Cities Index.
Agenda packet

City Council and Authorities Concurrent
July 18, 2023

Document
Agenda packet
Meeting
July 18, 2023
Body
City Council and Authorities Concurrent
Pages
12
Original file
30.9 MB
Text extracted from the city's file for reading and search. Open the original on santaclara.legistar.com. That file is the official record.

Participants employed in the administration of the CDBG Plan and/or Program, and participants whose principal employment is in connection with an activity financed by the CDBG Program or its proceeds are subject to limitation on political activities under the Hatch Act (5 U.S.C. 1502(a), 18 U.S.C. 595). All participants may take part in non-partisan activities outside working hours

b. Lobbying Prohibited.

i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Organization, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the d9156478-f9cc-42eb-9ef7-66e6a0c62858 Page | 31
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Organization shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

iii. The Organization shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

1.18 Guidelines on Church-Related Activities. In addition to, and not in substitution for, other provisions of this Agreement regarding the provision of public services with CDBG funds pursuant to Title I of the Housing and Community Development Act of 1974, as amended, the Organization agrees that, in connection with the publ ic services performed under this Agreement:

a. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion;

b. It will not discriminate against any persons applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion;

c. It will provide no inherently religious activities, such as worship, religious instruction, or religious proselytizing, as part of the programs or services funded under this Agreement and will only conduct such activities in a separate time or place;

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d. It will exert no other religious influence in the provision of public services and participation in religious activities by any beneficiaries of those services shall be voluntary; and,

e. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Organization and in which the public services are to be provided, provided that, minor repairs may be made if such repairs (1) are directly in a structure used exclusively for non- religious purposes, and (2) constitute in dollar terms only a minor portion of expenditure for the public services.

f. Construction or Rehabilitation of Facilities. Block grant fund recipients shall not use any funds to construct, rehabilitate, maintain, or restore religious structures (including those which may be historic properties) currently used for religious purposes. Block grant funds shall not be used to construct, rehabilitate, maintain, or restore structures or other real property owned by “pervasively sectarian” organizations. Block grant funds shall not be used to assist a religious organization in acquiring property. These prohibitions apply whether or not the property is used for religious services or instruction or is used in any other way for religious activities.

g. Public Services. Block grant funds may be used for the provision of public services under the following conditions:

i. The public services provided are exclusively non-religious in nature and scope;

ii. There are no religious services, proselytizing, instruction, or any other religious influences in connection with the public services;

iii. There is no religious discrimination in terms of employment or benefits under the public services; and

iv. The CDBG funds may be used only for the provision of public services and not for the construction, rehabilitation or restoration of any facility owned by the religious organization where the services are to be provided. A narrow exception to this prohibition is that minor repairs may be made where such repairs (a) are directly related to the public services, (b) are located in a structure used exclusively for non-religious purposes, and (c) constitute in dollar terms a minor portion of the CDBG expenditure for the public services.

1.19 Resident Aliens. (24 CFR § 570.613) Certain newly legalized aliens, as described in 24 CFR Part 49, are not eligible to apply for the benefits under covered activities funded by the CDBG Program. “Covered activities” are activities meeting the requirements of 24 CFR § 570.208(a) that either (1) have income eligibility d9156478-f9cc-42eb-9ef7-66e6a0c62858 Page | 33
requirements limiting benefits exclusively to low - and moderate-income persons, or (2) are targeted geographically or otherwise to primarily benefit low - and moderate-income persons (except for activities that benefit the public at large), and provide benefits on the basis of an application.

1.20 Environmental Requirements. (24 CFR § 470.604) Organization is not allowed to incur program expenses until the City has performed an environmental review of the proposed activities, received the release of funds, and provided the Organization with formal clearance to initiate them, along with directives for any action necessary to mitigate negative environmental impacts (24 CFR Part 58).

1.21 Historic Preservation. Organization shall not violate provisions of the Historic Preservation Act and related laws and Executive Orders. Before any commitments are made to make any physical improvements or alterations or demolition of any building, Organization shall receive assurances from the City that the Organization is in compliance.

1.22 If Organization receives State or City funds, Organization shall, in the use of those State or City funds adhere to the applicable Federal laws, regulations, policies, guidelines or requirements, herein specified, only insofar as adherence thereto would not be prohibited by valid City or State laws, regulations, policies, guidelines or requirements.

SECTION 2. FINANCIAL OBLIGATIONS OF ORGANIZATION

2.01 Fiscal Responsibilities of Organization. Organization agrees to comply with 2 CFR § 200.49 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. Organization shall:

a. Appoint and submit to City, the name of a fiscal agent who shall be responsible for the financial and accounting activities of the Organization , including the receipt and disbursement of Organization funds.

b. Establish and maintain a system of accounts that shall be in conformance with generally accepted principles of accounting for budgeted funds. Such system of accounts shall be subject to review and approval of City.

c. Document all costs by maintaining complete and accurate records of all financial transactions, including but not limited to contracts, invoices, time cards, cash receipts, vouchers, cancelled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges.

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d. Submit to the City, within ten (10) working days of the end of the preceding month, requests for reimbursement, together with documentation required by City.

e. Perform an independent fiscal audit annually in conformance with the generally accepted standard accounting principles. Such audits must identify the total funds received and disbursed, and funds granted and expended relating to this Agreement, in a form sufficient to identify, track, and correlate such funds. The Costs for such audits shall be at Organization’s expense, unless otherwise provided for in this Agreement. Copies of the completed audits must be provided to the City.

f. Be liable for repayment of disallowed costs. Disallowed costs may be identified by the City through audits, monitoring, or other sources. Organization shall be afforded the opportunity to respond to any adverse findings, which may lead to disallowed costs. The City shall make the final determination of disallowed costs, subject to provisions of 2 CFR Part 200.

g. Administer all programs in conformance with 2 CFR Part 200 Subpart E, Cost Principles. These principles shall be applied for all costs incurred whether charged in a direct or indirect basis.

h. If indirect costs are charged, the Organization will develop an indirect cost allocation plan for determining the appropriate Organization’s share of administrative costs and shall submit such plan to the City for approval.

i. Certify insurability subject to City approval as outlined in EXHIBIT D entitled “INSURANCE”.

j. Submit to HUD or City at such times and in such forms as HUD or City may require, such statements, records, reports, data, and information pertaining to matters covered by this Agreement.

k. Submit for approval by the City any lease agreement either contemplated or in effect, which would be funded under this Agreement.

2.02 Records, Reports and Audits of Organization. Organization shall comply with all applicable federal Uniform Administrative Requirements as delineated in 24 CFR § 570.502:

a. Establishment and Maintenance of Records . Organization shall maintain records, including but not limited to, books, financial records, supporting documents, statistical records, personnel, property, and all other pertinent records sufficient to reflect properly:

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i. All direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred to perform this Agreement, and

ii. All other matters covered by this Agreement . Such records shall be maintained in accordance with requirements now or hereafter prescribed by the City.

b. Preservation of Records. Organization shall preserve and make available its records:

i. for the period of five (5) years from the date of final payme nt to Organization under this Agreement; or

ii. for such longer period, if any, as may be required by applicable law; or

iii. if this Agreement is completely or partially terminated, for a period of five (5) years from the date of any resulting final settlement.

c. Records to be Maintained. The subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR § 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:

i. Records providing a full description of each activity undertaken;

ii. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG Program;

iii. Records required to determine the eligibility of activities;

iv. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;

v. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program;

vi. Financial records as required by 24 CFR § 570.502 and 2 CFR Part 200; and

vii. Other records necessary to document compliance with Subpart K of 24 CFR Part 570.

d. Examination of Records; Facilities. At any time during normal business hours, and as often as may be deemed necessary, Organization agrees that HUD and/or City, and/or any of their respective authorized representatives shall:
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i. for a period of five (5) years after final payment under this A greement; or,

ii. for such longer period as may be required by applicable law; or

iii. if this Agreement is completely or partially terminated, for a period of five (5) years from date of any resulting settlement;

iv. have access to and the right to examine its plants, offices, and facilities engaged in performance of this Agreement and all its records with respect to all matters covered by this Agreement. Organization also agrees that HUD and/or City , or any of their respective authorized representatives shall have the right to audit, examine, and make excerpts or transcripts of and from such records, and to make audits of all contracts and subcontracts, invoices, payrolls, records of personnel, conditions of employment, materials, and all other data relating to matters covered by this Agreement . Notwithstanding anything in this Agreement to the contrary for monitoring purposes, City shall not require access to any information of Organization mutually determined by the parties hereto to be proprietary.

e. Audits. 2 CFR § 200.500 sets forth standards for obtaining consistency and uniformity among Federal agencies for the audit of non- Federal entities expending Federal awards.

i. Funds may be set aside in Organization’s budget in an amount equal to City’s fair share of Organization’s cost of an independent audit, if required, with prior approval from City . A separate line item will be established.

ii. Organization shall enter into an agreement with an independent public accountant certified to practice in the State of California no later than sixty (60) days before the end of this Agreement calling for an audit to be done for the entire year. The audit must be in conformance with the applicable funding source.

iii. The audit must be completed and sent to the City’s Department of Housing staff within one hundred fifty ( 180) days from the end of Organization’s fiscal year.

iv. Audit Standards. The independent fiscal audit shall conform to generally accepted governmental auditing principles. Such audits shall identify the funds received and disbursed under this Agreement and include the following components:

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(a) Balance Sheet or Statement of Financial Position;

(b) Statement of Support, Revenue, and Expenses and Changes in Fund Balances or Statement Activities;

(c) Statement of Functional Expenses;

(d) Statement of Auditor’s Report;

(e) Communication of Internal Control Related Matters Identified in an Audit (Management Letter) from Auditor;

(f) Organization shall also submit to the agency a written management response to the findings of the Internal Control Matters.

f. Single Audits. 2 CFR § 200.501 states that Organizations that expend $750,000 or more of Federal financial assistance in a fiscal year (in aggregate, from all funding sources), in addition to conducting normal financial audit procedures, the Organization’s independent public accountant certified to practice in the State of California shall perform tests to ascertain that:

i. Expenditures submitted for reimbursement are allowable under 2 CFR Part 200;

ii. Expenditures are in compliance with the grant agreements between the City and Organization; and

iii. Applicable laws and regulations. Further, the independent public accountant certified to practice in the State of California shall render an opinion as to whether the Expenditures complied with the Single Audit Act of 1984 and Appendix XI to 2 CFR Part 200 — Compliance Supplement;

iv. The single audit must include the following components:

(a) Balance Sheet or Statement of Financial Position;

(b) Statement of Support, Revenue and Expenses and Changes in Fund Balances or Statement Activities;

(c) Statement of Functional Expenses

(d) Schedule of Expenditures of Federal Awards;

(e) Independent Auditor’s Report on the Financial Statement and Schedule of Expenditures of Federal Awards;
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(f) Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters;

(g) Auditor’s Report on Compliance with Requirements Applicable to Major Programs and on Internal Control over Compliance;

(h) Schedule of Findings and Questioned Costs;

(i) Summary of Schedule of Prior Audit Findings;

(j) Corrective Action Plan;

(k) Data Collection Form.

g. Organization’s independent public accountant, certified to practice in the State of California, shall perform reviews of Organization internal control systems and Organization’s compliance with applicable laws, regulations and requirements of this Agreement.

The independent public accountant shall issue a report on the financial statements and the Schedule of Governmental Financial Assistance, a report on the study and evaluation of internal controls and a report on Organi zation compliance. The three reports may be bound into a single report or presented at the same time as separate documents.

h. Should Organization not enter into an agreement with an independent public accountant certified to practice in the State of California, or should an audit not be done on a timely basis, City, at its sole discretion, may enter into an agreement with an independent public accountant certified to practice in the State of California to perform the audit.

i. City Audits. City may perform an independent audit. Such audits may cover program as well as fiscal matters. Organization will be afforded an opportunity to respond to any audit findings and have the responses included in the final audit report. Costs of such audits will be borne by City.

j. Disallowed Costs. Organization is liable for repayment of disallowed costs as determined by City, in its sole discretion, and/or HUD. Disallowed costs may be identified through audits, monitoring or other sources. Organization shall be afforded the opportunity to respond to any adverse findings which may lead to disallowed costs. Director shall make the final determination of disallowed costs, subject to provisions of 2 CFR Part 200 and applicable HUD regulations.

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SECTION 3. OTHER REQUIREMENTS OF GRANTEE

3.01 Client Data. The Organization shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to City monitors or their designees for review upon request.

3.02 Disclosure. The Organization understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Organization’s or subrecipient’s responsibilities with respect to services provided under this Agreement , is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

To the extent allowed under law, City agrees to maintain the confidentiality of any information regarding applicants for services offered by the Program pursuant to this Agreement or their immediate families which may be obtained through application forms, interviews, tests, reports, from public agencies or counselors, or any other source. Without the written permission of the applicant, such information shall be divulged only as necessary for purposes related to the performance or evaluation of the services and work to be provided pursuant to this Agreement, and then only to persons having responsibilities under the Agreement, including those furnishing services under the Program through subcontracts.

3.03 Close-outs. The subrecipient’s obligation to the City shall not end until all close- out requirements are completed pursuant to 24 CFR § 570.509. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City ), and determining the custodianship of records.

Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the subrecipient has control over CDBG funds, including program income.

3.04 Program Income. The Organization shall report all program income (as defined at 24 CFR § 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement . The use of program income by the subrecipient shall comply with the requirements set forth at 24 CFR § 570.504. By way of further limitations, the subrecipient may use such income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unexpended program income shall be returned to the City at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury and from funds held in a revolving fund account is not program income and shall be remitted promptly to the City.
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3.05 Indirect Costs. If indirect costs are charged, the Organization will develop an indirect cost allocation plan for determining the appropriate Organization’s share of administrative costs and shall submit such plan to the City for approval, in a form specified by the City.

3.06 Use and Reversion of Assets. The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200 and 24 CFR §§ 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following:

a. The subrecipient shall transfer to the City any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.

b. Real property under the subrecipient’s control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR § 570.208 until five (5) years after expiration of this Agreement or such longer period of time as the City deems appropriate. If the Organization fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the subrecipient shall pay the City an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non- CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the City . The subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period or such longer period of time as the City deems appropriate.

c. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorat ed to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the subrecipient for activities under this Agreement shall be (a) transferred to the City for the CDBG Program or (b) retained after compensating the City an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment.

3.07 Hatch Act. The Organization agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C.

3.08 HMIS Participation. All agencies providing homeless services in receipt of funding from the City’s CDBG Program are required to fully participate in the Homeless Management Information System (“HMIS”) and work closely with the County of Santa Clara Office of Supportive Housing (“CSC OSH”), to ensure the agency has d9156478-f9cc-42eb-9ef7-66e6a0c62858 Page | 41
the mechanisms and staffing in place to use the system appropriately and in a timely manner. Funded agencies are required to collect demographic information on all clients served by the funded projects, the services provided, and consent to release the information to CSC OSH and the City’s Housing Department.

Funded projects must utilize all appropriate aspects of HMIS in order to generate the statistical information required for reporting to the City on all universal and program level elements of the HUD Data Standards. These statistical reports must be generated directly out of HMIS. No adjustments to the HMIS reports will be accepted and it is therefore incumbent on the agency to ensure that the information they put into HMIS is accurate and up to date. City will measure performance and outcomes relating to these funded projects through the use of the HMIS statistical data, based on the HUD data elements, or other reporting requirements as determined by the City . The City will request from the HMIS Administrator, acknowledgement of the recipient agencies’ certificate of compliance with HUD privacy and security standards, acknowledgement of use of the Shelter Point program, and statistics on the percentage of Universal and Top Level Program data captured.

3.09 Language Access Plan (LAP). Organization shall fully implement and comply with the Language Access Plan (“LAP”) as approved by City to ensure that limited English proficient clients have equal access to community programs and services.

3.10 Organization shall include in all outreach and marketing materials, including public websites, an affirmative statement that it will provide services or benefits to all persons, race, sex, color, age, religion, actual or perceived gender identity, sexual orientation, disability, ethnic or national origin, or familial status. d9156478-f9cc-42eb-9ef7-66e6a0c62858 Page | 42

PUBLIC SERVICE GRANT AGREEMENT

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA
AND

REBUILDING TOGETHER SILICON VALLEY

EXHIBIT F

EMPLOYEE/VOLUNTEER CLEARANCE AND

COMPLIANCE WITH CHILD ABUSE AND NEGLECT REPORTING ACT

If Organization provides services involving minors, and as a City -approved method of complying with the provisions contained in this Agreement , Organization shall conduct a criminal background check through the database of the California Department of Justice and an FBI criminal database or equivalent national database as approved in writing by Organization’s liability insurance provider, on each of its employees and volunteers who have supervisory or disciplinary authority over minors.

Organization shall also comply with the provisions of the Child Abuse and Neglect Reporting Act, California Penal Code Section 11164 et. seq. Additionally, Organization certifies to the following:

1. Any and all personnel employed or retained by Organization in conducting the operations of Organization’s program shall be qualified to perform the duties assigned to them by City. City agrees that Organization shall not at any time allow its employees or volunteers to be in any position with supervisory or disciplinary authority over minors, if they have been convicted of any offense identified in California Public Resources Code Section 5164 (copy attached).

City and Organization understand that results of background checks on minors may be confidential under state law. Therefore, all employees or volunteers must be at least 18 years of age if they are to be in a position having supervisory or disciplinary authority over any minor.

If Organization intends to have employees or volunteers under the age of 18 providing services under this Ag reement, Organization shall maintain and make available to City, if requested, guidelines, procedures or policies, that safeguard and ensure that no employees or volunteers under the age of 18 will be providing services under this Agreement unsupervised and further Organization shall ensure that none of its employees or volunteers under 18 years of age have any supervisory or disciplinary authority over any minor, as such term is used in California Public Resources Code Section 5164.

2. Organization shall be responsible for ensuring that no person who has supervisory or disciplinary authority over minors, who is paid or unpaid by Organization shall be permitted to provide services unless appropriate background checks, including fingerprints, have been performed prior to the beginning of services under this Agreement, and the person meets the standards set forth above. If requested by City, and to the extent allowed by law, Organization shall promptly provide documentation listing each person that has provided or is providing services hereunder involving supervision or disciplinary authority over minors, and certifying d9156478-f9cc-42eb-9ef7-66e6a0c62858 Page | 43
that the Organization has conducted the proper background check on such person or persons, and each of the named persons is legally permitted to perform the services described in this Agreement. Regardless of whether such documentation is requested or delivered by Organization, Organization shall be solely responsible for compliance with the provisions of this Section.

3. That no person paid or unpaid by Organization shall be permitted to provide services requiring contact with children or providing food concessionaire services or other licensed concessionaire services in that area, unless Organization has complied with the TB testing requirements set forth in Section 5163 of the California Public Resources Code (copy attached), verifying that the person or persons has provided evidence/verification of a negative TB skin test reading less than two (2) years old (if newly hired) or within four (4) years (if current employee) of the date of execution of this Agreement and every four (4) years thereafter, if the term of this Agreement exceeds four (4) years. For persons with a positive TB skin test reading, a physician’s medical clearance must be obtained prior to services being provided as specified above. Organization shall keep on file each “Certificate” of clearance for the persons described above, and shall also make available a copy of each Certificate to City if requested and allowed by law. “Certificate” means a document signed by a licensed examining physician and surgeon or a notice from a public health agency or unit of the tuberculosis association which indicates freedom from active tuberculosis.

4. Organization understands that if services are rendered on a school site, there may be additional requirements that may apply including without limitation, requirements under the California Education Code. GRANTEE acknowledges that it is Organization’s sole responsibility to comply with all applicable laws, regulations and licensing requirements in Organization’s provision of services hereunder.

I, the Organization by signing below verify that I have read and agree to the above:

Signature Date

Rebuilding Together Silicon Valley
Please Print or Type Name of Organization

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CALIFORNIA PUBLIC RESOURCES CODE SECTION 5164

5164. (a) (1) A county, city, city and county, or special district shall not hire a person for employment, or hire a volunteer to perform services, at a county, city, city and county, or special district operated park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over a minor, if that person has been convicted of an offense specified in paragraph (2).

(2) (A) A violation or attempted violation of Section 220, 261.5, 262, 273a, 273d, or 273.5 of the Penal Code, or a sex offense listed in Section 290 of the Penal C ode, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code.

(B) A felony or misdemeanor conviction specified in subparagraph (C) within 10 years of the date of the employer’s request.

(C) A felony conviction that is over 10 years old, if the subject of the request was incarcerated within 10 years of the employer’s request, for a violation or attempted violation of an offense specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal Code, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022 of the Penal Code, in the commission of that offense, Section 217.1 of the Penal Code, Section 236 of the Penal Code, an offense specified in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, or an offense specified in subdivision (c) of Section 667.5 of the Penal Code, provided that a record of a misdemeanor conviction shall not be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor convictions, or a combined total of three or more misdemeanor and felony convictions, for violations listed in this section within the 10- year period immediately preceding the employer’s request or has been incarcerated for any of those convictions within the preceding 10 years.

(b) (1) To give effect to this section, a county, city, city and county, or special district shall require each such prospective employee or volunteer to complete an application that inquires as to whether or not that individual has been convicted of an offense specified in subdivision (a). The county, city, city and county, or special district shall screen, pursuant to Section 11105.3 of the Penal Code, any such prospective employee or volunteer, having supervisory or disciplinary authority over a minor, for that person’s criminal background.

(2) A local agency request for Department of Justice records pursuant to this subdivision shall include the prospective employee’s or volunteer’s fingerprints, which may be taken by the local agency, and any other data specified by the Department of Justice. The request shall be made on a form approved by the Department of Justice. A fee shall not be charged to the local agency for requesting the records of a prospective volunteer pursuant to this subdivision.

(3) A county, city, city and county, or special district may charge a prospective employee or volunteer described in subdivision (a) a fee to cover all of the county, city, city and county, or special district’s costs attributable to the requirements imposed by this section. d9156478-f9cc-42eb-9ef7-66e6a0c62858 Page | 45
CALIFORNIA PUBLIC RESOURCES CODE SECTION 5163

5163. (a) No person shall initially be employed in connection with a park, playground, recreational center, or beach used for recreational purposes by a city or county in a position requiring contact with children, or as a food concessionaire or other licensed concessionaire in that area, unless the person produces or has on file with the city or county a certificate showing that within the last two (2) years the person has been examined and has been found to be free of communicable tuberculosis.

(b) Thereafter, those employees who are skin test negative shall be required to undergo the foregoing examination at least once each four (4) years for so long as the employee remains skin test negative. Once an employee has a documented positive skin test which has been followed by an X-ray, the foregoing examination is no longer required and a referral shall be made within thirty (30) days of the examination to the local health officer to determine the need for follow-up care.

“Certificate” means a document signed by the examining physician and surgeon who is licensed under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code, or a notice from a public health agency or unit of the tuberculosis association which indicates freedom from active tuberculosis.

5163.1. The examination shall consist of an approved intradermal tuberculosis test, which, if positive, shall be followed by an X-ray of the lungs.

Nothing in Sections 5163 to 5163.2, inclusive, shall prevent the governing body of any city or county, upon recommendation of the local health officer, from establishing a rule requiring a more extensive or more frequent examination than required by Section 5163 and this Section.

5163.2. The X-ray film may be taken by a competent and qualified X-ray technician if the X-ray file is subsequently interpreted by a licensed physician and surgeon.

5163.3. The city or county shall maintain a file containing an up- to-date certificate for each person covered by Section 5163.

5163.4. Nothing in Section 5163 to 5163.3, inclusive, shall prevent the city or county from requiring more extensive or more frequent examinations. d9156478-f9cc-42eb-9ef7-66e6a0c62858 Page | 46

PUBLIC SERVICE GRANT AGREEMENT

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA
AND

REBUILDING TOGETHER SILICON VALLEY

EXHIBIT G

MBE/WBE GUIDELINES

Section 281 of the National Affordable Housing Act requires each contractor to prescribe procedures to establish and oversee a minority outreach program for the receipt of all federal housing and community development funds including CDBG, HOME, HOPWA, ESG, Section 108, and BEDI grants.

The program shall include minority and women- owned businesses in all contracting activities entered into by the contractor to facilitate the provision of affordable housing authorized under this Act or any other federal housing law applicable to such jurisdiction.

Definitions:

• The City: The primary grantee of federal housing and community development funds is the City of Santa Clara.
• Developer/Contractor/Subrecipient: The individual, company, corporation, partnership, business, or other entity that enters into a contract with the City of Santa Clara to carry out the work, service, or project specified in connection with receiving a federal HUD grant.
• Subcontractor: Any entity which has agreed to undertake a portion of the developer/contractor/subrecipient general contract.
• Minority-Owned Business Enterprise (MBE): Business primarily (51%) owned, operated and controlled by one or more members of the following race/ethnicity:

Pacific Islander, American Native, African American/Black, American Indian/Alaskan Native, Hawaiian/Pacific Islander, Asian, or Hispanic. • Women-Owned Business Enterprise (WBE): Primarily (51%) owned by one or more females.

Required Program Participants’ Responsibility:

• The City will ensure that when soliciting bids for service, construction, or maintaining “contractor lists” for developers/contractor/subrecipient, the City will use the outreach provisions described under “Outreach Criteria.” • The City will require its developers/contractors/subrecipient to carry out the provisions of MBE/WBE when soliciting bids of subcontractors.

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Applicability:

• When City makes a grant to a developer/contractor/subrecipient for services or construction.
• When a developer/contractor/subrecipient subcontracts for services or construction.
• When the grant received by the developer/contractor/subrecipient or subcontractor exceeds $10,000.
• When the developer/contractor/subrecipient or subcontractor is a for -profit organization/business, or a nonprofit hires a for-profit subcontractor.

Steps to Meeting the Reporting Requirements:

1. If applicable, each developer/contractor/subrecipient will need to self-certify to the City whether it is an MBE/WBE. A form will be provided to each agency awarded funds and reported annually by the developer/contractor/subrecipient.

2. Each developer/contractor/subrecipient will ensure that every subcontractor also self-certifies whether it is an MBE/WBE and this information is reported annually.

3. The City will follow the guidelines for “Outreach” when soliciting bids for developer/contractor/subrecipient.

4. Each developer/contractor/subrecipient will follow the guidelines for “Outreach” when soliciting bids for subcontractors and will report these efforts annually to the Housing Department.

Required Outreach Criteria:

• The Housing Department will maintain a list of local MBE/WBE companies and addresses and distribute to all developers/contractors/subrecipients. • The Housing Department Rehabilitation Division will ensure that its “Contractor List” includes MBE/WBEs for homeowners to use when se lecting eligible contractors. The list will be updated annually and include outreach to MBE/WBEs. • When developers/contractors/subrecipients are soliciting bids from subcontractors, they will include in any notice to local newspaper that “Women and Minority Owned Businesses are strongly encouraged to apply.” Developers/contractors/subrecipients, when feasible, are strongly encouraged to consider posting in Spanish and Vietnamese newspapers.
• When the Housing Department announces Notices of Funding Availabilit y or Community Development Block Grants application availability, efforts will be made to include in local newspaper posting that “Women and Minority Owned Businesses are strongly encouraged to apply” and printed, when feasible, in Spanish and Vietnamese newspapers.

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PUBLIC SERVICE GRANT AGREEMENT

BY AND BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA
AND

REBUILDING TOGETHER SILICON VALLEY

EXHIBIT H

ETHICAL STANDARDS

Termination of Agreement for Certain Acts.

A. The City may, at its sole discretion, terminate this Agreement in the event any one or more of the following occurs:

1. If a Contractor1 does any of the following:
a. Is convicted2 of operating a business in violation of any Federal, State or local law or regulation;
b. Is convicted of a crime punishable as a felony involving dishonesty3; c. Is convicted of an offense involving dishonesty or is convicted of fraud or a criminal offense in connection with: (1) obtaining; (2) attempting to obtain; or, (3) performing a public contract or subcontract;
d. Is convicted of any offense which indicates a lack of business integrity or business honesty which seriously and directly affects the present responsibility of a City contractor or subcontractor; and/or,
e. Made/makes any false statements /representations with respect to this Agreement.

2. If fraudulent, criminal or other seriously improper conduct of any officer, director, shareholder, partner, employee or other individual associated with the Contractor can be imputed to the Contractor when the conduct occurred in connection with the individual’s performance of duties for or on behalf of the Contractor, with the Contractor’s knowledge, approval or acquiescence, the Contractor’s acceptance

1 For purposes of this Agreement, the word “Consultant” (whether a person or a legal entity) also refers to “Contractor” and means any of the following: an owner or co-owner of a sole proprietorship; a person who controls or who has the power to control a business entity; a general partner of a partnership; a principal in a joint venture; or a primary corporate stockholder [i.e., a person who owns more than ten percent (10%) of the outstanding stock of a corporation] and who is active in the day to day operations of that corporation.

2 For purposes of this Agreement, the words “convicted” or “conviction” mean a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere within the past five (5) years.

3 As used herein, “dishonesty” includes, but is not limited to, embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, failure to pay tax obligations, receiving stolen property, collusion or conspiracy. d9156478-f9cc-42eb-9ef7-66e6a0c62858 Page | 49
of the benefits derived from the conduct shall be evidence of such knowledge, approval or acquiescence.

B. The City may also terminate this Agreement in the event any one or more of the following occurs:

1. The City determines that Contractor no longer has the financial capability 4 or
business experience5 to perform the terms of, or operate under, this Agreement; or,

2. If City determines that the Contractor fails to submit information, or submits false information, which is req uired to perform or be awarded a contract with City, including, but not limited to, Contractor’s failure to maintain a required State issued license, failure to obtain a City business license (if applicable) or failure to provide and maintain bonds and/or insurance policies required under this Agreement.

