Related Potential
Impacts Due to Hazardous Materials
Transport, Use, Storage, and Disposal—
Greystar Project

LS N/A N/A N/A
Impact 10-3: Potential Exposure to Existing
Hazardous Materials Contamination—Plan
Area

LS N/A N/A N/A
Impact 10-4: Potential Exposure to Existing
Hazardous Materials Contamination—
Greystar Project

LS N/A N/A N/A
Impact 10-5: Project-Related Potential
Asbestos and PCB Exposure—Plan Area

LS N/A N/A N/A
Impact 10-6: Project-Related Potential
Asbestos and PCB Exposure—Greystar
Project

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Impact 10-7: Project-Related Potential
Lead-Based Paint Exposure—Plan Area

LS N/A N/A N/A
Impact 10-8: Project-Related Potential
Lead-Based Paint Exposure—Greystar
Project

LS N/A N/A N/A
Impact 10-9: Potential for Hazardous
Materials Near Schools—Plan Area

LS N/A N/A N/A
Impact 10-10: Potential for Hazardous
Materials Near Schools—Greystar Project

LS N/A N/A N/A
Impact 10-11: Protocols for Government
Code Section 65962.5 Sites—Plan Area

LS N/A N/A N/A
Impact 10-12: Protocols for Government
Code Section 65962.5 Sites—Greystar
Project

LS N/A N/A N/A
Impact 10-13: Consistency With San Jose
Airport Comprehensive Land Use Plan—
Plan Area

LS N/A N/A N/A
Impact 10-14: Consistency With San Jose
Airport Comprehensive Land Use Plan—
Greystar Project

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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HYDROLOGY AND WATER QUALITY
Impact 11-1: Construction Period and Post-
Construction Water Quality Impacts—Plan
Area

LS N/A N/A N/A
Impact 11-2: Construction Period and Post-
Construction Water Quality Impacts—
Greystar Project

LS N/A N/A N/A
Impact 11-3: Long-Term Water Quality
Impacts from Project Operation—Plan Area

LS N/A N/A N/A
Impact 11-4: Long-Term Water Quality
Impacts from Project Operation—Greystar
Project

LS N/A N/A N/A
Impact 11-5: Effects on Groundwater
Recharge and Groundwater Management—
Plan Area

LS N/A N/A N/A
Impact 11-6: Effects on Groundwater
Recharge and Groundwater Management—
Greystar Project

LS N/A N/A N/A
Impact 11-7: Drainage Patterns and Risk of
Flooding—Plan Area

LS N/A N/A N/A
Impact 11-8: Drainage Patterns and Risk of
Flooding—Greystar Project

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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LAND USE AND PLANNING
Impact 12-1: Project Effects on the Physical
Arrangement of the Community—Plan Area

LS N/A N/A N/A
Impact 12-2: Project Effects on the Physical
Arrangement of the Community—Greystar
Project

LS N/A N/A N/A
Impact 12-3: Project Consistency with Land
Use Plans, Policies, and Regulations
Adopted for the Purpose of Avoiding or
Mitigating Environmental Effects—Plan
Area

LS N/A N/A N/A
Impact 12-4: Project Consistency with Land
Use Plans, Policies, and Regulations
Adopted for the Purpose of Avoiding or
Mitigating Environmental Effects—Greystar
Project

LS N/A N/A N/A
NOISE
Impact 13-1: Temporary Construction
Noise Levels – Freedom Circle Focus Area
Plan. The implementation of the Freedom
Circle Focus Area Plan could result in
construction and development activities in the
Plan Area that generate noise levels above
City standards and/or otherwise result in a
S Mitigation 13-1: Reduce Potential Freedom
Circle Focus Area Plan Construction Noise
Levels. To reduce potential noise levels from
Focus Area Plan related construction activities,
the City shall ensure future development projects
within the Plan Area:

City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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substantial, temporary increase in ambient
noise levels in the vicinity of the Plan Area.

This represents a potentially significant
impact.
1) Notify Residential and Commercial Land
Uses of Planned Construction Activities. This
notice shall be provided at least one week prior
to the start of any construction activities,
describe the noise control measures to be
implemented by the Project, and include the
name and phone number of the designated
contact for the Applicant/project representative
and the City of Santa Clara responsible for
handling construction-related noise complaints
(per Section 8). This notice shall be provided to:

A) The owner/occupants of residential dwelling
units within 500 feet of construction work areas;
and B) The owner/occupants of commercial
buildings (including institutional buildings) within
200 feet of construction work areas or within 400
feet of construction work areas if pile driving
equipment will be used.
2) Notify San Tomas Aquino Creek Trail
Users of Construction Activities. Prior to the start
of construction activities within 500 feet of the
San Tomas Aquino Creek Trail, signs shall be
posted along the trail warning of potential
temporary elevated noise levels during
construction. Signs shall be posted within 250
feet of impacted trail segments (i.e., portions of
the trail within 500 feet of a work area) and shall
remain posted throughout the duration of all
substantial noise generating construction
activities (typically demolition, grading, and initial
foundation installation activities).
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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3) Restrict Work Hours. All constructionrelated work activities, including material deliveries, shall be subject to the requirements of
City Municipal Code Section 9.10.230.

Construction activities, including deliveries, shall
occur only during the hours of 7:00 AM to 6:00
PM, Monday through Friday, and 9 AM to 6 PM
on Saturday, unless otherwise authorized by City
permit. The applicant/project representative
and/or its contractor shall post a sign at all
entrances to the construction site informing
contractors, subcontractors, construction
workers, etc. of this requirement.
4) Control Construction Traffic and Site
Access. Construction traffic, including soil and
debris hauling, shall follow City-designated truck
routes and shall avoid routes (including local
roads in the Plan Area) that contain residential
dwelling units to the maximum extent feasible
given specific project location and access needs.
5) Construction Equipment Selection, Use,
and Noise Control Measures. The following
measures shall apply to construction equipment
used in the Plan Area: A) To the extent feasible,
contractors shall use the smallest size
equipment capable of safely completing work
activities; B) Construction staging shall occur as
far away from residential and commercial land
uses as possible; C) All stationary noise-
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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generating equipment such as pumps,
compressors, and welding machines shall be
shielded and located as far from sensitive
receptor locations as practical. Shielding may
consist of existing vacant structures or a threeor four-sided enclosure provide the structure/ barrier breaks the line of sight between the
equipment and the receptor and provides for
proper ventilation and equipment operations; D)
Heavy equipment engines shall be equipped
with standard noise suppression devices such as
mufflers, engine covers, and engine/mechanical
isolators, mounts, etc. These devices shall be
maintained in accordance with manufacturer’s
recommendations during active construction
activities; E) Pneumatic tools shall include a
noise suppression device on the compressed air
exhaust; F) The applicant/project representative
and/or their contractor shall connect to existing
electrical service at the site to avoid the use of
stationary power generators (if feasible); G) No
radios or other amplified sound devices shall be
audible beyond the property line of the
construction site.
6) Implement Construction Activity Noise
Control Measures: The following measures shall
apply to construction activities in the Plan Area:

A) Demolition: Activities shall be sequenced to
take advantage of existing shielding/noise
reduction provided by existing buildings or parts
of buildings and methods that minimize noise
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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and vibration, such as sawing concrete blocks,
prohibiting on-site hydraulic breakers, crushing,
or other pulverization activities, shall be
employed to the maximum extent feasible; B)
Demolition Site Preparation, Grading, and
Foundation Work: During all demolition, site
preparation, grading, and structure foundation
work activities within 500 feet of a residential
dwelling unit or 400 feet of a commercial building
(including institutional buildings), a physical
noise barrier capable of achieving the
construction noise level standards set forth in
Section 7 below shall, if required pursuant to
Section 7, be installed and maintained around
the site perimeter to the maximum extent
feasible given site constraints and access
requirements. Potential barrier options capable
of reducing construction noise levels could
include, but are not limited to: i) A concrete,
wood, or other barrier installed at-grade (or
mounted to structures located at-grade, such as
a K-Rail), and consisting of a solid material (i.e.,
free of openings or gaps other than weep holes)
of sufficient height (determined pursuant to
Section 7) that has a minimum rated
transmission loss value of 20 dB; ii)
Commercially available acoustic panels or other
products such as acoustic barrier blankets that
have a minimum sound transmission class
(STC) or transmission loss value of 20 dB; iii)
any combination of noise barriers and
commercial products capable of achieving
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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required construction noise reductions during
demolition, site preparation, grading, and
structure foundation work activities; iv) The noise
barrier may be removed following the completion
of building foundation work (i.e., it is not
necessary once framing and typical vertical
building construction begins provided no other
grading, foundation, etc. work is still occurring
on-site); and C) Pile Driving: If pile driving
activities are required within 500 feet of a
residential dwelling unit or 400 feet of a
commercial building, the piles shall be pre-drilled
with an auger to minimize pile driving equipment
run times.
7) Prepare Project-Specific Construction
Noise Evaluation. Prior to the start of any
specific construction project lasting 12 months or
more, the City shall review and approve a
project-specific construction noise evaluation
prepared by a qualified acoustical consultant
that: A) Identifies the planned project
construction sequence and equipment usage; B)
Identifies typical hourly average construction
noise levels for project construction equipment;
C) Compares hourly average construction noise
levels to ambient noise levels at residential and
commercial land uses near work areas (ambient
noise levels may be newly measured or
presumed to be consistent with those levels
shown in Table 13-2 and 13-3 of the Freedom
Circle Focus Area Plan/Greystar General Plan
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Amendment Draft Environmental Impact Report
(EIR); and D) Identifies construction noise
control measures incorporated into the project
that ensure: i) activities do not generate noise
levels that are above 60 dBA Leq at a residential
dwelling unit and exceed the ambient noise
environment by at least 5 dBA Leq for more than
one year; and ii) activities do not generate noise
levels that are above 70 dBA Leq at a
commercial property (including institutional land
uses) and exceed the ambient noise
environment by at least 5 dBA Leq for more than
one year. Such measures may include but are
not limited to: a) The requirements of Sections 4,
5, 6, and 8; b) Additional project and/or
equipment-specific enclosures, barriers,
shrouds, or other noise suppression methods.

The use of noise control blankets on building
facades shall be considered only if noise
complaints are not resolvable with other means
or methods.
8) Prepare a Construction Noise Complaint
Plan. The Construction Noise Complaint Plan
shall: A) Identify the name and/or title and
contact information (including phone number
and email) for a designated project and City
representative responsible for addressing
construction-related noise issues; B) Includes
procedures describing how the designated
project representative will receive, respond, and
resolve construction noise complaints; C) At a
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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minimum, upon receipt of a noise complaint, the
project representative shall notify the City
contact, identify the noise source generating the
complaint, determine the cause of the complaint,
and take steps to resolve the complaint; D) The
elements of the Construction Noise Complaint
Plan may be included in the project-specific
noise evaluation prepared to satisfy Section 7 or
as a separate document.
9) Owner/Occupant Disclosure: The City shall
require future occupants/tenants in the Plan
Area receive disclosure that properties in the
Plan Area may be subject to elevated
construction noise levels from development in
the Plan Area. This disclosure shall be provided
as part of the mortgage, lease, sub-lease, and/or
other contractual real-estate transaction
associated with the subject property.

With implementation of these measures, this
impact would be less than significant.

Impact 13-2: Temporary Construction
Noise Levels – Greystar General Plan
Amendment. The Greystar project could
result in construction and development
activities in the Plan Area that generate noise
levels above City standards and/or otherwise
S Mitigation 13-2: Reduce Greystar Project
Construction Noise Levels. To reduce
potential noise levels from Greystar Project
construction activities, the City shall ensure the
Applicant:

City; Greystar
project
applicant
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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With
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result in a substantial, temporary increase in
ambient noise levels in the vicinity of the Plan
Area. This represents a potentially
significant impact.
1) Notify Residential and Commercial Land
Uses of Planned Construction Activities. See
Freedom Circle Focus Area Plan/Greystar
General Plan Amendment Draft Environmental
Impact Report (EIR) Mitigation Measure 13-1,
Section 1.
2) Notify San Tomas Aquino Creek Trail
Users of Construction Activities. See Freedom
Circle Focus Area Plan/Greystar General Plan
Amendment Draft EIR Mitigation Measure 13-1,
Section 2.
3) Restrict Work Hours. See Freedom Circle
Focus Area Plan/Greystar General Plan
Amendment Draft EIR Mitigation Measure 13-1,
Section 3.
4) Control Construction Traffic and Site
Access. See Freedom Circle Focus Area
Plan/Greystar General Plan Amendment Draft
EIR Mitigation Measure 13-1, Section 4.
5) Construction Equipment Selection, Use,
and Noise Control Measures. See Freedom
Circle Focus Area Plan/Greystar General Plan
Amendment Draft EIR Mitigation Measure 13-1,
Section 5.
6) Implement Construction Activity Noise
Control Measures: See Freedom Circle Focus
Area Plan/Greystar General Plan Amendment
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Draft EIR Mitigation Measure 13-1, Section. The
project will not require pile driving and, therefore,
pile driving control measures identified in
Mitigation Measure 13-1, Section 6 C) are not
applicable. See below for noise barrier mitigation
requirements per Mitigation Measure 13-1,
Section 6 B).
7) Prepare Project-Specific Construction
Noise Evaluation. Not applicable. The
construction noise analysis presented in the
Freedom Circle Focus Area Plan/Greystar
General Plan Amendment Draft Environmental
Impact Report constitutes the Project-specific
construction noise evaluation per Mitigation
Measure 13-1, Section 7.
8) Prepare a Construction Noise Complaint
Plan. See Freedom Circle Focus Area
Plan/Greystar General Plan Amendment Draft
EIR Mitigation Measure 13-1, Section 8.
9) Owner/Occupant Disclosure: See Freedom
Circle Focus Area Plan/Greystar General Plan
Amendment Draft EIR Mitigation Measure 13-1,
Section 9.

Per Mitigation Measure 13-1, Section 6 B), the
following noise barriers shall be installed and
maintained around the perimeter of active work
areas: A) For all demolition, site preparation,
grading, and foundation work within 100 feet of
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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the commercial property (Pedro’s Restaurant
and Cantina) that borders the site’s southwest
perimeter: i) a 6-foot-tall barrier shall be installed
starting at Freedom Circle and extending south
along the property boundary to the site’s
southern property line (approximately 640 linear
feet). B) For all demolition, site preparation,
grading, and foundation work within 150 feet of
commercial properties across Freedom Circle: i)
a 6-foot-tall barrier shall be provided along the
length of the property line that fronts Freedom
Circle, excepting construction access points as
needed (approximately 1,130 linear feet). C)
Noise barriers shall consist of ½” plywood or any
other material weighing 4 pounds per square
foot or more or having a minimum documented
transmission loss value of 20 dBA. The barriers
may be erected on temporary retaining walls or
temporary K-rails or other solid structures (which
shall be considered as part of the total height of
the barrier). Boards shall be staggered one over
two, or joints otherwise fastened and sealed, to
prevent sound transmission through joints. There
shall be no openings or gaps in the barrier. The
barrier shall be regularly inspected (e.g., weekly)
and maintained during construction activities
(e.g., warped or cracked boards shall be
replaced upon discovery). D) The noise barrier
may be removed following the completion of
building foundation work within the distances
specific above (i.e., it is not necessary once
framing and typical vertical building construction
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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begins provided no other grading, foundation,
etc. work is still occurring on-site).

With implementation of these measures, this
impact would be less than significant.

Impact 13-3: Temporary Construction
Vibration Levels – Freedom Circle Focus
Area Plan. The implementation of the
Freedom Circle Focus Area Plan could result in
construction and development activities in the
Plan Area that generate vibration levels above
City standards and/or otherwise result
excessive ground-borne vibration levels. This
represents a potentially significant impact.

S Mitigation 13-3: Reduce Potential Freedom
Circle Focus Area Plan Construction
Vibration Levels. To reduce potential vibrationrelated structural damage and other excessive vibration levels from Focus Area Plan related
construction activities, the City shall ensure
future development projects within the Plan
Area:
1) Notify Residential and Commercial Land
Uses of Planned Construction Activities. See
Freedom Circle Focus Area Plan/Greystar
General Plan Amendment Draft Environmental
Impact Report (EIR) Mitigation Measure 13-1,
Section 1.
2) Restrict Work Hours. See Freedom Circle
Focus Area Plan/Greystar General Plan
Amendment Draft EIR Mitigation Measure 13-1,
Section 2.
3) Prohibit Vibratory Equipment. The use of
large vibratory rollers, vibratory/impact hammers,
and other potential large vibration-generating
equipment (e.g., hydraulic breakers/hoe rams)
shall be prohibited within 100 feet of any
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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residential building façade and 50 feet of any
commercial building façade during construction
activities. Plate compactors and compactor
rollers are acceptable, and deep foundation
piers or caissons shall be auger drilled.
4) Prepare Project-Specific Construction
Vibration Evaluation Plan. If it is not feasible to
prohibit vibratory equipment per Section 3) due
to site- or project-specific conditions or design
considerations, the City shall review and
approve a project-specific construction vibration
evaluation that: A) Identifies the project’s
planned vibration-generating construction
activities (e.g., demolition, pile driving, vibratory
compaction); B) Identifies the potential projectspecific vibration levels (given project-specific equipment and soil conditions, if known) at
specific building locations that may be impacted
by the vibration-generating work activities
(generally buildings within 50 feet of the work
area); C) Identifies the vibration control
measures incorporated into the project that
ensure equipment and work activities would not
damage buildings or result in vibrations that
exceed Caltrans’ strongly perceptible vibration
detection threshold for peak particle velocity
(PPV) of 0.1 inches/second (in/sec). Such
measures may include, but are not limited to: i)
the requirements of Sections 1, 2, and 3; ii) the
use of vibration monitoring to measure actual
vibration levels; iii) the use of photo monitoring
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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or other records to document building conditions
prior to, during, and after construction activities;
and iv) the use of other measures such as
trenches or wave barriers; D) Identifies the name
(or title) and contact information (including phone
number and email) of the Contractor and Cityrepresentatives responsible for addressing construction vibration-related issues; and E)
Includes procedures describing how the
construction contractor will receive, respond, and
resolve to construction vibration complaints. At a
minimum, upon receipt of a vibration complaint,
the Contractor and/or City representative
described in the first condition D) above shall
identify the vibration source generating the
complaint, determine the cause of the complaint,
and take steps to resolve the complaint by
reducing ground-borne vibration levels to peak
particle velocity levels that do not exceed
accepted guidance or thresholds for structural
damage that are best applicable to potentially
impacted buildings (e.g., see Freedom Circle
Focus Area Plan/Greystar General Plan
Amendment Draft EIR Table 13-6) and Caltrans’
strongly perceptible vibration detection threshold
(PPV of 0.1 in/sec, see Freedom Circle Focus
Area Plan/Greystar General Plan Amendment
Draft EIR Table 13-7).

With implementation of these measures, this
impact would be less than significant.
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Impact 13-4: Temporary Construction
Vibration Levels – Greystar General Plan
Amendment. The Greystar project could
result in construction and development
activities in the Plan Area that generate
vibration levels above City standards and/or
otherwise result excessive ground-borne
vibration levels. This represents a potentially
significant impact.

S Mitigation 13-4: Reduce Greystar Project
Construction Vibration Levels. To reduce
potential vibration-related structural damage and
other excessive vibration levels from Greystar
project construction activities, the City shall
require the Applicant:
1) Notify Residential and Commercial Land
Uses of Planned Construction Activities. See
Freedom Circle Focus Area Plan/Greystar
General Plan Amendment Draft Environmental
Impact Report (EIR) Mitigation Measure 13-1,
Section 1.
2) Restrict Work Hours. See Freedom Circle
Focus Area Plan/Greystar General Plan
Amendment Draft EIR Mitigation Measure 13-1,
Section 2.
3) Prohibit Vibratory Equipment. See
Freedom Circle Focus Area Plan/Greystar
General Plan Amendment Draft EIR Mitigation
Measure 13-3, Section 3.
4) Prepare Project-Specific Construction
Vibration Evaluation Plan. See Freedom Circle
Focus Area Plan/Greystar General Plan
Amendment Draft EIR Mitigation Measure 13-1,
Section 3. Mitigation Measure 13-3, Section 4 A)
– C) are not applicable because the construction
vibration analysis presented in the Freedom
Circle Focus Area Plan/Greystar General Plan
City; Greystar
project
applicant
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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Amendment Draft EIR constitutes the Projectspecific construction vibration evaluation per Mitigation Measure 13-3, Section 4.

With implementation of these measures, this
impact would be less than significant.

Impact 13-5: On-site Noise Levels from
Focus Area Plan Development. The
implementation of the Freedom Circle Focus
Area Plan could result in new residential, office,
and other land uses that generate noise from
on-site equipment, activities, or other
operations in excess of applicable City
standards. This represents a potentially
significant impact.

S Mitigation 13-5: Control Fixed and Other Onsite Noise-Generating Sources and Activities in the Freedom Circle Area Plan. To ensure
on-site, operations-related equipment and
activities associated with the Focus Area Plan do
not generate noise levels that exceed City
standards or otherwise result in a substantial
permanent increase in ambient noise levels,
future development projects shall submit a
project-specific operational noise analysis to the
City for review and approval prior to the issuance
of the first building permit for the project, or as
otherwise determined by the City. The noise
analysis shall be prepared by a qualified
acoustical consultant and shall identify all major
fixed machinery and equipment, non-residential
truck docks/dedicated loading zones, waste
collection areas, and above ground parking
garages included in the final project design/site
plan. The noise analysis shall also document
how project noise sources and activities will
comply with the exterior sound limits established
in Municipal Code Section 9.10.040, Schedule A
and the noise compatibility guidelines in General
Plan Table 8.14-1. Fixed machinery and
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
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equipment may include, but is not limited to,
pumps, fans (including air intake or exhaust fans
in parking garages), compressors, air
conditioners, generators, and refrigeration
equipment. The control of noise from such
equipment may be accomplished by selecting
quiet equipment types, siting machinery and
equipment inside buildings, within an enclosure
(e.g., equipment cabinet or mechanical closets,
or behind a parapet wall or other barrier/
shielding. Truck docks/dedicated loading zones
consist of a loading dock or other dedicated area
for the regular loading and unloading of retail,
commercial, or other non-residential goods from
delivery trucks. The control of noise from such
truck docks/loading areas, waste collection
areas, and parking garages may be
accomplished by placing such areas away from
sensitive land uses, restricting activities or
operating hours for certain areas, or other design
means.

With implementation of these measures, this
impact would be less than significant.

