Agenda packet — City Council and Authorities Concurrent, December 19, 2023 (part 2 of 2)

If neither measure (a) nor measure (b) is feasible, then the City shall, as applicable and to the extent feasible, implement the following measures in the following order:

(c) Document the historic resource before any changes that would cause a loss of integrity and loss of continued eligibility. The documentation shall adhere to the Secretary of the Interior's Standards for Architectural and Engineering Documentation.

The level of documentation shall be proportionate with the level of significance of the resource. The documentation shall be made available for inclusion in the Historic American Building Survey (HABS) or the Historic American Engineering Record (HAER) Collections in the Library of Congress, the California Historical Resources Information System (CHRIS), and the Bancroft Library, as well as local libraries and historical societies.

(d) Retain and reuse the historic resource to the maximum feasible extent and continue to apply the Secretary of the Interior’s Standards to the maximum feasible extent in all alterations, additions, and new construction.
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(e) Through careful methods of planned deconstruction to avoid damage and loss, salvage character-defining features and materials for educational and interpretive use on-site, or for reuse in new construction on the site in a way that commemorates their original use and significance.

(f) Interpret the historical significance of the resource through a permanent exhibit or program in a publicly accessible location on the site or elsewhere within the Specific Plan Area.

MM 7-2: During the City’s standard project-specific review process for all future, discretionary, public improvement and private development projects in the Patrick Henry Drive Specific Plan Area, the City shall determine the possible presence of, and the potential for new or substantially more severe impacts of the action on, archaeological resources and tribal cultural resources. The City shall require individual project applicants or environmental consultants to contact the California Historical Resources Information System (CHRIS) to determine whether the particular project is locate d in a sensitive area. Future discretionary development projects that CHRIS determines may be located in a sensitive area - i.e., on or adjoining an identified archaeological site - shall proceed only after the project applicant contracts with an archaeolo gist who meets the Secretary of the Interior’s Professional Qualifications Standards, to conduct a determination in regard to cultural values remaining on the site and warranted mitigation measures, as described directly below.

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

In addition, the City shall continue to notify the Native American tribes traditionally and culturally affiliated with the Specific Plan Area of the discretionary, public improvement and private development projects if those proposed improvements or projects are subject to a CEQA Negative Declaration (including Mitigated Negative Declaration) or Environmental Impact Report (EIR), in accordance with California Assembly Bill 52, and if a Native American tribe requests consultation, conduct a good faith consultation.

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

 Planning construction to avoid the archaeological or tribal cultural site;  Incorporating the site within a park, green space, or other open space element;  Covering the site with a layer of chemically stable soil; or  Deeding the site into a permanent conservation easement.

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

Identified cultural resources shall be recorded on form DPR 422 (archaeological sites).

Mitigation measures recommended by these two groups (CHRIS and NAHC), as reviewed and approved by the City, shall be undertaken prior to and during construction activities. Although the precise details of the mitigation measures would be specific to the particular project site, the measures shall be consistent with the avoidance and mitigation strategies described above in this programmatic mitigation measure.

A data recovery plan and data recovery for a historic resource shall not be required if the City determines that testing or studies already completed have adequately recovered the necessary data, provided that the data have already been documented in an EIR or are available for review at the CHRIS Northwest Information Center (CEQA Guidelines section 15126.4[b]).

Resource identification training procedures shall be im plemented for construction personnel, conducted by an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards. In the event that subsurface cultural resources are otherwise encountered during approved ground-disturbing activities for a Plan Area construction activity, work within 50 feet shall be stopped and a qualified archaeologist retained to evaluate the finds following the procedures described above. Project personnel shall not collect cultural resources. Although work may continue beyond 50 feet, the archaeologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to archaeological resources.

If human remains are found, the rules set forth in State Health and Safety Code section 7050.5 and CEQA Guidelines section 15126.4(b) apply and shall be followed.

GEOLOGY AND SOILS

MM 8-3: Subject to City review and approval, complete and implement the geotechnical mitigation recommendations identified in the required individual project - and site-specific geotechnical investigations and engineering studies for site -specific proposals, in coordination with City grading permit and building permit performance standards. Such recommendations shall address design - and construction-level details regarding engineering issues and solutions such as the type of building foundation, the extent of subsurface excavation, the details of retaining structures, and any need for subsurface water extraction.

MM 8-4: For all public improvement and private development projects in the Patrick Henry Drive Specific Plan Area, the following measures shall be implemented:

(1) Education Program. Project applicants shall implement a program that includes the following elements:
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 Resource identification training procedures for construction personnel, conducted by a paleontologist who meets the Secretary of the Interior’s Professional Qualifications Standards;
 Spot-checks and monitoring by a qualified paleontologist of all excavations deeper than seven feet below ground surface; and
 Procedures for reporting discoveries and their geologic context.

(2) Procedures for Resources Encountered. If subsurface paleontological resources are encountered, excavation shall halt within a buffer area of at least 50 feet around the find, where construction activities will not be allowed to continue until the project paleontologist evaluates the resource and its stratigraphic context. Work shall be allowed to continue outside the buffer area; however, the paleontologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. During monitoring, if potentially significant paleontological resources are found, “standard” samples shall be collected and processed by a qualified paleontologist to recover micro vertebrate fossils. If significant fossils are found and collected, they shall be prepared to a reasonable point of identification. Excess sediment or matrix shall be removed from the specimens to reduce the bulk and cost of storage.

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

NOISE

MM 13-1: Reduce Construction Noise Levels. To reduce potential noise levels from Specific Plan related construction activities, the City shall ensure future development projects within the Plan Area:

1) Notify Residential and Commercial Land Uses of Planned Construction Activities. This notice shall be provided at least one week prior to the start of any construction activities, describe the noise control measures to be implemented by the Project, and include the name and phone number of the designated contact for the Applicant/project representative and the City of Santa Clara responsible for handling construction-related noise complaints (per Section 8). This notice shall be provided to: A) The owner/occupants of residential dwelling units within 500 feet of construction work areas; B) The owner/occupants of commercial buildings (including Mission College) within 200 feet of construction work areas or within 400 feet of construction work areas if pile driving equipment will be used; and C) Mission College when construction work areas are within 500 feet of College athletic fields.

2) Notify C alaveras Creek Trail Users of Construction Activities. Prior to the start of construction activities within 500 feet of Calaveras Creek Trail, signs shall be posted along the trail warning of potential temporary elevated noise levels during construction.

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substantial noise generating construction activities (typically demolition, grading, and initial foundation installation activities).

3) Restrict Work Hours . All construction -related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 9.10.230.

Construction activities, including deliveries, shall occur only during the hours of 7:00 AM to 6:00 PM, Monday through Friday, and 9 AM to 6 PM on Saturday, unless otherwise authorized by City permit. The applicant/project representative and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, construction workers, etc. of this requirement.

4) Control Construction Traffic and Site Access. Construction traffic, including soil and debris hauling, shall follow City-designated truck routes and shall avoid routes (including local roads in the Plan Area) that contain residential dwelling units to the maximum extent feasible given specific project location and access needs.

5) Construction Equipment Selection, Use, and Noise Control Measures. The following measures shall apply to construction equipment used in the Plan Area: A) To the extent feasible, contractors shall use the smallest size equipment capable of safely completing work activities; B) Construction staging shall occur as far away from residential and commercial land uses as possible; C) All stationary noise-generating equipment such as pumps, compressors, and welding machines shall be shielded and located as far from sensitive receptor locations as p ractical. Shielding may consist of existing vacant structures or a three- or four-sided enclosure provide the structure/barrier breaks the line of sight between the equipment and the receptor and provides for proper ventilation and equipment operations; D) Heavy equipment engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, mounts, etc. These devices shall be maintained in accordance with manufacturer’s recommendations during act ive construction activities; E) Pneumatic tools shall include a noise suppression device on the compressed air exhaust; F) The applicant/project representative and/or their contractor shall connect to existing electrical service at the site to avoid the use of stationary power generators; G) No radios or other amplified sound devices shall be audible beyond the property line of the construction site.

6) Implement Construction Activity Noise Control Measures: The following measures shall apply to construc tion activities in the Plan Area: A) Demolition: Activities shall be sequenced to take advantage of existing shielding/noise reduction provided by existing buildings or parts of buildings and methods that minimize noise and vibration, such as sawing concrete blocks, prohibiting on -site hydraulic breakers, crushing, or other pulverization activities, shall be employed to the maximum extent feasible; B) Demolition Site Preparation, Grading, and Foundation Work: During all demolition, site preparation, grading, and structure foundation work activities within 500 feet of a residential dwelling unit or 250 feet of a commercial building (including Mission College), a physical noise barrier capable of achieving a minimum 10 dB reduction in construction noise levels shall be installed and maintained around the site perimeter to the maximum extent feasible given site constraints and access requirements. Potential barrier options capable of achieving a 10 dB reduction in construction noise levels could include, but are not limited to: i) A six -foot-high concrete, wood, or other barrier installed at -grade (or mounted to structures located at -grade, such as a K -Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) that has a minimum rated transmission 5 – Applicable Mitigation Measures
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loss value of 20 dB; ii) Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB; iii) any combination of noise barriers and commercial products capable of achieving a 10 dBA reduction in construction noise levels during demolition, site preparation, grading, and structure foundation work activities; iv) The noise barrier may be removed following the completion of building foundation work (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site); and C) Pile Driving: If pile driving activities are required within 500 feet of a residential dwelling unit or 400 feet of a commercial building (including Mission College), the piles shall be pre -drilled with an auger to minimize pile driving equipment run times.

7) Prepare Project -Specific Construction Noise Evaluation. Prior to the start of any specific construction project lasting 12 months or more, the City shall review and approve a project-specific construction noise evaluation prepared by a qualified acoustical consultant that: A) Identifies the planned project construction sequence and equipment usage; B) Identifies typical hourly average construction noise levels for project construction equipment; C) Compares hourly average construction noise levels to ambient noise levels at residential and commercial land uses near work areas (ambient noise levels may be newly measured or presumed to be consistent with those levels shown in Table 13 -2 and 13 -3 of the Patrick Henry Drive Specific Plan Draft Environmental Impact Report (EIR); and D) Identifies construct ion noise control measures incorporated into the project that ensure: i) activities do not generate noise levels that are above 60 dBA Leq at a residential dwelling unit and exceed the ambient noise environment by at least 5 dBA Leq for more than one year; and ii) activities do not generate noise levels that are above 70 dBA Leq at a commercial building (including Mission College) and exceed the ambient noise environment by at least 5 dBA Leq for more than one year. Such measures may include, but are limited to: a) The requirements of Sections 4, 5, 6, and 8; B) Additional project and/or equipment -specific enclosures, barriers, shrouds, or other noise suppression methods. The use of noise control blankets on building facades shall be considered only if noise complaints are not resolvable with other means or methods.

8) Prepare a Construction Noise Complaint Plan. The Construction Noise Complaint Plan shall: A) Identify the name and/or title and contact information (including phone number and email) for a des ignated project and City representative responsible for addressing construction-related noise issues; B) Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints; C) At a mini mum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint; D) The elements of the Cons truction Noise Complaint Plan may be included in the project-specific noise evaluation prepared to satisfy Section 7 or as a separate document.

9) Owner/Occupant Disclosure : The City shall require future occupants/tenants in the Plan Area receive disclosure that properties in the Plan Area may be subject to elevated construction noise levels from development in the Plan Area. This disclosure shall be provided as part of the mortgage, lease, sublease, and/or other contractual real-estate transaction associated with the subject property.

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MM 13-2: Reduce Construction Vibration Levels. To reduce potential vibration-related structural damage and other excessive vibration levels from Specific Plan related construction activities, the City shall ensure future development projects within the Plan Area:

1) Notify Residential and Commercial Land Uses of Planned Construction Activities. See Patrick Henry Drive Specific Plan Draft Environmental Impact Report (EIR) Mitigation Measure 13-1, Section 1.

2) Restrict Work Hours . See Patrick Henry Drive Specific Plan Draft EIR Mitigation Measure 13-1, Section 2.

3) Prohibit Vibratory Equipment if Feasible. The use of large vibratory rollers, vibratory/ impact hammers, and other potential large vibration-generating equipment (e.g., hydraulic breakers/hoe rams) shall be prohibited within 100 feet of any residential building façade and 50 feet of any commercial building façade during construction activities. Plate compactors and compactor rollers are acceptable, and deep foundation piers or caissons shall be auger drilled.

