Agenda packet — City Council and Authorities Concurrent, February 20, 2024 (part 4 of 6)

Resolution/Downtown Precise Plan EIR Page 1 of 6
Rev: 7/27/2023
RESOLUTION NO. 23-9293

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

APPROVAL AND CERTIFICATION OF A FINAL

ENVIRONMENTAL IMPACT REPORT, FOR THE ADOPTION OF

CEQA FINDINGS AND A STATEMENT OF OVERRIDING

CONSIDERATIONS WITH RESPECT THERETO, AND ADOPTION

OF A MITIGATION MONITORING AND REPORTING PROGRAM

FOR THE DOWNTOWN PRECISE PLAN AND FORM BASED

ZONING CODE

SCH No.: 2022010282
Santa Clara Downtown Precise Plan Environmental Impact Report

WHEREAS, the City intends to adopt the Downtown Precise Plan and Form Based Zoning Code, a Plan and Zoning District for a revitalized Downtown with a reconnected street grid, new public spaces and up to 1,071 residential units, 531,720 square feet of office space, and 197,900 square feet of commercials uses, located on approximately 25 acres bounded by Benton Street, Lafayette Street, Homestead Road, and Madison Street, which is currently developed with a mix of residential, office, and retail uses in buildings ranging from one to seven stories; and; WHEREAS, a Precise Plan provides detailed guidance through goals, policies, and implementation measures with more detail than the General Plan;
WHEREAS, a Form Based Zoning Code provides development standards that implement the direction of the Precise Plan;
WHEREAS, the proposed Downtown Precise Plan is consistent with the Goals and Policies of the Future Focus Areas section in the General Plan;
WHEREAS, as a part of implementing the Precise Plan, the City is contemplating the adoption of a General Plan Amendment (“GPA”) to amend the General Plan land use diagram by changing the existing land use designations of the Project Site from Downtown Core, Community Mixed Use, and Medium Density Residential to a new designation, Downtown, that allows for a mix of residential, commercial, office, and civic uses with site specific building heights ranging from two to seven stories;
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Resolution/Downtown Precise Plan EIR Page 2 of 6
Rev: 7/27/2023
WHEREAS, the City is contemplating the amendment of SCCC Title 18, the Zoning Code, to replace the CD - Downtown Commercial zoning district with a Downtown zoning district and associated Form-Based Zoning Code that implements and is consistent with the proposed Precise Plan, and to apply this zoning district across the entire Project Site; WHEREAS, the Project approvals will include this Resolution; the CEQA Resolution; the General Plan Amendment Resolution; the Precise Plan Resolution; and the Ordinance for the Zoning Code Text Amendment and Rezoning Ordinance (collectively, the “Approvals”); WHEREAS, on January 19, 2022 the City of Santa Clara (“City”) distributed a Notice of Preparation of a Draft Environmental Impact Report (“DEIR”) for the Downtown Precise Plan that included a total of approximately 1,317,600 square feet of housing (up to 1,326 residential units); 669,500 square feet of office/hotel; 197,900 square feet of retail/retail ready/and entertainment; and 44,300 square feet of public space and on January 19, 2022 posted the Notice at the Santa Clara County Clerk’s office, soliciting guidance on the scope and content of the environmental information to be included in the DEIR; WHEREAS, the DEIR was prepared in accordance with CEQA and the City circulated copies of the DEIR and Notice of Availability to the public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons, organizations and agencies, and the City sought the comments of such persons, organizations and agencies on May 31, 2023 for a 45-day review period, ending on July 17, 2023 (“Comment Period”);
WHEREAS, the City prepared written responses to the comments received during the Comment Period and included those responses in a Final Environmental Impact Report (“FEIR”). The FEIR consists of a list of agencies and organizations to whom the DEIR was sent, a list of the comment letters received on the DEIR, revisions to the text of the DEIR, responses to comments received on the DEIR, and copies of comment letters. The FEIR was circulated for a 10-day review period beginning on October 11, 2023;
WHEREAS, the DEIR and FEIR constitute the EIR for the Project; Resolution/Downtown Precise Plan EIR Page 3 of 6
Rev: 7/27/2023
WHEREAS, the EIR identified certain significant and potentially significant adverse effects on the environment that would be caused by the Project as proposed; WHEREAS, the EIR outlined various mitigation measures that would substantially lessen or avoid the Project’s significant effects on the environment, as well as alternatives to the Project as proposed that would provide some environmental advantages; WHEREAS, the City is required, pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.), to adopt all feasible mitigation measures or feasible project alternatives that can substantially lessen or avoid any significant environmental effects of the Project;
WHEREAS, the EIR analyzed a No Project alternative for the Precise Plan area, that contemplates the existing conditions remaining substantially the same, and a Reduced Density alternative; WHEREAS, Public Resources Code § 21081, subdivision (a) requires a lead agency, before approving a project for which an EIR has been prepared and certified, to adopt findings specifying whether mitigation measures and, in some instances, alternatives discussed in the EIR, have been adopted or rejected as infeasible;
WHEREAS, the “CEQA Findings” attached to this Resolution is a set of Findings of Fact and a Statement of Overriding Considerations prepared in order to satisfy the requirements of Public Resources Code § 21081, subdivision (a);
WHEREAS, the City Council has determined that none of the alternatives addressed in the EIR, would be both feasible and environmentally superior to the Project as proposed. The No Project alternative and the Reduced Density alternative would not sufficiently satisfy the Project Objectives.

The details supporting these determinations are set forth in the CEQA Findings; WHEREAS, in taking this course, the City Council has acted consistent with the CEQA mandate to look to project mitigations and/or alternatives as a means of substantially lessening or avoiding the environmental effects of projects as proposed;
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Resolution/Downtown Precise Plan EIR Page 4 of 6
Rev: 7/27/2023
WHEREAS, many of the significant and potentially significant environmental effects associated with the Project can either be substantially lessened or avoided through the inclusion of mitigation measures proposed in the EIR;
WHEREAS, the City Council, in reviewing the Project, intends to adopt all mitigation measures set forth in the EIR;
WHEREAS, Section 15025(c) of the CEQA Guidelines provides that whenever an advisory body such as a Planning Commission is required to make a recommendation on a project to the decisionmaking body, the advisory body must also review and consider the EIR; WHEREAS, on October 25, 2023, the Planning Commission reviewed and considered the EIR at a duly noticed public meeting, at the conclusion of which, the Commission voted to recommend that the Council approve and certify the EIR;
WHEREAS, notice of the December 5, 2023 public hearing on the proposed project was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on October 11, 2023; WHEREAS, notices of the December 5, 2023 public hearing on the proposed project were mailed to all property owners within 1,000 feet of the Project Site, according to the most recent assessor’s roll, on October 11, 2023; and,
WHEREAS, the City Council reviewed the EIR and Mitigation Monitoring and Reporting Program, attached as the “MMRP”, as well as a set of CEQA Findings and, in accordance with the requirements of CEQA, along with the City Staff report pertaining to the EIR for the Project (SCH # 2022010282), and all evidence received at a duly noticed public hearing on December 5, 2023. All of these documents and evidence are incorporated herein by reference into this Resolution.

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

Resolution/Downtown Precise Plan EIR Page 5 of 6
Rev: 7/27/2023

3. That the City Council hereby finds the EIR has been presented to the City Council, which reviewed and considered the information and analysis contained therein.

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

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

6. That, in order to comply with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program as set forth in the attached “MMRP”. The MMRP is designed to ensure that, during project implementation, the City, affected landowners, their assigns and successors in interest and any other responsible parties comply with the feasible mitigation measures identified. The MMRP identifies, for each mitigation measure, the action to be taken and the party responsible for implementation.

7. That the City Council hereby finds that the EIR set forth program and cumulative environmental impacts that are significant and unavoidable that cannot be mitigated or avoided through the adoption of feasible mitigation measures or feasible alternatives. As to these impacts, the City Council finds that there exist certain overriding economic, social and other considerations for approving the Project that justify the occurrence of those impacts, as detailed in the “CEQA Findings” exhibit attached hereto.
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8. Based on the findings set forth in this Resolution , the evidence in the City Staff Report, and the attached CEQA Findings , the City Council approves and certifies the EIR, adopts the CEQA findings concerning mitigation measures , adopts the MMRP, makes findings concerning alternatives and makes findings that there exist certain overriding econom ic, social and other considerations for approving the Project that justify the occurrence of those associated impacts and adopts the CEQA Findings and Statement of Overriding Considerations , all in accordance with CEQA for the Project.

9. Pursuant to Section 15091 (e) of the CEQA Guidelines , the City Council hereby designates the Director of Community Development as the Custodian of Records for the Project , and the Planning Division at City Hall, 1500 Warburton Avenue , Santa Clara, California , is the location of the documents and other material that constitute the record of proceedings upon which this decision is based .

10. 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 5TH DAY OF DECEMBER , 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS :

NOES: COUNCILORS:

ABSENT : COUNCILORS:

ABSTAINED : COUNCILORS:

Attachments incorporated by reference :

1. MMRP

2. CEQA Findings
Resolution/Downtown Precise Plan EIR
Rev: 7/27/2023
Becker, Chahal, Hardy, Jain, Park, and Watanabe
None
None
MayorGillm W'1or ,
ATTEST : --N~O~R~A- P_I_M~E-N-T ..... E~L--, ,..._M_M _ ___ _

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Page 6 of 6 ends

DRAFT

MITIGATION MONITORING AND REPORTING PROGRAM

Santa Clara Downtown Precise Plan Project

CITY OF SANTA CLARA

May 31, 2023

P R E F A C E

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

The Environmental Impact Report (EIR) concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.

This document does not discuss those subjects for which the EIR concluded that mitigation measures would not be required to reduce significant impacts.

Santa Clara Downtown Precise Plan Project 1 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Air Quality
Impact AIR-1: As
mitigated, the project
would not conflict with
or obstruct
implementation of the
applicable air quality
plan.

Same mitigation as Mitigation Measures AIR-3.1 and AIR-3.2. See below See below See below Impact AIR-2: As
mitigated, the project
would not result in a
cumulatively
considerable net
increase of any criteria
pollutant for which the
project region is non-
attainment under an
applicable federal or
state ambient air
quality standard.

Same mitigation as Mitigation Measures AIR-3.1 and AIR-3.2. See below See below See below IMPACT AIR-3:

Development proposed
under the Santa Clara
Downtown Precise
Plan (SCDPP) would
MM AIR 3.1: During any construction ground disturbance, the project applicant shall ensure that the project contractor implements the following Bay Area Air Quality Management District (BAAQMD) Construction Best Management Practices:

During any
construction
ground
disturbance

Project applicant
and project
contractor

Director of
Community
Development or
Director’s
Designee
Santa Clara Downtown Precise Plan Project 2 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
result in significant
construction air
pollutant emissions due
to dust generation, and
emissions of toxic air
contaminants (TACs)
and criteria pollutants
during construction.
• All exposed unpaved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
• All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles-per-hour (mph).
• All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting
equipment off when not in use or reducing the maximum
idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and
properly tuned in accordance with the manufacturer’s
specifications. All equipment shall be checked by a
certified mechanic and determined to be running in proper condition prior to operation.

Santa Clara Downtown Precise Plan Project 3 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
• Post a publicly visible sign with the telephone number and person to contact at the construction firm regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
• The contractor shall install temporary electrical service, whenever possible, to avoid the need for independently
powered equipment (e.g., generators).

MM AIR-3.2: Prior to receiving demolition, grading, and building permits, a qualified air quality consultant shall prepare a project-level air quality assessment that quantifies
construction criteria pollutant and TAC emissions for each individual project proposed within the SCDPP once
construction details are available. The air quality assessments shall model construction impacts and, if necessary, include measures to reduce emissions. Criteria pollutant emissions shall not exceed BAAQMD construction criteria pollutant emissions thresholds. Health risks from construction TACs shall be reduced below 10 in one million excess cancer cases, a hazard index (HI) of 1.0, and a fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM

2.5)
concentration of 0.3 micrograms per cubic meter (μg/m3). The air quality assessment shall be submitted for review and approval by the Director of Community Development or the Director’s designee, once complete.

Prior to receiving
demolition,
grading, and
building permits

A qualified air
quality
consultant

Director of
Community
Development or
the Director’s
designee
Santa Clara Downtown Precise Plan Project 4 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Reduction in emissions can be accomplished through, but is not limited to, the following measures:

• Construction equipment selection for low emissions;
• Use of alternative fuels, engine retrofits, and added exhaust devices;
• Low-volatile organic compounds (VOC) paints;
• Modify construction schedule; and
• Implementation of BAAQMD Basic and/or Additional
Construction Mitigation Measures for control of fugitive dust

Impact AIR-3: As
mitigated, the project
would not expose
sensitive receptors to
substantial pollutant
concentrations.

Same mitigation as Mitigation Measures AIR-3.2 and AIR-3.3. See above and below
See above and
below
See above and
below
Impact AIR-3: Future
development proposed
under the Santa Clara
Downtown Precise
Plan (SCDPP) would
result in significant
operational toxic air
MM AIR-3.3: Prior to receiving demolition, grading, and building permits, a qualified air quality consultant shall prepare a project-level health risk assessment that analyzes project operational TAC sources and identifies sources of TACs within 1,000 feet of the project site boundaries. The qualified air quality consultant shall use the latest Bay Area Air Quality Management District (BAAQMD) guidance to determine which Prior to
receiving
demolition,
grading, and
building permits
A qualified air
quality
consultant
Director of
Community
Development or
the Director’s
designee
Santa Clara Downtown Precise Plan Project 5 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
contaminant (TAC)
impacts from stationary
sources.

sources of TACs shall be included in the risk assessment.

Screening tools approved by BAAQMD may be used in lieu of dispersion modeling; however, if no screening tool is available then an in-depth health risk assessment with dispersion modeling shall be required. The community risk assessment shall model the project’s operational TAC impacts and compare the health risk values against the latest BAAQMD single-source thresholds. If necessary, the risk assessment shall include measures to reduce project health risk impacts. Health risks associated with project TAC sources shall be reduced below 10 in one million excess cancer cases, a hazard index (HI) of 1.0, and a fine particulate matter where particles have a diameter of

2.5 micrometers or less (PM2.5) concentration of 0.3
micrograms per cubic meter (μg/m
3). The project-level health
risk assessment shall be submitted for review and approval by the Director of Community Development or the Director’s designee, once complete.

Impact AIR-C: As
mitigated, the project
would not result in a
cumulatively
considerable
contribution to a
cumulatively
significant air quality
impact.

Same mitigation as Mitigation Measures AIR-3.1 and AIR-3.2. See above See above See above Santa Clara Downtown Precise Plan Project 6 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Impact AIR-C: Future
development proposed
under the Santa Clara
Downtown Precise
Plan (SCDPP) could
contribute to
cumulative toxic air
contaminant (TAC)
impacts.

MM AIR-C.1: Prior to receiving demolition, grading, and building permits, a qualified air quality consultant shall prepare a cumulative community risk assessment that analyzes project operational TAC sources and identifies sources of TACs within 1,000 feet of the project site boundaries. The qualified air quality consultant shall use the latest Bay Area Air Quality Management District (BAAQMD) guidance to determine which sources of TACs shall be included in the risk assessment.

Screening tools approved by BAAQMD may be used in lieu of dispersion modeling; however, if no screening tool is available then an in-depth health risk assessment with dispersion modeling shall be required. The community risk assessment shall model the project’s operational TAC impacts and compare the health risk values against the latest BAAQMD single-source thresholds. The combined health risk impacts shall be
compared against the latest BAAQMD cumulative-source
thresholds. If necessary, the risk assessment shall include measures to reduce project health risk impacts. The combined health risks from TAC sources shall be reduced below the cumulative source thresholds of 100 in one million excess cancer cases, a hazard index (HI) of 10.0, and a fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM

2.5) concentration of 0.8 micrograms per cubic meter
(μg/m3). The cumulative community risk assessment shall be submitted for review and approval by the Director of
Community Development or the Director’s designee, once
complete.

Prior to
receiving
demolition,
grading, and
building permits
A qualified air
quality
consultant
Director of
Community
Development or
the Director’s
designee
Santa Clara Downtown Precise Plan Project 7 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Biological Resources
Impact BIO-1:

Construction activities
associated with future
development within the
Santa Clara Downtown
Precise Plan (SCDPP)
area could result in the
loss of fertile eggs,
nesting raptors or other
migratory birds, or nest
abandonment.

MM BIO-1.1: Construction shall be scheduled to avoid the nesting season to the extent feasible. The nesting season for most birds, including most raptors, in the San Francisco Bay area extends from February 1
st through August 31st.

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

During this survey, the ornithologist shall inspect all tress and other possible nesting habitats within and immediately adjacent to the construction area of nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist shall determine the extent of a construction- free buffer zone to be established around the nest to ensure that nests of bird species protected by the Migratory Bird Treaty Agreement (MBTA) or Fish and Game Code shall not be
disturbed during project construction.

For pre-
construction
surveys, no more
than 14 days
prior to the
initiation of
grading, tree
removal, or other
demolition or
construction
activities during
the early part of
the breeding
season and no
more than 30
days prior to the
initiation of these
activities during
the late part of
the breeding
season as
described in MM
BIO-1.2
Project applicant
and
qualified
ornithologist
Director of
Community
Development or
the Director’s
designee
Santa Clara Downtown Precise Plan Project 8 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Impact BIO-5: Tree
removal from
redevelopment of
individual parcels
under the Santa Clara
Downtown Precise
Plan (SCDPP) could
result in a significant
impact to trees.

MM BIO-5.1: Projects proposing or required to retain trees on- site shall implement precautionary measures during site construction to limit adverse environmental effects on trees protected under General Plan Policies 5.10.1-P3 and 5.10.1-P4 that are to be retained. A tree protection plan shall be prepared by a qualified arborist that, at a minimum, requires installation of an open material (e.g., chain link) fence six feet in height around the drip line and maintenance of the existing grade level around a tree and out to its drip line. Proof of tree protection measures shall be provided to the Director of Community Development or the Director’s designee prior to issuance of any demolition or grading permits.

The minimum tree replacement size shall be a 24-inch box for all on-site plantings, with all street trees to be a minimum 36- inch box. Street tree selection shall be per City specifications; spacing, and species shall be approved by City Arborist. Tree removal permits shall be obtained prior to the issuance of any demolition or grading permits.

Prior to issuance
of any
demolition or
grading permits
Project applicant Director of
Community
Development or
the Director’s
designee
Santa Clara Downtown Precise Plan Project 9 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Impact BIO-C: As
mitigated, the project
would not result in a
cumulatively
considerable
contribution to a
cumulatively
significant biological
resources impact.

Same mitigation as Mitigation Measures BIO-1.1, BIO-1.2, BIO-5.1, and BIO-5.2.

See above See above See above
Cultural Resources
Impact CUL-2: Future
projects proposed
under the Santa Clara
Downtown Precise
Plan (SCDPP) could
result in impacts to as
yet unidentified buried
archaeological
resources.

MM CUL-2.1: Prior to grading of the project site, a qualified archaeological consultant shall conduct subsurface sampling to determine if historic archaeological resources are present.

Testing for historic-era resources shall extend to a depth of four feet below the current ground surface. Testing for prehistoric resources shall extend to a depth of eight feet below the current ground surface to account for rapid alluviation during the Holocene era. In the event that resources are discovered on-site, a site-specific cultural resources treatment plan shall be prepared and approved by the Director of Community
Development or Director’s designee prior to issuance of any of grading permits in conformance with the steps outlined below.

Investigation – Resource Identification
Archaeologists shall investigate features to determine their Prior to grading
of the project
site

Project applicant
and a qualified
archaeologist
consultant

Director of
Community
Development or
Director’s
designee

Santa Clara Downtown Precise Plan Project 10 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
potential significance. Decisions shall be made about which features shall be subject to archaeological data recovery.

• The determination of significance of historic archaeological property types is tied directly to their historical context and relevance to research themes further discussed below.

Usefulness of a property type (feature) with regard to
relevant research themes determines the legal importance of that resource. Also germane to the importance of property types are assessments of integrity, land use history, and comparison with other known similar property types.

Especially relevant here are issues that cannot be addressed using data from other sources. The purpose of identifying relevant research themes is to help predict areas of special concern, given expected property types. Determination of relevance to research themes is critical to the identification of significant features in the field.
• If data recovery is determined to be appropriate, excavation shall target recovery of an appropriate amount of
information from archaeological deposits to determine
potential of the resource to address specific research
questions. If it occurs, data recovery shall emphasize
understanding of the archaeological deposit’s structure, including features and stratification, horizontal and vertical extent, and content including the nature and quantity of artifacts.

Santa Clara Downtown Precise Plan Project 11 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Reporting
The findings reports shall follow the outline below and shall focus on particular finds encountered during the excavation. All reports shall, at a minimum, meet the Secretary of the Interior's Standards for Archaeological Documentation. The report shall be submitted to the project applicant and all reviewing agencies, and shall ultimately be filed with the Northwest Information Center at Sonoma State University.

The technical report on project results may address the following elements:

• executive summary;
• statement of scope, including project location and setting; • background contexts or summaries;
• summary of previous research, historical and
archaeological;
• research goals and themes;
• field and laboratory methodologies;
• descriptions of recovered materials;
• findings and interpretations, referencing research goals; • conclusions;
• references cited; and
• appendices such as artifact catalogs, special studies, and other information relevant to the project and findings.

Santa Clara Downtown Precise Plan Project 12 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
MM CUL-2.2: Upon completion of all field work, but before completion of the Findings Report (outlined in MM CUL-2.1), a preliminary report outlining the data recovery work on the site(s) shall be submitted to the Director of Community Development or Director’s designee for review and approval prior to issuance of building permits.

MM CUL-2.3: In the event that buried, or previously
unrecognized archaeological deposits or materials of any kind are inadvertently exposed during any construction activity, work within 50 feet of the find shall cease until a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. The archaeologist, in consultation with the project applicant, shall make the necessary plans for treatment of the find(s) if the resource is eligible for listing on the National Register of Historic Places (NRHP) or the California Register of Historical Resources (CRHR). Construction and potential impacts to the area within a radius determined by the archaeologist shall not recommence until the assessment is complete.

Prior to issuance
of building
permits

In the event that
buried, or
previously
unrecognized
archaeological
deposits or
materials of any
kind are exposed
during
construction
activity

Project applicant
and a qualified
archaeologist
consultant

Director of
Community
Development or
Director’s
designee

Impact CUL-3.1:

Future projects
proposed under the
Santa Clara Downtown
Precise Plan (SCDPP)
MM CUL-3.1: In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped. The Santa Clara County Coroner shall be notified and shall make a
determination as to whether the remains are of Native
American origin or whether an investigation into the cause of In the event that
human remains
are discovered
during
excavation
Project applicant Director of
Community
Development or
Director’s
designee, Santa
Santa Clara Downtown Precise Plan Project 13 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
could result in impacts
to human remains.
death is required. If the remains are determined to be Native American, the Coroner shall notify the Native American
Heritage Commission (NAHC) immediately. Once NAHC
identifies the most likely descendants, the descendants shall make recommendations regarding proper burial, which shall be implemented in accordance with Section 15064.5(e) of the California Environmental Quality Act (CEQA) Guidelines.

and/or grading
of the site
Clara County
Coroner, and
Native American
Heritage
Commission
(NAHC)
Impact CUL-C: As
mitigated, the project
would not result in a
cumulatively
considerable
contribution to a
cumulatively
significant cultural
resources impact.

Same mitigation as Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1 and implementation of the Condition of Approval.

See above See above See above Geology and Soils
Impact GEO-6:

Development proposed
under the Santa Clara
Downtown Precise
Plan (SCDPP) has the
potential to disturb
unknown
paleontological
MM GEO-6.1: Future projects requiring excavation of 10 feet or more below the ground surface (bgs) shall be monitored by a qualified paleontologist. In the event paleontological resources are discovered, all work on the site shall stop immediately, the Community Development Director or Director’s designee shall be notified, and the qualified paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treatment may include, but is not limited to, Prior to the
issuance of
building permits
Project applicant
and qualified
paleontologist
Community
Development
Director or
Director’s
designee
Santa Clara Downtown Precise Plan Project 14 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
resources during
excavation, grading and
construction activities.

preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The project applicant shall be responsible for implementing the recommendations of the qualified
paleontologist. A report of all findings shall be submitted to the Community Development Director or Director’s designee prior to the issuance of building permits.

Impact GEO-C: As
mitigated, the project
would not result in a
cumulatively
considerable
contribution to a
cumulatively
significant geology and
soils impact.

Same mitigation as Mitigation Measure GEO-6.1.

See above See above See above
Greenhouse Gas Emissions
Impact GHG-1:

Operation of
developments approved
under the Santa Clara
Downtown Precise
Plan (SCDPP) after the
year 2030 has the
MM GHG-1.1: Future projects approved after the year 2030 shall be required to conform to the applicable GHG reduction standards in place at the time the project is initiated as provided in the City’s adopted qualified Climate Action Plan (CAP) for year 2040 or 2050 (whichever is applicable). Proof of
compliance shall be provided in writing for review and
At the time the
project is
initiated

Project applicant

Director of
Community
Development or
the Director’s
designee

Santa Clara Downtown Precise Plan Project 15 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
potential to result in
greenhouse gas (GHG)
emissions that would
result in an impact on
the environment.

approval by the Director of Community Development or the Director’s designee.

MM GHG-1.2: If the City of Santa Clara does not have a
qualified GHG CAP adopted for year 2040 or 2050, or the project cannot comply with the reduction strategies in the 2040 or 2050 CAPs (whichever is applicable), then the project applicant shall purchase and retire carbon offset credits equivalent to the project’s total operational GHG emissions.

• The project applicant shall provide proof to the Director of Community Development or the Director’s designee that
the carbon offset credits were issued by a registry meeting the following requirements:
o The registry shall account for and quantify emission
reductions using clear and defined standards and
incorporating recognized principles of GHG emissions
reduction accounting, including those set forth in the
international organization for standardization (ISO)
14064 and the World Resources Institute (WRI)/World
Business Council for Sustainable Development
(WBCSD) GHG Protocol for Project Accounting;
o The registry shall use clear information sufficient for reviewers to assess credibility of GHG emission
reductions underlying the carbon offset credits. Upon
request by the City’s Director of Community
Development or the Director’s designee, any

At the time the
project is
initiated

Project applicant

Director of
Community
Development or
the Director’s
designee

Santa Clara Downtown Precise Plan Project 16 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
governmental entity, or any stakeholder, the registry
shall provide the following information within a
reasonable time period in connection with any carbon
offset credit retired by the project applicant: (i) the applicable quantification protocol; and (ii) all third- party confirmation or verification reports issued in
connection with the carbon offset credits. Such
information shall be sufficient to monitor compliance
by the project applicant with this mitigation measure.
o The carbon offset credits retired by the project applicant for the purpose of mitigating GHG emissions shall
represent GHG emission reductions that are real,
permanent, additional, quantifiable, verifiable and
enforceable.1

1 The following terms in this mitigation are defined as follows: “Additional” means GHG emission reductions or removals underlying the carbon offset credits that exceed any GHG reduction or removals otherwise required by law, regulation or legally binding mandate, and that exceed any GHG reductions or removals that would otherwise occur in a business-as-usual scenario. To be additional, the credit shall have reduced GHG emissions below the applicable common industry practice for GHG reductions as in effect at the time the credit project was initiated. “Real” means that GHG reductions or GHG enhancements underlying the carbon offset credits result from a demonstrable action or set of actions, and are quantified using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources, GHG sinks, and GHG reservoirs within the boundary of the applicable credit project and account for uncertainty and the potential for activity-shifting leakage and market-shifting leakage. “Verifiable” means that the GHG reductions or GHG enhancements underlying the carbon offset credits are well documented, transparent and set forth in a document subject to objective review by an accredited verification body. “Permanent” means that GHG reductions and GHG removal enhancements underlying the carbon offset credits are not reversible, or when GHG reductions and GHG removal enhancements may be reversible, that mechanisms are in place to replace any reversed GHG emission reductions and GHG removal enhancements to ensure that all credited reductions endure for at least 100 years. To ensure permanence, reductions from purchased credits must have already occurred. “Quantifiable” means the ability to accurately measure and calculate GHG reductions or GHG removal enhancements relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the boundary of the credit project generating the carbon offset credits, while accounting for uncertainty and activity shifting leakage and market-shifting leakage. “Enforceable” means the authority for the City to hold the project accountable and to take appropriate action if the City determines that any carbon offset credits do not comply with the requirements set forth above.

Santa Clara Downtown Precise Plan Project 17 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
To demonstrate compliance with such requirements, the project applicant shall provide the following to the City’s Director of Community Development or the Director’s designee: (i) the protocol used to quantify and issue such carbon offset credits, (ii) the third-party verification report(s) pursuant to which such carbon offset credits were issued, and (iii) the unique serial numbers of the carbon offset credits to be retired to ensure that the offset cannot be further used in any manner. The Director of Community Development of the Director’s designee shall reject any carbon offset credits that do not comply with these requirements, and where reductions are not direct reductions within a confined project boundary or provide opportunities for reversal of the avoided emissions. The Director of Community Development or the Director’s designee shall reject any credits for a project that includes technology or GHG abatement practices that are already widely used.

• The carbon offset credits shall be from credit projects developed locally. If carbon offset credits are not available locally, the carbon offset credits shall be from credit projects developed in the United States. Carbon offset
credits resulting from international credit projects shall not be acceptable to satisfy this mitigation measure.
• The project applicant shall mitigate GHG emissions
resulting from project operations by purchasing and retiring offset credits prior to each year’s emissions that exceed the threshold. The applicant shall provide proof in the form of a Santa Clara Downtown Precise Plan Project 18 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
compliance report to the Director of Community
Development of the Director’s designee that carbon offset credits equal to the amount of project operational GHG
emissions in excess of the threshold have been purchased and retired, prior to the operational year in which those emissions would occur. The applicant shall also have the right, at any time, to purchase and retire carbon offset credits for some or all of the operational emissions of the project in advance of the issuance of certificates of
occupancy, temporary or permanent.
• The permits relating to the project shall be conditioned on achievement of GHG mitigation milestones. The purchase
and retirement of carbon offset credits required to mitigate the GHG emissions resulting from the operation of the
project shall be a condition of the issuance of a certificate of occupancy, temporary or permanent, for the project and as an issuance for continued operation. Should the City determine that the offset credits are non-compliant with these requirements, the City may issue a notice of non- consistency and cease permitting activities and/or stop project operations, until the City determines via an issued public notice that the offsets comply with the
aforementioned standards.

Impact GHG-2: Even
with implementation of
the identified
Same mitigation as Mitigation Measures GHG-1.1 and GHG-

1.2. See above See above See above
Santa Clara Downtown Precise Plan Project 19 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
mitigation measures,
the project would
conflict with an
applicable plan, policy,
or regulation adopted
for the purpose of
reducing the emissions
of GHGs.

Impact GHG-C: As
mitigated, the project
would not result in a
cumulatively
considerable
contribution to a
cumulatively
significant GHG
emissions impact.

Same mitigation as Mitigation Measures GHG-1.1 and GHG-

1.2. See above See above See above
Hazards and Hazardous Materials
Impact HAZ-2:

Existing hazardous
materials
contamination in soils
and groundwater within
the Santa Clara
Downtown Precise
MM HAZ-2.1: Prior to the start of any demolition or
construction activity, a property-specific Phase I Environmental Site Assessment (ESA) shall be completed in accordance with American Society for Testing and Materials (ASTM) Standard Designation E1527-21 (or most recent version) to identify Recognized Environmental Conditions (RECs), evaluate the property history, and establish whether or not the property is Prior to the start
of any
demolition or
construction
activity

Project applicant

Director of
Community
Development or
the Director’s
designee

Santa Clara Downtown Precise Plan Project 20 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Plan (SCDPP) area has
the potential to impact
construction workers
and adjacent land uses
if disturbed during
demolition or
construction of new
buildings and structures
on-site.
likely to have been impacted by chemical releases. Soil, soil vapor, and/or groundwater quality studies (Phase II ESAs) shall subsequently be conducted, if warranted, based on the findings of the property-specific Phase I ESAs, to evaluate if measures are needed to protect the health and safety of site occupants.

Environmental Protection Agency (EPA) regulatory levels, an appropriate corrective action/risk management plan (e.g., remedial action plan [RAP], removal action workplan [RAW], or Site Management Plan [SMP], etc.) shall be prepared that reflects the results of the property-specific investigations. The corrective action/risk management plan shall describe
mitigation measures necessary to protect the health and safety of future site occupants and establish appropriate management practices for handling and monitoring of impacted soil, soil vapor, and groundwater that may be encountered during
construction activities. The corrective action/risk management plan shall be prepared by an Environmental Professional and be submitted to an appropriate overseeing regulatory agency (e.g., Santa Clara County Department of Environmental Health
[SCCDEH], DTSC, or RWQCB) and the City of Santa Clara
Fire Department (SCFD) for review. Regulatory agency

Prior to the start
of earthwork
activities

Project
Applicant and
Environmental
Professional

Director of
Community
Development or
the Director’s
designee and the
appropriate
overseeing
regulatory
agency (e.g.,
Santa Clara
County
Department of
Environmental
Health
[SCCDEH],
DTSC, or
RWQCB) and
the City of Santa
Clara Fire
Department
(SCFD)
Santa Clara Downtown Precise Plan Project 21 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
approval shall be obtained prior to commencing earthwork activities. A Health and Safety Plan (HSP) shall also be prepared to establish health and safety protocols for personnel working at the site. All mitigation measures shall be completed under regulatory agency oversight and meet all applicable federal, state, and local laws, regulations, and requirements.

Following completion, a report documenting compliance with the provisions of the corrective action/risk management plan and describing the work completed shall be submitted and approved by the overseeing regulatory agency.

MM HAZ-2.3: If a project requires importing soil for property grading, the source and quality of imported soil shall be documented according to the DTSC’s Clean Fill Advisory
(October 2001).

Land Use and Planning
Impact LU-2: Even
with implementation of
the identified
mitigation measures,
the project would cause
a significant
environmental impact
due to a conflict with a
land use plan, policy,
or regulation adopted
Same mitigation as Mitigation Measures GHG-1.1 and GHG-

1.2. At the time the
project is
initiated

Project applicant

Director of
Community
Development or
the Director’s
designee

Santa Clara Downtown Precise Plan Project 22 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
for the purpose of
avoiding or mitigating
an environmental
effect.

Impact LU-C: As
mitigated, the project
would not result in a
cumulatively
considerable
contribution to a
cumulatively
significant land use and
planning impact.

Same mitigation as Mitigation Measures GHG-1.1 and GHG-

1.2. See above See above See above Noise and Vibration
Impact NOI-1:

Construction activities
associated with future
development could
generate hourly
average noise levels in
excess of 60 equivalent
continuous noise level
(dBA L
eq) for
residential uses and 70
dBA Leq for
MM NOI-1.1: The project applicant shall submit and
implement a construction noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting and notification of construction schedules, equipment to be used, and designation of a noise disturbance coordinator. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. In addition, the noise disturbance coordinator shall respond to neighborhood complaints and shall be in place prior to the start of construction and implemented during
Prior to the
issuance of any
grading or
demolition
permits
Project applicant Director of
Community
Development or
the Director’s
designee
Santa Clara Downtown Precise Plan Project 23 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
commercial uses and
the ambient noise
environment by at least
five dBA Leq for a
period of more than
one year.
construction to reduce noise impacts on neighboring residents and other uses. The noise logistic plan shall be submitted to the Director of Community Development or the Director’s
designee prior to the issuance of any grading or demolition permits.