Impact 13-6: On-site Noise Levels from
Greystar Project. The implementation of the
Greystar project could result in new residential,
park, and retail land uses that could generate
noise from on-site equipment, activities, or
S Mitigation 13-6: Control Greystar Project
Parking Garage Ventilation System Noise
Levels. To ensure potential parking garage
ventilation systems do not generate noise levels
that exceed City standards or otherwise result in
City; Greystar
project
applicant
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIRCity of Santa Clara 2. Summary November 2, 2021 Page 2-63
Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
other operations in excess of applicable City
standards. This represents a potentially
significant impact.
a substantial permanent increase in ambient
noise levels, the City shall require the Applicant
to prepare an acoustical study that identifies the
final type, location, and sound power level of all
parking garage ventilation systems. The study
shall also document how project noise sources
and activities will comply with the exterior sound
limits established in Municipal Code Section

9.10.040, Schedule A. The control of noise from
ventilation systems may be accomplished by
selecting quiet equipment types, siting
machinery and equipment inside buildings,
within an enclosure (e.g., equipment cabinet or
mechanical closets), the installation of louvres or
baffles, or other design means.

With implementation of these measures, this
impact would be less than significant.

Impact 13-7: Increases in Traffic Noise
Levels – Freedom Circle Focus Area Plan.

The implementation of the Freedom Circle
Focus Area Plan could generate vehicle trips
that substantially increase existing and future
No Project traffic noise levels and/or exceed
City noise and land use compatibility
standards. This represents a potentially
significant impact.

S Mitigation 13-7. No feasible mitigation is
available.

City;
Individual
project
owners
SU
Impact 13-8: Increases in Traffic Noise
Levels – Greystar Project

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIRCity of Santa Clara 2. Summary November 2, 2021 Page 2-64
Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Impact 13-9: Operational Vibrations –
Freedom Circle Focus Area Plan

LS N/A N/A N/A
Impact 13-10: Operational Vibrations –
Greystar Project

LS N/A N/A N/A
Impact 13-11: Exposure to Airport-Related
Noise – Freedom Circle Focus Area Plan
and Greystar Project

LS N/A N/A N/A

POPULATION AND HOUSING
Impact 14-1: Effects on Population
Growth—Plan Area

LS N/A N/A N/A
Impact 14-2: Effects on Population
Growth—Greystar Project

LS N/A N/A N/A
Impact 14-3: Population and Housing
Displacement Effects—Plan Area

LS N/A N/A N/A
Impact 14-4: Population and Housing
Displacement Effects—Greystar Project

LS N/A N/A N/A
Impact 14-5: Temporary Employment
Impacts—Plan Area

LS N/A N/A N/A
Impact 14-6: Temporary Employment
Impacts—Greystar Project

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIRCity of Santa Clara 2. Summary November 2, 2021 Page 2-65
Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation

PUBLIC SERVICES
Impact 15-1: Increase in Fire
Protection/Emergency Medical Service
(EMS) Demands—Plan Area

LS N/A N/A N/A
Impact 15-2: Impacts on Fire
Protection/Emergency Medical Service
(EMS) Demands-- Greystar Project

LS N/A N/A N/A
Impact 15-3: Increase in Police Service
Demands—Plan Area

LS N/A N/A N/A
Impact 15-4: Impacts on Police Service
Demands--Greystar Project

LS N/A N/A N/A
Impact 15-5: Impacts on Public Schools—
Plan Area

LS N/A N/A N/A
Impact 15-6: Impacts on Public Schools--
Greystar Project

LS N/A N/A N/A
Impact 15-7: Impacts on Parks and
Recreational Facilities—Plan Area

LS N/A N/A N/A
Impact 15-8: Impacts on Parks and
Recreational Facilities--Greystar Project

LS N/A N/A N/A
Impact 15-9: Impacts on Other Public
Facilities—Plan Area

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIRCity of Santa Clara 2. Summary November 2, 2021 Page 2-66
Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Impact 15-10: Impacts on Other Public
Facilities—Greystar Project

LS N/A N/A N/A
Impact 15-11: Construction Period
Impacts—Plan Area

LS N/A N/A N/A
Impact 15-12: Construction Period
Impacts—Greystar Project

LS N/A N/A N/A

RECREATION
Impact 16-1: Impacts on Parks and
Recreational Facilities—Plan Area

LS N/A N/A N/A
Impact 16-2: Impacts on Parks and
Recreational Facilities—Greystar Project

LS N/A N/A N/A
Impact 16-3: Construction Period
Impacts—Plan Area

LS N/A N/A N/A
Impact 16-4: Construction Period
Impacts—Greystar Project

LS N/A N/A N/A

TRANSPORTATION
Impact 17-1: Conflict With Adopted
Policies, Plans, or Programs Regarding
Roadways—Plan Area

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIRCity of Santa Clara 2. Summary November 2, 2021 Page 2-67
Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Impact 17-2: Conflict With Adopted
Policies, Plans, or Programs Regarding
Roadways—Greystar Project

LS N/A N/A N/A
Impact 17-3: Impacts on Transit Related to
Conflicts with Adopted Policies, Plans, or
Programs—Plan Area

LS N/A N/A N/A
Impact 17-4: Impacts on Bicycle Facilities—
Plan Area

LS N/A N/A N/A
Impact 17-5: Impacts on Pedestrian
Facilities—Plan Area

LS N/A N/A N/A
Impact 17-6: Impacts on Transit Related to
Conflicts with Adopted Policies, Plans, or
Programs—Greystar Project

LS N/A N/A N/A
Impact 17-7: Impacts on Bicycle Facilities—
Greystar Project

LS N/A N/A N/A
Impact 17-8: Impacts on Pedestrian
Facilities—Greystar Project

LS N/A N/A N/A
Impact 17-9: Impacts Related to Vehicle
Miles Traveled—Plan Area

LS N/A N/A N/A
Impact 17-10: Impacts Related to Vehicle
Miles Traveled—Greystar Project

LS N/A N/A N/A
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIRCity of Santa Clara 2. Summary November 2, 2021 Page 2-68
Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Impact 17-11: Hazards Due to Design
Features or Incompatible Uses—Plan Area

LS N/A N/A N/A
Impact 17-12: Hazards Due to Design
Features or Incompatible Uses—Greystar
Project

LS N/A N/A N/A
Impact 17-13: Emergency Access—Plan
Area

LS N/A N/A N/A
Impact 17-14: Emergency Access—
Greystar Project

LS N/A N/A N/A

UTILITIES AND SERVICE SYSTEMS
Impact 18-1: Focus Area Plan
Inconsistency with General Plan and UWMP
Growth Projections. The WSA prepared for
the proposed Focus Area Plan includes
development in the Plan Area that has not
been identified in the General Plan (i.e.,
exceeds the General Plan land use projections
for 2035, the General Plan horizon year), and
therefore, because the 2015 Urban Water
Management Plan (UWMP) was based on
General Plan buildout projections, this WSA is
inconsistent with General Plan and UWMP
buildout projections. Until the Focus Area Plan
development exceeding General Plan growth
projections is included in the General Plan and
the UWMP (i.e., the 2020 UWMP), the Focus
S Mitigation 18-1. The WSA prepared for the
proposed Focus Area Plan includes
development in the Plan Area that has not been
identified in the General Plan (i.e., exceeds the
General Plan land use projections for 2035, the
General Plan horizon year), and therefore,
because the 2015 Urban Water Management
Plan (UWMP) was based on General Plan
buildout projections, this WSA is inconsistent
with General Plan and UWMP buildout
projections. Until the Focus Area Plan
development exceeding General Plan growth
projections is included in the General Plan and
the UWMP (i.e., the 2020 UWMP), the Focus
Area Plan is inconsistent with the General
Plan/Urban Water Management Plan, and this
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIRCity of Santa Clara 2. Summary November 2, 2021 Page 2-69
Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Area Plan is inconsistent with the General
Plan/Urban Water Management Plan, and this
inconsistency would represent a potentially
significant project and cumulative impact.
inconsistency would represent a potentially
significant project and cumulative impact.

Impact 18-2: Greystar Project
Inconsistency with General Plan and UWMP
Growth Projections

LS N/A N/A N/A
Impact 18-3: Project and Cumulative Need
for Water, Wastewater, and Storm Drainage
System Infrastructure—Plan Area

LS N/A N/A N/A
Impact 18-4: Project and Cumulative Need
for Water, Wastewater, and Storm Drainage
System Infrastructure—Greystar Project

LS N/A N/A N/A
Impact 18-5: Cumulative Wastewater Pump
Station Capacity Impacts—Plan Area. As
noted in the Woodard & Curran technical
memo conducted for the Focus Area Plan (and
discussed above), future wastewater generated
by anticipated development in the Focus Area
Plan Area is projected to exceed the current
combined wastewater capacity of the Northside
and Rabello pump stations (46.1 mgd) by 0.2
mgd (for a total of 46.3 mgd), which represents
a cumulative wastewater impact. Therefore,
the proposed Freedom Circle Focus Area Plan
contribution to cumulative pump station
capacity at the Northside and Rabello pump
S Mitigation 18-5. The City shall require
individual projects implemented under the
Freedom Circle Focus Area Plan (and the future,
required comprehensive planning study – e.g.,
specific plan) to make a fair-share contribution to
the wastewater pump station improvements
necessary to accommodate cumulative
development in Santa Clara. The fair-share
contributions for future projects developed under
the Focus Area Plan and required
comprehensive planning study shall be
determined based on a detailed wastewater
pump station engineering study prepared by the
City and each project’s percent of wastewater
City;
Individual
project
applicants
LS
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIRCity of Santa Clara 2. Summary November 2, 2021 Page 2-70
Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
stations would be a significant cumulative
impact.
contribution to cumulative flow capacity needs
above the current pump capacity. This
mitigation would provide funding for wastewater
pump station upgrades, which would reduce the
Plan’s contribution to the cumulative impact to a
less-than-significant level. The City would be
required to plan and construct the
improvements. Because the timing of these
improvements cannot be guaranteed or
estimated at this time (spring 2021), the
combined wastewater capacity of the two pump
stations could be exceeded by development
proposals already under consideration.

Therefore, the City shall continually monitor
pump station capacity in order to coordinate the
pump station improvements with development
proposals. Until pump station capacity
improvements adequate to accommodate the
incremental increases in wastewater flows are
completed, the City shall delay individual project
building permits. In addition, as a standard
condition of approval, each individual project
would need to provide sanitary sewer
information to the City, and no project would be
approved by the City until the City determines
that sufficient sewer capacity exists.

Implementation of this mitigation measure would
reduce Plan cumulative wastewater pump
capacity impacts to a less-than-significant
level.
_______________________
S = Significant
LS = Less than significant
SU = Significant unavoidable impact See Table 1.1 for definitions.

NA = Not applicable
2 - Summary (19034)_PRD
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Impacts
Significance
Without
Mitigation Mitigation Measures
Mitigation
Responsibility
Significance
With
Mitigation
Impact 18-6: Cumulative Wastewater Pump
Station Capacity Impacts—Greystar Project

LS N/A N/A N/A
Impact 18-7: Wastewater Treatment
Capacity Impacts—Plan Area

LS N/A N/A N/A
Impact 18-8: Wastewater Treatment
Capacity Impacts—Greystar Project

LS N/A N/A N/A
Impact 18-9: Impacts on Solid Waste
Disposal and Recycling Service—Plan Area

LS N/A N/A N/A
Impact 18-10: Impacts on Solid Waste
Disposal and Recycling Service—Greystar
Project

LS N/A N/A N/A
Impact 18-11: Electricity, Natural Gas, and
Telecommunications Infrastructure—Plan
Area

LS N/A N/A N/A
Impact 18-12: Electricity, Natural Gas, and
Telecommunications Infrastructure—
Greystar Project

LS N/A N/A N/A
Resolution/ Greystar GPA / Freedom Circle EIR reso Page 1 of 7 Rev: 11/22/17
RESOLUTION NO. __________

A RESOLUTION TO APPROVE AND CERTIFY A FINAL

ENVIRONMENTAL IMPACT REPORT, MAKE FINDINGS WITH

RESPECT THERETO, AND ADOPT A STATEMENT OF

OVERRIDING CONSIDERATIONS AND A MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE

FREEDOM CIRCLE FUTURE FOCUS AREA AND GREYSTAR

GENERAL PLAN AMENDMENT
SCH # 2020060425
PLN2017-12516 (EIR, Greystar General Plan Amendment, and Greystar Zoning Amendment) PLN22-00054 (Freedom Circle Focus Area)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara (the “City”) is contemplating the adoption of the Freedom Circle Future Focus Area and Greystar General Plan Amendment and related rezoning (collectively, the “Project”), which together would allow for up to 3,600 dwelling units and up to 2 million additional square feet of office space beyond what would be allowed the current General Plan designation, subject to a future planning study; and WHEREAS, the Freedom Circle Future Focus Area sets out a vision for a vibrant urban neighborhood for the area bounded by Great America Parkway to the west, the southern boundary of the Great America theme park to the north, San Tomas Aquino Creek to the east, and Highway 101 to the south; and
WHEREAS, the Greystar General Plan Amendment and associated development proposal will create up to 1,100 units of housing and an associated 2.0-acre park (the “Greystar Project”); and
WHEREAS, Santa Clara City Charter Section 1007 and Government Code Section 65353 require that the Planning Commission provide input to the City Council on any proposed General Plan Amendment;
WHEREAS, the Project approvals will include a resolution certifying the EIR; a resolution approving the General Plan Amendment creating the Freedom Circle Future Focus Area and making related text changes to the General Plan; a resolution approving the Greystar GPA to Resolution/ Greystar GPA / Freedom Circle EIR reso Page 2 of 7 Rev: 11/22/17
change the land use designation from High Intensity Office / R&D to Very High Density Residential; and a resolution rezoning the Greystar Site from Commercial Park (CP) to Planned Development (PD) (collectively, the “Approvals”);
WHEREAS, implementation of the Project also requires separate applications for the Greystar Tentative and/or Vesting Tentative Subdivision Maps and architectural review that are not part of this application, but which were analyzed as part of the environmental analysis; and WHEREAS, once the Freedom Circle Future Focus Area has been created, future development (beyond the Greystar project) would first require the preparation of a comprehensive plan such as a Specific Plan, consistent with General Plan prerequisite 5.1.1-P8, which would be subject to separate environmental review; and
WHEREAS, on June 26, 2020, the City distributed a Notice of Preparation of a Draft Environmental Impact Report (“DEIR”) for the Freedom Circle Future Focus Area and Greystar General Plan Amendment; and
WHEREAS, on June 26, 2020, the City posted the Notice of Preparation at the Santa Clara County Clerk’s office, soliciting guidance on the scope and content of the environmental information to be included in the DEIR; and
WHEREAS, on July 1, 2020, the City hosted a public scoping meeting to obtain community input on the scope and content of the DEIR;
WHEREAS, the DEIR was prepared in accordance with CEQA and the City circulated copies of the DEIR and Notice of Availability to the public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons, organizations and agencies, and the City sought the comments of such persons, organizations and agencies on November 5, 2021 for a 45-day review period, ending on December 20, 2021 (the “Comment Period”); WHEREAS, the City prepared written responses to the comments received during the Comment Period and included those responses in a Final Environmental Impact Report (“FEIR”). The FEIR consists of a list of agencies and organizations to whom the DEIR was sent, a list of the Resolution/ Greystar GPA / Freedom Circle EIR reso Page 3 of 7 Rev: 11/22/17
comment letters received on the DEIR, revisions to the text of the DEIR, responses to comments received on the DEIR, and copies of comment letters. The FEIR was distributed to commenting parties and to the public on March 30, 2022; WHEREAS, the DEIR and FEIR constitute the EIR for the Project; WHEREAS, the EIR identified certain significant and potentially significant adverse effects on the environment that would be caused by the Project as proposed; WHEREAS, the EIR outlined various mitigation measures that would substantially lessen or avoid the Project’s significant effects on the environment, as well as alternatives to the Project as proposed that would provide some environmental advantages; WHEREAS, the City is required, pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.), to adopt all feasible mitigation measures or feasible project alternatives that can substantially lessen or avoid any significant environmental effects of the Project;
WHEREAS, the EIR analyzed a “No Project” alternative for the Freedom Circle Future Focus area that considers full build-out under the existing land use designation (No Project/Light Industrial Development) both with and without the Greystar project, along with a Mainly Commercial Office Development alternative, a Mainly Residential Development Alternative and a Development Alternative with Reduced Focus Area Plan and with the Greystar project; and WHEREAS, for the Greystar project, the EIR also analyzed a “No Project” alternative that maintains development potential for the Greystar site and the Freedom Circle Future Focus Area as currently allowed in the Santa Clara General Plan, along with a Same Greystar Residential Buildout But With Larger Park alternative, and a Reduced Greystar Residential Development Alternative but With Larger Park; and
WHEREAS, significant and unavoidable air quality, historic resources, and traffic noise impacts would remain with the proposed project;
Resolution/ Greystar GPA / Freedom Circle EIR reso Page 4 of 7 Rev: 11/22/17
WHEREAS, Public Resources Code § 21081, subdivision (a) requires a lead agency, before approving a project for which an EIR has been prepared and certified, to adopt findings specifying whether mitigation measures and, in some instances, alternatives discussed in the EIR, have been adopted or rejected as infeasible;
WHEREAS, the “CEQA Findings” attached to this Resolution is a set of Findings of Fact and a Statement of Overriding Considerations prepared in order to satisfy the requirements of Public Resources Code § 21081, subdivision (a);
WHEREAS, as the CEQA Findings explain, the City Council intends to adopt the associated General Plan Amendments including for both the creation of the Freedom Circle Future Focus Area and for the Greystar General Plan Amendment, along with the approval of the Greystar rezoning;
WHEREAS, the City Council has determined that none of the alternatives addressed in the EIR, would be both feasible and environmentally superior to the Project as proposed. Neither the No Project alternatives, nor the Reduced Development alternative, nor the Mainly Residential nor the Mainly Commercial alternatives, nor the Larger Park alternatives would sufficiently satisfy the Project Objectives. The details supporting these determinations are set forth in the CEQA Findings;
WHEREAS, in taking this course, the City Council has acted consistent with the CEQA mandate to look to project mitigations and/or alternatives as a means of substantially lessening or avoiding the environmental effects of projects as proposed; WHEREAS, many of the significant and potentially significant environmental effects associated with the Project can either be substantially lessened or avoided through the inclusion of mitigation measures proposed in the EIR;
WHEREAS, the City Council, in reviewing the Project, intends to adopt all mitigation measures set forth in the EIR;
Resolution/ Greystar GPA / Freedom Circle EIR reso Page 5 of 7 Rev: 11/22/17
WHEREAS, the significant effects that cannot be avoided or substantially lessened by the adoption of feasible mitigation measures will necessarily remain significant and unavoidable; WHEREAS, as detailed in the CEQA Findings, the City Council has determined that, despite the occurrence of significant unavoidable environmental effects associated with the Project, as mitigated and adopted, there exist certain overriding economic, social and other considerations for approving the Project which justify the occurrence of those impacts and render them acceptable;
WHEREAS, notice of the public hearing on the proposed project was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on May 11, 2022; WHEREAS, notices of the public hearing on the proposed project were mailed to all property owners within 1,000 feet of the Project Site, according to the most recent assessor’s roll, on March 30, 2022; and
WHEREAS, the Planning Commission reviewed the EIR and Mitigation Monitoring and Reporting Program, attached as the “MMRP”, as well as a set of CEQA Findings and a Statement of Overriding Considerations, in accordance with the requirements of CEQA, along with the City Staff report pertaining to the EIR for the Project (SCH #2020060425), and all evidence received at a duly noticed public hearing on April 13, 2022. Following the Public Hearing, the Planning Commission made a recommendation to the City Council to adopt and certify the Freedom Circle Focus Area / Greystar General Plan Amendment EIR.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council hereby finds that the EIR has been completed in compliance with CEQA.

Resolution/ Greystar GPA / Freedom Circle EIR reso Page 6 of 7 Rev: 11/22/17

3. That the City Council hereby finds the EIR has been presented to the City Council, which reviewed and considered the information and analysis contained therein before making its determination, and that the EIR reflects the Council’s independent judgment and analysis.

4. That the City Council hereby finds, pursuant to Public Resources Code Section 21081 and California Code of Regulations, Title 14, Section 15091, that many of the proposed mitigation measures described in the EIR are feasible, and therefore will become binding upon the City and affected landowners and their assigns or successors in interest as conditions of approval when the Project is approved.

5. That the City Council hereby finds that none of the Project Alternatives set forth in the EIR can feasibly substantially lessen or avoid those significant adverse environmental effects not otherwise lessened or avoided by the adoption of all feasible mitigation measures.

6. That, in order to comply with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program as set forth in the attached “MMRP”.

The MMRP is designed to ensure that, during project implementation, the City, affected landowners, their assigns and successors in interest and any other responsible parties comply with the feasible mitigation measures identified. The MMRP identifies, for each mitigation measure, the action to be taken and the party responsible for implementation.

7. That the City Council hereby finds that the EIR set forth program and cumulative environmental impacts that are significant and unavoidable that cannot be mitigated or avoided through the adoption of feasible mitigation measures or feasible alternatives. As to these impacts, the City Council finds that there exist certain overriding economic, social and other considerations for approving the Project that justify the occurrence of those impacts, as detailed in the “CEQA Findings” exhibit attached hereto.

8. Based on the findings set forth in this Resolution, the evidence in the City Staff Report, and the attached CEQA Findings, the City Council approves and certifies the EIR, makes findings concerning mitigation measures, adopts the MMRP, makes findings concerning Resolution/ Greystar GPA / Freedom Circle EIR reso Page 7 of 7 Rev: 11/22/17
alternatives and make findings that there exist certain overriding economic, social and other considerations for approving the Project that justify the occurrence of those associated impacts and adopt the CEQA Findings and Statement of Overriding Considerations, all in accordance with CEQA for the Project.

9. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 24th DAY OF MAY, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Mitigation Monitoring and Reporting Program (MMRP)

2. CEQA findings and Statement of Overriding Considerations C:\Users\JDavidson\Desktop\New folder\FC-Greystar General Plan Amendment EIR Reso.doc Resolution/Freedom Circle Focus Area Plan Page 1 of 6
Rev: 11/22/17
RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT #98 TO CREATE

AND APPLY THE FREEDOM CIRCLE FUTURE FOCUS AREA,

WHICH IS BOUNDED BY GREAT AMERICA PARKWAY TO THE
WEST, THE SOUTHERN PROPERTY LINE OF CALIFORNIA’S

GREAT AMERICA TO THE NORTH, SAN TOMAS AQUINO CREEK
TO THE EAST AND HIGHWAY 101 TO THE SOUTH; AND TO

REVISE THE PROCESS FOR DEVELOPMENT OF FUTURE

FOCUS AREAS
SCH # 2020060425
PLN2017-12516 (EIR)
PLN22-00054 (Freedom Circle Focus Area)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on May 3, 2017, the Greystar Corporation applied for a General Plan Amendment and rezoning to develop a vacant 13.3 acre site north of Highway 101 and west of the San Tomas Aquino Creek in the City of Santa Clara (the “Greystar Site”); and WHEREAS, Greystar is proposing to amend the General Plan for the Greystar Site from HighIntensity Office/R&D (maximum Floor Area Ratio of 2.0) to Very High Density Residential (51-100 Dwelling Unit/Acre) (the “Greystar GPA”); and
WHEREAS, Greystar has also applied for a Planned Development rezoning to develop up to 1,100 dwelling units, along with a 2.0 acre park and up to 2,000 square feet of amenity space (together with the Greystar GPA, the “Greystar Project”); and
WHEREAS, the Greystar Site adjoins an existing industrial office area; and WHEREAS, City staff was directed by the City Council to plan for future development in the area surrounding the Greystar Site, bounded by Great America Parkway to the West, the southern property line of California’s Great America to the North, San Tomas Aquino Creek to the East and Highway 101 to the South (the “Project Site”); and
WHEREAS, the City is proposing to add a Freedom Circle Future Focus area to the General Plan to help direct potential development in the area, subject to a Specific Plan (together with the Greystar Resolution/Freedom Circle Focus Area Plan Page 2 of 6
Rev: 11/22/17
Project, the “Project”); and
WHEREAS, the intent of the Freedom Circle Future Focus area is create a dynamic, mixed-use district that includes residential developments and community amenities as well as a diverse range of employment uses, which will complement other North Santa Clara neighborhoods and provide a complete network of pedestrian, bicycle and roadway connections to destinations including employment centers, transit stops and trails; and
WHEREAS, Santa Clara City Charter Section 1007 and Government Code Section 65353 require that the Planning Commission provide input to the City Council on any proposed General Plan Amendment; and
WHEREAS, on April 13, 2022, the Planning Commission conducted a duly noticed public hearing to consider the GPA, at the conclusion of which, the Commission voted to recommend approval of the GPA to the City Council, with the additional recommendation to upgrade all Class II bike lanes in the Plan Area to Class IV separated bikeways;
WHEREAS, notice of the public hearing on the proposed General Plan Amendment was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on May 11, 2022; and WHEREAS, notices of the public hearing on the General Plan Amendment were mailed to all property owners within 1,000 feet of the Project Site, according to the most recent assessor’s roll, and to all local agencies expect to provide essential facilities or services to the project, on March 30, 2022;
WHEREAS, before considering making a recommendation for the General Plan Amendment for the Freedom Circle area, the City Council reviewed and considered the potential environmental impacts of the Project, identified mitigation measures, and recommended that the Council adopt and certify the Environmental Impact Report (“EIR”) for the Project (SCH # 2020060425), as well as a set of CEQA Findings and a Statement of Overriding Considerations, in accordance with the requirements of CEQA;
WHEREAS, the City Council has reviewed the General Plan Amendment; and Resolution/Freedom Circle Focus Area Plan Page 3 of 6
Rev: 11/22/17
WHEREAS, on May 24, 2022, the City conducted a duly noticed public hearing to consider the GPA, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed General Plan Amendment.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. General Plan Amendment Findings. That the City Council finds and determines that the General Plan Amendment is in the interest of the public good for the following reasons:

A. The proposed General Plan Amendment is deemed to be in the public interest, in that:

The proposed General Plan Amendment is a prerequisite to the adoption of the Project, which is located in an urbanized area served by existing municipal services and implements smart growth principles by developing underutilized properties with a high density residential, transitoriented development that will contribute to the City both socially and economically.

B. The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected, in that:

The Project furthers and is consistent with the goals, policies and major strategies of the General Plan that enhance the City’s quality of life, preserve and cultivate neighborhoods, promote sustainability, enhance City identity, support Focus Areas and community vitality, maintain the City’s fiscal health and quality of services, and maximize health and safety benefits with the creation a new residential development close to jobs, amenities and services and the City’s primary north-south bike corridor.

C. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA), in that:

Resolution/Freedom Circle Focus Area Plan Page 4 of 6
Rev: 11/22/17
A Draft Environmental Impact Report (“DEIR”) was prepared in accordance with CEQA and the City circulated copies of the DEIR and Notice of Availability to the public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons, organizations and agencies, and the City sought the comments of such persons, organizations and agencies. The City prepared and circulated written responses to the comments received during the Comment Period and included those responses in a Final Environmental Impact Report (“FEIR”), in accordance with CEQA.

D. The potential impacts of the proposed General Plan Amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that:

A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for implementation with Project development to reduce potentially significant impacts identified in the EIR to less than significant and a set of CEQA Findings and a Statement of Overriding Considerations have been prepared for the significant unavoidable impacts that cannot be mitigated to less than significant; and the Planning Commission has recommended that the City Council adopt these documents.

3. That pursuant to Government Code § 65356,the City Council hereby amends the General Plan by:

A. Adding the Freedom Circle Future Focus Area Plan, attached hereto and incorporated herein by this reference, to Subchapter 5.4, Focus Areas, of Chapter 5, Goals and Policies by creating a new Section 5.4.8, Freedom Circle Future Focus Area Goals and Policies.

The Focus Area Plan diagram reflects the Planning Commission’s recommendation to make all proposed Class II on-street bike lanes in the plan area into Class IV separated bikeways.

B. Adding a new land use designation, Very High Intensity Office/Research and Development (R&D), to Section 5.2.2, Land Use Classifications, of the General Plan with the following text:

Resolution/Freedom Circle Focus Area Plan Page 5 of 6
Rev: 11/22/17
“Very High-Intensity Office/Research and Development (R&D). This classification is intended for landmark high‐rise developments for corporate headquarters, R&D and supporting uses, with landscaped areas for employee activities. Permitted uses include offices and prototype R&D uses. Data centers under this designation are limited to those that serve the use on‐site. Medical facilities, except pharmacies, are not allowed. In addition, manufacturing uses are limited to less than ten percent of the building area. Accessory, or secondary, small‐scale supporting retail uses that serve local employees and visitors are also permitted. Parking is typically structured or below‐grade. The maximum FAR is 3.00, excluding any FAR devoted to supporting retail uses.”
C. Adding additional language to Section 5.4.7, Future Focus Areas Goals and Policies, of Subchapter 5.4, Focus Areas, of Chapter 5, Goals and Policies, immediately after the three bullet points (“Central Expressway / De La Cruz / Great America Parkway”):
“In addition to the three Future Focus Areas identified in the General Plan as adopted on November 16, 2010, additional Future Focus Areas may be added to the General Plan Land Use diagram through the General Plan Amendment process. Subject to the discretion provided pursuant to Policy 5.4.7-P11, the creation of an Additional Future Focus Area is a precursor to the comprehensive planning process required for all Focus Areas.” D. Adding a new Policy 5.4.7-P11 to Section 5.4.7, Future Focus Areas Goals and Policies, to Subchapter 5.4, Focus Areas, of Chapter 5, Goals and Policies, to read as follows:
“5.4.7-P11: Allow for General Plan Amendments and rezonings outside of existing Future Focus Areas in combination with the designation of new Additional Future Focus Areas.”
E. Changing the General Plan Land Use diagram for the Freedom Circle Area by modifying Figure 5.2-3 of the General Plan to reflect the land use designations shown on the Freedom Circle Land Use and Urban Design Framework diagram, as set forth on the final page of the Freedom Circle Future Focus Area Plan.

Resolution/Freedom Circle Focus Area Plan Page 6 of 6
Rev: 11/22/17

4. That based on the findings set forth in this Resolution, the EIR Resolution and the evidence in the City Staff Report and such other evidence as received at the public hearing on this matter, the City Council hereby approves the General Plan Amendment.

5. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 24th DAY OF MAY, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Freedom Circle Focus Area Plan
C:\Users\JDavidson\Desktop\New folder\General Plan Text and Map Amendment Reso for the FC Focus Area.doc Resolution/Greystar Project General Plan Amendment Page 1 of 5 Rev: 11/22/17
RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT #89 TO CHANGE

THE GENERAL PLAN LAND USE DESIGNATION FROM HIGH

INTENSITY OFFICE/R&D (MAXIMUM FLOOR AREA RATIO OF

2.0) TO VERY HIGH DENSITY RESIDENTIAL (51-100 DWELLING
UNITS/ACRE), FOR THE 13.3 ACRE GREYSTAR SITE, WHICH IS

BOUNDED BY FREEDOM CIRCLE TO THE WEST, MISSION

COLLEGE BOULEVARD TO THE NORTH, SAN TOMAS AQUINO
CREEK TO THE EAST AND HIGHWAY 101 TO THE SOUTH
SCH # 2020060425
PLN2017-12516 (EIR, Greystar General Plan Amendment, and Greystar Zoning Amendment) BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on May 3, 2017, the Greystar Corporation applied for a General Plan Amendment and rezoning to develop a vacant 13.3 acre site North of Highway 101, West of the San Tomas Aquino Creek, East of Freedom Circle and South of Mission College Boulevard in the City of Santa Clara (the “Greystar Site”); and
WHEREAS, Greystar is proposing to amend the General Plan for the subject site from High Intensity Office/R&D (maximum Floor Area Ratio of 2.0) to Very High Density Residential (51-100 Dwelling Unit/Acre) (the “Greystar GPA”); and
WHEREAS, Greystar has also applied for a Planned Development rezoning to develop up to 1,100 dwelling units, along with a 2.0 acre park and up to 2,000 square feet of amenity space (together with the Greystar GPA, the “Project”); and
WHEREAS, the Greystar Site adjoins an existing industrial office area; and WHEREAS, City staff was directed by the City Council to plan for future development in the area surrounding the Greystar Site, bounded by Great America Parkway to the West, the southern property line of California’s Great America to the North, San Tomas Aquino Creek to the East and Highway 101 to the South (the “Future Focus Area Site”); and WHEREAS, the City is proposing to add a Freedom Circle Future Focus Area to the General Plan to Resolution/Greystar Project General Plan Amendment Page 2 of 5 Rev: 11/22/17
help direct potential development in the area, subject to a Specific Plan; and WHEREAS, Santa Clara City Charter Section 1007 and Government Code Section 65353 require that the Planning Commission provide input to the City Council on any proposed General Plan Amendment;
WHEREAS, on April 13, 2022, the Planning Commission conducted a duly noticed public hearing to consider the GPA, at the conclusion of which, the Planning Commission recommended approval of the subject General Plan Amendment to the City Council; and WHEREAS, notice of the public hearing on the proposed General Plan Amendment was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on May 11, 2022; and WHEREAS, notices of the public hearing on the General Plan Amendment were mailed to all property owners within 1,000 feet of the Future Focus Area Site, according to the most recent assessor’s roll, and to all local agencies expect to provide essential facilities or services to the project, on March 30, 2022;
WHEREAS, before making a decision on the General Plan Amendment for the Project Site, the City Council reviewed and considered the potential environmental impacts of the Project, identified mitigation measures, and adopted and certified the Environmental Impact Report (“EIR”) for the Project (SCH # 2020060425), as well as a set of CEQA Findings and a Statement of Overriding Considerations, in accordance with the requirements of CEQA; WHEREAS, the City Council has reviewed the General Plan Amendment; and WHEREAS, on May 24, 2022, the City Council conducted a duly noticed public hearing to consider the GPA, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed General Plan Amendment.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

Resolution/Greystar Project General Plan Amendment Page 3 of 5 Rev: 11/22/17

2. General Plan Amendment Findings. That the City Council finds and determines that the General Plan Amendment is in the interest of the public good for the following reasons:

A. The proposed General Plan Amendment is deemed to be in the public interest, in that:

The proposed General Plan Amendment is a prerequisite to the adoption of the Project, which is located in an urbanized area served by existing municipal services and implements smart growth principles by developing underutilized properties with a high density residential, transitoriented development that will contribute to the City both socially and economically.

B. The proposed General Plan Amendment is consistent and compatible with the rest of the General Plan and any implementation programs that may be affected, in that:

The Project furthers and is consistent with the goals, policies and major strategies of the General Plan that enhance the City’s quality of life, preserve and cultivate neighborhoods, promote sustainability, enhance City identity, support Focus Areas and community vitality, maintain the City’s fiscal health and quality of services, and maximize health and safety benefits with the creation a new residential development close to jobs, amenities and services and the City’s primary north-south bike corridor.

C. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA), in that:

A Draft Environmental Impact Report (“DEIR”) was prepared in accordance with CEQA and the City circulated copies of the DEIR and Notice of Availability to the public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons, organizations and agencies, and the City sought the comments of such persons, organizations and agencies. The City prepared and circulated written responses to the comments received during the Comment Period and included those responses in a Final Environmental Impact Report (“FEIR”), in accordance with CEQA.

Resolution/Greystar Project General Plan Amendment Page 4 of 5 Rev: 11/22/17
D. The potential impacts of the proposed General Plan Amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that:

A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for implementation with Project development to reduce potentially significant impacts identified in the EIR to less than significant and a set of CEQA Findings and a Statement of Overriding Considerations have been prepared for the significant unavoidable impacts that cannot be mitigated to less than significant; and the Planning Commission has recommended that the City Council adopt these documents.

3. That based on the findings set forth in this Resolution, the EIR Resolution and the evidence in the City Staff Report and such other evidence as received at the public hearing on this matter, the City Council approves the General Plan Amendment to amend the General Plan for the Greystar Site from High Intensity Office/R&D (maximum Floor Area Ratio of 2.0) to Very High Density Residential (51-100 Dwelling Unit/Acre).
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4. That the City Council pursuant to Government Code § 65356, hereby amends the General Plan by changing the General Plan Land Use Designation for the Project Site from High Intensity Office/R&D to High Density Residential (51-100 DU/AC) by modifying Figures 5.2-2 and 5.2-3 of the General Plan.

5. Effective date. This resolution shall become effective immediately.

Resolution/Greystar Project General Plan Amendment Page 5 of 5 Rev: 11/22/17

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
Resolution/*Greystar Planned Development Rezoning Page 1 of 4 Rev: 11/22/17
RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO APPROVING A REZONING AND VESTING TENTATIVE

PARCEL MAP FROM COMMERCIAL PARK (CP) TO PLANNED

DEVELOPMENT (PD) TO ALLOW A RESIDENTIAL
DEVELOPMENT CONSISTING OF UP TO 1,100 RESIDENTIAL
UNITS, A 2.0 ACRE PUBLIC PARK AND UP TO 2,000 SQUARE
FEET OF AMENITY SPACE, LOCATED AT 3905 FREEDOM

CIRCLE, SANTA CLARA
PLN2017-12516 (General Plan Amendment, Rezoning and EIR) BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on May 13, 2017, the Greystar Corporation (“Applicant”) filed a development application for a 13.3 acre site consisting of two parcels (APNs 104-40-021 and -036) at 3905 Freedom Circle, which is currently vacant (“Project Site”); and
WHEREAS, the Applicant has applied to change the General Plan Land Use Designation of the Project Site from High-Intensity Office/R&D (Maximum FAR of 2.0) to Very High-Density Residential (51-100 DU/AC); and
WHEREAS, the Applicant has applied to rezone the Project Site from Commercial Park (CP) to Planned Development (PD) to allow a residential development of up to 1,100 dwelling units, a 2.0 acre public park, and up to 2,000 square feet of amenity space (“the Project”) as shown on the Development Plans, attached hereto and incorporated herein by this reference; and WHEREAS, the Project application includes a Vesting Tentative Parcel Map to divide the subject property into four lots; and
WHEREAS, the project will comply with the C.3 provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program in place at the time of the approval of the Vesting Tentative Parcel Map; and
WHEREAS, in conformance with CEQA, an EIR was prepared for the project, which was noticed and was circulated for a 45-day public review period from December 5, 2021 to December 20, 2021; WHEREAS, the EIR prepared for the project identified potentially significant impacts from the Resolution/*Greystar Planned Development Rezoning Page 2 of 4 Rev: 11/22/17
development of the Project, that with implementation of the mitigation measures identified in the Mitigation Monitoring or Reporting Program (“MMRP”) will reduce potential impacts to a less than significant level and will be incorporated into the Project; WHEREAS, the EIR prepared for the project also identified potentially significant impacts from the development of the Project that could not be mitigated to a less-than significant level, and for which the City Council has adopted a Statement of Overriding Considerations; WHEREAS, Santa Clara City Code (SCCC) Section 18.112.040 provides for the review and recommendation of the City’s Planning Commission of all rezoning requests before action is to be taken by the City Council;
WHEREAS, on April 13, 2022, the Planning Commission held a duly noticed public hearing to consider the proposed rezoning of the Project Site from Commercial Park (PD) to Planned Development (PD), at the conclusion of which, the Planning Commission unanimously recommended approval of the proposed rezoning to the City Council (6-0-1, Commissioner Cherukuru absent);
WHEREAS, notices of the public hearing on the proposed project were mailed to all property owners within 1,000 feet of the Project Site, according to the most recent assessor’s roll, on March 30, 2022;
WHEREAS, notice of the public hearing on the proposed project was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on May 11, 2022; and WHEREAS, on May 24, 2022, the City Council held a duly noticed public hearing to consider the proposed rezoning of the Project Site from Commercial Park (PD) to Planned Development (PD), at which time all interested persons were given an opportunity to present evidence and provide testimony, both in favor of and in opposition to the proposed rezoning and vesting tentative parcel map.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

Resolution/*Greystar Planned Development Rezoning Page 3 of 4 Rev: 11/22/17

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. Pursuant to SCCC Code Section 18.112.010, the City Council determines that the following findings exist in support of the rezoning:

A. The existing zoning is inappropriate or inequitable, in that the existing Zoning Code does not allow for residential development and creation of housing opportunities at the project site reflective of the residential densities proposed by the applicant.

B. The proposed zone change will conserve property values, protect or improve the existing character and stability of the area in question, and will promote the orderly and beneficial development of such area, in that the proposal develops two vacant parcels and will potentially act as a catalyst for additional residential development in the neighboring Freedom Circle Future Focus Area.

C. The proposed zone change is required by public necessity, public convenience, or the general welfare of the City, in that the proposed zone change provides additional residential development opportunities close to jobs in the northern part of Santa Clara.

D. The proposed zone change would allow imaginative planning and design concepts to be utilized that would otherwise be restricted in other zoning districts in that the proposed zone change would allow flexibility in the development standards to construct residential development that is in the upper range of developments approved within the City of Santa Clara.

3. That based on the findings set forth in this resolution and the evidence in the City Staff Report, EIR, Findings of Fact and Statement of Overriding Considerations and MMRP, the City rezones the Project Site from Commercial Park (CP) to Planned Development (PD) to allow a residential development consisting of up to 1,100 dwelling units, a 2.0 acre public park, and up to 2,000 square feet of amenity space, as shown on the attached Development Plans, incorporated herein by this reference.

4. Effective date. This resolution shall become effective immediately.

Resolution/*Greystar Planned Development Rezoning Page 4 of 4 Rev: 11/22/17

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 24
TH DAY OF MAY, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Greystar rezoning proposal

2. 8-3-2021 Subdivision Committee Minutes
C:\Users\JDavidson\Desktop\Freedom Crcle rezonng reso.doc C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8010C232\@[email protected]

ENGINEERING

DEPARTMENT SC MINUTES
PCC Meeting Date: 8/3/2021
Reviewer: Viet Nguyen
Agenda Item #: A
File: PLN2017-12516
Address: 3905 Freedom Circle
Project Description: Architectural Review and General Plan Amendment and Rezoning of the 13.3 acre site to construct a residential project that consists of up to 1,100 residential units with 1,540 parking spaces, up to 2,000 square foot of commercial with 10 parking spaces and a 2-acre public park.

DEPARTMENT COMMENTS:

E1. No comments.

CONDITIONS OF APPROVAL:

E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.

E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be included within a Single Encroachment Permit issued by the City Public Works Department.

Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E3. Submit public improvement plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of parcel map and/or issuance of building permits.

E4. All work within the Santa Clara Valley Water District right-of-way shall require a Santa Clara Valley Water District encroachment permit.

E5. In accordance with the City Storm Drain Master Plan, a Storm Drain Pump station site easement is required to be dedicated at the southeast corner of the project site where Freeway 101 and San Tomas Aquino Creek intersect by means of a Subdivision Map or approved instrument at time of development.

E6. Record Irrevocable Offer of Dedication for future storm drain pump station at south eastern corner of the property, south of the existing storm drain easement, and pay applicable processing fee.

E7. Ingress/egress easement for access to future storm drain pump station and existing storm drain easement from the City of Santa Clara public right-of-way to overlap the Emergency Vehicle Access Esment path shall be dedicated by means of a Subdivision Map or approved instrument at time of development.

E8. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@8010C232\@[email protected]

E9. The project shall provide sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.

E10. Emergency vehicle access easement language shall be required to include language for the property owner to provide alternative emergency vehicle access when maintenance or replacement activities are being performed on the storm drain main within the existing storm drain main easement.

E11. Dedicate, as required, on-site easements for new public utilities, emergency vehicle, public access, and/or sidewalk by means of a Subdivision Map or approved instrument at time of development.

E12. After City Council approval of the Tentative Map, submit 10 copies of the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Public Works Department. The submittal shall include a title report, closure calculations, and all appropriate fees.

E13. Dedicate bicycle and pedestrian access easement for trail path from the public right-ofway to San Tomas Aquino Creek Trail.

E14. Execute easement encroachment agreement for all private improvements and public easements. Pay all appropriate processing fees.

E15. Provide minimum 5’ wide sidewalk plus minimum 4.5’ wide landscape strip along the Freedom Circle project frontage
E16. Reconstruct curb ramps at Mission College Boulevard and Freedom Circle intersection to be ADA compliant.

E17. Unused driveways in the public right-of-way shall be replaced with City standard curb, gutter, and sidewalk per City Standard Detail ST-12.

E18. All driveways shall be City standard ST-8.

E19. Reconstruct driveway at San Tomas Aquino Creek Trailhead to current City standard ST9.

E20. Reconstruct driveway for Freedom Circle Storm Station to current City standard ST-8.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-548 Agenda Date: 5/24/2022

REPORT TO COUNCIL

SUBJECT
Action on a Resolution Declaring the Loyalton Ranch Property Surplus

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara owns and maintains approximately 10,270 rural acres of undeveloped land in Lassen and Sierra Counties near the California-Nevada border. The property is located in northeastern California, about 30 miles north of Truckee, CA, 110 miles northeast of Sacramento, CA, and about 20 miles northwest of Reno, NV. The land is referred to locally as the Trosi Ranch, and within the City as the Loyalton Ranch Property. The City purchased the property with electric utility funds in 1977 for $1,613,850 or $157/acre. The City’s Electrical Department, doing business as Silicon Valley Power (SVP), is responsible for the maintenance of the property.

On December 14, 2021, the City Council discussed a potential sale of the Loyalton Ranch Property and directed staff to develop a strategy for the sale of the Loyalton Ranch Property and present it to the City Council at a future meeting. On March 8, 2022, the City Council voted to Note and File the Strategy and Next Steps for the sale of the Loyalton Property, as follows:

1. Complete an updated Appraisal for the property.

2. Schedule tours of the property for Councilmembers who are interested to visit the site.

3. Schedule for Council consideration declaration of the property as Surplus Land.

DISCUSSION
Updated Appraisal
Valbridge Property Advisers completed an appraisal for the property (Attachment 1). The property was appraised at $4,370,000. As discussed on the March 8, 2022 Council Report, staff also explored hiring additional “local” appraisers to perform a separate appraisal for comparison purposes. Six firms were contacted but none were able to provide the service, mostly due to capacity constraints.

