Planning Commission Staff Report of October 11, 2023 — City Council and Authorities Concurrent, December 5, 2023

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1049 Agenda Date: 10/11/2023

REPORT TO PLANNING COMMISSION

SUBJECT
Action on a Vesting Tentative Subdivision Map for 22 Townhouse Units at 3378-3386 El Camino Real

REPORT IN BRIEF
Applicant: Lynn Wang, VeGuard USA LLC
Owner: VeGuard USA LLC
General Plan: Community Mixed Use
Zoning: Thoroughfare Commercial (CT)
Site Area: 0.88 acres
Existing Site Conditions: A single-story commercial building with surface parking.

Surrounding Land Uses:

North: El Camino Real
South: Multi-family apartment complex
East: Used car dealership
West: Four story mixed-use development under construction Issues: Consistency with the City’s General Plan and conformance with the Subdivision Map Act.

Staff Recommendation: Approve the Vesting Tentative Subdivision Map for 22 Townhouse Units at 3378-3386 El Camino Real, subject to findings and conditions of approval.

BACKGROUND
The Applicant, VeGuard USA LLC, requests approval of a Vesting Tentative Subdivision Map (File No. PLN23-00024) to allow the subdivision of a 0.88 acre parcel (APN: 290-02-102) to accommodate a project with 22 townhouse units, vehicular driveways, required parking, and common and private open spaces. The subject site is currently occupied with a one-story vacant commercial building and surface parking.

The project received architectural review approval (File No. PLN22-00304) at a Development Review Hearing (DRH) on August 16, 2023. The project utilizes Assembly Bill (AB) 3194 (2018), and therefore does not require rezoning. Instead, the project was found to comply with the objective standards of the Mixed Use Combining (MU) zoning district, which allows for a density range of 19-25 dwelling units per acre and is consistent with the site’s Community Mixed Use General Plan land use designation.

Planning Commission review and a recommendation to the City Council are required under Santa Clara City Code (SCCC) section 17.05.300(g) for Subdivision Map applications. Vesting Tentative Maps are ultimately approved by the City Council.

City of Santa Clara Printed on 10/5/2023Page 1 of 4
powered by Legistar™
23-1049 Agenda Date: 10/11/2023
Project Summary
The site is zoned Thoroughfare Commercial (CT) and has a General Plan Land Use Designation of Community Mixed Use that allows for a residential density of 20 to 36 dwelling units per acre. It is also within the El Camino Real Focus Area as identified in the General Plan. Per State Law (AB 3194), even though the project is inconsistent with the existing CT zoning designation, the project may proceed without rezoning provided that it complies with the City’s General Plan density range.

The project density will be 25 dwelling units per acre and consist of 22 for-sale units. This includes three units (13.6% of the total units) which will be income restricted for sale at a moderate level of affordability (100% of Area Median Income) and paying an in-lieu fee for an additional fractional amount to be consistent with the City’s 15% affordable housing requirement. To sell each unit separately, the applicants must receive approval of the Vesting Tentative Map.

DISCUSSION
Vesting Tentative Subdivision Map applications are reviewed for consistency with the General Plan and Zoning Code and for conformance with the Subdivision Map Act.

Because the site has already received architectural review approval, the Vesting Tentative Map must be consistent with that approval, as well as certain applicable zoning requirements. The Architectural Review (File No. PLN22-00304) of the 22-unit development on the subject site was approved at the DRH on August 16, 2023. The project proponents utilized the provisions of AB 3194, which provides that if a project site has a zoning designation that is inconsistent with the General Plan, a project will nevertheless be in compliance with the zoning through conformity to the objective standards of a zoning district that is consistent with the site’s General Plan land use designation. At the DRH, the City made findings that the project is consistent with the objective standards of the MU zoning district, which is consistent with the Community Mixed Use General Plan designation. The project does not meet one of the development standards of the MU zone, rear setback, but the project is entitled to one exception from development standards under State density bonus law.

The Subdivision Map Act requires that all subdivision maps be consistent with the General Plan, Government Code § 66474(a). The Architectural Review approval determined that the project was consistent with the General Plan. The staff report for the DRH on August 16, 2023 is provided as Attachment 3 for reference.

The proposed subdivision is consistent with the approved site plan, improvements, private street, surface parking, landscape open space areas, and associated utilities on the project site for the development of 22 townhouse units as set forth in File No. PLN22-00304, and consistent with the applicable provisions of the Zoning Code and General Plan.

The proposed Vesting Tentative Subdivision Map was reviewed by the City’s Subdivision Clearance Committee and determined to be complete and in conformance with the Subdivision Map Act on June 27, 2023. Staff confirmed that the proposed subdivision is consistent with the General Plan and zoning designations for the property, Building Code, or other applicable requirements.

Findings for approval are provided in Attachment 1. Conditions of Approval have been prepared and are provided as Attachment 2.

City of Santa Clara Printed on 10/5/2023Page 2 of 4
powered by Legistar™
23-1049 Agenda Date: 10/11/2023

ENVIRONMENTAL REVIEW
An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared for the project in accordance with the California Environmental Quality Act (CEQA) to address the potential environmental impacts of the project. The IS did not find any substantial evidence that the project will have a significant effect on the environment after implementation of required mitigation measures.

The MND and Notice of Availability were posted on the City’s website and were circulated for 30-day public review on July 3, 2023 and was approved at the DRH on August 16, 2023, a publicly noticed meeting.

The proposed Vesting Tentative Subdivision Map is consistent with the approved MND and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact.

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense for the processing of this application.

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

PUBLIC CONTACT
On September 27, 2023, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on September 28, 2023, a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 500 feet of the project site. At the time of this report, the Planning staff has not received any public comments regarding the Tentative Map. Public comments received at the time of architectural approval and the IS/MND are included with the DRH staff report Public contact was also made by posting the Commission 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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Recommend that the City Council find that the proposed subdivision is within the scope of the adopted Mitigated Negative Declaration (MND) prepared for the project and no further analysis is required.

2. Adopt a resolution to recommend the City Council approve the Vesting Tentative Subdivision Map to subdivide the parcel (290-02-102) with 22 Townhouse Units at 3378-3386 El Camino Real, subject to findings and conditions of approval.

Prepared by: Nimisha Agrawal, Senior Planner
City of Santa Clara Printed on 10/5/2023Page 3 of 4
powered by Legistar™
23-1049 Agenda Date: 10/11/2023
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager

ATTACHMENTS

1. Resolution Recommending Council Approval of the Vesting Tentative Subdivision Map

2. Conditions of Vesting Tentative Subdivision Map Approval

3. DRH Staff Report 08.16.23

4. Vesting Tentative Subdivision Map
City of Santa Clara Printed on 10/5/2023Page 4 of 4
powered by Legistar™

Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Page 1 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19

RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA , CALIFORNIA RECOMMENDING

THAT THE CITY COUN CIL APPROVE A VESTING TENTATIVE
SUBDIVISION MAP (PLN23-00024) AT 3378-3386 El CAMINO

REAL, SANTA CLARA

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

WHEREAS, on January 12, 2022, VeGuard USA LLC (“Applicant”) (“Property Owners”) filed an application (PLN23-00024) to develop the 0.88 acres city owned parcel, located at 3378-3386 El Camino Real (“Project Site”) with 22 townhouse units;
WHEREAS, on August 16 , 202 3, the Architectural Review (PLN22-00304) to construct 22 townhome units utilizing Assembly Bill (AB ) 3194 (2018) was approved at the Development Review Hearing (DRH);
WHEREAS, the application (PLN23-00024) is for a Vesting Tentative Subdivision Map to subdivide the parcel into 22 for-sale townhouse units, driveway, required parking, common and private open spaces, and a common parcel to serve the development; WHEREAS, the pr oposed subdivision is consistent with the approved site plan and improvements on the Project Site for the development of 22 townhouse unit arrangement with surface parking, landscaped open space areas, and associated utilities as approved on August 16, 2023;
WHEREAS, pursuant to Section 17.05.210 of the Code of the City of Santa Clara (“SCCC”), a Tentative Subdivision Map shall be required for all divisions of land into five or more parcels; WHEREAS, on June 27 , 2023 , the Subdivision Cle arance Committee determined that the application was complete and that the proposed Vesting Ten tative Subdivision Map should proceed to the Planning Commission in conformance with Section 17.05.300 of the SCCC;

Resolution/ 3378-3386 El Camino Real - Vesting Tentative Subdivision Map Page 2 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19

WHEREAS, SCCC Section 17.05.300(g) requires t hat the Planning Commission make recommendations of denial, approval or conditional approval to the City Council on the Tentative Subdivision Map;
WHEREAS, the proposal is to create 22 for-sale townhouse units with common areas to serve the development (“Project” ) as s hown o n th e Vesting Tentative Subdivision Map , attached hereto and incorporated herein by this reference;
WHEREAS, a Mitigated Negative Declaration was prepared in accordance with State CEQA Guidelines to address the potential environmental impacts of the project, and was adopted at the Development Review Hearing on August 16, 2023, at a publicly noticed meeting; WHEREAS, the proposed Vesting Tentative Subdivision Map is consistent with the previously approved Project (Architectural Review approval) and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact; WHEREAS, on September 28, 2023, notices of the public hearing on the Vesting Tentative Subdivision Map w ere posted within 300 feet of th e Pro ject Site and mailed to all property owners within 500 feet of the property, according to the most recent Assessor’s roll; WHEREAS, a notice of the public hearing was published in The Weekly, a newspaper of general c irculation, on September 27, 2023 for the Planning Commission Hearing to be conducted on October 11, 2023; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 11, 2023, at which time all interested persons were given an opportunity to provide testim ony a nd th e Commission considered the information presented in the Staff Report, and all verbal and written evidence.

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.

Resolution/ 3378-3386 El Camino Re - Vesting Tentative Subdivision Map Page 3 of 5 Rev. Rev: 11/22/17

2. Vesting Tentative Subdivision Map Findings. Pursuant to California Government Code Sections 66426 and 66428 and SCCC Section 17.05.300(h), the Pla nning Commission finds and determines that:

A. The Vesting Tentative Subdivision Map is consistent with t he objectives, policies, general land uses and programs specified in the City’s General Plan in that the Vesting Tentative Subdivision Map subdivides the ex isting 0.88 acre Project Site into 22 for -sale townhouse units to effectuate the previously approved residential development of 22 townhouse units, driveway, required parking, common and private open spaces , and a common parcel to serve the developmen t with sha red m aintenance o f the building and public and private site improvements compatible with nei ghboring residential developments to the west and t o the south, and the commercial uses to the east and across the street from El Camino Real to the north of the pr oject site, subject to conditions set fort h in the Cond itions of Vesting Tentative Subdivision Map Approval, attached hereto and incorporated by this reference.

B. The design and improvements of the proposed subdivision are consistent with th e City’s G eneral Plan, in that the Vesting Tentative Subdivision Ma p facilitates development of affordable housing stock and construction of ownership housing opportunities for the community; and furthermore complies with General Plan Land Use and Transiti onal Goals and Polices of the General Plan in that i t transforms th e vacant lot to a medium density residential development that would transition in scale and intensity of use with existing and planned land uses; and is in proximity to transit with multi -modal conne ctions to local and regional transit service to support transit ridership and reduce vehicle miles traveled.