As part of the noise logistic plan, construction activities for the proposed project shall include, but are not limited to, the following best management practices:

• Limit construction hours within 300 feet of any
residentially zoned property to the hours of 7:00 AM to 6:00 PM, Monday through Friday, and between the hours of 9:00 AM to 6:00 PM on Saturdays. No construction is
permitted on Sundays or Holidays.
• Use “new technology” power construction equipment with state-of-the-art noise shielding and muffling devices. Equip all internal combustion engines with adequate mufflers and maintain all equipment in good mechanical condition to
minimize noise created by faulty or poorly maintained
engines or other components.
• Prohibit all unnecessary idling of internal combustion engines.
• Construction staging areas shall be established at locations that shall create the greatest distance between the
construction-related noise sources and noise sensitive
Santa Clara Downtown Precise Plan Project 24 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
receptors nearest the project site during all project
construction.
• Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining
sensitive land uses.
• Utilize ‘quiet’ models of air compressors and other
stationary noise sources where technology exists.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project area.
• Notify all adjacent businesses, residences, and other noise- sensitive land uses within 500 feet of the construction schedule and provide a written schedule of construction activities.
• Designate a “noise disturbance coordinator” to respond to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise
complaint (e.g., beginning work too early, bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone
number at the construction site and include it in the notice sent to neighbors regarding the construction schedule.

MM NOI-1.2: If pile driving is proposed, the following
measures shall be included in the construction noise control plan:

Santa Clara Downtown Precise Plan Project 25 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
• During pile driving, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile. • During pile driving activities, install “acoustical blankets” to provide shielding for receptors located within 100 feet of the site, or use a noise attenuating shroud on the pile driving hammer.

Impact NOI-1:

Mechanical equipment
from future projects
located in proximity to
existing residential land
uses could result in
noise levels in
exceedance of City
standards for fixed
sources.

MM NOI-1.3: Prior to the issuance of building permits,
mechanical equipment shall be selected and designed to reduce impacts on surrounding uses to meet the City’s Code
requirements. A qualified acoustical consultant shall be retained by the applicants for future development projects to review mechanical noise as the equipment systems are selected in order to determine whether the proposed noise reduction measures sufficiently reduce noise to comply with the City’s noise and vibration level performance standards for fixed sources. Noise reduction measures that would accomplish this reduction include, but are not limited to, selection of equipment that emits low noise levels and/or installation of noise barriers such as enclosures and parapet walls to block the line of sight between the noise source and the nearest receptors.

Prior to the
issuance of
building permits
Project applicant
and a qualified
acoustical
consultant
Director of
Community
Development or
the Director’s
designee
Impact NOI-2:

Existing and planned
land uses in the vicinity
of the Santa Clara
Downtown Precise
MM NOI-2.1: The following measures would be incorporated into the project to reduce vibration impacts:

• Comply with the City Code construction hours
requirements to limit the hours of exposure to surrounding Prior to and after
completion of
vibration
generating
Project
applicant,
contractor, and a
licensed
Professional
Director of
Community
Development or
the Director’s
designee
Santa Clara Downtown Precise Plan Project 26 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

properties. The City Code limits construction activities within 300 feet of residentially zoned property to the hours of 7:00 AM to 6:00 PM. On weekdays and between the
hours of 9:00 AM. and 6:00 PM on Saturdays. No
construction is permitted on Sundays or holidays within 300 feet of occupied residentially zoned property.
• Prohibit impact or vibratory pile driving as a method of construction. As an alternative, construction of a mat slab2, shall be used.
• Limit the use of vibratory rollers, hoe rams, large
bulldozers, and caisson drilling, and avoid clam shovel drops within 65 feet of the property lines shared with
residences and commercial structures adjacent to the site. • Place operating equipment on the construction site as far as possible from vibration-sensitive receptors.
• Use smaller equipment to minimize vibration levels below the limits.
• Select demolition methods not involving impact tools. • Avoid dropping heavy objects or materials near vibration sensitive locations.
• A list of all heavy construction equipment to be used for this project known to produce high vibration levels (tracked vehicles, vibratory compaction, jackhammers, hoe rams,
construction
activities
Structural
Engineer in the
State of
California

2 A mat slab is a hard surface designed with reinforcement to resist uplift forces created by hydrostatic pressure. A mat slab carries the entire load of the superstructure and spreads it over the whole area beneath the building. It is considered as one type of shallow foundation and is useful in controlling the differential settlement. No piles or other subsurface supports are utilized.

Santa Clara Downtown Precise Plan Project 27 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort required for continuous vibration monitoring.
• A construction vibration-monitoring plan shall be
implemented to document conditions at the residences and commercial structures adjacent to the site prior to, during, and after vibration generating construction activities. All plan tasks shall be undertaken under the direction of a licensed Professional Structural Engineer in the State of California and be in accordance with industry accepted
standard methods. The construction vibration monitoring plan should be implemented to include the following tasks:
o Identification of sensitivity to ground-borne vibration of the residences and commercial structures adjacent to the site. A vibration survey (generally described below)
would need to be performed.
o Performance of a photo survey, elevation survey, and
crack monitoring survey for the residences and
commercial structures nearest to the site. Surveys shall be performed prior to and after completion of vibration generating construction activities located within 65 feet of the structure. This distance shall be extended to 80 feet for vibratory pile driving and 120 feet for impact pile driving. The surveys shall include internal and
external crack monitoring in the structure, settlement, Santa Clara Downtown Precise Plan Project 28 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
and distress, and shall document the condition of the
foundation, walls and other structural elements in the
interior and exterior of the structure.
o Conduct a post-survey on the structure where either
monitoring has indicated high levels or complaints of
damage. Make appropriate repairs where damage has
occurred as a result of construction activities.
o The results of any vibration monitoring shall be
summarized and submitted in a report shortly after
substantial completion of each phase identified in the
project schedule. The report shall include a description of measurement methods, equipment used, calibration
certificates, and graphics as required to clearly identify vibration-monitoring locations. An explanation of all
events that exceeded vibration limits shall be included together with proper documentation supporting any
such claims.
o Designate a person responsible for registering and
investigating claims of excessive vibration. The contact information of such person shall be clearly posted on
the construction site.

Impact NOI-C: As
mitigated, the project
would not result in a
cumulatively
considerable
Same mitigation as Mitigation Measures NOI-1.3, NOI-1.1, NOI-1.2, and NOI-2.1.

Same as above Same as above Same as above
Santa Clara Downtown Precise Plan Project 29 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
contribution to a
cumulatively
significant noise
impact.

Tribal Cultural Resources
Impact TCR-1: As
mitigated, the project
would not cause a
substantial adverse
change in the
significance of a tribal
cultural resource that is
listed or eligible for
listing in the California
Register of Historical
Resources, or in a local
register of historical
resources as defined in
Public Resources Code
Section 5020.1(k).

Same mitigation as Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1.

Prior to grading
of the project
site;

In the event that
buried, or
previously
unrecognized
archaeological
deposits or
materials of any
kind are exposed
during
construction
activity; and

In the event that
human remains
are discovered
during
excavation
Project applicant
and a qualified
archaeologist
consultant

Director of
Community
Development or
Director’s
designee

Santa Clara
County Coroner
and
Native American
Heritage in the
event human
remains are
discovered

Santa Clara Downtown Precise Plan Project 30 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Impact TCR-2: As
mitigated, the project
would not cause a
substantial adverse
change in the
significance of a tribal
cultural resource that is
determined by the Lead
Agency, in its
discretion and
supported by
substantial evidence, to
be significant pursuant
to criteria set forth in
subdivision (c) of
Public Resources Code
Section 5024.1.

Same mitigation as Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1.

Same as above Same as above Same as above
Impact TCR-C: As
mitigated, the project
would not result in a
cumulatively
considerable
contribution to a
cumulatively
significant tribal
Same mitigation as Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1.

Same as above Same as above Same as above
Santa Clara Downtown Precise Plan Project 31 MMRP
City of Santa Clara May 2023

MITIGATION MONITORING OR REPORTING PROGRAM

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Impacts Mitigation Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
cultural resources
impact.

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

CONDITIONS OF APPROVAL

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Future Sensitive Receptors’ Exposure to Toxic Air Contaminants Sources (Non-CEQA) • Prior to receiving demolition, grading, and building permits, a qualified air quality consultant shall prepare a project-level community risk assessment that identifies sources of toxic air contaminants (TACs) within 1,000 feet of the project site boundaries and analyzes the impacts on future project sensitive receptors. Common sources include roadways with an average daily traffic (ADT) over 10,000 vehicles and permitted Bay Area Air Quality Management District (BAAQMD) stationary sources. The qualified air quality consultant shall use the latest BAAQMD guidance to determine which sources of TACs shall be included in the risk assessment. Screening tools approved by BAAQMD may be used in lieu of dispersion modeling; however, if no screening tool is available then an in-depth health risk assessment with dispersion modeling shall be required. The community risk assessment shall model TAC impacts and compare the health risk values against the latest BAAQMD thresholds, and, if necessary, include measures to reduce health risk impacts. Health risks from existing TACs shall be reduced below 10 in one million excess cancer cases, a hazard index of 1.0, and a fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM2.5) concentration of 0.3 micrograms per cubic meter (μg/m3). The combined health risks from TAC sources shall be reduced below the cumulative source thresholds of 100 in one million excess cancer cases, a hazard index of 10.0, and a PM2.5 concentration of 0.8 μg/m3. The community risk assessment shall be submitted for review and approval by the Director of Community Development or the Director’s designee, once complete.

Santa Clara Downtown Precise Plan Project 32 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
Historical Resources
• For any future project proposed within the Santa Clara Downtown Precise Plan (SCDPP), the project applicant shall prepare the appropriate California Department of Parks and Recreation 523 Forms (DPR Forms) for any building or structure that is 50 years of age or older to determine whether or not the building or structure is eligible as a historical resource under the federal, state, or local criteria.

Geological Hazards
• For any future project proposed within the Santa Clara Downtown Precise Plan (SCDPP), the project applicant shall be required to submit a design-level geotechnical report to the City of Santa Clara’s Building Division for review and approval prior to the issuance of building and grading permit(s). Building design and construction associated with specific development shall comply with the recommendations of the design-level geotechnical investigation (including measures to address seismicity and seismic hazards, liquefaction, and lateral spreading) to ensure building integrity and reduce risk. In addition, future development would be required to adhere to the latest California Building Code (CBC).

Greenhouse Gas Emissions
• For any future project proposed within the Santa Clara Downtown Precise Plan (SCDPP) prior to the year 2031, the project applicant shall demonstrate conformance with the City of Santa Clara’s 2022 Climate Action Plan (2022 CAP) by completing the City’s 2022 CAP Compliance Checklist.3
Asbestos-Containing Materials and Lead-Based Paint
• In conformance with state and local laws, a visual inspection/pre-demolition survey, and possible sampling, shall be conducted prior to the demolition of on-site building(s) to determine the presence of asbestos-containing materials (ACMs) and/or lead-based paint (LBP). • During demolition activities, all building materials containing LBP shall be removed in accordance with California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) Lead in Title 8, California Code of Regulations (CCR), Section 1532.1, including employee training, employee air monitoring, and dust control. Any debris or soil containing LBP or coatings shall be disposed of at landfills that meet acceptance criteria for the type of lead being disposed. • All potentially friable ACMs shall be removed in accordance with National Emission Standards for Air Pollution (NESHAP) guidelines prior to demolition or renovation activities that may disturb ACMs. All demolition activities shall be undertaken in accordance with Cal/OSHA standards contained in Title 8, CCR, Section 1529, to protect workers from asbestos exposure.

3 City of Santa Clara. “City of Santa Clara 2022 Climate Action Plan Compliance Checklist.” Accessed February 2, 2023. https://www.santaclaraca.gov/home/showpublisheddocument/78990/638060101646470000 Santa Clara Downtown Precise Plan Project 33 MMRP
City of Santa Clara May 2023

CONDITIONS OF APPROVAL

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT
• A registered asbestos and lead abatement contractor shall be retained to remove and dispose of ACMs and LBPs identified in the asbestos and LBP survey performed for the site in accordance with the standards stated above. • Materials containing more than one-percent asbestos are also subject to Bay Area Air Quality Management District (BAAQMD) regulations.

Removal of materials containing more than one-percent asbestos shall be completed in accordance with BAAQMD requirements and notifications.

Soil Vapor Intrusion at 1266 Franklin Mall (Non-CEQA)
• Prior to redevelopment of the 1266 Franklin Mall parcel, soil vapor sampling shall be collected from the site by an Environmental Professional to evaluate if vapor intrusion mitigation is required.

Sight Distance Hazards
• Future development under the SCDPP shall be required to analyze sight distance at the project driveways/vehicle access points. • Vehicular parking next to project driveways shall be prohibited.

Sources: City of Santa Clara. Santa Clara Downtown Precise Plan Draft Environmental Impact Report. May 2023.

1 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS FOR THE

SANTA CLARA DOWNTOWN PRECISE PLAN PROJECT

I. INTRODUCTION

The City of Santa Clara, as the Lead Agency under the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., has prepared the Final Environmental Impact Report (EIR) for the Santa Clara Downtown Precise Plan (SCDPP) (State Clearinghouse No. 2022010282). The Final EIR is a program EIR pursuant to Section 15168 of the State Guidelines for implementation of CEQA (CEQA Guidelines).
1 The Final EIR consists of the May 2023 Draft
Environmental Impact Report (Draft EIR), and October 2023 Final EIR. The EIR addresses the environmental effects associated with implementation of the project. The EIR is intended to serve as an informational document for public agency decision-makers and the general public regarding the objectives and components of the project. The EIR addresses the potential significant adverse environmental impacts associated with the project and identifies feasible mitigation measures and alternatives that may be adopted to reduce or eliminate those impacts.

In determining to approve the SCDPP project, which is described in more detail in Section II, the City Council certifies that the EIR reflects the City's own independent judgment and analysis under Public Resources Code Section 21082.1(a)-(c) and CEQA Guidelines Section 15090(a)(3). The City Council further makes and adopts the following findings of fact and adopts and incorporates into the project the mitigation measures identified in the EIR, all based on substantial evidence in the whole record of this proceeding (“administrative record”). Pursuant to CEQA Guidelines Section 15090(a), the EIR was presented to the City Council of the City of Santa Clara, and the City Council reviewed and considered the information contained in the EIR prior to making the findings provided in Sections IV to IX, below. The conclusions presented in these findings are based upon the EIR and other evidence in the administrative record. The documents that constitute the administrative record on which the City Council's findings are based are located at the Planning Division office at City Hall, 1500 Warburton Avenue, Santa Clara, California. This information is presented in compliance with CEQA Guidelines Section 15091(e).

II. PROJECT DESCRIPTION

Project Location

The approximately 25.0-acre SCDPP area is bounded by Lafayette Street to the east, Homestead Road to the south, Madison Street to the west, and Benton Street to the north.

Project Overview

The purpose of the SCDPP is to provide guidance for new development within the Downtown, as identified in the City’s General Plan, and to meet the needs of the community. Future development would be required to comply with the form-based code, which was developed as part of the planning process. The form-based code, which includes standards and guidelines associated with building

1 The State CEQA Guidelines are found in California Code of Regulations, Title 14, Section 15000 et seq.

2 height, setbacks, building use, and building form and design, will ensure that the community’s vision for Downtown is implemented.

The community’s vision and priorities for Downtown are as follows:

• Restore the street grid; conserve and recreate the historical street grid; provide open space for relaxation, events and gathering; a transit connection to the Caltrain station; and create a high-quality, memorable place.
• Create a unique character and experience of place, a Downtown with a “heart and soul” that is connected to its historic roots. Look to arts as an anchor, with Santa Clara University as a partner.
• Recognize the challenging environment for retail, underlining the need for high-quality placemaking.
• Present an ambitious vision for long-term change, but create a clear path for near-term action.

To make the community’s vision achievable, a SCDPP framework was developed which consists of three parts: streets and public spaces; essential land use; and urban form.

Streets and Public Spaces

The SCDPP proposes to re-establish the street grid, creating 10 city blocks with four types of streets:
major, multimodal, pedestrian-oriented, and local Downtown streets. Major streets are arterials or collector streets (e.g., Lafayette Street).
2 Multimodal streets provide vehicle, transit, bicycle and pedestrian travel (e.g., Benton Street, Homestead Road, and Monroe Street). Pedestrian-oriented streets encourage pedestrian movements and supports transit, bicycle, and other alternatives to vehicular travel by providing active retail and cultural uses (e.g., proposed extensions of Franklin Street and Main Street). Local downtown streets include a mix of uses and would provide both a quality pedestrian experience and service function (e.g., Washington Street, Jackson Street, and Madison Street).

In addition, the SCDPP envisions midblock alleys that can be service alleys. Per Policy 3.1A of the SCDPP, alleys are required in each block with future development to facilitate parking and service access, but their precise locations are left flexible. Alleys are anticipated to have private ownership with public access and utility easements. Additionally, three public spaces which include the Arts Commons, Franklin Square, and Central Green are proposed.

Essential Land Use

The essential land use component of the SCDPP identifies ground floor spaces where cultural venues (e.g., Santa Clara Theater, Cultural Arts Center, and Market Hall) should be required or encouraged, where retail uses should be required, and where retail uses should be retail ready.

2 Arterial streets are defined high capacity roads that carry longer-distance flows between important centers of activity and collector streets are defined as public streets that carry traffic from minor streets to busy arterial roads.

3 Urban Form

Building form represents general building envelopes that the SCDPP and its form-based code should maintain. Building heights would step down in height where Downtown abuts existing residential neighborhoods, while stepping up in height along the eastern end of the SCDPP area, Franklin Street, and at the Main Street and Franklin Street crossing.

Proposed General Plan Land Use and Zoning Designations

Per the General Plan, the Downtown Focus Area is envisioned as a unique Downtown destination with boutique shopping, restaurants, public gathering places, civic venues, and multi-family housing.

While the SCDPP is consistent with this vision, the SCDPP provides more detail and direction on public streets and spaces, land use, urban form, and development capacity. As stated in the SCDPP, both the General Plan and zoning would be updated to reflect the SCDPP.

The form-based code regulates land use and the physical form of development for the SCDPP area.

The Downtown Zone would replace the existing zoning for all properties and uses, but would continue to rely on many of the land use and procedural requirements of the City Code. For existing structures and uses that do not conform to the standards discussed in the form-based code, they would be deemed to be legal conforming and the provisions stated in Chapter 18.94 of the City Code would apply.

New development proposed under the SCDPP would be further regulated by character overlays. The form-based code establishes four character overlays: Shopfront, Retail-Ready, General, and Neighborhood Edge which are discussed below.

Shopfront Overlay

The Shopfront Overlay determines the most active and urban areas of Downtown. This overlay would place active ground floor uses, such as restaurants or national retailers, in areas where they are desired.

Retail-Ready Overlay

The Retail-Ready Overlay would include a wider range of ground floor uses when compared to the Shopfront Overlay. The Retail-Ready Overlay must be able to support uses allowed in the Shopfront Overlay.

General Overlay

The General Overlay is the most flexible overlay and allows for ground floor residences and offices, as well as retail-ready frontages and shopfronts.

4 Neighborhood Edge Overlay

The Neighborhood Edge Overlay, located primarily along the north, west, and south boundaries of the plan area, would ensure that the scale of the buildings that interface with the existing residential neighborhood transition to the surrounding neighborhood scale. This overlay would extend from the right-of-way (ROW) into each designated lot to a depth of 20 feet beyond the primary façade.

Planned Uses

Two development scenarios were created which includes a residential maximum development and an office maximum development. The City’s preferred scenario, which is analyzed in this EIR, is the maximum housing scenario which would consist of up to 1,071 residential units, 531,720 square feet of office space, 197,900 square feet of commercial/retail space, and 44,300 square feet of public space.

Maximum Building Heights

The SCDPP and form-based code includes maximum building heights allowed for future developments within the SCDPP. Taller buildings would be located at the eastern end of the Downtown area and building heights would be scaled down for compatibility along Benton, Madison, and Homestead Streets in the direction of the residential neighborhoods (refer to Policy

5.1C: Downtown Form from the SCDPP). Policy 5.1F: Maximum Building Heights and Community Benefits of the SCDPP allows for additional floor area and building heights for Arts Commons cultural destinations (e.g., Santa Clara Theater, the Cultural Arts Center, and the Market Hall). Floor area bonuses would be calculated based on the amount of floor area that could be achieved with maximum (base) building heights and massing limits established in the form-based code and SCDPP.

Multimodal Transportation Networks

Connected Street Grid

As mentioned previously, the SCDPP would maintain the existing roadway network and vehicular connections from the surrounding streets and re-establish the street grid within the plan area.

Complete Streets

The streets within the SCDPP area would be designed as “Complete Streets” which would ensure the streets are accessible for all modes of transportation (i.e., pedestrian, bicycles, and automobiles), as well as support local land uses. This would include widening sidewalks, reducing pedestrian crossing distances at crosswalks with bulb-outs, street trees and other green infrastructure, bike lanes, drop-off zones, service and delivery zones, and bike share stations.

5 Pedestrian Paths

As discussed under Policy 3.1C of the SCDPP, safe, direct, and continuous pedestrian paths throughout Downtown, to and from the surrounding areas, and to the Santa Clara Transit Station shall be provided. An uninterrupted path for pedestrian travel (at least eight feet in width) shall be maintained and curb cuts where vehicles cross pedestrian sidewalks shall be minimized by consolidating access points and usage of alleys.

Bike and Micromobility Improvements

The SCDPP would prioritize bike-friendly designs for new or modified Downtown streets and maintain bike lanes along Monroe Street, Benton Street, and Homestead Road. A new, continuous bicycle route on Washington Street would be created so that bikes and vehicles can share lanes.

Street design elements shall be incorporated to encourage safe, mixed vehicle and bike movement.

Bicycle use and other forms of mobility would be encouraged by creating mobility hubs that cluster combinations of bikeshare, scootershare, carshare, on-demand rideshare, and microtransit. Refer to Policy 3.1C of the SCDPP for more information.

Transit Access

In coordination with the Santa Clara Valley Transportation Authority (VTA), the SCDPP would provide high-quality transit shelters where buses stop adjacent to Downtown. Transit connections from Downtown to regional destinations would be enhanced through pedestrian connections, integration of design features, and wayfinding.

Phasing

It is anticipated that development within the SCDPP would be phased. Phase 1 of the SCDPP would likely include redevelopment of City-owned land. This would include the majority of the easternmost two blocks (Blocks A and B), as well as a significant portion of Block C located south of the proposed Franklin Street alignment between Washington Street and Main Street. Phase 1 could also include interim development of the Franklin Street ROW.

Phase 2 of the SCDPP would likely include redevelopment of Blocks D and F, where the County Courthouse and University Plaza shopping center are located. Later phases could include redevelopment of the remaining portion of Block C, as well as Blocks E, F, G, and H. Development on the westernmost blocks will take the form of smaller infill projects which may take place over time at all phases.

Project Objectives

The City’s objectives for redevelopment within the SCDPP are to provide a framework for new streets and public spaces, essential land uses, and urban form, and to create a Form-Based Zoning Code that would allow implementation of the SCDPP by providing development standards to guide new development. The City’s objectives include the following:

6 Streets and Public Spaces Framework:

• Provide a framework for streets and public spaces, essential land uses, and urban form. • Re-establish the street grid and create up to ten city blocks. • Establish up to four types of streets within the SCDPP area, each with its own typical width, mobility emphasis, and frontage characteristics.
• Identify up to three public spaces, each of which are intended to have a distinct character, formed by the design of the space and by the contributing activities around it.

Essential Land Use:

• Identify where ground floor commercial spaces would be required, as well as the “retail- ready” spaces (i.e., commercial space enabled by design but not required by the SCDPP).

Urban Form:

• Provide a mix of land uses that include housing, commercial retail, restaurant, entertainment, offices, civic or cultural uses, and hotels within a general building envelope. • Identify development standards that promote the stepping down of building massing along the SCDPP boundaries where the SCDPP area transitions into existing residential neighborhoods and/or adjacent historic structures.

Form-Based Zoning Code:

• Create a Form-Based Zoning Code that would implement the SCDPP by providing development standards for new development.

III. ENVIRONMENTAL REVIEW PROCESS

In accordance with Section 15082 of the CEQA Guidelines, the City of Santa Clara prepared a Notice of Preparation (NOP) for the SCDPP Project. The NOP was circulated to local, state, and federal agencies on January 20, 2022. The standard 30-day comment period concluded on February 21, 2022. The NOP provided a general description of the project and identified probable environmental impacts that could result from implementation of the project. The City of Santa Clara also held a public scoping meeting on February 1, 2022, via Zoom to discuss the project and solicit public input.

The City of Santa Clara prepared the Draft EIR in compliance with CEQA and the CEQA Guidelines. The Draft EIR was circulated for public review and comment for 45 days from May 31, 2023 through July 14, 2023. During this period, the Draft EIR will be available to the public and local, state, and federal agencies for review and comment. Notice of the availability and completion of the Draft EIR were sent directly to every agency, person, and organization that commented on the NOP, as well as the Office of Planning and Research. Written comments from public agencies,

7 organizations, and individuals concerning the environmental review contained in the Draft EIR were sent to the City during the 45-day public review period on the Draft EIR.

Following the conclusion of the 45-day public review period, the City prepared a Final EIR in conformance with CEQA Guidelines Section 15132. The Final EIR includes responses to comments received by the City on the Draft EIR and any necessary text revisions to the Draft EIR. These revisions do not require recirculation of the EIR because none of the revisions constitute “significant new information” pursuant to CEQA Guidelines Section 15088.5 in as much as these changes would not result in a new environmental impact and would not cause a substantial increase in the severity of an environmental impact; and all mitigation measures will be adopted. Responses to public agency comments on the EIR were sent to the commenting agencies on October 11, 2023.

On October 35, 2023, at a duly noticed public hearing, the Planning Commission recommended that the City Council certify the Final EIR.

IV. FINDINGS

These findings summarize the environmental determinations of the EIR about project impacts before and after mitigation, and do not attempt to repeat the full analysis of each environmental impact contained in the EIR. Instead, these findings provide a summary description of and basis for each impact in the EIR, describe the applicable mitigation measures identified in the EIR, and state the City’s findings and rationale on the significance of each impact with the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the EIR, and these findings hereby incorporate by reference the discussion and analysis in the EIR supporting the EIR’s determinations regarding mitigation measures and the project’s impacts.

In adopting the mitigation measures outlined below, the City intends to adopt each of the mitigation measures identified in the Final EIR. Accordingly, in the event a mitigation measure identified in the Final EIR has been inadvertently omitted from these findings, such mitigation measure is hereby referred to, adopted, and incorporated in the findings below by reference. In addition, in the event the language of a mitigation measure set forth below fails to accurately reflect the mitigation measure in the Final EIR due to a clerical error, the language of the mitigation measure as set forth in the Final EIR shall control unless the language of the mitigation measure has been specifically and expressly modified by these findings.

Sections V through VI, below, provide brief descriptions of the impacts the Final EIR identified as either significant and unavoidable or less than significant with adopted mitigation. These descriptions also reproduce the full text of the mitigation measures identified in the Final EIR for each significant impact.

V. SIGNIFICANT AND UNAVOIDABLE DIRECT IMPACTS

The City Council, having reviewed and considered the information contained in the EIR, hereby finds that the Noise and Transportation environmental impacts described below are significant and unavoidable and that there is no feasible mitigation for those impacts. "Feasible" is defined in CEQA Guidelines Section 15364 to mean "capable of being accomplished in a successful manner within a

8 reasonable period of time, taking into account economic, environmental, legal, social, and technological factors." The City may reject a mitigation measure or alternative to the project because of specific economic, legal, social, technological or other considerations, including consideration for the provision of employment opportunities for highly trained workers. These findings are based on Section 3.0 of the Draft EIR and Section 5.0 of the Final EIR, the discussion and analysis of which are hereby incorporated in full by this reference.

Greenhouse Gas Emissions

Impact GHG-1: Operation of developments approved under the Santa Clara Downtown Precise Plan (SCDPP) after the year 2030 has the potential to result in greenhouse gas (GHG) emissions that would result in an impact on the environment.

Findings: Because of the uncertainty of the availability of carbon offset credits being available for future projects and not knowing the specific reduction strategies that would be required beyond 2030, it is not possible to conclude that all future projects would be able to reduce project-level GHG impacts to less than significant even with implementation of Mitigation Measures GHG-1.1 and GHG-1.2, set forth below, which are hereby adopted and incorporated into the project.

Mitigation: MM GHG-1.1: Future projects approved after the year 2030 shall be required to conform to the applicable GHG reduction standards in place at the time the project is initiated as provided in the City’s adopted qualified Climate Action Plan (CAP) for year 2040 or 2050 (whichever is applicable). Proof of compliance shall be provided in writing for review and approval by the Director of Community Development or the Director’s designee.

MM GHG-1.2: If the City of Santa Clara does not have a qualified GHG CAP adopted for year 2040 or 2050, or the project cannot comply with the reduction strategies in the 2040 or 2050 CAPs (whichever is applicable), then the project applicant shall purchase and retire carbon offset credits equivalent to the project’s total operational GHG emissions.

• The project applicant shall provide proof to the Director of Community Development or the Director’s designee that the carbon offset credits were issued by a registry meeting the following requirements:
o The registry shall account for and quantify emission reductions using clear and defined standards and incorporating recognized principles of GHG emissions reduction accounting, including those set forth in the international organization for standardization (ISO) 14064 and the World Resources Institute (WRI)/World Business Council for Sustainable Development (WBCSD) GHG Protocol for Project Accounting;
o The registry shall use clear information sufficient for reviewers to assess credibility of GHG emission reductions underlying the carbon offset credits. Upon request by the City’s Director of Community Development or the Director’s designee, any governmental entity, or any stakeholder, the registry shall provide the following information within a reasonable time period in connection with any carbon offset credit retired by the project applicant: (i) the applicable quantification protocol; and

9 (ii) all third-party confirmation or verification reports issued in connection with the carbon offset credits. Such information shall be sufficient to monitor compliance by the project applicant with this mitigation measure.
o The carbon offset credits retired by the project applicant for the purpose of mitigating GHG emissions shall represent GHG emission reductions that are real, permanent, additional, quantifiable, verifiable and enforceable.3

To demonstrate compliance with such requirements, the project applicant shall provide the following to the City’s Director of Community Development or the Director’s designee: (i) the protocol used to quantify and issue such carbon offset credits, (ii) the third-party verification report(s) pursuant to which such carbon offset credits were issued, and (iii) the unique serial numbers of the carbon offset credits to be retired to ensure that the offset cannot be further used in any manner. The Director of Community Development of the Director’s designee shall reject any carbon offset credits that do not comply with these requirements, and where reductions are not direct reductions within a confined project boundary or provide opportunities for reversal of the avoided emissions. The Director of Community Development or the Director’s designee shall reject any credits for a project that includes technology or GHG abatement practices that are already widely used.

• The carbon offset credits shall be from credit projects developed locally. If carbon offset credits are not available locally, the carbon offset credits shall be from credit projects developed in the United States. Carbon offset credits resulting from international credit projects shall not be acceptable to satisfy this mitigation measure. • The project applicant shall mitigate GHG emissions resulting from project operations by purchasing and retiring offset credits prior to each year’s emissions that exceed the threshold. The applicant shall provide proof in the form of a compliance report to the Director of Community Development of the Director’s designee that carbon offset credits equal to the amount of project operational GHG emissions in excess of the threshold have

3 The following terms in this mitigation are defined as follows: “Additional” means GHG emission reductions or removals underlying the carbon offset credits that exceed any GHG reduction or removals otherwise required by law, regulation or legally binding mandate, and that exceed any GHG reductions or removals that would otherwise occur in a business-as-usual scenario. To be additional, the credit shall have reduced GHG emissions below the applicable common industry practice for GHG reductions as in effect at the time the credit project was initiated. “Real” means that GHG reductions or GHG enhancements underlying the carbon offset credits result from a demonstrable action or set of actions, and are quantified using appropriate, accurate, and conservative methodologies that account for all GHG emissions sources, GHG sinks, and GHG reservoirs within the boundary of the applicable credit project and account for uncertainty and the potential for activity-shifting leakage and market- shifting leakage. “Verifiable” means that the GHG reductions or GHG enhancements underlying the carbon offset credits are well documented, transparent and set forth in a document subject to objective review by an accredited verification body. “Permanent” means that GHG reductions and GHG removal enhancements underlying the carbon offset credits are not reversible, or when GHG reductions and GHG removal enhancements may be reversible, that mechanisms are in place to replace any reversed GHG emission reductions and GHG removal enhancements to ensure that all credited reductions endure for at least 100 years. To ensure permanence, reductions from purchased credits must have already occurred. “Quantifiable” means the ability to accurately measure and calculate GHG reductions or GHG removal enhancements relative to a project baseline in a reliable and replicable manner for all GHG emission sources, GHG sinks, or GHG reservoirs included within the boundary of the credit project generating the carbon offset credits, while accounting for uncertainty and activity shifting leakage and market-shifting leakage. “Enforceable” means the authority for the City to hold the project accountable and to take appropriate action if the City determines that any carbon offset credits do not comply with the requirements set forth above.

10 been purchased and retired, prior to the operational year in which those emissions would occur. The applicant shall also have the right, at any time, to purchase and retire carbon offset credits for some or all of the operational emissions of the project in advance of the issuance of certificates of occupancy, temporary or permanent. • The permits relating to the project shall be conditioned on achievement of GHG mitigation milestones. The purchase and retirement of carbon offset credits required to mitigate the GHG emissions resulting from the operation of the project shall be a condition of the issuance of a certificate of occupancy, temporary or permanent, for the project and as an issuance for continued operation. Should the City determine that the offset credits are non-compliant with these requirements, the City may issue a notice of non-consistency and cease permitting activities and/or stop project operations, until the City determines via an issued public notice that the offsets comply with the aforementioned standards.

Impact GHG-2: Even with implementation of the identified mitigation measures, the project would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs.

Findings: Because of the uncertainty of the availability of carbon offset credits being available for future projects and not knowing the specific reduction strategies that would be required beyond 2030, it is not possible to conclude that all future projects would be able to reduce project-level GHG impacts to less than significant even with implementation of Mitigation Measures GHG-1.1 and GHG-1.2, which are hereby adopted and incorporated into the project.

Mitigation: Same mitigation as Mitigation Measures GHG-1.1 and GHG-1.2.

Land Use and Planning

Impact LU-2: Even with implementation of the identified mitigation measures, the project would cause a significant environmental impact due to a conflict with a land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

Findings: Even with implementation of Mitigation Measures GHG-1.1 and GHG-1.2, projects initiated after the year 2030 could conflict or otherwise interfere with the statewide GHG reduction measures set forth by SB 375.

Mitigation: Same mitigation as Mitigation Measures GHG-1.1 and GHG-1.2.

11 VI. SIGNIFICANT ADVERSE IMPACTS IDENTIFIED IN THE FINAL EIR THAT ARE

REDUCED TO A LESS THAN SIGNIFICANT LEVEL BY MITIGATION

MEASURES ADOPTED AND INCORPORATED INTO THE PROJECT

The City Council, having reviewed and considered the information contained in the EIR, hereby finds, pursuant to Public Resources Code Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1), that the following potentially significant impacts will be reduced below a level of significance with implementation of the identified mitigation measures. These findings are based on Section 3.0 of the Draft EIR, the discussion and analysis of which are hereby incorporated in full by this reference.

Air Quality

Impact AIR-1: As mitigated, the project would not conflict with or obstruct implementation of the applicable air quality plan.

Findings: Implementation of Mitigation Measures AIR-3.1 and AIR-3.2 would control dust and reduce construction toxic air contaminants (TACs) and criteria pollutant emissions.

Therefore, the construction emissions impacts from individual projects proposed under the SCDPP would be reduced to a less than significant level.

Mitigation: Same mitigation as Mitigation Measures AIR-3.1 and AIR-3.2.

Impact AIR-2: As mitigated, the project would not result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard.

Findings: Implementation of Mitigation Measures AIR-3.1 and AIR-3.2, which are hereby adopted and incorporated into the project, would control dust and reduce construction TAC and criteria pollutant emissions. Therefore, future developments proposed under the SCDPP would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in non-attainment.

Mitigation: Same mitigation as Mitigation Measures AIR-3.1 and AIR-3.2.

Impact AIR-3: Development proposed under the Santa Clara Downtown Precise Plan (SCDPP) would result in significant construction air pollutant emissions due to dust generation, and emissions of toxic air contaminants (TACs) and criteria pollutants during construction.