C. In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to participate in a contract award process or a contract is terminated pursuant to these provisions, Contractor may appeal the City’s action to the City Council by filing a written request with the City Clerk within ten (10) days of the notice given by City to have the matter heard. The matter will be heard within thirty (30) days of the filing of the appeal request with the City Clerk. The Contractor will have the burden of proof on the appeal. The Contractor shall have the opportunity to present evidence, both oral and documentary, and argument.

4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 U.S.C.), as amended, or under any similar law or statute of the United States or any state thereof, is adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all or substantially all of the assets of Contractor.

5 Loss of personnel deemed essential by the City for the successful performance of the obligations of the Contractor to the City.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-840 Agenda Date: 7/18/2023

REPORT TO COUNCIL

SUBJECT
Action on a Special Permit to Allow up to Four Two-day Community Festivals per Year for a Period of Two Years at 1375 Lafayette Street, S.E.S. Portuguese Hall of Santa Clara

BACKGROUND
The applicant, Erica Toste, representing S.E.S Portuguese Hall of Santa Clara, is requesting a Special Permit (File No. PLN23-00320) pursuant to Zoning Code Section 18.60.030 for a duration of two years to allow for multiple two-day community festivals in the parking lot of the S.E.S. Portuguese Hall located at 1375 Lafayette Street. The community festivals will have food booths, game booths, and musical performances throughout a two-day community festival. Community festivals dates for 2023 will occur on August 12
th and 13th, September 16th and 17th, and October 7th and 8th. Dates for four two-day festivals in 2024 are to be determined and will be coordinated with the City at a later date.

DISCUSSION
The property is currently zoned Public or Quasi Public (B) which is applied for sites to encourage their use for parks, recreational facilities, and religious and other nonprofit organizations. The surrounding area is comprised of properties zoned for Single-Family use. The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the surrounding land uses in that the events will occur over a limited time period and will be subject to conditions which mitigate potential negative impacts, including a condition of approval that the use be conducted in a manner that does not create a public or private nuisance. The concern about possible impacts would also be offset by their limited duration and the cultural benefit to the community from the event. The Special Permit is subject to revocation should a problem arise.

Approval of the Special Permit would be subject to the following conditions:

1. This Special Permit shall be valid for the festival dates of August 12 th and 13th, September 16th
and 17th, and October 7th and 8th, 2023. Festival Dates in 2024 will be coordinated with the City prior to scheduling.

2. Setup shall occur on the same day as the event and clean-up/breakdown shall occur at the conclusion of each event, which shall be completed by 9:00 p.m.

3. The applicant shall comply with all Zoning Ordinance regulations regarding temporary and permanent structures and obtain all necessary Building/Fire permits.

4. The applicant shall comply with Fire Department directives and requirements

5. The applicant shall obtain all applicable permits from the Santa Clara County Health Department, including but not limited to permits related to food service at the event.

6. The applicant shall obtain an amplified music permit from the Business Tax and License Department, if applicable.

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23-840 Agenda Date: 7/18/2023

7. The applicant shall obtain temporary sign permits from the Planning Department for all temporary signs advertising the event, if applicable.

8. There shall be no “searchlight” beams, streamers, or roof-mounted balloons during this event; and

9. Upon conclusion of each event, the parking lot shall be cleaned and returned to its prior condition.

ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from formal environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”), which applies to the minor temporary use of land having negligible or no permanent effects on the environment, including carnivals.

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense. The applicant paid for the necessary permit fees.

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 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.

RECOMMENDATION

1. Determine the proposed action is categorically exempt pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and

2. Approve the request of a Special Permit for two years to allow up to four two-day community festivals per year at 1375 Lafayette Street, S.E.S Hall Portuguese Hall of Santa Clara subject to conditions.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jōvan Grogan, City Manager

ATTACHMENTS

1. Site Plan
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-795 Agenda Date: 7/18/2023

REPORT TO COUNCIL

SUBJECT
Action to Adopt Resolution to Rescind Stage 2 of the Water Shortage Contingency Plan, While Continuing to Implement State Water Resources Control Board (SWRCB) Water Use Restrictions

COUNCIL PILLAR
Promote Sustainability and Environmental Protection

BACKGROUND
On July 12, 2021, the City Manager, as Director of Emergency Services, proclaimed the City of Santa Clara’s emergency drought conditions as recognized by the City’s water supply partners.

On July 13, 2021, City Council ratified and adopted Resolution 21-8989 declaring the drought emergency and implementing Stage 2 of the City’s Water Shortage Contingency Plan (WSCP).

On April 19, 2022, City Council amended Stage 2 with Resolution 22-9077, reducing the three days per week outdoor watering restriction to a maximum of two days per week.

On March 24, 2023, Governor Newsom issued Executive Order N-5-23, terminating several drought provisions, including California’s 15% voluntary water conservation target. The SWRCB drought emergency regulations requiring implementation of agency level 2 drought water shortage contingency plans remained in effect.

On April 11, 2023, Valley Water’s Board approved a 15% voluntary water use reduction and to continue two days per week outdoor watering. The San Francisco Public Utilities Commission also rescinded their drought emergency but kept a voluntary call for 11% water use reduction compared to FY19-20 and Level 2 requirements until the SWRCB requirements expire or are rescinded.

On May 9, 2023, the Council adopted a Resolution to Terminate the Proclamation of Emergency Drought Conditions for the City of Santa Clara, keeping water use restrictions in Stage 2 active.

As of June 5, 2023, the SWRCB requirement for urban water suppliers to implement demand- reduction actions that correspond to at least Level 2 of their water shortage contingency plans is no longer in effect.

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23-795 Agenda Date: 7/18/2023

DISCUSSION
In response to improved water supply conditions, and actions set forth by both the SWRCB and Water Suppliers, staff recommends rescinding Stage 2 of the Water Shortage Contingency Plan.

The SWRCB has emergency regulations that prohibit wasteful water practices; set to expire on December 21, 2023, these include the following:
· outdoor watering that lets water run onto sidewalks and other areas, · washing vehicles without an automatic shutoff nozzle, · washing hard surfaces like driveways or sidewalks that do not absorb water, · filling decorative fountains, lakes or ponds without a recirculation pump, · outdoor watering within 48 hours after at least ¼ inch of rainfall, and · watering decorative grass on public medians,
All of these regulations are already permanent water use prohibitions in the Normal Stage of Santa Clara’s WSCP. Additionally, the SWRCB includes prohibitions of potable water used for street cleaning or construction site preparation, and staff recommends continuing to require water used for construction and dust control must be recycled if available. These conservation measures will be necessary until SWRCB restrictions are rescinded on December 21, 2023.

Similarly, staff recommends restricting the watering of decorative grass in commercial, industrial, and institutional areas, including common areas of homeowners’ associations (HOAs) per SWRCB regulation effective until June 5, 2024. In addition, consistent with the recommendation of Valley Water, staff recommends continuing to maintain a 15% voluntary water use reduction, as established by Resolution 23-9226.

City staff will continue public conservation outreach, educational and rebate programs. Permanent water use restrictions and prohibitions outlined in Section 1C of the City’s Water Service and Use Rules and Regulations that prevent the wasting of water will continue to be required.

As climate change continues to contribute to more frequent and severe droughts, the City must permanently adopt the drought adaptations it has made, making them part of a conservation mindset and lifestyle that sustains Santa Clara regardless of California’s weather fluctuations.

Staff will continue to partner with Valley Water, Bay Area Water Supply and Conservation Agency, and San Francisco Public Utilities Commission to develop approaches that promote water conservation as a way of life in the City of Santa Clara.

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 governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The action itself does not have a fiscal impact beyond the cost of staff time.

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23-795 Agenda Date: 7/18/2023

COORDINATION
This report was coordinated with the City Attorney’s Office

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 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.

RECOMMENDATION
Adopt a Resolution Rescinding Stage 2 of the City’s Water Shortage Contingency Plan While Continuing to Implement SWRCB Water Use Restrictions.

Reviewed by: Gary Welling, Director, Water & Sewer Utilities Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Proposed Resolution Rescinding Stage 2 of the City’s Water Shortage Contingency Plan City of Santa Clara Printed on 7/14/2023Page 3 of 3
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Resolution Amend Stage 2 Page 1 of 3
Rev: 7/18/23
RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA,
CALIFORNIA, RESCINDING STAGE 2 OF THE CITY’S WATER

SHORTAGE CONTINGENCY PLAN WHILE CONTINUING TO

IMPLEMENT SWRCB WATER USE RESTRICTIONS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on May 9, 2023, the City Council adopted Resolution 23- 9226 Terminating the Proclamation of Emergency Drought Conditions, continuing implementation of Stage 2 of the City’s Water Shortage Contingency Plan (“WSCP”), and establishing a 15% voluntary water use reduction in alignment with the Valley Water Board recommendation; WHEREAS, the State Water Resources Control Board (“SWRCB”) requirement for urban water suppliers to implement demand- reduction actions that correspond to at least Stage 2 of their WSCPs expired on June 5, 2023; and
WHEREAS, the City continues to support and promote water conservation as a way of life, and intends to continue to follow SWRCB water conservation regulations.

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

1. That Stage 2 of the City’s Water Shortage Contingency Plan is hereby rescinded, removing the water use regulations set forth in Resolution 22-9077.

2. That the City hereby implements the following additional water saving measures, effective until December 21, 2023, in alignment with SWRCB regulations prohibiting certain wasteful water practices:

A. Water Used for Construction and Dust Control shall be Recycled Water when that Water is Available.

B. The use of potable water for street cleaning or construction site preparation is prohibited.

3. That the City recognizes that the following activities are prohibited under SWRCB Resolution Amend Stage 2 Page 2 of 3
Rev: 7/18/23
regulations until December 21, 2023, and acknowledges that all of the following activities are also prohibited under the City’s WSCP, and will continue to be prohibited after December 21, 2023, as set forth in Section 8.4 of the City’s 2020 UWMP:

A. outdoor watering that lets water run onto sidewalks and other areas; B. washing vehicles without an automatic shutoff nozzle; C. washing hard surfaces like driveways or sidewalks that don’t absorb water; D. filling decorative fountains, lakes or ponds without a recirculation pump; E. outdoor watering within 48 hours after at least ¼ inch of rainfall; and F. watering decorative grass on public medians.

4. That the City also restricts watering decorative grass in commercial, industrial, and institutional areas, including common areas of homeowners’ associations (HOAs), per SWRCB emergency regulation effective June 5, 2023 to June 5, 2024,

5. That the prohibitions listed above are in addition to the permanent prohibitions already codified in Section 1C of the City’s Water Service and Use Rules and Regulations.

6. That the City reaffirms its commitment to support long-term water use efficiency efforts by continuing a 15% voluntary water use reduction target for all users, in alignment with the policies of Valley Water.

7. 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 ________________, 20__, BY THE FOLLOWING VOTE:

AYES: C OUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

Resolution Amend Stage 2 Page 3 of 3
Rev: 7/18/23
ABSTAINED: COUNCILORS:

ATTEST: __________________________

NORA PIMENTAL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference: None

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-873 Agenda Date: 7/18/2023

REPORT TO COUNCIL

SUBJECT
Action on Deleting an Electric Program Manager Position and Adding an Electric Division Manager Position at Silicon Valley Power and Related Budget Amendment

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure; and Manage Strategically Our Workforce Capacity and Resources

BACKGROUND
Silicon Valley Power (SVP) has provided electric service for over 127 years and is experiencing significant continued growth. SVP has developed a Council approved Capital Improvement Strategy to address the near-term and long-term potential load growth. In 2021, SVP recorded a peak load of nearly 600 Megawatt (MW) and delivered approximately 4,100 Gigawatt-hours (GWh) to customers.

In 2022, SVP’s recorded peak load increased to 702 MW, and energy delivery rose to 4,550 GWh.

This represents an approximate 10% increase in energy delivery and represents the largest year- over-year growth in the last 30 years.

On September 28, 2021, City Council accepted SVP’s Three-Year System Growth Strategy Plan.

The Three-Year System Growth Strategy Plan identified $300 million in proposed projects to install new facilities and to replace aged infrastructure with higher capacity infrastructure where needed. An amendment to the agreement with AECOM Technical Services, Inc. (AECOM) was authorized and executed, and AECOM has been onboarded to provide program management and project management support to assist with this effort.

At its November 15, 2022, meeting, City Council accepted the report of the SVP System Expansion Plan for the California Independent System Operator’s Transmission Planning Process FY2023/24.

The Summary of Proposed Projects for SVP System Growth Strategy included a comprehensive project list from this study with conceptual cost estimates of $200 million of proposed projects for this study period. The identified work includes replacement of aged infrastructure and installation of new facilities which will allow higher internal SVP system capacity. These projects would add two additional internal 60kV loops totaling 13 miles of new transmission loops along with a number of reliability upgrades including 6.5 miles of reconductored transmission lines required to serve the additional projected internal load (1,306 MW by 2032).

In March 2023, the California Independent System Operator selected LS Power as the developer, owner and operator of two 500 MW transmission lines to the South Bay with an estimated cost of over $1.0 billion. SVP is focusing on one of the 500 MW transmission lines that will link PG&E’s existing Newark Substation in Fremont to SVP’s Northern Receiving Station. In addition to all the City of Santa Clara Printed on 7/14/2023Page 1 of 3
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23-873 Agenda Date: 7/18/2023
new growth, staff has also presented to Council numerous times during SVP’s quarterly reports on SVP’s increased proactive maintenance program which bolsters reliability but also requires a much higher level of work effort.

Over the last two years SVP’s workload has increased significantly. To facilitate the current and upcoming workload, the new Program Manager in the Transmission and Distribution Division (and a few other new positions throughout SVP) was approved by Council to help manage the workload.

DISCUSSION
Staff has explored SVP’s organizational needs to better align with current workload priorities, operational and maintenance needs, and the system growth plan projects, and has determined that higher level management support is warranted in the Transmission and Distribution Division. The Transmission and Distribution Division has 31 budgeted full-time positions and two as-needed employees with only one Electric Division Manager. The new Program Manager position was intended to provide that additional level of supervisory support and oversight. After further analysis, staff is requesting to fill the position as an Electric Division Manager instead, which will provide for more experience and flexibility within the group. The amount and level of new and maintenance work combined with the expansion plan requires appropriate higher level of management for the 30 positions within the Division. As SVP staff has done over the last few years, they will continue to consider organizational alignment and modifications throughout to accommodate an expansion that will almost result in the doubling of its size of the Utility.

ENVIRONMENTAL REVIEW
The proposed staffing changes are not a project subject to the California Environmental Quality Act (CEQA) pursuant to section 15378(b)(5) of Title 14 of the California Code of Regulations as they are administrative activities that will not result in direct or indirect physical changes to the environment.

FISCAL IMPACT
The annual cost differential between an Electric Division Manager and Electric Program Manager is approximately $41,500 for FY2023/24. The budget amendment below allocates funding from the Electric Utility Fund Ending Fund Balance to cover the cost differential for 11 months in FY 2023/24 to add an Electric Division Manager and delete an Electric Program Manager as recommended in this memorandum.

Budget Amendment
FY 2023/24
Current Increase/
(Decrease)
Revised
Electric Utility Fund
Expenditures
Electric Department $626,816,941 $38,000 $626,854,941
Ending Fund Balance
Unrestricted Ending Fund
Balance
$72,526,687 ($38,000) $72,488,687
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23-873 Agenda Date: 7/18/2023

COORDINATION
This report has been coordinated with the Human Resources Department, Finance Department and City Attorney’s Office.

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 Office at (408) 615-2220, email [email protected] <mailto:[email protected]> .

RECOMMENDATION

1. Approve the addition of one Electric Division Manager and deletion of one Electric Program Manager position in the Electric Utility Department funded by the Electric Utility Fund; and

2. Approve the following FY2023/24 budget amendment in the Electric Utility Fund to increase the Electric Department appropriation by $38,000 and reduce the Unrestricted Ending Fund Balance by $38,000 (five affirmative Council votes required for the use of unused balances).

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jōvan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-747 Agenda Date: 7/18/2023

REPORT TO COUNCIL

SUBJECT
Action on a Rezone from PD - Planned Development to MH - Heavy Industrial for the Properties Located at 700 Mathew Street to Allow Reestablishment of Industrial Use for the Property for a Metal Fabrication and Spinning Business

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
On February 16, 2023, Brian Brown with HPC Architecture (“Applicant”), on behalf of Andrew Czisch with QMS Shields (“Owner”) filed an application (File No. PLN23-00054) to change the use of two parcels (APNs: 224-03-086 and 224-03-000) located at 700 Mathew Street. The proposal includes interior changes and site improvements to use the existing buildings on the site for a Heavy Industrial use of metal fabrication/spinning for the business operating as Quality Metal Spinning.

The project site is currently vacant and was previously occupied by a business, “Off the Wall Soccer”, and warehouse use. In 2005, the City Council approved a request to rezone the parcel (APN: 224-04 -082) from Heavy Industrial (MH) to Planned Development (PD) and a Tentative Parcel Map to subdivide the property into two parcels with one common area parcel. This created three parcels- Parcel One (700 Mathew Street, APN: 224-03-086), Parcel Two (2201 Lafayette Street, APN: 224-03- 087) and Parcel Three (Parking lot along Mathew Street, APN: 224-03-000). The rezoning was approved with specific conditions of approval restricting the use of Parcel One to warehouse use or a soccer recreational facility that was an existing approved use through a previous Use Permit. A parking variance was also approved by the Planning Commission at that time.

The current application includes only Parcel One (warehouse/former indoor recreation) and Parcel Three (surface parking lot). Given the specific uses allowed in the existing PD zoning, the proposal to use this site for Heavy Industrial use (Quality Metal Spinning) requires a Rezone from Planned Development (PD) to Heavy Industrial (MH). The proposed project also includes a request for Variance for parking, and a reduction of the required front setback and landscaping in the Heavy Industrial Zoning district.

DISCUSSION
The proposed rezone to MH from PD would allow for a reestablishment of heavy industrial use, which was the original use at this site. The applicant proposes to use the property for a metal fabrication/spinning business, but with the rezoning to MH, the property could be used for any of the permitted uses in the MH zone, such as manufacturing, outdoor storage, and laboratories. The project site consists of two developed parcels (Parcels 224-03-086 and 224-03-000) and existing structures on the site will meet all the development standards and regulations listed in Chapter 18.50, City of Santa Clara Printed on 7/14/2023Page 1 of 3
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23-747 Agenda Date: 7/18/2023
Heavy Industrial Zoning District, with the exception of the required front setback and landscaping, as the existing building was built at the property line.

On June 14, 2023, the Planning Commission reviewed the application for the Rezone and Variance.

The Planning Commission staff report (Attachment #1) provides an analysis of the project’s conformance to the General Plan and the substandard lot size and dimensions which were created by the previous rezoning and tentative map approved in 2005. The analysis concludes that the existing circumstances support the granting of the Variance.

The proposal was placed on the consent calendar for the Planning Commission agenda and was approved unanimously without any discussion.

The Planning Commission recommended approval of the rezoning and approved the Variance request for parking, required front setback and landscaping.

Rezoning applications require approval by the Council after the Planning Commission has reviewed and provided a recommendation.

ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (“CEQA”) per CEQA Guidelines section 15301 (Class 1 - “Existing Facilities”), because the proposal involves an interior remodel and exterior modifications to the site without expanding the existing buildings.

FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expense typically covered by processing fees paid by the applicant.

COORDINATION
This report has been coordinated with the City Attorney’s Office.

PUBLIC CONTACT
On June 1, 2023, a notice of the Planning Commission and City Council Hearings for this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site.

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 Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.

At the time of this staff report, the Planning staff has not received public comments in support or opposition to the proposed project.

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23-747 Agenda Date: 7/18/2023

ALTERNATIVES

1. Determine that the Project is categorically exempt under Section 15301 (Class 1 Existing Facilities) of the CEQA Guidelines;

2. Adopt a resolution approving the Rezone from Planned Development (PD) to Heavy Industrial (MH) for the property located at 700 Mathew Street, subject to conditions of approval.

3. Deny the Rezone from Planned Development (PD) to Heavy Industrial (MH) for the property located at 700 Mathew Street, subject to conditions of approval.

RECOMMENDATION

1. Determine that the Project is categorically exempt under Section 15301 (Class 1Existing Facilities) of the CEQA Guidelines;

2. Adopt a resolution approving the Rezone from Planned Development (PD) to Heavy Industrial (MH) for the property located at 700 Mathew Street, subject to conditions of approval.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Planning Commission Staff Report of June 14, 2023

2. Resolution approving the Rezone

3. Applicant Statement of Justification and Operational Plan

4. Development Plans
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-666 Agenda Date: 6/14/2023

REPORT TO PLANNING COMMISSION

SUBJECT
Action on a Rezone from PD - Planned Development to MH - Heavy Industrial and Variance for the properties located at 700 Mathew Street (CEQA: Categorical Exemption, Class 1 Section 15301 Existing Facilities)

REPORT IN BRIEF
Applicant: Brian Brown, HPC Architecture
Owner: Andrew Czisch, QMS Shields
General Plan: Heavy Industrial
Zoning: Planned Development (PD)
Site Area: 64,898 square feet
Existing Site Conditions: The property is developed with an industrial building that is currently vacant and surface parking.

Surrounding Land Uses
:

North: Vantage Data Center
South: Digital Realty Data Center
East: Heavy Industrial Uses
West: Heavy Industrial Uses
Issues: Consistency with the City’s General Plan and conformance with the City’s Zoning Ordinance Staff Recommendation: Approve a Class I Categorical Exemption per Section 15301, Existing Facilities of the CEQA Guidelines, adopt a resolution approving a Variance for the front setback, landscaping, and parking, and adopt a resolution recommending the City Council approve the Rezone from Planned Development (PD) to Heavy Industrial (MH) for the property located at 700 Mathew Street, subject to conditions of approval.

BACKGROUND
On February 16, 2023, Brian Brown with HPC Architecture (“Applicant”), on behalf of Andrew Czisch with QMS Shields (“Owner”) filed an application (File No. PLN23-00054) to change the use of two parcels (APNs: 224-03-086 and 224-03-000) located at 700 Mathew Street. The proposal includes interior changes and site improvements to use the existing buildings on the site for a Heavy Industrial use of metal fabrication/spinning for the business operating as Quality Metal Spinning.

The project site consists of two buildings, Building A (22,032 square feet) and Building B (16,503 square feet) that are currently vacant. They were previously occupied with a business, “Off the Wall Soccer”, and a warehouse use. In 2005, the City Council approved a request (File No. PLN2005- 05047) to rezone the parcel (APN: 224-04-082) from Heavy Industrial (MH) to Planned Development City of Santa Clara Printed on 6/9/2023Page 1 of 5
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23-666 Agenda Date: 6/14/2023
(PD) to allow for the sale of the building located at 2201 Lafayette Street. Along with the Rezoning, the City Council also approved a Tentative Parcel Map (File No. PLN2005-04910) to subdivide the property into two parcels with one common area parcel. This created three parcels- Parcel One (700 Mathew Street, APN: 224-03-086), Parcel Two (2201 Lafayette Street, APN: 224-03-087) and Parcel Three (Parking lot along Mathew Street, APN: 224-03-000). The rezoning was approved with specific conditions of approval restricting the use of Parcel One to warehouse use or a soccer recreational facility that was an existing approved use through a previous Use Permit. A parking variance was also approved by the Planning Commission to provide 48 parking spaces, where 58 parking spaces were required by Code. A Parking Agreement was executed between Parcel One and Parcel Two, where ten parking spaces on Parcel Three would be available for use by Parcel Two.

The current application includes only Parcel One (warehouse/former indoor recreation) and Parcel Three (surface parking lot). Given the specific uses allowed in the existing PD zoning, the proposal to use this site for Heavy Industrial use (Quality Metal Spinning) would require a Rezone from Planned Development (PD) to Heavy Industrial (MH). Both buildings have been vacant since November 2021 and the existing Use Permit has expired. The proposal would preserve the configuration of the required 10 parking spaces on Parcel Three and they would continue to be available for use by Parcel Two per the existing Parking Agreement. This project also includes a Variance as discussed below.

DISCUSSION
The proposal includes interior remodeling, adding a mezzanine area for office use, equipment platforms in each of the buildings, restriping the parking lot, adding a new trash enclosure, adding a sidewalk and other site improvements. The footprint of the existing buildings would not change.

Parcel One does not have any parking and would require an off-site parking permit to utilize the parking on Parcel Three to provide the required 32 parking spaces for the proposed heavy industrial use. Per Section 18.86.040, off-site parking permits shall be granted administratively by the Zoning Administrator. With the new requirement to add a sidewalk along the project frontage and improve Fire access, the proposal will be short of the required parking by six spaces and would require a parking variance. Additionally, the project proposal includes a variance request for the required front setback and landscaping in the Heavy Industrial Zoning district for Parcel One as the existing building is built to the property line and a variance for required landscaping for Parcel Three to accommodate the new sidewalk. The project was reviewed by applicable City departments at the Project Clearance Committee meeting on May 23, 2023. The property owner has worked with the City departments to develop a phased approach for the construction of the project and appropriate conditions of approval have been added (Attachment 3).

General Plan Conformance
The land use designation for site is currently Heavy Industrial that allows primarily manufacturing, refining, warehouse and distribution, and similar activities. Therefore, the proposed Rezoning from Planned Development (PD) to Heavy Industrial (MH) will be consistent with the General Plan.

Further, the proposed project is consistent with existing General Plan Policies as follows:

General Land Use Policies
· 5.3.1-P8: Work with property owners to improve or redevelop underutilized and vacant properties.
· 5.3.1-P9: Require that new development provide adequate public services and facilities, infrastructure, and amenities to serve the new employment or residential growth.

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23-666 Agenda Date: 6/14/2023
The project would revamp the vacant and underutilized property by locating a new Quality Metal Spinning business. The project site is located in an urban environment surrounded by primarily industrial uses and is served by existing public services, facilities, infrastructure, and amenities. The proposal will make necessary infrastructure upgrades to serve the new use.

Office and Industrial Land Use Policies
· 5.3.5
‐
P1 Work with existing Santa Clara businesses to retain and expand employment opportunities and strengthen the existing tax base.
· 5.3.5
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P11 Construct sidewalks in industrial areas, with priority along streets served by existing or planned transit services.
· 5.3.5
‐
P16 Protect the industrial land use designations from incompatible uses in order to maintain the City’s strong fiscal health and quality services that are supported by new businesses and technologies and retention of well
‐
established existing businesses.

The proposed business would have up to 35 employees, providing employment opportunities in Santa Clara. The project has a condition of approval to construct a sidewalk along Mathew Street.

The proposed heavy industrial use will be consistent with the industrial land use designation for the parcel.

Zoning Conformance
The project site is zoned PD with specific conditions of approval restricting the use of Parcel One to warehouse use or a soccer recreational facility. The proposed rezone to MH from PD would allow for heavy industrial use, which was the original use at this site. The project site consists of two parcels (224-03-086 and 224-03-000) that will meet all the regulations listed in Chapter 18.50 Heavy Industrial Zoning District except the required front setback and landscaping. The MH Zoning district requires a front setback of 15 feet and a minimum of ten feet of the required front yard to be maintained as open landscape area. The existing buildings on ‘Parcel One’ (700 Mathew Street; 224- 03-086) are constructed with zero front setback and do not provide the required landscaping.

Similarly, ‘Parcel Three’ does not meet the ten feet landscaping requirement of the MH zoning district.

The proposal includes a request for a variance from Sections 18.50.080 Front Setback and

18.50.120(a) Landscaping of the zoning code.

The project site will be accessed through a 26-foot wide circular driveway. A five-foot wide sidewalk meandering around the existing transmission poles will be constructed along the project frontage along Mathew Street behind the existing landscaping fronting the site. Per Section 18.74.020(h)(3) (A), the proposed use will require 32 parking spaces at a ratio of 1 space per 1,500 square feet of floor area. The project provides 26 parking spaces and would therefore require a Variance for Parking.

Variance Request
In order to grant a Variance, the Planning Commission must make the findings listed in the Zoning Code (SCCC Section 18.108.040). The Zoning Code limits granting of Variances to situations where the peculiar physical characteristics of a site would make it difficult to develop consistent with standard regulations. A Variance may be granted in order to enable the development of a disadvantaged property at the equivalent level of use enjoyed by nearby properties in the same zone.

The subject site has an unusual condition in that the Rezoning and Tentative Map approval in 2005 City of Santa Clara Printed on 6/9/2023Page 3 of 5
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23-666 Agenda Date: 6/14/2023
created a substandard condition for front setback and landscaping in that the building on Parcel One is built at the front property line thereby not allowing for a setback or landscaping. Additionally, the existing buildings were constructed in the 70’s with reduced parking. The proposed use would repurpose the existing industrial site and the variance is necessary for the preservation and enjoyment of the substantial property rights of the owner.

The Variance is recommended for approval by the Planning Commission, but would only become effective in the event that the City Council approves the proposed rezoning. If the City Council declines to approve the rezoning, the Variance resolution will be null and void. If the City Council approves the rezoning, then the Variance resolution shall become effective on the effective date of the rezoning.

Conclusion
The project site is located in a heavy industrial neighborhood originally zoned MH and developed with industrial buildings and uses. Therefore, the proposed project to rezone the property to MH meets the purpose and intent of the Zoning Code and is in conformance with the General Plan designation of Heavy Industrial.

ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (“CEQA”) per CEQA Guidelines section 15301 (Class 1 - “Existing Facilities”), because the proposal involves interior remodel and exterior modifications to the site without expanding the existing buildings.

FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expense typically covered by processing fees paid by the applicant.

COORDINATION
This report has been coordinated with the City Attorney’s Office.