4) Prepare Project-Specific Construction Vibration Evaluation Plan. If it is not feasible to prohibit vibratory equipment per Section 3) due to site- or project-specific conditions or design considerations, the City shall review and approve a project-specific construction vibration evaluation that: A) Identifies the project’s planned vibration -generating construction activities (e.g., demolition, pile driving, vibratory compaction); B) the potential project-specific vibration levels (given project -specific equipment and soil conditions, if known) at specific building locations that may be impacted by the vibration- generating work activities (generally buildings within 50 feet of the work area); C) Identifies the vibration control measures incorporated into the project that ensure equipment and work activities would not damage buildings or result in vibrations that exceed Caltrans’ strongly perceptible vibration detection threshold for peak parti cle velocity (PPV) of 0.1 inches/ second (in/sec). Such measures may include, but are not limited to: i) the requirements of Sections 1, 2, and 3; ii) the use of vibration monitoring to measure actual vibration levels; iii) the use of photo monitoring or o ther records to document building conditions prior to, during, and after construction activities; and iv) the use of other measures such as trenches or wave barriers; D) Identifies the name (or title) and contact information (including phone number and email) of the Contractor and City representatives responsible for addressing construction vibration-related issues; and E) Includes procedures describing how the construction contractor will receive, respond, and resolve to construction vibration complaints. At a minimum, upon receipt of a vibration complaint, the Contractor and/or City representative described in the first sub- bullet above shall identify the vibration source generating the complaint, determine the cause of the complaint, and take steps to res olve the complaint by reducing ground - borne vibration levels to peak particle velocity levels that do not exceed accepted guidance or thresholds for structural damage that are best applicable to potentially impacted buildings (e.g., see Patrick Henry Drive Specific Plan Draft EIR Table 13-6) and Caltrans’ strongly perceptible vibration detection threshold (PPV of 0.1 in/sec, see Patrick Henry Drive Specific Plan Draft EIR Table 13-7).

MM 13-3: Control Fixed and Other On-site Noise -Generating Sources and Activities. To ensure on-site, operations-related equipment and activities associated with the Specific Plan do not generate noise levels that exceed City standards or otherwise result in a substantial permanent increase in ambient noise levels, future dev elopment projects 5 – Applicable Mitigation Measures
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shall submit a project -specific operational noise analysis to the City for review and approval prior to the issuance of the first building permit for the project, or as otherwise determined by the City. The noise analysis shall be prepared by a qualified acoustical consultant and shall identify all major fixed machinery and equipment, non -residential truck docks/dedicated loading zones, waste collection areas, and above ground parking garages included in the final project design/site plan. The noise analysis shall also document how project noise sources and activities will comply with the exterior sound limits established in Municipal Code Section 9.10.040, Schedule A and the noise compatibility guidelines in General Plan Table 8.14-1. Fixed machinery and equipment may include, but is not limited to, pumps, fans (including air intake or exhaust fans in parking garages), compressors, air conditioners, generators, and refrigeration equipment. The control of noise from such equipment may be accomplished by selecting quiet equipment types, siting machinery and equipment inside buildings, within an enclosure (e.g., equipment cabinet or mechanical closets, or behind a parapet wall or other barrier/shielding. Truck docks/dedicated loading zones consist of a loading dock or other dedicated area for the regular loading and unloading of retail, commercial, or other non-residential goods from delivery trucks. The control of noise from such truck docks/loading areas, waste collection areas, and parking garages may be accomplished by placing such areas away from sensitive land uses, restricting activities or operating hours for certain areas, or other design means.

TRIBAL CULTURAL RESOURCES

MM 7-2: During the City’s standard project-specific review p rocess for all future, discretionary, public improvement and private development projects in the Patrick Henry Drive Specific Plan Area, the City shall determine the possible presence of, and the potential for new or substantially more severe impacts of the action on, archaeological resources and tribal cultural resources. The City shall require individual project applicants or environmental consultants to contact the California Historical Resources Information System (CHRIS) to determine whether the particular project is located in a sensitive area. Future discretionary development projects that CHRIS determines may be located in a sensitive area - i.e., on or adjoining an identified archaeological site - shall proceed only after the project applicant con tracts with an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards, to conduct a determination in regard to cultural values remaining on the site and warranted mitigation measures, as described directly below.

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

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

Identified cultural resources shall be recorded on form DPR 422 (archaeological sites).

Mitigation measures recommended by these two group s (CHRIS and NAHC), as reviewed and approved by the City, shall be undertaken prior to and during construction activities. Although the precise details of the mitigation measures would be specific to the particular project site, the measures shall be consistent with the avoidance and mitigation strategies described above in this programmatic mitigation measure.

Resource identification train ing procedures shall be implemented for construction personnel, conducted by an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards. In the event that subsurface cultural resources are otherwise encountered during approved ground-disturbing activities for a Plan Area construction activity, work within 50 feet shall be stopped and a qualified archaeologist retained to evaluate the finds following the procedures described above. Project personnel shall not collect cul tural resources. Although work may continue beyond 50 feet, the archaeologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to archaeological resources.

If human remains are found, the rules set forth in State Health and Safety Code section 7050.5 and CEQA Guidelines section 15126.4(b) apply and shall be followed.

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UTILITIES AND SERVICE SYSTEMS

MM 18-1: Consistent with SB 221 and SB 610, no tentative map, Architectural/Design Review, or development agreement for a proposed, individual project shall be approved until the City of Santa Clara Water & Sewer Utilities Department confirms that water supplies are adequate for each individual project. Such confirmation shall include an updated description of the city wide water supply situation (including any plans for pumping additional groundwater) at that future time, reflecting any progress on City plans for expanding its recycled water program and any City requirements for implementing additional “best management practices” (BMPs) related to recycled water use and/or water conservation. These City actions would ensure a continual monitoring of citywide water supply throughout implementation of the Specific Plan.

The following subsequent Freedom Circle Future Focus Area EIR mitigation measures are incorporated by reference and are applicable to the proposed project:

AESTHETICS

MM 4-3: As required by the City of Santa Clara General Plan, the City shall prepare a future comprehensive planning study for the Freedom Circle Focus Area Plan (whether a specific plan or another type of plan) and it shall include the following performance and design standards and guidelines that apply to all future individual development proposals in the Plan Area to minimize visual impacts by: (a) those enhancing form and design in the Plan Area; (b) those incorporating land use densities and associated changes in intensity consistent with the General Plan; (c) those encouraging street trees and landscaping along corridors to beautify the streetscape; (d) those coordinating signage color, shape, and graphic styles with the City’s signage system; (e) those including standards to ensure compatibility of new development with nearby existing and planned development; (f) those establishing standards related to building form, mass, and scale that enhance the pedestrian realm and provide transitions to adjacent lower -density development and public spaces; (g) those including guidelines and standards for pedestrian ame nities; and (h) those fostering site design so that building height and massing would not overshadow new parks and plazas and/or interfere with solar collectors. Incorporation of such performance and design standards and guidelines in the required comprehensive planning study for the Plan Area would minimize conflicts with General Plan policies pertaining to visual character.

AIR QUALITY

MM 5-3A: Implement BAAQMD Basic Construction Mitigation Measures. The City shall require new development projects occurring under implementation of the Freedom Circle Focus Area Plan to implement the BAAQMD’s Basic Control Mitigation Measures to address fugitive dust emissions that would occur during earthmoving activities associated with project construction. These measures include:

1. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off -site shall be covered.
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3. 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.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. 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.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 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.

7. 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.

8. Post a publicly visible sign with the telephone number and person to contact at the City regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall als o be visible to ensure compliance with applicable regulations.

MM 5-3B: Require a Project-level Construction Assessment for New Development Proposed Under Implementation of the Freedom Circle Focus Area Plan. The City shall require applicants to submit a quantitative project -level construction criteria air pollutant and toxic air contaminant emissions analysis for future development proposed under implementation of the Freedom Circle Focus Area Plan. The estimated construction criteria air pollutant and toxic air contaminant emissions shall be compared against the thresholds of significance maintained by the Bay Area Air Quality Management District (BAAQMD) and, if emissions are shown to be above BAAQMD thresholds, the City shall require the implementation of mitigation to reduce emissions below BAAQMD thresholds or to the maximum extent feasible. Mitigation measures to reduce emissions could include, but are not limited to:

 Selection of specific construction equipment (e.g., specialized pieces of equipment with smaller engines or equipment that will be more efficient and reduce engine runtime);
 Requiring equipment to use alternative fuel sources (e.g., electric -powered and liquefied or compressed natural gas), meet cleaner emission standards (e.g., U.S.

EPA Tier IV Final emissions standards for equipment greater than 50-horsepower), and/or utilizing added exhaust devices (e.g., Level 3 Diesel Particular Filter);  Minimizing the idling time of diesel-powered construction equipment to two minutes;  Requiring that all construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of NOx and PM;  Requiring all contractors use equipment that meets CARB’s most recent certification standard for off-road heavy-duty diesel engines; and
 Application of Low-VOC paints to interior and/or exterior surfaces (e.g., paints that meet SCAQMD Rule 1113 “Low-VOC” or “Super-Compliant” requirements).

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

MM 5-3D: Implement TDM Program. Proposed re sidential and office land uses within the Freedom Circle Focus Area Plan shall prepare and implement Transportation Demand Management (TDM) programs that achieve a minimum reduction in vehicle miles traveled (VMT) of 20 percent compared to baseline conditions (i.e., without internal or external reductions accounted for, such as geographic location, land use interconnectivity, etc.), with at least 10 percent of the reduction coming through project- specific TDM measures (e.g., transit subsidies, telecommuting options, etc.).

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

MM 5-4B: Use Low- and Super Compliant VOC Architectural Coatings During Construction.

During construction, the City shall require the Greystar Project use architectural coatings for exterior a pplications that meet “Low -VOC” or “Super -Compliant” standards, as defined in South Coast Air Quality Management District AQMD Rule 1113. “Super - Compliant” refers to paints that have been reformulated to levels well below the “Low - VOC” limits.

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

BIOLOGICAL RESOURCES

MM 6-2: Upon receiving applications for projects within the project area, the City shall evaluate the need for a specific biological resource survey of the project area and adjacent area that may be indirectly impacted by project work. If no biological resources are determined to be at risk for an individual project (i.e., potential for bird and bat species, within and directly adjacent to the project area, to occur and/or be affected by project activ ities is negligible), no further survey shall be required. However, if the City determines that biological resources within the proposed project area require further analysis, the project proponent shall be required to conduct a biological resource survey of the habitat and special-status species that may be impacted by project activities, either directly or indirectly. A report shall be provided to the City detailing survey methods, results, performance standards, and avoidance and minimization measures required to protect any special-status species with potential to be impacted, consistent with the regulatory agency protocols.

MM 6-3: Before any project work within the project area, including the Greystar project site, a qualified botanist shall conduct s ite-specific, focused surveys according to CDFW guidelines to determine presence or absence of special-status plant species on the individual project site and any adjacent potential area of disturbance. A comprehensive, site-wide survey should be conducted within May to September before project work begins, to encompass the Congdon’s tarplant and arcuate bush mallow’s blooming periods. Following the completion of the surveys, a survey results report shall be prepared and provided to the City. This report should include, but should not be limited to, the following: (1) a description of the survey methodology; (2) a discussion of the 5 – Applicable Mitigation Measures
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survey results; and (3) a map showing the survey area and the location of any special- status plants encountered. If no rare plan ts are found, then no further mitigation would be required.

If rare plants are found during the survey, the number of individuals present shall be documented, and the limits of population shall be marked with flagging. The flagged border of the population shall be avoided by construction personnel for the duration of the project. If the species cannot be avoided or may be indirectly impacted, the applicant shall notify CDFW to discuss avoidance, minimization, and other measures as appropriate for each species population, including measures to be taken and protocols to be followed if special -status plants are inadvertently disturbed during construction activities.

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

Specific amount and method of mitigation and/or credits shall be determined in formal consultation with CDFW and/or USFWS.

