City Council and Authorities Concurrent
February 20, 2024

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-87 Agenda Date: 2/20/2024

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Informational Report on Stadium Authority and Stadium Manager Meetings for the Period of October 1 to December 31, 2023

BOARD PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
On August 24, 2017, the Stadium Authority approved the Harvey Rose Audit titled “Comprehensive Audit of Stadium”. Audit recommendation 1.Q states that “the Stadium Authority Board should direct the Executive Director to require that all meetings, including the date and purpose of the meetings, between Stadium Authority and Stadium Manager staff be documented and reported quarterly or annually to the Stadium Authority Board.” Staff has implemented this audit recommendation on a quarterly basis.

At the August 25, 2020 meeting, the Stadium Authority Board provided additional direction to staff to prepare minutes for all future Stadium Authority and Stadium Manager staff meetings.

DISCUSSION
In accordance with the Board approved audit recommendation, meetings between Stadium Authority and Stadium Manager staff for the period of October 1 to December 31, 2023 are listed below. The attendees and topics discussed at these meetings are included in this report as Attachment 1.

Date Meeting Purpose
10/4/2023 Weekly Accounting Status Meeting (via Teams)
10/18/2023 Financial Management System Managed Services Status Meeting (via Zoom)
10/18/2023 Weekly Accounting Status Meeting (via Teams) 10/19/2023 FIFA World Cup Documents Meeting (via Zoom)
10/25/2023 Weekly Accounting Status Meeting (via Teams) 10/31/2023 Levi’s Stadium Security & Neighborhood Impacts SOQ Evaluation (hybrid) 11/1/2023 FIFA Site Visit Meeting (in person)
11/1/2023 Weekly Accounting Status Meeting (via Teams)
11/1/2023 Outstanding Stadium and Event Issues Meeting (in person) 11/3/2023 Bi-Weekly Stadium CapEx Permit Meeting (via Zoom) 11/15/2023 Weekly Accounting Status Meeting (via Teams) 11/15/2023 Outstanding Arbitration Disputes Meeting (in person) 11/17/2023 Bi-Weekly Stadium CapEx Permit Meeting (via Zoom) 11/20/2023 SCSA/Stadium Manager Monthly Coordination Meeting (in person) 11/20/2023 Lobbyist Registration Ordinance Requirements and Miscellaneous Operations Issues Meeting (via phone)
11/29/2023 Weekly Accounting Status Meeting (via Teams) 12/01/2023 Kickoff Meeting with Guidepost Solutions (via Teams) 12/05/2023 Check In Meeting (via Teams)
12/10/2023 Operational Tour at Levi’s Stadium (in person) 12/13/2023 FIFA World Cup Documents Meeting (via Zoom)
12/13/2023 Weekly Accounting Status Meeting (via Teams) 12/13/2023 SCSA/Stadium Manager Quarterly Status Meeting (in person) 12/15/2023 Bi-Weekly Stadium CapEx Permit Meeting (via Zoom) 12/20/2023 Financial Management System Managed Services Status Meeting (via Teams)
12/21/2023 Outstanding Arbitration Disputes Meeting (in person) City of Santa Clara Printed on 2/15/2024Page 1 of 3
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24-87 Agenda Date: 2/20/2024
Date Meeting Purpose
10/4/2023 Weekly Accounting Status Meeting (via Teams)
10/18/2023 Financial Management System Managed Services Status Meeting (via Zoom)
10/18/2023 Weekly Accounting Status Meeting (via Teams) 10/19/2023 FIFA World Cup Documents Meeting (via Zoom)
10/25/2023 Weekly Accounting Status Meeting (via Teams) 10/31/2023 Levi’s Stadium Security & Neighborhood Impacts SOQ Evaluation (hybrid) 11/1/2023 FIFA Site Visit Meeting (in person)
11/1/2023 Weekly Accounting Status Meeting (via Teams)
11/1/2023 Outstanding Stadium and Event Issues Meeting (in person) 11/3/2023 Bi-Weekly Stadium CapEx Permit Meeting (via Zoom) 11/15/2023 Weekly Accounting Status Meeting (via Teams) 11/15/2023 Outstanding Arbitration Disputes Meeting (in person) 11/17/2023 Bi-Weekly Stadium CapEx Permit Meeting (via Zoom) 11/20/2023 SCSA/Stadium Manager Monthly Coordination Meeting (in person) 11/20/2023 Lobbyist Registration Ordinance Requirements and Miscellaneous Operations Issues Meeting (via phone)
11/29/2023 Weekly Accounting Status Meeting (via Teams) 12/01/2023 Kickoff Meeting with Guidepost Solutions (via Teams) 12/05/2023 Check In Meeting (via Teams)
12/10/2023 Operational Tour at Levi’s Stadium (in person) 12/13/2023 FIFA World Cup Documents Meeting (via Zoom)
12/13/2023 Weekly Accounting Status Meeting (via Teams) 12/13/2023 SCSA/Stadium Manager Quarterly Status Meeting (in person) 12/15/2023 Bi-Weekly Stadium CapEx Permit Meeting (via Zoom) 12/20/2023 Financial Management System Managed Services Status Meeting (via Teams)
12/21/2023 Outstanding Arbitration Disputes Meeting (in person)

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

FISCAL IMPACT
There is no fiscal impact related to this report.

COORDINATION
This report has been coordinated with the Stadium Authority Counsel and Treasurer’s Offices.

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

RECOMMENDATION
Note and file the quarterly report on Stadium Authority and Stadium Manager staff meetings and corresponding summaries for the period of October 1 to December 31, 2023.

Reviewed by: Christine Jung, Assistant to the Executive Director Approved by: Jovan D. Grogan, Executive Director
City of Santa Clara Printed on 2/15/2024Page 2 of 3
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24-87 Agenda Date: 2/20/2024

ATTACHMENTS

1. Stadium Authority and Stadium Manager Meeting Summaries for the Period of 10/1/23 to 12/31/23
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Weekly Accounting Status Meeting
Date: 10/4/2023; 2:30pm to 2:37pm
Teams Meeting: Brenda Lee (SCSA), Brent Ghan (ManCo) and Caitlin Ritchie (ManCo)

1. S tadium Builder License Proceed Transfer for 2nd Quarter

2. Non-NFL Event Ticket Surcharge

3. Levi’s Naming Rights Payment

Financial Management System
Managed Services Status Meeting
Date: 10/18/2023; 2:00pm to 2:17pm
Zoom Meeting: Linh Lam (SCSA), Brenda Lee (SCSA), David Presley (SCSA), Brent Ghan (ManCo), Chad Hundley (Armanino), and Giles Zollar (Armanino)

1. Discussed available system review, available support hours and academy courses

2. Discussed configuration documents and review

3. Discussed version upgrade to 18.6 for Great Plains (available in October 2023)

4. Discussed InTwo open support tickets

5. Discussed Armanino assistance to Stadium Manager year-end close

6. Discussed upcoming integration projects related to loading AP invoices to Great Plains, currently put on hold

Weekly Accounting Status Meeting
Date: 10/18/2023; 2:30pm to 2:37pm
Teams Meeting: Brenda Lee (SCSA), Brent Ghan (ManCo) and Caitlin Ritchie (ManCo)

1. Return of Non-NFL Event ticket surcharge

2. Escheatment for outstanding checks

3. Taylor Swift ticket surcharge to be sent 11/2/2023

Date: 10/19/2023, 11:00 p.m.

Zoom:

For Santa Clara Stadium Authority:

Glen R. Googins, Stadium Authority Counsel
Sujata Reuter, Chief Assistant City Attorney

For Stadium Manager:

Jihad Beauchman

For FIFA:

Michelle Cornell-Davis
Peter Gutierrez
Adam Sullins

For Bay Area Host Committee:

Matthew Richards
Robert Weikert

1. FIFA World Cup Documents
Weekly Accounting Status Meeting
Date: 10/25/2023; 2:30pm to 2:34pm
Teams Meeting: Brenda Lee (SCSA), Brent Ghan (ManCo) and Caitlin Ritchie (ManCo)

1. Financial Management System Journal Entry # for Ticket surcharge

2. STR Marketplace Monthly Fees

Levi’s Stadium Security & Neighborhood Impacts SOQ Evaluation Date: 10/31/2023; 11:00 a.m. - 12:00 p.m.

Hybrid Meeting: Jōvan D. Grogan, Ruth Mizobe Shikada, Derek Rush, Christine Jung (City/Stadium Authority); Francine Melendez Hughes (49ers/Stadium Manager)

1. Levi’s Stadium Security and Neighborhood Impacts Review Statement of Qualifications Evaluation

Date: 11/1/2023, 8:30 a.m.

In-Person Meeting – Levi’s Stadium:

For Santa Clara Stadium Authority:

Jōvan D. Grogan, Executive Director
Glen Googins, Stadium Authority Counsel
Derek Rush, Assistant Police Chief
For 49ers/S
tadium Manager:

Al Gui
do
Peter Wilhelm
Jihad Beauchman
Alex Chang
Ellie Caple
For Bay Area Host Committee:

Becca Smith
Zaileen Janmohamed
Kristin Miller
Robert Weikert
For SH Advisors Group:

Karina Herold
For Fleishman Hilard:

Mitch Germann
For Lighthouse Public Affairs
Boe Hayward
Marian Lee
For Valley Transportation Authority
Derik Calhoun
Aston Greene

1. FIFA Site Visit
Weekly Accounting Status Meeting
Date: 11/01/2023; 2:30pm to 2:32pm
Teams Meeting: Brenda Lee (SCSA), Brent Ghan (ManCo) and Caitlin Ritchie (ManCo)

1. Non-NFL
Event Surcharge for Taylor Swift

2. Backup and journal entry number on Non-NFL Ticket Surcharge Date: 11/1/2023, 5:00 p.m.

In-Person Meeting – Levi’s Stadium:

For Santa Clara Stadium Authority:

Glen Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman

1. Outstanding Stadium and Event Issues
Bi-weekly Stadium Capex Permit Meeting
Date: 11/3/2023; 11am to 11:30am
Zoom Meeting: Elycia Knight (SCSA), Ryan VanMaarth (ManCo)

1. Discussed anticipated submittals for larger projects that will break ground in 2025.

2. Discussed potential coordination of submittals that require outside agency approval.

3. Discussed the schedule of submittals for FY23/24 CAPEX and agenda cadence for ongoing meetings.

Weekly Accounting Status Meeting
Date: 11/15/2023; 2:30pm to 2:56pm
Teams Meeting: Linh Lam (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo) and Caitlin Ritchie (ManCo)

1. FY2022- 23 True-up on the December Operations and Maintenance invoice

2. FY2021- 22 Insurance Expense True-up

3. Backup on Non-NFL Ticket Surcharge

4. Financial Management System Audit for previous years Date: 11/15/2023, 3:00 p.m.

In-Person – Levi’s Stadium:

For Santa Clara Stadium Authority:

Jōvan D. Grogan, Executive Director
Glen R. Googins, Stadium Authority Counsel
Sujata Reuter, Chief Assistant City Attorney
Kenn Lee, Director of Finance
Ruth Shikada, Retired Annuitant
Richard Fitting, Police Captain
Mohammad Walizadeh, Outside Counsel
For Stadium
Manager:

Jihad Beauc
hman
Jeff Fong
Francine Hughes
Peter Wilhelm
Charmaine Yu

1. Outstanding Arbitration Disputes
Levi's Stadium Permit Bi-Weekly Check-In with Stadium Manager Date: 11/17/2023; 10:30am – 11:30am
Zoom Meeting: Ryan Van Maarth (ManCo), Elycia Knight (SCSA)

1. Discussed anticipated submittals for larger projects that will break ground in 2025.

2. Discussed potential coordination of submittals that require outside agency approval.

3. Discussed the schedule of submittals for FY23/24 CAPEX and agenda cadence for ongoing meetings.
1500 Warburt
on Avenue | Santa Clara, CA | 95050 | 408.615.2210

STADIUM AUTHORITY / STADIUM MANAGER

MONTHLY COORDINATION MEETING
November 20, 2023 | 1:00 p.m. – 2:00 p.m.

Levi’s Stadium

ATTENDEES
City/Stadium Authority
• Jōvan D. Grogan, City
Manager/Executive Director
• Ruth Mizobe Shikada, Executive
Director’s Office
• Christine Jung, Assistant to the
City Manager
• Elycia Knight, Development
Project Manager
49ers/Stadium Manager
• Francine Melendez Hughes,
Executive Vice President &
General Manager
• Peter Wilhelm, Chief Financial
Officer

MEETING MINUTES

1. December
25th NFL Game (SCSA)
The City and Stadium Authority sent a letter requesting double pay rate for non- sworn City and As Needed Employees for the Christmas game, as well as an adjustment to the public safety threshold based on those incremental costs. 49ers/Stadium Manager staff said they would look at what they have done in the past and respond to the request in the upcoming weeks.

2. December 10
th Tours
Stadium Authority and Stadium Manager staff discussed coordination for two stadium tours that would occur during the December 10, 2023 NFL game. The first tour was for Guidepost Solutions to observe security operations and neighborhood impacts and the second tour was for the City’s new Assistant City Manager and Public Information Officer to view operations during a stadium event.

3. Security Assessment – Expense Allocation (Stadium Manager) Stadium Authority shared that it selected Guidepost Solutions to complete the security and neighborhood impacts assessment project. The service agreement is in an amount not to exceed $99,800. Stadium Manager asked for a copy of the consultant’s proposal, which the Stadium Authority agreed to share. 49ers/Stadium Manager staff confirmed that StadCo would cover 45% of the cost SCSA

SANTA CLARA STADIUM AUTHORITY
of the security and neighborhood impacts assessment and the Bay Area Host Committee would cover 10%.

4. Council Meeting (12/5) – Sod Replacement (Stadium Manager) Stadium Authority and Stadium Manager staff discussed sod removal services that are utilized for stadium events and the continued sod removal agreement request that was pending Board approval on the December 5, 2023 agenda. This discussion included sharing the Board’s questions about the request, sod supply vs. sod removal, previous vendors/contracts providing this service, division of costs and how these services were funded in the past, etc. Stadium Manager staff said they would likely participate at the December 5 meeting and would confirm at a later date.

5. Stadium Manager RFP Process (Stadium Manager)
Stadium Authority and Stadium Manager staff discussed the City/Stadium Authority’s review and potential participation in upcoming key procurements related to Non-NFL Event operations that will go to the Board for approval later in the fiscal year. Stadium Authority staff asked the Stadium Manager to share the scope of services and for City/Stadium Authority review and/or participation in specific procurement processes such as event security and janitorial services.

Stadium Manager said they would discuss the request internally and update the Stadium Authority.

6. City/Stadium Authority Participation in Upcoming Key Solicitations (SCSA) See Item 5.

7. Parking Stall Count – Mission College (Stadium Manager) Stadium Authority and Stadium Manager staff discussed a pending proposal for parking at Mission College. Stadium Authority staff shared that the City’s Community Development Department required a written acknowledgement from Mission College that it agreed to provide parking spaces for events. The Stadium Manager would coordinate with Mission College and Community Development Department regarding the submittal and receipt of acknowledgement.

8. Inquiry Regarding Potential Additional Stadium Parking (SCSA) Stadium Authority and Stadium Manager staff discussed the possibility of public vehicle access for events through the southern portion of the back nine (closest to Tasman East) owned by Related and the coordination required for implementation.

9. Additional Endzone Field Level Seats (SCSA)
Stadium Authority and Stadium Manager discussed the Stadium Manager’s update on adding additional seats at the field level which was the result of replacing existing/prior seats (due to wear and tear). The new seats will be smaller, so they can fit additional seats in the area, which would in turn generate SCSA

SANTA CLARA STADIUM AUTHORITY
new Stadium Builder License (SBL) revenue. Stadium Authority staff said they would discuss internally and share next steps with the Stadium Manager.

10. Capital Projects (SCSA)
Key staff on the City and Stadium Manager respective teams (Elycia Knight and Ryan Van Maarth) are meeting regularly to discuss and coordinate stadium capital improvements, including a future jumbotron replacement project and potential requirements/impacts.

11. Public Safety and Operational Documents in Budget Process (SCSA) The City/Stadium Authority will be sharing comments for the public safety and operational documents on or before December 8, 2023.

12. Miscellaneous Items, If Needed
At the beginning of the meeting, Executive Director Jovan Grogan provided an update on upcoming Stadium Authority staffing changes.

SCSA

SANTA CLARA STADIUM AUTHORITY
Date: 11/20/2023, 3:30 p.m.

Phone Call:

For Santa Clara Stadium Authority:

Glen Googins, Stadium Authority Counsel
For Stadium Manager:

Jihad Beauchman

1. Lobbyist Registration Ordinance Requirements

2. Miscellaneous Operations Issues
Weekly Accounting Status Meeting
Date: 11/29/2023; 2:30pm to 2:40pm
Teams Meeting: Brenda Lee (SCSA), Brent Ghan (ManCo) and Caitlin Ritchie (ManCo)

1. Q2 Certificates uploaded to the Lender portal

2. Capital Expenditure invoices

3. FY 2023-24 Capital Expenditure summary
Kickoff Meeting with Guidepost Solutions
Date: 12/01/2023; 11:00 a.m. – 12:00 p.m.

Teams Meeting: Jōvan D. Grogan, Ruth Mizobe Shikada, Christine Jung, Derek Rush, Richard Fitting (City/Stadium Authority); Francine Melendez Hughes (49ers/Stadium Manager); Jim Hayes, Cathal Walsh, Angela Osborne, Steven Draghi, Morgan Hassler, Ramone Kegler (Guidepost Solutions)

1. Introductions

2. Review scope of work for the event entry/security procedures and neighborhood impacts assessment

3. December 10 th event visit

4. Project schedule

5. Potential documents for consultant review
Check In Meeting
Date: 12/05/2023; 3:30 p.m. – 4:00 p.m.

Teams Meeting: Jōvan D. Grogan, Glen Googins, Ruth Mizobe Shikada, Kenn Lee, Christine Jung (City/Stadium Authority); Francine Melendez Hughes, Jihad Beauchman (49ers/Stadium Manager)

1. Stadium Authority confirmation of Stadium Manager’s PowerPoint for the 12/05/2023 sod removal agenda item

2. Order of sod removal presentations

3. Grow lights at Levi’s Stadium and recent inquiries, including how they are used, how often, and related equipment

4. Sod removal costs
Operational Tour at Levi’s Stadium
Date: 12/10/2023
In person Meeting: Jōvan D. Grogan, Ruth Mizobe Shikada, Chuck Baker, Janine De la Vega (City/Stadium
Authority); Francine Melendez Hughes, Peter Wilhelm, Jason Montgomery, Jeremy Vaux, Ryan van Maarth, Ellie Caple, Joshua Stephens (49ers/Stadium Manager);

1. Introduc
tion to new City Staff

2. Introduction by ManCo/49ers staff of their respective roles

3. Overall event operation briefing
Date: 12/13/2023, 1:00 p.m.

Zoom:

For Santa Clara Stadium Authority:

Glen Googins, Stadium Authority Counsel
Sujata Reuter, Chief Assistant City Attorney
For Stadium Manager:

Jihad Beauchman
For FIFA:

Michelle Cornell-Davis
Peter Gutierrez
Adam Sullins
For Bay Area Host Committee:

Matt Richards
Robert Weikert

1. FIFA World Cup Documents
Weekly Accounting Status Meeting
Date: 12/13/2023; 2:30pm to 2:36pm
Teams Meeting: Linh Lam (SCSA), Tyler Cook (SCSA), Brenda Lee (SCSA), Brent Ghan (ManCo) and Caitlin Ritchie (ManCo)

1. Introduce new Accounting Division Manager

2. KPMG Agreed Upon Procedures audit

STADIUM AUTHORITY/STADIUM MANAGER

QUARTERLY STATUS MEETING
December 13, 2023 | 4:30 p.m. – 5:30 p.m.

Santa Clara Convention Center, Room 201

ATTENDEES
City/Stadium Authority
• Jōvan D. Grogan, City
Manager/Executive Director
• Chuck Baker, Assistant City
Manager
• Christine Jung, Assistant to the
City Manager
• Elycia Knight, Development
Project Manager
49ers/Stadium Manager
• Francine Melendez Hughes,
Executive Vice President &
General Manager
• Peter Wilhelm, Chief Financial
Officer
Meeting
Minutes

1. Quarter
ly Status Meeting Updates from Stadium Manager
a. Financial performance of past Non-NFL Events
b. Status of future Non-NFL Events
i. Booked events
ii. Pipeline events
c. Private Parking Agreements
i. Executed private parking agreements
ii. Ongoing negotiations for private parking agreements Stadium Authority and Stadium Manager staff discussed the general financials for the Taylor Swift and Beyonce concerts. Stadium Manager shared updates regarding booked 2024 Non-NFL events which include the May 4, June 22, and July 2 soccer events, May 17-18 Luke Combs concerts, and July 17 Rolling Stones concert. Stadium Manager staff offered to connect Assistant City Manager Chuck Baker with key staff who managed non-ticketed Non-NFL events. Separately, Stadium Authority staff brought up the need for a structural relationship between the Stadium Authority and Stadium Manager when it came to managing future Non-NFL event cancellations.

Stadium Manager staff shared that they were scheduling capital projects in a way so that they would not impact events. They planned to submit their projects after the new year and noted that some of the projects may require CEQA.

Stadium Authority and Stadium Manager staff discussed updates related to the Stadium Manager’s recent efforts to obtain public vehicle access through Related’s property for upcoming events and Mission College parking.

2. December 25
th Event
City/Stadium Authority staff shared the status of City work efforts for the December 25, 2023 NFL game, including the upcoming December 19, 2023 Council item on staffing/pay. City/Stadium Authority and Stadium Manager had a confidential public safety discussion.

3. Pre-Litigation Meeting Prep (Stadium Manager)
Confidential discussion.

4. Post Event Feedback from Chuck (Stadium Manager)
Assistant City Manager Chuck Baker shared his experience for the December 10, 2023 NFL game operational tour.

5. Security Procedures and Neighborhood Impact Review
a. Feedback from Guidepost Assessment (Stadium Manager) b. Coordination for January 6/7 Visit (Stadium Authority) Stadium Manager staff were interested in Guidepost Solutions’ feedback after the consultant toured and observed the December 10, 2023 NFL game. City/Stadium Authority and Stadium Manager had a confidential public safety discussion. Stadium Manager agreed to lead the following Guidepost Solution tour, which was planned for January 6 or 7, 2024. Stadium Authority and Stadium Manager coordinated next steps for the visit.

6. City/Stadium Authority Participation in Key Upcoming Solicitations – Follow Up (Stadium Authority)
Stadium Manager staff agreed that it made sense to have City/Stadium Authority staff participate in the event security solicitation process. They shared that they were reviewing the scope of other venues’ janitorial services as a benchmark and would likely change the scope of the stadium’s janitorial services in the upcoming solicitation.

7. Additional Endzone Field Level Seats – Follow Up (Stadium Authority) Stadium Manager confirmed that the seats were not fully installed but due to the conversion of the field seats (wide seats to more narrow seats), more seats could be fit in the endzone of the field. Stadium Authority staff shared that the Board approved a certain number of Stadium Builder Licenses (SBLs) in 2022, and anything above that number will require additional Board action. Both sides agreed to look into follow up items related to the request, including the number of seats approved by the Board and whether SBLs were actually executed.

8. Capital Improvement Projects Update (Stadium Authority) Stadium Authority staff provided an update on a recent meeting with Stadium Manager’s lead staff for capital projects and asked the Stadium Manager to identify critical projects and provide an updated capital projects schedule from the Stadium Manager. Stadium Manager staff shared updates about key projects, such as the DAS, roof, and jumbotron enhancement. City/Stadium Authority staff proposed scheduling a planning meeting to discuss the jumbotron enhancement application and regulatory process.

9. World Cup Improvements – Confidential (Stadium Authority) Confidential discussion.

10. Levi’s Stadium Signage (Stadium Authority)
Stadium Authority and Stadium Manager agreed that the Naming Rights signage was an outstanding issue that still needed to be resolved. New Stadium Authority staff on the team needed to learn more about the signs and come up to speed.

Bi-weekly Stadium Capex Permit Meeting
Date: 12/15/2023; 11:30am to 12:00am
Zoom Meeting: Elycia Knight (SCSA), Ryan VanMaarth (ManCo)

1. Reviewed Capex Status Tracker.

2. Reviewed Submitted and Open Projects.

3. Update on the status of Verizon rights for DAS system.

Financial Management System
Managed Services Status Meeting
Date: 12/20/2023; 2:00pm to 2:21pm
Zoom Meeting: Linh Lam (SCSA), Brenda Lee (SCSA), David Presley (SCSA), Brent Ghan (ManCo), Chad Hundley (Armanino), Rebecca Bunas, and Giles Zollar (Armanino)

1. Open invoice, available system review, available support hours and academy courses

2. Coupa/Scribe to load AP invoices into GP

3. Great Plains upgrade to 18.6 from 18.4

4. SCSA trainings using available academy courses
Date: 12/21/2023, 1:30 p.m.

In Person Meeting – Santa Clara Convention Center:

For Santa Clara Stadium Authority:

Jōvan D. Grogan, Executive Director
Glen Googins, Stadium Authority Counsel
Chuck Baker, Assistant City Manager
Sujata Reuter, Chief Assistant City Attorney
Kenn Lee, Director of Finance
Ruth Shikada, Retired Annuitant
Mohammad Walizadeh, Outside Counsel
For Stadium Manager:

Jihad Beauchman
Jeff Fong
Francine Hughes
Peter Wilhelm
Charmaine Yu

1. Outstanding Arbitration Disputes
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1593 Agenda Date: 2/20/2024

REPORT TO COUNCIL

SUBJECT
Public Hearing: Adoption of a Resolution Ordering the Abatement of a Nuisance on 228 Identified Parcels Consisting of Growing Weeds in Accordance with City Code Chapter 8.15 and in Association with the County Weed Abatement Program, for 2023-2024

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City Council, on February 23, 1976, approved a partnership with Santa Clara County to administer the Weed Abatement program. Over the past forty-seven years, the County's Department of Consumer & Environmental Protection Agency has efficiently managed the program, yielding satisfactory results for Santa Clara residents. The program enjoys broad community support and complaints are rare. Complaints that are received are expeditiously addressed by County staff. This collaboration has significantly reduced the City's costs associated with weed abatement.

Aligned with the California Government Code, Santa Clara Municipal Code Chapter 8.15 outlines the procedures for weed abatement. Property owners are mandated to conduct timely weed abatement activities on their properties. Despite notification, a relatively small number of property owners fail to maintain their properties in accordance with the County’s minimum fire safety standards (Attachment 3). In such instances, the City authorizes the Santa Clara County Department of Consumer & Environmental Protection Agency to inspect, remove, and destroy weeds on non-compliant parcels or lots of land.

The County Weed Abatement program is solely funded on program fees charged to property owners by the County of Santa Clara. Typically, a property is placed in the program Commencement Report by a County Weed Abatement program inspector who identifies a potential fire hazard during inspections within the City. The County can also receive referrals for potential hazards from community members or through service requests from City staff. A County inspector documents the hazard(s) present, photographs the hazard, and records the location of the parcel with GPS to ensure accurate property identification. Once parcels are put on the Commencement Report, they will remain in the program for a 3-year term to ensure ongoing compliance.

Official warning notices to property owners are not part of the County’s program, however homeowners on the Commencement Report are provided with an opportunity to abate prior to the County taking action. All properties placed on the Commencement Report will receive a program letter and will be charged a basic inspection fee. If the parcel complies with the County’s minimum fire safety standards, no further action is required beyond payment of the basic inspection fee. If the property is found not in compliance at the time of inspection, the property owner will be charged an City of Santa Clara Printed on 2/15/2024Page 1 of 3
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24-1593 Agenda Date: 2/20/2024
additional failed inspection fee and will receive a final courtesy notice as a reminder to abate the identified hazard(s) within 15 days. The 15-day notification and/or program letters are sent to the legal address on file with the Tax Assessor’s Office. It is the owner’s responsibility to keep this information current. If the property owner does not abate the identified hazards, the County contractor will complete the work. The property owner is responsible for paying the contractor’s costs and all applicable County administrative fees. All fees are included in the next property tax bill as a special assessment.

The County's contractor utilizes environmentally conscious methods, limiting the use of mowing and/or hand tools to abate hazards. The partnership with Santa Clara County for weed abatement has been integral to maintaining the safety and aesthetics of our community.

DISCUSSION
The Weed Abatement program serves a vital role in preventing risks associated with vegetative overgrowth and the accumulation of combustible materials. For 2023, the Weed Abatement Program Commencement Report identified a total of 123 non-compliant parcels or lots. Among these, 62 parcels necessitated inspection only, incurring a cost of $92 per parcel or lot, for a total of $5,704.

Additionally, 42 parcels failed an inspection, requiring administrative enforcement action at a cost of $611 per parcel or lot, for a total of $25,662. Nineteen (19) required physical abatement by the County’s contractor. The individual parcel abatement fees varied depending on the size of the parcel and the level of abatement. The total abatement costs for 2023 were $73,677.94. The cumulative charges assessed to City of Santa Clara property owners in 2023 totaled $105,043.94 (Attachment 5).

On January 30, 2024, the City Council passed a resolution declaring weeds a nuisance in alignment with Chapter 8.15 of the City Code and scheduling a Public Hearing for February 20, 2024, to allow citizens to express their concerns or objections to the 2024 Weed Abatement Commencement Report (Attachment 4). The Notice to Destroy Weeds and notice of this public hearing was published in the Santa Clara Weekly newspaper on February 7, 2024 and February 14, 2024 in accordance with SCCC 8.15.080 (Attachment 2).

For 2024, the County has identified 228 non-compliant parcels or lots of land in the City of Santa Clara that have been placed on the Commencement Report. In accordance with City Code Sections

8.15.050 and 8.15.060, the Fire Department is seeking Council approval to adopt a resolution ordering the abatement of a nuisance consisting of growing weeds for parcels within the City of Santa Clara (Attachment 1).

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant to section 15308 of Title 14 of the California Code of Regulations as the Weed Abatement Program is authorized by both state and local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment.

FISCAL IMPACT
The County Department of Consumer & Environmental Protection Agency charges for the destruction City of Santa Clara Printed on 2/15/2024Page 2 of 3
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24-1593 Agenda Date: 2/20/2024
or removal of vegetative overgrowth and accumulated combustible materials, including administrative fees. These costs are assessed upon the lot or parcel of land from which vegetation or combustible materials have been destroyed or removed. Such costs shall constitute a lien upon said lots and will be collected upon the next year’s tax roll as a special assessment. In accordance with the 2022 Amended and Restated agreement, if the tax assessments are insufficient to cover the costs of the program, the County will invoice the City for their pro-rata share of the programs’ shortfall each December.

The County has been successful in recovering costs incurred to date, indicating effective financial management. If a shortfall were to occur, the Fire Department would cover the City’s pro-rata share costs in its Community Risk Reduction Division’s Operating Budget.

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

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected]. The Notice of Public Hearing was published in the Santa Clara Weekly newspaper on February 7, 2024 and February 14, 2024 in accordance with SCCC 8.15.080.

RECOMMENDATION

1. Determine the proposed actions are exempt from CEQA pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of Title 14 of the California Code of Regulations;

2. Adopt a Resolution Ordering the Abatement of a Nuisance on 228 Identified Parcels Consisting of Growing Weeds in Accordance with City Code Chapter 8.15 and in Association with the County Weed Abatement Program, for 2023-2024
Reviewed by: Ruben Torres, Fire Chief
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Resolution Ordering the Abatement of Weeds

2. City of Santa Clara Public Notice to Destroy Weeds

3. Fire Safety Through Vegetation Management - Minimum Fire Safety Standards

4. 2024 Weed Abatement Commencement Report

5. 2023 Weed Abatement Program Assessment Report Data Summary City of Santa Clara Printed on 2/15/2024Page 3 of 3
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Resolution/Weed Abatement Program, Ordering the Abatement of a Nuisance Page 1 of 2 Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
*INSERT PURPOSE OF RESOLUTION HERE*

WHEREAS, at a public hearing on February 20, 2024, the City Council of the City of Santa Clara ordered the abatement of weeds growing in the City of Santa Clara, which was previously declared a nuisance on January 30, 2024, in the manner provided in Chapter 8.15 of the Santa Clara City Code;
WHEREAS, the City has entered into an agreement with the County of Santa Clara entitled, “Amended and Restated Agreement between the County of Santa Clara and the City of Santa Clara for Weed Abatement Services," most recently approved on January 11, 2022, a copy of which is on file in the Office of the City Clerk;
WHEREAS, in accordance with Chapter 8.15 of the Santa Clara City Code and Resolution No. 9304 of the City of Santa Clara, the County of Santa Clara, Consumer and Environmental Protection Agency has given notices prior to the abatement of the nuisance by the City; and, WHEREAS, no protests have been received by the City Council protesting the abatement of the nuisance, so the County Consumer and Environmental Protection Agency should abate the nuisance of weeds growing in the City of Santa Clara.

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

1. That the County of Santa Clara, Consumer and Environmental Protection Agency abates the nuisance in the manner provided by the ordinances, rules and regulations of the City. The County Department of Consumer and Environmental Protection Agency is hereby directed to give notice by mail to the owner or owners of each individual parcel of land upon which weeds will be abated by the City at least ten (10) days before abatement. The notice shall be given by mail, addressed to the owner at their last known address, as shown on the last County equalized assessment roll. Meanwhile, and before the expiration of the notification period, any owner may voluntarily abate the nuisance. Said parcel or lot of land will still be added to the Resolution/Weed Abatement Program, Ordering the Abatement of a Nuisance Page 2 of 2 Rev: 7/27/2023
Commencement List for ongoing monitoring.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments incorporated by reference:

1. 1. City of Santa Clara Public Notice to Destroy Weeds

2. Fire Safety Through Vegetation Management – Minimum Fire Safety Standards

3. 2024 County Wee Abatement Comment Report

S:\Attorney\RESOLUTIONS\Form Resolution-City.doc

City of Santa Clara
Notice to Destroy Weeds

NOTICE IS HEREBY GIVEN that on January 30, 2024, pursuant to the provisions of § 8.15 et seq. of the Code of the City of Santa Clara, California, the City Council passed a resolution declaring that all weeds growing upon any private property or in any public street or alley, as defined in § 8.15.010 of the Code of the City of Santa Clara, constitute a public nuisance; this nuisance must be abated by the removal of the weeds.

NOTICE IS FURTHER GIVEN that property owners shall, without delay, remove all weeds from their property and the abutting half of the street in front and alleys, if any, behind the property and between the lot lines as extended, or the weeds will be destroyed or removed and the nuisance abated by the County authorities, in which case the cost of the destruction or removal will be assessed upon the lots and lands from which or from the front or rear of which, the weeds have been destroyed or removed, and the cost will constitute a lien upon the lots or lands until paid, and will be collected upon the next tax roll upon which general municipal taxes are collected.

NOTICE OF PUBLIC HEARING. All property owners wanting to provide input regarding the proposed destruction or removal of the weeds are hereby notified to attend a meeting, either in person or remotely, of the City Council of the City of Santa Clara to be held in the Council Chambers of the City Hall, 1500 Warburton Avenue, Santa Clara, California, on February 20, 2024, at 7:00 p.m., to have their comments heard by the City Council. The link for remote attendance can be found on the City of Santa Clara website.

AMERICANS WITH DISABILITIES ACT (ADA). The City complies with the Americans with Disabilities Act (ADA). If you need additional information or assistance, please contact the City’s ADA Coordinator at (408) 615-3000.

MINIMUM FIRE SAFETY STANDARDS (MFSS)

Fire Safety
Through
Vegetation
Management

Fire Resistant Landscaping

Santa Clara County
Consumer and Environmental
Protection Agency

Weed Abatement Program

1553 Berger Drive #1

San Jose, Ca 95112

Phone (408) 282-3145

Fax: (408) 286-2460

[email protected]

1. Vegetation must not exceed 6 inches in height any time after the compliance deadline .

2. Maintain grasses and weeds below 6 inches for 10 feet horizontally on both sides of all roadways, including driveways and access routes. Roads and driveways must maintain a clearance of 10’ W by 13’6” H for all vegetation.

3. Clear flammable vegetation a minimum of 30 feet around any structure, occupied or not. Ornamental vegetation should be kept clear of dead material. Some conditions, such as slopes, may require up to a 100 foot clearance.

4. Parcels one acre or less shall be completely abated. Parcels over one acre up to five acres require 30 foot clearance around structures and perimeter property lines. Additional 30 foot cross fuel breaks may also be required.

5. Parcels larger than five acres require 30 foot clearance around structures and perimeter property lines in addition to 30-foot cross fuel breaks as needed to separate the remaining vegetation into sections no larger tha n five acres.

6. Keep property clear of accumulation of combustible debris, such as trash, wood, and dead vegetation. Stacked firewood and neatly piled yard waste is not considered to be combustible debris.

7. Keep vegetation cleared from under the eaves of houses.

8. Trim tree branches to at least 10 feet away from chimneys. Trim tree branches up from the ground to provide at least 6 feet of vertical clearance.

9. Clear leaves, pine needles and debris from roof and gutters.

The following is a partial list of fire resistant plants that you may choose to use around your home to reduce the risk of fire. Contact your local nursery for selections appropriate to your area. All grasses, including those purportedly fire resistant, must be maintained below 6” in height.

Trees:

African Sumac
California Pepper
Shrubs:

Bearberry
Carmel Creeper
Carolina Cherry
Catalina Cherry
Escallonia
Hopseed Bush
Lemonade Berry

Groundcover:

Aaron’s Beard
Australian Daisy
Candytuft
Sterile Capeweed
Freeway Daisy
Rock Rose (except Gum
Variety)

Maintain
minimum 30' clearance of brush
and combustible vegetation
around all structures . a
~
Stack
woodpiles
fences and
materials .

Dispo se
of trash , refuse , rubbish , trimmings and
other combustible debris by havina it
hauled to local L and Fill. ·
Trim
overhanging trees
10' from chimney.

Limb large trees
around structures .
a ~----
Trim
overhanging trees
10' from chimney.

Limb large trees
around structures .

Maintain
Clear
leaves, twigs and other
combustible debris off
roof .

Clear
combustible vegetation
and debris from beneath
decks.

Clear
house number , in an emergency ,
the address should be easily seen
andreadable from the street.
the grasses and weeds on your property below 6 ". Areas of 1 acre or more may be completely disced , fire broken or grazed with perimeters maintained . Please call for requirements for your particular parcel .

The Santa Clara County Weed
Abatement Program
The Santa Clara County Consumer and Environmental Protection Agency and your city are working together to protect your community from fire. We need your help. Please read and follow the directions provided in this brochure regarding fire prevention on your property. The purpose of the Weed Abatement Program is to prevent fire hazards posed by vegetative growth and the accumulation of combustible materials.

The Weed Abatement program is entirely funded from fees charged to residents. Fees will be assessed for any property in the program.

This is to cover the cost of the compliance inspection for the property. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement. If the property requires abatement by the County contractor, the property owner will be responsible for the actual cost of abatement plus an administrative fee. Properties that meet and maintain the minimum fire safety standards will not be charged other than the annual fee.

Program staff annually inspect parcels at the beginning of the fire season, which is typically in March or April depending on your jurisdiction. If the parcel is not in compliance at the time of inspection, the property owner will be charged a failed inspection fee, and the owner will be sent a courtesy notice as a reminder to abate the weeds. If the weeds are not abated by the property owner, the work will be complet ed by the County contractor. The property owner will pay the contractor’s fees plus a County administrative fee. All fees will be included in your property tax bill.

Our Goal Is Voluntary Compliance
Property Owner’s Responsiblilities
• Do not allow a fire hazard to exist on your property. The Minimum Fire Safety Standards (MFSS) in this brochure give you guidelines to follow in order to maintain your property and protect against a fire hazard. Please contact our office if you need guidan ce or have any questions regarding the requirements!
• Make arrangements to have your property maintained throughout the year. Contractors can be found in the yellow pages. You may choose to have the County contractor maintain your property. A current price list is included in your packet.
• Please complete and return the Reply Form provided in your mailing packet by the date on the form. Indicate your preference regarding performance of weed abatement services.

Program Staff Responsibilities
• Weed Abatement Inspectors will perform periodic inspections on all parcels included in the Santa Clara County Weed Abatement Program. Properties that fail the compliance inspection will be charged a failed inspection fee, even if the resident completes the weed abatement.

• Inspectors will order the County contractor to perform all necessary abatement work on any parcel where the MFSS are not met. An attempt will be made to give the owner a courtesy notice prior to releasing the work order.
• The County contractor uses several methods of abatement including discing and handwork. The property owner is free to select whatever method they choose, provided the MFSS of all federal, state and local laws are met.
• The Weed Abatement Program will place inspection costs and the charges for County contractor services plus a County administrative fee on the property owner’s tax bill during the next fiscal year.

Burrowing Owls

Frequently Asked Questions
Q. Why have I received an Abatement Notice?
A. Typically, a property is placed on the program if a Weed Abatement Inspector identified a potential fire hazard on the property. Fire Departments and other agencies also submit complaints to the Weed Abatement Program.

Q. What is required of me now that I am in the Program? A. All property owners are required to maintain their property free of fire hazards throughout the year.

Q. The grasses planted on my property are fire resistant. Are they exempt from the Weed Abatement program?
A. No. Even grasses that possess some fire resistant qualities are not fire proof, and they can add fuel to any site that is subject to a fire. Additionally, fire resistant grasses are rarely found in a pure, homogenous stand but rather are usually found to occur mixed with other common introduced annual grasses that are highly flammable and hazardous in a fire event. Finally, many grasses occur in Santa Clara County and species identification is difficult in the field, especially after the spring when the reproductive portions required for identification have dried and dispersed. Weed Abatement Inspectors can only focus on the presence of grasses and weeds on your property and the Minimum Fire Safety Standards, and not on grass species identification. Therefore, all grasses are required to be below 6 inches in height.

Q. What is the SC County Weed Abatement Program?
A. This is a monitoring program and our primary objective is voluntary compliance. See the first two paragraphs of this brochure for further specifics.

These small owls nest in abandoned ground squirrel
burrows. Discing collapses the burrows and kills the young.

These owls are listed as a state Species of Special Concern and are protected by the federal Migratory Bird Treaty Act. If you suspect burrowing owls on your property you must use another form of weed abatement such as mowing or weed-
eating. If you request the County perform abatement
services, please notify program staff or your City if burrowing owls are known to exist on your property.

More FAQ:

Q. How long will I be on the Program?
A. Your property will remain on the Program for three years. If no hazards are found during that time, your property may be removed from the program.

Q. How much will this cost me?
A. There will be an annual fee to cover the cost of the compliance inspection. If the parcel does not meet the MFSS when it is first inspected in the spring, or if work is required by the County contractor, you will be charged additional fees. Our goal is to ensure that the MFSS are met at the lowest possible cost to the property owner.

Q. How will I be billed?
A. Any charges for the inspection and any abatement work performed will appear as a special assessment on your next property tax bill.

Q. Why have you performed work on my property while the vegetation is still green?
A. Grass, weeds or piles of combustible debris have been declared a public nuisance by your jurisdiction. Abating fire hazards in the spring minimize s the volume of combustible material before the hazards increase and dries out completely during the peak fire season.

Q. Will you notify me prior to beginning abatement work? A. Property owners are responsible for preventing fire hazards on their property. If the MFSS have been met, but further work is necessary, you will receive notice prior to the County contractor performing the work. If the MFSS have not been met, an attempt will be made to give the owner a courtesy notice prior to initial abatement.

Q. Where can I find someone to provide abatement
services?
A. Weed Abatement contractors can be found in the Yellow Pages under “Weed Control Services” or “Discing Services”.

You may have the County contractor perform the necessary work; see your mailing packet for a current price list as administrative costs are charged.

Q. How can I get additional information or assistance
regarding the specific requirements for my property?
A. Weed Abatement Inspectors are available to assist you and answer your questions. Please call our Customer Service line at (408) 282-3145 to schedule a consultation with program staff or to obtain additional information.

Q. I have Grazing Animals do I need to perform abatement? A. Grazing animals do not absolve you of your responsibilities to provide a fire safe condition on your property. You will need to check with our office to determine if grazing is adequate or if additional work is required.