PUBLIC CONTACT
On June 1, 2023, a notice of public hearing on this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 300 feet of the project site. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed project.

RECOMMENDATION

1. Approve the use of the Class I Categorical Exemption per Section 15301, Existing Facilities of the CEQA Guidelines;

2. Adopt a resolution approving the Variance for front setback, landscaping, and parking, including the required findings; and

3. Adopt a resolution recommending City Council approve the Rezone from Planned Development (PD) to Heavy Industrial (MH) for the property located at 700 Mathew Street, subject to conditions of approval.

Prepared by: Nimisha Agrawal, Senior Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager
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23-666 Agenda Date: 6/14/2023

ATTACHMENTS

1. Resolution recommending approval for Rezone

2. Resolution approving the Variance

3. Conditions of Approval

4. Applicant Statement of Justification and Operational Plan

5. Development Plans
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Resolution/ 700 Mathew Street - Rezoning Page 1 of 4
Rev. / Typed 12-2-22
RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA , CALIFORNIA , RECOMMENDING

THAT THE CITY COUNCI L APPROVE A REZONING FROM

PLANNED DEVELOPMENT (PD) TO HEAVY INDUSTRIAL (MH)

TO ALLOW THE PROPOSED USE OF HEAVY INDUSTRIAL AT
700 MATHEW STREET, SANTA CLARA

(File No. PLN23-00054- Rezoning and Variance)

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on February 16, 2023, Brian Brown with HPC Architecture (“Applicant”), on behalf of Andrew Czisch with QMS Shields (“Owner”) filed an application (PLN23 -00054) for the 64,989 square foot site consisting of two contiguous parcels (APN: 224-03-086 and 224-03-000) located at 700 Mathew Street with a surface parking lot and two one -story industrial buildings totaling 38,535 square feet (“Project Site”)’;
WHEREAS, the General Plan land use designation for the Project Site is Heavy Industrial, and it is zoned Planned Development (PD);
WHEREAS, the Project Site is developed with two industrial buildings that were previously occupied by a recreation business, ‘Off the Wall Soccer’, warehouse, and surface parking; WHEREAS, the Property Owner applied to rezone the Project Site from Planned Development (PD) to Heavy Industrial (MH) to allow the existing buildings to be used for a heavy industrial business (“Project”) as shown on the development plans, attached hereto and incorporated herein by reference;
WHEREAS, the Project is Categorically Exempt from formal environmental review per Section 15301, Class 1 “Existing Facilities” of the Guidelines of the California Environmental Quality Act (“CEQA”), which applies to small additions and minor modifications to existing facilities. Here the proposal involves a small mezzanine addition inside the building without changing the building footprint and site improvements, and would have negligible effects on the environment; Resolution/ 700 Mathew Street - Rezoning Page 2 of 4
Rev. / Typed 12-2-22
WHEREAS, on June 1 , 2023, the notice of meeting date for this item was posted in three conspicuous locations within 300 feet of the Project Site and mailed to property owners within a 300 foot radius of the Project Site for the Planning Commission hearing on June 14, 2023; and, WHEREAS, on June 14, 2023, the Planning Commission held a duly noticed public hearing to consider the Variance application, during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the proposed Project.

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

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

2. That the Planning Commission hereby recommends that the City Council rezone the Project Site from Planned Development (PD) to Heavy Industrial (MH) to allow the existing buildings on the project site to be used for a heavy industrial business; as depicted on the attached Illustration Plan, incorporated herein by this reference. //

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Resolution/ 700 Mathew Street - Rezoning Page 3 of 4
Rev. / Typed 12-2-22

3. 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 PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A SPECIAL MEETING THEREOF HELD ON THE 14th DAY OF JUNE 2023, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

ANDREW CRABTREE

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA

Attachments Incorporated by Reference:

1. Development Plans
Resolution/ 700 Mathew Street - Variance Page 1 of 4
Rev. / Typed 12-2-22
RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA , CALIFORNIA , APPROVING A

VARIANCE FOR THE FRONT SETBACK , REQUIRED

LANDSCAPING AND PARK ING TO ALLOW THE PROPOSED
USE OF HEAVY INDUSTR IAL AT 700 MATHEW STREET ,

SANTA CLARA
(File No. PLN23-00054- Rezoning and Variance)

BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on February 16, 2023, Brian Brown with HPC Architecture (“Applicant”), on behalf of Andrew Czisch with QMS Shields (“Owner”) filed an application (PLN23 -00054) requesting a Variance for the property located at 700 Mathew Street (APN: 224-03-086 and 224 -03-000) (“Project Site”) in the City of Santa Clara;
WHEREAS, the General Plan land use designation for the Project Site is Santa Clara Station Heavy Industrial;
WHEREAS, the Project Site is zoned Planned Development (PD); WHEREAS, the Project Site is developed with two industrial buildings that were previously occupied with a recreation business, ‘Off the Wall Soccer’, warehouse and surface parking; WHEREAS, the Property Owner has submitted an application for a Variance (“Project”) to Section

18.50.080 of the City Code to allow a zero front setback, where 15 feet is required, a Variance to Section 18.50.120(a) of the City Code’s landscaping requirement for the first minimum of ten feet of the required front yard to be maintained as open landscape area, and a Variance from Section

18.74.020(h)(3)(A) of the City Code for reduced parking of 26 spaces where 32 parking spaces are required to allow the existing buildings to be used for a heavy industrial business; WHEREAS, the Project is Categorically Exempt from formal environmental review per Section 15301, Class 1 “Existing Facilities” of the Guidelines of the California Environmental Quality Act (“CEQA”), which applies to small additions and minor modifications to existing facilities. Here the Resolution/ 700 Mathew Street - Variance Page 2 of 4
Rev. / Typed 12-2-22
proposal involves a small mezzanine addition inside the building without changing the building footprint and site improvements and would have negligible effects on the environment; WHEREAS, on June 1 , 2023, the notice of meeting date for this item was posted in three conspicuous locations within 300 feet of the Project Site and mailed to property owners within a 300 foot radius of the Project Site for the Planning Commission hearing on June 14, 2023; and, WHEREAS, on June 14, 2023, the Planning Commission held a duly noticed public hearing to consider the Variance application, during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the proposed Variance.

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

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

2. That the Planning Commission hereby approves the Variance to the Heavy Industrial (MH) zoning regulations and parking regulations to allow the existing buildings on the project site to be used for a heavy industrial business; as depicted on the attached Illustration Plan and subject to the attached Conditions of Approval, all of which are incorporated herein by this reference.

3. That pursuant to SCCC Section 18.108.040, the Planning Commission hereby makes the following findings related to the Variance request:

A. That there are special conditions and extraordinary circumstances applicable to the property involved or its intended uses and which were not created by the owner or his/her tenant, in that the Rezoning and Tentative Map approval in 2005 for the project site created a substandard condition for front setback and landscaping, and that a parking variance was also approved at that time.

B. That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner, in that it would allow the rehabilitation of the existing Resolution/ 700 Mathew Street - Variance Page 3 of 4
Rev. / Typed 12-2-22
underutilized site that is almost fully built out by existing buildings and is significantly constraint in the approved use of recreation soccer or warehouse through the PD approval.

C. That literal enforcement of the provisions of the Heavy Industrial Zoning district and parking regulations would result in unnecessary hardship inconsistent with the spirit and intent of the zoning code, in that the project utilizes the existing footprint of the industrial buildings to establish a heavy industrial business consistent with the General Plan land use designation of Heavy Industrial.

D. That the granting of such Variance shall not, under the circumstances of the particular case, materially affect adversely the health, safety, peace, comfort or general welfare of persons residing or working in the neighborhood of the applicant’s property, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood, in that the proposal would allow the adaptive reuse of the existing vacant industrial buildings, site improvements and better connectivity to the neighborhood. ///
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Resolution/ 700 Mathew Street - Variance Page 4 of 4
Rev. / Typed 12-2-22

4. Effective date. This project comprises two entitlements: the variance approved by this resolution, and a separate rezoning to be approved by the City Council. This resolution shall become effective only in the event that the City Council approves that rezoning. If the City Council declines to approve the rezoning, this resolution shall be null and void. If the City Council approves the rezoning, then this resolution shall become effective on the effective date of the rezoning.

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

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A SPECIAL MEETING THEREOF HELD ON THE 14th DAY OF JUNE 2023, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

ANDREW CRABTREE

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA

Attachments Incorporated by Reference:

1. Conditions of Approval

2. Development Plans
________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023

CONDITIONS OF APPROVAL

GENERAL
A. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

B. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

BUILDING DIVISION
BD1. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map:
https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.

BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
• https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.

BD3. No construction code review or analysis is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (CBC Ch. 3), all building heights and areas (CBC Ch. 5), all proposed types of construction (CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (CBC Ch. 7), all proposed interior finishes fire resistance (CBC Ch. 8), all fire protection systems proposed (CBC Ch. 9), and all means of egress proposed (CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged.
• During construction retaining a single company to install all fire rated penetrations is highly recommended.
• The grade level lobbies shall be min.1 hour rated all sides and above. • All stair shafts shall be min. 1 hour rated.
• All elevator shafts shall be min. 1 hour rated.
• All trash chute shafts shall be min. 1 hour rated.
________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 • Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. • Any trash rooms shall be min. 1 hour rated all sides and above.

BD4. The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.

BD5. Temporary Certificates of Occupancy will not be routinely issued and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.

BD6. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.

PLANNING DIVISION
P1. Any modification to the approved statement of operations shall require an amendment to the use permit subject to Planning Commission review and approval prior to commencement of any new or modified business operation.

P2. Any new or existing lighting shall be adequately addressed in the interest of safety and sensitivity to nearby properties.

P3. The existing landscape cover shall be maintained and supplemented with new ground cover/plants matching the existing. Additionally, the existing irrigation system shall be maintained, and necessary repairs shall be made to help sustain the ground cover on the property.

P4. The business owner shall be responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P5. Rooftop equipment, if any, shall be screened.

P6. Incorporate Best Management Practices (BMPs) into construction plans and incorporate post construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of permits, including the disconnection of roof downspouts to drain over landscaped yards on site.

P7. Submit plans for final architectural review to the Planning Division and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to site plans, floor plans, elevations, landscaping, lighting and signage. Landscaping installation shall meet City water conservation criteria in a manner acceptable to the Director of Planning and Inspection. Lighting details shall be provided as part of the Architectural Review for the project and shall be designed and maintained to avoid light trespass and reflect away from residential properties and public streets.

P8. Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and shall not be allowed on recognized State and Federal holidays.

P9. Provide trash enclosure, the location and design of which shall be approved by the Director of Planning and Inspection prior to issuance of any building permits. Commercial, industrial, and multi-family residential buildings must have enclosures for solid waste and recycling containers. The size and shape of the enclosure(s) must be adequate to serve the estimated solid waste and recycling needs and size of the building(s) onsite and should be designed and located on the property so as to allow ease of access by collection vehicles. As a general rule, the size of the enclosure(s) for the recycling containers should be similar to the size of the trash enclosure(s) provided onsite. Roofed enclosures ________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 with masonry walls and solid metal gates are the preferred design.

P10. Use shall operate in a manner such that it does not create a public or private nuisance.

FIRE
F1. Prior to Building Permit Issuance, a Phase II environmental assessment is required to be submitted to CRRD for review. If hazards are present that require site mitigation, cleanup, or management of chemical contaminants in soil, soil vapor, or groundwater a separate permit from one of the regulatory agencies below will be required. The type and extent of contamination on site(s) will govern which of the regulatory agencies noted below can supervise the cleanup:
a. Department of Toxic Substances Control (DTSC);
b. State Water Resources Control Board; or
c. Santa Clara County, Department of Environmental Health. d. If the project intends to contract with a State or County Agency for onsite/offsite environmental remediation activities the following documentation shall be provided to the Fire Prevention & Hazardous Materials Division prior to issuance of a Building Permit for demolition or grading:

Oversight agency case number; and Oversight mangers contact name, phone number.

F2. Prior to Building Permit Issuance, a Hazardous Materials Inventory Statement is required to be submitted and reviewed.

F3. Prior to Building Permit Issuance, a permit for Construction Safety & Demolition shall be submitted to the fire department for review and approval in compliance with our Construction Safety & Demolition standard.

F4. Prior to Building Permit Issuance, provide documentation from the City of Santa Clara Water & Sewer Department that the minimum required fire-flow can be met. Fire Department fire-flow will be based on the current California Fire Code. The most restrictive departments requirement shall apply.

F5. Prior to Building Permit Issuance, a separate construction permit for fire hydrants shall be obtained from the fire department. The required number, location and distribution of fire hydrants for the buildings will be based on the current California Fire Code, Appendix C as amended. The required number of fire hydrants will be based on the fire-flow before the reduction for fire sprinklers. Both public and private fire hydrants will be required.

F6. Prior to the issuance of the Building Permit, a construction permit from the fire department apparatus access roads is required to be submitted for review and approval. Roadways must be provided to comply with all the following requirements:
a. Fire apparatus access roadways shall be provided so that the exterior walls of the first story of the buildings are located not more than 150 feet from fire apparatus access as measured by an approved route around the exterior of each building. In addition, aerial apparatus roadways must be located so aerial apparatus will have clear access to the “entire” face/sides of the building. The minimum number of sides is project-specific and depends on the building configuration, building design, occupancy, and construction type, etc. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment permit application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. Please note acceptable mitigation methods may have been agreed to during the planning stage. A formal alternate means permit is needed to document that and needs to be submitted concurrently with the Building Plans.
b. The parking garage fire department drive-thru shall have a minimum vertical clearance of not less than 16 feet. For all other areas, the “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches.
c. The “minimum” width of aerial roadways for aerial apparatus is 26 feet. ________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 d. The minimum inside turning radius shall be 30 feet, and minimum outside of 56 feet. e. The “minimum” width of roadways for aerial apparatus is 26 feet. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building. f. Overhead utility and power lines easements shall not be located over fire apparatus access roads or between the aerial fire apparatus roads and the buildings to avoid the possibility of injury and equipment damage from electrical hazards.
g. Fire apparatus access roadways shall be all-weather surface(s) designed to support a gross vehicle weight of 75,000-pounds.
h. Trees at full development must not exceed 30’ in height and not impair aerials apparatus operations to sweep opposing sides of a building. Other obstructions such as site lighting, bio- retention, and architectural features are reviewed case-by-case to ensure they do not obstruct aerial and ground ladder access. Exception: Existing Redwoods trees around the perimeter of the proposed parking garage.
i. Traffic control/calming devices are not permitted on any designated fire access roadway unless approved. A separate Fire Department permit is required for any barrier devices installed alone fire department apparatus access roads.
j. Prior to any Building Department Issuance, all fire department apparatus access roadways on private property are required to “be recorded” with the County of Santa Clara as Emergency Vehicle Access Easements (EVAE’s) and reviewed by the Fire Department. No other instruments will be considered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways.
k. Prior to Building Permit Issuance, any EVAEs or fire protection equipment (including but not limited to fire service undergrounds, sprinkler piping, fire alarm equipment, fire pumps, ERRCS) that cross property lines or is not located on the parcel of the building it serves shall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE or fire protection equipment.

F7. Prior to any Building Permit issuance, an alternate means or methods permits to mitigate any code deficiency must be submitted and approved. Please submit this permit concurrently with the building plans. Please note specific mitigations may have been discussed and approved during the PCC process. The AMM permit is formally documenting that and still needs to be submitted. Conversely, mitigation methods may have not been specified during the PCC process in which case the AMM permit will be evaluated at the Building Permit phase. Due to this building being a change of occupancy, any alternate means permit approved will need to have any mitigation methods completed before occupancy of the building.

PUBLIC WORKS

ENGINEERING
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 submitted within a Single Encroachment Permit to be reviewed and 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. ________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 E3. Submit public improvement/encroachment permit plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements directly to the Public Works Department. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.

E4. Construct minimum 5’ ADA compliant sidewalk and driveways along entire frontage.

E5. Dedicate 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.

E6. Dedicate new public utility easement and vacate existing public utility easement so there is no encroachment of existing building into easement.

E7. Submit Vehicle Miles Travel and vehicle trip calculations in accordance with the City transportation policy https://www.santaclaraca.gov/our-city/departments-g-z/public-works/engineering/traffic- engineering/transportation-analysis-policy-update
E8. Landscape improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.

E9. All on-site structures must be clear of Driveway Visibility Clearance Areas per City Standard Detail TR -

9. E10. Trash collection shall be conducted on-site.

E11. Design and construct minimum 5-foot wide sidewalk along project frontage. A minimum 4-foot clearance around obstructions in sidewalk is required.

E12. Design and construct driveway in accordance with City Standard Detail ST-8.

E13. Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction
E14. Bicycle parking shall be 2 Class I spaces (1 per 20 employees) and 10 Class II spaces (1 per 5,000 s.f.) per VTA Bicycle Technical Guidelines.

E15. Class I and Class II bicycle parking, as defined in SCMC 18.74.075, shall be conveniently accessible from the street, within 200 feet of a building entrance and/or highly visible areas.

STREETS DIVISION
Right of Way Landscape
L1. Include City of Santa Clara Tree Preservation/City Arborist specifications on all improvement plans.

L2. No removal or cutting of any part of trees in the ROW, including roots, shall be done without securing prior approval of the City Arborist. Tree trimming/removal shall be done in accordance to the City of Santa Clara Tree Preservation/City Arborist specifications and with direct supervision of a certified arborist (Certification of International Society of Arboriculture).

L3. Trees that are removed from City ROW are subject to a 2:1 replacement. If replacement ratio can’t be met, a tree planting fee shall be paid by the developer.

L4. Identified existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.

L5. All approved landscaping shall be maintained by the development.

Solid Waste
SW1. The applicant shall complete and provide the Post-Construction Solid Waste Generation Estimation and Collection Form, which includes the estimation of trash and recycling materials generated from the project. Use the City’s Solid Waste Guidelines for New and Redevelopment Projects as specified by the development type. Contact the Public Works Department at [email protected] or (408) 615-3080 for more information.

SW2. The applicant shall provide a site plan showing all proposed locations of solid waste containers, chutes, compactors, trash enclosures and trash staging areas. The site plan shall show the route or access for trash and recycling collectors (trucks) including vertical clearance, turning radius and street/alley widths.

All plans shall comply with the City’s Solid Waste Guidelines. ________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 SW3. For projects that involve construction, demolition or renovation of 5,000 square feet or more, the applicant shall comply with City Code Section 8.25.285 and recycle or divert at least sixty five percent (65%) of materials generated for discard by the project during demolition and construction activities. No building, demolition, or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. Applicant shall create a Waste Management Plan and submit, for approval, a Construction and Demolition Debris Recycling Report through the City’s online tracking tool at http://santaclara.wastetracking.com/.

SW4. Prior to obtaining a Temporary or Final Certificate of Occupancy, individual weight tickets for all materials generated for discard or reuse by the project during demolition and construction activities shall be uploaded to Green Halo and submitted for review and approval by Environmental Services. At a minimum two (2) weeks review time is required.

SW5. This project is subject to the City’s Accumulation, Transportation and Disposal of Solid Waste Ordinance (Chapter 8.25 of the Municipal Codes), which requires the handling and disposal of waste by authorized service haulers. Insert the General Notes for the Construction & Demolition (C&D) Waste Management into construction plans in accordance with the City’s municipal codes prior to the issuance of a Building or Grading permit. Provide the Green Halo waste online tracking number to Building staff prior to the issuance of a demolition or building permit.

SW6. This property falls within the City’s exclusive franchise hauling area. The applicant is required to use the City’s exclusive franchise hauler and rate structure for any hired debris boxes. Prior to the issuance of a Public Works clearance, the project applicant shall complete and sign the Construction and Demolition (C&D) / Waste Management Rules and Regulations Form.

SW7. All refuse from all residential, commercial, industrial and institutional properties within the city shall be collected at least once a week, unless otherwise approved in writing (SCCC 8.25.120). All project shall submit to the Public Works Department the preliminary refuse service level assessment for approval.

Stormwater
ST1. The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans. Include the

SCVURPPP
Countywide Construction BMPs Plan Sheet with the plans.

ST2. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.

ST3. Full Trash capture devices shall be installed in any site drain that is not part of a stormwater biorentention treatment area that connects to the City’s stormdrain system. Devices installed shall meet the State Water Resources Control Board standard and manufacturer and type shall be chosen from the
State Water Resources Control Board’s Certified Full Capture System List of Trash Treatment Control Devices.

ST4. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST5. Floor drains within trash enclosures shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST6. All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for runoff to contact pollutants.

ST7. The use of architectural copper is discouraged. If such material is used, all wastewater generated by the installation, cleaning, treating, or washing of the surface of copper architectural features, including copper roofs, shall not be discharged to the City’s storm drain system.

SILICON VALLEY POWER
SVP1. Applicant has a separate permit BLD22-65860 for the electrical upgrades to this building. As part of this permit a developers work drawing will be require for new conduits/infrastructure along the frontage. This may be completed with an SVP estimator or through the applicant design process. Please reach out to your key customer representative “Ashley Sterling <[email protected]>” if you wish to proceed with the applicant design process.
________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 SVP2. Loads for the parcel are not to exceed 2.5MVA cumulatively between the two services.

SVP3. Clearances: (Make sure job notes do not conflict with SVP clearance requirements) a. EQUIPMENT
i. Ten (10) foot minimum clearance is required in front of equipment access doors. (UG1000 sheet 11)
ii. Five (5) foot minimum clearance from pad is required on sides without equipment access doors. (UG1000 sheet 11)
iii. Eighteen (18) foot minimum width, shall be provided and maintained on one side of the equipment pad to allow an electric dept. line truck to drive up next to the pad for installation and maintenance of equipment. (UG1000 Sheet 11). iv. Barrier pipes are required only on sides accessible to vehicles. (UG1000 Sheet 12).

1. Thirty (30) inches from side of equipment sides.

2. Forty Eight (48) inches in front of access doors.
a. Barrier Pipes in front of access doors shall be removable. b. CONDUITS
i. Five (5) foot minimum longitudinal clearance between new conduits or piping systems (open trench installation) and any existing or proposed SVP conduit system. This is for longitudinal. (UG1250 sheet 5)
ii. Twelve (12) inch minimum vertical clearance between new conduit/pipes installed perpendicular to existing SVP conduits for open trench installations. (UG1000 sheet 36, UG1250 Sheet 6)
iii. Three (3) foot six (6) inches clearance is required from poles for open trench installation.

Exceptions are for riser conduit. (UG1250 Sheet 7)
iv. Three (3) foot minimum clearance is required between sign posts, barrier pipes or bollards, fence posts, and other similar structures. ( UG1250 sheet 10). v. Five (5) foot minimum from new splice boxes, pull boxes, manholes, vaults, or similar subsurface facilities. (UG1000 sheet 8)
vi. Five (5) foot minimum clearance from walls, footings, retaining wall, landscape planter, tree root barrier or other subsurface wall or structure. (UG1250 sheet 9). vii. Five (5) foot minimum clearance is required between fire hydrant thrust block. The thrust block extends 5’ foot on either side of the fire hydrant in line with the radial water pipe connected to the hydrant.
c. VAULTS/MANHOLES
i. Ten (10) foot minimum clearance is required between adjacent Vaults or Manholes. ii. Five (5) foot minimum clearance is required between adjacent conduits. iii. Minimum 36” from face of curb, or bollards required. d. Poles (Electrolier, Guy Stub poles, service clearance poles, self-supporting steel poles and lighting poles.)
i. Three (3) foot six (6) inches clearance is required from poles for open trench installation.

Exceptions are for riser conduit. (UG1250 Sheet 7)
e. Guy Anchors
i. Five (5) foot minimum clearance is required between center of anchor line and any excavation area. (UG1250 sheet 15).
f. Trees
i. OH 1230 for Overhead Lines
ii. SD 1235 for Tree Planting Requirements near UG Electric Facilities SVP4. Reference listed SVP standards for clearances.
a. Installation of Underground Substructures by Developers b. UG1250 – Encroachment Permit Clearances from Electric Facilities c. UG0339 – Remote Switch Pad
d. OH1230 – Tree Clearances From Overhead Electric Lines e. SD1235 – Tree Planting Requirements Near Underground Electric Facilities ________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 SVP5. Prior to submitting any project for Electric Department review, applicant shall provide a site plan showing all existing utilities, structures, easements and trees. Applicant shall also include a “Load Survey” form showing all current and proposed electric loads. A new customer with a load of 500KVA or greater or 100 residential units will have to fill out a “Service Investigation Form” and submit this form to the Electric Planning Department for review by the Electric Planning Engineer. Silicon Valley Power will do exact design of required substructures after plans are submitted for building permits.

SVP6. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

SVP7. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

SVP8. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050.

SVP9. Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes. Electric meters and main disconnects shall be installed per Silicon Valley Power Standard MS-G7, Rev. 2.

SVP10. The developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter

17.15.110).

SVP11. If the “legal description” (not “marketing description”) of the units is condominium or apartment, then all electric meters and services disconnects shall be grouped at one location, outside of the building or in a utility room accessible directly from the outside. If they are townhomes or single-family residences, then each unit shall have it’s own meter, located on the structure. A double hasp locking arrangement shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided. Utility room door(s) shall not be alarmed.

SVP12. If transformer pads are required, City Electric Department requires an area of 17’ x 16’-2”, which is clear of all utilities, trees, walls, etc. This area includes a 5’-0” area away from the actual transformer pad. This area in front of the transformer may be reduced from a 8’-0” apron to a 3’-0”, providing the apron is back of a 5’-0” min. wide sidewalk. Transformer pad must be a minimum of 10’-0 from all doors and windows, and shall be located next to a level, drivable area that will support a large crane or truck.

SVP13. All trees, existing and proposed, shall be a minimum of five (5) feet from any existing or proposed Electric Department facilities. Existing trees in conflict will have to be removed. Trees shall not be planted in PUE’s or electric easements.

SVP14. Any relocation of existing electric facilities shall be at Developer’s expense.

SVP15. Electric Load Increase fees may be applicable.

SVP16. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property.

Upon completion of improvements satisfactory to the City, the City shall accept the work. Developer shall further install at his cost the service facilities, consisting of service wires, cables, conductors, and associated equipment necessary to connect a customer to the electrical supply system of and by the City. After completion of the facilities installed by developer, the City shall furnish and install all cable, switches, street lighting poles, luminaries, transformers, meters, and other equipment that it deems necessary for the betterment of the system (Santa Clara City Code chapter 17.15.210 (2)).

SVP17. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or more or any series of
non-residential private improvements made within a three-year period valued at $200,000 or more (Santa Clara City Code Title 17 Appendix A (Table III)).

SVP18. Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “Open-Transition-Mode”, unless specifically authorized by SVP Electric Engineering Division.

A Generating Facility Interconnection Application must be submitted with building permit plans. ________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

SVP19. Encroachment permits will not be signed off by Silicon Valley Power until Developers Work substructure construction drawing has been completed.

SVP20. All SVP-owned equipment is to be covered by an Underground Electric Easement (U.G.E.E.) This is different than a PUE. Only publically-owned dry utilities can be in a UGEE. Other facilities can be in a joint trench configuration with SVP, separated by a 1’ clearance, providing that they are constructed simultaneously with SVP facilities. See UG 1000 for details.

SVP21. Proper clearance must be maintained from all SVP facilities, including a 5’ clearance from the outer wall of all conduits. This is in addition to any UGEE specified for the facilities. Contact SVP before making assumptions on any clearances for electric facilities.

SVP22. Transformers and Switch devices can only be located outdoors. These devices MAY be placed 5’ from an outside building wall, provided that the building wall in that area meets specific requirements. (See UG 1000 document for specifics) EXAMPLE: If there are any doors, windows, vents, overhangs or other wall openings within 5’ of the transformer, on either side, then the transformer MUST be 10’ or more away from the building. These clearances are to be assumed to be clear horizontally 5’ in either direction and vertically to the sky.

SVP23. All existing SVP facilities, onsite or offsite, are to remain unless specifically addressed by SVP personnel by separate document. It is the Developers responsibility to maintain all clearances from equipment and easements. Developer to contact SVP outside of the PCC process for clear definitions of these clearance requirements. Developer should not assume that SVP will be removing any existing facilities without detailed design drawings from SVP indicating potential removals. Simply indicating that SVP facilities are to be removed or relocated on conceptual plans does not imply that this action has been approved by SVP.

SVP24. SVP does not utilize any sub-surface (below grade) devices in its system. This includes transformers, switches, etc.

SVP25. All interior meter rooms at ground level are to have direct, outside access through only ONE door.

Interior electric rooms must be enclosed in a dedicated electric room and cannot be in an open warehouse or office space.

SVP26. High Rise Metering and Multi-Floor Infrastructure Requirements a. Refer to UG0250 – High Density Residential Metering Requirements b. Refer to FO-1901 – Fiber Optic Splicing and Testing Methods SVP27. In the case of podium-style construction, all SVP facilities and conduit systems must be located on solid ground (aka “real dirt”), and cannot be supported on parking garage ceilings or placed on top of structures.

SVP28. Applicant is advised to contact SVP (CSC Electric Department) to obtain specific design and utility requirements that are required for building permit review/approval submittal. Please provide a site plan to Leonard Buttitta at 408-615-6620 to facilitate plan review.

SVP29. In events where electric load demand exceeds 2MVA or service size exceeds 4000 Amps at 480V for a building, the Customer shall take service at 12KV. If electric load for a single metered location service exceeds 4.5MVA, additional 12KV service(s) may be provided. All 12KV utility connection points terminate at the Customer Switchgear. UGEE easement up to the Customer Switchgear is required, along with an 18’ drivable space. 10’ working clearance is required in front of and behind the switchgear. 5’ working clearance is required on the sides of the switchgear (with no panels). Customer 12KV Switchgear must be located outdoors on “real dirt” unless otherwise agreed upon with SVP. SVP owns and maintains the cable/conduit up to the customer switchgear.