MM 6-4: The demolition of any buildings, disturbance of gravel substrate, and/or removal of trees, shrubs, or weedy vegetation shall be avoided during the February 1 through August 31 bird nesting period to the extent possible. If no demolition, gravel disturbance, vegetation, or tree removal is proposed during the nesting period, no further action is required. If it is not feasible to avoid the nesting period, the project applicant shall retain a qualified wildlife biologist to conduct a survey for nesting birds at most 14 days prior to the start of removal of trees, shrubs, grassland vegetation, or buildings, including prior to grading or other construction activity. If demolition of buildings, disturbance of gravel substrate, or vegetation removal efforts do not begin within the 14 days following the nesting bird survey, another survey shall be required. The area surveyed shall include all construction sites, access roads, and staging areas, as well as reasonably accessible areas within 150 feet outside the boundaries of the areas to be cleared or as otherwise determined by the biologist and dependent on species’ life history requirements.

If an active nest is discovered in the areas to be directly physically disturbed, or in other habitats within the vicinity of construction boundaries and may be disturbed by construction activities (as determined by the qualified biologist), clearing and construction shall be postponed within a species-specific no -work buffer (to be determined by the qualified biologist and based on the species life history and regulatory requirements) until the biologist has determined that the young have fledged (left the nest), the nest fails, or the nest is otherwise determined to be inactive by the biologist (i.e., predation).

To avoid impacts to roosting bats that may rarely utilize the project area vegetation, roof tiles, and/or vacant buildings for day roosting, the project applicant shall retain a qualified wildlife biologist to conduct a survey for roosting bats no sooner than 14 days prior to the start of demolition of any vacant buildings left with entry and egress points accessible to bats or removal of suitable bat roosting vegetation. If demolition of buildings or vegetation removal efforts do not begin within the 14 days following the roosting bat survey, another 5 – Applicable Mitigation Measures
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survey shall be required. If roosting bats are detected, the biologist shall enact a minimum of a 150-foot no-work buffer and confer with CDFW to determine potential roost protection or roost eviction practices. After conferring with CDFW, the protective buffer may be adjusted based on specific roost needs. Once bats have been suitably protected by a buffer and/or safely evicted from roosting sites (as approved by CDFW, a voiding take as defined by CESA and the CFGC), construction may resume outside the buffered area.

A nesting bird and roosting bat survey report of the methods and results of the pre-project survey will be submitted to the City for review and approval prior to commencement of construction activities for individual projects. Any additional construction monitoring, as determined through any necessary coordination/discretionary approvals with the resource agencies, will be documented per requirements set f orth in an approved mitigation monitoring and reporting program for the entirety of the project.

CULTURAL RESOURCES

MM 7-1: For any individual discretionary project under the subsequent comprehensive planning study (such as a specific plan) adopted by the City to guide Plan Area development that the City determines may involve a property that contains a potentially significant historic resource, the resource shall be assessed by a professional who meets the Secretary of the Interior's Professional Qualifications Standards to determine whether the property is a significant historic resource and whether or not the project may have a potentially significant adverse effect on the historic resource. If, based on the recommendation of the qualified professional, the City determines that the project may have a potentially significant effect, the City shall require the applicant to implement the following mitigation measures:

(a) Adhere to at least one of the following Secretary of the Interior’s Standards:

 Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings; or
 Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

The qualified professional shall make a recommendation to the City as to whether the project fully adheres to the Secretary of the Interior’s Standards, and any specific modifications necessary to do so. The final determination as to a project's adherence to the Standards shall be made by the City body with final decision-making authority over the project. Such a determination of individual project adherence to the Secretary of the Interior’s Standards will constitute mitigation of the project historic resource impacts to a less-than-significant level (CEQA Guidelines section 15064.5).

(b) If the City determines that measure (a) is not feasible, the historic resource shall be moved to a new location compatible with the original character and use of the historic resource, and its historic features and compatibility in orientation, setting, and general environment shall be retained, such that a substantial adverse change in the significance of the historic resource is avoided.

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If the City determines that neither measure (a) nor measure (b) is feasible, to the extent required by CEQA, additional analysis shall be conducted in accordance with CEQA Guidelines Section 15064.5 and 15162, particularly in order for specific project alternatives to be designed and evaluated. If the City determines that neither measure (a) nor (b) is found to be feasible, then the City shall, as applicable and to the extent feasible, implement the following measures in the following order:

The level of document ation shall be proportionate with the level of significance of the resource. The documentation shall be made available for inclusion in the Historic American Building Survey (HABS) or the Historic American Engineering Record (HAER) Collections in the Library of Congress, the California Historical Resources Information System (CHRIS), and the Bancroft Library, as well as local libraries and historical societies.

(e) Through careful methods of planned deconstruction to avoid damage and loss, salvage character-defining features and materials for educational and interpretive use onsite, or for reuse in new construction on the site in a way that commemorates their original use and significance.

(f) Interpret the historical significance of the resource through a permanent exhibit or program in a publicly accessible location on the site or elsewhere within the Plan Area.

MM 7-3: During the City’s standard project-specific review process for all future, discretionary, public improvement and private development projects under the subsequent comprehensive planning study (such as a specific plan) adopted by the City to guide development in the Plan Area, the City shall determine the possible presence of, and the potential for new or substantially more severe impacts of the action on, archaeological resources and tribal cultural resources. The City shall require individual project applicants or environmental consultants to contact the California Historical Resources Information System (CHRIS) to determine whether the particular project is located in a sensitive area. Future discretionary development projects tha t CHRIS determines may be located in a sensitive area – i.e., on or adjoining an identified archaeological site – shall proceed only after the project applicant contracts with an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards, to conduct a determination in regard to cultural values remaining on the site and warranted mitigation measures, as described directly below.

In general, to mak e an adequate determination in these instances, the archaeologist shall conduct a preliminary field inspection to (1) assess the amount and location of visible ground surface, (2) determine the nature and extent of previous impacts, and (3) assess the natu re and extent of potential impacts. Such field inspection may demonstrate the need for some form of additional subsurface testing (e.g., excavation by auger, shovel, or backhoe unit) or, alternatively, the need for on -site monitoring of subsurface activities (i.e., during grading or trenching). 5 – Applicable Mitigation Measures
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In addition, the City shall continue to notify the Native American tribes traditionally and culturally affiliated with the Plan Area of the discretionary, public improvement and private development projects if those proposed improvements or projects are subject to a CEQA Negative Declaration (including Mitigated Negative Declaration) or Environmental Impact Report (EIR), in accordance with California Assembly Bill 52, and if a Native American tribe requests consultation, conduct a good faith consultation.

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

Identified cultural resources shall be recorded on form DPR 422 (archaeological sites).

Mitigation measures recommended by these two groups (CHRIS and NAHC), as reviewed and approved by the City, shall be undertaken prior to and during construction activities. Although the precise details of the mitigation measures would be specific to the particular project sit e, the measures shall be consistent with the avoidance and mitigation strategies described in this programmatic mitigation measure.

Resource ide ntification training procedures shall be implemented for construction personnel, conducted by an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards. In the event that subsurface cultural resources are otherwise encountered during approved ground-disturbing activities for a Plan Area construction activity, work within 50 feet shall be stopped and a qualified archaeologist retained to evaluate the finds following the procedures described above. Project personnel shall not collect cultural resources. Although work may continue beyond 50 5 – Applicable Mitigation Measures
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feet, the archaeologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to archaeological resources.

If human remains are found, the rules set forth in State Health and Safety Code section 7050.5 and CEQA Guidelines section 15126.4(b) apply and shall be followed.

MM 7-4: Prior to construction activities, resource identification training procedures shall be implemented for construction personnel, conducted by an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards. The qualified professional archaeologist shall be retained by the applicant and approved by the City and shall meet U.S. Secretary of the Interior’s Professional Qualifications and Standards.

Training shall include a written handout and focus on how t identify cultural/Native American resources that may be encountered during earth -moving activities, including the procedures to be followed in such an event. On -site archaeological monitor duties and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation shall also be explained, in case either or both becomes necessary.

During ground-disturbing project construction activities, if subsurface cultural resources are encountered, work within 50 feet shall be stopped and a qualified archaeologist retained to evaluate the finds following the procedures described below. Project personnel shall not collect cultural resources. Although work may continue beyond 50 feet, the archaeologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to archaeological resources.

All cultural/archaeological resources unearthed by project construction activities shall be evaluated by the qualified professional archaeologist. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes and/or Individuals shall be contacted and consulted, and Native American construction monitoring shall be initiated if requested by the Tribes and/or Individuals. The City shall coordinate with the archaeologist to develop an appropriate treatment plan that avoids or mitigates, to the maximum extent possible, damage to any identified resources. Preservation in place to maintain the relationship between the artifact(s) and the archaeological context is the preferred manner of mitigating impacts on an archaeological site. Preservation may be accomplished by:

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

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Identified cultural resources shall be recorded on form DPR 422 (archaeological sites).

Any additional mitigation measures recommended by these two groups (CHRIS and NAHC), as reviewed and approved by the City, shall be undertaken prior to and during construction activities. Although the precise details of those measures would be based on the nature and extent of the resource(s) uncovered on the site, the measures shall be consistent with the avoidance and mitigation strategies described above in this mitigation measure.

In addition, if the qualified archaeologist determines that construction excavations have exposed, or have a high probability of exposing, cultural and/or archaeological artifacts, construction monitoring for cultural and/or archaeological resources shall be required.

The City shall retain a qualified archaeological monitor, who meets the qualifications set forth by the U.S. Secretary of the Interior’s Professional Qualifications and Standards, who will work under the guidance and direction of a professional archaeologist. The archaeological monitor shall be p resent during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non -fill sediments. Multiple earth-moving construction activities may require multiple archaeological monitors.

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

If human remains are found, the rules set forth in State Health and Safety Code section 7050.5 and CEQA Guidelines section 15126.4(b) apply and shall be followed, in consultation with the Native American Heritage Commission (as appropriate).

GEOLOGY AND SOILS

MM 8-5: Subject to City review and approval, complete and implement the geotechnical mitigation recommendations identified in t he required individual project - and site-specific geotechnical investigations and engineering studies for site -specific proposals, in coordination with City grading permit and building permit performance standards. Such recommendations could address design - and construction-level details regarding the type of building foundation, the extent of subsurface excavation, the details of retaining structures, any need for subsurface water extraction, and other engineering issues and solutions.

MM 8-6: The City shall require the applicant to provide a final geotechnical report, prepared by a geotechnical engineer, for City review and approval. The final geotechnical report (as discussed in Impact 8 -2 above) shall include a supplemental field investigation that includes: (1) new borings as necessary to confirm subsurface conditions; (2) review of final project plans and specifications with recommendations based on professional geotechnical engineering (such as final foundation design recommendations and potential n eed for piles); (3) any other engineering studies to address design - and construction-level details related to type of building foundation, the extent of subsurface excavation, details of retaining structures or subsurface water extraction, and other engineering issues and solutions as may be determined necessary in consultation with the City; and (4) observation of site preparation, foundation installation, shoring installation, and construction by a professional geotechnical engineer. 5 – Applicable Mitigation Measures
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The mitigations and recommendations in the final geotechnical report, subject to review and approval by the City, shall be complied with and would provide reasonable, professional assurances that the project incorporates design and engineering refinements to reduce the degree of impacts to less -than-significant levels by either avoiding identified soil and geologic impact areas altogether (i.e., basic project design changes) or by rectifying the impact through conventional engineering and construction procedures (e.g., s uitable foundation design and construction). Incorporation of these measures into project final plans prior to issuance of permits and City inspection and verification procedures prior to project operation is required.

MM 8-7: For all public improvement a nd private development projects in the Freedom Circle Focus Area Plan Area, the following measures shall be implemented:

(1) Education Program. Project applicants shall implement a program that includes the following elements:

 Resource identification training procedures for construction personnel, conducted by a paleontologist who meets the Secretary of the Interior’s Professional Qualifications Standards;
 Spot-checks and monitoring by a qualified paleontologist of all excavations deeper than seven feet below ground surface; and
 Procedures for reporting discoveries and their geologic context.

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

MM 8-8: The Greystar project shall be required, as a condition of project approval, to implement the following measures:

(1) Education Program. The project applicant shall implement a program that includes the following elements:

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 Resource identification training procedures for construction personnel, conducted by a paleontologist who meets the Secretary of the Interior’s Professional Qualifications Standards;
 Spot-checks and monitoring by a qualified paleontologist of all excavations deeper than seven feet below ground surface; and
 Procedures for reporting discoveries and their geologic context.