Findings: Implementation of Mitigation Measure AIR-3.1, set forth below, which is hereby adopted and incorporated into the project, requires that the project contractor implement Construction Best Management Practices to control dust. Implementation of Mitigation Measure AIR-3.2, set forth below, which is hereby adopted and incorporated into the project, requires individual projects proposed under the SCDPP to prepare a project-level air quality assessment that quantifies construction criteria pollutant and TAC emissions to ensure health

12 risks from construction do not exceed BAAQMD construction criteria pollutant emission thresholds.

Mitigation: MM AIR-3.1: During any construction ground disturbance, the project applicant shall ensure that the project contractor implements the following Bay Area Air Quality Management District (BAAQMD) Construction Best Management Practices:
• All exposed unpaved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand, or other loose material off-site shall be covered. • All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
• All vehicle speeds on unpaved roads shall be limited to 15 miles-per-hour (mph). • All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.
• Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California Airborne Toxics Control Measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.
• All construction equipment shall be maintained and properly tuned in accordance with the manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • Post a publicly visible sign with the telephone number and person to contact at the construction firm regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.
• The contractor shall install temporary electrical service, whenever possible, to avoid the need for independently powered equipment (e.g., generators).

MM AIR-3.2: Prior to receiving demolition, grading, and building permits, a qualified air quality consultant shall prepare a project-level air quality assessment that quantifies construction criteria pollutant and TAC emissions for each individual project proposed within the SCDPP once construction details are available. The air quality assessments shall model construction impacts and, if necessary, include measures to reduce emissions. Criteria pollutant emissions shall not exceed BAAQMD construction criteria pollutant emissions thresholds. Health risks from construction TACs shall be reduced below 10 in one million excess cancer cases, a hazard index (HI) of 1.0, and a fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM

2.5) concentration of 0.3 micrograms per cubic
meter (μg/m3). The air quality assessment shall be submitted for review and approval by the Director of Community Development or the Director’s designee, once complete.

Reduction in emissions can be accomplished through, but is not limited to, the following measures:

13 • Construction equipment selection for low emissions; • Use of alternative fuels, engine retrofits, and added exhaust devices; • Low-volatile organic compounds (VOC) paints;
• Modify construction schedule; and
• Implementation of BAAQMD Basic and/or Additional Construction Mitigation Measures for control of fugitive dust

Impact AIR-3: As mitigated, the project would not expose sensitive receptors to substantial pollutant concentrations.

Findings: Mitigation Measure AIR-3.2, which is hereby adopted and incorporated into the project, requires future developments under the SCDPP to complete a construction air quality and health risk assessment to ensure that construction emissions do not exceed BAAQMD construction criteria pollutant emissions thresholds. Mitigation Measure AIR-3.3, set forth below, which is hereby adopted and incorporated into the project, requires all future sources of operational TACs associated with the SCDPP be analyzed through project-level review and ensure that health risks are below the BAAQMD single-source thresholds.

Mitigation: Same mitigation as Mitigation Measures AIR-3.2 and AIR-3.3.

Impact AIR-3: Future development proposed under the Santa Clara Downtown Precise Plan (SCDPP) would result in significant operational toxic air contaminant (TAC) impacts from stationary sources.

Findings: Mitigation Measure AIR-3.3, set forth below, which is hereby adopted and incorporated into the project, requires all future sources of operational TACs associated with the SCDPP be analyzed through project-level review and ensure that health risks are below the BAAQMD single-source thresholds.

Mitigation: MM AIR-3.3: Prior to receiving demolition, grading, and building permits, a qualified air quality consultant shall prepare a project-level health risk assessment that analyzes project operational TAC sources and identifies sources of TACs within 1,000 feet of the project site boundaries. The qualified air quality consultant shall use the latest Bay Area Air Quality Management District (BAAQMD) guidance to determine which sources of TACs shall be included in the risk assessment. Screening tools approved by BAAQMD may be used in lieu of dispersion modeling; however, if no screening tool is available then an in- depth health risk assessment with dispersion modeling shall be required. The community risk assessment shall model the project’s operational TAC impacts and compare the health risk values against the latest BAAQMD single-source thresholds. If necessary, the risk assessment shall include measures to reduce project health risk impacts. Health risks associated with project TAC sources shall be reduced below 10 in one million excess cancer cases, a hazard index (HI) of 1.0, and a fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM

2.5) concentration of 0.3 micrograms per cubic meter
(μg/m3). The project-level health risk assessment shall be submitted for review and approval by the Director of Community Development or the Director’s designee, once complete.

14 Impact AIR-C: As mitigated, the project would not result in a cumulatively considerable contribution to a cumulatively significant air quality impact.

Findings: With implementation of Mitigation Measures AIR-3.1 and AIR-3.2, which are hereby adopted and incorporated into the project, the construction emissions associated with future development under the SCDPP would be reduced to a less than significant level.

Mitigation: Same mitigation as Mitigation Measures AIR-3.1 and AIR-3.2.

Impact AIR-C: Future development proposed under the Santa Clara Downtown Precise Plan (SCDPP) could contribute to cumulative toxic air contaminant (TAC) impacts.

Findings: Mitigation Measure AIR-C.1, set forth below, which is hereby adopted and incorporated into the project, would require a cumulative community risk assessment be prepared for future development under the SCDPP to quantify health risks and ensure health risks are below the BAAQMD cumulative source thresholds.

Mitigation: MM AIR-C.1: Prior to receiving demolition, grading, and building permits, a qualified air quality consultant shall prepare a cumulative community risk assessment that analyzes project operational TAC sources and identifies sources of TACs within 1,000 feet of the project site boundaries. The qualified air quality consultant shall use the latest Bay Area Air Quality Management District (BAAQMD) guidance to determine which sources of TACs shall be included in the risk assessment. Screening tools approved by BAAQMD may be used in lieu of dispersion modeling; however, if no screening tool is available then an in- depth health risk assessment with dispersion modeling shall be required. The community risk assessment shall model the project’s operational TAC impacts and compare the health risk values against the latest BAAQMD single-source thresholds. The combined health risk impacts shall be compared against the latest BAAQMD cumulative-source thresholds. If necessary, the risk assessment shall include measures to reduce project health risk impacts.

The combined health risks from TAC sources shall be reduced below the cumulative source thresholds of 100 in one million excess cancer cases, a hazard index (HI) of 10.0, and a fine particulate matter where particles have a diameter of 2.5 micrometers or less (PM

2.5)
concentration of 0.8 micrograms per cubic meter (μg/m3). The cumulative community risk assessment shall be submitted for review and approval by the Director of Community Development or the Director’s designee, once complete.

Biological Resources

Impact BIO-1: Construction activities associated with future development within the Santa Clara Downtown Precise Plan (SCDPP) area could result in the loss of fertile eggs, nesting raptors or other migratory birds, or nest abandonment.

Findings: Implementation of Mitigation Measures BIO-1.1 and BIO-1.2, set forth below, which are hereby adopted and incorporated into the project, would reduce impacts to nesting birds by avoiding construction of future projects during nesting bird season or completing pre-construction nesting bird surveys to minimize and/or avoid impacts to nesting birds.

15 Mitigation: MM BIO-1.1: Construction shall be scheduled to avoid the nesting season to the extent feasible. The nesting season for most birds, including most raptors, in the San Francisco Bay area extends from February 1st through August 31st.

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

During this survey, the ornithologist shall inspect all tress and other possible nesting habitats within and immediately adjacent to the construction area of nests. If an active nest is found sufficiently close to work areas to be disturbed by construction, the ornithologist shall determine the extent of a construction-free buffer zone to be established around the nest to ensure that nests of bird species protected by the Migratory Bird Treaty Agreement (MBTA) or Fish and Game Code shall not be disturbed during project construction.

Impact BIO-5: Tree removal from redevelopment of individual parcels under the Santa Clara Downtown Precise Plan (SCDPP) could result in a significant impact to trees.

Findings: Implementation of Mitigation Measures BIO-5.1 and BIO-5.2, set forth below, which are hereby adopted and incorporated into the project, would reduce impacts to trees by requiring project applicants to comply with the City Code and tree replacement for any trees to be removed per General Plan Policy 5.3.1-P10.

Mitigation: MM BIO-5.1: Projects proposing or required to retain trees on-site shall implement precautionary measures during site construction to limit adverse environmental effects on trees protected under General Plan Policies 5.10.1-P3 and 5.10.1-P4 that are to be retained. A tree protection plan shall be prepared by a qualified arborist that, at a minimum, requires installation of an open material (e.g., chain link) fence six feet in height around the drip line and maintenance of the existing grade level around a tree and out to its drip line.

Proof of tree protection measures shall be provided to the Director of Community Development or the Director’s designee prior to issuance of any demolition or grading permits.

MM BIO-5.2: Project applicants under the SCDPP shall be required to comply with the City Code and submit permit applications for removal of all trees covered by the City’s tree ordinance. Any trees to be removed would require replacement on-site or off-site at a minimum 2:1 ratio per General Plan Policy 5.3.1-P10. To the extent feasible, the replacement trees shall be planted on-site and the project applicant shall comply with all other tree removal requirements imposed by the City. The minimum tree replacement size shall be a 24-inch box for all on-site plantings, with all street trees to be a minimum 36-inch box. Street tree selection shall be per City specifications; spacing, and species shall be approved by City

16 Arborist. Tree removal permits shall be obtained prior to the issuance of any demolition or grading permits.

Impact BIO-C: As mitigated, the project would not result in a cumulatively considerable contribution to a cumulatively significant biological resources impact.

Findings: All individual projects would be required to comply with the City Code, existing regulations, and Mitigation Measures BIO-1.1, BIO-1.2, BIO-5.1, and BIO-5.2 to protect migratory and nesting birds and minimize the loss of trees; therefore, individual projects proposed under the SCDPP would not result in a cumulatively considerable contribution to biological resources impacts.

Mitigation: Same mitigation as Mitigation Measures BIO-1.1, BIO-1.2, BIO-5.1, and BIO-

5.2. Cultural Resources

Impact CUL-2: Future projects proposed under the Santa Clara Downtown Precise Plan (SCDPP) could result in impacts to as yet unidentified buried archaeological resources.

Findings: Implementation of Mitigation Measures CUL-2.1 to CUL-2.3, set forth below, which are hereby adopted and incorporated into the project, would avoid and/or reduce impacts to unknown buried archaeological resources to a less than significant level by requiring subsurface sampling to determine if historic archaeological resources are present. If resources are present, investigation, data recovery, and recordation would be required.

Mitigation: MM CUL-2.1: Prior to grading of the project site, a qualified archaeological consultant shall conduct subsurface sampling to determine if historic archaeological resources are present.

Testing for historic-era resources shall extend to a depth of four feet below the current ground surface. Testing for prehistoric resources shall extend to a depth of eight feet below the current ground surface to account for rapid alluviation during the Holocene era. In the event that resources are discovered on-site, a site-specific cultural resources treatment plan shall be prepared and approved by the Director of Community Development or Director’s designee prior to issuance of any of grading permits in conformance with the steps outlined below.

Investigation – Resource Identification
Archaeologists shall investigate features to determine their potential significance. Decisions shall be made about which features shall be subject to archaeological data recovery.

• The determination of significance of historic archaeological property types is tied directly to their historical context and relevance to research themes further discussed below.

Usefulness of a property type (feature) with regard to relevant research themes determines the legal importance of that resource. Also germane to the importance of

17 property types are assessments of integrity, land use history, and comparison with other known similar property types. Especially relevant here are issues that cannot be addressed using data from other sources. The purpose of identifying relevant research themes is to help predict areas of special concern, given expected property types.

Determination of relevance to research themes is critical to the identification of significant features in the field.
• If data recovery is determined to be appropriate, excavation shall target recovery of an appropriate amount of information from archaeological deposits to determine potential of the resource to address specific research questions. If it occurs, data recovery shall emphasize understanding of the archaeological deposit’s structure, including features and stratification, horizontal and vertical extent, and content including the nature and quantity of artifacts.

Reporting
The findings reports shall follow the outline below and shall focus on particular finds encountered during the excavation. All reports shall, at a minimum, meet the Secretary of the Interior's Standards for Archaeological Documentation. The report shall be submitted to the project applicant and all reviewing agencies, and shall ultimately be filed with the Northwest Information Center at Sonoma State University.

The technical report on project results may address the following elements:

• executive summary;
• statement of scope, including project location and setting; • background contexts or summaries;
• summary of previous research, historical and archaeological; • research goals and themes;
• field and laboratory methodologies;
• descriptions of recovered materials;
• findings and interpretations, referencing research goals; • conclusions;
• references cited; and
• appendices such as artifact catalogs, special studies, and other information relevant to the project and findings.

MM CUL-2.2: Upon completion of all field work, but before completion of the Findings Report (outlined in MM CUL-2.1), a preliminary report outlining the data recovery work on the site(s) shall be submitted to the Director of Community Development or Director’s designee for review and approval prior to issuance of building permits.

18 find(s) if the resource is eligible for listing on the National Register of Historic Places (NRHP) or the California Register of Historical Resources (CRHR). Construction and potential impacts to the area within a radius determined by the archaeologist shall not recommence until the assessment is complete.

Impact CUL-3.1: Future projects proposed under the Santa Clara Downtown Precise Plan (SCDPP) could result in impacts to human remains.

Findings: Implementation of Mitigation Measure CUL-3.1, set forth below, which is hereby adopted and incorporated into the project, would avoid and/or reduce significant impacts to unknown buried human remains to a less than significant level by notifying the Santa Clara County Coroner and following the necessary procedures as outlined in the CEQA Guidelines Section 15064.5(e) if human remains are found.

Mitigation: MM CUL-3.1: In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are of Native American origin or whether an investigation into the cause of death is required. If the remains are determined to be Native American, the Coroner shall notify the Native American Heritage Commission (NAHC) immediately. Once NAHC identifies the most likely descendants, the descendants shall make recommendations regarding proper burial, which shall be implemented in accordance with Section 15064.5(e) of the California Environmental Quality Act (CEQA) Guidelines.

Impact CUL-C: As mitigated, the project would not result in a cumulatively considerable contribution to a cumulatively significant cultural resources impact.

Findings: As discussed under Impact CUL-1 and as a Condition of Approval for all future developments proposed under the SCDPP, the project applicant shall prepare appropriate California Department of Parks and Recreation 523 Forms for any building or structure that is 50 years or older to determine whether the building or structure is eligible as a historical resource. Implementation of the Condition of Approval and Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1 would ensure impacts to cultural resources and human remains (if encountered) would be reduced to a less than significant level. The cumulative projects are all subject to CEQA and are required to comply with the federal, state, and local regulations put in place to protect cultural resources.

Mitigation: Same mitigation as Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1 and implementation of the Condition of Approval.

Geology and Soils

Impact GEO-6: Development proposed under the Santa Clara Downtown Precise Plan (SCDPP) has the potential to disturb unknown paleontological resources during excavation, grading and construction activities.

19 Findings: Implementation of Mitigation Measure GEO-6.1, set forth below, which is hereby adopted and incorporated into the project, would reduce or avoid impacts to paleontological resources to a less than significant level by requiring a paleontologist to monitor construction on sites requiring excavation of 10 feet or more below the ground surface..

Mitigation: MM GEO-6.1: Future projects requiring excavation of 10 feet or more below the ground surface (bgs) shall be monitored by a qualified paleontologist. In the event paleontological resources are discovered, all work on the site shall stop immediately, the Community Development Director or Director’s designee shall be notified, and the qualified paleontologist shall assess the nature and importance of the find and recommend appropriate treatment. Treatment may include, but is not limited to, preparation and recovery of fossil materials so that they can be housed in an appropriate museum or university collection and may also include preparation of a report for publication describing the finds. The project applicant shall be responsible for implementing the recommendations of the qualified paleontologist. A report of all findings shall be submitted to the Community Development Director or Director’s designee prior to the issuance of building permits.

Impact GEO-C: As mitigated, the project would not result in a cumulatively considerable contribution to a cumulatively significant geology and soils impact.

Findings: Adherence to Mitigation Measure GEO-6.1, which is hereby adopted and incorporated into the project, would ensure construction-related impacts to unknown paleontological resources from individual projects proposed under the SCDPP are reduced/avoided.

Mitigation: Same mitigation as Mitigation Measure GEO-6.1.

Greenhouse Gas Emissions

Impact GHG-C: As mitigated, the project would not result in a cumulatively considerable contribution to a cumulatively significant GHG emissions impact.

Findings: Even with implementation of Mitigation Measures GHG-1.1 and GHG-1.2, which is hereby adopted and incorporated into the project, it would not be possible to conclude that all future projects would be able to reduce GHG impacts to a less than significant level.

While projects constructed within the plan area after the year 2030 could have a significant unavoidable impact with the statewide GHG reduction measures set forth by Senate Bill 375, when combined with all other projects worldwide, the project’s contribution to cumulative GHG emissions impact would not be cumulatively considerable.

Mitigation: Same mitigation as Mitigation Measures GHG-1.1 and GHG-1.2.

Hazards and Hazardous Materials

Impact HAZ-2: Existing hazardous materials contamination in soils and groundwater within the Santa Clara Downtown Precise Plan (SCDPP) area has the potential to impact

20 construction workers and adjacent land uses if disturbed during demolition or construction of new buildings and structures on-site.

Findings: Implementation of Mitigation Measure HAZ-2.1 to HAZ-2.3, set forth below, which are hereby adopted and incorporated into the project, would reduce impacts from residual hazardous materials contamination to a less than significant level by requiring a property-specific Phase I Environmental Site Assessment to be completed in accordance with American Society for Testing and Materials Standard Designation E1527-21 (or most recent version) and to evaluate if measures are needed to protect the health and safety of site occupants. If warranted, a correction action/risk management plan will be developed and implemented with all applicable regulatory oversight.

Mitigation: MM HAZ-2.1: Prior to the start of any demolition or construction activity, a property-specific Phase I Environmental Site Assessment (ESA) shall be completed in accordance with American Society for Testing and Materials (ASTM) Standard Designation E1527-21 (or most recent version) to identify Recognized Environmental Conditions (RECs), evaluate the property history, and establish whether or not the property is likely to have been impacted by chemical releases. Soil, soil vapor, and/or groundwater quality studies (Phase II ESAs) shall subsequently be conducted, if warranted, based on the findings of the property- specific Phase I ESAs, to evaluate if measures are needed to protect the health and safety of site occupants.

MM HAZ-2.2: Prior to the start of earthwork activities (e.g., excavation, trenching, grading, etc.) on properties with known contaminants of concern (COC) exceeding the lower of the then-current Department of Toxic Substances (DTSC), Regional Water Quality Control Board (RWQCB), or U.S. Environmental Protection Agency (EPA) regulatory levels, an appropriate corrective action/risk management plan (e.g., remedial action plan [RAP], removal action workplan [RAW], or Site Management Plan [SMP], etc.) shall be prepared that reflects the results of the property-specific investigations. The corrective action/risk management plan shall describe mitigation measures necessary to protect the health and safety of future site occupants and establish appropriate management practices for handling and monitoring of impacted soil, soil vapor, and groundwater that may be encountered during construction activities. The corrective action/risk management plan shall be prepared by an Environmental Professional and be submitted to an appropriate overseeing regulatory agency (e.g., Santa Clara County Department of Environmental Health [SCCDEH], DTSC, or RWQCB) and the City of Santa Clara Fire Department (SCFD) for review. Regulatory agency approval shall be obtained prior to commencing earthwork activities. A Health and Safety Plan (HSP) shall also be prepared to establish health and safety protocols for personnel working at the site. All mitigation measures shall be completed under regulatory agency oversight and meet all applicable federal, state, and local laws, regulations, and requirements. Following completion, a report documenting compliance with the provisions of the corrective action/risk management plan and describing the work completed shall be submitted and approved by the overseeing regulatory agency.

21 MM HAZ-2.3: If a project requires importing soil for property grading, the source and quality of imported soil shall be documented according to the DTSC’s Clean Fill Advisory (October 2001).

Land Use and Planning

Impact LU-C: As mitigated, the project would not result in a cumulatively considerable contribution to a cumulatively significant land use and planning impact.

Findings: While projects constructed within the plan area after the year 2030 could have a significant unavoidable impact due to conflicts with the statewide GHG reduction measures set forth by SB 375, when combined with all other projects worldwide, the project’s contribution to cumulative GHG emissions impact would be less than significant.

Mitigation: Same mitigation as Mitigation Measures GHG-1.1 and GHG-1.2.

Noise and Vibration

Impact NOI-1: Construction activities associated with future development could generate hourly average noise levels in excess of 60 equivalent continuous noise level (dBA Leq) for residential uses and 70 dBA Leq for commercial uses and the ambient noise environment by at least five dBA Leq for a period of more than one year.

Findings: Implementation of Mitigation Measures NOI-1.1 and NOI-1.2, set forth below, which are hereby adopted and incorporated into the project, would reduce construction noise levels at nearby land uses by requiring project applicants to submit and implement a construction noise logistics plan.

Mitigation: MM NOI-1.1: The project applicant shall submit and implement a construction noise logistics plan that specifies hours of construction, noise and vibration minimization measures, posting and notification of construction schedules, equipment to be used, and designation of a noise disturbance coordinator. The construction plan shall identify a procedure for coordination with adjacent residential land uses so that construction activities can be scheduled to minimize noise disturbance. In addition, the noise disturbance coordinator shall respond to neighborhood complaints and shall be in place prior to the start of construction and implemented during construction to reduce noise impacts on neighboring residents and other uses. The noise logistic plan shall be submitted to the Director of Community Development or the Director’s designee prior to the issuance of any grading or demolition permits.

As part of the noise logistic plan, construction activities for the proposed project shall include, but are not limited to, the following best management practices:

22 • Use “new technology” power construction equipment with state-of-the-art noise shielding and muffling devices. Equip all internal combustion engines with adequate mufflers and maintain all equipment in good mechanical condition to minimize noise created by faulty or poorly maintained engines or other components.
• Prohibit all unnecessary idling of internal combustion engines. • Construction staging areas shall be established at locations that shall create the greatest distance between the construction-related noise sources and noise sensitive receptors nearest the project site during all project construction. • Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses.
• Utilize ‘quiet’ models of air compressors and other stationary noise sources where technology exists.
• Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project area.
• Notify all adjacent businesses, residences, and other noise-sensitive land uses within 500 feet of the construction schedule and provide a written schedule of construction activities. • Designate a “noise disturbance coordinator” to respond to any complaints about construction noise. The disturbance coordinator shall determine the cause of the noise complaint (e.g., beginning work too early, bad muffler, etc.) and shall require that reasonable measures be implemented to correct the problem. Conspicuously post a telephone number at the construction site and include it in the notice sent to neighbors regarding the construction schedule.

MM NOI-1.2: If pile driving is proposed, the following measures shall be included in the construction noise control plan:

• During pile driving, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile.
• During pile driving activities, install “acoustical blankets” to provide shielding for receptors located within 100 feet of the site, or use a noise attenuating shroud on the pile driving hammer.

Impact NOI-1: Mechanical equipment from future projects located in proximity to existing residential land uses could result in noise levels in exceedance of City standards for fixed sources.

Findings: Implementation of Mitigation Measure NOI-1.3, set forth below, which is hereby adopted and incorporated into the project, would require applicants for future development projects to retain a qualified acoustical consultant to review mechanical noise from the selected equipment to determine whether the noise reduction measures sufficiently reduce noise.

Mitigation: MM NOI-1.3: Prior to the issuance of building permits, mechanical equipment shall be selected and designed to reduce impacts on surrounding uses to meet the City’s Code requirements. A qualified acoustical consultant shall be retained by the applicants for future development projects to review mechanical noise as the equipment systems are selected in

23 order to determine whether the proposed noise reduction measures sufficiently reduce noise to comply with the City’s noise and vibration level performance standards for fixed sources.

Noise reduction measures that would accomplish this reduction include, but are not limited to, selection of equipment that emits low noise levels and/or installation of noise barriers such as enclosures and parapet walls to block the line of sight between the noise source and the nearest receptors.

Impact NOI-2: Existing and planned land uses in the vicinity of the Santa Clara Downtown Precise Plan (SCDPP) area could be exposed to vibration levels beyond applicable Caltrans vibration limits due to project construction activities.

Findings: Implementation of Mitigation Measure NOI-2.1, set forth below, which is hereby adopted and incorporated into the project, would require future development projects to incorporate measures into the project, including implementation of a construction vibration- monitoring plan, to reduce vibration impacts.

Mitigation: MM NOI-2.1: The following measures would be incorporated into the project to reduce vibration impacts:

• Comply with the City Code construction hours requirements to limit the hours of exposure to surrounding properties. The City Code limits construction activities within 300 feet of residentially zoned property to the hours of 7:00 AM to 6:00 PM. On weekdays and between the hours of 9:00 AM. and 6:00 PM on Saturdays. No construction is permitted on Sundays or holidays within 300 feet of occupied residentially zoned property.
• Prohibit impact or vibratory pile driving as a method of construction. As an alternative, construction of a mat slab
4, shall be used.
• Limit the use of vibratory rollers, hoe rams, large bulldozers, and caisson drilling, and avoid clam shovel drops within 65 feet of the property lines shared with residences and commercial structures adjacent to the site.
• Place operating equipment on the construction site as far as possible from vibration- sensitive receptors.
• Use smaller equipment to minimize vibration levels below the limits. • Select demolition methods not involving impact tools. • Avoid dropping heavy objects or materials near vibration sensitive locations. • A list of all heavy construction equipment to be used for this project known to produce high vibration levels (tracked vehicles, vibratory compaction, jackhammers, hoe rams, etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort required for continuous vibration monitoring.

4 A mat slab is a hard surface designed with reinforcement to resist uplift forces created by hydrostatic pressure. A mat slab carries the entire load of the superstructure and spreads it over the whole area beneath the building. It is considered as one type of shallow foundation and is useful in controlling the differential settlement. No piles or other subsurface supports are utilized.

24 • A construction vibration-monitoring plan shall be implemented to document conditions at the residences and commercial structures adjacent to the site prior to, during, and after vibration generating construction activities. All plan tasks shall be undertaken under the direction of a licensed Professional Structural Engineer in the State of California and be in accordance with industry accepted standard methods. The construction vibration monitoring plan should be implemented to include the following tasks:
o Identification of sensitivity to ground-borne vibration of the residences and commercial structures adjacent to the site. A vibration survey (generally described below) would need to be performed.
o Performance of a photo survey, elevation survey, and crack monitoring survey for the residences and commercial structures nearest to the site. Surveys shall be performed prior to and after completion of vibration generating construction activities located within 65 feet of the structure. This distance shall be extended to 80 feet for vibratory pile driving and 120 feet for impact pile driving. The surveys shall include internal and external crack monitoring in the structure, settlement, and distress, and shall document the condition of the foundation, walls and other structural elements in the interior and exterior of the structure.
o Conduct a post-survey on the structure where either monitoring has indicated high levels or complaints of damage. Make appropriate repairs where damage has occurred as a result of construction activities.
o The results of any vibration monitoring shall be summarized and submitted in a report shortly after substantial completion of each phase identified in the project schedule. The report shall include a description of measurement methods, equipment used, calibration certificates, and graphics as required to clearly identify vibration- monitoring locations. An explanation of all events that exceeded vibration limits shall be included together with proper documentation supporting any such claims. o Designate a person responsible for registering and investigating claims of excessive vibration. The contact information of such person shall be clearly posted on the construction site.

Impact NOI-C: As mitigated, the project would not result in a cumulatively considerable contribution to a cumulatively significant noise impact.

Findings: With implementation of Mitigation Measure NOI-1.3, which is hereby adopted and incorporated into the project, operational noise impacts associated with the SCDPP would be reduced below the City’s thresholds of significance. Construction noise and vibration impacts would be reduced to less than significant levels with implementation of Mitigation Measures NOI-1.1, NOI-1.2, and NOI-2.1, which is hereby adopted and incorporated into the project.

Mitigation: Same mitigation as Mitigation Measures NOI-1.1, NOI-1.2, NOI-1.3, and NOI-

2.1. 25
Tribal Cultural Resources

Impact TCR-1: As mitigated, the project would not cause a substantial adverse change in the significance of a tribal cultural resource that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k).

Findings: Future projects under the SCDPP would be required to implement Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1, which are hereby adopted and incorporated into the project, to reduce impacts to unknown buried archaeological resources, including tribal cultural resources, and human remains, if encountered.

Mitigation: Same mitigation as Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1.

Impact TCR-2: As mitigated, the project would not cause a substantial adverse change in the significance of a tribal cultural resource that is determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1.

Findings: Future projects under the SCDPP would be required to implement Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1, which are hereby adopted and incorporated into the project, in the event tribal cultural resources are encountered during excavation and/or grading of future development sites.

Mitigation: Same mitigation as Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1.

Impact TCR-C: As mitigated, the project would not result in a cumulatively considerable contribution to a cumulatively significant tribal cultural resources impact.

Findings: Cumulative projects would be required to implement Mitigation Measures CUL-

2.1 to CUL-2.3 and CUL-3.1, which are hereby adopted and incorporated into the project, to avoid impacts and/or reduce impacts to tribal cultural resources to a less than significant level consistent with CEQA and AB 52 requirements.

Mitigation: Same mitigation as Mitigation Measures CUL-2.1 to CUL-2.3 and CUL-3.1.

VII. GROWTH INDUCING IMPACTS

The CEQA Guidelines require that an EIR identify the likelihood that a proposed project could “foster” or stimulate “economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment” (Section 15126.2(d)). This section of the EIR is intended to evaluate the impacts of such growth in the surrounding environment.

Direct growth inducement results if a project involves construction of new housing that would result in new residents moving to the area. A project can have indirect growth-inducement potential if it establishes substantial new permanent employment opportunities (e.g., commercial, industrial, or

26 governmental enterprises) or if it involves a substantial construction effort with substantial short-term employment opportunities and indirectly stimulates the need for additional housing and services to support the new employment demand. Similarly, under CEQA, a project could indirectly induce growth if it expands roadway capacity or removes an obstacle to additional growth and development, such as removing a constraint on required public services or utilities (e.g., adding a sewage treatment plant that has capacity to serve demand beyond the associated project).

These findings are based on the discussion of growth inducing impacts in Section 4.0 of the Draft EIR, the discussion and analysis of which is hereby incorporated in full by this reference.

The plan area is located in a developed area fully served by existing infrastructure. Redevelopment of the Downtown Focus Area was envisioned as part of the City’s General Plan. As mentioned in the City’s General Plan, the vision for Santa Clara’s Downtown includes approximately 130,000 square feet of commercial/retail uses along with almost 400 new residences. Full build out of the SCDPP would result in the construction of up to 1,071 dwelling units, 531,720 square feet of office space, 197,900 square feet of commercial/retail space, and 44,300 square feet of public space, a net increase of 67,900 of commercial/retail space, 671 dwelling units, 531,720 square feet of office space, and 44,300 square feet of public space than what was assumed for the Downtown Focus Area. As stated in the SCDPP, both the General Plan and zoning would be updated to reflect the SCDPP.

There are no undeveloped areas adjacent or in the immediate vicinity of the plan area and the SCDPP would not remove any obstacles that would help facilitate additional growth that could significantly affect the physical environment. The SCDPP would increase development on an infill site and indirect population growth could occur because of the jobs generated by the office component of the project, as well as increase housing on-site. The SCDPP does not include the expansion of existing infrastructure that would facilitate growth in the plan area or other areas of the City. Therefore, build out of the SCDPP would not result in growth-inducing impacts.

VIII. SIGNIFICANT AND IRREVERSIBLE ENVIRONMENTAL CHANGES

CEQA Guidelines Section 15126(c) requires that an EIR also address significant and irreversible environmental changes that may occur as a result of project implementation. Significant irreversible changes include the use of nonrenewable resources, the commitment of future generations to similar use, irreversible damage resulting from environmental accidents associated with the project and the irretrievable commitment of resources.

These findings are based on the discussion of significant and irreversible environmental changes in Section 5.0 of the Draft EIR, the discussion and analysis of which is hereby incorporated in full by this reference.

Use of Nonrenewable Resources

Future development proposed under the SCDPP, during construction and operation, would require the use and consumption of nonrenewable resources. Renewable resources, such as lumber and other wood byproducts, could also be used. Unlike renewable resources, nonrenewable resources (e.g., fossil fuels and metals) cannot be regenerated over time.

27 Construction activities associated with future development would require the use of nonrenewable construction material, such as concrete, metals, plastics, and glass. Nonrenewable resources and energy would also be consumed during the manufacturing and transportation of building materials, preparation of the sites, and construction of the buildings. The operational phases would consume energy for multiple purposes including, building heating and cooling, lighting, appliances, and electronics. Energy, in the form of fossil fuels, would be used to fuel vehicles traveling to and from the SCDPP area.

The proposed SCDPP would result in a substantial increase in demand for nonrenewable resources.

Future development proposed under the SCDPP would, however, be subject to the standard California Code of Regulations Title 24 Part 6 and CALGreen energy efficiency requirements. As discussed in Section 3.6 of the EIR, the SCDPP is consistent with the City’s General Plan policies regarding energy use, which fosters development that reduces the use of nonrenewable energy resources in transportation, buildings, and urban services (utilities).

Irreversible Damage Resulting from Environmental Accidents Associated with the Project

The SCDPP does not propose any new or uniquely hazardous uses, and its operation would not be expected to cause environmental accidents that would impact other areas. As discussed in Section 3.9 of the EIR, there may be residual hazardous materials contamination in soils and groundwater that may impact construction workers and adjacent land uses if disturbed. Future developments proposed under the SCDPP would be required to implement Mitigation Measures HAZ-2.1 to HAZ-2.3 to mitigate potential risks to construction workers and adjacent land uses from exposure to hazardous substances. There are no known significant unmitigable on-site or off-site sources of contamination that would substantially affect the proposed uses in the area. In addition, there are no significant geology and soils impacts from implementation of the project. Based on the discussion above, future developments proposed under the SCDPP would not likely result in irreversible damage that may result from environmental accidents.

IX. ALTERNATIVES

CEQA requires that an EIR identify alternatives to a project as it is proposed. Section 15126.6 of the CEQA Guidelines specifies that the EIR should identify alternatives which “would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project.” The EIR considered alternatives of design, scope, or location, which would substantially lessen the project's significant impacts, even if those alternatives “impede to some degree the attainment of the project objectives” or are more expensive. While CEQA does not require that alternatives must be capable of meeting all of the project objectives, an alternative's ability to meet most of the objectives is relevant to its consideration.

28 Project Objectives

Streets and Public Spaces Framework:

Essential Land Use:

• Identify where ground floor commercial spaces would be required, as well as the “retail- ready” spaces (i.e., commercial space enabled by design but not required by the SCDPP).

Urban Form:

Form-Based Zoning Code:

• Create a Form-Based Zoning Code that would implement the SCDPP by providing development standards for new development.

CEQA, the CEQA Guidelines and applicable case law have determined that feasibility can be based on a wide range of factors and influences. Section 15126.6(f)(1) of the CEQA Guidelines advises that such factors can include, but are not limited to, the suitability of an alternate site, economic viability, availability of infrastructure, consistency with planning documents or regulatory limitations, jurisdictional boundaries or whether the project proposed can “reasonably acquire, control or otherwise have access to the alternative site.”

The City Council, having reviewed and considered the information contained in the EIR, hereby finds that the alternatives described below are not feasible. The City finds that there are specific economic, legal, social, technological or other considerations, including consideration for the

29 provision of employment opportunities for highly trained workers, and important matters of public policy that render these alternatives infeasible.

As explained above, “feasible” is defined in CEQA Guidelines Section 15364 to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” According to CEQA Guidelines Section 15091(a)(3), the City may reject an alternative to the project if the City finds that it would be infeasible to implement that alternative because of “[s]pecific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers.” An agency also may reject an alternative that does not meet the public policy goals of the agency. In Rialto Citizens for Responsible Growth v. City of Rialto (2012) 208 Cal.App.4th 899, 947, the City of Rialto approved a project while rejecting as infeasible a reduced-density alternative that stripped out the portions of the project that would have created a synergistic mix of retail and restaurant tenants. Additionally, in Environmental Council of Sacramento v. City of Sacramento (2006) 142 Cal.App.4th 1018, 1039, the appellate court upheld the City of Sacramento's findings that additional preservation of open space would be infeasible because it would “at the very least [slow] 'the progress of necessary development such that the public's health and welfare is harmed through the lack of economic growth and productivity and a shortage of housing supply.”5

These findings are based on the discussion of alternatives in Section 7.0 of the Draft EIR and Section

5.0 of the Final EIR, the discussion and analysis of which are hereby incorporated in full by this reference.