City Council Loyalton Site Visits
On April 26, 2022, Councilmembers Becker, Hardy and Park joined with City staff and visited the two of the three main properties accessible by a four-wheel drive vehicle. The field visit included the site of the former Trosi Ranch complex buildings south of CA Route 70 that were consumed by the 2020 Loyalton Fire and the property easterly of the City of Loyalton on CA Route 49 northerly of the Sierra County Solid Waste landfill. Property showed regrowth of native high desert grasses, spring wildflowers and continued cattle grazing on pastures with mule deer and other wildlife.

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22-548 Agenda Date: 5/24/2022
Declaration of Property as Surplus Land
When the City desires to dispose of land not necessary for agency use, it must first declare the land surplus at a regular public meeting and make written findings supporting the declaration that the land is “surplus land.” Generally, the Surplus Land Act (SLA) identifies three types of land: (1) land necessary for “agency use,” (2) land no longer necessary for agency use but exempt from most of the SLA (“exempt surplus land”), and (3) land no longer necessary for agency use that is not exempt (“surplus land”). “Agency use” is defined as land that is being used or that has a planned use “pursuant to a written plan adopted by the local agency’s governing board.” Agency use does not include commercial or industrial uses, including retail, entertainment, office, or any property disposed of for the sole purpose of investment or revenue generation. (Gov. Code § 54221(c).) The attached resolution (Attachment 2) declares the property as Surplus Land. Per the Resolution the Council finds that the City owns the Property in fee simple, the City does not currently use the Property, and the City has no written or adopted plan for future use of the Property. Further, the Council finds that the Property has not been suitable for its intended electric utility purposes, and in 2020 the Loyalton Fire burned approximately 90% of the Property. So, the Property is no longer necessary for the City’s use or operations and thus should be declared surplus.

If the City Council adopts the proposed Resolution declaring the Loyalton Ranch as Surplus Land, staff will proceed with issuing a Notice of Availability (NOA) (Attachment 3) to certain parties designated in the SLA in the form provided in Appendix A to the HCD Guidelines. (Gov. Code §54222; HCD Guidelines, 201.)
Upcoming Items and Negotiations
After the City issues the NOA, it cannot take any action to dispose of the Loyalton Ranch Property for 60 days. If the City receives one or more responses to the NOA within those 60 days, the City must engage in good faith negotiations with the responding parties for at least 90 days. The 90-day negotiation period cannot begin until the first day following expiration of the 60-day NOA period.

There are specific requirements regarding accepting and rejecting certain types of offers, and the City will provide the Council with any necessary updates as the process continues.

ENVIRONMENTAL REVIEW
The declaration of the Property as surplus land and posting of the Notice of Availability is not a project within the meaning of the California Environmental Quality Act (“CEQA”) under CEQA Guidelines section 15206(b)(4), 15312 and 15061(b)(3) because it can be seen with certainty that there is no possibility that the declaration and associated activities will have a significant effect on the environment because no development or construction is proposed.

FISCAL IMPACT
There are no additional costs anticipated at this time.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s City of Santa Clara Page 2 of 3 Printed on 5/19/2022
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22-548 Agenda Date: 5/24/2022
Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

ALTERNARTIVES

1. Act on a Resolution Declaring the Loyalton Ranch Property Surplus.

2. Do not Act on a Resolution Declaring the Loyalton Ranch Property Surplus.

3. Any other Council Direction.

RECOMMENDATION
There is no staff recommendation.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Property Appraisal Report

2. Resolution

3. Notice of Availability
City of Santa Clara Page 3 of 3 Printed on 5/19/2022
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Appraisal Report
Loyalton Ranch Property
East of Loyalton and West of Cold Springs in Sierra and Lassen Counties Report Date: April 18, 2022
FOR:

City of Santa Clara
Mr. Joseph Bruzzone P.E.

Electric Utility Engineer
1500 Warburton Avenue
Santa Clara, California 95050
Valbridge Property Advisors |
Northern California
2813 Coffee Road, Suite E2
Modesto, CA 95355
209.569.0450 phone Valbridge File Number:
408.279.3428 fax CA05-22-0120
valbridge.com
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California 2813 Coffee Road, Suite E2
Modesto, CA 95355
209.569.0450 phone
408.279.3428 fax
valbridge.com
April 18, 2022
John A. Hillas, MAI, SRA
209.569.0450, ext. 7301
[email protected]
Mr. Joseph Bruzzone P.E.

Electric Utility Engineer
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050
RE: Appraisal Report
Loyalton Ranch Property
East of Loyalton and West of Cold Springs in Sierra and Lassen Counties Dear Mr. Bruzzone,
In accordance with your request, we have performed an appraisal of the above referenced property.

This appraisal report sets forth the pertinent data gathered, the techniques employed, and the reasoning leading to our opinions and conclusions. This letter of transmittal alone does not constitute an appraisal report and the rationale behind the value opinion(s) reported cannot be adequately understood without the accompanying appraisal report.

The subject property, as referenced above, is located within Sierra and Lassen Counties, East of Loyalton and West of Cold Springs, and is further identified as tax parcel numbers 147-040-02, 174- 050-02, 147-050-03, 147-050-19, 147-050-20, 147-070-04, 147-070-05, 147-080-01, 147-080-03, 147- 080-11, 147-080-14, 147-080-15, 016-070-012, 016-080-007, 016-080-008, 016-090-011, 016-090- 059, 016-100-001, 016-100-004, 016-100-005, 016-100-006, 021-010-003, 021-010-006, 021-010-012, 021-010-013, 021-020-001. The subject is a 10,273.95-acre ranch with several smaller components as will be discussed herein.

We developed our analyses, opinions, and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute.

Mr. Joseph Bruzzone P.E
City of Santa Clara

© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California The client in this assignment is Joseph Bruzzone with the City of Santa Clara and the intended user of this report is Joseph Bruzzone with the City of Santa Clara and no others. The sole intended use is to determine a value for a possible sale of the property.. The value opinions reported herein are subject to the definitions, assumptions, limiting conditions, and certifications contained in this report.

The findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results:

Extraordinary Assumptions:
• In terms of physical characteristics of the property, we relied on information provided by our client, along with public record information and technology platforms including google earth.

It is an extraordinary assumption of the appraisal that the information contained herein is accurate
• Legal access is assumed to exist for each of the three main property components. It is reported that the acreage has been used for grazing of livestock, and the acreage is thus assumed to be suitable for this use.

Hypothetical Conditions:
• None
Based on the analysis contained in the following report, our value conclusion is as follows:

Respectfully submitted,
Valbridge Property Advisors | Northern California
John A. Hillas, MAI, SRA
Managing Director
California Certified License #AG002432
Component As Is
Value Type Market Value
Property Rights Appraised Fee Simple Estate
Effective Date of Value April 1, 2022
Value Conclusion $4,370,000
$425 per acre
Value Conclusion

LOYALTON RANCH PROPERTY

TABLE OF CONTENTS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page i Table of Contents
Cover Page
Letter of Transmittal
Table of Contents.......................................................................................................................................................................i Summary of Salient Facts .......................................................................................................................................................ii Aerial Photograph....................................................................................................................................................................iii Location Map.............................................................................................................................................................................iv Introduction.................................................................................................................................................................................1 Scope of Work............................................................................................................................................................................3 Regional and Market Area Analysis....................................................................................................................................5 Site Description....................................................................................................................................................................... 10 Assessment and Tax Data ................................................................................................................................................... 16 Economic Outlook.................................................................................................................................................................. 18 Highest and Best Use............................................................................................................................................................ 20 Sales Comparison Approach.............................................................................................................................................. 22 Reconciliation........................................................................................................................................................................... 38 Exposure Time and Marketing Period....................................................................................................................... 38 General Assumptions and Limiting Conditions .......................................................................................................... 39 Certification – John A. Hillas, MAI, SRA.......................................................................................................................... 44 Addenda .................................................................................................................................................................................... 45 Glossary................................................................................................................................................................................. 46 Qualifications ...................................................................................................................................................................... 53 Valbridge Property Advisors Information / Office Locations ........................................................................... 56

LOYALTON RANCH PROPERTY

SUMMARY OF SALIENT FACTS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page ii Summary of Salient Facts
Property Identification
Property Name Loyalton Ranch Property
Property Address East of Loyalton and West of Cold Springs in Sierra and Lassen Counties
Latitude & Longitude 39.67918, -120.130868
Tax Parcel Number
147-040-02, 174-050-02, 147-050-03, 147-050-19, 147-050- 20, 147-070-04, 147-070-05, 147-080-01, 147-080-03, 147- 080-11, 147-080-14, 147-080-15, 016-070-012, 016-080-007, 016-080-008, 016-090-011, 016-090-059, 016-100-001, 016- 100-004, 016-100-005, 016-100-006, 021-010-003, 021-010- 006, 021-010-012, 021-010-013, 021-020-001
Property Owner City of Santa Clara Electric Department
Site
Zoning General Forest, Mixed-industrial, Open Space (GF,MI,OS) FEMA Flood Map No. 06091C0250C
Flood Zone Zone X, Not a Designated Flood Prone Area
Gross Land Area 10,273.950 acres
Sierra County Acres 6,371.46 acres
Lassen County Acres 3,902.49 acres
Usable Land Area 10,273.950 acres
Valuation Opinions
Highest & Best Use - As Vacant Grazing land
Reasonable Exposure Time Four to Six Months
Reasonable Marketing Time Four to Six Months
Approach to Value As Is
Sales Comparison $4,370,000
Cost Not Applicable
Income Capitalization Not Applicable
Component As Is
Value Type Market Value
Property Rights Appraised Fee Simple Estate
Effective Date of Value April 1, 2022
Value Conclusion $4,370,000
$425 per acre
Value Indications
Value Conclusion

LOYALTON RANCH PROPERTY

AERIAL PHOTOGRAPH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page iii Aerial Photograph

AERIAL VIEW

LOYALTON RANCH PROPERTY

LOCATION MAP
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page iv Location Map

LOYALTON RANCH PROPERTY

INTRODUCTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 1 Introduction
Client and Intended Users of the Appraisal
The client in this assignment is City of Santa Clara and the sole intended user of this report is Joseph Bruzzone with the City of Santa Clara.

Intended Use of the Appraisal
The sole intended use of this report is to determine a value for a possible sale of the property..

Real Estate Identification
The subject is located within Sierra and Lassen counties, East of Loyalton and West of Cold Springs, and is further identified by tax parcel numbers 147-040-02-11,147-050-02-11,147-050-03-11,147-050- 19-11,147-050-20-11,147-070-04-11,147-070-05-11,147-080-01-11,147-080-03-11, 147-080-11- 11,147-080-14-11,147-080-15-11,021-010-003,021-020-001,016-100-004, 016-090-059, 021-010- 006, 021-010-012, 016-100-005, 016-080-008, 016-070-012, 016-090-011, 021-010-013, 016-100-001, 016-100-006 and 016-080-007.

Legal Description
A legal description of the property was not provided. The assessor parcel numbers, maps, and exhibits herein are considered to adequately identify the property.

Use of Real Estate as of the Effective Date of Value
As of the effective date of value, the subject was agricultural undeveloped land.

Use of Real Estate as Reflected in this Appraisal
Same as above.

Ownership of the Property
According to ParcelQuest, title to the subject property is vested as follows: City of Santa Clara Electric Department.

History of the Property
Ownership of the subject has not changed within the past three years. According to the City of Santa Clara, the property was purchased in 1977 for $1,613,850 ($157/acre). We have considered and analyzed the known history of the subject in the development of our opinions and conclusions.

Analysis of Listings/Offers/Contracts
The subject property is not offered for sale on the open market. There have been no known offers to purchase the subject property.

Type and Definition of Value
The appraisal problem is to develop an opinion of the market value of the subject property. “Market Value,” as used in this appraisal, is defined as “the most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus.”

LOYALTON RANCH PROPERTY

INTRODUCTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 2 Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
• Buyer and seller are typically motivated.
• Both parties are well informed or well advised, each acting in what they consider their own best interests;
• A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
• The price represents the normal consideration for the property sold unaffected by special or creative financing or sale concessions granted by anyone associated with the sale.”1 The value conclusions apply to the value of the subject under the market conditions presumed on the effective date of value. Please refer to the Glossary in the Addenda section for additional definitions of terms used in this report.

Valuation Scenarios, Property Rights Appraised, and Effective Dates of Value Per the scope of our assignment we developed an opinion of value for the subject property under the following scenario of value:

Date of Report
The date of this report is April 14, 2022.

Assumptions and Conditions of the Appraisal
This appraisal assignment and the opinions reported herein are subject to the General Assumptions and Limiting Conditions contained in the report and the following extraordinary assumptions and/or hypothetical conditions, the use of which might have affected the assignment results.

Extraordinary Assumptions
• In terms of physical characteristics of the property, we relied on information provided by our client, along with public record information and technology platforms including google earth.

It is an extraordinary assumption of the appraisal that the information contained herein is accurate
• Legal access is assumed to exist for each of the three main property components. It is reported that the acreage has been used for grazing of livestock, and the acreage is thus assumed to be suitable for this use.

Hypothetical Conditions
• None
1 Source: Code of Federal Regulations, Title 12, Banks and Banking, Part 722.2-Definitions Valuation Scenario Effective Date of Value As Is Market Value of the Fee Simple Estate April 1, 2022

LOYALTON RANCH PROPERTY

SCOPE OF WORK
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 3 Scope of Work
The elements addressed in the Scope of Work are (1) the extent to which the subject property is identified, (2) the extent to which the subject is inspected, (3) the type and extent of data researched, (4) the type and extent of analysis applied, (5) the type of appraisal report prepared, and (6) the inclusion or exclusion of items of non-realty in the development of the value opinion. These items are discussed as below.

Extent to Which the Property Was Identified
The three components of the property identification are summarized as follows:
• Legal Characteristics - The subject was legally identified via county records and assessor plats from Lassen and Sierra County.
• Economic Characteristics - Economic characteristics of the subject were identified via information provided by the client, as well as a comparison to properties with similar locational and physical characteristics
• Physical Characteristics - The subject was physically identified via information provided by our client, as well as aerial photography from Google Earth, topographic maps, and other technology resources..

Extent to Which the Property Was Inspected
The property was not physically inspected by the appraiser. The subject property consists of over 10,000 acres of rural acreage, much of which has limited accessibility. Our analyses of available aerial photography and topographic maps was considered the best way to understand the physical characteristics of the property. The appraiser also has familiarity with the general area.

Type and Extent of Data Researched
We researched and analyzed: (1) market area data, (2) property-specific market data, (3) zoning and land-use data, and (4) current data on comparable listings and transactions. We also interviewed people familiar with the subject market/property type.

Type and Extent of Analysis Applied (Valuation Methodology) We observed surrounding land use trends, the condition of any improvements, demand for the subject property, and relevant legal limitations in concluding a highest and best use. We then valued the subject based on that highest and best use conclusion.

Appraisers develop an opinion of property value with specific appraisal procedures that reflect three distinct methods of data analysis: the Cost Approach, Sales Comparison Approach, and Income Capitalization Approach. One or more of these approaches are used in all estimations of value.

All of these approaches to value were considered. We assessed the availability of data and applicability of each approach to value within the context of the characteristics of the subject property and the needs and requirements of the client. Based on this assessment, we relied upon the Sales Comparison Approach. The Cost Approach was not used because this is an appraisal of land only and there are no improvements for which costs can be estimated and accrued depreciation quantified. The Income

LOYALTON RANCH PROPERTY

SCOPE OF WORK
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 4 Capitalization Approach was not used because this is an appraisal of land only and market participants do not employ this approach for valuing land only. Such acreage is not traded on the basis of the revenue it would generate, but rather on the sale price per acre of land area (Sales Comparison Approach.)
Appraisal Conformity and Report Type
We developed our analyses, opinions, and conclusions and prepared this report in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation and the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute.

This is an Appraisal Report as defined by the Uniform Standards of Professional Appraisal Practice under Standards Rule 2-2a.

Personal Property/FF&E
All items of non-realty are excluded from this analysis. The opinion of market value developed herein is reflective of real estate only.

LOYALTON RANCH PROPERTY

REGIONAL AND MARKET AREA ANALYSIS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 5 Regional and Market Area Analysis

REGIONAL MAP
Overview
The subject property is located near Loyalton, California with parcels sitting in both Sierra and Lassen counties. This area is on the northern/northeastern portion of the State. Both counties border the state of Nevada in a mountainous area rich in forestry and full of wildlife. These counties have a combined population of approximately 37,000 with only roughly 700 of those people residing in Loyalton. The area was settled in the 1950s, with the City being established in 1864. Loyalton is much the same today as it was back then and even referring to itself as the “city with more animals than people.” Note that much of the following pertains to Sierra County but would be similar for Lassen County.

Population
Sierra county has a very small population with only about 3,214 residents, and while Lassen county is larger in population, housing 32,981 residents as of 2019, both counties are still very small compared to the rest of the state.

According to the Site to Do Business projections, presented below, both Sierra and Lassen counties are expected to see a decrease in population with a change of -0.4% and -0.6% annually between 2021-2026

LOYALTON RANCH PROPERTY

REGIONAL AND MARKET AREA ANALYSIS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 6 Transportation
Public transportation in Sierra County is very limited. There is no fixed route transit service, but public transportation is provided by two non-profit transit services, which services both Sierra County and the City of Loyalton. These services are open to the general public but primarily specialize in the elderly and disabled population. Considering the small population and the rural nature of Sierra County, there are currently no plans to increase or add public bus services as it is not necessary or financially feasible at this time.

Air service in the area is very minimal. The Sierraville Dearwater Field Airport is the only designated airport in Sierra County, and it is classified as a Basic Utility airfield. The airport provides a link for local and regional aviation uses. The field is used for recreation, ingress and egress for regional events, Population Estimated
Annual %
Change Projected
Annual %
Change
Area 2010 2021 2010 - 21 2026 2021 - 26
United States 308,745,538 333,793,107 0.7% 333,934,112 0.0% California 37,253,956 39,476,705 0.5% 40,507,842 0.5%
Sierra County 3,240 3,169 -0.2% 3,080 -0.6%
Lassen County 34,895 32,284 -0.3% 32,284 -0.4%
Source: ESRI (ArcGIS)

LOYALTON RANCH PROPERTY

REGIONAL AND MARKET AREA ANALYSIS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 7 occasional charter services and emergency services. Air freight in the county is limited to occasional service by private aircraft. Residents in Sierra County typically use airports in Reno, Sacramento, and San Francisco for their commercial needs.

With such a small population, traffic congestion is not usually a problem in the City of Loyalton or the Sierra/Lassen County areas. About 64 miles of State Route 49 runs east-west through Sierra County and Loyalton. State Route 89 runs from Nevada County to the Plumas County line, crossing through about 30 miles of Sierra County. SR 89 largely carries local, commercial, and recreational traffic through undeveloped forest land with restricted access. US 395 runs through the northeastern corner of the county. A 1.6-milelong section of I-80 passes through the southeastern corner of Sierra County.

Unemployment
The unemployment rate in Sierra County is currently less than the rates of the state and nation. The County unemployment rate was 4.1% as of December 2021 (most recent available). The State of California was at 7.3% while the Nation was at 5.3% for the same time period.

Median Household Income
Lassen and Sierra Counties have a median household income which is quite a bit lower than that of the state and national average but is expected to grow by about 1.7-2.4 percent over the next four years. Total median household income for the region is presented in the following table. Overall, the subject compares unfavorably to the state and the country Conclusions
Sierra County and Lassen County are well up into the Sierra Nevada and consist mostly of rural/remote acreage and small communities. With a decreasing population, aging work force and limited local training options, the pool of workers in this area is quite small and talent attraction is difficult due to lack of housing availability. Most of the housing is owner occupied with limited rental options. There is a significant amount of land that is owned by the Federal or State Government. Although Loyalton is the biggest community within Sierra County it has been called “the loneliest town in America” Unemployment Rates Area YE 2016 YE 2017 YE 2018 YE 2019 YE 2020 2021¹
United States 4.9% 4.4% 3.9% 3.7% 8.1% 5.3%
California 5.5% 4.8% 4.3% 4.1% 10.2% 7.3%
Sierra County, CA 7.0% 5.6% 4.8% 4.7% 7.1% 4.1%
Source: www.bls.gov data not seasonally adjusted; ¹Annual - most recent for US, others lag by 1-2 mos.) Median Household Income
Estimated Projected Annual % Change
Area 2021 2026 2021 - 26
United States $62,203 $67,325 1.6%
California $80,044 $90,664 2.5%
Sierra County $57,732 $65,063 2.4%
Lassen County $60,572 $65,927 1.7%
Source: ESRI (ArcGIS)

LOYALTON RANCH PROPERTY

REGIONAL AND MARKET AREA ANALYSIS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 8 because visitors are few and far between. Despite the scenic views and pleasant small-town atmosphere, there is not much to attract tourism keeping the town much as it was 150 years ago:
small, quiet, and full of wildlife and natural beauty
With regard to economic conditions, the real estate market in general was several years into positive trends after a period of deep recession until the pandemic in the first quarter of 2020.

The outlook is still somewhat clouded by the unknowns associated with COVID-19. There were increasing impacts on many businesses as people continued to curb their activity, and certain industries in particular have been severely affected. While California “re-opened for business” in June 2021, mask requirements subsequently returned and vaccination mandates were announced, but these are now waning again. On March 1, 2022, the State of California requirement for unvaccinated people to mask in indoor settings was changed to a recommendation that all persons continue indoor masking, regardless of covid vaccination status.

Many market participants had been becoming more optimistic, thanks in large part to the vaccination rollouts, but the forceful return of Covid protocols in the winter of 2021-22, and both government and private sector mandates had a dampening effect. Now, as the pandemic recedes, continued supply chain issues and inflation, exacerbated now by the war in Europe, and possible greater implications, have extended national and global concern and uncertainty, and the economy will continue to be adversely impacted.

The timeline for a return to normalcy remains unknown, but the historic reasons for growth in the region remain the same. The timeline for a return to normalcy remains unknown, but the historic reasons for growth in the region remain the same, and thus the expectation is that normal growth will resume over time.

LOYALTON RANCH PROPERTY

SITE DESCRIPTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 9

GOOGLE AERIAL

LOYALTON RANCH PROPERTY

SITE DESCRIPTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 10 Site Description
The subject site is located in northeastern California, about 100 air miles northeast of Sacramento and 20 miles northwest of Reno. The property is east of Loyalton, and northwest of Cold Springs, Nevada.