SVP30. In events where electric service is provided at 120/208V or 277/480V the utility connection point is at the secondary compartment of SVP transformers. Customer owns and maintains the cable and conduits up to the SVP transformers.
________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 SVP31. No cross-parcel distribution is allowed. SVP service points must be within the parcels that they serve.

WATER & SEWER
Conditions that are to be met with Phase 0
W1. Upgrade Fire Service Backflows: All existing backflows for all fire services that will remain shall be upgraded to meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

Conditions that are to be met with Phase 1
W2. City Standard Meters and Backflows: All remaining meters and backflows for all water services that will remain but have not been upgraded shall be upgraded to meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W3. Recycled Water Use: Pursuant to Chapter 13.15, Water, Article IV. Regulation of Recycled Water Service and Use, of the Municipal Code, the project is required to use recycled water for all non-potable uses where recycled water is made available and where provided for by Recycled Water regulations.

This project is required to extend and connect to the City’s existing Recycled Water System.

W4. Recycled Water Design: Each Recycled Water land use (irrigation, dual-plumbing, cooling system, industrial processes, etc.) shall have a separate metered service connection to the main. Applicant shall verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

W5. Onsite Recycled Water Review: The applicant shall submit all completed SBWR Proposed Use Request Applications to the Compliance Division of Water and Sewer Utilities at [email protected] for review and approval. All on-site recycled water plans shall be reviewed, approved, and signed by the City of Santa Clara, SBWR, and Department of Drinking Water.

All three entities must individually review and approve a plan set for Final Approval. Contact the Compliance Division of Water and Sewer Utilities via email or by phone at (408) 615-2002 for more information.

W6. On-site Recycled Water Construction: Construction and installation of all on-site recycled water system equipment shall not begin until the Compliance Division of Water and Sewer Utilities has approved the on-site recycled water design. Please note on-site designs are generally not the same as the Building Permit plans. On-site recycled water plans require SBWR and California State Water Resources Control Board, Division of Drinking Water signatures for final approval.

W7. On-site Recycled Water Inspection: Inspections are required at all on-site recycled water systems being installed prior to backfilling trenches or cover in walls and ceilings. Request a recycled water inspection by email [email protected] or call (408) 615-2002.

Please provide the site location, SBWR project ID, and date and time preferences. These inspections are in addition to the Building Permit inspections.

a. Need to verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

Conditions that are to be met with all Phases
W8. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.

W9. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details. ________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12” minimum vertical clearance is maintained.

W10. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W11. Separate Services: Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W12. City Standard Meters and Backflows: All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. All existing meters and backflows for all water services that will remain shall be upgraded to meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W13. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If existing services will be used, all existing meters and backflow devices shall be upgraded to meet current City standards. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.

W14. On-Site Storm Drain Treatment: Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.

W15. Water Usage: Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).

W16. Landscaping: All the landscaping for the project shall comply with the California Water Conservation in Landscaping Act, Government Code Section 65591 et. seq. All plants shall be California native, non- invasive, low water-using or moderate water-using. High water-using plants and nonfunctional turf are prohibited.

W17. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features shall be permanently connected to the City’s recycled water supply.
________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023 W18. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities.

W19. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000.

A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.

W20. Record Drawings: Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.

W21. Water Shortage Response Actions: Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.

Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
a. prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control.
b. restrict the use of potable water used for construction and dust control if recycled water is available.

This project is subject to all the requirements and restrictions of the Water Shortage Response Actions in place or adopted during the duration of the project. For more information, visit the City of Santa Clara Water & Sewer Utilities website at www.santaclaraca.gov/waterconservation

________________________________________________________________________________ 700 Mathew Street PLN23-00054
Conditions of Approval Planning Commission June 14, 2023

QMS Owner’s Operation Summary

QMS – Quality Metal Spinning and Machining, Inc. is a sheet metal forming and CNC machining company which primarily manufactures machined products delivered on a contractual basis.

The property at 700 Mathew St. will be an expansion to the company’s current operations and will primarily support high volume / low mix production on machines with a large degree of automation. This automation allows for a reduced workforce when compared to traditional manufacturing methods.

There are two major manufacturing processes utilized for our production – Metal Spinning and CNC routing. The metal spinning process transforms sheet metal into round cylindrical shaped products. The CNC machining process is utilized for traditional “subtractive routing” of billet materials and further processing of the formed sheet metal into finished products.

The equipment utilized onsite includes metal spinning lathes and various CNC support equipment (laser cutting, milling and inspection equipment). Additional operational support includes air compressors, welding, deburring, ultrasonic cleaning and degreasing, forklifts, material handling, automated storage and vending equipment. The primary raw materials processed include aluminum, stainless steel and brass as well as other common materials and alloys.

Our operations do not require any high hazard materials. All chemicals used onsite are primarily standard lubricants for the equipment, mild degreasing and cleaning supplies, glycol and compressed gases (oxygen, argon, nitrogen and propane) - all well below the MAQ for this building type. The primary uses of the compressed gases are for shielding-gas for welding, laser cutting and packaging, and process heating for the metal spinning production process.

PHASE ‘0’ (August 2023 – February 2024):

This first phase will be limited to setup for the production line to deliver on a time-critical contract. The scope will require limited TI work with no alteration to the footprint or floorspace of the buildings. TI modifications including large openings in the exterior to bring in equipment and raw materials, a remodel of an existing space into a quality control room, repair/replacement of the existing floor inside the building, and an electrical service upgrade which in already in process thru an existing permit (submitted on 6/24/2022 - currently in review with SVP).

Footings for future equipment platforms and mezzanines will also be added at the owner’s risk with the hope of acquiring entitlement to build those structures at a future date under a separate permit. The work area in this phase would be limited to approximately half of building A and all of Building B. This would allow the company to start bringing in revenue from the property which is required to continue any additional development.

PHASE ‘1’ (May 2024 – November 2024):

This next phase would bring in additional equipment and utilize the remainder floorspace for both Building A and Building B. Further repair/ replacement of the floor in the building would be required along with new engineered footings for future equipment platforms and mezzanines.

PHASE ‘2’ (March 2027 – September 2027):

This subsequent phase would include the buildout of the elevated equipment platforms, mezzanines, recessed truck dock in Building B, additional restroom facilities and additional second floor office space. Office space would remain at/under 10% of the floorspace of the property.

STAFFING:

The company aims to run a 24-hour operation with the bulk of the employees working during the day, and a limited night shift primarily monitoring the automated equipment. The split would be roughly 70% to 80% of the employees working during the day with the remainder working the night shift. Day shift is generally from 6AM – 8PM with employees staggering the start times of their standard 8-hour workdays based upon specific responsibilities. Second shift would be 6PM – 8AM again with staggered start times.

Phase 0 would require approximately 8 employees split between the two shifts.

Phase 1 would increase to 16 employees.

Phase 2 would potentially increase to 20 employees, up to a max of 35 employees.

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Steven M. Cox, A.I.A., Architect
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408.297.5.1154 I www.hpc-orch.com
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Steven M. Cox, A.I.A., Architect
255 N. Market St .. Suite 255
San Jose, CA 95110
408.297.5454 I www.hpc-orch.com

REMOVE EXISTING

PARKING STRIPES
(TYP.)

REMOVE EXISTING

STRIPE HATCHING REMOVE EXISTING

TRASH ENCLOSURE

REMOVE EXISTING

CURBS & LANDSCAPE

REMOVE EXISTING

GRAVEL PATH,

CONCRETE LANDING,
640± SF LANDSCAPING &
25± LF OF CURB.

SAWCUT NEAT OR

CONFORM AT NEXT
EXP. JOINT

RESET TO GRADE

OR RELOCATE
EXISTING COM. BOX
REMOVE 198LF EXISTING
CURB & GUTTER.

EXISTING BACKFLOW

DEVICE TO BE REPLACED

OTHER EXISTING WATER

APPURTENANCES TO

REMAIN AN PROTECTED
IN-PLACE.

SAWCUT NEAT OR

CONFORM AT NEXT
EXP. JOINT

EXISTING DRIVEWAY
TO BE REPLACED.

EXISTING DRIVEWAY
TO BE REMOVED.

EXISTING SANITARY

SEWER CLEANOUT TO BE
RESET TO GRADE.

REMOVE

EXISTING

FLAGPOLE
REMOVE

EXISTING

SITE LIGHT
REMOVE

EXISTING

SITE LIGHT

EXISTING

ELECTRICAL

LINE TO BE

ABANDON

IN PLACE

EXISTING DRIVEWAY
TO BE REPLACED.
4 SHEET

DATEBYREVISIONS DELTA

SHEETSOF
1731 Technology Drive, Suite 880 San Jose, CA 95110
t 408.286.4555 www.jmhweiss.comJAN 2023 5276DATE: DESIGNED: PROJECT NO.:CHECKED:NTBDJE 700 MATHEW STREET

SANTA CLARA, CALIFORNIA

DRAFT SET - NOT FOR CONSTRUCTION
1 C1.0

DEMOLITION LEGEND

DEMOLISH, UNLESS NOTED OTHERWISE (HATCH)

DEMOLISH, UNLESS NOTED OTHERWISE (LINE)
GENERAL DEMOLITION NOTES:

1. CONTRACTOR SHALL VERIFY ALL EXISTING UTILITY SIZES AND INVERTS. ANY DISCREPANCY BETWEEN THESE PLANS AND THE FIELD SHALL BE COMMUNICATED TO THE ENGINEER PRIOR TO DEMOLITION.

2. GAS, WATER, AND SANITARY SEWER SHOWN ON THIS PLAN FOR REFERENCE ONLY. CONTRACTOR SHALL CONTACT U.S.A. (UNDERGROUND SERVICE ALERT AT (800)-227-2600 FOR LOCATION OF ALL UTILITIES. THE

OWNER/CONTRACTOR MAY HIRE AN INDEPENDENT CONSULTANT TO LOCATE AND VERIFY ALL ONSITE UTILITIES AT THEIR OWN DISCRETION.

3. ALL WATER VALVES TO BE MARKED FOR LOCATION. CONTRACTOR TO MAINTAIN RECORD OF ALL EXISTING VALVES ON-SITE RELATED TO FIRE SUPPLY. NO HYDRANTS SHALL BE REMOVED UNLESS NOTED ON THIS PLAN.

SURVEY NOTES

1. ALL DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALSTHEREOF.

2. DATE OF FIELD SURVEY: NOVEMBER 2022

3. BOUNDARY NOTE: THE PARCEL LINES SHOWN HEREON ARE THE RESULT OFA BOUNDARY SURVEY MADE IN CONFORMANCE WITH THE REQUIREMENTSOF THE PROFESSIONAL LAND SURVEYOR’S ACT.

4. INFORMATION REGARDING BOUNDARY AND EASEMENTS; NORTHSTARSURVEY RELIED ON THE INFORMATION PROVIDED IN THE PRELIMINARYTITLE REPORT ISSUED BY CHICAGO TITLE COMPANY, ORDER NO.98204915-982-EA-KC , DATED APRIL 26, 2022.

5. UTILITY NOTE: THE TYPES, LOCATIONS, SIZES AND/OR DEPTHS OF EXISTINGUNDERGROUND UTILITIES AS SHOWN ON THIS TOPOGRAPHIC SURVEY AREBASED ON NORTHSTAR UTILITY LOCATORS. NORTHSTAR PERFORMED THEUTILITY INVESTIGATION SERVICES USING INDUSTRY ACCEPTABLE METHODSTO DETERMINE THE APPROXIMATE HORIZONTAL POSITION AND DEPTH OFEXISTING UTILITIES ON THE SUBJECT SITE. ONLY ACTUAL EXCAVATION WILLREVEAL THE TYPES, EXTENT, SIZES, LOCATIONS AND DEPTHS OF SUCHUNDERGROUND UTILITIES. A REASONABLE EFFORT HAS BEEN MADE TOLOCATE AND DELINEATE ALL KNOWN UNDERGROUND UTILITIES. HOWEVER,GIVEN THE CURRENT TECHNOLOGICAL LIMITATIONS OF THE LOCATINGEQUIPMENT, A GUARANTEE AS TO ALL UTILITIES CANNOT BE MADE.

6. TREE LABELS: TREE LABELS REPRESENT THE DIAMETER OF THE TREETRUNK IN INCHES AT BREAST HEIGHT.

BASIS OF BEARING
THE BEARING OF N16°44'00"W OF THE CENTERLINE OF LAFAYETTE STREET, BETWEEN FOUND MONUMENTS, AS SHOWN ON THAT CERTAIN MAP RECORDED ON FEBRUARY 03, 2020 IN BOOK 929 OF MAPS AT PAGES 17 THROUGH 24, SANTA CLARA COUNTY RECORDS, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY.

BENCHMARK
THE BENCHMARK USED FOR THIS SURVEY IS A CITY OF SANTA CLARA BENCHMARK, B-13, DESCRIBED AS VTA

ALUMINUM DISK, AT THE INTERSECTION OF LAFAYETTE STREET AND MARTIN AVENUE, SET IN THE SOUTHEAST CORNER RIGHT TURN ISLAND. CITY OF SANTA CLARA.

ELEV = 47.77 FEET (NAVD88 DATUM)DRIVEWAY AGREEMENTAGREEMENT BY AND BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA AND GANGI BROTHERS PACKINGCOMPANY; COVENANT RUNNING WITH THE LAND TO DEFER INSTALLATION OF CITY STANDARD COMMERCIALDRIVEWAYS. PER N106 O.R. 0944 LEGEND

SYMBOLS & ABBREVIATIONS

EXISTING CONDITIONS
& DEMOLITION PLAN
CIJw.NQo.ffl•IIIE
-(XI081111;1.U
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EXISTING BUILDING

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113 LF 4" SS @ 1%

MATTHEW STREET

PROPOSED TRASH

ENCLOSURE

PROPOSED

STRIPING
(TYP.)

EX STRIPING

TO REMAIN

WYE SS TO EX LATERAL
INV 42.25± (VERIFY)

SS DRAIN
RIM 50.22
4" INV 43.30

EX DWY TO
REMAIN

LIMIT OF WORK

LIMIT OF WORK

OVERLAND RELEASE
TC 48.06

EX FIRE HYDRANT

TO REMAIN
1" RW

INSTALL NEW RW LATERAL

WITH METER FOR
700 MATHEW STREET

BUILDING 'A' USE

INSTALL NEW
FIRE HYDRANT6" W
180' FIRE

HOSE PULL
180' FIRE

HOSE PULL

PROPOSED CITY

STANDARD DWY
(CITY STD. ST-8)

PROPOSED CITY

STANDARD DWY
(CITY STD. ST-8)

EXISTING BACKFLOW DEVICE

TO BE REPLACED WITH NEW
PER CITY STANDARD NO. 17

PROPOSED

SIDEWALK

PROPOSED

SIDEWALK
4 SHEET

DATEBYREVISIONS DELTA

SHEETSOF
1731 Technology Drive, Suite 880 San Jose, CA 95110
t 408.286.4555 www.jmhweiss.comJAN 2023 5276DATE: DESIGNED: PROJECT NO.:CHECKED:NTBDJE 700 MATHEW STREET

SANTA CLARA, CALIFORNIA

DRAFT SET - NOT FOR CONSTRUCTION
C2.0
2 SEE SHEET C2.1

GRADING, DRAINAGE,
&U T I L I T YP L A N
CAUTION!

EXISTING GAS LINE
!aAllf:WSffiU
~:22+-03-081
,.,
_.;
·•.
-·· .,.,.,..-··
---; ~
LITY METAL SPINNING LANDS OFNgu;ACHINING INC
A PARCEL 1
799 - M- 06
AR':!~~;-;:~~
FG 48.10
FG 45.86

10.7%
TC

48.00±
TC 47.89±
FG 49.80

EX FF 49.86±

EXISTING BUILDING

TO REMAIN

MATTHEW STREET

PROPOSED

TRUCK DOCK

BUBBLER
RIM 49.7
INV 48.7

TRENCH DRAIN

WITH PUMP
INV 44.9

EX LANDSCAPE TO
REMAIN

PROPOSED CITY

STANDARD DWY
(CITY STD. ST-8)
14 LF 1" SD

FORCE MAIN

LIMIT OF WORK
FG 48.10
FG 48.08

8.3%

1.5%

INSTALL NEW RP-BRP, PIV
& FDC FOR 700 MATHEW

STREET BUILDING 'B' USE
6" FS

INSTALL NEW
FIRE HYDRANT6" W
180' FIRE

HOSE PULL
180' FIRE

HOSE PULL
CITY
DWYT-8)
FG 48.17

PROPOSED

SIDEWALK

WATER UTILITY SUMMARY
x EX. 6" FIRE SERVICE (FS) REPLACE EXISTING BACKFLOW DEVICE x EX. 2" DOMESTIC WATER (DOM.) KEEP.
x EX. 2" IRRIGATION (IRR.) KEEP.
x NEW 6" FIRE SERVICE (FS) 700 MATHEW STREET BUILDING 'B'. 4 SHEET

DATEBYREVISIONS DELTA

SHEETSOF
1731 Technology Drive, Suite 880 San Jose, CA 95110
t 408.286.4555 www.jmhweiss.comJAN 2023 5276DATE: DESIGNED: PROJECT NO.:CHECKED:NTBDJE 700 MATHEW STREET

SANTA CLARA, CALIFORNIA

DRAFT SET - NOT FOR CONSTRUCTION
C2.1
3 SEE SHEET C2.0

GRADING, DRAINAGE,
& UTILITY PLAN
CAUTION!

EXISTING GAS LINE
2Cl45LAFAYETTESTREET
Af'N: 224-03-085
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1731 Technology Drive, Suite 880 San Jose, CA 95110
t 408.286.4555 www.jmhweiss.comJAN 2023 5276DATE: DESIGNED: PROJECT NO.:CHECKED:NTBDJE 700 MATHEW STREET

SANTA CLARA, CALIFORNIA

DRAFT SET - NOT FOR CONSTRUCTION
C3.0
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THISWOUWASPIIEPAIEDIYME
01 UNDERMYSU~EIMSIONAND
CONSTIIIJCIIONOFTf!ISPltOJECT
WILLBEUNDERMYSUPERVISION.
111111

SHEET TITLE
E0.0 ELECTRICAL GENERAL INFORMATION
E1.0S ELECTRICAL SITE PLAN
E5.0 ELECTRICAL ONE LINE DIAGRAM
E6.0 ELECTRICAL LOAD CALCULATION
3LEGEND
SCALE
NONE 1ABBREVIATIONS
SCALE
NONE5GENERAL NOTES
SCALE
NONE
2DRAWING INDEX
SCALE
NONE
# DESCRIPTION
1 PROVIDE ELECTRICAL WORK AS PER PLAN.
2 PROVIDE NEW UTILITY SERVICE EQUIPMENT FOR BUILDING A. 3 PROVIDE NEW UTILITY SERVICE EQUIPMENT FOR BUILDING B. # DESCRIPTION
1 ALL WORK SHALL BE DONE IN ACCORDANCE WITH 2019 CEC, 2019 CBC, 2019 CFC, 2019 CEC, PART 6 & 2019 T24, 2019 ADA STANDARDS FOR ACCESSIBLE DESIGN. 2 THE ELECTRICAL PLANS ARE SCHEMATIC IN NATURE AND ARE NOT INTENDED TO SHOW ALL OF THE ARCHITECTURAL DETAIL OR SPECIFICS OF ELECTRICAL CONSTRUCTION.

TAKE ALL DIMENSIONS FROM THE ARCHITECTURAL DRAWINGS.

PRIOR TO ROUGH-IN, CONTRACTOR TO REVIEW ALL SUBMITTALS OF EQUIPMENT PROVIDED BY OTHER TRADE AND MAKE NECESSARY ADJUSTMENTS.

CONTRACTOR TO PROVIDE PULL/SPLICE BOXES, CONDUIT BODIES (MOGUL) TO ALLOW CONDUIT INSTALLATION AND AVOID CONFLICT WITH OTHER TRADES. ALL FLOOR,WALL,

CEILING, ROOF PENETRATIONS SHALL BE COORDINATED WITH THE RESPECTIVE TRADES. PROVIDE REQUIRED FIRE CAULKING & PATCHING.
3 EXACT LOCATION OF DISCONNECT SWITCH, ROOF PENETRATIONS, LIGHTING FIXTURES, POINT OF CONNECTIONS, ETC. SHALL BE COORDINATED WITH OTHER TRADES OR APPLICABLE SHOP DRAWINGS (I.E. COORDINATE ELEVATOR PIT LIGHTING WITH

ELEVATOR SHOP DRAWINGS, COORDINATE HVAC DISCONNECT SWITCH WITH MECHANICAL DRAWINGS, ETC.)
4 ALL EQUIPMENT SHALL BE LISTED AND SHALL BE INSTALLED AS PER THEIR LISTINGS.

INSTALLATION INSTRUCTION FOR ALL UL LISTED EQUIPMENT SHALL BE MADE AVAILABLE

TO THE BUILDING INSPECTOR AT THE TIME OF INSPECTION, ALL DEVICES AND

EQUIPMENT INSTALLED OUTDOORS OR EXPOSED TO THE WEATHER SHALL BE OF WEATHERPROOF CONSTRUCTION. ALL RECEPTACLES SHALL COMPLY WITH THE LATEST

EDITION OF THE CEC, EVEN IF NOT SPECIFICALLY IDENTIFIED IN THE DRAWINGS (GFCI, AFCI, TAMPER RESISTANT, HOSPITAL GRADE, ETC.)
5 PROVIDE WIRING CONNECTIONS BETWEEN THE DISCONNECT SWITCH / VFD / CONTROLLER AND THE ASSOCIATED EQUIPMENT (I.E., FROM DISCONNECT SWITCH TO

EF POINT OF CONNECTION, FROM DISCONNECT SWITCH TO ELEVATOR CONTROLLER, ETC.). ALL CONNECTIONS TO MECHANICAL EQUIPMENT SHALL BE MADE WITH A FLEXIBLE

CONDUIT (WP AS REQUIRED) TO PREVENT SOUND AND VIBRATION TRANSMISSION TO THE STRUCTURE. PROVIDE REQUIRED MOUNTING SUPPORT HARDWARE FOR ALL EQUIPMENT (DISCONNECT SWITCH, CONTROLLER, VFD, ETC., U.N.O.). PROVIDE INDEPENDENT SUPPORT SYSTEM IF WALL MOUNTING IS NOT FEASIBLE OR ALLOWED.

ALL EQUIPMENT AND DEVICES (OUTLETS, SWITCHES, FIXTURES, ETC.) ARE SHOWN WITH

CORRESPONDING CIRCUIT NUMBERS, REQUIRED J-BOXES AND BRANCH CIRCUIT WIRING SHALL BE PROVIDED AND COORDINATED WITH THE ASSOCIATED PANEL SCHEDULE (I.E., 1-CKT = 1 HOT, 1-NEUTRAL & 1-GND).
6 RECESSED LIGHT FIXTURES INSTALLED WHERE THERE ARE INSULATIONS IS REQUIRED TO BE I.C. RATED. ALL LIGHT SWITCHES NOT WITHIN SIGHT OF THE LUMINAIRES SHALL

BE EQUIPPED WITH A PILOT LIGHT, EVEN IF NOT SPECIFICALLY SHOWN IN THE DRAWINGS.

PENDANT FIXTURES SHALL BE PROVIDED WITH SEISMIC SUPPORT WIRES SO AS NOT TO HIT ANYTHING ON A 45 DEGREE SWING AND AS REQUIRED BY AHJ.

ALL LIGHTING FIXTURES SHALL BE PROVIDED WITH REQUIRED MOUNTING HARDWARE AND REQUIRED SEISMIC SUPPORT WIRES.

COORDINATE WITH ARCHITECTURAL DRAWINGS AND OTHER TRADES THE EXACT LOCATION OF OF LIGHTING FIXTURES PRIOR TO ROUGH-IN.
7 ALL DEVICES AND EQUIPMENT INSTALLED OUTDOORS OR EXPOSED TO THE WEATHER SHALL BE OF WEATHERPROOF CONSTRUCTION. ALL RECEPTACLES INSTALLED

OUTDOOR SHALL BE GFCI PROTECTED, WEATHER RESISTANT TYPE AND PROVIDED WITH WEATHERPROOF ENCLOSURE PER LOCAL CODE REQUIREMENTS. IN-USE TYPE WEATHERPROOF COVER SHALL BE PROVIDED FOR WET LOCATION.
8 INSTALL ALL WALL MOUNTED POWER, TELEPHONE, AND DATA OUTLETS AT +15" A.F.F. TO BOTTOM OF THE BOX, UNLESS OTHERWISE NOTED. INSTALL ALL LIGHTING CONTROL SWITCHES, FIRE ALARM PULLSTATIONS AND WALL TELEPHONE JACKS AT +48" A.F.F. TO TOP OF THE BOX, UNLESS OTHERWISE NOTED.

FOR COMPLIANCE WITH CBC ACCESSIBILITY REQUIREMENTS.
9 MINIMUM COVER REQUIREMENTS FOR UNDERGROUND CONDUIT SHALL BE PER 2019 CEC ART. 300.5.
10 GROUNDING CONDUCTORS ARE GENERALLY NOT SHOWN. GROUND AND BOND

TOGETHER ALL EQUIPMENT, RACEWAYS, MOTORS, PANELBOARDS AND SWITCHBOARDS, ETC. IN ACCORDANCE WITH 2019 CEC ARTICLE 250. BONDING OF ALL INTERIOR METAL PIPING SHALL BE IN ACCORDANCE WITH 2019 CEC ARTICLE 250 AS FOLLOWS:

A. ALL INTERIOR METAL WATER PIPING SHALL BE BONDED TO ONE OR MORE GROUNDING ELECTRODES USED. THE BONDING JUMPER SHALL BE SIZED IN ACCORDANCE WITH 2019 CEC ARTICLE 250.66.

B. INTERIOR METAL PIPING THAT MAY BECOME ENERGIZED (I.E. GAS PIPING, ETC.) SHALL

BE BONDED TO ONE OR MORE GROUNDING ELECTRODES USED, THE BONDING JUMPER SHALL BE SIZED IN ACCORDANCE WITH 2019 CEC ARTICLE 250.122, USING THE RATING OF THE CIRCUIT THAT MAY ENERGIZE THE PIPING SYSTEM.

C. INTERIOR METAL PIPING SYSTEM SEPARATED BY A PLUMBING EQUIPMENT (I.E. METER, WATER HEATER) SHALL BE PROVIDED WITH A BONDING JUMPER SIZED PER 2019 CEC ARTICLE 250.66.

D. ALL GROUNDING ELECTRODE INSTALLED IN THE BUILDING SHALL BE BONDED TOGETHER TO FORM A SINGLE GROUNDING ELECTRODE SYSTEM PER 2019 CEC ARTICLE 250.50 & 250.58.
11 CONTRACTOR IS RESPONSIBLE FOR THE ARRANGEMENT OF INSPECTING ELECTRICAL EQUIPMENT IN A DE-ENERGIZED STATE.
12 ALL EQUIPMENT AND APPURTENANCES USE IN THIS PROJECT SHALL BE UL (NRTL) LISTED OR LABELED FOR THE PURPOSE AS PER CEC-2019 ART. 110.3. 13 ALL ELECTRICAL CONDUCTOR MATERIAL SHALL BE COPPER. ALL OTHER MATERIALS SHALL BE APPROVED BY THE ADMINISTRATIVE AUTHORITY.

SYMBOL DESCRIPTION

A AMPERE

AIC AMPERE INTERRUPTING CAPACITY

AFF ABOVE FINISHED FLOOR

AWG AMERICAN WIRE GAUGE

C CONDUIT

CU COPPER

D ONE WAY DISTANCE OF FEEDER OR BRANCH CIRCUIT

E EXISTING

EC ELECTRICAL CONTRACTOR

EF EXHAUST FAN

EM EMERGENCY

GFI GROUND FAULT INTERRUPTER

G, GND GROUND

IG ISOLATED GROUND

ISC SHORT CIRCUIT CURRENT

LV LOW VOLTAGE

MC MECHANICAL CONTRACTOR

MCB MAIN CIRCUIT BREAKER

MLO MAIN LUG ONLY

NEC NATIONAL ELECTRICAL CODE
NL NIGHT LIGHT, "ON" 24/7

PP O L E

PC PLUMBING CONTRACTOR

PH PHASE

PROVIDE FURNISH, INSTALL, CONNECT

R REMOVE, DEMO

RL RELOCATE TO THIS NEW LOCATION

RR REMOVE & RELOCATE

RMC RIGID METAL CONDUIT

SAD SEE ARCHITECTURAL DRAWINGS

SMD SEE MECHANICAL DRAWINGS

SPD SEE PLUMBING DRAWINGS

TD TIME DELAY

UNO, UON UNLESS NOTED OTHERWISE

V VOLTS

VA VOLT AMPERE

VD VOLTAGE DROP

VFD VARIABLE FREQUENCY DRIVE

WP WEATHERPROOF
+42 SUBSCRIPT LOCATED NEXT TO THE DEVICE MEANS 42" AFF TO CENTER OF DEVICE 4SCOPE OF WORK
SCALE
NONE
7NOT USED
SCALE
NONE
SPACE

ELECTRICAL GENERAL

INFORMATION
E0.0

SYMBOL DESCRIPTION

METER, METER SOCKET

CIRCUIT BREAKER
GROUNDING ELECTRODE SYSTEM:

UFER, GROUND ROD, U.G. WATER PIPE, STRUCTURAL STEEL.