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

GREENHOUSE GASES

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

MM 9-1B: Utilize GHG-Free Electricity. The City shall require new development projects occurring under implementation of the Freedom Circle Focus Area Plan to source 100% of their electricity from GHG-free sources. GHG -free electricity may come from on -site renewable electricity generation (e.g., photovoltaic systems), enrollment in a GHG-free electricity program (e.g., Silicon Valley Power’s Santa Clara Green Power program), or any combination of measures that ensure electricity consumed by projects subject to discretionary approval come entirely from GHG-free sources, as determined by the City.

NOISE

MM 13-1: Reduce Potential Freedom Circle Focus Area Plan Construction Noise Levels. To reduce potential noise levels from Focus Area Plan related construction activities, the City shall ensure future development projects within the Plan Area:

1) Notify Residential and Commercial Land Uses of Planned Construction Activities. This notice shall be provided at least one week prior to the start of any construction activities, describe the noise control measures to be implemented by the Project, and include the name and phone number of the designated contact for the Applicant/project representative and the City of Santa Clara responsible for handling construction-related noise complaints (per Section 8). This notice shall be provided to: A) The 5 – Applicable Mitigation Measures
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owner/occupants of residential dwelling units within 500 feet of construction work areas; and B) The owner/occupants of commercial buildings (including institutional buildings) within 200 feet of construction work areas or within 400 feet of construction work areas if pile driving equipment will be used.

2) Notify San Tomas Aquino Creek Trail Users of Construction Activities. Prior to the start of construction activities within 500 feet of the San Tomas Aquino Creek Trail, signs shall be posted along the trail warning of potential temporary elevated noise levels during construction. Signs shall be posted within 250 feet of impacted trail segments (i.e., portions of the trail within 500 feet of a work area) and shall remain posted throughout the duration of all substantial noise generating construction activities (typically demolition, grading, and initial foundation installation activities).

3) Restrict Work Hours . All construction -related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 9.10.230.

5) Construction Equipment Selection, Use, and Noise Control Measures. The following measures shall apply to construction equipment used in the Plan Area: A) To the extent feasible, contractors shall use the smallest size equipment capable of safely completing work activities; B) Construction s taging shall occur as far away from residential and commercial land uses as possible; C) All stationary noise-generating equipment such as pumps, compressors, and welding machines shall be shielded and located as far from sensitive receptor locations as pr actical. Shielding may consist of existing vacant structures or a three or four-sided enclosure provide the structure/ barrier breaks the line of sight between the equipment and the receptor and provides for proper ventilation and equipment operations; D) Heavy equipment engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, mounts, etc. These devices shall be maintained in accordance with manufacturer’s recommendations during acti ve construction activities; E) Pneumatic tools shall include a noise suppression device on the compressed air exhaust; F) The applicant/project representative and/or their contractor shall connect to existing electrical service at the site to avoid the use of stationary power generators (if feasible); G) No radios or other amplified sound devices shall be audible beyond the property line of the construction site.

6) Implement Construction Activity Noise Control Measures: The following measures shall apply to construction activities in the Plan Area: A) Demolition: Activities shall be sequenced to take advantage of existing shielding/noise reduction provided by existing buildings or parts of buildings and methods that minimize noise and vibration, such as sawing concrete blocks, prohibiting on -site hydraulic breakers, crushing, or other pulverization activities, shall be employed to the maximum extent feasible; B) Demolition 5 – Applicable Mitigation Measures
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Site Preparation, Grading, and Foundation Work: During all demolition, site preparation, grading, and structure foundation work activities within 500 feet of a residential dwelling unit or 400 feet of a commercial building (including institutional buildings), a physical noise barrier capable of achieving the construction noise lev el standards set forth in Section 7 below shall, if required pursuant to Section 7, be installed and maintained around the site perimeter to the maximum extent feasible given site constraints and access requirements. Potential barrier options capable of reducing construction noise levels could include, but are not limited to: i) A concrete, wood, or other barrier installed at-grade (or mounted to structures located at-grade, such as a K-Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) of sufficient height (determined pursuant to Section 7) that has a minimum rated transmission loss value of 20 dB; ii) Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB; iii) any combination of noise barriers and commercial products capable of achieving required construction noise reductions during demolition, site preparation, grading, and structure foundation work activities; iv) The noise barrier may be removed following the completion of building foundation work (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site); and C) Pile Driving: If pile driving activities are required within 500 feet of a residential dwelling unit or 400 feet of a commercial building, the piles shall be pre -drilled with an auger to minimize pile driving equipment run times.

7) Prepare Project -Specific Construction Noise Evaluation . Prior to the start of any specific construction project lasting 12 months or more, the City shall review and approve a project-specific construction noise evaluation prepared by a qualified acoustical consultant that: A) Identifies the planned project construction sequence and equipment usage; B) Identifies typical hourly average construction noise levels for project construction equipment; C) Compares hourly average construction noise levels to ambient noise levels at residential and commercial land uses near work areas (ambient noise levels may be newly measured or presumed to be consistent with those levels shown in Table 13-2 and 13-3 of the Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft Environmental Impact Report (EIR); and D) Identifies construction noise control measures incorporated into the project that ensure: i) activities do not generate noise levels that are above 60 dBA Leq at a residential dwelling unit and exceed the ambient noise environment by at least 5 dBA Leq for more than one year; and ii) activities do not generate noise levels that are above 70 dBA Leq at a commercial property (including institutional land uses) and exceed the ambient noise environment by at least 5 dBA Leq for more than one year. Such measures may include but are not limited to: a) The requirements of Sections 4, 5, 6, and 8; b) Additional project and/or equipment-specific enclosures, barriers, shrouds, or other noise suppression methods.

The use of noise control blankets on building facades shall be considered only if noise complaints are not resolvable with other means or methods.

8) Prepare a Construction Noise Complaint Plan. The Construction Noise Complaint Plan shall: A) Ide ntify the name and/or title and contact information (including phone number and email) for a designated project and City representative responsible for addressing construction-related noise issues; B) Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints; C) At a minimum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the 5 – Applicable Mitigation Measures
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complaint, determine the cause of the complaint, and take steps to resolve the complaint; D) The elements of the Construction Noise Complaint Plan may be included in the project-specific noise evaluation prepared to satisfy Section 7 or as a separate document.

9) Owner/Occupant Disclosure: The City shall require future occupants/tenants in the Plan Area receive disclosure that properties in the Plan Area may be subject to elevated construction noise levels from development in the Plan Area. This disclosure shall be provided as part of the mortgage, lease, sub-lease, and/or other contractual real-estate transaction associated with the subject property.

MM 13-2: Reduce Greystar Project Construction Noise Levels. To reduce potential noise levels from Greystar Project construction activities, the City shall ensure the Applicant:

1) Notify Residential and Commercial Land Uses of Planned Construction Activities. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft Environmental Impact Report (EIR) Mitigation Measure 13-1, Section 1.

2) Notify San Tomas Aquino Creek Trail Users of Construction Activities. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 2.

3) Restrict Work Hours . See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 3.

4) Control Construction Traffic and Site Access. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 4.

5) Construction Equipment Selection, Use, and Noise Control Measures. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 5.

6) Implement Construction Activity Noise Control Measures: See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13 -1, Section. The project will not require pile driving and, therefore, pile driving control measures identified in Mitigation Measure 13 -1, Section 6 C) are not applicable. See below for noise barrier mitigation requirements per Mitigation Measure 13 -1, Section 6 B).

7) Prepare Project -Specific Construction Noise Evaluation . Not applicable. The construction noise analysis presented in the Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft Environmental Impact Report constitutes the Project - specific construction noise evaluation per Mitigation Measure 13-1, Section 7.

8) Prepare a Construction Noise Complaint Plan. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 8.

9) Owner/Occupant Disclosure: See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 9.

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Per Mitigation Measure 13-1, Section 6 B), the following noise barriers shall be installed and maintained around the perimeter of active work areas: A) For all demolition, site preparation, grading, and foundation work within 100 feet of the commercial property (Pedro’s Restaurant and Cantina) that borders the site’s southwest perimeter: i) a 6-foot- tall barrier shall be installed starting at Freedom Circle and extending south along the property boundary to the site’s southern property line (approximately 640 linear feet). B) For all dem olition, site preparation, grading, and foundation work within 150 feet of commercial properties across Freedom Circle: i) a 6-foot-tall barrier shall be provided along the length of the property line that fronts Freedom Circle, excepting construction access points as needed (approximately 1,130 linear feet). C) Noise barriers shall consist of ½” plywood or any other material weighing 4 pounds per square foot or more or having a minimum documented transmission loss value of 20 dBA. The barriers may be erected on temporary retaining walls or temporary K-rails or other solid structures (which shall be considered as part of the total height of the barrier). Boards shall be staggered one over two, or joints otherwise fastened and sealed, to prevent sound transmission through joints. There shall be no openings or gaps in the barrier. The barrier shall be regularly inspected (e.g., weekly) and maintained during construction activities (e.g., warped or cracked boards shall be replaced upon discovery). D) The noise barrier may be removed following the completion of building foundation work within the distances specific above (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site).

MM 13-3: Reduce Potential Freedom Circle Focus Area Plan Construction Vibration Levels.

To reduce potential vibration -related structural damage and other excessive vibration levels from Focus Area Plan related construction activities, the City shall ensure future development projects within the Plan Area:

2) Restrict Work Hours . See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 2.

3) Prohibit Vibratory Equipment . The use of large vibratory ro llers, vibratory/impact hammers, and other potential large vibration -generating equipment (e.g., hydraulic breakers/hoe rams) shall be prohibited within 100 feet of any residential building façade and 50 feet of any commercial building façade during construction activities. Plate compactors and compactor rollers are acceptable, and deep foundation piers or caissons shall be auger drilled.

4) Prepare Project-Specific Construction Vibration Evaluation Plan. If it is not feasible to prohibit vibratory equipment per Section 3) due to site- or project-specific conditions or design considerations, the City shall review and approve a project-specific construction vibration evaluation that: A) Identifies the project’s planned vibration -generating construction activities (e.g., demolition, pile driving, vibratory compaction); B) Identifies the potential project-specific vibration levels (given project -specific equipment and soil conditions, if known) at specific building locations that may be impacted by the vibration- generating work activities (generally buildings within 50 feet of the work area); C) Identifies the vibration control measures incorporated into the project that ensure 5 – Applicable Mitigation Measures
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equipment and work activities would not damage buildings or result in vibratio ns that exceed Caltrans’ strongly perceptible vibration detection threshold for peak particle velocity (PPV) of 0.1 inches/second (in/sec). Such measures may include, but are not limited to: i) the requirements of Sections 1, 2, and 3; ii) the use of vibration monitoring to measure actual vibration levels; iii) the use of photo monitoring or other records to document building conditions prior to, during, and after construction activities; and iv) the use of other measures such as trenches or wave barriers; D) Identifies the name (or title) and contact information (including phone number and email) of the Contractor and City representatives responsible for addressing construction vibration-related issues; and E) Includes procedures describing how the construction contractor will receive, respond, and resolve to construction vibration complaints. At a minimum, upon receipt of a vibration complaint, the Contractor and/or City representative described in the first condition D) above shall identify the vibration source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint by reducing ground- borne vibration levels to peak particle velocity levels that do not exceed accepted guidance or thresholds for structural damage that are best applicable to potentially impacted buildings (e.g., see Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Table 13-6) and Caltrans’ strongly perceptible vibration detection threshold (PPV of 0.1 in/sec, see Freed om Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Table 13-7).

MM 13-4: Reduce Greystar Project Construction Vibration Levels. To reduce potential vibration-related structural damage and other excessive vibration levels from Greystar project construction activities, the City shall require the Applicant:

2) Restrict Work Hours . See Freedom Circle Focus Area Plan/Greystar General Pla n Amendment Draft EIR Mitigation Measure 13-1, Section 2.

3) Prohibit Vibratory Equipment. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-3, Section 3.

4) Prepare Project-Specific Construction Vibration Evaluation Plan. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13 - 1, Section 3. Mitigation Measure 13-3, Section 4 A) – C) are not applicable because the construction vibration analysis presented in the Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR constitutes the Project -specific construction vibration evaluation per Mitigation Measure 13-3, Section 4.