Alternatives Considered but Rejected

Location alternatives are frequently considered to reduce the site-specific impacts of a project. A Location Alternative would need to be of similar size to the SCDPP area (approximately 25.0 acres), within the urban service area of the City, near existing transit, and have the appropriate General Plan land use designation(s). The SCDPP was developed to revitalize the Downtown and provide guidance for new development within a portion of the Downtown Focus Area (as identified in the General Plan). In addition, revitalization of the Downtown Focus Area would support the major strategies for the City identity and community vitality; therefore, alternative locations were not considered further.

Furthermore, there is not an equivalent area available for redevelopment within the Downtown Focus Area or immediate vicinity. For these reasons, an alternative location was considered but rejected as infeasible.

No Project Alternative

The CEQA Guidelines specifically require consideration of a “No Project” Alternative. The purpose of including a No Project Alternative is to allow decision makers to compare the impacts of

5 Similarly, courts have upheld an agency's infeasibility finding on a policy-based rationale in the following cases:

Gilroy Citizens for Responsible Planning v. City of Gilroy (2006) 140 Cal.App.4th 911, 936, and Defend the Bay v.

City of Irvine (2004) 119 Cal.App.4th 1261, 1270.

30 approving the project with the impacts of not approving the project. The Guidelines specifically advise that the No Project Alternative is “what would be reasonably expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services.” The Guidelines emphasize that an EIR should take a practical approach, and not “…create and analyze a set of artificial assumptions that would be required to preserve the existing physical environment (Section 15126.6[e][3][B]).”

The No Project Alternative would retain the existing buildings and parking lots on-site and if the site were to remain as is, there would be no new impacts. None of the project objectives would be met under the No Project Alternative.

Reduced Density Alternative

The 2010-2035 General Plan includes an increase in residential and non-residential development within the Downtown Focus Area. Under this alternative, the project would include construction of up to 400 residential units and 130,000 square feet of non-residential development, excluding any space devoted to civic or public uses, as allowed in the Downtown Focus Area. It is assumed that public space would still be provided under this alternative. This alternative would result in the loss of 671 dwelling units and approximately 599,620 square feet of office/commercial/retail space compared to the proposed project. Any development scenario with a smaller project of any size would be built out over a shorter timeframe, and result in less excavation and less heavy equipment use, which would lessen construction and operational air quality and noise impacts compared to the proposed project. While full build out of the SCDPP under this alternative could occur prior to 2030, it would be speculative to presume that all development proposed under this alternative would occur prior to that year. Therefore, full build out of this alternative would still result in a significant unavoidable GHG impact even with implementation of the identified mitigation.

The Reduced Density Alternative would be required to implement all identified mitigation to reduce construction and operational impacts associated with the proposed project, as well as the Conditions of Approval identified for the proposed project.

This alternative would meet the City’s objectives of providing public spaces and housing and nonresidential space within the SCDPP area but at a far lower density than what is proposed. The reduction in development capacity within the SCDPP area would likely result in an intensification of development elsewhere in the City where it may be less suitable. This alternative would also comply with the City’s objective of creating a Form-Based Zoning Code by providing development standards for new development but would not meet the vision or framework for the SCDPP that was created by the Downtown Community Task Force (DCTF), community members, stakeholders, and City Council.

Environmentally Superior Alternative

The CEQA Guidelines specify that an EIR must identify the environmentally superior alternative among those alternatives discussed. If the environmentally superior alternative is the “No Project” alternative, the EIR shall also identify an environmentally superior alternative amongst the other alternatives [Section 15126.6(e)(2)].

31 Based upon the previous discussion, the environmentally superior alternative would be the Reduced Density Alternative as it would lessen construction and operational air quality and noise impacts when compared to the proposed project. While this alternative would meet the City’s objectives, it would not meet the vision or framework for the SCDPP that was created by the DCTF, community members, stakeholders, and City Council.

X. STATEMENT OF OVERRIDING CONSIDERATIONS

CEQA requires decision makers to balance, as applicable, the economic, legal, social, technological and/or other benefits of a project against its significant and unavoidable environmental impacts when determining whether to approve the project. If the specific economic, legal, social, technological and/or other benefits of the project outweigh the significant and unavoidable impacts, those impacts may be considered "acceptable" (CEQA Guidelines Section 15093(a)). When significant impacts are not avoided or lessened, CEQA requires the agency to state, in writing, the specific reasons for considering a project acceptable. Those reasons must be based on substantial evidence in the Final EIR or elsewhere in the administrative record (CEQA Guidelines Section 15093(b)).

The City finds that all feasible mitigation measures identified in the Final EIR within the purview of the City will be implemented with the project, and that the remaining significant and unavoidable impacts are outweighed and are found to be acceptable due to the following specific overriding economic, legal, social, technological and/or other benefits based upon the facts set forth in the above Findings, the Final EIR and the administrative record, as follows, each of which outweighs the project's remaining significant and unavoidable impacts:

• The project is located in in the historical center of the City surround by residential and commercial uses and in close proximity to transit. Redevelopment of the area with a mix of residential, commercial, and civic uses as allowed by the Plan will serve the community and enhance the City’s quality of life and foster economic vitality; • The project will allow for the creation of residential, commercial, civic, and mixed-use development that will support the residents, businesses and visitors within and around the Plan area, as well as, the users of the nearby Santa Clara Caltrain/BART heavy rail transit station; • The project will maximize the housing unit yield on a site with minimal impact on existing neighborhoods;
• Housing allowed by the project will address the City's jobs/housing balance, create a critical mass of housing to justify commercial services, particularly retail services; and • The project will allow for the development of significant commercial uses that will enhance the tax base and contribute to other revenues to support City services that serve the development.

Resolution/Downtown Precise Plan Page 1 of 4
Rev: 7/27/2023
RESOLUTION NO. 23-9294

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

APPROVING THE DOWNTOWN PRECISE PLAN

WHEREAS, the City of Santa Clara (the “City”) is contemplating the adoption of the Downtown Precise Plan (the “Project”), a plan to implement the community’s vision and objectives for a vibrant, pedestrian-oriented destination Downtown wi th a reestablished street grid; WHEREAS, the Downtown Precise Plan is a long-range planning document that provides detailed guidance for future land uses, urban design elements, and right-of-way design concepts; WHEREAS, the Precise Plan represents the implementation of the General Plan’s goals and policies for the Downtown Focus Area;
WHEREAS, the Precise Plan is located on approximately 25 acres of land located in Santa Clara’s historic Downtown bounded by Benton Street to the north, Lafayette Street to the east, Homestead Road to the south, and Madison Street to the west that are currently developed with commercial, office, and residential uses;
WHEREAS, the development capacity of the Project is up to 1,071 residential units, 531,720 square feet of office space, 197,900 square feet of comm ercial/retail space, and 44,300 square feet of public space;
WHEREAS, the framework for the Plan was developed with a focus on building form and height; WHEREAS, new development within the Plan area may be used for housing, offices, hotels, retail, civic or cultural uses, or a mix of these uses;
WHEREAS, the allowable building heights, massing, and placement determine the ultimate development capacity for the Project;
WHEREAS, as a part of implementation the Precise Plan, the City is also proposing to amend Title 18 (“Zoning”), of the City Code to create a new Downtown zoning district that implements the proposed Precise Plan, and to apply that zoning designation across the Project Site; //
Resolution/Downtown Precise Plan Page 2 of 4
Rev: 7/27/2023
WHEREAS, Santa Clara City Charter Section 1007 and Government Code sections 65353 and 65453 require that the Planning Commission provide input to the City Council on proposed long- range plans;
WHEREAS, on October 25, 2023, the Planning Commission conducted a duly noticed public hearing to consider the Project, at the conclusion of which the Commission recommended that the City Council approve the proposed Precise Plan;
WHEREAS, notice of the public hearing on the proposed Precise Plan was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on October 11, 2023; WHEREAS, notices of the public hearing on the proposed Precise Plan were mailed to all property owners within 1,000 feet of the Project Site, according to the most recent assessor’s roll, and to all local agencies expected to provide essential facilities or services to the project, on October 11, 2023;
WHEREAS, before considering adoption of the Precise Plan, the City Council reviewed and considered the potential environmental impacts of the Project, including the implementing General Plan Amendment, Zoning Code Amendment, and identified mitigation measures, and adopted and certified the Environmental Impact Report (“EIR”) for the Project (SCH #2022010282), as well as a set of CEQA Findings and a Statement of Overriding Considerations, in accordance with the requirements of CEQA; and
WHEREAS, on December 5, 2023, the City Council reviewed the Precise Plan and conducted a 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 Precise Plan.

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

Resolution/Downtown Precise Plan Page 3 of 4
Rev: 7/27/2023
A. The proposed Precise Plan is deemed to be in the public interest, in that:

The Precise Plan is located in an urbanized area served by existing municipal services and implements smart growth principles by redeveloping underutilized properties with higher intensity residential, commercial, or office uses, or a mix of those uses, that will contribute to the City both socially and economically.

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

The Precise Plan furthers and is consistent with the goals, policies and major strategies of the General Plan that enhance the City’s quality of life, preserve and cultivate neighborhoods, promote sustainability, enhance City identity, support General Plan Focus Areas and community vitality, maintain the City’s fiscal health and quality of services, and maximize health and safety benefits with the modification of an existing new land use designation that allows for the development of a high-density mixed-use transit-oriented environment.

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

A Draft Environmental Impact Report (“DEIR”) was prepared in accordance with CEQA and the City circulated copies of the DEIR and Notice of Availability to the public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons, organizations and agencies, and the City sought the comments of such persons, organizations and agencies. The City prepared and circulated written responses to the comments received during the Comment Period and included those responses in a Final Environmental Impact Report (“FEIR”), in accordance with CEQA.
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D. The potential impacts of the proposed amendment have been assessed and have been determined not to be detrimental to the public health, safety , or welfare, in that:

A Mitigation Monitoring and Reporting Program (MMRP) has been prepared for implementation with development under the Precise Plan in order to reduce potentially significant impacts identified in the DEIR and FEIR, that combined constitute the EIR for the Project , to less than significant and a set of CEQA Findings and a Statement of Overriding Considerations for the significant unavoidable impacts that cannot be mitigated to less than significant has been prepared in accordance with CEQA ; and the City Council adopted all of these documents .

3. That based on the findings set forth in this Resolution , the Approvals , 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 adopts the Precise Plan .

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA , CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 5TH DAY OF DECEMBER, 2023, BY THE FOLLOWING VOTE :

AYES: COUNCILORS:

NOES: COUNCILORS :

ABSENT: COUNCILORS:

ABSTAINED : COUNCILORS:

Attachments incorporated by reference : None
Resolution/Downtown Precise Plan
Rev: 7/27/2023
Becker, Chahal, Hardy, Jain, Park , and Watanabe
None
None
Mayor Gillm~ ~
ATTEST ~ ... - ~~~ -'--'-~-=-- - ---

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Page 4 of 4 ends

Resolution/Downtown Precise Plan General Plan Amendment Page 1 of 4 Rev: 7/27/2023
RESOLUTION NO. 23-9295

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

TO APPROVE A GENERAL PLAN AMENDMENT TO AMEND THE

MAP AND TEXT OF THE GENERAL PLAN TO MODIFY THE

DOWNTOWN CORE LAND USE DESIGNATION

WHEREAS, on October 17, 2019, the City contracted with the planning consulting firm WRT to develop a Precise Plan for a 10-block area of the Downtown Focus Area as designated in the 2010- 2035 General Plan;
WHEREAS, the General Plan has a Downtown Core land use designation that is applied to seven acres of the Downtown Focus area, and as such a modification to the General Plan map and the General Plan text is required to allow for the designation to be applied to property within the boundary of the Precise Plan;
WHEREAS, the text amendment modifies the “Downtown Core” land use designation to rename it as “Downtown” and apply only to a 10-block area of the Downtown Focus Area; WHEREAS, Santa Clara City Charter Section 1007 and Government Code Section 65353 require that the Planning Commission provide input to the City Council on any proposed General Plan Amendment;
WHEREAS, on October 25, 2023 the Planning Commission conducted a duly noticed public hearing and recommended that the Council approve the proposed General Plan Amendment; WHEREAS, Government Code Section 65355 requires the City Council to hold a public hearing prior to adopting an amendment of the General Plan;
WHEREAS, notice of the public hearing on the proposed General Plan Amendment was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on October 11, 2023; WHEREAS, before considering the subject General Plan Text Amendment, the City Council reviewed and considered the associated Environmental Impact Report for the Santa Clara Downtown Precise Plan;
WHEREAS, the City Council has reviewed the General Plan Text Amendment; and Resolution/Downtown Precise Plan General Plan Amendment Page 2 of 4 Rev: 7/27/2023
WHEREAS, on December 5, 2023, the City Council conducted a duly noticed public hearing to consider the General Plan Amendment, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed General Plan Amendment.

NOW THEREFORE, BE IT 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 will align the proposed Precise Plan with the General Plan land use designation and map.

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

The Project furthers and is consistent with the goals, policies and major strategies of the General Plan that enhance the City’s quality of life, promote sustainability, enhance City identity, support Focus Areas and community vitality, maintain the City’s fiscal health and quality of services, by allowing for an increase in density for a mix of residential, office, retail and civic office uses within 10 blocks of the Downtown Focus Area.

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:

An Environmental Impact Report (“EIR”) was prepared in accordance with CEQA. The City Council has read and considered the EIR.
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Resolution/Downtown Precise Plan General Plan Amendment Page 3 of 4 Rev: 7/27/2023
D. The potential impacts of the pr oposed General Plan Amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that:

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

3. That the City Council hereby amends the General Plan by revising Section 5.2.2 Land Use Classifications and Diagram, Downtown land use designation of the General Plan with the following text:
“Downtown Core. This classification is exclusively for land so designated within the Downtown Precise Plan boundary that is bounded by Benton Street, Lafayette Street, Homestead Road, and Madison Street Focus Area. It covers the eight blocks of the University Redevelopment Project Area, approximately seven 25-acres, planned for high density residential, office, civic, cultural, hotel, and retail uses that will draw local and regional patrons and increase pedestrian activity in the City’s center. The Precise Plan provides goals, policies and implementa tion measures that governs development Development under this classification will result in approximately 400 residential units and 130,000 square feet of non-residential development, excluding any space devoted to civic or public uses, as illustrated on Figure 5.4 -3.”

4. That pursuant to Government Code § 65356, the City Council hereby amends the General Plan by changing the General Plan Land Use Designation for the Project Site by modifying Figures modifying Figures 5.2-2 and 5.2-3 of the General Plan to the Downtown land use designation. //
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5. That based on the findings set forth in this Resolution, the EIR Resolution and the evidence in the City Staff Report and such other evidence as received at the public hearing on this matter, the City Council hereby approves the General Plan Amendment.

6. 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 5TH DAY OF DECEMBER , 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference: None
Becker, Chahal, Hardy, Jain, Park, and Watanabe
None
None
Mayor Gillmor
ATTEST ~
NORAPIMENill,MC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Resolution/Downtown Precise Plan General Plan Amendment Rev: 7/27/2023

Page 4 of 4 ends

Ordinance/Downtown Form-Based Zoning District Page 1 of 6 Rev: 09/2019
ORDINANCE NO. 2065

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING TITL E 18 OF “THE CODE OF
THE CITY OF SANTA CLARA, CALIFORNIA” TO ADD A
NEW CHAPTER 18.22, REGULATIONS FOR THE

DOWNTOWN FORM-BASED ZONING DISTRICT

WHEREAS, the City of Santa Clara (the “City”) is contemplating the adoption of the Downtown Precise Plan (the “Project”), a plan to implement the community’s vision and objectives for a vibrant, pedestrian-oriented destination Downtown with a reestablished street grid with up to 1,071 residential units, 531,720 square feet of office space, 197,900 square feet of commercial/retail space, and 44,300 square feet of public space, located on approximately 25 acres of land located in the historic Downtown bounded by Benton Street to the north, Lafayette Street to the east, Homestead Road to the south, and Madison Street to the west;
WHEREAS, the Project site is located within the Downtown Focus Area of the General Plan;
WHEREAS, the General Plan contemplates that Focus Areas represent locations with opportunities for more intense development with limited impact on existing neighborhoods; WHEREAS, the Precise Plan represents the implementation of the General Plan’s goals and policies for the Downtown Focus Area;
WHEREAS, as a part of implementation of the Precise Plan, the City intends to adopt a General Plan Amendment (“GPA”) to amend the General Plan land use diagram by changing the existing land use designation of the Project Site from High Density Residential, Community Mixed Use, and Downtown Core to Downtown; //
Ordinance/Downtown Form-Based Zoning District Page 2 of 6 Rev: 09/2019
WHEREAS, the Downtown Precise Plan is currently zoned CD - Downtown Commercial, OG - General Office, CC - Community Commerci al, R1-6L – Single Family, B – Public, Quasi-Public Park or Recreation, and PD Planned Development; WHEREAS, the Santa Clara City Code (“SCCC”) currently does not include the required zoning district to implement the General Plan designation proposed in the Downtown Precise Plan area;
WHEREAS, in order to effectuate the Project at the higher-intensity form of development provided in the Precise Plan, it therefore is necessary to (a) create a new zoning district that implements the Precise Plan in the project area, and (b) rezone the Downtown Precise Plan area using the Downtown Form Based zoning designation; and WHEREAS, the HT – Historic Combining zoning district is an overly district intended to preserve historic landmarks and is applied to one property in the Plan area with APN 269- 20-095 (906 Monroe Street), and the proposed rezoning will not remove the overlay, but change the underlying combining district;
WHEREAS, SCCC Section 18.112.040 provides for the review and recommendation by the Planning Commission of all proposed zoning amendments before any action is taken by the City Council;
WHEREAS, on October 25, 2023 the Planning Commission conducted a duly noticed public hearing and recommended that the Council approve the proposed Downtown Form Based Zoning District and rezoning;
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Ordinance/Downtown Form-Based Zoning District Page 3 of 6 Rev: 09/2019
WHEREAS, before considering the creation of the Chapter 18.11, the rezoning of the Downtown Precise Plan area, the City Council reviewed and considered the potential environmental impacts of the Project and identified mitigation measures in the Environmental Impact Report for the Project (SCH#2022010282) (the “EIR”), in accordance with the requirements of CEQA;
WHEREAS, the Project approvals will include a resolution certifying the EIR (the “CEQA Resolution”); a resolution approving the GPA (the “GPA Resolution”); a resolution approving the Downtown Precise Plan (the “Precise Plan Resolution”); and an ordinance (a) amending the Santa Clara City Code to include a new Chapter containing the zoning district relevant to the Downtown Precise Plan and (b) applying the new zoning designation across the Precise Area (the “Rezoning Ordinance”) (collectively, the “Approvals”); WHEREAS, notice of the public hearing on the proposed Project was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on October 11, 2023; and
WHEREAS, on December 5, 2023, the City Council conducted a duly noticed public hearing to consider the new chapter of the zoning ordinance and corresponding rezoning of the downtown area, at which time interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed rezoning. //
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Ordinance/Downtown Form-Based Zoning District Page 4 of 6 Rev: 09/2019

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

SECTION 1: That an new Chapter 18.22 entitled, “Regulations for the Downtown Form Based Zoning District”, is hereby added to Title 18 (entitled “Zoning”), of “The Code of the City of Santa Clara, California” (“SCCC”) as more specifically set forth in the “Downtown Form Based Zoning Code” dated November 2023, attached hereto and incorporated herein by this reference, with the following revisions:

Subsection “L” (“Federal Aviation Administrati on (FAA)”) of Section 6.3 (“Standards”) of Chapter 6 (“Building Height”) is hereby deleted and replaced with the following:
“L. CLUP Policies. In order to ensure consistency with the Comprehensive Land Use Plan for the San Jose Mineta International Airport, the following Policies shall apply within the Downtown Zone:

1. When measuring development height for consistency with the San José International Airport (SJC) Comprehensive Land Use Plan (CLUP) Part 77 Surfaces, height is to be measured from mean sea level (MSL) to the top of the highest point of any proposed structure. Height of any proposed structure is subject to height policies set forth in the SJC and Reid-Hillview CLUPs and may not exceed the Part 77 Surface immediately above that proposed structure. However, in the case of structures or objects within the SJC Airport Influence Area and within an area subject to SJC Part 77 surfaces, if that structure or object penetrates the Federal Aviation Regulation Part 77 surface, the proponent may submit the project data to the Federal Aviation Administration (FAA) for evaluation and air navigation hazard determination, in which case the FAA’s determination shall prevail. //
Ordinance/Downtown Form-Based Zoning District Page 5 of 6 Rev: 09/2019

2. All proposed development within the SJC Traffic Pattern Zone shall comply with the applicable open space requirements of the SJC CLUP (SJC CLUP Policy S-5 and Table 4-2).

3. Where legally allowed, dedication of an avigation easement to the City of San José shall be required to be offered as a condition of approval on all projects located within the Airport Influence Area, other than reconstruction projects as defined in CLUP paragraph

4.3.7. All such easements shall be similar to that shown as Exhibit 1 in Appendix A of the CLUP (SJC CLUP policy G-5).”
SECTION 2: That the City Council hereby amends the City of Santa Clara Zoning Map to apply the zoning designation contained in Chapter 18.22 to all properties in the Downtown Precise Plan Area, bounded by Benton Street to the north, Lafayette Street to the east, Homestead Road to the south, and Madison Street to the west. //
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SECTION 3: That the City Clerk is authorized to renumber the new Chapter 18.22, or any section or subsection contained therein, in order to conform to the numbering system of the existing zoning ordinance, or any subsequent zoning ordinance adopted within twelve months following the Effective Date.

SECTION 4: Effective date. 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, California ." PASSED FOR THE PURPOSE OF PUBLICATION this 5TH day of December , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

COUNCILORS :

COUNCILORS:

Becker, Chahal, Hardy, Jain, Park, and
Watanabe
None
None
Mayor Gillmor
ATTEST:

Yf
Attachments incorporated by reference :

1. Downtown Form Based Zoning Code
Ordinance/Downtown Form-Based Zoning District
Rev: 09/2019

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Page 6 ends

SANTA CLARA DOWNTOWN FORM-BASED CODE
CITY OF SANTA CLARA | PUBLIC DRAFT | NOVEMBER 2023

ACKNOWLEDGMENTS
City of Santa Clara
Downtown Community Task Force
Butch Coyne
Rob Mayer
Dan Ondrasek
Matthew Reed
Chan Thai
Adam Thompson
Ana Vargas-Smith
Atisha Varshney
Debra von Huene
WRT / Planning, Urban Design, Team Leader
Sargent Town Planning / Place-Making & Form-Based Code
& cityof
~ Santa Clara
TheCentero!What 's Possib le
1 General Provisions & Administration . . . .......... 4 2 The Vision & Coding Approach . . ................ 8
3 Overview of Standards . . . .....................1 4
4 The Downtown Zone & Character Overlays . . .....1 6
5 Building Placement . . .........................1 8
6 Building Height . . ............................. 2 2 7 Building Massing ............................. 2 8 8 Facade Design . . ............................. 3 6
9 Private Frontages . . . .......................... 4 2 10 A r c h i t e c t u r a l P r o j e c t i o n s ....................... 5 2 11 Signage Design ............................... 6 2
12 Building Use & Parking . ....................... 7 0 13 Site Standards & Guidelines . ................... 7 6 14 G l o s s a r y ..................................... 8 6 TRANSFORMED DOWNTOWN —This diagram, Figure 5–1 from the Downtown Precise Plan, illustrates a long-term vision of the concentration of new investment and activity possible for Downtown Santa Clara, re-establishing it as a remarkable mixed-use urban center of culture and commerce.

CONTENTS:
...
........ ........
.......... .......... ........... ............ ............ ................. . . ... . ................ .. . .... . 4 | City of Santa Clara Downtown Form-Base Code
1 General Provisions & Administration

1.1. Introduction 1.2. Applicability
Historic Properties and with the City’s regulations
for Historic Combining Districts (see Chapter

18.58 of the Santa Clara City Code). The continued
assessment of buildings and sites with potential
but undetermined historic significance will continue
throughout the life of the Precise Plan. In particular, the City should study the potential eligibility of the
downtown post office for the Historic Preservation
and Resources Inventory.

D. Specific to the Historic Combining District. The
property located at 906 Monroe St (APN 26920095)
shall comply with all regulations of the Historic
Combining District (HT) as described in Chapter

18.58 of the Santa Clara City Code.

E. Historic Building Reuse. The reasonable use
of historic buildings may necessitate adaptive
reuse. The Director of Community Development
("Director"), to encourage such reuse, may allow
flexibility around parking guidelines, change-in-
use thresholds, and other topics, while remaining
consistent with the Secretary of the Interior’s
Standards for the Preservation and Treatment of
Historic Properties and with the City’s regulations
for Historic Combining Districts (see Chapter 18.58
of the Santa Clara City Code).

The Precise Plan describes a revitalized Downtown that is comfortably walkable, amenity-rich, and well-connected.

The vision includes a complete, compact neighborhood,
with human-scaled streets framed by buildings with
active and interesting frontages, and a network of high- quality streetscapes that weave through Downtown and
provides a range of mobility options. It is the purpose of the Downtown Precise Plan, and especially of these
standards, to help ensure that this vision is implemented.

These Development Standards seek to guide private
development efforts and public improvements so that
as the Downtown develops, it builds in a way that is
physically predictable and consistent with the goals and policies of the Precise Plan.

To the extent possible, the administration of this code is intended to follow the same procedures and requirements as elsewhere in the City. The application process, fees, notice of hearing, date of hearing, decision, notice of decision, effective date, vested rights, finality of decision, appeals, and related procedures and revocation shall be in accordance with the proce dures set forth for in Title 18 of the Santa Clara City Code (SCCC).

The Development Standards of this Form-Based Code
regulate land use and the physical form of development
for the ten blocks identified in Figure 4–1 (The Downtown Zone), which corresponds to the Downtown Precise Plan
Area. The zone established here in replaces the existing zoning for all property and uses within its boundaries.

A. Existing Requirements. This Chapter replaces
currently-adopted zoning regulations for parcels in
the Plan area, but relies on many of the land use
and procedural requirements of the Santa Clara City
Code (SCCC). In cases where this Chapter is silent,
the requirements of the SCCC shall apply; in cases
where there is conflict between the requirements
of this Chapter and those of the SCCC, the
requirements of this Chapter shall apply.

B. Existing Structures and Uses. Permitted structures
and uses that do not conform to the standards of
this Chapter on the date of its adoption shall be
deemed to be legal nonconforming. The provisions
of SCCC 18.94 shall apply.

C. Historic Preservation & Resources Inventory.

Downtown’s historic buildings and sites shall
be preserved as described by the City’s Historic
Preservation and Resources Inventory and
consistent with the Secretary of the Interior’s
Standards for the Preservation and Treatment of

1.3. Rules of Construction

1.5. Public Notice
5 | Chapter 1: General Provisions & Administration

1.4. Architectural Review
The following general rules of construction apply to the text of this Chapter. In case of ambiguity, the Director of Community Development ("Director") shall determine the
appropriate application of standards based on the vision for Downtown Santa Clara described in Chapter 1 and the Downtown Precise Plan .

A. Definitions. Whenever a defined word appears
in this Chapter, its meaning is as set forth in this
Chapter. If a word is not defined in this Chapter,
the definition in the Zoning Code shall apply.

Definitions for words that are not defined in either
this Chapter or the Zoning Code are interpreted in
accord with their dictionary meaning and customary
usage.

B. Illustrations. In case of any difference of meaning
or implication between the text of any provision
and any illustration or photograph, the text shall
control, unless the intent of the standard is clearly
otherwise.

C. Terminology. "Shall" is prescriptive; "should" is
directive; "may" is permissive.

D. Uncertainty. In cases of uncertainty regarding the
application of any of these Development Standards,
the Director shall have the authority to make a
determination.

All projects within the Downtown Zone (established in
Chapter 4 ) are subject to the review process outlined in SCCC § 18.76 (Architectural Review) .

Notice of any public hearing required under the terms of this title shall be given as required in the Zoning Code, except that notice shall be provided to all properties within a minimum of one thousand (1,000) feet from the exterior boundaries of the area actually occupied or to be occupied by the use which is the subject of the hearing.

1.6. Director Interpretations
Authority. The Director of Community Development or
designee (“Director”) has the authority to interpret any provision of this Code. Whenever the Director determines that the meaning or applicability of any Code requirement is subject to interpretation, the Director may issue an official interpretation. See SCCC § 18.02.040.
6 | City of Santa Clara Downtown Form-Base Code
§ Standard Max. Deviation from
Numeric Standard Required Finding(s)
4 The Downtown Zone and Character Overlays
Dimensions in Figure 4-2
10%
• Any dimensional deviation is warranted to accommodate a building's bay and Massing Increment rhythm
• Any dimensional deviation does not detract from a ground floor's ability to provide a Shopfront where required.
5 Building Placement
Standards in Table 5-1
0%
• The building(s) help(s) define and provide appropriate enclosure to the public realm.
• The design is harmonious with the existing built context, • The portion of the Build-To Range which is not built out is a meaningfully- designed, useful and beautiful space rather than unsightly leftover space. • Rear setbacks with alleys provide adequate space for any required trash, fire, or utilities access.
• Where fire access is required, separation meets fire code and the discretion of local fire official.
• Where exceptions to standards are necessary to enable the adaptive reuse of existing buildings, provided that the ground floor frontage is calibrated, to the extent practical, according to the standards and guidelines of Section 9.

In exceptional adaptive reuse cases, the Planning Commission may allow a deviation greater than those listed in this table.

Standards in Table 5-2
10%
All other numeric standards in Section
5 10%
6 Building Height
All numeric standards in Table 6-1,
Figure 6-1, and Figure 6-2 0% • Not applicable: no deviation allowed.

All numeric standards in Table 6-2 and
Section 6.3.C through 6.3.J 20%
• Any deviation in dimensions is mitigated through excellence in design which clearly meets the intent for the Plan Area as described in the Precise Plan. • Floor-to-ceiling height is not less than 8 feet.
7 Building Massing
All numeric standards in Section 7 20% • High quality architectural design and materials used create enough visual interest to compensate for any dimensional deviations.
8 Facade Design
All numeric standards in Section 8
20%
• Exceptional architectural style and quality of materials create visual interest that compensates for a lower amount of windows, doors, or entrance frequency. • The facade is organized into a coherent rhythm of bays and the intent of an active & interesting ground floor environment is still met.

1.7. Deviation from
Standards
In some instances, it may be practical to deviate
slightly from the Standards of this Code while
still meeting the vision of the Downtown Precise
Plan. In such a case, the Planning Commission
shall have the authority to grant deviations from
the development standards of this chapter in
accordance with the provisions of SCCC § 18.108
and in accordance with the maximum deviations
and associated required findings in Table 1-1.

For any standards not listed in Table 1-1, no
deviation is permitted. In all cases, no deviation
shall be granted if it hinders a project's ability
to contribute to the vision for Downtown Santa
Clara as detailed in the Downtown Precise Plan
and/or hinders its ability to achieve the intent of
the standard in question.

Special consideration for deviations shall be
given to the cultural/civic anchors described in
the Precise Plan, such as the Food Hall / Market
Structure on Arts Commons. New cultural/
civic structures play a pivotal role—as does
the existing historic Post Office building—in
establishing Downtown as a destination with
unique physical markers. Such buildings warrant
special architectural gestures, executed to a high
artistic standard.

TABLE 1-1 | DEVIATIONS FROM STANDARDS
§ Standard Max. Deviation from
Numeric Standard Required Finding(s)
9 Private Frontages
All numeric standards in Section 9
20%
• Any deviation in dimensions is mitigated through excellence in design and enables the frontage to accomplish the intent of private frontages • Any deviation doesn't hinder a frontage's ability to serve its role according to its frontage type
10 Architectural Projections
All numeric standards in Section 10
20%
• Any deviation in dimensions is mitigated through excellence in design. • Any deviation does not restrict the projection's ability to serve its purpose (i.e. a balcony shall remain usable rather than simply decorative). 11 Signage Design
All numeric standards in Section 11
20%
• The sign is not auto-oriented in nature.
• The sign is appropriately scaled to the size of the building & business. • The sign enhances the aesthetic quality of the public realm. 13 Site Standards & Guidelines
All numeric standards in Section 12
20%
• The high quality of the architectural/landscape design and the materials used create enough visual interest to compensate for any dimensional deviations. • Privacy requirements are adequately balanced with visual safety needs. •
Any additional wall height is warranted to provide appropriate privacy to the space it is enclosing, due to a unique site condition (i.e. space is highly exposed or adjacent an undesirable site condition outside of developer's control). • Decreased wall height is warranted if a landscaping feature provides the desired privacy.
• The enclosed space provides adequate visibility to the public realm ("eyes on street").
• Architectural style is consistent with the design of the building and/or the public space it is enclosing; strong landscaping is provided between wall and sidewalk. 7 | Chapter 1: General Provisions & Administration
,--+
8 | City of Santa Clara Downtown Form-Base Code
A. Implementing the Vision. The essential character and community value of the historic downtown that Santa Clara lost in the 1970s was defined by its public realm – the beautiful, comfortable, lively, useful and entertaining “outdoor rooms of the community” – and by the unique buildings and lively mix of retail, dining, entertainment and civic uses that lined and activated those public spaces. The same is true of the envisioned future Downtown Santa Clara. Within the streets, plazas, parks, paseos, courtyards and buildings of the restored Downtown that the civic, cultural, economic and social life of Santa Clara will once again be centered.

B. The Precise Plan. Developed through a 3-year community process, The Precise Plan has clearly defined the public space network for the restored downtown, which will act as its organizational and mobility fr amework. The starting point for the public realm framework is the systematic restoration of the historic street grid and resulting pattern of very walkable square blocks, to which the Precise Plan has added a number of very special new public gathering spaces in the form of plazas and greens. In addition to defining the vision for t he restored downtown, the Precise Plan includes detailed standards and design guidelines for the public realm, including all the streets, plazas, parks and other public open spaces, as well as implementation strategies and procedures.
2 The Vision & Coding Approach
FRANKLIN STREET IN THE 1950SFRANKLIN STREET IN 1898 FRANKLIN STREET TODAY

2.1. A New Code for Downtown Santa Clara
C. Conceptual Vision. The Precise Plan also provides a clear conceptual vision for the types, sizes, uses and design character of the buildings that will shape and activate those public spaces. Through the hard work of the Downtown Community Task Force, city staff and officials, and the planning and design team a remarkably detailed and nuanced vision has emerged, defining specific building size, form, use and design characteristics on a street by street and block by block basis.

D. Development Standards and Guidelines. The standards and guidelines of this Code are both “place-based” and “form-based” , with all standards and guidelines keyed to a Regulating Plan, which mirrors exactly the public realm plan in the Precise Plan. This enables to Code to assign building height standards, building setback standards, building use standards, and building form and design standards and guidelines on a street-by-street and block-by-block basis in order to systematically and predictably implement the community’s vision.

This Section provides a non-regulatory introduction to the Code. All standards and topics referenced in this section are found in later sections of this Code.

E. The Role of Buildings. If the streets and plazas and greens of the Downtown are “the floors” of the outdoor rooms of the public realm, it is buildings that form “the walls” of those rooms, providing a strong sense of spatial enclosure (a.k.a. “sense of place”) and activating the public real with retail, restaurant, entertainment, civic, office and residential uses and activities. In conventional suburban environments, buildings are interspersed with parking lots and landscaping in freeform patterns, with buildings essentially free-floating in “open space” that is designed primarily for driving and parking cars. In downtowns and the traditional neighborhoods that usually surround them, buildings are set purposefully at or near the sidewalks, with the facade of every building and every development project working together to generate a steady but varied “streetwall” to define human-scale pedestrian-oriented public spaces. The streets surely accommodate automobiles, but are designed first and foremost for people. It is the constant presence of pedestrians, and high levels of human activity in the downtown public realm that makes it attractive, active, safe and comfortable throughout the day and late into the evening. The sa fety and comfort of the that public realm also depends to a very large degree on t he “eyes on the street” that are provided by shopkeepers, customers, residents and office workers within the buildings.