C. The site is physically suitable for the proposed type of development, in that the Project is compatible with the existing adjacent commercial and residential uses.

D. The site is phys ically suitable for the proposed intensity of development, in that the Project Site is located in an urbanized area a nd is served by existing utilities and infrastructure.

Resolution/ 3378-3386 El Camino Re - Vesting Tentative Subdivision Map Page 4 of 5 Rev. Rev: 11/22/17
E. The design of the subdivision and type of improvements are not likely to cause serious health problems, in that the proposed residential subdivision will implement Covenants Conditions and Restr ictions for operation and maintenance of the building and site improvements and does not propose the use of hazardous materials.

F. The design of the subdivision and type of improvements are not likely to cause substantial environmental damage and will not substantially or unavoidably injure fish or wildlife or their habitat in that the Project Site is located in an urbanized setting, is a developed site, and the proposed subdivision includes mitigation measures, as identified in the Mitigated Negative Declaration, that will reduce impacts to less-than-significant levels.

G. The design of the subdivision and type of improvements will no t conflict with easements acquired by the public at large or use of property within the proposed subdivision in that it is designed to avoid encroachment and conflicts with public easements in the site design.

H. The Tentative Subdivision Map provides, to the extent feasible, for future passive or natural heating or cooling opportunities, in that it would allow flexibil ity in the development standards to maximize the benefits of green building standards for site and building design.

3. Based on the findi ngs set forth in this Resolution and the evidence in the Staff Report and such other evidence as received at the publ ic hearings on this matter before the Planning Commission, the Planning Commission hereby recommends approval of the Vesting Tentative Subdivision Map to the City Council, substantially in the form on file as shown on the attached Vesting Tentative Subdivi sion Map and Conditions of Vesting Tentative Subdivision Map Approval, hereby incorporated by this reference.

Resolution/ 3378-3386 El Camino Re - Vesting Tentative Subdivision Map Page 5 of 5 Rev. Rev: 11/22/17

4. 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 REGULAR ME ETING THEREOF HELD ON THE 11TH DAY OF OCTOBER 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. Vesting Tentative Subdivision Map

2. Conditions of Vesting Tentative Subdivision Map Approval

________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission October 11, 2023 PLN23-00024

CONDITIONS OF VESTING TENTATIVE SUBDIVISION MAP 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

The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
a) Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.

BD2. 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.

BD3. 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:
________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
• 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.

BD4. 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 (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' 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.
• 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.

BD5. 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.

BD6. 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.

BD7. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.

BD8. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code. • Chp. 15.36 – Energy Code for “all electric” provisions for new construction. ________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
• Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.

PLANNING DIVISION
P1. The project shall comply with the Conditions of Architectural Review approvals (PLN22-00304) and the mitigation measures identified in the IS/MND prepared for the project.

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.

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

E3. Submit public improvement/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. All work within State right-of-way shall require a Caltrans encroachment permit.

E5. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E6. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

E7. Dedicate required on-site easements for any new public utilities, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development and pay all fees.

E8. 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.

E9. Obtain City Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction. Vacate electric easement Book of Records 4375 Page 229 as required.

E10. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the ________________________________________________________________________________ 3378-3386 El Camino Real- Tentative Map Planning Commission September 20, 2023 PLN23-00024
Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees. Subdivision map shall be recorded prior to building permit issuance.

WATER & SEWER
W1. Related Approvals: Applicant shall comply with all related City approvals, entitlements, permits, or requirements associated with the subject property, unless explicitly superseded or revised by the Director of Water and Sewer Utilities.

W2. Separate Services: Applicant shall provide separate water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way services for each parcel 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. Services cannot cross a different parcel than the one it serves. No parcel shall be created that requires an easement from an adjacent parcel in order to be served. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W3. 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.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-760 Agenda Date: 8/16/2023

REPORT TO DEVELOPMENT REVIEW HEARING

SUBJECT
Adoption of a Mitigated Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and Action on Architectural Review for the Demolition of an Existing Commercial Building and the Construction of 22 Townhouse Units in Four, Three-Story Buildings Consistent with Assembly Bill (AB) 3194 Located at 3378-3386 El Camino Real
File No.(s): PLN22-00304
Location: 3378-3386 El Camino Real, an approximately 0.88-acre parcel located on the south side of El Camino Real, between Flora Vista Avenue and Pomeroy Avenue; APN: 290- 02-102; the property is zoned Thoroughfare Commercial (CT).

Applicant: Lynn Wang, VeGuard USA LLC
Owner: VeGuard USA LLC
Request: Adoption of a Mitigated Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) and action on Architectural Review for the demolition of an existing commercial building and the construction of 22 townhouse units in four, three-story buildings consistent with AB 3194 located at 3378-3386 El Camino Real Project Data
The Project Data Table is included as Attachment 1.

Points for Consideration
Summary
· The 0.88-acre project site (site) is bounded by El Camino Real to the north, a used car dealership to the east, a multi-family apartment complex to the south, and a mixed-use development (File No. PLN2017-12578) that will be four stories tall currently under construction to the west. The site currently includes an approximately 8,559 square foot one- story commercial building that will be demolished to construct the project. · The site is zoned Thoroughfare Commercial (CT) and has a General Plan Land Use Designation of Community Mixed Use that allows for a residential density of 20 to 36 dwelling units per acre. It is within the El Camino Real Focus Area. · The request is submitted pursuant to Santa Clara City Code (SCCC) Section 18.76.020(c)(3) for new multi-family developments.
· The project utilizes Assembly Bill (AB) 3194, and therefore does not require rezoning. Instead, the project would be required to comply with the objective standards of the Mixed Use Combining (MU) zoning district, which allows for a density range of 19-25 dwelling units per acre and is consistent with the General Plan designation for the site.

City of Santa Clara Printed on 8/9/2023Page 1 of 5
powered by Legistar™
23-760 Agenda Date: 8/16/2023
· Under AB3194, the project must comply with the General Plan density range. The project proposes a density of 25 dwelling units per acre. The project will construct 22 for-sale units.

This includes three units (13.6% of the total units) at a moderate level of affordability and paying an in-lieu fee for the fractional amount to be consistent with the City’s 15% affordable housing requirement.
· The project utilizes an incentive under the density bonus law, Government Code Section 65915, and provide a rear setback of only 10 feet, where 20 feet is required in the MU zoning district.
· Applicant submitted a draft Transportation Demand Management (TDM) plan to reduce Vehicle Miles Travelled (VMT) by 20 percent with a 10 percent reduction through active TDM measures in alignment with the City’s Climate Action Plan (2022). · The applicant submitted a Tentative Map to allow a subdivision of the units to sell individually and that will be processed following the Architectural Review approval at the Development Review Hearing.
· A neighborhood notice was distributed within a 500-foot radius of the subject site for this project review.

Building Design
· The project involves the development of 22 units, totaling approximately 40,149 square feet distributed into four townhouse buildings. The maximum height of each of the buildings would be 38 feet (three-stories).
· The project is designed in Spanish architectural style, using a mix of exterior materials including light sand finish stucco, Mahogany cementitious panels, decorative wooden railings, dark bronze vinyl windows, metal elements, decorative tile and a Spanish ‘S’ tile roofing. · Each building is perpendicular to El Camino Real. Residential entries are mostly oriented towards private walkways and a central paseo that leads to the public sidewalk on El Camino Real. End units fronting El Camino Real have entries that face the street. Residential development should include front doors, windows, stoops, porches, and bay windows or balconies along street frontages, consistent with the El Camino Real Focus Area. · There are a variety of unit sizes- 1 two-bedroom unit and 7 three-bedroom units, and 14 four- bedroom unit. Units range in size from 1,876 square feet to 2,479 square feet (including garages).

Open Space and Landscaping
· The project provides approximately 9,887 square feet of common open space including a central paseo and 3,114 square feet of private open space. The total 13,001 square feet of open landscaped area is 34%, exceeding the MU zone requirement of 30%. · A total of 22 24-inch box trees and 10 36-inch box trees will be planted onsite along with five 15-gallon shrubs along the property lines and along the two entryways to the site. The planting guide plan includes Western Redbud, Jacaranda standard, Saratoga Hybrid, Chinese Pistache, Saw leaf Zelkova and other native shrubs and ground covers. · A new common trash enclosure will be constructed in the southeast corner of the property for City of Santa Clara Printed on 8/9/2023Page 2 of 5
powered by Legistar™
23-760 Agenda Date: 8/16/2023
on-site pick up.

Parking
· The project would be accessed by two new full-access driveways along El Camino Real, replacing the existing two driveways.
· A two-car garage for each of the units provides a total of 44 parking spaces for the project. · The proposed project would provide one bicycle parking space per unit for a total of 22 Class one (long-term) bicycle parking onsite and two Class two (short-term) bicycle parking.

Findings
1) That any off-street parking area, screening strips and other facilitates and improvements necessary to secure the purpose and intent of this title and the general plan of the City area a part of the proposed development, in that;
· The development provides a total of 44 on-site parking spaces and provides adequate circulation for vehicular access.
2) That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard, in that; · The proposed project would not generate an increase in vehicle trips to the level of a significant impact as determined in the Initial Study prepared for the project. · On balance, the project is consistent with the City’sGeneral Plan as discussed in Table 2 of Attachment 1.
3) That the design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this title and the general plan of the City, in that; · The development includes four three-story residential structures and other on-site improvements including landscaping that is compatible with the existing residential uses in the area.
4) That the granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort or general welfare of persons residing or working in the neighborhood of said development, and will not be materially detrimental to the public welfare or injuries to property or improvements in said neighborhood, in that; · The project is subject to the California Building Code and City Code requirements, which serve to regulate new construction to protect public health, safety, and general welfare.
· The use, scale, and design of the development, as conditioned, are consistent with the General Plan and is designed to be compatible with the uses in the surrounding area. 5) That the proposed development, as set forth in the plans and drawings, are consistent with the set of more detailed policies and criteria for architectural review as approved and updated from time to time by the City Council, which set shall be maintained in the planning division City of Santa Clara Printed on 8/9/2023Page 3 of 5
powered by Legistar™
23-760 Agenda Date: 8/16/2023
from time to time by the City Council, which set shall be maintained in the planning division office. The policies and criteria so approved shall be fully effective and operative to the same extent as if written into and made a part of this title, in that; · The proposed design and form of the building is consistent with the City’s Design Guidelines and General Plan policies.
· The project provides for an attractive and functional site arrangement of the buildings and other improvements on a site transitioning from commercial to provide a variety of residential units consistent with the General Plan.It provides a high-quality architectural and landscape design.

CONDITIONS OF APPROVAL
Conditions of Approval are available as Attachment 2.

ENVIRONMENTAL REVIEW
The action being considered takes into account the potential environmental impacts of the project addressed in a Mitigated Negative Declaration (MND) in accordance with the California Environmental Quality Act (CEQA). The MND and Notice of Availability were posted on the City’s website and were circulated for 30-day review on July 3, 2023, and closed on August 2, 2023, in accordance with CEQA.

The MND analyzed the project’s impact in the various environmental topics covered by CEQA. Most topics were found to have less than significant impact or no impact. The following topics were found to have potential impacts that could be reduced to less than significant with mitigation: air quality, biological resources, cultural resources, Geology and soils, hazards and hazardous materials, and tribal cultural resources. The mitigations and responsible parties for mitigation are included in the MMRP (Attachment 4).