The characteristics of the site are summarized as follows:

Site Characteristics
Summary The property consist of acreage that is remote and in a generally native state. The acreage has been used as seasonal grazeland.

Location The acreage is within Sierra County and Lassen County, CA, just east of Loyalton, CA and just west of Cold Springs, Nevada Gross Land Area: 10,273.95 Acres
Lassen County Acres 3,902.49 acres
Sierra County Acres 6,371.46 acres
Shape: Generally Rectangular
Topography:

Western Acreage:

Topography ranges from lower mildly sloping flatlands to steep sloping areas and peaks. Following is a brief description of each of the three main components of the property.

The western acreage, just east of Loyalton, is relatively flat in the western portion at about 5,000 feet elevation, extending easterly to peaks that are almost 7,500 feet high. There is somewhat of a valley that extends upward in elevation from the west to the east, sloping up also toward the north and south. There are several “jeep” trails identified on the topographic map, and one named “road” (Staverville Road) that is basically a trail.

LOYALTON RANCH PROPERTY

SITE DESCRIPTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 11 There are several high peaks in this portion of the property.

Notably, there are two “islands” of public land reflected in the white shaded areas in the aerial image above.

Northeastern Acreage: The northeastern acreage is southwest of the intersection of Highway 70 and the 395 Freeway, just east of Reno Junction. This is considered the main ranch area with a farmstead in the northern portion.

This acreage has a significant amount of nearly level or gently sloping acreage, sloping up to the south and southeast, as well as to the northwest. The lower area in the northeast part of this acreage is at about 5,000 feet elevation, extending southerly to just over 6,000 feet, with higher areas up to 7,000 feet to the southwest.

LOYALTON RANCH PROPERTY

SITE DESCRIPTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 12 There is publicly owned land adjacent to the south. One small portion of the subject is an island within this public land.

Southeastern Acreage: The southeastern component of the property is similar to the others in that it has valley areas and high peaks, but it differs from the other two property components in that it has inferior access.

As reflected in the aerial photo below, there is a portion of public land (white shaded) that extends into the subject acreage, with additional subject acreage north of that. Aside from “touching” the southern edge of the northeastern part of the property, it is not technically adjoining.

LOYALTON RANCH PROPERTY

SITE DESCRIPTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 13 Note in the topographic map above where the Lassen/Sierra County line crosses the property.

Utilities Electric power is believed to exist at the western edge near Loyalton, and in the northeastern part of the property near the existing farmstead. The main ranch site has a domestic well.

Access The acreage is considered remote. The property is accessible from the southwest corner where Garbage Pit Road connects with Staverville Road. Staverville Road runs West-East through the Southern portion of the Sierra County parcels.

There is also access from the northeast, with ranch roads extending southwesterly. There is also a ranch road which appears to extend easterly from the northeast acreage to Bringman Road and the 395 freeway.

LOYALTON RANCH PROPERTY

SITE DESCRIPTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 14 The southeast part of the property has inferior access when compared to the other two property components. There is a trail/road which extends from the 395 freeway toward the southeastern part of this southeastern acreage, but it would require an offroad vehicle.

Significantly, legal access is assumed to exist for each of the three main property components. It is reported that the acreage has been used for grazing of livestock, and the acreage is thus assumed to be suitable for this use.

Drainage: Assumed adequate for intended use
Interior or Corner: Interior
Signalized Intersection: No
Flood Zone Data
Flood Map Panel/Number: 06091C0250C
Flood Map Date: 02-02-2012
Portion in Flood Hazard Area: 0.00%
Flood Zone: Zone X – not a flood zone
Other Site Conditions
Soil Type: This is remote hilly acreage at 5,000 to 7,500 feet elevation. It is rocky and typically consists of soils that would not be highly rated for productive agriculture, other than seasonal grazeland.

Environmental Issues: An environmental site assessment report was not furnished for our review. An inspection of the property did not reveal any visible or factual evidence of apparent environmental impairment to the site.

The appraisers are not considered experts in hazardous materials.

The client is advised to obtain an environmental report if further investigation is desired. In addition, a drive-by inspection of the immediate vicinity surrounding the subject did not reveal any uses or hazards that would be expected to pose an apparent risk to the site or would restrict its use.

Easements/Encroachments: None known that would adversely affect development of the site.

Earthquake Zone: The property is not located in an Alquist-Priolo Special Studies Zone for earthquake hazard. Earthquake hazard is typical for the overall area.

Zoning Designation
Zoning Jurisdiction: Sierra County and Lassen County
Zoning Classification: Sierra: GF (General Forest) and A1 (Agriculture 1) Lassen: OS (Open Space)

LOYALTON RANCH PROPERTY

SITE DESCRIPTION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 15 General Plan Designation: Sierra: Agricultural, Forest
Lassen: Extensive Agriculture
Permitted Uses: Permitted uses are primarily agricultural in nature. Limited residential use is also allowed. The forest designation provides for the harvest of timber where there is adequate supply/access.

Analysis/Comments on Site
The subject consists of acreage in the northeast part of the state of California, just northwest of Reno, Nevada. It includes ±6,371.46 acres in Sierra County, and ±3,902.49 acres in Lassen County. There are three separate ranch components, including the ±3,582.49 acre main headquarters ranch accessible from the north, ±4,272.46 acres in the southwest portion, just east of Loyalton, and a third component east of Loyalton and south of the main headquarters ranch. This third component in the southeast is more remote with inferior access. It amounts to ±2,419 acres. The main headquarters ranch includes a farmstead, but the property is otherwise unimproved but for fencing. There are no known developed irrigation systems, the acreage is served by natural ponds and creeks, etc.

The property has historically been used for seasonal grazeland. With elevations of 5,000 to over 7,000 feet in the Sierra Nevada, snow limits grazing during winter and into the early spring.

Much of the ranch was damaged by a wildland fire that occurred in 2020. Some fencing was damaged but has since been fixed to allow for continued cattle operations. The rancher/operator stated that the property is functional, but there is additional work that could be done to repair fire damage.

LOYALTON RANCH PROPERTY

ASSESSMENT AND TAX DATA
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 16 Assessment and Tax Data
Assessment Methodology
The State of California has provided for a unified system to assess real estate for property taxes.

Assessment Districts are established on a county basis to assess real estate within the county. The appraised property falls under the taxing jurisdiction of Santa Clara County and is subject to both general taxes and direct assessments.

Assessed Values and Property Taxes
The subject’s assessed values, applicable tax rates and total taxes including direct assessments are shown in the following table. The first 14 parcels are in Sierra County and the others are in Lassen County.

There are no tax bills for two of the subject parcels.

General Taxes
The amount of General Taxes due is quantified by multiplying the assessed value by the tax rate. In the State of California, real estate is assessed at 100% of market value as determined by the County Assessor’s Office. The tax rate consists of a base rate of 1% plus any bonds or fees approved by the voters. The County Tax Rate for the Sierra county acreage is 1.40%. The rate in Lassen County is 1.0% Tax Schedule
Parcel
Assessor's
Appraised
Assessor's
Appraised Assessed Effective Special Tax
Tax Year Number Value - Land Value - Imp. Value Tax Rate Assessments Expense 1 2021 016-070-012 $110,759 $110,759 1.040000% $72 $1,224 2 2021 016-080-007 $28,422 $28,422 1.040000% $24 $320
3 2021 016-080-008 $142,109 $142,109 1.040000% $96 $1,574 4 2021 016-090-011 $147,678 $147,678 1.040000% $96 $1,632 5 2021 016-090-059 $117,958 $117,958 1.040000% $77 $1,304 6 2021 016-100-001 $147,678 $147,678 1.040000% $96 $1,632 7 2021 016-100-004 $110,759 $110,759 1.040000% $72 $1,224 8 2021 016-100-005 $106,582 $106,582 1.040000% $26 $1,134 9 2021 016-100-006 No Data No Tax Bill
10 2021 021-010-003 $147,678 $147,678 1.040000% $1,536
11 2021 021-010-006 $26,645 $26,645 1.040000% $277
12 2021 021-010-012 $73,839 $1,281 $75,120 1.040000% $781 13 2021 021-010-013 $5,999 $5,999 1.040000% $62
14 2021 021-020-001 $128,296 $128,296 1.040000% $1,334
15 2021 147-040-002 $16,908 $16,908 1.000000% $169
16 2021 147-050-002 $23,676 $39,786 $63,462 1.000000% $635 17 147-050-030 No Data No tax Bill
18 2021 147-050-019 $13,526 $13,526 1.000000% $135
19 2021 147-050-020 $27,060 $27,060 1.000000% $271
20 2021 147-070-004 $16,476 $16,476 1.000000% $165
21 2021 147-080-001 $23,212 $23,212 1.000000% $232
22 2021 147-070-005 $13,526 $13,526 1.000000% $135
23 2021 147-080-003 $15,178 $15,178 1.000000% $152
24 2021 147-080-011 $35,875 $35,875 1.000000% $359
25 2021 147-080-014 $1,129 $1,129 1.000000% $11
26 2021 147-080-015 $8,535 $8,535 1.000000% $85
Total $1,489,503 $41,067 $1,530,570 $558 $16,583

LOYALTON RANCH PROPERTY

ASSESSMENT AND TAX DATA
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 17 Direct Assessments
Direct assessments are tax levies that are not dependent upon the assessed value of the property. They are levied regardless of assessment. According to the Santa Clara County Tax Collector’s Office, the direct assessments for the subject are as follows: $558.

Current and Future Taxes
Proposition 13 was passed by voters in June 1978 and substantially changed the taxation of real estate in California. This constitutional amendment rolled back the base year for assessment purposes to the tax year 1975-1976. Annual increases in assessed value are limited to 2 percent per year, regardless of the rate of inflation. Real estate is subject to re-appraisal to current market value upon a change in ownership or new construction. Property assessments in years subsequent to a change of ownership or new construction are referred to as factored base values.

Proposition 8, which passed in November 1978, states that the Assessor shall lower tax roll values to fair market value whenever the assessed value exceeds fair market value. It mandates that the lower of fair market value or factored base value be placed on the assessment roll. When fair market values are enrolled, the Assessor reassesses the property annually until such time as fair market value again equals or exceeds the factored base year value. For properties that have been owned for several years, the assessed value may not reflect the current fair market value. Furthermore, due to adjustments following a Prop 8 reduction, increases in assessed value can increase substantially more than 2% per year until the assessment again matches the factored base year value.

Conclusions
According to the Santa Clara County Tax Assessor the subject’s property taxes are paid as of the date of value.

LOYALTON RANCH PROPERTY

ECONOMIC OUTLOOK
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 18 Economic Outlook
While the war in Europe is foremost on everyone’s mind at this time, Covid-19 continues to impact all aspects of the economy in some way. The impact of the pandemic on commercial real estate was relatively muted in 2021. The market overall has been experiencing growth, fueled by low lending rates and inflationary pressures. Demand for investment properties was expected to increase in secondary and tertiary markets as investors look for higher yields. Investors and owners are also expected to continue to watch federal involvement in business loans, as government may need to intervene if inflation continues to grow. This will influence the decision of business owners to choose between buying or leasing their commercial space. Supply chain issues have the potential to impact both inflation and the ability to keep up with space demand. A shortage of supplies as well as labor is continuing to cause delays in construction across the country.

Supply for commercial space is not keeping up with demand from buyers. High net worth individuals as well as institutions are seeking real estate assets as a hedge against inflation and are taking advantage of the low interest rates while they last. Unlike past recessions, during the brief Covid-19 recession, there has been no shortage of capital, and this has kept several CRE sectors not just solvent, but thriving, including multi-family, certain retail properties, self-storage, healthcare and especially industrial. Office and much retail space is undergoing a shift as companies and consumers continue to adapt to both pandemic concerns as well as changes in the ability to work remote. Many companies are expected to need to offer office employees hybrid work arrangements, which not only depressed square footage demands in office but daytime retail demand nearby.

Despite the space adjustments, retail tenants are paying their rents in higher percentages since April 2020, but many retailers, especially in suburban markets, are struggling to find hourly workers, which is impacting their ability to stay open for regular business hours. Overall office trends are flat or slightly negative, as companies sort out employee policies for being in office and workers continue to opt for and insist on flexible work arrangements. The Covid-19 pandemic upended economies globally beginning in Q1 2020. Unprecedented vaccine development and manufacturing efforts, combined with mitigation strategies, helped slow the progress of the virus in many places. According to the CDC as of mid-March 2022, approximately 81.5% of all persons aged five or older in the United States have received at least the first dose of a Covid-19 vaccine. While the virus is still out in the population, most who have tested positive for the Covid in late 2021/early 2022 have been infected with the Omicron variant which has mild symptoms. Mask mandates are being lifted, and most are hoping to see a return to pre-pandemic level activity later in 2022 and into 2023 for most industries. Now there is a war in Europe and great concern about how it will impact the world economy.

Inflation is perhaps the biggest worry for CRE markets and investors. High inflation rates are being driven by both demand (stimulus, more businesses opening, high savings rates) and supply factors (labor shortages and supply chain disruptions). While inflation was already at the highest rate in 30 years, inflation concerns have increased dramatically now due to the Russian invasion of Ukraine.

Energy costs have increased dramatically and increases in costs of fuel and fertilizer, etc. will impact food production and transportation. Russia produces about 10% of global energy, much of which supplied Europe until just recently. On a global scale, Russia produces about 20% of wheat. Significant amounts of global corn, grains, and seeds for vegetable oil, etc. are grown in Russia and Ukraine. These supplies are now very much at risk.

LOYALTON RANCH PROPERTY

ECONOMIC OUTLOOK
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 19 The median pre-war CPI was increasing at over a 6% annual rate, which is a pace not seen since the late 80’s. As of March 2022, the rate of inflation rose to nearly 8% and is expected to increase further before improving.

Market participants had anticipated that the Fed would hike interest rates higher in 2022 and this belief reduced uncertainty around the longer path of inflation. The biggest risk is that unexpected runaway inflation would be damaging to the economy which would negatively affect property markets. This was not the expected scenario, however, but then Russia invaded Ukraine and international trade between Russia and most of the West has come to a standstill. In March 2022, The Federal Reserve raised its interest rate for the first time in three years in an effort to combat rising inflation without torpedoing economic growth. The situation has changed rapidly and continues to evolve.

LOYALTON RANCH PROPERTY

HIGHEST AND BEST USE
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 20 Highest and Best Use
The Highest and Best Use of a property is the use that is legally permissible, physically possible, and financially feasible which results in the highest value. An opinion of the highest and best use results from consideration of the criteria noted above under the market conditions or likely conditions as of the effective date of value. Determination of highest and best use results from the judgment and analytical skills of the appraiser. It represents an opinion, not a fact. In appraisal practice, the concept of highest and best use represents the premise upon which value is based.

Analysis of Highest and Best Use As Though Vacant
The primary determinants of the highest and best use of the property As Though Vacant are the issues of (1) Legal permissibility, (2) Physical possibility, (3) Financial feasibility, and (4) Maximum productivity.

Legally Permissible
The subject site is zoned General Forest, Open Space and Agriculture. The zoning controls the general nature of permissible uses but is appropriate for the location and physical elements of the subject, providing for a consistency of use with the general neighborhood. The location of the subject property is appropriate for the uses allowed, as noted previously, and a change in zoning is unlikely. There are no known easements, encroachments, covenants, or other use restrictions that would unduly limit or impede development.

Physically Possible
The physical attributes allow for a number of potential uses. Elements such as size, shape, availability of utilities, known hazards (flood, environmental, etc.), and other potential influences are described in the Site Description and have been considered. There are no items of a physical nature which would adversely impact development with the legal permitted uses. The property has historically been used or livestock grazing and recreational uses.

Financially Feasible
The probable use of the site for agricultural and recreational uses conforms to the pattern of land use in the market area. An agricultural ranch and/or recreational use is feasible and most likely. A residential use as an accessory to the agriculture use is also quite common.

Maximally Productive
Among the financially feasible uses, the use that results in the highest value (the maximally productive use) is the highest and best use. Considering these factors, the maximally productive use as though vacant is for grazing land.

Conclusion of Highest and Best Use As Though Vacant
The conclusion of the highest and best use as though vacant is for continuation of the current agricultural and recreational use.

Analysis of Highest and Best Use as Improved
In determining the highest and best use of the property as improved, the focus is on three possibilities for the property: (1) continuation of the existing use, (2) modification of the existing use, or (3) demolition and redevelopment of the land.

LOYALTON RANCH PROPERTY

HIGHEST AND BEST USE
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 21 The only improvements to the property consist of fencing and a farmstead. Retaining the improvements as they exist meets the tests for physical possibility, legal permissibility, and financial feasibility. The improvements are reportedly in average/serviceable condition and any alternative use of the existing improvements is unlikely to be economically feasible Conclusion of Highest and Best Use As Improved
The highest and best use of the subject property, as improved, is continuation of the existing agricultural and recreational use.

Most Probable Buyer
As of the date of value, the most probable buyer of the subject is an owner/user who intends to graze the acreage or use for recreational purposes.

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 22 Sales Comparison Approach
Methodology
The Sales Comparison Approach develops an indication of market value by analyzing closed sales, listings, or pending sales of properties similar to the subject, focusing on the difference between the subject and the comparables using all appropriate elements of comparison. This approach is based on principles of supply and demand, balance, externalities, and substitution, or the premise that a buyer would pay no more for a specific property that the cost of obtaining a property with the same quality, utility, and perceived benefits of ownership.

The process of developing the Sales Comparison Approach consists of the following: (1) researching and verifying transactional data, (2) selecting relevant units of comparison, (3) analyzing and adjusting the comparable sales for differences in various elements of comparison, and (4) reconciling the adjusted sales into a value indication for the subject.

Unit of Comparison
The primary unit of comparison selected depends on the appraisal problem and nature of the property.

The primary unit of comparison in the market for properties such as the subject is price paid per acre.

Elements of Comparison
Elements of comparison are the characteristics or attributes of properties and transactions that cause the prices of real estate to vary. The primary elements of comparison considered in sales comparison analysis are as follows: (1) property rights conveyed, (2) financing terms, (3) conditions of sale, (4) expenditures made immediately after purchase, (5) market conditions, (6) location, and (7) physical characteristics.

Comparable Sales Data
To obtain and verify comparable sales and listings of comparable properties, we conducted a search of public records, interviewed knowledgeable real estate professionals, and reviewed data from both third party and internal databases.

The sales presented in our analysis were judged to be the most comparable to develop an indication of market value for the subject property. The following is a table summarizing each sale comparable and a map illustrating the location of each in relation to the subject. Details of each comparable follow the location map.

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 23

COMPARABLE LAND SALES
Grantor Size (acres)
Sale Grantee Sale Date Struct Impr Type
No. Location Reference No. Sale Price Price/Acre Topography 1 23300 Caliente Creek Road Donna A. Douglas Et Al 3/17/2022 4,805.02 Grazing Land Caliente, Kern County The Nature Conservancy $2,500,000 Farmstead Rolling to Steep Doc#2022-42105 -$120,000 $495
$2,380,000
2 Brownell Lava Bed Road William Moore R TR 9/10/2021 1,360.00 Grazing Land Tulelake, Siskiyou County Modoc Nation $734,400 Farmstead Rolling to Steep Doc#2021-09772 $540
3 111-000 HWY 91 Weishan Family LLC 8/20/2020 2,358.00 Grazing Land Lookout, Modoc County J&J Ranch Holdings LLC $1,400,000 None Level to Gently Hilly Doc#2020-02141 $594
4 Caliente Bodfish road John & Patricia Beard 7/9/2020 5,668.17 Grazing Land Caliente, Kern County Family Trust Et Al $4,250,000 None Gently Rolling to Steeply Sloping The Nature Conservancy $750
Doc#2020-089151
5 4555 Meridian Road Diamons X Ranch LLC 10/11/2019 9,535.00 Grazing Land Vina, Tehama County Darrell & Callie family 2005 $8,500,000 Homestead Gently Rolling Revocable Trust Et Al -$500,000 $839
Doc# 2021-002096 $8,000,000 incl conservation easement
6 East of State Route 16 Pine Family Trust 9/5/2019 9,493 Grazing Land Guinda, Yolo County 360 Ranch Corp $10,000,000 Recreational Rolling to Steep Doc# 2019-030760/ -$3,000,000 $737
2019-003870 $7,000,000
7 12 Miles NE of Ravendale Roberts Trust 7/22/2016 23,500 Grazing Land Termo Lassen County Dodge Ranch LLC $9,200,000 Houses/Shops/Barns Rolling to Steep Doc# 2016-3293 -$1,800,000 $315
$7,400,000

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 24

COMPARABLE LAND SALES MAP

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 25 LAND COMPARABLE 1
Property Identification
Property Name Portion of Douglas
Montgomery Ranch
Address 23300 Caliente Creek Rd.

City County State Zip Caliente, Kern County,
California
MSA Bakersfield
Tax ID 179-250-01, -12; 179-260-04, -
05; 179-270-01, -10; 179-280-
05, -07, -09, -11, -20, -21, -22, -
23; 505-010-03
VPA Property/Sale ID 11177913/1553195
Transaction Data
Sale Status Recorded
Sale Date March 17, 2022
Grantor/Seller Donna A. Douglas, et.al.

Grantee/Buyer The Nature Conservancy
Recording Number 22-42105
Property Rights Fee Simple
Financing Cash to Seller
Conditions of Sale Estate/Probate Sale
Sales Price $2,500,000
Adjusted Sales Price Indicators
Price per Gross Acre $520
Net Price per Acre $495
Verification
Confirmed By Walter D. Carney
Confirmation Source Michael Conner, The Nature
Conservancy
Confirmation Contact 7-14-2021
Property Description
Proposed Use Livestock Grazing; Land
Preservation
Gross Land Area 4,805.02 Acres
Topography Varies
Utilities None
Drainage Caliente Creek, plus others
Flood Hazard Zone Zone X
Zoning Code A Exclusive Agriculture
General Plan Extensive Agricultural
Source: Valbridge NorCal; Google Earth

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 26 Remarks
This is a 4,805-acre portion of the Douglas-Montgomery Ranch, in the Tehachapi Mountain area of eastern Kern County. Site topography is rolling to steep, and the land profile consists primarily of trees and chaparral, with scattered areas of open grassland. Elevation ranges from 1,712 feet to 5,047 feet above mean sea level. Site access is via an easement off Caliente Creek Road.

There is no developed electrical power or water onsite. Water for the cattle operation is provided by several natural springs and creeks. Property improvements consist of a homestead area with a 2,400-square foot, woodframe barn, with animal pens; two storage sheds; corrals and loading chute. Solar panels are affixed to the barn.

Improvements are functional for the use of the property with an estimated $120,000 in contributory value.

Soils are a mix of Class VI and Class VII types, a non-productive agricultural classification. They are additionally rated as "poor" and "very poor" on the Revised California Storie Index. Because of the site topography, the property is best used for rangeland or wildlife habitat purposes. The regional area typically receives about 14 inches of rainfall annually, with an average 46 days of rainfall per year. The wettest months are typically from November to May. The average high temperature is approximately 86.9 degrees peaking in July, and the average low temperature is 31.2 degrees set in December and January.