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Exhibit A
TASMAN EAST PARCEL 5 OWNER LLC 60 COLUMBUS CIR NEW YORK NY 10023 70002220 CALLE DE 097-05-0571 NASH-HOLLAND CALLE DE LUNA 1111 MAIN ST STE 700 VANCOUVER WA 98660 70002200 CALLE DE 097-05-0582 LAFAYETTE CDM APARTMENTS LLC 3000 EXECUTIVE PKWY UNIT SAN RAMON CA 94583 70002333 CALLE DEL 097-05-1103 YABES, AURELIO B AND CARMELITA 3928 CAXTON CT SAN JOSE CA 95130-1211 70001673 EISENHOWER DR 097-17-0134 DILLON, KATHLEEN A 1861 NELSON DR SANTA CLARA CA 95054-1647 70001861 NELSON DR 097-19-0405 TRUE SOLAR USA INC 2272 CALLE DEL MUNDO SANTA CLARA CA 95054-1005 70002272 CALLE DEL 097-46-0256 CI-GS TASMAN EAST APARTMENTS 750 BERING DR STE 200 HOUSTON TX 77057 70002230 CALLE DEL 097-46-0277 TASMAN ASL PROPCO LLC 44 MONTGOMERY ST STE SAN FRANCISCO CA 94104 70002350 CALLE DEL 097-46-0318 RCR TASMAN I LLC 44 MONTGOMERY ST STE SAN FRANCISCO CA 94104 70002300 CALLE DEL 097-46-0329 RCR TASMAN I LLC 44 MONTGOMERY ST STE SAN FRANCISCO CA 94104 70005150 CALLE DEL 097-46-03310 NGUYEN, NGUYEN HOANG AND 1533 SILVER RANCH LN SAN JOSE CA 95138-0000 70003590 HAIG ST 101-07-00211 AZUL, EDWIN C AND EVANGELINE B 982 LAURIE AVE SANTA CLARA CA 95054-2243 7000982 LAURIE AV 101-07-02012 KARNAD, NIKHIL AND KAWLEKAR , 3523 MACINTOSH ST SANTA CLARA CA 95054-2246 70003523 MACINTOSH ST 101-07-03913 GAVINA, ROMEL R ET AL 3533 MACINTOSH ST SANTA CLARA CA 95054-2246 70003533 MACINTOSH ST 101-07-04014 WANG, ZIHANG 3563 MACINTOSH ST SANTA CLARA CA 95054-2246 70003563 MACINTOSH ST 101-07-04315 WLASCHIN, ROBERT A AND CHAN , 3542 MACINTOSH ST SANTA CLARA CA 95054-2245 70003542 MACINTOSH ST 101-07-05916 NOKLEBY, JAMES D AND ELSA M 2950 SIERRA SUNRISE TER CHICO CA 95928 70003539 MACGREGOR LN 101-08-01917 KOUVALAS-PREW, PAULINE F PO BOX 6604 SAN JOSE CA 95150 7000512 ALDO AV 101-09-01318 TRAN, TRUNG AND DO , THUY BICH 973 LAURIE AVE SANTA CLARA CA 95054-2242 7000973 LAURIE AV 101-22-02919 SOUTHERN PACIFIC 65 CAHILL ST SAN JOSE CA 95110 7014GREAT 104-01-07720 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME CA 94010 70294850 OLD DR 104-04-06421 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME CA 94010 70292950 DEMOCRACY WY 104-04-06522 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME CA 94010 70294805 PATRICK DR 104-04-11123 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME CA 94010 70294855 PATRICK DR 104-04-11224

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Exhibit A
INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME CA 94010 70293050 DEMOCRACY WY 104-04-11325 SAN FRANCISCO CITY AND COUNTY 525 GOLDEN GATE AV 10TH SAN FRANCISCO CA 94102 7029PATRICK DR 104-04-12126 3055 PATRICK HENRY DEVELOPMENT 950 TOWER LN STE 870 FOSTER CITY CA 94553 70293055 PATRICK DR 104-04-13627 INNOVATION COMMONS OWNER LLC 433 AIRPORT BLVD STE 426 BURLINGAME CA 94010 70293005 DEMOCRACY WY 104-04-14328 INNOVATION COMMONS OWNER LLC 4995 PATRICK HENRY DR SANTA CLARA CA 95054-1823 70295010 OLD DR 104-04-15129 MULTANI, AMARJIT S 4625 LAKESHORE DR SANTA CLARA CA 95054-1338 70144625 LAKESHORE DR 104-05-09230 BHATNAGAR, AMIT AND OZA , 2335 ALCALDE ST SANTA CLARA CA 95054-1305 70142335 ALCALDE ST 104-05-10331 HILARIO, RUFINA F TRUSTEE 2355 ALCALDE ST SANTA CLARA CA 95054-1305 70142355 ALCALDE ST 104-05-10532 NGUYEN, PHUONG THANH AND 2635 BRITT WAY SAN JOSE CA 95148-2573 70142375 ALCALDE ST 104-05-10733 CARTER, SCOTT D AND YU , YEE L 900 BIRCH AVE SUNNYVALE CA 94086-5139 70142336 SILVERIA CT 104-05-11234 LAI, TZER S TRUSTEE & ET AL 2337 SILVERIA CT SANTA CLARA CA 95054-1352 70142337 SILVERIA CT 104-05-11335 VU, TO HOAI THI 4767 GILLMOR ST SANTA CLARA CA 95054-1325 70144767 GILLMOR ST 104-05-11636 VNUS INVESTMENT GROUP LLC 7300 ALEXIS MANOR PL SAN JOSE CA 95120-0000 7014FILMORE ST 104-10-07737 SU, JUNJIE AND ZHONG , XIAO HUA 13091 WAR BONNET ST SAN DIEGO CA 92129 70144354 DAVIS ST 104-11-02038 SOUTHERN PACIFIC BASSETT ST SANTA CLARA CA 95054-0000 7014BASSETT ST 104-11-08239 MARUTI BUILDERS LLC 859 ALISAL CT MILPITAS CA 95035-4501 7014CHEENEY ST 104-12-02540 MARUTI BUILDERS LLC 859 ALISAL CT MILPITAS CA 95035-4501 7014CHEENEY ST 104-12-02641 SOUTHERN PACIFIC BASSETT ST SANTA CLARA CA 95054-0000 7014BASSETT ST 104-12-15442 SOUTHERN PACIFIC BASSETT ST SANTA CLARA CA 95054-0000 7014BASSETT ST 104-12-16243 AMAZON DATA SERVICES INC P.O. BOX 80416 SEATTLE WA 98108-0416 7014MISSION BL 104-13-10344 SOUTHERN PACIFIC 65 CAHILL ST SAN JOSE CA 95110 7014BASSETT 104-14-14545 TERRENO MIDDLEBROOK LLC 101 MONTGOMERY ST STE SAN FRANCISCO CA 94104 70143660 THOMAS RD 104-14-17146 SOUTHERN PACIFIC BASSETT ST SANTA CLARA CA 95054-0000 7014BASSETT ST 104-38-00147 FREEDOM CIRCLE VENTURE LLC 450 SANSOME ST STE 500 SAN FRANCISCO CA 94111 7029FREEDOM CR 104-40-02148

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Exhibit A
FREEDOM CIRCLE VENTURE LLC 450 SANSOME ST STE 500 SAN FRANCISCO CA 94111 70293925 FREEDOM CR 104-40-03649 GORDON, KEVIN AND HO , EMILY 10420 MIGUELITA RD SAN JOSE CA 95127-2716 70144546 LAKESHORE DR 104-45-01150 CRAWLEY, WILLIAM L TRUSTEE & ET 2368 SAWYER CT SANTA CLARA CA 95054-1348 70142368 SAWYER CT 104-46-03251 RANGEL, ANTHONY T AND MISTY 2343 RAMBO CT SANTA CLARA CA 95054-1340 70142343 RAMBO CT 104-46-07252 CHEPULSKYY, ROMAN AND 2782 LYLE CT SANTA CLARA CA 95051-3024 70142782 LYLE CT 216-02-07753 JAIN, VARUN AND HRISHIKESH , 586 JAYNE CT SAN JOSE CA 95133-0000 70142722 LYLE CT 216-02-07954 CHEN, ZIXU ET AL 2116 QUINN AVE SANTA CLARA CA 95051-1839 70142116 QUINN AV 216-09-06955 ADISESHAN, MAMTHA 2473 ELLIOT ST SANTA CLARA CA 95051-1864 70142473 ELLIOT ST 216-11-06456 KOZDON, PETER J AND SUSAN E 2252 PYLE CT SANTA CLARA CA 95051-1852 70142252 PYLE CT 216-11-07057 BROWN, CHRISTIANE M TRUSTEE 2105 QUINN SANTA CLARA CA 95051 70142105 QUINN 216-11-07858 CAI, HAOWEI ET AL 2475 PAINTED ROCK DR SANTA CLARA CA 95051-1121 70792477 PAINTED ROCK DR 216-16-00759 LINDSEY, CONCEPCION TRUSTEE 898 AMADOR AVE SUNNYVALE CA 94085-3427 70792485 PAINTED ROCK DR 216-16-00860 FILES, NANCY D 2495 PAINTED ROCK DR SANTA CLARA CA 95051-1121 70792495 PAINTED ROCK DR 216-16-00961 XU, STEVEN P ET AL 2515 PAINTED ROCK DR SANTA CLARA CA 95051 70792515 PAINTED ROCK DR 216-16-01162 SHEN, HUA AND TIAN , TIAN 2516 PARKLAND CT SANTA CLARA CA 95051-1127 70792516 PARKLAND CT 216-16-02663 SUTHAR, TUSHAR K AND SNEHAL T 2086 SILENCE DR SAN JOSE CA 95148-1918 70142305 AMETHYST DR 216-17-00664 BURMAN, BRADLEY P 2968 CHROMITE DR SANTA CLARA CA 95051-1110 70142968 CHROMITE DR 216-18-03865 UY, TESIN T TRUSTEE 668 BANCROFT ST SANTA CLARA CA 95051-5656 70142948 CHROMITE DR 216-18-04066 TOORANS, SUE M 2552 PAINTED ROCK DR SANTA CLARA CA 95051-1124 70792552 PAINTED ROCK DR 216-19-03567 SV VENTURES USA LLC 35828 ASHTON PL FREMONT CA 94536 70792492 PAINTED ROCK DR 216-19-04168 YU, DENNIS AND TAO , ZUI 2452 PAINTED ROCK DR SANTA CLARA CA 95051-1122 70792452 PAINTED ROCK DR 216-19-04569 TT INVESTMENT PROPERTIES LLC 2225 SHERWIN AVE SANTA CLARA CA 95050-5112 70792427 AMETHYST DR 216-19-05770 WANG, ZHUOXIAN 2437 AMETHYST DR SANTA CLARA CA 95051-1136 70792437 AMETHYST DR 216-19-05871 STRUTNER, KOOGEELAM 2517 AMETHYST DR SANTA CLARA CA 95051-1138 70792517 AMETHYST DR 216-19-07072

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Exhibit A
JIANG, CHENZI AND CHEN , ZIXING 2533 AMETHYST DR SANTA CLARA CA 95051-1138 70792533 AMETHYST DR 216-19-07473 PHAM, ALEXANDER TUAN TRUSTEE 3619 IMPRESARIO WAY SAN JOSE CA 95127-0000 70792625 MEADOWBRO DR 216-19-07774 TANAKA, MAILA 2532 AMETHYST DR SANTA CLARA CA 95051-1139 70792532 AMETHYST DR 216-20-08275 WEN, JIDA 267 ALTURAS AVE SUNNYVALE CA 94085-3001 70792526 AMETHYST DR 216-20-08376 HARO, ANDREA R TRUSTEE 2426 AMETHYST DR SANTA CLARA CA 95051-1137 70792426 AMETHYST DR 216-20-09777 TALLA, SAHAJANANDA AND THOTA , 2536 AMETHYST DR SANTA CLARA CA 95051-1155 70792536 AMETHYST DR 216-22-07278 CS LAKESIDE SANTA CLARA LLC 17 COPORATE PLAZA UNIT NEWPORT BEACH CA 92660 70142900 LAKESIDE DR 216-30-04879 BXP PETERSON LP 4 EMBARCADERO CTR SAN FRANCISCO CA 94111 70143635 PETERSON WY 216-30-04980 BELARDES, MARCUS J AND DENISE E 2101 ROCKHURST CT SANTA CLARA CA 95051-1927 70142101 ROCKHURST CT 220-13-04181 CHUN, YOUNGIL TRUSTEE & ET AL 1451 W BOROS CT LA HABRA CA 90631 70143565 NOTRE DAME DR 220-18-02882 WENTZ, DEE TRUSTEE POB 111597 CAMPBELL CA 95011-1597 70143036 SAN JAUN AV 220-22-05383 MENG, PENGQUAN ET AL 2230 SANTA CRUZ AVE SANTA CLARA CA 95051-1658 70142230 SANTA CRUZ AV 220-22-12184 LAMACHY, BARBARA J 3121 SANTA MARIA AVE SANTA CLARA CA 95051-1619 70143121 SANTA MARIA AV 220-22-12485 LI, BING AND XUE , FENG 3131 SANTA MARIA AVE SANTA CLARA CA 95051-1619 70143131 SANTA MARIA AV 220-22-12586 ZHOU, ZILONG 3171 SANTA MARIA AVE SANTA CLARA CA 95051-1619 70143171 SANTA MARIA AV 220-22-12987 STERN, MICHAEL AND SHAANOVA , 3705 TERSIENA PL UNIT 207 SANTA CLARA CA 95051 70142110 VENTURA PL 220-23-02788 MINELL, CHRISTINA L 2129 VENTURA PL SANTA CLARA CA 95051-1623 70142129 VENTURA PL 220-24-00189 KWAN, WILSON 2148 SANTA CRUZ AVE SANTA CLARA CA 95051-1646 70142148 SANTA CRUZ AV 220-24-03290 TOH, YUTING ET AL 3040 SANTA MARIA AVE SANTA CLARA CA 95051-1647 70143040 SANTA MARIA AV 220-24-06091 FUNG KWOK WING AND CARRIQ 2368 SHORESIDE CT SANTA CLARA CA 95054 070002763 CABRILLO AV 220-25-10592 YOU, ZEYU 2132 BOWERS AVE SANTA CLARA CA 95051-1830 70142132 BOWERS AV 220-26-01293 TENORIO, MARIA I 2225 AMETHYST DR SANTA CLARA CA 95051-1748 70142225 AMETHYST DR 220-26-04594 HUSTON, T M 2973 JERALD AVE SANTA CLARA CA 95051-2927 70142973 JERALD AV 220-32-03395 L.A.W. LLC 330 COMMERCIAL ST SAN JOSE CA 95112-4403 7000850 WALSH AV 224-04-00596

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Exhibit A
WITKIN PROPERTIES LP 188 TWIN OAKS DR LOS GATOS CA 95032-5649 70002717 LAFAYETTE ST 224-04-06297 MARTIN AVENUE PROPERTIES LLC 2820 NORTHWEST PKWY SANTA CLARA CA 95051 7000631 MARTIN AV 224-04-07198 HARO, ESTANISLAO T AND MARTHA 12395 COLUMBET AVE SAN MARTIN CA 95046 7000614 WALSH AV 224-04-07599 AMAZON.COM SERVICES LLC PO BOX 80416 SEATTLE WA 98108 7000960 CENTRAL EX 224-07-099100 NG, ELLEN YING 2347 WARBURTON AVE SANTA CLARA CA 95050-4033 70142347 WARBURTON AV 224-13-006101 PRABHAKAR, SUNIL AND 1754 LOS PADRES BLVD SANTA CLARA CA 95050-4022 70141754 LOS PADRES BL 224-13-072102 WANG, YALI ET AL 1210 SHAFFER RD UNIT 1210 SANTA CRUZ CA 95060 70141680 LOS PADRES BL 224-14-001103 OSTERELLO, MICHAEL D ET AL 2330 BRAY AVE SANTA CLARA CA 95050-4010 70142330 BRAY AV 224-14-072104 AL-HEMYARI, KADHAIR 2382 WARBURTON AVE SANTA CLARA CA 95050-4061 70142382 WARBURTON AV 224-14-107105 OAKLAND REALTY LOAN SERVICE PO BOX 450 KINGSBURG CA 93631 70142277 EL CAMINO 224-15-034106 DECOT, DAVID C 1693 LOS PADRES BLVD SANTA CLARA CA 95050-4042 70141693 LOS PADRES BL 224-17-054107 LI, LUPING AND DAI , YUQIONG 1775 LOS PADRES BLVD SANTA CLARA CA 95050-4021 70141775 LOS PADRES BL 224-17-060108 CHU, JACOB AND JENNIFER N 1971 MENZEL PL SANTA CLARA CA 95050-3617 70141971 MENZEL PL 224-19-023109 KALASHNIKOV, MAX 2252 CABRILLO AVE SANTA CLARA CA 95050-3616 70142252 CABRILLO AV 224-19-053110 POLON, JOAN TRUSTEE 2075 CABRILLO AVE SANTA CLARA CA 95050-3612 70142075 CABRILLO AV 224-19-093111 LEMMON, GALEN L TRUSTEE & ET AL 1591 CARMEL DR SAN JOSE CA 95125-1863 70142255 CABRILLO AV 224-19-108112 ZHENG, DAO-CHEN AND WANG , HUI 7911 OCTOBER WAY CUPERTINO CA 95014-4124 70001857 CABRILLO AV 224-21-021113 DHOPLE, DANIKA M TRUSTEE 1836 CABRILLO AVE SANTA CLARA CA 95050-3707 70001836 CABRILLO AV 224-21-028114 HU, WEIZE 1282 CABRILLO AVE SANTA CLARA CA 95050-3502 70001282 CABRILLO AV 224-22-086115 KAUR, DALJIT 10074 DONA NEELY WAY ELK GROVE CA 95757 70001922 MAIN ST 224-23-011116 MONACO, LEWIS F ET AL 1918 MAIN ST SANTA CLARA CA 95050 70001918 MAIN ST 224-23-013117 LE, DUC 1975 MAIN ST SANTA CLARA CA 95050-3808 70001975 MAIN ST 224-23-051118 SERASSIO, JAMES P TRUSTEE 1688 MAIN ST SANTA CLARA CA 95050-4245 70001688 MAIN ST 224-26-021119 LUK, AMY P H TRUSTEE 3410 GEARY BLVD STE #343 SAN FRANCISCO CA 94118 70001871 MAIN ST 224-27-089120

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Exhibit A
CHENG, TAI-ENN AND LO , VICKIE 1611 MAIN ST SANTA CLARA CA 95050 70001611 MAIN ST 224-28-010121 ARCHIBEQUE, FLORA A 5520 MAPLECREST CT SAN JOSE CA 95123-3025 70001621 MAIN ST 224-28-011122 LE, TOM TUONG QUOC TRUSTEE 9453 EL VALLE AVE FOUNTAIN VALLEY CA 92708 7000998 CIVIC CENTER DR 224-28-053123 CHEUNG, YUK FAN TRUSTEE 2019 BROWN CT SANTA CLARA CA 95051-2314 70142391 CABRILLO AV 224-31-031124 ANSARI, BIJAN 2028 STAATS WAY SANTA CLARA CA 95050-3333 70142028 STAATS WY 224-31-090125 HOANG, VINH Q 4271 RUBY AVE SAN JOSE CA 95135-0000 70142245 ELLENA DR 224-32-085126 HOANG, VINH Q 4271 RUBY AVE SAN JOSE CA 95135-0000 70142265 ELLENA DR 224-32-087127 CHAN, KWOKKIN CLARENCE AND 2051 JUNCTION AVE STE. 108 SAN JOSE CA 95131-2100 70142266 PASETTA DR 224-32-095128 ORLANDO-HINZ, MARIA TRUSTEE 860 HERMISTON DR SAN JOSE CA 95136-1512 70001061 RICHARD AV 224-62-022129 ETTEFAGH, FARAJOLLA TRUSTEE & 2342 STEVENS CREEK BLVD SAN JOSE CA 95128 70002250 DE LA CRUZ BL 230-03-077130 NEWARK GROUP INDUSTRIES INC 525 MATHEW ST SANTA CLARA CA 95050-3001 7000525 MATHEW ST 230-03-090131 DP VENTURES LLC 555 TWIN DOLPHIN DR UNIT REDWOOD CITY CA 94065 70002290 DE LA CRUZ BL 230-03-092132 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 07-000CENTRAL 230-03-094133 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 07-000230-03-095134 C1-SANTA CLARA LLC 2101 CEDAR SPRINGS RD STE DALLAS TX 75201 7000595 MARTIN AV 230-03-105135 KAPITAL ALAMEDA LLC 1999 S BASCOM AVE UNIT 250 CAMPBELL CA 95008 70002655 THE ALAMEDA 230-12-012136 SHEN, YICHAO AND ZHENG , 193 ATHENA CT MOUNTAIN VIEW CA 94043-0000 70031204 SHERWOOD AV 230-16-030137 INTERNATIONAL UNION OF 1620 N MARKET BLVD SACRAMENTO CA 95834 7000425 MATHEW ST 230-47-093138 KUNG, ALMA AND SHEN , ANGELA 1241 GAINSBOROUGH DR SUNNYVALE CA 94087-2714 70001695 FREMONT ST 269-12-019139 RAWLS, TAMLYN V 1154 MADISON ST SANTA CLARA CA 95050-4757 70001154 MADISON ST 269-13-034140 VELASCO, BAMBI ET AL 6239 PECAN AVE UNIT 2 ORANGEVALE CA 95662 70001106 MONROE ST 269-13-062141 KILIG 1031 LLC ET AL 1225 ALTAMEAD DR LOS ALTOS CA 94024-5557 70001175 FAFAYETTE ST 269-16-056142 MAVERICK, MURIEL E TRUSTEE 1945 MURGUIA AVE SANTA CLARA CA 95050-6933 70141945 MURGUIA AV 269-31-014143 BROWN, JENNIFER NICOLE 884 S BERNARDO AVE SUNNYVALE CA 94087-1527 7014689 MORENO LN 269-31-056144

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Exhibit A
DRISKELL, JEFFREY 2013 STANLEY AVE SANTA CLARA CA 95050-5718 70142013 STANLEY AV 269-39-021145 DE SOUSA PINTO, JOAO MOREIRA 2245 NEWHALL ST SANTA CLARA CA 95050-5810 70002245 NEWHALL ST 269-58-014146 MATUSICH, WILLIAM TRUSTEE & ET 2323 S BASCOM AVE CAMPBELL CA 95008 70143590 EL CAMINO 290-01-115147 MATUSICH, WILLIAM TRUSTEE & ET 2323 S BASCOM AVE CAMPBELL CA 95008 70143570 EL CAMINO 290-01-117148 PACIFIC BELL EL CAMINO REAL SANTA CLARA CA 95051-0000 7014EL CAMINO 290-02-087149 US ALLIANCE HOLDEN OF 2525 E CAMELBACK RD STE PHOENIX AZ 85016 70142240 EL CAMINO 290-10-090150 US ALLIANCE HOLDEN OF 2525 E CAMELBACK RD STE PHOENIX AZ 85016 70142238 EL CAMINO 290-10-091151 TOBACCO, RICHARD J 1118 LAS PALMAS DR SANTA CLARA CA 95051-3922 70141118 LAS PALMAS DR 290-14-095152 IBRAGIMOV, EEDEM AND GRIGINA , 1295 BUCHANAN DR SANTA CLARA CA 95051-3950 70141295 BUCHANAN DR 290-14-144153 GUINASSO, EDWIN A TRUSTEE 1355 BUCHANAN DR SANTA CLARA CA 95051-3950 70141355 BUCHANAN DR 290-14-150154 OTZMAN, CAMERON AND YI CHUN 1226 BUCHANAN DR SANTA CLARA CA 95051-3963 70141226 BUCHANAN DR 290-14-163155 FOSTER, JOSEPH A ET AL 1177 WHITE DR SANTA CLARA CA 95051-3933 70141177 WHITE DR 290-14-180156 SCHULTZ, JANET TRUSTEE 2991 ORTHELLO WAY SANTA CLARA CA 95051-3756 70142991 ORTHELLO WY 290-17-082157 OPRICA, DAN 3012 ORTHELLO WAY SANTA CLARA CA 95051-3758 70143012 ORTHELLO WY 290-18-006158 YAMAICHI, RUSSELL J TRUSTEE 2932 ORTHELLO WAY SANTA CLARA CA 95051-3768 70142932 ORTHELLO WY 290-18-010159 XIONG, CHENGYU AND DENG , 1055 S BLANEY AVE SAN JOSE CA 95129 70142852 ORTHELLOS WY 290-18-014160 TO, DUC TAN AND NGUYEN , 3129 BUTTE ST SANTA CLARA CA 95051-3711 70143100 HUMBOLT AV 290-19-019161 WHEATON, MARTIN D AND 3100 ORTHELLO WAY SANTA CLARA CA 95051-3760 70143100 ORTHELLO WY 290-19-047162 LI, YUXIN AND ZHAO , GUOPING 1118 GREYSTONE ST STILLWATER OK 74074 7014978 WHITE DR 290-30-008163 CHIGOZIE LLC 2645 ADMIRAL CIR HAYWARD CA 94545 7014970 WHITE DR 290-30-010164 LIN, THURA AND JENNY C T 944 WHITE DR SANTA CLARA CA 95051-5315 7014944 WHITE DR 290-30-014165 GREAT NEIGHBOR FOUNDATION 940 WHITE DR SANTA CLARA CA 95051-5315 7014940 WHITE DR 290-30-015166 AGUILERA, RALPH D AND M C 2551 PATRICIA DR SANTA CLARA CA 95051-5326 70142551 PATRICIA DR 290-31-002167 HOFFMAN, JAMES H AND LINDA E 2557 PATRICIA DR SANTA CLARA CA 95051-5326 70142557 PATRICIA DR 290-31-003168

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Exhibit A
2513 HAYWARD DRIVE LLC 78 ROBLEDA DR ATHERTON CA 94027 70142513 HAYWARD DR 290-31-052169 MORRILL, WESTBROOK K III AND 2509 HAYWARD DR SANTA CLARA CA 95051-5303 70142509 HAYWARD DR 290-31-053170 ENYEDI, ROBERT AND DANIELA 1014 LAS PALMAS DR SANTA CLARA CA 95051-5309 70141014 LAS PALMAS DR 290-31-054171 TANG, YUAN 953 WHITE DR SANTA CLARA CA 95051-5314 7014953 WHITE DR 290-31-069172 ZHAI, YAN AND ZHOU , WENXUAN 1088 BLACKFIELD CT SANTA CLARA CA 95051-5301 70141088 BLACKFIELD CT 290-32-008173 LIN, MARIAN CHUNG-HUI TRUSTEE 1078 BLACKFIELD CT SANTA CLARA CA 95051-5301 70141078 BLACKFIELD CT 290-32-009174 ZHU, XINLIANG AND GUO , ZHENG 111 N RENGSTORFF AVE UNITMOUNTAIN VIEW CA 94043 70142572 PATRICIA DR 290-38-036175 APEX FUND LLC 2891 HOMESTEAD RD SANTA CLARA CA 95051-5223 70142891 HOMESTEAD RD 290-39-080176 DIONISIO, JOHN R AND NAHURSKI 1224 BLOCK DR SANTA CLARA CA 95050-4411 70141224 BLOCK DR 290-42-076177 BARTHEL, LEILA E ESTATE OF 3381 PRUNERIDGE AVE SANTA CLARA CA 95051 7014PRUNERIDGE AV 293-08-018178 HENDERSON, WILLIAM C TRUSTEE 3381 PRUNERIDGE AVE SANTA CLARA CA 95051-6400 70143381 PRUNERIDGE AV 293-08-019179 SEIFOLLAHI, JAHANBAKHSH 622 FLANNERY ST SANTA CLARA CA 95051-5545 7014622 FLANNERY ST 293-16-013180 WOODHAM PROPERTY PO BOX 2041 LOS GATOS CA 95031-2041 70142930 HOMESTEAD RD 293-17-084181 RECHARLA, VENKATA NAGA SURESH 617 FLANNERY ST SANTA CLARA CA 95051-5544 7014617 FLANNERY ST 293-18-049182 BRADLEY, JANICE L ET AL 672 TRAMWAY DR MILPITAS CA 95035-3605 7014593 FLANNERY ST 293-19-032183 BROWN, BRENDA J RUCKER 2936 FORBES AVE SANTA CLARA CA 95051-6114 70142936 FORBES AV 293-19-034184 ANDREWS, JOHN R AND SANDRA K 492 WOODHAMS RD SANTA CLARA CA 95051-5629 7014492 WOODHAMS RD 293-20-018185 THAYER, KEVIN 462 WOODHAMS RD SANTA CLARA CA 95051-5629 7014460 WOODHAMS RD 293-20-020186 BRYANT, SCOTT AND SUSIE 2274 FORBES AVE SANTA CLARA CA 95050-5608 70142274 FORBES AV 294-05-005187 THOMPSON, ROSS W AND SUSAN 2264 FORBES AVE SANTA CLARA CA 95050-5608 70142264 FORBES AV 294-05-006188 DEVENDRAPPA, DARSHAN M AND 605 MALARIN AVE SANTA CLARA CA 95050-6958 7014605 MALARIN AV 294-07-021189 MCREYNOLDS, MARILYN L TRUSTEE 623 MALARIN AV SANTA CLARA CA 95050-6958 07-014623 MALARIN AV 294-07-024190 SCHEKALL, STANLEY AND REGINA 635 MALARIN AVE SANTA CLARA CA 95050-6958 7014635 MALARIN AV 294-07-027191 FRANKLIN, ANDREW J AND NICOLA J 653 MALARIN AVE SANTA CLARA CA 95050-6958 7014653 MALARIN AV 294-07-030192

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Exhibit A
LI, JINGJING AND ZHANG , YIQIAN 634 MALARIN AVE SANTA CLARA CA 95050-6942 7014634 MALARIN AV 294-07-051193 SOUZA, ALLAN C ET AL 2257 FORBES AVE SANTA CLARA CA 95050-5631 70142257 FORBES AV 294-08-054194 TRAN, ANDRE HUY ET AL 759 CLARA VISTA AVE SANTA CLARA CA 95050-5152 7014759 CLARA VISTA AV 294-15-042195 ASHRAF, AMEEN AND SHAGUFTA , 758 CLARA VISTA AVE SANTA CLARA CA 95050-5153 70142346 HART AV 294-15-043196 SLUMAN, CHRISTOPHER B AND 725 LOS OLIVOS DR SANTA CLARA CA 95050-5526 7014725 LOS OLIVOS DR 294-15-068197 GEBING, JOHN AND CECILE TRUSTEE 735 LOS OLIVOS DR SANTA CLARA CA 95050-5526 7014735 LOS OLIVOS DR 294-15-070198 KIROS, ESKINDER 759 LOS OLIVOS DR SANTA CLARA CA 95050-5526 7014759 LOS OLIVOS DR 294-15-075199 OCHSNER, TIMOTHY S 2628 FORBES AVE SANTA CLARA CA 95051-6218 70142628 FORBES AV 294-24-017200 LAM, LAISZ D TRUSTEE 2728 FORBES AVE SANTA CLARA CA 95051-6249 70142728 FORBES AV 294-26-021201 FRANCISCO, CHRISTINA 2615 MAPLEWOOD LN SANTA CLARA CA 95051-6235 70142615 MAPLEWOOD LN 294-29-021202 GHIYA, RAKESH AND SHALINI 2771 PRUNERIDGE AVE SANTA CLARA CA 95051-6237 70142771 PRUNERIDGE AV 294-31-038203 SINGH, RAHUL N AND GHOSH , SMITA 2791 PRUNERIDGE AVE SANTA CLARA CA 95051-6237 70142791 PRUNERIDGE AV 294-31-040204 LI, BENNY W AND LUO , YUYA 2790 PRUNERIDGE AVE SANTA CLARA CA 95051-6238 70062790 PRUNERIDGE AV 294-32-034205 GUILLEN, ROBERT S AND KAREN R 199 MICHAEL WAY SANTA CLARA CA 95051-6621 7006199 MICHAEL WY 296-15-038206 CHOK, WYE-CHI AND RACHEL LEIGH 163 CLAREMONT AVE SANTA CLARA CA 95051-6641 7006163 CLAREMONT AV 296-16-015207 WANG, WEN CHUN AND YANG , 92 CLAREMONT AVE SANTA CLARA CA 95051-6640 700690 CLAREMONT AV 296-17-005208 TENG, YIFEI AND ZHAO , AN 113 CLAREMONT AVE SANTA CLARA CA 95051-6641 7006113 CLAREMONT AV 296-17-024209 THODIYIL, JOHN A AND FU , BO LING 5917 ARMAGA SPRING RD RANCHO PALOS CA 90275-4844 70063502 GIBSOM AV 296-18-011210 TIBBETTS FAMILY REVOC TR 8/3/12 11016 162ND AVE NE REDMOND WA 98052 70063498 GIBSON AV 296-18-012211 BRANNAN, JIM 3472 GIBSON AV SANTA CLARA CA 95051-6649 07-0063472 GIBSON AV 296-18-015212 LIN, JIMMY J AND JEANNE C 18300 LEXINGTON DR MONTE SERENO CA 95030-3121 70063562 BENNETT AV 296-18-038213 SA, SILIN AND YANG , YANG 417 S GENEVIEVE LN SAN JOSE CA 95128-5111 70062550 BENNETT AV 296-18-039214 HAMBURGER, MARIA TRUSTEE 158 CLAREMONT AVE SANTA CLARA CA 95051-6642 7006158 CLAREMONT AV 296-19-001215 LEE, CHAYONG AND KIM , HAEJIN 132 CLAREMONT AVE SANTA CLARA CA 95051-6642 7006132 CLAREMONT AV 296-19-005216

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Exhibit A
LEE, MICHAEL EDMUND AND 3483 GIBSON AVE SANTA CLARA CA 95051-6648 70063483 GIBSON AV 296-19-007217 PANDA, SAREETA S AND THOMPSON , 1035 DELNA MANOR LN SAN JOSE CA 95128-3472 70063524 ELMHURST CT 296-19-021218 MEHTA, YATRIK H AND MINAL Y 150 ELMHURST CT SANTA CLARA CA 95051-6647 7006150 ELMHURST CT 296-19-022219 LI, WENHUA AND WANG , 1656 CHANNING AVE PALO ALTO CA 94303-2804 70063472 ELMHURST AV 296-19-027220 HE, JIANG TRUSTEE & ET AL 3491 ELMHURST AVE SANTA CLARA CA 95051-6643 70063491 ELMHURST AV 296-19-031221 CHEN, TAIYING AND SHIH , YING 1600 AMPHITHEATRE PKWY MOUNTAIN VIEW CA 94043-0000 70063533 ELMHURST AV 296-19-036222 RAMESH, SUHAS KUMAR S AND 3551 ELMHURST AVE SANTA CLARA CA 95051-6645 70063551 ELMHURST AV 296-19-039223 CHACE, NANCY L 367 CYPRESS AVE SANTA CLARA CA 95050-6435 7014367 CYPRESS AV 303-06-061224 EVANS FRANCO, KRISTINA TRUSTEE 3605 KIRK RD SAN JOSE CA 95124-3817 7014973 WOOD DUCK CT 313-19-031225 CAMPBELL, JEAN T TRUSTEE 977 WOOD DUCK CT SANTA CLARA CA 95051-4516 7014977 WOOD DUCK CT 313-19-032226 KAISER FOUNDATION HOSPITALS 1 KAISER PLAZA 15TH FL OAKLAND CA 94612 70143800 HOMESTEAD RD 316-09-044227 KAISER FOUNDATION HOSPITALS 1 KAISER PLAZA 15TH FL OAKLAND CA 94612 07-0143800 HOMESTEAD RD 316-09-045228

. Fee Type--· . ·~•···-~·•·••·•····· ··-···~·········
County Abatement Completed
Inspection Failed - Non-Compliance
Passed - Fee
Grand Total
Number of
Properties ........................

19.00 42.00

62.00 123.00
Total Fees Assessed
by County
., --,-~~· ·-·.~,~
73,677.94
25,662.00
105,043.94
PARCEL

STREET TAXROLL

NUMBER PARCEL STREET NAME APN OWNER NAME OWNER STREET ADDRESS CITY STATE ZIP CODE AMT FEE TYPE 2333 CALLE DEL MUNDO 097-05-110 LAFAYITTE CDM APARTMENTS LLC 3000 EXECUTIVE PY 450 SAN RAMON CA 94583 $92.00 Inspection Passed - Fee Only 2232 CALLE DEL MUNDO 097-46-027 GS TASMAN EAST SUBSIDIARY LLC 450 SANSOME ST STE 500 SAN FRANCISCO CA 94111 $92.00 Inspection Passed - Fee Only 2350 CALLE DE LUNA 097-46-031 TASMAN ASL PROPCO LLC 44 MONTGOMERY ST STE 1300 SAN FRANCISCO CA 94104 $92.00 Inspection Passed - Fee Only 2300 CALLE DE LU NA 097-46-032 RCR TASMAN I LLC 44 MONTGOMERY ST STE 1300 SAN FRANCISCO CA 94104 $92.00 Inspection Passed - Fee Only 5150 CALLE DELSOL 097-46-033 RCR TASMAN I LLC 44 MONTGOMERY ST STE 1300 SAN FRANCISCO CA 94104 $92.00 Inspection Passed - Fee Only 3590 HAIG 101-07-002 NGUYEN, NGUYEN HOANG AND HANG LE TRUSTEE 1533 SILVER RANCH LN SANJOSE CA 95138-0000 $92.00 Inspection Passed - Fee Only 3563 MACINTOSH 101-07-043 WANG, ZIHANG 3563 MACINTOSH ST SANTA CLARA CA 95054-2246 $92.00 Inspection Passed - Fee Only 3539 MACGREGOR 101-08-019 NOKLEBY JAMES D AND ELSA M TRUSTEE 1368 BOTTICELLI BND CHICO CA 95928-3846 $92.00 Inspection Passed - Fee Only 2336 SILVERIA 104-05-112 CARTER, SCOTT D AND YU, YEE L 900 BIRCH AV SUNNYVALE CA 94086-5139 $92.00 Inspection Passed - Fee On!y 4352 DAVIS 104-11-020 SU, JUNJIE AND ZHONG, XIAO HUA TRUSTEE 13091 WAR BONNET ST SAN DIEGO CA 92129 $92.00 Inspection Passed - Fee Onlv 2110 AGNEW 104-12-198 LAI, WEINONG AND WANG, YING 258 ALAMEDA DE LAS PULGAS REDWOOD CITY CA 94062 $92.00 Inspection Passed - Fee On!y 3500 THOMAS 104-14-125 LBA RV-COMPANY XII LP 3209 17TH AVE W SEATTLE CA 98119 $92.00 Inspection Passed - Fee Only 3660 THOMAS 104-14-171 TERRENO MIDDLEBROOKLLC 101 MONTGOMERY ST STE 200 SAN FRANCISCO CA 94104 $92.00 Inspection Passed - Fee Only 2125 QUINN 216-11-017 AOL-TABATABAI, ALI 2125 QUINN AV SANTA CLARA CA 95051-1838 $92.00 Inspection Passed - Fee On!v 2516 PARKLAND 216-16-026 SHEN HUA AND TIAN TIAN 2516 PARKLAND CT SANTA CLARA CA 95051 $92.00 Inspection Passed - Fee On!y 2305 AMETHYST 216-17-006 SUTHAR, TUSHAR KAND SNEHAL T 2086 SILENCE DR SAN JOSE CA 95148-1918 $92.00 Inspection Passed -Fee Only 2492 PAINTED ROCK 216-19-041 SV VENTURES USA LLC 35828 ASHTON PL FREMONT CA 94536 $92.00 lnsoection Passed - Fee Only 3036 SANJUAN 220-22-053 WENTZ, DEE TRUSTEE 923 OAKDELL PL SAN JOSE CA 95117-2538 $92.00 Inspection Passed - Fee Only 2129 VENTURA 220-24-001 Ml NELL CHRISTINA L 2129 VENTURA PL SANTA CLARA CA 95051-1623 $92.00 Inspection Passed - Fee Only 2148 SANTACRUZ 220-24-032 KWAN, WILSON 2148 SANTA CRUZ AV SANTA CLARA CA 95051-1646 $92.00 Inspection Passed - Fee Only 2132 BOWERS 220-26-012 YOU,ZEYU 2132 BOWERS AV SANTA CLARA CA 95051-1830 $92.00 Inspection Passed - Fee Only 651 MARTIN 224-04-071 MARTIN AVENUE PROPERTIES LLC 1840 CENTURY PARK EAST STE 1900 LOS ANGELES CA 90067 $92.00 Inspection Passed - Fee On!v 614 WALSH 224-04-075 HARO, ESTANISLAO T AND MARTHA S TRUSTEE 12395 COLUMBET AV SAN MARTIN CA 95046 $92.00 Inspection Passed - Fee On!y 650 WALSH 224-04-077 PELIO 650 WALSH LLC 14573 BIG BASIN WY SARATOGA CA 95070-6013 $92.00 !nsoection Passed - Fee Only 1771 RICHARD 224-06-149 KAHN, WILLIAM ETRUSTEE 'PO BOX345 SANTA CLARA CA 95052-0345 $92.00 Inspection Passed - Fee On!v 2347 WARBURTON 224-13-006 NG, ELLEN YING 2347 WARBURTON AV SANTA CLARA CA 95050-4033 $92.00 Inspection Passed - Fee Only 1754 LOS PADRES 224-13-072 PRABHAKAR, SUNIL AND CHANDRASHEKHAR, VINITA 1754 LOS PADRES BL SANTA CLARA CA 95050-4022 $92.00 lnsoection Passed - Fee Only 2382 WARBURTON 224-14-107 AL-HEMYARI, KADHAIR 2382 WARBURTON AV SANTA CLARA CA 95050-4061 $92.00 Inspection Passed - Fee Only 2277 EL CAMINO REAL 224-15-034 OAKLAND REAL TY LOAN SERVICE 'PO BOX450 KINGSBURG CA 93631 $92.00 lnsoection Passed - Fee Only 2252 CABRILLO 224-19-053 KALASHNIKOV, MAX 2252 CABRILLO AV SANTA CLARA CA 95050-3616 $92.00 Inspection Passed - Fee Only 2255 CABRILLO 224-19-108 LEMMON, GALEN L TRUSTEE & ET AL 1591 CARMEL DR SANJOSE CA 95125-1863 $92.00 Inspection Passed - Fee Only 1918 MAIN 224-23-013 MONACO, LEWIS FETAL 1918 MAIN ST SANTA CLARA CA 95050 $92.00 Inspection Passed - Fee Only 1871 MAIN 224-27-089 LUK, AMY P H TRUSTEE 3410 GEARY BL STE #343 SAN FRANCISCO CA 94118 $92.00 Inspection Passed - Fee Onlv 1160 WALSH 224-58-003 RAGINGWIRE DATA CENTERS INC 'PO BOX 348060 SACRAMENTO CA 95834 $92.00 Inspection Passed - Fee Only 2290 DE LA CRUZ 230-03-092 DP Ventures LLC 555 Twin Do!tlhin Drive Ste# 600 Redwood City CA 94065 $92.00 Inspection Passed - Fee Only 1175 LAFAYITTE 269-16-056 KILIG 1031 LLC 535 MIDDLEFIELD RD STE 190 MENLO PARK CA 94025 $92.00 Inspection Passed - Fee Only 689 MORENO 269-31-056 BROWN JENNIFER NICOLE 884 BERNARDO AV S SUNNYVALE CA 94087-1527 $92.00 lnsoection Passed - Fee Only 1974 MURGUIA 269-32-028 GUPTA, ABHINAV AND PANDEY, SHALU 18845 DEVON AVE SARATOGA CA 95070-4607 $92.00 lnscection Passed - Fee Only 584 WINCHESTER 269-33-036 CONFORTI, JAMES M TRUSTEE 584 WINCHESTER BL N SANTA CLARA CA 95050-5720 $92.00 Inspection Passed - Fee Only 311 MARIA 269-45-014 PADULA, THOMAS J AND CARDONE, AUTUMN C 860 PEDRO AV BEN LOMOND CA 95005-9409 $92.00 fnsoection Passed - Fee Only 444 WINCHESTER 269-45-093 RANCH REALTY LLC 2790 NEWHALL ST STE A SANTA CLARA CA 95050 $92.00 Inspection Passed - Fee Only 3530 EL CAMINO REAL 290-01-114 BLAINE PROPERTIES LLC 454 RAQUEL LN LOS ALTOS CA 94022-2138 $92.00 Inspection Passed - Fee Only 3570 EL CAMINO REAL 290-01-117 MATUSICH, WILLIAM TRUSTEE & ET AL 2323 BASCOM AV S CAMPBELL CA 95008 $92.00 Inspection Passed - Fee Onlv 1355 BUCHANAN 290-14-150 GUINASSO, EDWIN A TRUSTEE 1355 BUCHANAN DR SANTA CLARA CA 95051-3950 $92.00 Inspection Passed - Fee Only 1177 WHITE 290-14-180 FOSTER JOSEPH A ET AL 1177 WHITE DR SANTA CLARA CA 95051-3933 $92.00 Inspection Passed - Fee Only 1304 CROWLEY 290-16-011 MCNUTT, CORDIE E ET AL 1304 CROWLEY AV SANTA CLARA CA 95051-3806 $92.00 Inspection Passed - Fee Only 2911 ORTHELLO 290-17-078 GEE GAILJ ET AL 62772 SAND LILLY WY NW BEND OR 97703 $92.00 Inspection Passed - Fee Only 2852 ORTHELLO 290-18-014 XIONG, CHENGYU AND DENG XIANMIN TRUSTEE 1055 BLANEY AV S SAN JOSE CA 95129 $92.00 Inspection Passed - Fee Onlv 3100 ORTHELLO 290-19-047 WHEATON, MARTIN D AND TEPMONGKOL, WARANGKANA 3100 ORTH ELLO WY SANTA CLARA CA 95051-3760 $92.00 lnsoection Passed - Fee On!v 3521 HOMESTEAD 290-23-053 SBH HOMESTEAD PROPSLLC 3000 SANDHILL RD BLDG 1-250 MENLO PARK CA 94025 $92.00 Inspection Passed - Fee Only 970 WHITE 290-30-010 CHIGOZIE LLC 2645 ADMIRAL CL HAYWARD CA 94545 $92.00 Inspection Passed - Fee Only 940 WHITE 290-30-015 GIPSON GALEN RAND JANICE D TRUSTEE 1857 HARRIS AV SAN JOSE CA 95124-1014 $92.00 Inspection Passed - Fee Only 2557 PATRICIA 290-31-003 HOFFMAN, JAMES HAND LINDA E 2557 PATRICIA DR SANTA CLARA CA 95051-5326 $92.00 Inspection Passed - Fee Only 2513 HAYWARD 290-31-052 2513 HAYWARD DRIVE LLC 78 ROBLEDA DR ATHERTON CA 94027 $92.00 Inspection Passed - Fee Only 1078 BLACKFIELD 290-32-009 LIN, MARIAN CHUNG-HUI TRUSTEE 1078 BLACKFI ELD CT SANTA CLARA CA 95051-5301 $92.00 Inspection Passed - Fee On!y 2891 HOMESTEAD 290-39-080 APEX FUND LLC 2891 HOMESTEAD RD SANTA CLARA CA 95051 $92.00 Inspection Passed - Fee Only 617 FLANNERY 293-18-049 RECHARLA, VEN KATA NAGA SURESH AND BINGI, NEETHU HANEESHA TRUSTEE 617 FLANNERY ST SANTA CLARA CA 95051-5544 $92.00 Inspection Passed - Fee Only 635 MALARIN 294-07-027 SCHEKALL, STANLEY AND REGINA 635 MALARIN AV SANTA CLARA CA 95050-6958 $92.00 Inspection Passed - Fee Only 2615 MAPLEWOOD 294-29-021 FRANCISCO, CHRISTINA 2615 MAPLEWOOD LN SANTA CLARA CA 95051-6235 $92.00 Inspection Passed - Fee Only 3502 GIBSON 296-18-011 THODIYIL, JOHN A AND FU, BO LING 5917 ARMAGA SPRIG RD UNITE RCH PALOS VERDA CA 90275-4844 $92.00 Inspection Passed - Fee Only 3524 ELMHURST 296-19-021 SAREETA SIMANCHALA PANDA and JEFF ROBERT THOMPSON 3524 Elmhurst Ave. Santa Clara CA 95051 $92.00 Inspection Passed - Fee Only 367 CYPRESS 303-06-061 CHACE, NANCY L 367 CYPRESS AV SANTA CLARA CA 95050-6435 $92.00 Inspection Passed - Fee Onlv 2220 CALLE DE LUNA 097-05-057 Tasman East Parcel 57 Owner LLC 18201 Von Karman Avenue Suite 900 Irvine CA 92612 $611.00 Inspection Failed - Non-Compliance 2200 CALLE DE LUNA 097-05-058 NASH-HOLLAND CALLE DE LUNA 898 WASHINGTON ST #500 VANCOUVER WA WA 98660-3536 $611.00 lnsoection Failed - Non-Compliance 3542 MACINTOSH 101-07-059 WLASCHIN, ROBERT A AND CHAN, CYNTHIA D 3542 MACINTOSH ST SANTA CLARA CA 95054-2245 $611.00 Inspection Failed - Non-Compliance 4850 OLD IRONSIDES 104-04-064 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE426 BURLINGAME CA 94010 $611.00 Inspection Failed - Non-Compliance 2950 DEMOCRACY 104-04-065 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 $611.00 Inspection Failed - Non-Compliance 4805 PATRICK HENRY 104-04-111 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 $611.00 Inspection Failed - Non-Compliance 4855 PATRICK HENRY 104-04-112 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 $611.00 Inspection Failed - Non-Compliance 3050 DEMOCRACY 104-04-113 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 $611.00 lnsoection Failed - Non-Comoliance 3005 DEMOCRACY 104-04-143 INNOVATION COMMONS OWNER LLC 433 AIRPORT BL STE 426 BURLINGAME CA 94010 $611.00 Inspection Failed - Non-Compliance 2945 TASMAN 104-04-151 INNOVATION COMMONS OWNER LLC 4995 PATRICK HENRY DR SANTA CLARA CA 95054-1823 $611.00 Inspection Failed - Non-Compliance 0 CHEENEY 104-12-025 MARUTI BUILDERS LLC 859 ALISAL CT MILPITAS CA 95035-4501 $611.00 Inspection Failed - Non-Compliance 0 CHEENEY 104-12-026 MARUTI BUILDERS LLC 859 ALISALCT MILPITAS CA 95035-4501 $611.00 Inspection Failed - Non-Compliance 0 BASSETT 104-12-162 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $611.00 Inspection Failed - Non-Compliance 0 FREEDOM 104-40-021 FREEDOM CIRCLE VENTURE LLC 450 SANSOME ST STE 500 SAN FRANCISCO CA 94111 $611.00 Inspection Failed - Non-Compliance 3925 FREEDOM 104-40-036 FREEDOM CIRCLE VENTURE LLC 450 SANSOME ST STE 500 SAN FRANCISCO CA 94111 $611.00 Inspection Failed - Non-Compliance 2473 ELLIOT 216-11-064 ADISESHAN, MAMTHA 2473 ELLIOT ST SANTA CLARA CA 95051-1864 $611.00 Inspection Failed - Non-Compliance 2552 PAINTED ROCK 216-19-035 TOORANS, SUE M 2552 PAINTED ROCK DR SANTA CLARA CA 95051-1124 $611.00 Inspection Failed - Non-Compliance 2625 MEADOWBROOK 216-19-077 PHAM ALEXANDER TUAN TRUSTEE 3619 IMPRESARIO WY SANJOSE CA 95127-0000 $611.00 Inspection Failed - Non-Compliance 3121 SANTAMARIA 220-22-124 LAMACHY, BARBARA J 3121 SANTA MARIA AV SANTA CLARA CA 95051-1619 $611.00 Inspection Failed - Non-Compliance 3040 SANTAMARIA 220-24-060 YOUNG, MELANIE J 3040 SANTA MARIA AV SANTA CLARA CA 95051-1647 $611.00 Inspection Failed - Non-Compliance 1975 MAIN 224-23-051 LE, DUC 1975 MAIN ST SANTA CLARA CA 95050-3808 $611.00 Inspection Failed - Non-Compliance 1611 MAIN 224-28-010 CHENG TAI-ENN AND LO, VICKIE 1611 MAIN ST SANTA CLARA CA 95050 $611.00 Inspection Failed - Non-Compliance 0 230-03-094 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $611.00 Inspection Failed - Non-Compliance 0 230-03-095 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $611.00 Inspection Failed - Non-Compliance 2600 DE LA CRUZ 230-03-105 Cl-SANTA CLARA LLC 2101 CEDAR SPRINGS RD STE 900 DALLAS TX 75201 $611.00 Inspection Failed - Non-Compliance 2655 THE ALAMEDA 230-12-012 KAPITALALAMEDA LLC 1999 BASCOM AV S 250 CAMPBELL CA 95008 $611.00 Inspection Failed - Non-Compliance 1154 MADISON 269-13-034 RAWLS TAM LYN V 1154 MADISON ST SANTA CLARA CA 95050-4757 $611.00 Inspection Failed - Non-Compliance 1945 MURGUIA 269-31-014 MAVERICK, MURIEL ETRUSTEE 1945 MURGUIA AV SANTA CLARA CA 95050-6933 $611.00 Inspection Failed - Non-Compliance 2013 STANLEY 269-39-021 DRISKELL, JEFFREY 2013 STANLEY AV SANTA CLARA CA 95050-5718 $611.00 Inspection Failed - Non-Compliance 2245 NEWHALL 269-58-014 DE SOUSA PINTO JOAO MOREIRA 2245 NEWHALL ST SANTA CLARA CA 95050 $611.00 Inspection Failed - Non-Comc!iance 2240 EL CAMINO REAL 290-10-090 US ALLIANCE HOLDEN OF 2525 CAMELBACK RD E STE 500 PHOENIX AZ 85016 $611.00 Inspection Failed - Non-Compliance 2232 EL CAMINO REAL 290-10-091 US ALLIANCE HOLDEN OF 2525 CAMELBACK RD E STE 500 PHOENIX ;,;z. 85016 $611.00 Inspection Failed - Non-Compliance 1118 LAS PALMAS 290-14-095 TOBACCO RICHARD J 1118 LAS PALMAS DR SANTA CLARA CA 95051-3922 $611.00 Inspection Failed - Non-Compliance 3012 ORTHELLO 290-18-006 OPRICA, DAN 3012 ORTHELLO WY SANTA CLARA CA 95051-3758 $611.00 Inspection Failed - Non-Compliance 2932 ORTHELLO 290-18-010 YAMAICHI, RUSSELLJTRUSTEE 2932 ORTHELLO WY SANTA CLARA CA 95051-3768 $611.00 Inspection Failed - Non-Compliance 1014 LAS PALMA$ 290-31-054 ENYEDI, ROBERT AND DANIELA TRUSTEE 1014 LAS PALMAS DR SANTA CLARA CA 95051-5309 $611.00 Inspection Failed - Non-Compliance 2257 FORBES 294-08-054 SOUZA, ALLAN C ET AL 2257 FORBES AV SANTA CLARA CA 95050-5631 $611.00 Inspection Failed - Non-Compliance 735 LOS OLIVOS 294-15-070 GESING, JOHN AND CECILE TRUSTEE 735 LOS OLIVOS DR SANTA CLARA CA 95050-5526 $611.00 Inspection Failed - Non-Compliance 2728 FORBES 294-26-021 LAM LAISZ D TRUSTEE 2728 FORBES AV SANTA CLARA CA 95051-6249 $611.00 Inspection Failed - Non-Compliance 3472 ELMHURST 296-19-027 LI, WEN HUA AND WANG, XIANGZHOU 1656 CHANNING AV PALO ALTO CA 94303-2804 $611.00 Inspection Failed - Non-Comoliance 3800 HOMESTEAD 316-09-044 KAISER FOUNDATION HOSPITALS 1 KAISER PLAZA 15TH FL OAKLAND CA 94612 $611.00 Inspection Failed - Non-Compliance 3800 HOMESTEAD 316-09-045 KAISER FOUNDATION HOSPITALS 1 KAISER PLAZA 15TH FL OAKLAND CA 94612 $611.00 Inspection Failed - Non-Compliance 1861 NELSON 097-19-040 DILLON KATHLEEN A 1861 NELSON DR SANTA CLARA CA 95054 $1,116.00 Countv Abatement Completed 1224 BLOCK 290-42-076 DIONISIO, JOHN RAND NAHURSKI DIONISIO, JOAN M TRUSTEE 1224 BLOCK DR SANTA CLARA CA 95050-4411 $1,502.00 County Abatement Completed 150 ELMHURST 296-19-022 MEHTA, YATRIK HAND MINAL Y 150 ELMHURST CT SANTA CLARA CA 95051-6647 $1,526.75 County Abatement Completed 623 MALARIN 294-07-024 MCREYNOLDS, MARILYN L TRUSTEE 623 MALARIN AV SANTA CLARA CA 95050-6958 $1,546.55 County Abatement Completed 1922 MAIN 224-23-011 KAUR, DAUIT 10074 DONA NEELY WY ELK GROVE CA 95757 $1551.50 County Abatement Completed 977 WOOD DUCK 313-19-032 CAMPBELL, JEAN TTRUSTEE 977 WOOD DUCK CT SANTA CLARA CA 95051-4516 $1,625.75 County Abatement Completed 3472 GIBSON 296-18-015 BRANNAN, JIM 3472 GIBSON AV SANTA CLARA CA 95051-6649 $1,655.45 County Abatement Completed 0 EL CAMINO REAL 290-02-087 LINDA ALLEN0Sr. Property Mana,er- AT&T 1700 SPACE PARK DR SANTA CLARA CA 95054 $1,685.15 County Abatement Completed 0 FILLMORE 104-10-077 SITLANI MANISHA K 636 HAMILTON AV MILPITAS CA 95035-3512 $2,026.70 County Abatement Completed 2755 LAFAYETTE 224-04-062 WITKIN PROPERTIES LP 188TWIN OAKS DR LOS GATOS CA 95032 $2,185.10 County Abatement Completed 2551 PATRICIA 290-31-002 AGUILERA RALPH D AND MC 2551 PATRICIA DR SANTA CLARA CA 95051-5326 $2,819.49 County Abatement Completed 0 BASSETT 104-38-001 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $3,170.15 County Abatement Completed 3055 PATRICK HENRY 104-04-136 3055 PATRICK HENRY DEVELOPMENT LLC 950 TOWER LN STE 870 FOSTER CITY CA 94553 $3,269.15 County Abatement Completed 960 CENTRAL 224-07-099 OWENS CORNING INSULATING 13155 NOEL RD FL 12 LB 71 DALLAS TX 75240 $4,467.05 County Abatement Completed 0 104-14-145 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $5,600.60 County Abatement Completed 0 BASSETT 104-12-154 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $5 912.45 County Abatement Comcleted 0 104-01-077 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $10,610.00 County Abatement Completed 0 PATRICK HENRY 104-04-121 SAN FRANCISCO CITY AND COUNTY OF 525 GOLDEN GATE AV 10TH FL SAN FRANCISCO CA 94102 $10,669.40 County Abatement Completed 0 BASSETT 104-11-082 UNION PACIFIC CO 10031 FOOTHILLS BLVD ROSEVILLE CA 95030 $10,738.70 County Abatement Completed $105,043.94
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-1618 Agenda Date: 2/20/2024

REPORT TO COUNCIL

SUBJECT
Public Hearing: Action on a Vesting Tentative Map for the Proposed Development of a 198-Unit Housing Development with Four Commercial Condominiums at 5185 Lafayette Street

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The Applicant, Ensemble Investments, requests approval of a Vesting Tentative Subdivision Map (File No. PLN23-00216) to subdivide one existing parcel into 198 residential condominium units, four commercial condominium units, one residential parking condominium unit, and one commercial parking condominium unit. The Vesting Tentative Map supports the development of a 21-story, 198- unit multifamily
residential development. A one-story industrial building with surface parking currently occupies the subject site.

