City Council and Authorities Concurrent
May 7, 2024

process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, since the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, it must demonstrate that existing uses are not an impediment to additional residential development in the planning period (Gov. Code, § 65583.2, subd. (g)(2).). Absent findings (e.g., adoption resolution), based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

As a reminder, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-community-development/housingelementsfor a copy of the form and instructions. The City can reach out to HCD at [email protected] technical assistance.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

HCD appreciates the hard work and dedication the housing element team provided throughout the housing element review and update. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Planning
Commission
Item # 1
RTC 24-285 Re-Adoption of
the 2023-2031 Housing
Element with Revisions
April 17, 2024
Background
• One of required elements of General Plan
• Updated every 8 years. Reviewed by HCD and certified if found to be in substantial compliance
• City of Santa Clara Housing Elements
– Prior 5th Cycle Housing Element (2015-2023)
• Adopted December 9, 2014
– Current 6th Cycle Housing Element (2023-2031)
• Adopted January 31, 2023; re-Adopted June 27, 2023
2 Housing Elements
What are Cities Responsible For?
• Maintain Inventory of Sites with Capacity to meet Regional Housing Needs Allocation (RHNA)
• Housing Plan: Goals, Policies, Actions, Objectives
– Reduce/Remove Regulatory Challenges/Barriers
• Comply with State Housing Law
3 Planning for Housing
Statutory Timeline
• January 31, 2023 – Due Date for submittal of an adopted Housing Element to HCD
• May 31, 2023 – Due Date for HCD certification of Housing Element • January 31, 2024 – Due Date to complete any rezonings required to accommodate shortfall in lower-income RHNA
– Santa Clara has no shortfall of sites to accommodate its RHNA; rezonings are included for their contribution to meeting HCDs recommended buffer for lowerincome units 4 ABAG 6th Cycle Housing Elements
Required Components
• Housing Capacity – Constraints and Sites Inventory
• Housing Plan – Goals, Policies, Actions, Objectives
• Affirmatively Furthering Fair Housing
• Outreach
• General Plan Consistency
5 RHNA Process (2019-2022)
• State (HCD) identified total number of homes
by affordability level for Bay Area (441,176)
• Region (ABAG) developed methodology for
allocating units to all Bay Area jurisdictions:

RHNA plan approved by HCD January 2022
• Local (City of Santa Clara) October 2019 –
May 2021 participated in development of
RHNA methodology/plan; Santa Clara’s 6th
Cycle RHNA is 11,632 units
6 Santa Clara 6th Cycle RHNA
7 Lower Income Moderate Income Above Mod. Income
Total Very Low
(≤50% AMI)
Low
(50-80% AMI) (80-120% AMI) (>120% AMI)
2,872 1,653 1,981 5,126 11,632
• AMI = Area Median Income. FY 2023 $181,300 (4 persons) • ALI $27,200  ELI $53,500  VLI $89,200  LI $137,100  Mod $217,550 Housing Element Update Timeline
• Jan. 12, 2022 ABAG RHNA Plan Approved by State
• Jan. 25, 2022 Consultant Agreement w/ MIG, Inc. approved • Jul. 1, 2022 Public Review Draft Housing Element
• Aug. 22, 2022 Draft Housing Element
– Nov. 18, 2022 HCD Comment/Findings Letter
• Jan. 31, 2023 City Council Adopted Housing Element
– Mar. 28, 2023 HCD Comment/Findings Letter
• June 27, 2023 City Council re-Adopted Housing Element – Oct. 20, 2023 HCD Comment/Findings Letter
8 HCD Comments Summary
Draft Housing Element 11/18/22: 6 Categories / 43 Revision Items Adopted Housing Element 3/28/23: 5 Categories / 40 Revision Items Re-Adopted Housing Element 10/20/23: 3 Categories / 11 Revision Items • Preliminary Draft Revisions to Re-Adopted Housing Element • 1/3/24: 3 Categories / 4 Revision Items
• 2/7/24: 2 Categories / 5 Revision Items
• 2/15/24: 2 Categories / 3 Revision Items
• 2/22/24: 2 Categories / 3 Revision Items
• 2/28/24: 0 Categories / 0 Revision Items
• 3/22/24: 0 Categories / 0 Revision Items
• Draft Revisions to Re-Adopted Housing Element
• 4/11/24: Draft/Conditional “In-Compliance” Letter 9
Coordination with HCD
10 Preliminary Draft
Revisions to HCD
• 12/5/23
• 1/22/24
• 2/12/24
• 2/21/24
• 2/22/24
• 3/18/24
HCD Informal
Feedback to City
• 1/3/24
• 2/7/24*
• 2/15/24*
• 2/22/24*
• 2/28/24*
• 3/15/24*
• 3/22/24*
* Met with HCD staff to discuss comments and draft revisions 3/1/24 Public Draft Revisions Posted
HCD Comments Summary
October 20, 2023
• Re-Adopted Housing Element (3 Categories / 11 Revision Items) 11 1. Sites Inventory
a. Progress toward the RHNA
b. Suitability of Nonvacant Sites
c. Required Findings
d. Emergency Shelters
e. AB 2339 Analysis

2. Governmental Constraints
a. Land Use Controls
b. Revise Action 1, 2, 3

3. AFFH
a. Increase housing choices and
affordability in areas of
opportunity:
i. Robust actions beyond
RHNA/state law
ii. Quantified metrics beyond
RHNA
Key Revisions Since Re-Adoption
Sites Inventory • Added new Appendix C Supplemental Sites Inventory Analysis • Removed several ECR rezoning sites and one TESP site from inventory • Chapter 2 Housing Plan:
• Action 10: Added new objective “b” to provide City Council with mid-term evaluation of progress toward the RHNA
• Action 9: Added objective 2 to gather all details re: emergency shelters • Chapter 6 Housing Resources:
• Added paragraph affirming that there are no know barriers to development of the specific plan sites or pipeline projects within the planning period. 1 2
Sites to Meet the RHNA
13 Site/Credit Type
Affordability Category
Total Capacity
Lower-Income Moderate
Income
Above Moderate
Income VLI LI
Pending and Approved Projects 710 794 504 10,201 12,209 Tasman East Focus Area 114 239 175 3,838 4,366
Patrick Henry Drive Focus Area 76 75 75 1,294 1,520
Lawrence Station Area Plan 39 45 58 635 777
Freedom Circle Focus Area 54 54 54 913 1,075
Other 427 381 142 3,521 4,471
ADU Projection 118 118 118 39 393
Available Specific Plan Sites 3,724 1,728 140 5,592
Tasman East Focus Area 464 318 121 903
Patrick Henry Drive Focus Area 3,046 1,299 - 4,345
Lawrence Station Area Plan 214 111 19 344
El Camino Real Rezoning Sites 718 321 - 1,039
Total 6,182 2,671 10,380 19,233
RHNA 2,872 1,653 1,981 5,126 11,632
Surplus (buffer above RHNA) 37% 35% 102% 65%
HCD Findings Letter
• April 11, 2024 HCD found the March 2024 revised draft Housing Element meets statutory requirements of State Housing Element Law • Conditioned upon necessary rezonings having been completed and the re-adopted Housing Element submitted to and approved by HCD.
14 Draft/Conditional “In-Compliance”
Next Steps
• April 17, 2024 – Planning Commission Recommendation
• May 7, 2024 – City Council Adoption Hearing
• May - July 2024 – HCD Review (up to 60 days)
15 Recommendation
16 Adopt a Resolution to Recommend the City Council
Amend the General Plan by Re-Adopting the 2023-2031
Housing Element with revisions incorporated to address
HCD comments
Planning
Commission
Item # 1
RTC 24-285 Re-Adoption of
the 2023-2031 Housing
Element with Revisions
April 17, 2024
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-285 Agenda Date: 4/17/2024

REPORT TO PLANNING COMMISSION

SUBJECT
Re-Adoption of the 2023-2031 Housing Element with Revisions

COUNCIL PILLAR
Promote and Enhance Economic, Housing, and Transportation Development

BACKGROUND
The Housing Element, one of the required elements of the City’s General Plan, includes policies and programs intended to help the City meet the housing needs of all current and future Santa Clara residents. State law requires that local jurisdictions update their Housing Elements every eight years and that the Housing Element be reviewed by the State Department of Housing and Community Development (HCD). HCD “certifies” Housing Elements that it determines to be in substantial compliance with State housing law. Since the Housing Element Statutes were first enacted, five such cycles of adoption and certification have been completed; a sixth cycle of eight years began on February 1, 2023.

The City has already adopted two versions of the sixth cycle housing element: an initial version on January 31, 2023 and a revised version on June 27, 2023. After HCD provided comments on the January 31 version, staff met with HCD on April 20, 2023 to discuss those comments and again on June 2, 2023 to discuss staff’s preliminary draft revisions to the adopted Housing Element to address those comments, followed by the June 27, 2023 Council re-adoption. On October 20, 2023, the City received HCD’s comment letter on the June 27 version, which found that the re-adopted Housing Element addressed many of their earlier comments, but that additional revisions would still be necessary for HCD to certify the Housing Element.

From November 2023 through February 2024, City staff met with HCD five times to discuss their October 20, 2023 formal comments on the City’s re-adopted Housing Element and on their subsequent informal comments on six preliminary draft revisions to the Housing Element. Staff submitted another preliminary draft revision and met with HCD two additional times in March 2024 to discuss public comments received during the public posting period of the draft revisions to the readopted Housing Element. The City submitted the proposed adoption draft of the Housing Element to HCD for formal review on March 26, 2024.

A summary of revisions made to address HCD’s and public comments on the re-adopted Housing Element are provided in the discussion section below.

DISCUSSION
The following is a list of the City’s Housing Element submittals made to HCD, HCD’s comments on each of those submittals, and the number of revision items/categories identified at each stage of their City of Santa Clara Page 1 of 9 Printed on 4/12/2024
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formal and informal reviews.
· Draft Housing Element (August 22, 2022)
o HCD Formal Comment Letter (November 18, 2022)
§ 43 Revision Items in 6 Categories
· Adopted Housing Element (January 31, 2023)
o HCD Formal Comment Letter (March 28, 2023)
§ 40 Revision Items in 5 Categories
· Re-Adopted Housing Element (June 27, 2023)
o HCD Informal Comments (November 16, 2023)
o Initial Draft Revisions to Re-Adopted Housing Element to HCD (October 13, 2023) o HCD Formal Comment Letter (October 20, 2023)
§ 11 Revision Items in 3 Categories
o Preliminary Draft Revisions to HCD (December 5, 2023) o HCD Informal Comments (January 3, 2024)
§ 4 Revision Items in 3 Categories
o Preliminary Draft Revisions to HCD (January 22, 2024) o HCD Informal Comments (February 7, 2024)
§ 5 Revision Items in 2 Categories
o Preliminary Draft Revisions to HCD (February 12, 2024) o HCD Informal Comments (February 15, 2024)
§ 3 Revision Items in 2 Categories
o Preliminary Draft Revisions to HCD (February 21, 2024) o HCD Informal Comments (February 22, 2024)
§ 3 Revision Items in 2 Categories
o Preliminary Draft Revision to HCD (February 22, 2024) o HCD Informal Comments (February 27, 2024)
§ 1 Revision Item in 1 Category
o Preliminary Draft Revisions to HCD (February 27, 2024) o HCD Informal Comments (February 28, 2024)
§ 0 Revision Items in 0 Categories
· Draft Revisions to Re-Adopted Housing Element (March 26, 2024) o HCD Formal Findings Letter (April 11, 2024)
§ HCD found that the revised draft housing element meets the statutory requirements of State Housing Element Law (Gov. Code 65580 et seq.) with the condition that necessary rezonings along the El Camino Real corridor have been completed and the housing element is adopted, submitted to and approved by HCD.

Summary of HCD Comments on Re-Adopted Housing Element and Draft Revisions In HCD’s October 20, 2023 comment letter (Attachment 1) on the City’s re-adopted Housing Element, HCD identified 11 revision items in three different categories that needed to be addressed. These categories, revision items, and draft revisions are summarized below.

1. Sites Inventory
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a. Progress toward the RHNA
Draft Revisions (Appendix C, Chapter 2 Housing Plan):
· Created a new Appendix C, “Supplemental Sites Inventory Analysis,” that includes sections on the availability of specific plan sites during the planning period, suitability of nonvacant sites, impediments to the availability of sites during the planning period, redevelopment trends, and a site-by-site analysis for each opportunity site in the Tasman East Focus Area, Patrick Henry Drive Focus Area, and Lawrence Station Specific Plan Area, as well as for selected sites to be rezoned along El Camino Real. · Added more details and discussion about the City’s specific plans, including buildout horizons, and necessary steps to make these sites available for development within the planning period.
· In Housing Plan Action 10, “Monitoring,” added a mid-term evaluation of the City’s progress toward the RHNA.
b. Suitability of nonvacant sites
Draft Revisions (Appendix C):
· Included additional supporting information for the factors and trends that support the determination that nonvacant sites can redevelop within the planning period, including documented conversations/correspondence with property owners or their representatives about their interest in and ability to redevelop their sites. · Provided a detailed evaluation, on a site-by-site basis, of the extent existing uses can impede redevelopment.
· Added table of details of prior uses of pipeline (approved, under construction, recently completed) projects to support a redevelopment trend in specific plan areas. · In addition to all the sites that were previously removed from the sites inventory, removed several sites HCD flagged as less likely to redevelop in the planning period (1 Tasman East Specific Plan and 8 El Camino Real rezoning sites). · Included general and specific information about the office market (e.g., rents, vacancy rates) in Silicon Valley and in the northern Santa Clara submarket. c. Required findings
Draft Revisions (adoption resolution):
· All required findings in Housing Element adoption resolution included. d. Emergency shelters
Draft Revisions (Chapter 2 Housing Plan):
· Clarified that with the Zoning Code Update, emergency shelters are allowed by right in certain zones per state law.
· Added Objective 2 under Action 9, “Zoning Ordinance,” to consolidate all details related to emergency shelters, including a future Zoning Amendment to revise the definition of emergency shelter and other minor revisions to the development standards in compliance with state law.
e. AB 2339 analysis.

Draft Revisions (Chapter 2 Housing Plan, Chapter 5 Constraints):
· Provided additional analysis of suitable capacity for emergency shelters.

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2. Governmental Constraints
a. Land use controls.

Draft Revisions (Chapter 5 Constraints, Chapter 2 Housing Plan):
· Described how Zoning development standards are not a constraint to projects being able to achieve the maximum allowed General Plan densities. · Clarified that the Zoning Code will be updated, as needed, to allow residential care facilities for 7 or more residents, as required by state law. b. Revise Housing Plan Actions
Draft Revisions (Chapter 2 Housing Plan):
· Action 1, clarified that residential care facilities will be permitted in all residential zones similar to other residential uses of the same type in the same zone, consistent with state law.
· Action 2, added commitment to bring revisions to the Affordable Housing Ordinance, if necessary
· Action 3, clarified commitment to certain parking reductions

3. Affirmatively Furthering Fair Housing (AFFH)
a. Increase housing choices and affordability in areas of opportunity by including:
i. Robust actions beyond the RHNA/state law, and
ii.Quantified metrics beyond the RHNA.

Draft Revisions (Chapter 2 Housing Plan):
· Revised and clarified how the City’s Housing Plan actions and objectives help to increase housing choices and affordability in areas of opportunity. § Created a new Objective heading under Action 1 Provision of a Variety of Housing Types, where several objectives and metrics for increasing housing choices and opportunities are grouped.
§ Added a new section under the Housing Plan Quantified Objectives called, “Beyond the RHNA” with quantified metrics for affordable housing development within opportunity areas.
§ Added new Action 21 Place-based Programs with objectives that highlight the activities the City is already doing in terms of community revitalization. In Action 21, added Objective f to explore grants for place-based improvements, and Objective e for developing a CDBG NOFA that awards points to place-based capital improvements that improve access to opportunities.

Draft revisions to the re-adopted Housing Element are included as Attachment 2 (clean) and Attachment 3 (redlined).

Sites to Meet the RHNA (Sites Inventory)
Santa Clara has taken concrete steps, including the adoption of multiple specific plans, to support a significant amount of new housing development within the City. As shown in the table below, there are 12,209 units in pending and approved projects with a status of either: proposed (i.e. awaiting Planning approval), approved (all required Planning entitlements secured), under construction, or occupied.

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The majority of pending and approved projects are market rate with the conservative assumption that assigns 10,201 units from those projects into the Above Moderate (120% AMI) affordability category.

The remaining pending and approved projects include over 2,000 restricted affordable units, because of the City’s inclusionary requirements and/or the development of 100% affordable projects.

Although the total number of pending and approved units (12,209) exceeds the City’s total RHNA of 11,632 units, these projects do not fully meet the City’s RHNA requirement within the Lower and Moderate affordability categories.

In addition to the City’s pending and approved projects (12,209 units) and projected ADU production (393 units), the Housing Element Sites Inventory includes redevelopment of available specific plan sites (5,592 units) and certain rezoning sites along the El Camino Real corridor (805 units).