The property is zoned for agricultural uses. At the time of the sale, the parcels comprising the ranch were enrolled within the Williamson Act, a voluntary, ten-year agricultural land preservation contract.

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 27 LAND COMPARABLE 2
Property Identification
Address Brownell Lava Bed Road
City County State Zip Tulelake, Siskiyou County,
California
Tax ID 001-080-221-000
VPA Property/Sale ID 11229367/1586205
Transaction Data
Sale Status Closed
Sale Date September 10, 2021
Grantor/Seller William Moore R TR
Grantee/Buyer Modoc Nation
Recording Number 09772
Property Rights Fee Simple
Financing Conventional
Conditions of Sale Typical
Sales Price $734,400
Adjusted Sales Price Indicators
Price per Gross Acre $540
Verification
Confirmation Source Public Record
Property Description
Gross Land Area 1,360 Acres
Topography Rolling
Utilities Assumed to be adequate
Drainage Assumed adequate
Zoning Code AG - Agriculture
General Plan Agricultural
Remarks
Rolling sagebrush and juniper rangeland near the Klamath Basin Wildlife Refuge. Property adjoins BLM and USA lands . about 2/3 of the property is almost level, the southwest 1/3 slopes up. A modest farmstead was not a factor in the price paid. Elevation is about 4,200 - 4,400 feet.

Brownell Lava Bed Road

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 28 LAND COMPARABLE 3
Property Identification
Property Name Roberts Ranch
Address 111-000 HWY 91
City County State Zip Lookout, Modoc County,
California 96054
Tax ID 012-020-078, -077, 011-180-
078, -079, 011-170-015, -016,
012-010-016
VPA Property/Sale ID 11229385/1586209
Transaction Data
Sale Status Closed
Sale Date August 20, 2020
Grantor/Seller Weishan Family LLC
Grantee/Buyer J & J Ranch Holdings LLC
Recording Number 02141
Property Rights Fee Simple
Financing Conventional
Conditions of Sale Typical
Sales Price $1,400,000
Adjusted Sales Price Indicators
Price per Gross Acre $594
Verification
Confirmation Source Public Record
Property Description
Gross Land Area 2,358.00 Acres
Shape Irregular
Topography Gently sloping
Utilities Assumed to be adequate
Drainage Assumed adequate
Zoning Code AG - Agriculture
General Plan Agricultural
Remarks
Acreage is used for cattle operations, and largely dominated by wild grass meadows, juniper, large stands of pine, as well as sagebrush and bitterbrush. Extensive wet meadow that lies in the Roberts Reservoir drainage system. Elevation is around 4,200 feet.
111-000 HWY 91

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 29 LAND COMPARABLE 4
Property Identification
Property Name Beard Family Ranch
Address Caliente Bodfish Road
City County State Zip Caliente, Kern County,
California 93518
MSA Bakersfield
Tax ID 397-210-05 and -06
VPA Property/Sale ID 11133748/1525991
Transaction Data
Sale Status Recorded
Sale Date July 9, 2020
Grantor/Seller John & Patricia Beard Family
Trust, et.al
Grantee/Buyer The Nature Conservancy
Recording Number 220089151
Property Rights Fee Simple
Financing Cash to Seller
Conditions of Sale None
Sales Price $4,250,000
Adjusted Sales Price Indicators
Price per Gross Acre $750
Verification
Confirmed By Walter D. Carney
Confirmation Source Public Records (Grant Deed);
Marketing Brochure; File
Material
Property Description
Proposed Use Livestock grazing;
conservation; preservation
Gross Land Area 5,668.17 Acres
Topography Varies
Utilities Wells
Drainage Caliente and Tehachapi
Creeks
Zoning Code A Exclusive Agriculture
General Plan 8.3, Extensive Agriculture
(Min. 20 Acre Parcel Size)
Source: Valbridge NorCal; Google Earth

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 30 Remarks
The Beard Family Ranch consists of 5,668.17 acres of gently rolling to steeply sloping livestock grazing and recreational hunting ranch in eastern Kern County, approximately 30 miles from Bakersfield. A majority of the ranch is steep, with elevations ranging from 1,420 feet to 4,210 feet above mean sea level. There are two points of access to the ranch via Caliente Bodfish Road - at Caliente Creek Road, on the east side of the property, and off Highway 58, near the southwest portion. Caliente Bodfish Road, a paved, two-lane road, runs through the entire expanse of the property; interior ranch roads provide additional site circulation.

Historic and current use of the ranch is for livestock grazing. Water is provided by one well, five natural springs, and from Caliente Creek and Tehachapi Creek. The well is located at the southwestern portion of the ranch, and the springs are located throughout the property. Water is distributed by truck to holding troughs. Improvements include two sets of corrals, a loading chute, cattle scale, and perimeter fencing.

Soils are mostly a mix of “fair” and “poor” rated farmlands, according to the California Revised Storie Index.

About 7% of the property is comprised of “very good” rated soils. The soils and topography are overall wellsuited to livestock grazing. The mean annual temperature is between 54º F. to 64º F. The mean annual precipitation is between 9 to 16 inches.

The ranch was acquired by The Nature Conservancy. Assigned land uses are for agricultural use, and the entire ranch was enrolled within the "Williamson Act" at the time of sale. The property was marketed for sale at $4,900,000, and the offering consisted of 5,520.69 acres, or $888 per acre. Subsequent to the parties entering into a purchase contract, an additional 147.48-acre parcel was included. The purchase price was $4,250,000, or $750 per acre, for the total 5,668.17 acres. Terms of the sale are assumed to be all-cash to seller.

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 31 LAND COMPARABLE 5
Property Identification
Property Name Diamond X Ranch
Address 4555 Meridian Road
City County State Zip Vina, Tehama County,
California
Tax ID 079-030-002, et.al.

VPA Property/Sale ID 11131992/1524785
Transaction Data
Sale Status Recorded
Sale Date October 11, 2019
Grantor/Seller Diamond X Ranch, LLC
Grantee/Buyer Darrell & Callie Family 2005
Revocable Trust, et.al.

Recording Number 2021-002096
Property Rights Encumbered Interest
Financing Cash to Seller
Conditions of Sale Purchased by tenant
Sales Price $8,500,000
Adjusted Sales Price Indicators
Price per Gross Acre $891
Net Price per Acre $839
Verification
Confirmed By Neil Shah
Confirmation Source Todd Renfrew
Confirmation Contact (707) 455-4444
Property Description
Proposed Use Livestock Grazing
Gross Land Area 9,535.00 Acres
Topography Varies
Drainage Brush, Singer, Rattlesnake,
and Deer Creeks
Zoning Code AG-1
Source: Valbridge NorCal; Google Earth

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 32 Remarks
Diamond X Ranch, a 9,535-acre livestock grazing and recreational ranch at the southern portion of Tehama County, east of the town of Vina and approximately 20 miles from the town of Chico, along the east side of Highway 99. The property additionally has frontages along Lassen Road, at its southern border, and Meridian Road, at its eastern perimeter. Overall site topography is gently rolling, with an elevation range from 225 feet to 406 feet above mean sea level. Several creeks traverse the ranch, including Brush, Singer, Rattlesnake, and Deer Creeks. The entire property is perimeter-fenced and cross-fenced, dividing the ranch into eight separate pastures. Historic and current use of the ranch is for livestock grazing.

Available water is plentiful, with sources including five reservoirs, seasonal creeks, and a dedicated right to draw water from Deer Creek (in the fall). Recreational opportunities include fishing and duck hunting.

Soils are mostly a mix of “poor” and “very poor” rated farmlands, according to the California Revised Storie Index.

Less than 5% of the property is comprised of “excellent” and “very good” rated soils. The soils and topography are overall well-suited to livestock grazing. The mean annual temperature is between 46º F. to 63º F. The mean annual precipitation is between 25 to 33 inches.

Homestead improvements include a two-bedroom, 2,300-square foot main residence with an office area and a detached guest room, a bunk house, three recreational vehicle hook-ups, and a large fishpond. The main residence is equipped with solar panels. Two wells provided water to the homestead area, including one for the fishpond. Condition of the improvements were good, per the listing agent. Contributory value of the ranch improvements was estimated by the confirming source to be $500,000, or about 0.6% of the total ranch value.

At the time of the sale, the property was enrolled in the "Williamson Act," a voluntary ten-year agricultural preservation contract. In addition, the ranch sold encumbered with a conservation easement (held in trust by The Nature Conservancy). The easement has been in place since November 2000 and is intended to "preserve, protect, enhance, and restore in perpetuity the Conservation Values of the property...including vernal pools, grasslands, and open space." Permitted uses include livestock grazing (limited to a "November to May" seasonal use), passive recreational uses, maintenance of existing improvements, maintenance, and development of water resources (for grazing uses only). Site development is restricted to a five-acre home area, and a five-acre community area. Subdivision of the property is restricted.

The property was purchased by a tenant who had been using the ranch for grazing uses. Purchase price was $8,500,000. As stated, contributory value of the improvements is $500,000; the land only purchase price is $8,000,000, or approximately $839 per acre. The impact of the conservation easement was estimated by the listing agent to be 20% to 30%. Estimating the conservation easement at 25% indicated the equivalent unencumbered fee simple land rangeland value is $10,067,000 or $1,056 per acre.

The parties entered into an option agreement in October 2019; the agreement was recorded with the County of Tehama Recorder's Office in January 2020. Close of escrow was February 2021. Terms of the sale were all-cash to the seller.

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 33 LAND COMPARABLE 6
Property Identification
Property Name Pine Ranch
Address East of State Route 16
City County State Zip Guinda, Yolo County, California
Tax ID 059-010-007, et.al.

VPA Property/Sale ID 11132408/1525049
Transaction Data
Sale Status Recorded
Sale Date September 5, 2019
Grantor/Seller Pine Family Trust
Grantee/Buyer 360 Ranch Corp
Recording Number 2019-030760 (Yolo); 2019-
003870 (Colusa)
Property Rights Fee Simple
Financing Cash to Seller
Conditions of Sale None
Sales Price $10,000,000
Adjusted Sales Price Indicators
Price per Gross Acre $1,053
Net Price per Acre $737
Verification
Confirmed By Neil Shah
Confirmation Source Todd Renfrew
Confirmation Contact (707) 455-4444
Property Description
Proposed Use Livestock grazing; recreation;
investment
Gross Land Area 9,493.45 Acres
Zoning Code A-X Agricultural Extensive
Source: Valbridge NorCal; Google Earth

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 34 Remarks
Pine Ranch is a 9,493.45-acre livestock grazing and recreational ranch situated in the foothills of the Capay Valley, in Yolo and Colusa Counties, approximately a one-hour drive from Sacramento and a two-hour drive from San Francisco. Most of the property is in the northern portion of Yolo County; approximately 297.5 acres are in Colusa County. Access is circuitous with a “rough drive” for approximately four miles. Overall site topography is rolling-to-steep, with an elevation range between 600 feet to 1,700 feet above mean sea level.

Vegetation consists of grasslands, and brush and scrubs, with the best land located at the headquarters area.

Historic and current use has been livestock grazing, along with recreational hunting and fishing. Water is provided by seasonal creeks, holding ponds, and seasonal springs.

Soils are mostly a mix of “poor” rated farmlands, according to the California Revised Storie Index. Less than 2% of the property is comprised of “fair” rated soils. The soils and topography are overall well-suited to livestock grazing. The mean annual temperature is between 45º F. to 64º F. The mean annual precipitation is between 12 to 35 inches.

Property improvements are high-quality and are substantial. The 720-acre headquarters area improvements include a five-bedroom, 7,000-square foot main residence with attached four-car garage and private lake stocked with bass, bluegill, and catfish; a 4,000-square foot lodge with three bedrooms, a large gathering room, and an extensive kitchen area; a resort-quality swimming pool; large-sized entertainment deck equipped with a barbeque large enough to roast a steer; a roping and cutting arena; covered riding arena; and a six-stall barn, with a tack room and a four-car garage. Electrical power was brought in eight miles to the property. The contributory value of the improvements, which were high-quality and in excellent condition, per the confirming source (who represented both buyer and seller in the transaction) was about $3,000,000.

The ranch was assembled and improved by the sellers (Bay Area investors/owner-users) over a twenty-year period. Amenities include expansive, panoramic views, as well as passive and active recreational uses (hunting, fishing, canoeing, horse riding, off-road vehicle use).

LOYALTON RANCH PROPERTY

SALES COMPARISON APPROACH
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 35 LAND COMPARABLE 7
Property Identification
Property Name Dodge Ranch
Address 12 miles NE of Ravendale
City County State Zip Termo, Lassen County,
California 96132
Tax ID 023-100-006 et al
VPA Property/Sale ID 11229405/1586223
Transaction Data
Sale Status Closed
Sale Date July 22, 2016
Grantor/Seller Roberts trust
Grantee/Buyer Dodge Ranch LLc
Recording Number 2016-3293
Property Rights Fee Simple
Financing Conventional
Conditions of Sale Typical
Sales Price $9,200,000
Adjusted Sales Price Indicators
Price per Gross Acre $391
Net Price per Gross Ac $315
Verification
Confirmation Source MLS, public records
Property Description
Gross Land Area 23,500.00 Acres
Remarks
This is the sale of Dodge Ranch near Ravendale. The ownership totaled 23,500 acres in 27 nearby but non-contiguous parcels that are connected by BLM acreage. The acreage is at 5,000 to 6,000 feet in elevation making it similar to the subject in this regard. The property is improved with three dwellings, one bunkhouse, a shop, haybarn, along with livestock corrals and working facilities. The improvements were reported at $200,000. Farm equipment was included in the sale which was valued at $1,600,000.

The property had been used for hay production. Net of improvements, the sale price was $315 per acre.

LOYALTON RANCH PROPERTY

LAND VALUATION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 36 Sales Comparison Analysis
When necessary, adjustments were made for differences in various elements of comparison, including property rights conveyed, financing terms, conditions of sale, expenditures made immediately after purchase, market conditions, location, and other physical characteristics. If the element in comparison is considered superior to that of the subject, we applied a negative adjustment. Conversely, a positive adjustment to the comparable was applied if inferior. A summary of the elements of comparison follows.

Transaction Adjustments
These items are applied prior to the application of market conditions and property adjustments.

Transaction adjustments include: Real Property Rights Conveyed, Financing Terms, Conditions of Sale, and Expenditures made immediately after purchase.

Sale 5 sold with a conservation easement which impairs value, but the sale requires downward overall adjustment due to its location with superior accessibility.

Market Conditions Adjustment
Market conditions change over time as a result of inflation, deflation, fluctuations in supply and demand and other factors. The sales are arranged in descending order by sale date. The comparables are considered to represent generally recent sale transactions, relatively near the date of value.

Furthermore, the market for this type of property has been relatively level, with a slight upward trend.

Overall, while no formal adjustment is applied, we have considered the improving general economic trends in our reconciliation.

Property Adjustments
Property adjustments are based on locational and physical characteristics and are applied after the application of transaction and market conditions adjustments. We have summarized our adjustment analyses below. The pertinent elements of comparison and adjustments, if warranted, are based on our market research, best judgment, and experience in the appraisal of similar properties.

We have considered location with regard to proximity to linkages and accessibility. We have also considered the differences in topography, water improvements and structures, and magnitude. Severe topography limits productivity. Water and structural improvements are a factor in value enhancement, and there is a recognized relationship between size and price. Larger magnitude sales will almost universally sell for less per unit of measure than smaller magnitude sales, although this factor can sometimes be offset to some extent by other elements of comparison.

The valuation analyses are summarized in the following ranking array. The sales are arranged in descending order by sale price per acre. In such an array, the indicated value for the subject is shown on the following page below those which require downward adjustment, and above those which require upward adjustment.

LOYALTON RANCH PROPERTY

LAND VALUATION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 37

RANKING ARRAY
Reconciliation and Conclusion
The sales reflect range of $315 to $839 per acre. Magnitude of sale, elevation and proximity to urban areas are all significant factors in the analysis. A reasonable value for the subject will be toward the lower end of the reflected range.

Sale 7 is the lowest indicator and is least recent, but it constitutes a large ranch sale at a similar elevation. A reasonable value for the subject would be higher than the indication from Sale 7 due to upward adjustment for its larger magnitude along with an upward adjustment for improved market conditions. All of the other sales require downward overall adjustment.

Sales 2, 3 and 7 are most similar for location in northeast California. These three sales reflect a range from $315 to $594 per acre. Sales 2 and 3 are significantly smaller and downward adjustment is required for this factor.

Overall, a value of $425 per acre is concluded.

Sales Comparison Approach Conclusion
Overall, we have concluded that the value of the subject property, as of the effective date of value of April 1, 2022, can be calculated on the basis of $425 per acre. This figure results in a value indication of $4,370,000.

No. Location Sale Date Size (Acres) Elevation Price/Acre Comment 5 Diamond X Ranch Oct-19 9,535.00 225'-400' $839 Significant downward adjustments for location and lower elevation outweighs all other factors.
4 Beard Family Ranch Jul-20 5,668.17 1,400'-4,200' $750 Downward adjustments for smaller magnitude, lower elevation and superior location attributes
6 Pine Ranch Sep-19 9,493.45 600'-1,700' $737 Significant downward adjustment for lower elevation and location.
3 Roberts Ranch Aug-20 2,358.00 4,200' $594 Downward adjustment for smaller magnitude 2 Brownell Lava Bed
Road
Sep-21 1,360.00 4,200'-4,400' $540 Downward adjustment for smaller magnitude 1 Portion of Douglas
Montgomery Ranch
Mar-22 4,805.02 1,700'-5,000' $495 Downward adjustment for smaller magnitude, lower elevation and superior location attributes
Subject Loyalton Ranch Apr-22 10,273.95 5,000'-7,000' $425 Three acreage components of 4,272, 3,582 and 2,419
acres with the larger portions having access from a
public road, and the third being very remote and
accessible only via easement.
7 Dodge Ranch Jul-16 23,500.00 5,000'-6,000' $315 Upward adjustment for greater magnitude and slight upward adjustment for improved market conditions.

Total Acres 10,273.95
Value per Acre $425
Value Indication via Sales Comparison Approach $4,366,429 rounded $4,370,000
Value Indication via Sales Comparison Approach

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RECONCILIATION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 38 Reconciliation
Only one approach to value was considered applicable, therefore, no formal reconciliation is required.

The indicated value from the applicable approach and our concluded market value for the subject property are summarized in the following table.

The acceptance of this appraisal assignment and the completion of the appraisal report submitted herewith are subject to the General Assumptions and Limiting Conditions contained in the report. Our findings and conclusions are further contingent upon the following extraordinary assumptions and/or hypothetical conditions which might have affected the assignment results:

Extraordinary Assumptions:
• In terms of physical characteristics of the property, we relied on information provided by our client, along with public record information and technology platforms including google earth.

It is an extraordinary assumption of the appraisal that the information contained herein is accurate
• Legal access is assumed to exist for each of the three main property components. It is reported that the acreage has been used for grazing of livestock, and the acreage is thus assumed to be suitable for this use.

Hypothetical Conditions:
• None
Exposure Time and Marketing Period
Based on statistical information about days on market, escrow length, and marketing times gathered through national investor surveys, sales verification, and interviews of market participants, similar marketing and exposure time estimates of four to six months are considered reasonable and appropriate for the subject property..

Approach to Value As Is
Sales Comparison $4,370,000
Cost Not Applicable
Income Capitalization Not Applicable
Component As Is
Value Type Market Value
Property Rights Appraised Fee Simple Estate
Effective Date of Value April 1, 2022
Value Conclusion $4,370,000
$425 per acre
Value Indications
Value Conclusion

LOYALTON RANCH PROPERTY

GENERAL ASSUMPTIONS & LIMITING CONDITIONS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 39 General Assumptions and Limiting Conditions
This appraisal is subject to the following general assumptions and limiting conditions:

1. The legal description – if furnished to us – is assumed to be correct.

2. No responsibility is assumed for legal matters, questions of survey or title, soil or subsoil conditions, engineering, availability or capacity of utilities, or other similar technical matters. The appraisal does not constitute a survey of the property appraised. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear, under responsible ownership and competent management unless otherwise noted.

3. Unless otherwise noted, the appraisal will value the property as though free of contamination.

Valbridge Property Advisors | Northern California will conduct no hazardous materials or contamination inspection of any kind. It is recommended that the client hire an expert if the presence of hazardous materials or contamination poses any concern.

4. The stamps and/or consideration placed on deeds used to indicate sales are in correct relationship to the actual dollar amount of the transaction.

5. Unless otherwise noted, it is assumed there are no encroachments, zoning violations or restrictions existing in the subject property.

6. The appraiser is not required to give testimony or attendance in court by reason of this appraisal unless previous arrangements have been made.

7. Unless expressly specified in the engagement letter, the fee for this appraisal does not include the attendance or giving of testimony by Appraiser at any court, regulatory or other proceedings, or any conferences or other work in preparation for such proceeding. If any partner or employee of Valbridge Property Advisors | Northern California is asked or required to appear and/or testify at any deposition, trial, or other proceeding about the preparation, conclusions or any other aspect of this assignment, client shall compensate Appraiser for the time spent by the partner or employee in appearing and/or testifying and in preparing to testify according to the Appraiser’s then current hourly rate plus reimbursement of expenses.

8. The values for land and/or improvements, as contained in this report, are constituent parts of the total value reported and neither is (or are) to be used in making a summation appraisal of a combination of values created by another appraiser. Either is invalidated if so used.

9. The dates of value to which the opinions expressed in this report apply are set forth in this report.

We assume no responsibility for economic or physical factors occurring at some point at a later date, which may affect the opinions stated herein. The forecasts, projections, or operating estimates contained herein are based on current market conditions and anticipated short-term supply and demand factors and are subject to change with future conditions. Appraiser is not responsible for determining whether the date of value requested by Client is appropriate for Client’s intended use.

10. The sketches, maps, plats, and exhibits in this report are included to assist the reader in visualizing the property. The appraiser has made no survey of the property and assumed no responsibility in connection with such matters.

11. The information, estimates and opinions, which were obtained from sources outside of this office, are considered reliable. However, no liability for them can be assumed by the appraiser.

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GENERAL ASSUMPTIONS & LIMITING CONDITIONS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 40

12. Possession of this report, or a copy thereof, does not carry with it the right of publication. Neither all, nor any part of the content of the report, or copy thereof (including conclusions as to property value, the identity of the appraisers, professional designations, reference to any professional appraisal organization or the firm with which the appraisers are connected), shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval.

13. No claim is intended to be expressed for matters of expertise that would require specialized investigation or knowledge beyond that ordinarily employed by real estate appraisers. We claim no expertise in areas such as, but not limited to, legal, survey, structural, environmental, pest control, mechanical, etc.