Findings
There is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency’s independent judgment and analysis.

Public comments received on the IS/MND are available as Attachment 6.

PUBLIC CONTACT
On August 3, 2023, a notice of public hearing of this item was posted in three conspicuous places within 300 feet of the project site and mailed to property owners within 500 feet of the project site.

An applicant-led virtual Community Meeting was held on August 22, 2022, to gather community input on the proposal. Two members of the public attended the meeting.

The Planning Staff has received couple of comments about the project and are available as Attachment 6 with this report.

RECOMMENDATION
Adopt the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) based on findings and approve the Architectural Review for the demolition of an existing commercial building and construction of 22 townhouse units in four, three-story buildings consistent City of Santa Clara Printed on 8/9/2023Page 4 of 5
powered by Legistar™
23-760 Agenda Date: 8/16/2023
with AB 3194 located at 3378-3386 El Camino Real, subject to findings and conditions of approval.

Prepared by: Nimisha Agrawal, Senior Planner, Community Development Approved by: Lesley Xavier, Planning Manager, Community Development Attachments:

1. Project Data and General Plan Consistency Table

2. Conditions of Approval

3. Link to the Environmental Documents

4. Mitigation Monitoring and Reporting Program (MMRP)

5. Development Plans

6. Public Comments Received
City of Santa Clara Printed on 8/9/2023Page 5 of 5
powered by Legistar™
PLN22-00304; 3378-3386 El Camino Real
DRH August 16, 2023

TABLE 1: PROJECT DATA
*Following Mixed-Use Combining (MU) zoning development standards pursuant to AB 3194 requirements.

TABLE 2: PROJECT CONSISTENCY WITH SANTA CLARA GENERAL PLAN LAND

USE POLICIES
Land Use Policies Project Consistency

5.3.1-P2: Encourage advance notification
and neighborhood meetings to provide an
opportunity for early community review of
new development proposals.

The project included a community meeting
that was held on August 22, 2022 to gather
community input on the proposal.

A Notice of Development Proposal was
posted on the project site.

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.

The project would utilize the currently
underutilized property for the construction of
22 residential units with onsite amenities and
infrastructure improvements that include
private street and utilities, parking, and
landscape recreation and open space to serve
the development.

5.3.1‐P10: Provide opportunities for
increased landscaping and trees in the
community, including requirements for new
There are existing nine trees on-site, seven
co-owned trees and 15 off-site trees. The
project will plant 22 24” box trees and 10 36”
Existing Proposed
General Plan Designation Community Mixed Use No Change
Zoning Designation Throughfare Commercial
(CT)
No change*
Land Use Commercial Residential
Lot Size 0.88 acre No change
Building Square Footage
(Sq. ft.) 8,559 40,149
Residential Units None 22
Lot Coverage (%) 22 35
Height (ft.) Single-story 38 (3-story buildings)
Open Landscaped Area
(sq. ft.) 2,200 (6%)
Common Area; 9,887
Private Area: 3,114
Total: 13,001 (34%)
Parking 56 44 covered parking
Bicycle Parking None 22 Class one; One per residential
unit; 2 Class two
Flood Zone X No Change
PLN22-00304; 3378-3386 El Camino Real
DRH August 16, 2023

Land Use Policies Project Consistency
development to provide street trees and a
minimum 2:1 on‐ or off‐site replacement for
trees removed as part of the proposal to help
increase the urban forest and minimize the
heat island effect.

box trees with 15-gallon shrubs along the
property lines.

5.3.1‐P12: Encourage convenient
pedestrian connections within new and
existing developments.

The project includes a new 10-foot wide
sidewalk with a 4 foot wide landscape strip
along the project frontage.

5.3.1-P26: Support a community-initiated
planning process so that existing
neighborhoods can participate in developing
more detailed plans for street, landscape
and pedestrian facility improvements.

The community engagement process was
initiated early on, in advance of the formal
Planning application submittal.

5.3.1‐P29 Encourage design of new
development to be compatible with, and
sensitive to, nearby existing and planned
development, consistent with other
applicable General Plan policies.

The single three-story building is oriented
away from the existing single-family
development to avoid any privacy concerns.

The project would plant trees and shrubs to
address the privacy concerns of the existing
multifamily along the rear property line.

5.3.2‐P6 Provide adequate choices for
housing tenure, type and location, including
higher density, and affordability for low‐ and
moderate‐income and special needs
households.

The project will construct 22 for-sale
townhome units that include 3 moderate-
income units. Project provides a variety of
unit sizes- 1 two-bedroom unit and 7 three-
bedroom units, and 14 four-bedroom unit.

The unit sizes range from 1,876 square feet
to 2,479 square feet (including garages).

5.3.2‐P8: Require new residential
development to comply with applicable
regulations for the provision of affordable
housing.

The project provides 13.6% units at a
moderate level of affordability and would pay
the in-lieu fee as included in the projects
conditions of approval.

5.4.6‐P11: Require new buildings to
maintain a consistent setback/build‐to‐line
from the public right-of-way in order to
create a well‐defined public sidewalk and
street.

The project provides 10’ front and side
setbacks and a well-defined 10-foot detached
sidewalk along the project frontage.

5.4.6‐P14: Encourage sensitive design and
site planning to minimize the scale of larger
The project provides features with visual
interest such fenestrations and recesses.

PLN22-00304; 3378-3386 El Camino Real
DRH August 16, 2023

Land Use Policies Project Consistency
buildings through use of building massing,
setbacks, façade articulation, fenestration,
varied parapets and roof lines, and
pedestrian‐scaled architectural details.

Material changes and color are introduced to
help minimize the scale of the building.

5.5.2-P1: Require that new development
incorporate building articulation and
architectural features, including front doors,
windows, stoops, porches or bay windows
along street frontages, to integrate new
development into the existing
neighborhoods.

Residential entries are oriented towards the
public sidewalk on El Camino Real.

Residential development should include front
doors, windows, stoops, porches, and bay
windows or balconies along street frontages,
consistent with the El Camino Real Focus
Area.

5.5.2‐P4 Provide adequate separation
between incompatible land uses in order to
minimize negative effects on surrounding
existing and planned development.

5.5.2‐P5 Require that new development
provide an appropriate transition to
surrounding neighborhoods.

5.5.2‐P9 Improve pedestrian amenities,
including sidewalks and bicycle paths, to
promote neighborhood compatibility

The proposed building is centered on the site
providing the required 10 foot front and side
setback. A concession is used to provide a 10
foot rear setback where a 20 foot setback is
required in the MU Zoning district. On site
landscaping provides adequate separation
and transition from multifamily to single family
development. A continuous bike lane will be
installed along the project frontage on El
Camino Real.

________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 1 of 16 Development Review Hearing 8.16.23

CONDITIONS OF APPROVAL

GENERAL

1. 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.

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

COMMUNITY DEVELOPMENT

BUILDING DIVISION
BD1. Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer. The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
• Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.

BD2. 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.

BD3. 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.

BD4. 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 (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 2 of 16 Development Review Hearing 8.16.23
(19' CBC Ch. 9), and all means of egress proposed (19' 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.

L1. All stair shafts shall be min. 1 hour rated.

L2. All elevator shafts shall be min. 1 hour rated.

L3. All trash chute shafts shall be min. 1 hour rated.

L4. 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.

L5. Any trash rooms shall be min. 1 hour rated all sides and above.

BD7. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.

BD8. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code.

1. Chp. 15.36 – Energy Code for “all electric” provisions for new construction.

2. Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.

HOUSING & COMMUNITY SERVICES DIVISION
H1. In accordance with the Santa Clara City Code chapter 17.40, this project is subject to the affordable housing requirements and impact fee for the proposed 22 units for-sale residential development.

The Applicant shall provide not less than fifteen percent (15%) of the units (or 3.3 units) to affordable households made available at affordable sales prices to extremely low, very low, low and/or moderate- income households as long as the distribution of affordable units averages to a maximum of one- hundred (100) percent of Area Median Income. All prices are set in accordance with the City’s Below Market Purchase (BMP) Program Policies and Procedures Manual (subject to updates and changes).

Applicant shall be responsible for cost incurred under the California Building Standards (California Code of Regulations, Title 24) for the each affordable for- sale residential unit.

Additionally, where the calculation of affordable housing requirements results in a fractional unit, the Applicant shall either pay an In-Lieu Fee or the Applicant shall provide an additional unit to satisfy the requirement. Any in-lieu fee payment due to the City by the Applicant shall be payable prior to the issuance of the certificate of occupancy. The in-lieu fee amount shall be equal to the difference between the unrestricted appraised market value ("Initial Market Value") and the Affordable Sales Price ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 3 of 16 Development Review Hearing 8.16.23
of one of the BMP units at completion, multiplied by the fractional unit. The Initial Market Value of the last BMP unit sold shall be the basis for calculating the in-lieu fee to be paid by Applicant.

Prior to issuance of Building Permits, the Developer shall enter into an Affordable Housing Agreement (AHA) with the City that will determine the Affordable Sales Price, identify the actual unit to be sold as the Affordable Unit, and apply all terms and covenants guaranteeing the prescribed affordability.

Satisfaction of the affordable housing obligation shall be memorialized in the AHA and subject to City Council approval. There will be a fee for the preparation of the AHA in the amount of $4,020 which will be due prior to execution of the AHA. Please note all fees are based on the current Municipal Fee Schedule in effect at the time the project is approved.

H2. Applicant have elected to provide 3 units as affordable units and will pay fractional in lieu of the 0.3 of a unit.

PLANNING DIVISION
P1. 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 Community Development.

P2. Obtain required permits and inspections from the Building Official and comply with the conditions thereof. If this project involves land area of 1 acre or more, the developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A storm water pollution prevention plan is also required with the NOI.

P3. Comply with all requirements of Building and associated codes (the CBC. CEC, CMC, CPC, California Green Building Code, the California Energy Code, etc.) current at the time of application for Building Permit, that includes grading and site utility permits.

P4. The Developer shall comply with the Mitigations Monitoring and Reporting Program identified in the Initial Study / Mitigated Negative Declaration and shall be incorporated in the Conditions of Approval for this project.

P5. A change in the original number of unit and any subsequent division or increase in the number of units shall require a discretionary development permit.

P6. Prior to issuance of a demolition permit, Developer/Owner shall have an asbestos survey of the proposed site performed by a certified individual. Survey results and notice of the proposed demolition are to be sent to the Bay Area Air Quality Management District (BAAQMD). No demolition shall be performed without a demolition permit and BAAQMD approval and, if necessary, proper asbestos removal.

P7. 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. Proposed BMPs shall be submitted to and thereafter reviewed and approved by the Planning Division and the Building Inspection Division for incorporation into construction drawings and specifications.

P8. An erosion control plan shall be prepared, and copies provided to the Planning Division and to the Building Inspection Division for review and approval prior to the issuance of grading permits or building permits that involve substantial disturbance of substantial ground area.

P9. 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 with masonry walls and solid metal gates are the preferred design. Any required enclosure fencing (trash area, utility equipment, etc.) if not see-thru, shall have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures shall be locked.
________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 4 of 16 Development Review Hearing 8.16.23
P10. The Final Storm Water Management Plan (SWMP) must be certified by a third-party consultant from SCVURPP’s current list of qualified consultants. Five copies of the approval letter from the certified third party review (wet stamped and signed) must be submitted prior to the issuance of grading or building permit.