The site is zoned Transit Neighborhood (TN) and has a General Plan Land Use Designation of Transit Neighborhood, which allows for a residential density of 100 to 350 dwelling units per acre. It is also within the Tasman East Specific Plan as identified in the General Plan.

The Architectural Review of the 21-story multifamily building was approved at the Development Review Hearing (DRH) on October 18, 2023, finding the project consistent with the applicable requirements of the Zoning Ordinance and the Tasman East Specific Plan.

On December 6, 2023, the Planning Commission reviewed the application for the Subdivision Map Vesting Tentative Map and made a recommendation of approval to the City Council.

DISCUSSION
Tentative Subdivision Map applications are reviewed for General Plan and Zoning Code consistency and conformance with the Subdivision Map Act. Planning Commission review and a recommendation to the City Council are required under Santa Clara City Code (SCCC) section 17.05.300(g) for Subdivision Map applications. Tentative Maps are ultimately approved by the City Council.

A “Vesting” Tentative Map is approved in the same manner. Under the Subdivision Map Act (California Government Code § 66474(a)), a developer has the right to indicate that a map application will be proceeding as a “vesting” map, which gives the developer a right, upon map approval, to develop in substantial compliance with the ordinances, policies, and standards in effect on the date in which the developer’s application is complete. The rights afforded by a vesting tentative map expire on the same timeframe as a regular tentative map, if the developer does not City of Santa Clara Printed on 2/15/2024Page 1 of 3
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24-1618 Agenda Date: 2/20/2024
obtain all required discretionary approvals within two years, although the City Council has the discretion to extend the tentative map by another three years. Once the City approves a final map, the rights are vested for a period of one additional year, and that period is automatically extended during the application period or active period of a building permit.

The Map Act requires all subdivision maps to be consistent with the General Plan. Staff confirmed that the proposed subdivision will not result in any inconsistencies with the General Plan land use designation for the property, Building Code, or other applicable requirements. The City’s Subdivision Clearance Committee reviewed the proposed Vesting Tentative Subdivision Map and determined the project to be complete and in conformance with the Subdivision Map Act on June 20, 2023. The proposed subdivision is consistent with the approved site plan, improvements, private street, surface parking, landscaped open space areas, and associated utilities on the project site for the development of as set forth in File No. PLN22-00131. For reference, Attachment 5 includes the October 18, 2023 Development Review Hearing (DRH) staff report.

For subdivisions resulting in five or more parcels, the City Council reviews applications after Planning Commission recommendation, pursuant to SCCC section 17.05.300(g). On December 6, 2023, the Planning Commission reviewed the application for the Vesting Tentative Subdivision Map. Attachment 1 includes the Planning Commission staff report. There were two public speakers at the public hearing: a representative from the Carpenter’s Union and the adjacent property owner. The adjacent property owner, Ron Patrick, submitted a comment letter in advance of the hearing expressing concern with maintained access to shared easements. The public comment letter is included as Attachment 2. The Tentative Map document indicates that all shared access easements will be maintained.

The Commission voted 6-0-1 (Commissioner Huang absent) to recommend to the City Council approval of the Tentative Map with the following recommended language added as a condition of approval:
· The City encourages the Owner and any contractors or subcontractors working on the project to evaluate hiring local labor, hiring from or contributing to approved and accredited apprenticeship programs, increasing resources for labor compliance, and providing living wages during the development of this Project.

Staff has not included this additional language in the proposed conditions of approval.

ENVIRONMENTAL REVIEW
An Addendum to the Tasman East Specific Plan Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA) and adopted at the October 18, 2023 DRH for the 198-unit residential development. The proposed Vesting Tentative Map was contemplated by the Addendum, is consistent with the approved project, and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact. Accordingly, no further environmental review under CEQA is necessary in connection with approval of the Vesting Tentative Map.

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense for the processing of this City of Santa Clara Printed on 2/15/2024Page 2 of 3
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24-1618 Agenda Date: 2/20/2024
application.

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

PUBLIC CONTACT
On November 22, 2023, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on November 22, 2023, a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 1,000 feet of the project site.

Public contact was also 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 protected] <mailto:[email protected]> <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

At the time of this report, staff received one public comment letter in advance of the Planning Commission, which is included as Attachment 2.

RECOMMENDATION
Adopt a resolution to approve the Vesting Tentative Map to subdivide the existing lot with 198 residential condominium units, four commercial condominium units, one residential parking condominium unit, and one commercial parking condominium unit at 5185 Lafayette Street in the form presented, subject to findings and conditions of approval set forth therein.

Reviewed by: Reena Brilliot, Acting Director of Community Development Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Planning Commission Staff Report of December 6, 2023

2. Planning Commission Public Comments

3. Resolution Approving the Vesting Tentative Subdivision Map

4. Conditions of Vesting Tentative Subdivision Map Approval

5. DRH Staff Report of October 18, 2023

6. Vesting Tentative Subdivision Map
City of Santa Clara Printed on 2/15/2024Page 3 of 3
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1331 Agenda Date: 12/6/2023

REPORT TO PLANNING COMMISSION

SUBJECT
Action on a Vesting Tentative Map for 5185 Lafayette Street for the Proposed Development of a 198- Unit Housing Development with Four Commercial Condominiums (CEQA: Addendum to the Tasman East Specific Plan EIR)

REPORT IN BRIEF
Applicant: Ensemble Investments
Owner: Ensemble Investments
General Plan: Transit Neighborhood
Zoning: Transit Neighborhood
Site Area: 0.90-acre
Existing Site Conditions: A single-story industrial building with surface parking.

Surrounding Land Uses:

North: Industrial
South: Multi-family residential (under construction)
East: Industrial
West: Lafayette Street / railroad
Issues: Consistency with the City’s General Plan and conformance with the Subdivision Map Act.

Staff Recommendation: Approve the Vesting Tentative Map for 198 residential condominium units, four commercial condominium units, one residential parking condominium unit, and one commercial parking condominium unit at 5185 Lafayette Street, subject to findings and conditions of approval.

BACKGROUND
The Applicant, Ensemble Investments, is requesting approval of a Vesting Tentative Map (PLN23- 00216) to subdivide one existing parcel into 198 residential condominium units, four commercial condominium units, one residential parking condominium unit, and one commercial parking condominium unit. The Vesting Tentative Map supports the development of a 21-story, 198-unit multi- family residential development.

The project site is located on the northeast corner of the intersection of Calle De Luna and Lafayette Street within the Tasman East Specific Plan. The Architectural Review of the 21-story multifamily building was approved at the Development Review Hearing (DRH) on October 18, 2023, finding the project consistent with the applicable requirements of the Zoning Ordinance and the Tasman East Specific Plan.

Planning Commission review and a recommendation to the City Council are required under Santa City of Santa Clara Printed on 12/1/2023Page 1 of 3
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23-1331 Agenda Date: 12/6/2023
Clara City Code (SCCC) section 17.05.300(g) for Subdivision Map applications. Vesting Tentative Maps are ultimately approved by the City Council.

DISCUSSION
Subdivision Map applications are reviewed for General Plan and Zoning Code consistency, and conformance with the Subdivision Map Act. Under the Subdivision Map Act (California Government Code § 66474(a)), a developer has the right to indicate that a map application will be proceeding as a “vesting” map, which gives the developer a right, upon map approval, to develop in substantial compliance with the ordinances, policies, and standards in effect on the date in which the developer’s application is complete.

Because the site has already received architectural review approval, the Vesting Tentative Map must be consistent with that approval, as well as certain applicable zoning requirements. The Architectural Review (File No. PLN2018-13441) of the 198-unit development on the subject site was approved at the DRH on October 18, 2023.

At the DRH, the City made findings that the project is consistent with the objective standards of the TN - Transit Neighborhood Zoning District, which is consistent with the Transit Neighborhood General Plan designation.

The Subdivision Map Act requires that all subdivision maps be consistent with the General Plan, Government Code § 66474(a). The Architectural Review approval determined that the project was consistent with the General Plan. The staff report for the DRH on October 18, 2023 is provided as Attachment 3 for reference.

The proposed Vesting Tentative Map was reviewed by the City’s Subdivision Clearance Committee and determined to be complete on June 20, 2023. Staff confirmed that the proposed subdivision will not result in any inconsistencies with the General Plan and zoning designations for the property, Building Code, or other applicable requirements.

Approval of the requested Vesting Tentative Subdivision Map will facilitate the development of a project consistent with the City’s Zoning Code and General Plan, thereby advancing the establishment of a new, transit-oriented residential neighborhood in proximity to jobs and in partial fulfilment of the City’s goals for the production of new housing. Findings for approval are provided in Attachment 1. Conditions of Approval have been prepared and are provided as Attachment 2.

ENVIRONMENTAL REVIEW
An Addendum to the Tasman East Specific Plan Environmental Impact Report (EIR) was prepared in accordance with the California Environmental Quality Act (CEQA) and adopted at the October 18, 2023 DRH for the 198-unit residential development. The proposed Vesting Tentative Map was contemplated by the Addendum, is consistent with the approved project, and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact. Accordingly, no further environmental review under CEQA is necessary in connection with approval of the Vesting Tentative Map.

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

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23-1331 Agenda Date: 12/6/2023

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

PUBLIC CONTACT
On November 22, 2023, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on November 22, 2023, a notice of this item was posted in three conspicuous locations within 300 feet of the project site and mailed to property owners within 1000 feet of the project site. At the time of this report, the Planning staff has not received any public comments regarding the proposed project.

Public contact was also 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 protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Adopt a resolution to recommend the City Council approve the Vesting Tentative Map to subdivide the existing lot with 198 residential condominium units, four commercial condominium units, one residential parking condominium unit, and one commercial parking condominium unit at 5185 Lafayette Street, subject to findings and conditions of approval.

Prepared by: Rebecca Bustos, Principal Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager

ATTACHMENTS

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

2. Conditions of Vesting Tentative Map Approval

3. DRH Staff Report October 18, 2023

4. Vesting Tentative Map
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Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 1 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19

RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA , CALIFORNIA RECOMMENDING

THAT THE CITY COUN CIL APPROVE A VESTING TENTATIVE
SUBDIVISION MAP (PLN23-00216) AT 5185 LAFAY ETTE

STREET, SANTA CLARA

WHEREAS, on January 12, 2022, Ensemble Investments (“Applicant”) (“Property Owners”) filed an application (PLN23-00216) to develop the 0.90-acre parcel, located at 5185 Lafayette Street (“Project Site”) with 198 residential condominium units; WHEREAS, on October 18, 2023 , the Architectural Review (PLN2018-13441) to construct the 21-story 198-unit multifamily development was approved at the Development Review He aring (DRH);
WHEREAS, the application (PLN23-00216) is for a Vesting Tentative Subdivision Map to subdivide the prop erty into 198 residential condominium units, four commercial condominium units, one residenti al parking condominium units, and one commercial parking condominium unit to serve the development;
WHEREAS, the pr oposed subdivision is consistent with the appr oved site plan and improvements on the Project Site for the development of a 21-story 198-unit residential project approved on October 18, 2023;
WHEREAS, pursuant to Section 17.05.210 of the Code of the City of Santa Clara (“SCCC”), a Vesting Tentative Map shall be required for all divisions of land into five or more parcels; WHEREAS, on June 2 0, 2023 , the Subdivision Cle arance Committee determined that the application was com plete and that the proposed Vesting Ten tative Map should proceed to the Planning Commission in conformance with Section 17.05.300 of the SCCC; WHEREAS, SCCC Section 17.05.300(g) requires t hat the Planning Commission make recommendations of denial, approval or conditional approval to the City Council on the Vesting Tentative Map;
Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 2 of 5 Rev. Rev: 11/22/17; Typed: 04/05/19

WHEREAS, the proposal is to create 198 residential units with common areas to serve the development (“Project” ) as s hown o n th e Vesting Tentative Map, attached hereto and incorporated herein by this reference;
WHEREAS, an Addendum to the Tasman East Specific Plan Environmental Impact Report was prepared in accordance with State CEQA guidelines and approved at the Development Review Hearing on October 18, 2023;
WHEREAS, the proposed Vesting T entative Map is consistent with the previously approved Project (Architectural Review approval) and would not result i n a new impact on the environment or significantly increase the severity of any previously identified impact; WHEREAS, on November 22, 2023, notices of the public hearing on the Vesting Tentative Map were posted within 300 feet of th e Project Site and mailed to all property owners within 1000 feet of the property, according to the most recent Assessor’s roll; WHEREAS, a notice of the publi c hearing was published in The Weekly, a newspaper of general c irculation, on November 22 , 2023 for the Planning Commission Hearing to be conducted on December 6, 2023; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December 6, 2023, at which time all interested persons were given an opportunity to provide testimony a nd th e Commission considered the information presented in the Staff Report, and all verbal and written evidence.

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

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

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

Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 3 of 5 Rev. Rev: 11/22/17
A. The Vesting Tentative Map is consistent with t he objectives, policies, general land uses and programs spec ified in the City’s General P lan in that the Vesting Tentative Map subdivides the existing 0.90-Acre Project Site into 198 residential condominium units, four commercial condominium units, one residential parking condomin ium unit, and one commercial parking condominium unit , consistent with the Tasman East S pecific Plan, subject to conditions set forth in the Conditions of Vesting Tentative Map Approval, attached hereto and incorporated by this reference.

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

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

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

E. The design of the subdivision and type of improvements are not likely to cause serious health problems, i n that the proposed residential subdivision will implement Covenants, Conditions, and Restrictions for operation and maintenance of the building an d site improvements and does not propose the use of hazardous materials.

F. The design of the subdivision and type of improvements are not likely to cause substantial environmental damage and will not substantially or unavoidably injure fish or

Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 4 of 5 Rev. Rev: 11/22/17
wildlife or their habitat in that the Project Site is located in an urbanized setting, is a developed site, and the proposed subdivision includes mitigation measures, as identified in the Tasman East Specific Plan Environmental Impact Report, that will reduce impacts to less-than-significant levels.

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

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

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

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//

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Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 5 of 5 Rev. Rev: 11/22/17

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

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

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR ME ETING THEREOF HELD ON THE 6TH DAY OF DECEMBER 2023, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

ANDREW CRABTREE

DIRECTOR OF COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA

Attachments Incorporated by Reference:

1. Vesting Tentative Subdivision Map

2. Conditions of Vesting Tentative Subdivision Map Approval

________________________________________________________________________________ 5185 Lafayette Street – Vesting Tentative Map
Conditions of Approval Page 1

CONDITIONS OF APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
G1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G2. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A1. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

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

BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map:
https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.

BD3. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
 https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.

PLANNING DIVISION
P1. The project shall comply with the Conditions of Approval for the associated Architectural Review (PLN2018-133441).
________________________________________________________________________________ 5185 Lafayette Street – Vesting Tentative Map
Conditions of Approval Page 2 FIRE
F1. Fire apparatus access roadways shall be provided so that all portion of an exterior wall of the first story of the buildings are located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building, or the project team will be required to mitigate the lack of compliance. If these conditions can not be met the project team will be required to complete an Alternative materials, design and methods of construction and equipment application. The required mitigation measure will be determined by the Fire Department.

F2. At time of Building Permit application provide documentation to show the minimum required fire-flow for the building based on the construction type and square footage in accordance with the California Fire Code, Appendix B, Table B105.1 can be met. A 75% reduction in fire-flow is allowed with the installation of a automatic fire sprinkler system designed in accordance with California Fire Code § B105.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (or 1,000 gallons per minute for NFPA 13 fire sprinkler systems) minute for the prescribed duration.

F3. At time of Building Permit application, the required number, location and distribution of fire hydrants for the building based on the California Fire Code, Appendix C, Table C102.1 shall be incorporated into the construction documents. The required number of fire hydrants shall be based on the fire-flow before the reduction.

F4. At time of Building Permit application, construction documents for proposed fire apparatus access, location of fire lanes and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the Fire Prevention and Hazardous Materials Division.

F5. Prior to the start of construction, fire protection water supplies shall be installed and made serviceable prior to the time of construction or prior to combustible materials being moved onsite, unless an approved alternative method of protection is approved by the Fire Prevention and Hazardous Materials Division.

F6. At time of Building Permit application, construction documents for the fire department apparatus access roads are required submitted to the Fire Prevention and Hazardous Materials Division. Access roadways shall be provided to comply with all of the following requirements:
a. Fire apparatus access roadways shall be provided for every facility, building, or portion of a building hereafter constructed or moved when any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building.
b. Fire apparatus access roadways shall have a “minimum” width of a fire apparatus access roadway for Engines is 20 feet. The “minimum” width of roadways for aerial apparatus is 26 feet. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building and the sides of the building requiring access shall be approved by the Fire Department. Trees, overhead wiring, etc. shall not conflict with any means of fire department access.
c. Fire access roadways shall have a “minimum” unobstructed vertical clearance of not less than 13 feet 6 inches. Aerial apparatus access roads may require additional vertical clearance. d. Fire access roadways shall All fire department access roadways shall be an all-weather surface designed to support the imposed load of fire apparatus with a gross vehicle weight of 75,000- pounds.
e. Fire apparatus access roadways shall have a “minimum” inside turning radius for fire department access roadways shall be 36 feet or greater. f. Dead-end fire apparatus access roadways in excess of 150 feet in length shall be provided with approved provisions for turning around.
g. Traffic calming devices are not permitted on any designated fire access roadway, unless approved by the Fire Prevention & Hazardous Materials Division. h. All Fire Department Access roadways shall be recorded as an Emergency Vehicle Access Easement (EVAE) on the final map. No other instruments will be considered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways. ________________________________________________________________________________ 5185 Lafayette Street – Vesting Tentative Map
Conditions of Approval Page 3 i. All gates installed on designated fire department access roads are required to electrically automatic powered gates. Gates shall be provided with an emergency battery power supply, or shall be a fail-safe design, allowing the gate to be pushed open without the use of special knowledge or equipment. To control the automatic gates a detector/strobe switch shall be installed to allow emergency vehicles (e.g., fire, police, ems) to flash a vehicle mounted strobe light towards the detector/strobe switch, which in turn overrides the system and opens the gate.

The gates shall be equipped with a TOMAR Strobe Switch or 3M OPTICOM Detector to facilitate this override. Said device shall be mounted at a minimum height of seven feet (7’) above the adjacent road surface and is subject to an acceptance test witnessed by the Fire Department prior to final approval of the project.

F7. Provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.

F8. Prior to issuance of a Building Demo Permit, Steps 1 through 3 summarized below must be addressed during the planning phase of the project. Submit Phase II environmental documents:
a. Step 1 – Hazardous Materials Closure (HMCP): This is a permit is issued by the Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division. Hazardous materials closure plans are required for businesses that used, handled or stored hazardous materials. While required prior to closing a business this is not always done by the business owner, and therefore should be part of the developer’s due diligence. The hazardous materials closure plans demonstrate that hazardous materials which were stored, dispensed, handled or used in the facility/business are safely transported, disposed of or reused in a manner that eliminates any threat to public health and environment.
b. Step 2 – Site Mitigation: Site mitigation is the cleanup or management of chemical contaminants in soil, soil vapor or groundwater. The type and extent of contamination on site(s) governs which of the regulatory agencies noted below will supervise the cleanup.  Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division (CUPA)  Department of Toxic Substances Control (DTSC)
 State Water Resources Control Board
 Santa Clara County, Department of Environmental Health. c. Step 3 – Community Development, Building Division Demolition Application: For the majority of projects within the City of Santa Clara, Steps 1 and/or 2 described above need to be completed prior to proceeding to demolition application in order to avoid permit approval delays. The purpose of a demolition permit is to ensure that the parcel is clear of debris and other health hazard material (lead, asbestos, etc.) and that the utility connections have been plugged and sealed.”
If the project intends to contract with a State or County Agency for onsite/offsite environmental remediation activities the following documentation shall be provided to the Fire Prevention & Hazardous Materials Division prior to issuance of a Building Permit for demolition or grading:
 Oversight agency case number; and
 Oversight mangers contact name, phone number.

PARKS & RECREATION
PR1. Department Comments and COAs are tied to PLN2018-13441.

PUBLIC WORKS

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

E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted within a Single ________________________________________________________________________________ 5185 Lafayette Street – Vesting Tentative Map
Conditions of Approval Page 4 Encroachment Permit to be reviewed and issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

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

E4. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E5. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

E6. Dedicate required on-site easements for any new public utilities, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development.

E7. Dedicate sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.

E8. If requested, Developer/property owner shall prepare and submit for City approval a maintenance plan for all sidewalk, curb and gutter, landscaping and irrigation system improvements installed within the public right-of-way prior to encroachment permit issuance. Such plan shall include at a minimum, maintenance requirements for trees and shrubs, in acknowledgement of developer’s/property owner’s obligation under Chapter 12.30 and 17.15.

E9. Obtain Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction.

E10. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.

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

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

W3. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

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

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1147 Agenda Date: 10/18/2023

REPORT TO DEVELOPMENT REVIEW HEARING

SUBJECT
Action on the Architectural Review for a Multi-Family Residential Development within the Tasman East Specific Plan Area Located at 5185 Lafayette Street (Applicant Requested Continuance from the September 13, 2023 Meeting)
File No.: PLN2018-13441
Location: 5185 Lafayette Street, an approximately 0.90-acre property located on the west side of Calle De Luna; APN: 097-46-011; the property is zoned Transit Neighborhood (TN) Applicant: Ensemble Investments/Steinberg Hart
Owner: 5185 Lafayette Street, LCC
Request: Architectural Review for a new 21-story, 198-unit multi-family residential development within the Tasman East Specific Plan area located at 5185 Lafayette Street Project Data
The Project Data Table is included as Attachment 2.

Points for Consideration
· Per the applicant’s request, the project was continued from the September 13, 2023 Development Review Hearing.
· The applicant proposes to redevelop the subject 0.90-acre (39,024 square-foot) site. · The subject site has a General Plan land use designation of Transit Neighborhood within the Tasman East Specific Plan (TESP).
· The TESP intends for the redevelopment of the existing industrial area into a high-density transit-oriented neighborhood.
· The subject site has a zoning designation of Transit Neighborhood (TN) · The density range for the Transit Neighborhood (TN) designation is 100-350 dwelling units per acre (du/ac). The project as proposed is 220 du/ac.
· The project site is currently developed with one light industrial building, totaling approximately 15,365 square feet, which would be demolished.
· The project includes 21-story residential building, with two levels below grade parking, five levels above grade podium (with parking), and sixteen levels of residential units above. · Access to the buildings would be provided by updating two full-access driveways along the northeast side of the lot, with an ingress and egress on Lafayette Street and Calle De Luna, and an additional egress only driveway on Calle De Luna. The parking garage is accessed through the northeast corner of the lot. The project proposes a drop-off/pick-up zone on Calle De Luna. · A virtual community meeting for the project was held on July 10, 2022. Community members asked questions about the tenant for the retail space and construction timing.

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23-1147 Agenda Date: 10/18/2023
Building Design
· The proposed building would be a maximum height of 219 feet to the roofline with an additional 20-30 feet of mechanical equipment screening. · A small number of residential units would also be located on floors two to five. Floors six to 21 would consist of residential units ranging from nine units to 13 units. · The project would provide up to 8,264 square feet of usable open space (exceeding the requirements). A gateway plaza and covered patio and dining area are proposed on the ground floor and an outdoor fitness area and yoga patio are proposed on the sixth floor. Amenities proposed on the 21st floor would include a pool and spa, cabanas, BBQ area, entertainment room, and dining terrace. In addition, each residential unit would include a balcony/patio. · Parking would be provided within two levels of below-grade parking and within the building on floors two to five. A total of 310 vehicular parking spaces and 110 bicycle parking spaces are proposed. Parking stackers account for 109 of the vehicular spaces. · The overall architecture of the building represents a contemporary design. The residential tower utilizes a combination of vision and spandrel glass, porcelain tile panels, and metal panels.

Conclusion
· The proposed development is consistent with the General Plan and with the TN Zoning District development standards and guidelines. The approved Tasman East Specific Plan (TESP) provides for a residential yield of up to 4,500 new dwelling units over the next 20 years. To date, 2,110 dwelling units have been entitled. A total of 198 units are proposed with this project. · The proposal will support goals, policies and land uses established in the TESP to create a mix of housing types, open spaces, and supporting linkage to the Guadalupe River Trail.

Findings
To grant approval of the Architectural Review, the following findings shall be made:

1. That any off-street parking area, screening strips and other facilitates and improvements necessary to secure the purpose and intent of this title and the general plan of the City area a part of the proposed development, in that;
· The development exceeds the required parking spaces under SCCC 18.25.070(a)(3) and (5).

The project provides 310 parking spaces where 209 are required, including 111 parking spaces that will be located in parking stackers.

2. That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard, in that; · The project is consistent with the Tasman East Specific Plan Street Design Guidelines, Open Space Design Guidelines and Building Design Guidelines. The project implements the TESP by providing the necessary components such as bike lanes, sidewalk widths, and landscaping.

The building is designed to be consistent with the TESP by providing building recesses, notches, a variety of materials, colors, and fenestration patterns. · The proposed project incorporates high quality sustainable, energy efficient materials and will meet or exceed all CalGreen requirements.

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23-1147 Agenda Date: 10/18/2023

3. That the design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this title and the general plan of the City, in that; · The development is consistent with the Transit Neighborhood Specific Plan and zoning designations. The project is compatible with the planned high-density residential uses in the area.

4. That the granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort or general welfare of persons residing or working in the neighborhood of said development, and will not be materially detrimental to the public welfare or injuries to property or improvements in said neighborhood, in that; · The project is subject to the California Building Code and City Code requirements, which serve to regulate new construction to protect public health, safety and general welfare. · The use, scale, and design of the development, as conditioned, are consistent with the TESP standards and are compatible with the planned uses in the surrounding area.

5. That the proposed development, as set forth in the plans and drawings, are consistent with the set of more detailed policies and criteria for architectural review as approved and updated from time to time by the City Council, which set shall be maintained in the planning division office, in that;
· The proposed project is consistent with the Tasman East Specific Plan and provides for an attractive, inviting, imaginative and functional site arrangement of the building, the obscured parking areas, and a high quality architectural and landscape design. The project also provides for proper access, visibility and identity, and access to transit within the Tasman East Specific Plan.

ENVIRONMENTAL REVIEW
An Addendum was prepared for the project in accordance with the California Environmental Quality Act (CEQA). See Attachment 4 for the Addendum. CEQA Guidelines Section 15162 states that when an Environmental Impact Report (EIR) has been certified or a Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the Lead Agency determines on the basis of substantial evidence in light of the whole record that substantial changes or new information of substantial importance has been identified.

The City of Santa Clara certified the Tasman East Specific Plan (TESP) EIR (SCH#2016122027, File Nos. CEQ2016-01026, PLN2016-12400). Based on the proposed project description and knowledge of the project site (based on the environmental review prepared for the TESP FEIR), the City concludes that the proposed project would not result in any new impacts not previously disclosed in the TESP FEIR and would not result in a substantial increase in the magnitude of any significant environmental impacts previously identified in the FEIR. For these reasons, an addendum to the TESP FEIR was prepared for the proposed project. An addendum is not required to circulate for public review, but will be attached to the TESP FEIR, pursuant to CEQA Guidelines Section 15164(c).

PUBLIC CONTACT
On August 31, 2023, a notice of public hearing of this item was posted 1,000 feet of the project site and mailed to property owners within 1,000 feet of the project site. The project was continued from the September 13, 2023 hearing to a date certain of October 18, 2023. Therefore, additional noticing City of Santa Clara Printed on 10/12/2023Page 3 of 4
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23-1147 Agenda Date: 10/18/2023
was not required. As of the writing of this report, planning staff has not received public comments for this application.

RECOMMENDATION
Consider the Addendum to the Tasman East Specific Plan EIR and Approve the Architectural Review for the new construction of a 21-story, 198-unit multifamily residential development with two levels below grade for parking, five levels above grade podium (with parking), and sixteen levels of residential units above within the Tasman East Specific Plan area located at 5185 Lafayette Street, subject to the findings and conditions of approval.

Prepared by: Rebecca Bustos, Principal Planner, Community Development Department Approved by: Sheldon Ah Sing, Development Review Officer, Community Development Department

ATTACHMENTS

1. Development Plans

2. Project Data Table

3. Conditions of Approval

4. CEQA Addendum
City of Santa Clara Printed on 10/12/2023Page 4 of 4
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5185 Lafayette Street
Lot Size: 39,024 sq. ft.

Existing Proposed
Square Footage 15,365 sq. ft. 393,038 sq. ft.

Stories One 21
Residential Units - 198
Lot Coverage 15,365/39,024 = 40% 31,450/39,024 = 81%
F.A.R. 15,365/39,024 = 0.40 393,038/39,024 = 10
Vehicle Parking 12 310
Bicycle Parking - 110

________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 1

CONDITIONS OF APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
G1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G2. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A1. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

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

BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map:
https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.

BD3. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
 https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.

BD4. No construction code review or analysis is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 2 and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged.
 During construction retaining a single company to install all fire rated penetrations is highly recommended.
 The grade level lobbies shall be min.1 hour rated all sides and above.  All stair shafts shall be min. 1 hour rated.
 All elevator shafts shall be min. 1 hour rated.
 All trash chute shafts shall be min. 1 hour rated.
 Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room.  Any trash rooms shall be min. 1 hour rated all sides and above.

BD5. The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.

BD6. Temporary Certificates of Occupancy will not be routinely issued and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.

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

BD8. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code.  Chp. 15.36 – Energy Code for “all electric” provisions for new construction.  Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.

BD9. Due to limited review experience in structure exceeding the height limit of 160 feet in the City, Building Official reserves the right to require structural peer review for this project. Final determination will be made when the Building permit application is submitted.

HOUSING & COMMUNITY SERVICES DIVISION
H1. Project is subject to the Phase I incremental affordable housing requirements as set out the Tasman East Specific Plan, which requires a total of 15.81 affordable units to be provided on site. This is based on the 198 proposed units. The calculation of the affordable housing requirements results in a fractional unit (.81); the Applicant shall either pay an in-lieu fee of $255,463.43 or provide an additional unit to satisfy the requirement. There is currently no impact fee for the retail space proposed as it is under 5,000sf. If the retail space exceeds 5,000sf, an impact fee will be assessed at $6.47/sf. Fees must be paid prior to the issuance of the occupancy certificate of the building. Please note that the in-lieu and impact fees are currently estimates and may change if there are changes to the proposed plans. The Applicant shall provide units to affordable households made available at affordable rental prices to extremely low, very low, low and/or moderate-income households as long as the distribution of affordable units averages to a maximum of 100 percent of Area Median Income. ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 3 H2. Prior to issuance of Building Permits, the Developer shall enter into an Affordable Housing Agreement (AHA) with the City that will determine the affordable rents and apply all terms and covenants guaranteeing the prescribed affordability, to the satisfaction of the Director of Community Development.

Satisfaction of the affordable housing obligation shall be memorialized in the AHA and subject to City Council approval. There will be a fee for the AHA preparation in the amount of $5,610 that will be due prior to execution of the AHA. Additionally, there is an annual monitoring fee per affordable unit in the amount $122. Please note all fees are based on the current Municipal Fee Schedule in effect at the time the project is approved and must be paid prior to the issuance of the occupancy certificate of the building. If note, if project does not receive approval before 7/1/23, the FY23-24 Fee schedule will apply. Fractional unit in-lieu fee will be $284,188,26, AHA preparation fee $5,868 and annual monitoring fee $127 per affordable unit.

PLANNING DIVISION
P1. Obtain required permits and inspections from the Building Official and comply with the conditions thereof. As this project involves land area of one acre or more, the Developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A stormwater pollution prevention plan is also required with the NOI.

P2. Submit plans for final architectural review to the Planning Division and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to: site plans, floor plans, elevations, landscaping, trash enclosure details, lighting and signage. Landscaping installation shall meet City water conservation criteria in a manner acceptable to the Director of Community Development.

P3. A complete landscape plan that includes, type, size and location of all plant species shall be required as part of architectural review of the project for both the private property and adjacent public right-of- way. Review and approval of the complete landscape plan, including water conservation calculations and irrigation plan shall be required prior to issuance of building permits. Installation of landscaping is required prior to occupancy permits.

P4. A master sign program shall be required for the project. This can be submitted as a separate architecture application and shall be approved prior to the occupancy of the building.

P5. The project shall be consistent in all aspects of the Tasman East Focus Area Plan.

P6. Minor changes to the building, landscaping, or other minor plan elements would be subject to Planning Division review and approval of a Minor Amendment to an Approved Project, or through Architectural Review, subject to the discretion of the Director of Community Development.

P7. Prior to issuance of a demolition permit, Developer/Owner shall have an asbestos survey of the proposed site performed by a certified individual. Survey results and notice of the proposed demolition are to be sent to the Bay Area Air Quality Management District (BAAQMD). No demolition shall be performed without a demolition permit and BAAQMD approval and, if necessary, proper asbestos removal.

P8. Incorporate Best Management Practices (BMPs) into construction plans and incorporate post construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of permits. Proposed BMPs shall be submitted to and thereafter reviewed and approved by the Planning Division and the Building Inspection Division for incorporation into construction drawings and specifications.

P9. An erosion control plan shall be prepared, and copies provided to the Planning Division and to the Building Inspection Division for review and approval prior to the issuance of grading permits or building permits that involve substantial disturbance of substantial ground area.

P10. Commercial, industrial, and multi-family residential buildings must have enclosures for solid waste and recycling containers. The size and shape of the enclosure(s) must be adequate to serve the estimated solid waste and recycling needs and size of the building(s) onsite and should be designed and located on the property so as to allow ease of access by collection vehicles. As a general rule, the size of the enclosure(s) for the recycling containers should be similar to the size of the trash enclosure(s) provided onsite. Roofed enclosures with masonry walls and solid metal gates are the preferred design. Any ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 4 required enclosure fencing (trash area, utility equipment, etc.) if not see-thru, shall have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures shall be locked.

P11. The Final Storm Water Management Plan (SWMP) must be certified by a third-party consultant from SCVURPP’s current list of qualified consultants. Five copies of the approval letter from the certified third-party review (wet stamped and signed) must be submitted prior to the issuance of grading or building permit.

P12. Prior to the issuance final occupancy, the applicant shall enter into Operations and Maintenance (O&M) agreement with the City. The project operator is responsible for the operations and maintenance of the SWMP and stormwater BMPs consistent with the O&M agreement throughout the life of the project.

Green infrastructure shall be installed within the public right-of-way consistent with RWQCB requirements.

P13. Developer is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P14. Construction Management Plan. The owner or designee shall submit a construction management plan addressing impacts to the public during construction activities including: showing work hours, noticing of affected businesses, construction signage, noise control, storm water pollution prevention, job trailer location, contractor parking, parking enforcement, truck hauling routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. The plan shall be submitted to the Director of Community Development or designee for approval prior to issuance of demolition and building permits.

P15. Construction activity not confined within a building shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and not permitted on Saturdays, Sundays and State and federal holidays for projects within 300 feet of a residential use. Construction activity confined within a building shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and prohibited on Sundays and State and federal holidays.

P16. The applicant shall pay the Specific Plan Fee for the project prior to the issuance of an approval by the Development Review Hearing. The fee is to defray the cost of preparation, adoption, administration of the specific plan.

P17. The Developer shall comply with the Mitigations Monitoring and Reporting Program (MMRP) identified in the Tasman East Specific Plan Environmental Impact Report (SCH No. 2016122027).

P18. Air Quality Project Conditions.
a. Design the site to limit exposure from sources of TACs and fine particulate matter (PM2.5) emissions. The final site layout shall locate operable windows and air intakes as far as possible from the Union Pacific Railroad line/Lafayette Street and Tasman Drive. b. To the greatest degree possible, plant vegetation along the project site boundaries with Union Pacific Railroad line/Lafayette Street and Tasman Drive and around outdoor use areas. This barrier would include trees and shrubs that provide a dense vegetative barrier. c. Install air filtration at units that have predicted PM2.5 concentrations above 0.3 μg/m3. Air filtration devices shall be rated MERV13 or higher. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds.
d. As part of implementing this measure, an ongoing maintenance plan for the building’s HVAC air filtration system shall be required.
e. Ensure that any lease agreements and other property documents (1) require cleaning, maintenance, and monitoring of the affected units for air flow leaks; (2) include assurance that new owners and tenants are provided information on the ventilation system; and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. f. Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce cancer risk below 10 ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 5 chances per million from any source and PM2.5 concentrations above 0.3 μg/m3 for any source and 0.8 μg/m3 for all sources.
g. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
h. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. i. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel. j. Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the project applicant shall submit a construction operations plan to the Director of Community Development demonstrating that the off-road equipment used for construction of the project would achieve a fleet-wide average of at least 70 percent reduction in DPM exhaust emissions.

To achieve this reduction the construction plan would include the following:
(i) All construction equipment larger than 25 horsepower, operating on-site for more than two days continuously or 20 hours total shall meet U.S.

Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 3 engines with the inclusion of particulate matter emissions control equivalent to California Air Resources Board (CARB)-certified Level 3 diesel emission control devices that achieve a 70 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment or equivalent. (ii) Electrical power lines shall be installed during early construction phases to avoid use of diesel generators, or
(iii) As an alternative to the measures above, the project applicant could request a plan from a qualified air quality specialist demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 70 percent or greater. Such a plan shall be reviewed and approved by the Director of Community Development prior to construction. Elements of the plan could include a combination of the following measures.
 Implementation of the first bullet (use of Tier 4 or alternatively fueled equipment),
 Implementation of the second bullet (installation of electrical power lines),
 Use of electrically-powered equipment,
 Forklifts and aerial lifts for exterior and interior building construction shall be electric or propane/natural gas powered,
 Change in construction build out plans to lengthen phases, and Implementation of different building techniques that result in less diesel equipment usage.

P19. Biological Resources Project Conditions.
a. All free-standing glass railings adjacent to planted vegetation (i.e., amenity terraces on floors six and 21) shall be 100 percent treated with bird-safe treatment. b. Extensive glazing within 60 feet above ground and on the floors above and below the sixth and 21st floor amenity terraces shall be treated with a bird-safe glazing treatment such that no more than 10 percent of the surface area have untreated glazing. c. Landscape vegetation with flowers and fruits shall be removed from any planted areas immediately adjacent to untreated glazed areas.
d. There is potential for bird collisions on floors one to five (i.e., within approximately 60 feet of the ground). Specifically, on floors one and two of the eastern façade and on floors one to five of the ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 6 southern façade as these areas would be located adjacent to landscape vegetation and would consist of extensive glazing. One of the following two alternatives for glazing treatment shall be implemented
(i) No more than 10 percent of the surface area of the building façades combined shall have untreated glazing between the ground and 60 feet above ground. The applicant can determine which areas have untreated glazing; however, it is recommended that untreated glazing be minimized on the southern façade (where collision risks would be the highest); or
(ii) No more than 10 percent of the surface area of the southern and eastern building façades outlined in red on Figures 10 and 11 of Appendix B of this document and below shall consist of untreated glazing. This alternative focuses on the areas where collision would be the highest and would provide less flexibility regarding where unglazed treatment would occur.

Any untreated glazed areas (i.e., 10 percent untreated areas) shall be broken up into sections no greater than 24 square feet in size by mullions or bird-safe treatments. e. No more than 10 percent of the surface area of these combined façades (as outlined in yellow on Figures 10, 12, and 13 of Appendix B of the CEQA Addendum) shall have untreated glazing.

All remaining untreated glazed areas shall be broken up into sections no greater than 24 square feet in size by mullions and bird-safe glazing treatments.

P20. Noise Project Conditions.
a. The proposed retail space and residential units located on floors two to five shall have windows and doors with a Sound Transmission Class (STC) rating of 35 or greater to meet the interior noise threshold established by California Green Building Standards Code (CALGreen) requirements.
b. The proposed residential units along the western (sixth floor and above) and portions of the northern and southern building façades closest to Lafayette Street shall have windows and doors with a STC rating of 32 or greater to meet the interior noise threshold established by the City.
c. The remaining building façades shall have windows and doors with a STC rating of 28 or greater.
d. A suitable form of force-air mechanical ventilation, as determined by the local building official, shall be provided to all dwelling units on-site so that windows can be kept closed at the occupant’s discretion.
e. If substantive changes are made to the design of the project prior to building department submittal, a qualified acoustical consultant shall confirm the noise insulation recommendations based on the final site plans, building elevations, and floor plans of the proposed building.

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

P21. The Developer/ Owner shall develop and implement a Transportation Demand management (TDM) program.

P22. On the annual anniversary of project occupancy, the Developer/Owner shall prepare and provide to the Planning Division an annual report outlining the performance of the TDM.

P23. Prior to the issuance of the occupancy permit, the applicant shall prepare and receive approval on 20 percent vehicle miles traveled (VMT) reduction strategy, 10 percent of which would come from a Transportation Demand Management program (TDM).

FIRE
F1. 25-foot Emergency Vehicle Access Easement on the East side of the building or an alternate judgement from the City Attorney
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 7 F2. 25-foot Emergency Vehicle Access Easement on the North side of the building or an alternate judgement from the City Attorney
F3. The final TMAP (PLN23-00216) shall correctly represent the EVAE (or alternative with city attorney approval) on the North and East side of the building.

F4. An Alternate means permit (to be submitted and reviewed at same time as Building Permit) will be required detailing mitigation for the lack of aerial access. Normal mitigations may include an additional Fire Service Access Elevator, redundant fire sprinkler risers, and active smoke control system.

F5. Please note all conditions will be required to be satisfied prior to Building Permit issuance.

F6. FDC to be moved to address side of the building on Patrick Henry.

F7. Prior to Building Permit Issuance, a Phase II environmental assessment is required to be submitted to CRRD for review. If hazards are present that require site mitigation, cleanup, or management of chemical contaminants in soil, soil vapor, or groundwater a separate permit from one of the regulatory agencies below will be required. The type and extent of contamination on site(s) will govern which of the regulatory agencies noted below can supervise the cleanup: Department of Toxic Substances Control (DTSC); State Water Resources Control Board; or Santa Clara County, Department of Environmental Health.

F8. If the project intends to contract with a State or County Agency for onsite/offsite environmental remediation activities the following documentation shall be provided to the Fire Prevention & Hazardous Materials Division prior to issuance of a Building Permit for demolition or grading: Oversight agency case number; and Oversight mangers contact name, phone number.

F9. Prior to Building Permit Issuance, a Hazardous Materials Inventory Statement is required to be submitted and reviewed.

F10. Prior to Building Permit Issuance, a permit for Construction Safety & Demolition shall be submitted to the fire department for review and approval in compliance with our Construction Safety & Demolition standard.

F11. Prior to Building Permit Issuance, provide documentation from the City of Santa Clara Water & Sewer Department that the minimum required fire-flow can be met. Fire Department fire-flow will be based on the current California Fire Code. The most restrictive departments requirement shall apply.

F12. Prior to Building Permit Issuance, building plans shall show the required number, location and distribution of fire hydrants for the buildings will be based on the current California Fire Code, Appendix C as amended. The required number of fire hydrants will be based on the fire-flow before the reduction for fire sprinklers. Both public and private fire hydrants may be required F13. Prior to the issuance of the Building Permit, a construction permit from the fire department apparatus access roads is required to be submitted for review and approval. Roadways must be provided to comply with all the following requirements:

F14. Fire apparatus access roadways shall be provided so that the exterior walls of the first story of the buildings are located not more than 150 feet from fire apparatus access as measured by an approved route around the exterior of each building. In addition, aerial apparatus roadways must be located so aerial apparatus will have clear access to the “entire” face/sides of the building. The minimum number of sides is project-specific and depends on the building configuration, building design, occupancy, and construction type, etc. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment permit application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. Please note acceptable mitigation methods may have been discussed during the planning stage. Those mitigations are not guaranteed until a formal alternate means permit is submitted ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 8 concurrently with the Building Plans. Conversely, an acceptable mitigation method may not have been discussed and will be evaluated under an alternate means permit at the building permit stage.

F15. For all other areas, the “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches.

F16. The “minimum” width of aerial roadways for aerial apparatus is 26 feet.

F17. The minimum inside turning radius shall be 30 feet.

F18. The “minimum” width of roadways for aerial apparatus is 26 feet. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building.

F19. Overhead utility and power lines easements shall not be located over fire apparatus access roads or between the aerial fire apparatus roads and the buildings to avoid the possibility of injury and equipment damage from electrical hazards.

F20. Fire apparatus access roadways shall be all-weather surface(s) designed to support a gross vehicle weight of 75,000-pounds.

F21. Trees at full development must not exceed 30’ in height and not impair aerials apparatus operations to sweep opposing sides of a building. Other obstructions such as site lighting, bio-retention, and architectural features are reviewed case-by-case to ensure they do not obstruct aerial and ground ladder access.

F22. Traffic control/calming devices are not permitted on any designated fire access roadway unless approved. A separate Fire Department permit is required for any barrier devices installed alone fire department apparatus access roads.

F23. Prior to any Building Department Issuance, all fire department apparatus access roadways on private property are required to “be recorded” with the County of Santa Clara as Emergency Vehicle Access Easements (EVAE’s) and reviewed by the Fire Department. No other instruments will be considered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways.

F24. Prior to Building Permit Issuance, any EVAEs or fire protection equipment (including but not limited to fire service undergrounds, sprinkler piping, fire alarm equipment, fire pumps, ERRCS) that cross property lines or is not located on the parcel of the building it serves shall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE or fire protection equipment.

F25. Prior to Building Permit Issuance, provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.

F26. Prior to any Building Permit issuance, an alternate means or methods permits to mitigate any code deficiency must be submitted and approved. Please submit this permit concurrently with the building plans. Please note specific mitigations may have been discussed during the PCC process. None of these discussions are binding and can only be formally approved through submitting an AMM permit.

The AMM permit is formally documenting that and still needs to be submitted.

PARKS & RECREATION
PR1. This memo assumes the Project is not a subdivision and the Mitigation Fee Act provisions will apply.

The project will generate an estimated 475 residents (2.24 persons/household x 198 units). Based on the MFA standard of 2.53 acres/1,000 residents, the amount of public parkland required for this Project to mitigate the impact of the new resident demand is approximately 1.2355-acres. The equivalent fee due in lieu of parkland dedication is therefore $8,607,456. Final calculations will depend upon the actual number and type of units and the mix of parkland dedicated and remaining fee due, at the discretion of the City.

PR2. In lieu fees imposed under Chapter 17.35 shall be due and payable to the City prior to issuance of a building permit for each dwelling unit.
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 9 PR3. Application for Credit. It does not appear the project will be able to meet the requirements for potential credit.

PR4. Dwelling Unit Tax. According to City Code Chapter 3.15, a dwelling unit tax is also due based upon the number of units and additional bedrooms. The Project mix includes 115 one-bedroom units, and 65 two-bedroom units, and 18 three-bedroom units for a total DUT of $3,475.

POLICE
PD1. The property should be fenced off during demolition and construction as a safety barrier to the public and deterrent to theft and other crime. Consider not having any screening material on the fence so passing Police Patrol checks will be able to see into the site.

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

PD3. In a development where there is an alley, driveway, etc. providing a rear entrance or access, the address shall be displayed to both the front and rear of the individual buildings. Where an alley, driveway, etc. provided vehicular access, address numbers shall be clearly visible from that access.

PD4. Residences with rear alley entrance doors shall be numbered with the same address numbers or suite numbers as the front doors. Numbers that are a minimum height of 4” are recommended.