MM 13-5: Control Fixed and Other Onsite Noise-Generating Sources and Activities in the Freedom Circle Area Plan. To ensure on-site, operations -related equipment and activities associated with the Focus Area Plan do not generate noise levels that exceed City standards or otherwise result in a substantial permanent increase in ambient noise levels, future development projects shall submit a project-specific operational noise analysis to the City for review and approval prior to the issuance of the first building permit for the project, or as otherwise determined by the City. The noise analysis shall be prepared by a qualified acoustical consultant and shall identify all major fixed machinery and equipment, non-residential truck docks/dedicated loading zones, waste 5 – Applicable Mitigation Measures
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collection areas, and above ground parking garages included in the final project design/site plan. The noise analysis shall also document how project noise sources and activities will comply with the exterior sound limits established in Municipal Code Section

9.10.040, Schedule A and the noise compatibility guidelines in General Plan Table 8.14-

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

MM 13-6: Control Greystar Project Parking Garage Ventilation System Noise Levels. To ensure potential parking garage ventilation systems do not generate noise levels that exceed City standards or otherwise result in noise levels, the City shall require the Applicant to prepare an acoustical study that identifies the final type, location, and sound power level of all parking garage ventilation systems. The study shall also document how project noise sources and activities will comply with the exterior sound limits established in Municipal Code Section 9.10.040, Schedule A. The control of noise from ventilation systems may be accomplished by selecting quiet equipment types, siting machinery and equipment inside buildings, within an enclosure (e.g., equipment cabinet or mechanical closets), the installation of louvres or baffles, or other design means.

TRIBAL CULTURAL RESOURCES

MM 7-3: During the City’s standard project-specific review process for all future, discretionary, public improvement and private development projects under the subsequent comprehensive planning study (such as a specific plan) adopted by the City to guide development in the Plan Area, the City shall determine the possible presence of, and the potential for new or substantially more severe impacts of the action on, archaeological resources and tribal cultural resources. The City shall require individual project applicants or environmental consultants to contact the California Historical Resources Information System (CHRIS) to determine whether the particular project is located in a sensitive area. Future discretionary development projects tha t CHRIS determines may be located in a sensitive area – i.e., on or adjoining an identifi ed archaeological site – shall proceed only after the project applicant contracts with an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards, to conduct a determination in regard to cultural values remaining on the site and warranted mitigation measures, as described directly below.

In general, to make an adequate determination in these instances, the archaeologist shall conduct a preliminary field inspection to (1) assess the amount and location of visible ground surface, (2) determine the nature and extent of previous impacts, and (3) assess the nature and extent of potential impacts. Such field inspection may demonstrate the need for some form of additional subsurface testing (e.g., excavation by auger, shovel, or backhoe unit) or, alternatively, the need for on -site monitoring of subsurface activities (i.e., during grading or trenching). 5 – Applicable Mitigation Measures
176 Addendum to the General Plan EIR
Public Review Draft November 1, 2023

In addition, the City shall continue to notify the Native American tribes traditionally and culturally affiliated with the Pl an Area of the discretionary, public improvement and private development projects if those proposed improvements or projects are subject to a CEQA Negative Declaration (including Mitigated Negative Declaration) or Environmental Impact Report (EIR), in accordance with California Assembly Bill 52, and if a Native American tribe requests consultation, conduct a good faith consultation.

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

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

Identified cultural resources shall be recorded on form DPR 422 (archaeological sites).

A data recovery plan and data recovery for a historic resource shall not be required if the City determines that testing or studies already completed have adequately recovered the necessary data, provided that the data have already been documented in an EIR or are available for review at the CHRI S Northwest Information Center (CEQA Guidelines section 15126.4[b]).

Resource identification training procedures shall be implemented for construction personnel, conducted by an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards. In the event that subsurface cultural resources are otherwise encountered during approved ground-disturbing activities for a Plan Area construction activity, work within 50 feet shall be stopped and a qualified archaeologist retained to e valuate the finds following the procedures described above. Project personnel shall not collect cultural resources. Although work may continue beyond 50 5 – Applicable Mitigation Measures
Zoning Code Update and General Plan Amendments 177
City of Santa Clara
feet, the archaeologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to archaeological resources.

If human remains are found, the rules set forth in State Health and Safety Code section 7050.5 and CEQA Guidelines section 15126.4(b) apply and shall be followed.

MM 7-4: Prior to constructi on activities, resource identification training procedures shall be implemented for construction personnel, conducted by an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards. The qualified professional archaeologist shall be retained by the applicant and approved by the City and shall meet U.S. Secretary of the Interior’s Professional Qualifications and Standards.

Training shall include a written handout and focus on how t identify cultural/Native American resources that may be encountered during earth -moving activities, including the procedures to be followed in such an event. On -site archaeological monitor duties and the general steps a qualified professional archaeologist would follow in conducting a s alvage investigation shall also be explained, in case either or both becomes necessary.

All cultural/archaeological resources unearthed by project construction activities shall be evaluated by the qualified professional archaeologist. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes and/or Individuals shall be contacted and consulted, and Native American construction monitoring shall be initiated if requested by the Tribes and/or Individuals. The City shall coordinate with the archaeologist to develop an appropriate treatment plan that avoids or mitigates, to the maximum extent possible, damage to any identified resources. Preservation in place to maintain the relationship between the artifact(s) and the archa eological context is the preferred manner of mitigating impacts on an archaeological site. Preservation may be accomplished by:

5 – Applicable Mitigation Measures
178 Addendum to the General Plan EIR
Public Review Draft November 1, 2023
Identified cultural resources shall be recorded on form DPR 422 (archaeological sites).

In addition, if the qualified archaeologist determines that construction excavations have exposed, or have a high probability of exposing, cultural and/or archaeological artifacts, construction monitoring for cult ural and/or archaeological resources shall be required.

The City shall retain a qualified archaeological monitor, who meets the qualifications set forth by the U.S. Secretary of the Interior’s Professional Qualifications and Standards, who will work under the guidance and direction of a professional archaeologist. The archaeological monitor shall be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into non -fill sediments. Multiple earth-moving construction activities may require multiple archaeological monitors.

UTILITIES AND SERVICE SYSTEMS

MM 18-1: The WSA prepared for the proposed Focus Area Plan includes development in the Plan Area that has not been identified in the General Plan (i.e., exceeds the General Plan land use projections for 2035, the General Plan horizon year), and therefore, because the 2015 Urban Water Management Plan (UWMP) was based on General Plan buildout projections, this WSA is inconsistent with General Plan and UWMP buildout projections.

Until the Focus Area Plan development exceeding General Plan growth projections is included in the General Plan and the UWMP (i.e., the 2020 UWMP), the Focus Area Plan is inconsistent with the General Plan/Urban Water Management Plan.

MM 18-5: The City shall require individual projects implemented under the Freedom Circle Focus Area Plan (and the future, required comprehensive planning study – e.g., specific plan) to make a fair -share contribution to the wastewater pump station improvements necessary to accommodate cumulative development in Santa Clara. The fair -share contributions for future proje cts developed under the Focus Area Plan and required comprehensive planning study shall be determined based on a detailed wastewater pump station engineering study prepared by the City and each project’s percent of wastewater contribution to cumulative flo w capacity needs above the current pump capacity. This mitigation would provide funding for wastewater pump station upgrades, which would reduce the Plan’s contribution to the cumulative impact to a less-than- significant level. The City would be required to plan and construct the improvements.

Because the timing of these improvements cannot be guaranteed or estimated at this 5 – Applicable Mitigation Measures
Zoning Code Update and General Plan Amendments 179
City of Santa Clara
time (spring 2021), the combined wastewater capacity of the two pump stations could be exceeded by development proposals already unde r consideration. Therefore, the City shall continually monitor pump station capacity in order to coordinate the pump station improvements with development proposals. Until pump station capacity improvements adequate to accommodate the incremental increases in wastewater flows are completed, the City shall delay individual project building permits. In addition, as a standard condition of approval, each individual project would need to provide sanitary sewer information to the City, and no project would be approved by the City until the City determines that sufficient sewer capacity exists.

Zoning Code Update and General Plan Amendments 180
City of Santa Clara
6 References

6.1 – List of Preparers
City of Santa Clara (Lead Agency)
Planning Division
1500 Warburton Avenue
Santa Clara, California 95050
(408) 615-2478

 John Davidson, Principal Planner

MIG (Environmental Analysis)
1650 Spruce Street, Suite 106
Riverside, California 92507
951-787-9222

 Pamela Steele, Principal
 Bob Prasse, Director of Environmental Services
 Cameron Hile, Senior Analyst

6.2 – Persons and Organizations Consulted
None.

5 – References
Zoning Code Update and General Plan Amendments 181
City of Santa Clara

6.3 – Bibliography
California Department of Conservation. Farmland Mapping and Monitoring Program. Web:
https://www.conservation.ca.gov/dlrp/fmmp. [Accessed September 2023].

California Department of Forestry and Fire Protection (CAL FIRE). Ventura County Fire Hazard Severity Zone Maps. Web: https://egis.fire.ca.gov/FHSZ/. [Accessed September 2023].

California Department of Transportation (Caltrans). California State Scenic Highways Maps. Web:
https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i- scenic-highways. [Accessed September 2023].

California Environmental Protection Agency. DTSC’s Hazardous Waste and Substances Site List (Cortese List). Web: https://calepa.ca.gov/sitecleanup/corteselist/. [Accessed September 2023].

California Environmental Protection Agency. List of Active CDO and CAO. Web:
http://www.calepa.ca.gov/sitecleanup/corteselist/. [Accessed September 2023].

California Environmental Protection Agency. List of Hazardous Waste Facilities Subject to Corrective Action Pursuant to Section 25187.5 of the Health and Safety Code. Web:
http://www.calepa.ca.gov/sitecleanup/corteselist/. [Accessed September 2023].

CalRecycle. Identify Disposal Facility Capacity Shortfalls. http://www.calrecycle.ca.gov/FacIT/facility/disposalgap.aspx [Accessed September 2023].

California Water Resources Control Board. Geotracker. Web: https://geotracker.waterboards.ca.gov/. [Accessed September 2023].

California Water Resources Control Board. List of Solid Waste Disposal Sites. Web:
https://calepa.ca.gov/sitecleanup/corteselist/. [Accessed September 2023].

Resolution/General Plan text amendments related to the Zoning Code Update Page 1 of 7 Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING GENERAL PLAN AMENDMENT #98 TO (1) REMOVE

THE LIMITATIONS ON MANUFACTURING IN THE LOW - AND
HIGH-INTENSITY OFFICE/R&D GENERAL PLAN DESIGNATIONS;
(2) ALLOW MEDICAL USES IN THE HIGH-INTENSITY
OFFICE/R&D DESIGNATION; AND (3) CLARIFY THE DEFINITION
OF FLOOR AREA RATIO.