14. This appraisal was prepared for the sole and exclusive use of the client for the function outlined herein. Any party who is not the client or intended user identified in the appraisal or engagement letter is not entitled to rely upon the contents of the appraisal without express written consent of Valbridge Property Advisors | Northern California and Client. The Client shall not include partners, affiliates, or relatives of the party addressed herein. The appraiser assumes no obligation, liability, or accountability to any third party.

15. Distribution of this report is at the sole discretion of the client, but third-parties not listed as an intended user on the face of the appraisal, or the engagement letter may not rely upon the contents of the appraisal. In no event shall client give a third-party a partial copy of the appraisal report. We will make no distribution of the report without the specific direction of the client.

16. This appraisal shall be used only for the function outlined herein, unless expressly authorized by Valbridge Property Advisors | Northern California.

17. This appraisal shall be considered in its entirety. No part thereof shall be used separately or out of context.

18. Unless otherwise noted in the body of this report, this appraisal assumes that the subject property does not fall within the areas where mandatory flood insurance is effective. Unless otherwise noted, we have not completed, nor have we contracted to have completed an investigation to identify and/or quantify the presence of non-tidal wetland conditions on the subject property. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination.

19. The flood maps are not site specific. We are not qualified to confirm the location of the subject property in relation to flood hazard areas based on the FEMA Flood Insurance Rate Maps or other surveying techniques. It is recommended that the client obtain a confirmation of the subject property’s flood zone classification from a licensed surveyor.

20. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures which would render it more or less valuable. No responsibility is assumed for such conditions or for engineering which may be required to discover them.

21. Our inspection included an observation of the land and improvements thereon only. It was not possible to observe conditions beneath the soil or hidden structural components within the improvements. We inspected the buildings involved, and reported damage (if any) by termites, dry rot, wet rot, or other infestations as a matter of information, and no guarantee of the amount or degree of damage (if any) is implied. Condition of heating, cooling, ventilation, electrical and plumbing equipment is considered to be commensurate with the condition of the balance of the improvements unless otherwise stated. Should the client have concerns in these areas, it is the client’s responsibility to order the appropriate inspections. The appraiser does not have the skill or expertise to make such inspections and assumes no responsibility for these items.

LOYALTON RANCH PROPERTY

GENERAL ASSUMPTIONS & LIMITING CONDITIONS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 41

22. This appraisal does not guarantee compliance with building code and life safety code requirements of the local jurisdiction. It is assumed that all required licenses, consents, certificates of occupancy or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value conclusion contained in this report is based unless specifically stated to the contrary.

23. When possible, we have relied upon building measurements provided by the client, owner, or associated agents of these parties. In the absence of a detailed rent roll, reliable public records, or “as-built” plans provided to us, we have relied upon our own measurements of the subject improvements. We follow typical appraisal industry methods; however, we recognize that some factors may limit our ability to obtain accurate measurements including, but not limited to, property access on the day of inspection, basements, fenced/gated areas, grade elevations, greenery/shrubbery, uneven surfaces, multiple story structures, obtuse or acute wall angles, immobile obstructions, etc. Professional building area measurements of the quality, level of detail, or accuracy of professional measurement services are beyond the scope of this appraisal assignment.

24. We have attempted to reconcile sources of data discovered or provided during the appraisal process, including assessment department data. Ultimately, the measurements that are deemed by us to be the most accurate and/or reliable are used within this report. While the measurements and any accompanying sketches are considered to be reasonably accurate and reliable, we cannot guarantee their accuracy. Should the client desire more precise measurement, they are urged to retain the measurement services of a qualified professional (space planner, architect or building engineer) as an alternative source. If this alternative measurement source reflects or reveals substantial differences with the measurements used within the report, upon request of the client, the appraiser will submit a revised report for an additional fee.

25. In the absence of being provided with a detailed land survey, we have used assessment department data to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, upon request of the client, the appraiser will submit a revised report for an additional fee.

26. If only preliminary plans and specifications were available for use in the preparation of this appraisal, and a review of the final plans and specifications reveals substantial differences upon request of the client the appraiser will submit a revised report for an additional fee.

27. Unless otherwise stated in this report, the value conclusion is predicated on the assumption that the property is free of contamination, environmental impairment, or hazardous materials. Unless otherwise stated, the existence of hazardous material was not observed by the appraiser and the appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea-formaldehyde foam insulation or other potentially hazardous materials may affect the value of the property. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required for discovery. The client is urged to retain an expert in this field, if desired.

28. The Americans with Disabilities Act (“ADA”) became effective January 26, 1992. We have not made a specific compliance survey of the property to determine if it is in conformity with the various requirements of the ADA. It is possible that a compliance survey of the property, together with an analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the Act. If so, this could have a negative effect on the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in developing an opinion of value.

LOYALTON RANCH PROPERTY

GENERAL ASSUMPTIONS & LIMITING CONDITIONS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 42

29. This appraisal applies to the land and building improvements only. The value of trade fixtures, furnishings, and other equipment, or subsurface rights (minerals, gas, and oil) were not considered in this appraisal unless specifically stated to the contrary.

30. No changes in any federal, state, or local laws, regulations, or codes (including, without limitation, the Internal Revenue Code) are anticipated, unless specifically stated to the contrary.

31. The data gathered in the course of this assignment (except data furnished by the Client) shall remain the property of the Appraiser. The appraiser will not violate the confidential nature of the appraiserclient relationship by improperly disclosing any confidential information furnished to the appraiser.

Notwithstanding the foregoing, the Appraiser is authorized by the client to disclose all or any portion of the appraisal and related appraisal data to appropriate representatives of the Appraisal Institute if such disclosure is required to enable the appraiser to comply with the Bylaws and Regulations of such Institute now or hereafter in effect.

32. You and Valbridge Property Advisors | Northern California both agree that any dispute over matters in excess of $5,000 will be submitted for resolution by arbitration. This includes fee disputes and any claim of malpractice. The arbitrator shall be mutually selected. If Valbridge Property Advisors | Northern California and the client cannot agree on the arbitrator, the presiding head of the Local County Mediation & Arbitration panel shall select the arbitrator. Such arbitration shall be binding and final. In agreeing to arbitration, we both acknowledge that, by agreeing to binding arbitration, each of us is giving up the right to have the dispute decided in a court of law before a judge or jury.

In the event that the client, or any other party, makes a claim against Valbridge Property Advisors | Northern California or any of its employees in connections with or in any way relating to this assignment, the maximum damages recoverable by such claimant shall be the amount actually received by Valbridge Property Advisors | Northern California for this assignment, and under no circumstances shall any claim for consequential damages be made.

33. Valbridge Property Advisors | Northern California shall have no obligation, liability, or accountability to any third party. Any party who is not the “client” or intended user identified on the face of the appraisal or in the engagement letter is not entitled to rely upon the contents of the appraisal without the express written consent of Valbridge Property Advisors | Northern California. “Client” shall not include partners, affiliates, or relatives of the party named in the engagement letter. Client shall hold Valbridge Property Advisors | Northern California and its employees harmless in the event of any lawsuit brought by any third party, lender, partner, or part-owner in any form of ownership or any other party as a result of this assignment. The client also agrees that in case of lawsuit arising from or in any way involving these appraisal services, client will hold Valbridge Property Advisors | Northern California harmless from and against any liability, loss, cost, or expense incurred or suffered by Valbridge Property Advisors | Northern California in such action, regardless of its outcome.

34. The Valbridge Property Advisors office responsible for the preparation of this report is independently owned and operated by Valbridge Property Advisors | Hulberg & Associates, Inc.

Neither Valbridge Property Advisors, Inc., nor any of its affiliates has been engaged to provide this report. Valbridge Property Advisors, Inc. does not provide valuation services, and has taken no part in the preparation of this report.

35. If any claim is filed against any of Valbridge Property Advisors, Inc., a Florida Corporation, its affiliates, officers or employees, or the firm providing this report, in connection with, or in any way arising out of, or relating to, this report, or the engagement of the firm providing this report, then (1) under no circumstances shall such claimant be entitled to consequential, special or other damages, except only for direct compensatory damages, and (2) the maximum amount of such compensatory damages recoverable by such claimant shall be the amount actually received by the firm engaged to provide this report.

LOYALTON RANCH PROPERTY

GENERAL ASSUMPTIONS & LIMITING CONDITIONS
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 43

36. This report and any associated work files may be subject to evaluation by Valbridge Property Advisors, Inc., or its affiliates, for quality control purposes.

37. Acceptance and/or use of this appraisal report constitutes acceptance of the foregoing general assumptions and limiting conditions.

38. The global outbreak of a "novel coronavirus" (known as COVID-19) was officially declared a pandemic by the World Health Organization (WHO). It is currently unknown what full effect this event may have on the national economy, the local economy, or the market in which the subject property is located. The reader is cautioned and reminded that the conclusions presented in this appraisal report apply only as of the effective date(s) indicated. The appraiser makes no representation as to the effect on the subject property of this event, or any event, subsequent to the effective date of the appraisal.

LOYALTON RANCH PROPERTY

CERTIFICATION
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 44 Certification – John A. Hillas, MAI, SRA
I certify that, to the best of my knowledge and belief:

1. The statements of fact contained in this report are true and correct.

2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.

3. I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved.

4. The undersigned has performed services as an appraiser regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.

5. I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.

6. My engagement in this assignment was not contingent upon developing or reporting predetermined results.

7. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.

8. My analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice.

9. John A. Hillas has not personally inspected the subject property.

10. No one provided significant real property appraisal assistance to the person signing this certification.

11. The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute.

12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.

13. As of the date of this report, the undersigned has completed the continuing education program for Designated Members of the Appraisal Institute.

John A. Hillas, MAI, SRA
Managing Director
California Certified License #AG002432

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ADDENDA
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 45 Addenda
Glossary
Qualifications
• John A. Hillas, MAI, SRA - Managing Director
Information on Valbridge Property Advisors
Office Locations

LOYALTON RANCH PROPERTY

ADDENDA
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 46 Glossary
Definitions are taken from The Dictionary of Real Estate Appraisal, 6th Edition (Dictionary), the Uniform Standards of Professional Appraisal Practice (USPAP) and Building Owners and Managers Association International (BOMA).

Absolute Net Lease
A lease in which the tenant pays all expenses including structural maintenance, building reserves, and
management, often a long-term lease to a credit tenant. (Dictionary)
Amortization
The process of retiring a debt or recovering a capital
investment, typically through scheduled, systematic
repayment of the principal; a program of periodic
contributions to a sinking fund or debt retirement fund. (Dictionary)
As Is Market Value
The estimate of the market value of real property in its current physical condition, use, and zoning as of the
appraisal date. (Dictionary)
Base Rent
The minimum rent stipulated in a lease. (Dictionary)
Base Year
The year on which escalation clauses in a lease are based. (Dictionary)
Building Common Area
In office buildings, the areas of the building that provide services to building tenants but which are not included in the office area or store area of any specific tenant. These areas may include, but shall not be limited to, main and auxiliary lobbies, atrium spaces at the level of the finished floor, concierge areas or security desks, conference
rooms, lounges or vending areas, food service facilities, health or fitness centers, daycare facilities, locker or shower facilities, mail rooms, fire control rooms, fully enclosed courtyards outside the exterior walls, and
building core and service areas such as fully enclosed
mechanical or equipment rooms. Specifically excluded
from building common area are floor common areas,
parking space, portions of loading docks outside the
building line, and major vertical penetrations. (BOMA)
Building Rentable Area
The sum of all floor rentable areas. Floor rentable area is the result of subtracting from the gross measured area of a floor the major vertical penetrations on that same floor.

It is generally fixed for the life of the building and is rarely affected by changes in corridor size or configuration.
(BOMA)
Bulk Value
The value of multiple units, subdivided plots, or
properties in a portfolio as though sold together in a
single transaction.

Certificate of Occupancy (COO)
A formal written acknowledgment by an appropriate unit
of local government that a new construction or
renovation project is at the stage where it meets
applicable health and safety codes and is ready for
commercial or residential occupancy. (Dictionary)
Common Area Maintenance (CAM)
The expense of operating and maintaining common
areas; may or may not include management charges and
usually does not include capital expenditures on tenant improvements or other improvements to the property.
(Dictionary)
The amount of money charged to tenants for their shares of maintaining a [shopping] center’s common area. The
charge that a tenant pays for shared services and facilities such as electricity, security, and maintenance of parking lots. Items charged to common area maintenance may
include cleaning services, parking lot sweeping and
maintenance, snow removal, security and upkeep. (ICSC – International Council of Shopping Centers, 4th Ed.)
Condominium
A multiunit structure, or a unit within such a structure, with a condominium form of ownership. (Dictionary)
Conservation Easement
An interest in real estate restricting future land use to preservation, conservation, wildlife habitat, or some
combination of those uses. A conservation easement may
permit farming, timber harvesting, or other uses of a rural nature as well as some types of conservation-oriented
development to continue, subject to the easement.
(Dictionary)
Contributory Value
A type of value that reflects the amount a property or
component of a property contributes to the value of
another asset or to the property as a whole.

The change in the value of a property as a whole, whether positive or negative, resulting from the addition or
deletion of a property component. Also called deprival
value in some countries. (Dictionary)

LOYALTON RANCH PROPERTY

ADDENDA
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 47 Debt Coverage Ratio (DCR)
The ratio of net operating income to annual debt service (DCR = NOI/Im), which measures the relative ability of a property to meet its debt service out of net operating
income; also called debt service coverage ratio (DSCR). A larger DCR typically indicates a greater ability for a
property to withstand a reduction of income, providing
an improved safety margin for a lender. (Dictionary)
Deed Restriction
A provision written into a deed that limits the use of land.

Deed restrictions usually remain in effect when title
passes to subsequent owners. (Dictionary)
Depreciation
In appraisal, a loss in property value from any cause; the difference between the cost of an improvement on the
effective date of the appraisal and the market value of the improvement on the same date.

In accounting, an allocation of the original cost of an asset, amortizing the cost over the asset’s life; calculated using a variety of standard techniques. (Dictionary)
Disposition Value
The most probable price that a specified interest in
property should bring under the following conditions:
• Consummation of a sale within a specified time, which is shorter than the typical exposure time for such a
property in that market.
• The property is subjected to market conditions
prevailing as of the date of valuation;
• Both the buyer and seller are acting prudently and
knowledgeably;
• The seller is under compulsion to sell;
• The buyer is typically motivated;
• Both parties are acting in what they consider to be
their best interests;
• An adequate marketing effort will be made during the
exposure time;
• Payment will be made in cash in U.S. dollars (or the
local currency) or in terms of financial arrangements
comparable thereto; and
• The price represents the normal consideration for the property sold, unaffected by special or creative
financing or sales concessions granted by anyone
associated with the sale. (Dictionary)
Double Net (Net Net) Lease
An alternative term for a type of net lease. In some
markets, a net net lease is defined as a lease in which the tenant is responsible to pay both property taxes and
premiums for insuring the building(s). (Valbridge)
(The market definition of a double net lease varies
depending on the market)
Easement
The right to use another’s land for a stated purpose.
(Dictionary)
EIFS
Exterior Insulation Finishing System. This is a type of exterior wall cladding system. Sometimes referred to as dry-vit.

Effective Date
The date on which the appraisal or review opinion applies. (SVP)
In a lease document, the date upon which the lease goes into effect. (Dictionary)
Effective Gross Income (EGI)
The anticipated income from all operations of the real
estate after an allowance is made for vacancy and
collection losses and an addition is made for any other income. (Dictionary)
Effective Rent
Total base rent, or minimum rent stipulated in a lease, over the specified lease term minus rent concessions; the rent that is effectively paid by a tenant net of financial concessions provided by a landlord. (TIs). (Dictionary) EPDM
Ethylene Propylene Diene Monomer Rubber. A type of
synthetic rubber typically used for roof coverings.
(Dictionary)
Escalation Clause
A clause in an agreement that provides for the
adjustment of a price or rent based on some event or
index. e.g., a provision to increase rent if operating
expenses increase; also called escalator clause, expense recovery clause or stop clause. (Dictionary)
Estoppel Certificate
A signed statement by a party (such as a tenant or a
mortgagee) certifying, for another’s benefit, that certain facts are correct, such as that a lease exists, that there are no defaults, and that rent is paid to a certain date.
(Black’s) In real estate, a buyer of rental property typically requests estoppel certificates from existing tenants.

Sometimes referred to as an estoppel letter. (Dictionary) Excess Land
Land that is not needed to serve or support the existing use. The highest and best use of the excess land may or

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 48 may not be the same as the highest and best use of the
improved parcel. Excess land has the potential to be sold separately and is valued separately. (Dictionary)
Excess Rent
The amount by which contract rent exceeds market rent
at the time of the appraisal; created by a lease favorable to the landlord (lessor) and may reflect unusual
management, unknowledgeable or unusually motivated
parties, a lease execution in an earlier, stronger rental market, or an agreement of the parties. (Dictionary)
Expense Stop
A clause in a lease that limits the landlord’s expense
obligation, which results in the lessee paying operating expenses above a stated level or amount. (Dictionary)
Exposure Time
The time a property remains on the market.

The estimated length of time that the property interest being appraised would have been offered on the market
prior to the hypothetical consummation of a sale at
market value on the effective date of the appraisal;
Comment: Exposure time is a retrospective opinion
based on an analysis of past events assuming a
competitive and open market. (Dictionary)
Extraordinary Assumption
An assignment-specific assumption as of the effective
date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.

Comment: Uncertain information might include physical,
legal, or economic characteristics of the subject property; or conditions external to the property, such as market
conditions or trends; or the integrity of data used in an analysis. (USPAP)
Fee Simple Estate
Absolute ownership unencumbered by any other interest
or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain,
police power, and escheat. (Dictionary)
Floor Common Area
In an office building, the areas on a floor such as
washrooms, janitorial closets, electrical rooms, telephone rooms, mechanical rooms, elevator lobbies, and public
corridors which are available primarily for the use of
tenants on that floor. (BOMA)
Full Service (Gross) Lease
A lease in which the landlord receives stipulated rent and is obligated to pay all of the property’s operating and fixed expenses; also called a full service lease. (Dictionary) Furniture, Fixtures, and Equipment (FF&E)
Business trade fixtures and personal property, exclusive of inventory. (Dictionary)
Going-Concern Value
An outdated label for the market value of all the tangible and intangible assets of an established and operating
business with an indefinite life, as if sold in aggregate; more accurately termed the market value of the going
concern or market value of the total assets of the business. (Dictionary)
Gross Building Area (GBA)
Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the abovegrade area. This includes mezzanines and basements if and when typically included in the market area of the type of property involved.

Gross leasable area plus all common areas.

For residential space, the total area of all floor levels measured from the exterior of the walls and including the superstructure and substructure basement; typically does not include garage space. (Dictionary)
Gross Measured Area
The total area of a building enclosed by the dominant
portion (the portion of the inside finished surface of the permanent outer building wall which is 50 percent or
more of the vertical floor-to-ceiling dimension, at the given point being measured as one moves horizontally
along the wall), excluding parking areas and loading
docks (or portions of same) outside the building line. It is generally not used for leasing purposes and is calculated on a floor by floor basis. (BOMA)
Gross Up Method
A method of calculating variable operating expenses in
income-producing properties when less than 100%
occupancy is assumed. Expenses reimbursed based on
the amount of occupied space, rather than on the total
building area, are described as “grossed up.” (Dictionary) Gross Retail Sellout
The sum of the separate and distinct market value
opinions for each of the units in a condominium,
subdivision development, or portfolio of properties, as of the date of valuation. The aggregate of retail values does not represent the value of all the units as though sold together in a single transaction; it is simply the total of the individual market value conclusions. Also called the aggregate of the retail values, aggregate retail selling price or sum of the retail values. (Dictionary)
Ground Lease
A lease that grants the right to use and occupy land.

Improvements made by the ground lessee typically revert

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 49 to the ground lessor at the end of the lease term.
(Dictionary)
Ground Rent
The rent paid for the right to use and occupy land
according to the terms of a ground lease; the portion of the total rent allocated to the underlying land.
(Dictionary)
HVAC
Heating, ventilation, air conditioning (HVAC) system. A unit that regulates the temperature and distribution of heat and fresh air throughout a building. (Dictionary)
Highest and Best Use
The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical
possibility, financial feasibility, and maximum
productivity.

The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible.

The highest and best use may be for continuation of an
asset’s existing use of for some alternative use. This is determined by the use that a market participant would
have in mind for the asset when formulating the price that it would be willing to bid. (IVS)
[The] highest and most profitable use for which the
property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal
Standards for Federal Land Acquisitions) (Dictionary)
Hypothetical Condition
A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to
exist on the effective date of the assignment results but is used for the purpose of analysis.

Comment: Hypothetical conditions are contrary to
known facts about physical, legal, or economic
characteristics of the subject property; or about
conditions external to the property, such as market
conditions or trends; or about the integrity of data used in an analysis. (USPAP)
Insurable Value
A type of value for insurance purposes. (Typically this includes replacement cost less basement excavation,
foundation, underground piping, and architect’s fees).
(Dictionary)
Investment Value
The value of a property to a particular investor or class of investors based on the investor’s specific requirements.

Investment value may be different from market value
because it depends on a set of investment criteria that are not necessarily typical of the market. (Dictionary)
Just Compensation
In condemnation, the amount of loss for which a property owner is compensated when his or her property is taken.

Just compensation should put the owner in as good a
position pecuniarily as he or she would have been if the property had not been taken. (Dictionary)
Leased Fee Interest
The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires.
(Dictionary)
Leasehold Interest
The right held by the lessee to use and occupy real estate for a stated term and under the conditions specified in the lease. (Dictionary)
See also Positive Leasehold and Negative Leasehold.

Lessee (Tenant)
One who has the right to occupancy and use of the
property of another for a period of time according to a lease agreement. (Dictionary)
Lessor (Landlord)
One who conveys the rights of occupancy and use to
others under a lease agreement. (Dictionary)
Liquidation Value
The most probable price that a specified interest in
property should bring under the following conditions:
• Consummation of a sale within a short time period.
• The property is subjected to market conditions
prevailing as of the date of valuation.
• Both the buyer and seller are acting prudently and
knowledgeably.
• The seller is under extreme compulsion to sell.
• The buyer is typically motivated.
• Both parties are acting in what they consider to be
their best interests.
• A normal marketing effort is not possible due to the
brief exposure time.
• Payment will be made in cash in U.S. dollars (or the
local currency) or in terms of financial arrangements
comparable thereto.