PD5. There shall be positioned near the entrance an illustrative diagram of the complex, which shows the location of the viewer and unit designations within the complex, including separate building designations. This diagram shall be illuminated and should be protected by vandal and weather resistant covers.

PD6. Each distinct unit within the building shall have its address displayed on or directly above both front and rear doors.

PD7. When there is an alley or driveway to the rear of the residential, business or commercial establishment that provides pedestrian or vehicle access, that area should be fenced and locked after hours. A ‘Knox Box’ or key coded system shall be used for police and fire emergency access.

PD8. Landscaping should follow the National Institute of Crime Prevention standards. That standard describes bushes/shrubs not exceeding 2’ in height at maturity, or maintained at that height, and the canopies of trees should not be lower than 6’ in height. Crime deterrent vegetation is encouraged along the fence and property lines and under vulnerable windows.

PD9. Lighting for the project to be at the IES (Illuminating Engineering Society of North America) standards and include the features listed below: White light source, Pedestrian Scale, Full cut-off or shoebox design, Unbreakable exterior, Tamperproof Housings, Wall mounted lights/10’ high. These features increase natural surveillance, support and/or enhance security camera capabilities, and increase Police Patrol effectiveness.

PD10. Any required enclosure fencing (trash area, utility equipment, etc.) would preferably be see-thru. If for aesthetic reasons prohibit that, the fencing should have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures should be locked.

PD11. If the project includes any benches, these benches should not be longer than 5 feet in length, and should have arm rests at both ends. If the benches are longer than 5 feet in length, there should be a divider (arm rest or similar) in the middle of the bench in addition to the arm rests on both ends. This ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 10 helps prevent unlawful lodging and/or skateboarding. Another option to benches could be cubes, knee walls, or other creative types of seating possibilities.

PD12. The developer should install skate stoppers on any low clearance wall of 36 inches in height or lower to prevent vandalism/damage to the wall from skateboarding or similar activities. If there is outdoor seating associated with a restaurant or similar business which is near vehicle parking stalls, the outdoor space will be designed to ensure the safety of the public from possible vehicular related incidents.

PD13. All exterior doors should be adequately illuminated at all hours with their own light source.

PD14. All construction of dwelling units shall conform to the requirements of the Uniform Building Security Code as adopted by the City of Santa Clara City Council.

PD15. All elevators should be well lit and equipped with a security mirror to provide interior and exterior visibility prior to entry or exit.

PD16. Consider convex mirrors for elevator cabs and at stairwell landings in order to enhance natural surveillance for the user of the elevator or stairs. It is highly desirable to design an elevator shaft and cab to be transparent, making occupants of the cab visible from the outside. All elevators should be well lit and equipped with a security mirror to provide interior & exterior visibility prior to entry or exit.

PD17. Other line of sight obstructions (including recessed doorways, alcoves, etc.) should be avoided on building exterior walls and interior hallways.

PD18. All business, commercial or multi-unit residential establishments, of whatever nature, should have an electronic intruder alarm system installed. The system should cover the interior and perimeter of structures determined to be a value target. Also, consideration should be given to exterior areas that are or contain value targets, such as a product display lot, company vehicle parking area, etc.

PD19. The installation and use of interior and exterior security cameras and recording devices is highly encouraged.

PD20. The parking structure/site should be equipped with a centrally located emergency panic alarm system that reports to a central office. If more than one button/call station is installed, the emergency system should always be in visual distance from another emergency call station. There should not be more than 300 feet separating each call station, which is the current industry standard.

PD21. Exterior stairs shall be open style whenever structurally possible. The stairs should be well lit.

PD22. “White” light meeting the IES standard should be considered. There should be no “dark” areas inside the structure.

PD23. The interior of the parking structure should be painted a light, highly reflective color. This increases the natural lighting available and can help prevent dark areas that attract criminal activity.

PD24. All entrances to the parking areas (structure, surface, subterranean, etc.) shall be posted with appropriate signage to discourage trespassing, unauthorized parking, etc. (See California Vehicle Code section 22658(a) for guidance)
PD25. Alcoves and other visual obstructions that might constitute a hiding place should be eliminated whenever structurally possible. Pillars, columns, and other open construction should be considered over a solid wall design.

PD26. Consider storage, maintenance, and trash rooms within the parking garage having doors which cannot be locked from the inside and that close and lock quickly and automatically upon exit.

PUBLIC WORKS

ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615 -3000 for further information.
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 11 E2. All work within the public right -of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted wi thin a Single Encroachment Permit to be reviewed and issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

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

E4. This Project is subject to the Tasman East Specific Plan Public Infra structure Fee (Fee) . The Fee is based on a per new residential unit basis. The Fee is subject to annual escalation per the Engineering News Record and is due prior to issuance of Building Permits. The City will credit and/or reimburse the developer for the construction of the Tasman East Specific Plan Public Infrastructure improvements included within the scope of the Fee and if constructed with the Project. These improvements are to be included within the Encroachment Permit issued for the Project. Reimbursement agreements are subject to Council approval.

E5. If the developer submits for a Building Permit that causes the total dwelling units to equal or exceed the following thresholds for the total Building Permit submittals of dwelling units within the en tire Tasman East Specific Plan area, the developer shall design and construct the following traffic mitigation improvements:
 3,150 dwelling units - Lafayette Street and Calle Del Mundo (new traffic signal construction)  3,600 dwelling units – Great America Parkway and State Route 237 (configuration of southbound approach to 1 right turn and 1 through right lane)
 3,600 dwelling units – Lafayette Street and Calle De Luna (traffic signal modification to convert westbound approach to 1 left turn and 1 right turn lane).

The above traffic mitigation improvements shall be completed and placed into service prior to developer submitting any request for occupancy.

E6. City will determine cost sharing of public improvements for the Tasman East Specific Area Plan per the Infrastructure Impact Fee.

E7. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

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

E9. Developer shall provide a complete storm drain study for the 10 -year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.

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

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

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

E13. Dedicate sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.

E14. If requested, Developer/property owner shall prepare and submit for City approval a maintenance plan for all sidewalk, curb and gutter, landscaping and irrigation system improvements installed within the public right -of-way prior to encroachment permit issuance. Such plan shall include at a minimum, ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 12 maintenance requirements for trees and shrubs, in acknowl edgement of developer’s/property owner’s obligation under Chapter 12.30 and 17.15.

E15. Obtain Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appro priate fees, prior to start of construction.

E16. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.

E17. Pavement treatment along Calle De Luna shall be full depth reconstruction 4”AC over 14” AB to the center line of the street.

E18. Pavement treatment shall be slurry seal with digouts for the half street width of Lafayette Street to the hardscape median along the project frontage. This is not included in the infrastructure fee and shall be completed at the sole cost of the developer.

E19. The south half of Calle De Luna will be reconstructed with EP21-0185. Per the City pavement moratorium (Ordinance No. 1998), no pavement cuts are permitted for 5 years after 12/31 of the year the encroachment permit work is completed. Refer to https://www.santaclaraca.gov/our-city/departments-g- z/public-works/maintenance-operations/street-maintenance/pavement-preservation-ordinance for more information.

E20. Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction
E21. Residential bicycle parking shall be 66 Class I spaces (one per 3 dwelling units) and 14 Class II spaces (one per 15 dwelling units) per 2007 VTA Bicycle Technical Guidelines based on 198 total residential units.

E22. Class I and Class II bicycle parking, as defined in SCMC 18.74.075, shall be conveniently accessible from the street, within 200 feet of a building entrance and/or highly visible areas.

E23. Landscape improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.

E24. All on-site structures must be clear of Driveway and Corner Visibility Clearance Areas per City Standard Detail TR-9. Show driveway and corner vision triangles on site plan.

E25. Trash collection shall be conducted on-site.

E26. Provide loading and unloading zone on-site
E27. Design and construct minimum 5-foot wide sidewalk.

E28. Design and construct driveway in accordance with City Standard Detail ST-8.

E29. The project shall pay its fair share of the traffic mitigations identified in Tasman East Specific Plan EIR/TIA. The project will pay its fair share towards the 100% project mitigations identified in the Tasman East Specific Plan/TIA.

E1. At project frontage corner, construct two curb ramps in accordance with Caltrans Std Plan A88A, Case A. Curb ramps shall be aligned with crosswalks.

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

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

L3. Identified existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City of Santa Clara prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.

Solid Waste
SW1. The applicant shall complete and provide the Post-Construction Solid Waste Generation Estimation and Collection Form, which includes the estimation of trash and recycling materials generated from the ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 13 project. Use the City’s Solid Waste Guidelines for New and Redevelopment Projects as specified by the development type. Contact the Public Works Department at [email protected] or (408) 615-3080 for more information. Post Construction Solid Waste Generation and Collection Form to indicate how landscape waste will be addressed (either self-hauled by landscape company or collected in separate yard waste container provided by Mission Trail Waste Systems).

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

All plans shall comply with the City’s Solid Waste Guidelines.

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

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

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

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

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

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

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

ST3. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST4. Floor drains within trash enclosures shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST5. All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for runoff to contact pollutants.

SILICON VALLEY POWER
SVP1. Clearances: (Make sure job notes do not conflict with SVP clearance requirements) a. EQUIPMENT
i. Ten (10) foot minimum clearance is required in front of equipment access doors. (UG1000 sheet 11)
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 14 ii. Five (5) foot minimum clearance from pad is required on sides without equipment access doors. (UG1000 sheet 11)
iii. Eighteen (18) foot minimum width, shall be provided and maintained on one side of the equipment pad to allow an electric dept. line truck to drive up next to the pad for installation and maintenance of equipment. (UG1000 Sheet 11). iv. Barrier pipes are required only on sides accessible to vehicles. (UG1000 Sheet 12).

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

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

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

Exceptions are for riser conduit. (UG1250 Sheet 7)
e. Guy Anchors
i. Five (5) foot minimum clearance is required between center of anchor line and any excavation area. (UG1250 sheet 15).
f. Trees
i. OH 1230 for Overhead Lines
ii. SD 1235 for Tree Planting Requirements near UG Electric Facilities SVP2. Reference listed SVP standards for clearances.
a. Installation of Underground Substructures by Developers b. UG1250 – Encroachment Permit Clearances from Electric Facilities c. UG0339 – Remote Switch Pad
d. OH1230 – Tree Clearances From Overhead Electric Lines e. SD1235 – Tree Planting Requirements Near Underground Electric Facilities SVP3. Prior to submitting any project for Electric Department review, applicant shall provide a site plan showing all existing utilities, structures, easements and trees. Applicant shall also include a “Load Survey” form showing all current and proposed electric loads. A new customer with a load of 500KVA or greater or 100 residential units will have to fill out a “Service Investigation Form” and submit this form to the Electric Planning Department for review by the Electric Planning Engineer. Silicon Valley Power will do exact design of required substructures after plans are submitted for building permits. ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 15 SVP4. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

SVP5. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

SVP6. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050.

SVP7. Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes. Electric meters and main disconnects shall be installed per Silicon Valley Power Standard MS-G7, Rev. 2.

SVP8. The developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter

17.15.110).

SVP9. If the “legal description” (not “marketing description”) of the units is condominium or apartment, then all electric meters and services disconnects shall be grouped at one location, outside of the building or in a utility room accessible directly from the outside. If they are townhomes or single-family residences, then each unit shall have it’s own meter, located on the structure. A double hasp locking arrangement shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided. Utility room door(s) shall not be alarmed.

SVP10. If transformer pads are required, City Electric Department requires an area of 17’ x 16’-2”, which is clear of all utilities, trees, walls, etc. This area includes a 5’-0” area away from the actual transformer pad. This area in front of the transformer may be reduced from a 8’-0” apron to a 3’-0”, providing the apron is back of a 5’-0” min. wide sidewalk. Transformer pad must be a minimum of 10’-0 from all doors and windows, and shall be located next to a level, drivable area that will support a large crane or truck.

SVP11. All trees, existing and proposed, shall be a minimum of five (5) feet from any existing or proposed Electric Department facilities. Existing trees in conflict will have to be removed. Trees shall not be planted in PUE’s or electric easements.

SVP12. Any relocation of existing electric facilities shall be at Developer’s expense.

SVP13. Electric Load Increase fees may be applicable.

SVP14. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property.

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

SVP15. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or more or any series of non-residential private improvements made within a three-year period valued at $200,000 or more (Santa Clara City Code Title 17 Appendix A (Table III)).

SVP16. Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “Open-Transition- Mode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

SVP17. Encroachment permits will not be signed off by Silicon Valley Power until Developers Work substructure construction drawing has been completed.

SVP18. All SVP-owned equipment is to be covered by an Underground Electric Easement (U.G.E.E.) This is different than a PUE. Only publically-owned dry utilities can be in a UGEE. Other facilities can be in a ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 16 joint trench configuration with SVP, separated by a 1’ clearance, providing that they are constructed simultaneously with SVP facilities. See UG 1000 for details.

SVP19. Proper clearance must be maintained from all SVP facilities, including a 5’ clearance from the outer wall of all conduits. This is in addition to any UGEE specified for the facilities. Contact SVP before making assumptions on any clearances for electric facilities.

SVP20. Transformers and Switch devices can only be located outdoors. These devices MAY be placed 5’ from an outside building wall, provided that the building wall in that area meets specific requirements. (See UG 1000 document for specifics) EXAMPLE: If there are any doors, windows, vents, overhangs or other wall openings within 5’ of the transformer, on either side, then the transformer MUST be 10’ or more away from the building. These clearances are to be assumed to be clear horizontally 5’ in either direction and vertically to the sky.

SVP21. All existing SVP facilities, onsite or offsite, are to remain unless specifically addressed by SVP personnel by separate document. It is the Developers responsibility to maintain all clearances from equipment and easements. Developer to contact SVP outside of the PCC process for clear definitions of these clearance requirements. Developer should not assume that SVP will be removing any existing facilities without detailed design drawings from SVP indicating potential removals. Simply indicating that SVP facilities are to be removed or relocated on conceptual plans does not imply that this action has been approved by SVP.

SVP22. SVP does not utilize any sub-surface (below grade) devices in its system. This includes transformers, switches, etc.

SVP23. All interior meter rooms at ground level are to have direct, outside access through only ONE door.

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

SVP24. High Rise Metering and Multi-Floor Infrastructure Requirements a. Refer to UG0250 – High Density Residential Metering Requirements b. Refer to FO-1901 – Fiber Optic Splicing and Testing Methods SVP25. In the case of podium-style construction, all SVP facilities and conduit systems must be located on solid ground (aka “real dirt”), and cannot be supported on parking garage ceilings or placed on top of structures.

SVP26. Applicant is advised to contact SVP (CSC Electric Department) to obtain specific design and utility requirements that are required for building permit review/approval submittal. Please provide a site plan to Leonard Buttitta at 408-615-6620 to facilitate plan review.

SVP27. In events where electric load demand exceeds 2MVA or service size exceeds 4000 Amps at 480V for a building, the Customer shall take service at 12KV. If electric load for a single metered location service exceeds 4.5MVA, additional 12KV service(s) may be provided. All 12KV utility connection points terminate at the Customer Switchgear. UGEE easement up to the Customer Switchgear is required, along with an 18’ drivable space. 10’ working clearance is required in front of and behind the switchgear. 5’ working clearance is required on the sides of the switchgear (with no panels). Customer 12KV Switchgear must be located outdoors on “real dirt” unless otherwise agreed upon with SVP. SVP owns and maintains the cable/conduit up to the customer switchgear.

SVP28. In events where electric service is provided at 120/208V or 277/480V the utility connection point is at the secondary compartment of SVP transformers. Customer owns and maintains the cable and conduits up to the SVP transformers.

SVP29. No cross-parcel distribution is allowed. SVP service points must be within the parcels that they serve.

WATER & SEWER
W1. Recycled Water Use: Pursuant to Chapter 13.15, Water, Article IV. Regulation of Recycled Water Service and Use, of the Municipal Code, the project is required to use recycled water for all non -potable uses where recycled water is made available and where provided for by Recycled Water regulations. This project is required to extend and connect to the City’s existing Recycled Water System.

W2. Recycled Water Design: Each Recycled Water land use (irrigation, dual-plumbing, cooling system, industrial processes, etc.) shall have a separate metered service connection to the main. Applicant ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 17 shall verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

W3. On-site Recycled Water Construction: Construction and installation of all on-site recycled water system equipment shall not begin until the Compliance Division of Water and Sewer Utilities has approved the on-site recycled water design. Please note on-site designs are generally not the same as the Building Permit plans. On-site recycled water plans require SBWR and California State Water Resources Control Board, Division of Drinking Water signatures for final approval.

W4. On-site Recycled Water Inspection: Inspections are required at all on-site recycled water systems being installed prior to backfilling trenches or cover in walls and ceilings. Request a recycled water inspection by email [email protected] or call (408) 615-2002. Please provide the site location, SBWR project ID, and date and time preferences. These inspections are in addition to the Building Permit inspections.
a. Need to verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

W5. Potable Water Main: The applicant shall replace the existing AC water main on Lafayette Street with a new 12” DIP water main. The water main replacement shall begin and end at a valve connection and shall extend, at a minimum, the entire length of the property's frontage or as determined by the Development Impact Analysis.

W6. Recycled Water Main: The project shall install a new 8" DIP recycled water main extending from the point of connection on Lafayette Street near the intersection of Calle De Luna to the northern property line of the project site.

W7. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.

W8. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details.

Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12” minimum vertical clearance is maintained.

W9. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W10. Separate Services: Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 18 existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W11. City Standard Meters and Backflows: All meters and backflows for all water services (new and existing) shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W12. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If existing services will be used, all existing meters and backflow devices shall be upgraded to meet current City standards. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.

W13. On-Site Storm Drain Treatment: Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.

W14. Water Usage: Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).

W15. Landscaping: All the landscaping for the project shall comply with the California Water Conservation in Landscaping Act, Government Code Section 65591 et. seq. All plants shall be California native, non- invasive, low water-using or moderate water-using. High water-using plants and nonfunctional turf are prohibited.

W16. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features may be permanently connected to the City’s recycled water supply.

W17. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

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

W18. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000.

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

W19. Record Drawings: Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.

W20. Water Shortage Response Actions: Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 19 Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
a. prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control.
b. restrict the use of potable water used for construction and dust control if recycled water is available.

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

SAN JOSE AIRPORT PLANNING AND DEVELOPMENT
A1. The 04/07/2023 plan set identifies a proposed maximum building height (top of mech. screen) of 249 feet above ground level (AGL) / 259 feet above mean sea level (AMSL). Federal regulations applicable to this project site require that any proposed structure higher than approximately 170 feet AGL / 180 feet AMSL must be submitted to the FAA for airspace safety review via applicant filings of a “Notice of Proposed Construction or Alteration” (FAA Form 7460-1).
• The Airport recommends that the applicant file Form 7460 -1 notices with the FAA for each roof - top corner and the top point of the structure (if not coincident with a roof-top corner). The location and elevation data on the forms should be prepared by a licensed civil engineer or surveyor at a “1-A” accuracy standard using NAD83 latitude/longitude coordinates out to hundredths of seconds and NAVD88 elevation rounded off to net highest foot.
• In conformance with Santa Clara General Plan policy (5.10.5 -P33), FAA “Determinations of No Hazard” should be issued prior to PLN23-00216 approval, with any conditions set forth in the FAA determinations, such as roof -top obstruction lighting or construction -related notifications, incorporated into PLN23-00216 as permit conditions of approval.

A2. If the proposed project is approved, permit conditions of approval to be fulfilled prior to issuance of a building permit would include property owner dedication of an Avigation Easement (City of Santa Clara General Plan policy 5.10.5 -P32) to the City of San Jose, as this project is in the Santa Clara County Airport Land Use Commission, Airport Influence Area (AIA).

A3. Federal regulations applicable to this project require that any proposed temporary structure (construction cranes or similar) must also be submitted to the FAA for airspace safety review via applicant filings of a “Notice of Proposed Construction or Alteration” (FAA Form 7460-1).

A4. For any staff or applicant questions regarding the above comments contact San Jose Airport Planning & Development: Ryan Sheelen, at 408 -392-1193, [email protected] or Joh n Wilson at 408 -392-1136, [email protected].

5185 Lafayette Street (Parcel 11) Project 1 Addendum to Tasman East FEIR City of Santa Clara October 2023

ADDENDUM TO THE TASMAN EAST SPECIFIC PLAN

FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
5185 LAFAYETTE STREET (PARCEL 11) PROJECT

October 2023

1.1 PURPOSE OF ADDENDUM
The California Environmental Quality Act (CEQA) recognizes that between the date an environmental document is certified and the date the project is fully implemented, one or more of the following changes may occur: 1) the project may change; 2) the environmental setting in which the project is located may change; 3) laws, regulations, or policies may change in ways that impact the environment; and/or 4) previously unknown information can arise. Before proceeding with a project, CEQA requires the Lead Agency to evaluate these changes to determine whether or not they affect the conclusions in the environmental document.

On September 13, 2018, the City of Santa Clara certified the Tasman East Specific Plan Final Environmental Impact Report (TESP FEIR) and approved the Tasman East Specific Plan (TESP) project. The TESP was envisioned by the City to create a Transit-Oriented Development Mixed-Use Neighborhood. The TESP supports existing and planned land uses in the project area. The FEIR analyzed the development of up to 4,500 dwelling units, approximately 106,000 square feet of retail space (including a 25,000 square foot grocery store) and a 600-student school in the City of Santa Clara.

The intent and purpose of the TESP FEIR was to provide program-level environmental review for the TESP. This addendum tiers from the TESP FEIR and provides site-specific analysis for the proposed project and assesses consistency of the project with the TESP.

CEQA Guidelines Section 15162 states that when an Environmental Impact Report (EIR) has been certified or a Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the Lead Agency determined, on the basis of substantial evidence in light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted, shows any of the following:

5185 Lafayette Street (Parcel 11) Project 2 Addendum to Tasman East FEIR City of Santa Clara October 2023
a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

CEQA Guidelines Section 15164 states that the Lead Agency (City of Santa Clara) or a Responsible Agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 (see above) calling for preparation of a subsequent EIR have occurred.

This addendum analyzes the 5185 Lafayette Street (Parcel 11) Project under Section 15162. The proposed project would redevelop approximately 0.90 acres located within the western portion of the TESP area which is currently developed with one light industrial building (approximately 13,720 square feet) and associated surface parking lot. The project would construct a 21-story, residential building with up to 198 residential units and approximately 3,008 square feet of retail.1

Based on the proposed project description and knowledge of the project site (based on the environmental review prepared for the TESP FEIR), the City has concluded that the proposed project would not result in any new impacts not previously disclosed in the TESP FEIR and would not result in a substantial increase in the magnitude of any significant environmental impacts previously identified in the FEIR. For these reasons, an addendum to the TESP FEIR has been prepared for the proposed project.

This addendum will not circulate for public review, but will be attached to the TESP FEIR, pursuant to CEQA Guidelines Section 15164(c).

A copy of the TESP FEIR is available in the City of Santa Clara at 1500 Warburton Avenue, during normal business hours, or on the City’s website at www.santaclaraca.gov.

1 Retail is shown on the ground floor of the plan set. Per the project applicant, the space would be either retail or a private club for residents. For the purposes of this analysis, it is assumed that retail is proposed. 5185 Lafayette Street (Parcel 11) Project 3 Addendum to Tasman East FEIR City of Santa Clara October 2023
SECTION 2.0 PROJECT DESCRIPTION

2.1 PROJECT OVERVIEW
The project would redevelop approximately 0.9 acres [Assessor’s Parcel Numbers (APN) 097-46- 011)] along the central western portion of the TESP area. The TESP area is approximately 46.0 acres of land within the City of Santa Clara that was originally comprised of approximately 708,000 square feet of light industrial/commercial/office space in an existing industrial area. The TESP area is bounded by the former Santa Clara Golf & Tennis Club to the north, the Guadalupe River to the east, Tasman Drive to the south, and Lafayette Street to the west. Please refer to Figure 2.1-1 for an aerial photograph of the project site and surrounding land uses.

2.2 PROPOSED PROJECT

2.2.1 Proposed Development
The project site is developed with an approximately 13,720-square foot light industrial building and associated surface parking lot on the western side of the TESP area. As proposed, the project would demolish the existing building and construct a 21-story, residential building as described below.

Please refer to Figures 2.2-1 to 2.2-3 for the site plan and elevations.

The proposed building would consist of 198 residential units with approximately 3,008 square feet of ground floor retail2 and would have a residential density of 220 dwelling units per acre (du/ac).3 The proposed building would be a maximum height of 219 feet to the roofline. Parking would be provided within two levels of below-grade parking and within the building on floors two to five. A small number of residential units would also be located on floors two to five. Floors six to 21 would consist of residential units ranging from nine units to 13 units.

The project would provide up to 8,264 square feet of usable open space. A gateway plaza and covered patio and dining area are proposed on the ground floor and an outdoor fitness area and yoga patio are proposed on the sixth floor. Amenities proposed on the 21st floor would include a pool and spa, cabanas, BBQ area, entertainment room, and dining terrace. In addition, each residential unit would include a balcony/patio.

Currently, the project site can be accessed via two driveways (one along Lafayette Street and one along Calle De Luna) which would be retained. A total of 310 vehicular parking spaces and 110 bicycle parking spaces are proposed.

2.2.2 Green Building Measures
The proposed project would be required to be built in accordance to the California Green Building Standards Code (CALGreen), which includes design provisions intended to minimize wasteful energy consumption, and the City’s Reach Code. The project is required to achieve the minimum Leadership in Energy and Environmental Design (LEED) certification or equivalent, such as Build It Green.
2 Retail is shown on the ground floor of the plan set. Per the project applicant, the space would be either retail or a private club for residents. For the purposes of this analysis, it is assumed that retail is proposed. 3 198 proposed residential units in total / 0.9-acres = 220 du/ac.

Commercial/Light Industrial
2300
Calle Del Luna
Under Construction
Calle Del Mundo
Calle De LunaLafayette Street
Stars and Stripes Drive
U.P.R.R.

Calle Del Mundo
Calle De LunaLafayette Street
Stars and Stripes Drive
U.P.R.R.

Aerial Source: Google Earth Pro, Dec. 6, 2022. Photo Date: Mar. 2022 0 25 100 150 250 Feet
Project Boundary
AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 2.1-1 5185 Lafayette Street (Parcel 11) Project
City of Santa Clara
4 Addendum to Tasman East FEIR
October 2023
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Addendum to Tasman East FEIR
October 2023
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ELEVATIONS – SOUTH & NORTH FIGURE 2.2-2
5185 Lafayette Street (Parcel 11) Project
City of Santa Clara
6 Addendum to Tasman East FEIR
October 2023
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5185 Lafayette Street (Parcel 11) Project
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7 Addendum to Tasman East FEIR
October 2023
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As proposed, the project would include the following green building design features:
• Stormwater treatment on-site
• Provide 110 bicycle parking spaces on-site
• Provide unbundled parking and a rideshare area on-site • Utilize materials on the roof and all hardscape areas that would reduce the heat island effect • Provide thermal comfort controls for all residential units • Sixty-five percent construction and demolition waste management, consistent with the City of Santa Clara Construction & Demolition Debris Recycling Program • Energy Star appliances

2.2.3 Transportation Demand Management Plan
Transportation Demand Management (TDM) programs are intended to reduce vehicle trips and parking demand by promoting the use of multimodal transportation options. As discussed in the TESP FEIR, the City’s Climate Action Plan (CAP) requires that all residential development within the TESP develop and implement a plan for a minimum 20 percent reduction in Vehicle Miles Traveled (VMT) with a minimum of 10 percent being achieved through a TDM Plan. Consistent with this mandate, the project would include the following TDM Measures.

Table 2.2-1: Required/Proposed TDM Measures
Required TESP Measures
Limited parking supply; dedicated electric-vehicle (EV) parking Unbundled residential parking
Participation in the Tasman East Transportation Coordination Group (TETCG); includes transit passes, bikeshare programs, bicycle repair facilities, and commute information/marketing Transportation coordinator; trip monitoring and reporting Bicycle parking and amenities; electric scooter corrals Project-Specific Measures
On-site amenities
Secure bicycle parking
Source: Gomez, Rob. Development Director, Ensemble Real Estate Investments. July 5, 2023.

2.2.4 General Plan and Zoning Designations
The project site has a General Plan land use designation of Transit Neighborhood (100-350 du/ac), which allows multi-family residential uses and supportive commercial and public/quasi-public uses.

This density range is intended to take advantage of proximity to transit, offering an urban feel, including a positive public realm within a right-of-way accommodating all modes of transportation.

Building forms are typically mid- to high-rise buildings featuring structured or below-grade parking, as well as shared outdoor space. Under the TESP, all sites of one acre or more in size are required to accommodate a minimum density of 100 du/ac. Each parcel of less than one acre in size is required to accommodate a minimum of 60 du/ac.

The site is zoned Transit Neighborhood (TN), which allows for development of a high-density residential neighborhood with a mix of uses at the ground floor. Consistent with the General Plan

5185 Lafayette Street (Parcel 11) Project 9 Addendum to Tasman East FEIR City of Santa Clara October 2023
designation described above, residential densities within the TN zoning district would range from a minimum of 60 du/ac on sites less than one acre in size to a minimum of 100 du/ac for sites of one acre or larger in size with no maximum density for individual parcels, all the while maintaining an overall unit cap of 4,500 units for the entire TESP area.

The proposed residential development would have a density of 220 du/ac, consistent with the Transit Neighborhood General Plan and zoning designations. The addition of 198 residential units would not exceed the TESP unit cap of 4,500 units.

5185 Lafayette Street (Parcel 11) Project 10 Addendum to Tasman East FEIR City of Santa Clara October 2023
SECTION 3.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED

PROJECT
The discussion below describes the environmental impacts of the proposed project compared to the impacts of the approved TESP FEIR. Also noted are any changes that have occurred in the environmental setting that would result in new impacts or impacts of greater severity than those identified in the previously certified FEIR. This Addendum only addresses those resource areas which could potentially have new impacts or impacts of greater severity (specific to the project site) than were addressed in the TESP FEIR. Based on the project’s consistency with the development assumptions and General Plan and zoning designations, the proposed project would have the same impacts with regard to the following environmental issues:

• Aesthetics • Mineral Resources
• Agricultural Resources • Population and Housing
• Cultural Resources/Tribal Cultural Resources • Public Services • Energy • Recreation
• Geology and Soils • Transportation/Traffic
• Greenhouse Gas Emissions • Utilities and Service Systems • Land Use and Planning

All relevant best management practices, conditions of approval, and mitigation measures identified in the TESP FEIR for these resource areas are incorporated by reference and would be required by the project.

The proposed project includes the construction of a 21-story, residential building with up to 198 residential units and approximately 3,008 square feet of ground floor retail. This Addendum analyzes the impacts of the proposed project and consistency with the TESP FEIR regarding the following environmental issues:

• Air Quality • Hydrology and Water Quality
• Biological Resources • Noise and Vibration
• Hazards and Hazardous Materials

5185 Lafayette Street (Parcel 11) Project 11 Addendum to Tasman East FEIR City of Santa Clara October 2023

3.1 EXISTING SETTING
The project site and area consist of light industrial, commercial, and new residential buildings in the City of Santa Clara. The project site is bounded by Lafayette Street to the west, light industrial buildings to the north and east, and Calle De Luna and a site, located at 2300 Calle De Luna, that is currently under construction to the south. Since approval of the TESP project in 2018, there are currently three residential projects (e.g., 2343 Calle Del Mundo, 2300 Calle De Luna, and 5123 Calle Del Sol) within the TESP area that are currently under construction. In addition, the 2233 Calle Del Mundo Residential Project, File No. PLN2018-13446, is currently built and units are being leased.

3.2 AIR QUALITY
The following analysis addresses the potential air quality impacts that would result from construction and operation of the proposed project.

3.2.1 Findings of the Previously Certified FEIR
Construction Emissions
Construction activities from full build out of the TESP may generate dust and other particulate matter (PM10 and PM2.5) that could temporarily impact nearby land uses, particularly sensitive receptors. In addition, construction equipment and associated heavy-duty truck traffic would generate diesel exhaust, a known toxic air contaminant (TAC) which would pose a community risk to nearby sensitive receptors. The primary community risk impact issues associated with construction emissions are cancer risk and exposure to fine particulate matter (PM2.5).

Construction exhaust emissions include those from equipment (i.e., off-road) and traffic (on-road vehicles and trucks). Off-road construction equipment is often diesel-powered and can be a substantial source of nitrogen oxide (NOX) emissions, in addition to PM10 and PM2.5 emissions.

Architectural coatings and application of asphalt pavement are dominant sources of reactive organic gas (ROG) emissions. The combination of temporary dust from activities and diesel exhaust from construction equipment and related traffic may exceed Bay Area Air Quality Management District’s (BAAQMD’s) project-level thresholds on a project-by-project basis. Additionally, NOX emissions during grading and soil import/export may exceed the BAAQMD NOX emission thresholds. The TESP FEIR identified the following air quality impact.

Impact AQ-1: The project would result in significant construction air pollutant emissions due to dust generation and emissions of TACs and criteria pollutants during construction.

The following mitigation measures were included in the approved project to control dust and reduce construction TAC and criteria pollutant emissions during construction:

MM AQ-1.1: During any construction period ground disturbance, the applicant shall ensure that the project contractor implements the following BAAQMD BMPs:

3.2.1.1 5185 Lafayette Street (Parcel 11) Project 12 Addendum to Tasman East FEIR City of Santa Clara October 2023
• 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 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 AQ-1.2: Construction criteria pollutant and TAC quantification will be required on a project-level basis for individual development projects once those details are available through modeling to identify impacts and, if necessary, include measures to reduce emissions. The analysis must be submitted for City review and approval, once complete. Health risks from construction TACs shall be reduced below 10 in one million excess cancer cases, a hazard index of 1.0, and PM2.5 emissions of 0.3 µg/m3. Criteria pollutant emissions shall not exceed BAAQMD construction criteria pollutant emissions thresholds.

Reduction in emissions can be accomplished through, though 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 compound paints;
• Modify construction schedule; and

5185 Lafayette Street (Parcel 11) Project 13 Addendum to Tasman East FEIR City of Santa Clara October 2023
• Implementation of BAAQMD Basic and/or Additional Construction mitigation measures for control of fugitive dust.

Implementation of mitigation measures AQ-1.1 and AQ-1.2 would ensure that construction emissions impacts from individual development projects under the TESP would be reduced to a less than significant level.

Operational Emissions
The TESP FEIR concluded that full build out of the TESP would result in long-term area and mobile source emissions from operation of subsequent development. Build out of the TESP would exceed the BAAQMD significance thresholds for ROGs and NOx. The TESP FEIR identified the following air quality impact.

Impact AQ-2: The operation of the project would result in significant operational ROG and NOx emissions thereby contributing to regional ozone impacts.

The following mitigation measures were included in the approved project to reduce operational ROG and NOx emissions impacts:

MM AQ-2.1: Proposed residential development within the TESP shall implement TDM programs to reduce residential vehicle miles traveled as required by the City’s Climate Action Plan. The TDM programs would be reviewed and approved by the Community Development Director prior to issuance of building permits. An annual TDM monitoring report shall be submitted to the Community Development Director to document each development is meeting the required TDM program reductions.

MM AQ-2.2: Proposed development within the TESP shall incorporate additional green building measures such as rooftop solar photovoltaic (PV) systems, rough-ins for electric vehicle charging, use of efficient lighting and irrigation, and recycled water, as feasible, to the satisfaction of the Community Development Director.

MM AQ-2.3: Developed parcels shall require within their covenants, conditions, and restrictions (CC&Rs) and/or ground leases requirements for all future interior spaces to be repainted only with architectural coatings that meet the “Low- VOC” or “Super-Compliant” requirements. “Low-VOC” refers to paints that meet the more stringent regulatory limits in South Coast AQMD Rule 1113; however, many manufacturers have reformulated to levels well below these limits. These are referred to as “Super-Compliant” Architectural Coatings.

Even with implementation of the identified mitigation measures, operational ROG and NOx emissions from operation of the project would remain significant and unavoidable.

3.2.1.2 5185 Lafayette Street (Parcel 11) Project 14 Addendum to Tasman East FEIR City of Santa Clara October 2023
Toxic Air Contaminants
CEQA does not address the effects of existing environmental conditions on a project. Nevertheless, the City of Santa Clara addressed the effect of existing local emission sources on future residents in the TESP area as a planning consideration.

The TESP FEIR identified three sources of TACs and PM2.5 emissions. The Union Pacific Railroad (UPRR), Lafayette Street, and Tasman Drive would affect the western portion of the site, within 270 feet of the rail line, and the southern portion of the site, within 110 feet of the Tasman Drive edge of travel lane. Any development proposed within the identified affected areas would expose future sensitive receptors on-site to significant cancer risk and/or PM2.5 concentrations. Therefore, the following conditions of approval were included in the approved project.

Conditions of Project Approval:

• Design the site to limit exposure from sources of TACs and fine particulate matter (PM2.5) emissions. The final site layout shall locate operable windows and air intakes as far as possible from the Union Pacific Railroad line/Lafayette Street and Tasman Drive. • To the greatest degree possible, plant vegetation along the project site boundaries with Union Pacific Railroad line/Lafayette Street and Tasman Drive and around outdoor use areas. This barrier would include trees and shrubs that provide a dense vegetative barrier. • Install air filtration at units that have predicted PM2.5 concentrations above 0.3 μg/m3. Air filtration devices shall be rated MERV13 or higher. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds.
• As part of implementing this measure, an ongoing maintenance plan for the building’s HVAC air filtration system shall be required.
• Ensure that any lease agreements and other property documents (1) require cleaning, maintenance, and monitoring of the affected units for air flow leaks; (2) include assurance that new owners and tenants are provided information on the ventilation system; and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed.
• Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce cancer risk below 10 chances per million from any source and PM2.5 concentrations above 0.3 μg/m3 for any source and 0.8 μg/m3 for all sources.

3.2.l.3

5185 Lafayette Street (Parcel 11) Project 15 Addendum to Tasman East FEIR City of Santa Clara October 2023

3.2.2 Air Quality Impacts Resulting from the Proposed Project A Construction Air Quality Analysis and Health Risk Assessment was prepared by Illingworth & Rodkin, Inc. in August 2023. A copy of this report is provided in Appendix A of this document.

CEQA Thresholds of Significance
Impacts from the Project

As discussed in CEQA Guidelines Section 15064(b), the determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the Lead Agency and must be based to the extent possible on scientific and factual data. The City of Santa Clara has carefully considered the thresholds updated by BAAQMD in April 2023 and regards these thresholds to be based on the best information available for the San Francisco Bay Area Air Basin and conservative in terms of the assessment of health effects associated with TACs and PM2.5. The City has also applied these thresholds consistently across its environmental documents. The BAAQMD CEQA Air Quality thresholds for criteria air pollutants and fugitive dust used in this analysis are identified in Table 3.2-1. Table 3.2-2 below lists the BAAQMD health risk and hazards thresholds for single-source and cumulative-sources.

Table 3.2-1: BAAQMD Air Quality Significance Thresholds Criteria Air
Pollutant
Construction Operation-Related
Average
Daily
Emissions
(pounds/day)
Average
Daily Emissions
(pounds/day)
Maximum
Annual Emissions
(tons/year)
ROG and NOx 54 54 10
PM10 82
(exhaust) 82 15
PM2.5 54
(exhaust) 54 10
CO Not
Applicable 9.0 ppm (eight-hour) or 20.0 ppm (one-hour)
Fugitive Dust BMPs Not Applicable
Notes: ROG = reactive organic gases, NOx = nitrogen oxide, PM10 = course particulate matter or particulates with a diameter of 10 micrometers (μm) or less, PM2.5 = fine particulate matter or particulates with a diameter of 2.5μm or less, CO = carbon monoxide.

Source: Bay Area Air Quality Management District. 2022 CEQA Air Quality Guidelines. April 2023.

Table 3.2-2: BAAQMD Health Risk and Hazards Thresholds
Health Risk Single Source Combined Cumulative Sources
Cancer Risk 10 per one million 100 per one million
Non-Cancer Hazard Index 1.0 10.0
Annual PM2.5 Concentration 0.3 µg/m3 0.8 µg/m3
Notes: µg/m3 = micrograms per cubic meter, PM2.5= fine particulate matter or particulates with a diameter of 2.5 micrometers or less.

Source: Bay Area Air Quality Management District. 2022 CEQA Air Quality Guidelines. April 2023.

3.2.2.1 5185 Lafayette Street (Parcel 11) Project 16 Addendum to Tasman East FEIR City of Santa Clara October 2023
Construction Period Emissions – Criteria Pollutants
Construction period criteria pollutants were estimated using the California Emissions Estimator Model (CalEEMod) Version 2022. The proposed land uses were input into CalEEMod, which included 198 dwelling units and 192,702 square feet4 entered as “Apartments High-Rise,” and 310 parking spaces entered as Enclosed Parking with Elevator.” In addition, it was assumed that construction of the project would begin in August 2024 for 34 months, or 741 construction workdays.

Table 3.2-4 below shows the average daily emissions from criteria pollutants during the construction period. The model, assumptions, and results are described further in Appendix A of this document.

Table 3.2-3: Construction Period Criteria Pollutant Emissions Year ROG NOx PM10 PM2.5
Construction Emissions (tons)
2024 0.02 0.37 0.01 0.01
2025 0.16 1.05 0.03 0.03
2026 1.06 0.75 0.02 0.02
2027 0.43 0.21 <0.01 <0.01
Average Daily Construction Emissions (pounds/day)
2024 (109 construction workdays) 0.43 6.72 0.20 0.17
2025 (261 construction workdays) 1.25 8.07 0.24 0.22
2026 (261 construction workdays) 8.13 5.74 0.13 0.12
2027 (109 construction workdays) 7.86 3.86 0.07 0.06
BAAQMD Thresholds (pounds per day) 54 54 82 54
Exceed Threshold? No No No No

As shown in the table above, construction period criteria pollutant emissions associated with the proposed project would not exceed the BAAQMD significance thresholds. Therefore, the project would not result in a significant impact from construction emissions. All projects proposed under the TESP would be required to comply with mitigation measure AQ-1.1 which includes Best Management Practices (BMPs) to reduce fugitive dust from construction activities. In addition to those BMPs, the project would be required to comply with the following measures, which are consistent with the latest BAAQMD BMPs, as a conditions of project approval.

Conditions of Project Approval:

• All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the site. • Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.

4 Retail is shown on the ground floor of the plan set. Per the project applicant, the space would be either retail or a private club for residents. Because the 3,008-square feet of retail or private club was accounted for in the total residential square footage, the construction emission estimates would not change regardless of the use.

3.2.2.2 5185 Lafayette Street (Parcel 11) Project 17 Addendum to Tasman East FEIR City of Santa Clara October 2023
With implementation of AQ-1.1 and the additional BMPs, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified construction criteria pollutant air quality impacts.

Construction – Community Risk Impacts
Construction equipment and associated heavy-duty truck traffic generates diesel exhaust, a known TAC. A community health risk assessment was prepared to evaluate the potential health effects of sensitive receptors at the nearby residences from diesel particulate matter (DPM) and PM2.5.

Construction emissions from the off-road construction equipment and exhaust emissions from on- road vehicles were modeled using CalEEMod. The U.S. Environmental Protection Agency (EPA) American Meteorological Society/Environmental Protection Agency Regulatory Model (AERMOD) was used to predict DPM and PM2.5 concentrations at existing sensitive receptors in the vicinity of the project site. The model, assumptions, and results are described further in Appendix A.

The maximum-exposed individual (MEI) would be located on the third floor of a multi-family development that is currently under construction at 2300 Calle Del Luna, circled in red as shown in Figure 3.2-1 below. Since the development is still under construction, it is estimated that the MEI would be exposed to maximum cancer risk in 2025.

Figure 3.2-1: Location of Sensitive Receptors

3.2.2.3 • MEI
1st F loor Recep tors
2nd Floor Receptors
3rd & 4th Floor
Recep tors
o DPM Point Sources
□

5185 Lafayette Street (Parcel 11) Project 18 Addendum to Tasman East FEIR City of Santa Clara October 2023
The following table provides a summary of the maximum health risk impacts from project construction.

Table 3.2-4: Construction Risk Impacts at Construction MEI Source Cancer Risk
(per million)
Annual PM2.5
(μg/m3)
Hazard
Index
Project Construction - Unmitigated 30.23 (infant) 0.13 0.02 BAAQMD Single-Source Threshold >10.0 >0.3 >1.0
Exceed Threshold? Unmitigated Yes No No

As shown above, the cancer risk would exceed BAAQMD’s significance threshold of 10 cases per million for cancer risk without mitigation. The PM2.5 concentration and hazard index (HI) would not exceed BAAQMD’s significance threshold. Per mitigation measure AQ-1.2 of the TESP FEIR, project-level construction TAC assessments are required for individual projects proposed under the TESP and, if necessary, measures to reduce emissions shall also be included to reduce emissions below BAAQMD thresholds.

In order to address the significant impact caused by the risk of excess cancer cases and to further reduce emissions using “construction equipment selection for low emissions,” the proposed project shall be subject to the following condition of project approval.

Conditions of Project Approval:

• Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the project applicant shall submit a construction operations plan to the Director of Community Development demonstrating that the off-road equipment used for construction of the project would achieve a fleet-wide average of at least 70 percent reduction in DPM exhaust emissions. To achieve this reduction the construction plan would include the following:
o All construction equipment larger than 25 horsepower, operating on-site for more than two days continuously or 20 hours total shall meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 3 engines with the inclusion of particulate matter emissions control equivalent to California Air Resources Board (CARB)-certified Level 3 diesel emission control devices that achieve a 70 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment or equivalent.
o Electrical power lines shall be installed during early construction phases to avoid use of diesel generators, or
o As an alternative to the measures above, the project applicant could request a plan from a qualified air quality specialist demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 70 percent or greater. Such a plan shall be reviewed and approved by the Director of Community Development prior to construction. Elements of the plan could include a combination of the following measures.
▪ Implementation of the first bullet (use of Tier 4 or alternatively fueled equipment),

5185 Lafayette Street (Parcel 11) Project 19 Addendum to Tasman East FEIR City of Santa Clara October 2023
▪ Implementation of the second bullet (installation of electrical power lines), ▪ Use of electrically-powered equipment,
▪ Forklifts and aerial lifts for exterior and interior building construction shall be electric or propane/natural gas powered,
▪ Change in construction build out plans to lengthen phases, and ▪ Implementation of different building techniques that result in less diesel equipment usage.

With implementation of mitigation measures AQ-1.1 and AQ-1.2 from the TESP FEIR and the conditions of project approval listed above, the cancer risk would be reduced to 5.05 cases per million for infant exposure, which is below the BAAQMD significance threshold of 10 cases per million. As a result, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified impact.

Operational Emissions – Criteria Pollutants
Based on the conclusions of the TESP FEIR, all residential development proposed would be required to implement a TDM program and incorporate green building measures into the project. Consistent with mitigation measure AQ-2.1 identified in the TESP FEIR, the proposed project includes project- specific TDM measures to reduce residential VMT as required by the City’s CAP. The CAP requires a minimum 20 percent reduction in VMT with a minimum 10 percent being achieved through a TDM plan. The TDM program shall be reviewed and approved by the Community Development Director prior to issuance of building permits.

The project applicant proposes the following TDM measures as shown in Table 3.2-5 below.

Table 3.2-5: Required/Proposed TDM Measures
Required TESP Measures
Limited parking supply; dedicated EV parking
Unbundled residential parking
Participation in the Tasman East Transportation Coordination Group (TETCG); includes transit passes, bikeshare programs, bicycle repair facilities, and commute information/marketing Transportation coordinator; trip monitoring and reporting Bicycle parking and amenities; electric scooter corrals Project-Specific Measures
On-site amenities
Secure bicycle parking
Source: Gomez, Rob. Development Director, Ensemble Real Estate Investments. July 5, 2023.

Additionally, consistent with mitigation measures AQ-2.2 and AQ-2.3 of the TESP FEIR, the project would include the following green building measures.

• Stormwater treatment on-site
• Provide 110 bicycle parking spaces on-site
• Provide unbundled parking and a rideshare area on-site

3.2.2.4 5185 Lafayette Street (Parcel 11) Project 20 Addendum to Tasman East FEIR City of Santa Clara October 2023
• Utilize materials on the roof and all hardscape areas that would reduce the heat island effect • Provide thermal comfort controls for all residential units • Sixty-five percent construction and demolition waste management, consistent with the City of Santa Clara Construction & Demolition Debris Recycling Program • Energy Star appliances

With implementation of the TDM program and green building measures, the project would have a less than significant impact on operational ROG and NOx emissions. While full build out of the TESP would have a significant and unavoidable operational criteria pollutant emissions impact, the proposed project is consistent with the development projections in the TESP FEIR and would not result in any new impacts or substantially increase the severity of the previously identified air quality impacts.

Operation – Community Risk Impacts
A 600-kilowatt (kW) emergency diesel generator powered by an 804-horsepower (HP) engine is proposed at the northeast corner on the ground floor and a 100-hp fire pump is proposed in the basement. The fire pump would be electrically powered and would not produce TAC emissions; therefore, the fire pump is not discussed further.

For the purposes of this analysis, it was assumed that the generator would be operated for testing and maintenance purposes only. The California Air Resources Board (CARB) and BAAQMD requirements limit these engine operations to 50 hours each per year for testing and maintenance.

During testing periods, the engine would typically run for less than one hour. The emissions from operation of the generator were estimated using the CalEEMod model. The AERMOD dispersion model was used to estimate the potential increased cancer risk and PM2.5 impact from operation of the generator and the exposure duration was adjusted to account for the receptors being exposed to construction for the first three years of the 30-year period. Refer to Appendix A for the dispersion modeling adjustments and assumptions. Table 3.2-6 below provides a summary of the construction and operational risk impacts at the off-site MEI and Figure 3.2-1 above shows the location of the generator and off-site receptors.

Table 3.2-6: Construction and Operation Risk Impacts at Off-Site MEI Source Cancer Risk
(per million)
Annual PM2.5
(μg/m3)
Hazard
Index
Project Construction (Years 0-3)
Unmitigated 30.23 (infant) 0.13 0.02
Project Generator (Years 3-30)
Unmitigated 1.14 (child) <0.01 <0.01
Total/Maximum Project Impact (Years 0-30)
Unmitigated 31.37 0.13 0.02
BAAQMD Single-Source Threshold >10.0 >0.3 >1.0
Exceed Threshold? Unmitigated Yes No No

As shown in the table above, the maximum cancer risk for infants from construction and operation of the project (without mitigation) would exceed the BAAQMD significance threshold of 10 cases per

3.2.2.5 5185 Lafayette Street (Parcel 11) Project 21 Addendum to Tasman East FEIR City of Santa Clara October 2023
one million. The annual PM2.5 and HI from construction and operation of the project would not exceed the BAAQMD significance thresholds of 0.3 micrograms per cubic meter (μg/m3) and 1.0, respectively. With implementation of mitigation measures AQ-1.1 and AQ-1.2 from the TESP FEIR and the conditions of project approval listed above, the total maximum cancer risk from construction and operation of the project would be reduced to 5.05 cases per one million. As a result, the proposed project would result in a less than significant operational TAC impact at the off-site MEI and would not result in any new impacts or substantially increase the severity of the previously identified air quality impacts.