M
PROJECT #:

SCALE:

DATE:

SHEET NO.:

SHEET TITLE:

PROJECT:

DESCRIPTIONNO. DATE
- PERMIT SET 06/27/2022

SERVICE APPLICATION
700 MATHEW ST.

STA. CLARA, CA 95050
SERRANO ELECTRIC INC.

ELECTRICAL DESIGN BUILD

STATE OF CALIFORNIA
LICENSE #: C10 507852
EXPIRATION: 31 MAR 2023
06/22/2022

AS NOTED
700 MATHEW ST.

PHASE -1
6NOT USED
SCALE
NONE
SPACE

FOR REFERENCE ONLY FOR REFERENCE ONLY + :i 0
(N) SERVICE EQUIPMENT
MAIN SWITCHBOARD 'MSB-1'
3 52

SVP PAD MOUNTED

TRANSFORMER

1.11 42
7 (N) DISTRIBUTION BOARD 'DB-1' 3.1
(N) SERVICE EQUIPMENT
MAIN SWITCHBOARD 'MSB-2'
3 (N) DISTRIBUTION BOARD 'DB-2'3.1
52 REMOVABLE BARRIER POSTS SVP PAD MOUNTED

TRANSFORMER

1.11 REMOVABLE BARRIER POSTS
7 4 2

CONCRETE APRON

CONCRETE APRON
24"X26" PULL BOX
24"X26" PULL BOX 6
6 BUILDING 'A' BUILDING 'B'
8 8

ELECTRICAL

SITE PLAN
E1.0S1ELECTRICAL SITE PLAN
SCALE
1/16" = 1'-0"
KEY NOTES: -

1. SVP UTILITY TRANSFORMER. ELECTRICAL CONTRACTOR TO COORDINATE LOCATION WITH SVP.

1.1 PROVIDE 8 FT CLEAR WORKING SPACE FROM THE FRONT OF THE EQUIPMENT AND 3 FT FROM ALL OTHER SIDES.

2. UNDERGROUND FEEDER ROUTES SHOWN ARE DIAGRAMMATIC ONLY. ELECTRICAL

CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY AND MAP-OUT ROUTING TO SUIT ACTUAL FIELD CONDITION. DAMAGED TO EXISTING UNDERGROUND UTILITIES

SHALL BE REPAIRED BY THE ELECTRICAL/GENERAL CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER. COORDINATE WITH OTHER TRADE PRIOR TO START OF WORK.

3. MAIN SWITCHBOARD: 4000A, 480/277V, 3PH , 4W, 65KAIC, NEMA 3R. PROVIDE 4 FT WORKING SPACE IN FRONT OF MAIN SWITCHBOARD PER UTILITY COMPANY.

3.1 DISTRIBUTION BOARD: 4000A, 480/277V, 3PH , 4W, 65KAIC, NEMA 1. PROVIDE 4 FT WORKING SPACE IN FRONT OF DISTRIBUTION BOARD.

4. UTILITY PRIMARY SERVICE PER SVP DESIGN. ELECTRICAL CONTRACTOR TO PROVIDE TRENCHING PER SVP REQUIREMENTS.

5. SEE ONE LINE DIAGRAM FOR SERVICE ENTRANCE CONDUCTOR. PROVIDE TRENCHING PER SVP REQUIREMENTS.

6. PROVIDE 24"X36" PULL BOX PER UTILITY REQUIREMENT. EC TO VERIFY LOCATION WITH SVP.

7. SEE SVP DRAWINGS FOR POINT OF CONNECTION.

8. PROVIDE 2"C TO U/E BOX PER SVP REQUIREMENTS.

A. SEE GENERAL NOTES ON SHEET E0.00.

B. INSTALLATION MUST COMPLY WITH SVP REQUIREMENTS.

C. ALL TRENCHING, CUTTING AND PATCHING OF EXISTING CONCRETE SLAB FLOOR,

AS REQUIRED FOR THE INSTALLATION OF THE ELECTRICAL SYSTEMS SHOWN SHALL BE BY ELECTRICAL CONTRACTOR. PAINT ALL PATCHING TO MATCH ADJACENT EXISTING SURFACE.

D. ALL CONDUITS AND WIRING SHALL BE UL LISTED AND MARKED FOR INTENDED USE PER CEC 2019.

E. SEE SHEET E5.0 FOR ELECTRICAL ONE LINE DIAGRAM.

PROJECT #:

SCALE:

DATE:

SHEET NO.:

SHEET TITLE:

PROJECT:

DESCRIPTIONNO. DATE
- PERMIT SET 06/27/2022

SERVICE APPLICATION
700 MATHEW ST.

STA. CLARA, CA 95050
SERRANO ELECTRIC INC.

ELECTRICAL DESIGN BUILD

STATE OF CALIFORNIA
LICENSE #: C10 507852
EXPIRATION: 31 MAR 2023
06/22/2022

AS NOTED
700 MATHEW ST.

PHASE -1
GENERAL NOTES:

FOR REFERENCE ONLY FOR REFERENCE ONLY D no
·~
: ~~I I I I I I I
I
"----------+--------i i 8
0 0
0 0
ll:JWJJ
:-;cf
i---------=------~' ~1/f
o\'l
0 1111111111
-fe 'SERRANO
I ; E L E C T R I C I N C.
1111111111

ELECTRICAL

ONE LINE DIAGRAM
E5.01ELECTRICAL ONE LINE DIAGRAM
SCALE
NONE

TAG WIRE & CONDUIT SIZE

1. ALL WIRE SHALL BE COPPER AND INSULATION SHALL BE THHN, THWN-2, XHHW-2.

2. H - HOT/UNGROUNDED CONDUCTOR; N - NEUTRAL/GROUNDED CONDUCTOR; G - GROUNDING CONDUCTOR; IG - ISOLATED GROUNDING CONDUCTOR.

3. UNLESS LISTED OTHERWISE, THE AMPACITY OF 600V OR LESS CONDUCTORS SHALL BE BASED ON THE TERMINALS NOT TO EXCEED 60 DEG C (140 DEG F) FOR CONDUCTOR SIZE #14 THROUGH #1 AWG OR 75 DEG C (167 DEG F) FOR CONDUCTOR SIZES OVER #1 AWG.

4. WHERE THE PHASE CONDUCTORS ARE INCREASED IN SIZE (E.G. FOR VOLTAGE DROP COMPENSATION), EQUIPMENT GROUNDING CONDUCTOR SHALL BE INCREASED IN SIZE PROPORTIONATELY ACCORDING TO CIRCULAR MIL AREA OF THE PHASE CONDUCTOR.

NOTES:
2-#10 H + 1-#10G
IN 1/2"C
30 2

TAG WIRE & CONDUIT SIZE TAG WIRE & CONDUIT SIZE TAG WIRE & CONDUIT SIZE 3-#1/0 H + 1-#1/0 N + 1-#6G
IN 2"C
125
3N
3-#3/0 H + 1-#3/0 N + 1-#6G
IN 2 1/2"C
200
3N
3-#1 H + 1-#8G
IN 1 1/2"C
100
3 2-#6 H + 1-#8G
IN 3/4"C
50 2
2-#1 H + 1-#8G
IN 1 1/4"C
100
2 3-600 MCM H + 1-600 MCM N + 1-#3G
IN 4"C
400
3N
3-#10 H + 1-#10G
IN 3/4"C
30 3
3-#8 H + 1-#10G
IN 1"C
40 3
3-#4 H + 1-#10G
IN 1 1/4"C
60 3
2-#8 H + 1-#10G
IN 3/4"C
40 2
225
3PT
3-#4/0 H + 1-#2/0G
IN 2 1/2"C
50 3PT
3-#6 H + 1-#6G
IN 1"C
3-#1 H + 1-#1 N + 1-#6G
IN 2"C
100
3ST
3-#4/0 H + 1-#4/0 N + 1-#2G
IN 2 1/2"C
225
3ST
3-#4/0 H + 1-#4/0 N + 1-#4G
IN 2 1/2"C
225
3N
1-#12 H + 1-#12 N + 1-#12G
IN 1/2"C
20 1N
3-#1/0 H + 1-#6G
IN 2"C
125
3 100
3N
350
3PT
3-500 MCM H + 1-#3/0G
IN 3-1/2"C
2-#12 H + 1-#12G
IN 1/2"C
20 2
2-#6 H + 1-#6 N + 1-#10G
IN 1"C
50 2N
100
3PT
3-#1 H + 1-#2G
IN 2"C
3-#1 H + 1-#1 N + 1-#8G
IN 2"C
3-#2/0 H + 1-#6G
IN 2"C
175
3PT
1-#10 H + 1-#10 N + 1-#10G
IN 1/2"C
30 1N
60 3N
3-#4 H + 1-#4 N + 1-#10G
IN 1 1/4"C
50 3NV
3-#4 H + 1-#4 N + 1-#8G
IN 1 1/4"C
800
3ST
3-600 MCM H + 1-600 MCM N + 1-#3/0G
IN 4"C (2-PARALLEL SETS)
50 3N
3-#6 H + 1-#6 N + 1-#10G
IN 1"C
500
3ST
3-350 MCM H + 1-350 MCM N + 1-#2/0G
IN 3"C (2-PARALLEL SETS)
400
3ST
3-600 MCM H + 1-600 MCM N + 1-#3/0G
IN 4"C
3-#6 H + 1-#10G
IN 1"C
50 3
800
3N
3-600 MCM H + 1-600 MCM N + 1-#1/0G
IN 4"C (2-PARALLEL SETS)
3-250 MCM H + 1-250 MCM N + 1-#1G
IN 3"C (2-PARALLEL SETS)
500
3N
3-#4 H + 1-#8G
IN 1 1/4"C
70 3
500
3PT
3-350 MCM H + 1-350 MCM N + 1-#2/0G
IN 3"C (2-PARALLEL SETS)
1-#8 H + 1-#8 N + 1-#10G
IN 3/4"C
40 1N
3-250 MCM H + 1-250 MCM N + 1-#3G
IN 3"C
250
3N

FEEDER SCHEDULE
3-#2/0 H + 1-#2/0 N + 1-#6G
IN 2"C
150
3N

PRIMARY SERVICE

U/G CONDUIT

SECONDARY SERVICE

U/G CONDUIT AND FEEDERS

UTILITY

TRANSFORMER
1 UFER GROUND
(LOCATION TO

BE DETERMINED
IN FIELD)BLDG. STRUCT.

STEEL
GROUNDING PER NEC 250
3/4" Ø x 120"

TINNED CU GROUND RODS
#3/0 AWG CU GROUNDING

ELECTRODE CONDUCTOR
DISTRIBUTION BOARD 'DB-1'
4000A, 480/277V, 3PH, 4W, N-1 65KAIC
2 3
4000
3N
BLDG. CW
PIPING

METER SECTION PULLING SECTION
MAIN SWITCHBOARD 'MSB-1'
4000A, 480/277V, 3PH, 4W, N-3R 65KAIC

1. ALL ELECTRICAL EQUIPMENTS AND FEEDERS ARE NEW UNLESS OTHERWISE NOTED AS "(E)" FOR EXISTING. RE-TORQUE ALL EXISTING TERMINATIONS PER MANUFACTURER RECOMMENDATION.

2. SWITCHBOARD SHOWN ON THE SINGLE LINE DIAGRAM SHALL BE "FULLY-RATED" ADEQUATE FOR

THE MAXIMUM FAULT CURRENT AVAILABLE AT THE POINT OF APPLICATION, INCORPORATING THE CURRENT LIMITING DEVICES AS SPECIFIED. "SERIES-RATING" FOR PANELBOARDS IS ACCEPTABLE. PROVIDE REQUIRED MARKING AS REQUIRED PER NEC ARTICLE 110.22(B) & (C) FOR SIGNAGE AT ALL PANELS AND EQUIPMENT. IF NOT "FULLY-RATED SYSTEM" CONTRACTOR SHALL

SUBMIT SHOP DRAWINGS INDICATING SERIES RATING AND INCLUDE A COPY OF ALL LABELING, INCLUDING RESPECTIVE UL LISTING, TO THE AHJ FOR REFERENCE.

3. PROVIDE PHENOLIC NAMEPLATE LABELLING & TYPE WRITTEN PANEL DIRECTORY FOR ALL PANELS.

4. INTERIOR METAL PIPING SYSTEM SHALL BE BONDED TO THE GROUNDING ELECTRODE SYSTEM.

5. GROUND AND NEUTRAL SHALL ONLY BE BONDED AT THE SERVICE EQUIPMENT AND AT THE SEPARATELY DERIVED SYSTEM.

6. EQUIPMENT LINE-UP IS BASED ON SQUARE D PRODUCT. ALTERNATE MANUFACTURER IS ACCEPTABLE PROVIDED THAT IT MEETS THE DESIGN INTENT AND CLEARANCE REQUIREMENTS.

7. ONLY U.L LISTED EQUIPMENT SHALL BE USED.

8. PROVIDE ALL NECESSARY SIGNAGE, LABELING AND PLAQUES AS REQUIRED BY CEC 23-.70(B), 695 & 700.

9. ELECTRICAL CONTRACTOR TO PROVIDE MAIN LUGS & ADAPTOR LUGS AS NEEDED FOR CONNECTIONS AT PANEL BOARDS AND EQUIPMENT.

10. ALL METERING EQUIPMENTS SHALL BE SUBMITTED TO THE UTILITY PROVIDER FOR APPROVAL.

11. INSTALL ENGRAVED BAKELITE NAMEPLATE ON SERVICE DISCONNECT SWITCH WITH SERVICE ADDRESS.

12. LOAD CALCULATION FOR FUTURE TENANT IMPROVEMENT PROJECT TO BE PROVIDED UNDER PHASE 2 PACKAGE.

GENERAL NOTES:
1 NEW PAD-MOUNTED UTILITY TRANSFORMER:

CONTRACTOR TO COORDINATE WITH SVP REPRESENTATIVE FOR WORK REQUIRED.

SEE ELECTRICAL PLANS FOR MORE INFORMATION.
2 GROUNDING ELECTRODE SYSTEM:

CONNECT TO GROUNDING ELECTRODE SYSTEM USING #3/0. UNDERGROUND METAL WATER PIPE (WITHIN 5' OF ENTRANCE TO BUILDING), ALL METAL PIPING SYSTEM, CONTIGUOUS STRUCTURAL

METAL (IF PRESENT) SHALL BE BONDED TO THE GROUNDED ELECTRODE SYSTEM IN MAIN SWITCHBOARD USING #3/0. PROVIDE (3) 3/4" X 120" TINNED CU GROUND ROD - MINIMUM 72" APART.

USE #4 CU WIRE FOR SOLE CONNECTION TO GROUND ROD. PROVIDE ADDITIONAL GROUNDING ELECTRODE WHERE RESISTANCE TO GROUND EXCEEDS 5 OHMS.
3 PROVIDE PAD TO ENSURE LEVEL WORKING CLEARANCE IN FRONT OF EQUIPMENT. SEE PLANS FOR ADDITIONAL INFORMATION.
4 NOT USED.
5 PROVIDE CIRCUIT BREAKER WITH GROUND FAULT PROTECTION. 6 PRIOR TO PURCHASE THE EQUIPMENT, COORDINATE EXACT AVAILABLE FAULT CURRENT WITH UTILITY PROVIDER . ADJUST TO THE NEXT STANDARD SIZE IF UTILITY FAULT CURRENT IS HIGHER THAN EQUIPMENT RATING AS SHOWN.
7 PROVIDE 12-SETS OF 3 1/2"C,4#500 MCM, 1# 3/0GND FOR SECONDARY SERVICE ENTRANCE CONDUCTORS.
8 PROVIDE 2-5"C EMPTY CONDUIT FOR PRIMARY SERVICE CONDUCTORS. 9 PROVIDE CIRCUIT BREAKER WITH LONG TIME, SHORT TIME AND INSTANTANEOUS TRIP SETTINGS.

KEY NOTES: X
200A
3P
200A
3P
400A
3P
4000A
3P
70 3PT
3-#4 H + 1-#6G
IN 1"C
100
3PT
3-#1 H + 1-#2G
IN 2"C
3-#2/0 H + 1-#2/0 N + 1-#4G
IN 2"C
150
3ST
400A
3P
600A
3P
600A
3P
1000A
3P
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
4000A
3P
4000
3N
3-600 MCM H + 1-600 MCM N + 1-#500 MCM G
IN 4"C (10-PARALLEL SETS)

TO (E) SVP PRIMARY

DISTRIBUTION
GFP5
GFP5

PRIMARY SERVICE

U/G CONDUIT

SECONDARY SERVICE

U/G CONDUIT AND FEEDERS

UTILITY

TRANSFORMER
1 UFER GROUND
(LOCATION TO

BE DETERMINED
IN FIELD)BLDG. STRUCT.

STEEL
GROUNDING PER NEC 250
3/4" Ø x 120"

TINNED CU GROUND RODS
#3/0 AWG CU GROUNDING

ELECTRODE CONDUCTOR
DISTRIBUTION BOARD 'DB-2'
4000A, 480/277V, 3PH, 4W, N-1 65KAIC
4000
3N
BLDG. CW
PIPING
200A
3P
200A
3P
400A
3P
400A
3P
600A
3P
600A
3P
1000A
3P
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
4000A
3P

TO (E) SVP PRIMARY

DISTRIBUTION
GFP5
PROJECT #:

SCALE:

DATE:

SHEET NO.:

SHEET TITLE:

PROJECT:

DESCRIPTIONNO. DATE
- PERMIT SET 06/27/2022

SERVICE APPLICATION
700 MATHEW ST.

STA. CLARA, CA 95050
SERRANO ELECTRIC INC.

ELECTRICAL DESIGN BUILD

STATE OF CALIFORNIA
LICENSE #: C10 507852
EXPIRATION: 31 MAR 2023
06/22/2022

AS NOTED
700 MATHEW ST.

PHASE -1

BUILDING 'A' - ONE LINE DIAGRAM BUILDING 'B' - ONE LINE DIAGRAM

MAIN SECTION
2 3

METER SECTION PULLING SECTION
MAIN SWITCHBOARD 'MSB-2'
4000A, 480/277V, 3PH, 4W, N-3R 65KAIC
4000A
3PGFP5

MAIN SECTION

6 6
77 8 8
9 9
9 9

FOR REFERENCE ONLY FOR REFERENCE ONLY ,, " " ,1 ,J ,J
0 ,---------.-----~--0
I
I
g;
0~
" ,J " " " ,J ,J 0 ,J " ,J
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0 0
0 0
0 0
,---------,-----~--0
0~
" ,, " ,,
,J " 0 " ,1 ,J ,1 ,J ,J
1BUILDING B - ELECTRICAL LOAD CALCULATION
SCALE
NONE2BUILDING A - ELECTRICAL LOAD CALCULATION
SCALE
NONE

ELECTRICAL LOAD

CALCULATION
E6.0
PROJECT #:

SCALE:

DATE:

SHEET NO.:

SHEET TITLE:

PROJECT:

DESCRIPTIONNO. DATE
- PERMIT SET 06/27/2022

SERVICE APPLICATION
700 MATHEW ST.

STA. CLARA, CA 95050
SERRANO ELECTRIC INC.

ELECTRICAL DESIGN BUILD

STATE OF CALIFORNIA
LICENSE #: C10 507852
EXPIRATION: 31 MAR 2023
06/22/2022

AS NOTED
700 MATHEW ST.

PHASE -1

FOR REFERENCE ONLY FOR REFERENCE ONLY Light,r,gperCEC2.20. 12
G!IMO'II R"""pl&cl,,load•
D9dical&dEquopma nt load(C NClaser
- •.l•l>ta lSp"""'g,L.m.Ma<h.-..,
ln,pemo n M,chme,et)
FT O.-,i ty VAperO,,,, VA
11 1260
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11 1260
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X125... 139015
X125 ... 6000
X125 ... 1613 1
X50 ... 38318
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Mochone,,,..1aISP<m,ng, La1t1e Momones
lnspe ctioo-1r>e,etc)
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5e"4<e SlleRequos!ed lnArnps
CCCDtm•noV
X125% 106006
4000 X125'4 6000
16961 21201 _,

MATHEW STREET

EXISTING BUILDING

POWER POLE

POWER POLE

PREFABRICATED PLANTERS

W/ ACCENT PLANTING ALONG

BUILDING WALL
EX. CRAPE MYRTLE TREES

ALONG STREET FRONTAGE
EX. LAWN AREA
EX. PRECAST

STEPPERS
EX. BARK MULCH DRESSING
EX. CARPET ROSES
EX. SHEARED HEDGE ALONG

BUILDING FOUNDATION

EXISTING CRAPE

MYRTLE SHRUB
EX. FORTNIGHT
LILIES
EX. INDIAN HAWTHORN
SHRUBS
EX. FORTNIGHT LILIES
EX. INDIAN HAWTHORN
SHRUBS

EXISTING CRAPE

MYRTLE SHRUB
EX. FORTNIGHT LILIES

SHEARED BOXWOOD HEDGE

LOW SPREADING COPROSMA

GROUND COVER (TYPICAL)
Scale
Date
Drawn
Job Number
Sheet Title
Revisions

PRINTED ON

RECYCLED PAPER
1 THIS SHEET IS PART OF A SET AND IS
NOT TO BE USED ALONE.
2 THIS SHEET IS NOT TO BE USED FOR

CONSTRUCION UNLESS THE

ARCHITECT'S STAMP AND SIGNATURE

APPEAR ON THE DRAWINGS HAVE BEEN
RELEASED FOR CONSTRUCTION.
3 THESE PLANS AND PRINTS THEREOF,

AS INSTRUMENTS OF SERVICE, ARE

OWNED BY THE ARCHITECT AND ARE
FOR USE ON THIS PROJECT ONLY.

REPRODUCTION AND/OR DISTRIBUTION

WITHOUT PRIOR WRITTEN CONSENT
FROM THE ARCHITECT IS FORBIDDEN.

CUP SUBMITTAL
700 MATTHEW ST, SANTA
CLARA, CA 95050
Author
2023.01.09
22032
QMS - Santa Clara
2023.01.09
RW Stover & Associates, Inc.

Landscape Architecture
Ph: 925.933.2583
1620 North Main Street, Suite 4
Walnut Creek, CA 94596

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Sheet Title
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PRINTED ON

RECYCLED PAPER
1 THIS SHEET IS PART OF A SET AND IS
NOT TO BE USED ALONE.
2 THIS SHEET IS NOT TO BE USED FOR

CONSTRUCION UNLESS THE

ARCHITECT'S STAMP AND SIGNATURE

APPEAR ON THE DRAWINGS HAVE BEEN
RELEASED FOR CONSTRUCTION.
3 THESE PLANS AND PRINTS THEREOF,

AS INSTRUMENTS OF SERVICE, ARE

OWNED BY THE ARCHITECT AND ARE
FOR USE ON THIS PROJECT ONLY.

REPRODUCTION AND/OR DISTRIBUTION

WITHOUT PRIOR WRITTEN CONSENT
FROM THE ARCHITECT IS FORBIDDEN.

CUP SUBMITTAL
700 MATTHEW ST, SANTA
CLARA, CA 95050
Author
2023.01.09
22032
QMS - Santa Clara
2023.01.09
RW Stover & Associates, Inc.

Landscape Architecture
Ph: 925.933.2583
1620 North Main Street, Suite 4
Walnut Creek, CA 94596

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Steven M. Cox, A.I.A., Architect
255 N. Market St .. SUlte 255
SanJose,CA95ll0
408.297.5454 I W'\,>J'yJ_hpc-arch.com
Resolution/ 700 Mathew Street - Rezoning Page 1 of 4
Rev. / Typed 12-2-22
RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO APPROVE A REZONE FROM PLANNED DEVELOPMENT
(PD) TO HEAVY INDUSTRIAL (MH) TO ALLOW THE

PROPOSED USE OF HEAVY INDUSTRIAL FOR A METAL
FABRICATION AND SPINNING BUSINESS AT 700 MATHEW

STREET, SANTA CLARA

(File No. PLN23-00054- Rezoning)

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

WHEREAS, on Febr uary 16, 2023, Brian Brown with HPC Architecture (“Applicant”), on behalf of Andrew Czisch with QMS Shields (“Owner”) filed an application (PLN23- 00054) for the 64,989 square foot site consisting of two contiguous parcels (APN: 224-03-086 and 224-03-000) located at 700 Mathew Street with a surface parking lot and two one -story industrial buildings totaling 38,535 square feet (“Project Site”)’;
WHEREAS, th e General Plan land use designation for the Project Site is Heavy Industrial, and it is zoned Planned Development (PD);
WHEREAS, the Project S ite is developed with two industrial buildings that were previously occupied by a recreation business, ‘Off the Wall Soccer’, warehouse, and surface parking; WHEREAS, the Property Owner applied to rezone the Project Site from Planned Development (PD) to Heavy Industrial (MH) to allow the existing buildings to be used for a heavy industrial business (“Project”) as shown on the development plans, attached hereto and incorporated herein by reference;
WHEREAS, the Project is Categorically Exempt from formal environmental review per Section 15301, Class 1 “Existing Facilities” of the Guidelines of the California Environmental Quality Act (“CEQA”), which applies to small additions and minor modifications to existing facilities. Here the proposal involves a small mezzanine addition inside the building without changing the building footprint and site improvements, and would have negligible effects on the environment; Resolution/ 700 Mathew Street - Rezoning Page 2 of 4
Rev. / Typed 12-2-22
WHEREAS, on June 1 , 2023, the notice of meeting date for this item was posted in t hree conspicuous locations within 300 feet of the Project Site and mailed to property owners within a 300 foot radius of the Project Site for the Planning Commission hearing on June 14, 2023 and City Council hearing on July 18, 2023;
WHEREAS, on June 14, 2023, the Planning Commission held a duly noticed public hearing, at the conclusion of which the Planning Commission voted unanimously to recommend that the City Council approve the Rezoning; and
WHEREAS, on July 18, 2023, the City Council held a duly noticed public hearing to consider the Rezoning application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented in the Staff Report and all verbal and written evidence.

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 approves rezoning the Project Site from Planned Development (PD) to Heavy Industrial (MH) to allow the existing buildings on the project site to be used for a heavy industrial business, as depicted on the attached Illustration Plan, incorporated herein by this reference.
//

//

//

//
Resolution/ 700 Mathew Street - Rezoning Page 3 of 4
Rev. / Typed 12-2-22

//

3. 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 18th DAY OF JULY 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATT EST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments Incorporated by Reference:

1. Development Plans
QMS Owner’s Operation Summary

QMS – Quality Metal Spinning and Machining, Inc. is a sheet metal forming and CNC machining company which primarily manufactures machined products delivered on a contractual basis.

The property at 700 Mathew St. will be an expansion to the company’s current operations and will primarily support high volume / low mix production on machines with a large degree of automation. This automation allows for a reduced workforce when compared to traditional manufacturing methods.

There are two major manufacturing processes utilized for our production – Metal Spinning and CNC routing. The metal spinning process transforms sheet metal into round cylindrical shaped products. The CNC machining process is utilized for traditional “subtractive routing” of billet materials and further processing of the formed sheet metal into finished products.

The equipment utilized onsite includes metal spinning lathes and various CNC support equipment (laser cutting, milling and inspection equipment). Additional operational support includes air compressors, welding, deburring, ultrasonic cleaning and degreasing, forklifts, material handling, automated storage and vending equipment. The primary raw materials processed include aluminum, stainless steel and brass as well as other common materials and alloys.

Our operations do not require any high hazard materials. All chemicals used onsite are primarily standard lubricants for the equipment, mild degreasing and cleaning supplies, glycol and compressed gases (oxygen, argon, nitrogen and propane) - all well below the MAQ for this building type. The primary uses of the compressed gases are for shielding-gas for welding, laser cutting and packaging, and process heating for the metal spinning production process.

PHASE ‘0’ (August 2023 – February 2024):

This first phase will be limited to setup for the production line to deliver on a time-critical contract. The scope will require limited TI work with no alteration to the footprint or floorspace of the buildings. TI modifications including large openings in the exterior to bring in equipment and raw materials, a remodel of an existing space into a quality control room, repair/replacement of the existing floor inside the building, and an electrical service upgrade which in already in process thru an existing permit (submitted on 6/24/2022 - currently in review with SVP).

Footings for future equipment platforms and mezzanines will also be added at the owner’s risk with the hope of acquiring entitlement to build those structures at a future date under a separate permit. The work area in this phase would be limited to approximately half of building A and all of Building B. This would allow the company to start bringing in revenue from the property which is required to continue any additional development.

PHASE ‘1’ (May 2024 – November 2024):

This next phase would bring in additional equipment and utilize the remainder floorspace for both Building A and Building B. Further repair/ replacement of the floor in the building would be required along with new engineered footings for future equipment platforms and mezzanines.

PHASE ‘2’ (March 2027 – September 2027):

This subsequent phase would include the buildout of the elevated equipment platforms, mezzanines, recessed truck dock in Building B, additional restroom facilities and additional second floor office space. Office space would remain at/under 10% of the floorspace of the property.

STAFFING:

The company aims to run a 24-hour operation with the bulk of the employees working during the day, and a limited night shift primarily monitoring the automated equipment. The split would be roughly 70% to 80% of the employees working during the day with the remainder working the night shift. Day shift is generally from 6AM – 8PM with employees staggering the start times of their standard 8-hour workdays based upon specific responsibilities. Second shift would be 6PM – 8AM again with staggered start times.

Phase 0 would require approximately 8 employees split between the two shifts.

Phase 1 would increase to 16 employees.

Phase 2 would potentially increase to 20 employees, up to a max of 35 employees.

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255 N. Market St .. Suite 255
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REMOVE EXISTING

PARKING STRIPES
(TYP.)