The price represents the normal consideration for the
property sold, unaffected by special or creative financing or sales concessions granted by anyone associated with
the sale. (Dictionary)

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 50 Loan to Value Ratio (LTV)
The ratio between a mortgage loan and the value of the
property pledged as security, usually expressed as a
percentage. (Dictionary)
Major Vertical Penetrations
Stairs, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls. Atria, lightwells and similar penetrations above the finished floor are included in this definition. Not included, however, are vertical penetrations built for the private use of a tenant
occupying office areas on more than one floor. Structural columns, openings for vertical electric cable or telephone distribution, and openings for plumbing lines are not
considered to be major vertical penetrations. (BOMA)
Market Rent
The most probable rent that a property should bring in a competitive and open market under all the conditions
requisite to a fair lease transaction, the lessee, and the lessor each acting prudently and knowledgeably, and
assuming the rent is not affected by undue stimulus.

Implicit in this definition is the execution of a lease as of a specified date under conditions whereby:

Lessee and lessor are typically motivated;
Both parties are well informed or well advised, and acting in what they consider their best interests;
Payment is made in terms of cash or in terms of financial arrangements comparable thereto; and
The rent reflects specified terms and conditions, such as permitted uses, use restrictions, expense obligations,
duration, concessions, rental adjustments and
revaluations, renewal and purchase options, and tenant
improvements (TIs). (Appraisal Institute)
Market Value
The most probable price that a property should bring in a competitive and open market under all condition’s
requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is
not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
• Buyer and seller are typically motivated;
• Both parties are well informed or well advised, and
acting in what they consider their own best interests;
• A reasonable time is allowed for exposure in the open market;
• Payment is made in terms of cash in United States
dollars or in terms of financial arrangements
comparable thereto; and
• The price represents the normal consideration for the property sold unaffected by special or creative
financing or sales concessions granted by anyone
associated with the sale. (Dictionary)
Marketing Time
An opinion of the amount of time it might take to sell a real or personal property interest at the concluded
market value level during the period immediately after
the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Opinion 7 of the Appraisal Standards Board of the Appraisal
Foundation)
Master Lease
A lease in which the fee owner leases a part or the entire property to a single entity (the master lease) in return for a stipulated rent. The master lessee then leases the
property to multiple tenants. (Dictionary)
Modified Gross Lease
A lease in which the landlord receives stipulated rent and is obligated to pay some, but not all, of the property’s operating and fixed expenses. Since assignment of
expenses varies among modified gross leases, expense
responsibility must always be specified. In some markets, a modified gross lease may be called a double net lease, net net lease, partial net lease, or semi-gross lease.
(Dictionary)
Negative Leasehold
A lease situation in which the market rent is less than the contract rent. (Dictionary)
Operating Expense Ratio
The ratio of total operating expenses to effective gross income (TOE/EGI); the complement of the net income
ratio, i.e., OER = 1 – NIR (Dictionary)
Option
A legal contract, typically purchased for a stated
consideration, that permits but does not require the
holder of the option (known as the optionee) to buy, sell, or lease real estate for a stipulated period of time in accordance with specified terms; a unilateral right to
exercise a privilege. (Dictionary)
Partial Interest
Divided or undivided rights in real estate that represent less than the whole, i.e., a fractional interest such as a tenancy in common, easement, or life interest.
(Dictionary)
Pass Through
A tenant’s portion of operating expenses that may be
composed of common area maintenance (CAM), real
property taxes, property insurance, and any other
expenses determined in the lease agreement to be paid
by the tenant. (Dictionary)

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 51 Percentage Lease
A lease in which the rent or some portion of the rent
represents a specified percentage of the volume of
business, productivity, or use achieved by the tenant.
(Dictionary)
Positive Leasehold
A lease situation in which the market rent is greater than the contract rent. (Dictionary)
Potential Gross Income (PGI)
The total income attributable to property at full
occupancy before vacancy and operating expenses are
deducted. (Dictionary)
Prospective Future Value Upon Completion
A prospective market value may be appropriate for the
valuation of a property interest related to a credit
decision for a proposed development or renovation
project. According to USPAP, an appraisal with a
prospective market value reflects an effective date that is subsequent to the date of the appraisal report. … The
prospective market value –as completed- reflects the
property’s market value as of the time that development is expected to be complete. (Dictionary)
Prospective Future Value Upon Stabilization
A prospective market value may be appropriate for the
valuation of a property interest related to a credit
decision for a proposed development or renovation
project. According to USPAP, an appraisal with a
prospective market value reflects an effective date that is subsequent to the date of the appraisal report …The
prospective market value – as stabilized – reflects the property’s market value as of the time the property is
projected to achieve stabilized occupancy. For an
income-producing property, stabilized occupancy is the
occupancy level that a property is expected to achieve
after the property is exposed to the market for lease over a reasonable period of time and at comparable terms and conditions to other similar properties. (Dictionary)
Replacement Cost
The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other
improvements, using modern materials and current
standards, design, and layout. (Dictionary)
Reproduction Cost
The estimated cost to construct, at current prices as of the effective date of the appraisal, an exact duplicate or
replica of the building being appraised, using the same materials, construction standards, design, layout, and
quality of workmanship and embodying all of the
deficiencies, superadequacies, and obsolescence of the
subject building. (Dictionary)
Retrospective Value Opinion
A value opinion effective as of a specified historical date.

The term retrospective does not define a type of value.

Instead, it identifies a value opinion as being effective at some specific prior date. Value as of a historical date is frequently sought in connection with property tax
appeals, damage models, lease renegotiation, deficiency judgments, estate tax, and condemnation. Inclusion of
the type of value with this term is appropriate, e.g.,
“retrospective market value opinion.” (Dictionary)
Sandwich Leasehold Estate
The interest held by the sandwich leaseholder when the
property is subleased to another party, a type of
leasehold estate. (Dictionary)
Sublease
An agreement in which the lessee in a prior lease conveys the right of use and occupancy of a property to another, the sublessee, for a specific period of time, which may or may not be coterminous with the underlying lease term.
(Dictionary)
Subordination
A contractual arrangement in which a party with a claim to certain assets agrees to make his or her claim junior, or subordinate, to the claims of another party. (Dictionary) Surplus Land
Land that is not currently needed to support the existing use but cannot be separated from the property and sold
off for another use. Surplus land does not have an
independent highest and best use and may or may not
contribute value to the improved parcel. (Dictionary)
TPO
Thermoplastic polyolefin, a resilient synthetic roof
covering.

Triple Net (Net Net Net) Lease
An alternative term for a type of net lease. In some
markets, a net net net lease is defined as a lease in which the tenant assumes all expenses (fixed and variable) of operating a property except that the landlord is
responsible for structural maintenance, building reserves, and management; also called NNN lease, net net net
lease, or fully net lease. (Dictionary)
(The market definition of a triple net lease varies; in some cases tenants pay for items such as roof repairs, parking lot repairs, and other similar items.)
Usable Area
The measured area of an office area, store area, or
building common area on a floor. The total of all the
usable areas for a floor shall equal floor usable area of that same floor. (BOMA)

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 52 Value-in-Use
The value of a property assuming a specific use, which
may or may not be the property’s highest and best use
on the effective date of the appraisal. Value in use may or may not be equal to market value but is different
conceptually. (Dictionary)
VTAB
Value of the Total Assets of a Business. The value of a going concern (i.e. the business enterprise). (Dictionary)

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 53 Qualifications

LOYALTON RANCH PROPERTY

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 54 Qualifications of John A. Hillas, MAI, SRA
Managing Director
Valbridge Property Advisors | Northern California
Independent Valuations for a Variable World
State Certifications
Certified General RE Appraiser
-State of California AG002432
-State of Alaska 165129
Memberships/Affiliations/Honors
MAI, SRA Member Appraisal Institute; Northern California and Alaska Chapters
2012 Chair Appraisal Institute Fall Conference
2009, 2020-21 Chair Appraisal Institute Spring Conference 2008 Chair Appraisal Institute Region One
2007-08 Director Appraisal Institute Board of Directors 2004 President Northern CA Chapter, Appraisal Institute 1998 President Sierra Chapter, Appraisal Institute
Associate Member American Society of Farm Managers & Rural Appraisers (ASFMRA)
Expert Witness Superior Courts of Stanislaus, San Joaquin, Merced, Placer, Sacramento, Fresno,
Tuolumne, and San Mateo Counties
Appraisal Institute Related Courses & Examinations Passed Appraisal Institute: All courses and examinations required for the MAI and SRA designations, as well as thousands of hours of continuing education.

Speaking Engagements:

Nor-Cal Chapter, Appraisal Institute:

Authored/Presented Workshops:
• “Analyzing Operating Expenses”
• “Adjustments in Valuation Analyses”
• “Appraisal of Small Residential Income Properties”
• “Mastering Marshall – Using Marshall & Swift Cost Data” Risk Management Association (RMA) Central Valley Chapter:

Authored/Presented Workshop:
• “Real Estate Overview”
California Chapter, ASFMRA
Authored/Presented Workshop:
• “Valuation of Transitional Property”
San Joaquin County Assessor In-house Training:

Authored/Presented Seminar:
• “Valuation of Subdivision Properties”
Formal Education
B.B.A.

Business Administration
University of Oregon
A.A.S.

Business Administration
Anchorage Community College
Contact Details
209-623-1451 (p)
[email protected]
Valbridge Property Advisors |
Northern California
2813 Coffee Road, Suite E-2
Modesto, CA 95355
www.valbridge.com

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 55 Related Valuation Experience
Valuation experience includes all sorts of general commercial, industrial, retail, office, multiple-unit residential, existing, and proposed residential, commercial, and industrial subdivisions and transitional land, commercial and agricultural lands including large ranches, orchards, and cropland. Work has been performed for a wide variety of needs including estate planning/filing and gifting, condemnation and general litigation support, insurance casualty loss, and lending.

Managing Director
ValbridgePropertyAdvisors | Northern California (2013-Present) Modesto, California
Senior Vice President, Branch Manager
Hulberg & Associates, Inc. (2007-2013 joined to create Valbridge Property Advisors in 2013)
Modesto, California
Owner/Appraiser
Sierra Valuation Consultants (1996-2007) (acquired by Hulberg 2007)
Modesto, California
Senior Appraiser
National Valuation Consultants, Inc. (1995-1996)
Denver, Colorado
Senior Appraiser
San Francisco Federal Savings and Loan (1992-1995)
Modesto, California
Senior Appraiser
Private Real Estate Valuation Firm (1991-1992)
Modesto, California
Appraiser
Stockton Savings Bank (1987-1991)
Modesto, California
Appraiser
Hillas Appraisal Company (1980-1987)
Homer, Alaska

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 56 Valbridge Property Advisors Information / Office Locations

LOYALTON RANCH PROPERTY

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© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 57

LOYALTON RANCH PROPERTY

ADDENDA
© 2022 VALBRIDGE PROPERTY ADVISORS | Northern California Page 58 Resolution/To Declare the Vacant Loyalton Ranch Property as Surplus Land Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

TO DECLARE THE VACANT LOYALTON RANCH PROPERTY
(APPROXIMATELY 10,273.95 ACRES) OWNED BY THE CITY AS

SURPLUS LAND
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City is the owner of approximately 10,273.95 acres of land commonly known as Loyalton Ranch located in Sierra County and Lassen County, about 30 miles north of Truckee, California and about 20 miles northwest of Reno, Nevada (the “Property”); and WHEREAS, the City purchased the property with electric utility funds in 1977 for $1,613,850 or approximately $157/acre with the intent to use the Property for potential electric utility generation uses, and the City’s Electrical Department, doing business as Silicon Valley Power, is responsible for the maintenance of the property; and WHEREAS, the Property has not been suitable or used for its intended purpose and in August 2020, the Loyalton Fire burned approximately 90% of the Property and the City does not desire to use the Property for utility purposes in the future; and WHEREAS, the Surplus Land Act (“SLA”) requires that before a local agency takes any action to sell or lease its property, it must declare the property to be either “surplus land” or “exempt surplus land;” and
WHEREAS, “surplus land” means land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular meeting declaring that such land is surplus and is not necessary for the agency’s use; and WHEREAS, the City owns the Property in fee simple, the City does not currently use the Property, and the City has no written or adopted plan for future use of the Property, so the Property is no longer necessary for the City’s use or operations; and WHEREAS, along with declaring the property surplus, the SLA also requires the City to give written notice of the availability of the Property to certain groups and entities prior to disposing of Resolution/To Declare the Vacant Loyalton Ranch Property as Surplus Land Page 2 of 3 Rev: 11/22/17
the Property; and
WHEREAS, the City Council therefore finds that the Property is surplus land as defined by the SLA and is not necessary for the City’s use.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the aforementioned recitals are true and correct and are incorporated herein.

2. That the City Council finds that the Loyalton Ranch Property containing approximately 10,273.95 acres in Sierra County and Lassen County is surplus land as defined in the Surplus Land Act (Gov. Code sections 54220 et seq.) and is not necessary for City use.

3. That the City Council finds that the declaration that the Property is surplus land is exempt from the California Environmental Quality Act ("CEQA") (Public Resources Code § 21000, et seq.) pursuant to State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), 15378, and 15061(b)(3), as the declaration and activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, the declaration and activity are not a "project" as defined in CEQA, and it can be seen with certainty that there is no possibility that the declaration and activity will have a significant effect on the environment because no development or construction is proposed.

4. That the City’s officers and staff are hereby authorized to do all which may be deemed necessary or proper to effectuate the purpose of this Resolution, including but not limited to issuance of a Notice of Availability to the required entities and negotiation for the sale of the Property in accordance with the SLA.
///
///
///
///
///
Resolution/To Declare the Vacant Loyalton Ranch Property as Surplus Land Page 3 of 3 Rev: 11/22/17

5. Effective date. This resolution shall become effective immediately.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2022, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
DRAFT
May ____, 2022
RE: Notice of Availability/Offer to Sell Surplus Property To All Interested Parties:

As required by Government Code Section 54220 of the State of California, the City of Santa Clara is providing notification that the City intends to sell the surplus property known as Loyalton Ranch (the “Property”). The Property is approximately 10,273.95 acres within both Sierra County and Lassen County and is further identified in Attachment A hereto.

In accordance with Government Code Section 54222, you have sixty (60) days from the date this offer was sent via certified mail or electronic mail to notify the City of your interest in acquiring the property. However, this offer shall not obligate the City to sell the Property to you. Instead, the City would enter into at least ninety (90) days of negotiations with you pursuant to Government Code Section 54223. If no agreement is reached on sales price and terms, the City may market the Property to the general public.

As required by Government Code Section 54227, if the City receives more than one letter of interest during this 60 day period, it will give first priority to entities proposing to develop housing where at least 25 percent of the units will be affordable to lower income households. If more than one such proposal is received, priority will be given to the proposal with the greatest number of affordable units. If more than one proposal specifies the same number of affordable units, priority will be given to the proposal that has the lowest average affordability level.

In the event your agency or company is interested in purchasing the property, you must notify the City in writing within sixty (60) days of the date this notice was sent via certified mail or electronic mail. Notice of your interest in acquiring the property shall be delivered to:

Manuel Pineda, Assistant City Manager/Chief Electric Utility Officer City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
You may also direct your questions to [email protected] or by calling Manuel Pineda at 408-615-2217.

Entities proposing to submit a letter of interest are advised to review the requirements set forth in the Surplus Land Act (Government Code Section 54220-54234).

ATTACHMENT A

LOYALTON RANCH PROPERTY DESCRIPTION
Property Location:

Latitude & Longitude:

Assessor Parcel Numbers:

Property Owner:

Site Information:

Zoning:

East of Loyalton and West of Cold Springs in Sierra and Lassen Counties

39.67918, -120.130868
147-040-02, 174-050-02, 147-050-03, 147-050-19, 147-050-20, 147-070-04, 147-070-05, 147-080-01, 147-080-03, 147-080-11, 147-080-14, 147-080-15, 016-070-012, 016-080-007,
016-080-008, 016-090-011, 016-090-059, 016-100-001,
016-100-004, 016-100-005, 016-100-006, 021-010-003,
021-010-006, 021-010-012, 021-010-013 and 021-020-001.

City of Santa Clara
General Forest, Mixed-industrial, Open Space (GF,MI,OS) FEMA Flood Map No. 06091 C0250C (02/02/2012)
Flood Zone: Zone X, Not a Designated Flood Prone Area
Gross Land Area: 10,273.950 acres
Usable Land Area: 10,273.950 acres
Sierra County Acres: 6,371.460 acres
Lassen County Acres: 3,902.490 acres
Total Land Area: 10,273.950 acres
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
22-670 Agenda Date: 5/24/2022

REPORT TO COUNCIL

SUBJECT
Action on a Council Written Request (Council Policy 030) Submitted by Councilmember Becker to Place an Agenda Item at a Future Council Meeting to Discuss Construction of New Lawn Bowl Facility to Follow Through on Past Promises

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any member of the public or Council may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council.

DISCUSSION
The City Clerk’s Office received a Council Written Request on October 11, 2021 submitted by Councilmember Becker requesting to place an agenda item at a future council meeting to discuss construction of new Lawn Bowl facility to follow through on past promises. At the October 19, 2021 City Council Meeting, this request was forwarded to the Council Priority Session on February 8, 2022 that was deferred to be heard at the Council Priority Session Continuation which was scheduled for March 1, 2022 and later cancelled. On May 4, 2022, Councilmember Becker requested to have this item heard before the next scheduled Priority Session and is requesting that the Council schedule this for an earlier discussion.
(Attachment 2).

FISCAL IMPACT
There is no fiscal impact associated with considering the request to be placed on a future agenda except for staff time.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is a administrative activity that will not result in direct or indirect physical changes to the environment.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board City of Santa Clara Page 1 of 2 Printed on 5/19/2022
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22-670 Agenda Date: 5/24/2022
outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any report to Council may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected].

ALTERNATIVES

1. Set a future Council meeting date to take action on the Written Petition received.

2. Take no action.

3. Any other City Council Action, as determined by the City Council.

RECOMMENDATION
Staff makes no recommendation.

Reviewed by: Nora Pimentel, Assistant City Clerk
Approved by: Rajeev Batra, City Manager

ATTACHMENTS

1. Policy and Procedure 030 - Adding an Item on the Agenda

2. Written Petition dated October 11, 2021 Submitted by Councilmember Becker City of Santa Clara Page 2 of 2 Printed on 5/19/2022
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RESOLUTION NO. 20-8895

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA TO REPEAL RESOLUTION NO. 20-8809,
AMEND COUNCIL POLICY 030 ENTITLED "ADDING AN ITEM
ON THE AGENDA," AND APPROVE THE COUNCIL ITEM

REQUEST FORM
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, amending the policy on adding an item on the agenda to establish a clear, effective and easily understood process for members of the City Council and the public to have items within the jurisdiction of the City Council placed on a meeting agenda; WHEREAS, the amended version of the Adding an Item on the Agenda policy expands on the current policy language by clearly stating that, when a written request is first considered, discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item; and,
WHEREAS, the amended Adding an Item on the Agenda policy, attached hereto as Attachment 1, includes a Council Item Request Form for the City Council's use when requesting an item for inclusion on a Council meeting agenda and adds the procedure for written requests from members of the City Council.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That Resolution No. 20-8809 is hereby rescinded in its entirety.

2. That amended Council Policy 030 entitled "Adding an Item on the Agenda" with the Council Item Request Form, attached hereto as Attachment 1, is hereby approved and adopted, and the City Manager is directed to number (and renumber, as appropriate) the Council Policy Manual such that they are organized in a logical fashion.

II
II
II
Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 1 of 2 Rev: 11 /22/17

3. Effective date. This resolution shall become effective immediately.

HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 27T" DAY OF OCTOBER, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS: Chahal, Davis, Hardy, O'Neill, and Watanabe, and Mayor Gillmor
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS: None
ATTEST:

ORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Amending Adding an Item on the Agenda Policy and Approving Council Item Request Form Page 2 of 2 Rev: 11!22/17
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ADDING AN ITEM ON THE AGENDA
City of Santa Clara
Council Policy Manual
PURPOSE To establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.

POLICY Members of the City Council:

The Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet. At the meeting where the request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item.

Referral from a Council Committee:

Council Committees may submit a written request to the City Manager's Office for inclusion of an item on a City Council agenda, provided the request is received two (2) days prior to the public release of the agenda packet.

Council Committees may bring forward a recommendation to the full City Council by way of the Committee minutes, which are typically prepared within three weeks following the Committee meeting.

Items Referred During a Council Meeting:

By Council action, an item may be referred to the City Manager for i nclusion on a City Council agenda. If the request requires further study of the item from staff, a full analysis shall be prepared at the direction of the City Manager with at least thirty (30) calendar days prior to the meeting, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an i nformational memo.

Revised 10/27/2020 CP 030 Page 1 of 3
Resolution No. 20-8895
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PROCEDURE

FOR WRITTEN

PETITIONS

ADDING AN ITEM ON THE AGENDA
Written Petitions and Public Presentations:

City of Santa Clara
Council Policy Manual
Any member of the public may submit a written request raising any issue or item within the subject matter jurisdiction of the City Council to be heard under the "Written Petition" section of the City Council's regular agenda within two (2) Council meetings after received. After the initial Written Petition is placed on the agenda, a majority vote of the City Council may add the item to a future Council meeting for action. Any member of the public may address the City Council under the "Public Presentations" section of the agenda. If the presentation includes a request of the Council, a majority vote of the City Council may refer the item to the City Manager to be properly added to a future meeting, in compliance with the Brown Act.

All requests to address the City Council shall be submitted in writing.

Written Petition forms are available for the petitioner's convenience on the City's website and in the City Manager's Office, City Clerk's Office, and the Mayor and Council Offices. Alternatively, an email may be submitted to clerkCa~santaclaraca.gov.

2. Once the Written Petition is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (request and any support material) will be submitted on the agenda i n the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.
an item should be added to an agenda and a date, not the merit of

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless othen~vise directed by the City Council. Discussion should be limited to whether the item.

Revised 10/27/2020 CP 030 Page 2 of 3
Resolution No. 20-8895
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ADDING AN ITEM ON THE AGENDA

PROCEDURE

FOR WRITTEN

REQUESTS

FROM CITY

COUNCIL
City of Santa Clara
Council Policy Manual

1. Members of the City Council shall use the Council Item Request Form to submit a written request for inclusion of an item on a future City Council agenda.

2. Once the Council Item Request Form is received by the City Clerk's Office, it should immediately be forwarded to the City Manager for placement on an agenda within two (2) Council meetings after receipt of the original request from the City Clerk's Office. All written material (Council Item Request Form and any support material) will be submitted on the agenda in the form substantially provided by the requester without any staff analysis, including fiscal review, legal review and policy review, until the City Council has had the opportunity to provide direction to the City Manager.

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. Discussion should be limited to whether an item should be added to an agenda and a date, not the merit of the item.

Attachments: Council Item Request Form
Revised 10/27/2020 CP 030 Page 3 of 3
Resolution No. 20-8895
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The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council
Contact E-mail
Contact Phone
Today's Date

WRITTEN REQUEST
I, ,hereby request that the following item
be placed on the City of Santa Clara Council and Authorities Concurrent meeting agenda:

Reference: Council Policy 030 —Adding an Item on the Agenda Resolution No. 20-8895