Combined Community Risk Impacts at Construction MEI
Community health risk assessments typically look at all sources of TACs (including highways, streets, and stationary sources identified by BAAQMD) within 1,000 feet of a project site. Tasman Drive and Lafayette Street are mobile sources of TACs. The UPRR, approximately 115 feet west of the project site, would generate TAC and PM2.5 emissions from diesel locomotives. Additionally, stationary sources identified in the TESP FEIR that could affect the plan area were also evaluated.

Stationary sources that were deemed to pose no risk or would no longer pose a risk due to removal were not evaluated in the cumulative community risk impact assessment.

Roadway and Rail Line
The cancer risk, PM2.5 concentration, and HI associated with traffic on Tasman Drive and Lafayette Street, as well as rail activity from the UPRR were estimated using BAAQMD raster files.5

Stationary Sources
Two stationary sources, a diesel generator and a metal finishing facility, were identified using BAAQMD’s Permitted Stationary Sources 2021 geographic information system map website.

TESP Cumulative Projects
At the time the Construction Air Quality and Health Risk Assessment was prepared, seven projects were approved and three projects were pending within the TESP area including:

Approved Projects
• 2343 Calle Del Mundo
• 5123 Calle Del Sol
• 2200 Calle De Luna
• 2225 Calle De Luna/2232 Calle Del Mundo
• 2300 Calle De Luna
• 2233 Calle Del Mundo6
• 2302/2310 Calle Del Mundo

5 The BAAQMD raster files provide screening-level cancer risk, PM2.5 concentrations, and HI for roadways and rail lines within the Bay Area.
6 Note that the approved project located at 2233 Calle Del Mundo is now fully constructed and operational. This would lessen the cumulative impact and would not change the conclusions of the analysis.

3.2.2.6 5185 Lafayette Street (Parcel 11) Project 22 Addendum to Tasman East FEIR City of Santa Clara October 2023
Pending Projects
• 2263 Calle Del Mundo
• 2101 Tasman Drive7
• 2354 Calle Del Mundo

While construction of these projects could be completed while project construction occurs, the cumulative impacts from these projects on the MEI were included to provide a conservative estimate of health risks (refer to Appendix A for more information). Figure 3.2-2 below shows the project site (outlined in blue), nearby sources of TACs, and the approved/pending TESP projects. Any project located outside the 1,000-foot influence area (outside the yellow circle) were not included in the cumulative analysis. Table 3.2-7 summarizes the TAC sources near the project site.

Figure 3.2-2: Project Site and Nearby Sources of TACs

7 This project was approved recently in June 2023. While this project is approved, it was not included in the cumulative analysis because it is located outside the 1,000-foot influence area.

UPRR Ra l Line
Stationary
..n.. Approved TESP
v Projects
◊ Pend ng TESP Pr0jecls
c:] Project Site
1,000-ft Influence Area

5185 Lafayette Street (Parcel 11) Project 23 Addendum to Tasman East FEIR City of Santa Clara October 2023
Table 3.2-7: Stationary and Mobile Sources Community Risk Levels Source
Maximum
Cancer Risk
(per million)
Maximum
Annual PM2.5
Concentration
(μg/m3)
Maximum
Hazard
Index
Project Construction
Unmitigated

31.37 (infant)

0.13 0.02
Tasman Drive and Lafayette Street 13.17 0.21 0.04
UPRR Line 12.91 0.02 <0.01
EPZ, Inc. (Facility ID#23330, Metal Finishing) at
790 feet <0.01 <0.01 --
RS Alameda, LLC. (Facility ID#20241, Generator)
at 250 feet 1.39 <0.01 <0.01
TESP Cumulative Projects* 24.80 0.17 0.04
Combined Total
Unmitigated

<83.65

<0.55

<0.12
BAAQMD Threshold – Combined Sources >100 >0.8 >10.0
Threshold Exceeded? Unmitigated No No No
Note: * Estimated from the sum of readily available health risk assessments for each TESP project.

As shown above, the project (without mitigation included) combined with other nearby sources would be below BAAQMD’s significance threshold for combined sources at the construction MEI, consistent with the findings of the TESP FEIR. The proposed project would not result in any new impacts or substantially increase the severity of the previously identified air quality impacts.

Toxic Air Contaminants – Planning Considerations
Due to the location of the proposed project, future residences would be exposed to an elevated cancer risk and/or PM2.5 concentrations. Based on Figure 3.2-3 below or Figure 3.2-1 of the TESP FEIR8, MERV13 (or higher) filters would be required for all areas affected by air pollutant sources as a condition of project approval.

8 City of Santa Clara. Draft Environmental Impact Report Tasman East Specific Plan (SCH #2016122027). July 2018.

3.2.2.7 5185 Lafayette Street (Parcel 11) Project 24 Addendum to Tasman East FEIR City of Santa Clara October 2023

Figure 3.2-3: Residential Areas Requiring MERV13 Filtration

The TESP FEIR concluded that implementation of the condition of project approval would reduce the cancer risk and PM2.5 concentrations below BAAQMD’s significance thresholds for sensitive receptors.

3.3 BIOLOGICAL RESOURCES
The following analysis addresses the potential biological resources impacts that would result from implementation of the proposed project. Specifically, the analysis addresses impacts to birds (bird strikes) and loss of trees.

The project site is classified as developed land with no sensitive habitats or special-status species present. Therefore, implementation of the proposed project would not contribute to any identified impacts to protected habitats and special-status species and no further analysis is required.

4 4 t200
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5185 Lafayette Street (Parcel 11) Project 25 Addendum to Tasman East FEIR City of Santa Clara October 2023
Construction impacts on nesting birds would be the same on all project sites within the TESP area.

The TESP FEIR identified mitigation measures required of all projects under the TESP to reduce impacts to nesting birds to less than significant levels. These mitigation measures are incorporated by reference and no further analysis is required.

3.3.1 Findings of the Previously Certified FEIR
Bird Strikes
Based on the approved project, numerous resident and migratory songbirds are known to occur at the Ulistac Natural Area, south of Tasman Drive, and a number of songbirds, waterbirds, and wetland- associated birds also occur along the Guadalupe River. Development proposed within the TESP area would be a maximum height of 220 feet. Some of the birds using habitats within the TESP, Guadalupe River, and Ulistac Natural Area are expected to strike the buildings, resulting in injury or death.

Impact BIO-3: The project proposes structures with lighting, glass windows, building facades, and vegetation which may result in impacts to migrant birds.

Implementation of the following mitigation measures would reduce impacts to the migratory birds to a less than significant level:

MM BIO-3.1: Due to the potential for buildings in the TESP area to result in high numbers of bird collisions, particularly if extensive glass facades are used, all new construction and building additions within the TESP area will implement the following bird-safe building design considerations:

• Reduce the extent of glass on the facades of new buildings and additions to the extent feasible.
• Prohibit visibility of interior landscaped areas behind glass. • No more than 10 percent of the surface area of a building’s total exterior façade shall have untreated glazing between the ground and 60 feet above ground, unless located within 300 feet of the top of bank of the Guadalupe River within such boundary this requirement would extend to the entirety of the structure. Bird-safe glazing treatments may include fritting, netting, permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of glazing or ultraviolet patterns visible to birds. Vertical elements of the window patterns should be at least 0.25 inches wide at a maximum spacing of four inches or have horizontal elements at least 0.125 inches wide at a maximum spacing of two inches. Any remaining untreated glazed areas will be broken up into sections no greater than 24 square feet in size by mullions or bird-safe glazing treatments.
• Avoid free-standing clear glass walls, skywalks, transparent building corners, glass enclosures (e.g., greenhouses) on rooftops, and balconies with unbroken glazed segments 24 square feet and larger where feasible.

3.3.1.1 5185 Lafayette Street (Parcel 11) Project 26 Addendum to Tasman East FEIR City of Santa Clara October 2023
If any such features are included in building designs, all glazing used in any such features will be 100 percent treated.
• Reduce glass at tops of buildings, especially when incorporating a green roof into the building design.
• If a green roof or green wall is incorporated into the building design, no more than 10 percent of the surface area of the building's combined facades within 12 vertical feet above and/or below the green roof or green wall shall have untreated glazing. Any remaining untreated glazed areas will be broken up into sections no greater than 24 square feet in size by mullions or bird-safe glazing treatments.
• Avoid the funneling of flight paths between buildings or trees towards a glazed building façade.
• Landscaping, including planted vegetation and water features, shall be designed to minimize the potential for collisions. For example, vegetation providing particularly valuable resources to birds (such as fruits) will be planted away from buildings with extensive glazing, and vegetation in general will be planted in such a way that it is not clearly reflected in windows. Water features would be located away from building exteriors to reduce the attraction of birds toward glazed facades. • Minimize exterior lighting to the extent feasible, except as needed for safety. All exterior lights shall be directed toward facilities in the Plan Area (e.g., rather than directed upward or outward) and shielded to ensure that light is not directed outward toward the Guadalupe River or Ulistac Natural Area.
• Occupancy sensors or other switch control devices shall be installed on interior lights, with the exception of emergency lights or lights needed for safety purposes. Exterior shades shall also be considered to reduce light pollution. On commercial buildings, these lights shall be programmed to shut off during non-work hours and between 10:00 p.m. and sunrise.

The City may waive or reduce any of the above-listed bird-safe design requirements based on analysis by a qualified biologist indicating that proposed construction will not pose a collision hazard to birds. Such a waiver will generally not be appropriate for façades adjacent to well-vegetated areas, but a waiver may be appropriate, for example, for façades that face developed areas lacking vegetation, water features, or other features that would be particularly attractive to birds.

Mitigation measure BIO-3.1 incorporates bird-safe design elements into future building designs and reduces impacts to birds to the extent feasible. The TESP FEIR determined that with implementation of the identified mitigation measure, future development under the TESP would continue to result in a significant unavoidable avian collision impact.

5185 Lafayette Street (Parcel 11) Project 27 Addendum to Tasman East FEIR City of Santa Clara October 2023
Increased Lighting

Build out of the TESP would increase lighting compared to existing conditions. Wildlife species using the Guadalupe River and/or Ulistac Natural Area would be subject to increased predation, decreased habitat availability, and alterations of physiological processes if development under the TESP were to produce greater illuminance than the existing conditions.

Impact BIO-4: Increased artificial lighting may adversely impact bird species by increasing predation, decreasing habitat availability, and altering physiological processes.

The following mitigation measure would minimize lighting impacts on birds to a less than significant level:

MM BIO-4.1: To the extent consistent with the normal and expected operations of commercial and/or residential uses under the TESP, take appropriate measures to avoid use of unnecessary lighting at night, especially during the bird migration season (February through May and August through November). Such measures may include the installation of motion-sensor lighting, automatic light shut-off mechanisms, downward-facing exterior light fixtures, and others. Exterior lighting within the Specific Plan area will be shielded as needed to block illumination from shining upward, or outward into the Guadalupe River to the east or Ulistac Natural Area to the south.

Lighting plans for each development site shall be reviewed and approved by the Community Development Director prior to the issuance of building permits.

Based on the TESP FEIR, implementation of the identified mitigation measure would minimize lighting and reduce lighting impacts to a less than significant level.

Trees
Implementation of the TESP would result in the removal of numerous trees within the TESP area.

Existing trees throughout the TESP area include a mixture of non-native or not naturally-occurring, planted, ornamental species including eucalyptus, acacias, and London planes. The General Plan requires replacement of trees removed as part of a proposed development project.

The TESP FEIR concluded that removal of trees within the TESP area would not have a significant impact on wildlife because the trees are mostly landscape and non-native species that are not regionally limited. Given the substantial number of trees that would be removed by development proposed under the TESP, impacts to mature trees from future development under the TESP would result in a significant impact.

Impact BIO-10: Tree removal from redevelopment of individual parcels under the Specific Plan would result in a significant impact to mature trees.

The following mitigation measures were included in the approved project to reduce impacts from tree removal.

3.3.1.2 3.3.1.3

5185 Lafayette Street (Parcel 11) Project 28 Addendum to Tasman East FEIR City of Santa Clara October 2023
MM BIO-10.1: Projects proposing or required to retain trees on-site shall implement precautionary measures during site construction to limit adverse environmental effects on ordinance-protected trees 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.

MM BIO-10.2: Project proponents under the TESP will comply with the City Code and submit permit applications for removal of all trees covered by the City’s tree ordinance. Any street trees or heritage 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 will be planted on- site, and the project proponent will comply with all other tree removal requirements imposed by the City.

Implementation of mitigation measures BIO-10.1 and BIO-10.2 would reduce impacts to trees to a less than significant level.

3.3.2 Biological Resources Impacts Resulting from the Proposed Project Bird Strikes
The TESP FEIR concluded that all new buildings, including the proposed project, would have the potential for bird strikes and are required to incorporate bird safe design features. In September 2023, H.T. Harvey & Associates prepared an Avian Collision Risk Assessment for the proposed project. A copy of this report is provided in Appendix B.

The following analysis outlines the project’s design elements and its compliance with mitigation measure BIO-3.1.

Reduce the extent of glass on the façades of new buildings to the extent feasible.

The project would include extensive glazing on the building façades above the fifth floor (on the northern, eastern, and western façades), floors one and two (of the eastern façade), and on all levels of the southern façade. Per mitigation measure BIO-3.1, all new construction and building additions within the TESP area shall reduce the extent of glass on the façades to the extent feasible. The TESP FEIR recognized that “[m]ost often, bird collisions have been related to the extent of reflective and/or untreated glass on the building which provides the strongest opportunity for a collision,” and to that end, the construction shall include treated glazing in areas of the building with high collision risk, as discussed further below. In addition, the building façades would be composed of opaque panels on the northern and eastern façades surrounding the parking garage on floors one to five.

Glazing on the eastern and western façades consist of smaller windows broken up by opaque panels which helps reduce the total amount of glazing on the building. As a result, the project design would comply with this requirement.

3.3.2.1 5185 Lafayette Street (Parcel 11) Project 29 Addendum to Tasman East FEIR City of Santa Clara October 2023
Prohibit the visibility of interior landscaped areas behind glass

No interior landscaped areas are proposed behind glass and, as a result, the project design would comply with this requirement.

No more than 10 percent of the surface area of a building’s total exterior façade shall have untreated glazing between the ground and 60 feet above ground. Bird-safe glazing treatments may include fritting, netting, permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of glazing or ultraviolet patterns visible to birds. Vertical elements of the window patterns should be at least 0.25 inches wide at a maximum spacing of four inches or have horizontal elements at least 0.125 inches wide at a maximum spacing of two inches. Any remaining untreated glazed areas will be broken up into sections no greater than 24 square feet in size by mullions or bird-safe glazing treatments.

As originally proposed, no bird-safe glazing was proposed as part of the building design. Based on the Avian Collision Risk Assessment prepared for the project, the frequency of avian collisions to the proposed building on-site would be lower compared to other sites within the TESP area due to its distance to the Ulistac Natural Area (approximately 1,580 feet southeast) and to the Guadalupe River (approximately 1,790 feet east). The project proposes vegetation and trees in the exterior amenity spaces. Based on the extent and character of the vegetation planned for the site, the limited extent of the proposed open space areas, and the development that would be surrounding the site, any new landscape vegetation on-site would provide relatively limited resources for native birds regardless of the tree and plant species used. As stated in mitigation measure BIO-3.1, the City may waive or reduce any of the bird-safe design requirements based on analysis by a qualified biologist indicating that proposed buildings will not pose a collision hazard to birds. The assessment concluded that substantial impacts on birds colliding with the majority of the building façades would not occur because bird abundance in the vicinity would be relatively low, and therefore some of the bird-safe design requirements of mitigation measure BIO-3.1 are waivable.

Nevertheless, large numbers of birds are expected to fly through or past the area compared to other areas of the City, and therefore selected bird-safe treatments will be necessary. The assessment identified the following areas of high collision risk: 1) the extensive glazing on floors one to five (i.e., within 60 feet of the ground) of the southern façade located adjacent to the landscape vegetation and 2) feature-related hazards9 (e.g., free-standing glass railings and transparent glass corners) adjacent to the proposed exterior vegetation.

Consistent with mitigation measure BIO-3.1, the project shall be required to include one of the following design alternatives as a condition of project approval.

Condition of Project Approval:

There is potential for bird collisions on floors one to five (i.e., within approximately 60 feet of the ground). Specifically, on floors one and two of the eastern façade and on floors one to five of the southern façade as these areas would be located adjacent to landscape vegetation and would consist of extensive glazing.

9 A feature-related hazard is a potential bird collision hazard that should be treated regardless of whether the building is located near a high-quality bird habitat area.

5185 Lafayette Street (Parcel 11) Project 30 Addendum to Tasman East FEIR City of Santa Clara October 2023
One of the following two alternatives for glazing treatment shall be implemented:

o No more than 10 percent of the surface area of the building façades combined shall have untreated glazing between the ground and 60 feet above ground. The applicant can determine which areas have untreated glazing; however, it is recommended that untreated glazing be minimized on the southern façade (where collision risks would be the highest); or

o No more than 10 percent of the surface area of the southern and eastern building façades outlined in red on Figures 10 and 11 of Appendix B of this document and below shall consist of untreated glazing. This alternative focuses on the areas where collision would be the highest and would provide less flexibility regarding where unglazed treatment would occur.

Any untreated glazed areas (i.e., 10 percent untreated areas) shall be broken up into sections no greater than 24 square feet in size by mullions or bird-safe treatments. With implementation of one of the two design alternatives of this condition of project approval, the project would comply with the requirements listed under mitigation measure BIO-3.1.

Figure 10. On the building 's south fa'rade ,
extensive areas of glazing within 60 feet of
the ground are outlined in red , and areas
immediate ly above and below terraces
with landscape vegetation are outlined in
yellow. These areas should be treated with
a bird-safe treatment.

Figure 11 . On the building 's east fa'rade ,
extensive areas of glaz ing within 60 feet
of the ground are outlined in red. These
areas should be trea ted with a b ird-safe
treatment.

5185 Lafayette Street (Parcel 11) Project 31 Addendum to Tasman East FEIR City of Santa Clara October 2023
Avoid free-standing clear glass walks, skywalks, transparent building corners, glass enclosures (e.g., greenhouses) on rooftops, and balconies with unbroken glazed segments 24 square feet and larger where feasible. If any such structures are included in building designs, all glazing used in any such features will be 100 percent treated.

Free-standing glass railings are proposed on the private balconies and amenity decks. No glass enclosures are proposed. While there are transparent glass corners proposed, the majority of these corners would be small due to the presence of opaque materials adjacent to the corners. The opaque materials would further reduce the potential for bird collisions. As a result, the Avian Collision Assessment concluded that the requirement for 100 percent treatment of transparent building corners was waivable for these smaller corners.

A larger, transparent glass corner would be located at the southeast corner on floors one and two.

Since vegetation would be planted on only one side of this corner, the potential for collisions at this location would be reduced. This corner is included in the areas already identified for treatment in the condition of approval listed above. The assessment concluded that no further treatment of glass corners would be required beyond inclusion of the transparent glass corner on floors one and two at the building’s southeast corner in the treatment area per the condition of project approval mentioned above.

Reduce glass at tops of buildings, especially when incorporating a green roof into the building design.

The eastern and western building façades would consist of extensive opaque materials. While the majority of the façades below the amenity decks proposed on floors six and 21 would have opaque wall panels broken up by small individual windows, some areas above and below the amenity decks would consist of extensive glazing. These areas are outlined in yellow on Figures 10, 12, and 13 of Appendix B of this document and below on page 32 and discussed further below.

Although the northern and southern building façades would be heavily glazed, the overall project design would effectively reduce glazing at the top of the building where roofs with landscape vegetation are present. As a result, the project design would comply with this requirement.

If a green roof or green wall is incorporated into the building design, no more than 10 percent of the surface area of the building’s combined façades within 12 vertical feet above and/or below the green roof or green wall shall have untreated glazing. Any remaining untreated glazed areas will be broken up into sections no greater than 24 square feet in size by mullions or bird-safe glazing treatments.

No green walls are proposed as part of the project; however, the project proposes roofs with landscape vegetation on the sixth and 21st floor amenity decks which would result in bird collisions as the proposed vegetation would attract birds. The façades above and below the sixth and 21st floor amenity terraces would consist of extensive opaque materials that reduce bird collision risk. As discussed previously, the areas outlined in yellow on Figures 10, 12, and 13 of Appendix B of this document and below on page 32 would consist of extensive glazing on the southern façade below the sixth floor amenity terrace. Consistent with mitigation measure BIO-3.1, the project shall be required to include the following condition of project approval.

5185 Lafayette Street (Parcel 11) Project 32 Addendum to Tasman East FEIR City of Santa Clara October 2023
Condition of Project Approval:

• No more than 10 percent of the surface area of these combined façades (as outlined in yellow on Figures 10, 12, and 13 of Appendix B of this document and below) shall have untreated glazing. All remaining untreated glazed areas shall be broken up into sections no greater than 24 square feet in size by mullions and bird-safe glazing treatments

Figure 10. On the building 's south fa<;:ade,
extensive areas of glaz ing within 60 feet of
the ground are out lined in red , and area s
immed iately above and below terraces
with landscape vegetation are outlined in
yellow. These areas should be treated with
a bird-safe treatmen t.

Figure 12. On the building 's north fa<;:ade,
areas immedia tely above and below
terraces with landscape vegetation are
outlined in ye llow. These areas should be
treated with a b ird-safe treatment .

Figure 13. On the bu ilding 's west fa<;:ade,
areas above and below terraces with
landscape vegetat ion are outlined in
yellow. These areas should be treated with
a b ird-safe glazing treatment .

5185 Lafayette Street (Parcel 11) Project 33 Addendum to Tasman East FEIR City of Santa Clara October 2023
With implementation of this condition of project approval, the project would comply with the requirement listed under mitigation measure BIO-3.1.

Avoid the funneling of flight paths between buildings or trees towards a glazed building façade.

The building does not include any features that would funnel birds towards a glazed building façade.

As a result, the project design would comply with this requirement.

Landscaping, including planted vegetation and water features, shall be designed to minimize the potential for collisions. For example, vegetation providing particularly valuable resources to birds (such as fruits) will be planted away from buildings with extensive glazing, and vegetation in general will be planted in such a way that it is not clearly reflected in windows. Water features would be located away from building exteriors to reduce the attraction of birds towards glazed façades.

No water features are proposed besides the pool on the 21st floor. As mentioned previously, vegetation and trees are proposed in the amenity spaces adjacent to building façades. Some of the vegetation is expected to produce food or flowers that would attract birds. Consistent with mitigation measure BIO-3.1, the project shall be required to include the following conditions of project approval.

Conditions of Project Approval:

• All free-standing glass railings adjacent to planted vegetation (i.e., amenity terraces on floors six and 21) shall be 100 percent treated with bird-safe treatment. • Extensive glazing within 60 feet above ground and on the floors above and below the sixth and 21st floor amenity terraces shall be treated with a bird-safe glazing treatment such that no more than 10 percent of the surface area have untreated glazing. • Landscape vegetation with flowers and fruits shall be removed from any planted areas immediately adjacent to untreated glazed areas.

With implementation of the conditions of approval above, the project would comply with this requirement of mitigation measure BIO-3.1.

Minimize exterior lighting to the extent feasible, except as needed for safety. All exterior lights shall be directed toward facilities in the Plan Area (e.g., rather than directed upward or outward) and shielded to ensure that light is not directed outward toward the Guadalupe River or Ulistac Natural Area.

The project’s lighting plan is not yet available. To ensure that the project minimizes exterior lighting to the extent feasible, the project shall comply with the exterior LEED Pilot Credit 55 lighting requirement as follows:

• Exterior building fixtures that are not necessary for safety, building entrances, and circulation shall be automatically shut off from midnight until 6:00 AM. Manual override capability may be provided for occasional after-hour use.

5185 Lafayette Street (Parcel 11) Project 34 Addendum to Tasman East FEIR City of Santa Clara October 2023
• Exterior up-lighting in the project design shall be avoided.

The proposed project is located approximately 1,790 feet west of the Guadalupe River and approximately 1,580 west of the Ulistac Natural Area. The Avian Collision Risk Assessment concluded that unshielded exterior lighting in public areas would not spill outwards into these natural areas. As a result, shielding and direct lighting on-site would not be needed to comply with this requirement.

Occupancy sensors or other switch control devices shall be installed on interior lights, with the exception of emergency lights or lights needed for safety purposes. Exterior shades shall also be considered to reduce light pollution. On commercial buildings, these lights shall be programmed to shut off during non-work hours and between 10:00 PM and sunrise.

As discussed above, the project would comply with the exterior LEED Pilot Credit 55 lighting requirement. Due to the proposed buildings distances from the Ulistac Natural Area and Guadalupe River, and the assumption that residents would not use extensive night lighting, the lack of occupancy sensors within residential spaces would not result in substantial impact on birds. The project design would comply with this requirement.

While full build out of the TESP would have a significant and unavoidable bird strike impact, the proposed project is consistent with the TESP FEIR and, by itself, would not result in any new impacts or substantially increase the severity of the previously identified impact with implementation of the conditions of project approval.

Increased Lighting
As mentioned previously, the project’s lighting plan is not yet available. It is reasonable to assume that the proposed project would include internal building lights, parking garage lights, pathway lights, security lights, and external building lights. While the TESP FEIR identified increased lighting on-site as an impact on bird species in the high value habitat areas on and adjacent to the TESP area, the project site is not located near these habitat areas and is already developed. Due to the project site’s location and consistent with mitigation measure BIO-4.1, exterior lighting within the TESP area will be shielded as needed to block illumination from shining upward, or outward into the Guadalupe River and Ulistac Natural Area. Furthermore, the project would be subject to the City’s architectural review process prior to issuance of building permits, consistent with mitigation measure BIO-4.1, to ensure that the project would not adversely impact bird species. As a result, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified impact.

Trees
A Tree Survey was prepared by Arbor Resources in March 2023.10 The trees are listed in Table 3.3-1 and are shown in the figure below.

10 Arbor Resources. Tree Inventory Table. March 30, 2023.

3.3.2.2 3.3.2.3
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 18
17 16
TREE LOCATION MAP FIGURE 3.3-1
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5185 Lafayette Street (Parcel 11) Project
City of Santa Clara
35 Addendum to Tasman East FEIR
October 2023
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5185 Lafayette Street (Parcel 11) Project 36 Addendum to Tasman East FEIR City of Santa Clara October 2023
Table 3.3-1: Trees Surveyed
Tree
Number Common Name Scientific Name Diameter
(in inches)
1 Crape myrtle Lagerstroemia indica 4, 4, 3, 2, 2
2 Crape myrtle Lagerstroemia indica 7, 4
3 Blackwood acacia Acacia melanoxylon 22
4 Blackwood acacia Acacia melanoxylon 27
5 Chinese elm Ulmus parvifolia 11
6 Chinese elm Ulmus parvifolia 13
7 Chinese elm Ulmus parvifolia 10
8 Chinese elm Ulmus parvifolia 12
9 Chinese elm Ulmus parvifolia 12
10 Mexican fan palm Washingtonia robusta 18
11 Mexican fan palm Washingtonia robusta 18
12 Chinese elm Ulmus parvifolia 13
13 Chinese elm Ulmus parvifolia 19
14 Chinese elm Ulmus parvifolia 8
15 Canary Island pine Pinus canariensis 30
16 Chinese elm Ulmus parvifolia 10
17 Marina madrone Arbutus 'Marina' 5, 4, 4, 3, 3, 3, 2
18 Blackwood acacia Acacia melanoxylon 23

Consistent with mitigation measure BIO-10.2 and General Plan Policy 5.3.1-P10, any tree removed would be required to be replaced at a 2:1 ratio on-site. As proposed, all 18 on-site trees would be removed, and the project would be required to plant 36 new trees. Based on the plans provided by the applicant, the applicant proposes a total of 43 trees on-site, which is consistent with the City’s tree replacement requirement. Therefore, the proposed project would not result in any new tree impacts or substantially increase the severity of the previously identified impact.

3.4 HAZARDS AND HAZARDOUS MATERIALS
The following analysis addresses the potential for soil and groundwater contamination on the project site. Given the age of the buildings in the TESP area, the TESP FEIR concluded that the buildings would likely contain asbestos and/or lead-based paint. Remediation of asbestos and lead-based paint must be in accordance with national regulatory guidelines and Cal/OSHA standards. The regulatory requirements are incorporated by reference and no further analysis is required.

Impacts on airport safety, schools, and emergency operation plans would be the same on all project sites within the TESP area given that the projects would have to be designed consistent with the development standards established by the TESP. The TESP FEIR found impacts to airport safety, schools, and emergency operation plans to be less than significant.

3.4.1 Findings of the Previously Certified FEIR`
Based on the TESP FEIR, the project site historically consisted of agricultural land including row crops and orchards. One leaking underground storage tank (LUST) case was discussed in the TESP FEIR. In addition, four facilities within the TESP area have been identified in the Regional Water

5185 Lafayette Street (Parcel 11) Project 37 Addendum to Tasman East FEIR City of Santa Clara October 2023
Quality Control Board’s (RWQCB) Spills, Leaks, Investigations, and Cleanup (SLIC) database. Of the four on-site facilities, three are currently identified as open cases as discussed below.

Leaking Underground Storage Tank Cases
In 1988, a 2,000-gallon gasoline underground storage tank (UST) was removed from 2200 Calle De Luna. The LUST case has been closed by Santa Clara Valley Water District (SCVWD) as of 1995.

The most recent sampling event found concentrations of total petroleum hydrocarbons as gasoline (TPHg) and benzene at the site.

Spills, Leaks, Investigations, and Cleanup (SLIC) Sites In 1997, RWQCB closed the SLIC case at 2339 Calle Del Mundo, however, residual concentrations of volatile organic compounds (VOCs) remained in the soil and groundwater that pose a potential vapor intrusion concern. The VOC impacted groundwater appears to have migrated below the northerly adjacent landfill property.

VOCs were identified in the groundwater at 2301 Calle De Luna and have migrated below the easterly adjacent parcel at 2281 Calle De Luna. This open SLIC case is currently being overseen by the RWQCB.

The two remaining SLIC cases at 2278 Calle De Luna (Coatek, Inc.) and 2200 & 2222 Calle De Luna (Air Flight Service) are being overseen by the Santa Clara County Department of Environmental Health (SCCDEH). The Air Flight Service property was found to have elevated levels of TPH as diesel (TPHd) that are unrelated to the prior film processing done on the property. The Coatek, Inc. property was found to have elevated nickel and copper concentrations related to the industrial land use activities on the southern portion of the TESP area. Oil, grease, trichloroethene (TCE), TPH as motor oil (TPHmo), hexavalent chromium, and benzene concentrations were also found to be elevated above residential screening levels. Both facilities have entered into Voluntary Cleanup Agreements with SCCDEH.

All Purpose Landfill
The former Santa Clara All Purpose Landfill (landfill) is a closed municipal landfill with a footprint of approximately 136 acres located adjacent to the TESP area. Portions of the landfill have been converted into a public golf course, and the remainder is open space. The landfill consists of four parcels: 1, 2, 3/6, and 4. Parcel 2 is located adjacent to the north of the TESP area and Parcel 4 is across Lafayette Street to the west. Parcels 1 and 3/6 are located further to the north and northwest.

Groundwater beneath the landfill, primarily on Parcel 4, is impacted with VOCs. The primary VOCs detected in groundwater samples collected during the first quarter of 2016 were 1,1 dicholorethene, cis-1,2-dicholoroetehene (cis-1,2-DCE), trans-1,2-dicholoroethene, TCE, and vinyl chloride. The area of VOC impacted on parcel 4 is located cross-gradient from the site with respect to groundwater flow direction (northeast) and did not migrate below the Plan Area. Two groundwater monitoring wells are located on the southern border of the landfill (Parcel 2) and immediately north of the TESP area. Low concentrations of VOCs have been detected in ground water from both monitoring wells, one of which is located down-gradient of 2339 Calle Del Mundo, an identified SLIC site discussed above. Landfill gas investigations were conducted at the landfill and identified several VOCs in

5185 Lafayette Street (Parcel 11) Project 38 Addendum to Tasman East FEIR City of Santa Clara October 2023
landfill gas. Benzene, ethylbenzene, and vinyl chloride were reported in landfill gas at concentrations exceeding residential and commercial Environmental Screening Levels (ESLs).

Given the industrial use of the site and prior agricultural uses and LUST case, residual hazardous materials contamination is anticipated to be present on-site and could impact construction workers and adjacent land uses if disturbed during demolition or construction. The following mitigation measures are included in the TESP FEIR.

Impact HAZ-1: Existing hazardous materials contamination in soils and groundwater on the site has the potential to impact construction workers and adjacent land uses if disturbed during demolition or construction of new buildings and structures on the site.

MM HAZ-1.1: Prior to the start of any demolition or construction activity, a property- specific Phase I ESA shall be completed in accordance with ASTM Standard Designation E 1527-13 (or most recent version) to identify Recognized Environmental Conditions, evaluate the property history, identify active and abandoned wells, and establish if the property is likely to have been impacted by chemical releases. Soil, soil vapor and/or groundwater quality studies shall subsequently be conducted, if warranted based on the findings on the property-specific Phase I ESAs to evaluate if mitigation measures are needed to protect the health and safety of site occupants. All site mitigation measures identified in the property-specific Phase I and II ESAs shall be completed under the oversight of an appropriate regulatory agency, such as the DEH, DTSC, or RWQCB. Any required cleanup/remediation of the site during development activities shall meet all applicable federal, state and local laws, regulations, and requirements. The project applicant shall provide the appropriate oversight agency’s written approval of the site mitigation measures to the City of Santa Clara prior to the issuance of a demolition and/or grading permit.

MM HAZ-1.2: At properties where VOCs are identified as contaminants of concern (COC), the potential for vapor intrusion shall be evaluated. A Vapor Intrusion Investigation Work Plan shall be submitted to the overseeing regulatory agency for review and approval. The plan shall include soil vapor sampling for VOCs in areas of concern. The soil vapor sampling shall be conducted in conformance with DTSC’s July 2015 advisory titled Active Soil Gas Investigations. A minimum of two soil vapor sampling events (with soil vapor concentrations less than the most conservative residential or commercial screening levels – as appropriate) is required to document that mitigation measures are not required; additional sampling events may be required by the overseeing regulatory agency.

MM HAZ-1.3: The need for vapor intrusion mitigation measures will be dependent upon the planned building design and the results of the Vapor Intrusion Investigation.

Prior to redevelopment of the site, a report assessing the potential for vapor intrusion shall be submitted to and approved by the overseeing regulatory

5185 Lafayette Street (Parcel 11) Project 39 Addendum to Tasman East FEIR City of Santa Clara October 2023
agency. The assessment shall be conducted in general conformance with DTSC’s Guidance for the Evaluation and Mitigation of Subsurface Vapor Intrusion to Indoor Air (Vapor Intrusion Guidance) dated October 2011.

MM HAZ-1.4: Prior to the start of any construction activity on properties with known COC exceeding the lower of the then-current DTSC, the RWQCB or Environmental Protection Agency (EPA) residential screening levels, the project proponent shall submit the following plans to the overseeing regulatory agency for review and approval:

• Corrective Action Plan. An appropriate corrective action plan (e.g. remedial action plan, removal action workplace, etc.) shall be prepared that reflects the results of the above investigations. Site cleanup levels presented in the plan shall be based on a target cancer risk of 0.00001 or, for non-carcinogens, a target hazard quotient (THQ) of 1.0. The lower of the then-current DTSC, RWQCB, or EPA residential screening levels shall be used to interpret the TR and THQ levels or, alternatively, a site- specific human health risk assessment shall be prepared and approved by the overseeing regulatory agency. Higher cleanup goals may be acceptable, if approved in writing by the oversight agency. The project applicant shall provide an oversight agency’s written approval of the corrective action plan to the City of Santa Clara prior to issuance of a demolition and/or grading permit. Leaving contaminated soil (above residential screening levels and, for metals, above background concentrations) in-place or re-using contaminated soil shall require the oversight agency’s written approval. At a minimum, if contaminated soil is left in-place, a deed restriction or land use covenant shall detail the location of the soil. This document shall include a surveyed map of the location of the impacted soil and shall restrict future excavation in the impacted area unless approved in writing by an oversight agency.

• Air Monitoring Plan. This plan shall assess the potential for exposure of construction workers and neighboring occupants adjoining the property to COCs during construction activities; this plan shall specify measures to be implemented if COC concentrations exceed threshold values.

• Vapor Intrusion Mitigation Plan and Associated Documents. If the Vapor Instruction Investigation identifies the need for mitigation measures, a Vapor Intrusion Mitigation Plan shall be prepared that describes the measures to be a result of vapor intrusion. The Vapor Intrusion Mitigation Plan will require the project applicant to design the proposed occupied spaces with appropriate structural and engineering features to reduce risk of vapor intrusion into buildings. At a minimum, this design shall include:
1) passive sub-slab ventilation with a spray applied vapor barrier (and with the ability to convert the system from passive to active ventilation), 2) monitoring to ensure the long-term effectiveness of the remedy, and 3) the implementation of institutional controls. Other designs would be

5185 Lafayette Street (Parcel 11) Project 40 Addendum to Tasman East FEIR City of Santa Clara October 2023
acceptable is approved in writing by the overseeing regulatory agency.

The Vapor Intrusion Mitigation Plan shall be submitted for agency review and approval. DTSC’s October 2011 Vapor Intrusion Mitigation Advisory provides useful guidance in selecting, designing, and implementing appropriate response actions for sites where a potential vapor intrusion risk has been identified. A completed report shall be submitted to the overseeing regulatory agency upon completion of construction of the mitigation system. The report shall document installation of the vapor control measures identified in the Vapor Intrusion Mitigation Plan and present final as-built design drawings. A Long-Term Operations, Maintenance, and Monitoring Plan (OMMP) also shall be submitted for agency approval that presents the actions to be taken following construction to maintain and monitor the vapor intrusion mitigation system, and a contingency plan should the vapor mitigation system fail. A financial assurance mechanism shall additionally be established (i.e. proof that adequate funds are available for long-term maintenance and monitoring of the vapor intrusion mitigation system) and described in the OMMP.

MM HAZ-1.5: A Site Management Plan (SMP) and Health and Safety Plan (HSP) shall be developed to establish appropriate management practices for handling and monitoring of impacted soil, soil vapor, and groundwater that potentially may be encountered during construction activities. The SMP shall be prepared by an Environmental Professional and be submitted to the overseeing regulatory agency (e.g. RWQCB, DTSC and/or DEH) for review and approval prior to commencing construction activities. The SMP also shall be provided to the City of Santa Clara. Prior to the start of any construction activity that involves below ground work (i.e. mass grading, foundation construction, excavating or utility trenching), information regarding site risk management procedures, including copies of the HSP and SMP, shall be provided to the contractors for their review, and each contractor shall provide such information to its subcontractors. The SMP and HSP measures shall be incorporated into the project design documents:

• Site control procedures to control the flow of personnel, vehicles and materials in and out of the site;
• Measures to minimize dust generation, stormwater runoff and tracking of soil off-site;
• Protocols for conducting earthwork activities in areas where impacted soil, soil vapor and/or groundwater are present or suspected. Worker training requirements, health and safety measures and material handling procedures shall be described;
• Perimeter air monitoring for dust during any activity that significantly disturbs impacted site soil (i.e. mass grading, foundation construction, excavating or utility trenching) to document the effectiveness of dust control measures;

5185 Lafayette Street (Parcel 11) Project 41 Addendum to Tasman East FEIR City of Santa Clara October 2023
• Protocols to be implemented if buried structures, wells, debris, or unidentified areas of impacted soil are encountered during site development activities;
• Protocols to characterize/profile soil suspected of being contaminated so appropriate mitigation, disposal or reuse alternatives, if necessary, can be implemented. Soil in contact with impacted groundwater shall be assumed contaminated. All soil excavated and transported from this site shall be appropriately disposed of at a permitted facility; • Stockpiling protocols for “clean” and “impacted” soil; • Decontamination procedures to reduce the potential for construction equipment and vehicles to release contaminated soil onto public roadways or other off-site transfer;
• Procedures to evaluate and document the quality of any soil imported to the site. Soil containing chemicals exceeding residential (unrestricted use) screening levels or typical background concentrations of metals shall not be accepted. The DTSC’s Clean Fill Advisory (October 2001 or latest version) provides useful guidance on evaluating imported fill; • Methods to monitor excavations and trenches for the potential presence of VOC impacted vapors. Mitigation protocols shall be developed and implemented in the event elevated VOC vapors are released during excavation activities that may pose a risk to construction worker health and/or risk to the health of occupants of neighboring properties; • Protocols to evaluate if the residual contaminants will adversely impact the integrity of below ground utility lines and/or structures (i.e. the potential for corrosion due to subsurface contamination) • Measures to reduce soil vapor and groundwater migration through trench backfill and utility conduits. Such measures shall include placement of low-permeability backfill “plugs” at specified intervals on-site and at all locations where the utility trenches (within impacted soil or groundwater) extend off-site. In addition, utility conduits that are placed below groundwater shall be installed with water-tight fittings to reduce the potential for groundwater to migrate into the conduits. • Measures to help reduce the potential for the downward migration of contaminated groundwater if deep foundation systems are proposed.

These measures shall be identified in the geotechnical investigation report and implemented as part of the development plans.

MM HAZ-1.6: The project applicant’s environmental professional shall assist in the implementation of the SMP and shall, at a minimum, perform part-time observation services during demolition, excavation, grading and trenching activities. Upon completion of construction activities, the environmental professional shall prepare a report documenting compliance with the SMP; this report shall be submitted to the oversight regulatory agency and the City of Santa Clara.

5185 Lafayette Street (Parcel 11) Project 42 Addendum to Tasman East FEIR City of Santa Clara October 2023
With implementation of the identified measures, development under the TESP would have a less than significant impact related to soil and groundwater contamination.

3.4.2 Hazards and Hazardous Materials Impacts Resulting from the Proposed Project The project would demolish the existing light industrial building (approximately 13,720 square feet) and associated surface parking lot) and construct a 21-story, residential building with up to 198 residential units and approximately 3,008 square feet of retail.

Groundwater on-site has been encountered at a depth ranging from five to eight feet below the ground surface (bgs) and flows in the southeastern11 direction. Fluctuations in the groundwater level may occur due to seasonal changes, variations in rainfall, and underground drainage patterns.

Consistent with mitigation measures HAZ-1.1 and HAZ-1.2, a Phase I Environmental Site Assessment (ESA) and Phase II ESA dated July 2018 and July 2019, respectively, was completed by AllWest Environmental. Copies of the reports are provided in Appendices C and D.

Phase I Environmental Site Assessment
On-Site Sources of Contamination
Based on a review of the project site, the site is listed within the Resource Conservation and Recovery Information System (RCRIS), HAZNET databases for the disposal and generation of small quantities of hazardous waste. No violations were identified. Based on the Phase I ESA, disposal and generation of small quantities of hazardous waste were determined not to be a recognized environmental concern (REC).

Off-Site Sources of Contamination
Within a one-mile radius of the project site, 53 off-site facilities were identified on various databases.

None of the off-site facilities were determined to represent a significant environmental concern for the site because 1) the facility has a case closed status, 2) the distance of the facility from the project site and/or the location of the release relative to groundwater flow, and/or 3) the site has been determined not to be an REC.

Phase II Environmental Site Assessment
In July 2019, AllWest Environmental, Inc. prepared a Phase II ESA to assess the project’s soil and groundwater quality. Five borings (B-1 to B-5) were advanced in June 2019 to collect 18 soil samples and three groundwater samples [B-1(GW), B-2(GW), and B-5(GW)].

One soil sample was collected from each boring and was analyzed for total petroleum hydrocarbons as diesel and motor oil (TPH-d and TPH-mo), total petroleum hydrocarbons as gasoline (TPH-g), volatile organic compounds (VOCs), polynuclear aromatics and polyaromatic hydrocarbons (PNAs/PAHs), organochlorine pesticides (OCPs) p,p-Dichlorodiphenyltrichloroethane (p,p-DDT),

11 Per the Phase I and II ESAs, the local topography is relatively flat and groundwater flow directions has been documented as variable on adjacent properties.

5185 Lafayette Street (Parcel 11) Project 43 Addendum to Tasman East FEIR City of Santa Clara October 2023
CAM 17 metals and hexavalent chromium (Cr6). The three groundwater samples were analyzed for TPH-d, TPH-mo, TPH-g, VOCs, PNAs/PAHs, CAM 17 metals, and CR6.

Concentrations of arsenic and vanadium were found in all five soil samples exceeding their respective RWQCB Tier 1 Environmental Screening Levels (ESLs). Total lead was detected in soil samples B-3 and B-4 exceeding its respective Tier 1 ESL. None of the detected metal concentrations, including lead, exceeded Tier 2 ESLs except for arsenic. Arsenic and vanadium concentrations are within typical regional background levels. None of the detected metals concentrations exceeded State of California Title 22 Total Threshold Limit Concentration (TTLC) hazardous waste levels.

Low concentrations of various metals, petroleum hydrocarbons, VOCs, PAH/PAHs, and OCP p,p’- DDT were detected in several soil samples; however, none of the soil samples exceeded its respective Tier 1 ESLs with the exception of sample B-3. Organochlorine Pesticides p,p-DDT was detected in sample B-3 which slightly exceeds its Tier 1 ESL. No other constituents of concern (COCs) were detected in the soil samples exceeding their respective ESLs.

Concentrations of naphthalene was found exceeding its respective Tier 1 ESL in all groundwater samples. Organochlorine Pesticides p,p-DDT and Molybdenum was detected in sample B-1 (GW) exceeding its respective Tier 1 ESL. Nickel and cobalt were detected in sample B-3 (GW) exceeding their respective Tier 1 ESL. No other COCs were detected in the groundwater samples exceeding their respective Tier 1 ESLs. Low concentrations of various metals, TPH-mo, VOCs and PAH/PAHs were detected in the groundwater but were not exceeding their respective Tier 1 ESLs.

Based on the findings of the Phase I and II ESAs, the slightly elevated COC concentrations identified on-site would not impact human health or the environment. Consistent with the TESP FEIR, the project would be required to implement mitigation measures HAZ-1.4 to HAZ-1.6 to ensure that the proposed development would not exacerbate any potentially existing hazardous materials contamination. Therefore, the project would not result in new or more substantive hazardous materials impacts than were previously identified in the TESP FEIR.

3.5 HYDROLOGY AND WATER QUALITY
The following analysis addresses the projects consistency with the Municipal Regional Stormwater NPDES Permit (MRP).

Because the proposed project is consistent with the development assumptions in the TESP FEIR, water quality impacts from construction would be consistent with the conclusions of the FEIR.

Furthermore, the project would be consistent with the findings of the FEIR regarding groundwater, drainage, and inundation hazards. No further discussion of these issues is provided.

3.5.1 Findings of the Previously Certified FEIR
Post-Construction Stormwater Treatment
The TESP FEIR states that all projects within the TESP area are required to comply with the MRP and C.3 stormwater treatment regulations. The TESP FEIR concluded that compliance with regulatory requirements would result in a less than significant water quality impact.

3.5.1.1 5185 Lafayette Street (Parcel 11) Project 44 Addendum to Tasman East FEIR City of Santa Clara October 2023

3.5.2 Hydrology and Water Quality Impacts Resulting from the Proposed Project Post-Construction Stormwater Treatment
Consistent with the TESP FEIR, the proposed project would be required to comply with the MRP and NPDES requirements. The project proposes to treat runoff from the project site with a media filter and flow-through planters. The final stormwater control plan shall be reviewed and approved by the City at the development permit stage. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified hydrology and water quality impacts.

3.6 NOISE AND VIBRATION
The following analysis addresses the potential operational noise impacts that would result from the proposed project. Because the project is consistent with the development assumptions in the TESP FEIR, construction noise and vibration would be consistent with the conclusions of the FEIR and all identified mitigation measures would be required and are incorporated by reference. No further discussion of construction noise and vibration is provided.

Operational noise issues pertaining to mechanical equipment, traffic noise, and aircraft noise was found to be less than significant in the TESP FEIR. Because the project is consistent with the development assumptions in the TESP FEIR, the proposed project would also have a less than significant impact. No further analysis for operational noise is required.

3.6.1 Findings of the Previously Certified FEIR
With limited exceptions like airport noise, CEQA does not address the effects of existing environmental conditions on a project. The TESP FEIR analyzed aircraft noise as a CEQA impact and concluded that the impact would be less than significant, as the anticipated noise levels would be compatible with the proposed land uses with respect to the guidelines set forth in the Airport Master Plan. Since the proposed project is located within the TESP area and is consistent with the development projections in the TESP FEIR, the project’s aircraft noise impacts would also be less than significant. For noise from sources other than aircraft, the City of Santa Clara addressed the effect of existing noise sources on future residents in the TESP area as a planning consideration.

The predominant sources of noise that affect the noise environment within the TESP area and at nearby land uses results primarily from vehicular traffic along Lafayette Street and Tasman Drive.

Traffic along the local streets within the TESP area, which include Calle Del Mundo and Calle De Luna, also affect the ambient noise environment. Aircraft associated with Norman Y. Mineta San José International Airport and trains passing along the Lick Mill Light Rail Transit Station and Great America Station also contribute to the noise environment in the area. Levi’s Stadium, approximately 1,352 feet away from the project area, periodically contributes to the noise environment during large events such as NFL games and concerts. Based on findings from the 2009 Stadium EIR4F 12, residences
within 2,000 feet of the stadium would experience elevated exterior noise levels during events which would result in a significant unavoidable impact.