SCH # 2008092005
PLN23-XXXXX (Zoning Code Update, General Text Amendments, and Addendum to the General Plan EIR)

WHEREAS, the City of Santa Clara (the “City”) is contemplating the adoption of the City’s Zoning Code Update, the first comprehensive update of the Code in over 50 years; and WHEREAS, the 2010-2035 General Plan is the City’s vision for future development; and WHEREAS, the General Plan also i ncludes r egulatory elements that channel and constrain development, includ ing limitations o n the amou nt of land area that can be de dicated to manufacturing uses within certain industrial designations ; prohibitions on specific uses within industrial designations; and definitions that assist in regulating land use, including the definition of Floor Area Ratio (FAR), which describes the bulk of a building; and WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; and WHEREAS, the City desires to remove the area limitation on manufacturing in the Low- and High- Intensity Office/R&D districts to allow for use mixes that reflect the current industrial office market, and are also reflective of the existing uses of buildings in North Santa Clara; and WHEREAS, new combinations of uses are being proposed, including man ufacturing of medical devices and outpatient procedures involving those devices; and WHEREAS, the City wishes to clarify the definition of Floor Area Ratio to better regulate the bulk of a building by including the area of a building dedicated to parking and by not including the area of a building below grade in the calculation of FAR; and
WHEREAS, the City held seven community meetings in 2018 and 2019 on the Zoning Code Update Resolution/General Plan text amendments related to the Zoning Code Update Page 2 of 7 Rev: 7/27/2023
to solicit community feedback; received 500 responses to a community survey on the Zoning Code Update in 2019; and posted a copy of the draft code for public comment in 2022; WHEREAS, the City Council and P lanning Commission held three joint study sessions on the Zoning Code Update in the summer and fall of 2019; and
WHEREAS, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018, October 27, 2021, and September 20, 2023, and also held a study session specifically on parking and outdoor dining regulations on June 16, 2021 ; and WHEREAS, the City Council held a study session on the Zoning Code Update on August 22, 2023; and
WHEREAS, the City Council has reviewed the General Plan text amendments; and WHEREAS, on November 1, 2023, a joint notice of the public hearing for the November 15, 2023 Planning Commission and December 19 City Council meetings was published in the Weekly, a newspaper of general circulation in the City;
WHEREAS, on November 15, 2023, the Planning Commission conduct ed a duly noticed public hearing to consider the General Plan text amendments, at the conclusion of which, the Planning Commission voted to adopt a resolution recommending that the City Council adopt the proposed General Plan text amendments (7-0-0); and
WHEREAS, on December 19, 2023, the City Council conducted a duly noticed public hearing to consider the General Plan text amendments, at which time all intere sted persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed General Plan text amendments; and
WHEREAS, in considering the General Plan text amendments the City Council has reviewed and considered the potential environmental impacts and determined that the environmental effects of the proposed General Plan text amendments were consistent with 2010-2035 General Plan EIR, as addended, and that the proposed General Plan text amendments did not alter the conclusions of the adopted General Plan EIR.

Resolution/General Plan text amendments related to the Zoning Code Update Page 3 of 7 Rev: 7/27/2023
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

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

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

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

The proposed General Plan Amendment is a prerequisite to the adoption of the Zoning Code Update, in that the Zoning Code Update does not include any area limitations on manufacturing within the Low- and High-Intensity Office/R&D districts, in contrast to the adopted General Plan, and a General Plan text amendment is required to maintain consistency between the two documents; and
The proposed General Plan Amendment removes the prohibition on medical facilities in the High-Intensity Off ice/R&D designation, allowing for the combination of medical fa cilities for outpatient procedures and manufacturing uses on the same site, which will help further the range of medical services that can be offered within the City; and The proposed clarification of FAR will better regulate the bulk of a building, helping to make the relative sizes of buildings consistent with each other, regardless of the amount of building area devoted to parking or the amount of building area below grade.

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

The Project furthers and is consiste nt with the goals, policies and major str ategies of the General Plan that enhance the City’s quality of life, preserve and cultivate neighborhoods, promote sustainability, enhance City identity, support Focus Areas and community vitality, maintain the City’s fiscal health and quality of services, and m aximize health and safety benefits by allowing for consistency between the proposed zoning code update and the City’s General Plan.

Resolution/General Plan text amendments related to the Zoning Code Update Page 4 of 7 Rev: 7/27/2023
C. The proposed General Plan Amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA), in that:

The proposed General Plan Amendment does not present any new or significantly increased environmental impacts beyond those disclosed in the Santa Clara 2010-2035 General Plan EIR, as addended.

D. The po tential impacts of the propo sed General Plan A mendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that:

The project as proposed is consistent with the analysis and conclusions of General Plan EIR, as addended.

3. That City Council hereby amends Subsection 5.2.2 (“Land Use Classifications and Diagram”) of Section 5.2 (“Land Use Diagram”) of Chapter 5 (“Goals and Policies”) of the General Plan, by amending the second paragraph under the heading “Land Use Classifications” to read as follows:
“Both density and intensity are calculated on gross land area. ‘Densities’ are specified as a range of housing units per gross acre, with required minimum and maximum limits, in residential and mixed- use classifications. For non‐residential and mixed‐use classifications, “intensity” is measured as floor area ratio (FAR). FAR is a broad measure of building mass. It is calculated as the ratio of the gross floor area of a building or buildings, at or above grade, to the gross area of the site.

The text box and ill ustration provides additional detail for FAR. Residential density and non - residential land use intensity are m easured independently, but can be considere d together in evaluating individual land use proposals, such as those for mixed use developments. Density and intensity bonuses, such as those for affordable housing in accordance with State law, are in addition to the maximum densities and intensities permitted. Criteria for density and intensity bonuses are provided in Section 5.5.1: Discretionary Use Goals and Policies.”

4. That City Council hereby amends the General Plan by removing the limitation on building Resolution/General Plan text amendments related to the Zoning Code Update Page 5 of 7 Rev: 7/27/2023
area devoted to manuf acturing within the Low-Intensity Office/R&D General Plan designation in Subsection 5.2.2 (“Land Use Classifications and Diagram”) of Section 5.2 (“Land Use Diagram”) of Chapter 5 (“Goals and Policies”), by amending the land use classification to read as follows:
“Low-Intensity Office/Research and Development (R&D)
This classification is intended for campus‐like office development that includes office and R&D, as well as medical facilities and free standing data centers, with manufacturing uses limited to a maximum of 20 percent of the building area. It is typically located in areas that provide a transition between light industrial and higher‐intensity office and R&D uses. It includes landscaped areas for employee activities and parking that may be surface, structured or below‐grade.

Accessory, or secondary, small scale supporting retail uses that serve local employees and visitors are also permitted. The maximum FAR is 1.00.”

5. That City Council hereby amends the General Plan by removing the limitation on building area devoted to manufacturing and eliminating the prohibition on medical services within the High- Intensity Office/R&D designation in Subsection 5.2.2 (“Land Use Classifications and Diagram”) of Section 5.2 (“Land Use Diagram”) of Chapter 5 (“Goals and Policies”), by amending the land use classification to read as follows:
“High-Intensity Office/Research and Development (R&D)
This classification is intended for high‐rise or campus‐like developments for corporate headquarters, R&D and supporting uses, with landscaped areas for employee activities. Permitted uses include offices and prototype R&D uses. Data centers under this designation are limited to those that serve the use on‐site. Medical facilities, except pharmacies, are not allowed. In addition, manufacturing uses are limited to less than ten percent of the building area. Accessory, or secondary, small‐scale supporting retail uses that serve local employees and visitors are also permitted. Parking is typically structured or below‐grade. The maximum FAR is 2.00, excluding any FAR devoted to supporting retail uses.”

6. That City Council hereby amends the General Plan by adding the following definitions related Resolution/General Plan text amendments related to the Zoning Code Update Page 6 of 7 Rev: 7/27/2023
to Floor Area Ratio to Appendix 8.2 (“Definitions”) of the General Plan:
““Acres, Gross. The entire acreage of a site, including easements. “Acres, Net. The portion of a site that can actually be built upon. The following generally are not included in the net acreage of a site: public or private road rights of way, public open space, easements and floodways.
“Area, Gross. The entire area of a site, including easements. “Floor Area Ratio (FAR). The gross floor area of a building or buildings, at or above grade, divided by the total gross area of the site, expressed in decimals to one or two places. For example, on a site with 10,000 net sq. ft. of land area, a Floor Area Ratio of 1.0 will allow a maximum of 10,000 gross sq. ft. of building floor area to be built. On the same site, an FAR of 1.5 would allow 15,000 sq. ft. of floor area; an FAR of 2.0 would allow 20,000 sq. ft.; and an FAR of 0.5 would allow only 5,000 sq. ft. FARs may be applied on a parcel-by-parcel basis or as an average for an entire site under a single development proposal.
“Floor Area Ratio, Commercial. For the purpose of dete rmining the required commercial areas of mixed-use pro jects, the commercial f loor area ratio is the floor area of a building devoted to commercial uses, not including parking areas, divided by the gross lot area. “Single Development Proposal. An application for an entitleme nt affecting multiple contiguous parcels and authorized by the owners of all of the affected properties, including but not limited to an application for a building permit, architectural rev iew, rezone, general plan amendment, or subdivision.”

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

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A SPECIAL MEETING Resolution/General Plan text amendments related to the Zoning Code Update Page 7 of 7 Rev: 7/27/2023
THEREOF HELD ON THE 19th DAY OF DECEMBER, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments: None

Ordinance/Zoning Code Update Page 1 of 11
Rev: 09/2019
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF SANTA CLARA ,
CALIFORNIA, RENUMBERING CHAPTERS 18.02
THROUGH 18.58 OF THE ZONING CODE, REPEALING
CODE CHAPTERS 18.54 AND 18.60 THROUGH 18.120,

ADOPTING THE ZONING CODE UPDATE, AND

ESTABLISHING AN IMPLEMENTATION SCHEDULE

Ordinance/Zoning Code Update Page 2 of 11
Rev: 09/2019
because of lower occupant loads and therefore less impacts to surrounding uses from traffic; and
WHEREAS, the updated Zoning Code includes multiple changes to streamline the permitting of placemaking uses, with a proposed increased allowance for restaurants of up to 24 outdoor seats without a permit; and
WHEREAS, the proposed code features a streamlined administrative permit process for temporary outdoor events on private property, such as pumpkin patches and carnivals, as well as live entertainment, provided the entertainment use meets residential separation requirements; and
WHEREAS, the proposed parking regulations have been revised to base parking requirements on the floor area of a building, as opposed to requirements based on other criteria, such as number of seats, streamlining the re-tenanting process; and WHEREAS, in response to ongoing community concerns, the updated Zoning Code adds requirements for off-street parking for the duration of construction of residential projects of over 100 units in size; and
WHEREAS, in response to concerns about overcrowding in residences, the Zoning Code Update will require that in new or expanded residences, each residential unit maintain a minimum common area (the area dedicated to living rooms, family rooms and kitchens) of 25% of the floor area of the building; and
WHEREAS, the proposed Zoning Code Update establishes regulations for short -term rentals, requiring the unit to be owner -occupied and requiring the owner to register with the City, pay the Transient Occupancy Tax (TOT), and meet performance standards; and WHEREAS, the Zoning Code Update will codify the ability to make up to a cumulative

Ordinance/Zoning Code Update Page 3 of 11
Rev: 09/2019
1,000 square foot addition to single-family residences over the life of the building without the need to add a parking space; and
WHEREAS, the proposed Zoning Code Update will add by-right exceptions for additions to houses with legal non -conforming side setbacks, provided the addition is to the rear, reducing the need for variances to permit additions with this condition; and WHEREAS, the proposed Zoning Code Update would also inc rease the amount that unenclosed porches can encroach into the front setback to up to six feet, aligning with current community preferences, reflecting the transition from a visual preference for large, uninterrupted front lawns to homes that are more inviting and pedestrian-oriented; and WHEREAS, the proposed code adds language that will make it easier for the City to conduct Code Enforcement for non -compliant property owners, helping to maintain the look and feel of the City’s neighborhoods; and
WHEREAS, in response to community input, particularly from the Old Quad neighborhood, the proposed update will include zoning standards that allow one -and-a- half story Accessory Dwelling Units (ADUs) by right, making more ADU layouts that fit onto more lots possible; and
WHEREAS, the Zoning Code Update will create a Minor Use Permit process to allow more streamlined review of non -controversial uses, such as licenses for beer and wine sales at a restaurant; and
WHEREAS, the proposed Zoning Code Update includes conforming revisions to address recent changes to state housing laws; and
WHEREAS, the Code Update includes changes requested by the State Department of Housing and Community Development as a part of the Housing Element Update,

Ordinance/Zoning Code Update Page 4 of 11
Rev: 09/2019
including providing a variety of housing types; providing additional locations for emergency shelters, low barrier navigations centers and transitional housing; and providing a by-right approval process for certain kinds of housing, including emergency shelters; and
WHEREAS, the City is proposing to adopt the Zoning Code in advance of the Zoning Map, with an interim period where specified sections of the Code that are not reliant on a newly adopted map apply; and
WHEREAS, the City is proposing to defer the implementation of short -term r ental regulations for nine months to allow for the establishment of a monitoring and compliance process; and
WHEREAS, the City held seven community meetings in 2018 and 2019 on the Zoning Code Update to solicit community feedback; received 500 responses to a community survey on the Zoning Code Update in 2019; posted a copy of the draft code for public comment in 2022;
WHEREAS, the City Council and Planning Commission held three joint study sessions on the Zoning Code Update in the summer and fall of 2019; and WHEREAS, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021, and also held a study session specifically on parking and outdoor dining regulations on June 16, 2021; and WHEREAS, the City Council held a study session on the Zoning Code Update on August 22, 2023; and
WHEREAS, the City Council has reviewed the proposed Zoning Code; and WHEREAS, on November 1, 2023, a joint notice of the public hearing for the November

Ordinance/Zoning Code Update Page 5 of 11
Rev: 09/2019
15, 2023 Planning Commission and December 19 City Council meetings was published in the Weekly, a newspaper of general circulation in the City; WHEREAS, on November 15, 2023, the Planning Commission conducted a duly noticed public hearing to consider the Zoning Code Update and associated text amendments, at the conclusion of which, the Commission voted to adopt a resolution recommending that the Council adopt the proposed Zoning Ordinance Update; and WHEREAS, in its Resolution, the Planning Commission indicated its support f or additional Zoning Code language to allow monitored electric security fences in the LI Light Industrial and HI Heavy Industrial zo ning districts, subject to a Conditional Use Permit ; and
WHEREAS, on December 19, 2023, the City Council conducted a duly noticed public hearing, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed Zoning Ordinance Update; and
WHEREAS, before acting on the Zoning Code Update, the City Council reviewed and considered the potential environmental impacts of the Zoning Code Update and determined that as the prima ry implementation tool of the General Plan, the environmental effects of the proposed Zoning Code Update were consistent with 2010 - 2035 General Plan EIR and subsequent specific plan and focus area EIRs , and that the proposed Zoning Code Update did not alter the conclusions of the adopted General Plan EIR or subsequent EIRs, or create new environmental impacts.