This requires that all facades include generous amounts of windows. Windows are “the eyes of the building” , giving the entire Downtown “a lived-in look. ” Blank walls are very destructive of comfortable urban places, most particularly at the ground floor level. Further, as discussed below, the design of ground floor building frontages must be such that ground floor occupants do not feel the need to keep window blinds closed all the time for privacy, as windows that are always covered do little more for pedestrian comfort and safety than blank walls.

F. Coding Approach. This Code is a system for ensuring that each new increment of private development and public improvement contributes to achieving the community’s vision as documented in the Precise Plan. Unlike “a project” – which may be designed and built all at once by a single developer or investor – “a plan and code” is a recipe for ensuring that many projects built by many people over the course of many years will generate a c oherent, cohesive and varied set of urban spaces and places, consistent with the community’s vision and aspirations.

The code is essentially “the vision, reverse engineered” into a set of rules and THE ROLE OF BUILDINGS—The walls of outdoor rooms OPEN SPACES —Parks and square form part of downtown's varied set of urban spaces. 9 | Chapter 2: The Vision & Coding Approach
10 | City of Santa Clara Downtown Form-Base Code
procedures which, if followed, will enable each new project to meet market demand, to express the vision and creativity of its developer and designers, while also contributing to the making of a complete, new downtown of sustained and growing long-term value.

G. Code Regulations. The Code regulates all of the standard zoning topics related to building use, building heights and setbacks, parking requirements, and permitting processes. It also provides standards for building form and design.

1. Building Placement. To emphatically define the public spaces of the Downtown, building facades must be built at or near – and parallel to – the frontage line or back of sidewalk.

Along Franklin Street and other retail streets, most building facades must be built right on the frontage line in the classic “main street shopfront” pattern. Along streets with existing or new housing, buildings must be set back from the sidewalk behind shallow landscaped yards, providing a degree of pr ivacy for residents and compatibility with nearby homes. The design of building ground floors and front setback areas– see Frontages, below – is systematically correlated with building placement to optimize the function and value of the ground floor uses in that building and in surrounding properties.

2. Building Height. Along Franklin Street and within the downtown core, building heights may vary from 2 to7 stories, or up to 9 allowed by height bonus provisions that may be granted for exceptional projects. But buildings along the Neighborhood Edges – particularly along Benton, Madison, and Homestead – must be “scaled down” for compatibility with surrounding historic neighborhoods. The taller buildings in the core provide very strong spatial definition and decidedly “urban character” to that area.

They also provide opportunities for significant quantities of housing and office uses in addition to the downtown commercial uses, and generate economic value capable of supporting the construction cost of efficient, shared, structured parking facilities that will enable such a concentration of active uses without a surrounding “sea of parking lots. ”
H. Code Provisions. In addition to regulating overall building heights, the Code includes provisions that regulate the heights of ground floors, to ensure generous spaces for shops, restaurants and other active downtown uses . It also includes provisions for manipulating the “apparent height” , or “scale” , of buildings to ensure greater compatibility of taller buildings with surrounding existing and future smaller buildings. For example, the tallest new buildings are required to provide clearly defined 2-story bases that are approximately the height of the two-story historic do wntown buildings and existing two-story homes in surrounding neighborhoods. As described below, building facade standards include provisions requiring building height variations in tandem with building width standards to differentiate adjacent buildings one from the other.

BUILDING PLACEMENT—Shopfronts line the back of the sidewalk BUILDING HEIGHT—scaling down from the center to surrounding residential

1. Building Facades, Scale and Character. Quite literally “the walls” of each street and block of the Downtown, building facade standards are coordinated with the street design, building height and building use standards to ensure that the scale and character of each public space is consistent with the vision and intent of the Precise Plan. Facade design is at the intersection of architecture and urban design, of development and placemaking, and done well can ensure that each building meets the programmatic and financial goals of property owners, investors and users, while positively contributing to the making of a fine new downtown public realm for Santa Clara in the primary ways.

2. Facade Organization. The historic buildings within the downtown core along Franklin Street were typically 25 to 60 feet wide, such that each block was comprised of 5 to 10 individual buildings. That pattern was based on the original subdivision of the Downtown into 25- or 30-foot-wide lots, and the development of buildings on one or two or occasionally three lots. Most of the residential lots across Benton Street, Madison Street and Homestead Street from the new Downtown are 50 or 60 feet wide, and the primary masses of most of the homes are 25 or 30 feet wide. All new buildings in the Downtown are expected to reflect and respect those historic patterns by incorporating comparably sized and scaled building forms and facade patterns, whether in buildings similar in overall size to lost historic structures, or are buildings and projects whose overall size is considerably larger. This is not an exercise in nostalgia or “historical correctness” , it is to ensure that the new downtown is compat ible with (“in scale with”) the surrounding historic neighborhoods, and to provide it with a uniquely Santa Clara identity and ambiance.

3. Building Width. The original historic downtown buildings were built on or two or three of the original 25- or 30-foot-wide lots, and because many were built before automobiles became a common transportation mode did not include large parking lots or structures within the blocks. Accordingly, all new building facades are expected to be organized into “bays” – groupings of doors, windows and other architectural elements. Further, the facades of wide development projects are also required to be organized into more than one “Massing Increment, ” as perceived from the street. Each 300-foot block face will contribute at least 4 such Increments to the public realm.

4. Vertical Organization. In addition to organizing door and window openings into bays and buildings horizontally, fine downtown buildings are prototypically organized vertically with clear bases, middles and tops.
a. Bases: In the classic American downtown mixed-use building, the base is composed mainly of large, clear glass shopfront windows and entries, and made of fine, heavy, strong materials such as stone or brick, that look great close up and age gracefully.

Some large ground floor openings are also building entries and lobbies leading to upper floor residences and offices.

FACADE ORGANIZATION—This wide single building breaks down its scale into different facade designs to better fit the neighborhood BUILDING WIDTH—50' wide building organized into vertical bays 11 | Chapter 2: The Vision & Coding Approach
12 | City of Santa Clara Downtown Form-Base Code
b. Middles: Upper floors are typically fenestrated with the smaller windows of apartments, offices or hotel rooms, typically grouped and stacked above the large ground floor windows in simple rectangular patterns. In some buildings, however, large windows comparable in scale to those of the ground floor may continue to the upper floors, while in buildings with residential ground floors the smaller window pattern of the upper floors may extend to the ground floor. c. Tops: Building tops may be designed in many different ways. Some have visible pitched roofs, others are provided with projecting architectural cornices, and some have very simple caps on parapet walls. The scale of buildings taller than 3 or 4 stories may benefit from more emphatic articulation of their top floor, with techniques including special materials or window patterns, recessed balconies or porticos, or roof terraces with pergolas or roofs. d. Combinations: Finally, for taller buildings, in addition to strong tops, two-story bases are required to moderate the appearance of height and to establish a strong two-story scale from the perspective of the pedestrian. Most of the buildings of Santa Clara’s historic downtown were two stories tall, as are most of the fine historic homes in the surrounding neighborhoods. So establishing a two-story “scale” in this way within the downtown is a simple way to make new taller buildings fit in gracefully.

5. Frontages. Frontages are those linear strips of space between the building face and vehicular traffic. These are generally the spaces with the highest concentrations of pedestrian activity, c ommercial activity, and social activity – the spaces through which pedestrians move throughout the Downtown, window shop, dine outdoors, and enter and exit buildings. Accordingly, the design and function of frontages is critically important to the success and value of each and every ground floor use, very likely the most important single topic addressed by this Code.

6. Privacy Modulation. A fundamental role of frontages in urban places is as “privacy modulators” for ground floor uses. In suburban environments, privacy for ground floor uses is provided by setting buildings back behind wide landscaped “buffers” and parking lots, which have no place in downtown streetscapes, so more nuanced manipulations of building facades and judicious use or shallow VERTICAL ORGANIZATION —Base, middle, and top BUILDING FRONTAGES—good design of this space invites activity setbacks is required. The Frontage Standards and Guidelines of this Code work in combination with the building setback and facade design standards and guidelines to appropriately calibrate privacy for each type of ground floor use.

7. Retail Exposure. Retail shops thrive on openness and visibility to passing pedestrians and motorists, so retail frontages are characterized by wide sidewalks and large, clear glass openings set right on the back of the sidewalk, effectively “blurring the line” between inte rior and exterior space. Within the wide sidewalks, outdoor dining or merchandizing may spill out onto the sidewalk next to the shopfront, or within the street tr ee and furnishing band next to the curb, or in some cases within the curbside zone in lieu of parking or vehicular drop-off.

8. Residential and Office Privacy. Ground floor residents or office workers, on the other hand, do not want every passing pedestrian looking into their home or office, so residential and office frontages set the building back behind a shallow landscaped front yard and often elevate the ground floor 2 or 3 feet above the sidewalk so that sills of their smaller ground floor windows are at or above the eye level of passing pedestrians. Sidewalks are comfortably wide, but narrower than along retail frontages, and street trees are typically planted in continuous planting strips that further enhance the “front yard” character of the streetscape.

9. Intermediate/Flex Frontages. A variety of intermediate or “user-reconfigurable” frontage types are defined to enable ground floor uses to change over time with market demand, without major reconstruction each time the use changes. Office/ Retail Flex frontages enable occupation of ground floor spaces with office uses, and conversion to more active retail and restaurant uses in the future. This can be accomplished simply by allowing more window coverings than permissible in retail establishments, and/or my providing marginally smaller windows than classic retail, still suitable for future retail or restaurant tenants. Residential/ Retail Flex may include similar strategies, but only in buildings set back from the sidewalk, with landscaping in the setback area for residential use that can be replaced with sidewalk paving in the future for retail tenants. This is a complex topic and is addressed in the standards and guidelines of the Code.

RETAIL EXPOSURE —Clear glass blurs the barrier between interior and exterior space.

Note: This example is an exceptionally wide expanse of glass. Most facades will be divided into multiple smaller bays div ided by vertical structural elements.

RESIDENTIAL AND OFFICE PRIVACY —elevated ground floors
13 | Chapter 2: The Vision & Coding Approach
14 | City of Santa Clara Downtown Form-Base Code
3 Overview of Standards

3.1. Summary of Regulating Topics
CH. 4: THE DOWNTOWN

ZONE & CHARACTER

OVERLAYS
A Downtown Zone is applied to the 10
blocks of the Plan Area to implement the
standards of this Code and the vision of the
Precise Plan. Character Overlays are used
to further calibrate the standards of the
Code to the multiple unique environments
within the Downtown Zone.

CH. 5: BUILDING PLACEMENT
Building placement standards ensure that
new buildings are sited and oriented to
appropriately define and engage new and
existing streets, public spaces, courts, and
paseos.

CH. 6: BUILDING HEIGHT
Building heights are regulated in order to
properly concentrate intensity at the heart
of Downtown while scaling appropriately
to the existing context.

CH. 7: BUILDING MASSING
Building massings are regulated to ensure
that new large developments do not have
massive, monolithic facades that feel
overbearing to pedestrians. Buildings are
required to reflect the rhythm and scale of
the historic Downtown.

Throughout the Code, standards are grouped into the regulatory topics summarized on this page. Each of these topics represents a section of the Code; the section number is noted alongside each title. This topical organization enables the Code to systematically implement the vision as articulated in the Precise Plan and follow the approach described in the previous section, Section 2. Before referencing the standards found in the remainder of th is Code, applicants proposing any new development in the Downtow n Zone should familiarize themselves with Section 2 as well as the Santa Clara Downtown Precise Plan . After covering each of these topics, the Code concludes with a glossary of the specialized terms which are used throughout.

Street
Street
Building Footprint
CH. 10: ARCHITECTURAL

PROJECTIONS
Architectural projects are the elements
which stick out from the facade into the
private setback. These elements enhance
the relationship between the building and
the public realm.

CH. 12: BUILDING USE
& PARKING
Use regulations ensure that upper floors have the
flexibility to accommodate a wide range of activity
in Downtown and that ground floors are occupied
by uses which are appropriate to their Downtown
context—regulated by Character Overlay. This
section also ensures the proper placement of
parking within buildings.

CH. 13: SITE STANDARDS
& GUIDELINES
Site standard and guidelines regulate a
wide range of private realm elements—
including waste and utilities, site walls,
lighting, and on-site open space—to
ensure that such elements contribute to
the Downtown environment while serving
building occupants.

CH. 11: SIGNAGE DESIGN
Signs will be a strength of Downtown
buildings. They will be beautiful and
bring visual interest to the street while
drawing patrons to businesses and other
destinations within the Downtown Zone.

CH. 8: FACADE DESIGN
This section ensures that building facades
have an appropriate amount of windows
and doors, and that those windows, doors,
and other facade elements are organized
into a rational composition of floors and
bays.

CH. 9: PRIVATE FRONTAGES
Private frontage standards regulate the
building face and everything between that
building face and the sidewalk. Design
is to be calibrated to ensure a mutually
beneficial relationship between the private
property and the public realm.

Private Frontage
Parking
Garage
Wide Range of Upper
Floor Uses
Lafayette St
Franklin St
15 | Chapter 3: Overview of Standards
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16 | City of Santa Clara Downtown Form-Base Code
ACEGI
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FIGURE 4-1 | DOWNTOWN ZONE PLAN
A. The Downtown Zone shall be applied to the land
within the 10 blocks of Downtown which are
established by the Precise Plan. The Downtown
Zone is shown in purple in Figure 4.1 to the right.

B. Figure 3–2 of the Precise Plan establishes the
rights-of-way for each existing and new street and
public open space within the Downtown Precise
Plan Area. This figure is included in the lower left
for reference.

C. The new network of pedestrian-oriented streets
and open spaces shall be designed in accordance
with the design standards specific to each, which
are set forth in Chapter 3 of the Precise Plan.
4 The Downtown Zone & Character Overlays

4.1. The Downtown Zone
PRECISE PLAN FIGURE 3–2 | DOWNTOWN STREETS & PUBLIC SPACES Central
Green
Central
Green
Arts
Commons
Arts
Commons
Franklin
Square
Franklin
Square
Legend
17 | Chapter 4: The Downtown Zone & Character Overlays FIGURE 4-2 | CHARACTER OVERLAYS
Shopfront
Overlays
Retail-Ready
General
Neighborhood Edge
a = 50 feet
Potential relocation of Franklin Square and its
fountain to the block to the north, as part of any
future development which includes the demolition
of the existing building at this location.
b = 70 feet
c = 90 feet
e = see Standard 5.3.E
Dimensions
(Measured along the applicable
private property line)

4.2. Character Overlays
A. Four Character Overlays are established per Figure 4-2: Character Overlays . The intent of these overlays is to calibrate the standards and guidelines of the Code to the specific urban environments envisioned by the Precise Plan. This includes concentrating street life at key locations within the heart of Downtown while transitioning smoothly to the existing neighborhood context at the edges of Downtown.

B. The Character Overlays include:

1. Shopfront Overlay. The Shopfront Overlay determines the most active and urban nodes of Downtown. It locates where the most active ground floor uses, such as restaurants or national retailers, are desired. The Shopfront Overlay extends into the lot to a depth of 50' beyond the primary facade (or 30' for local non-formula retail and restaurant establishments, per Section 9.4.A ).

2. The Retail-Ready Overlay. The Retail-Ready Overlay fills the gaps between the most active nodes. This environment will feature a wider range of ground floor uses than in the Shopfront Overlay, but it must be able to transition to having the qualities of the Shopfront Overlay with retail and restaurant ground floors. The Shopfront Overlay extends into the lot to a depth of 50' beyond the primary facade (or 30' for local non-formula retail and restaurant establishments, per Section 9.4.A ).

3. The General Overlay. The General Overlay is the most flexible. It allows for ground floor residences and offices as well as retail-ready frontages and shopfronts. All areas not subject to the Shopfront or Retail-Ready Overlays fall within the General Overlay.

4. Neighborhood Edge Overlay. The Neighborhood Edge overlay ensures that the overall building form transitions to the scale of the surrounding neighborhoods, so that you don't have long, monolithic facades across from the existing small house-form buildings. It extends from into the lot to a depth of 20' beyond the primary facade. It overlaps with other overlays (see Figure 4-2) and therefore, its requirements are in addition to those of the underlying overlay.
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5 Building Placement

5.1. Intent
The standards and guidelines of this
section seek to ensure that, to the extent
practical, new buildings are sited and
oriented to appropriately define and
engage new and existing streets, public
spaces, courts , and paseos (See Section
14 for a Glossary of all words in italic blue
font).

5.2. Applicability
The standards and guidelines of this section
apply to all projects which include the
construction of new primary buildings.

BUILDING PLACEMENT—This Axonometric view of the Building Placement diagram (Figure 5-1) illustrates how buildings are to be set close to the front property line (per Table 5-2) to define and engage streets and open spaces.

FIGURE 5-1 | BUILDING PLACEMENT
Franklin Street
Benton Street
Main Street (North)
Jackson Street
B
Building Footprint
Property Line
Arcade
See Section 10.4.H
Public Open Space
See Precise Plan,
Chapter 3
This is a 100% buildout along the street.

Forecourt
See Standard 9.3.B
Gallery
See Section 10.4.I
B
B
D
C E
Alley
Franklin Street
Main Street (north)
Property Line
A
Notes
1 See allowable exceptions in §5.3.A.
2 Measured from the property line(s)
adjacent to the street or open space.
3 The Franklin St, Main St South, and
Lafayette St front setback area shall
be designed as an extension of the
sidewalk per Section 9.3.C.
4 Along Lafayette St, the face of any
Arcade shall be set 6 feet from the
property line (see §10.4.H).
5 Continuous arcade(s) shall project
over this setback, lining Central
Green (see §10.4.H).
6 Buildings lining Arts Commons and a
potentially-relocated Franklin Square
shall be set at the edge of those
spaces, with 100% buildout, as they
are dimensioned in Precise Plan Fig.
3-2. See also Code Fig. 4-2.
7S e e Standard 5.3.E.

Shopfront Retail-Ready General
A
Facade Buildout in Front Street Build-To Range
(as percentage of total buildable length along
the street or open space)
100%
1 100% 1 70-100% 1
TABLE 5-1 | FACADE BUILDOUT BY CHARACTER OVERLAY
FIGURE 5-2 | BUILDING SETBACKS KEY
TABLE 5-2 | BUILDING SETBACKS BY STREET (DIAGRAMMED BELOW) Franklin
St
Main St
South
Lafayette
St
All Other North-
South Streets
Central
Green
Benton St &
Homestead Rd
Build-To Range
B Front Street Build-To
Range
2 12' – 15' 3 0’ – 5’ 3
6’ – 12’; 3
or 21' – 26'
with arcade 4
8’ – 12’ 15' – 20' 5 12’ – 16’
Side and Rear Setbacks
C Side yard adjacent to
another lot (min.) 0’
10% of lot width
or 5’ , whichever
is less
D Rear with alley (min.) 15’ from the centerline of the alley Rear without alley (min.) 20’ when backing up to single family residence(s); 15' in all other cases Separation between mult.
buildings on a lot (min.) 0’ 10’

5.3. Standards
A. Frontage Buildout. The primary facades of new
primary buildings shall be set within the build-to
ranges in compliance with Tables 5-1 and 5-2 and
the text of this section. The following elements
may recess from or break the ground floor facade
and constitute allowed exceptions to the frontage
buildout requirement :

1. Forecourts, subject to Standard 9.3.B , can
span up to 35% of a lot's frontage buildout
requirement. However, forecourts are not
Permitted on Franklin St or the Central Green.

2. Entrances—no wider than 12'—to paseos or
passages, or side yards (See Section 9.5 ).

3. Exterior staircases and associated landing areas.

4. Chamfered corners , provided they include an
entrance or stairway.

5. Recessed Shopfronts: Ground floor shopfront
facades may be recessed up to 8' behind the
Build-To Range to create a "Recessed Shopfront,"
provided the facade above the recessed shopfront
is located within the Build-To Range. If the ground
floor is recessed for multiple adjacent bays (see
Chapter 8 for more on Bays), there shall be a
wall or column between each bay, supporting the
upper floor facades.

B. Building Orientation. Buildings, in order to properly orient toward and engage the public realm, shall
take access from and front the public realm per
Chapter 9.

1. Front Setback and Encroachments. The design
of the front setback area—the space between
the ground floor building facade and public
right-of-way—is regulated by Chapter 9. Allowed
Architectural Projections into the front, side, and
rear setback areas are regulated in Chapter 10 .

E
19 | Chapter 5: Building Placement
Central
Green
Franklin
Square
* **
*
*
Arts
Commons
•
20 | City of Santa Clara Downtown Form-Base Code
C. Parking and Vehicular Access

1. Per Section 12.1, Surface parking lots are not permitted (exception: parking spaces along an alley, with no additional aisles for the purposes of accessing parking, are permitted).

2. Structured ground floor parking shall be set behind at least 30 feet of occupiable ground floor liner space. See Section 12.5.A.2 for parking structure design standards.

3. Vehicular access (see precedent at lower left) into the ground floor of a building, where allowed, comprises part of a building's frontage buildout. See Section 9.4.F for Vehicular Access frontage type design standards.

4. Vehicular drives into a lot, or "driveways" (see precedent lower right), do not comprise part of the frontage buildout, and they are not exceptions to the buildout percentage. They are not allowed in the Shopfront Overlay, Retail-Ready Overlay, or anywhere an alley is present. See Section 12.5.A.1 for driveway design standards.

D. Public Realm Extensions. While most buildings and ground-floor units will front onto and take their primary access from the adjacent Public Realm right-of-way, some buildings and ground-floor units may take this primary access from shared private spaces and connections that function as extensions of the public realm into a site. Such spaces comprise a "Semi-Public Realm” and serve as transitions between fully-public and fully-private spaces. Public Realm Extension s are subject to the following standards:

1. Continuous Access Route. A Public Realm Extension may comprise a single space or connection type, or it may be a sequence of spaces and connections. In either case, Public Realm Extensions shall connect directly to the public realm.
a. For public realm connections which extend through the block from one street to another (such as a pase o), the maximum distance to any primary access shall be 150 feet.
b. For public realm connections which do not extend through the block (such as a forecourt), the maximum distance to any primary access shall be 100 feet.
c. A space which is ‘floating’ within a block—such as an internal court which is not linked via other shared spaces or connections to the public realm—shall not provide the sole frontage to a primary building.

2. Frontage. The standards and guidelines in Sections 8 and 9, the Facade Design and Private Frontages sections, shall be applied to the facades which define and front these spaces, including frequent points of building access and clear, ample fenestration.

3. Activation. Semi-public spaces may allow public access or they may limit access to residents to create a more private space. However, these spaces are not intended to be fully private, which means that they shall remain visible from the public realm, and activate the public realm via the regular coming and going of residents and visitors.

4. Connectivity. Public realm extensions also provide connections through blocks. This is accomplished with a paseo or through a sequence of courts and paseos linking together through the block. Where non- vehicular paths are used, full and unrestricted public access shall be provided throughout the route.

5. Amenities. Public realm extensions also
double as amenity space, and they should
be designed and furnished as such. They
can serve as spaces for gathering, play, and
can include fountains and other amenities.

6. Design. The size, configuration, and
character of these spaces shall prioritize
pedestrian comfort. The spaces and
connections
which comprise a Public Realm
Extension are subject to Section 9.3.B and
the following:
a. Public Realm Extensions shall connect
directly to the public sidewalk. Any
necessary steps, ramps, and/or elevators
to connect them shall be easy to locate
and comfortable to use. Apart from steps
and ramps, surfaces used by pedestrians
shall be flat.
b. Decorative and/or permeable pavement is
encouraged.
c. Landscaping, pedestrian-scale lighting,
and seating areas are encouraged.
d. Public Realm Extensions may be enclosed
from the public realm with landscaping,
low walls, and/or fences, provided that
entrances are provided. No wall or fence
enclosing a public realm extension may
exceed 3 feet in height.
e. On-site driving and parking areas shall
either be designed as shared, multi-use
spaces or be kept separate with strategic
siting of buildings and/or landscaping.
21 | Chapter 5: Building Placement
E. Placement of the Market/Food Hall on Arts Commons.

The Market/Food Hall structure on Arts Commons, along
Lafayette St, shall fit within the 45' by 75' area identified in Precise Plan Figure 3-2 . It may be freestanding or
connect to the adjacent building in Block A. In either
case, a clear outdoor or indoor/outdoor public pedestrian way must pass between it and the rest of Block A,
connecting Lafayette Street to Arts Commons.

VEHICULAR ACCESS INTO THE
GROUND FLOOR is a frontage type and
is regulated by §9.4.F.

VEHICULAR DRIVES INTO A LOT are to be
located and designed to preserve the beauty
and function of the Downtown environment.

Forecourts abut and receive
direct access from the public
right of way.

Courts (Internal) are accessed
from the public right-of-way via
a shared private connection such
as a Passage.

Paseos, passages, and side
yards abut and receive direct
access from the public right of
way. Paseos connect through
blocks, creating a non-vehicular
link between public rights of way.

FIGURE 5-3 | PUBLIC REALM EXTENSIONS:

SEMI-PUBLIC SPACES AND CONNECTIONS
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22 | City of Santa Clara Downtown Form-Base Code
Potential Maximum Bonus Heights2
Not Applicable until the Creation of a Bonus Height Program 6 Building Height

6.1. Intent
These standards and guidelines are intended to implement the physical vision that is articulated in Chapter 2, Downtown Framework.

6.2. Applicability
The standards and guidelines of this section apply to all new buildings within the Plan Area. All buildings are subject to the Maximum Building Heights without Bonuses ( Figure 6-1). If a City height bonus program were to be established, buildings may be permitted to extend up to the Maximum Building Heights with Bonuses ( Figure 6-2 ) for providing Community Benefits (Table 6-1), per Standard 6.3.B . The Table 6-2 standards for the height of building elements apply to all buildings in the Plan Area.

6.3. Standards
A. Maximum Building Heights without Bonuses. All buildings that do not qualify for bonuses (see Standard 6.3.B ) are subject to the maximum building heights identified in Figure 6-1 . See Standard 6.3.C for measurement of building height.

B. Maximum Building Heights with Bonuses. The City may create a bonus height program to grant additional height allowance in exchange for the provision of Community Benefits, per direction in the Precise Plan. Community Benefits may include, but are not limited to, those identified in Table 6-1. Figure 6-2 establishes the maximum building heights which may be allowed under any such program. Bonuses shall be calculated on a project-by-project basis and at the scale of individual buildings. The net financial value added to the project via the bonus height shall be determined in proportion to the fair market value of the Community Benefit offered to the City. This proportion shall be determined by the bonus height program. These bonuses may be combined with any bonuses gained through any State law provisions that may be in effect for affordable housing. The resulting height of any building, including bonuses, shall not exceed those identified in Figure 6-2. Bonuses may be granted to Downtown projects for community benefits provided off-site but in the Downtown Zone.

C. Measurement of Building Height. As shown in Figures 6-4 and 6-5, building height in feet is measured from the adjacent sidewalk level to the top of the parapet, cornice, eave, or ridge of pitched roof, whichever is taller. Height is regulated by the number of stories as well as the maximum number of TABLE 6-1 | PROPOSED COMMUNITY BENEFITS FOR POTENTIAL

HEIGHT BONUS PROGRAM
&RPPXQLW\%HQHȴWV
Each cultural venue on Arts Commons (including but not limited to Santa Clara Theater, Cultural Arts Center, and Market Hall), if consistent with locations on Figure 2-8.

Public parking garage that can support Cultural Arts Center and Theater. This may be provided in addition to providing required parking for other residential and office uses.

Visual and performing art venues or movie theaters in location other than the Arts Commons.

Conservation of resources listed on the Historic Resources Inventory, buildings in the Historic Combining District, or the post office.

Public land dedication, with bonus amount based on extent to which dedication requirement exceeds District average.

Enhanced contributions to public realm improvements above fair-share development impact fee, including infrastructure, paving, planting, furnishings, public art and interpretation elements.

Enhanced contributions to district transit infrastructure and operations.

Subsidized rent (offering rent at or below 60% of the current comparable market rate) for ground floor, non-formula retail and restaurant establishments for a minimum of 5 years (this rate and duration shall be included in a Deed Restriction).

Providing a Future-Proof parking garage, meeting all the standards of Section

8.2.D.2 .
23 | Chapter 6: Building Height
FIGURE 6-1 | MAXIMUM BUILDING HEIGHTS WITHOUT BONUSES
LEGEND 1 — Figure 6-1
LEGEND 1 — Figure 6-2
FIGURE 6-2 | POTENTIAL MAXIMUM BUILDING HEIGHTS

WITH BONUSES
40'
40'
40'
40'
Park or Plaza
Notes
1 Per Standard 6.3.C, height is regulated by the number of stories as well as the maximum number of feet; buildings shall not exceed either metric.

Height in feet is typically generous relative to the number of stories to facilitate tall office floors, where they might occur. It is not expected that residential development
would always take advantage of the full height in feet. 4 stories (up to 59')
5 stories (up to 72')
6 stories (up to 85')
7 stories (up to 98')
3 stories (up to 40')
2 stories (up to 28') Notes
1 Per Standard 6.3.C, height is regulated by the number of stories as well as the maximum number of feet; buildings shall not exceed either metric.

Height in feet is typically generous relative to the number of stories to facilitate tall office floors, where they might occur. It is not expected that residential development
would always take advantage of the full height in feet. 2 Bonus heights shall not become applicable unless and
until the Council adopts a bonus height program. City
staff anticipate presenting a bonus height program,
including a fee component and accompanied by a nexus
study, to the Council in 2024.
4 stories (up to 59')
5 stories (up to 72')
6 stories (up to 85')
7 stories (up to 98')
9 stories (up to 124')
3 stories (up to 40')
2 stories (up to 28')
Park or Plaza
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24 | City of Santa Clara Downtown Form-Base Code

6.3 Standards (continued)
A maximum of 50% of the primary facade length may
be built above 4 stories within the Build-To Range
(see Table 5-2 in Section 5: Building Placement).

The remainder of the primary
facade is limited to 4 stories
within the Build-To Range.

Any other floors above 4 stories
shall be set back a minimum of 15
behind the lower primary facade.

Neighboring
building(separateproject)
FIGURE 6-3 APPLICABLE TO PROJECTS TALLER THAN 4 STORIES* *where permitted by Figures 6-1 and 6-2
Primary facade
length
50% max.

FIGURE 6-4
GROUND

FLOOR AT

STREET LEVEL
FIGURE 6-5

RAISED GROUND
FLOOR
Property Line
Build-to Line
Private Frontage
TABLE 6-2 | HEIGHT OF BUILDING ELEMENTS
Standards Applicable to All Character Overlays
Facade and Building Height
Primary Facade Height See Standard 6.3.E and Figure 6-3 Maximum Building Height See Figures 6-1 and 6-2
First Floor Level (measured from level of exterior sidewalk) 1 General Overlay 0 to 4 feet 2
Shopfront and Retail-Ready Overlay 0 feet
Floor Heights (min)
Ground Floor (Residential) 3 10 feet floor-to-ceiling; 11 feet floor-to-floor Ground Floor (Non-residential) 3 14' feet floor-to-ceiling; 16' floor-to-floor Upper floor (Residential) 9 feet floor-to-ceiling; 10' floor-to-floor Upper floor (Non-residential) 9 feet floor-to-ceiling; 10' floor-to-floor Building Base Height (min - may span multiple floors per §6.3.E) Base on Buildings of 3 Stories
or less
Not required;
1-story base allowed
Base on Buildings of 4 Stories 1 story base required;
16 feet minimum
Base on Buildings of 5 Stories
or more
2-story base required;
25 feet minimum
A
B
C
C
D D1
D1D
D2
D2
E
E2
E2
F
F
E E1
E1
Notes
1 First floor level standards are applicable to the first 30' behind the facade. 2 If the first floor level is elevated from the sidewalk, the appropriate frontage and architectural projection(s) must be chosen. See Chapters 9 and 10, respectively, for applicable standards. 3 Ground floors in the Shopfront and Retail-Ready Overlays are required to be Non-Residential.KEY D1
E1
15’
C
A
B
F
15’
A
B
F
D2
E2
D1
E1
15’
A
B
F
15’
A
B
F
D2
E2
C
25 | Chapter 6: Building Height
feet; buildings shall not exceed either metric (per Precise Plan Policy 5.1.E ).

See Section 6.3.J for exceptions and elements which are allowed above the maximum building height. Building height in stories includes all floors (except for subterranean basements below the ground floor), subject to the following:

1. Mezzanines. A mezzanine—a partial floor contained within a tall building story—which constitutes less than 50% of the habitable area of the building story where it is located, does not count as an additional story.

2. Parking Liner. One habitable floor lining multiple structured parking levels—as may be common with tall ground floor retail spaces—only counts as one story.

D. Height of Building Elements. All buildings are subject to the standards listed in Table 6-2 (see the following spread), regardle ss of whether the project has qualified for bonus heights or not.

E. Primary Facade Height. The primary facade is the portion of the facade located within the Front Street Build-To Range along a street and/or open space (see Section 5.3).

1. For projects which are 4 stories or less, the entire length of the primary facade may be built up to the maximum allowe d building height for the location (per Figures 6-1 and 6-2).

2. For projects which are taller than 4 stories (where permitted by Figures 6-1 and 6-2), a maximum of 50% of the primary facade length may be built above 4 stories within the Build-To Range. The remainder of the primary facade is limited to 4 stories within the Build-T o Range. Any other floors above 4 stories shall be set back a minimum of 15 behind the lower primary facade. See Figure 6-3.

F. First Floor Level. Except for retail-ready ground floors ( Section 9.4.C ) and accessible ground floors at sidewalk level, all residential ground floors shall be raised between 2 and 4 feet from sidewalk grade.

G. Floor Heights. Floor heights shall meet the standards listed in Table 6-2.

1. Retail/Housing Flex. All ground floor residential is subject to the minimum heights listed in Table 6-2. However, ground floor residential throughout the Downtown Zone is encouraged to go well beyond those minimums and be 14’ feet tall, floor to ceiling, and de signed so that future compliance with the Americans with Disabilities Act of 1990 (ADA) for commercial use is not precluded. See the Retail/Housing Flex frontage type in Section 9.4.C . ••••
••••
•••••••• • •
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26 | City of Santa Clara Downtown Form-Base Code

6.3 Standards (continued)
OPEN STRUCTURES IN UPPER-FLOOR SETBACKS —The upper floor setback area may be covered a trellis (right) or upper floor loggia (left), outlined in yellow above.

BUILDING
BASE
BUILDING BASE HEIGHT —The Building Base lines the public realm and visually supports the upper floors.

H. Building Base Height. The building base (shown below) shall be measured from the sidewalk grade to the (lower) cornice, string course, or horizontal plane break. In absence of any of these elements, the mid-point between the topmost point of the first-floor openings and the lowermost point of the second-floor openings shall serve as an upper reference point. The Building Base lines the public realm and visually supports the upper floors. The Building Base may span multiple floors, rather than simply the ground floor. Per Table 6-2, buildings of 5 stories or more must have bases which span at least 2 floors—or the visual equivalent of 2 floors.

I. Upper Floor Setback Area. The upper floor setback area may be covered by an open structure—such as a trellis or upper floor loggia, shown to the right—with a front facade that is no more than 10% solid, excluding any parapet wall height.

J. Elements Above the Maximum Building Height

1. Upper-floor terraces and rooftop decks are allowed, provided that they are not enclosed with walls or roofs. Upper floor terraces and rooftop decks may have umbrellas and shade structures, provided that their walls are no more than 10% solid, excluding any parapet wall height. Such elements shall not exceed the maximum building height by more than 10 feet.
a. Publicly-accessible decks and terraces (such as those for restaurants) are encouraged to extend to the building edge to be visible from the street.