12 City of Santa Clara. 49ers Santa Clara Stadium Project FEIR. November 2009.

3.5.2.1 5185 Lafayette Street (Parcel 11) Project 45 Addendum to Tasman East FEIR City of Santa Clara October 2023
Future Exterior Noise Levels
Based on the long-term measurements made within the TESP area, future exterior noise levels would be 70 A-weighted decibel (dBA) Community Noise Equivalent Level (CNEL) along Tasman Drive, 74 dBA CNEL along Lafayette Street, and up to 67 dBA CNEL along the future Lick Mill Boulevard extension. Residential development proposed along these roadways would be incompatible with noise levels established for residential outdoor activity areas. The following conditions of approval were included in the TESP FEIR to reduce exterior noise levels at common outdoor activity areas consistent with the City’s General Plan:

• Do not locate common outdoor activity areas immediately adjacent to Tasman Drive, Lafayette Street, or the future Lick Mill Boulevard extension. • Utilize site planning by placing outdoor activity areas in courtyards, on shielded podium levels (sky gardens) or rooftops, or behind buildings adjoining Tasman Drive, Lafayette Street, and Lick Mill Boulevard. Development adjacent to existing and planned open space shall be designed to provide shielding of the open space from Tasman Drive, Lafayette Street, and Lick Mill Boulevard.

Future Interior Noise Levels
Commercial Land Uses
Interior noise levels would vary depending upon the design of the buildings (relative window area to wall area) and the selected construction materials and methods. The CALGreen Code establishes that interior noise levels shall be maintained at 50 dBA Leq(1-hr) or less during hours of operation at any proposed commercial buildings. Standard commercial construction provides approximately 30 dBA of exterior-to-interior noise reduction. At a distance of 50 feet from Lafayette Street along the western edge of the project site, the future noise level would be up to 77 dBA. At a distance of 65 feet from Tasman Drive along the southern edge of the project site, the future noise level would be up to 74 dBA. Standard construction would result in compatible interior noise levels in commercial uses within the plan area.

Residential Land Uses
The City of Santa Clara requires that interior noise levels be maintained at 45 dBA CNEL or less for residences. Interior noise levels would vary depending upon the design of the buildings (relative window area to wall area) and the selected construction materials and methods. Standard residential construction provides approximately 15 dBA of exterior to interior noise reduction, assuming the windows are partially open for ventilation. Standard construction with the windows closed provides approximately 20 to 25 dBA of noise reduction in interior spaces. Where exterior noise levels range from 60 to 65 dBA CNEL, the inclusion of adequate forced-air mechanical ventilation is often the method selected to reduce interior noise levels to acceptable levels by closing the windows to control noise. Where noise levels exceed 65 dBA CNEL, forced-air mechanical ventilation systems and sound-rated construction methods are normally required. Such methods or materials may include a combination of smaller window and door sizes as a percentage of the total building façade facing the noise source, sound-rated windows and doors, sound rated exterior wall assemblies, and mechanical ventilation so windows may be kept closed at the occupant’s discretion.

5185 Lafayette Street (Parcel 11) Project 46 Addendum to Tasman East FEIR City of Santa Clara October 2023
According to the TESP FEIR, sound levels would range from 72 to 74 dBA CNEL at a distance of 50 feet from the southern and western border of the TESP area. Future interior noise levels at the plan area would be up to 55 dBA CNEL, which exceeds the 45 dBA CNEL threshold of the General Plan.

The TESP FEIR includes the following conditions of project approval to reduce interior noise levels to 45 dBA CNEL or less:

• Assuming a conservative estimated ratio of 30 percent windows/doors to total wall area, preliminary calculations indicate that the facades of high-density residential buildings having line-of-sight to Lafayette Street would require windows and doors with a minimum STC rating of 30 to meet the interior noise threshold established by the City. • Along the façades having direct line-of-sight to Tasman Drive and Lick Mill Boulevard, the minimum required STC rating for windows and doors would be 26. • Provide a suitable form of forced-air mechanical ventilation, as determined by the Community Development Director, for all residential units in the plan area so that windows can be kept closed at the occupant’s discretion to control interior noise and achieve the interior noise standards.
• A qualified acoustical consultant shall review the final site plans, building elevations, and floor plans of the proposed residential buildings and make recommendations for noise insulation to reduce interior noise levels to 45 dBA CNEL or less. Treatments would include, but are not limited to, forced-air mechanical ventilation systems, sound-rated wall and window constructions, acoustical caulking, protected ventilation openings, etc. The specific determination of what noise insulation treatments are necessary shall be conducted during final design of the project. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit.

3.6.2 Noise and Vibration Impacts Resulting from the Proposed Project In July 2023, Illingworth & Rodkin, Inc. prepared an Interior Noise Assessment for the proposed project. A copy of this report is provided in Appendix E.

Exterior Noise Levels
Future noise levels along Lafayette Street and Tasman Drive were calculated as part of the TESP Traffic/Construction Noise Update Memorandum.13 At a distance of 50 feet from the southern and western border of the TESP area, noise levels would range from 72 to 74 dBA CNEL. Noise levels would range from 62 to 67 dBA CNEL throughout the remainder of the site due to vehicular traffic along Calle De Luna and Calle Del Sol, as well as aircraft associated with Norman Y. Mineta San José International Airport.

The project site would be subject to noise generated primarily by vehicular traffic along Lafayette Street and the UPRR. The worst-case noise exposure would occur along the western building façade, approximately 60 feet from the Lafayette Street centerline. At this distance, future exterior noise

13 Illingworth & Rodkin, Inc. Tasman East SEIR Traffic/Construction Noise Update Memo. December 2, 2022. The updated analysis confirmed that noise levels along Tasman Drive and Lafayette Street would not be substantially different than those previously disclosed in the TESP FEIR.

3.6.2.1 5185 Lafayette Street (Parcel 11) Project 47 Addendum to Tasman East FEIR City of Santa Clara October 2023
levels would be up to 74 dBA CNEL.

Where exterior noise levels range from 60 to 65 dBA CNEL, adequate forced-air mechanical ventilation can reduce interior noise levels to acceptable levels by allowing occupants the option of closing the windows to reduce noise. Where noise levels exceed 65 dBA CNEL, adequate forced-air mechanical ventilation systems and sound-rated construction methods (e.g., a combination of smaller window and door sizes as a percentage of the total building façade facing the noise source, sound- rated windows and doors, sound-rated exterior wall assemblies, and/or mechanical ventilation) would be required.

As proposed, the building would include private balconies. Per the TESP FEIR, private terraces or balconies within mid/high density residential developments are not typically considered sensitive to exterior noise levels. The project proposes private open space on floors one, six, and 21. The proposed open space would be set back from Lafayette Street by the proposed parkway and landscaping by approximately 31 feet at the northern end of the site and 20 feet at the southern end of the site. Nevertheless, the proposed project would be required to comply with the conditions of project approval identified in the TESP FEIR to reduce exterior noise levels at common outdoor activity areas. As a result, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified impact.

Interior Noise Levels
Standard residential construction provides approximately 15 dBA of exterior to interior noise reduction, assuming the windows are partially open for ventilation. Standard construction with the windows closed provides approximately 20 to 25 dBA of noise reduction in interior spaces.

Consistent with the conditions of project approval in the TESP FEIR, the proposed site plan and building elevations were reviewed and interior noise levels from exterior noise sources were quantified by Illingworth & Rodkin, Inc. to determine the necessary building treatments to meet the City’s interior noise standard. To maintain a habitable interior environment, all dwelling units should be mechanically ventilated so that windows and doors can be kept closed at the occupant’s discretion. The following noise insulation features shall be incorporated, as a condition of project approval, to reduce interior noise levels to meet the City’s interior noise threshold.

Conditions of Project Approval:

• The proposed retail space and residential units located on floors two to five shall have windows and doors with a Sound Transmission Class (STC) rating of 35 or greater to meet the interior noise threshold established by California Green Building Standards Code (CALGreen) requirements.
• The proposed residential units along the western (sixth floor and above) and portions of the northern and southern building façades closest to Lafayette Street shall have windows and doors with a STC rating of 32 or greater to meet the interior noise threshold established by the City.
• The remaining building façades shall have windows and doors with a STC rating of 28 or greater.

3.6.2.2 5185 Lafayette Street (Parcel 11) Project 48 Addendum to Tasman East FEIR City of Santa Clara October 2023
• A suitable form of force-air mechanical ventilation, as determined by the local building official, shall be provided to all dwelling units on-site so that windows can be kept closed at the occupant’s discretion.
• If substantive changes are made to the design of the project prior to building department submittal, a qualified acoustical consultant shall confirm the noise insulation recommendations based on the final site plans, building elevations, and floor plans of the proposed building. Results of the analysis, including the description of the necessary noise control treatments, shall be submitted to the City, along with the building plans and approved design, prior to issuance of a building permit.

With implementation of the conditions of approval identified above, the interior noise levels would be below 45 dBA CNEL within the residential units and below 50 dBA Leq within the retail space. As a result, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified impact.

3.7 CONCLUSION
Based on the above analysis and discussion, no substantive revisions are needed to the TESP FEIR, because no new significant impacts or impacts of substantially greater severity would result from the proposed project. There have been no changes in circumstance in the project area that would result in new significant environmental impacts or substantially more severe impacts, and no new information has come to light that would indicate the potential for new significant impacts or substantially more severe impacts than were discussed in the TSEP FEIR. Therefore, no further evaluation is required, and no Subsequent EIR is needed pursuant to State CEQA Guidelines Section 15162, and an EIR Addendum has therefore appropriately been prepared, pursuant to Section 15164.

APPENDICES

Appendix A: Construction Air Quality and Health Risk Assessment Appendix B: Avian Collision Risk Assessment
Appendix C: Phase I Environmental Site Assessment
Appendix D: Phase II Environmental Site Assessment
Appendix E: Interior Noise Assessment
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
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STEINBERG HART
98 BATTERY STREET, SUH'E 300
SANffiANCISCO,CAi.4111

BKFENGINEERS
1730N.F IRSTSTREET,SUITE600
~~u"OSE, CA
RELM Sl\JDIO
617SOI.IVESTf1110,
LOSANGELES,CAllOOl+

CCI ENGINEERS
135 MAIN ST. SUITE 1800
SANffil!NCISCO,C A'-4105
""""'"""-~""­ME'T'ERs+ENGINEERS
98BATTERYSTf!500,
SANl'RANCISC0,CA94111

ELECTROUGHT
32\IBRVANTST/38,
SANFRANCISCO,C A!,4107

EXISTING CONDITIONS
TM2.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
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7. ITIS INTENDED THATALLASSOQATEDAPPJRTENANCES \\ITHN THEWJITS OFAUTlLITT'TO BE RrnOVED ARE ALSO RD.10\IED, UNLESSOTHER'MSE NOTED

11. CONTRACTOR SHALL REt.O\IE ALL U.S.A. ~AR<INGS AS SODN AS THEY ARE NO LOOGER NEEDED. RD.IOVAL a' PAINT SHALL BE BY 1-irn WATER PRESSL..RE ~T1100 ONLY.

16. CCWRACTOR IS RESPrnSIBLE rrn PREPARING ANO SlJBI.I TTING A rnAFFIC CONTROL PLAN TO "J}j[ O\\NER AND "J}j[ an OF SANTA CLARA PRIOO TO QOS ~ G ANY RO ADS OR SIDEWALKS
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k.-• .iJ-J

TASMAN EAST
PARCEL 11

DEMOLITION PLAN
TM3.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
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TASMAN EAST
PARCEL 11

SITE PLAN
TM4.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
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TASMAN EAST
PARCEL 11
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VESTING TENTATIVE
PARCELc'~::A:::_P ___ _
ITM5.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
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TASMAN EAST
PARCEL 11
TM6.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
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CSC lRACING NO. 12,335-D, WATER
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AI.LHCfllZONTAL AND .0110ALCU:ARANCES SH,U
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ClENIANCEBITflEENIMTERANDlllEEOOEOF
THEPIIOPOSEDOll[l(ISTIMGDRl\£\1/AY.

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I LEGEND
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~ffl[AltDSTORMDRAIN~E -!<I- ll -
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CwATEflSTANDARDDCTAII.Mo.s. CEPEaarrOFSANTA<URA
@:~ JNl~~zti: ~r~~~~) SANTA CMA
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TASMAN EAST
PARCEL 11
~185 L.AF"AYETTE ST
SANTAO,_ARA_CA
9505+
51851..Af"AYETTESffiEETLLC
+4-4-WOCEANBL550
LONGBE-"CH,CAQOII02
9B BATTERY STREET, SUH'E 300
SANffiANCISCO,CAi.4111

BKFENGINEERS
1730N.FIRSTSTREET.SUITE600
SANJOSE.CA
95112

CCI ENGINEERS
135 M-"IN ST. SUITE 1~00
SANffiANCISC0.CA'-4105

UTILITY PLAN
TM7.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM

CITY OF SANTA C
LARA

TREATMENT

MEASURE CONTROL SUMMARY TABLE
·
·
·
·
·
\

CALLE DE LUNA
C.3TREATMENTFACII.ITIESCONSTRUCTIOHNOTES
(TO APPEAR ON STORMWATER MANAGEMENT PLAN)
1 ~~~PGTA~~ ~~G=N~r~ ;~ ... cNoT~s~~~ ... ~~R~~iL_~~~~Jt~ ~~~~~+c.!ttsu5i:s ~~~0~s::c~NJJu1c~ 1'1~0A6c~ ... :~~~ TI-IEAPPROVEDBUILDINGPLANS. TJ-E THIRD-P ARTYREVIEVIER\11 1..L RECOMMENDTJ-EREQUIREDNUMBEROFS IT'E INSPECTIONS ATDIFfEREN T INTERVALSOF ~r~~:VE n;tE ~J;~;?;r;;N~::~~~T~~1!irl ~~~~~n~'tot0rn=g: ~f3~ifit,~i~~ic~ i~~l~:i ~~ TI-IBEE 5r¼Iio ~ 0~[alNI A SANT.0. Cl.ARA VALLEYURBANRUNOFFPOLLUTIONPRE\/ENTIONPROGRAM(SC\IURPPP)WEBSITEATWWW.SCWRF'PP-W2K.COM/CONSULTANT$_LIST.SHTML

2. SOILS IN TI-IE BIORETENTI ON FACll.lllES SHOUW MEET TI-IE BIOTRE,t,TMENT SOIL MIX (BSM) SPECIFICATIONS PER SC\IURPPP C.J STORMWATI:R H,t,NDBOOK, APPENDIXC. A MINIMUMPERCOI.ATIONRATEOF51NCHES/HOUR ANO A MAXIMUMPERCOlA TIONR ATE OF101NCHES/HOURAREREQUIRED(INlll AL ~~~~~~~c~:~o~ ~~~~0A c~~ ~ ~C:/~~~L~i~11~~~m;~ ~~rrn: M~~f!._ 0~~~E~: ~~~Gs~ ... ~ A~ ~~~:E~~- OR J. ~~~~r::~~..&1rili]. ~~~~ ~ ~o:MTH:OCK PER CALTRANS STANDARD SECTION 68-1.D25. THE MATERIAL SH ALL BE WASHED AND FREE

4. ~~~ORATED PIPE SHALL BE SOLVENT WELD PVC SOR 35 (OR Af'PRO\IED EQUAL) ~Tl-I PERFORATIONS FACED DOWN. LOCATION OF THE PIPE VARIES, SEE

5. INSTALLATION OF POROUSPA.EMENTAND/ORV AULTSSI-IALLBEDONEPERSTANDARDDETAILSANDSPEC lflCAllONS.Tl-llRDPARTYREVIEWEROR\IENDOR ~~~R~~~~TL~~~OIJ~:-t~~T tNNDl,.,~~iTS INSTALLATION (INCLUDING IF NECESSARY, PERFORMING PERCOLATION TEST) AND SUBMIT Tl-lEIR

6. INSTALLATIONOFINTERCEPTORlREES AS A TREATMENTCONlROLME ASURESHALLBEINSPECTEDTO\IERIF'r'lHE ACCURACYOFLOC ATIDN,SPEaES, AND

NUMBER OF INTERCEPTOR TREE&
FOR ANY LJNER PENETRATIONS. RADIAL CUT Tl-IE LJNER FOR PIPE. MASTIC AND SEAL WITH PIPE CLAlilP TO INSURE WATER-TIGHT SEAL

SEE LANDSCAPE PLANS AND SPECIFICATIONS FOR PLANTING MATERIALS WITHIN BIORETENTION FACILJTIE&

DRAINAGE

AREA A REASIZ E
(SF)
8,325
6,675
39,024

PERVIOLJS
SURfACE(SFJ PERVIOUS

SURFACE
t

IM PERVIOLJS TYPE O F IMPERVIOUS
SURfACE(Sf ) S.URFACE e-,-rn-c-,e,-,-------0 T~:~~i~ T
8,315
6,675
31,450

I LEGEND
ft AISffiflOW-THIIOUQHPI.ANTEII
PROP<.ISEOSTOIIN Dl'AIN(UNlREATEIJ)
f'l!Ol'OSfDS-NCftAIN(-...T!:C)
Dl'£Afl.OWDftAIN,-tlROPINI.CT

STORMIJRAIN-'JNCTIONBOX
--w--
c::::==:::::J
rITITIII1J
c=::::==-i

I STORMWATER CONTROL NOTES

1. !ffCIAj""9:/f&! 9:',TfMr<Y"9'
f'l!OJECTQUAL/fl[Snl!LOCl,Tlctl,CENSITYAHC PAR~INGCREDIT, LOCAT!ON: IIITHIN 1/4 Mil£ Of TKANSIT ff.JR • ~OIi CREDIT 5_ll~i\J!,~~:cr,~l~R ! 'to; c~~~ 30" ~T
2, §TORMWATERTJIE~TMENT/'JW,P,,,TA
lWAl.9lEAREA•~.0245Q.FT.(D. ~ ACIU)
TOTAI.IMPElll!OIJSAREA•31,4150SQ.FT.
°' IIIIPER..,OIJ!S AREA ffl EA'ltD BY UC ( PI.ANT915) • Z0,510/31,4:IO • 050!.211 °'IIIIP ER..,OU5AREAfflEA'l[[l8YMEDIA F1.."TER•10.034/31,4i!ll• 33.!~

3. MflllAF ■ Tf """!:/Q " UMWRYTAflf

I HYDROMODIFICATION REQUIREMENTS I
I :~7.l':¼':~w.::"!:\K_~~~=-i:'~~r~Th'!' I
~•~ AA"' "'"' " "' --=••• ™" "''" ro ,AAoe,m •~~ THATEXIENDCONllNUOJSI.YTO TlE I.TlEHMSTANCAIEAMl ASSOCIATmft[QIJIREMENTSOONOTN'PLYTO-CTSIIITIINlHISAREA
I
:-..-• .LJ-J

TASMAN EAST
PARCEL 11
~185 LAF'AYETTE ST
SANTA Cl.AAA.CA
9505+
5185LAF'AYETTESffiEETLLC
+4+WOCEANBL550
LONGBEACH,CAQOII02
98B ATTERYSTREET,SUH'E JOO
SANffiANCISCO,C A i.4111

BKFENGINEERS
1730N.F IRSTSTREET,SUITE600
SANJOSE.CA
95112

DCIENCINEERS
135 MAIN ST. SUITE 1~00
SANffiANCISCO,C A '-'4105

STORMWATER

MANAGEMENT PLAN
TM8.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
ADS
N-12 x SDR 35

TRANSITION COUPLING

PIPE RISER
CUT 8" BELOW

FINISH GRADE

STORM DRAIN LINE
12"x12" GALVANIZED
STEEL GRATE W/1/2"

SCREEN BELOW

LUBE GASKET AND

PIPE - SET TOP TO

GRADE AND ORIENT

GRATE TO MATCH

SURFACE

IMPROVEMENTS
TEE
P6

INLET TOP
(BOLT
DOWN)
***FOR OVERFLOW AREA DRAIN - SET RIM
ELEVATION HIGHER THAN FINISH GRADE.

SEE PLANS FOR RIM ELEVATIONS.

PRO
VIDE COBBLE STONES AROUND DRAIN.
(SEE PLAN FOR PIPE SIZES)
A
A
"',>on"UL .O l_T_ , _ll',DOC\OG-0.,-1-,a..,,.,.., _- ·,-••Af\o«_,,,,.,OM<,p,, ,.,_, , ,, ·" ,.,.,,.,
SIZING TABLE BB-2
/ "GOC" f< PA\<SDAAEAS

STORM DRAIN/SANITARY SEWER CLEAN OUT
.• A .. NUAle!O:Cl'flCa-'P.)
-~- ,,.+,,.., ~ -""'
- ,_,, _, ....,.,..~,,1,.,.y,,,,.,,...,..._,.,,,, . . _,o, J .<wr,-~ - ..... -- .. ri,-~•···~··" ,_(In )
""""' '""" .... ,, ... ,.,., ,,,,. .. c-,
·:,o, 11 _ __ 11\PCG ,·,,-·0<t _C. u,· .,,,,., , . ..,°"',...""'-'·"'' ,., '"" ''"
SIZING TABLE BB-3
®
NOlE:
~f!)l2irfpi~~~~T

2.EXPANSIONJOINTSWITI-1
DOWELS TO 8E PLACrn ~VEn
'1.0'EXCEPTATRETURNS

VERTICAL CURB
®
0 6
@~:y;~:C .. l1 ~·;.
;;•. ~,...,,s.,_, Cw>•_,,,_,,.__ -,._,,'.Z,,,,, _;-•-•

STORM DRAIN CONCRETE VAULT MEDIA FILTER

OVERFLOW RISERS AT FLOW THROUGH PLANTERS

STORM DRAIN BUBBLER BOX
"-,,~, ,:w1 '·"·
',...~i~'l
i<i,; t,os•,o-, ,,,..,"°"""°"''"•"'""°"'·""'•"·""''""-'·fa'wg</ "i~I A,<,, ..,,'""1••"(•· •·••1;e.-,,,_,,,_,
A~,>teJU , . .. ,.,,w, .. ,V~ .,._= • C'"
.,.";-,- ,.., .._ .. ,.,.,..,,. ,,0,-,asl
"cl<ao· ·· O. p<hb;' , m,.,,, d<
, ,. ,,, ,,.,-, , ~ , ""' " ' "''~"' '0.' ,/0.•""1."""-"'} '-'"·""''''""'"'"'"ff "'"" ,ood..,b<t.~toflo.Alo,l<>dO',tfJ,., ""'"~•oT,c•a,"~·•l'"'''·""••~
r-·1 .. 1
, . .10ams.,, _ _ 'm"_1"00,:wu1,,,. ,\..,,.,-,,__ -..., ,,. m,· · ·· '1 ,,~.,-1o11
SIZING TABLE BB-1
~ ::"-":-.."":::."".:==.. .. __ .,., ___ .,......,
+
KrlStar Enterprises, Inc.
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TASMAN EAST
PARCEL 11

DETAILS
ITM9.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
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CALLE DE LUNA
~ 2.50 1'. 50
Wheelchair Lift Van
Lock Time
Angl e
I

GMPHIC SCALE
k.-.,W-J

TASMAN EAST
PARCEL 11
1111111 LAFAYETTE ST
=a..ARA,CA
1111111 LAFAYETIESTREETU.C
4MWOC£AN Bl.690
L.0NljlEIPCtf,CAIIOII02
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BICFENQINEEltS l73DN.FIIISTSTREET,Sll1EIICIO
~2JOSE,CA
---~ m~STcf:.::;,4
00 .......
135MAINST.5ll1E1800
SANFRANC19CO,CAM10!I
'::=
_CAR TURNING TEMPLATE
TM10.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
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TASMAN EAST
PARCEL 11
1111111 LAFAYETTE ST
=a..ARA,CA
1111111 LAFAYETIESTREETU.C
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TM11.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM

LAFAYETTE STREET SECTION
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SECTION

TASMAN EAST
PARCEL 11
~185 L.AF"AYETTE ST
SANTAO,_f.RA.CA
9505+
51851..AF"AYETTESffiEETLLC
+4+WOCEANBL550
LONGBEACH,CAQOII02
98 BATTERY STREET, SUH'E 300
SANffiANCISC0,CAi.4111

BKFENGINEERS
1730N.F IRSTSTREET.SUITE600
SANJOSE.CA
95112

CCI ENGINEERS
135 MAIN ST. SUITE 1~00
SANffiANCISC0.C A '-'4105

SECTIONS
TM12.0
Copyright 2018 Steinberg Hart, All Rights Reserved - These Plans and/or Specifications are intended for the sole benefit of Steinberg Hart's client and may not be used, reused, copied, or reproduced in any form without the express written consent of Steinberg Hart. 12/14/2022 2:29:52 PM
Construction Best Management Practices (BMPs)
Materials & Waste Manag ement
Non- Haza rdou s Mate rials
□ Benn and cover stockpiles of sand. din or other construction material withtarpswhenrainisforecastorwhentheyarcnotinuse
0 Use (but don't overuse) reclaimed wate r for dust control. 0 Ensure dust control water doesn '1 leave site or discharge to stonn drnins.

Hazardo us Materi.a ls
0 Label all hazardous materials and hazardous wastes (such as pesticides, paints, thinners, solvents, fuel, oil, and am ifreeze) in accordance with City, County, State and Federal regulations. 0 Store hazardous materials and wastes in water tight containers, store in appropriate secondary containment, and cover them at the end of every work day or during wet weather or when rain is forecast. 0 Follow manufacturer's application instructions for hawrdous materials and du not use more than necessary. Do not app ly chemicals outdoors when rain is forecast with in 24 hours. 0 Arrange for appropr iate disposal of all ha7..ardous wastes.

Wa ste Ma nagemen t
□ Cover and maintain dumpsters. Check frequent ly for leaks. Place dumpsters under roofs or cover with tarps or plastic sheeting secure d around the outside of the dumpster . A plastic liner is recommended lo prevent leaks. Never clean out a dumpster by hosing it down on the construction site.
0 Place portable toilets away from stoITTl drains. Make sure they are in good working onkr . Check frequently for kaks.
0 Dispose of all wastes and demolition debr is properly . Recycle materials and wastes that can be recycl ed, including solvents, walcr­ hasecl paints, vehic le fluids, broken asphalt and concrc1c, wood, and clean:d vegetation.
0 Dispose ofliqu id residues from paints , thinners, solvents, glues, and cleaning fluids as hazardous waste .
□ Keep site free of litter (e.g. lunc h items, cigarette butts). 0 Prevent litter from uncovered loads by covering loads that are being cransportcd to and from site.

Cons tr uction [ntranees and Perimeter
0 Establish and maintain effective perimeter wntrols and stabi lize all constrnction entrances and exits to sufficient ly control eros ion and sediment discharges from site and tracking off site
0 Sweep or vacuum any street tracking immediately and secure sediment source to prevent further tracking. Never hose down streets tocle;in uptnu;king.

Construction project s are required to implement year -round stormwater BMPs.

Equipment Management &
Spill Control
Ma intenance and Parki ng
0 Designat e an area of the construction site, well away from streams or stOITTl dmin inlets and filled with
;ipprupriate BMPs, for auto and equipment p,1rking,
and s1orage.
0 Perform major maintenance, repair jobs , and vehicle
and equipment washing off site.
0 If refueling or vehicle maintenance must be done
onsite, work in a bcrmed area away from storm drains
and over a drip pan or drop cloth s big enough to collect fluids. Recycle or dispose of fluids as hazardous waste. 0 If vehicle or equipment cleaning must be done onsitc, clean with water only in a bcm1ed area that will not
allow rinse water to run into gutters, street~, stoITTl drains,orsurfaccwaters.
0 Do not clean veh icle or equipment onsite using soaps. solvents, degreasers, OI' steam cleaning equipment, and do not use diesel oil to lubricate equipment or parts
ons1te.

Spill Prc,·entio n and Co ntrol
0 Keep spill cleanup materials (e.g ., rags, absorbents and 1:at litter)availablcut the construction site at all times. 0 Maintain all vehicles and heavy equipment. Inspect
frequently for and repair leaks. Use drip pans to catc h leaksuntilrepairsaremade .
0 Clean up leaks , drips and other spills immediately and dispose of cleanup materials properly.
0 Use dry cleanup methods whenever possible
(absorbent materials, cat litter and/or rags).
0 Sweep up spilled dry materials immediately. Never
attempt to '"wash them away " with water, or bury
them
0 Clean up spills on dirt areas by digging up and
properly disposing ofcontmninatcd soi l.
0 Report significant spills to the appropriate local spill response agenc ies immediately. If the spill poses a
significant hazrd to human health and safety, property
or the environment, you must report it to the Slate
Office of Emergency Services. (800) 852-7550 (24
hours).

Earthmoving
G radin g a nd Earthwork
0 Schedule grading and excavation work
during dry weather
0 Stab il ize all denuded areas , install and
maintain temporary erosion controls (such
as erosion control fabric or bonded fiber
matr ix) until vegetation is establis hed.
0 Remove existing vegetation only when
abso lutely necessary, plant temporary
vegetation for erosion contro l on slopes
or where construction is not immediately
planned
0 Prevent sediment from migrating offsi te
and protect stonn drain inlets, drainage
courses and streams by installing and
main taining appropriate BMPs (i.e. silt
fences, gravel bag s, fiber rolls, temporary
swalcs,etc.).
□ Keep excavated soi l on site and transfer it
to dump trucks on site, not in the streets .

Co ntaminat ed So ils
0 If any of the follow ing conditions arc
observed, test for contamination and
contact the Regional Water Quality
Control Board:
- Unusual soi l conditions, disco loration,
or odor.
- Abandoned underground tanks.
- Abandoned wells
Buried barrels, debris, or trash.
0 If the above rnnditiuns are observed,
document any signs of potentia l
contamination and clearly mark them so
they arc nm distrurbcd by construction
a1:tivities.

Land sca pin g
0 Protect stockpiled landscaping materials
from wind and rain by storing th em under
tarps all year-round
0 Stack bagged material on pallets and
undercover.
0 Discontinue application of any erodib le
landscape material with in 2 days before a
forecast rain event or during wet weathe r.

Concrete Management
and Dewatering
Concrete Manage ment
0 Store both dry and wet material s under
cover, protected from rainfal l and runoff and
away from stoITTl drains or waterways. Store
tmiterials off the gro und, on pallets. Prok-ct
dry materials from wind.
0 Wash down exposed aggregate concrete
only when the wash water can (1) flow onto
a din area ; (2) drain onto a bem1ed surface
from which it can be pumped and disposed
of properly; or (3) block any storm drain
inletsandvacuumwashwaterfromthe
gutter. If possible, sweep first
0 Wash out concrete equipment/trucks offsite
or in a designated washout area onsitc,
where the water will flow into a temporary
waste pit, and make sure wash water docs
not leach into the underlying soil. (Sec
CASQA Construction BMP Handbook for
properly designed concrete washouts.)
Uewat erin g
0 Dis<.:hargc:s of groundwater or captured
runoff from dcwatcring operations must
be properly managed and disposed . When
possible, send dcwatcring discharge to
landsca ped area or sanitary sewer. If
discharging to the sanitary sewer, call your
local wastewater treatment plant.
0 Divert run-on water from omitc away from
all disturhedarcas.
0 When dewatering, notify and obtain
approval from the local municipa lity before
dischargi ng wate r to a street gutter or stonn
drain. Filtration or diversion through a basin,
tank,orsedimenttrapm<1yberequired.
0 In areas of known or suspec ted
contaminat ion, ca ll your local agency to
dctcm1inc whether the ground water must be
tested. Pumped groundwater may need to be
colkctcd and hauled off-site for treatment
and proper disposa l.

Paving /Asphalt Work
Paving
0 Avoid paving and seal coating in wcl
weather or when rain is forecast. to
prevent material s that have not cured
from co ntact ing stormwatcr runoff.
0 Cover stoITTl drain inlets and manholes
when applying sea l coat, slurry seal, fog
seal.or sim ilar materials.
0 Collect and recycle or properly dispo se of
excess abrasive gravel or sand. Do NOT
sweep or wash it into gutters.

Sawcuttini;: & Asphalt /C oncr ete Removal
0 Protec, storm drain inlets during saw
cutting.
0 If saw cut slurry enters a catch basin,
clean it up immediately.
0 Shovel or vacuum saw cut slurry deposit s
and remove from the site. When making
sawcut s, useaslittlewateraspossible.

Swe ep up, and properly dispose of all
residues.

Painting & Paint Removal
Painting Cleanup and Remo val
0 Never clean brushes or rinse paint
contmncrs mto a strcel, gutter, storm
drain,or strcam.
0 Fur water-based paints, paint out brushes
to the extent poss ible, and rinse into a
drain that goes to the sanitary sewe r.

Never pour painl down a stonn dr.iin
0 For oil-based paints , paint out brushes to
the extent possible and clean with thinner
or solvent in a proper container. Filter and
reuse thin ners and solvents. Dispose of
excess liquid~ as hazardous waste
0 Sweep up or collect paint chips and dust
from non-ha zardous dry stripping and
sand blasting into plastic drop clot hs and
dispose of.is lr.ish.
□ Chemical paint stripping residue and chips
and dust from marine paints or paints
containing lead , mercury , or tribut yltin
must be dispos ed of as hazardous waste.

Lead based paint removal requires a statc­
ccrtiticd contractor.

Urban Runoff
Pollution Prevention Program
Storm drain polluters may be liable for fines of up to $10,000 per day!

TASMAN EAST
PARCEL 11

BLUEPRINT FOR A

CLEAN BAY
TM13.0
You don't often get email from . Learn why this is important From:

Cc: Lesley Xavier; Alexander Abbe; Rebecca Bustos
Subject: FW: Support Material for Ron Patrick"s Comments Re.: 5185 Lafayette St. at Planning Commission December 6, 2023 Meeting
Date: Wednesday, December 6, 2023 12:21:00 PM
Attachments: 5185ReviewText.pdf
5185ReviewPictures(1).pdf
image001.png
image003.png
Hi Ron,
This is to confirm your email has been received in the Planning Commission email account and by way of my reply I am including the appropriate Planning Division staff.

Please note, your comments will be part of the public record on this item Thank you,
Elizabeth Elliott | Staff Aide II
Community Development Department | Planning Division
1500 Warburton Avenue | Santa Clara, CA 95050
O: 408.615.2450 | D: 408.615.2474
www.SantaClaraCA.gov
From: Ron Patrick
Sent: Wednesday, December 6, 2023 11:13 AM
To: Planning Public Comment <[email protected]> Subject: Support Material for Ron Patrick's Comments Re.: 5185 Lafayette St. at Planning Commission December 6, 2023 Meeting
PMM
PC Meeting 12.6.2023
Item 1.B
■ I
I
Comments on Proposed 21-story Residential Building at 5185 Lafayette Street.

September 13, 2023
Files: 5185ReviewText.pdf, 5185ReviewPictures.pdf
by Ron Patrick, ,
I own the property adjacent and directly north of the proposed development at 5185 Lafayette. My property’s address is 5191 Lafayette. Our properties are separated by an alleyway by which I access my property (see Figure 1). I have been operating a business at this location for over a decade, have experienced the effects of the Summerhill and Related developments north and south of my property, and because of this I have a good insight into the impact and problems of the proposed development.

This proposed development has several major problems which are not addressed in the documentation presented.

1. Overloading my property with above-ground utilities: The proposed development will require considerable power and internet services. A condition of approval is that power and internet services on the development site will be put underground. However, once the power and internet wires leave the development, they return above ground on the old wooden power poles. These poles are on my property. The poles in front of my building and between the buildings are overloaded and bending and the wires are hanging low (see Figures 2, 3, and 4). These poles and the wires look like what you would expect to see in a third-world country. The wires on the poles are so precariously hung that they regularly tear loose during wind storms. The proposed development at 5185 will add to the wires carried by these poles. When my property is developed, all of the wiring added to the poles as a result of the proposed development will have to be put underground. This means that I will be paying for their development. This diminishes the value of my property since the cost to put these lines underground will have to be paid by me or a subsequent owner of my property. Putting wires underground after the proposed 21-story development is built (as opposed to before) will result in far more problems since there will be hundreds of people in the building. I would like for the developer to pay for moving all above-ground utilities on my property and those between our properties underground.

2. Existing utility encroachments on my property: There are currently 5 unlawful utility encroachments on my property (see Figure 5). None of these encroachments supply services to my building. When Tasman East was purely a business park, I allowed these encroachments because they did not impact the operations in my building. However due to the transition of the park to residential usage and the great increase in people and traffic that will be brought by the proposed development, I will have to gate my parking lots. Four of these unlawful encroachments make the gating of my property problematic, dangerous, and costly. All four of these encroachments service the development at 5185 Lafayette. They must be removed immediately and the developer should pay for the gating required to control the impact of his development on my property. This should be done prior to the start of the project.

3. Due to number of people moving into the neighborhood and the limited parking available, it is necessary to build a fence around my property to control trespassing and illegal parking. Utilities must

not be located in a way that interferes with my fence. This means that the developer, SVP, and other utilities must work with me during the planning stage of any work impacting my property to avoid any conflicts.

4. The proposed project will cast a huge shadow covering over one-half of my property during the first half of the day. This can be seen by the shadow cast by the 21-story building that Related has built beside the proposed development. This shadowing will stop energy production of solar cells currently on my roof and will eliminate any opportunities for me to expand my solar cell farm. My loss in energy due to shadowing will be over $30/day or approximately $900/month. This calculation is based on a loss of 3 hrs of energy on 4000 ft2 roof with 0.13 W/in2 cells and a cost of energy of $0.15/kWhr. I would like the developer to pay me for the energy he will be blocking from reaching my building.

5. As part of the operation of my business, vehicle engine noise and vehicle exhaust emissions will come from the back of my building facing the proposed development. This will occur anytime during the day.

The developer must insure that his windows and walls are sufficient to keep the noise and exhaust from impacting his residents. In addition, the developer must ensure that his residents will be aware and accepting of the vehicle noise and exhaust prior to their renting an apartment should the construction prove to be insufficient.

6. Interfering with my business during construction: The proposed development is on a corner. That means construction has to be performed across the two alleyways behind the development (see Figure 1). The longest of these two alleyways is the only way I can access my business. In addition, this alleyway is a main thoroughfare for power in the Tasman East project and is above-ground on 50+ year old overloaded wooden power poles. If you visit the site, you will quickly realize how small the site is and how close it is to other active businesses. There is no plan ensuring I can operate my business without interruption during construction. I would like developer to maintain a fund that will compensate me for interrupting my business at the rate of $50,000/day.

7. Interfering with my business after construction: The only way I can access my property is via the alleyway between our buildings. The developer proposes to use that alleyway for residents’ access to
his building. This usage will overload the alleyway and make it difficult to move cars and trucks onto my property. I would like the developer to modify his design to reduce the development’s use of the alleyway between our buildings.

8. The only parking for the development is indoors. That will create a demand for parking outside of their building. My parking lots are the closest available. The developer should pay for gates to block their tenants from using my parking.

10. There is no staging area for the construction. The proposed development has 81% coverage of the property, is on a corner, and is surrounded by active businesses. My employees will not allow me to permit a construction crane to swing over my property. The main alleyway between our properties is the only way vehicles can enter or exit my property and this alleyway contains above-ground power lines. If the developer demolishes the building east of me (2354 Calle Del Mundo) that they own and uses that area to stage the construction, they will risk damaging my building (due to the shared footing) and still will have extremely constrained access to their development.

11. Page INT2 of the development plans show that power lines on the Lafayette side of the building will be moved underground. However, the majority of the power lines near the building run above-ground behind the proposed development in the alleyway (see Figure 4). This is not shown in the drawing.

These lines must be moved underground to free up more space in the alleyway for traffic. If improperly performed, this work will cause a major interruption of power and web service to my building.

12. This proposed project does not take into consideration the effects of the Newark-Northern Receiving Station HVDC Project. https://www.lspgridcalifornia.com/newark/ . This project is a major upgrade of
the power distribution in Santa Clara and runs along Lafayette both above and below ground. The power distribution structure in Tasman East is primarily an above ground system of 50+ year old wooden power poles with a major line for Tasman East running along the alley between the proposed development and my building. The documentation for the development does not mention, consider, or integrate the HVDC project with the development although it is sure to be affected by it.

13. During construction, I will have a continuous problem with workmen trespassing on my property, parking on my property, garbage blowing onto my property, noise, and dust. The Summerhill and Related projects are a block away and I have problems with their workers. No amount of signage, towing cars, or warning construction management reduces the problems. My morning often begins with towing worker’s vehicles off my property to make parking available for my employees. When these illegally-parked vehicles are towed, I often have to deal with angry men knocking on our door demanding to know what happened to their vehicles. During lunch, the workers throw their garbage on the ground and it blows onto my property where we have to clean it up every day. Starting Sunday night through Thursday night, construction workers sleep in their vehicles on the roads near the development. They use my lawn as a toilet. I would like for the developer to provide security at my facility to prevent the parking of their workers on my property, to prevent trespassing on my property, and to clean my property of garbage each day during construction.

14. Break-ins and Property Crime: The property crime in Tasman East has increased greatly during the construction. When a building is vacant, it attracts people who want to live in the building. When a building is torn down, it attracts people who scavenge from the site. During construction, tools and construction supplies attract thieves to the site. Since my property is adjacent to the proposed development, my property will be subjected to the whims of these same people. I would like the developer to provide 24hr, 7 day/week manned on-site security to protect my adjacent site from the people they will attracting. This security must begin as soon as the existing building is vacant.

15. Dangerous ingress and egress off of Lafayette (see Figure 7): The project’s indoor parking is to be entered and exited via alleys on the backside of the property and two entrance/exit points. These alleys are narrow, and were designed for one-direction truck travel. As currently designed, most traffic will enter the proposed property via Lafayette. It is well-documented that northbound Lafayette has some of the fastest traffic in Santa Clara. This entrance is a narrow pinch-point and the development has not put any radius on the entrance (as you can see on the corner on Lafayette and Calle de Luna). Vehicles travelling southbound on Lafayette, after making the u-turn at Calle de Luna will have 100’ to cross over two lanes of traffic to make the entrance. All vehicles entering and exiting Lafayette will have to go very slowly to avoid bottoming out their vehicle on the road since Lafayette has a severe longitudinal drain (ie. gutter) to drain the high volume of water on Lafayette during rainstorms. The combination of fast traffic on Lafayette, cars crossing two lanes quickly after making a u-turn on Calle de Luna, no radiuses on the corner, and slow ingress and egress traffic to/from the alley will create several dangerous traffic conditions. I would like the developer to consider means to reduce or eliminate traffic on the East-West alleyway behind this development that leads onto Lafayette.

16. We live in an earthquake zone, Tasman East is built on landfill, and the 21-story building is very close to my one-story building. I see no stabilizing mechanism or deep pillars in the proposed design. What assures me that the building will not collapse onto my building during an earthquake?

My property at
5191 Lafayette
Proposed
development at
5185 Lafayette
Access to their
indoor parking.

Entrance/Exit
at yellow dots
Alleyways
shown in red
FIGURE 1
Figure 2

This is what happens
when you overload
50 year old power
poles.

Third World Country
mess!

Proposed
development at
5185 Lafayette is
behind the poles.

Tall building in back
gives you idea of
what developer is
proposing at 5185
Lafayette (but
closer).

Figure 3: View down the alleyway between my building (to right) and proposed development (to left). As the day goes on and the wires get hotter, they droop more and more. I can tell how hot it is outside by how low they get.

Figure 4: View from Lafayette down the alleyway between my building (on left) and proposed development (on right). Note power poles and droopy lines down the whole length of the alleyway (circled in red).

Figure 5: Unlawful utility encroachments 1 though 5 on my property. 1, 2, 3, and 5 are making it difficult to gate off my two parking lots.

Alleyway between my building and development shown in purple.

My
parking
My
parking
Lafayette St.

Figure 6: This alleyway is how 200+ residents in proposed development are supposed to exit/enter off of Lafayette. My parking lots are in foreground. Development will reach green line. Yellow box is approximate location of development’s garage door.

BOTTLENECK!
Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 1 of 5 Rev. Rev: 11/22/17

RESOLUTION NO. __________

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO APPROVE A VESTING TENTATIVE SUBDIVISION MAP
(PLN23-00216) AT 5185 LAFAYETTE STREET, SANTA CLARA

WHEREAS, on May 2, 2023 , Ensemble Investments (“Applicant”) filed an application (PLN2 3- 00024) to develop the 0.90-acre parcel, located at 5185 Lafayette Street (“Project Site”) with 198 residential condominium units;
WHEREAS, on October 18, 2023 , the Arch itectural Review (PLN 2018-13441) to construct the 21-story 198-unit multifamily development was approved at the Development Review Hearing (DRH);
WHEREAS, the application (PLN23-00216) is for a Vesting Tentative Subdivision Map to subdivide the property into 198 residential condominium units, four commercial condominium units, one residential parking condominium units, and one commercial parking condominium unit to serve the development (“Project”) as shown on the Vesting Tentative Map, attached hereto and incorporated herein by this reference;
WHEREAS, the proposed subdivision is consistent with the approved site plan and improvements on the Project Site for the development of a 21-story 198-unit residential project approved on October 18, 2023;
WHEREAS, pursuant to Section 17.05.210 of the Code of the City of Santa Clara (“SCCC”), a Tentative Subdivision Map shall be required for all divisions of land into five or more parcels; WHEREAS, on June 2 0, 2023 , the Subdivision Clearance Committee determined that the application was complete and that the proposed Vesting Tentative Subdivision Map should proceed to the Planning Commission in conformance with Section 17.05.300 of the SCCC; Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 2 of 5 Rev. Rev: 11/22/17

WHEREAS, an Addendum to the Tasman East Specific Pl an Environmental Impact Report was prepared in accordance with State CEQA guidelines and approved at the Development Review Hearing on October 18, 2023;
WHEREAS, the proposed Vesting Tentative Map is consistent with the previously approved Project (Architectural Review approval) and would not result in a new impact on the environment or significantly increase the severity of any previously identified impact; WHEREAS, SCCC Section 17.05.300(h) requires that the City Council conduct a public hearing before the approval of a Vesting Tentative Subdivision Map for the division of land; WHEREAS, on November 22, 2023, notices of the public hearing on the Vesting Tentative Map were posted within 300 feet of the Project Site and mailed to all property owners within 1000 feet of the property, according to the most recent Assessor’s roll; WHEREAS, a notice of the public hearing was published in The Weekly, a newspaper of general circulation, on November 22, 2023 for both the December 6, 2023 Planning Commission meeting and the February 20, 2024, City Council Meeting;
WHEREAS, the Planning Commission held a duly noticed public hearing on December 6, 2023, at the conclusion of which, the Planning Commission voted (6-0-1) to recommend that the City Council approve the Vesting Tentative Subdivision Map;
WHEREAS, on February 20, 2024, the City Council held a duly noticed public hearing to consider the Vesting Tentative Subdivision Map application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented in the Staff Report and all verbal and written evidence.

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

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

Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 3 of 5 Rev. Rev: 11/22/17

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

A. The Vesting Tentative Map is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan in that the Vesting Tentative Map subdivides the existing 0.90-Acre Project Site into 198 residential condominium units, four commercial condominium units, one residential parking condominium unit, and one commercial parking condominium unit, consistent with the Tasman East Specific Plan, subject to conditions set forth in the Conditions of Vesting Tentative Map Approval, attached hereto and incorporated by this reference.

B. The design and improvements of the proposed subdivision are consistent with the City’s General Plan, in that the Vesting Tentative Subdivision Map facilitates development of housing stock and construction of ownership housing opportunities for the community; and furthermore complies with General Plan Land Use and Transitional Goals and Polices of the General Plan in that it transforms the industrial lot to a high density residential development that would transition in scale and intensity of use with existing and planned land uses; and is in proximity to transit with multi -modal connections to local and regional transit service to support transit ridership and reduce vehicle miles traveled.

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

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

E. The design of the subdivision and type of improvements are no t likely to cause serious health problems, in that the proposed residential subdivision will implement

Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 4 of 5 Rev. Rev: 11/22/17
Covenants, Conditions, and Restrictions for operation and maintenance of the building and site improvements and does not propose the use of hazardous materials.

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

G. The design of the subdi vision and type of improvements will not conflict with easements acquired by the public at large or use of property within the proposed subdivision in that it is designed to avoid encroachment and conflicts with public easements in the site design.

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

3. Based on the findings set forth in this Resolution and the evidence in the Staff Report and such other evidence as received at the public hearings on this matter , the City Council hereby approves the Vesting Tentative Subdivision Map, substantially in the form on file as shown on the attached Vesting Tentative Subdivision Map and subject to the Conditions of Vesting Tentative Subdivision Map Approval, hereby incorporated by this reference.

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Resolution/ 5185 Lafayette Street - Vesting Tentative Subdivision Map Page 5 of 5 Rev. Rev: 11/22/17

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 20TH DAY OF FEBRUARY 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST:

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Attachments Incorporated by Reference:

1. Vesting Tentative Subdivision Map

2. Conditions of Vesting Tentative Subdivision Map Approval

________________________________________________________________________________ 5185 Lafayette Street – Vesting Tentative Map
Conditions of Approval Page 1

CONDITIONS OF APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
G1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G2. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A1. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

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

BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map:
https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.

BD3. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
• https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.

PLANNING DIVISION
P1. The project shall comply with the Conditions of Approval for the associated Architectural Review (PLN2018-133441).
________________________________________________________________________________ 5185 Lafayette Street – Vesting Tentative Map
Conditions of Approval Page 2 FIRE
F1. Fire apparatus access roadways shall be provided so that all portion of an exterior wall of the first story of the buildings are located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building, or the project team will be required to mitigate the lack of compliance. If these conditions can not be met the project team will be required to complete an Alternative materials, design and methods of construction and equipment application. The required mitigation measure will be determined by the Fire Department.

F2. At time of Building Permit application provide documentation to show the minimum required fire-flow for the building based on the construction type and square footage in accordance with the California Fire Code, Appendix B, Table B105.1 can be met. A 75% reduction in fire-flow is allowed with the installation of a automatic fire sprinkler system designed in accordance with California Fire Code § B105.2. The resulting fire-flow shall not be less than 1,500 gallons per minute (or 1,000 gallons per minute for NFPA 13 fire sprinkler systems) minute for the prescribed duration.

F3. At time of Building Permit application, the required number, location and distribution of fire hydrants for the building based on the California Fire Code, Appendix C, Table C102.1 shall be incorporated into the construction documents. The required number of fire hydrants shall be based on the fire-flow before the reduction.

F4. At time of Building Permit application, construction documents for proposed fire apparatus access, location of fire lanes and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the Fire Prevention and Hazardous Materials Division.

F5. Prior to the start of construction, fire protection water supplies shall be installed and made serviceable prior to the time of construction or prior to combustible materials being moved onsite, unless an approved alternative method of protection is approved by the Fire Prevention and Hazardous Materials Division.