The sites to meet the City’s RHNA include a surplus of units (a buffer beyond the minimum RHNA target) in all affordability categories (i.e. Lower, Moderate, Above Moderate) as recommended by HCD to comply with the “No Net Loss” provisions of State Housing Element Law. Under the “No Net Loss” law, jurisdictions must maintain a sufficient capacity to accommodate their RHNA throughout the planning period at all income levels, and by maintaining a buffer above the minimum RHNA, it is less likely that the City would inadvertently violate that statute during the sixth cycle.

The table below reflects the previous removal of six properties from the inventory of the sites that were identified through earlier public comment, as well as nine additional sites (eight along El Camino Real and one in the Tasman East Specific Plan) that were removed based on additional recent public comment, site evaluation, and per HCD’s recommendation. These sites are described in more detail in the new Appendix C, “Supplemental Sites Inventory Analysis.” Site/Credit Type Affordability Category Total
Capacity
Lower Moderate Above
Moderate
Very Low [0
-50% AMI]
Low [50-80%
AMI]
[80-120%
AMI]
[> 120%
AMI]
Pending and Approved
Projects
710 794 504 10,201 12,209
Tasman East Focus Area 114 239 175 3,838 4,366
Patrick Henry Drive Focus Area 76 75 75 1,294 1,520
Lawrence Station Area Plan 39 45 58 635 777
Freedom Circle Focus Area 54 54 54 913 1,075
Other 427 381 142 3,521 4,471
ADU Projection 118 118 118 39 393
Available Specific Plan Sites 2,138 1,586 1,728 140 5,592 Tasman East Focus Area 268 196 318 121 903
Patrick Henry Drive Focus Area 1,747 1,299 1,299 - 4,345 Lawrence Station Area Plan 123 91 111 19 344
El Camino Real Rezoning Sites 319 236 250 - 805
Total 3,285 2,734 2,600 10,380 18,999
RHNA 2,872 1,653 1,981 5,126 11,632
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ADU Projection 118 118 118 39 393
Available Specific Plan Sites 2,138 1,586 1,728 140 5,592 Tasman East Focus Area 268 196 318 121 903
Patrick Henry Drive Focus Area 1,747 1,299 1,299 - 4,345 Lawrence Station Area Plan 123 91 111 19 344
El Camino Real Rezoning Sites 319 236 250 - 805
Total 3,285 2,734 2,600 10,380 18,999
RHNA 2,872 1,653 1,981 5,126 11,632
Surplus (buffer above RHNA) 33% 31% 102% 63%
Notes: AMI = Area Median Income. The El Camino Real rezoning sites are not required to accommodate a lower-income RHNA shortfall, but have been included in the Sites Inventory for their contribution to meeting HCD’s recommended RHNA buffer for lower-income units, particularly in the Very Low Income (VLI) category.

Summary of Public Comments
On March 8, 2024 the City received a letter (Attachment 4) from the Housing Action Coalition with the following comments:

1. For certain sites, there is no substantial evidence that the existing use is likely to discontinue in the next 8 years.

2. The Housing Element overestimates the development potential of sites in the Patrick Henry Drive Specific Plan.

3. The City must address a shortfall from the 5th Cycle Housing Element.

Regarding comment 1, City staff worked closely with HCD staff to ensure that substantial evidence was provided for each of the properties on the sites inventory, including the ones identified in the comment letter, to demonstrate the existing uses are not an impediment to redevelopment and would likely discontinue within the planning period.

Comments 2 and 3 were previously addressed with the June 27, 2023 re-adopted Housing Element.

Regarding comment 2, the City verified with HCD staff that the methodology used for estimating development potential for Patrick Henry Drive sites is conservative and appropriate. Regarding comment 3, HCD verified that the City is not subject to any requirement to address a shortfall of sites to accommodate the City’s RHNA from the 5th Cycle Housing Element. The City’s 5th Cycle Housing Element was certified by HCD and each year after certification, through the Annual Progress Report (APR) process, was found by HCD to remain in substantial compliance with State housing law.

From April 8-11, 2024, the City received copies of letters of support for the City’s March 2024 revised draft Housing Element sent to HCD from SV@Home, Freebird Development, The Core Companies, and Charities Housing (Attachments 9, 10, 11, and 12).

Conclusion
City staff’s understanding and belief is that the Housing Element adopted by the City Council on January 31, 2023 and re-adopted on June 27, 2023, were in “substantial compliance” with state law requirements. Because HCD had issues and concerns with the adopted version, including a desire to add language, analysis and requirements that went above and beyond strict legal standards, staff continued to work with HCD to address their issues to develop a version of the Housing Element that HCD was prepared to certify. Staff believes, with this version, that HCD’s issues and concerns have been fully addressed in a manner that is consistent with and in many ways exceeds legal standards, and that is also consistent with the City’s affordable housing objectives (see Attachment 8 April 11, 2024 HCD Findings Letter). Accordingly, staff recommends Planning Commission recommend City Council adoption of the Housing Element as presented.

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Next Steps
· May 7, 2024 City Council Adoption Hearing
· May 8, 2024 Submit Adopted Housing Element to HCD
· July 5, 2024 HCD Comment Letter or Certification of Housing Element Due

ENVIRONMENTAL REVIEW
The City prepared an Addendum to the 2010-2035 General Plan Environmental Impact Report (Attachment 5) for the 6th Cycle (2023-2031) Housing Element, which concluded that there is no substantial change to the General Plan that would require major revisions to the previous EIR; that there is no substantial change in circumstances as a result of modifications to the General Plan that would cause new of substantially more severe impacts; and, that there is no new information of substantial importance that identifies new or more intense significant impacts than those identified in the General Plan EIR.

With the adoption of Resolution No. 23-9118 (Attachment 6) at a public hearing on January 31, 2023, the City Council approved the Addendum to the General Plan EIR for adoption of the 6th Cycle Housing Element. Although the proposed action is to make additional revisions to the Housing Element and General Plan, there are no new policies proposed that would generate new or substantially more significant environmental impacts; moreover, the revised inventory identifies slightly fewer sites than in the January 2023 element and June 2023 re-adopted element, and so any impacts are likely to be slightly reduced. As such, the General Plan EIR and Addendum remain sufficient for the environmental analysis of the proposed Housing Element.

FISCAL IMPACT
There is no fiscal impact associated with this report. On January 25, 2022, the City Council approved a consultant agreement with MIG, Inc. to update the City’s Housing Element and accepted $499,150 in reimbursable grant funding from the State’s Local Early Action Planning (LEAP) grant program. Of this grant funding, $289,868 will be used to fund MIG’s work and the remaining $209,282 will be used to fund City staff expenses. Initially, all grant funds were required to be expended on or before December 31, 2023. Staff is processing a state-provided time extension that would cover expenditures through the end of 2025.

Re-adoption of the Housing Element, with revisions as drafted, includes new and revised City programs to implement the Housing Element goals and policies in conformance with State requirements. The potential implementation of these programs will require future City Council review, including an analysis of their potential fiscal impacts.

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

PUBLIC CONTACT
Public contact was made by posting the Commission agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] City of Santa Clara Page 7 of 9 Printed on 4/12/2024
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<mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

On March 1, 2024, a GovDelivery bulletin was emailed to the City’s 2,639 Housing Element Update topic subscribers, including all prior commentors, to let them know of the availability of the draft revisions to the re-adopted Housing Element.

On March 5, 2024, pursuant to Government Code Section 65352(a), the City mailed referral letters to tribes and outside agencies advising them of the City’s intent to take action on a General Plan Amendment to adopt revisions to the 2023-2031 Housing Element. The referral letters also include notice of the proposed Planning Commission and City Council hearings.

On April 3, 2024, pursuant to Government Code Section 65353 and 65355, a notice of public hearing was published in The Weekly, a newspaper of general circulation, regarding the Planning Commission and City Council public hearings.

On April 12, 2024, a GovDelivery bulletin was emailed to the City’s 2,778 Housing Element Update topic subscribers, including all prior commentors, regarding the Planning Commission and City Council public hearings.

ALTERNATIVES

1. Adopt a Resolution to Recommend the City Council Amend the General Plan by Re-Adopting the 2023-2031 Housing Element with revisions incorporated to address HCD comments

2. Adopt a Resolution to Recommend the City Council Amend the General Plan by Re-Adopting the 2023-2031 Housing Element with revisions incorporated to address HCD comments, with additional revisions

RECOMMENDATION
Alternative : 1. Adopt a Resolution to Recommend the City Council Amend the General Plan by ReAdopting the 2023-2031 Housing Element with revisions incorporated to address HCD comments Reviewed by: Reena Brilliot, Acting Director, Community Development Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. HCD’s October 20, 2023 Findings/Comment Letter on Re-Adopted Housing Element

2. Revisions to Re-Adopted Housing Element (clean)

3. Revisions to Re-Adopted Housing Element (redlined)

4. March 8, 2023 Letter from Housing Action Coalition

5. Addendum

6. City Council Addendum Resolution No. 23-9188

7. Planning Commission Resolution

8. HCD’s April 11, 2024 Draft/Conditional In-Compliance Letter

9. April 11, 2024 SV@Home Letter

10. April 9, 2024 Freebird Development Letter

11. April 8, 2024 The Core Companies Letter
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12. April 10, 2024 Charities Housing Letter
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THOMAS B. MAYHEW
[email protected]
D 415.954.4948
CHARLES J. HIGLEY
[email protected]
D 415.954.4942
March 8, 2024
Via E-Mail
John Davidson
Reena Brillot
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
E-Mails:

[email protected]
[email protected]
Re: City of Santa Clara Revised Draft Housing Element (March 1, 2024 draft) Comments of Housing Action Coalition
Dear Mr. Davidson and Ms. Brillot:

On behalf of the Housing Action Coalition,1 we write to provide comments on the draft of the 2023-2031 Housing Element for the City of Santa Clara that was posted for public comment on March 1, 2024.

The revised draft overstates the site inventory that is realistic and available to meet Santa Clara’s fair share of the regional need, particularly for lower income units, in two ways. First, the draft continues to include non-vacant sites without substantial evidence that the existing use is likely to discontinue during the next eight years. Second, the draft overestimates the development potential of its sites, due to Santa Clara’s flawed approach to calculating the realistic capacity of sites to meet the regional need for housing. Additionally, as previously noted, Santa Clara failed to implement its Fifth Cycle Housing Element by failing to rezone 158 parcels that it had committed to rezoning, and is therefore required by state law to address the shortfall from that prior period in the lower and moderate income categories. 1 The Housing Action Coalition is a nonprofit that advocates for building more homes at all levels of affordability to alleviate the Bay Area and California’s housing shortage, displacement, and affordability crisis.

City of Santa Clara
March 8, 2024

1. The Site Inventory Continues To Include Sites Designated For Lower Income Without Evidence That Existing Uses Are Likely To Discontinue During The Period.

As we have done previously, we comment on whether sites on the inventory are realistic and likely to develop during the planning period. See Government Code §§ 65583.2(g)(1) and (2). While we appreciate the City’s progress in deleting some of the sites identified in our prior comment letter, other sites remain unlikely and the City should commit to additional rezoning to address the shortfall.
4701 Patrick Henry, “Marriott Center.” We’ve previously commented to you about the largest unrealistic site on the inventory: 4701 Patrick Henry, a 27-parcel site with APN 104- 53-001 through -027. Santa Clara calls this the “Marriott Center” site; the parking lot entrance has a sign for “Great America Technology Park.” The parcels are not under common ownership:
26 parcels, each smaller than 0.5 acres (they range from 3,408-4,981 square feet, or 0.09 to 0.11 acres) are owned by 11 separate owners2 and used by a variety of businesses. The parking lot/common area parcel – APN 104-53-027 – is owned by the association for the benefit of all of the members.3 The parcels collectively are claimed to meet the need for 681 very-low and lowincome units, and 291 moderate.

Six of the eleven owners wanted to explore residential development of their property and voted to have the expenses of exploring it paid by the condo association. However, these six own only some of the small, isolated 0.09-0.11 acre properties; their properties are presumed not to be realistic for lower income housing because they are less than 0.5 acres. The properties can 2 The buildings adjoin in pairs, and in a number of cases, even the pairs do not have common ownership:

Building 1 Gu-Guide Building 13 Snaaz Office
Building 2 IYKP Building 14 Bedrock Ventures
Building 3 Gu-Guide Building 15 Benson Yeung
Building 4 IYKP Building 16 IYKP
Buildings 5 and 6 Gu-Guide Building 17 Chew Family
Building 7 IYKP Building 18 IYKP
Building 8 Gu-Guide Building 19 Arhant
Building 9 and 10 Kenneth Ngai Building 20 Sai Gundavelli Building 11 Cityland Building 21 Mileweb
Building 12 IYKP Building 22 IYKP
Buildings 23 and 24,
25 and 26
IYKP
3 The site inventory incorrectly states that the property does not have an assigned APN, and incorrectly states that it is 6.814311 acres. The parcel map, previously provided to HCD and the City in February 2023, shows it as being assigned APN 104-53-027, and comprising 6.787 acres.

City of Santa Clara
March 8, 2024

be realistically developed if, and only if, the parking area/common area parcel APN 104-53-027 is also developed. Each of the members/owners has been granted a non-exclusive easement over the entire common area and parking lot, so that customers and employees can visit the businesses. See 20-1051 CC&R Staff Report at pdf page 46 of 92 (CC&R document, section

5.1) granting easements to all owners). In addition, the CC&Rs directly state that “residential use of any type” is specifically prohibited. Id. at 55 (section 8.2(a)). So as things stand today, unless all eleven owners agree, the property will not be redeveloped, both because it would violate the CC&Rs and because it would violate the easement rights of any objecting owners.

Given the express opposition of some owners to paying for exploratory expenses back in 2020, and no more recent information, there is no current evidentiary basis for concluding that all eleven owners will band together and redevelop their common property, and there is no substantial evidence that this is likely to occur during the planning period. 2900 Patrick Henry, New Hope Christian Reformed Church. New Hope Church owns the building at 2900 Patrick Henry, and after an extensive remodel in 2006, holds three regular Sunday services in its sanctuary there. The parcel is claimed to meet the need for 149 lower income, and 63 moderate income units.

The City claims that the church property is a realistic site for redevelopment based on three “factors”: 4, 5, and 8. Factor 4 is that “uses similar to those that have been previously recycled in Santa Clara.” Draft at p. C-5. However, the City identifies no church or religious buildings that have been demolished recently to create housing. Factor 5 is whether the property is located in a specific plan area or the property owner participated in the specific plan process.

Id. Given that the site inventory consists entirely of sites in specific plan areas, this factor does not help distinguish between sites that are likely to redevelop and those that are not. The data centers that Santa Clara listed are all in specific plan areas, yet the draft now acknowledges that they are unlikely to develop because of its existing use. The Santa Clara fire station on Corvin Road is in a specific plan area, yet unlikely to develop because of its existing use. This factor does not provide substantial evidence of whether a site is likely to develop during the planning period. Factor 8 is the year built (id.); the draft now claims that if a structure is over 36 years old (built before 1987), then it “may” need substantial improvements based solely on its age. This factor is weak and does not provide substantial evidence of likely redevelopment in the planning period; most of the buildings in Santa Clara are older than 36 years old, yet have many more years of productive use. The City provides no basis for concluding that properties older than 36 years, or even as old as 50 years, are likely to be redeveloped.

Moreover, for this property in particular, the City is aware from its own records that the church has in fact had substantial improvements. While the building was initially built in 1978, the interior was completely remodeled in 2005-2006, at a cost of over $850,000, when the church built the new sanctuary, offices, restrooms, youth classroom, and kitchen, along with new lighting and a new heating, ventilation and cooling system. See Building Permit Record BLD2005-08407. The building was also re-roofed in 2016 at an additional expense of nearly $100,000. BLD2016-43602. The City’s assumption that the property needs substantial City of Santa Clara
March 8, 2024

improvements based on its age is incorrect given the City’s records showing that it has indeed had substantial improvements designed for its religious use. 2950 Patrick Henry, Rocket EMS. Claimed as meeting the need for 189 lower income and 81 moderate income units, the light industrial facility at 2950 Patrick Henry has been occupied since 2011 by Rocket EMS [Electronic Manufacturing Services]. Rocket EMS manufactures prototypes, circuit boards, and other electronic equipment, reworks boards, assists with PCB (printed circuit board) layout, and offers other related services for other technology companies. The company has installed full production lines into the space at 2950 Patrick Henry. The facility includes a 36,000 square foot “clean room” for circuit board manufacturing and testing.4 In 2014, for example, a building permit with an estimated job value of $1,000,000 installed custom tool machinery in the facility. BLD2014-34011.

Photo of circuit board manufacturing room at
Rocket EMS Santa Clara facility in 2950
Patrick Henry.

See “Rocket Men: Silicon Valley’s fastestgrowing EMS is taking flight,” https://www.circuitsassembly.com/ca/editorial/
menu-features/32661-rocket-men.html (last
visited March 5, 2024).

The Santa Clara facility employs 230 employees, and includes a custom-built robotics booth for PCB imaging. As of an article published in late 2019, demand was strong: the company reportedly had $60 million in annual sales, and the Santa Clara facility was running 2.5 shifts per day.