REMOVE EXISTING

STRIPE HATCHING REMOVE EXISTING

TRASH ENCLOSURE

REMOVE EXISTING

CURBS & LANDSCAPE

REMOVE EXISTING

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TO BE REMOVED.

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4 SHEET

DATEBYREVISIONS DELTA

SHEETSOF
1731 Technology Drive, Suite 880 San Jose, CA 95110
t 408.286.4555 www.jmhweiss.comJAN 2023 5276DATE: DESIGNED: PROJECT NO.:CHECKED:NTBDJE 700 MATHEW STREET

SANTA CLARA, CALIFORNIA

DRAFT SET - NOT FOR CONSTRUCTION
1 C1.0

DEMOLITION LEGEND

DEMOLISH, UNLESS NOTED OTHERWISE (HATCH)

DEMOLISH, UNLESS NOTED OTHERWISE (LINE)
GENERAL DEMOLITION NOTES:

1. CONTRACTOR SHALL VERIFY ALL EXISTING UTILITY SIZES AND INVERTS. ANY DISCREPANCY BETWEEN THESE PLANS AND THE FIELD SHALL BE COMMUNICATED TO THE ENGINEER PRIOR TO DEMOLITION.

2. GAS, WATER, AND SANITARY SEWER SHOWN ON THIS PLAN FOR REFERENCE ONLY. CONTRACTOR SHALL CONTACT U.S.A. (UNDERGROUND SERVICE ALERT AT (800)-227-2600 FOR LOCATION OF ALL UTILITIES. THE

OWNER/CONTRACTOR MAY HIRE AN INDEPENDENT CONSULTANT TO LOCATE AND VERIFY ALL ONSITE UTILITIES AT THEIR OWN DISCRETION.

3. ALL WATER VALVES TO BE MARKED FOR LOCATION. CONTRACTOR TO MAINTAIN RECORD OF ALL EXISTING VALVES ON-SITE RELATED TO FIRE SUPPLY. NO HYDRANTS SHALL BE REMOVED UNLESS NOTED ON THIS PLAN.

SURVEY NOTES

1. ALL DISTANCES AND DIMENSIONS ARE SHOWN IN FEET AND DECIMALSTHEREOF.

2. DATE OF FIELD SURVEY: NOVEMBER 2022

3. BOUNDARY NOTE: THE PARCEL LINES SHOWN HEREON ARE THE RESULT OFA BOUNDARY SURVEY MADE IN CONFORMANCE WITH THE REQUIREMENTSOF THE PROFESSIONAL LAND SURVEYOR’S ACT.

4. INFORMATION REGARDING BOUNDARY AND EASEMENTS; NORTHSTARSURVEY RELIED ON THE INFORMATION PROVIDED IN THE PRELIMINARYTITLE REPORT ISSUED BY CHICAGO TITLE COMPANY, ORDER NO.98204915-982-EA-KC , DATED APRIL 26, 2022.

5. UTILITY NOTE: THE TYPES, LOCATIONS, SIZES AND/OR DEPTHS OF EXISTINGUNDERGROUND UTILITIES AS SHOWN ON THIS TOPOGRAPHIC SURVEY AREBASED ON NORTHSTAR UTILITY LOCATORS. NORTHSTAR PERFORMED THEUTILITY INVESTIGATION SERVICES USING INDUSTRY ACCEPTABLE METHODSTO DETERMINE THE APPROXIMATE HORIZONTAL POSITION AND DEPTH OFEXISTING UTILITIES ON THE SUBJECT SITE. ONLY ACTUAL EXCAVATION WILLREVEAL THE TYPES, EXTENT, SIZES, LOCATIONS AND DEPTHS OF SUCHUNDERGROUND UTILITIES. A REASONABLE EFFORT HAS BEEN MADE TOLOCATE AND DELINEATE ALL KNOWN UNDERGROUND UTILITIES. HOWEVER,GIVEN THE CURRENT TECHNOLOGICAL LIMITATIONS OF THE LOCATINGEQUIPMENT, A GUARANTEE AS TO ALL UTILITIES CANNOT BE MADE.

6. TREE LABELS: TREE LABELS REPRESENT THE DIAMETER OF THE TREETRUNK IN INCHES AT BREAST HEIGHT.

BASIS OF BEARING
THE BEARING OF N16°44'00"W OF THE CENTERLINE OF LAFAYETTE STREET, BETWEEN FOUND MONUMENTS, AS SHOWN ON THAT CERTAIN MAP RECORDED ON FEBRUARY 03, 2020 IN BOOK 929 OF MAPS AT PAGES 17 THROUGH 24, SANTA CLARA COUNTY RECORDS, WAS TAKEN AS THE BASIS OF BEARINGS FOR THIS SURVEY.

BENCHMARK
THE BENCHMARK USED FOR THIS SURVEY IS A CITY OF SANTA CLARA BENCHMARK, B-13, DESCRIBED AS VTA

ALUMINUM DISK, AT THE INTERSECTION OF LAFAYETTE STREET AND MARTIN AVENUE, SET IN THE SOUTHEAST CORNER RIGHT TURN ISLAND. CITY OF SANTA CLARA.

ELEV = 47.77 FEET (NAVD88 DATUM)DRIVEWAY AGREEMENTAGREEMENT BY AND BETWEEN THE CITY OF SANTA CLARA, CALIFORNIA AND GANGI BROTHERS PACKINGCOMPANY; COVENANT RUNNING WITH THE LAND TO DEFER INSTALLATION OF CITY STANDARD COMMERCIALDRIVEWAYS. PER N106 O.R. 0944 LEGEND

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PER CITY STANDARD NO. 17

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4 SHEET

DATEBYREVISIONS DELTA

SHEETSOF
1731 Technology Drive, Suite 880 San Jose, CA 95110
t 408.286.4555 www.jmhweiss.comJAN 2023 5276DATE: DESIGNED: PROJECT NO.:CHECKED:NTBDJE 700 MATHEW STREET

SANTA CLARA, CALIFORNIA

DRAFT SET - NOT FOR CONSTRUCTION
C2.0
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WATER UTILITY SUMMARY
x EX. 6" FIRE SERVICE (FS) REPLACE EXISTING BACKFLOW DEVICE x EX. 2" DOMESTIC WATER (DOM.) KEEP.
x EX. 2" IRRIGATION (IRR.) KEEP.
x NEW 6" FIRE SERVICE (FS) 700 MATHEW STREET BUILDING 'B'. 4 SHEET

DATEBYREVISIONS DELTA

SHEETSOF
1731 Technology Drive, Suite 880 San Jose, CA 95110
t 408.286.4555 www.jmhweiss.comJAN 2023 5276DATE: DESIGNED: PROJECT NO.:CHECKED:NTBDJE 700 MATHEW STREET

SANTA CLARA, CALIFORNIA

DRAFT SET - NOT FOR CONSTRUCTION
C2.1
3 SEE SHEET C2.0

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& UTILITY PLAN
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1731 Technology Drive, Suite 880 San Jose, CA 95110
t 408.286.4555 www.jmhweiss.comJAN 2023 5276DATE: DESIGNED: PROJECT NO.:CHECKED:NTBDJE 700 MATHEW STREET

SANTA CLARA, CALIFORNIA

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THISWOUWASPIIEPAIEDIYME
01 UNDERMYSU~EIMSIONAND
CONSTIIIJCIIONOFTf!ISPltOJECT
WILLBEUNDERMYSUPERVISION.
111111

SHEET TITLE
E0.0 ELECTRICAL GENERAL INFORMATION
E1.0S ELECTRICAL SITE PLAN
E5.0 ELECTRICAL ONE LINE DIAGRAM
E6.0 ELECTRICAL LOAD CALCULATION
3LEGEND
SCALE
NONE 1ABBREVIATIONS
SCALE
NONE5GENERAL NOTES
SCALE
NONE
2DRAWING INDEX
SCALE
NONE
# DESCRIPTION
1 PROVIDE ELECTRICAL WORK AS PER PLAN.
2 PROVIDE NEW UTILITY SERVICE EQUIPMENT FOR BUILDING A. 3 PROVIDE NEW UTILITY SERVICE EQUIPMENT FOR BUILDING B. # DESCRIPTION
1 ALL WORK SHALL BE DONE IN ACCORDANCE WITH 2019 CEC, 2019 CBC, 2019 CFC, 2019 CEC, PART 6 & 2019 T24, 2019 ADA STANDARDS FOR ACCESSIBLE DESIGN. 2 THE ELECTRICAL PLANS ARE SCHEMATIC IN NATURE AND ARE NOT INTENDED TO SHOW ALL OF THE ARCHITECTURAL DETAIL OR SPECIFICS OF ELECTRICAL CONSTRUCTION.

TAKE ALL DIMENSIONS FROM THE ARCHITECTURAL DRAWINGS.

PRIOR TO ROUGH-IN, CONTRACTOR TO REVIEW ALL SUBMITTALS OF EQUIPMENT PROVIDED BY OTHER TRADE AND MAKE NECESSARY ADJUSTMENTS.

CONTRACTOR TO PROVIDE PULL/SPLICE BOXES, CONDUIT BODIES (MOGUL) TO ALLOW CONDUIT INSTALLATION AND AVOID CONFLICT WITH OTHER TRADES. ALL FLOOR,WALL,

CEILING, ROOF PENETRATIONS SHALL BE COORDINATED WITH THE RESPECTIVE TRADES. PROVIDE REQUIRED FIRE CAULKING & PATCHING.
3 EXACT LOCATION OF DISCONNECT SWITCH, ROOF PENETRATIONS, LIGHTING FIXTURES, POINT OF CONNECTIONS, ETC. SHALL BE COORDINATED WITH OTHER TRADES OR APPLICABLE SHOP DRAWINGS (I.E. COORDINATE ELEVATOR PIT LIGHTING WITH

ELEVATOR SHOP DRAWINGS, COORDINATE HVAC DISCONNECT SWITCH WITH MECHANICAL DRAWINGS, ETC.)
4 ALL EQUIPMENT SHALL BE LISTED AND SHALL BE INSTALLED AS PER THEIR LISTINGS.

INSTALLATION INSTRUCTION FOR ALL UL LISTED EQUIPMENT SHALL BE MADE AVAILABLE

TO THE BUILDING INSPECTOR AT THE TIME OF INSPECTION, ALL DEVICES AND

EQUIPMENT INSTALLED OUTDOORS OR EXPOSED TO THE WEATHER SHALL BE OF WEATHERPROOF CONSTRUCTION. ALL RECEPTACLES SHALL COMPLY WITH THE LATEST

EDITION OF THE CEC, EVEN IF NOT SPECIFICALLY IDENTIFIED IN THE DRAWINGS (GFCI, AFCI, TAMPER RESISTANT, HOSPITAL GRADE, ETC.)
5 PROVIDE WIRING CONNECTIONS BETWEEN THE DISCONNECT SWITCH / VFD / CONTROLLER AND THE ASSOCIATED EQUIPMENT (I.E., FROM DISCONNECT SWITCH TO

EF POINT OF CONNECTION, FROM DISCONNECT SWITCH TO ELEVATOR CONTROLLER, ETC.). ALL CONNECTIONS TO MECHANICAL EQUIPMENT SHALL BE MADE WITH A FLEXIBLE

CONDUIT (WP AS REQUIRED) TO PREVENT SOUND AND VIBRATION TRANSMISSION TO THE STRUCTURE. PROVIDE REQUIRED MOUNTING SUPPORT HARDWARE FOR ALL EQUIPMENT (DISCONNECT SWITCH, CONTROLLER, VFD, ETC., U.N.O.). PROVIDE INDEPENDENT SUPPORT SYSTEM IF WALL MOUNTING IS NOT FEASIBLE OR ALLOWED.

ALL EQUIPMENT AND DEVICES (OUTLETS, SWITCHES, FIXTURES, ETC.) ARE SHOWN WITH

CORRESPONDING CIRCUIT NUMBERS, REQUIRED J-BOXES AND BRANCH CIRCUIT WIRING SHALL BE PROVIDED AND COORDINATED WITH THE ASSOCIATED PANEL SCHEDULE (I.E., 1-CKT = 1 HOT, 1-NEUTRAL & 1-GND).
6 RECESSED LIGHT FIXTURES INSTALLED WHERE THERE ARE INSULATIONS IS REQUIRED TO BE I.C. RATED. ALL LIGHT SWITCHES NOT WITHIN SIGHT OF THE LUMINAIRES SHALL

BE EQUIPPED WITH A PILOT LIGHT, EVEN IF NOT SPECIFICALLY SHOWN IN THE DRAWINGS.

PENDANT FIXTURES SHALL BE PROVIDED WITH SEISMIC SUPPORT WIRES SO AS NOT TO HIT ANYTHING ON A 45 DEGREE SWING AND AS REQUIRED BY AHJ.

ALL LIGHTING FIXTURES SHALL BE PROVIDED WITH REQUIRED MOUNTING HARDWARE AND REQUIRED SEISMIC SUPPORT WIRES.

COORDINATE WITH ARCHITECTURAL DRAWINGS AND OTHER TRADES THE EXACT LOCATION OF OF LIGHTING FIXTURES PRIOR TO ROUGH-IN.
7 ALL DEVICES AND EQUIPMENT INSTALLED OUTDOORS OR EXPOSED TO THE WEATHER SHALL BE OF WEATHERPROOF CONSTRUCTION. ALL RECEPTACLES INSTALLED

OUTDOOR SHALL BE GFCI PROTECTED, WEATHER RESISTANT TYPE AND PROVIDED WITH WEATHERPROOF ENCLOSURE PER LOCAL CODE REQUIREMENTS. IN-USE TYPE WEATHERPROOF COVER SHALL BE PROVIDED FOR WET LOCATION.
8 INSTALL ALL WALL MOUNTED POWER, TELEPHONE, AND DATA OUTLETS AT +15" A.F.F. TO BOTTOM OF THE BOX, UNLESS OTHERWISE NOTED. INSTALL ALL LIGHTING CONTROL SWITCHES, FIRE ALARM PULLSTATIONS AND WALL TELEPHONE JACKS AT +48" A.F.F. TO TOP OF THE BOX, UNLESS OTHERWISE NOTED.

FOR COMPLIANCE WITH CBC ACCESSIBILITY REQUIREMENTS.
9 MINIMUM COVER REQUIREMENTS FOR UNDERGROUND CONDUIT SHALL BE PER 2019 CEC ART. 300.5.
10 GROUNDING CONDUCTORS ARE GENERALLY NOT SHOWN. GROUND AND BOND

TOGETHER ALL EQUIPMENT, RACEWAYS, MOTORS, PANELBOARDS AND SWITCHBOARDS, ETC. IN ACCORDANCE WITH 2019 CEC ARTICLE 250. BONDING OF ALL INTERIOR METAL PIPING SHALL BE IN ACCORDANCE WITH 2019 CEC ARTICLE 250 AS FOLLOWS:

A. ALL INTERIOR METAL WATER PIPING SHALL BE BONDED TO ONE OR MORE GROUNDING ELECTRODES USED. THE BONDING JUMPER SHALL BE SIZED IN ACCORDANCE WITH 2019 CEC ARTICLE 250.66.

B. INTERIOR METAL PIPING THAT MAY BECOME ENERGIZED (I.E. GAS PIPING, ETC.) SHALL

BE BONDED TO ONE OR MORE GROUNDING ELECTRODES USED, THE BONDING JUMPER SHALL BE SIZED IN ACCORDANCE WITH 2019 CEC ARTICLE 250.122, USING THE RATING OF THE CIRCUIT THAT MAY ENERGIZE THE PIPING SYSTEM.

C. INTERIOR METAL PIPING SYSTEM SEPARATED BY A PLUMBING EQUIPMENT (I.E. METER, WATER HEATER) SHALL BE PROVIDED WITH A BONDING JUMPER SIZED PER 2019 CEC ARTICLE 250.66.

D. ALL GROUNDING ELECTRODE INSTALLED IN THE BUILDING SHALL BE BONDED TOGETHER TO FORM A SINGLE GROUNDING ELECTRODE SYSTEM PER 2019 CEC ARTICLE 250.50 & 250.58.
11 CONTRACTOR IS RESPONSIBLE FOR THE ARRANGEMENT OF INSPECTING ELECTRICAL EQUIPMENT IN A DE-ENERGIZED STATE.
12 ALL EQUIPMENT AND APPURTENANCES USE IN THIS PROJECT SHALL BE UL (NRTL) LISTED OR LABELED FOR THE PURPOSE AS PER CEC-2019 ART. 110.3. 13 ALL ELECTRICAL CONDUCTOR MATERIAL SHALL BE COPPER. ALL OTHER MATERIALS SHALL BE APPROVED BY THE ADMINISTRATIVE AUTHORITY.

SYMBOL DESCRIPTION

A AMPERE

AIC AMPERE INTERRUPTING CAPACITY

AFF ABOVE FINISHED FLOOR

AWG AMERICAN WIRE GAUGE

C CONDUIT

CU COPPER

D ONE WAY DISTANCE OF FEEDER OR BRANCH CIRCUIT

E EXISTING

EC ELECTRICAL CONTRACTOR

EF EXHAUST FAN

EM EMERGENCY

GFI GROUND FAULT INTERRUPTER

G, GND GROUND

IG ISOLATED GROUND

ISC SHORT CIRCUIT CURRENT

LV LOW VOLTAGE

MC MECHANICAL CONTRACTOR

MCB MAIN CIRCUIT BREAKER

MLO MAIN LUG ONLY

NEC NATIONAL ELECTRICAL CODE
NL NIGHT LIGHT, "ON" 24/7

PP O L E

PC PLUMBING CONTRACTOR

PH PHASE

PROVIDE FURNISH, INSTALL, CONNECT

R REMOVE, DEMO

RL RELOCATE TO THIS NEW LOCATION

RR REMOVE & RELOCATE

RMC RIGID METAL CONDUIT

SAD SEE ARCHITECTURAL DRAWINGS

SMD SEE MECHANICAL DRAWINGS

SPD SEE PLUMBING DRAWINGS

TD TIME DELAY

UNO, UON UNLESS NOTED OTHERWISE

V VOLTS

VA VOLT AMPERE

VD VOLTAGE DROP

VFD VARIABLE FREQUENCY DRIVE

WP WEATHERPROOF
+42 SUBSCRIPT LOCATED NEXT TO THE DEVICE MEANS 42" AFF TO CENTER OF DEVICE 4SCOPE OF WORK
SCALE
NONE
7NOT USED
SCALE
NONE
SPACE

ELECTRICAL GENERAL

INFORMATION
E0.0

SYMBOL DESCRIPTION

METER, METER SOCKET

CIRCUIT BREAKER
GROUNDING ELECTRODE SYSTEM:

UFER, GROUND ROD, U.G. WATER PIPE, STRUCTURAL STEEL.

M
PROJECT #:

SCALE:

DATE:

SHEET NO.:

SHEET TITLE:

PROJECT:

DESCRIPTIONNO. DATE
- PERMIT SET 06/27/2022

SERVICE APPLICATION
700 MATHEW ST.

STA. CLARA, CA 95050
SERRANO ELECTRIC INC.

ELECTRICAL DESIGN BUILD

STATE OF CALIFORNIA
LICENSE #: C10 507852
EXPIRATION: 31 MAR 2023
06/22/2022

AS NOTED
700 MATHEW ST.

PHASE -1
6NOT USED
SCALE
NONE
SPACE

FOR REFERENCE ONLY FOR REFERENCE ONLY + :i 0
(N) SERVICE EQUIPMENT
MAIN SWITCHBOARD 'MSB-1'
3 52

SVP PAD MOUNTED

TRANSFORMER

1.11 42
7 (N) DISTRIBUTION BOARD 'DB-1' 3.1
(N) SERVICE EQUIPMENT
MAIN SWITCHBOARD 'MSB-2'
3 (N) DISTRIBUTION BOARD 'DB-2'3.1
52 REMOVABLE BARRIER POSTS SVP PAD MOUNTED

TRANSFORMER

1.11 REMOVABLE BARRIER POSTS
7 4 2

CONCRETE APRON

CONCRETE APRON
24"X26" PULL BOX
24"X26" PULL BOX 6
6 BUILDING 'A' BUILDING 'B'
8 8

ELECTRICAL

SITE PLAN
E1.0S1ELECTRICAL SITE PLAN
SCALE
1/16" = 1'-0"
KEY NOTES: -

1. SVP UTILITY TRANSFORMER. ELECTRICAL CONTRACTOR TO COORDINATE LOCATION WITH SVP.

1.1 PROVIDE 8 FT CLEAR WORKING SPACE FROM THE FRONT OF THE EQUIPMENT AND 3 FT FROM ALL OTHER SIDES.

2. UNDERGROUND FEEDER ROUTES SHOWN ARE DIAGRAMMATIC ONLY. ELECTRICAL

CONTRACTOR IS RESPONSIBLE TO FIELD VERIFY AND MAP-OUT ROUTING TO SUIT ACTUAL FIELD CONDITION. DAMAGED TO EXISTING UNDERGROUND UTILITIES

SHALL BE REPAIRED BY THE ELECTRICAL/GENERAL CONTRACTOR AT NO ADDITIONAL COST TO THE OWNER. COORDINATE WITH OTHER TRADE PRIOR TO START OF WORK.

3. MAIN SWITCHBOARD: 4000A, 480/277V, 3PH , 4W, 65KAIC, NEMA 3R. PROVIDE 4 FT WORKING SPACE IN FRONT OF MAIN SWITCHBOARD PER UTILITY COMPANY.

3.1 DISTRIBUTION BOARD: 4000A, 480/277V, 3PH , 4W, 65KAIC, NEMA 1. PROVIDE 4 FT WORKING SPACE IN FRONT OF DISTRIBUTION BOARD.

4. UTILITY PRIMARY SERVICE PER SVP DESIGN. ELECTRICAL CONTRACTOR TO PROVIDE TRENCHING PER SVP REQUIREMENTS.

5. SEE ONE LINE DIAGRAM FOR SERVICE ENTRANCE CONDUCTOR. PROVIDE TRENCHING PER SVP REQUIREMENTS.

6. PROVIDE 24"X36" PULL BOX PER UTILITY REQUIREMENT. EC TO VERIFY LOCATION WITH SVP.

7. SEE SVP DRAWINGS FOR POINT OF CONNECTION.

8. PROVIDE 2"C TO U/E BOX PER SVP REQUIREMENTS.

A. SEE GENERAL NOTES ON SHEET E0.00.

B. INSTALLATION MUST COMPLY WITH SVP REQUIREMENTS.

C. ALL TRENCHING, CUTTING AND PATCHING OF EXISTING CONCRETE SLAB FLOOR,

AS REQUIRED FOR THE INSTALLATION OF THE ELECTRICAL SYSTEMS SHOWN SHALL BE BY ELECTRICAL CONTRACTOR. PAINT ALL PATCHING TO MATCH ADJACENT EXISTING SURFACE.

D. ALL CONDUITS AND WIRING SHALL BE UL LISTED AND MARKED FOR INTENDED USE PER CEC 2019.

E. SEE SHEET E5.0 FOR ELECTRICAL ONE LINE DIAGRAM.

PROJECT #:

SCALE:

DATE:

SHEET NO.:

SHEET TITLE:

PROJECT:

DESCRIPTIONNO. DATE
- PERMIT SET 06/27/2022

SERVICE APPLICATION
700 MATHEW ST.

STA. CLARA, CA 95050
SERRANO ELECTRIC INC.

ELECTRICAL DESIGN BUILD

STATE OF CALIFORNIA
LICENSE #: C10 507852
EXPIRATION: 31 MAR 2023
06/22/2022

AS NOTED
700 MATHEW ST.

PHASE -1
GENERAL NOTES:

FOR REFERENCE ONLY FOR REFERENCE ONLY D no
·~
: ~~I I I I I I I
I
"----------+--------i i 8
0 0
0 0
ll:JWJJ
:-;cf
i---------=------~' ~1/f
o\'l
0 1111111111
-fe 'SERRANO
I ; E L E C T R I C I N C.
1111111111

ELECTRICAL

ONE LINE DIAGRAM
E5.01ELECTRICAL ONE LINE DIAGRAM
SCALE
NONE

TAG WIRE & CONDUIT SIZE

1. ALL WIRE SHALL BE COPPER AND INSULATION SHALL BE THHN, THWN-2, XHHW-2.

2. H - HOT/UNGROUNDED CONDUCTOR; N - NEUTRAL/GROUNDED CONDUCTOR; G - GROUNDING CONDUCTOR; IG - ISOLATED GROUNDING CONDUCTOR.

3. UNLESS LISTED OTHERWISE, THE AMPACITY OF 600V OR LESS CONDUCTORS SHALL BE BASED ON THE TERMINALS NOT TO EXCEED 60 DEG C (140 DEG F) FOR CONDUCTOR SIZE #14 THROUGH #1 AWG OR 75 DEG C (167 DEG F) FOR CONDUCTOR SIZES OVER #1 AWG.

4. WHERE THE PHASE CONDUCTORS ARE INCREASED IN SIZE (E.G. FOR VOLTAGE DROP COMPENSATION), EQUIPMENT GROUNDING CONDUCTOR SHALL BE INCREASED IN SIZE PROPORTIONATELY ACCORDING TO CIRCULAR MIL AREA OF THE PHASE CONDUCTOR.

NOTES:
2-#10 H + 1-#10G
IN 1/2"C
30 2

TAG WIRE & CONDUIT SIZE TAG WIRE & CONDUIT SIZE TAG WIRE & CONDUIT SIZE 3-#1/0 H + 1-#1/0 N + 1-#6G
IN 2"C
125
3N
3-#3/0 H + 1-#3/0 N + 1-#6G
IN 2 1/2"C
200
3N
3-#1 H + 1-#8G
IN 1 1/2"C
100
3 2-#6 H + 1-#8G
IN 3/4"C
50 2
2-#1 H + 1-#8G
IN 1 1/4"C
100
2 3-600 MCM H + 1-600 MCM N + 1-#3G
IN 4"C
400
3N
3-#10 H + 1-#10G
IN 3/4"C
30 3
3-#8 H + 1-#10G
IN 1"C
40 3
3-#4 H + 1-#10G
IN 1 1/4"C
60 3
2-#8 H + 1-#10G
IN 3/4"C
40 2
225
3PT
3-#4/0 H + 1-#2/0G
IN 2 1/2"C
50 3PT
3-#6 H + 1-#6G
IN 1"C
3-#1 H + 1-#1 N + 1-#6G
IN 2"C
100
3ST
3-#4/0 H + 1-#4/0 N + 1-#2G
IN 2 1/2"C
225
3ST
3-#4/0 H + 1-#4/0 N + 1-#4G
IN 2 1/2"C
225
3N
1-#12 H + 1-#12 N + 1-#12G
IN 1/2"C
20 1N
3-#1/0 H + 1-#6G
IN 2"C
125
3 100
3N
350
3PT
3-500 MCM H + 1-#3/0G
IN 3-1/2"C
2-#12 H + 1-#12G
IN 1/2"C
20 2
2-#6 H + 1-#6 N + 1-#10G
IN 1"C
50 2N
100
3PT
3-#1 H + 1-#2G
IN 2"C
3-#1 H + 1-#1 N + 1-#8G
IN 2"C
3-#2/0 H + 1-#6G
IN 2"C
175
3PT
1-#10 H + 1-#10 N + 1-#10G
IN 1/2"C
30 1N
60 3N
3-#4 H + 1-#4 N + 1-#10G
IN 1 1/4"C
50 3NV
3-#4 H + 1-#4 N + 1-#8G
IN 1 1/4"C
800
3ST
3-600 MCM H + 1-600 MCM N + 1-#3/0G
IN 4"C (2-PARALLEL SETS)
50 3N
3-#6 H + 1-#6 N + 1-#10G
IN 1"C
500
3ST
3-350 MCM H + 1-350 MCM N + 1-#2/0G
IN 3"C (2-PARALLEL SETS)
400
3ST
3-600 MCM H + 1-600 MCM N + 1-#3/0G
IN 4"C
3-#6 H + 1-#10G
IN 1"C
50 3
800
3N
3-600 MCM H + 1-600 MCM N + 1-#1/0G
IN 4"C (2-PARALLEL SETS)
3-250 MCM H + 1-250 MCM N + 1-#1G
IN 3"C (2-PARALLEL SETS)
500
3N
3-#4 H + 1-#8G
IN 1 1/4"C
70 3
500
3PT
3-350 MCM H + 1-350 MCM N + 1-#2/0G
IN 3"C (2-PARALLEL SETS)
1-#8 H + 1-#8 N + 1-#10G
IN 3/4"C
40 1N
3-250 MCM H + 1-250 MCM N + 1-#3G
IN 3"C
250
3N

FEEDER SCHEDULE
3-#2/0 H + 1-#2/0 N + 1-#6G
IN 2"C
150
3N

PRIMARY SERVICE

U/G CONDUIT

SECONDARY SERVICE

U/G CONDUIT AND FEEDERS

UTILITY

TRANSFORMER
1 UFER GROUND
(LOCATION TO

BE DETERMINED
IN FIELD)BLDG. STRUCT.

STEEL
GROUNDING PER NEC 250
3/4" Ø x 120"

TINNED CU GROUND RODS
#3/0 AWG CU GROUNDING

ELECTRODE CONDUCTOR
DISTRIBUTION BOARD 'DB-1'
4000A, 480/277V, 3PH, 4W, N-1 65KAIC
2 3
4000
3N
BLDG. CW
PIPING

METER SECTION PULLING SECTION
MAIN SWITCHBOARD 'MSB-1'
4000A, 480/277V, 3PH, 4W, N-3R 65KAIC

1. ALL ELECTRICAL EQUIPMENTS AND FEEDERS ARE NEW UNLESS OTHERWISE NOTED AS "(E)" FOR EXISTING. RE-TORQUE ALL EXISTING TERMINATIONS PER MANUFACTURER RECOMMENDATION.