P11. Prior to the issuance final occupancy, the applicant shall enter into an Operations and Maintenance (O&M) agreement with the City. The project operator is responsible for the operations and maintenance of the SWMP and stormwater BMPs consistent with the O&M agreement throughout the life of the project.

P12. A complete landscape plan that includes, type, size and location of all plant species shall be required as part of architectural review of the project. Review and approval of the complete landscape plan, including water conservation calculations and irrigation plan shall be required prior to issuance of building permits. Installation of landscaping is required prior to occupancy permits.

P13. Site landscaping shall be maintained in good condition throughout the life of the Development and no trees shall be removed without City review and approval.

P14. Trees permitted by the City for removal shall be replaced at a 2:1 ratio with 24-inch box specimen trees reviewed, or equal alternative as approved by the Director of Community Development.

P15. The project shall provide complete streets, 10’ minimum separated sidewalk with 4’ landscape strip, along the project frontage on El Camino Real
P16. Construct six-foot masonry wall along property lines abutting commercial and residential properties in accordance with Zoning Ordinance requirements or to the satisfaction of the Director of Community Development.

P17. Developer is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P18. Minor changes to the project would be subject to Planning Division review and approval prior to issuance of building permits.

P19. Construction activity not confined within a building shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and not permitted on Saturdays and Sundays for projects within 300 feet of a residential use.

Construction activity confined within a building shall be limited to the hours of 7:00 A.M. to 6:00 P.M. following on weekdays other than holidays, Monday through Friday, inclusive; and within the hours of 9:00 A.M. to 6:00 P.M. following, inclusive, on any Saturday which is not a holiday. Construction activity shall not be allowed on recognized State holidays, as noted in Section 9.10.230 of the SCCC, as amended.

P20. The Developer/Owner shall implement the project Transportation Demand Management (TDM) program that includes elements to reduce the VMT by 20 percent with 10% through active TDM measures per 2022 Climate Action Plan
.

P21. Applicant/property owner shall monitor the project TDM program and submit an annual report to the Director of Planning and Inspection.

P22. The project shall provide electrical vehicle (EV) parking requirements as specified in the Reach Codes adopted in 2021.

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.

F2. 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 the fire department Construction Safety & Demolition standard.
________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 5 of 16 Development Review Hearing 8.16.23
F3. 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 as amended (maximum reduction is 25-percent). The most restrictive departments requirement shall apply.

F4. Prior to Building Permit Issuance, a separate fire department 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.

F5. Prior to Building Permit Issuance, the five-foot all-weather perimeter pathway around the entire perimeter of the buildings to facilitate firefighter access is required to be incorporated into the Building permit submittal.

F6. Prior to the issuance of the Building Permit, a fire department 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:

F7. Prior to the issuance of the Building Permit, a fire department 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 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. b. The roadways between the buildings shall be identified as fire lanes and provided with signage and red curbs. Details must be incorporated into the Building Permit Submitta c. The “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches. d. The “minimum” width of aerial roadways for aerial apparatus is 26 feet. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment 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. e. The minimum inside turning radius shall be 30 feet.
f. 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. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment 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. g. 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. Any electrical lines fronting the property must be undergrounded.
h. Fire apparatus access roadways shall be all-weather surface(s) designed to support a gross vehicle weight of 75,000-pounds.
________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 6 of 16 Development Review Hearing 8.16.23
i. Emergency escape and rescue window access must be provided in accordance with fire department requirements. If fire department has to walk on the roof assemblies to access the openings a pathway must be provided and capable of supporting a 1000-lbs. These details must be incorporated into the Building permit set.
j. Trees at full development must not exceed 30’ in height and not impair fire department operations. 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. k. 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.
l. 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).

F8. Prior to Building Permit Issuance, provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.

F9. Prior to the start of construction, roadways and water supplies for fire protection are required to be installed and made serviceable and maintained throughout the course of construction.

F10. Prior to any Certificate of Occupancy Issuance (temporary or permanent), fire-life safety systems installations must be fully installed, functional, and approved.

PARKS & RECREATION
PR1. This memo assumes the Project is a subdivision and the Quimby Act provisions will apply. The project will generate an estimated 53 residents (2.4 persons/household x 22 units). Based on the Quimby Act standard of 3.0 acres/1000 residents, the amount of public parkland required for this Project to mitigate the impact of the new resident demand is approximately 0.1584-acres. The equivalent fee due in lieu of parkland dedication is therefore $1,156,342. The City will accept a fee in lieu of parkland dedication for this project with less than 50 units.

PR2. Application for Credit. It is unlikely the Project could achieve the requirements needed to qualify for credit.

PR3. Dwelling Unit Tax. According to City Code Chapter 3.15, a dwelling unit tax is also due based upon the number of units and additional bedrooms. The Project mix includes 1 two-bedroom units and 7 three- bedroom units and 14 four-bedroom units [$15 x 22 bedrooms) + ($5 x 57 additional bedrooms)] for a total DUT of $615.00.

PR4. Final calculations will depend upon the actual number and type of units and the mix of parkland dedicated and remaining fee due, at the discretion of the City, as well as the current Fee Resolution when the project is deemed complete by Planning Dept.

POLICE
The property should be fenced off during demolition and construction as a safety barrier to the public and deterrent to theft and other crime. Consider not having any screening material on the fence so passing Police Patrol checks will be able to see into the site.

PD2. Address numbers should be a minimum of twelve (12) inches in height for commercial or industrial buildings. Consider illuminated numbers during the hours of darkness, and in a color that is contrasting to the background material. They shall be clearly visible from the street. Where multiple units or buildings occupy the same property, each unit/building address shall be clearly visible. A monument sign, preferably at all entrances to the property, should be prominently displayed showing all unit/building numbers, addresses, etc. A map is recommended for large complexes with multiple streets or walkways.

PD3. Each distinct unit within the building shall have its address displayed on or directly above both front and rear doors.
________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 7 of 16 Development Review Hearing 8.16.23
PD4. Landscaping should follow the National Institute of Crime Prevention standards. That standard describes bushes/shrubs not exceeding 2’ in height at maturity, or maintained at that height, and the canopies of trees should not be lower than 6’ in height. Crime deterrent vegetation is encouraged along the fence and property lines and under vulnerable windows.

PD5. Lighting for the project to be at the IES (Illuminating Engineering Society of North America) standards and include the features listed below: White light source, Pedestrian Scale, Full cut-off or shoebox design, Unbreakable exterior,Tamperproof Housings,Wall mounted lights/10’ high. These features increase natural surveillance, support and/or enhance security camera capabilities, and increase Police Patrol effectiveness.

PD6. Any required enclosure fencing (trash area, utility equipment, etc.) would preferably be see-thru. If for aesthetic reasons prohibit that, the fencing should have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures should be locked.

PD7. If the project includes any benches, these benches should not be longer than 5 feet in length, and should have arm rests at both ends. If the benches are longer than 5 feet in length, there should be a divider (arm rest or similar) in the middle of the bench in addition to the arm rests on both ends. This helps prevent unlawful lodging and/or skateboarding. Another option to benches could be cubes, knee walls, or other creative types of seating possibilities.

PD8. The developer should install skate stoppers on any low clearance wall of 36 inches in height or lower to prevent vandalism/damage to the wall from skateboarding or similar activities. If there is outdoor seating associated with a restaurant or similar business which is near vehicle parking stalls, the outdoor space will be designed to ensure the safety of the public from possible vehicular related incidents.

PD9. All exterior doors should be adequately illuminated at all hours with their own light source.

PD10. All construction of dwelling units shall conform to the requirements of the Uniform Building Security Code as adopted by the City of Santa Clara City Council.

PD11. Other line of sight obstructions (including recessed doorways, alcoves, etc.) should be avoided on building exterior walls and interior hallways.

PD12. The installation and use of interior and exterior security cameras and recording devices PD13. Alcoves and other visual obstructions that might constitute a hiding place should be eliminated whenever structurally possible. Pillars, columns, and other open construction should be considered over a solid wall design.

PD14. Applicant shall install signage to prevent theft from vehicles in the parking lots. In addition, the use of quality lighting, installation of high-quality video cameras/recorders, and license plate readers are highly encouraged to prevent thefts from vehicles.

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.

E4. All work within State right-of-way shall require a Caltrans encroachment permit. ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 8 of 16 Development Review Hearing 8.16.23
E5. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E7. 6” sanitary sewer laterals shall be connected by “Tap-Tite” connections to City sanitary sewer main a minimum 5’ downstream from existing manholes with property line cleanout, 2% minimum slope, and minimum SDR-26 pipe material.

E8. Developer shall provide a complete storm drain study for the 10-year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.

E9. Storm drain laterals shall connect to existing storm drain manholes or catch basins, be RCP and 12” minimum with property line cleanout.

E10. All storm drain mains and laterals, sanitary sewer mains and laterals shall be outside the drip line of mature trees or 10’ clear of the tree trunk whichever is greater.

E11. Provide root barriers when the drip line of the mature trees covers the sidewalk. Root barriers for sidewalk protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 1.5' deep, and centered on trees. Root barriers for curb and gutter protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 2’ deep, and centered on trees.

E12. Dedicate required on-site easements for any new public utilities, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development and pay all fees.

E13. 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.

E14. Obtain City Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction. Vacate electric easement Book of Records 4375 Page 229 as required.

E15. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.

Subdivision map shall be recorded prior to building permit issuance.

E16. Trash enclosure shall be roofed.

E17. Pavement treatment shall be 2” grind and overlay for the half street width of El Camino Real along the project frontage.

E18. Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction.

E19. Provide loading/unloading zone on-site.

E20. Provide a minimum of 2 Class II bicycle rack spaces at the main entrance and/or high visible areas.

E21. Improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.

E22. All proposed driveways shall be ADA compliant per City Standard ST- 8.

E23. Unused driveways in the public right-of-way shall be replaced with City standard curb, gutter, and sidewalk per City Standard Detail ST-12.

E24. Along project frontage of El Camino Real, install R28S(CA) signs with double arrow to implement parking removal approved by City Council via Resolution 22-9047. ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 9 of 16 Development Review Hearing 8.16.23
E25. Caltrans permit will be required for all work within the right-of-way along El Camino Real.

E26. Provide 10’ minimum separated sidewalk with 4’ landscape strip along El Camino Real property frontage.

E27. Provide trash pick-up/drop-off on-site.

STREETS DIVISION
Landscape
L1. 2:1 tree replacement for all trees to be removed from the site. If replacement ratio cannot be met, developer must pay city in-lieu fees set by the Department of Public Works. Minimum tree replacement size will be a 24-inch box for all on-site plantings, with all Street trees to be a minimum 36-inch box. Street tree selection shall be per City specifications; spacing, and specie to be determined by City Arborist.

L2. No cutting of any part of public trees, including roots, shall be done without following City tree preservation specifications and securing approval and direct supervision from the City Arborist at (408) 615 -3080.

Applicant is advised to contact City Arborist to obtain required tree removal permits in the event trees are removed.

L3. No cutting of any part of private trees, including roots, shall be done without direct supervision of a certified arborist (Certification of International Society of Arboriculture).