F6. At time of Building Permit application, construction documents for the fire department apparatus access roads are required submitted to the Fire Prevention and Hazardous Materials Division. Access roadways shall be provided to comply with all of the following requirements:
a. Fire apparatus access roadways shall be provided for every facility, building, or portion of a building hereafter constructed or moved when any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building.
b. Fire apparatus access roadways shall have a “minimum” width of a fire apparatus access roadway for Engines is 20 feet. The “minimum” width of roadways for aerial apparatus is 26 feet. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building and the sides of the building requiring access shall be approved by the Fire Department. Trees, overhead wiring, etc. shall not conflict with any means of fire department access.
c. Fire access roadways shall have a “minimum” unobstructed vertical clearance of not less than 13 feet 6 inches. Aerial apparatus access roads may require additional vertical clearance. d. Fire access roadways shall All fire department access roadways shall be an all-weather surface designed to support the imposed load of fire apparatus with a gross vehicle weight of 75,000- pounds.
e. Fire apparatus access roadways shall have a “minimum” inside turning radius for fire department access roadways shall be 36 feet or greater. f. Dead-end fire apparatus access roadways in excess of 150 feet in length shall be provided with approved provisions for turning around.
g. Traffic calming devices are not permitted on any designated fire access roadway, unless approved by the Fire Prevention & Hazardous Materials Division. h. All Fire Department Access roadways shall be recorded as an Emergency Vehicle Access Easement (EVAE) on the final map. No other instruments will be considered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways. ________________________________________________________________________________ 5185 Lafayette Street – Vesting Tentative Map
Conditions of Approval Page 3 i. All gates installed on designated fire department access roads are required to electrically automatic powered gates. Gates shall be provided with an emergency battery power supply, or shall be a fail-safe design, allowing the gate to be pushed open without the use of special knowledge or equipment. To control the automatic gates a detector/strobe switch shall be installed to allow emergency vehicles (e.g., fire, police, ems) to flash a vehicle mounted strobe light towards the detector/strobe switch, which in turn overrides the system and opens the gate.

The gates shall be equipped with a TOMAR Strobe Switch or 3M OPTICOM Detector to facilitate this override. Said device shall be mounted at a minimum height of seven feet (7’) above the adjacent road surface and is subject to an acceptance test witnessed by the Fire Department prior to final approval of the project.

F7. Provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.

F8. Prior to issuance of a Building Demo Permit, Steps 1 through 3 summarized below must be addressed during the planning phase of the project. Submit Phase II environmental documents:
a. Step 1 – Hazardous Materials Closure (HMCP): This is a permit is issued by the Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division. Hazardous materials closure plans are required for businesses that used, handled or stored hazardous materials. While required prior to closing a business this is not always done by the business owner, and therefore should be part of the developer’s due diligence. The hazardous materials closure plans demonstrate that hazardous materials which were stored, dispensed, handled or used in the facility/business are safely transported, disposed of or reused in a manner that eliminates any threat to public health and environment.
b. Step 2 – Site Mitigation: Site mitigation is the cleanup or management of chemical contaminants in soil, soil vapor or groundwater. The type and extent of contamination on site(s) governs which of the regulatory agencies noted below will supervise the cleanup. • Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division (CUPA) • Department of Toxic Substances Control (DTSC)
• State Water Resources Control Board
• Santa Clara County, Department of Environmental Health. c. Step 3 – Community Development, Building Division Demolition Application: For the majority of projects within the City of Santa Clara, Steps 1 and/or 2 described above need to be completed prior to proceeding to demolition application in order to avoid permit approval delays. The purpose of a demolition permit is to ensure that the parcel is clear of debris and other health hazard material (lead, asbestos, etc.) and that the utility connections have been plugged and sealed.”
If the project intends to contract with a State or County Agency for onsite/offsite environmental remediation activities the following documentation shall be provided to the Fire Prevention & Hazardous Materials Division prior to issuance of a Building Permit for demolition or grading:
• Oversight agency case number; and
• Oversight mangers contact name, phone number.

PARKS & RECREATION
PR1. Department Comments and COAs are tied to PLN2018-13441.

PUBLIC WORKS

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

E2. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted within a Single ________________________________________________________________________________ 5185 Lafayette Street – Vesting Tentative Map
Conditions of Approval Page 4 Encroachment Permit to be reviewed and issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

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

E4. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E5. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

E6. Dedicate required on-site easements for any new public utilities, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development.

E7. Dedicate sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.

E8. If requested, Developer/property owner shall prepare and submit for City approval a maintenance plan for all sidewalk, curb and gutter, landscaping and irrigation system improvements installed within the public right-of-way prior to encroachment permit issuance. Such plan shall include at a minimum, maintenance requirements for trees and shrubs, in acknowledgement of developer’s/property owner’s obligation under Chapter 12.30 and 17.15.

E9. Obtain Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction.

E10. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.

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

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

W3. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

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

City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1147 Agenda Date: 10/18/2023

REPORT TO DEVELOPMENT REVIEW HEARING

SUBJECT
Action on the Architectural Review for a Multi-Family Residential Development within the Tasman East Specific Plan Area Located at 5185 Lafayette Street (Applicant Requested Continuance from the September 13, 2023 Meeting)
File No.: PLN2018-13441
Location: 5185 Lafayette Street, an approximately 0.90-acre property located on the west side of Calle De Luna; APN: 097-46-011; the property is zoned Transit Neighborhood (TN) Applicant: Ensemble Investments/Steinberg Hart
Owner: 5185 Lafayette Street, LCC
Request: Architectural Review for a new 21-story, 198-unit multi-family residential development within the Tasman East Specific Plan area located at 5185 Lafayette Street Project Data
The Project Data Table is included as Attachment 2.

Points for Consideration
· Per the applicant’s request, the project was continued from the September 13, 2023 Development Review Hearing.
· The applicant proposes to redevelop the subject 0.90-acre (39,024 square-foot) site. · The subject site has a General Plan land use designation of Transit Neighborhood within the Tasman East Specific Plan (TESP).
· The TESP intends for the redevelopment of the existing industrial area into a high-density transit-oriented neighborhood.
· The subject site has a zoning designation of Transit Neighborhood (TN) · The density range for the Transit Neighborhood (TN) designation is 100-350 dwelling units per acre (du/ac). The project as proposed is 220 du/ac.
· The project site is currently developed with one light industrial building, totaling approximately 15,365 square feet, which would be demolished.
· The project includes 21-story residential building, with two levels below grade parking, five levels above grade podium (with parking), and sixteen levels of residential units above. · Access to the buildings would be provided by updating two full-access driveways along the northeast side of the lot, with an ingress and egress on Lafayette Street and Calle De Luna, and an additional egress only driveway on Calle De Luna. The parking garage is accessed through the northeast corner of the lot. The project proposes a drop-off/pick-up zone on Calle De Luna. · A virtual community meeting for the project was held on July 10, 2022. Community members asked questions about the tenant for the retail space and construction timing.

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23-1147 Agenda Date: 10/18/2023
Building Design
· The proposed building would be a maximum height of 219 feet to the roofline with an additional 20-30 feet of mechanical equipment screening. · A small number of residential units would also be located on floors two to five. Floors six to 21 would consist of residential units ranging from nine units to 13 units. · The project would provide up to 8,264 square feet of usable open space (exceeding the requirements). A gateway plaza and covered patio and dining area are proposed on the ground floor and an outdoor fitness area and yoga patio are proposed on the sixth floor. Amenities proposed on the 21st floor would include a pool and spa, cabanas, BBQ area, entertainment room, and dining terrace. In addition, each residential unit would include a balcony/patio. · Parking would be provided within two levels of below-grade parking and within the building on floors two to five. A total of 310 vehicular parking spaces and 110 bicycle parking spaces are proposed. Parking stackers account for 109 of the vehicular spaces. · The overall architecture of the building represents a contemporary design. The residential tower utilizes a combination of vision and spandrel glass, porcelain tile panels, and metal panels.

Conclusion
· The proposed development is consistent with the General Plan and with the TN Zoning District development standards and guidelines. The approved Tasman East Specific Plan (TESP) provides for a residential yield of up to 4,500 new dwelling units over the next 20 years. To date, 2,110 dwelling units have been entitled. A total of 198 units are proposed with this project. · The proposal will support goals, policies and land uses established in the TESP to create a mix of housing types, open spaces, and supporting linkage to the Guadalupe River Trail.

Findings
To grant approval of the Architectural Review, the following findings shall be made:

1. That any off-street parking area, screening strips and other facilitates and improvements necessary to secure the purpose and intent of this title and the general plan of the City area a part of the proposed development, in that;
· The development exceeds the required parking spaces under SCCC 18.25.070(a)(3) and (5).

The project provides 310 parking spaces where 209 are required, including 111 parking spaces that will be located in parking stackers.

2. That the design and location of the proposed development and its relation to neighboring developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood, will not unreasonably interfere with the use and enjoyment of neighboring developments, and will not create traffic congestion or hazard, in that; · The project is consistent with the Tasman East Specific Plan Street Design Guidelines, Open Space Design Guidelines and Building Design Guidelines. The project implements the TESP by providing the necessary components such as bike lanes, sidewalk widths, and landscaping.

The building is designed to be consistent with the TESP by providing building recesses, notches, a variety of materials, colors, and fenestration patterns. · The proposed project incorporates high quality sustainable, energy efficient materials and will meet or exceed all CalGreen requirements.

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23-1147 Agenda Date: 10/18/2023

3. That the design and location of the proposed development is such that it is in keeping with the character of the neighborhood and is such as not to be detrimental to the harmonious development contemplated by this title and the general plan of the City, in that; · The development is consistent with the Transit Neighborhood Specific Plan and zoning designations. The project is compatible with the planned high-density residential uses in the area.

4. That the granting of such approval will not, under the circumstances of the particular case, materially affect adversely the health, comfort or general welfare of persons residing or working in the neighborhood of said development, and will not be materially detrimental to the public welfare or injuries to property or improvements in said neighborhood, in that; · The project is subject to the California Building Code and City Code requirements, which serve to regulate new construction to protect public health, safety and general welfare. · The use, scale, and design of the development, as conditioned, are consistent with the TESP standards and are compatible with the planned uses in the surrounding area.

5. That the proposed development, as set forth in the plans and drawings, are consistent with the set of more detailed policies and criteria for architectural review as approved and updated from time to time by the City Council, which set shall be maintained in the planning division office, in that;
· The proposed project is consistent with the Tasman East Specific Plan and provides for an attractive, inviting, imaginative and functional site arrangement of the building, the obscured parking areas, and a high quality architectural and landscape design. The project also provides for proper access, visibility and identity, and access to transit within the Tasman East Specific Plan.

ENVIRONMENTAL REVIEW
An Addendum was prepared for the project in accordance with the California Environmental Quality Act (CEQA). See Attachment 4 for the Addendum. CEQA Guidelines Section 15162 states that when an Environmental Impact Report (EIR) has been certified or a Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the Lead Agency determines on the basis of substantial evidence in light of the whole record that substantial changes or new information of substantial importance has been identified.

The City of Santa Clara certified the Tasman East Specific Plan (TESP) EIR (SCH#2016122027, File Nos. CEQ2016-01026, PLN2016-12400). Based on the proposed project description and knowledge of the project site (based on the environmental review prepared for the TESP FEIR), the City concludes that the proposed project would not result in any new impacts not previously disclosed in the TESP FEIR and would not result in a substantial increase in the magnitude of any significant environmental impacts previously identified in the FEIR. For these reasons, an addendum to the TESP FEIR was prepared for the proposed project. An addendum is not required to circulate for public review, but will be attached to the TESP FEIR, pursuant to CEQA Guidelines Section 15164(c).

PUBLIC CONTACT
On August 31, 2023, a notice of public hearing of this item was posted 1,000 feet of the project site and mailed to property owners within 1,000 feet of the project site. The project was continued from the September 13, 2023 hearing to a date certain of October 18, 2023. Therefore, additional noticing City of Santa Clara Printed on 10/12/2023Page 3 of 4
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23-1147 Agenda Date: 10/18/2023
was not required. As of the writing of this report, planning staff has not received public comments for this application.

RECOMMENDATION
Consider the Addendum to the Tasman East Specific Plan EIR and Approve the Architectural Review for the new construction of a 21-story, 198-unit multifamily residential development with two levels below grade for parking, five levels above grade podium (with parking), and sixteen levels of residential units above within the Tasman East Specific Plan area located at 5185 Lafayette Street, subject to the findings and conditions of approval.

Prepared by: Rebecca Bustos, Principal Planner, Community Development Department Approved by: Sheldon Ah Sing, Development Review Officer, Community Development Department

ATTACHMENTS

1. Development Plans

2. Project Data Table

3. Conditions of Approval

4. CEQA Addendum
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5185 Lafayette Street
Lot Size: 39,024 sq. ft.

Existing Proposed
Square Footage 15,365 sq. ft. 393,038 sq. ft.

Stories One 21
Residential Units - 198
Lot Coverage 15,365/39,024 = 40% 31,450/39,024 = 81%
F.A.R. 15,365/39,024 = 0.40 393,038/39,024 = 10
Vehicle Parking 12 310
Bicycle Parking - 110

________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 1

CONDITIONS OF APPROVAL
In addition to complying with all applicable codes, regulations, ordinances and resolutions, the following conditions of approval are recommended:

GENERAL
G1. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G2. Comply with all applicable codes, regulations, ordinances and resolutions.

ATTORNEY’S OFFICE
A1. The Developer agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorneys' fees, injuries, costs, and liabilities arising from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of developer's project.

COMMUNITY DEVELOPMENT

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

BD2. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map:
https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
a. FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.

BD3. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
 https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.

BD4. No construction code review or analysis is being done at this time. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis, including; proposed use and occupancy of all spaces (19' CBC Ch. 3), all building heights and areas (19' CBC Ch. 5), all proposed types of construction (19' CBC Ch. 6), all proposed fire ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 2 and smoke protection features, including all types of all fire rated penetrations proposed (19' CBC Ch. 7), all proposed interior finishes fire resistance (19' CBC Ch. 8), all fire protection systems proposed (19' CBC Ch. 9), and all means of egress proposed (19' CBC Ch. 10). -Noncombustible exterior wall, floor, and roof finishes are strongly encouraged.
 During construction retaining a single company to install all fire rated penetrations is highly recommended.
 The grade level lobbies shall be min.1 hour rated all sides and above.  All stair shafts shall be min. 1 hour rated.
 All elevator shafts shall be min. 1 hour rated.
 All trash chute shafts shall be min. 1 hour rated.
 Recommendation: provide a minimum of two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room.  Any trash rooms shall be min. 1 hour rated all sides and above.

BD5. The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.

BD6. Temporary Certificates of Occupancy will not be routinely issued and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.

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

BD8. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022 See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code.  Chp. 15.36 – Energy Code for “all electric” provisions for new construction.  Chp. 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.

BD9. Due to limited review experience in structure exceeding the height limit of 160 feet in the City, Building Official reserves the right to require structural peer review for this project. Final determination will be made when the Building permit application is submitted.

HOUSING & COMMUNITY SERVICES DIVISION
H1. Project is subject to the Phase I incremental affordable housing requirements as set out the Tasman East Specific Plan, which requires a total of 15.81 affordable units to be provided on site. This is based on the 198 proposed units. The calculation of the affordable housing requirements results in a fractional unit (.81); the Applicant shall either pay an in-lieu fee of $255,463.43 or provide an additional unit to satisfy the requirement. There is currently no impact fee for the retail space proposed as it is under 5,000sf. If the retail space exceeds 5,000sf, an impact fee will be assessed at $6.47/sf. Fees must be paid prior to the issuance of the occupancy certificate of the building. Please note that the in-lieu and impact fees are currently estimates and may change if there are changes to the proposed plans. The Applicant shall provide units to affordable households made available at affordable rental prices to extremely low, very low, low and/or moderate-income households as long as the distribution of affordable units averages to a maximum of 100 percent of Area Median Income. ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 3 H2. Prior to issuance of Building Permits, the Developer shall enter into an Affordable Housing Agreement (AHA) with the City that will determine the affordable rents and apply all terms and covenants guaranteeing the prescribed affordability, to the satisfaction of the Director of Community Development.

Satisfaction of the affordable housing obligation shall be memorialized in the AHA and subject to City Council approval. There will be a fee for the AHA preparation in the amount of $5,610 that will be due prior to execution of the AHA. Additionally, there is an annual monitoring fee per affordable unit in the amount $122. Please note all fees are based on the current Municipal Fee Schedule in effect at the time the project is approved and must be paid prior to the issuance of the occupancy certificate of the building. If note, if project does not receive approval before 7/1/23, the FY23-24 Fee schedule will apply. Fractional unit in-lieu fee will be $284,188,26, AHA preparation fee $5,868 and annual monitoring fee $127 per affordable unit.

PLANNING DIVISION
P1. Obtain required permits and inspections from the Building Official and comply with the conditions thereof. As this project involves land area of one acre or more, the Developer shall file a Notice of Intent (NOI) with the State Water Resources Control Board prior to issuance of any building permit for grading, or construction; a copy of the NOI shall be sent to the City Building Inspection Division. A stormwater pollution prevention plan is also required with the NOI.

P2. Submit plans for final architectural review to the Planning Division and obtain architectural approval prior to issuance of building permits. Said plans to include, but not be limited to: site plans, floor plans, elevations, landscaping, trash enclosure details, lighting and signage. Landscaping installation shall meet City water conservation criteria in a manner acceptable to the Director of Community Development.

P3. A complete landscape plan that includes, type, size and location of all plant species shall be required as part of architectural review of the project for both the private property and adjacent public right-of- way. Review and approval of the complete landscape plan, including water conservation calculations and irrigation plan shall be required prior to issuance of building permits. Installation of landscaping is required prior to occupancy permits.

P4. A master sign program shall be required for the project. This can be submitted as a separate architecture application and shall be approved prior to the occupancy of the building.

P5. The project shall be consistent in all aspects of the Tasman East Focus Area Plan.

P6. Minor changes to the building, landscaping, or other minor plan elements would be subject to Planning Division review and approval of a Minor Amendment to an Approved Project, or through Architectural Review, subject to the discretion of the Director of Community Development.

P7. Prior to issuance of a demolition permit, Developer/Owner shall have an asbestos survey of the proposed site performed by a certified individual. Survey results and notice of the proposed demolition are to be sent to the Bay Area Air Quality Management District (BAAQMD). No demolition shall be performed without a demolition permit and BAAQMD approval and, if necessary, proper asbestos removal.

P8. Incorporate Best Management Practices (BMPs) into construction plans and incorporate post construction water runoff measures into project plans in accordance with the City’s Urban Runoff Pollution Prevention Program standards prior to the issuance of permits. Proposed BMPs shall be submitted to and thereafter reviewed and approved by the Planning Division and the Building Inspection Division for incorporation into construction drawings and specifications.

P9. An erosion control plan shall be prepared, and copies provided to the Planning Division and to the Building Inspection Division for review and approval prior to the issuance of grading permits or building permits that involve substantial disturbance of substantial ground area.

P10. Commercial, industrial, and multi-family residential buildings must have enclosures for solid waste and recycling containers. The size and shape of the enclosure(s) must be adequate to serve the estimated solid waste and recycling needs and size of the building(s) onsite and should be designed and located on the property so as to allow ease of access by collection vehicles. As a general rule, the size of the enclosure(s) for the recycling containers should be similar to the size of the trash enclosure(s) provided onsite. Roofed enclosures with masonry walls and solid metal gates are the preferred design. Any ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 4 required enclosure fencing (trash area, utility equipment, etc.) if not see-thru, shall have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures shall be locked.

P11. The Final Storm Water Management Plan (SWMP) must be certified by a third-party consultant from SCVURPP’s current list of qualified consultants. Five copies of the approval letter from the certified third-party review (wet stamped and signed) must be submitted prior to the issuance of grading or building permit.

P12. Prior to the issuance final occupancy, the applicant shall enter into Operations and Maintenance (O&M) agreement with the City. The project operator is responsible for the operations and maintenance of the SWMP and stormwater BMPs consistent with the O&M agreement throughout the life of the project.

Green infrastructure shall be installed within the public right-of-way consistent with RWQCB requirements.

P13. Developer is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P14. Construction Management Plan. The owner or designee shall submit a construction management plan addressing impacts to the public during construction activities including: showing work hours, noticing of affected businesses, construction signage, noise control, storm water pollution prevention, job trailer location, contractor parking, parking enforcement, truck hauling routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. The plan shall be submitted to the Director of Community Development or designee for approval prior to issuance of demolition and building permits.

P15. Construction activity not confined within a building shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and not permitted on Saturdays, Sundays and State and federal holidays for projects within 300 feet of a residential use. Construction activity confined within a building shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and prohibited on Sundays and State and federal holidays.

P16. The applicant shall pay the Specific Plan Fee for the project prior to the issuance of an approval by the Development Review Hearing. The fee is to defray the cost of preparation, adoption, administration of the specific plan.

P17. The Developer shall comply with the Mitigations Monitoring and Reporting Program (MMRP) identified in the Tasman East Specific Plan Environmental Impact Report (SCH No. 2016122027).

P18. Air Quality Project Conditions.
a. Design the site to limit exposure from sources of TACs and fine particulate matter (PM2.5) emissions. The final site layout shall locate operable windows and air intakes as far as possible from the Union Pacific Railroad line/Lafayette Street and Tasman Drive. b. To the greatest degree possible, plant vegetation along the project site boundaries with Union Pacific Railroad line/Lafayette Street and Tasman Drive and around outdoor use areas. This barrier would include trees and shrubs that provide a dense vegetative barrier. c. Install air filtration at units that have predicted PM2.5 concentrations above 0.3 μg/m3. Air filtration devices shall be rated MERV13 or higher. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds.
d. As part of implementing this measure, an ongoing maintenance plan for the building’s HVAC air filtration system shall be required.
e. Ensure that any lease agreements and other property documents (1) require cleaning, maintenance, and monitoring of the affected units for air flow leaks; (2) include assurance that new owners and tenants are provided information on the ventilation system; and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed. f. Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce cancer risk below 10 ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 5 chances per million from any source and PM2.5 concentrations above 0.3 μg/m3 for any source and 0.8 μg/m3 for all sources.
g. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
h. All trucks and equipment, including their tires, shall be washed off prior to leaving the site. i. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel. j. Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the project applicant shall submit a construction operations plan to the Director of Community Development demonstrating that the off-road equipment used for construction of the project would achieve a fleet-wide average of at least 70 percent reduction in DPM exhaust emissions.

To achieve this reduction the construction plan would include the following:
(i) All construction equipment larger than 25 horsepower, operating on-site for more than two days continuously or 20 hours total shall meet U.S.

Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 3 engines with the inclusion of particulate matter emissions control equivalent to California Air Resources Board (CARB)-certified Level 3 diesel emission control devices that achieve a 70 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment or equivalent. (ii) Electrical power lines shall be installed during early construction phases to avoid use of diesel generators, or
(iii) As an alternative to the measures above, the project applicant could request a plan from a qualified air quality specialist demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 70 percent or greater. Such a plan shall be reviewed and approved by the Director of Community Development prior to construction. Elements of the plan could include a combination of the following measures.
 Implementation of the first bullet (use of Tier 4 or alternatively fueled equipment),
 Implementation of the second bullet (installation of electrical power lines),
 Use of electrically-powered equipment,
 Forklifts and aerial lifts for exterior and interior building construction shall be electric or propane/natural gas powered,
 Change in construction build out plans to lengthen phases, and Implementation of different building techniques that result in less diesel equipment usage.

P19. Biological Resources Project Conditions.
a. All free-standing glass railings adjacent to planted vegetation (i.e., amenity terraces on floors six and 21) shall be 100 percent treated with bird-safe treatment. b. Extensive glazing within 60 feet above ground and on the floors above and below the sixth and 21st floor amenity terraces shall be treated with a bird-safe glazing treatment such that no more than 10 percent of the surface area have untreated glazing. c. Landscape vegetation with flowers and fruits shall be removed from any planted areas immediately adjacent to untreated glazed areas.
d. There is potential for bird collisions on floors one to five (i.e., within approximately 60 feet of the ground). Specifically, on floors one and two of the eastern façade and on floors one to five of the ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 6 southern façade as these areas would be located adjacent to landscape vegetation and would consist of extensive glazing. One of the following two alternatives for glazing treatment shall be implemented
(i) No more than 10 percent of the surface area of the building façades combined shall have untreated glazing between the ground and 60 feet above ground. The applicant can determine which areas have untreated glazing; however, it is recommended that untreated glazing be minimized on the southern façade (where collision risks would be the highest); or
(ii) No more than 10 percent of the surface area of the southern and eastern building façades outlined in red on Figures 10 and 11 of Appendix B of this document and below shall consist of untreated glazing. This alternative focuses on the areas where collision would be the highest and would provide less flexibility regarding where unglazed treatment would occur.

Any untreated glazed areas (i.e., 10 percent untreated areas) shall be broken up into sections no greater than 24 square feet in size by mullions or bird-safe treatments. e. No more than 10 percent of the surface area of these combined façades (as outlined in yellow on Figures 10, 12, and 13 of Appendix B of the CEQA Addendum) shall have untreated glazing.

All remaining untreated glazed areas shall be broken up into sections no greater than 24 square feet in size by mullions and bird-safe glazing treatments.

P20. Noise Project Conditions.
a. The proposed retail space and residential units located on floors two to five shall have windows and doors with a Sound Transmission Class (STC) rating of 35 or greater to meet the interior noise threshold established by California Green Building Standards Code (CALGreen) requirements.
b. The proposed residential units along the western (sixth floor and above) and portions of the northern and southern building façades closest to Lafayette Street shall have windows and doors with a STC rating of 32 or greater to meet the interior noise threshold established by the City.
c. The remaining building façades shall have windows and doors with a STC rating of 28 or greater.
d. A suitable form of force-air mechanical ventilation, as determined by the local building official, shall be provided to all dwelling units on-site so that windows can be kept closed at the occupant’s discretion.
e. If substantive changes are made to the design of the project prior to building department submittal, a qualified acoustical consultant shall confirm the noise insulation recommendations based on the final site plans, building elevations, and floor plans of the proposed building.

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

P21. The Developer/ Owner shall develop and implement a Transportation Demand management (TDM) program.

P22. On the annual anniversary of project occupancy, the Developer/Owner shall prepare and provide to the Planning Division an annual report outlining the performance of the TDM.

P23. Prior to the issuance of the occupancy permit, the applicant shall prepare and receive approval on 20 percent vehicle miles traveled (VMT) reduction strategy, 10 percent of which would come from a Transportation Demand Management program (TDM).

FIRE
F1. 25-foot Emergency Vehicle Access Easement on the East side of the building or an alternate judgement from the City Attorney
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Conditions of Approval Page 7 F2. 25-foot Emergency Vehicle Access Easement on the North side of the building or an alternate judgement from the City Attorney
F3. The final TMAP (PLN23-00216) shall correctly represent the EVAE (or alternative with city attorney approval) on the North and East side of the building.

F4. An Alternate means permit (to be submitted and reviewed at same time as Building Permit) will be required detailing mitigation for the lack of aerial access. Normal mitigations may include an additional Fire Service Access Elevator, redundant fire sprinkler risers, and active smoke control system.

F5. Please note all conditions will be required to be satisfied prior to Building Permit issuance.

F6. FDC to be moved to address side of the building on Patrick Henry.

F7. Prior to Building Permit Issuance, a Phase II environmental assessment is required to be submitted to CRRD for review. If hazards are present that require site mitigation, cleanup, or management of chemical contaminants in soil, soil vapor, or groundwater a separate permit from one of the regulatory agencies below will be required. The type and extent of contamination on site(s) will govern which of the regulatory agencies noted below can supervise the cleanup: Department of Toxic Substances Control (DTSC); State Water Resources Control Board; or Santa Clara County, Department of Environmental Health.

F8. If the project intends to contract with a State or County Agency for onsite/offsite environmental remediation activities the following documentation shall be provided to the Fire Prevention & Hazardous Materials Division prior to issuance of a Building Permit for demolition or grading: Oversight agency case number; and Oversight mangers contact name, phone number.

F9. Prior to Building Permit Issuance, a Hazardous Materials Inventory Statement is required to be submitted and reviewed.

F10. Prior to Building Permit Issuance, a permit for Construction Safety & Demolition shall be submitted to the fire department for review and approval in compliance with our Construction Safety & Demolition standard.

F11. Prior to Building Permit Issuance, provide documentation from the City of Santa Clara Water & Sewer Department that the minimum required fire-flow can be met. Fire Department fire-flow will be based on the current California Fire Code. The most restrictive departments requirement shall apply.

F12. Prior to Building Permit Issuance, building plans shall show the required number, location and distribution of fire hydrants for the buildings will be based on the current California Fire Code, Appendix C as amended. The required number of fire hydrants will be based on the fire-flow before the reduction for fire sprinklers. Both public and private fire hydrants may be required F13. Prior to the issuance of the Building Permit, a construction permit from the fire department apparatus access roads is required to be submitted for review and approval. Roadways must be provided to comply with all the following requirements:

F14. Fire apparatus access roadways shall be provided so that the exterior walls of the first story of the buildings are located not more than 150 feet from fire apparatus access as measured by an approved route around the exterior of each building. In addition, aerial apparatus roadways must be located so aerial apparatus will have clear access to the “entire” face/sides of the building. The minimum number of sides is project-specific and depends on the building configuration, building design, occupancy, and construction type, etc. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment permit application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. Please note acceptable mitigation methods may have been discussed during the planning stage. Those mitigations are not guaranteed until a formal alternate means permit is submitted ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 8 concurrently with the Building Plans. Conversely, an acceptable mitigation method may not have been discussed and will be evaluated under an alternate means permit at the building permit stage.

F15. For all other areas, the “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches.

F16. The “minimum” width of aerial roadways for aerial apparatus is 26 feet.

F17. The minimum inside turning radius shall be 30 feet.

F18. The “minimum” width of roadways for aerial apparatus is 26 feet. Ariel access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building.

F19. Overhead utility and power lines easements shall not be located over fire apparatus access roads or between the aerial fire apparatus roads and the buildings to avoid the possibility of injury and equipment damage from electrical hazards.

F20. Fire apparatus access roadways shall be all-weather surface(s) designed to support a gross vehicle weight of 75,000-pounds.

F21. Trees at full development must not exceed 30’ in height and not impair aerials apparatus operations to sweep opposing sides of a building. Other obstructions such as site lighting, bio-retention, and architectural features are reviewed case-by-case to ensure they do not obstruct aerial and ground ladder access.

F22. Traffic control/calming devices are not permitted on any designated fire access roadway unless approved. A separate Fire Department permit is required for any barrier devices installed alone fire department apparatus access roads.

F23. Prior to any Building Department Issuance, all fire department apparatus access roadways on private property are required to “be recorded” with the County of Santa Clara as Emergency Vehicle Access Easements (EVAE’s) and reviewed by the Fire Department. No other instruments will be considered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways.

F24. Prior to Building Permit Issuance, any EVAEs or fire protection equipment (including but not limited to fire service undergrounds, sprinkler piping, fire alarm equipment, fire pumps, ERRCS) that cross property lines or is not located on the parcel of the building it serves shall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE or fire protection equipment.

F25. Prior to Building Permit Issuance, provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.

F26. Prior to any Building Permit issuance, an alternate means or methods permits to mitigate any code deficiency must be submitted and approved. Please submit this permit concurrently with the building plans. Please note specific mitigations may have been discussed during the PCC process. None of these discussions are binding and can only be formally approved through submitting an AMM permit.

The AMM permit is formally documenting that and still needs to be submitted.

PARKS & RECREATION
PR1. This memo assumes the Project is not a subdivision and the Mitigation Fee Act provisions will apply.

The project will generate an estimated 475 residents (2.24 persons/household x 198 units). Based on the MFA standard of 2.53 acres/1,000 residents, the amount of public parkland required for this Project to mitigate the impact of the new resident demand is approximately 1.2355-acres. The equivalent fee due in lieu of parkland dedication is therefore $8,607,456. Final calculations will depend upon the actual number and type of units and the mix of parkland dedicated and remaining fee due, at the discretion of the City.

PR2. In lieu fees imposed under Chapter 17.35 shall be due and payable to the City prior to issuance of a building permit for each dwelling unit.
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 9 PR3. Application for Credit. It does not appear the project will be able to meet the requirements for potential credit.

PR4. Dwelling Unit Tax. According to City Code Chapter 3.15, a dwelling unit tax is also due based upon the number of units and additional bedrooms. The Project mix includes 115 one-bedroom units, and 65 two-bedroom units, and 18 three-bedroom units for a total DUT of $3,475.

POLICE
PD1. The property should be fenced off during demolition and construction as a safety barrier to the public and deterrent to theft and other crime. Consider not having any screening material on the fence so passing Police Patrol checks will be able to see into the site.

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

PD3. In a development where there is an alley, driveway, etc. providing a rear entrance or access, the address shall be displayed to both the front and rear of the individual buildings. Where an alley, driveway, etc. provided vehicular access, address numbers shall be clearly visible from that access.

PD4. Residences with rear alley entrance doors shall be numbered with the same address numbers or suite numbers as the front doors. Numbers that are a minimum height of 4” are recommended.

PD5. There shall be positioned near the entrance an illustrative diagram of the complex, which shows the location of the viewer and unit designations within the complex, including separate building designations. This diagram shall be illuminated and should be protected by vandal and weather resistant covers.

PD6. Each distinct unit within the building shall have its address displayed on or directly above both front and rear doors.

PD7. When there is an alley or driveway to the rear of the residential, business or commercial establishment that provides pedestrian or vehicle access, that area should be fenced and locked after hours. A ‘Knox Box’ or key coded system shall be used for police and fire emergency access.

PD8. Landscaping should follow the National Institute of Crime Prevention standards. That standard describes bushes/shrubs not exceeding 2’ in height at maturity, or maintained at that height, and the canopies of trees should not be lower than 6’ in height. Crime deterrent vegetation is encouraged along the fence and property lines and under vulnerable windows.

PD9. Lighting for the project to be at the IES (Illuminating Engineering Society of North America) standards and include the features listed below: White light source, Pedestrian Scale, Full cut-off or shoebox design, Unbreakable exterior, Tamperproof Housings, Wall mounted lights/10’ high. These features increase natural surveillance, support and/or enhance security camera capabilities, and increase Police Patrol effectiveness.

PD10. Any required enclosure fencing (trash area, utility equipment, etc.) would preferably be see-thru. If for aesthetic reasons prohibit that, the fencing should have a six (6) inch opening along the bottom for clear visibility. Any gates or access doors to these enclosures should be locked.

PD11. If the project includes any benches, these benches should not be longer than 5 feet in length, and should have arm rests at both ends. If the benches are longer than 5 feet in length, there should be a divider (arm rest or similar) in the middle of the bench in addition to the arm rests on both ends. This ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 10 helps prevent unlawful lodging and/or skateboarding. Another option to benches could be cubes, knee walls, or other creative types of seating possibilities.

PD12. The developer should install skate stoppers on any low clearance wall of 36 inches in height or lower to prevent vandalism/damage to the wall from skateboarding or similar activities. If there is outdoor seating associated with a restaurant or similar business which is near vehicle parking stalls, the outdoor space will be designed to ensure the safety of the public from possible vehicular related incidents.

PD13. All exterior doors should be adequately illuminated at all hours with their own light source.

PD14. All construction of dwelling units shall conform to the requirements of the Uniform Building Security Code as adopted by the City of Santa Clara City Council.

PD15. All elevators should be well lit and equipped with a security mirror to provide interior and exterior visibility prior to entry or exit.

PD16. Consider convex mirrors for elevator cabs and at stairwell landings in order to enhance natural surveillance for the user of the elevator or stairs. It is highly desirable to design an elevator shaft and cab to be transparent, making occupants of the cab visible from the outside. All elevators should be well lit and equipped with a security mirror to provide interior & exterior visibility prior to entry or exit.

PD17. Other line of sight obstructions (including recessed doorways, alcoves, etc.) should be avoided on building exterior walls and interior hallways.

PD18. All business, commercial or multi-unit residential establishments, of whatever nature, should have an electronic intruder alarm system installed. The system should cover the interior and perimeter of structures determined to be a value target. Also, consideration should be given to exterior areas that are or contain value targets, such as a product display lot, company vehicle parking area, etc.

PD19. The installation and use of interior and exterior security cameras and recording devices is highly encouraged.

PD20. The parking structure/site should be equipped with a centrally located emergency panic alarm system that reports to a central office. If more than one button/call station is installed, the emergency system should always be in visual distance from another emergency call station. There should not be more than 300 feet separating each call station, which is the current industry standard.

PD21. Exterior stairs shall be open style whenever structurally possible. The stairs should be well lit.

PD22. “White” light meeting the IES standard should be considered. There should be no “dark” areas inside the structure.

PD23. The interior of the parking structure should be painted a light, highly reflective color. This increases the natural lighting available and can help prevent dark areas that attract criminal activity.

PD24. All entrances to the parking areas (structure, surface, subterranean, etc.) shall be posted with appropriate signage to discourage trespassing, unauthorized parking, etc. (See California Vehicle Code section 22658(a) for guidance)
PD25. Alcoves and other visual obstructions that might constitute a hiding place should be eliminated whenever structurally possible. Pillars, columns, and other open construction should be considered over a solid wall design.

PD26. Consider storage, maintenance, and trash rooms within the parking garage having doors which cannot be locked from the inside and that close and lock quickly and automatically upon exit.

PUBLIC WORKS

ENGINEERING
E1. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615 -3000 for further information.
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 11 E2. All work within the public right -of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted wi thin a Single Encroachment Permit to be reviewed and issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

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

E4. This Project is subject to the Tasman East Specific Plan Public Infra structure Fee (Fee) . The Fee is based on a per new residential unit basis. The Fee is subject to annual escalation per the Engineering News Record and is due prior to issuance of Building Permits. The City will credit and/or reimburse the developer for the construction of the Tasman East Specific Plan Public Infrastructure improvements included within the scope of the Fee and if constructed with the Project. These improvements are to be included within the Encroachment Permit issued for the Project. Reimbursement agreements are subject to Council approval.

E5. If the developer submits for a Building Permit that causes the total dwelling units to equal or exceed the following thresholds for the total Building Permit submittals of dwelling units within the en tire Tasman East Specific Plan area, the developer shall design and construct the following traffic mitigation improvements:
 3,150 dwelling units - Lafayette Street and Calle Del Mundo (new traffic signal construction)  3,600 dwelling units – Great America Parkway and State Route 237 (configuration of southbound approach to 1 right turn and 1 through right lane)
 3,600 dwelling units – Lafayette Street and Calle De Luna (traffic signal modification to convert westbound approach to 1 left turn and 1 right turn lane).

The above traffic mitigation improvements shall be completed and placed into service prior to developer submitting any request for occupancy.

E6. City will determine cost sharing of public improvements for the Tasman East Specific Area Plan per the Infrastructure Impact Fee.

E7. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

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

E9. Developer shall provide a complete storm drain study for the 10 -year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.

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

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

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

E13. Dedicate sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.

E14. If requested, Developer/property owner shall prepare and submit for City approval a maintenance plan for all sidewalk, curb and gutter, landscaping and irrigation system improvements installed within the public right -of-way prior to encroachment permit issuance. Such plan shall include at a minimum, ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 12 maintenance requirements for trees and shrubs, in acknowl edgement of developer’s/property owner’s obligation under Chapter 12.30 and 17.15.

E15. Obtain Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appro priate fees, prior to start of construction.

E16. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.

E17. Pavement treatment along Calle De Luna shall be full depth reconstruction 4”AC over 14” AB to the center line of the street.

E18. Pavement treatment shall be slurry seal with digouts for the half street width of Lafayette Street to the hardscape median along the project frontage. This is not included in the infrastructure fee and shall be completed at the sole cost of the developer.

E19. The south half of Calle De Luna will be reconstructed with EP21-0185. Per the City pavement moratorium (Ordinance No. 1998), no pavement cuts are permitted for 5 years after 12/31 of the year the encroachment permit work is completed. Refer to https://www.santaclaraca.gov/our-city/departments-g- z/public-works/maintenance-operations/street-maintenance/pavement-preservation-ordinance for more information.

E20. Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction
E21. Residential bicycle parking shall be 66 Class I spaces (one per 3 dwelling units) and 14 Class II spaces (one per 15 dwelling units) per 2007 VTA Bicycle Technical Guidelines based on 198 total residential units.

E22. Class I and Class II bicycle parking, as defined in SCMC 18.74.075, shall be conveniently accessible from the street, within 200 feet of a building entrance and/or highly visible areas.

E23. Landscape improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.

E24. All on-site structures must be clear of Driveway and Corner Visibility Clearance Areas per City Standard Detail TR-9. Show driveway and corner vision triangles on site plan.

E25. Trash collection shall be conducted on-site.

E26. Provide loading and unloading zone on-site
E27. Design and construct minimum 5-foot wide sidewalk.

E28. Design and construct driveway in accordance with City Standard Detail ST-8.

E29. The project shall pay its fair share of the traffic mitigations identified in Tasman East Specific Plan EIR/TIA. The project will pay its fair share towards the 100% project mitigations identified in the Tasman East Specific Plan/TIA.

E1. At project frontage corner, construct two curb ramps in accordance with Caltrans Std Plan A88A, Case A. Curb ramps shall be aligned with crosswalks.

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

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

L3. Identified existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City of Santa Clara prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.

Solid Waste
SW1. The applicant shall complete and provide the Post-Construction Solid Waste Generation Estimation and Collection Form, which includes the estimation of trash and recycling materials generated from the ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 13 project. Use the City’s Solid Waste Guidelines for New and Redevelopment Projects as specified by the development type. Contact the Public Works Department at [email protected] or (408) 615-3080 for more information. Post Construction Solid Waste Generation and Collection Form to indicate how landscape waste will be addressed (either self-hauled by landscape company or collected in separate yard waste container provided by Mission Trail Waste Systems).

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

All plans shall comply with the City’s Solid Waste Guidelines.

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

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

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

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

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

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

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

ST3. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST4. Floor drains within trash enclosures shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST5. All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for runoff to contact pollutants.

SILICON VALLEY POWER
SVP1. Clearances: (Make sure job notes do not conflict with SVP clearance requirements) a. EQUIPMENT
i. Ten (10) foot minimum clearance is required in front of equipment access doors. (UG1000 sheet 11)
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 14 ii. Five (5) foot minimum clearance from pad is required on sides without equipment access doors. (UG1000 sheet 11)
iii. Eighteen (18) foot minimum width, shall be provided and maintained on one side of the equipment pad to allow an electric dept. line truck to drive up next to the pad for installation and maintenance of equipment. (UG1000 Sheet 11). iv. Barrier pipes are required only on sides accessible to vehicles. (UG1000 Sheet 12).

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

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

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

Exceptions are for riser conduit. (UG1250 Sheet 7)
e. Guy Anchors
i. Five (5) foot minimum clearance is required between center of anchor line and any excavation area. (UG1250 sheet 15).
f. Trees
i. OH 1230 for Overhead Lines
ii. SD 1235 for Tree Planting Requirements near UG Electric Facilities SVP2. Reference listed SVP standards for clearances.
a. Installation of Underground Substructures by Developers b. UG1250 – Encroachment Permit Clearances from Electric Facilities c. UG0339 – Remote Switch Pad
d. OH1230 – Tree Clearances From Overhead Electric Lines e. SD1235 – Tree Planting Requirements Near Underground Electric Facilities SVP3. Prior to submitting any project for Electric Department review, applicant shall provide a site plan showing all existing utilities, structures, easements and trees. Applicant shall also include a “Load Survey” form showing all current and proposed electric loads. A new customer with a load of 500KVA or greater or 100 residential units will have to fill out a “Service Investigation Form” and submit this form to the Electric Planning Department for review by the Electric Planning Engineer. Silicon Valley Power will do exact design of required substructures after plans are submitted for building permits. ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 15 SVP4. The Developer shall provide and install electric facilities per Santa Clara City Code chapter 17.15.210.

SVP5. Electric service shall be underground. See Electric Department Rules and Regulations for available services.

SVP6. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050.

SVP7. Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes. Electric meters and main disconnects shall be installed per Silicon Valley Power Standard MS-G7, Rev. 2.

SVP8. The developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter

17.15.110).

SVP9. If the “legal description” (not “marketing description”) of the units is condominium or apartment, then all electric meters and services disconnects shall be grouped at one location, outside of the building or in a utility room accessible directly from the outside. If they are townhomes or single-family residences, then each unit shall have it’s own meter, located on the structure. A double hasp locking arrangement shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided. Utility room door(s) shall not be alarmed.

SVP10. If transformer pads are required, City Electric Department requires an area of 17’ x 16’-2”, which is clear of all utilities, trees, walls, etc. This area includes a 5’-0” area away from the actual transformer pad. This area in front of the transformer may be reduced from a 8’-0” apron to a 3’-0”, providing the apron is back of a 5’-0” min. wide sidewalk. Transformer pad must be a minimum of 10’-0 from all doors and windows, and shall be located next to a level, drivable area that will support a large crane or truck.

SVP11. All trees, existing and proposed, shall be a minimum of five (5) feet from any existing or proposed Electric Department facilities. Existing trees in conflict will have to be removed. Trees shall not be planted in PUE’s or electric easements.

SVP12. Any relocation of existing electric facilities shall be at Developer’s expense.

SVP13. Electric Load Increase fees may be applicable.

SVP14. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property.

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

SVP15. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or more or any series of non-residential private improvements made within a three-year period valued at $200,000 or more (Santa Clara City Code Title 17 Appendix A (Table III)).

SVP16. Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “Open-Transition- Mode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

SVP17. Encroachment permits will not be signed off by Silicon Valley Power until Developers Work substructure construction drawing has been completed.

SVP18. All SVP-owned equipment is to be covered by an Underground Electric Easement (U.G.E.E.) This is different than a PUE. Only publically-owned dry utilities can be in a UGEE. Other facilities can be in a ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 16 joint trench configuration with SVP, separated by a 1’ clearance, providing that they are constructed simultaneously with SVP facilities. See UG 1000 for details.

SVP19. Proper clearance must be maintained from all SVP facilities, including a 5’ clearance from the outer wall of all conduits. This is in addition to any UGEE specified for the facilities. Contact SVP before making assumptions on any clearances for electric facilities.

SVP20. Transformers and Switch devices can only be located outdoors. These devices MAY be placed 5’ from an outside building wall, provided that the building wall in that area meets specific requirements. (See UG 1000 document for specifics) EXAMPLE: If there are any doors, windows, vents, overhangs or other wall openings within 5’ of the transformer, on either side, then the transformer MUST be 10’ or more away from the building. These clearances are to be assumed to be clear horizontally 5’ in either direction and vertically to the sky.

SVP21. All existing SVP facilities, onsite or offsite, are to remain unless specifically addressed by SVP personnel by separate document. It is the Developers responsibility to maintain all clearances from equipment and easements. Developer to contact SVP outside of the PCC process for clear definitions of these clearance requirements. Developer should not assume that SVP will be removing any existing facilities without detailed design drawings from SVP indicating potential removals. Simply indicating that SVP facilities are to be removed or relocated on conceptual plans does not imply that this action has been approved by SVP.

SVP22. SVP does not utilize any sub-surface (below grade) devices in its system. This includes transformers, switches, etc.

SVP23. All interior meter rooms at ground level are to have direct, outside access through only ONE door.

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

SVP24. High Rise Metering and Multi-Floor Infrastructure Requirements a. Refer to UG0250 – High Density Residential Metering Requirements b. Refer to FO-1901 – Fiber Optic Splicing and Testing Methods SVP25. In the case of podium-style construction, all SVP facilities and conduit systems must be located on solid ground (aka “real dirt”), and cannot be supported on parking garage ceilings or placed on top of structures.

SVP26. Applicant is advised to contact SVP (CSC Electric Department) to obtain specific design and utility requirements that are required for building permit review/approval submittal. Please provide a site plan to Leonard Buttitta at 408-615-6620 to facilitate plan review.

SVP27. In events where electric load demand exceeds 2MVA or service size exceeds 4000 Amps at 480V for a building, the Customer shall take service at 12KV. If electric load for a single metered location service exceeds 4.5MVA, additional 12KV service(s) may be provided. All 12KV utility connection points terminate at the Customer Switchgear. UGEE easement up to the Customer Switchgear is required, along with an 18’ drivable space. 10’ working clearance is required in front of and behind the switchgear. 5’ working clearance is required on the sides of the switchgear (with no panels). Customer 12KV Switchgear must be located outdoors on “real dirt” unless otherwise agreed upon with SVP. SVP owns and maintains the cable/conduit up to the customer switchgear.

SVP28. In events where electric service is provided at 120/208V or 277/480V the utility connection point is at the secondary compartment of SVP transformers. Customer owns and maintains the cable and conduits up to the SVP transformers.

SVP29. No cross-parcel distribution is allowed. SVP service points must be within the parcels that they serve.

WATER & SEWER
W1. Recycled Water Use: Pursuant to Chapter 13.15, Water, Article IV. Regulation of Recycled Water Service and Use, of the Municipal Code, the project is required to use recycled water for all non -potable uses where recycled water is made available and where provided for by Recycled Water regulations. This project is required to extend and connect to the City’s existing Recycled Water System.

W2. Recycled Water Design: Each Recycled Water land use (irrigation, dual-plumbing, cooling system, industrial processes, etc.) shall have a separate metered service connection to the main. Applicant ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 17 shall verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

W3. On-site Recycled Water Construction: Construction and installation of all on-site recycled water system equipment shall not begin until the Compliance Division of Water and Sewer Utilities has approved the on-site recycled water design. Please note on-site designs are generally not the same as the Building Permit plans. On-site recycled water plans require SBWR and California State Water Resources Control Board, Division of Drinking Water signatures for final approval.

W4. On-site Recycled Water Inspection: Inspections are required at all on-site recycled water systems being installed prior to backfilling trenches or cover in walls and ceilings. Request a recycled water inspection by email [email protected] or call (408) 615-2002. Please provide the site location, SBWR project ID, and date and time preferences. These inspections are in addition to the Building Permit inspections.
a. Need to verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

W5. Potable Water Main: The applicant shall replace the existing AC water main on Lafayette Street with a new 12” DIP water main. The water main replacement shall begin and end at a valve connection and shall extend, at a minimum, the entire length of the property's frontage or as determined by the Development Impact Analysis.

W6. Recycled Water Main: The project shall install a new 8" DIP recycled water main extending from the point of connection on Lafayette Street near the intersection of Calle De Luna to the northern property line of the project site.

W7. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.

W8. Utility Design Plans: Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details.

Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12” minimum vertical clearance is maintained.

W9. Utility Separations: Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W10. Separate Services: Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on ________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 18 existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W11. City Standard Meters and Backflows: All meters and backflows for all water services (new and existing) shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W12. Existing Services: The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If existing services will be used, all existing meters and backflow devices shall be upgraded to meet current City standards. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.

W13. On-Site Storm Drain Treatment: Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.

W14. Water Usage: Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).