2. SWITCHBOARD SHOWN ON THE SINGLE LINE DIAGRAM SHALL BE "FULLY-RATED" ADEQUATE FOR

THE MAXIMUM FAULT CURRENT AVAILABLE AT THE POINT OF APPLICATION, INCORPORATING THE CURRENT LIMITING DEVICES AS SPECIFIED. "SERIES-RATING" FOR PANELBOARDS IS ACCEPTABLE. PROVIDE REQUIRED MARKING AS REQUIRED PER NEC ARTICLE 110.22(B) & (C) FOR SIGNAGE AT ALL PANELS AND EQUIPMENT. IF NOT "FULLY-RATED SYSTEM" CONTRACTOR SHALL

SUBMIT SHOP DRAWINGS INDICATING SERIES RATING AND INCLUDE A COPY OF ALL LABELING, INCLUDING RESPECTIVE UL LISTING, TO THE AHJ FOR REFERENCE.

3. PROVIDE PHENOLIC NAMEPLATE LABELLING & TYPE WRITTEN PANEL DIRECTORY FOR ALL PANELS.

4. INTERIOR METAL PIPING SYSTEM SHALL BE BONDED TO THE GROUNDING ELECTRODE SYSTEM.

5. GROUND AND NEUTRAL SHALL ONLY BE BONDED AT THE SERVICE EQUIPMENT AND AT THE SEPARATELY DERIVED SYSTEM.

6. EQUIPMENT LINE-UP IS BASED ON SQUARE D PRODUCT. ALTERNATE MANUFACTURER IS ACCEPTABLE PROVIDED THAT IT MEETS THE DESIGN INTENT AND CLEARANCE REQUIREMENTS.

7. ONLY U.L LISTED EQUIPMENT SHALL BE USED.

8. PROVIDE ALL NECESSARY SIGNAGE, LABELING AND PLAQUES AS REQUIRED BY CEC 23-.70(B), 695 & 700.

9. ELECTRICAL CONTRACTOR TO PROVIDE MAIN LUGS & ADAPTOR LUGS AS NEEDED FOR CONNECTIONS AT PANEL BOARDS AND EQUIPMENT.

10. ALL METERING EQUIPMENTS SHALL BE SUBMITTED TO THE UTILITY PROVIDER FOR APPROVAL.

11. INSTALL ENGRAVED BAKELITE NAMEPLATE ON SERVICE DISCONNECT SWITCH WITH SERVICE ADDRESS.

12. LOAD CALCULATION FOR FUTURE TENANT IMPROVEMENT PROJECT TO BE PROVIDED UNDER PHASE 2 PACKAGE.

GENERAL NOTES:
1 NEW PAD-MOUNTED UTILITY TRANSFORMER:

CONTRACTOR TO COORDINATE WITH SVP REPRESENTATIVE FOR WORK REQUIRED.

SEE ELECTRICAL PLANS FOR MORE INFORMATION.
2 GROUNDING ELECTRODE SYSTEM:

CONNECT TO GROUNDING ELECTRODE SYSTEM USING #3/0. UNDERGROUND METAL WATER PIPE (WITHIN 5' OF ENTRANCE TO BUILDING), ALL METAL PIPING SYSTEM, CONTIGUOUS STRUCTURAL

METAL (IF PRESENT) SHALL BE BONDED TO THE GROUNDED ELECTRODE SYSTEM IN MAIN SWITCHBOARD USING #3/0. PROVIDE (3) 3/4" X 120" TINNED CU GROUND ROD - MINIMUM 72" APART.

USE #4 CU WIRE FOR SOLE CONNECTION TO GROUND ROD. PROVIDE ADDITIONAL GROUNDING ELECTRODE WHERE RESISTANCE TO GROUND EXCEEDS 5 OHMS.
3 PROVIDE PAD TO ENSURE LEVEL WORKING CLEARANCE IN FRONT OF EQUIPMENT. SEE PLANS FOR ADDITIONAL INFORMATION.
4 NOT USED.
5 PROVIDE CIRCUIT BREAKER WITH GROUND FAULT PROTECTION. 6 PRIOR TO PURCHASE THE EQUIPMENT, COORDINATE EXACT AVAILABLE FAULT CURRENT WITH UTILITY PROVIDER . ADJUST TO THE NEXT STANDARD SIZE IF UTILITY FAULT CURRENT IS HIGHER THAN EQUIPMENT RATING AS SHOWN.
7 PROVIDE 12-SETS OF 3 1/2"C,4#500 MCM, 1# 3/0GND FOR SECONDARY SERVICE ENTRANCE CONDUCTORS.
8 PROVIDE 2-5"C EMPTY CONDUIT FOR PRIMARY SERVICE CONDUCTORS. 9 PROVIDE CIRCUIT BREAKER WITH LONG TIME, SHORT TIME AND INSTANTANEOUS TRIP SETTINGS.

KEY NOTES: X
200A
3P
200A
3P
400A
3P
4000A
3P
70 3PT
3-#4 H + 1-#6G
IN 1"C
100
3PT
3-#1 H + 1-#2G
IN 2"C
3-#2/0 H + 1-#2/0 N + 1-#4G
IN 2"C
150
3ST
400A
3P
600A
3P
600A
3P
1000A
3P
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
4000A
3P
4000
3N
3-600 MCM H + 1-600 MCM N + 1-#500 MCM G
IN 4"C (10-PARALLEL SETS)

TO (E) SVP PRIMARY

DISTRIBUTION
GFP5
GFP5

PRIMARY SERVICE

U/G CONDUIT

SECONDARY SERVICE

U/G CONDUIT AND FEEDERS

UTILITY

TRANSFORMER
1 UFER GROUND
(LOCATION TO

BE DETERMINED
IN FIELD)BLDG. STRUCT.

STEEL
GROUNDING PER NEC 250
3/4" Ø x 120"

TINNED CU GROUND RODS
#3/0 AWG CU GROUNDING

ELECTRODE CONDUCTOR
DISTRIBUTION BOARD 'DB-2'
4000A, 480/277V, 3PH, 4W, N-1 65KAIC
4000
3N
BLDG. CW
PIPING
200A
3P
200A
3P
400A
3P
400A
3P
600A
3P
600A
3P
1000A
3P
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
TO
FUTURE
LOADS
4000A
3P

TO (E) SVP PRIMARY

DISTRIBUTION
GFP5
PROJECT #:

SCALE:

DATE:

SHEET NO.:

SHEET TITLE:

PROJECT:

DESCRIPTIONNO. DATE
- PERMIT SET 06/27/2022

SERVICE APPLICATION
700 MATHEW ST.

STA. CLARA, CA 95050
SERRANO ELECTRIC INC.

ELECTRICAL DESIGN BUILD

STATE OF CALIFORNIA
LICENSE #: C10 507852
EXPIRATION: 31 MAR 2023
06/22/2022

AS NOTED
700 MATHEW ST.

PHASE -1

BUILDING 'A' - ONE LINE DIAGRAM BUILDING 'B' - ONE LINE DIAGRAM

MAIN SECTION
2 3

METER SECTION PULLING SECTION
MAIN SWITCHBOARD 'MSB-2'
4000A, 480/277V, 3PH, 4W, N-3R 65KAIC
4000A
3PGFP5

MAIN SECTION

6 6
77 8 8
9 9
9 9

FOR REFERENCE ONLY FOR REFERENCE ONLY ,, " " ,1 ,J ,J
0 ,---------.-----~--0
I
I
g;
0~
" ,J " " " ,J ,J 0 ,J " ,J
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0 0
0 0 0
0 0 0
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700 MATHEW ST.

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700 MATTHEW ST, SANTA
CLARA, CA 95050
Author
2023.01.09
22032
QMS - Santa Clara
2023.01.09
RW Stover & Associates, Inc.

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2 THIS SHEET IS NOT TO BE USED FOR

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RELEASED FOR CONSTRUCTION.
3 THESE PLANS AND PRINTS THEREOF,

AS INSTRUMENTS OF SERVICE, ARE

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REPRODUCTION AND/OR DISTRIBUTION

WITHOUT PRIOR WRITTEN CONSENT
FROM THE ARCHITECT IS FORBIDDEN.

CUP SUBMITTAL
700 MATTHEW ST, SANTA
CLARA, CA 95050
Author
2023.01.09
22032
QMS - Santa Clara
2023.01.09
RW Stover & Associates, Inc.

Landscape Architecture
Ph: 925.933.2583
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Walnut Creek, CA 94596

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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-824 Agenda Date: 7/18/2023

REPORT TO COUNCIL

SUBJECT
Action on Appointments Related to a Charter Review Committee and Direction to Study Charter Amendment Alternatives Related to the Positions of Police Chief and City Clerk for Possible Placement on a March 2024 ballot.

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
At its meeting on June 6, 2023, the City Council took action to establish a 7-member Charter Review Committee (“Committee”) for the purposes of studying whether to propose an amendment to the City Charter that would change the positions of Police Chief and City Clerk from elected to appointed positions.

In doing so, the City Council also requested that the Committee consider and make a recommendation as to the appropriate appointing authority should they propose a charter change.

The City Council approved a selection process whereby each Council member was to nominate one representative from their District with one at-large member nominated by the Mayor. Names of nominees were to be submitted to the City Clerk by July 7 th for purposes of validating residency with
formal Council action to be taken at the July 18, 2023 City Council meeting. To allow additional time to nominate members, the deadline was extended to noon on July 12, 2023.

The purpose of this item is to present the names of proposed nominees (Attachment 1) for City Council consideration and to seek direction from the City Council as to any additional scope of work for the Committee

DISCUSSION
The nominees are as follows:

At-Large: Joyce Davis
District 1: Satish Chandra
District 2: Chiragkumar Patel
District 3: Christine Koltermann
District 4: Daniel Huynh*
District 5: Jeff Houston
District 6: Clysta Seney
City of Santa Clara Printed on 7/14/2023Page 1 of 3
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23-824 Agenda Date: 7/18/2023
*Nomination documentation received after the deadline.

Each nominee met the requirement of being a registered voter and resident of the City of Santa Clara. Each submitted proof of residency and voter registration verification was done through the Registrar of Voters Office.

Next Steps
Should the City Council decide to proceed with calling for a March 2024 election, the appropriate paperwork must be submitted to the Registrar of Voters no later than November 27, 2024. In order to meet this timeline, staff has prepared a tentative schedule for the Committee which is enclosed as Attachment 2. This schedule will allow for an initial meeting of the Committee to select a Chair and Vice Chair, Review the Scope of Work as defined by the City Council and finalize the dates/times of the proposed meetings. This meeting would be followed by two public hearings to take public comment, followed by two public meetings for the Committee to draft and finalize their recommendations. Staff would then prepare a report to Council to transmit the recommendations of the Committee and present to the City Council at the November 7 Council meeting. This schedule would then allow the City Council to consider whether to call for a March election at its November 14, 2023 meeting.

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 15478(b)(4) in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
There is no fiscal impact associated with this action to appoint Committee members other than the related staff time. However, on July 18, 2023, the City Council will consider a written petition submitted by Councilmember Jain to establish a budget to support the work of the Charter Review Committee as well as other ballot measure costs which could have a fiscal impact of up to $430,455.

That item will be brought forward as RTC 23-913.

COORDINATION
This report has been coordinated with the City Clerk’s office and the City Attorney.

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 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.

City of Santa Clara Printed on 7/14/2023Page 2 of 3
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23-824 Agenda Date: 7/18/2023

ALTERNATIVES

1. Appoint nominees to serve as members on the Santa Clara Charter Review Committee for the purpose of studying whether to propose an amendment to the City Charter that would change the positions of Police Chief and City Clerk from elected to appointed positions.

2. Other action or direction to the Charter Review Committee as deemed appropriate by the City Council

RECOMMENDATION
Alternative : Staff makes no recommendation
Reviewed by: Cynthia Bojorquez, Assistant City Manager
Approved by: Jōvan Grogan, City Manager

ATTACHMENTS

1. Nomination Forms

2. Proposed Committee Schedule
City of Santa Clara Printed on 7/14/2023Page 3 of 3
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THE DEADLINE TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 r1-,• , .
l,,/~'1,1,1,.:r4J:W""~'fC-"~-r.. hereby nominate the following individual to serve on the 2023 CHarte~ Review Committee:
~Councllmember
2023 JUL 12 All [I : 09
Nominee Information :

Name: Joyce Davis
Address: -------- ----- ----------------------
City: Santa Clara
State: CA -----------
Zip Code: _9_5_0_5_0 ___ _
E~mail Address: _ -----------------------------------
Primary Phone Number: ____________________________ _
Secondary Phone Number: _n_/_a _________________________ _ Are you a resident of the City of Santa Clara?
(Must be a resident at time of application - Provide 2 proofs of residency: i.e. License/ID, Utility Bill or passport) Are you a registered voter of the City of Santa Clara?
(Must be a registered voter at time of application)
~Yes DNo
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves 111'1 No
Would you be willing to abstain from voting if such a conflict arises? lll'lve s D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibility and attend meetings. Please note that the information provided on this form is a public record that may be subject to disclosure upon request.

Slgnatu~/
Date S~:
1 J-j 13/23
You may submit the completed nomination form In person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, Callfornla 95050 or email completed form to: clerk@santaclaraca .gov THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBM IT NOMINATION S IS 12:00 PM, JULY 12, 2023 I, KathYWatanabe hereby nominate the following individual to serve on the 2023 Charter Review Committee:

Mayor/Councilmember RECEIVED
Nomine e Information :

Name: Satish Chandra
Address:

JUL .1 0 2023
City Clerk's Office
City of Santa Clara
-------------------- --------------
City: Santa Clara
State: California Zip Code: _9_so_s_4 _____ _
E-mail Address: --------------------------------
Primary Phone Number : ____________________________ _
Secondary Phone Number: ___________________________ _
Are you a resident of the City of Santa Clara?
(Must be a resident at lime of application- Provide 2 proofs or residency: I.e. Lk:ense/10, Utility BIii or passport) Are you a registered voter of the City of Santa Clara?
(Must be a registered voter at time of application)
~ Yes D No
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves I ti' I No
Would you be willing to abstain from voting if such a conflict arises? I ti' Ives D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibility and attend meetings . Please note that the information provided on this form is a public record that may be subject to disclosure upon request.

Signature:

Date Signed: July 8, 2023
You may submit the completed nomination form in person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, California 95050 or email completed form to: [email protected] THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 Raj Chahal hereby nomi nate the following Individual to serve on the 2023 Charter Review Committee:
,. --=--..,,.-~-· MayorfCounollmember ~11v£D 1\ECf.",4Jl JUL 1 o ion Nomine e Information :

Name: Chiragkumar Patel It C(el Ks 014169
g,\~ of san\a Clara
Address: _:-:.___ ___ ___;===-- L -------------_...,-~_ :i.._ ~----- City: Santa Clara
State: _C_A _______ _ Zip 0ode: _9_5_0_5_0 ___ _
E-mail Address: ______________________________ _
Primary Phone Number: ___________________________ _
Secondary Phone Number: __________________________ _
~ Yes ONo
~ Yes ONo
Are you a resident of the City of Santa Clara?
(Must be a rHldent al Ume or application - Provide 2 proofs of 11111dency; I e Ucena!JID, Ulihly Blll or passport)
Are you a registered voter of the City of Santa Clara?
(Musi be a regl1lIred voter 11 time or 1ppllcaUon)
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be consider ed by the Charter Review Committee? Oves 5(1 No
Would you be willing to abstain from voting If such a conflict arises? fi]ves O No By signing below, you are affirming that if appointed, you have sufficient tlme to devote to this responsibility and attend meetings. Please note that the Information provided on this form is a public record that may be subject to disclosure upon request.

Signature: C ft//~ · ·
Date Signed: e 7 /Jo/ 2-<i2]
You may submit the completed nomination form In person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, Callfornla 95050 or emall completed form to: [email protected] THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEA DLINE TO SUBMIT NOMINATION S IS 12:00 PM , JULY 12, 2023 I, Karen HardY , hereby nominate the following individual to serve on the 2023 Charte r Review Committee:

Mayor/Councilmember REC~JVED
Nominee lnformati~n:

Name: Christine Koltermann
JUL .1 0 2023
City Clerk's Office
City of Santa c1a1a
Address : -------"---""------------- ---------- --
City: Santa Clara
Stat e: CA -----------
Zip Code: _9_5_0_5_1 ___ _
E-ma il Address : --------=-=------ ------------- ----
Primary Phone Number: ______________________ ______ _
·secondary Phone Number: ____ __________________ _____ _ Are you a resident of the City of Santa Clara?
(Must be a resident at time of application - Provide 2 proofs of residency; I.e. License/ID, Utility BIii or passport) Are you a registered voter of the City of Santa Clara?
(Must be a registered voter at time or application)
[Z] Yes DNo
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Cha rter Review Committee? Oves I/I No
Would you be willing to abstain from voting if such a conflict arises? I/Ives D No By signing below , you are affirming that if appointed , you have sufficient time to devote to this responsibility and attend meetings. Please note that the info rma tion provided on this form is a public rec ord tha t may be subject to disclosure upon request.

Signature:

Date Signed : 7/10/23
You may submit the completed nomination form in person at: City Clerk's Office , 1500 Warburton Avenue, Santa Clara, California 95050 or email comp leted form to: [email protected] THE DEADLINE TO SUB MIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLIN E TO SUBMIT NOMINATIONS IS 12:00 PM, JULY 12, 2023 1, Kevin Pa~k , hereby nominat e the following individua l to serve on the 20~~~~'fl~m ittee:

Mayor/Counc1lmember l\l!,\,;~ ·1 W' J!.U
Nominee Information:

Name: Daniel Huynh
JUL 1 3 2023
City Clerk's Office .

City of Santa Clara .

Address : ----------------------- - - ---------
City: Santa Clara
State: California Zip Code : 95051
E-mail Address: ----- - ---------------------------
Primary Phone Number: ____________________________ _
Secondary Phone Number : ___________________________ _
Are you a resident of the City of Santa Clara?
(Must be a resident at lime of application - Provide 2 proofs of residency: I.e. License/ID, Utility Bill or passport) Are you a registe red voter of the City of Santa Clara? (Must be a registered voter al lime of application)
!Zlves DNo
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potentia l conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves 1 ✓ 1 No
Wou ld you be willing to absta in from voting if such a conflict arises? l ✓ lves D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsib ility and attend meetings. Please note that the information provided on this form is a public record that may be subject to disclosure upon request.

Signature:

Date Signed: 7/13/23
You may submit the completed nomination form in person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, California 95050 or email completed form to: clerk@santac laraca.gov THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBM IT NOMINATIONS IS 12:00 PM, JULY 12, 2023 I, Sudha nshu Jain, hereby nominate the following individual to serve on the 2023 Cha rter Review Comm ittee:

Mayor/Councllmember
Nom inee Inform ation :

Name: Jeff Houston
Address:

RECEIVED
JUL· 3 2023
City Clerk's Office
City ot Santa Clara
---------- --------------------- ---
City: Santa C lara
State : CA ----------- Zip Code : _9_5_0_5_0 ____ _
E-mail Addres s: -------------------- -------- ----
Primary Phone Num ber: ____________________________ _
Secondary Phone Number: _n_/_a _____________ ____ _________ _ Are you a resident of the City of Santa Clara?
(Must be a resident at lime of application - Provide 2 proofs of residency: I.e. License/ID, Utility Bill or passport) Are you a registered voter of the City of Santa Clara?
{Must be a registered voter at lime of application)
[Z] Yes ONo
[Z] Yes O No
City policy directs all adv isory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potent ial conflict that would prevent you from voting on matters to be consid ered by the Charter Review Comm ittee? Oves I/ I No
Would you be willing to abstain from voting if such a conflict arises? I/I Yes D No By signing below , you are affirmi ng that if appo inted, you have sufficient time to devote to this respo nsibility and attend meetings . Please note that the informatio n provided on this form is a public record that may be subject to disclosure upon request.

Signature:

J ff H t
Digllally signed by Joff Housto,1
e OLIS on Dato: 2023.07.02 16:34:13
•07'00'
Date Signed : 7 /2/23
You may submit the com pleted nomination form in person at: City Clerk's Office, 1500 Warburton Avenue, Santa Clara, California 95050 or email com pleted form to: clerk@santac laraca.gov THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 THE DEADLINE TO SUBM IT NOMINATIONS IS 12:00 PM, JULY 12, 2023 I, Anfh0ny Becker, hereby nominate the followi ng individual to serve on the 2023 Charter Review Com.p~~:

Mayor/c.ouncllmember RECEJ V ~D
(t,) ,,
JUL o:~ 2023 Nominee Information :

Name: Clysta Seney (registered as Clysta ES Mclemore) City Clerk's Office City of Santa Clara
Address: --------- ------ ------------------
City: Santa Clara
State : CA ----------- Zip Code: 95050
E-mail Address: --=-------='----=--- --------------------- Primary Phone Number: _________ ______ _____ _______ _
Secondary Phone Number: _N_A ___________ ______ _______ _ Are you a resident of the City of Santa Clara?
(Must baa resident at time or application - Provide 2 proofs of residency: I.e. License/ID, Utility Bill or passport) Are you a registered voter of the City of Santa Clara?
(Must be a registered voter at lime or application)
~Yes DNo
City policy directs all advisory body members not to vote on matters where there exists a potential conflict of interest.

Are you aware of any potential conflict that would prevent you from voting on matters to be considered by the Charter Review Committee? Oves IV I No
Would you be willing to abstain from voting if such a conflict arises? IV!Yes D No By signing below, you are affirming that if appointed, you have sufficient time to devote to this responsibi lity and attend meetings . Please note that the information provided on this form is a public record that may be subject to disclosure upon request.

Signature: ~ .. /4 -,,'-'-7/'"'
Date Signed: y ~ ~ 1 .;i_o:i..3
You may submit the comp leted nomination form In person at: City Clerk's Office, 1500 Warburton Avenue , Santa Clara, California 95050 or email completed form to: [email protected] THE DEADLINE TO SUBMIT NOMINATION IS 12:00 PM, JULY 12, 2023 2023 Charter Review Committee
Proposed Schedule

Committee appointments confirmed Tuesday, July 18, 2023 Initial Meeting of the Committee
• Selection of Chair/Vice Chair
• Review of Scope of Work/
Timelines/Meeting Schedule
• Identification of Research Required

7 pm, Thursday, August 10, 2023
Public Hearing #1 – City Hall 7 pm, August 24, 2023
Public Hearing #2 – Central Park Library 7 pm, Thursday, September 14, 2023 Initial Draft of Committee Recommendations
• Police Chief
• City Clerk

7 pm, Thursday, September 21, 2023
Final Draft of Committee Recommendations 7 pm, Thursday, October 5, 2023 Staff Report Issued Thursday, November 2 or Friday, November 3rd Presentation to Council Tuesday, November 7, 2023; time TBA Call for Election if Appropriate Tuesday, November 14, 2023

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-726 Agenda Date: 7/18/2023

REPORT TO COUNCIL

SUBJECT
Action to Approve Introduction of an Ordinance Amending the Santa Clara City Code to Create a Limited-Term Pilot Project Regulating Vending Upon Certain Public Sidewalks and Pedestrian Paths Surrounding Levi’s Stadium on Event Days Including the Waiver of Certain Business and Permit Fees

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure Enhance Community Engagement and Transparency

EXECUTIVE SUMMARY
SB 946 prohibits California cities and counties from banning sidewalk vendors from operating on public sidewalks or other pedestrian pathways and prohibits cities from regulating sidewalk vendors unless cities establish a permitting system that is consistent with the provisions of SB 946. SB 946 also requires that any restrictions placed on sidewalk vendors be directly related to objective health, safety or welfare concerns. Local jurisdictions that wish to regulate sidewalk vending are required to first adopt a program with regulations consistent with SB 946. In accordance with Council direction at the April 18, 2023 meeting, staff presents a limited term pilot program ordinance regulating sidewalk vending on certain enumerated streets surrounding Levi’s Stadium on event days.

BACKGROUND
During the past event season, the Police Department experienced a drastic increase in the number of unpermitted food and merchandise vendors within the immediate footprint of large-scale stadium events. This increase has caused several health and safety concerns which are outlined in this report.

As currently written, the City Code and regulations do not align with recently adopted State legislation related to sidewalk vending. Consequently, the City’s ability to address these health and safety concerns is limited.

Council requested additional information on this topic, including policy options to amend regulations related to street vending. On April 18, 2023 the Police Department brought forth Report to Council #23-211 (Attachment 1) that detailed the current regulatory environment including the two pieces of recently adopted legislation that shape the options to regulate street vending on sidewalks as well as in the public right-of-way (SB 946 and SB 972, Attachments 2 and 3 respectively) as well as policy options for Council consideration to better position the City to address the concerns.

At this meeting, the Council voted unanimously to approve staff recommendation #1 to prepare a temporary ordinance amendment and permit process for stadium event days that would define areas City of Santa Clara Printed on 7/14/2023Page 1 of 11
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23-726 Agenda Date: 7/18/2023
where sidewalk vending could not occur (the pilot program footprint) due to health and/or safety concerns.

DISCUSSION
As a result of the requirements under SB 946, the existing City Code provisions related to peddlers and solicitors were largely unenforceable as to such activity occurring on sidewalks and pedestrian paths. This was explained in detail in the City Attorney’s Memorandum dated January 11, 2019 (included within Attachment 1). Under the proposed pilot program, certain enforcement mechanisms will again become available within the pilot program footprint, but enforcement options outside the pilot program footprint will remain severely limited.

In order to make the pilot program enforceable, to be in compliance with SB 946, and to encourage vendor participation in the program, staff is recommending amendments to two chapters of the Santa Clara City Code, as well as modifications to the permitting process and associated business/permit fees. Each of these amendments and operational adjustments are intended for the pilot period within the stadium operating areas only and will establish new time, place, and manner restrictions within the pilot project footprint that are directly related to objective health, safety and welfare concerns.

Direction from City Council on April 18, 2023, requests staff “prepare a temporary ordinance amendment and permit process for stadium event days that would define areas where sidewalk vending should not occur
due to health and/or safety concerns, within a to-be-determined stadium footprint. The Ordinance would also contain provisions to prohibit vending in parking lots associated with the stadium event. The temporary Ordinance would be established for a pilot period of September 2023 to January 2024 to evaluate impacts. At that time, staff would return to the City Council with recommendations for implementation for the 2024 concert and NFL seasons, as well as how the Ordinance may need to be amended to apply in other areas of the City such as City parks.” Based on previous Council direction, the intent of this report is to recommend the following:
· Amendments to various sections of the Santa Clara City Code (enforcement will remain paused in all other areas of the City in the manner in which it was recommended by the City Attorney’s Office in 2019)
· A stadium footprint for Ordinance implementation
· Potential partnerships with stakeholders
· A preliminary enforcement plan
· Factors for Council consideration regarding future City-wide ordinance amendments In addition, this report will discuss the following issues:
· A plan to modify the existing permitting process and update the required forms for City of Santa Clara Printed on 7/14/2023Page 2 of 11
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23-726 Agenda Date: 7/18/2023
dissemination online
· The Police Department’s communication plan to vendors ahead of implementation and at events during the pilot period
· Partnership with other enforcement agencies such as County of Santa Clara Consumer Protection Division and California Alcoholic Beverage Control (ABC) Proposed Amendments to Chapter 5.05 and Section 9.05.165 of the City Code Staff has prepared the proposed Ordinance amendments that regulate both stationary and roaming sidewalk vendors, including revisions of time, place, and manner provisions to the extent allowed by SB 946:
· Modify Chapter 9.05.165 (prohibited activities in parking facilities adjacent to the Stadium):
subsection (m) is amended to indicate that the prohibition on peddling on the perimeter sidewalk of the stadium is subject to the terms and requirements of the pilot program · Amend Chapter 5.05 (solicitors and peddlers) to add a new Article IV governing the pilot program, which includes the following:
o Prohibition of sidewalk vending activity on specified segments of sidewalks/paths (the pilot program footprint) surrounding the Stadium for particular time periods on event days
o Outside of the restricted hours, vending activity within the pilot program footprint shall be allowed, subject to certain regulatory requirements, such as:
§ Obtaining a permit from the City
§ Proof of health permits and food handler training for sale of food or beverage § Sale of alcoholic beverages is prohibited
§ Vendors shall not operate in such a manner as to impair disability access § New administrative penalties structure
Recommended Pilot Project Footprint
With due consideration given to the Stadium Traffic Management Operations Plan (TMOP), taken together with the Police Department’s experience with vehicle traffic patterns at the Stadium, as well as event attendee tendencies to use light rail (Valley Transportation Authority/VTA, heavy rail (Caltrain), bicycle, pedicab, walk and/or other forms of transportation to Levi’s Stadium, staff is recommending the following areas where sidewalk vending should not occur due to identified health and/or safety concerns:
· Tasman Drive (from Great America Parkway to Calle de Sol) · Tasman Drive eastbound off-ramp to Star and Stripes Drive (often referred to as a slip-ramp) · Tasman Drive stairways to Stars and Stripes Drive
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· Great America Parkway (from Bunker Hill Drive to Patrick Henry Drive) · Stars and Stripes Drive (from the Tasman Drive eastbound off-ramp to Bill Walsh Way). · San Tomas Aquino Creek Trail (from Great America Parkway to Agnew Road) · Old Glory Lane east of Great America Parkway
The attached map (Attachment 4) details the recommended pilot program footprint.