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. Private roads must be constructed to accommodate weights of 60,000 pounds. Haulers are not responsible for normal wear and tear damage to private roadways.

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. Project applicant shall contact the Public Works Department, Street Maintenance Division at (408) 615- 3080 to verify if the property falls within the City’s exclusive franchise hauling area. If so, 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. ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 10 of 16 Development Review Hearing 8.16.23
SW7. All refuse from all residential properties within the city shall be collected at least once a week, unless otherwise approved in writing (SCCC 8.25.120). Garbage service level required for residential developments (single-family and multi-family) shall be no less than twenty (20) gallons per unit. All projects shall submit to the Public Works Department the preliminary refuse service level assessment for approval.StormwaterST1. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, the Special Project Narratives and Worksheet (as appropriate), and an Erosion and Sediment Control Plan.

Stormwater
ST1. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, the Special Project Narratives and Worksheet (as appropriate), and an Erosion and Sediment Control Plan.

ST2. The Final Stormwater Management Plan and all associated calculations shall be reviewed and certified by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party review letter shall be submitted with the Plan.

ST3. For project that disturbs a land area of one acre or more, the applicant shall provide a copy of the Notice of Intent (NOI) with WDID number for coverage under the State Construction General Permit.

Active projects with NOI will be inspected by the City once per month during the wet season (October – April).

ST4. 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.

ST5. Include the C.3 Treatment Facilities Construction Notes on the Improvement Plans and/or Stormwater Control Plans.

ST6. During the construction phase, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party concurrence letter on the C.3 facilities construction shall be submitted to the Public Works Department. The City reserves the right to review the 3rd party inspection reports on the C.3 stormwater facilities installation.

ST7. Applicant shall install biotreatment soil media that meets the minimum specifications as set forth in the SCVURPPP C.3 Stormwater Handbook. If percolation rate test of the biotreatment soil mix is not performed on-site, a certification letter from the supplier verifying that the soil meets the specified mix (the date of such document shall not be older than 3 months).

ST8. As-Built drawing shall be submitted to the Public Works Department. Include C.3 Stormwater Treatment Facilities Construction general notes on the improvement plans.

ST9. Permeable Pavement, Media Filter vaults, Interceptor Trees and Trash Full Capture Devices shall be inspected by a third-party reviewer and/or manufacturer representative for conformance with the details and specifications. If necessary, percolation test shall be performed to ensure proper installation. A map displaying the number, location and details of full trash capture devices shall be prepared as an attachment to the Operations and Maintenance (O&M) Agreement with the City.

ST10. Stormwater treatment facilities must be designed, installed, and maintained to achieve the site design measures throughout their life in accordance to the SCVRUPPP C.3 Stormwater Handbook (Chapter 6 and Appendix C).

ST11. The property owner shall enter into an Operation and Maintenance (O&M) Agreement with the City for all installed stormwater treatment measures and full trash capture devices in perpetuity. Applicants should contact Public Works Dept. - Environmental Services at (408) 615-3080 or [email protected] for assistance completing the Agreement. For more information and to download the most recent version of the O&M Agreement, visit the City’s stormwater resources website ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 11 of 16 Development Review Hearing 8.16.23
at http://santaclaraca.gov/stormwater. Inspection of permeable pavement, media filter vaults and full trash capture devices is to be done annually by December 31 of each year.

ST12. Any site design measures used to reduce the size of stormwater treatment measures shall not be installed for the project without the written approval from the City, installing the corresponding resizing of other stormwater treatment measures and an amendment of the property’s O&M Agreement.

ST13. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.

ST14. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST15. Floor drains within trash enclosures shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST16. 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.

ST17. Decorative and recreational water features such as fountains, pools, and ponds shall be designed and constructed to drain to the sanitary sewer system only.

ST18. 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. Decorative streetlights along EL Camino will remain in place. Single streetlight that has been called out to be relocated will be transferred to the new foundation. Refer to UG-1540 standard for decorative streetlight foundation details. SVP will remove and install the streetlight on the developer provided foundation. SVP will wire all streetlighting circuits and bill developer for actual costs incurred for the relocation.

SVP2. Existing streetlight conduit shown under new proposed trees will need to be relocated inside the new SVP trench along the frontage. All relocation costs are actual costs incurred to be paid for by the developer.

SVP3. All offsite substructure work to be designed and constructed by developer. SVP trench extension will need to tie into existing SVP Pull box#168.

SVP4. All secondary, streetlight, and utility electric systems to be designed in detailed design. An approved SVP developers work drawing will be required for any encroachment permit or building permit approval.

SVP5. 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)
________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 12 of 16 Development Review Hearing 8.16.23
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 SVP6. 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 SVP7. 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.

SVP8. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

SVP9. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

SVP10. 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.

SVP11. 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.

SVP12. 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).

SVP13. 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 ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 13 of 16 Development Review Hearing 8.16.23
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.

SVP14. 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.

SVP15. 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.

SVP16. Any relocation of existing electric facilities shall be at Developer’s expense.

SVP17. Electric Load Increase fees may be applicable.

SVP18. 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)).

SVP19. 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)).

SVP20. 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. 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.

SVP21. Encroachment permits will not be signed off by Silicon Valley Power until Developers Work substructure construction drawing has been completed.

SVP22. 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.

SVP23. 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.

SVP24. 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.

SVP25. 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 ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 14 of 16 Development Review Hearing 8.16.23
SVP facilities are to be removed or relocated on conceptual plans does not imply that this action has been approved by SVP.

SVP26. SVP does not utilize any sub-surface (below grade) devices in its system. This includes transformers, switches, etc.

SVP27. 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.

SVP28. 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.

SVP29. 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.

WATER & SEWER
W1. Development Impact Analysis: A Development Impact Analysis request has been submitted for the project and the impacts are currently being analyzed. If there is a deficiency in the existing potable water distribution or storage infrastructure, the developer will be required to upgrade the potable water system as determined and approved by the City. The required potable water system upgrades will be at developer's expense. The evaluation may change based on pending development applications and future projects. The potable water hydraulic analysis does not guarantee or in any way reserves or holds distribution capacity until developer has Final Approval for the project.

W2. Recycled Water Ready: All onsite plumbing for non-domestic water uses (e.g. irrigation, industrial processes, cooling, etc.) shall be designed for recycled water use and shall comply with all Recycled Water regulations.

W3. Potable Water Main: The applicant shall install a new 12" DIP pipe water main connecting the two existing water mains on El Camino Real.

W4. 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.

W5. 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.

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.

W6. 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 ________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 15 of 16 Development Review Hearing 8.16.23
(fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W7. 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.

W8. 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. Plans shall show meter and backflow configurations to scale.

W9. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. 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.

W10. 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.

W11. 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).

W12. 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 may be permanently connected to the City’s recycled water supply.

W13. 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.

W14. 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.

W15. 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.

W16. 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.
________________________________________________________________________________ PLN22-00304 3378-3386 El Camino Real Residential Project Page 16 of 16 Development Review Hearing 8.16.23

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.

3378-3386 El Camino Real Residential Project
Link to Environmental Documents:

https://www.santaclaraca.gov/Home/Components/BusinessDirectory/BusinessDirectory/485/364 9?npage=2

DRAFT

MITIGATION MONITORING AND REPORTING PROGRAM

3378-3386 El Camino Real Residential Project

CITY OF SANTA CLARA

May 25, 2023

P R E F A C E

Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation.

The Initial Study/Mitigated Negative Declaration concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the Initial Study/Mitigated Negative Declaration concluded that mitigation measures would not be required to reduce significant impacts.

3378-3386 El Camino Real Residential Project 1 MMRP
City of Santa Clara May 2023

Construction activities
associated with the
proposed project would
expose the project’s
off-site maximum
exposed individual
(MEI) to a cancer risk
of 33.92 cases per one
million (for infants)
which exceeds the Bay
Area Air Quality
Management District
(BAAQMD) threshold
of 10 cases per one
million.

MM AIR 3.1: Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the project applicant shall submit a construction operations plan to the Director of Community Development or Director’s
designee demonstrating that the off-road equipment used on- site for project construction would achieve a fleet-wide average 75 percent reduction or greater in diesel particulate matter (DPM) exhaust emissions. The plan shall be accompanied by a letter signed by an air quality specialist, verifying that the equipment included in the plan meets the standards set forth below. One feasible plan to achieve this reduction would include the following:

 All diesel-powered, off-road equipment larger than 25 horsepower used at the site for more than two continuous days shall use equipment that meet U.S. Environmental
Protection Agency (EPA) Tier 4 emission standards for
particulate matter (PM10 and PM2.5).
 If Tier 4 equipment is not available, all construction equipment larger than 25 horsepower used at the site for more than two continuous days shall use equipment that
meet U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to California Air Resources Board (CARB) Level 3 verifiable diesel emission control devices that altogether achieve a 75 percent reduction in diesel particulate matter emissions in Prior to the
issuance of any
demolition,
grading, or
building permits
(whichever
occurs earliest)
Project applicant Director of
Community
Development or
Director’s
designee
3378-3386 El Camino Real Residential Project 2 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
comparison to uncontrolled equipment; alternatively (or in combination).
 Use of non-diesel fueled or electric equipment.

Alternatively, the project applicant may develop a construction operations plan that demonstrates that the construction equipment used on-site would reduce construction DPM
emissions by a minimum of 75 percent or greater. Such a plan shall be reviewed and approved by the Director of Community Development or Director’s designee prior to issuance of any demolition, grading, and/or building permits (whichever occurs earliest). Elements of the plan could include a combination of the following measures:

 The use of equipment that meets U.S. EPA Tier 4 emission standards or alternatively fueled equipment (as mentioned above),
 Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors,  Use of electrically-powered equipment,
 Forklifts and aerial lifts used for exterior and interior building construction shall be electric or propane/natural gas powered,
 Change in construction build-out plans to lengthen phases, and
3378-3386 El Camino Real Residential Project 3 MMRP
City of Santa Clara May 2023

Biological Resources
Impact BIO-1:

Construction activities
associated with the
proposed project could
result in the loss of
fertile eggs, nesting
raptors or other
migratory birds, or nest
abandonment, which
would constitute a
significant impact
under the Migratory
Bird Treaty Act
(MBTA) and California
Fish and Game Code
Sections 3503, 3503.5,
and 3800.

MM BIO-1.1: The project applicant shall schedule demolition and construction activities to avoid the nesting season if feasible. The nesting season for most birds, including most raptors in the San Francisco Bay area, extends from February 1st through August 31st (inclusive).

MM BIO-1.2: If demolition and construction cannot be
scheduled between September 1st and January 31st (inclusive), pre-construction surveys for nesting birds shall be completed by a qualified ornithologist to ensure that no nests shall be disturbed during project implementation. This survey shall be completed no more than 14 days prior to the initiation of construction activities during the early part of the breeding season (February 1st through April 30th inclusive) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May 1st through August 31st inclusive).

During this survey, the ornithologist shall inspect all trees and other possible nesting habitats immediately adjacent to the construction areas for nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist shall determine the extent of a construction For pre-
construction
surveys, no more
than 14 days
prior to the
initiation of
grading, tree
removal, or other
demolition or
construction
activities during
the early part of
the breeding
season (February
1st through April
30th) and no
more than 30
days prior to the
initiation of these
activities during
the late part of
the breeding
season (May 1st
Project applicant
and
Qualified
ornithologist
Director of
Community
Development or
the Director’s
designee
3378-3386 El Camino Real Residential Project 4 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
free buffer zone to be established around the nest, typically 250 feet, to ensure that raptor or migratory bird nests shall not be disturbed during project construction.