Given the heavy capital investments in the site, and the continuing demand for high tech services in Santa Clara, Rocket EMS is unlikely to move during the next seven years. The City’s site inventory makes clear that it lacks substantial evidence that the existing use will discontinue.

The inventory lists factors 4, 5, 7, and 8. As with the church, factor 4 is unconvincing: while some light industrial uses have been discontinued, none are described as having the level of capital investment and specialization that Rocket EMS has. Factor 5 – location in a specific plan area – does not distinguish Rocket EMS from other businesses that are unlikely to discontinue.

Factor 8 is inapplicable given the substantial improvements since initial construction in 1977, including an extension of the exterior walls and the roof in 1994. See, e.g., BLD1994-099898, - 4 See description at https://www.rocketems.com/facilities/; https://www.ustech.com/RelId/2231963/ISvars/default/It-Actually-%3CI%3Eis%3C-I.htm; and https://www.circuitsassembly.com/ca/editorial/menu-features/32661-rocket-men.html. (All sites visited as of March 5, 2024).

City of Santa Clara
March 8, 2024

099585. Factor 7, claiming that there is “substantial underinvestment” at the site, is likewise inapplicable to this specific site, regardless of the calculated ratio, including because the City did not take into account the extension of the building footprint shown in its own records. 3100 (also known as 3118) Patrick Henry, O2Micro Global. This property is the headquarters for O2 Micro Global, which leases a portion of its space to other technology industry tenants. O2Micro owns the property; it does not lease it. O2Micro Global was founded in Silicon Valley in 1995, and is a fabless semiconductor company: it designs, develops, and markets integrated semiconductor chips, primarily to manage power usage/flows for the computer, consumer, automotive, and industrial markets. It is thus part of the core industry that powers Santa Clara’s economy. See Draft at 13.1-1 (“The historic agricultural nature of Santa Clara was forever changed with the invention of the semiconductor chip in the 1950’s. Since then, the growth of the technology industry has fueled job growth and propelled Santa Clara to the current population of about 127,000 residents.”). Before going private in 2022, SEC filings reported income of roughly $100 million per year.

The draft Housing Element does not suggest that O2Micro has shown any interest in developing its headquarters as an apartment complex, which would be a substantial departure from its business, or in selling the property to someone who would do so. This existing use is presumed to be an obstacle to residential use, and absent substantial evidence that O2Micro will discontinue its decades-long occupancy and use of its building, the site is not appropriately listed as meeting the need for 189 lower income and 89 moderate income units.

Consolidated site “R” (2322, 2330, and 2338 Calle Del Mundo), added back to the inventory in this draft (previously removed because each of the parcels was less than 0.5 acres) is three parcels owned by Leopold Pivk. His custom glass manufacturing business has made fine semiconductor quartzware products for the technology industry in Silicon Valley for 33 years from the same building. While some of his neighbors in the Tasman East industrial park sold their properties to developers, Mr. Pivk has so far consistently declined: he continues to run his longstanding business here with his family, and has not sold any of his three parcels. The City’s site inventory, which claims that the three parcels meet the need for 124 lower income and 53 moderate income units, implicitly acknowledges that he has expressed no interest in redevelopment. General economic conditions are no substitute for site-specific analysis of whether the existing use will likely discontinue during the planning period. See HCD Site Inventory Guidebook at p. 28 (“[N]onvacant sites with differing existing uses and lacking in common ownership, whether contiguous or located in the same general area, may not rely on a generalized analysis. While the sites may be located in an area with common economic issues, individual owners may not wish to sell their property or redevelop their site with residential uses.”). In the case of Mr. Pivk’s properties, the City does exactly what HCD said not to:
relying too heavily on a generalized approach (old buildings with fewer improvements in specific plan areas may develop) and has not attempted to figure out whether the Pivk family is likely to discontinue its glass business in the next seven years and redevelop.

City of Santa Clara
March 8, 2024

Consolidated site “P” (3705/3735 El Camino Real), Lucky Grocery Store/Big Lots.

This site, claimed to meet the need for 163 lower income and 71 moderate income units, is occupied by two national retailers: Lucky’s and Big Lots.

The City does not analyze whether the existing uses on Consolidated Site P – two national retailers, including the only mainstream grocery in this part of the city, and some smaller businesses – are likely to discontinue. Instead it applies simplistic assertions that do not provide substantial evidence that the existing use will discontinue. The City makes a simplistic assertion that because the buildings’ exterior walls were constructed in 1972, and that a grocery store has a large parking lot (and therefore low FAR and improvement ratio), housing might be built here. Draft at C-40. However, most grocery stores and discount retailers have large surface parking lots, and yet most grocery stores and discount retailers are unlikely to close or relocate during the next seven years so that housing can be built. As we noted in our June 2023 letter to HCD, the Lucky grocery store is also particularly well located, both in its convenience to a major crossroads within the city, and relative to other grocery stores.

Another reason why Consolidated P is not likely to develop during the next seven years is that it is only a portion of the Lawrence Expressway Plaza shopping center. The City now acknowledges that the recently remodeled 24 Hour Fitness in the same shopping center is not likely to redevelop. See Draft at C-54 to 55 (“the following sites have been excluded from the Sites Inventory since they are unlikely to redevelop with residential uses during the timeframe of the Housing Element: . . . 3615 El Camino Real (24 Hour Fitness).” ///
///
City of Santa Clara
March 8, 2024

The 24 Hour Fitness building is immediately next door to the Lucky grocery store building, and uses the same parking lot:

The photo on the left has labels from Google Maps: the Lucky store is the large square building in the upper center; Big Lots is the smaller square to the left of it; 24 Hour Fitness is the building in the upper left hand corner. The photo on the left, with blue shading, shows the parcel that 24 Hour Fitness is on; Consolidated Site P is the rest of the shopping center to the left of the blue shading.

The physical relationship between the admittedly unlikely 24 Hour Fitness site and Consolidated Site P reinforces why Site P, with Lucky and Big Lots is unlikely to develop during the planning period. The street access for the 24 Hour Fitness is on Site P; indeed, the entrance on El Camino Real could not be moved closer to a freeway offramp for safety reasons. Much of the parking for the gym is also on Consolidated Site P. The site inventory does not claim that the owners have indicated an interest in redeveloping Site P during the planning period, and the City does not say that it has analyzed whether the 24 Hour Fitness lease assures that 24 Hour Fitness customers and employees will be able to use the parking lot exit and portion of the parking lot that are on Site P. Similarly, the City has not analyzed whether Starbucks – located at 3605 El Camino Real, on the small parcel surrounded by the blue shading and adjacent to the freeway off-ramp, likewise has parking or ingress/egress rights over the parcels that comprise Site P.

The City continues not to engage in the required analysis for this site to assert that the existing use is not an obstacle to residential development, as required by 65583.2(g)(1) and (2).

City of Santa Clara
March 8, 2024

2. The City’s Realistic Capacity Calculations Are Flawed The draft’s methodology for estimating the RHNA capacity of eleven sites in the Patrick Henry Drive Specific Plan Area is flawed. Unlike its approach with other sites on the site inventory (which uses a percentage-of-minimum approach), for the twelve sites in the Patrick Henry Drive Focus Area, the draft estimates the realistic capacity to meet the RHNA by multiplying the maximum zoned density by 72%.

The 72% of maximum approach violates Government Code section 65583.2(c) concerning estimating realistic capacity. Because we have previously commented on this issue and the City has not substantively addressed this point, we will keep this short:
 The 72% number is not based on any of the statutory factors. It does not take into account what the statute says “shall” be used in determining the capacity of the sites to accommodate the RHNA: typical densities of approved or constructed projects with a similar level of affordability, the realistic development capacity of each site, site improvement requirements, or anything other than the “land use control” of maximum zoned density.
 The 72% is instead an estimate based on an estimate about the expected pace of development of the entire area: the “buildout” projections made when the Patrick Henry plan was adopted. The projections estimated that 72% of the units for the area as a whole would be built from 2025-2034. See Draft at 13.6-15 (calculating the 72% by dividing the total of phases 1 and 2 (2025-2029 and 20230-2034) by the total approved capacity for the area. The draft does not explain why Santa Clara now projects that the sites on the inventory will result in 72% of the total three years earlier than previously estimated, or why an estimate about the timing of development (how many units per year) provides useful information to estimate the density of development (number of units per acre).5  Even if the 72% was a useful statistic, it is miscalculated in two ways. First, the numerator is wrong because it includes units that will be built outside the planning period: from 2031-2034. Adjusting the number downward to take this into account, the 2025-2030 projection is only 6,286. (See HAC’s earlier comment letters). The denominator is also wrong. It was based on dividing the 2025-2034 total by 11,150 units, the midpoint between an estimate if the Pearlman office buildings pursued office construction (10,300) or residential 5 The approach doesn’t even work as applied to specific properties. The buildout estimate projected 1700 units to be built on the four Pearlman sites: 10,300 units for the area if Pearlman built offices, but 12,000 units if Pearlman built residential. But using the 72% estimate as a capacity number, Santa Clara now projects that the Pearlman sites (4633, 4655, 4677, and 4699 Old Ironsides) will accommodate only 1,045 units. An estimate about time can’t be transplanted to an estimate about space.

City of Santa Clara
March 8, 2024

(12,000). See Draft at 13.6-15. But the draft now assumes that the Pearlman properties (4633, 4655, 4577, and 4699 Old Ironsides) will all develop as residential. The larger total should thus be used: 12,000 not 11,150. Each of these mistakes means that 72% is higher than it should be, even if Santa Clara’s logic is accepted.
 A “percentage of maximum” is not a rational approach. When a developer does not build to the maximum density permitted, it is because of other constraints on development (economic, structural), rather than a decision related to the maximum density permitted. The maximum density could be set at any arbitrary number – e.g., 3,500 instead of 350 units/acre – but the developer is unlikely to scale up the project in proportion to the maximum just because the maximum is higher. A methodology based on percentage of maximum fails to address the statutory requirements of realistic development capacity, typical densities, or accessibility of utilities.
 The 72% of maximum approach overestimates the capacity to accommodate below market rate (lower and moderate income) housing. By multiplying the very high density maximums of the Patrick Henry area times the very large acreages of the parcels there, the inventory projects that subsidized housing projects of 500-1,000 units could be built.
 The City ignores this, claiming that “default” density rules require HCD to accept the sites for lower income without considering affordability in setting the capacity estimate, as long as the site is zoned for more than 30 units/acre. Draft at p. 13.6-17. This approach to realistic capacity is contrary to AB 1397 which directs the City to analyze typical densities at similar levels of affordability, and the data confirming that no 100% affordable development has ever been built at the scale projected for the Patrick Henry sites.
 The City also fails to take into account the land use controls that require parkland on a portion of certain sites. While the City Attorney’s office has argued that the gross acreage of the site can be used in calculating the minimum/maximum density (ignoring that a portion is to be dedicated to parks), a realistic capacity analysis requires that the city analyze how the parkland dedication requirement would make it much more expensive to achieve the same density (because more units would have to be built on a more limited footprint), particularly for a 100% affordable project. In continuing to ignore this issue and pointing only to the “default density” rule, the City violates Government Code section 65583.2(c), which requires this analysis.

City of Santa Clara
March 8, 2024

3. The City Must Address the Unaccommodated Need from the 2015 Regional Housing Needs Allocation
We have previously explained why the City is required to address a shortfall from the fifth cycle: the City promised in its Fifth Cycle Housing Element to rezone 158 sites on the El Camino Real, but then delayed – and still hasn’t rezoned most of them – leaving the need for lower income housing unaccommodated during 2015-2022. Housing Element promises to rezone are supposed to matter, under Government Code section 65584.09(a).

While rezoning some of those sites now will help, under 65584.09 the City is required to meet not just the sixth cycle RHNA numbers, but also calculate and address the unaccommodated need from the prior planning period, as explained at greater length in our November 30, 2022 letter.

4. Conclusion: The Draft Housing Element Should be Revised The issues identified in this letter show that the Revised Draft does not substantially comply with state law. It contains unrealistic sites and unsupported projections, and does not address the unaccommodated need from the City’s failure to implement its 2015-2022 rezoning promises. The City should revise this draft by identifying additional realistic and available sites to include in the inventory, rezoning additional properties geographically dispersed throughout the City, and using a reasoned approach to calculate the realistic capacity of its proposed sites in a manner consistent with state law.

Respectfully submitted,
Thomas B. Mayhew
Charles J. Higley
CC: [email protected]; [email protected] TBM:tm
36615\16697785.1
350 W. Julian Street, Building 5, San José, CA 95110
www.svathome.org • [email protected]
Via Email
April 10, 2024
Paul McDougall, Senior Program Manager
California Department of Housing and Community Development Division of Housing Policy Development
RE: City of Santa Clara Housing Element
Paul McDougall,
We appreciate this opportunity to share our comments, and support for the City of Santa Clara’s Housing Element Update submitted to you on March 26. We believe the plan, and the embrace of the process by city staff, and elected leadership has come a very long way since the release of the first draft over a year ago. We are excited by the progress. We feel that Santa Clara has turned an important corner that gives us confidence in the implementation and impact of the Housing Element submitted to you for certification.

Silicon Valley @ Home is a nonprofit advocacy organization that supports housing and affordable housing development throughout Santa Clara County. SV@Home works with a broad coalition of strategic partners to address the urgent housing needs of the diverse residents across all our communities. We advocate for solutions including increasing production of homes at all income levels, especially affordable housing; preserving existing affordable housing; and protecting our community’s most vulnerable residents from displacement. We have been engaged with and tracking the status of Housing Element preparation and housing programs for each of the mid-sized and large cities in the County, and have been engaged with the City of Santa Clara’s process since it began - attending community meetings, council study sessions, stakeholder focus groups, and sharing our perspective through both written and verbal comments.

Since our initial comments were formally submitted in August, 2022, the city has taken significant steps to lean into this work. We believe this is most evident in the focus on proactively identifying and engaging often hard to reach communities with the greatest housing needs and explicit programming to address housing instability and displacement risks. We also appreciate the commitments to mid-course evaluation of progress with the clear expectations that there will be additional actions taken where they are falling short of the planned impact.

Board of Directors
Shiloh Ballard, Chair
Aubrey Merriman, Vice Chair
LifeMoves
Andrea Osgood, Treasurer
Eden Housing
Nevada Merriman, Secretary
MidPen Housing Corporation
Bob Brownstein
Working Partnerships USA
Candice Gonzalez
Sand Hill Property Company
Amie Fishman
Non-Profit Housing
Association of Northern CA
Randy Tsuda
Alta Housing
Steven Yang
Northern CA LIIF
Javier Gonzalez
Google
Pilar Lorenzana
Silicon Valley Community
Foundation
Poncho Guevara
Sacred Heart Community
Service

Chris Neale
The Core Companies
Staff
Regina Celestin Williams
Executive Director
April 10, 2024
Re: City of Santa Clara Housing Element Update

350 W. Julian Street, Building 5, San José, CA 95110
408.780.8411 • www.svathome.org • [email protected] Below are a few specific reflections on the positive changes we see since our August 2022 comments. We believe these are reflective of the public input, show the proactive commitments of city staff, and are responsive to the comments received from your agency during this planning process.

In our initial letter, we expressed concern about the outreach and engagement process, particularly as it reflected shortcomings in the requirement of Affirmatively Furthering Fair Housing (AFFH) to target people and communities where the needs are the greatest. We also express a related concern that the city had fallen short on the AFFH requirement to assess the differences in experiences by race/ethnicity and across neighborhoods within the city, particularly the Latinx residents whose greater incidents of housing instability and overlapping housing needs was evident in the analysis included in the draft.

The work in both the areas for subsequent draft was significant: local outreach was improved, programs and policies are reflective of this additional input and deeper analysis of housing needs. In a follow-up letter we shared a range of tenant and community protection policies to address housing instability and displacement that we have supported in other jurisdictions - some of these were included directly, and work items were added to pursue a comprehensive response.

We also expressed real concern with the sites inventory’s overdependence on a few Specific Plan areas and the failure to incorporate AFFH requirements to spread housing opportunities throughout the City, including higher-resourced areas. This needed to include both an update of the identified sites, and programs to further this integration requirement.

Significant work has been done to expand the sites inventory to include parcels and properties outside of the specific plan areas in the northern part of the city. While some of the new sites identified in subsequent drafts, particularly along El Camino Real, have been removed from the final plan, the current plan shows an effort to identify sites in higher resource areas and within established residential areas closer to existing amenities.

There is action to reduce or remove lot coverage restrictions where they create, in combination with other design guidelines, cumulative constraints on development in R3-18 and R3-36 zones. The impact of these changes remains to be seen, but the recognition of governmental constraints is important.

We also appreciate the investment in ADU programming, support for SB9 development, and efforts to catalyze affordable development on faith lands. We see in many of our cities that these strategies are proposed as solutions to the integrative challenges of AFFH mandates. This will not be easy, but we believe the city has expressed a more substantive commitment than most peer cities.