2. Enclosed roof access is allowed within structures that measure no more than 20 by 20 feet in plan. Such structures shall not exceed 12 feet in height above the floor and shall be set back from the primary facade by 15 feet minimum.

3. Certain decorative, uninhabitable architectural elements, such as roof signs (see Section 11.3.I ), may exceed the height limit. Such elements which exceed the height limit by less than 5 feet shall be subject to Director approval.

Elements which exceed the height limit by 5 feet or more shall be subject to the Planning Commission.

4. Wireless facilities shall be designed into the building and/or mounted on the roof. Roof-mounted facilities shall not exceed 6 feet in height from the finished roof, shall be set back from the primary facade by 15 feet minimum, and shall not be visible from the public right-of-way or existing single family residences.

5. Solar panels may exceed the maximum building height if located on the top level of a parking structure. In such a case, they shall not exceed 60 percent of roof area, shall not exceed 20 feet above top garage floor level, and shall be set back 40 feet from the edge of the building to reduce visibility from below.

Figures from Precise Plan Goal 5.2
Figure 5-7

BUILDING HEIGHTS

ADJACENT TO HISTORIC

BUILDINGS AND AREAS OF
HISTORIC SENSITIVITYArchitecturally Significant & Historic Sites Historic Combining District (HT)
Further study needed
POST
OFFICE
K. Architecturally Significant Historical
Sites. Per Precise Plan Policy 5.2C:
"Where it will be adjacent to a historic
building or within areas of historic
sensitivity, new development should be
designed to be compatible with historic
resources, consistent with the Secretary of
the Interior standards and City regulations,
such as by using similar proportion, scale,
facade modulation, and stepdowns. For
new buildings on the same parcel as a
historic building or within a buffer area
defined by Figure 5-6: Historic Resources
and Areas of Historic Sensitivity (2022),
the height of new development should
not distract from the historic building.

Accordingly, height limits have been set
in the western area of the Downtown Plan
in response to adjacencies of sensitive
buildings and historic resources."

1. See also Standards 1.2.C–E .

L. Federal Aviation Administration (FAA).

FAA airspace safety clearance, including
dedication of avigation easements, may
be required on a project-specific basis
pursuant to Federal Aviation Regulation /
Part 77 .

POST OFFICE
Figure 5-6

HISTORIC RESOURCES

AND AREAS OF HISTORIC
SENSITIVITY (2022)
Architecturally Significant & Historic Sites
100ft buffer around Historic Sites
Historic Combining District (HT)
Further study needed
27 | Chapter 6: Building Height

6. As stated in Standard 6.3.C , parapets, cornices, eaves, and pitched roofs are included in the height of the building and therefore shall not exceed the maximum buiding height. Pitched roofs should be symmetrical and sloped no less than 4:12, except that roofs for porches and other attached shed roofs which should be no less than 2:12. Gables facing the public realm should not exceed 30 feet in width.
28 | City of Santa Clara Downtown Form-Base Code
AVOID: This facade would feel massive and monotonous in Downtown Santa Clara.

WELL-SCALED MASSING INCREMENTS (A) in Historic Downtown Santa Clara and a newly-built building

7.1. Intent
The standards in this section ensure that new development reflects the rhythm and scale of the historic Downtown and that new large developments do not have massive, monolithic facades that feel overbearing to pedestrians. Large developments are required to be broken into multiple Massing Increments per the techniques in Sections 7.3.

Massing Increments are visually discrete design compositions that:

1. Are distinguishable from each other;

2. Have a coherent look and character from the ground to the top of the facade;

3. Shall appear to be either distinct building s or distinct parts of a single building, per Section 7.3.C.

Not only does subdividing a long building facade make for a more dynamic and interesting streetscape, but it also makes the building more resilient. Should the market change in the future, the building can be configured to be easily modifiable by Massing Increment to meet the needs of different tenants or to adapt to other uses.

7.2. Applicability
New buildings whose primary facade(s) exceeds the maximum Massing Increment length listed in Table 7–1—which varies by whether the facade is within or outside the Neighborhood Edge Overlay (see Figure 4-2, Character Overlays )—shall be divided into smaller ‘Massing Increments’ per the standards of Table 7–1 and the content of this Chapter. If a primary facade is less than the maximum Massing Increment length, it does not need to be broken into multiple Massing Increments. The standards of this Chapter are organized as follows:

1. Section 7.3.A regulates facades outside the Neighborhood Edge.

2. Section 7.3.B regulates facades within the Neighborhood Edge.

3. Section 7.3.C regulates when Massing Increments, regardless of location, shall and shall not appear as distinct buildings.

MASSING INCREMENTS OUTSIDE THE NEIGHBORHOOD EDGE
See Section 7.3.A

MASSING INCREMENTS WITHIN THE NEIGHBORHOOD EDGE
See Section 7.3.B
29 | Chapter 7: Building Massing
Outside the Neighborhood
Edge
Massing increment ( max.) 100’ 1 60’ 1
Facade Height Difference between Massing
increments (min.) 10% of lesser facade height N/A
Building Base Height Difference between
Massing Increments (min.) 3’ N/A
Gap between Massing Increments
(See Section 7.3.B) N/A 16' wide by
20' deep
B
A
C
D
Notes
1 There shall be a minimum of 4 Massing Increments per block face. Where a block face includes an open space, the open space counts as a Massing Increment.

TABLE 7-1 | MASSING INCREMENT DIMENSIONAL STANDARDS
FIGURE 7-1 | MASSING INCREMENT DIMENSIONAL STANDARDS
Neighborhood
Edge
C
B
A A
Street
AA
D
7 Building Massing
000
30 | City of Santa Clara Downtown Form-Base Code

7.3. Standards
A. Specific to Facades Outside the Neighborhood Edge. Massing increments within the Downtown General Zone outside of the Neighborhood Edge shall be differentiated in the following ways:

1. The primary facade (see Section 6.3.E) height of each Massing Increment—as measured from the adjacent sidewalk level to the eave, cornice, or parapet— shall differ from the primary facade height of its neighboring Massing Increment(s) by 10% of the lesser facade height (per Table 7-1). Upper floors which are set back from the primary facade of the lower floors by a minimum of 15' (per Table 7-1) are not considered part of the primary facade height. The resulting setback area may be covered by an open structure—such as a trellis or upper floor arcade—with a front facade that is no more than 10% solid, excluding any parapet wall height. Figure 7-1 displays a simple difference in primary facade height, while Figure 7-2 shows two other strategies. a. Forecourts and upper floor forecourts—subject to §9.3.B —that are a minimum of 15' deep satisfy this standard as the portion of facade set back does not count as part of the primary facade height.

2. The height of the building base (see Section 6.3.H for more on building bases) shall differ from the neighboring building base by a minimum of 3' . For a greater impact, the height of the base can change by an entire floor (see Figure 7-3).

3. Facade elements—such as openings and Architectural Projections (see Chapter 10 ) that are typically organized into bays—shall not overlap the division between Massing Increments. The entire facade composition shall be contained within its Massing Increment.

4. A Massing Increment design may be repeated up to a maximum of 3 times on the same project elevation. Repeated Massing Increments may not be immediately adjacent to each other.
a. A forecourt—subject to §9.3.B —may provide separation between repeated Massing Increment designs.

5. See Section 7.3.C regarding when Massing Increments shall and shall not appear as distinct buildings.

UPPER FLOORS
SET BACK —The
upper level of the
right portion of
the building is set
back at least 15'
in order to create
an adequate
difference in
facade height
(B) between the
two Massing
Increments (A).

A
A
B
15'

UPPER-LEVEL
FORECOURT —All
upper floors above
the building base
are set back to
create an upper-
level forecourt
which is one
strategy to create
an adequate
differentiation
between Massing
Increments (B).

A
A
A
FIGURE 7-2 | STRATEGIES FOR VARYING PRIMARY FACADE HEIGHT A
B
CHANGE OF 3.5 FEET—The building base
height simply changes from the level of the
level of the 2nd floor up to the level of the sill
of the 2nd floor.

CHANGE OF 1 FLOOR —The left building base
height is one floor taller. This is especially
useful to bring contrast where the building
material does not change. Note: a 2-story
building base is required for buildings of 5
stories or more, per Standard 6.3.H .

FIGURE 7-2 | STRATEGIES FOR VARYING BUILDING BASE HEIGHT C
C
31 | Chapter 7: Building Massing
T
32 | City of Santa Clara Downtown Form-Base Code
GAP EXAMPLE —This Gap between Massing Increments serves as a small forecourt, surrounded on all sides by building.

Width of Gap
Depth of
Gap
G
FIGURE 7-4 | MASSING INCREMENTS IN THE

NEIGHBORHOOD EDGE OVERLAY
Street
A A
A
G
G
GAP EXAMPLE —These Gaps between Massing Increments provide vehicular and pedestrian access into the block.

Neighborhood Edge
Overlay
G
G
G
A
A
AA
Benton Street
B. Specific to Facades in the Neighborhood Edge Overlay. Massing Increments within the Neighborhood Edge Overlay shall be differentiated in the following ways:

1. Massing Increments shall be separated by a gap ( G in Figure 7-4) of no less than 16’ wide by 20’ deep, per Table 7-1.

2. No massing increment facade design may be repeated on the same project elevation. A massing increment facade design may be repeated up to three times on a project, provided they are on different sides of the block.

3. Architectural style variation between massing increments is encouraged to reinforce a pattern of individual, neighborhood-scale buildings, to better fit in with existing buildings in this zone.

4. The use of pitched roofs are encouraged to further relate the buildings to the residential neighborhood scale.

5. Any other differentiation that meets the intent of the standard is encouraged.

6. Gaps between massing increments may—but are not required to—serve as entries to paseos, courts, side yards, or any other on-site open space. Gaps may also serve as small courts or yards and be surrounded on all sides by building.

7. See Section 7.3.C regarding when Massing Increments shall and shall not appear as distinct buildings.

7.3 Standards (continued)
This page intentionally left blank.
33 | Chapter 7: Building Massing
34 | City of Santa Clara Downtown Form-Base Code
Massing Increments which appear as DISTINCT BUILDINGS
Massing Increments which appear as DISTINCT PARTS OF A SINGLE BUILDING OR PROJECT

7.3 Standards (continued)
C. Massing Increments as Distinct Buildings.

Depending on the situation, Massing Increments
shall appear to be either distinct buildings or
distinct parts of a single building, per the standards
of this section. The intent of these standards is to
implement the historic rhythm and character of a
historic downtown as envisioned by the community
without creating a superficial imitation.

1. The following standards regulate when Massing
Increments are to appear as distinct buildings or
simply as distinct parts of a single building:
a. When a single project occupies more than 200
linear feet of street frontage, it shall appear as
at least 3 distinct buildings.
b. Maximum number of distinct buildings on any
single block face.
i. No single project shall appear as more than
4 distinct buildings on any single block face,
except for facades in the Neighborhood
Edge Overlay, which shall have no maximum
number of distinct buildings.
ii. For any project outside the Neighborhood
Edge which occupies less than 100 linear
feet of street frontage, it shall be designed to
appear as a single building.
iii. Exception to the above stated maximum
number of distinct buildings: when
Massing Increments are located on different
properties, are built by different developers
or builders, contain distinct programs, and/
or are built at different times, they may
appear as distinct buildings, regardless of the
resultant number of distinct buildings on the
block face.

ONE PROJECT COMPRISING MULTIPLE DISTINCT
BUILDINGS—While these examples are each just one
development project, their adjacent Massing Increments
appear as two distinct buildings in order to relate to the historic context and because they host distinct portions of the project's program. They are distinguished using
techniques §7.3.C.2.a & b (difference in material and
color and difference in the type and composition of
facade openings and architectural elements) in addition to those listed in §7.3.A . The example above would be
appropriate for the Neighborhood Edge as it has a gap
between Increments.
35 | Chapter 7: Building Massing

2. How to make Massing Increments appear
as distinct buildings. In addition to meeting
the standards in Sections 7.3.A&B , Massing
Increments which are required to appear as
distinct buildings (per Section 7.3.C.1) shall be
distinguished according to the following:
a. There shall be a clearly noticeable difference
in facade materials and color between distinct
buildings.
b. There shall be a clearly noticeable difference in
the type and composition of facade openings
and architectural elements between distinct
buildings.
c. The building base heights of adjacent distinct
buildings shall differ by an entire floor .

36 | City of Santa Clara Downtown Form-Base Code
8 Facade Design
BAYS —Facades can be organized into bays, regardless of style.

FIGURE 8-2 | BASE, MIDDLE, AND TOP
Building facades shall have a base, middle, and top.

8.1. Intent and Applicability
This section further accomplishes the intent described in Section 7.1. The standards and guidelines of this section apply to all new building facades which face public streets and open spaces within the Plan Area.

8.2. Standards
A. Facade Composition. Facade elements shall be organized by a grid ( Figure 8-1 ). Patterns of openings within each individual facade or Building Increment—when required per Section 7.2—shall be organized into a grid per the standards below.

1. Horizontal alignment of elements. Rooflines, openings, and materials within each facade or facade module must align horizontally, and be generally consistent in style across the entire width.

2. Vertical alignment of openings into bays. The entirety of a building’s facade or Massing Increment shall be clearly divided into vertical bays, subject to the following:
a. Facade bays shall extend from the ground to the top of the facade and are defined by vertical structure (solid portions of wall, piers, etc.) which extends from the ground to the top of the facade. (See §8.2.F for more on expressing structure). b. Each bay must be between 15’ and 30’ wide.
c. Openings shall be stacked within bays as illustrated below. Openings should typically be arranged symmetrically within bays.

B. Buildings shall have a base, middle, and top (Figure 8-2 ). The building base should read as visually supportive, with materials that appear solid and strong. Building base heights are scaled to the size of the building; their height is regulated alongside building heights in Section 6.3 and Table 6-2.

1. The building base is the primary portion of t he facade observed from the street, so it should feature details and materials which are pleasing to the pedestrian. The building base should be differentiated from the rest of the facade—whether by a string course, change in material, change in type of openings, or a combination of these elements.

2. The middle of the building features floors which should be generally repetitive, with only minor variations between each floor.

3. The top of the building should feature some form of capping element(s), such as a cornice, enhanced ornamentation, or a decorative parapet. In larger buildings, the upper most floor may be visually incorporated into the building design of the top.

Base
Middle
Top
FIGURE 8-1 | A GRID OF FLOORS & BAYS
Each bay in this example features a shopfront on the ground floor with 1 or 2 sets of upper floor windows stacked above. This pattern is especially appropriate for the Shopfront Overlay.

Bay
TABLE 8-1 | FENESTRATION
Facade Area Shopfront Retail-Ready General
Ground Floor 75% - 95% 65% - 95% 40% - 95%
Upper Floors 25% - 70%
C. Facade Fenestration.

1. Fenestration Area. Facades shall be designed with fenestration—openings on the facade, including windows and doors—in the amounts identified by Table 8-1. a. Fenestration amount is calculated as a percentage of openings—including all windows and doors on the facade—to an area of facade. Each portion of the facade grid, as defined in Standard 8.2.A.3 , must have a fenestration percentage which falls within the range identified by Table 8-1. This is illustrated in the facade diagram to the right. See Figure 8-3 .
b. Per Table 8-1, the required fenestration amount varies by Zone and Overlay (where applicable) and by location on the facade.

2. General to all floors:
a. Except for shopfront or bay windows, w indow jambs shall be set in a minimum of 4 inches from the main facade plane. Trim/moldings on the facade do not count toward this recess depth.
b. Opaque or fogged windows are prohibited. Windows and glazing on doors should have an external reflectance of less than 15%, and a transparency higher than 80%. c. Non-operable shutters—known as ‘faux shutters’—are prohibited. d. The horizontal distance between wall openings should not exceed 15 feet within a facade or massing increment.
e. On street-facing facades, utility penetrations are prohibited (e.g., exhaust vents).

3. Specific to ground floors:
a. The ground floor facade area is determined by multiplying the ground floor height (as regulated by Table 6-2) by its width.
b. Structural elements (e.g., columns and piers) shall be visible on the facade exterior, and the front face of such structural elements shall align with the face of the facade above in order to visually convey that they support the facade and floors above.

This is especially critical for ground floor facades with over 90% glass (to avoid the illusion that the upper floors are resting on a glass box). c. Bedroom and bathroom windows along any ne w or existing street is prohibited. d. Display windows which block views into interior spaces may only comprise up to 25% of the required fenestration area.
e. Section 9 establishes further ground floor fenestration requirements, beyond the base standards in Table 8-1, to create a balance between privacy and transparency according to frontage type.

4. Specific to upper floors:
a. Wall openings should generally not span across stories (vertically) or bays (horizontally).
b. Upper-floor wall openings shall be square or taller than they are wide.

Individual vertically-proportioned windows can be grouped side by side to form a horizontal ensemble of windows.
25–70%
25–70%
25–70%
75–95%
25–70%
25–70%
25–70%
75–95%
25–70%
25–70%
25–70%
75–95%
25–70%
25–70%
25–70%
75–95%
FIGURE 8-3 | APPLYING THE FENESTRATION STANDARDS
Each portion of the facade grid must meet the applicable fenestration requirement. This example displays Shopfront overlay requirements. 37 | Chapter 8: Facade Design
~----W.--,1,,6- ~ =:::::~
. I
EEE -r
■■ m l fff
38 | City of Santa Clara Downtown Form-Base Code
FLEXIBLE BUILDINGS like this example in downtown Los
Angeles, whose upper floors once hosted a department
store and offices but now serves as a parking garage.

8.2 Standards (continued)
AVOID: Wide, horizontal garage openings create too
large a break in the street wall.

PARKING STRUCTURE designed like a typical
Downtown Building, with ground floor parking set behind commercial space with shopfronts lining the street.

The flat, tall parking floors of this building could easily accommodate other uses in the future.

D. Parking Structure Facade Standards

1. Facade design. Parking structure facades shall
be designed to fit into the urban context in one of
the two following ways:
a. Facades that look similar to other Downtown
buildings with designs that meet the standards
of Sections 7 and 8 .
b. Facades designed as art walls, murals, or
screens that incorporate decorative, graphic, or
sculptural elements. Such facades are subject
to recommendations from the Cultural Arts
Commission and Historical and Landmarks
Commission, followed by Director approval,
based on the following Required Findings:
i. Facade design theme, materials and aesthetic
complement and enhance the intended
unified streetscape aesthetic of Downtown,
as defined by this Specific Plan.
ii. Facade design is unique and iconic, using
durable, element-resistant, materials and
techniques.

2. Future-Proof Parking. Parking garages which
can easily convert to accommodate other uses—
such as offices or housing—if and when the need
for parking diminishes, are encouraged. Features
which enable such 'future-proof' flexibility
include:
a. Level floors, apart from necessary ramps;
b. Floors with 10' minimum clear height from floor
to ceiling;
c. Cut-outs for planned shafts in decks and other
structural members to accommodate future
utilities (such as heating, cooling, and venting).

3. Ground floor facade. Per Standard 5.3.B ,
structured ground floor parking must be set
behind at least 30 feet of occupiable ground floor
liner space. Vehicular entries are subject to the
standards of Section 9.4.F .

PARKING STRUCTURE designed like a typical building
with occupiable space on the sidewalk
SHOPFRONT MATERIALS —This example uses smooth
material finishes, especially at the shopfronts where the most pedestrian interactions occur.

STACKING MATERIALS —Masonry used below lighter
materials such as stucco, synthetic cladding, or siding.

MATERIALS ON INCREMENTS —Materials and design are
consistent within each Massing Increment.

SHOPFRONT MATERIALS —A simple palette of materials
across multiple storefronts does not need to feel boring as long as they are well composed.
39 | Chapter 8: Facade Design
E. Materials

1. Fiberglass or plastic (false) architectural
elements or ornamentations are prohibited.

2. Materials used on shopfronts should be
smooth and non-abrasive to touch.

3. Rough-cast and sand-finishes are
discouraged on all building surfaces that
are visible from a street.

4. Where more than one material is used for
the facade, the heavier material must be
used below the lighter material (e.g. brick
below siding, not vice versa).
a. Modulations, color schemes, balconies,
and other facade elements shall be
consistent within an individual facade or
within an individual Massing Increment,
when required per Section 7.2.

40 | City of Santa Clara Downtown Form-Base Code
Bays of windows framed by masonry
building structure
Storefront windows framed by structural
elements
Vertical structural elements frame the bay; visual weight within the bay is transferred clearly to the ground.

Bay
F. Expressing Visual Weight and Load-Bearing Structure. To ensure that new development in downtown is compatible with the historic building fabric and visual structural principles of Downtown Santa Clara, the following standards apply to the building structure, architectural elements, and materials and color:

1. Building Structure. To express the load-bearing structural characteristics of traditional downtown buildings, the following standards shall apply:
a. Vertical Structure. The vertical structural elements of a building—comprising piers, columns, or portions of solid wall which flank each bay of the facade (see §8.2.A.2)—shall be configured so as to visually carry the apparent weight of upper floors down to the ground in a coherent manner (see precedents below). If any vertical structural element is expressed but does not extend to the ground, it shall be supported by structure beneath it, with a visual system of weight transference from the supported element to the ground.
b. Horizontal Structure. Horizontal structural elements—such as beams and lintels—shall be sized to appropriately support the visual weight of the building mass and elements above them with respect to the distance they span.
c. Structural Honesty. The visual system of bays and structure that is expressed on the facade shall be organized and configured to express or reinforce the actual building structure.

8.2 Standards (continued)
AVOID: Heavy upper floor building masses are not coherently supported. Vertical structure elements which frame upper floor bays randomly misalign with those in the building's base.

Traditional bay windows had wooden and
masonry structural elements, creating a
coherently-supported assembly
This modern bay window has a metal
structural frame supported by concrete
cantilevers.

Spandrel panels are recessed into the wall
between vertical structural elements.

Color reinforces the role of the panels as
decorative rather than strong and load-
bearing.

Balcony supported by metal tension rods.
41 | Chapter 8: Facade Design

2. Architectural Elements. To ensure that architectural elements appear to be properly supported, the following standards shall apply:
a. Projections. Architectural Elements projecting from the building’s facade—i.e. balconies, bay windows, and deep roof eaves—shall be visually supported with brackets, corbels, cantilevered beams, or structure that transfers their weight to the structural vertical and horizontal elements of the facade as defined in 1a / 1b. b. Heavy Elements. Heavy elements—i.e. those made of masonry, projecting bays or rooms, etc.—shall appear to be supported rather than floating or affixed onto a weaker-appearing material.
c. Non-Supportive Elements. Elements which are intended to be accents to the facade—i.e. such as spandrel panels between windows—shall not project from the facade. Rather, they shall be inset as architectural relief, with the facade material holding it in place visible around it. There shall be no floating elements or details which appear artificially pasted on.

3. Materials and Color. To ensure that materials and color reinforce the visual structural logic of a facade, the following standards shall apply:
a. As stated in §8.2.E.4, materials heavier in apparent weight (i.e. brick) shall be used below materials that are lighter in apparent weight (i.e. wood siding). b. Colors also suggest visual weight. Colors should complement, and in no way undermine, the visual structural logic of a facade.

42 | City of Santa Clara Downtown Form-Base Code
9 Private Frontages
FIGURE 9-1 | PRIVATE FRONTAGE

9.1. Intent
Downtown Santa Clara is to be an active, pedestrian-
oriented urban environment that is comfortable, safe, and easy to navigate by foot, bicycle, or any mode of vehicular transit. As such, careful attention must be given to the way that buildings shape and front Downtown’s network
of public streets, paseos, and open spaces—also known
as the “Public Realm. ” The space between the travel lanes of a street and the building, and including the building’s ground floor facade, is defined as “frontage. ” In order to create a high-quality urban environment, the design of
that frontage must be calibrated to the ground-floor use of the adjacent buildings and to the unified Downtown
character envisioned in the Precise Plan. Frontages must be designed to provide an appropriate degree of privacy or transparency relative to the needs of the public-facing ground-floor use. Commercial shops and spaces rely
on more exposure for their success, while ground-floor
residences need added privacy so they aren’t forced to
close their blinds and can therefore encourage “eyes on the street. ” This section provides the design standards and guidelines for the private portion of this frontage.

Shopfront Retail-Ready General
Frequency of Building Entries
(max. distance between entries) 50' 75' 100'
TABLE 9-2 | FREQUENCY OF BUILDING ENTRIES BY OVERLAY
identifies Private Frontage Types which are regulated by Overlays, with design standards and guidelines for each type provided on the following pages. These frontage types can be used in combination with Architectural Projections that will be noted under each frontage type.

B. Building Access. A key role of private frontages is to provide access from the public realm into the building. The following standards apply:

1. All buildings must take primary access from the public sidewalk or from private on-site open spaces (see Section 12.5) that directly connect to public realm.

2. Entrances into residential units may not be located more than 250 feet from the tenant/visitor parking space(s) assigned to that unit, as measured along walking paths.

3. Access occurs via one of the allowed frontage types (see Table 9-1).

4. Frequency of Entries. The quantity of building entrances on a street has a drastic effect on the perceived liveliness of a street. The frequency of entrances is regulated by Table 9-2, at right.

C. Specific to front setback areas along Franklin St, Main St South, Lafayette St, and Central Green. Any setback area along these streets and open spaces shall be designed as an extension of the sidewalk—from the public right-of-way to the ground floor facade—with its design and paving matching that of the adjacent public sidewalk, subject to the following:

1. On Lafayette St, the first 6 feet (adjacent to the public right-of-way) of the setback area shall be clear of ground-leve l obstructions and shall function as an extension of the publicly-accessible walkway/sidewalk.

2. Apart from the first 6 feet of the Lafayette St setback (per Standard 9.3.C.1 above), the setback area on these s treets and open spaces may contain furniture, potted plants, sidewalk signs, and other temporary, movable elements in support of ground-floor retail. Any front setback area not used for such purposes should function as an extension of the publicly-accessible sidewalk.

No permanently-installed furniture or fixtures are permitted. a. Exception. A physical barrier required by the California Alcoholic Beverage Control (ABC) Act is permitted. Any such barrier shall be no taller than required by state law, and it shall be as visually transparent as permitted under state law.

Frontage Type Shopfront Retail-Ready General
Shopfront Yes Yes Yes
Common Entrance No1 Yes Yes
Retail / Housing Flex No No Yes
*URXQG)ORRU2ɝFH No No 2 Yes
Ground Floor Residential No No Yes
Vehicular Access No3 Yes4 Yes
TABLE 9-1 | ALLOWED FRONTAGE TYPES BY OVERLAY
Notes
1 Exception: If a project only has frontage in the Shopfront Overlay, a common entrance of 20' maximum width and designed as a Shopfront is permitted in the Shopfront Overlay. 2 Any ground-floor office uses in the Retail-Ready Overlay (see Chapter 10) shall be designed as Shopfront frontages.
3 Exception: A Vehicular Access may be located within the Shopfront Overlay—but in no case on Franklin St or Main St South—if: 1) all of a project's frontage is in the Shopfront Overlay, or 2) if a project has less than 30 feet of frontage outside the Shopfront Overlay and the Applicant demonstrates, to the satisfaction of the Director, that it is only possible to get vehicular access from within the Shopfront Overlay.
4 A project facade (or portion thereof) in the Retail-Ready Overlay shall have no more than one Vehicular Access. Vehicular Access is prohibited on Franklin St and Main St South. 43 | Chapter 9: Private Frontages

9.2. Applicability
The standards and guidelines of this section apply to
any new building or facade renovation along a street or public open space in the Downtown Zone. This Chapter
regulates design, while Chapter 12 regulates building use.

Ground floor use and frontage design shall be determined in coordination per the standards of both Chapters.

9.3. General Standards
The entire ground floor facade facing a public street or public open space is required to consist of the frontage types allowed in this section.

A. Private Frontages. Private Frontages are defined
as the ground floor building facade and the area (or
'setback') between that facade and any property
line along a street or public open space. This area
serves as the transition and interface between the
building interior and street environment. Table 9-1

9.4. Standards by Frontage Type
The following pages provide standards for the 6 allowed private frontage types in Downtown. The standards specific to each frontage type apply wherever such type occurs.

Public Frontage
Public Frontage
R.O.W.

Parcel
Building
Setback
Building
Setback
Parcel
Travel Lanes
Ground Floor Facade
Ground Floor
Facade
Private
Frontage
Private
Frontage
44 | City of Santa Clara Downtown Form-Base Code

9.4.A. SHOPFRONT
Design Standards MIN MAX
Height to top of
transom 12’ -
Height of
shopfront base
1' 2'
Depth of
commercial space
50’ 1 -
A
A
B
B
FIGURE 9-2 | SHOPFRONTShopfronts are characterized by large ground floor openings, including windows and entries, which provide transparency and connection between the public realm and ground floor uses such as shops and restaurants. The primary entrance is typically at sidewalk grade, unless ADA accessibility is accomplished by other means, and provides direct access to the ground-floor use. The basic architectural elements comprising the storefront are large clear windows, doors with glass, and transom windows. If shopfronts have a setback, the setback is typically treated as an extension of the sidewalk.

Design Standards

1. Shopfront openings shall be organized into bays,
with upper floor windows stacked above, per the
standards in Section 8.A.2.

2. If a shopfront is recessed or otherwise setback, and is not designed in combination with a Dooryard,
Terrace, or Porch (as allowed in Section 10 ), the
resulting setback shall be designed as a seamless
continuation of the sidewalk, not as a landscaped
area or buffer. Where permitted, this area may be
used for outdoor dining, merchandising and potted
plants.

3. Shopfronts shall provide for commercial kitchen
infrastructure, regardless of the initial planned use
of the Shopfront. New development shall provide—
or demonstrate on submitted plans that adequate
space is provided—for a commercial grease trap and
chase(s) for kitchen venting adequate to support a
standard full-size restaurant.

4. A shopfront may accommodate small-format
automobile showrooms, provided they function as
would any other retail shopfront.

Design Guidelines

5. Where permitted, shopfronts may be used in combination with Galleries or Arcades, or where the setback is sufficient and context is appropriate, in combination with a Dooryard, Terrace, or Porch (see Section 10 for Architectural
Projections).

6. Ground floor windows should have a minimum transparency of 80% and an external reflectance of less than 15%.

7. All shade should be provided on the exterior of the building; the majority of the interior space should be visible from the right of way.

8. With minor exceptions, all shopfront openings should provide visibility into the interior space, and not be visually obstructed by signage, merchandising racks, storage
shelves, etc.

9. Window sills of non-entry bays shall be no higher than 2 feet from adjacent sidewalk grade.

TABLE 9-3 | SHOPFRONT
Notes
1 Exception: Spaces for local non-formula
retail and restaurant establishments shall
have a minimum depth of 30' .

9.4.B. COMMON ENTRANCE
Design Standards MIN MAX
Height to top of transom 10’ 20’
Height to bottom of canopy/awning 8’ -
Distance to back of sidewalk - 20’
Area of outdoor space
1 80 sf -
Awning/Canopy Depth See §10.4.G
A
B
C
Notes
1 Does not include public R.O.W.

A
B
C
C
FIGURE 9-3 | COMMERCIAL COMMON ENTRANCE
FIGURE 9-4 | RESIDENTIAL COMMON ENTRANCE
Common entrances, like shopfronts, should have a strong connection to the public realm. While not always open to the wider public, they are spaces that are shared by all tenants which rely on them for building access. Access
to individual units (ground and upper floors) is provided via a shared hall/corridor within the building.

Design Guidelines

1. Common entrances should be conspicuous and
designed as a focal-point of the ground-floor
facade. Designs that engage multiple floors and/
or help modulate the facade of the main building
are encouraged (See also Sections 7 and 8 for
Building Massing and Facade Design).

2. Entry spaces within common entrances should
be visible from the public right of way. Ground
floor windows shall have a transparency higher
than eighty percent and an external reflectance
of less than fifteen percent. Window sills may be
no higher than 2 feet from adjacent grade. All
shade should be provided on the exterior of the
building. See Section 8.2.C for more fenestration
requirements.

3. In some cases, a Common Entrance may include
or be combined with a semi-private yard or open
space to provide a comfortable, attractive outdoor
public transitional space that allows congregation
off of the sidewalk, standards for which are
provided in Section 13 Site Standards.

4. Common entrances may also be used with a
Porch, Dooryard, Terrace, Arcade, or Gallery
where allowed (See Section 10 Architectural
Projections).

B A
B
TABLE 9-4 COMMON ENTRY
45 | Chapter 9: Private Frontages
••
, .
• •
46 | City of Santa Clara Downtown Form-Base Code

9.4.C. RETAIL/HOUSING FLEX
Retail/Housing Flex frontage is a versatile type that can host residential uses in the near-term and be easily converted into shopfronts in the future if the market improves for commercial uses.

Design Standards

1. This type is only allowed in the General Overlay
(see Fig. 4-2 ), as residential is not allowed in the
Shopfront and Retail-Ready Overlays.

Design Guidelines

2. The ground floor fenestration amount should be
between 65% and 95%.

3. The setback should be designed and landscaped to
provide privacy when the frontage hosts uses which
require privacy, such as residences or offices.

4. When in residential use, ground floor bedroom and
bathrooms windows are prohibited along the front
facade.

5. When in retail use, if a dooryard or terrace is not
used and the entry is at ground level, the setback is
typically treated as an extension of the sidewalk.

6. When in retail use, the ground floor fenestration
should be transparent and provide visibility to the
interior spaces per Section 9.4.A Shopfronts.

FIGURE 9-5 | FLEX DOORYARD
FIGURE 9-6 FLEX TERRACE

9.4.D. GROUND FLOOR OFFICE
The private frontages of ground floor offices, where
allowed in Downtown, must be carefully designed to
ensure that they appropriately contribute to the active public realm environment of downtown. Like ground floor residential, they typically require some level of privacy, but they still have the opportunity to give life to the street.

Design Standards

1. Ground-floor office uses in the Retail-Ready
Overlay shall be designed as Shopfront frontages.

2. Fenestration shall be calibrated according to
overlay. See Section 8.2.C for more information.

Design Guidelines

3. In general, the most public-friendly office
functions such as reception and waiting area or
office amenity space should be located closest to
the primary facade. Areas for private functions,
such as examination rooms, should not be located
on the primary facade.

4. Ground floor offices may take access directly
from the sidewalk and/or from a Common
Entrance or Lobby (See Section 9.4.B ).

5. The setbacks of ground floor offices at or near
the level of the sidewalk may feature a dooryard
or simple landscaping, or they may be designed
as extensions of the sidewalk if privacy is not
desired. Raised ground floor offices may use
a Terrace, Porch, or Stoop. See Section 10
Architectural Projections.

B
FIGURE 9-7 | OFFICE WITH COMMON ENTRANCE / MULTIPLE FLOOR LOBBY FIGURE 9-8 | OFFICE WITH COMMON ENTRANCE
Design Standards MIN MAX
Height to top of transom 10’ 20’
Height to bottom of canopy/awning 8’ -
Distance to back of sidewalk - 20’
Area of outdoor space
1 80 sf -
Awning/Canopy Depth See §10.4.G
A
B
C
TABLE 9-5 | COMMON ENTRANCE / LOBBY
47 | Chapter 9: Private Frontages
Notes
1 Does not include public R.O.W.

A
B
C
C
B
A
I ••
,.
48 | City of Santa Clara Downtown Form-Base Code

9.4.E. GROUND FLOOR RESIDENTIAL
DIRECT ENTRY TYPES —Dooryards (left) and Terraces (right) COMMON ENTRY —Shared access into a lobby
Ground Floor Residential frontages provide a transition from the public sidewalk to semi-private or private space. These frontages moderate the privacy needs of the residential unit with the need to provide eyes on the street to ensure a safe and activated public realm environment. Accordingly, the closer the ground floor fa cade is to the street, the more carefully designed the frontage must be. Ground floor units are either entered through a common entry (such as an entry lobby or shared private court) or directly from the public sidewalk, typically through a transitional entry element such as a dooryard, porch, terrace, or stoop.

Design Standards

1. If the setback is less than 10 feet, residential ground floors shall have a first floor level that is 3' to 4' above the level of the sidewalk, unless the unit is designed
to be ADA accessible or Retail-Ready. If the setback
is 10 feet or greater, residential ground floors should have a first floor level that is 1.5' to 4' above the level of the sidewalk, but may have a first floor level at or near the level of the sidewalk.