Prior to any tree removal, or approval of any grading or demolition permits (whichever occurs first), the ornithologist shall submit a report indicating the results of the survey and any designated buffer zones to the satisfaction of the Community Development Director or Director’s designee.

through August
31st)

Survey results
shall be
submitted prior
to any tree
removal, or
approval of any
grading or
demolition
permits
(whichever
occurs first)
Cultural Resources
Impact CUL-2:

Construction of the
proposed project could
result in impacts to as
yet unidentified buried
archaeological
resources.

MM CUL-2.1: Prior to commencement of any ground-
disturbing activity on-site, the project applicant shall retain a registered professional archaeologist to be present during all ground-disturbing activity associated with the project. For the purposes of these conditions, ground-disturbing activities shall be defined as any ground disturbance, including but not limited to, excavation, grading, grubbing, scarring, drilling, scraping, blading, trenching, vegetation removal, or demolition of the existing structure or site improvements within the development area shown on the project plans. A registered professional archaeologist shall be given five days’ written notice prior to Prior to
commencement
of any ground-
disturbing
activity on-site

Project applicant
and a registered
professional
archaeologist

Director of
Community
Development or
Director’s
designee

3378-3386 El Camino Real Residential Project 5 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
the start of any ground-disturbing activity. The project applicant shall document receipt of notification in writing.

MM CUL-2.2: In the event that buried, or previously
unrecognized archaeological deposits or materials of any kind are inadvertently exposed during any construction activity, work within 50 feet of the find shall cease until a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. The archaeologist, in consultation with the project applicant, shall make the necessary plans for treatment of the find(s) if the resource is eligible for listing on the National Register of Historic Places (NRHP) or the California Register of Historical Resources (CRHR). Construction within a radius determined by the
archaeologist shall not recommence until the assessment is complete.

Impact CUL-3.1:

Construction activities
on-site could result in
the exposure or
destruction of as yet
undiscovered human
remains.

MM CUL-3.1: In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped. The Santa Clara County Coroner shall be notified and shall make a
determination as to whether the remains are of Native
American origin or whether an investigation into the cause of death is required. If the remains are determined to be Native American, the Coroner shall notify the Native American
Heritage Commission (NAHC) immediately. Once NAHC
identifies the most likely descendants, the descendants will In the event that
human remains
are discovered
during
excavation
and/or grading
of the site
Project applicant Santa Clara
County Coroner
and
Native American
Heritage
Commission
(NAHC)
3378-3386 El Camino Real Residential Project 6 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
make recommendations regarding proper burial, which will be implemented in accordance with Section 15064.5(e) of the California Environmental Quality Act (CEQA) Guidelines.

Geology and Soils
Impact GEO-1: The
project site is located
within a liquefaction
zone which could result
in major damage to
buildings during a
seismic event.

MM GEO-1.1: Consistent with General Plan Policy 5.10.5-P6, the project would be built using standard engineering and seismic safety design techniques. Building design and
construction at the site shall be completed in conformance with the recommendations of the February 2022 design-level
geotechnical investigation prepared by Wayne Ting &
Associates, Inc. for the project. The report shall be reviewed and approved by the City of Santa Clara’s Building Division as part of the building permit review and issuance process to confirm the findings of the report and consistency of the project plans with the recommendations. The building shall meet the requirements of applicable Building and Fire Codes, including the latest California Building Code, as adopted or updated by the City. The project shall be designed to withstand potential geologic hazards identified on the site, including liquefaction and shrink swell capacity of soils, and the project shall be designed to reduce the risk to life or property to the extent feasible and in compliance with the Building Code.

As part of the
building permit
review and
issuance process

Project applicant
and contractors

City of Santa
Clara’s Building
Division
3378-3386 El Camino Real Residential Project 7 MMRP
City of Santa Clara May 2023

Construction activities
would disturb soils on-
site and could increase
erosion and
sedimentation until
project construction is
complete.

MM GEO-2.1: All excavation and grading work shall be
scheduled in dry weather months or construction sites would be weatherized1 to withstand or avoid erosion.

MM GEO-2.2: Stockpiles and excavated soils shall be covered with secured tarps or plastic sheeting during construction.

MM GEO-2.3: Vegetation in disturbed areas shall be replanted as quickly as possible.

During all
phases of
construction
Project applicant
and contractors
Community
Development
Director or
Director’s
designee

Regional Water
Quality Control
Board
Hazards and Hazardous Materials
IMPACT HAZ-1:

Construction activities
associated with the
proposed project could
expose construction
workers and/or nearby
residents to
contaminated soils
from previous
agricultural operations.

MM HAZ-1.1: Prior to demolition and excavation of the
project site, a limited Phase II Environmental Site Assessment (Phase II ESA) shall be completed to determine if agricultural chemicals are present in the soil and groundwater at the site.

The site shall be sampled for organochlorine pesticides, lead, petroleum hydrocarbons, and other metals prior to the issuance of grading permits. Phase II ESA sampling activities shall be coordinated with the Santa Clara Fire Department.

MM HAZ-1.2: In the event that impacted soil is identified on- site, the Director of Community Development or Director’s designee shall be notified and the lateral and vertical extent of soil containing contaminant concentrations greater than the San Prior to
demolition and
excavation of the
project site
Project applicant Director of
Community
Development or
Director’s
designee

Santa Clara Fire
Department

Department of
Toxic
Substances
Control (DTSC)

1 Weatherized refers to measures that would protect exposed soils from rain and stormwater runoff. 3378-3386 El Camino Real Residential Project 8 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Francisco Bay Regional Water Quality Control Board’s
(RWQCB’s) environmental screening levels (ESLs) will be notified. Sample results shall be submitted to the Santa Clara Fire Department for review.

Contaminated soil shall be handled separately from “clean” soil. Common and potentially applicable remedial measures for the impacted soil may include: 1) excavation and off-site disposal at a permitted facility; 2) the use of engineering and administrative controls, such as consolidation and capping of the soil on-site and land use covenants restricting certain activities/uses; and 3) a combination of the above. Remedial activities at the site, if warranted, shall be overseen by an appropriate regulatory agency, such as the Department of Toxic Substances Control (DTSC) or the Santa Clara County
Department of Environmental Health (SCCDEH).

or the Santa
Clara County
Department of
Environmental
Health
(SCCDEH)
Noise and Vibration
IMPACT NOI-1:

Construction noise
levels would exceed the
exterior threshold of 80
dBA Leq at residential
land uses adjoining the
MM NOI-1.1: A qualified acoustical consultant shall prepare a construction noise control plan to be submitted to the City for review and approval prior to issuance of a demolition and/or grading permit, including, but not limited to, the following available controls.

Prior to issuance
of a demolition
and/or grading
permit
Project applicant
and a qualified
acoustical
consultant
Director of
Community
Development or
the Director’s
designee
3378-3386 El Camino Real Residential Project 9 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
site to the south when
construction is
concentrated closer to
the southern boundary
and at 90 dBA Leq for
commercial land uses
when construction
occurs along the shared
boundaries to the east
and to the west.

 Excavating, grading and filling, and other construction activities (including the loading and unloading of materials and truck movements) within 300 feet of residentially
zoned property, including hotels, are limited to the hours of 7:00 AM to 6:00 PM on weekdays and between the hours
of 9:00 AM and 6:00 PM on Saturdays. No construction is permitted on Sundays or holidays.
 Temporary noise barriers along the perimeter of the project site shall be constructed.
 All internal combustion engine-driven equipment shall be equipped with intake and exhaust mufflers that are in good condition and appropriate for the equipment.
 Unnecessary idling of internal combustion engines shall be strictly prohibited.
 Stationary noise-generating equipment, such as air
compressors or portable power generators, shall be located as far as possible from sensitive receptors. If stationary noise-generating equipment must be located near receptors, adequate muffling (with enclosures where feasible and
appropriate) shall be used to reduce noise levels at the adjacent sensitive receptors. Any enclosure openings or venting shall face away from sensitive receptors.
 Construction staging areas shall be established at locations that will create the greatest distance between the
construction-related noise sources and noise-sensitive
3378-3386 El Camino Real Residential Project 10 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
receptors nearest the project site during all project
construction.
 Material stockpiles, as well as maintenance/equipment staging and parking areas, shall be located as far as feasible from residential receptors.
 Noise from construction workers’ radios shall be controlled so that it is not audible at existing residences bordering the project site.
 A detailed construction schedule for major noise-generating construction activities shall be prepared by the contractor.

The construction plan shall identify a procedure for
coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance.
 A “noise disturbance coordinator” shall be designated to respond to any local complaints about construction noise.

The disturbance coordinator shall determine the cause of the noise complaint (e.g., bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. A telephone number for the noise disturbance coordinator shall be conspicuously posted at the
construction site. The notice sent to neighbors regarding the construction schedule shall be included in the posted sign.

3378-3386 El Camino Real Residential Project 11 MMRP
City of Santa Clara May 2023

Construction vibration
levels would exceed the

0.03 in/sec Peak
Particle Velocity (PPV)
threshold for the
southern and western
buildings located
within 20 feet of the
project boundary.

MM NOI-2.1: The project applicant or the applicant’s
contractor shall implement the following measures during construction to reduce construction vibration generated by the project:

 Vibration-inducing equipment shall be limited to the extent feasible within 20 feet of existing structures adjoining the southern and western boundaries.
 Use of heavy vibration-generating construction equipment shall be prohibited within 20 feet of the adjacent buildings to the south and west.
 A smaller vibratory roller, such as the Caterpillar model CP433E vibratory compactor, shall be used when
compacting materials within 20 feet of adjacent structures to the south and west.
 Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
 Alternative methods for breaking up existing pavement, such as a pavement grinder, shall be used instead of
dropping heavy objects, within 20 feet of adjacent buildings to the south and west.
 Hoe rams, large bulldozers, drill rigs, loaded trucks, and other similar equipment shall not be used within 20 feet of adjacent buildings to the south and west.

During
construction
Project applicant
or contractors
Director of
Community
Development or
the Director’s
designee
3378-3386 El Camino Real Residential Project 12 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Tribal Cultural Resources
Impact TCR-1: As
mitigated, the project
would not cause a
substantial adverse
change in the
significance of a tribal
cultural resource that is
listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Public Resources Code
Section 5020.1(k).

Same mitigation as Mitigation Measures CUL-2.1, CUL-2.2, and CUL-3.1.

Prior
commencement
of any ground-
disturbing
activity on-site

In the event that
human remains
are discovered
during
excavation
and/or grading
of the site
Project applicant
and a registered
professional
archaeologist

Director of
Community
Development or
Director’s
designee

Santa Clara
County Coroner
and
Native American
Heritage
Commission
(NAHC)

Impact TCR-2: As
mitigated, the project
would not cause a
substantial adverse
change in the
significance of a tribal
cultural resource that is
determined by the Lead
Agency, in its
discretion and
Same mitigation as Mitigation Measures CUL-2.1, CUL-2.2, and CUL-3.1.