April 10, 2024
Re: City of Santa Clara Housing Element Update

350 W. Julian Street, Building 5, San José, CA 95110
408.780.8411 • www.svathome.org • [email protected] The city has recognized that the Housing Element Update is both an exercise in planning to meet RHNA production goals and a process of identifying and programming around housing needs in the community that are often just as important to address. Santa Clara has been a leader regionally in planning for, entitling, and building housing. The current pipeline will increase the number of homes in the city by over 40% - we believe this is the highest in the county. More fully engaging with housing preservation and tenant protection challenges will be newer to the city. We are excited to see housing built and committed to supporting the city in keeping people housed.

Sincerely,
Regina Celestin Williams
Executive Director
April 9, 2024
California Department of Housing & Community Development (HCD) c/o Jose Jauregui [email protected]
Paul McDougall [email protected]
RE: Support for the draft of the City of Santa Clara’s 6th Cycle Housing Element Dear HCD Representatives:

We are writing to express our support for the March 2024 draft of the City of Santa Clara’s 6th Cycle Housing Element. We have been working in partnership with the City on Monroe Commons since we were first awarded the site through a competitive Request for Proposals process in 2018.

Monroe Commons is a 65-unit affordable housing development completed in 2023 that serves as a model for inclusive mixed income housing providing housing for a board range of incomes between 30% - 80% of the Area Median Income, with a 25% set-aside for people with intellectual and developmental disabilities.

The project site was originally zoned as Single Family Residential with a general plan designation of Transportation Right-of-Way. As such, any density bonus based off the Single-Family Residential zoning would not have achieved the desired density. Moreover, given the project’s zoning and general plan designation, the project did not qualify for any entitlement/environmental streamlining available at that time. Nonetheless, given the project’s importance to the City and its desire to see this underutilized site become affordable housing, City staff helped expedite the entitlement process and environmental review to the greatest extent possible. It has taken us longer to get entitlements in other jurisdictions where we used density bonus and/or streamlined ministerial approval than it did for us on Monroe Commons.

In addition to support during entitlements, the City provided a significant amount of funding to the project including a $5.2 million seller carry back loan (the project site is City-owned with a long-term ground lease) and up to $9.5 million in gap funding for the project.

The City of Santa Clara has been a great partner on Monroe Commons, and we hope to continue to work with them on other critical affordable housing developments in the future. We encourage the State to certify the March 2024 version of the City’s 2023-2031 (6th) Cycle Housing Element as soon as possible.

Please do not hesitate to reach out to me if you have any questions or need any additional information at 510-319-6959 or [email protected].

Thank you for taking our comments into consideration.

Sincerely,
Robin Zimbler
Manager, Freebird Development Company, LLC
Cc:

Mayor Lisa Gillmor
Santa Clara City Council
Jovan Grogan, City Manager
Reena Brilliot, Acting Director of Community Development

April 10, 2024
California Department of Housing & Community Development (HCD) c/o Jose Jauregui [email protected]
Paul McDougall [email protected]
RE: Support for the draft of the City of Santa Clara’s 6th Cycle Housing Element.

Dear HCD Representatives:

We are writing to express our support for the March 2024 draft of the City of Santa Clara’s 6th Cycle Housing Element. The City of Santa Clara’s Housing Element provides a comprehensive plan to advance actionable and specific programs, policies, and strategies to allow housing development to occur for all income levels, including for those that are facing the highest threats of displacement.

The City of Santa Clara has been a partner in creating affordable units within the City. In November 2022, Charities Housing received entitlements to allow for the construction of 108 rental units at 76.6 dwelling units per acre (du/ac) with studio, one- two- and three- bedroom units, common and private open space, resident services and amenities, and shared parking. The affordable housing units, with rents set to be affordable at 30 to 50 percent Annual Median Income (AMI) levels, would be secured with an Affordable Housing Agreement between Charities Housing and the City. The City of Santa Clara has also committed funding to help support the development of this affordable community.

We greatly appreciate the State’s focus on ensuring that community stakeholders have a voice in this process. We are all in accord on the importance of increasing the stock of affordable housing, preserving our existing affordable housing, protecting our residents from becoming unhoused and helping those who have become unhoused, and increasing equity and housing choices for protected class residents in Santa Clara. We encourage the State to certify the March 2024 version of the City’s 2023-2031 (6th) Cycle Housing Element as soon as possible.

Thank you for taking our comments into consideration.

Sincerely,
Marvel Ang
Director of Housing Development
Charities Housing
Cc:

Mayor Lisa Gillmor
Santa Clara City Council
Jovan Grogan, City Manager
Reena Brilliot, Acting Director of Community Development Resolution/ Revisions to Adopted Housing Element Page 1 of 10 Rev. Rev: 11/22/17
RESOLUTION NO. 24-008

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA RECOMMENDING THAT

THE CITY COUNCIL ADOPT A GENERAL PLAN AMENDMENT
TO AMEND AND RE-ADOPT THE 2023-2031 HOUSING

ELEMENT WITH REVISIONS INCORPORATED TO ADDRESS

HCD COMMENTS, IN COMPLIANCE WITH STATE HOUSING

ELEMENT LAW
WHEREAS, the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and WHEREAS, the legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Santa Clara (City) regional housing need allocation (RHNA) of 11,632 housing units, comprised of 2,872 very-low income units, 1,653 low-income units, 1,981 moderate-income units, and 5,126 above moderate-income units; and Resolution/ Revisions to Adopted Housing Element Page 2 of 10 Rev. Rev: 11/22/17
WHEREAS, to comply with State Housing Element Law, the City of Santa Clara has prepared its Housing Element Update for the years 2023-2031 (the Housing Element) and has identified sites that can accommodate housing units meeting the City’s RHNA; and WHEREAS, as provided in Government Code Section 65350 et. seq., the Housing Element constitutes a General Plan Amendment; and
WHEREAS, as provided in Government Code Sections 65352 – 65352.5, the City of Santa Clara referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission, to cities abutting Santa Clara’s borders and to Santa Clara County; to local school districts; to the Santa Clara Valley Water District and San Francisco Public Utilities Commission; and to other entities listed.

WHEREAS, No California Native American tribe requested consultation; and WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and
WHEREAS, the preparation, adoption, and implementation of the Housing Element Update requires a diligent effort to include all economic segments of the community; and WHEREAS, the City conducted extensive community outreach throughout the Housing Element Update process, including 27 meetings and activities that included community meetings/events, stakeholder workshops, meetings/interviews with residents, and City task force meetings and study sessions; and
Resolution/ Revisions to Adopted Housing Element Page 3 of 10 Rev. Rev: 11/22/17
WHEREAS, in accordance with Government Code Section 65585 (b), on July 1, 2022, the City posted a Public Review Draft Housing Element and requested public comment for a 30-day review period, and on August 22, 2022, after responding to public comments, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on October 12, 2022, HCD and City staff had an introductory meeting, which included an informal conversation and feedback from HCD about the City’s Initial Draft Housing Element; and
WHEREAS, on November 18, 2022, the City received a letter from HCD stating that while the draft Housing Element addresses many statutory requirements, HCD was requesting additional revisions; and
WHEREAS, on November 29, 2022, HCD and City staff had a meeting to discuss HCD’s findings letter; and
WHEREAS, on January 24, 2023, the City published a revised draft Housing Element with the changes required by HCD and requested public comment on the draft; and WHEREAS, a notice of the public hearing on the proposed General Plan Amendment was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on December 11, 2022, for the January 11, 2023 Planning Commission meeting and the January 31, 2023 City Council meeting; and
WHEREAS, on January 11, 2023, the Planning Commission opened the public hearing to consider the proposed General Plan Amendment, and then continued the hearing to January 23, 2023; and
WHEREAS, on January 23, 2023, the Planning Commission opened the public hearing to consider the proposed General Plan Amendment, and then due to technical difficulties continued the hearing to January 26, 2023; and
Resolution/ Revisions to Adopted Housing Element Page 4 of 10 Rev. Rev: 11/22/17
WHEREAS, the City has prepared an Addendum to the 2010-2035 General Plan Environmental Impact Report adopted by the City Council on November 16, 2010, and to the environmental review documents that were prepared for subsequent amendments to the General Plan that affected housing development in the City, all of which provide environmental clearance for all of the units in the 6th cycle Housing Sites Inventory; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 26, 2023, at the conclusion of which, the Planning Commission determined that the proposed 6th Cycle Housing Element would not result in any new or substantially more severe impacts than previously identified in the General Plan EIR and recommended that the City Council approve the Addendum to the 2010 - 2035 General Plan EIR prepared for the Housing Element Update; and WHEREAS, on January 26, 2023, the Planning Commission conducted a duly and properly noticed public hearing, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments; and
WHEREAS, on January 26, 2023, the Planning Commission adopted Resolution No. 23-003, recommending the City Council adopt a General Plan Amendment to update the Housing Element of the General Plan for the period of 2023-2031; and
WHEREAS, on January 31, 2023, the City Council adopted Resolution No. 23-9188, adopting an Addendum to the General Plan Environmental Impact Report, for adoption of the 6th Cycle Housing Element (2023-2031); and
WHEREAS, on January 31, 2023, the City Council adopted Resolution No. 23-9189, adopting a General Plan Amendment to update the Housing Element of the General Plan for the period of 2023-2031 to comply with State Housing Element law; and WHEREAS, on March 28, 2023, HCD provided the City its findings on the City’s Adopted Housing Element, requesting additional updates to the document, and in response, the Housing Element was further revised to address HCD’s comments; and
Resolution/ Revisions to Adopted Housing Element Page 5 of 10 Rev. Rev: 11/22/17
WHEREAS, on April 20, 2023, HCD and City staff had a meeting to discuss HCD’s findings letter; and
WHEREAS, a notice of the public hearing on the proposed General Plan Amendment was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on May 10, 2023, for the May 24, 2023 Planning Commission meeting and the June 6, 2023 City Council meeting; and
WHEREAS, on May 24, 2023, the Planning Commission opened the public hearing to consider the proposed General Plan Amendment, and then continued the hearing to June 14, 2023; and WHEREAS, on June 2, 2023, HCD and City staff had a meeting to discuss the City’s proposed revisions to address HCDs findings letter; and
WHEREAS, on June 7, 2023, the City published a draft of the revisions to the Adopted Housing Element with the changes requested by HCD, and solicited additional public comment on the draft; and
WHEREAS, the Planning Commission held a duly noticed public hearing on June 14, 2023, at the conclusion of which, the Planning Commission determined that the proposed revisions to the previously adopted 6th Cycle Housing Element would not result in any new or substantially more severe impacts than previously identified in the General Plan EIR, as addended; and WHEREAS, there were no new policies proposed by the Housing Element Update that would generate new or substantially more significant environmental impacts; moreover, the revised inventory identified slightly fewer sites than in the Housing Element adopted in January 2023, and so any impacts are likely to be slightly reduced. As such, the General Plan EIR and Addendum remained sufficient for the environmental analysis of the proposed Housing Element; and WHEREAS, on June 14, 2023, the Planning Commission conducted a duly and properly noticed public hearing, reviewed the revisions to the previously adopted 6th Cycle Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments.

Resolution/ Revisions to Adopted Housing Element Page 6 of 10 Rev. Rev: 11/22/17
WHEREAS, on June 27, 2023, the City Council conducted a duly noticed public meeting to review the revisions to the previously adopted 6th Cycle Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and to take public testimony on the subject.

WHEREAS, on June 27, 2023, the City Council adopted Resolution No. 23-9244 adopting a General Plan Amendment to update the Housing Element of the General Plan for the period of 2023-2031 to comply with State Housing Element law; and WHEREAS, on September 29, 2023, HCD provided preliminary feedback and suggested minor edits to clarify certain revisions in the June 27, 2023 re-adopted Housing Element; and WHEREAS, on October 5, 2023, the City posted draft revisions to the June 27, 2023 re-adopted Housing Element and submitted those requested revisions to HCD on October 13, 2023; and WHEREAS, on October 20, 2023, HCD provided the City its findings on the City’s re-adopted Housing Element, requesting additional updates to the document, and in response, the Housing Element has been further revised to address HCD’s comments; and WHEREAS, on November 16, 20233, HCD and City staff had a meeting to discuss HCD’s findings letter and the City submitted preliminary draft revisions to HCD on December 5, 2023; and WHEREAS, from January 3, 2024 through March 22, 2024, HCD and City staff met five times to discuss HCDs informal feedback on preliminary draft revisions to the re-adopted Housing Element until HCD had no remaining comments; and
WHEREAS, on March 1, 2024, the City published a draft of the Housing Element for public comment; and
WHEREAS, on March 26, 2024, the City formally submitted draft revisions to the June 27, 2023 re-adopted Housing Element to HCD; and
WHEREAS, a notice of the public hearing on the proposed General Plan Amendment was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on March Resolution/ Revisions to Adopted Housing Element Page 7 of 10 Rev. Rev: 11/22/17
27, 2024, for the April 17, 2024 Planning Commission meeting and the May 7, 2024 City Council meeting; and
WHEREAS, on April 11, 2024, HCD provided the City its findings on the draft revisions to the City’s Adopted Housing Element, indicating that the draft Housing Element Update was conditionally in substantial compliance with Housing Element law; and WHEREAS, on April 17, 2024, the Planning Commission conducted a duly and properly noticed public hearing, reviewed the revisions to the previously adopted 6th Cycle Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments.

WHEREAS, the Planning Commission held a duly noticed public hearing on April 17, 2024, at the conclusion of which, the Planning Commission determined that the proposed revisions to the previously adopted 6th Cycle Housing Element would not result in any new or substantially more severe impacts than previously identified in the General Plan EIR, as addended; and WHEREAS, there are no new policies proposed by the Housing Element Update that would generate new or substantially more significant environmental impacts than in the Housing Element re-adopted in June 2023. As such, the General Plan EIR and Addendum remain sufficient for the environmental analysis of the proposed Housing Element.

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

1. The foregoing recitals are true and correct and are incorporated by reference into this action.

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

A. The proposed Amendment is deemed to be in the public interest, in that the proposed Amendment is consistent and compatible with the rest of the City’s Resolution/ Revisions to Adopted Housing Element Page 8 of 10 Rev. Rev: 11/22/17
General Plan and any implementation programs that may be affected, in that the Housing Element is consistent with the General Plan’s Land Use and Circulation policies, and does not increase development capacity under the General Plan, as amended.

B. The proposed amendment has been processed in accordance with the applicable provisions of the California Government Code and the California Environmental Quality Act (CEQA), in that the impacts of the Housing Element are disclosed by the General Plan EIR as addended by subsequent amendments to the General Plan that affected housing development in the City, including but not limited to the December 2013 Climate Action Plan Negative Declaration; the February 2016 Mission Town Center EIR; the 2016 Related Santa Clara EIR; the November 2016 Lawrence Station Area Plan EIR; the July 2018 575 Benton Project Addendum; the July 2019 Gateway Crossings EIR; the March 2022 Patrick Henry Drive Specific Plan EIR; the June 2022 Climate Action Plan Addendum; and the June 2022 Freedom Circle Future Focus Area EIR (collectively, the “Subsequent Documents”).

C. The potential impacts of the proposed General Plan Amendment have been assessed and have been determined not to be detrimental to the public health, safety, or welfare, in that the Housing Element creates a policy framework that provides opportunities for the development of housing in the City through the year 2031. The impacts of the Housing Element have been disclosed through the CEQA process, and the Planning Commission has determined that any impacts from the Housing Element are within the scope of the General Plan EIR, as addended.

3. The Planning Commission finds, based on substantial evidence in the record, that the existing uses on sites contained within the Sites Inventory are likely to be discontinued during the Resolution/ Revisions to Adopted Housing Element Page 9 of 10 Rev. Rev: 11/22/17
planning period and therefore will not impede planned residential development and can be utilized toward demonstrating adequate sites to accommodate the RHNA during the planning period. That substantial evidence includes an analysis about the likelihood of the redevelopment of 6th cycle Housing Element sites entitled, “Supplemental Sites Inventory Analysis”, available as Appendix C of the Draft Housing Element.