2. For required residential setback requirements see
Section 5 and Table 5-1 Building Placement.

3. See Section 8.2.C and Table 8-1. Fenestration for
residential fenestration standards.

4. Ground floor bedroom windows are prohibited along
the primary facade.

5. Ground floor and second floor bathroom windows
are prohibited along the primary facade. Bathrooms
along the primary facade above the second floor
are permitted, provided that their windows match
the appearance, sill height, and lintel height of the
other windows on the facade and meet the general
fenestration standards of Section 8.2.C.

6. If access to ground floor units is
directly from the public sidewalk,
entry may be provided via a Dooryard,
Terrace, Porch, or Stoop. See Section
10 Architectural Projections.

7. If direct access is not provided, entry
may be via a Common Entry with
shared passageways.

FIGURE 9-9 | GROUND FLOOR FRONTAGES AND ENTRY TYPE VARIATIONS Design Guidelines

8. Windows on ground floor residential are typically similar to those found on upper floors of the facade.

9. Privacy Modulation. The distance from the sidewalk
to the facade and first floor windows is used to
maintain a balance between resident comfort level
and neighborhood security and activity. The closer a
residential unit is to the sidewalk, the higher the ground 5'
10'
PRIVACY MODULATION EXAMPLESFIGURE 9-10 | PEDESTRIAN

AND RESIDENT INTERFACE
RAISED GROUND FLOORS —The raised elevation
of the ground floor from sidewalk level, and taller
ground floor sill heights (generally above eye-level),
allow residents to overlook the street outside, while
preventing passers-by from seeing into private
interior spaces.

NO SETBACK (ATYPICAL URBAN CONDITION) —The
facade is immediately at the back of walk, but window
sill height is above eye level of the passerby, maintaining privacy within the unit while allowing the tenant to
overlook the street.

SHALLOW SETBACK (VERY URBAN CONDITION) —The
facade is close to the sidewalk (less than 5ft), so the unit's ground floor is raised high enough that pedestrians must look up to see into the interior. The opaque front door and the landscaping is used to ensure privacy. However, the lower bushes and ground cover soften the wall in a nod to the neighborhood context.

COMFORTABLE SETBACK/ELEVATION (TYPICAL
URBAN CONDITION) —The combination of modest
setbacks and ground floor elevation - in the form of semi- private dooryard/terraces - provides sufficient privacy and a comfortable buffer between the sidewalk and large glass openings of the living room, with more private bedrooms on the second floor.

GENEROUS SETBACK (LESS URBAN CONDITION) —
These ground-floor units are at-grade with the sidewalk, with low sill-height. In this case, generous landscape
setbacks (15ft) provide a sufficient privacy buffer from the street allowing residents to look out onto the public realm. floor elevation should be to maintain a sense of
privacy. See Table 6-2 for ground floor height
standards. However, this height is affected
by ground floor fenestration standards. See
Section 8-1 for more information.
49 | Chapter 9: Private Frontages
50 | City of Santa Clara Downtown Form-Base Code

9.4.F. VEHICULAR ACCESS
Vehicular Access frontages typically provide access to
parking garages or through a building to rear service areas or surface parking. Because of their utilitarian nature, their design is often neglected. However, they require particular care in their design as their sheer size and presence along the street wall can make them one of the most disruptive elements to the quality of the pedestrian environment.

Design Standards

1. For standards related to parking structure
facades, see Section 8.2.D.

2. Vehicular Access frontage on a street is only
allowed when no alley provides access to the
lot. The provision of alleys makes higher quality
frontages possible and are highly encouraged.

3. Vehicular entries shall be organized into openings
that are proportioned and detailed to look appear
similar to Shopfronts (Section 9.4.A). These
openings shall be organized into vertical bays in
coordination with the overall facade per Standard

8.2.A.2 .

4. Vehicular Access openings shall be no more
than 13 feet wide. Where adjacent openings are
necessary to provide entry and exit, they shall be
separated by a pier (a portion of wall) of at least 2
feet in width.

5. Vehicular Access frontage may comprise no more
than 40% of a building's required buildout (per
Table 5–1 in Section 5.3), and a single project may
have no more than 2 Vehicular Access openings
on any one street.

FIGURE 9-11 | VEHICULAR ACCESS: DESIRABLE DESIGNS
Vehicular Access
Shopfronts
Shop front s
VEHICULAR ACCESS can be organized into attractive, well-proportioned bays, just like shopfronts.

6. Gates which open to allow cars to enter (excluding
security doors that are shut when the garage is
not accessible) shall be inset from the facade by
a minimum of 20 feet, to allow cars to await entry
without blocking the sidewalk.

FIGURE 9–12 | VEHICULAR ACCESS
Design Standards MIN MAX
Width of Opening - 13’
Width of pier/wall between openings 2’ -
Percentage of building's required
frontage (C divided by D) - 40%
Gate inset into building 20’ -
A
B
E
C D
C
C
BAY
BAY
D
A A
B
51 | Chapter 9: Private Frontages
Design Guidelines

7. Entries should be at least 50 feet from the
corner of a block.

8. Gates or doors which secure vehicular entries
should be designed as attractive urban
elements, just like pedestrian entry doors.

9. Parking counters are recommended in all
parking garages with public access.

E
•• ' • •
52 | City of Santa Clara Downtown Form-Base Code
10 Architectural Projections
Location 1
Gallery Required
& Gallery Allowed
Overlays
Arcade Required
Overlay Main Street South Elsewhere in
Downtown
Projection beyond the facade
Type of Projection
Stoop Not Allowed Up to 2’ min. from ROW
or sidewalk
Porch Not Allowed 8’ min and up to 2’ min.
from ROW or sidewalk 2
Terrace Not Allowed
Dooryard Not Allowed 6’ min and up to 2’ min.
from ROW or sidewalk
Bay Window 3’ max.

Balcony 5' max. 3
Awning/Canopy 10' max.

Roof Eave/Cornice
Assembly 5' max.

Vertical Theater
Marquee See Section 11.3.H
Arcade Not Allowed 15' min; 20' ma x. Not Allowed Not Allowed Gallery 12' min; 15' max. Not Allowed Not Allowed 12' min; 15' max.

10.1. Intent
Certain Architectural Projections may be combined
with appropriate private frontage types—as regulated
in Chapter 9 —to form interesting, cohesive, and active ground-floor environments. These may project from the
facade—which is set within the build-to range per Chapter 5—into the front setback per the standards of Table 10-1.

10.2. Applicability
Table 10-1 identifies where these Architectural Projections are allowed and how much they may project. The General
Standards below ( Section 10.3 apply to all types, while Section 10.4 provides additional standards by type.

10.3. General Standards
Where utilized, these elements are subject to the following:

A. Materials, style, design, and associated landscaping and other features shall be consistent with the
building's architecture and neighborhood character.

B. Architectural projections of traditionally-styled
buildings shall have visible supports in the form of
projecting beams or braces/brackets.

C. An Architectural Projection shall be contained
within a single Massing Increment; it shall not
overlap the division between Massing Increments.

This is a requirement of all architectural elements
per Section 7.3.

Notes
1 See Figure 10-1 for locations of Overlays and Main St South. 2 As a result, a Porch or Terrace may only occur within setbacks of 10' or more. 3 For occupiable balconies, the clear depth of occupiable space, mea sured from the balcony doors to the inside of balcony railing shall be 4'–6" minimum. Balconies may project and/or be recessed into the facade to maintain this minimum depth. See Section 10.4.F for more.

TABLE 10-1 ARCHITECTURAL PROJECTIONS
53 | Chapter 10: Architectural Projections
Bay Windows
Theater Marquee
FIGURE 10-1 | ARCADE & GALLERY OVERLAYS (See Sections 10.4.H & I for more standards) Gallery Required. Galleries are required to line a minimum of 50% of the length of each block in the Gallery Required Overlay.

Gallery Allowed. Galleries are allowed to wrap the corners of blocks and extend onto North-South streets at these locations, provided that the building setback on the North-South street is adequate to allow the minimum required gallery projection dimension listed in Table 10-1.

Arcade Required. Arcades shall line Central Green and have a public access easement, allowing them to serve as a continuous covered sidewalk around Central Green.

Arcade Allowed. Arcades are permitted on buildings along Lafayette St to extend the sidewalk environment and create a welcoming edge to Downtown.

Galleries at Franklin Square. If Franklin Square is relocated to this block per Precise Plan Figure 3–2 , Galleries lining Franklin Square are optional.

Galleries near the Theater. Any Gallery lining block B shall stop at least 20' away from any Theatre Marquee.

LEGEND & STANDARDS
*
*
ACE
GI
BDFHJ
90' 90'
90'
*
*
Projecting Roof Eave
Main St
South
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54 | City of Santa Clara Downtown Form-Base Code

10.4.A. STOOP
A Stoop is a stairway and landing leading directly from the right of way to an elevated building entrance.
'HVLJQ6WDQGDUGV MIN MAX
Stoop width 4‘ 8‘
Stoop depth (not including stairs) 4‘ 8‘
Stoop floor height
3 1.5 4‘
Planter/fence height (including
height of vegetation) -3 ‘
Entry Recession depth 0.5' 6‘
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• The exterior stairway may be perpendicular or
parallel to the adjacent sidewalk. When parallel to
the sidewalk, landscape of 2 feet should be provided
between the side of stair and the sidewalk.
• Adjoining stoops should be limited to two entries. A
stoop may also provide access to a common entry.
• Gates are discouraged.

A
B
C
E
D

10.4. Standards &
Guidelines by Type
Most of the architectural projections types carry additional standards and guidelines. These are the Stoop, Porch,
Terrace, Dooryard, Balcony, Awning/Canopy, Arcade, and
Gallery, which are detailed here and on the following
pages. Standards for Vertical Theater Marquees and
other signs are including in the following chapter (see Chapter 11 ).

A
B
E
C D

10.4.B. PORCH
Porches are roofed, unenclosed rooms attached to the
exterior of a building that provide access and comfortable semi-private outdoor social spaces that help activate the public realm.
'HVLJQ6WDQGDUGV MIN MAX
Porch depth (excluding stairs)1 8' -
Porch width 10' -
Porch column height2 8.5' 12'
Floor height3 1.5' 4'
Between porch and front PL 2' -
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Porches may be used to provide access to multiple
front doors of ground-floor units.
• Porches may also wrap around building corners. This
is particularly appropriate on corner lots.

A
B
Notes
1 Between building facade and end of porch deck.
2 From porch floor to top of porch columns.
3 Measured from grade at right of way.

C
D
E
G
D

GGGGGGGGGGGGGGGGGGGGGGGGGGG

DDDDDDDDDDDDDDDDDDDDDDD
C
B
A
E

10.4.C. TERRACE
A Terrace is an enclosed area outside of an elevated
ground floor, usually enclosed by a low wall or fence.
'HVLJQ6WDQGDUGV MIN MAX
Depth, clear 8' -
Finish level above sidewalk - 4'
Length of terrace - 50'
Distance between stairways - 50'
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Door and window design should be appropriate for
street-fronting facades.

A
B
C

10.4.D. DOORYARD 10.4.E. BAY WINDOW
A Dooryard is an enclosed area outside of an at grade
first floor, usually enclosed by a low wall or fence.

A Bay Window functions like an enclosed balcony. An
alcove-like portion of an interior space projects out from the facade.
'HVLJQ6WDQGDUGV MIN MAX
Depth, clear 8' -
Finish level above sidewalk - 4'
Length of dooryard - 30'
Distance between entrances - 50'
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Door and window design should be appropriate for
street-fronting facades.
'HVLJQ6WDQGDUGV MIN MAX
Projection beyond facade - 3'
Width 4' 8'
Clear height above ground in
Shopfront and Retail-Ready
Overlays
14' -
Clear height above ground
elsewhere N/A -
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Bay windows shall not comprise more than 20% of a
facade's surface area.

A A
A
B B
B
C C
D
D
B
C
A
55 | Chapter 10: Architectural Projections
D
A B C
A B
C
••••
••• •• '
56 | City of Santa Clara Downtown Form-Base Code

10.4.F. BALCONY
A Balcony is a space projecting from an upper floor which is enclosed by a railing and accessible from a door or doors. An occu piable balcony provides usable outdoor space, while an unoccupiable balcony (or "Juliette" balcony) simply provides a railing so that doors on the facade can be opened, maki ng the interior room itself feel like a balcony space. 'HVLJQ6WDQGDUGV
Occupiable Balcony Juliette Balcony

MIN MAX MIN MAX
Clear depth of occupiable space, measured from the
balcony door(s) to inside of railing 4.5' - N/A N/A
Projection beyond facade - 5' - 1.5'
Width 4.5' 16 1 3' 10'
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Occupiable balconies shall either project (see upper left image), be recessed into the facade, or a combination of the two (see upper middle image) in order to maintain the clear depth of occupiable space. • Balconies shall be functional and not just decorative. Door(s) sh all give access to the balcony, the floor of the balcony shall align with the bottom of the balcony door, and balconies shall safely support the weight of its potential occupants. Faux (false) balconies, such as railings attached to the facade below windows, are prohibited. • Building tenant/homeowners association rules shall prohibit the use of balconies for storage. • Balconies may be located on facades facing streets, open spaces, and internal courts; balconies shall not be located on side and rear facades which overlook other private property.

Notes
1 Exception: Occupiable balconies that are completely recessed into the facade (they do not project beyond the facade) may be as wide as the Massing Increment in which they are located.

Occupiable balcony, partially projecting and recessedOccupiable balcony, projecting from the facade Juliette balcony with space for pots Juliette balcony
AA
BB B
CC C
C
A
B
C

10.4.G. AWNING/CANOPY
An Awning/Canopy is an overhang which extends from the facade to provide shade, protection from the rain, and character.
'HVLJQ6WDQGDUGV MIN MAX
Clear height from sidewalk to lowest element of roof overhang (not including support bracket) 9' -
Clear height from sidewalk to bottom of support bracket connection to wall 7' - Projection beyond facade - 10'
Length along facade - Massing
Increment1
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• The placement and structure of the awning shall correspond to the building's pattern of bays and ground floor openings.
• Awnings/canopies are only permitted on ground floors; they shall not be located on upper floors. • It is encouraged to echo the proportions, slope, and structure of the historic Santa Clara awnings, whether expressed in a traditional or modern way (see image to the right).

A
B
C
D
Awnings/canopies of historic Downtown Santa Clara
Awnings/canopies can also have a modern expression.

A
B
C
D
Notes
1S e e Chapter 7 for more on massing increments.
57 | Chapter 10: Architectural Projections
58 | City of Santa Clara Downtown Form-Base Code
Covered sidewalks are a part of the history of California as well as Santa Clara, which had sidewalks sheltered
by deep shade structures going back as far as the 1880s.

Returning galleries , (porch-like structures attached to the building facade) back to Santa Clara's streetscape
would not only make the retail experience on Franklin
Street more pleasant and welcoming, but would be a
way to include Santa Clara's heritage in everyday life.

Arcades (extensions of upper floors over the sidewalk and held up by vertical supports) are another way to provide protection from the elements.

In order to create a comfortable experience for shoppers, especially during the heat of the summer or in rain,
arcades and galleries are required/allowed per Figure
10-1 , and shall follow the standards in Sections 10.4.H & I.

ARCADES & GALLERIES: INTRODUCTION
Gallery in Downtown Santa Clara, 1880.

Arcades around the Central Square in Seaside, Florida.

Arcade in San Francisco.

Gallery in Old Town Sacramento
59 | Chapter 10: Architectural Projections

10.4.H. ARCADE
Arcades are extensions of upper floors over t he front ground floor setback area, supported by vertical supports. Arcades provide shade, glare control, and weather protection. 'HVLJQ6WDQGDUGV MIN MAX
Projection beyond the facade1 15' 20'
Clear dimension from facade to inside of column 12' -
Column/support width in any direction
Maximum of 3' or 1/5th the
distance between columns,
whichever is less.

Clear width of opening between columns 8' 18'
2 Clear height of opening 12' 3 25'
Overall height - 4 stories 4
Length along facade - Massing
Increment5
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• The ground level walkway space within an arcade may span one or two floors. • The openings of the Arcade shall correlate to the bays of the facade. • Vertical supports may be piers, columns, or arches; all arches within the same Massing Increment shall be equal.
• Hanging light fixtures and hanging signs are allowed within the space of the Arcade as long as a minimum height clearance of 9 feet is maintained. • Objects such as dining tables and chairs, sidewalk signs, and merchandising racks are allowed within the space of the Arcade, subject to Section 9.3.C.

A
B
C
D
E
F
G
B
C
A
Notes
1 Along Central Green: the face of the Arcade shall be set at the edge of the required dimension of the Central Green as mapped in Precise Plan Figure 3-2 (see Chapter 4 of this Code); therefore, the Arcade projection dimension shall match the building setback (see Table 5-2).

Along Lafayette St: the face of any Arcade shall be set 6 feet from the property line; therefore, the Arcade projection dimension shall be 6 feet less than the building setback (see Table 5-2). 2 Column spacing shall be less than or equal to the clear height of the opening. 3 The clear height excludes decorative brackets, spandrels, and/or lower portions of arches. 4 Along Central Green: only floors 2, 3, and 4 may extend over the arcade. Any floor above the 4th floor shall be set back at least 15' from the Central Green (at least as far back as the ground floor facade).

Along Lafayette St: all allowed upper floors may extend over the arcade. 5 Arcades shall line the entire perimeter of the Central Green. However, if there is a change in building or Massing Increment, the Arcade should change accordingly to match the design of its building/ increment. See Chapter 7 for more on Massing Increments.

See Precise Plan Chapter 3
for the design vision for Central
Green and the Lafayette St section
E
F
G
•••••••
60 | City of Santa Clara Downtown Form-Base Code

10.4.I. GALLERY
Galleries are appendages to building facades that extend over the front ground floor setback area, providing shade for pedestrians and often providing terrace space above. 'HVLJQ6WDQGDUGV MIN MAX
Projection beyond the facade 12' 15'
Column width in any direction 4" 1'
Column spacing (on center) 8' 1 18' 2
Clear height of opening 12' 25'
Overall height from sidewalk to eave - 30'
Length along facade - Massing
Increment3
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Galleries may be single or double-story and shall correlate with building floors. • The openings of the gallery shall correlate in a logical way to the bays of the facade. • It is encouraged to echo the proport ions and function of the historic Santa Clara Galleries, whether expressed in a traditional or modern way. • In California, most historic galleries are modest shed roof structures supported by wood piers. New galleries can present a similar aesthetic by using thinner structural members, including heavy timber or composite wood columns (often 6"x6" or 8"x8") or steel I-beam or tubular columns.
• Fiberglass or plaster piers/columns are prohibited in galleries. • Unless the attached building is a neoclassical design, column designs from the classical orders are inappropriate for use on galleries and are prohibited for this context.
• Hanging light fixtures and hanging signs are allo wed within the space of the gallery as long as a minimum height clearance of 9 feet is maintained. • Objects such as dining tables and chairs, sidewalk signs, and merchandising racks are allowed within the space of the Gallery, subject to Section 9.3.C.

A
B
C
D
E
F
D
E
Notes
1 Coupled columns that are located within 3 feet of each other are exempt from the minimum spacing requirement.
2 Column spacing should typically be less than or equal to the clear height of the opening. Column spacing shall never exceed 1.4 times the height of the opening. 3 A gallery should typically span most/all of a Massing Increment. See Chapter 7 for more on massing increments.

A
B
C
F
Signs and sales racks must not impede pedestrians.Historic galleries use slender posts.

Galleries could be combined with parklets, awnings,
and canopies.

Galleries may be up to 2 stories in height and may
have balconies above.
61 | Chapter 10: Architectural Projections
10' typ. sidewalk
adjacent to Gallery
per Precise Plan
••••••
62 | City of Santa Clara Downtown Form-Base Code
11 Signage Design
Type $OORZDQFH 6HFWLRQ5HIHUHQFH
:DOO P 11.3.A
:LQGRZ P 11.3.B
%ODGH P 11.3.C
9HUWLFDO3URMHFWLQJ P 11.3.D
)URQW<DUG P 11.3.E
$ZQLQJ P 11.3.F
6LGHZDON P 11.3.G
9HUWLFDO7KHDWHU0DUTXHH HLC & PC 11.3.H
5RRI HLC & PC 11.3.I
0XUDO HLC & PC 11.3.J
LEGEND
P Permitted by right
HLC & PC Historical and Landmarks Commission and Planning Commission.

The sign goes to the HLC for a recommendation to the Director for the development review hearing with noticing for 1,000 feet.

TABLE 11-1 SIGN TYPES

11.1. Intent and Applicability
This section further accomplishes the intent described in Section 10.1. The standards and guidelines of this section apply to all new buildings within the plan area. Each new sign, new building, or facade renovation is subject to the standards of this section. Except where in conflict with the provisions of this section, Santa Clara City Code Chapter 18.80 shall apply, excepting Section 18.80.040, 18.80.050, and

18.80.060. All signs require a sign permit per Section 18.80.230. Any sign type that is not listed and permitted by right in this section may only be approved by the Planning Commission. Public signs are exempt from this section. Table 11-1 lists the signs types, whether each is permitted by right or by the Planning Commission. All types are subject to their corresponding standards, whose section references are listed in the table.

11.2. General Standards
A. Signs shall not obscure building entrances, cornices, columns, or other prominent architectural elements.

B. Allowed sign types may be combined unless stated otherwise.

C. Sign lighting shall be designed to minimize light and glare on surrounding rights- of way and properties.

D. Directory signs are small wall signs located at pedestrian eye level and intended to identify multiple tenants within a building or complex. The following standards apply to these signs:

1. Directory signs shall not exceed 6 square feet.

2. Directory signs shall only be externally illuminated. Internal illumination and neon lighting is prohibited for directory signs.

E. Tenant signs shall be externally illuminated or neon. Traditional neon lighting is preferred over LED neon lighting.

11.3. Standards & Guidelines by Type
Standards for each sign type can be found on the following pages of this section.

Wall-mounted Projecting Signs
Sidewalk Signs
Projecting Sign mounted on a shopfront's canopy
Neon Wall Sign
63 | Chapter 11: Signage Design
64 | City of Santa Clara Downtown Form-Base Code
A sign painted or applied directly to the shopfront windows and/or doors. Window signs also include posters for
advertisements and sales, product merchandise posters,
open/closed signs, and painted or etched business names and logos.

B
A
C
6WDQGDUGV Min Max
Height (% of window/door height) - 40%
Width (% of window/door width) - 40%
Area (% of window/door area) - 16%
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Permanent window signs shall be individually painted, etched or otherwise applied letters or logo graphics
surrounded by clear glass.
• If no awning is provided, secondary window signs are
allowed, which may span the width of the window,
shall be located at the top of the window, and shall
be limited to one foot in height.
• Signs within 2 feet of a window are subject to the
same size standards as window signs. All other
interior signs shall be set back at least 2 feet.

A
B
C
A sign that is applied directly to or projecting out and parallel to the facade. This type of sign is intended for viewing from across the street and along the sidewalk.

B
C
6WDQGDUGV Min Max
Height 10" 30"
Width (as % of facade width) - 60%
Clearance from openings 24" -
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• A minimum of one wall sign may be approved per
business per street- or open-space-facing facade.

In multi-tenant buildings, only the businesses with
frontage on the sidewalk shall have a wall sign.
• Wall signs shall be located above the shopfront and
at least 12 inches from any eave or edge of building
above.
• Sign thickness (as measured from the wall) shall not
exceed four inches.
• Cabinet signs are prohibited.
• Channel lettering is permitted, provided that the
letters are either back-lit or externally illuminated;
internally-illuminated channel letters are prohibited.
• Lettering on background panel may be up to 24
inches tall. If a background panel is not included,
letter height may be up to 30 inches tall.

A
B
C
A

11.3.A. WALL 11.3.B. WINDOW
A double-sided sign perpendicular to the building facade from a mounted wall brace or from a ceiling. Blade signs typically project over a sidewalk and are intended for viewing by approaching pedestrians.
6WDQGDUGV Min Max
Sign height - 36"
Average outer distance from facade - 4'
Vertical clearance from sidewalk 8’ 12’
Area (sign only; per side) - 6 sf
Sign thickness - 4"
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• A maximum of one blade sign shall be allowed for
every shopfront entrance on the facade.
• The top of a blade sign shall be located below the
building’s second floor windows.
• Signs shall be externally illuminated by a light
mounted on the facade or by neon tubing used to
illuminate letters, symbols, and accent frames.

A
B
C
A
C
A painted, reverse-channel, or individual-lettered sign applied directly to or projecting out and parallel to the facade. This type of sign is intended for viewing from across the street and along the sidewalk. Internally-illuminated cabinet signs are prohibited.
6WDQGDUGV Min Max
Sigh height - 8'
Average outer distance from facade - 4'
Area (sign only; per side) - 16'
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Projecting signs shall be permitted to extend above
the parapet or roof of the structure to which it is
attached.
• A maximum of one projecting sign is allowed for every shopfront entrance on the facade.
• Signs shall be externally illuminated by a light
mounted on the facade or by neon tubing used to
illuminate letters, symbols, and accent frames.

A
B
C
A
BB

11.3.C. BLADE 11.3.D. VERTICAL PROJECTING
65 | Chapter 11: Signage Design
66 | City of Santa Clara Downtown Form-Base Code
A front yard sign is intended for businesses in buildings that are wholly or partially set back from the public right of way. The target viewer is the passing pedestrian or bicyclist.

Front yard signs may be freestanding or integrated into the design of a fence or dooryard wall.
6WDQGDUGV Min Max
Sign width - 30"
Sign height - 30"
Overall height - 5'
Horizontal clearance from sidewalk 2' -
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Signs shall not encroach into the public right of way. • Exterior illumination shall be permitted, provided that it is from a single bulb, shielded, and warm in tone.

B
C
A
D
A
B
C
D

11.3.E. FRONT YARD SIGN
A sign painted directly onto, or projecting from any sort of awning or canopy.
6WDQGDUGV Min Max
Letter height 10" 30"
Width (as % of the width of the
shopfront facade that corresponds to
the sign)
-6 0 %
Area (as % of each surface) - 25%
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• If no awning is provided, secondary window signs are
allowed, which may span the width of the window,
shall be located at the top of the window, and shall
be limited to one foot in height.
• See Chapter 10 (Architectural Projections) for
standards related to awnings and canopies.

A
B
B
A

11.3.F. AWNING
A
B
A two-sided, non-illuminated, portable and temporary sign placed outside a shopfront on the sidewalk for viewing at close range.
6WDQGDUGV Min Max
Height (overall) 18” 36”
Width 18” 30”
Horizontal clearance from curb 18” -
Clear pathway 6’ -
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• Signs shall not contain posters, flyers, balloons,
pennants or flags attached to the sign.
• There shall be no projections other than raised carved letters, which should extend no more than ½ inch
from the sign face.
• Maximum of one sidewalk sign per business.
• Signs shall only be displayed during hours of
operation.
• Signs shall not be affixed to any wall or mounted
on wheels.
• “Reader board” signs with removable slide-in letters
are prohibited.
• Signs shall be constructed of wood, plastic, or metal with professionally-applied lettering or images,
provided that handwritten menu boards or "specials
of the day" for restaurants shall be allowed.

A
B

11.3.G. SIDEWALK 11.3.H. VERTICAL THEATER MARQUEE
B
A
C
6WDQGDUGV Min Max
Height, as measured from the
bottom of the sign -5 0 '
Average outer distance from facade - 10'
Vertical clearance from sidewalk 10' -
Area (sign only; per side) 200 SF
$GGLWLRQDO6WDQGDUGV *XLGHOLQHV
• A maximum of one marquee sign is allowed for any
building.

A sign, usually over a theater or arena, that displays the name of the venue, featured attractions, and principal performers.

B
C
A
67 | Chapter 11: Signage Design
•• •
68 | City of Santa Clara Downtown Form-Base Code
Roof Signs are large signs erected upon, against, or directly abov e a roof or above the parapet of a building. Roof signs are intended to emphasize a civic or quasi-civic destination and/or to bolster the identity of the area itself. They are intended to be viewable from a long distance from key vantage point s.

Standards Max.

Overall height above roof 30'
Overall width 50'
Cumulative surface area of graphic(s) accompanying the lettering 100 sq. ft.

Required Findings
Approval of a Roof Sign is subject to the following
Required Findings:
a. There is no other Roof Sign on the same block.
b. Roof Sign does not block the view of any other
approved or built roof sign or monument which
terminates a vista.
c. Roof Sign design theme, materials and
aesthetic complement and enhance the
character and skyline of Downtown Santa
Clara.
d. Roof Sign design is unique and iconic, using
high-quality, element-resistant materials and
construction methods.
e. Roof Sign design and materials are
architecturally and thematically
complementary of the activity center it is
serving.

A
B
C

11.3.I. ROOF SIGN
Additional Standards & Guidelines
a. Roof signs shall be comprised only of letters and small a ccompanying graphics, as showing in the precedents above. b. No more than 3 Roof Signs shall be permitted in Downtown. c. Roof Signs shall only promote uses which serve as a common destination to a wide range of people. This includes theaters, food halls/markets, hotel s, and the Downtown itself. Roof Signs shall not be used to promote housing, offices, or individual non-civic private businesses, such as individual shops and restaurants. d. If illuminated, Roof Signs may only be lit by: 1) neon lighting; 2) external illumination with light sources shielded from view; or 3) halo illumination (projecting light behind an opaque letter or emblem which results in the appearance of a ring of light around the letter/emblem).
e. Electronic readerboards shall be prohibited on Roof Signs. f. Roof Signs shall be set back from the facade a minimum of 5 feet to not appear as an upward extension of the facade. They may be angled as necessary to be seen from key vistas. g. Roof Signs should terminate long vistas, so that they can be seen as one looks toward and approaches Downtown.

A
C
B
A conditional type of art wall that may incorporate signage, useful for the branding and identification of key activity nodes/ centers. Additionally, this sign type is intended to uniquely emphasize, support and enhance the regional identity and character of Downtown, consistent with the overall aesthetic f or Santa Clara. Design themes that reflect the history of the Bay area are encouraged.

Standards
Overall Height The location and
dimensions are
context-sensitive and
thus shall be identified
and approved with a
Planning Entitlement.

Overall Width
Overall Sign Area
Required Findings
Approval of a Mural sign is subject to the following Required Findings:
a. Mural Sign design theme, materials and aesthetic
complement and enhance the intended unified
streetscape aesthetic of Downtown Santa Clara, as
defined by this Specific Plan.
b. Mural Sign design is unique and iconic, using durable, element-resistant, non-toxic materials and techniques.
c. Mural Sign design and materials are architecturally
and thematically complementary of the activity center
it is serving.
d. Referral to Cultural Commission for a recommendation to the Development Review Hearing.

B
A
B
A

11.3.J. MURAL SIGN
Additional Standards & Guidelines
a. Mural sign shall be allowed to spread across multiple walls.
b. Commercial mural signs are permitted but are limited to on-site signs. Off-site mural signs are prohibited.
69 | Chapter 11: Signage Design
•••
70 | City of Santa Clara Downtown Form-Base Code
12 Building Use & Parking

12.1. Building Use
Legend
CUP: Conditional Use Permit ( SCCC § 18.110 )
8VH Shopfront Overlay1 Retail-Ready1 Downtown General
Automobile service Not permitted Not permitted Not permitted Automobile dealership Permitted only as a small-format showroom within a Shopfront Assisted living / memory care Not permitted Not permitted Not permitted Corporate cafeteria, as
DFFHVVRU\WRRɝFHXVH Not permitted Not permitted Not permitted Data center Not permitted Not permitted Not permitted
Drive-through facility Not permitted Not permitted Not permitted Dwelling unit Permitted on upper floors;
not permitted on ground floor
Permitted on upper floors;
not permitted on ground floor Permitted
Heavy industrial/manufacturing Not permitted Not permitted Not permitted Laboratory CUP required on upper floors;
not permitted on ground floor
CUP required on upper floors;
not permitted on ground floor CUP required
Liquor store CUP required CUP required CUP required
2ɝFH Permitted on upper floors;
CUP required for ground floor
1 Permitted1 Permitted
Lobby Permitted on upper floors;
not permitted on ground floor
2 Permitted on upper floors;
not permitted on ground floor
2 Permitted
Place of assembly CUP required CUP Required CUP Required Private building amenities
DQGOHDVLQJRɝFHV
Permitted on upper floors;
not permitted on ground floor
Permitted on upper floors;
not permitted on ground floor Permitted
Service Areas Permitted on upper floors;
not permitted within 30 feet of facade on ground floors Permitted 6SHFLȴHGȊUHJXODWHG
businesses” (per SCCC § 18.70) CUP required CUP required CUP required Storage/warehouse Not permitted Not permitted Not permitted Surface parking Not permitted
3 Not permitted3 Not permitted4
Thrift shop (not including
buy-sell-trade stores) CUP required CUP required CUP required Vehicle fueling facility Not permitted anywhere in
zone
Not permitted anywhere in
zone
Not permitted anywhere
in zone
Table 12-1 Notes
1 All ground-floor office uses in the Shopfront or Retail-Ready Overlay shall be designed with Shopfront frontages (See Table 9-1 and Section 9.4.A).
2 Exception: If a project has no frontage in the Downtown General Overlay, a Lobby of 20' maximum width and designed as a Shopfront is permitted in the first of the following options where the project has frontage: Option 1) in the Retail-Ready Overlay on any street other than Franklin St; Option 2) in the Shopfront Overlay on any street other than Franklin St; Option 3) in the Retail-Ready Overlay on Franklin St; or Option 4, last resort) in the Shopfront Overlay on Franklin St. (Example: Option 1 shall be chosen over Option 2 if a project has frontage in both locations.) TABLE 12-1 | SPECIFIC BUILDING USE PROVISIONS
A. Introduction
This section includes provisions for building use and
parking for all properties within the Plan area. Uses not listed in Table 12-1 Specific Building Use Provisions shall be allowed by right unless prohibited everywhere in the City by the Santa Clara City Code. All uses are subject to all applicable development standards, State law, and any other applicable requirements that are beyond the
scope of this Chapter.

Any use that is not specifically prohibited within in this section, but is deemed by the Director of Community
Development to be of such a nature as to be detrimental to neighboring properties by reason of emission of odor, excessive noise, or any other factor that is adverse to their comfort, peace, enjoy ment, health, or safety, shall also be prohibited. All procedural requirements of SCCC § 18.110 shall apply.

Parking requirements associated with building uses, as
well as standards for how that parking may be provided, are established in Section 12.3 .

12.2. 6SHFLȴHG8VH'HȴQLWLRQV
Each use listed in Table 12-1: Specific Building Use Provisions is defined below. In cases of uncertainty, the Director shall have the authority to make a det ermination.

Heavy industrial/manufacturing. An
establishment that includes labor-intensive
manufacturing, assembly, fabrication, or
repair processes that produces odors,
noise, vibration, has large industrial
vehicles visiting more than once per day,
hazardous waste materials, or particulates
that may negatively affect other uses on
the same site or neighboring properties.

Uses permitted in MP (Planned Industrial)
zoning districts, per SCCC § 18.46.030,
with the exception of laboratories, are not
included in this category.

Laboratory. A space, room or building
equipped for scientific experiments,
research, or teaching, or for the
manufacture of drugs or chemicals.

Liquor Store. A retail establishment which
has 25% or more of the shelving devoted
to the public display and sale of alcoholic
beverages for off-site consumption.

Lobby. An entry hall accessed by a
common entrance shared by building
tenants.

Place of Assembly. Facility for public or
private assembly and meetings, including
civic and private auditoriums, banquet
halls, community centers, conference
and convention facilities; meeting halls
for clubs, religious institutions (i.e., church,
temple, synagogue, and mosque), and
other membership organizations.

Private building amenities and leasing
offices. Spaces shared by the tenants/
inhabitants of a building but closed to the
public and offices dedicated to leasing and
sales for the building.

Office. A building or portion thereof used
as a place for commercial, professional, or
bureaucratic work that does not depend
on regular on-site visits from customers.