Prior
commencement
of any ground-
disturbing
activity on-site

In the event that
human remains
Project applicant
and a registered
professional
archaeologist

Director of
Community
Development or
Director’s
designee

Santa Clara
County Coroner
and
3378-3386 El Camino Real Residential Project 13 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of
Public Resources Code
Section 5024.1.
are discovered
during
excavation
and/or grading
of the site

Native American
Heritage
Commission
(NAHC)

In addition to mitigation measures listed above, there are also Conditions of Approval the project shall implement, including the following:

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
Construction Dust Emissions Best Management Practices
 All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
 All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day.

The use of dry power sweeping is prohibited.
 All vehicle speeds on unpaved roads shall be limited to 15 miles-per-hour (mph).  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
 Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. 3378-3386 El Camino Real Residential Project 14 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
 All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

Ventilation System Filtration to Reduce PM2.5 (Non-CEQA)  Install air filtration for the residential units. Air filtration devices shall be rated MERV13 or higher. To ensure adequate health protection to sensitive receptors (i.e., residents), this ventilation system, whether mechanical or passive, shall filter all fresh air that would be circulated into the dwelling units.
 The ventilation system shall be designed to keep the building at positive pressure when doors and windows are closed to reduce the intrusion of unfiltered outside air into the building.
 As part of implementing this measure, an ongoing maintenance plan for the buildings’ heating, ventilation, and air conditioning (HVAC) air filtration system shall be required that includes regular filter replacement.  Ensure that the use agreement and other property documents: (1) require cleaning, maintenance, and monitoring of the affected buildings for air flow leaks, (2) include assurance that new owners or tenants are provided information on the ventilation system, and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed.

Asbestos-Containing Materials and Lead-Based Paint
 In conformance with state and local laws, a visual inspection/pre-demolition survey, and possible sampling, shall be conducted prior to the demolition of on-site building(s) to determine the presence of asbestos-containing materials (ACMs) and/or lead-based paint (LBP).  During demolition activities, all building materials containing LBP shall be removed in accordance with California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing LBP or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed. 3378-3386 El Camino Real Residential Project 15 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
 All potentially friable ACMs shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines prior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.  A registered asbestos abatement contractor shall be retained to remove and dispose of ACMs identified in the asbestos survey performed for the site in accordance with the standards stated above.  Materials containing more than one-percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations.

Removal of materials containing more than one-percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.
 During demolition activities, all hazardous and universal wastes shall be properly disposed of in accordance with California Health & Safety Code, Chapter 6.5 and California Code of Regulations, Title 22.

Polychlorinated biphenyls
 The building shall be screened for the presence of Polychlorinated biphenyls (PCBs) prior to the issuance of a demolition permit.  If on-site building contains PCBs that exceed threshold limits, the project applicant shall follow applicable federal and state laws, which may include reporting to such agencies as the Environmental Protection Agency (EPA), Regional Water Quality Control Board (RWQCB), and Department of Toxic Substances Control (DTSC), which may require additional sampling and abatement of PCBs.

Construction Water Quality Best Management Practices
 Burlap bags filled with drain rock shall be installed around storm drains to route sediment and other debris away from the drains;  Earthmoving or other dust-producing activities shall be suspended during period of high winds;  All exposed or disturbed soil surfaces shall be watered at least twice daily to control dust as necessary;  Stockpiles of soil or other materials that can be blown by the wind shall be watered or covered;  All trucks hauling soil, sand, and other loose materials shall be covered;  All paved access roads, parking areas, staging areas and residential streets adjacent to the construction sites shall be swept daily (with water sweepers);
 Establish and maintain effective perimeter controls;
3378-3386 El Camino Real Residential Project 16 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
 All construction entrances and exits shall be stabilized to sufficiently control erosion and sediment discharges; and  Vegetation in disturbed areas shall be replanted as quickly as possible.

Post-Construction Water Quality
 When the construction phase is complete, a Notice of Termination (NOT) for the General Permit for Construction would be filed with the RWQCB and the City of Santa Clara. The NOT shall document that all elements of the SWPPP have been executed, construction materials and waste have been properly disposed of, and a post-construction stormwater management plan is in place as described in the SWPPP for the project site.
 All post-construction Treatment Control Measures (TCMs) shall be installed, operated, and maintained by qualified personnel. On-site inlets shall be cleaned out at a minimum of once per year, prior to the wet season.  The property owner/site manager shall enter into an Operation and Maintenance (O&M) Agreement with the City of Santa Clara for all installed stormwater treatment measures.
 The property owner/site manager shall keep a maintenance and inspection schedule and record to ensure the TCMs continue to operate effectively for the life of the project. Copies of the schedule and record must be provided to the City upon request and must be made available for inspection on-site at all times.

Interior Noise Building Design Measures
 Provide a suitable form of forced-air mechanical ventilation, as determined by the local building official, for all residential units on the project site, so windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.  Residential units along the northern, eastern, and western façades within 120 feet of the El Camino Real centerline shall require windows and doors with a minimum rating of 31 to 34 Sound Transmission Class (STC) with adequate forced-air mechanical ventilation to meet the interior noise threshold of 45 A-weighted decibel (dBA) Community Noise Equivalent Level (CNEL).  Residential units along the eastern and western façades located between 120 to 190 feet of the El Camino Real centerline shall require windows and doors with a minimum rating of 28 to 30 STC with adequate forced-air mechanical ventilation to meet the interior noise threshold of 45 dBA CNEL.
3378-3386 El Camino Real Residential Project 17 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL
3378-3386 EL CAMINO REAL RESIDENTIAL PROJECT
 A qualified acoustical specialist shall prepare a detailed analysis of interior residential noise levels from all exterior sources during the design phase pursuant to requirements in the California Building Standards Code. The study shall establish appropriate criteria for noise levels inside the residential spaces affected by environmental noise. The study shall review the final site plan, building elevations, and floor plans prior to construction and recommend building treatments to reduce residential interior noise levels to 45 dBA DNL. The specific determination of what noise insulation treatments are necessary shall be conducted on a unit-by-unit basis during final design of the project.

Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit.

Water Supply
 Install a new 12-inch connection between the existing water mains on both sides of El Camino Real.

Sources: City of Santa Clara. Draft Initial Study for the 3378-3386 El Camino Real Residential Project. May 2023.

“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov

July 28, 2023 SCH #: 2023060805
GTS #: 04-SCL-2023-01214
GTS ID: 30307
Co/Rt/Pm: SCL/82/13.94

Nimisha Agrawal, Senior Planner
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Re: 3378-3386 El Camino Real Residential– Initial Study/Mitigated Negative Declaration (IS/MND)
Dear Nimisha Agrawal:

Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the 3378-3386 El Camino Real Residential. We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system.

The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the June 2023 IS/MND.

Project Understanding
The project proposes to demolish the existing commercial building and construct 22 three-story townhouses where each townhouse would have a two-car garage.

Additional site features include bike parking and approximately 9,887 square feet of common open space.

The project site is located directly adjacent to State Route (SR)-82, within the Priority Development Area and Transit-Rich Area identified in Metropolitan Transportation Commission (MTC)’s Plan Bay Area 2050.

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 2 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment” Travel Demand Analysis
With the enactment of Senate Bill (SB) 743, Caltrans is focused on maximizing efficient development patterns, innovative travel demand reduction strategies, and multimodal improvements. For more information on how Caltrans assesses Transportation Impact Studies, please review Caltrans’ Transportation Impact Study Guide (link).

The project VMT analysis and significance determination are undertaken in a manner consistent with the city’s adopted VMT policy. Per the IS/MND, this project is found to have a less than significant VMT impact, therefore working towards meeting the State’s VMT reduction goals.

Hydrology
If the project involves drainage work that flows into the State Drainage System, please provide a drainage design memo. The memo should show how the proposed drainage system flows on the plans. Drainage design memo should include pre- and post-project flows to the existing drainage system. Drainage Plan and Profile Sheets should include lengths, size, and types of new and existing pipes, inlets, outlets, and systems showing any utility conflicts. Include drainage details and profiles for connection to the existing drainage system. Assumptions and calculations used in designing the drainage system should be shown as well.

Multimodal Transportation Planning
Please review and include the reference to the Caltrans District 4 Pedestrian Plan (2021) and the Caltrans District 4 Bike Plan (2018) in the IS/MND. These two plans studied existing conditions for walking and biking along and across the State Transportation Network (STN) in the nine-county Bay Area and developed a list of location-based and prioritized needs.

Please note that any Complete Streets reference should be updated to reflect Caltrans Director’s Policy 37 (link) that highlights the importance of addressing the needs of non-motorists and prioritizing space-efficient forms of mobility, while also facilitating goods movement in a manner with the least environmental and social impacts. This supersedes Deputy Directive 64-R1, and further builds upon its goals of focusing on the movement of people and goods.

Construction-Related Impact

Potential impacts to Caltrans’ Right-of-Way (ROW) from project-related temporary access points should be analyzed. Mitigation for significant impacts due to construction and noise should be identified. Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link).

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 3 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment” Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the STN.

Lead Agency
As the Lead Agency, the city of Santa Clara is responsible for all project mitigation, including any needed improvements to the STN. The project’s fair share contribution, financing, scheduling, implementation responsibilities and lead agency monitoring should be fully discussed for all proposed mitigation measures.

Equitable Access
If any Caltrans facilities are impacted by the project, those facilities must meet American Disabilities Act (ADA) Standards after project completion. As well, the project must maintain bicycle and pedestrian access during construction. These access considerations support Caltrans’ equity mission to provide a safe, sustainable, and equitable transportation network for all users.

Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans’ ROW requires a Caltrans-issued encroachment permit, including relocation of driveways and/or any tree removal work that requires the use of Caltrans’ ROW.

As part of the encroachment permit submittal process, you may be asked by the Office of Encroachment Permits to submit a completed encroachment permit application package, digital set of plans clearly delineating Caltrans’ ROW, digital copy of signed, dated and stamped (include stamp expiration date) traffic control plans, this comment letter, your response to the comment letter, and where applicable, the following items: new or amended Maintenance Agreement (MA), approved Design Standard Decision Document (DSDD), approved encroachment exception request, and/or airspace lease agreement. Your application package may be emailed to [email protected].

To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 4 ends

“Provide a safe and reliable transportation network that serves all people and respects the environment” Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Marley Mathews, LDR Coordinator/Transportation Planner, via [email protected].

For future early coordination opportunities or project referrals, please contact LDR- [email protected].

Sincerely,

YUNSHENG LUO
Acting District Branch Chief
Local Development Review
c: State Clearinghouse

“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov

July 28, 2023 SCH #: 2023060805
GTS #: 04-SCL-2023-01214
GTS ID: 30307
Co/Rt/Pm: SCL/82/13.94

Project Understanding
The project proposes to demolish the existing commercial building and construct 22 three-story townhouses where each townhouse would have a two-car garage.

Additional site features include bike parking and approximately 9,887 square feet of common open space.

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 2 ends

Construction-Related Impact

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 3 ends

To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 4 ends

For future early coordination opportunities or project referrals, please contact LDR- [email protected].