4. The Planning Commission recommends City Council approval of the revisions to the Adopted 6th Cycle Housing Element Update (2023-2031) in its entirety as provided in Attachment 1, plus any non-substantive edits or corrections made as directed by the State Department of Housing and Community Development (HCD) after their review of the revisions to the adopted 2023-2031 Housing Element or Addendum to the 2010 General Plan Update EIR. //
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Resolution/ Revisions to Adopted Housing Element Page 10 of 10 Rev. Rev: 11/22/17

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

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

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A SPECIAL MEETING THEREOF HELD ON THE 17TH DAY OF APRIL, 2024, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

REENA BRILLIOT

ACTING DIRECTOR,

COMMUNITY DEVELOPMENT

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Revised City of Santa Clara Housing Element dated April 17, 2024 City of Santa Clara 2023-2031 6th Cycle
Housing Element Update
Addendum to the City of Santa Clara General Plan
Environmental Impact Report
Lead Agency:

City of Santa Clara
Planning Division
1500 Warburton Avenue
Santa Clara, California 95050
Prepared by:

MIG, Inc.
1650 Spruce Street, Suite 106
Riverside, California 92507
December 21, 2022
- This document is designed for double-sided printing - Santa Clara 2023-2031 6th Cycle Housing Element Update i City of Santa Clara
Table of Contents
1 Introduction.............................................................................................................................. 1

1.1 – Purpose and Authority............................................................................................. 1

1.2 – Addendum Analysis and CEQA Guidelines ............................................................. 2

1.3 – Tiering ..................................................................................................................... 3

1.4 – Organization and Scope.......................................................................................... 5

1.5 – Conclusions............................................................................................................. 5 2 Project Description................................................................................................................... 7

2.1 – Project Title ............................................................................................................. 7

2.2 – Lead Agency Name and Address ............................................................................ 7

2.3 – Contact Person and Phone Number........................................................................ 7

2.4 – Project Location....................................................................................................... 7

2.5 – Environmental Setting ............................................................................................. 7

2.6 – General Plan Land Use Designations...................................................................... 7

2.7 – Zoning Districts........................................................................................................ 8

2.8 – Project Description .................................................................................................. 8

2.9 – Required Approvals............................................................................................... 23

2.10 – Other Public Agency Whose Approval is Required ................................................ 24 3 Determination ........................................................................................................................ 29

3.1 – Environmental Categories Potentially Affected ...................................................... 29

3.2 – Determination........................................................................................................ 29 4 Evaluation of Environmental Impacts..................................................................................... 31

4.1 – Aesthetics.............................................................................................................. 33

4.2 – Agriculture and Forest Resources ......................................................................... 37

4.3 – Air Quality.............................................................................................................. 40

4.4 – Biological Resources............................................................................................. 45

4.5 – Cultural Resources................................................................................................ 52

4.6 – Energy................................................................................................................... 56

4.7 – Geology and Soils ................................................................................................. 59

4.8 – Greenhouse Gas Emissions.................................................................................. 65

4.9 – Hazards and Hazardous Materials......................................................................... 68

4.10 – Hydrology and Water Quality................................................................................. 74

4.11 – Land Use and Planning ......................................................................................... 80

4.12 – Mineral Resources ................................................................................................ 82

4.13 – Noise..................................................................................................................... 84

4.14 – Population and Housing ........................................................................................ 89

4.15 – Public Services...................................................................................................... 92

4.16 – Recreation............................................................................................................. 97

4.17 – Transportation ....................................................................................................... 99

4.18 – Tribal Cultural Resources .................................................................................... 104

4.19 – Utilities and Service Systems .............................................................................. 107

4.20 – Wildfire ................................................................................................................ 111

4.21 – Mandatory Findings of Significance..................................................................... 114 5 Applicable General Plan EIR Mitigation Measures............................................................... 117 6 References .......................................................................................................................... 121

6.1 – List of Preparers.................................................................................................. 121

6.2 – Persons and Organizations Consulted ................................................................ 121

6.3 – Bibliography ........................................................................................................ 122 Table of Contents
ii Addendum to the General Plan EIR
Admin Draft December 21, 2022
List of Tables
Table 1 City of Santa Clara RHNA 2023-2031............................................................................ 9 Table 2 Approved and Proposed Projects................................................................................. 10 Table 3 Sites to Meet the RHNA............................................................................................... 14 Table 4 General Plan Focus Areas........................................................................................... 15 List of Exhibits
Exhibit 1 Regional Context Map................................................................................................ 25 Exhibit 2 Existing General Plan Land Use Map......................................................................... 27 Appendices
Appendix A 2010-2035 General Plan EIR
Appendix B 2023-2031 Housing Element Update
Appendix C Subsequent Specific Plan EIR Mitigation Measures Santa Clara 2023-2031 6th Cycle Housing Element Update 1 City of Santa Clara
1 Introduction
This document has been prepared to serve as an addendum to the previously certified Santa Clara 2010-2035 General Plan Integrated Final Environmental Impact Report (EIR) (SCH # 2008092005), which was certified in January 2011, and subsequent environmental documents prepared for General Plan amendments made for the various focus areas, Specific Plan areas, and Climate Action Plans.

The City's Housing Element was last updated in 2014 in compliance with State Housing Element Law.

The adoption of the proposed Housing Element update is consistent with the state law requirement that each city and county update the housing element of its general plan every eight years in order to establish and update housing and land use strategies reflective of changing needs, resources, and conditions. The City of Santa Clara (City) is the lead agency for the environmental review of the proposed City of Santa Clara General Plan Housing Element Update (project) for the 2023-2031 planning period.

1.1 – Purpose and Authority
Pursuant to CEQA, the proposed Housing Element Update constitutes a “project” that is subject to analysis and determination of environmental effects under CEQA (Public Resources Code Section 21000, et seq.) and the CEQA Guidelines (14 California Code of Regulations Section 15000, et. seq.).

This Addendum, its appendices, and related supporting environmental documents have been prepared to determine whether and to what extent the General Plan EIR and associated amendments prepared for the General Plan EIR are sufficient to address the potential impacts of the proposed Housing Element, or whether additional documentation is required under CEQA. The proposed project requires discretionary approval by the City of Santa Clara and review by the California Department of Housing and Community Development (HCD). As the project initiator, and because of the legislative approvals involved, the City of Santa Clara is the Lead Agency with respect to this Addendum pursuant to §15367 of the CEQA Guidelines. Specifically, the Project requires the City of Santa Clara’s approval of a General Plan Amendment. No other governmental agencies have discretionary permitting authority with respect to approval of the proposed Project, and no Trustee Agencies, as defined in §21070 of the CEQA Statutes, has jurisdiction over resources such that Trustee agency approval is required for entitlement approval.

Under CEQA, the City must determine whether the proposed changes would require a new or supplemental EIR, or whether an addendum would suffice. Section 2, Project Description, provides detailed description of the proposed changes. In determining whether an addendum is the appropriate document to analyze the modifications to the project and its approval, State CEQA Guidelines Section 15164 (addendum to an EIR or Negative Declaration) states:
a) The lead agency 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 calling for preparation of a subsequent EIR have occurred. b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project.
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2 Addendum to the General Plan EIR
Admin Draft December 21, 2022
e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

1.2 – Addendum Analysis and CEQA Guidelines
This Addendum has been prepared pursuant to Public Resources Code Section 21166 and CEQA Guidelines Section 15162, 15164, and 15168(c). This Addendum evaluates the project’s potential environmental effects in light of those effects previously disclosed in the 2010 General Plan EIR and CEQA documents related to subsequent General Plan amendments to determine whether any of the conditions described in Guidelines Section 15162 calling for subsequent CEQA review have occurred.

The General Plan EIR is available for review at the City’s Planning Division, 1500 Warburton Avenue, Santa Clara, California 95050. CEQA Guidelines Section 15164(a) provides that the lead 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 calling for preparation of a subsequent EIR have occurred.” Sub-Section (c) further provides that an “addendum need not be circulated for public review but can be included in or attached to the final EIR,” and Sub-Section (e) states that a “brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included” in the addendum, the agency’s findings, or elsewhere in the administrative record.

CEQA Guidelines Section 15168(c)(2) provides that “if the agency finds that pursuant to Section 15162, no subsequent EIR will be required, the agency can approve the activity as being within the scope of the project covered by the EIR” and that “[w]hether a later activity is within the scope of an EIR is a factual question that the lead agency determines based on substantial evidence in the record.” SubSection (c)(4) further provides that “[w]here the later activities involve site-specific operations, the agency should use a written checklist or similar device to document the evaluation of the site and the activity to determine whether the environmental effects of the operation were within the scope of the EIR.” According to CEQA Guidelines Section 15162, once an EIR has been certified, no subsequent or supplemental EIR shall be prepared for a project unless the lead agency determines that one or more of the following occurs:

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 as complete or the negative declaration was adopted, shows any of the following:
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;
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Santa Clara 2023-2031 6th Cycle Housing Element Update 3 City of Santa Clara
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.

An addendum may be prepared if some changes or additions are necessary to a certified EIR and none of the above-stated conditions apply (CEQA Guidelines Section 15164). Per the above, this Addendum functions as both an “addendum” and a “written checklist,” as called for in CEQA Guidelines Section 15164(a) and 15168(c)(4). As such, this Addendum analyzes the proposed project’s potential environmental effects in light of those effects disclosed in General Plan EIR consistent with Guidelines Section 15162. Based on a review of the proposed project (as described in Section 2, Project Description) and surrounding circumstances (i.e., the Environmental Setting), this addendum concludes that there is no substantial change proposed that would require major revisions to the previous EIR; that there is no substantial change in circumstances as a result of project modifications that would cause new or substantially more severe significant impacts (see Section 3, Environmental Impacts and Mitigation Measures); and, that there is no new information of substantial importance that identifies new or more intense significant impacts (CEQA Guidelines Section 15162).

1.3 – Tiering
Section 15152 et al of the CEQA Guidelines describes “tiering” as a streamlining tool as follows:
(a) "Tiering" refers to using the analysis of general matters contained in a broader EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. (b) Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including general plans, zoning changes, and development projects. This approach can eliminate repetitive discussions of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy, or program to an EIR or negative declaration for another plan, policy, or program of lesser scope, or to a site-specific EIR or negative declaration. Tiering does not excuse the lead agency from adequately analyzing reasonably foreseeable significant environmental effects of the project and does not justify deferring such analysis to a later tier EIR or negative declaration. However, the level of detail contained in a first tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed.
(c) Where a lead agency is using the tiering process in connection with an EIR for a large-scale planning approval, such as a general plan or component thereof (e.g., an area plan or community plan), the development of detailed, site-specific information may not be feasible but can be deferred, in many instances, until such time as the lead agency prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. 1 – Introduction
4 Addendum to the General Plan EIR
Admin Draft December 21, 2022
(d) Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to affects which:
(1) Were not examined as significant effects on the environment in the prior EIR; or (2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means. (e) Tiering under this section shall be limited to situations where the project is consistent with the general plan and zoning of the city or county in which the project is located, except that a project requiring a rezone to achieve or maintain conformity with a general plan may be subject to tiering. (f) A later EIR shall be required when the initial study or other analysis finds that the later project may cause significant effects on the environment that were not adequately addressed in the prior EIR.

A negative declaration shall be required when the provisions of Section 15070 are met. (1) Where a lead agency determines that a cumulative effect has been adequately addressed in the prior EIR that effect is not treated as significant for purposes of the later EIR or negative declaration and need not be discussed in detail.
(2) When assessing whether there is a new significant cumulative effect, the lead agency shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. At this point, the question is not whether there is a significant cumulative impact, but whether the effects of the project are cumulatively considerable. For a discussion on how to assess whether project impacts are cumulatively considerable, see Section 15064(i).
(3) Significant environmental effects have been "adequately addressed" if the lead agency determines that:
(A) they have been mitigated or avoided as a result of the prior environmental impact report and findings adopted in connection with that prior environmental report; or (B) they have been examined at a sufficient level of detail in the prior environmental impact report to enable those effects to be mitigated or avoided by site specific revisions, the imposition of conditions, or by other means in connection with the approval of the later project.
(g) When tiering is used, the later EIRs or negative declarations shall refer to the prior EIR and state where a copy of the prior EIR may be examined. The later EIR or negative declaration should state that the lead agency is using the tiering concept and that it is being tiered with the earlier EIR. (h) There are various types of EIRs that may be used in a tiering situation. These include, but are not limited to, the following:
(1) General Plan EIR (Section 15166)
(2) Staged EIR (Section 15167)
(3) Program EIR (Section 15168)
(4) Master EIR (Section 15175)
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Santa Clara 2023-2031 6th Cycle Housing Element Update 5 City of Santa Clara
(5) Multiple-family residential development/residential and commercial or retail mixed-use development (Section 15179.5)
(6) Redevelopment project (Section 15180)
(7) Projects consistent with community plan, general plan, or zoning (Section 15183) This Addendum for the 2023-2031 Housing Element Update has been prepared to tier from the General Plan “Program” EIR of the City of Santa Clara dated January 2011 (See Appendix A), and subsequent environmental documents prepared for subsequent General Plan amendments. For the City of Santa Clara, documents by which the analysis recorded herein has been tiered from are available for public review at:

City of Santa Clara
Planning Division
1500 Warburton Avenue
Santa Clara, CA 95050

1.4 – Organization and Scope
Although this document is not an initial study, in the interest of thorough disclosure this document has been organized to comply with Section 15063 of the State CEQA Guidelines, which sets forth the required contents of an Initial Study. These include:
 A description of the project, including the location of the project (see Section 2)  Identification of the environmental setting (see Section 2.8)  Identification of environmental effects by use of a checklist, matrix, or other methods, provided that entries on the checklist or other form are briefly explained to indicate that there is some evidence to support the entries (see Section 3)
 Examination of whether the project is compatible with existing zoning, plans, and other applicable land use controls (see Sections 2.6 and 2.7)  The name(s) of the person(s) who prepared or participated in the preparation of the Initial Study (see Section 5.1)

1.5 – Conclusions
The City of Santa Clara may approve the proposed project based on this Addendum. The impacts of the proposed project remain within the impacts previously analyzed in the General Plan EIR and associated amendments (CEQA Guidelines Section 15164). The proposed project does not require any major revisions to the General Plan EIR. No new significant information or changes in circumstances surrounding the proposed project have occurred since the approval of the General Plan EIR and EIR’s related to subsequent specific plans and area plans that amended the General Plan. Therefore, the previous CEQA analyses completed for the General Plan EIR and associated amendments remain adequate. The applicable mitigation measures and/or conditions of approval from the General Plan EIR and associated amendments would be imposed on the proposed project as described herein. The proposed project does not require preparation of a new subsequent or supplemental EIR, due to either the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. As illustrated herein, the proposed project is consistent with the findings of the General Plan EIR and associated amendments and would involve only minor changes; therefore, an Addendum is appropriate CEQA compliance for the proposed project. 1 – Introduction
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Santa Clara 2023-2031 6th Cycle Housing Element Update 7 City of Santa Clara
2 Project Description

2.1 – Project Title
City of Santa Clara 2023-2031 6
th Cycle Housing Element Update

2.2 – Lead Agency Name and Address
City of Santa Clara
Planning Division
1500 Warburton Avenue
Santa Clara, California 95050

2.3 – Contact Person and Phone Number
John Davidson, Principal Planner
(408) 615-2478

2.4 – Project Location
The City of Santa Clara is located in north-central Santa Clara County (See Exhibit 1, Regional Context Map). Santa Clara is at the southern end of the San Francisco Bay, approximately 40 miles south of the City of San Francisco. The Planning Area encompasses all incorporated areas located within the boundaries of the City of Santa Clara.

2.5 – Environmental Setting
The City of Santa Clara is essentially built out and the existing land use pattern is predominantly characterized by single family neighborhoods, retail commercial corridors, and industrial/office employment centers (See Exhibit 2, Existing General Plan Land Use Map). These uses are largely separated by major transportation facilities located in the City. U.S. Highway 101 traverses east-west through the center of the City, while State Route 237 is located to the north and Interstates 880 and 280 skirt the southeast and southwest corners of the City, respectively. Existing transit lines include Caltrain, Altamont Commuter Express (ACE), Capitol Corridor, and Valley Transportation Authority (VTA) bus and light rail. The City of Santa Clara covers approximately 18.4 square miles of land, and is completely surrounded by neighboring cities: San José to the north, east and south, and Sunnyvale and Cupertino to the west. The City is located at the center of the Santa Clara Valley, between the Santa Cruz Mountains to the southwest and the Diablo Range to the northeast. Three seasonal creeks run through the City and empty into the southern portion of the San Francisco Bay: the San Tomas Aquino, Saratoga and Calabazas Creeks. Additionally, the City is bordered by the Guadalupe River to the northeast.

2.6 – General Plan Land Use Designations
Existing General Plan residential and mixed-use land use designations that support housing development within the City of Santa Clara include: Very Low Density Residential, Low Density Residential, Medium Density Residential, High Density Residential, Very High Density Residential, Neighborhood Mixed Use, Community Mixed Use, Regional Mixed Use, Downtown Core, Santa Clara Station Area, Urban Center/Entertainment, Transit Neighborhood, Village Residential, Urban Village, Urban Center, and High Density Flex.
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2.7 – Zoning Districts
Existing zoning districts that support housing development within the City of Santa Clara include: R1- 8L – Single-Family Larger Lot Area, R1-6L – Single-Family, R2-7L – Duplex, R3-18D – Low-Density Multiple-Dwelling, R3-25D – Moderate-Density Multiple-Dwelling, R3-36D – Medium-Density multipleDwelling, R3-M – Mobile Home Park, MU – Mixed Use, TMU – Transit-Oriented Mixed Use, VHDMU – Very High Density Mixed Use, TN – Transit Neighborhood, LSAP – Lawrence Station Area Plan, PHR5-100 – Patrick Henry Very-High-Density Residential Zone, UV-149D – Urban Village, VR-149D – Village Residential, UC-250D – Urban Center, and HD Flex – High Density Flex.