NOW THEREFORE , BE IT ORDAINED BY THE CITY OF SANTA C LARA AS FOLLOWS:

Ordinance/Zoning Code Update Page 6 of 11
Rev: 09/2019
SECTION 1: That Chapter 18.54 and Chapters 18.60 through 18.120 of Title 18 (entitled “Zoning”) of “The Code of the City of Santa Clara , California” (“SCCC”) are hereby repealed.

SECTION 2: That SCCC Chapters 18.02 through18.58 of Title 18 (entitled “Zoning”) are renumbered to Chapter 18.202 through Chapter 18.258, inclusive. SECTION 3: That the City Clerk is directed to renumber all internal cross -references contained in Chapters

18.202 through Chapter 18.258 to reflect the new numbering scheme.

SECTION 4: That Section 18.256.010 (“Application”) of Chapter 18.256 (Planned Development – Master Community Zoning Districts”) of Title 18 (“Zoning”) is hereby amended to read as follows:
“The regulations set forth in this chapter apply to all Planned Development – Master Community (PD-MC) zoning districts established prior to January 1, 2024. PD-MC zoning districts established prior to January 1, 2024, may be amended pursuant to Chapter

18.142, but no further PD-MC zoning districts shall be created.” SECTION 5: That the first paragraph of Section 18.256.120 (“ Modifications to master community plan and development area plan”) of Chapter 18.256 (Planned Development – Master Community Zoning Districts”) of Title 18 (“Zoning”) is hereby amended to read as follows:
“Modifications to a master community plan shall be considered changes to th e zoning map and shall be made in accordance with the procedures set forth in Chapter 18. 142 SCCC, Amendments.”
SECTION 6: That the Updated Zoning Code is hereby adopted, with the modifications specified below.

Ordinance/Zoning Code Update Page 7 of 11
Rev: 09/2019
SECTION 7: As recommended by the Planning Com mission, an alternate version of Section 18.34.060 is hereby adopted, to read as follows:
“18.34.060 – Materials and Maintenance
A. Graffiti Resistance. Graffiti-resistant aesthetic surface treatment shall be required for all fences and walls adjacent to a public right-of-way, or as determined though the Site Plan and Design Review (Chapter 18.120) process.

B. Fences and wall in Industrial and Office Zones.

1. Storage Area allowable fence and wall material. Within the Industrial-Heavy category, storage area screening may include masonry or concrete, metal, or chain-link fencing with wood or vinyl slats.
2 Security fences and walls. Within all industrial and office zones except Industrial-Heavy, all fencing, or walls shall be wrought iron, concrete, masonry, or other similar materials not to exceed a height of eight feet from the highest finished grade. Chain-link fencing may be used in areas not visible from public rights-of-way.

C. Maintenance. Fences, walls, and screens shall be continuously maintained in an orderly and good condition and shall always be kept free of graffiti.

D. Prohibited Fence, Wall, and Screen Materials. The following materials and fence types are prohibited:

1. Barbed Wire

2. Razor Wire

3. Electrified fences, with the exception of monitored perimeter security fence systems, as described in Section E below

4. Use of grease

5. Broken glass or other sharp materials

E. Monitored perimeter security fence system.
“Monitored perimeter security fence system” means a perimeter alarm system with an assembly of battery-powered equipment, including but not limited to: a monitored alarm device and energizer which is intended to periodically deliver pulses to a security fence, a battery charging device used exclusively to charge

Ordinance/Zoning Code Update Page 8 of 11
Rev: 09/2019
the system’s battery, and other integrated components.

The design, construction, and use of monitored perimeter security fence systems may be permitted subject to the approval of a conditional use permit pursuant to Chapter 18.114, subject to the following additional requirements:

1. IEC Standard No. 60335-2-76. Unless otherwise specified herein, monitored perimeter security fence systems shall be constructed and operated in conformance with the specifications set forth in International Electrotechnical Commission (IEC) Standard No. 60335-2-76, current edition.

2. Power Source. The energizer for monitored perimeter security fence systems must be driven by a commercial storage battery not to exceed twelve (12) volts DC. The storage battery is charged primarily by a solar panel. The solar panel may be augmented by a commercial trickle charger.

3. Perimeter Barrier. Monitored perimeter security fence systems shall be installed behind a nonelectrified fence or wall that complies with section

18.34.060 B.

4. Emergency Gate Access. Before a monitored perimeter security fence system is activated, a Knox device shall be approved by the fire department. The Knox device will be installed at the main entry gate and fully functional at all times when the monitored perimeter security fence system is operational.

5. Separation. The perimeter security fence shall be set back four (4) inches to twelve (12) inches from the nonelectrified fence or wall in order to prevent inadvertent access to the monitored perimeter security fence.

6. Design/Height. The monitored perimeter security fence shall be visually transparent and comprised of twelve and one-half (12.5) gauge galvanized steel wires which are run horizontally, up to the maximum height of ten (10) feet.

7. Warning Signs. Monitored perimeter security fence systems shall be clearly identified with bilingual warning signs in compliance with Civil Code § 835(b)(3) that read: “Warning – Electric Fence” at intervals of not more than thirty (30) feet.

8. Location. Monitored perimeter security fence systems shall only be permitted on properties zoned LI Light Industrial and HI Heavy Industrial.

9. Alarm Signal. The monitored perimeter security fence system shall transmit a signal to an alarm monitoring business in response to an intrusion or burglary.

The system shall not directly connect to or call law enforcement. The

Ordinance/Zoning Code Update Page 9 of 11
Rev: 09/2019
business must first verify the alarm event prior to requesting deployment of law enforcement.”

SECTION 8: That in Article 8, the definition of “Data Center” be revised to read, “Data Center. A facility that is very limited in the number of on -site staff and contains a large number of networked computer servers typically used by businesses and organizations for the remote storage, and distribution of large amounts of data. Also includes Data Warehouses.”
The definition of “Data Center, ancillary” is also added to Article 8 and reads, “Data Center, ancillary. A facility of networked computer servers for private use by an industrial user, and subordinate and accessory to the prima ry use. Ancillary Data Centers are limited to 20% of the building square footage on a site and a maximum power draw of nine (9) Megawatts.”
SECTION 9: That Table 2 -12 is revised to read that Data Centers are a conditionally permitted use in the LO-RD Low-Intensity Office/R+D, HO-RD High- Intensity Office/R+D, LI Light Industrial and HI Heavy Industrial zones.

Table 2-12 is also revised to include a separately enumerated use for Data Center, ancillary, which is a permitted use in the LO-RD Low-Intensity Office/R+D, HO-RD High- Intensity Office/R+D, LI Light Industrial and HI Heavy Industrial zones.

SECTION 10: That S ubparagraph c of paragraph 2 (“ Annual Limit ”) of subs ection C (“Operating Standards for Short -Term Rentals ”) of Section 18.60.250, Short -Term Rentals of Residential Property, which was originally drafted to read, “ For purposes of this section, Accessory Dwelling Units are considered unhosted,” is deleted.

SECTION 11: That a new paragraph 7 is added to subsection C (“Operating Standards

Ordinance/Zoning Code Update Page 10 of 11
Rev: 09/2019
for Short -Term Rentals”) of Section 18.60.250, Short -Term Rentals of Residential Property, to read, “7. Prohibition on Short-Term ADU Rentals. For purposes of this section, Accessory Dwelling Units are prohibited from being rented on a short-term basis.” SECTION 12: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.

SECTION 13: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 14: Effective date. Except as otherwise provided below, this ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of “The Charter of the City of Santa Clara, Califo rnia.” Notwithstanding the foregoing, the following sections shall not take immediate effect:
 Those provisions in Chapter 18.10 (Residential Zones) of Article 2 (Zones, Allowable Uses, and Development Standards ) that apply to the R2, R3, R4, R5, R6, PH-R5, UC, UV, and HD Flex zones, until such time as the City Council adopts a revised zoning map;
 Chapters 18.12 through 18.20 of Article 2 (Zones, Allowable Uses, and Development Standards ), until such time as the City Council adopts a revised

Ordinance/Zoning Code Update Page 11 of 11
Rev: 09/2019
zoning map; and
 Section 18.60.250 (“Short-Term Rentals of Residential Property”) of Chapter 18.60 (“Standards for Specific Land Uses ”) of Article 4 (“ Standards for Specific Land Uses”), for which the implementation is deferred for nine (9) months to allow time for the establishment of a monitoring and compliance program.

PASSED FOR THE PURPOSE OF PUBLICATION this 19th day of December, 2023, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:
___________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: (type None here or type brief description below)

1. Zoning Code update document
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1474 Agenda Date: 12/19/2023

REPORT TO COUNCIL

SUBJECT
Adopt a Resolution in Support of United Against Hate in the City of Santa Clara

BACKGROUND
In recent years, there has been a deep divide throughout the nation which has resulted in an increase in hate crimes and has generated an environment that encourages the propagation of racist, Islamophobic, xenophobic, sexist, homophobic, anti-Semitic, and other bigoted views emboldened by hate groups and individuals. With the impact of current international conflicts, we are reminded that Santa Clarans are deeply affected by the killing of innocent people anywhere in the world, and as a community, we stand for peace.

In 2017, United Against Hate was created by civic leaders in direct response to the sharp rise in expressions of hate in communities to empower residents to take action in their local communities and alter the course of this growing intolerance. Cities and counites across the nation have joined the movement and recently on November 12-18, 2023, recognized United Against Hate Week.

United Against Hate is a call for local civic action by people in every community to stop the hate and implicit biases that are a dangerous threat to the safety and civility of our neighborhoods and cities.

The United Against Hate campaign embodies the City of Santa Clara’s collective commitment to foster an environment in which all Santa Clarans can live, work, and flourish. In support of all communities and individuals, the City of Santa Clara joins in support of the United Against Hate movement to urge all Santa Clarans to promote unity, embrace the strength of diversity and peace, and build equitable communities for all.

The City of Santa Clara will promote the United Against Hate campaign with the distribution of “Santa Clara Stands Against Hate” posters and materials to display at local businesses, City Hall, libraries, community centers, parks, neighborhoods, schools, and places of worship. Together with our community, Santa Clara will continue to spread the message to stand united against hate and unite in peace.

DISCUSSION
On December 19, 2023, the City of Santa Clara shall adopt a resolution in support of United Against Hate to stand for peace and unity in our communities.

ENVIRONMENTAL REVIEW
This is an information report only and no action is being taken by the City Council and no environmental review under the California Environmental Quality Act (“CEQA”) is required.

COORDINATION
City of Santa Clara Printed on 12/15/2023Page 1 of 2
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23-1474 Agenda Date: 12/19/2023
This report was coordinated with the City Attorney’s Office and City Manager’s Office.