Service Areas. Spaces devoted to
supportive (i.e. back-of-house) functions,
such as utility equipment rooms, trash and
recycling rooms, pump rooms, electrical
rooms, etc.

Specified regulated businesses. Uses
including adult book stores, adult cabarets,
adult motion picture theaters, nude
encounter studios, nude photography
studios, and other uses, as specified in
SCCC 18.70.090.

Automobile service. An establishment for
which the primary purpose is the on-site
repair, cleaning, detailing, dismantling, or
similar work on cars.

Automobile dealership. An establishment
which sells automobiles. A small-format
showroom is similar to a typical retail
establishment with Shopfront frontage.

Assisted living / memory care.

Specialized housing accommodations for
those requiring permanent on-site medical
care.

Corporate cafeteria, as accessory to
office use. A cafeteria that is closed to the
public but provides meals to employees of
a particular company.

Data Center. A facility for housing
computing and data storage systems and
equipment.

Drive-through facility. An establishment
where customers are regularly attended
while remaining seated within an
automobile.

Dwelling unit. Any building or portion
thereof that is used as an independent
living facility for one or more persons.
71 | Chapter 12: Building Use & Parking
3 Exceptions: Parking spaces along an alley, with no additional aisles for the purposes of accessing parking, are permitted. Also, interim on-site surface parking is permitted with a Conditional Use Permit, provided that it serves a phased development strategy.

Storage/warehouse. A facility for the
storage of furniture, household goods, or
other commercial goods of any nature.

Thrift shop. Any individual personal
partnership, firm or corporation whose
business includes buying, selling, trading,
taking in pawn, accepting for sale on
consignment, or accepting for auctioning,
secondhand tangible property. Buy-sell-
trade stores—stores at which items are
bought and sold outright (rather than used
as collateral for loans)—are exempt from
this category and are permitted by right.

Vehicle fueling facility. A gas station—
does not include electric vehicle charging
stations.
72 | City of Santa Clara Downtown Form-Base Code 73 | Chapter 12: Building Use & Parking

12.3. CUP Conditions of Approval
Those seeking a Conditional Use Permit (CUP) must go to Planning Commission for determination and approval. In addition to the requirements listed in Santa Clara City Code, any use seeking a CUP is subject to the following required findings:

A. The use shall not be noxious or a nuisance, including the disturbance of neighboring uses or uses in other portions of the building.

B. The use shall contribute to, and in no way impede, the use of the adjacent public realm as a walkable, active mixed use environment throughout the day for a diversity of people.

C. The use shall meet all other standards of this Form-Based Code, as applicable.

For example, if a Place of Assembly is approved, it shall not present blank walls to a street or open space (see Chapter 10, Facade Design ).

D. The physical building and space shall be designed to be flexible and adaptable; it should facilitate the possibility that it be filled with a by-right use in the future.

12.4. Parking Requirements
A. Introduction. For new development Downtown, transportation demand management (TDM) strategies and parking strategies are intended to implement a pedestrian-oriented district that is accessible by all modes of travel and not dominated by wide roadways and traffic. Auto-oriented environments are typically characterized by large and exposed surface parking areas. It is the intent of the Precise Plan and this Form-Based Code to both minimize the aesthetic damage of existing and new parking areas through occupiable building lining, and to facilitate the rationalization of parking areas to better levels of efficiency to support existing and new development.

B. Applicability

1. The standards within this section shall apply to all residential and non- residential development and/or redevelopment within the Precise Plan boundaries.

2. Compliance with these standards is not required in the following instances a. a change of use within an existing building; or
b. an expansion of an existing building; or
c. a replacement of an existing building that does not result in an increase in floor area by more than 25 percent.

C. Required Number of Vehicular Parking Spaces. In the Downtown Precise Plan Area, parking requirements shall be as summarized in Table 12-2, except for any reductions allowed per this Section. These requirements reflect a strong transit orientation for downtown.

D. Shared Parking. Parking shared among uses is encouraged, and up to twenty percent (20%) of parking spaces provided may be shared between two uses.

For the purposes of this title, those parking spaces shared between two uses count towards the parking requirement of both. Shared parking is justified when reduced parking reflect different uses have different time-of-day parking demand profiles, based on evaluation by a qualified transportation planner and the City.

E. Unbundled Parking. A maximum of one parking space shall be rented or sold with each unit. Additional par king spaces shall be rented or sold separately. As an alternative to renting or selling parking spaces separately from residential units, property managers may implement a parking preference program, with prospective renters without cars put on a separate waiting list from renters with cars, and renters being chosen alternately from the two lists. Require employers who provide free employee parking to offer a cash payment in lieu of the parking benefit.

F. Off-Site and On-Street Parking. Required parking may be provided off-site but within the Downtown Zone. Directly adjacent on-street parking may count toward parking requirements for commercial uses.

G. Required Electric Vehicle Charging Spaces (EVCS). All new development shall conform to the City of Santa Clara building electrification Reach Codes regarding EVCS (see Ordinance No. 2056 ), the Green Building Standards Code ( SCCC Chapter 15.38 ), and/or any current City standard at the time of application. New residential development shall provide for EVCS and EV Ready Spaces in the quantities identified in SCCC Section 15.38.040 for residential uses and SCCC Section 15.38.050 for non-residential uses.

TABLE 12-2 | REQUIRED PARKING
8VH Minimum Vehicular Parking Required
Office, civic, cultural and conference
uses 1 space per 500 sq. ft. of building area
Grocery stores 1 space per 500 sq. ft. of building area All other commercial uses, including
restaurants and bars 1 space per 1,000 sq. ft. of building area Hotels 0.5 spaces per room
Residential units
1 space per unit for units greater than or equal
to 550 sq. ft.;

0.5 spaces per unit for units less than 550 sq. ft.;
1 space per 20 units for guest parking
Residential units for seniors, with
on-site staff 1 space per employee plus 0.1 spaces per unit H. Transportation Demand Management.

1. New development should provide secure indoor bicycle parking consistent with Zoning Code requirements.

2. New development should contribute to Transportation Demand Management (TDM), in order to promote transit and walkability in Downtown. Such TDM measures include:
a. Transit Passes for Residential Uses – when residential developers commit to provide a monthly transit pass benefit to each residential unit; b. Transit Passes for Commercial Uses – when commercial developers commit to a monthly transit pass benefit, paired with a “guaranteed ride home” benefit for when employees have family or medical emergencies; c. Bike Commuter Facilities – when commercial projects make locker room(s) with shower(s) available to employees;
d. Carsharing Spaces – when developers of large projects dedicate one or more on-site parking spaces to a carsharing operator for carsharing by residents and/or employees, with further reduction when on-site carsharing is available to the public; and/or
e. Vanpool Spaces – when larger commercial projects reserve one or more parking spaces for an established employer-run vanpool program. 74 | City of Santa Clara Downtown Form-Base Code

12.5. Parking Design Standards
A. Standards. Except where in conflict with the provisions of this chapter, parking facilities shall be designed and built to the standards of SCCC § 18.74.040 through SCCC § 18.74.050. The following standards also apply:

1. Driveways.
a. One-way driveways shall not exceed a width of 10 feet; two-way driveways shall not exceed a width of 20 feet.
b. Curb cut flares shall collectively not exceed the width of the driveway by more than 20%. c. All driveways shall be perpendicular to the street.
d. Driveways shall not affect the slope or direction of the sidewalk.

2. Structured parking
a. Where adjacent to any street, structured parking shall be behind a depth of at least 30 feet of occupiable space on the ground floor, except as provided for in §12.4.A.2.c (below). The lining shall be designed per the Standards in Figure 12-1.
b. Fully-subterranean garages may extend to all lot lines. Semi-subterranean garages may extend to building faces, provided that the ground floor is not more than 4 feet above sidewalk grade. See Figure 12-2.
c. Parking structures may be unlined in specific locations. Figure 12-3 regulates "Allowable Garage Facade Street Exposure", which varies by street and by ground and upper levels. d. Guidelines for efficient and effective parking structures include:
i. A 255 ft minimum length allows one bay to slope, rising 10 ft, with the opposite bay having a level floor. The level floor improves visibility and allows for a street-facing facade to be level. ii. A 122 ft minimum width provides for 2-bays with 2-way traffic and perpendicular parking. iii. In the case of a garage in Block B adjacent to the existing office building: 6 levels of parking would make the garage rooftop the same height as the adjacent 7-story office building, potentially creating public rooftop space for both structures (with a connecting bridge). iv. Glass-backed elevators and glass enclosed stairways enhance security. v. Ground floor commercial space in parking garages is encouraged. vi. Garage rooftops can include vegetation and/or solar collectors.

3. Private garages:
a. Front-loaded garages are not permitted. On-site parking shall be accessed from alleys or from drives where permitted per Section 5.3.C.

Street
Property Line Building Frontage Line
Min Depth - 30'
Ground Story Liner Parking
FIGURE 12-1 | LINED STRUCTURED PARKING
Street
Property Line Building Frontage
Line
FIGURE 12-2 | SUBTERRANEAN PARKING
Upper Story Liner
FIGURE 12-3 | ALLOWABLE GARAGE FACADE STREET EXPOSURE
All Stories: Parking garage may be exposed (unlined) on all stories of the facade Upper Stories Only : Parking garage may be exposed (unlined) on upper stories of the facade only (not on the ground floor) LEGEND
75 | Chapter 12: Building Use & Parking
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76 | City of Santa Clara Downtown Form-Base Code
13 Site Standards & Guidelines

13.1. Introduction
A. Intent
The following site standards and guidelines are intended to inform the design and location of elements of the site for the pur pose of the health, safety, and general welfare of the immediate occupants of each building, and for the neighborhood.

B. Applicability
The following standards apply to all new development, or whenever below-mentioned features are introduced to an existing development. Where any deviations are granted— per Section 1.7—the obvious intent of each standard shall still be met.

13.2. 6SHFLȴFWR:DVWHDQG8WLOLW\3ODFHPHQW
A. Utility Access and Equipment

1. Utility access and equipment such as back-flow preventers, transformer boxes, telecommunications pedestals, gas and elec tric meters, and other utilities shall be placed either: within or adjacent to alleys and be accessed from the alley; in underground vaults; or in utility rooms/closets within buildings—subject to the requirements and approval of the associated utility company. If such locations are infeasible, these services shall be in inconspicuous locations along the sides or rears of project sites and shall be thoroughly screened from public view. Such utility equipment shall not be located above grade in the street, sidewalk, sidewalk planters/planting strip, or within the front building setback area.

B. Mechanical Access & Equipment

1. All mechanical and electrical equipment – including, but not limited to, air- conditioning units, antennas, garage door motors – whether roof-mounted, ground-mounted or otherwise, shall be screened from public view or located so as not to be visible from streets or open spaces. Such equipment and related screening should be designed with materials and colors that conform to and are an integral part of the design of the building.
a. Mechanical equipment that generates noise, smoke or odors, shall not be located on or within 10 feet of a public right of way or any on-site common open spaces.
b. Noise and odor-generating equipment and containers should be located in areas that will not create a nuisance to adjacent properties. Such bins should be covered when possible. Openings to a trash enclosure should be shielded from public rights of way.

C. Telecommunication Devices

1. Telecommunication devices (such as satellite dishes or other equipment) should be screened from public view or located so as not to be visible from streets. Applicants are encouraged to work with satellite providers to locate satellite dishes out of view on building roofs and/or on rear yard or side yard facing facades, especially along alleys, if adequate signal strength and quality can be achieved. In multi-family and multi-tenant buildings, conduits should be provided from such a location to each unit or designed into the building structure.

D. Wet Utilities

1. Wet utilities should typically be located in the street, but may be located in the alley to address topographical, efficiency or other engineering reasons. If “wet” and “dry” utilities are co-located in the alley, proper trench separation and utility access must be ensured. On lots with no alley, all “wet” utilities should be located in the street or public right-of-way. Utility meters and entrances should also be provided below-grade in the street or sidewalk and should be flush with the surrounding grade.

E. Service Entrances & Waste/Recycling Disposal Areas

1. Service entrances, waste/recycling disposal areas, and other similar service areas should be located adjacent to the alley and take their access from it. On lots with no alley, these areas should be located as far away as possible from— and screened from views from—the public right of way.

2. Waste/recycling disposal shall not be staged on the street. Waste and recycling shall be retrieved via push/pull or interior to the building.

Example of an
appropriately placed
double standpipe
connection in the
base of a building at
the sidewalk.

Example of
inappropriately placed
check valves and
other utility devices
in the front yard of a
commercial building.

Example of
inappropriately
placed ground-level
utilities in a parkway.

Example of
inappropriately placed
utility boxes in a
parkway.

Wherever possible,
mechanical/utilities
equipment should be
placed in alleys. In
this example, they are
further shielded by
architectural elements
and a hedge.

FIGURE 13-1 | APPROPRIATE PLACEMENT FIGURE 13-2 | INAPPROPRIATE PLACEMENT Example of
mechanical
equipment well-
screened by an
architectural element
incorporated into
the building's
composition.

AVOID AVOID AVOID
77 | Chapter 13: Site Standards & Guidelines
78 | City of Santa Clara Downtown Form-Base Code

13.3. 6SHFLȴFWR6LWH:DOOV
A. Fence and Wall Heights

1. Fence and wall heights shall be measured from the grade directly below. In cases where the grade differs on either side of the fence or wall, the lower measuring point shall be the average between the grades of the sides. Fences and walls (including retaining walls) must be set back at least 24 inches from the sidewalk.

B. Entrance Arbors

1. Entrance arbors up to 9 feet in height and 5 feet in width may be permitted.

C. General to Frontages

1. Fence and wall posts within the front set back shall be limited to 3.5 feet in height.

2. Retaining walls may not have more than 3 feet of difference between the grade on either side. Fences or walls up to 3.5 feet in height may be erected above retaining walls provided that:
a. Any fence or wall more than 3.5 feet as measured from the sidewalk is at least 50% open.
b. At no point does the fence intrude into the line of visibility between the landing of the entrance(s) of the primary building(s) and the sidewalk. This shall be measured from point that are 5 feet above said landing(s) and 5 feet above the sidewalk.

Landscaped
retaining wall
and fence. Entrance arbor.

Landscaped
fencing set back
from sidewalk
Cafe rearyard
with a wood
fence.

D. Specific to Corner Lots

1. On corner lots, fences and walls may reach 6 feet in height to enclose the private rear yard from the side street, but must be set back at least as far back as the building face of the primary building. Fences and walls may reach 8 feet in height, provided that any portion of the fence or wall that is more than 6 feet in height is at least 50% open.

E. Specific to Interior Side Yards and Rear Yards

1. Fences and walls may reach 6 feet in height and flush with the facade of the primary building. Interior side and rear fences and walls may reach 8 feet in height, provided that any portion of the fence or wall that is more than 6 feet in height is at least 50% open.

2. Any rear fence or wall along any alley shall be so constructed as to provide a space in the rear yard that is sufficient in length, depth, and height to house trash bins off of the alley. If another area within the rear yard meets this requirement, it shall not be necessary to incorporate such a space for trash bins into the fence or wall.

3. Gates and doors on rear fences shall not open outward towards the alley but shall be designed to open inward to the property. 79 | Chapter 13: Site Standards & Guidelines
80 | City of Santa Clara Downtown Form-Base Code

13.4. 6SHFLȴFWR/LJKWLQJ
A. General to All Lighting

1. Site lighting shall be shielded by permanent attachments to the light fixture or frosted so that light sources are not visible from a public way and to prevent off-site glare and upward light pollution.

2. Wall-pack types of lighting are not recommended; where used, they shall be provided with full cutoff shields and shall contribute to the architecture of the building.

3. Specific to residential ground floors: site and building-mounted luminaires should produce initial illuminance value no greater than 0.04 horizontal and vertical footcandles, and shall be shielded downward.

4. Specific to nonresidential ground floors: site and building-mounted luminaires should produce a maximum initial illuminance value no greater than 0.1 horizontal and vertical footcandles at the boundary with adjoining residential lots, and no greater than 0.01 horizontal footcandles 10 feet beyond that boundary.

On-site light sources should be shielded from the
public ROW.

Historic lamppost design at the
corner of Franklin St and The
Alameda.

Shielded and/or frosted lighting avoids off-site glare and light pollution.

5. Specific to alleys, paseos, and other
connections into or through the block:
the illuminance measured at the ground
surface shall have an average between .2
and .6 footcandles and shall not exceed 1
footcandle at any point.

6. Street lights should replicate the historic
lampposts from the 1920s–1940s.

A court may provide access to private residences or amenity s paces. Forecourts help transition from the public to private realm.

13.5. On-Site Open Space
A. Introduction
On-site open space is private or shared ou tdoor space that exists for the enjoyment and use of building tenants, and sometimes the public. It can also provide comfortable paths through which pedestrian access is provided from the street to any buildings (or portions of buildings) that lack direct street frontage. This Section identifies a series of open space types and design characteristics of each type.

B. Court

1. Description. A court is an open space surrounded by one or more buildings, for use by residents or tenants, or for activation as a public plaza or outdoor dining area. It can provide visitor access from the street to dwellings, retail, office spaces, or buildings within the lot that lack direct access from the street.

2. Guidelines. A court’s perimeter should be coherent and well-defined by walls on at least three sides. Courts should include a minimum of one shared amenity, such as a seating area, fountain, BBQ island, or outdoor fireplace.

C. Forecourt

1. Description. A forecourt is a court that abuts the public sidewalk. Where forecourts give access to retail and other public uses, they function as an extension of the public realm. Where forecourts grant access to residential or other private uses, they function as tr ansitional spaces between the public and private realms.

2. Standards. Forecourts are only permitted if they serve a specific function, such as providing gathering space outside a common building entry or providing outdoor dining space in front of restaurant shopfronts. At least one building entry shall be provided from a forecourt into the adjacent building(s).

3. Guidelines. Forecourts should be a minimum of 15’ x 15’ in size in order to serve as a usable outdoor room.

4. Build-Out Requirements. A forecourt is a permitted exception to the build-out requirement for a lot. See Section 5.3.A .
81 | Chapter 13: Site Standards & Guidelines
82 | City of Santa Clara Downtown Form-Base Code
Rear yards can
contain amenities
for multi-family
buildings.

Single- and multi-
family residences
separated by side
yards.

D. Side Yard

1. Description. A side yard is an open space along one side of a building. It can serve as a semi-private space through which visitor access is provided to one or more buildings or dwellings, or it can be a private space for the exclusive use of the residents of one or more dwellings.

2. Guidelines. Side yards should be defined by buildings on a minimum of two sides. Side yards should not exceed twenty-five feet in width where adjacent to streets or public open spaces.

3. Build-Out Requirements . An entry to a side yard is a permitted exception to the build-out requirement for a lot. See Section 5.3.A.

E. Rear Yard

1. Description. A rear yard is a private, landscaped open space located behind a building. It is for the use of the residents or users of one or more dwellings.

2. Guidelines. For buildings with two or more units, a rear yard may be divided into separated private yards, provided each private yard is directly adjacent to the dwelling unit.

A roof deck/
terrace used as
a dining area for
restaurants.

A passage may
provide access
to residential
units.

F. Passage

1. Description. Passages provide a pedestrian connection between or through buildings, from the street to a court, building entrance, or rear parking lot.

Passages may be covered or uncovered. They may be gated or completely open to the street. Passages which provide public access through a block are known as paseos .

2. Standards. Passages shall be a minimum of 12 feet in width. a. Exception. Portions of passages no longer than 20' may be less than 12 feet wide but no narrower than 6 feet wide.

3. Build-Out Requirements. An entry to a passage is a permitted exception to the build-out requirement for a lot. See Section 5.3.A.

G. Roof Deck/Terrace

1. Description. A roof deck or terrace is an outdoor gathering space that may be assigned to individual units or shared by all residents or tenants of a building.

2. Standards
a. Publicly accessible roof tops should be visible from the public right of way.

3. Guidelines.
a. Roof decks and terraces should include a minimum of one amenity and design element, such as a trellis, seating area, fountain, landscaping, or outdoor fireplace to encourage their use as an outdoor gathering place. b. Roof decks and terraces should not provide views toward single family residences. They should be oriented toward public rights-of-way or other shared open spaces.
83 | Chapter 13: Site Standards & Guidelines
84 | City of Santa Clara Downtown Form-Base Code

13.6. Elevating a Place with Art
A. Introduction. Good infrastructure, lighting, and spatial dimensions make the built environment work properly. However, the creative details that we add are what bring our towns and cities to life. We can use beauty to say something about who we are, where we came from, and who we wish to be. Works of art do not need to be grand monuments or sculptures. Everyday items can help tell the story of Santa Clara's culture and history—even an elegant light fixture or sculpted door knob. The intent of this Section is to provide ideas and encourage the incorporation of art, in big and small ways, into the private realm of Downtown's buildings, facades, entrances, and setback areas. In this way, Santa Clara can both reflect and inspire the people who live here.

B. Standard. All projects shall provide at least one piece of art—including artistically-executed functional elements—every 50 feet along its street frontage.

Such elements serve as "gifts to the street" from private development. Qualifying pieces of art are subject to the following standards:

1. Art which meets this requirement shall:
a. be located within 10 feet of the front property line or within a publicly accessible on-site open space;
b. be visible or accessible to the public at all times (24 hours/day, 7 days/week); c. be permanent or semi-permanent in nature, designed to last at least 5 years; and
d. go above and beyond the base requirements of the other Sections of this Code to contribute to the unique quality of Downtown Santa Clara’s public realm through artistic expression.

2. Art which meets this requirement may include—but is not limited to—the following:
a. painting—including permanently affixed works such as murals or frescoes; b. reliefs—including carvings, frescoes, mosaics, and earth works; c. sculpture—including statues, fountains, mobiles and monuments; d. ornamental or commemorative structures;
e. mixed or conceptual media in any combination of forms or media—including drawings, collages, or the use of sound, light, or water. Water, neon, fiber optic and electronic sculptures are not encouraged due to difficulty of maintenance, though such art may be permitted if adequate assurance of continued maintenance is provided;
f. decorative and/or utilitarian crafts—including those in clay, fiber, wood, metal, glass, stained glass, and other materials; and/or g. artistically designed elements which can also serve a functional purpose, such as a bench or bike rack, that have been specifically and originally designed as a unique artistic element for the project and are not a mass production or replication.

3. Art which meets this requirement may not include the following:
a. directional elements such as supergraphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions;
b. objects which are mass produced of standard design such as banners, signs, playground equipment, benches, statuary, street barriers, sidewalk barriers, or fountains;
c. reproduction, by mechanical or other means, of original works of art—unless they are limited editions controlled by the artist(s) of original works; d. landscape architecture, gardening, or materials, except where these elements are designed by the artist and are integral or part of the work of art created by the artist;
e. landscaping required by the City as part of development entitlements; or f. artwork that is similar to, reminiscent of, or based on a corporate logo.

C. Examples. The following images serve as examples of art.

San Jose, CASanta Clara, CA
Murals
Murals can turn any vertical surface into an opportunity to bring beauty and share stories or local history.

Shall be submitted to the Cultural Commission for a recommendation.

A sculptural fountain in a court which can
be accessed or viewed by the public.

An sculptural and playful entry sign which
isn't just the business logo.

Entries which incorporate sculptural
reliefs and murals
Courtyard and Entryway Art
On-site works of art, from a beautifully designed building entry to a fountain installed in a semi-private courtyard, are a wonderful gifts to the city and its residents. They create an artistic interface between the architecture and the public realm.

A reminder for people to look up
A whole section of sidewalk can becomes
a commemoration plaque
Sidewalk Plaques
Sidewalk plaques can be a playful way of
telling the history of a specific spot on
a map while adding surprise and delight.

Urban Furniture
Urban furniture that goes above and
beyond its function requirements can
serve as art.

Outdoor seating
Bike rack
Trash bin
85 | Chapter 13: Site Standards & Guidelines
86 | City of Santa Clara Downtown Form-Base Code
This section provides definitions for terms found herein that are technical in nature or that otherwise may not
reflect a common usage of the term. Terms which are not defined in this section shall default to the those found in the Definitions section of the Santa Clara Zoning Code.

Alley: A narrow service street which provides secondary access (and often utilities access) to all lots within a block.

Driveways, parking aisles, and fire lanes are not alleys.

Arbor (entrance arbor): A wooden structure that is
intended to define an entrance into an on-site outdoor
space, such as a front yard or parking lot.

Arcade. An extension of upper floors over a sidewalk,
supported by vertical supports. Arcades provide shade,
glare control, and weather protection.

Bay: A stacked (vertically organized) grouping of facade elements, such as openings and windows.

Bay Window: A window, or window ensemble, that
projects from any building elevation.

Block: A aggregation of lots which are bound on all sides by public rights of way (whether streets or open spaces).

Block dimensions are measured along private property
lines.

Building Base: The visually unified horizontal portion of a building that begins on the ground and extends one or more floors, typically ending at an architectural feature like a cornice or string course. The building base appears to be holding up the upper floors.

Building Improvements: Building improvements include
work that is typical of regular maintenance and upkeep.

This may include changes to the exterior, but is limited to work that does not alter the general character
Building Length: The length of the building as measured parallel to the front property line.

Build-To Range, Front Street: A range of distances from the property line along a street or open space. A building's primary facade shall be built within this range and shall extend along the street or open space as required by the facade buildout percentage.

Chamfered corner: A bevel where two perpendicular
building faces meet, resulting in a third face at a
45-degree angle.

Civic Building: A private or public structure of civic
importance that is noncommercial in nature. This includes but is not limited to: schools, places of assembly, libraries, museums, city hall, or any other building type that has historically been prominently featured in traditional cities and towns as a center of public life. Civic buildings do not include retail (with the exception being a notable food hall or market structure featuring many tenants) or mixed- use buildings, residential buildings, day care facilities, privately-owned office buildings, or municipal yards.

Court: A court is an open space surrounded by one or
more buildings, for use by residents or tenants, or for activation as a public plaza or outdoor dining area. It can provide visitor access from the street to dwellings, retail, office spaces, or buildings within the lot that lack direct access from the street.

Director: The Director of Community Development, or
designee.

Dormer Window: An individual roofed window that
protrudes out of a sloped roof.

Drive Aisle: A vehicular lane within a parking lot that provides access to the individual parking spaces.

Driveway : A vehicular lane within a lot that leads to on- site parking.

Encroachment: Any structure extending into a required
setback area.
14 Glossary Facade Buildout: The required length of the primary facade (located within the Front Street Build-To Range) divided by the total buildable length along a street or open space, expressed as a percentage.

Fenestration: Transparent glass openings in a building
face.

Fire Lane: An on-site right of way required by the Fire Marshal for the access of emergency vehicles.

Forecourt: A court that abuts the public sidewalk. Where forecourts give access to retail and other public uses, they function as an extension of the public realm. Where forecourts grant access to residential or other private uses, they function as transitional spaces between the
public and private realms.

Frontage, Private: The ground floor building facade and the area between the building facade and any property
line along a street or public open space.

Frontage, Public: The space between any street-adjacent property line and the first travel lane in the roadway.

Gallery: A ground-floor colonnade that supports a shed roof or deck that covers the sidewalk, intended to provide shade, glare control, and weather protection.

Ground Floor: The floor of a building located nearest to the level of the existing grade around the building.

Half-Story: The uppermost story of a building in which the sloping roof forms the walls. These are often lighted by dormer windows and include knee walls under roof slopes.

Lot: A portion of land delineated from others to host an allowed development. For the purpose of this code, lot is synonymous with “property” or “design site. ”
Lot Line: A front, side or rear of a lot. For the purpose of this code, lot line is synonymous with property line.

Massing Increments: A complete facade composition
that is visually distinguished from an adjacent facade
composition of the same building. Each increment has a
coherent look and character from the ground to the top
of the facade. Sometimes, Massing Increments appear as
multiple parts of a single building, while in other cases, they appear as distinct buildings altogether.

Non-Formula Retail and Restaurant Establishments.

If there are fewer than 12 worldwide locations, including the proposed location, and if the business has less than two standardized features, then the proposed use is Non- Formula.

Outbuilding: A rear building on the same property but
separate from, and smaller in scale than the building
which contains the primary use of the site.

Paseo: A pedestrian path that provides a connection from one right of way or public open space to another. They
may be privately maintained or dedicated to the City.

Passage: An on-site pedestrian path.

Pergola: A wooden structure that is intended to either provide a small area of shade or define an entrance into an on-site outdoor space, such as a front yard or parking lot.

Pier. Vertical structural elements which, when dividing shopfronts, often define bays or Massing Increments.

Primary Access: The principal or most-important means
of approaching and entering a building or property.

Primary Building: A building situated towards the
adjacent street or public open space that accommodates
the primary use of the site. This is distinguished from an outbuilding, which is ancillary in use and form, and sits near the rear of the site.

Primary Entrances: Typically refers to front doors, and may include direct access into a ground floor residential unit, into nonresidential space, into a common lobby, or into a zaguan that leads to a court.

Primary Facade. The portion of the facade located within the Front Street Build-To Range along a street and/or
open space.

Privacy Windows: Windows which are either opaque and
unopenable or which begin at least 6 feet from the floor.

Public Realm: All streets, sidewalks, parks, plazas, and other open spaces that comprise the shared space of a city for its visitors, employees and residents. It is the space between buildings where civic interaction occurs and is defined in contrast to private property. The public realm is publicly-accessible, regardless of whether particular parts of it are publicly or privately owned and maintained.

Rosewalk: A wide paseo with residential frontages on
either side.
87 | Chapter 14: Glossary
88 | City of Santa Clara Downtown Form-Base Code
Rowhouse Building. A building containing an array of
side-by side units.

Shopfront: A ground-floor frontage assembly that
includes an arrangement of large transparent windows
and a conspicuous entrance that leads directly into the unit. Shopfronts are spatially defined on either side by structural vertical elements called piers.

Side, Lot Line: Any property line that is shared with a neighboring property when there is no public open space between the two.

Sideyard: The portion of a parcel extending from the front of the property to the rear of the property, between the side property line of the parcel and the closest side of the principal building.

Story height: The vertical distance from floor to ceiling.

For the topmost story, it is measured from the top of the floor finish to the bottom of the ceiling joists or, where there is not a ceiling, to the bottom of the roof rafters.

Street: A right of way that is defined in Section 2.9.

Paseos, driveways, parking aisles, fire lanes, and alleys are not streets.

Street, Front: The side of the lot that is adjacent to a street. A property may have multiple fronts.

Street, Side: (Applicable only to corner lots). The side of the lot that is adjacent to a street or public open space that is not considered the front (see Street, Front).

Through lot: A lot which extends from one street frontage to another, across the entire span of the block.

Trellis: A frame of latticework used as a screen or as a support for climbing plants.
89 | Chapter 14: Glossary
End of Code.

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-34 Agenda Date: 2/20/2024

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of November 2023

BOARD PILLARS
Enhance Community Engagement and Transparency
Ensure Compliance with Measure J and Manage Levi’s Stadium

BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that the invoiced goods or services have been provided.

The Bills and Claims listing represents the cash disbursements required of normal and usual operations during November 2023. Budget control is set by the Stadium Authority Board through the budget adoption process.

DISCUSSION
Effective August 31, 2022, the Stadium Authority and Stadium Manager agreed to the timely payment of Shared Stadium Expenses and other budgeted expenses in accordance with the Annual Stadium Authority Budget, except for buffet expenses invoiced pursuant to Section 4.6.1 of the Stadium Lease. The Stadium Authority maintains the right to confirm and dispute submitted charges from the 2021-22 fiscal year and subsequent years during a fiscal-year-end reconciliation/true-up. This is primarily done to address any concerns regarding improper allocation, calculation, lack of support, or failure to comply with applicable contracts or laws, among other reasons. The Stadium Authority may raise such questions with respect to any charge at any time before a fiscal year-end reconciliation/true-up and the Stadium Manager must assess and respond to such questions in good faith.

At its March 7, 2023 meeting, the Stadium Authority Board adopted the Santa Clara Stadium Authority Fiscal Year 2023-24 Operating, Debt Service, and Capital Budget which runs from April 1, 2023 to March 31, 2024. Expenses paid in November 2023 include:
· Payment totaling $92,888.47 to the City of Santa Clara for reimbursement of General and Administrative (G&A) City payroll costs (e.g.: Executive Director’s Office (City Manager’s Office), Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) · Payments totaling $806,134.12 to Forty Niners Stadium Management Co, LLC for the following:
o $805,203.59 for November 2023 Stadium Manager Expenses o $519.12 for legal notice publication costs for CapEx Projects City of Santa Clara Printed on 2/15/2024Page 1 of 2
powered by Legistar™
24-34 Agenda Date: 2/20/2024
o $411.41 for CapEx Project - Concrete Replacements
· Payment totaling $1,059.47 to Amazon Capital Services, Inc. for CapEx Project - Concessions Cart Cabling for Portable Carts
· Payment totaling $210,664.40 to Blue’s Roofing Co. for CapEx Project - General Areas / Coatings Main Deck
· Payment totaling $389,982.11 to LRG Technologies, Inc. for CapEx Project - Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers
· Payment totaling $4,217.61 to Populous Group, LLC for CapEx Project - Main Kitchen Equipment
· Payment totaling $36,867.70 for Legal Services (September 2023)

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The fiscal impact to the Stadium Authority is $1,542,476.28.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel’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
Approve the list of Stadium Authority Bills and Claims for November 2023.

Reviewed by: Kenn Lee, Treasurer
Approved by: Jovan D. Grogan, Executive Director

ATTACHMENTS

1. November 2023 SCSA Bills and Claims
City of Santa Clara Printed on 2/15/2024Page 2 of 2
powered by Legistar™
Payment Date Vendor Invoice No. Description Fund Amount 11/15/2023 Bank of America N/A October 2023 Bank Fees - CapEx Reserve Account Operating 226.51 11/15/2023 Bank of America N/A October 2023 Bank Fees - Operating Reserve Account Operating 435.89 662.40
11/21/2023 City of Santa Clara N/A B2320 SCSA Admin Payroll Costs Operating 92,888.47 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Security Operating 132,276.03 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Stadium Ops Operating 381,670.0 6 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Engineering Operating 226,068.8 6 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Guest Services Operating 54,270 .34 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Groundskeeping Operating 55,112 .25 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - SBL Sales & Service (credit) Operating (236,296.83) 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Insurance Operating 84,161.67 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Naming Rights Operating 46,808. 74 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Other G&A Operating 52,799.14 11/1/2023 Forty Niners Stadium Management Co, LLC SLS-24250 November 2023 Stadium Manager Expenses - Lender Fees Operating 8,333.33 11/6/2023 Forty Niners Stadium Management Co, LLC SLS-24229 Legal Publications - Smoke Evacuation System - Fire Smoke Curtain Repl acement CapEx 162.71 11/6/2023 Forty Niners Stadium Management Co, LLC SLS-24229 Legal Publications - Plumbing CapEx 185.95 11/6/2023 Forty Niners Stadium Management Co, LLC SLS-24229 Legal Publications - Overhead Doors, Motors, Sensors and Track Replace ments CapEx 170.46 11/6/2023 Forty Niners Stadium Management Co, LLC SLS-24157 CapEx Project - Concrete Replacements CapEx 411.41 806,134.12
11/6/2023 Amazon Capital Services, Inc. 14RQ-PM4L-V4YC CapEx Project - Concessions Cart Cabling for Portable Carts CapEx 798.32 11/6/2023 Amazon Capital Services, Inc. 1F7V-FDJ7-R6KR CapEx Project - Concessions Cart Cabling for Portable Carts CapEx 261.15 1,059.47
11/6/2023 Blue's Roofing Co. 31163 CapEx Project - General Areas / Coatings Main Deck CapEx 210,664.40 11/6/2023 LRG Technologies, Inc. 3-1217-2451 CapEx Project - Mobile Security Closed Circuit Television (CCTV) Pop Up Trailers CapEx 389,982.11 11/6/2023 Populous Group, LLC 0076687 CapEx Project - Main Kitchen Equipment CapEx 4,217.61 11/6/2023 1358785 Legal Services (September 2023) Operating 36,867.70 November 2023 Total 1,542,476.28$
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of November 2023

Page 1 of 1 ends

City Council and Authorities ConcurrentFebruary 20, 2024

City Council and Authorities Concurrent
February 20, 2024