2.8 – Project Description
The proposed Project would amend the 2010-2035 City of Santa Clara General Plan. The City Council adopted the General Plan on November 16, 2010, and concurrently certified an Environmental Impact Report. Since that time, the Council has adopted a series of General Plan amendments, for which each one was accompanied by either an addendum to the General Plan EIR, a negative declaration, or a subsequent EIR. The most significant of these amendments are listed below:
 December 3, 2013: Adoption of 2013 Climate Action Plan and Negative Declaration  December 4, 2014: Adoption of 2015 – 2023 Housing Element and revisions to land use policies and EIR Addendum
 June 28, 2016: Related Santa Clara Project and EIR
 February 23, 2016: Mission Town Center EIR
 November 29, 2016: Lawrence Station Area Plan and EIR  July 17, 2018: 575 Benton Project and Addendum to Mission Town Center EIR  July 9, 2019: Gateway Crossings Project and EIR
 March 22, 2022: Patrick Henry Drive Specific Plan and EIR  June 7, 2022: Adoption of 2022 Climate Action Plan and EIR Addendum  June 7, 2022: Freedom Circle Future Focus Area Plan, 3905 Freedom Circle Mixed-Use Project, and EIR
References in this document to the “Subsequent EIRs” include all of the environmental documents listed above.

The specific amendments contemplated include the adoption of the 2023–2031 Housing Element of the Santa Clara General Plan, implementation of identified programs and polices set forth in the draft Housing Element, and General Plan text amendments that would allow for zoning code standards to align with current uses (See Appendix B). The State of California has mandated that all local jurisdictions within the Bay Area have approved updated Housing Elements to reflect current “fair share” housing allocations for each City and County. The State Housing and Community Development Department (HCD) reviews all Housing Elements to determine compliance with State Law governing the content of these Elements.

Housing Element Requirements
The Housing Element is one of seven required elements of the General Plan. It addresses existing and future housing needs of persons in all economic segment groups and serves as a tool for decisionmakers and the public in understanding and meeting housing needs in Santa Clara. While the law does not require local governments to actually construct housing to meet identified needs, it does require that the community address housing needs in its discretionary planning actions by creating opportunities for 2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 9 City of Santa Clara
housing in the land use plan and facilitating housing development through policy. Housing Elements are legal documents, included within a community’s General Plan, that identify housing related conditions, provide an assessment of housing needs for the next eight-year period of time, identify housing resources, identify housing opportunities and constraints, and establish policies, programs, and quantified housing objectives to achieve City housing needs.

Statutory Requirements
State law requires that all housing elements address four key topics: 1) housing needs, 2) constraints to housing development, 3) housing resources, and 4) a housing plan. Analysis of these topics provides the foundation for the preparation of a housing element. Article 10.6, Section 65580 – 65589.11, Chapter 3 of Division 1 of Title 7 of the Government Code sets forth the legal requirements for a housing element and encourages the provision of affordable and decent housing in suitable living environments for all communities to meet statewide goals. The 2023-2031 Housing Element update is a policy document of the City of Santa Clara regarding current and projected future housing needs, and the City’s goals, policies, and programs to address those identified needs, and represents a focused update to the City’s adopted 2015-2023 Housing Element, which was found to be fully in compliance with State law by the California Department of Housing and Community Development (HCD).

Housing Needs Assessment
Several factors influence the demand for housing in Santa Clara. The four major needs categories considered in the Housing Element include: 1) current population and population growth, including age, race, ethnicity, and employment; 2) household characteristics, including household type, income levels, and the presence of special needs populations; 3) housing stock characteristics, including overcrowding, housing condition, and housing cost; and 4) housing needs of "special needs groups" such as persons with disabilities, the elderly, large households, farmworkers, female-headed households, and people experiencing homelessness.

The City of Santa Clara 2023-2031 Housing Element profiles key community demographics and examines the related housing needs of various groups, including owners versus renters, lower-income households, overcrowded households, elderly households, special needs groups, and homeless persons. This information is detailed in the Housing Element Update (See Appendix B). California Housing Element law requires a quantification of each jurisdiction’s share of the regional housing need as established in the RHNA-Plan prepared by the jurisdiction’s council of governments. The California Department of Housing and Community Development (HCD), in conjunction with the Association of Bay Area Governments (ABAG), determine a projected housing need for the region covered by ABAG. This share, known as the Regional Housing Needs Allocation (RHNA), is 441,776 new housing units for the 2023-2031 planning period throughout the ABAG region. ABAG has, in turn, allocated this share among its constituent jurisdictions, distributing to each its own RHNA divided along income levels. The City of Santa Clara has a RHNA of 11,632 housing units to accommodate in the housing element period, with the units distributed among the four income categories shown in Table 1 (City of Santa Clara RHNA (2023-2031)).

Table 1
City of Santa Clara RHNA 2023-2031
Income Group
Income Category
(%AMI)
RHNA (Housing
Units)
Percentage of Total
Housing Units
Very Low <50% 2,872 25%
Low 50-80% 1,653 14%
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Moderate 80-120% 1,981 17%
Above Moderate >120% 5,126 44%
Total 11,632 100%
Source(s): Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031, Updated March 2022.

Note(s):
1 AMI = Area Median Income
2 Pursuant to AB 2634, local jurisdictions are required to project the housing needs of extremely low-income households (0-30% AMI) and considers this income group a subset of the very-low income category. In estimating the number of extremely low-income households, a jurisdiction can use 50% of the very low-income allocation or apportion the very low-income figure based on Census data.

Progress Towards the RHNA
Since the RHNA uses June 30, 2022, as the baseline for growth projections for the Housing Element planning period of 2023 to 2031, jurisdictions may count units approved, proposed, or under construction that are anticipated to be complete (have a Certificate of Occupancy) after June 30, 2022.

Proposed and approved residential development projects credited toward the RHNA include a variety of affordable and market rate projects in various stages of the development process. Many of these projects are concentrated within Specific Plan areas and along major thoroughfares. Approved and proposed projects are credited toward the RHNA based on the affordability and unit count of the development. A total of 12,712 units from the following approved and proposed project list are expected to be completed within the planning period. Combined, these pipeline projects can accommodate 12,712 total units as shown in Table 2 (Approved and Proposed Projects). Although there is a surplus of above moderate units, the City has a remaining RHNA of 1,033 moderate-income units and 3,698 lower-income units to be addressed through ADU projections and site identification.

Table 2
Approved and Proposed Projects
Site/Credit Type Total Units Project Status
Tasman East Focus Area Specific Plan
TE 2233 Calle Del Mundo (St. Anton) 196 Under Construction TE 2300 Calle De Luna (Related) 700 Under Construction
TE 5123 Calle Del Sol (Ensemble) - Phase I & II 503 Approved/Under Construction TE 2200 Calle De Luna (Holland) 580 Approved
TE 2225 Calle de Luna & 2232 Calle del Mundo 371 Approved TE 2263 Calle Del Mundo (Ensemble) 301 Approved
TE 2302/2310 Calle Del Mundo (Ensemble) 151 Approved
TE 2343 Calle Del Mundo (Summerhill) 347 Approved
TE 2354 Calle Del Mundo (Ensemble) 89 Approved
TE 2101 Tasman Drive (Related) 950 Proposed
TE 5185 Lafayette (Ensemble) 271 Proposed
Patrick Henry Drive Focus Area Specific Plan
PHD Summerhill 300 Proposed
PHD Sares Regis 800 Pre-application 1
PHD Walnut Hill 416 Pre-application 2
Lawrence Station Area Plan
LSAP 3580 Rambla Pl (Summerhill) 286 Under Construction LSAP 2961 Corvin Drive (Toll Brothers) 38 Under Construction LSAP 3305 Kifer Road (Toll Brothers) 45 Under Construction LSAP 3517 Ryder St (Westlake Urban) 328 Approved
Freedom Circle Focus Area
2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 11 City of Santa Clara
3905 Freedom Circle Mixed-Use Project (Greystar) 1,075 Approved Other
Villa Bella Residential Project 56 Under Construction
3035 El Camino Real Residential Project 48 Under Construction 3945 Stevens Creek Blvd - The Meridian 59 Under Construction 2330 Monroe Street Affordable Housing Project (Freebird) 65 Under Construction Agrihood Mixed-Use Development Project 361 Under Construction Laguna Clara II (Equity) 183 Under Construction
Gateway Crossings (Hunter/Storm) - Phase 1 725 Under Construction Clara Gardens - 3550 El Camino Real 120 Approved/Under Construction 1530-1540 Pomeroy Avenue Residential Project 8 Approved Related Santa Clara - Phase 1 1,680 Approved
Gateway Crossings (Hunter/Storm) - Phase 2 840 Proposed 950 Monroe Street Mixed-Use Project 54 Proposed
TOTAL PENDING AND APPROVED PROJECTS 11,946
Source(s): City of Santa Clara, June 2022.

Note(s): All calculations were rounded down. There are likely discrepancies due to rounding down between the row and column totals.
1 Application expected Dec 2022
2 Application expected early 2023
Approved Projects
Approved projects have been reviewed for compliance with applicable Codes and regulations and have received planning entitlement approval. Projects will proceed through the building permit application review, issuance, and construction process within the planning period.

Projects Under Construction
These projects are under construction, with anticipated completion and occupancy permits to be finalized after June 30, 2022.

Pending/Under Review Projects
Approved projects have been reviewed for compliance with applicable Codes and regulations and have received planning entitlement approval. Projects will proceed through the building permit application review, issuance, and construction process within the planning period.

Default Density Assumptions
The California Government Code states that if a local government has adopted density standards consistent with the population-based criteria set by State law (at least 30 units per acre for Santa Clara), HCD is obligated to accept sites with those density standards (30 units per acre or higher) as appropriate for accommodating the jurisdiction’s share of regional housing need for lower-income households. Default density is considered by the State sufficient to provide market-based incentives for the development of housing for lower-income households.

The Santa Clara General Plan (adopted in 2010) identifies ten Focus Areas appropriate for higher density residential and mixed-use development. A detailed discussion of density assumptions and the affordability level of sites is included below.

Site Suitability and Lot Consolidation
Consistent with Housing Element law related to the suitability of small and large sites, the inventory of lower-income sites is limited to parcels between 0.5 and 10 acres in size. Due to the City’s historical parcelization pattern, the inclusion of small sites in the inventory is expected. To adhere to State law and HCD guidance, small sites (under 0.5 acres) are not used to meet the lower-income RHNA. There 2 – Project Description
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are 10 available sites included in the inventory with a parcel size under 0.5 acres. All of these are located in the Tasman East Specific Plan area and range between 0.458 and 0.482 acres. Parcels of similar size have been developed with residential within the last housing element cycle in the Tasman East Specific Plan area. While these sites have densities that are appropriate for lower-income RHNA sites and meet the default density standard, they are all credited toward the moderate- and above moderateincome categories. No sites in the inventory are larger than 10 acres. Although many of the parcels identified as sites are adjacent to one another, no lot consolidation is assumed.

Realistic Capacity and Suitability of Non-Vacant Sites
Housing Element law requires jurisdictions to demonstrate that the land inventory is adequate to accommodate that jurisdiction’s share of the region’s projected growth. Santa Clara has a remaining RHNA of 4,985 units to be achieved through the identification of sites. The City has various residential and mixed-use development opportunities on sites that are currently available, although all sites are non-vacant. All available sites are within Specific Plan areas. Each project demonstrates that the project’s actual density was developed higher than the minimum density allowed. Because each Specific Plan has its own distinct land use designations and affordability requirements, realistic capacity for available sites was calculated based on the average of percent above minimum density allowed per Specific Plan of existing and approved projects. Percent above the minimum density allowed was used to remain conservative, realistic, and to account for the wide range of Specific Plan densities allowed (from 20 du/ac in Lawrence Station to 350 du/ac maximum in Tasman East). In every case, claiming realistic capacity using the methodology and assumptions defined here yields total unit counts below the maximum density allowed.

Development Trends and Realistic Capacity
Current development trends in the Specific Plan areas show that a range of medium to high residential density is feasible, realistic, and appropriate to accommodate housing for all income levels. Since the City’s adoption of the Lawrence Station Area Plan and Tasman East Specific Plan, Santa Clara has seen an uptick in development and development interest.

Densities Appropriate for Accommodating Lower-Income Housing The capacity of sites that allow development densities of at least 30 units per acre are credited toward the lower-income RHNA based on State law. The California Government Code states that if a local government has adopted density standards consistent with the population-based criteria set by State law (at least 30 units per acre for Santa Clara), HCD is obligated to accept sites with those density standards (30 units per acre or higher) as appropriate for accommodating the jurisdiction’s share of regional housing need for lower-income households. All available sites included in this inventory, except for three sites zoned Medium Density Residential (20-36 du/ac), have density standards of 30 units per acre or higher. Located within the Lawrence Station Area Plan, the three sites zoned Medium Density Residential (20 – 36 du/ac) are credited toward the moderate- and above-moderate income categories.

To create a more conservative and realistic estimate of affordability for Santa Clara, available sites that qualify for one hundred percent affordable units based on the allowed density are split evenly between the very low-, low-, and moderate-income categories 33.33 percent, 33.33 percent, and 33.33 percent, respectively.

Re-use of Sites
AB 1397 (2017) requires that specific parameters be placed on sites that were used in previous Housing Element planning cycles but did not develop and are identified in the current Housing Element to meet 2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 13 City of Santa Clara
the lower-income RHNA. However, as noted in HCD guidance documents, due to updates in the prior planning period to the General Plan or other planning activities, such as the creation of a specific plan, some sites previously identified in the Housing Element may have been rezoned during intervening years to allow a higher density, thereby increasing the potential housing capacity of the site. Because the zoning characteristics of such a site have changed, that site can be considered a new site for the purposes of the housing element inventory.

All sites in this Housing Element are Specific Plan and focus area parcels, including some previously identified in the fifth cycle. Parcels identified in the fifth cycle subsequently rezoned to a higher density through their respective Specific Plan processes were not rezoned to accommodate a shortfall; rather, the rezoning was conducted to implement General Plan policy. Thus, no sites are subject to the reuse provisions of AB 1397 (2017).

No Net Loss Provision
Government Code Section 65863 stipulates that a jurisdiction must ensure that its Housing Element inventory can accommodate its share of the RHNA by income level throughout the planning period (2023-2031). If a jurisdiction approves a housing project at a lower density or with fewer units by income category than identified in the Housing Element, it must quantify at the time of approval the remaining unmet housing need at each income level and determine whether there is sufficient capacity to meet that need. If not, the city must “identify and make available” additional adequate sites to accommodate the jurisdiction’s share of housing need by income level within 180 days of approving the reduceddensity project. This provision is commonly referred to as the "no net loss” provision of Housing Element law.

ADU Projections
Since 2017, the State legislature has passed a series of laws that significantly increase the potential for development of accessory dwelling units (ADUs) and Junior ADUs (JADUs) by removing development barriers, allowing ADUs through ministerial permits, and requiring jurisdictions to include programs in their housing element that incentivize ADU development. Interest in constructing ADUs is high in Santa Clara and continues to grow. In 2018, the City issued 21 ADU building permits. In 2019, the number increased to 51 annual building permits, with similar numbers in 2020 (45 ADU building permits) and 2021 (53 ADU building permits). This represents a 152 percent increase in ADU production in Santa Clara between 2018 and 2021. The City estimates that interest will continue to increase over the next few years, given the many single-family neighborhoods citywide that create capacity for additional ADUs. As of June 2022, 53 percent (or 16,103 parcels) of total parcels were zoned for single-family housing, totaling 2,504 acres. ADUs are permitted on single-family, multi-family, and mixed-use lots, including R1, R2, and R3 zoning districts, which represent a significant number of lots in Santa Clara.

As an incentive to ADU production, the City does not charge a Planning fee for review/processing ADU requests. Also, State law allows jurisdictions to charge impact fees on ADUs over 750 square feet, but the City of Santa Clara does not. The City has also exempted ADUs/JADUs from providing parking .

The slight dip in ADU production in 2020 may be due to the COVD-19 pandemic and other events of 2020. In 2021, the City had the highest number of ADU building permits to date, which is likely more representative of ADU production moving forward based on ADU trends in Santa Clara, new and pending favorable ADU legislation that created new incentives and streamlined processes to build ADUs, and the pent-up demand for additional housing in the Bay Area. While it is impossible to predict with certainty the exact number of ADUs that will be developed during the planning period (2023-2031), the City conservatively estimates:
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 An average of 43 ADUs per year will be constructed throughout the planning period. This reflects the average number of building permits issued for ADUs between 2018 and 2021. Given the anticipated increase in ADUs over the near term, this is a conservative estimate.  A total of 344 ADUs can be predicted to be constructed during the planning period.

The affordability assumptions for ADU projections are based on ABAG’s ADU affordability analysis endorsed by HCD.1
Site Selection
The Housing Element sites inventory, in addition to the list of pending and approved projects, includes accessory dwelling unit (ADU) projections and vacant and underutilized sites within Specific Plan areas zoned for high-density residential and mixed-use development. These latter two categories have been used to demonstrate that the RHNA for the extremely low-, very low-, low- and moderate-income categories can be accommodated during the planning period. As the discussion below concludes, the sites have no identified constraints that would prevent development or reuse during the Housing Element period. Table 3 (Sites to Meet the RHNA), below, summarizes the sites inventory.