In turn, the following areas have been identified as viable spaces for sidewalk vendors to conduct business on event days, subject to the regulatory requirements outlined in Chapter 5.05 of the City Code (with a modified permitting process in accordance with SB 946):
· Tasman Drive west of Great America Parkway and east of Calle de Sol · Great America Parkway north of Bunker Hill Lane and south of Patrick Henry Drive · Old Glory Lane west of Great America Parkway
· Old Ironsides Drive
See the section titled Community Stakeholder/Partnerships for added details about a coordinated approach to vendor communication and conflict, rules and regulations, booth/stall assignment and manage risks within these dedicated areas.

Health, Safety and Welfare Concerns
Based upon the Police Department’s experience with vending occurring around the Stadium on event days, the Department has determined that the restrictions set forth above are necessitated by the following health, safety and welfare concerns:
· Creating traffic congestion by customer queues extending into driving lanes, as well as disrupting bicycle and pedicab traffic
· Vending carts and customer queues restrict the ability of other pedestrians and disabled persons to pass on the sidewalk
· Inadequate waste disposal, causing potential pollution as well as increased tripping/slipping dangers in the context of a large, highly dense, pedestrian group · Location of sidewalk vending carts and the associated queues are not incorporated into the traffic management and operations plan
· Use of propane tanks on portable carts without security measures is particularly dangerous in the context of a large, highly dense, pedestrian group
· Hot greasy cook tops without structures for safety clearances and required fire extinguishing devices
· Intoxicated attendees causing fights connected with massive groups traveling through narrow pathways
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· Merchandise sales of unsafe or inappropriate items (e.g., flares) that are particularly dangerous in the context of a large, highly dense, pedestrian group · Alcohol being sold to Stadium patrons without Alcoholic Beverage Control permits, particularly in situations in which Stadium halts alcohol sales prior to the conclusion of the event for safety purposes
· Unsafe food preparation, storage, and handling practices, including lack of hand washing facilities
City-wide there are also concerns about labor / employment law violations and vulnerable populations being subject to street crimes. These concerns have and will continue to be raised with partner agencies (e.g., County of Santa Clara Consumer Protection Division) concurrent with the implementation of the pilot program if approved.

According to the proposed Ordinance, sidewalk vendors would not be permitted in the pilot project footprint from the time Tasman Drive is closed to the public (generally 1:30 a.m. on event day) through 2-hours following the conclusion of the event to be consistent with other event-specific needs or one full calendar day whichever is less.

Modified Permitting Process and Proposed City Fee and Business Tax Waivers The Police Department has several responsibilities related to the oversight of businesses regulated by City, State and Federal laws such as inspections, permits, annual renewals, investigating complaints against the businesses to ensure full compliance with the appropriate laws and regulations. As it relates to activity on Levi’s Stadium event days the regulated businesses include taxicab drivers, pedicabs, solicitors and peddlers, mobile food trucks, etc.

Each regulated business type has different requirements. Currently, a solicitor/peddler permit encompasses mobile food trucks, ice cream trucks, push carts, solicitors, peddlers, etc. Due to SB 946’s carve-out of non-motorized sidewalk vending from other types of peddler businesses, a new application will need to be drafted to take into consideration the guidelines set forth by the legislature including limitations on the personal information that may be collected. Compliance with generally applicable state laws is still required, as is compliance with the requirements of other applicable state and local agencies (such as the County Health Department).

In addition, under SB 946 basic City fees can still be required. The Adopted 2023/24 Municipal Fee Schedule rates for such fees applicable to sidewalk vendors are as follows:

Description of Fee, Rate or Charge Adopted 2023/24 Fee
Fingerprinting LiveScan rolling service fee (one-
time)
$66
City of Santa Clara Business License Tax $45 per employee Solicitor/Peddler company application $349, plus LiveScan fees Solicitor/Peddler employee application $149, inclusive of LiveScan fee Solicitor/Peddler company or employee renewal $149
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Based on the FY 23/24 fees, and how such requirements have been applied in the past, the following examples are intended to illustrate the potential costs:

Initial Process Sole Proprietor Company with Employee(s) Permit Application $349 $349 for the company, plus $149 per employee LiveScan fingerprinting $66 $66 for the owner
Business License Tax $45 $45 for the owner, plus $45 per employee TOTAL $460 $460, plus $194 per employee
Renewal Process Sole Proprietor Company with Employee(s) Application Renewal $149 $149 for the company, plus $149 per employee Business License Tax $45 $45 for the owner, plus $45 per employee TOTAL $194 $194, plus $194 per employee
*The above charges do not include any third-party fees or costs (e.g., insurance, Health Department permit etc.) that are required to obtain a City of Santa Clara Solicitor/Peddler permit For the purposes of the pilot program, staff recommends requiring all vendors that desire to operate at Stadium events to obtain applicable licenses and permits, including LiveScan background checks.

However, in order to encourage regulatory compliance, staff also recommends taking the step of waiving all City solicitor/peddler fees and taxes for such vendors during the pilot program period operating solely within the pilot program footprint.

To make the City general fund whole, Stadium Authority Staff plans to allocate $30,000 of Stadium Authority funds support this initiative. If approved, the City will waive certain solicitor/peddler fees and taxes on a first come first service basis until the $30,000 has been expended. Vendors would still be responsible for any third-party fees or costs (e.g., insurance, Health Department permit etc.) that are required to obtain a City of Santa Clara Solicitor/Peddler permit; it is not the intent of this proposal to waive or subsidize any third-party fees or costs. Vendors wishing to operate on City-wide sidewalk locations outside the pilot program footprint will still be required to pay all permitting fees and charges.

Program Implementation
A number of actions will be required in order to implement the pilot program. Key program elements include (1) a communications plan, (2) an internal enforcement plan, (3) coordination with other enforcement agencies, (4) exploration of community partnerships, and (5) information gathering and reporting. Each of these key elements are described in more detail, below.

1. Communications Plan
Following Council action, the staff will disseminate information regarding the pending changes on the following existing resources:
· City and Police Department website
· Police Department social media platforms (e.g., Facebook, GovDelivery, Instagram, Nextdoor, City of Santa Clara Printed on 7/14/2023Page 6 of 11
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· Written notice to existing sidewalk vendors with valid permits In the early phase of program implementation, staff will also create and distribute flyers in multiple languages to educate and engage sidewalk vendors on program requirements.

Similarly, staff will coordinate with Levi’s Stadium to create and post signage in multiple languages to be posted onsite according to the approved pilot program footprint.

2. Enforcement Plan
Levi’s Stadium has a Code of Conduct and an extensive security plan with an escalating scale of enforcement (e.g., guest services, private security, law enforcement) for Code of Conduct violations to ensure all guests enjoy a positive event day experience. Private security, the Santa Clara Police Department and its local, State and Federal law enforcement personnel assist with implementation of this layered security plan.

While the Police Department will be responsible for enforcement of violations of the amended Code sections, staff anticipates the sidewalk vendor management program will help mitigate many of the anticipated challenges. A progressive enforcement model will be employed, including a community- oriented approach to the initial guidelines, education and violation admonishments, followed by enforcement for non-compliance or recurring violations.

For vending violations within Stadium parking lots, the existing Levi’s Stadium Code of Conduct and associated Code sections within Chapter 9, are currently enforceable.

Staff recommends a similar progressive approach to conducting enforcement under this pilot project in the parking lots. In this case, it is recommended the approach be as follows:
· Private security (Levi’s Stadium) for violations on Stadium property or Stadium parking lots · Non-sworn personnel/Code Enforcement)
· Law Enforcement (sworn peace officer personnel)
This approach is also designed with an emphasis on initial education and violation admonishments, followed by progressive enforcement for non-compliance or recurring violations. The approach is intended to efficiently utilize staffing resources, as well as mitigate potential tension that may arise from enforcement contacts with vendors. Instead, private security and non-sworn personnel will explain the City Code, and issue warnings for violations with an opportunity to correct the violation by relocating to an area outside of the prohibited locations. Continued non-compliance could result in an administrative citation being issued.

Doing so will increase expenses, at least in the short term, associated with creating a “team” to educate sidewalk vendors on the regulations and handle enforcement. The Santa Clara Stadium Taxpayer Protection and Economic Progress Act, commonly referred to as Measure J, requires all costs related to stadium operations to be reimbursed to the City. Sidewalk vending enforcement costs in the pilot program area would be subject to repayment under Measure J.

The new statute was expressly designed by the State Legislature to decriminalize sidewalk vending.

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A violation of the pilot program ordinance is punishable only by a prescribed administrative fine penalty structure or permit revocation. Additionally, the new law requires local jurisdictions to offer an ability-to-pay determination to individuals who are issued a violation. The administrative fines for violation of the pilot program (such as vending in a prohibited area) are as follows:
· one hundred dollars ($100) for a first violation
· two hundred dollars ($200) for a second violation within one year of the first violation · five hundred dollars ($500) for each additional violation within one year of the first violation · a local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations
The violation of failing to obtain a permit is punishable by stricter penalties as follows:
· two hundred fifty dollars ($250) for a first violation · five hundred dollars ($500) for a second violation within one year of the first violation · one thousand dollars ($1,000) for each additional violation within one year of the first violation

3. Partnership with County of Santa Clara Health Department and California Alcoholic Beverage Control (ABC)
Staff feels that a key element to program success will be the engagement of other interested, law and safety enforcement agencies to assist with the effort. The two main agencies of interest are the ABC and the Santa Clara County Health Department.

ABC has enforcement authority for alcohol sales apart from SB 946. On occasion, ABC representatives will attend a stadium event to issue warnings and/or citations to anyone illegally selling alcohol or setting up a bar for alcohol sales.

Meanwhile, the Police Department will again reach out for collaboration with the County of Santa Clara for health permit and food safety enforcement. The County has much more substantial powers than the City and is not limited by SB 946. In recent years, however, County personnel resources have prevented their ability to have a presence at every Levi’s Stadium event.

Community/Stakeholder Partnerships
Leading up to and during the pilot program period, staff will also explore other possible partnerships with interested stakeholders. ManCo and neighborhood interests are key of course, but efforts will also be directed at the vendors themselves.

Recent changes in State law have enhanced the entrepreneurial spirit associated with any sidewalk vendors. As a result, partnering with our business-persons utilizing stadium events as part of their business model will be important. One example of this would be to explore the creation of an umbrella or cooperative structure within each of the approved sidewalk vending areas to bring people together with a shared goal while combating health and safety concerns to mitigate risks (e.g., ADA compliance, food-related illnesses, vendor relationships, injuries to people, damage to property, employment and labor law risks, etc.). This community-oriented approach, similar to how some farmer’s markets are operated, would bring together individuals who want to efficiently sell their City of Santa Clara Printed on 7/14/2023Page 8 of 11
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products and be part of the decision-making process in doing so. This umbrella organization could also serve as the point of contact for adjacent properties and brick and mortar businesses.

Establishment of such an entity and its charter members will take some time. As a result, staff is recommending the sidewalk vendor management be implemented as Phase 2 of this overall process.

Information Gathering and Reporting
Throughout the program, staff will be observing and gathering relevant information in order to assist staff and the Council to evaluate program successes, failures, and possible improvements. Types of information to be gathered and reported out at the end of the process shall include, at a minimum, the following:
· Number of vending permits issued and fee waivers issued · Number of vending permits denied or revoked
· Number of written warnings and citations issued as well as the administrative fines collected · Expenses to implement the permit program and conduct enforcement of the regulations · Proposed changes to the pilot project footprint, City Code, and other regulations as a result of the pilot program experiences
· Discussion of potential costs associated with a longer-term program Next Steps
Pending Council approval of the staff recommendation, a second reading of the Ordinance will take place at the August 22, 2023 Council meeting. If the ordinance is adopted on August 22, 2023, it will become effective with initial enforcement efforts commencing upon the effectiveness of the ordinance 30 days thereafter. Doing so, allows for communications and permitting compliance efforts during the pre-season NFL games with the program going “live” as early in the regular season as possible.

The pilot program will continue through January 2024. Staff intends to report to the Council on the progress of the program, and to provide a full report at the conclusion of the program (estimated Spring 2024). At that time, staff may offer further Ordinance amendments to modify or extend the program with respect to Stadium events, and/or to expand the program into other areas of the City, including but not limited to, City parks.

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 governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There will be Police Department and Community Development staff time associated with implementing and enforcing new permit requirements for sidewalk vendors, establishing a sidewalk vendor management program and developing a communication plan to vendors ahead of implementation and at events during the pilot period. The most significant impact from a staffing perspective will be conducting enforcement on Levi’s Stadium event days. At this time, there are approximately 8 major events scheduled at Levi’s Stadium during the pilot program; additional event (s) may be added through January 2024.

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The staff recommendation includes requesting up to $30,000 in Stadium Authority funds to support the permitting initiative. This should make the City general fund whole with respect to any waived fee or tax amounts. This funding proposal will be administered by the Stadium Authority Executive Director out of existing Stadium Authority funds. If a Stadium Authority appropriation is required, a budget amendment will brought back to the Stadium Authority for its consideration and approval at the next scheduled Stadium Authority meeting.

The Stadium Manager has advised that Stadium will enforce vending regulations on Stadium grounds and parking lots. As such the Stadium Manager will be handling signage, and the corresponding costs on Stadium grounds and parking lot and will produce signs for public right-of- way (ROW) as appropriate.

COORDINATION
This report was coordinated with the Community Development Department, Parks and Recreation Department, Police Department, City Attorney’s Office, and City Manager’s Office.

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 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.

Concurrent with the adoption this Ordinance, Stadium Manager plans to implement a companion program on Stadium grounds and in stadium parking lots. City staff and Stadium Manager will coordinate efforts to communicate with vendors about the implementation of the new stadium rules and the boundaries of the pilot program on City ROW.

RECOMMENDATION

1. Waive first reading and approve introduction of an ordinance amending Chapter 5.05 (Solicitors and Peddlers) and Section 9.05.165 (Activities and Conduct Prohibited in Parking Facilities Adjacent to the Stadium or Parking Facilities Used for Stadium Events) of the Santa Clara City Code to Create a Limited-Term Pilot Project Regulating Vending Upon Certain Public Sidewalks and Pedestrian Paths Surrounding Levi’s Stadium on Event Days Pursuant to SB 946; and,

2. Waive fees and taxes for all required City business licenses and permits, for qualified sidewalk vendors operating at stadium events during the pilot program period (September 21, 2023 through January 31, 2024) on a first come first serve basis in an amount not to exceed $30,000; and authorize the City Manager to develop administrative guidelines to implement the fee waiver program.

Reviewed by: Pat Nikolai, Chief of Police
Approved by: Jōvan D. Grogan, City Manager

ATTACHMENTS

1. Report to Council 23-211 from the April 18, 2023 City Council meeting, with attachments City of Santa Clara Printed on 7/14/2023Page 10 of 11
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2. Senate Bill 946

3. Senate Bill 972

4. Proposed Ordinance

5. Pilot Program Map
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-211 Agenda Date: 4/18/2023

REPORT TO COUNCIL

SUBJECT
Action on Policy Options to Amend Regulations Related to Street Vending Activities in the City of Santa Clara

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure Enhance Community Engagement and Transparency

BACKGROUND
Mr. Gibbins, owner of The Hot Dog Dude, operates a sidewalk vending business on the 5000 block of Stars and Stripes Drive near Levi’s Stadium. Mr. Gibbins has attended Council meetings on multiple occasions to express concerns regarding the sidewalk vending that is occurring during events at Levi’s Stadium. From his perspective, it appears that there are several unpermitted vendors conducting business on event days. It is also his belief that a lack of permitting enforcement is having a negative financial impact to his business and he has requested assistance from the City.

During the past event season, the Police Department experienced a drastic increase in the number of unpermitted food and merchandise vendors within the immediate footprint of large-scale stadium events. This increase has caused several health and safety concerns which are outlined below.

As currently written, the City Code and regulations do not align with recently adopted State legislation related to sidewalk vending. Consequently, the City’s ability to address these health and safety concerns or the issues raised by Mr. Gibbins is constrained.

The purpose of this report is to provide the City Council with an overview of the current regulatory environment including the two pieces of recently adopted legislation that shape the options to regulate street vending on sidewalks as well as in the public right-of-way. In addition, this report provides policy options for the Council to consider that will, hopefully, better position the City to address the concerns raised by Mr. Gibbins as well as the health and safety concerns that have been identified by staff.

DISCUSSION
Definition of Sidewalk Vending
Pursuant to Senate Bill 946, a “sidewalk vendor” is defined as a person who sells food or merchandise on a public sidewalk or other pedestrian path with a non-motorized conveyance (e.g., pushcart, stand, display, pedal driven cart, wagon, showcase, rack, etc.). A sidewalk vendor can be either roaming or stationary.

Recent Legislation - Senate Bill 946
On September 17, 2018, the Governor approved Senate Bill 946 (Attachment 1) referred to as the City of Santa Clara Printed on 4/13/2023Page 1 of 7
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“Safe Sidewalk Vending Act”, which imposes restrictions on the manner in which a local agency may regulate and enforce sidewalk vending within its jurisdiction by ordinance (these restrictions are commonly referred to as “time, place and manner” restrictions). This new law went into effect on January 1, 2019 and addresses sidewalk vending in four contexts: (1) generally, (2) in parks, (3) within the vicinity of farmers’ markets and swap meets, and (4) within temporary special permit areas.

The City Attorney’s Office issued a memo on January 11, 2019 to the Chief of Police and Director of Parks and Recreation addressing SB 946 and its impact on various portions of the City Code (Attachment 2). With the passage of SB 946, certain noted portions of the City’s existing Code became unenforceable or require modifications to reflect the intent of SB 946, including:
· Chapter 5.05 regulates door-to-door and place-to-place peddling and solicitation. The City Code makes a distinction between sales for immediate delivery (peddling) and for future delivery (solicitation), but SB 946 does not. Under Article I, peddlers and solicitors must obtain a permit for “peddling activities.” To obtain a permit, vendors are required to submit an application with personal identifying information, criminal history, fingerprints, County health inspections, pay fees and wear City-issued identification. In addition, Article II regulates solicitation from vehicles and mobile units, including but not limited to prohibiting selling or peddling of any articles at any place on any public street, sidewalk, right-of-way, public park or other public space for a period of time exceeding ten minutes within any two-hour period or within 500 feet of a school property.
· Chapter 12.05 restricts a person from obstructing sidewalks from the free passage of pedestrians, including doing so by annoying or molesting persons passing by. It does not provide any exception for those selling, or attempting to sell, food or merchandise. · Title 9 prohibits individuals from bringing into “any portion of the parking areas” around the Stadium, and “perimeter sidewalk,” any food, goods or merchandise “for the purposes of sale or barter”.
· In addition, the City Code contains sections addressing enforcement, including the discretion to prosecute violation of code with civil, criminal or administrative penalties (§§ 1.05.070,

5.100.010), which are specifically preempted by SB 946.

Prior to the adoption of SB 946, local agencies (including cities and County Health Departments) could confiscate a vendor cart if health violations were committed, had prosecutorial discretion to enforce by issuing administrative or misdemeanor citations and could revoke a vendor permit after four (4) repeat offenses.

Under SB 946, criminal penalties are prohibited and administrative fines are limited pursuant to an “ability to pay” determination that reduces fines to 20% of the full fine if the violator earns less than 125% of the federal poverty line or receives certain means-tested government benefits. While a regulatory agency retains the right to revoke a permit under SB 946, a violator may be offered community service in lieu of the payment of fines and local agencies can either waive fines or make offers of alternative disposition.

A regulatory agency cannot require:

1. A vendor to operate within specific parts of the public right-of-way.

2. A vendor to obtain consent or approval from any non-governmental entity or individual before City of Santa Clara Printed on 4/13/2023Page 2 of 7
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he/she can sell food or merchandise.

3. A vendor to operate only in designated neighborhoods or areas. Stationary vendors can be prohibited in exclusively residential zones; or

4. Restrict the total number of vendors permitted to operate with a local jurisdiction.

The only exceptions to these restrictions are if there are “directly-related, objective health, safety or welfare concerns”. If these exceptions exist, local agenciesmay adopt requirements regulating time, place and manner restrictions including, but not limited to:
· Limitations on the hours of operation (so long as they are not unduly restrictive) · Requirements to maintain sanitary conditions
· Requirements necessary to ensure compliance with the federal Americans with Disabilities Act and other disability access standards
· Requirements to obtain a permit for sidewalk vending and a valid business license · Requirements to possess a valid California Department of Tax and Fee Administration seller’s permit
· Requirements for mitigation for littering or dumping
· Requirements for compliance with other generally applicable laws · Requirements to submit certain information on his or her operations · Prohibition of stationary sidewalk vendors in areas zoned for only residential uses SB 946 separately addresses regulation of sidewalk vending in parks owned or operated by a local authority. Local authorities cannot prohibit a vendor from selling food or merchandise in a park; except when there is a signed concession agreement that provides exclusive rights for the sale of food or merchandise. In this case, stationary vendors can be prohibited. In addition to the exceptions related to health and safety, local authorities may also impose restrictions necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities as well as restrictions necessary to prevent undue concentration of commercial activity that would unreasonably interfere with the scenic and natural character of the park.

With respect to sidewalk vending at Farmer’s Markets and/or Swap Meets, a local authority may prohibit vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet.

The final area affected by SB 946 relates to “temporary special permit areas”. A temporary special permit is a “permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area”. This includes but is not limited to: 1) an encroachment permit; 2) a special event permit; or 3) a temporary event permit for purposes including but not limited to filming, parades or outdoor concerts. In this instance, a local authority may restrict vendors in the immediate vicinity of an area designated for a temporary special permit for the duration of the temporary permit.

Recent Legislation - Senate Bill 972
On January 1, 2023, Senate Bill 972 also went into effect (Attachment 3). SB 972 amends the California Retail Food Code to allow for non-potentially hazardous foods prepared in a cottage food operation to be served from a mobile food facility (such as a cart, wagon, rack, or other non- motorized conveyance). The code requires that these facilities meet certain health and safety standards. Mobile food operation with less than 25 square feet of display area or that sell only City of Santa Clara Printed on 4/13/2023Page 3 of 7
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prepackaged, non-potentially hazardous foods or whole uncooked food are exempt. Moreover, this legislation requires that local agencies establish pre-approved standard plans for facilities intended to serve as compact mobile food operation. Plans for individual units are not be required. Facilities with non-conforming structural conditions would be approved if those conditions do not pose a public health hazard. While facilities require a valid permit, this bill reduces the fees that can be collected, and violations can only be punishable by administrative fine.

Like the provisions in SB 946, fines are subject to the “ability to pay” determination and can be reduced or waived. If eligible for a reduction, the fine collected cannot exceed 20% of the full cost of the administrative fine. While the California Constitution requires the state to reimburse local agencies for certain costs mandated by the State, this bill eliminates the requirement for reimbursement.

Health and Safety Concerns
In addition to the need to align to State law, staff has identified a number of health and safety concerns associated with vendors on sidewalks, public right-of-way, in City parks, and on private property (e.g., parking lots) that should also be addressed. These concerns include:
· Unsafe food preparation and handling practices
· Inadequate waste disposal
· Traffic congestion
· Encroachment of public spaces and restricted access to sidewalks and public right of way · Vulnerable populations subjected to street crimes
· Labor / employment law violations
The area around Levi’s Stadium is particularly sensitive given the number and size of major events, the impact to surrounding neighborhoods and the inherent opportunities to attract a large volume of vendors. Additional concerns include:
· Location of sidewalk vendors not incorporated into the City’s emergency evacuation plan or traffic management plan
· Propane tanks that could endanger the public if ignited in highly populated areas · Hot greasy cook tops without structures for safety clearances and required fire extinguishing devices
· Massive groups congregating, particularly near gates, bridges, parking lots, crosswalks, sidewalks, etc.

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· Lines causing people to interrupt ADA paths and pedestrian, bicyclist and pedicab traffic · Intoxicated attendees causing fights connected with massive groups traveling through narrow pathways
· Sizeable amounts of cash being exchanged and the potential for crime · Sanitary issues, including but not limited to garbage, access to water for hand washing, etc. · Merchandise sales of counterfeit, unsafe or inappropriate items (e.g., flares) · Alcohol being sold without Alcoholic Beverage Control permits · Concerns of legitimate employment practices
Policy Options
The concerns expressed by Mr. Gibbins are indicative of a larger policy discussion regarding the City’s interest in regulating street vending. As noted above, there are a variety of health and safety concerns that should be considered - especially in the area around Levi Stadium. Moreover, the State legislation has resulted in a City Code regulatory environment that is not enforceable as currently written, and therefore, requires modification.

To that end, staff is seeking policy direction from the Council on three (3) possible alternatives:

1. Prepare a temporary ordinance amendment and permit process for stadium event days that would define areas where sidewalk vending could not occur due to health and/or safety
concerns, within a to-be-determined stadium footprint. The Ordinance would also contain provisions to prohibit vending in parking lots associated with the stadium event. The temporary Ordinance would be established for a pilot period of August 2023 to January 2024 to evaluate impacts. At that time, the Police Department would return to the City Council with recommendations for implementation for the 2024 concert and NFL seasons, as well as how the Ordinance may need to be amended to apply in other areas of the City such as City parks.

Pros
: Addresses health and safety concerns along sidewalks and public right of way as well as in parking lots surrounding the Stadium. May provide greater disbursement of sidewalk vendors within the defined footprint. Defines area for ease of enforcement and establishes a safety perimeter to ensure access in the event of evacuation or other safety measures.

Complies with SB 946.

Cons
: Does not address sidewalk vending in other parts of the City including City parks.

2. Direct staff to develop an Ordinance amendment to address sidewalk vending City-wide to align City Code with current sidewalk vending legislation. In this scenario, vending would be regulated and enforced throughout all areas of the City.

Pros:

Allows for a comprehensive approach to the health and safety issues related to sidewalk City of Santa Clara Printed on 4/13/2023Page 5 of 7
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vending across the City.

Cons: Given the complexity of a citywide approach, it is unlikely that a comprehensive amendment can be completed prior to the 2023 concert and NFL season. Implementation will have a significant impact on City Department workloads, especially the Police and Parks and Recreation Departments.

3. Direct staff to eliminate all unenforceable City Code sections related to sidewalk vending (and include minor modifications to enforceable provisions of the code as necessary), but generally defer to State law on the matter, without any meaningful local controls .

Pros: Complies with SB 946 and 972.

Cons: Does not address health and safety concerns or address Mr. Gibbins’ concerns related to the lack of enforcement of unpermitted vendors and negative financial impact.

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 governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
There is no fiscal impact related to this report. Depending on the option selected by Council, there will be costs associated with the design and implementation of a permitting process, enforcement, on -going communication with vendors, etc. Staff will return with those estimated costs based on the Council’s direction on a preferred option.

COORDINATION
This report was coordinated with the Parks and Recreation Department, Police Department, City Attorney’s Office, and City Manager’s Office

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 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.

RECOMMENDATION
Direct staff to proceed with Option #1 (pilot program in the area of Levi’s Stadium from August 2023 through January 2024, with the Police Department returning to City Council with recommendations for implementation for the 2024 concert and NFL seasons, as well as how the Ordinance may need to be amended to apply in other areas of the City, such as City parks).

Reviewed by: Pat Nikolai, Chief of Police
Approved by: Office of the City Manager
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23-211 Agenda Date: 4/18/2023

ATTACHMENTS

1. Senate Bill 946

2. City Attorney’s Memorandum dated January 11, 2019

3. Senate Bill 972

4. City Code Section 3.40

5. City Code Section 5.05

6. City Code Section 8.10

7. City Code Section 12.05

8. City Code Title 9
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City Attorney’s Office
Legal Memorandum
Date: January 11, 2019
To: Chief of Police
Director of Parks & Recreation
From: John Belisle, Deputy City Attorney
Subject: SB 946 Sidewalk Vendors

Question Presented

What effect does the legislature’s passage of SB 946 have on the enforcement of City Code sections regarding sidewalks and public rights of way, including in Chapters 8.10, 5.05, and 3.40?

Short Answer

SB 946 both (a) restricts the time, place and manner of regulations targeting individuals who sell food or merchandise on public sidewalks in and in parks, and (b) decriminalizes all violations, which has the following consequences:

1. Select sections of City Code must be revised, including sections restricting the time, place and manner of peddler/solicitor’s activities on public rights-of-way and in parks, and those sections authorizing criminal enforcement and amounts of fines (See chart below).

2. The Police Department can no longer cite sidewalk vendors under Chapter 5.05 for infractions and misdemeanors. The City’s enforcement is limited to administrative penalties.

3. The City must seek dismissal of all pending applicable criminal prosecutions, if any are pending.

Background
a. Description of the New Law

SB 946 decriminalizes and establishes requirements for local agencies to regulate sidewalk vendors.

The general legislative intent is to “to promote entrepreneurship and support immigrant and low-income communities,” and to respond to federal procedures for enforcing immigration laws against those convicted of a crime. A sidewalk vendor is defined as a person who “sells food or merchandise” upon a “public sidewalk or other pedestrian path,” by “non-motorized conveyance or from their person,” including while “roaming” and/or “stationary.” It was chaptered on September 17, 2018, and is codified as Government Code sections 51036 – 51039.

Under Section 51038, a city cannot:
1) Specify where within a public right of way a vendor can operate, unless it is related to health, safety or welfare (“HSW”) concerns. ((b)(1))
2) Prohibit a vendor from operating within a city park, unless the vendor is stationary and the city has granted an exclusive permit to a concessionaire. ((b)(2)(A).) But, the city can regulate time, place and manner of sales, if the regulations are related to HSW , the use and enjoyment of the park, and/or to prevent undue concentration of commercial activity. ((b)(2)(B).) 3) Require a vendor to obtain consent or approval from a nongovernmental entity (i.e., nearby restaurant) before the vendor operates. ((b)(3).)
City of
Santa Clara
The Center of What's Possible
SB 946 Sidewalk Vendors
January 11, 2019

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