W15. Landscaping: All the landscaping for the project shall comply with the California Water Conservation in Landscaping Act, Government Code Section 65591 et. seq. All plants shall be California native, non- invasive, low water-using or moderate water-using. High water-using plants and nonfunctional turf are prohibited.

W16. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features may be permanently connected to the City’s recycled water supply.

W17. Easements: Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

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

W18. Underground Fire Permit: Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000.

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

W19. Record Drawings: Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.

W20. Water Shortage Response Actions: Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.
________________________________________________________________________________ 5185 Lafayette Street – Architectural Review
Conditions of Approval Page 19 Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
a. prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control.
b. restrict the use of potable water used for construction and dust control if recycled water is available.

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

SAN JOSE AIRPORT PLANNING AND DEVELOPMENT
A1. The 04/07/2023 plan set identifies a proposed maximum building height (top of mech. screen) of 249 feet above ground level (AGL) / 259 feet above mean sea level (AMSL). Federal regulations applicable to this project site require that any proposed structure higher than approximately 170 feet AGL / 180 feet AMSL must be submitted to the FAA for airspace safety review via applicant filings of a “Notice of Proposed Construction or Alteration” (FAA Form 7460-1).
• The Airport recommends that the applicant file Form 7460 -1 notices with the FAA for each roof - top corner and the top point of the structure (if not coincident with a roof-top corner). The location and elevation data on the forms should be prepared by a licensed civil engineer or surveyor at a “1-A” accuracy standard using NAD83 latitude/longitude coordinates out to hundredths of seconds and NAVD88 elevation rounded off to net highest foot.
• In conformance with Santa Clara General Plan policy (5.10.5 -P33), FAA “Determinations of No Hazard” should be issued prior to PLN23-00216 approval, with any conditions set forth in the FAA determinations, such as roof -top obstruction lighting or construction -related notifications, incorporated into PLN23-00216 as permit conditions of approval.

A2. If the proposed project is approved, permit conditions of approval to be fulfilled prior to issuance of a building permit would include property owner dedication of an Avigation Easement (City of Santa Clara General Plan policy 5.10.5 -P32) to the City of San Jose, as this project is in the Santa Clara County Airport Land Use Commission, Airport Influence Area (AIA).

A3. Federal regulations applicable to this project require that any proposed temporary structure (construction cranes or similar) must also be submitted to the FAA for airspace safety review via applicant filings of a “Notice of Proposed Construction or Alteration” (FAA Form 7460-1).

A4. For any staff or applicant questions regarding the above comments contact San Jose Airport Planning & Development: Ryan Sheelen, at 408 -392-1193, [email protected] or Joh n Wilson at 408 -392-1136, [email protected].

5185 Lafayette Street (Parcel 11) Project 1 Addendum to Tasman East FEIR City of Santa Clara October 2023

ADDENDUM TO THE TASMAN EAST SPECIFIC PLAN

FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
5185 LAFAYETTE STREET (PARCEL 11) PROJECT

October 2023

1.1 PURPOSE OF ADDENDUM
The California Environmental Quality Act (CEQA) recognizes that between the date an environmental document is certified and the date the project is fully implemented, one or more of the following changes may occur: 1) the project may change; 2) the environmental setting in which the project is located may change; 3) laws, regulations, or policies may change in ways that impact the environment; and/or 4) previously unknown information can arise. Before proceeding with a project, CEQA requires the Lead Agency to evaluate these changes to determine whether or not they affect the conclusions in the environmental document.

On September 13, 2018, the City of Santa Clara certified the Tasman East Specific Plan Final Environmental Impact Report (TESP FEIR) and approved the Tasman East Specific Plan (TESP) project. The TESP was envisioned by the City to create a Transit-Oriented Development Mixed-Use Neighborhood. The TESP supports existing and planned land uses in the project area. The FEIR analyzed the development of up to 4,500 dwelling units, approximately 106,000 square feet of retail space (including a 25,000 square foot grocery store) and a 600-student school in the City of Santa Clara.

The intent and purpose of the TESP FEIR was to provide program-level environmental review for the TESP. This addendum tiers from the TESP FEIR and provides site-specific analysis for the proposed project and assesses consistency of the project with the TESP.

CEQA Guidelines Section 15162 states that when an Environmental Impact Report (EIR) has been certified or a Negative Declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the Lead Agency determined, on the basis of substantial evidence in light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted, shows any of the following:

5185 Lafayette Street (Parcel 11) Project 2 Addendum to Tasman East FEIR City of Santa Clara October 2023
a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

CEQA Guidelines Section 15164 states that the Lead Agency (City of Santa Clara) or a Responsible Agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 (see above) calling for preparation of a subsequent EIR have occurred.

This addendum analyzes the 5185 Lafayette Street (Parcel 11) Project under Section 15162. The proposed project would redevelop approximately 0.90 acres located within the western portion of the TESP area which is currently developed with one light industrial building (approximately 13,720 square feet) and associated surface parking lot. The project would construct a 21-story, residential building with up to 198 residential units and approximately 3,008 square feet of retail.1

Based on the proposed project description and knowledge of the project site (based on the environmental review prepared for the TESP FEIR), the City has concluded that the proposed project would not result in any new impacts not previously disclosed in the TESP FEIR and would not result in a substantial increase in the magnitude of any significant environmental impacts previously identified in the FEIR. For these reasons, an addendum to the TESP FEIR has been prepared for the proposed project.

This addendum will not circulate for public review, but will be attached to the TESP FEIR, pursuant to CEQA Guidelines Section 15164(c).

A copy of the TESP FEIR is available in the City of Santa Clara at 1500 Warburton Avenue, during normal business hours, or on the City’s website at www.santaclaraca.gov.

1 Retail is shown on the ground floor of the plan set. Per the project applicant, the space would be either retail or a private club for residents. For the purposes of this analysis, it is assumed that retail is proposed. 5185 Lafayette Street (Parcel 11) Project 3 Addendum to Tasman East FEIR City of Santa Clara October 2023
SECTION 2.0 PROJECT DESCRIPTION

2.1 PROJECT OVERVIEW
The project would redevelop approximately 0.9 acres [Assessor’s Parcel Numbers (APN) 097-46- 011)] along the central western portion of the TESP area. The TESP area is approximately 46.0 acres of land within the City of Santa Clara that was originally comprised of approximately 708,000 square feet of light industrial/commercial/office space in an existing industrial area. The TESP area is bounded by the former Santa Clara Golf & Tennis Club to the north, the Guadalupe River to the east, Tasman Drive to the south, and Lafayette Street to the west. Please refer to Figure 2.1-1 for an aerial photograph of the project site and surrounding land uses.

2.2 PROPOSED PROJECT

2.2.1 Proposed Development
The project site is developed with an approximately 13,720-square foot light industrial building and associated surface parking lot on the western side of the TESP area. As proposed, the project would demolish the existing building and construct a 21-story, residential building as described below.

Please refer to Figures 2.2-1 to 2.2-3 for the site plan and elevations.

The proposed building would consist of 198 residential units with approximately 3,008 square feet of ground floor retail2 and would have a residential density of 220 dwelling units per acre (du/ac).3 The proposed building would be a maximum height of 219 feet to the roofline. Parking would be provided within two levels of below-grade parking and within the building on floors two to five. A small number of residential units would also be located on floors two to five. Floors six to 21 would consist of residential units ranging from nine units to 13 units.

The project would provide up to 8,264 square feet of usable open space. A gateway plaza and covered patio and dining area are proposed on the ground floor and an outdoor fitness area and yoga patio are proposed on the sixth floor. Amenities proposed on the 21st floor would include a pool and spa, cabanas, BBQ area, entertainment room, and dining terrace. In addition, each residential unit would include a balcony/patio.

Currently, the project site can be accessed via two driveways (one along Lafayette Street and one along Calle De Luna) which would be retained. A total of 310 vehicular parking spaces and 110 bicycle parking spaces are proposed.

2.2.2 Green Building Measures
The proposed project would be required to be built in accordance to the California Green Building Standards Code (CALGreen), which includes design provisions intended to minimize wasteful energy consumption, and the City’s Reach Code. The project is required to achieve the minimum Leadership in Energy and Environmental Design (LEED) certification or equivalent, such as Build It Green.
2 Retail is shown on the ground floor of the plan set. Per the project applicant, the space would be either retail or a private club for residents. For the purposes of this analysis, it is assumed that retail is proposed. 3 198 proposed residential units in total / 0.9-acres = 220 du/ac.

Commercial/Light Industrial
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Calle Del Luna
Under Construction
Calle Del Mundo
Calle De LunaLafayette Street
Stars and Stripes Drive
U.P.R.R.

Calle Del Mundo
Calle De LunaLafayette Street
Stars and Stripes Drive
U.P.R.R.

Aerial Source: Google Earth Pro, Dec. 6, 2022. Photo Date: Mar. 2022 0 25 100 150 250 Feet
Project Boundary
AERIAL PHOTOGRAPH AND SURROUNDING LAND USES FIGURE 2.1-1 5185 Lafayette Street (Parcel 11) Project
City of Santa Clara
4 Addendum to Tasman East FEIR
October 2023
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Addendum to Tasman East FEIR
October 2023
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ELEVATIONS – SOUTH & NORTH FIGURE 2.2-2
5185 Lafayette Street (Parcel 11) Project
City of Santa Clara
6 Addendum to Tasman East FEIR
October 2023
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5185 Lafayette Street (Parcel 11) Project
City of Santa Clara
7 Addendum to Tasman East FEIR
October 2023
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5185 Lafayette Street (Parcel 11) Project 8 Addendum to Tasman East FEIR City of Santa Clara October 2023
As proposed, the project would include the following green building design features:
• Stormwater treatment on-site
• Provide 110 bicycle parking spaces on-site
• Provide unbundled parking and a rideshare area on-site • Utilize materials on the roof and all hardscape areas that would reduce the heat island effect • Provide thermal comfort controls for all residential units • Sixty-five percent construction and demolition waste management, consistent with the City of Santa Clara Construction & Demolition Debris Recycling Program • Energy Star appliances

2.2.3 Transportation Demand Management Plan
Transportation Demand Management (TDM) programs are intended to reduce vehicle trips and parking demand by promoting the use of multimodal transportation options. As discussed in the TESP FEIR, the City’s Climate Action Plan (CAP) requires that all residential development within the TESP develop and implement a plan for a minimum 20 percent reduction in Vehicle Miles Traveled (VMT) with a minimum of 10 percent being achieved through a TDM Plan. Consistent with this mandate, the project would include the following TDM Measures.

Table 2.2-1: Required/Proposed TDM Measures
Required TESP Measures
Limited parking supply; dedicated electric-vehicle (EV) parking Unbundled residential parking
Participation in the Tasman East Transportation Coordination Group (TETCG); includes transit passes, bikeshare programs, bicycle repair facilities, and commute information/marketing Transportation coordinator; trip monitoring and reporting Bicycle parking and amenities; electric scooter corrals Project-Specific Measures
On-site amenities
Secure bicycle parking
Source: Gomez, Rob. Development Director, Ensemble Real Estate Investments. July 5, 2023.

2.2.4 General Plan and Zoning Designations
The project site has a General Plan land use designation of Transit Neighborhood (100-350 du/ac), which allows multi-family residential uses and supportive commercial and public/quasi-public uses.

This density range is intended to take advantage of proximity to transit, offering an urban feel, including a positive public realm within a right-of-way accommodating all modes of transportation.

Building forms are typically mid- to high-rise buildings featuring structured or below-grade parking, as well as shared outdoor space. Under the TESP, all sites of one acre or more in size are required to accommodate a minimum density of 100 du/ac. Each parcel of less than one acre in size is required to accommodate a minimum of 60 du/ac.

The site is zoned Transit Neighborhood (TN), which allows for development of a high-density residential neighborhood with a mix of uses at the ground floor. Consistent with the General Plan

5185 Lafayette Street (Parcel 11) Project 9 Addendum to Tasman East FEIR City of Santa Clara October 2023
designation described above, residential densities within the TN zoning district would range from a minimum of 60 du/ac on sites less than one acre in size to a minimum of 100 du/ac for sites of one acre or larger in size with no maximum density for individual parcels, all the while maintaining an overall unit cap of 4,500 units for the entire TESP area.

The proposed residential development would have a density of 220 du/ac, consistent with the Transit Neighborhood General Plan and zoning designations. The addition of 198 residential units would not exceed the TESP unit cap of 4,500 units.

5185 Lafayette Street (Parcel 11) Project 10 Addendum to Tasman East FEIR City of Santa Clara October 2023
SECTION 3.0 ENVIRONMENTAL IMPACTS OF THE PROPOSED

PROJECT
The discussion below describes the environmental impacts of the proposed project compared to the impacts of the approved TESP FEIR. Also noted are any changes that have occurred in the environmental setting that would result in new impacts or impacts of greater severity than those identified in the previously certified FEIR. This Addendum only addresses those resource areas which could potentially have new impacts or impacts of greater severity (specific to the project site) than were addressed in the TESP FEIR. Based on the project’s consistency with the development assumptions and General Plan and zoning designations, the proposed project would have the same impacts with regard to the following environmental issues:

• Aesthetics • Mineral Resources
• Agricultural Resources • Population and Housing
• Cultural Resources/Tribal Cultural Resources • Public Services • Energy • Recreation
• Geology and Soils • Transportation/Traffic
• Greenhouse Gas Emissions • Utilities and Service Systems • Land Use and Planning

All relevant best management practices, conditions of approval, and mitigation measures identified in the TESP FEIR for these resource areas are incorporated by reference and would be required by the project.

The proposed project includes the construction of a 21-story, residential building with up to 198 residential units and approximately 3,008 square feet of ground floor retail. This Addendum analyzes the impacts of the proposed project and consistency with the TESP FEIR regarding the following environmental issues:

• Air Quality • Hydrology and Water Quality
• Biological Resources • Noise and Vibration
• Hazards and Hazardous Materials

5185 Lafayette Street (Parcel 11) Project 11 Addendum to Tasman East FEIR City of Santa Clara October 2023

3.1 EXISTING SETTING
The project site and area consist of light industrial, commercial, and new residential buildings in the City of Santa Clara. The project site is bounded by Lafayette Street to the west, light industrial buildings to the north and east, and Calle De Luna and a site, located at 2300 Calle De Luna, that is currently under construction to the south. Since approval of the TESP project in 2018, there are currently three residential projects (e.g., 2343 Calle Del Mundo, 2300 Calle De Luna, and 5123 Calle Del Sol) within the TESP area that are currently under construction. In addition, the 2233 Calle Del Mundo Residential Project, File No. PLN2018-13446, is currently built and units are being leased.

3.2 AIR QUALITY
The following analysis addresses the potential air quality impacts that would result from construction and operation of the proposed project.

3.2.1 Findings of the Previously Certified FEIR
Construction Emissions
Construction activities from full build out of the TESP may generate dust and other particulate matter (PM10 and PM2.5) that could temporarily impact nearby land uses, particularly sensitive receptors. In addition, construction equipment and associated heavy-duty truck traffic would generate diesel exhaust, a known toxic air contaminant (TAC) which would pose a community risk to nearby sensitive receptors. The primary community risk impact issues associated with construction emissions are cancer risk and exposure to fine particulate matter (PM2.5).

Construction exhaust emissions include those from equipment (i.e., off-road) and traffic (on-road vehicles and trucks). Off-road construction equipment is often diesel-powered and can be a substantial source of nitrogen oxide (NOX) emissions, in addition to PM10 and PM2.5 emissions.

Architectural coatings and application of asphalt pavement are dominant sources of reactive organic gas (ROG) emissions. The combination of temporary dust from activities and diesel exhaust from construction equipment and related traffic may exceed Bay Area Air Quality Management District’s (BAAQMD’s) project-level thresholds on a project-by-project basis. Additionally, NOX emissions during grading and soil import/export may exceed the BAAQMD NOX emission thresholds. The TESP FEIR identified the following air quality impact.

Impact AQ-1: The project would result in significant construction air pollutant emissions due to dust generation and emissions of TACs and criteria pollutants during construction.

The following mitigation measures were included in the approved project to control dust and reduce construction TAC and criteria pollutant emissions during construction:

MM AQ-1.1: During any construction period ground disturbance, the applicant shall ensure that the project contractor implements the following BAAQMD BMPs:

3.2.1.1 5185 Lafayette Street (Parcel 11) Project 12 Addendum to Tasman East FEIR City of Santa Clara October 2023
• 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 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 AQ-1.2: Construction criteria pollutant and TAC quantification will be required on a project-level basis for individual development projects once those details are available through modeling to identify impacts and, if necessary, include measures to reduce emissions. The analysis must be submitted for City review and approval, once complete. Health risks from construction TACs shall be reduced below 10 in one million excess cancer cases, a hazard index of 1.0, and PM2.5 emissions of 0.3 µg/m3. Criteria pollutant emissions shall not exceed BAAQMD construction criteria pollutant emissions thresholds.

Reduction in emissions can be accomplished through, though 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 compound paints;
• Modify construction schedule; and

5185 Lafayette Street (Parcel 11) Project 13 Addendum to Tasman East FEIR City of Santa Clara October 2023
• Implementation of BAAQMD Basic and/or Additional Construction mitigation measures for control of fugitive dust.

Implementation of mitigation measures AQ-1.1 and AQ-1.2 would ensure that construction emissions impacts from individual development projects under the TESP would be reduced to a less than significant level.

Operational Emissions
The TESP FEIR concluded that full build out of the TESP would result in long-term area and mobile source emissions from operation of subsequent development. Build out of the TESP would exceed the BAAQMD significance thresholds for ROGs and NOx. The TESP FEIR identified the following air quality impact.

Impact AQ-2: The operation of the project would result in significant operational ROG and NOx emissions thereby contributing to regional ozone impacts.

The following mitigation measures were included in the approved project to reduce operational ROG and NOx emissions impacts:

MM AQ-2.1: Proposed residential development within the TESP shall implement TDM programs to reduce residential vehicle miles traveled as required by the City’s Climate Action Plan. The TDM programs would be reviewed and approved by the Community Development Director prior to issuance of building permits. An annual TDM monitoring report shall be submitted to the Community Development Director to document each development is meeting the required TDM program reductions.

MM AQ-2.2: Proposed development within the TESP shall incorporate additional green building measures such as rooftop solar photovoltaic (PV) systems, rough-ins for electric vehicle charging, use of efficient lighting and irrigation, and recycled water, as feasible, to the satisfaction of the Community Development Director.

MM AQ-2.3: Developed parcels shall require within their covenants, conditions, and restrictions (CC&Rs) and/or ground leases requirements for all future interior spaces to be repainted only with architectural coatings that meet the “Low- VOC” or “Super-Compliant” requirements. “Low-VOC” refers to paints that meet the more stringent regulatory limits in South Coast AQMD Rule 1113; however, many manufacturers have reformulated to levels well below these limits. These are referred to as “Super-Compliant” Architectural Coatings.

Even with implementation of the identified mitigation measures, operational ROG and NOx emissions from operation of the project would remain significant and unavoidable.

3.2.1.2 5185 Lafayette Street (Parcel 11) Project 14 Addendum to Tasman East FEIR City of Santa Clara October 2023
Toxic Air Contaminants
CEQA does not address the effects of existing environmental conditions on a project. Nevertheless, the City of Santa Clara addressed the effect of existing local emission sources on future residents in the TESP area as a planning consideration.

The TESP FEIR identified three sources of TACs and PM2.5 emissions. The Union Pacific Railroad (UPRR), Lafayette Street, and Tasman Drive would affect the western portion of the site, within 270 feet of the rail line, and the southern portion of the site, within 110 feet of the Tasman Drive edge of travel lane. Any development proposed within the identified affected areas would expose future sensitive receptors on-site to significant cancer risk and/or PM2.5 concentrations. Therefore, the following conditions of approval were included in the approved project.

Conditions of Project Approval:

• Design the site to limit exposure from sources of TACs and fine particulate matter (PM2.5) emissions. The final site layout shall locate operable windows and air intakes as far as possible from the Union Pacific Railroad line/Lafayette Street and Tasman Drive. • To the greatest degree possible, plant vegetation along the project site boundaries with Union Pacific Railroad line/Lafayette Street and Tasman Drive and around outdoor use areas. This barrier would include trees and shrubs that provide a dense vegetative barrier. • Install air filtration at units that have predicted PM2.5 concentrations above 0.3 μg/m3. Air filtration devices shall be rated MERV13 or higher. Alternately, at the approval of the City, equivalent control technology may be used if it is shown by a qualified air quality consultant or heating, ventilation, and air conditioning (HVAC) engineer that it would reduce risk below significance thresholds.
• As part of implementing this measure, an ongoing maintenance plan for the building’s HVAC air filtration system shall be required.
• Ensure that any lease agreements and other property documents (1) require cleaning, maintenance, and monitoring of the affected units for air flow leaks; (2) include assurance that new owners and tenants are provided information on the ventilation system; and (3) include provisions that fees associated with owning or leasing a unit(s) in the building include funds for cleaning, maintenance, monitoring, and replacements of the filters, as needed.
• Require that, prior to building occupancy, an authorized air pollutant consultant or HVAC engineer verify the installation of all necessary measures to reduce cancer risk below 10 chances per million from any source and PM2.5 concentrations above 0.3 μg/m3 for any source and 0.8 μg/m3 for all sources.

3.2.l.3

5185 Lafayette Street (Parcel 11) Project 15 Addendum to Tasman East FEIR City of Santa Clara October 2023

3.2.2 Air Quality Impacts Resulting from the Proposed Project A Construction Air Quality Analysis and Health Risk Assessment was prepared by Illingworth & Rodkin, Inc. in August 2023. A copy of this report is provided in Appendix A of this document.

CEQA Thresholds of Significance
Impacts from the Project

As discussed in CEQA Guidelines Section 15064(b), the determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the Lead Agency and must be based to the extent possible on scientific and factual data. The City of Santa Clara has carefully considered the thresholds updated by BAAQMD in April 2023 and regards these thresholds to be based on the best information available for the San Francisco Bay Area Air Basin and conservative in terms of the assessment of health effects associated with TACs and PM2.5. The City has also applied these thresholds consistently across its environmental documents. The BAAQMD CEQA Air Quality thresholds for criteria air pollutants and fugitive dust used in this analysis are identified in Table 3.2-1. Table 3.2-2 below lists the BAAQMD health risk and hazards thresholds for single-source and cumulative-sources.

Table 3.2-1: BAAQMD Air Quality Significance Thresholds Criteria Air
Pollutant
Construction Operation-Related
Average
Daily
Emissions
(pounds/day)
Average
Daily Emissions
(pounds/day)
Maximum
Annual Emissions
(tons/year)
ROG and NOx 54 54 10
PM10 82
(exhaust) 82 15
PM2.5 54
(exhaust) 54 10
CO Not
Applicable 9.0 ppm (eight-hour) or 20.0 ppm (one-hour)
Fugitive Dust BMPs Not Applicable
Notes: ROG = reactive organic gases, NOx = nitrogen oxide, PM10 = course particulate matter or particulates with a diameter of 10 micrometers (μm) or less, PM2.5 = fine particulate matter or particulates with a diameter of 2.5μm or less, CO = carbon monoxide.

Source: Bay Area Air Quality Management District. 2022 CEQA Air Quality Guidelines. April 2023.

Table 3.2-2: BAAQMD Health Risk and Hazards Thresholds
Health Risk Single Source Combined Cumulative Sources
Cancer Risk 10 per one million 100 per one million
Non-Cancer Hazard Index 1.0 10.0
Annual PM2.5 Concentration 0.3 µg/m3 0.8 µg/m3
Notes: µg/m3 = micrograms per cubic meter, PM2.5= fine particulate matter or particulates with a diameter of 2.5 micrometers or less.

Source: Bay Area Air Quality Management District. 2022 CEQA Air Quality Guidelines. April 2023.

3.2.2.1 5185 Lafayette Street (Parcel 11) Project 16 Addendum to Tasman East FEIR City of Santa Clara October 2023
Construction Period Emissions – Criteria Pollutants
Construction period criteria pollutants were estimated using the California Emissions Estimator Model (CalEEMod) Version 2022. The proposed land uses were input into CalEEMod, which included 198 dwelling units and 192,702 square feet4 entered as “Apartments High-Rise,” and 310 parking spaces entered as Enclosed Parking with Elevator.” In addition, it was assumed that construction of the project would begin in August 2024 for 34 months, or 741 construction workdays.

Table 3.2-4 below shows the average daily emissions from criteria pollutants during the construction period. The model, assumptions, and results are described further in Appendix A of this document.

Table 3.2-3: Construction Period Criteria Pollutant Emissions Year ROG NOx PM10 PM2.5
Construction Emissions (tons)
2024 0.02 0.37 0.01 0.01
2025 0.16 1.05 0.03 0.03
2026 1.06 0.75 0.02 0.02
2027 0.43 0.21 <0.01 <0.01
Average Daily Construction Emissions (pounds/day)
2024 (109 construction workdays) 0.43 6.72 0.20 0.17
2025 (261 construction workdays) 1.25 8.07 0.24 0.22
2026 (261 construction workdays) 8.13 5.74 0.13 0.12
2027 (109 construction workdays) 7.86 3.86 0.07 0.06
BAAQMD Thresholds (pounds per day) 54 54 82 54
Exceed Threshold? No No No No

As shown in the table above, construction period criteria pollutant emissions associated with the proposed project would not exceed the BAAQMD significance thresholds. Therefore, the project would not result in a significant impact from construction emissions. All projects proposed under the TESP would be required to comply with mitigation measure AQ-1.1 which includes Best Management Practices (BMPs) to reduce fugitive dust from construction activities. In addition to those BMPs, the project would be required to comply with the following measures, which are consistent with the latest BAAQMD BMPs, as a conditions of project approval.

Conditions of Project Approval:

• All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph.
• All trucks and equipment, including their tires, shall be washed off prior to leaving the site. • Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a six- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.

4 Retail is shown on the ground floor of the plan set. Per the project applicant, the space would be either retail or a private club for residents. Because the 3,008-square feet of retail or private club was accounted for in the total residential square footage, the construction emission estimates would not change regardless of the use.

3.2.2.2 5185 Lafayette Street (Parcel 11) Project 17 Addendum to Tasman East FEIR City of Santa Clara October 2023
With implementation of AQ-1.1 and the additional BMPs, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified construction criteria pollutant air quality impacts.

Construction – Community Risk Impacts
Construction equipment and associated heavy-duty truck traffic generates diesel exhaust, a known TAC. A community health risk assessment was prepared to evaluate the potential health effects of sensitive receptors at the nearby residences from diesel particulate matter (DPM) and PM2.5.

Construction emissions from the off-road construction equipment and exhaust emissions from on- road vehicles were modeled using CalEEMod. The U.S. Environmental Protection Agency (EPA) American Meteorological Society/Environmental Protection Agency Regulatory Model (AERMOD) was used to predict DPM and PM2.5 concentrations at existing sensitive receptors in the vicinity of the project site. The model, assumptions, and results are described further in Appendix A.

The maximum-exposed individual (MEI) would be located on the third floor of a multi-family development that is currently under construction at 2300 Calle Del Luna, circled in red as shown in Figure 3.2-1 below. Since the development is still under construction, it is estimated that the MEI would be exposed to maximum cancer risk in 2025.

Figure 3.2-1: Location of Sensitive Receptors

3.2.2.3 • MEI
1st F loor Recep tors
2nd Floor Receptors
3rd & 4th Floor
Recep tors
o DPM Point Sources
□

5185 Lafayette Street (Parcel 11) Project 18 Addendum to Tasman East FEIR City of Santa Clara October 2023
The following table provides a summary of the maximum health risk impacts from project construction.

Table 3.2-4: Construction Risk Impacts at Construction MEI Source Cancer Risk
(per million)
Annual PM2.5
(μg/m3)
Hazard
Index
Project Construction - Unmitigated 30.23 (infant) 0.13 0.02 BAAQMD Single-Source Threshold >10.0 >0.3 >1.0
Exceed Threshold? Unmitigated Yes No No

As shown above, the cancer risk would exceed BAAQMD’s significance threshold of 10 cases per million for cancer risk without mitigation. The PM2.5 concentration and hazard index (HI) would not exceed BAAQMD’s significance threshold. Per mitigation measure AQ-1.2 of the TESP FEIR, project-level construction TAC assessments are required for individual projects proposed under the TESP and, if necessary, measures to reduce emissions shall also be included to reduce emissions below BAAQMD thresholds.

In order to address the significant impact caused by the risk of excess cancer cases and to further reduce emissions using “construction equipment selection for low emissions,” the proposed project shall be subject to the following condition of project approval.

Conditions of Project Approval:

• Prior to the issuance of any demolition, grading, or building permits (whichever occurs earliest), the project applicant shall submit a construction operations plan to the Director of Community Development demonstrating that the off-road equipment used for construction of the project would achieve a fleet-wide average of at least 70 percent reduction in DPM exhaust emissions. To achieve this reduction the construction plan would include the following:
o All construction equipment larger than 25 horsepower, operating on-site for more than two days continuously or 20 hours total shall meet U.S. Environmental Protection Agency (EPA) particulate matter emissions standards for Tier 3 engines with the inclusion of particulate matter emissions control equivalent to California Air Resources Board (CARB)-certified Level 3 diesel emission control devices that achieve a 70 percent reduction in particulate matter exhaust in comparison to uncontrolled equipment or equivalent.
o Electrical power lines shall be installed during early construction phases to avoid use of diesel generators, or
o As an alternative to the measures above, the project applicant could request a plan from a qualified air quality specialist demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by 70 percent or greater. Such a plan shall be reviewed and approved by the Director of Community Development prior to construction. Elements of the plan could include a combination of the following measures.
▪ Implementation of the first bullet (use of Tier 4 or alternatively fueled equipment),

5185 Lafayette Street (Parcel 11) Project 19 Addendum to Tasman East FEIR City of Santa Clara October 2023
▪ Implementation of the second bullet (installation of electrical power lines), ▪ Use of electrically-powered equipment,
▪ Forklifts and aerial lifts for exterior and interior building construction shall be electric or propane/natural gas powered,
▪ Change in construction build out plans to lengthen phases, and ▪ Implementation of different building techniques that result in less diesel equipment usage.

With implementation of mitigation measures AQ-1.1 and AQ-1.2 from the TESP FEIR and the conditions of project approval listed above, the cancer risk would be reduced to 5.05 cases per million for infant exposure, which is below the BAAQMD significance threshold of 10 cases per million. As a result, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified impact.

Operational Emissions – Criteria Pollutants
Based on the conclusions of the TESP FEIR, all residential development proposed would be required to implement a TDM program and incorporate green building measures into the project. Consistent with mitigation measure AQ-2.1 identified in the TESP FEIR, the proposed project includes project- specific TDM measures to reduce residential VMT as required by the City’s CAP. The CAP requires a minimum 20 percent reduction in VMT with a minimum 10 percent being achieved through a TDM plan. The TDM program shall be reviewed and approved by the Community Development Director prior to issuance of building permits.

The project applicant proposes the following TDM measures as shown in Table 3.2-5 below.

Table 3.2-5: Required/Proposed TDM Measures
Required TESP Measures
Limited parking supply; dedicated EV parking
Unbundled residential parking
Participation in the Tasman East Transportation Coordination Group (TETCG); includes transit passes, bikeshare programs, bicycle repair facilities, and commute information/marketing Transportation coordinator; trip monitoring and reporting Bicycle parking and amenities; electric scooter corrals Project-Specific Measures
On-site amenities
Secure bicycle parking
Source: Gomez, Rob. Development Director, Ensemble Real Estate Investments. July 5, 2023.

Additionally, consistent with mitigation measures AQ-2.2 and AQ-2.3 of the TESP FEIR, the project would include the following green building measures.

• Stormwater treatment on-site
• Provide 110 bicycle parking spaces on-site
• Provide unbundled parking and a rideshare area on-site

3.2.2.4 5185 Lafayette Street (Parcel 11) Project 20 Addendum to Tasman East FEIR City of Santa Clara October 2023
• Utilize materials on the roof and all hardscape areas that would reduce the heat island effect • Provide thermal comfort controls for all residential units • Sixty-five percent construction and demolition waste management, consistent with the City of Santa Clara Construction & Demolition Debris Recycling Program • Energy Star appliances

With implementation of the TDM program and green building measures, the project would have a less than significant impact on operational ROG and NOx emissions. While full build out of the TESP would have a significant and unavoidable operational criteria pollutant emissions impact, the proposed project is consistent with the development projections in the TESP FEIR and would not result in any new impacts or substantially increase the severity of the previously identified air quality impacts.

Operation – Community Risk Impacts
A 600-kilowatt (kW) emergency diesel generator powered by an 804-horsepower (HP) engine is proposed at the northeast corner on the ground floor and a 100-hp fire pump is proposed in the basement. The fire pump would be electrically powered and would not produce TAC emissions; therefore, the fire pump is not discussed further.

For the purposes of this analysis, it was assumed that the generator would be operated for testing and maintenance purposes only. The California Air Resources Board (CARB) and BAAQMD requirements limit these engine operations to 50 hours each per year for testing and maintenance.

During testing periods, the engine would typically run for less than one hour. The emissions from operation of the generator were estimated using the CalEEMod model. The AERMOD dispersion model was used to estimate the potential increased cancer risk and PM2.5 impact from operation of the generator and the exposure duration was adjusted to account for the receptors being exposed to construction for the first three years of the 30-year period. Refer to Appendix A for the dispersion modeling adjustments and assumptions. Table 3.2-6 below provides a summary of the construction and operational risk impacts at the off-site MEI and Figure 3.2-1 above shows the location of the generator and off-site receptors.

Table 3.2-6: Construction and Operation Risk Impacts at Off-Site MEI Source Cancer Risk
(per million)
Annual PM2.5
(μg/m3)
Hazard
Index
Project Construction (Years 0-3)
Unmitigated 30.23 (infant) 0.13 0.02
Project Generator (Years 3-30)
Unmitigated 1.14 (child) <0.01 <0.01
Total/Maximum Project Impact (Years 0-30)
Unmitigated 31.37 0.13 0.02
BAAQMD Single-Source Threshold >10.0 >0.3 >1.0
Exceed Threshold? Unmitigated Yes No No

As shown in the table above, the maximum cancer risk for infants from construction and operation of the project (without mitigation) would exceed the BAAQMD significance threshold of 10 cases per

3.2.2.5 5185 Lafayette Street (Parcel 11) Project 21 Addendum to Tasman East FEIR City of Santa Clara October 2023
one million. The annual PM2.5 and HI from construction and operation of the project would not exceed the BAAQMD significance thresholds of 0.3 micrograms per cubic meter (μg/m3) and 1.0, respectively. With implementation of mitigation measures AQ-1.1 and AQ-1.2 from the TESP FEIR and the conditions of project approval listed above, the total maximum cancer risk from construction and operation of the project would be reduced to 5.05 cases per one million. As a result, the proposed project would result in a less than significant operational TAC impact at the off-site MEI and would not result in any new impacts or substantially increase the severity of the previously identified air quality impacts.

Combined Community Risk Impacts at Construction MEI
Community health risk assessments typically look at all sources of TACs (including highways, streets, and stationary sources identified by BAAQMD) within 1,000 feet of a project site. Tasman Drive and Lafayette Street are mobile sources of TACs. The UPRR, approximately 115 feet west of the project site, would generate TAC and PM2.5 emissions from diesel locomotives. Additionally, stationary sources identified in the TESP FEIR that could affect the plan area were also evaluated.

Stationary sources that were deemed to pose no risk or would no longer pose a risk due to removal were not evaluated in the cumulative community risk impact assessment.

Roadway and Rail Line
The cancer risk, PM2.5 concentration, and HI associated with traffic on Tasman Drive and Lafayette Street, as well as rail activity from the UPRR were estimated using BAAQMD raster files.5

Stationary Sources
Two stationary sources, a diesel generator and a metal finishing facility, were identified using BAAQMD’s Permitted Stationary Sources 2021 geographic information system map website.

TESP Cumulative Projects
At the time the Construction Air Quality and Health Risk Assessment was prepared, seven projects were approved and three projects were pending within the TESP area including:

Approved Projects
• 2343 Calle Del Mundo
• 5123 Calle Del Sol
• 2200 Calle De Luna
• 2225 Calle De Luna/2232 Calle Del Mundo
• 2300 Calle De Luna
• 2233 Calle Del Mundo6
• 2302/2310 Calle Del Mundo

5 The BAAQMD raster files provide screening-level cancer risk, PM2.5 concentrations, and HI for roadways and rail lines within the Bay Area.
6 Note that the approved project located at 2233 Calle Del Mundo is now fully constructed and operational. This would lessen the cumulative impact and would not change the conclusions of the analysis.

3.2.2.6 5185 Lafayette Street (Parcel 11) Project 22 Addendum to Tasman East FEIR City of Santa Clara October 2023
Pending Projects
• 2263 Calle Del Mundo
• 2101 Tasman Drive7
• 2354 Calle Del Mundo

While construction of these projects could be completed while project construction occurs, the cumulative impacts from these projects on the MEI were included to provide a conservative estimate of health risks (refer to Appendix A for more information). Figure 3.2-2 below shows the project site (outlined in blue), nearby sources of TACs, and the approved/pending TESP projects. Any project located outside the 1,000-foot influence area (outside the yellow circle) were not included in the cumulative analysis. Table 3.2-7 summarizes the TAC sources near the project site.

Figure 3.2-2: Project Site and Nearby Sources of TACs

7 This project was approved recently in June 2023. While this project is approved, it was not included in the cumulative analysis because it is located outside the 1,000-foot influence area.

UPRR Ra l Line
Stationary
..n.. Approved TESP
v Projects
◊ Pend ng TESP Pr0jecls
c:] Project Site
1,000-ft Influence Area

5185 Lafayette Street (Parcel 11) Project 23 Addendum to Tasman East FEIR City of Santa Clara October 2023
Table 3.2-7: Stationary and Mobile Sources Community Risk Levels Source
Maximum
Cancer Risk
(per million)
Maximum
Annual PM2.5
Concentration
(μg/m3)
Maximum
Hazard
Index
Project Construction
Unmitigated

31.37 (infant)

0.13 0.02
Tasman Drive and Lafayette Street 13.17 0.21 0.04
UPRR Line 12.91 0.02 <0.01
EPZ, Inc. (Facility ID#23330, Metal Finishing) at
790 feet <0.01 <0.01 --
RS Alameda, LLC. (Facility ID#20241, Generator)
at 250 feet 1.39 <0.01 <0.01
TESP Cumulative Projects* 24.80 0.17 0.04
Combined Total
Unmitigated

<83.65

<0.55

<0.12
BAAQMD Threshold – Combined Sources >100 >0.8 >10.0
Threshold Exceeded? Unmitigated No No No
Note: * Estimated from the sum of readily available health risk assessments for each TESP project.

As shown above, the project (without mitigation included) combined with other nearby sources would be below BAAQMD’s significance threshold for combined sources at the construction MEI, consistent with the findings of the TESP FEIR. The proposed project would not result in any new impacts or substantially increase the severity of the previously identified air quality impacts.

Toxic Air Contaminants – Planning Considerations
Due to the location of the proposed project, future residences would be exposed to an elevated cancer risk and/or PM2.5 concentrations. Based on Figure 3.2-3 below or Figure 3.2-1 of the TESP FEIR8, MERV13 (or higher) filters would be required for all areas affected by air pollutant sources as a condition of project approval.

8 City of Santa Clara. Draft Environmental Impact Report Tasman East Specific Plan (SCH #2016122027). July 2018.

3.2.2.7 5185 Lafayette Street (Parcel 11) Project 24 Addendum to Tasman East FEIR City of Santa Clara October 2023

Figure 3.2-3: Residential Areas Requiring MERV13 Filtration

The TESP FEIR concluded that implementation of the condition of project approval would reduce the cancer risk and PM2.5 concentrations below BAAQMD’s significance thresholds for sensitive receptors.

3.3 BIOLOGICAL RESOURCES
The following analysis addresses the potential biological resources impacts that would result from implementation of the proposed project. Specifically, the analysis addresses impacts to birds (bird strikes) and loss of trees.

The project site is classified as developed land with no sensitive habitats or special-status species present. Therefore, implementation of the proposed project would not contribute to any identified impacts to protected habitats and special-status species and no further analysis is required.

4 4 t200
4 -1 1 oo-
4 4 000
4 4Cl!CO
4 -4<i700
i!
:::, 4 l400CO
44ffi00
4 4C400
4 1-10000
ERV13 Fitra1ion

5185 Lafayette Street (Parcel 11) Project 25 Addendum to Tasman East FEIR City of Santa Clara October 2023
Construction impacts on nesting birds would be the same on all project sites within the TESP area.

The TESP FEIR identified mitigation measures required of all projects under the TESP to reduce impacts to nesting birds to less than significant levels. These mitigation measures are incorporated by reference and no further analysis is required.

3.3.1 Findings of the Previously Certified FEIR
Bird Strikes
Based on the approved project, numerous resident and migratory songbirds are known to occur at the Ulistac Natural Area, south of Tasman Drive, and a number of songbirds, waterbirds, and wetland- associated birds also occur along the Guadalupe River. Development proposed within the TESP area would be a maximum height of 220 feet. Some of the birds using habitats within the TESP, Guadalupe River, and Ulistac Natural Area are expected to strike the buildings, resulting in injury or death.

Impact BIO-3: The project proposes structures with lighting, glass windows, building facades, and vegetation which may result in impacts to migrant birds.

Implementation of the following mitigation measures would reduce impacts to the migratory birds to a less than significant level:

MM BIO-3.1: Due to the potential for buildings in the TESP area to result in high numbers of bird collisions, particularly if extensive glass facades are used, all new construction and building additions within the TESP area will implement the following bird-safe building design considerations:

• Reduce the extent of glass on the facades of new buildings and additions to the extent feasible.
• Prohibit visibility of interior landscaped areas behind glass. • No more than 10 percent of the surface area of a building’s total exterior façade shall have untreated glazing between the ground and 60 feet above ground, unless located within 300 feet of the top of bank of the Guadalupe River within such boundary this requirement would extend to the entirety of the structure. Bird-safe glazing treatments may include fritting, netting, permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of glazing or ultraviolet patterns visible to birds. Vertical elements of the window patterns should be at least 0.25 inches wide at a maximum spacing of four inches or have horizontal elements at least 0.125 inches wide at a maximum spacing of two inches. Any remaining untreated glazed areas will be broken up into sections no greater than 24 square feet in size by mullions or bird-safe glazing treatments.
• Avoid free-standing clear glass walls, skywalks, transparent building corners, glass enclosures (e.g., greenhouses) on rooftops, and balconies with unbroken glazed segments 24 square feet and larger where feasible.

3.3.1.1 5185 Lafayette Street (Parcel 11) Project 26 Addendum to Tasman East FEIR City of Santa Clara October 2023
If any such features are included in building designs, all glazing used in any such features will be 100 percent treated.
• Reduce glass at tops of buildings, especially when incorporating a green roof into the building design.
• If a green roof or green wall is incorporated into the building design, no more than 10 percent of the surface area of the building's combined facades within 12 vertical feet above and/or below the green roof or green wall shall have untreated glazing. Any remaining untreated glazed areas will be broken up into sections no greater than 24 square feet in size by mullions or bird-safe glazing treatments.
• Avoid the funneling of flight paths between buildings or trees towards a glazed building façade.
• Landscaping, including planted vegetation and water features, shall be designed to minimize the potential for collisions. For example, vegetation providing particularly valuable resources to birds (such as fruits) will be planted away from buildings with extensive glazing, and vegetation in general will be planted in such a way that it is not clearly reflected in windows. Water features would be located away from building exteriors to reduce the attraction of birds toward glazed facades. • Minimize exterior lighting to the extent feasible, except as needed for safety. All exterior lights shall be directed toward facilities in the Plan Area (e.g., rather than directed upward or outward) and shielded to ensure that light is not directed outward toward the Guadalupe River or Ulistac Natural Area.
• Occupancy sensors or other switch control devices shall be installed on interior lights, with the exception of emergency lights or lights needed for safety purposes. Exterior shades shall also be considered to reduce light pollution. On commercial buildings, these lights shall be programmed to shut off during non-work hours and between 10:00 p.m. and sunrise.

The City may waive or reduce any of the above-listed bird-safe design requirements based on analysis by a qualified biologist indicating that proposed construction will not pose a collision hazard to birds. Such a waiver will generally not be appropriate for façades adjacent to well-vegetated areas, but a waiver may be appropriate, for example, for façades that face developed areas lacking vegetation, water features, or other features that would be particularly attractive to birds.

Mitigation measure BIO-3.1 incorporates bird-safe design elements into future building designs and reduces impacts to birds to the extent feasible. The TESP FEIR determined that with implementation of the identified mitigation measure, future development under the TESP would continue to result in a significant unavoidable avian collision impact.

5185 Lafayette Street (Parcel 11) Project 27 Addendum to Tasman East FEIR City of Santa Clara October 2023
Increased Lighting

Build out of the TESP would increase lighting compared to existing conditions. Wildlife species using the Guadalupe River and/or Ulistac Natural Area would be subject to increased predation, decreased habitat availability, and alterations of physiological processes if development under the TESP were to produce greater illuminance than the existing conditions.

Impact BIO-4: Increased artificial lighting may adversely impact bird species by increasing predation, decreasing habitat availability, and altering physiological processes.

The following mitigation measure would minimize lighting impacts on birds to a less than significant level:

MM BIO-4.1: To the extent consistent with the normal and expected operations of commercial and/or residential uses under the TESP, take appropriate measures to avoid use of unnecessary lighting at night, especially during the bird migration season (February through May and August through November). Such measures may include the installation of motion-sensor lighting, automatic light shut-off mechanisms, downward-facing exterior light fixtures, and others. Exterior lighting within the Specific Plan area will be shielded as needed to block illumination from shining upward, or outward into the Guadalupe River to the east or Ulistac Natural Area to the south.

Lighting plans for each development site shall be reviewed and approved by the Community Development Director prior to the issuance of building permits.

Based on the TESP FEIR, implementation of the identified mitigation measure would minimize lighting and reduce lighting impacts to a less than significant level.

Trees
Implementation of the TESP would result in the removal of numerous trees within the TESP area.

Existing trees throughout the TESP area include a mixture of non-native or not naturally-occurring, planted, ornamental species including eucalyptus, acacias, and London planes. The General Plan requires replacement of trees removed as part of a proposed development project.

The TESP FEIR concluded that removal of trees within the TESP area would not have a significant impact on wildlife because the trees are mostly landscape and non-native species that are not regionally limited. Given the substantial number of trees that would be removed by development proposed under the TESP, impacts to mature trees from future development under the TESP would result in a significant impact.

Impact BIO-10: Tree removal from redevelopment of individual parcels under the Specific Plan would result in a significant impact to mature trees.

The following mitigation measures were included in the approved project to reduce impacts from tree removal.

3.3.1.2 3.3.1.3

5185 Lafayette Street (Parcel 11) Project 28 Addendum to Tasman East FEIR City of Santa Clara October 2023
MM BIO-10.1: Projects proposing or required to retain trees on-site shall implement precautionary measures during site construction to limit adverse environmental effects on ordinance-protected trees 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.

MM BIO-10.2: Project proponents under the TESP will comply with the City Code and submit permit applications for removal of all trees covered by the City’s tree ordinance. Any street trees or heritage 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 will be planted on- site, and the project proponent will comply with all other tree removal requirements imposed by the City.

Implementation of mitigation measures BIO-10.1 and BIO-10.2 would reduce impacts to trees to a less than significant level.

3.3.2 Biological Resources Impacts Resulting from the Proposed Project Bird Strikes
The TESP FEIR concluded that all new buildings, including the proposed project, would have the potential for bird strikes and are required to incorporate bird safe design features. In September 2023, H.T. Harvey & Associates prepared an Avian Collision Risk Assessment for the proposed project. A copy of this report is provided in Appendix B.

The following analysis outlines the project’s design elements and its compliance with mitigation measure BIO-3.1.

Reduce the extent of glass on the façades of new buildings to the extent feasible.

The project would include extensive glazing on the building façades above the fifth floor (on the northern, eastern, and western façades), floors one and two (of the eastern façade), and on all levels of the southern façade. Per mitigation measure BIO-3.1, all new construction and building additions within the TESP area shall reduce the extent of glass on the façades to the extent feasible. The TESP FEIR recognized that “[m]ost often, bird collisions have been related to the extent of reflective and/or untreated glass on the building which provides the strongest opportunity for a collision,” and to that end, the construction shall include treated glazing in areas of the building with high collision risk, as discussed further below. In addition, the building façades would be composed of opaque panels on the northern and eastern façades surrounding the parking garage on floors one to five.

Glazing on the eastern and western façades consist of smaller windows broken up by opaque panels which helps reduce the total amount of glazing on the building. As a result, the project design would comply with this requirement.

3.3.2.1 5185 Lafayette Street (Parcel 11) Project 29 Addendum to Tasman East FEIR City of Santa Clara October 2023
Prohibit the visibility of interior landscaped areas behind glass

No interior landscaped areas are proposed behind glass and, as a result, the project design would comply with this requirement.

No more than 10 percent of the surface area of a building’s total exterior façade shall have untreated glazing between the ground and 60 feet above ground. Bird-safe glazing treatments may include fritting, netting, permanent stencils, frosted glass, exterior screens, physical grids placed on the exterior of glazing or ultraviolet patterns visible to birds. Vertical elements of the window patterns should be at least 0.25 inches wide at a maximum spacing of four inches or have horizontal elements at least 0.125 inches wide at a maximum spacing of two inches. Any remaining untreated glazed areas will be broken up into sections no greater than 24 square feet in size by mullions or bird-safe glazing treatments.

As originally proposed, no bird-safe glazing was proposed as part of the building design. Based on the Avian Collision Risk Assessment prepared for the project, the frequency of avian collisions to the proposed building on-site would be lower compared to other sites within the TESP area due to its distance to the Ulistac Natural Area (approximately 1,580 feet southeast) and to the Guadalupe River (approximately 1,790 feet east). The project proposes vegetation and trees in the exterior amenity spaces. Based on the extent and character of the vegetation planned for the site, the limited extent of the proposed open space areas, and the development that would be surrounding the site, any new landscape vegetation on-site would provide relatively limited resources for native birds regardless of the tree and plant species used. As stated in mitigation measure BIO-3.1, the City may waive or reduce any of the bird-safe design requirements based on analysis by a qualified biologist indicating that proposed buildings will not pose a collision hazard to birds. The assessment concluded that substantial impacts on birds colliding with the majority of the building façades would not occur because bird abundance in the vicinity would be relatively low, and therefore some of the bird-safe design requirements of mitigation measure BIO-3.1 are waivable.