Table 3
Sites to Meet the RHNA
Site
Affordability Category
Total
Very Low Low Moderate Capacity
Above
Moderate
Pending and Approved Projects 390 320 811 9,566 11,946
ADU Projection 102 102 102 34 340
Available Specific Plan Sites 3,049 3,049 3,354 305 9,808 Total 3,541 3,471 4,267 9,905 22,094
RHNA 2,872 1,653 1,981 5,126 11,632
Difference +669 +1,818 +2,286 +4,779 +10,462
Source(s): Final Regional Housing Needs Allocation (RHNA) Plan: San Francisco Bay Area, 2023-2031, Updated March 2022. Technical Assistance for Local Planning, Housing – Using ADUs to Satisfy RHNA, Technical Memo, March 2022.

Patrick Henry Drive Specific Plan, March 2022. Lawrence Station Area Plan, Neighborhood Transit- Oriented Development Plan, Nov. 2016. Tasman East Focus Area Specific Plan, Nov. 2020.

Note(s): AMI = Area Median Income
Available Specific Plan Sites
Plan Bay Area 2050 Growth Geographies
The Metropolitan Transportation Commission (MTC) and ABAG jointly adopted Plan Bay Area 2050 in October 2021. Thirty-five strategies make up the heart of the plan to improve housing, the economy, transportation, and the environment across the Bay Area’s nine counties. Throughout Plan Bay Area 2050, Growth Geographies are geographic areas used to guide where future growth in housing and jobs would be focused under the plan’s strategies over the next 30 years. These geographies are identified for growth either by local jurisdictions or because of their proximity to transit or access to opportunity. All sites included in the Housing Element are considered Priority Development Areas (PDAs), defined as areas generally near existing job centers or frequent transit that are locally identified (i.e., identified by towns, cities, or counties) for housing and job growth.

1 ABAG estimates an affordability breakdown of ADUs as follows: 30% very low-income, 30% low-income, 30% moderate-income, and 10% above moderate-income. Technical Assistance for Local Planning, Housing – Using ADUs to Satisfy RHNA, Technical Memo, March 2022. 2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 15 City of Santa Clara
2010-2035 General Plan Focus Areas, Focus Area Plans, and Related Planning Efforts In 2010, the City of Santa Clara adopted its comprehensive 2010-2035 General Plan, which included identification of nine focus areas throughout the City, listed in Table 4 (General Plan Focus Areas).

These areas were chosen for their potential to significantly define Santa Clara’s identity as a place in transition from a suburb to a regional economic center. The opportunity to develop at a higher density near transit is central to this new identity. A comprehensive plan, such as a specific plan, is a required prerequisite for new residential development within a focus area. The purpose of these plans and the prerequisite requirements ensure that new neighborhoods are self-sufficient, with easy access to retail, services, and public amenities. Specific Plans also ensure that adequate public services and facilities are provided in tandem with new development. In 2014, the City initiated updates to the Housing Element and Land Use policies that identify and require future development to be comprehensively planned through the preparation of Specific Plans within the Lawrence Station and Tasman East Focus Areas. Of the nine focus areas identified in the 2010-2035 General Plan, four have resulted in Specific Plans, three of which have been adopted. The Freedom Circle Future Focus Area was added to the General Plan in June 2022, while preparation of this sixth cycle Housing Element was well underway.

A specific plan has not been drafted or adopted for this focus area, and therefore the focus area, with the exception of the Greystar site that had its own approved General Plan Amendment and Rezoning to allow residential development, was not included in the sites inventory. However, properties within that planning area could become available during the planning period if a specific plan were adopted, helping to guard against the loss of affordable housing capacity.

Table 4
General Plan Focus Areas
2010-2035 General Plan Focus Area Related Planning Effort Status Downtown Focus Area Santa Clara Downtown Precise
Plan Draft, Nov. 2022
Santa Clara Station Focus Area None N/A
Stevens Creek Boulevard Focus Area None N/A
El Camino Real Focus Area El Camino Real Specific Plan Draft May 2021 Lawrence Station Focus Area Lawrence Station Area Plan Adopted Nov. 2016 Tasman East Focus Area Tasman East Focus Area Specific
Plan
Adopted Nov. 2018; Revised,
Nov. 2020
Great America Parkway Focus Area Patrick Henry Drive Focus Area Specific Plan Adopted, Mar. 2022
Freedom Circle Focus Area Freedom Circle Future Focus
Area Plan Adopted, June 2022
Central Expressway Focus Area None N/A
De La Cruz Focus Area None N/A
Source(s): City of Santa Clara 2010-2035 General Plan, Nov. 2010. Patrick Henry Drive Specific Plan, March 2022. Lawrence Station Area Plan, Neighborhood Transit-Oriented Development Plan, Nov. 2016. Tasman East Focus Area Specific Plan, Nov. 2020.

Focus Areas and Specific Plans
A considerable portion of Santa Clara is designated for specific plan development. The City has three approved Specific Plans with a significant number of sites and residential development capacity remaining. Combined, the sites identified in the Lawrence Station, Tasman East, and Patrick Henry Drive Specific Plan areas have enough capacity to satisfy the outstanding RHNA (i.e., the remaining RHNA after pending and proposed projects in Table 2), with 6,336 total units distributed among the four income categories as shown in Tables 3 and 4. The Specific Plan areas provide opportunities for development of market-rate and affordable housing. Development types authorized by the approved 2 – Project Description
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Specific Plans include multi-unit and mixed-use development. None of the listed Specific Plan areas have any site restrictions or governmental constraints that would impede development. Further detail is provided in the following sections. The Specific Plan sites have a high level of certainty to develop given that:
 Through the adoption and implementation of each City-initiated Specific Plan, all parcels within each area have been re-zoned to accommodate high density residential development.  Specific parameters for densities, uses, development standards, and minimum affordability requirements have already been established.
 No recent, significant enhancements have been made to these sites.  Infrastructure is either in place, or planned for, in support of proposed land uses, addressing transportation, wet utilities, solid waste management, and energy services and systems. For both the Tasman East and Patrick Henry Drive Specific Plans, an infrastructure fee has been created to apportion costs between developers in the Plan Areas.  Redevelopment of nonresidential uses into high density residential and mixed-use has already occurred, illustrating developer and property owner interest and the financial feasibility of site redevelopment.
 All land use designations within the Specific Plan areas have established minimum densities.  No land use designation in the Tasman East Specific Plan or Lawrence Station Area Plan areas allows for stand-alone nonresidential uses.
 The City has financial resources available to support the development of affordable housing.  All developments in the Tasman East Specific Plan area adhere to the affordable housing requirements referenced in Section 17.40.115 of the Santa Clara City Code. For-sale and rental affordable units shall be maintained as affordable housing for not less than 20 years applicable to for-sale units and 55 years applicable to rental units.  In recognition of the conversion of employment uses to residential land, the Patrick Henry Specific Plan calls for a higher level of affordability than is required by ordinance. Affordable housing requirements for the Patrick Henry Specific Plan will provide 15 percent affordable units split equally between three affordability levels of 50 percent, 80 percent, and 120 percent of Area Median Income (AMI).
 Additionally, affordability by design in Specific Plan areas is encouraged, with the development of smaller units targeted for those who desire a walkable, urban lifestyle.

Tasman East Focus Area Specific Plan
Adopted in November 2018, the Tasman East Specific Plan regulates the development of 46.1 acres of land located near the City’s northern boundary. Approved for the development of 4,500 units, full buildout of the area will likely occur by 2038. The Specific Plan area includes 34 parcels situated east of Lafayette Street, north of Tasman Drive, west of the Guadalupe River Trail, and south of the Santa Clara Tennis and Golf Club property. Each parcel of one acre or more in size is required to accommodate a minimum density of 100 dwelling units per acre. Each parcel of less than one acre in size is required to achieve a minimum density of 60 dwelling units per acre. There are no density maximums for individual parcels. Approximately half of the Tasman East Specific Plan’s parcels, on 31 acres, have been redeveloped from a mix of light industrial and business park uses to a high density residential neighborhood with a mix of uses at the ground floor. Eleven projects within the Specific Plan area were counted toward the sixth cycle RHNA as approved, proposed, or under construction. The area’s remaining parcels, on 10 acres, have been identified as sites and remain to be re-developed.

Assuming the realistic capacities, on a parcel-level, the remaining Tasman East Specific Plan area sites identified in this Housing Element can accommodate a total of 913 units. 2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 17 City of Santa Clara
Lawrence Station Area Plan
The Santa Clara Lawrence Station Area Plan Area is located northeast of the Lawrence Caltrain Station, bounded by Central Expressway to the north, Kifer Road to the South, Lawrence Expressway to the west, and Calabazas Creek to the east, encompassing approximately 72 acres (65 acres of developable land area excluding existing public right-of-way). Adopted in 2016, the Lawrence Station Area Plan is largely developed. Residential uses have replaced the areas original uses: one- and two-story buildings, generally occupied by light industrial (including manufacturing and warehousing uses), office (including R&D and data centers), and various other commercial uses. Originally approved for the development of 3,500 residential units, 13 parcels, on approximately 30 acres, remain to be developed and are included in this Housing Element’s site selection. Assuming realistic capacities, on a parcel-level, the remaining Lawrence Station Area Plan sites identified in this Housing Element can accommodate a total of 2,756 units.

Patrick Henry Drive Focus Area Specific Plan
In March 2022, the City Council approved the Patrick Henry Drive Specific Plan. The planning area encompasses approximately 73.59 acres bounded by Sunnyvale and Calabazas Creek to the west, the southern edge of San Francisco Public Utilities Commission right-of-way to the north, Great America Parkway to the east, and Mission College to the south. As one of the City’s first high-density residential neighborhoods, Patrick Henry Drive will add thousands of units to better balance the City’s jobs-housing ratio, a share of which will be income restricted to help meet regional and local affordability goals.

Several regional destinations and amenities are nearby, including Levi’s Stadium, Great America Theme Park, and the Santa Clara Convention Center. The VTA light rail station at Old Ironsides and Tasman Drive is just over one-half mile, or an approximately 10-minute walk, from the center of the Specific Plan area. The Patrick Henry Drive Specific Plan resulted from a collaborative planning effort involving the City, area property owners, and the Santa Clara community. The plan will create a 73.59- acre high-density, residential neighborhood located near regional destinations, including job-centers, transit, and other amenities. At buildout, the project will accommodate up to 12,000 new residential dwelling units and 310,000 square feet of nonresidential uses, including 200,000 square feet of other new neighborhood-serving retail and public facilities, such as libraries and community spaces. New and improved pedestrian and bicycle connections, trails, and parks will link neighborhoods and enhance connections to nearby amenities and recreation destinations. Careful planning will ensure adequate infrastructure and services to support the proposed new development. Targeted residential densities range from a minimum of 51 dwelling units per acre to a maximum of 250 units per acre. These densities will help meet the demand for housing that addresses job and retail growth in the City and region.

Assuming the realistic capacities, on a parcel-level, the Patrick Henry Drive Specific Plan sites identified in this Housing Element can accommodate a total of 6,139 units.

General Plan Amendment
The proposed Housing Element Update includes amendments to the General Plan removing the following three Future Focus Areas: Lawrence Station Phase II, De La Cruz, and Central Expressway. ( These Future Focus Areas were determined internally to have limited value for residential uses based on existing uses both in and around the to-be-deleted Future Focus Areas. None of these future focus areas were included in the inventory of sites for potential future housing element, in either the proposed housing element or any prior housing element. The project also amends the General Plan to make the High-Intensity Office District more relevant to current business practices by removing the 10% cap on manufacturing uses in the High-Intensity Office/Research and Development designation and removing the 20% manufacturing cap from the Low-Intensity Office/Research and Development designation. The General Plan Amendment also proposes to allow medical facilities on a limited basis in the Low- and High-Intensity Office/Research and Development designations. 2 – Project Description
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Proposed Housing Element Update Goals and Policies
The Housing Element Update’s goals and policies have been established to meet state law housing requirements and support the City’s vision of providing decent housing and a suitable living environment for every resident. The Housing Plan identifies the City’s goals for neighborhood conservation, housing production, housing support, and housing opportunities. The goals are supported by policies which are implemented through a series of actions. To make adequate provision for the housing needs for people of all income levels, the Housing Element Update includes the following goals and policies:

Goal A Create and maintain high-quality, livable, and diverse housing stock within the City of Santa Clara.

Policy A-1: Maintain and improve the quality of residential housing stock, address housing deficiencies and prevent future blight through the encouragement of ongoing maintenance, rehabilitation, and conservation of existing housing stock.

Policy A-2: Provide residential code enforcement for conformance with City Code and Zoning Ordinance regulations.

Policy A-3: Utilize objective design standards to streamline the housing development process.

Policy A-4: Seek collaborative efforts with regional entities and utility service providers to subsidize and incentivize residential energy and water conservation.

Policy A-5: Proactively plan for sufficient housing capacity through infill development that is compatible with existing neighborhoods and through the preparation of neighborhood plans that will support the development of new, complete neighborhoods.

Goal B Designate suitable vacant or underutilized sites for new residential development.

Policy B-1: Identify potential sites for affordable housing units in areas of “high opportunity” as defined by the state.

Policy B-2: Encourage the building of high-density housing on appropriate vacant or underutilized sites.

Policy B-3: Identify and facilitate the award of local, regional, state, and federal funding sources to support housing development, housing infrastructure, and amenities.

Policy B-4: Identify and potentially designate surplus land that can accommodate low, very-low, and extremely low-income residential development.

Policy B-5: Encourage high density residential development utilizing the City’s higher density and mixed-use residential designations in proximity to transit and other residential services.

Goal C Increase special needs housing opportunities for persons of all economic levels.

Policy C-1: The City shall collaborate with services agencies and community-based organizations to prioritize loans and grants toward housing for seniors, persons with disabilities, persons with mental illness, large families with children, female-headed households, victims of domestic violence, and people who are experiencing homelessness. 2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 19 City of Santa Clara
Policy C-2: Improve proximity and connections between special needs housing and high-quality transit stops, job centers, educational institutions, day care, open space, community services, and healthy food options.

Policy C-3: Participate in local, regional, State, and federal programs and efforts that support affordable, transitional, supportive, and permanent housing and address the needs of disadvantaged populations and those experiencing homelessness.

Policy C-4: Ensure compliance with all State and federal regulations relating to housing opportunities and the prevention of discrimination based on religion, gender, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or mental or physical disability and any other protected classes under federal and State law.

Goal D Promote a variety of housing types, tenure, and location, including higher density where possible, especially for lower and moderate income and special needs households.

Policy D-1: Continue to identify and apply for funding that supports the development of housing for extremely-low and very low-income residents and special needs households.

Policy D-2: Continue to utilize General Plan land use and zoning updates to provide increased opportunity and flexibility in providing a variety of housing types and tenure.

Policy D-3: Periodically review the City’s ordinances, policies, and procedures and make changes as necessary to reduce or remove constraints to housing development.

Policy D-4: Promote the use of density bonuses and development incentives to facilitate a variety of housing types and tenure.

Policy D-5: Encourage the construction of accessory and junior accessory dwelling units through outreach, education, and links to regional technical assistance.

Goal E Affirmatively further fair housing by increasing access to opportunity, reducing displacement impacts, reducing cost burden, targeting outreach to lower income residents, and rehabilitating substandard living conditions.

Policy E-1: Improve access to opportunity by working to improve the quality of life for residents of lower income communities, as well as supporting residents’ mobility and access to ‘high resource’ neighborhoods.

Policy E-2: Work to reduce displacement of lower income residents from Santa Clara and to reduce the impact of relocation on low-income households.

Policy E-3: Conduct proactive outreach in areas of the City with less access to opportunity, to build awareness of services including fair housing complaint investigation, landlord tenant mediation, eviction and homelessness prevention counseling, and opportunities to apply for new affordable housing through the HouseKeys application portal.

Policy E-4: Conduct regular outreach, education, and affirmative marketing with community partners that have access to populations experiencing disproportionate housing problems and 2 – Project Description
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encourage early participation from a diverse set of residents and other stakeholders in the development of long-range plans and the review of new development proposals.

Policy E-5: Increase public participation by translating public outreach documents (e.g., flyers, surveys) as part of the public participation process and when marketing the City’s affordable housing lotteries.

Policy E-6: Continue to provide, when appropriate and feasible, options for either virtual, in-person, or hybrid community meetings to allow for broader community participation.

Housing Element Update Implementing Actions
Each Goal outlined in the Housing Plan is supported by one or more policies, which are often implemented by specific actions. Many of the identified actions below will implement multiple policies and goals. Some policies offer direction to Staff and appointed/elected officials in making decisions related to the provision of housing but are not implemented through specific housing programs.

Action 1: Provision of a Variety of Housing Types
The City of Santa Clara supports and encourages the development of a variety of housing types to rent and to own in a variety of locations to maintain social and economic diversity in the community. During the Housing Element planning period, the City will promote the development of accessory units, affordable one- and two-story additions to single-family homes, and other lower income housing alternatives.