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

RECOMMENDATION
Adopt a Resolution in Support of United Against Hate in the City of Santa Clara Reviewed by: Maria Le, Assistant to the City Manager, City Manager’s Office Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Draft Resolution
City of Santa Clara Printed on 12/15/2023Page 2 of 2
powered by Legistar™

DRAFT – NOT APPROVED OR DISSEMINATED
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

STATING SUPPORT FOR UNITED AGAINST HATE

WHEREAS, all human life is precious and deserving of liberty and freedom; and WHEREAS, the City of Santa Clara stands for diversity, belonging, and respect for all, regardless of race, ethnicity, disability, gender i dentity, sexual orientation, religion, socioeconomic status, immigration status, country of origin, or any other characteristic ; and WHEREAS, the number of hate crimes across the nation has increased dramatically over recent years which has impacted Santa Clarans and communities across the United States; and WHEREAS, recent international conflicts have increased Antisemitic, Islamophobic, and xenophobic rhetoric; and
WHEREAS, communities continue to experience sexist, homophobic, and other bigoted views emboldened by hate groups and individuals; and

WHEREAS, Santa Clarans are deeply affected by the killing of innocent people anywhere in the world and, as a community, we stand for peace; and
WHEREAS, the City of S anta Clara stands United Against Hat e, and rejects hatred, prejudice, racism, sexism, bigotry, bullying, or violence in any manner directed toward any individual or group; WHEREAS, the City of Santa Clara is deeply committed to inclusivity, and adopted Ordinance No. 1899 on November 13, 2012, to protect and safeguard the right and opportunity of all persons to be free from all forms of discrimination; and
WHEREAS, the City of Santa Clara strives to build a safe and equitable community which values all community members and residents , regardless of where they w ere born, how they look, what language they speak, how they worship, who they love, their abilities, or how they vote; and WHEREAS, the United Against Hate campaign embodies the City’s collective commitment to foster an environment in which all Santa Clarans can live, work, and flourish without hatred; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City of Santa Clara will join other cities, counties, and municipalities in the San Francisco Bay Area and the rest of the nation in recognizing the United Against Hate campaign as an important reminder to support welcoming and inclusive practices that aim to unite the community and celebrate diversity.

2. That the City of Santa Clara does hereby commit to fightin g injustice and intolerance, standing against anti-Palestinian, Islamophobic, Antisemitic, and xenophobic rhetoric and attacks, and hereby joins the United Against Hate campaign to further state our commitment in Santa Clara to build a community for all people regardless of their race, religion, ethnicity, age, gender identity, sexual orientation, disability, class, or other characteristics.

DRAFT – NOT APPROVED OR DISSEMINATED

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

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1701 Agenda Date: 12/19/2023

REPORT TO COUNCIL

SUBJECT
Action on a Council Written Request (Council Policy 030) Submitted by Vice Mayor Park Requesting to Place an Agenda Item at a Future Council Meeting to Consider a Resolution Addressing the Concerns Brought by Constituents at the December 12, 2023 Regular Council Meeting

BOARD PILLARS
Enhance Community Engagement and Transparency

BACKGROUND
Council Policy 030 - Adding an Item on the Agenda (Attachment 1) sets forth the procedure for written petitions. Any Councilmember may submit a written request raising any issue or item within the subject matter jurisdiction of the Council. Per the policy, the written request will be submitted on the agenda, in the form substantially provided by the requestor, without any staff analysis, including fiscal review, legal review and policy review. If a simple majority of the City Council supports further study of the request, then a full staff analysis shall be prepared within thirty (30) days, unless otherwise directed by the City Council. If the request requires more than 30 days to prepare, status updates will be provided to the Council every 60 days in an informational memo.

DISCUSSION
The City Clerk’s Office received a Council Written Request on December 15, 2023 requesting to place an agenda item at a future council meeting to consider a resolution addressing the concerns brought by constituents at the December 12, 2023 regular council meeting. (Attachment 2).

Per Council Policy 030, Council discussion is limited to whether the item should be added to a future agenda and a date, not the merit of the item. Valid considerations that can be discussed include whether the matter is within the City’s jurisdiction, being addressed in some other way, City resource requirements, legality, timing and prioritization.

FISCAL IMPACT
There is no fiscal impact other than administrative staff time.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s City of Santa Clara Printed on 12/15/2023Page 1 of 2
powered by Legistar™
23-1701 Agenda Date: 12/19/2023
Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Staff makes no recommendation.

Prepared by: Nora Pimentel, Assistant City Clerk
Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

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

2. Council Written Request submitted by Vice Mayor Park dated December 15, 2023 City of Santa Clara Printed on 12/15/2023Page 2 of 2
powered by Legistar™
Revised 10/24/2023 CP 030
Resolution No. 23-9278

Page 1 of 3 ends

City of Santa Clara
Council Policy Manual

ADDING AN ITEM TO THE
AGENDA

PURPOSE The purpose of this Policy is to establish a clear, effective, and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council, placed on the City Council agenda for consideration.

POLICY/

PROCESS FOR

CITY COUNCIL

MEMBERS
Referral from Members of the City Council in Advance of a Meeting:

After consultation with the City Manager (and/or City Attorney, as appropriate), the Mayor or any individual Councilmember may submit a written request by using the Council Item Request Form to the City Manager’s Office for inclusion of an item on a future City Council agenda,.

An item may be referred to the City Manager for inclusion on a City Council agenda during a Council meeting by City Council action.

The procedure for written request from the City Council shall be as follows:

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

2. Prior to submitting a Council Item Request from, the Member shall discuss the proposed request with the City Manager (And/or City Attorney, as appropriate) to determine if City staff’s response does not satisfy the Member’s request, the Member shall submit the Council Item Request form for placement on a future City Council agenda.

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

Referrals from Members of the Council at the Council Meeting If an issue arises during a Council meeting that may require future City Council action a City Council member may also request, through a referral, that such item be agendized for future Council consideration.

Such a request may be considered by the Council following the

City of
Santa Clara
The Center of What's Possible
Revised 10/24/2023 CP 030
Resolution No. 23-9278

Page 2 of 3 ends

City of Santa Clara
Council Policy Manual

POLICY/

PROCESS FOR

COUNCIL

COMMITTEES

POLICY/

PROCESS
FOR

MEMBERS
OF THE
PUBLIC
“Procedure for Handling Requests at the City Council Meeting” set forth below.

Referral from a Council Committee:

Council Committees may request that an item to be considered for inclusion on a future City Council agenda by formal committee action. Any such request shall be submitted to the City Manager in writing. Provided the request is received two (2) days prior to the public release of the City Council agenda packet the item shall be included for consideration at that City Council meeting in accordance with the “Procedure for Handling Requests at the City Council Meeting” set forth below. .

Requests from Members of the Public:

Members of the public may request that an item be added to a City Council Agenda in any of the following ways:

1. Public Presentations: Any member of the public may address the City Council under the “Public Presentations” section of the agenda to make a request of the City Council to add an item to a future meeting.

If a member of the public wishes to provide a written petition of their request prior to their appearance at a Council Meeting they may be submitted as follows:
a. Email:

City Council: [email protected]
City Manager: [email protected]
b. MySantaClara App:
www.santaclaraca.gov/services/make-a-service-request
Note: Written Petitions will not be listed on the City Council agenda, and the member must be present at the meeting to present their request.

2. Individual City Councilmembers: Members of the public may directly petition individual City Councilmembers to request that an item be added to a future Council meeting. The Councilmember may then choose to submit the request through the Council referral process outlined in this Policy, above.

3. City Manager and City Departments: Members of the public may also petition the City Manager or City staff for specific action. The City Manager and/or staff may respond, as appropriate, directly to this request, or direct the member of the public to the other methods of petitioning the City outlined above.

City of
Santa Clara
The Center of What's Possible
Revised 10/24/2023 CP 030
Resolution No. 23-9278

Page 3 of 3 ends

City of Santa Clara
Council Policy Manual

PROCEDURE

FOR HANDLING

REQUESTS AT

THE CITY

COUNCIL

MEETING

1. At the meeting where the request to add an item to a future agenda is heard, Council discussion is limited to whether the item should be added to an agenda and a date, not the merit of the item. Valid considerations that can be discussed include whether the matter is within the City’s jurisdiction, being addressed in some other way, City resource requirements, legality, timing, and prioritization.

2. Council may take the following actions when a request is made:

a. No Action.
b. Refer the request to City staff for further study and a timely report back to Council.
c. Refer the item to a future annual Council Priority Setting session meeting.
d. Placement on a future Council meeting agenda for further consideration or action.

3. At the meeting where the item is first considered, if a majority of the City Council supports further study of the item, then a full staff analysis
shall be prepared within thirty (30) days, unless otherwise directed by the City Council. If the request requires more than thirty (30) calendar days to prepare, status updates will be provided to the City Council every sixty (60) days as an informational memo.

References
10/27/2020 Revised, Resolution No. 20-8895

Attachments: Council Item Request Form

City of
Santa Clara
The Center of What's Possible

COUNCIL ITEM REQUEST FORM
The Council Item Request F orm is for members of the City Council to submit written requests to the City Manager’s Office for inclusion of an item on a future City Council meeting agenda. At the meeting where th e initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the it em. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

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

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

Reference: Council Policy 030 – Adding an Item on the Agenda Resolution No. 23-9278
City of
Santa Clara
The Center of What's Possible
Resolution/Council Policy 030 Page 1 of 2
Rev: 7/27/2023
RESOLUTION NO. 23-9278

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
AMENDING COUNCIL POLICY 030 ENTITLED “ADDING AN ITEM
ON THE AGENDA”

WHEREAS, amending the policy on adding an item on the agen da will establish a clear, effective and easily understood process for members of the City Council and the public to have items, within the jurisdiction of the City Council; WHEREAS, the amended “Adding an Item on the Agenda” policy updates the process for referral from the Members of the City Council and updates the procedure to include consultation with the City Manager and/or City Attorney as part of the procedures; and, WHEREAS, the amended policy also updates the process in which members of the public have options to include items for consideration to the City Council by participating in public presentations, by petition to individual City Councilmembers or by petition to the City Manager and City Departments for specific action; and
WHEREAS, the amended policy further clarifies the procedures to handle requests during City Council meetings where the request is heard and Council discussion is limited but actions may be made to the request; and
WHEREAS, the policy has been amended with the intention of streamlining the public meeting process while maintaining opportunities for both the public and the Council to request topics to be addressed by the City and the City Council at future meetings.

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

1. That Resolution No. 20-8895 adopting amended Council Policy 030 (“Adding an Item on the Agenda”), attached here as Attachment 1, is hereby repealed in its entirety. //
//
//

2. That Council Policy 030 entitled "Adding an Item on the Agenda," attached here as Attachment 2, is hereby approved and adopted.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 24TH DAY OF OCTOBER , 2023, BY THE FOLLOWING VOTE :

AYES : COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED : COUNCILORS :

Attachments incorporated by reference :

1. Resolution No. 20-8895
Chahal , Hardy, Jain, and Watanabe, and Mayor
Gillmor
Becker and Park
None
None
ATTEST : ~

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

2. Council Policy 030 entitled "Adding an Item on the Agenda" Resolution/Council Policy 030
Rev: 7/27/2023

Page 2 of 2 ends

City of
Santa Clara
The Center of What's Possible

COUNCIL ITEM REQUEST FORM
_CIT'{ OF S '.\lffA CL. R,
Oi· FICE flf 'tr".' r'fT'·' CJ F~- / . f •.·, i.J \ f ._.,,_I ➔'. 2023 DEC 15 A 1 7: 07
The Council Item Request Form is for members of the City Council to submit written requests to the City Manager's Office for inclusion of an item on a future City Council meeting agenda. At the meeting where the initial written request is heard, discussion should be limited to whether the item should be added to an agenda and a date, not the merit of the item. A majority vote of the City Council is required for the item to be added to future Council meeting agenda for action.

CONTACT INFORMATION
Requesting Member of City Council _K_e_vi_n_P_a_rk ________________ _ Contact E-mail [email protected]
Contact Phone 408 -650-2186
----------------------------
Tod a y' s Date December 14, 2023

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

Consider a resolution addressing concerns brought by constituents at the December 12, 2023 regular council meeting .

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

City Council and Authorities ConcurrentDecember 19, 2023

City Council and Authorities Concurrent
December 19, 2023