Sincerely,

YUNSHENG LUO
Acting District Branch Chief
Local Development Review
c: State Clearinghouse

Responses to Initial Study/MND Comments
3378-3386 El Camino Real ResidenƟal Project
August 2023
In ConsultaƟon with
Prepared by
3378-3386 El Camino Real Residential Project i Responses to Initial Study/MND Comments City of Santa Clara August 2023

TABLE OF CONTENTS
Section 1.0 Responses to Initial Study/Mitigated Negative Declaration Comments ........................ 1 Section 2.0 Draft Initial Study/Mitgated Negative Declaration Text Revisions ............................... 6 Attachment A: Initial Study Comment Letter

SECTION 1.0 RESPONSES TO INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION COMMENTS
In accordance with CEQA Guidelines Section 15088, this document includes written responses to comments received by the City of Santa Clara on the Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND was circulated for 30 days from July 3, 2023 to August 2, 2023.

Comments are organized under headings containing the source of the letter and its date. The specific comments from each of the letter are presented with each response to that specific comment directly following. A copy of the letter is included in its entirety in Appendix A of this document. Comments received on the IS/MND are listed below.

Comment Letter and Commenter Page of Response

A. California Department of Transportation (July 28, 2023) .................................................. 2

3378-3386 El Camino Real Residential Project 2 Responses to Initial Study/MND Comments City of Santa Clara August 2023
A. California Department of Transportation (July 28, 2023)

Comment A.1: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the 3378-3386 El Camino Real Residential. We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system.

Project Understanding
The project proposes to demolish the existing commercial building and construct 22 three-story townhouses where each townhouse would have a two-car garage. Additional site features include bike parking and approximately 9,887 square feet of common open space.

Travel Demand Analysis
With the enactment of Senate Bill (SB) 743, Caltrans is focused on maximizing efficient development patterns, innovative travel demand reduction strategies, and multimodal improvements.

For more information on how Caltrans assesses Transportation Impact Studies, please review Caltrans’ Transportation Impact Study Guide (link).

Response A.1: The commenter has correctly summarized the project and the determination of the project’s vehicle miles traveled (VMT) impact. This comment does not raise any issues about the adequacy of the IS/MND. Therefore, no further response is required.

Comment A.2: Hydrology
If the project involves drainage work that flows into the State Drainage System, please provide a drainage design memo. The memo should show how the proposed drainage system flows on the plans. Drainage design memo should include pre- and post-project flows to the existing drainage system. Drainage Plan and Profile Sheets should include lengths, size, and types of new and existing pipes, inlets, outlets, and systems showing any utility conflicts. Include drainage details and profiles for connection to the existing drainage system. Assumptions and calculations used in designing the drainage system should be shown as well.

3378-3386 El Camino Real Residential Project 3 Responses to Initial Study/MND Comments City of Santa Clara August 2023
Response A.2: The City of Santa Clara owns and maintains the municipal storm drainage system which serves the project site. The lines that serve the project site drain into tributaries and streams in the area and eventually to the San Francisco Bay.

As mentioned on page 141 of the IS/MND, the proposed project would be required to adhere to local, regional and statewide regulations pertaining to stormwater runoff during construction and operation. The plan set dated January 6, 2023, includes a utility plan sheet which shows the existing and proposed storm drain lines and stormwater control plan sheets which provide additional details of the proposed treatment control measures. This comment does not raise any issues about the adequacy of the IS/MND. Therefore, no further response is required.

Comment A.3: Multimodal Transportation Planning
Please review and include the reference to the Caltrans District 4 Pedestrian Plan (2021) and the Caltrans District 4 Bike Plan (2018) in the IS/MND. These two plans studied existing conditions for walking and biking along and across the State Transportation Network (STN) in the nine-county Bay Area and developed a list of location-based and prioritized needs.

Response A.3: The regulatory framework in Section 4.17 has been updated to include the Caltrans District 4 Pedestrian Plan and the Caltrans District Bike Plan (refer to Section 2.0 of this document for the text revisions. The IS/MND does not include references to complete streets. Therefore, this comment does not raise any issues about the adequacy of the IS/MND. No further response is required.

Comment A.4: Construction-Related Impact
Potential impacts to Caltrans’ Right-of-Way (ROW) from project-related temporary access points should be analyzed. Mitigation for significant impacts due to construction and noise should be identified. Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link).

Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the STN.

Response A.4: The IS/MND includes an analysis of Air Quality, Noise, and Hazard and Hazardous Materials impacts associated with the proposed project. These impacts were found to be less than significant or were mitigated to a less than significant level with the incorporation of measures as identified in Sections 4.3, 4.9, and 4.13 of the IS/MND. The proposed project would be required to acquire all necessary permits from Caltrans to complete construction. Additionally, the proposed project will coordinate with Caltrans on the development of a TMP, if required.

3378-3386 El Camino Real Residential Project 4 Responses to Initial Study/MND Comments City of Santa Clara August 2023
Comment A.5: Lead Agency
As the Lead Agency, the city of Santa Clara is responsible for all project mitigation, including any needed improvements to the STN. The project’s fair share contribution, financing, scheduling, implementation responsibilities and lead agency monitoring should be fully discussed for all proposed mitigation measures.

Response A.5: The City of Santa Clara prepared a Mitigation Monitoring and Reporting Program (MMRP) which details all mitigation to be incorporated into the project, the timing of implementation, and the responsibility for oversight. The City is responsible for ensuring that all mitigation measures are adhered to. No impacts to the STN were identified.

Additionally, the proposed project would be required to comply with state and local regulations for ADA accessibility and maintain bicycle and pedestrian access during construction. This comment does not raise any issues about the adequacy of the IS/MND. Therefore, no further response is required.

Comment A.6: Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans’ ROW requires a Caltrans-issued encroachment permit, including relocation of driveways and/or any tree removal work that requires the use of Caltrans’ ROW.

To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Marley Mathews, LDR Coordinator/Transportation Planner, via [email protected].

For future early coordination opportunities or project referrals, please contact [email protected].

3378-3386 El Camino Real Residential Project 5 Responses to Initial Study/MND Comments City of Santa Clara August 2023
Response A.6: The proposed project will comply with all applicable requirements for any work that encroaches onto Caltrans’ ROW. This comment does not raise any issues about the adequacy of the IS/MND. Therefore, no further response is required.

3378-3386 El Camino Real Residential Project 6 Responses to Initial Study/MND Comments City of Santa Clara August 2023
SECTION 2.0 DRAFT INITIAL STUDY/MITGATED NEGATIVE

DECLARATION TEXT REVISIONS
This section contains revisions to the text of the 3378-3386 El Camino Real Residential IS/MND dated June 2023. Revised or new language is underlined. All deletions are shown with a line through the text.

Section 4.1.1.2, The third paragraph will be REVISED as follows:

Page 13 ends

Immediately east of the site is a used car dealership. A one-story office is located on the dealership lot and is set back further from El Camino Real than the existing building on-site. A billboard is located on the dealership lotsite, adjacent to the property line shared with the project site. A two-story, multifamily apartment complex is located south of the project site. Refer to Photos 3 and 4. A full access driveway along El Camino Real (adjacent to the west boundary of the project site) provides access and parking to the apartment complex, in addition to the two-story commercial building located west of the site.

Similar to the existing commercial buildings along El Camino Real, the two-story building is set back from the roadway via sidewalks and a surface parking lot. The building is occupied by various businesses and entrances are located along the eastern building façade. West of this building is a mixed-use development currently under construction. Refer to Photos 5 and 6.

Section 4.17.1.1, A new subheading and paragraph will be ADDED under the State

Page 128 ends

Caltrans District 4 Bike Plan (2018)

The Caltrans District 4 Bike Plan (Bike Plan) was developed in cooperation with local and regional partners to ensure that the improvements to the State highway system complement proposals for local networks. The Bike Plan identifies infrastructure improvements that can enhance bicycle safety and mobility throughout District 4 and removes some of the barriers to bicycling in the region and prioritizes utilitarian bicycle travel to work, school, shopping, and other similar purposes, or to connect to transit.

Section 4.17.1.1, A new subheading and paragraph will be ADDED under the State

Page 128 ends

Caltrans District 4 Pedestrian Plan (2021)

The Caltrans District 4 Pedestrian Plan (Pedestrian Plan) identifies and prioritizes pedestrian needs along and across the State Highway

3378-3386 El Camino Real Residential Project 7 Responses to Initial Study/MND Comments City of Santa Clara August 2023
System. The Pedestrian Plan complements the Bike Plan and both documents promote alternatives to driving as a means to reduce congestion and GHGs. The Pedestrian Plan would be used by Caltrans staff, as well as regional and local agency partners, to address high priority needs along and across the State Transportation Network, which includes the State Highway System and all other multi-modal facilities owned and operated by Caltrans, including parallel paths, frontage roads, and other facilities not directly on a State Highway System mainline.

Attachment A: Initial Study Comment Letter

“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov

July 28, 2023 SCH #: 2023060805
GTS #: 04-SCL-2023-01214
GTS ID: 30307
Co/Rt/Pm: SCL/82/13.94

Project Understanding
The project proposes to demolish the existing commercial building and construct 22 three-story townhouses where each townhouse would have a two-car garage.

Additional site features include bike parking and approximately 9,887 square feet of common open space.

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 2 ends

Construction-Related Impact

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 3 ends

To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 4 ends

For future early coordination opportunities or project referrals, please contact LDR- [email protected].

Sincerely,

YUNSHENG LUO
Acting District Branch Chief
Local Development Review
c: State Clearinghouse

BKF ENGINEERS
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
-±-
T . a:
~:
/}:::::::::::····
:.:, _ '·'·''·'·'·-'·'·'"'-'-'-"'=
+-f ❖:o 5.0' LOT 1
I i,;;rPSDE ,.m,
I ~,:',j

I I ----
: r-----LOT2
!I~---<>-
: ,.oeo sr
L _____ _
I LOH
1,080 SF
I I
i L __________ _
I

LI --------

4. ASSESSORSPARCELN0.
.5. GENERAL PLAN:

II EXISllNGZONING:

7. PROPOSEDZONINC:
8_ EXISllNGUSE:
i. PROPOSED USE:

11.NUMBEROf"UNITS:

12.NUMBEROf"LOTS
290-02-102
COMMUNITY Ml:::Ol,IMERaAL)
:~ ::::::FARE COMMERaAL)
RESIDENllAL
~~r~.~~ct~ES
I LOT 10 I
, .• ,." I
------i
LOT 11 I
I
--=-----7
LOT 12
1,141 SF I
I
J

COMMON LOT A

COMMON LOT B

COMMON LOT C

COMMONLOTO
LOT 1-22
m~
U.EASEMENTS:

I
I
LOT 17
1,257 SF

EL CAMINO REAL
L_ _____ _
: I _____ _J I
--- I I
----LOT10 : I
--;~~ --=--~ --, i
LOT20 I I
1,000 51' I I
-------i I

1.8'
,.,., //✓/),
~~ -----~ i
LOT 22
1,2SCISF'
I I
I I
I I
I I
_J I
LE G~N -°~-PROPERTY LINE
V Z L2--'.;I
~
[,';':,°;"';'~
c:::;~:~::;:i
si~~:§l

STREET CENTER LINE
(UCEE/PSSE/PSDE/PWE/PIEE)
=~Nrc~~QETER
=N~~~JRAIN
=~~f(~~:iECTRIC
WATER UllUTY EASEMENT (111\JE)
GRAPHIC SCAL£
~ 9

City Council and Authorities ConcurrentDecember 5, 2023

City Council and Authorities Concurrent
December 5, 2023