Action 2: Affordable Housing Ordinance
The City’s Affordable Housing Ordinance requires developers of residential developments of 10 or more units to provide the following:
 Rental projects - 15% of rental units must be affordable to renters of extremely low, very low, low, and moderate income households, as long as the distribution of affordable units averages to a maximum of 100% of AMI.
 For sale/ownership projects - 15% of units must be affordable to extremely low, very low, low, and moderate income households, as long as the distribution of affordable units averages to a maximum of 100% of AMI.

The Affordable Housing Ordinance has two components: Below Market Rental (BMR) program and Below Market Purchase (BMP) program. The City offers BMR and BMP units to income-qualified households. This program is an important tool for providing very low, low, and moderate income housing opportunities.

Action 3: Affordable Housing Incentives and Facilitation For-profit and nonprofit developers play a significant role in providing affordable housing in Santa Clara.

The City will proactively encourage and facilitate the development efforts of developers and organizations for the construction of affordable housing for lower income households, particularly those with special needs including seniors, large households, extremely low income households, households with persons who have disabilities (including developmental disabilities), and licensed residential care homes.

Action 4: Maintenance of Housing Stock
Since 1976, the City of Santa Clara has assisted more than 1,000 homeowners to rehabilitate and increase the value of their homes through the Neighborhood Conservation and Improvement Program (NCIP). Under the direction of the City of Santa Clara Housing and Community Services Division and 2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 21 City of Santa Clara
in partnership with Rebuilding Together Silicon Valley, NCIP offers technical and financial assistance to qualified homeowners. The program is designed for citywide households with gross incomes at or below 80 percent of County median income. Various types of minor and major repairs may be addressed including accessibility improvements, re-roofing, plumbing, heating/cooling, electrical, termite damage, foundation, and weatherization. The costs for home repairs are covered through a grant or a loan depending on the size of the project. The Multi-Family Affordable Energy Efficiency program allows for the City’s special revenue funds in partnership with Silicon Valley Power (SVP) to pay for energy consultants to recommend and create a scope of work for specific SVP project rebates.

The program also allows for the City to provide assistance for the cost of installation and facilitate the grant administration process.

Action 5: Preservation of Assisted Rental Housing
To meet the housing needs of persons of all economic groups, the City is committed to guarding against the loss of housing units reserved for lower income households. Five assisted rental projects in Santa Clara are identified to be at potential low risk of conversion to market rate use in 2028-2031.

Action 6: Acquisition of Multi-Family Housing
As a strategy to expand the City’s affordable housing inventory, Santa Clara will continue to explore opportunities for the acquisition/rehabilitation of multi-family housing. As funding permits, the City will work with nonprofit organizations to acquire and rehabilitate deteriorating and distressed properties and convert them into affordable rental housing for lower income households, including those with special needs.

Action 7: Code Enforcement Program
Code enforcement is essential to ensuring housing conservation and rehabilitation. The City maintains a strong housing inspection and code enforcement program to ensure adequate maintenance of the housing stock and quality of residential neighborhoods. In an average year, the City receives several thousand complaints related to possible code enforcement violations. In many cases, the responsible party for the code violation is given the opportunity to voluntarily correct the situation and comply with current codes without a penalty.

Action 8: Neighborhood Relations Programs
Since 1990, the Neighborhood-University Relations Committee (NURC) (formerly Student Housing Committee) has been responsible for reviewing student housing issues. NURC meets regularly to facilitate on-going communication and problem solving among City officials, neighborhoods, property owners and Santa Clara University (SCU) officials and students. Santa Clara University has established a Residency Requirement for Freshman and Sophomore students, with some exceptions, to live on campus. In 2022 the City convened an ad hoc Homelessness Task Force which will be replaced in 2023 with a permanent Housing Commission. The new commission will advise on the use of the City’s federal CDBG and HOME funds, and on the City’s homelessness response efforts.

Action 9: Zoning Ordinance
The City is currently undertaking a comprehensive update to its Zoning Ordinance to reflect the current goals and policies of the 2010-2035 General Plan. As part of this update, the City will reconsider, and revise, if appropriate, its provisions for parking, mixed use developments, shared housing and residential care facilities, employee housing, and SRO housing. The update is expected to be completed in early 2023. The comprehensive Zoning update is intended to bring consistency between the Zoning Ordinance and the General Plan, implementing the General Plan goals by facilitating mixed use development and higher density residential development, protecting existing neighborhoods, and incentivizing redevelopment with appropriate development standards and streamlined procedures. 2 – Project Description
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Action 10: Adequate Sites Inventory
The City is committed to ensuring that adequate sites at appropriate densities remain available during the planning period, as required by law. The residential sites analysis completed for the 2023-2031 Housing Element indicates the City can accommodate its RHNA of 11,632 units, including 2,872 very low income units, 1,653 low income units, 1,981 moderate income units, and 5,126 above moderate income units.

Action 11: Impact Fees
The City charges various impact fees to provide essential services and facilities to serve new development. The City will conduct an impact fee study to compare the City’s fees with surrounding and similar jurisdictions.

Action 12: Affordable Housing Funding
The City will continue to explore gaining access to additional resources that provide a steady funding stream for affordable housing. These may include, funding from the Bay Area Housing Finance Authority, County, State, federal, housing or land trust funds, and private sector support, partnerships, or philanthropy.

Action 13: Residential Development
Development in the City has primarily occurred as the recycling of existing marginal commercial and industrial uses into higher density multi-family housing. As such, the City has not yet experienced direct displacement of lower income households due to new development. As redevelopment of existing uses continues, the City will evaluate potential displacement of residents, and develop and adopt measures, as appropriate, to address the risk of direct or indirect displacement of those existing residents. The City will monitor such measures biannually for effectiveness and make necessary adjustments.

Action 14: Housing Choice Voucher Program
The Section 8 Housing Choice Voucher Program extends rental subsidies to very low income households, as well as elderly and disabled persons. The subsidy represents the difference between 30 percent of the monthly income and the allowable rent determined by the Section 8 program.

Vouchers permit tenants to locate their own housing and rent units beyond the federally determined fair market rent in an area. The City’s role in this action will be to advocate for more Housing Choice Vouchers for Santa Clara residents.

Action 15: Homeownership for First-Time Buyers
The City continues to create affordable ownership units through its Inclusionary Housing Policy.

HouseKeys partners with Santa Clara staff to offer the units created through the Inclusionary Housing - Below Market Purchase (BMP) program to income-qualified households. The intent of the BMP program is to offer low and moderate income homebuyers an opportunity to purchase a home they would not ordinarily be able to afford. If a BMP homeowner wishes to sell the home between 6-20 years after purchase, they must pay back the City’s remaining note value and a share of the equity increase.

Other resources for affordable homeownership are also available to Santa Clara residents. These include the Housing Trust Silicon Valley, Mortgage Credit Certificates, Habitat for Humanity, and Santa Clara County’s Office of Supportive Housing.

The Housing Trust Silicon Valley Empower Homebuyers SCC program provides loans to low- and moderate-income homebuyers in Silicon Valley in the form of low-interest, second mortgages and down-payment assistance. Santa Clara residents are eligible for two types of assistance offered by the Housing Trust, mortgage assistance and gap assistance. The Mortgage Credit Certificate Program (MCC), administered by the County of Santa Clara Office of Affordable Housing, provides financial assistance to first-time homebuyers. The Santa Clara County MCC tax credit reduces the federal 2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 23 City of Santa Clara
income taxes of qualified borrowers purchasing qualified homes, thus having the effect of a mortgage subsidy. The current tax credit rate is up to 15 percent of the interest paid to the lender on the first loan.

Habitat for Humanity East Bay/Silicon Valley provides ownership opportunities for first-time homebuyers via a sweat equity and savings plan programs. Households, friends, and family contribute 250-500 hours of sweat equity into the construction of their homes.

Santa Clara County’s Measure A also set aside funds to assist first time homebuyers. In 2023, the County will roll out new programs that help low income households attain home ownership.

Additionally, SB 9, signed into law in September of 2021 and effective January 1, 2022, allows property owners within single-family residential zones to build two units and/or to subdivide an existing lot into two parcels, for a total of four units that can each be sold as separate units, can help enable affordable home ownership for first time buyers.

Action 16: Fair Housing Program
The City contracts with a qualified fair housing services provider to provide fair housing services to its residents. Currently, the City utilizes Project Sentinel, a nonprofit agency that provides information and dispute resolution services to tenants, landlords, and roommates. Since 2009, Project Sentinel has assisted over 1,000 Santa Clara households and landlords to resolve disputes through counseling, conciliation, and mediation.

Action 17: Homeless Services
In 2022 the City convened a six-month Homelessness Taskforce. The Taskforce included stakeholders with a range of perspectives and experience to help identify priorities and provide recommendations related to the development of a local plan to reduce homelessness and its impacts. Additionally, the City’s Police Department conducts outreach through the Community Response Team and the Housing and Community Services Division administers grants to several local agencies that offer services to the homeless. The following agencies have received funding from the City:
 WeHope Dignity on Wheels Mobile Shower and Laundry Service  Santa Clara County Homelessness Prevention System (HPS)  Santa Clara County case management for permanent supportive housing clients  Next Door Solutions to Domestic Violence
 Emergency Housing Consortium
 St. Justin Community Ministry
 Bill Wilson Center
 Abode Services
 Community Technology Alliance
 InnVision
Action 18: Shared Housing
Shared housing can be an affordable housing alternative for seniors and other lower income seniors, disabled, and special needs residents when sufficient support and property management services are included. The City can support this housing type through acquisition and rehabilitation subsidies.

2.9 – Required Approvals
The project would require the following approvals:
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 General Plan Amendment to adopt the Housing Element and text amendments to remove the square footage limitations on manufacturing in the low- and high-intensity office districts.  General Plan Amendment to remove the De La Cruz, Central Expressway and Lawrence Station Phase II Future Focus Areas.
 General Plan Text Amendment to remove the square footage limitations on manufacturing and to allow medical facilities in limited circumstances in the low- and high-intensity office districts.  Adoption of the Zoning Code Update to implement Action 1 (provision of a variety of housing types) and Action 9 (Zoning Code Update) in the Implementing Actions section of the Housing Element document.

2.10 – Other Public Agency Whose Approval is Required
 None.
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Santa Clara 2023-2031 6th Cycle Housing Element Update 25 City of Santa Clara
Exhibit 1
Regional Context Map
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2 – Project Description
Santa Clara 2023-2031 6th Cycle Housing Element Update 27 City of Santa Clara
Exhibit 2
Existing General Plan Land Use Map
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Santa Clara 2023-2031 6th Cycle Housing Element Update 29 City of Santa Clara
3 Determination

3.1 – Environmental Categories Potentially Affected
The environmental categories checked below were identified in the General Plan EIR and subsequent amendments as being a ‘Potentially Significant Impact,’ and the following Sections of this Addendum identify to what degree the proposed project contributes to these previously identified significant impacts.
□ Aesthetics □ Agriculture Resources Air Quality
Biological Resources □ Cultural Resources □ Energy
□ Geology /Soils Greenhouse Gas
Emissions □
Hazards & Hazardous
Materials
□
Hydrology / Water
Quality □ Land Use / Planning □ Mineral Resources
Noise Population / Housing □ Public Services
□ Recreation Transportation/Traffic □
Tribal Cultural
Resources
Utilities / Service
Systems □ Wildfire □
Mandatory Findings of
Significance

3.2 – Determination
□
The project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
□
Although the project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. □
The project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
□
The project MAY have a ‘potentially significant impact’ or ‘potentially significant unless mitigated’ impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.

The project could have a significant effect on the environment, but all of its potentially significant effects (a) have been adequately analyzed in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION. As such, no further environmental documentation (e.g., a subsequent EIR) is required.
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Santa Clara 2023-2031 6th Cycle Housing Element Update 31 City of Santa Clara
4 Evaluation of Environmental Impacts
The purpose of this Addendum is to evaluate the CEQA environmental checklist categories in terms of any changed conditions from the approved General Plan EIR and subsequent amendments to the proposed project (e.g., project changes, changed circumstances, or new information of substantial importance) that may produce a changed environmental result (e.g., a new significant impact or substantial increase in the severity of a previously identified significant effect) pursuant to CEQA Guidelines Section 15162, 15164, and 15168(c). As such, the Addendum’s checklist analysis uses the standard environmental categories provided in Appendix G of the CEQA Guidelines but provides answer columns for evaluation consistent with the considerations listed in Guidelines Section 15162(a).

Mitigation measures identified in the General Plan EIR and applicable to the proposed project are discussed under each environmental Section and are listed in Section 5 – Applicable Mitigation Measures. As discussed in the following Sections, the proposed project would not result in new significant environmental effects or a substantial increase in the severity of impacts previously identified by the General Plan EIR and subsequent amendments.

EXPLANATION OF CHECKLIST EVALUATION CATEGORIES (COLUMNS) Effect Not Examined in the General Plan EIR?
Pursuant to CEQA Guidelines Section 15168(c)(1), this column indicates whether the project would have effects that were not previously examined by the General Plan EIR and subsequent EIRs, which new effects could necessitate subsequent CEQA review.

Conclusion in the General Plan EIR and Subsequent EIRs? This column summarizes the conclusion of the General Plan EIR and subsequent EIRs concerning the environmental issue listed under each topic.

Proposed Changes Involving New or More Severe Impacts?
Pursuant to CEQA Guidelines Section 15162(a)(1), this column indicates whether any changes represented by the proposed project would result in new significant environmental impacts not previously identified or mitigated by the General Plan EIR and subsequent EIRs or whether the changes would result in a substantial increase in the severity of a previously identified significant impact.

New Circumstances Involving New or More Severe Impacts? Pursuant to CEQA Guidelines Section 15162(a)(2), this column indicates whether there have been substantial changes with respect to the circumstances under which the project would be undertaken that would require major revisions to the General Plan EIR and subsequent EIRs due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

New Information Showing New or More Severe Impacts?
Pursuant to CEQA Guidelines Section 15162(a)(3), this column indicates whether 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 General Plan EIR and subsequent EIRs were certified, shows any of the following:
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(A) The project would have one or more significant effects not discussed in the General Plan EIR and subsequent amendments;
(B) Significant effects previously examined would be substantially more severe than shown in the General Plan EIR and subsequent amendments;
(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 that are considerably different from those analyzed in the General Plan EIR and subsequent amendments would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

If the additional analysis completed as part of this environmental review were to find that the conclusions of the General Plan EIR and subsequent EIRs remain the same and no new significant impacts are identified, or identified impacts are not found to be substantially more severe, or additional mitigation is not necessary, then the question would be answered “No,” and no subsequent environmental review would be required.

DISCUSSION FOLLOWING CHECKLIST EVALUATION
A discussion of the elements of the checklist is provided under each environmental category in order to clarify the answers regarding the proposed project in relation to the General Plan EIR and subsequent EIRs. The discussion provides information about the particular environmental issue, how the project relates to the issue, and the status of any mitigation that may be required or that has already been implemented. Applicable mitigation measures from the General Plan EIR and subsequent EIRs that apply to the proposed project are listed under each environmental category. The text of the General Plan EIR mitigation measures are included at the end of each of the topical sections. The summary of each of the subsequent Specific Plan EIR’s has been excerpted and are included in Appendix C, and each of the summaries includes the mitigation measures for each of the subsequent Specific Plan EIR’s.

Conclusion
Each Section ends with a summary of the conclusion of the preceding analysis. 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 33 City of Santa Clara

4.1 – Aesthetics
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR?
Proposed
Changes
Involving
New or
More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Have a substantial adverse
effect on a scenic vista? Yes
Less than
Significant
Impact
No No No
b) Substantially damage scenic
resources, including, but not
limited to, trees, rock
outcroppings, and historic
buildings within view from a state
scenic highway?
Yes
Less than
Significant
Impact
No No No
c) In non-urbanized area,
substantially degrade the existing
visual character or quality of
public views of the site and its
surroundings? (Public views are
those that are experienced from
publicly accessible vantage
point). If the project is in an
urbanized area, would the project
conflict with applicable zoning
and other regulations governing
scenic quality?
Yes
Less than
Significant
Impact
No No No
d) Create a new source of
substantial light or glare which
would adversely affect day or
nighttime views in the area?
Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Scenic Vistas. The General Plan EIR noted that there are no scenic vistas within the City, but the City of Santa Clara offers many views of the community and surrounding natural features, including panoramic views of the Santa Cruz Mountains and the Diablo Range and stretches of open space and undeveloped land in the Ulistac Natural Area. It was further noted that these scenic vistas can be viewed from the system of roadways and formal and informal public trails throughout the City, but private views of these resources from residential neighborhoods are currently obstructed by adjacent development.

The General Plan EIR found that development and redevelopment under the 2010-2035 General Plan could obstruct views of these scenic vistas from the system of roadways and formal and informal public trails throughout the City. However, it was noted that the 2010-2035 General Plan includes a range of policies that provide program-level mitigation for effects to the scenic vistas and ensure high quality design that maintains the quality of these scenic vistas and ensures their importance in the City’s future. 4 – Evaluation of Environmental Impacts
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Therefore, it was determined that implementation of General Plan policies and existing programs would minimize effects to the existing scenic vistas and impacts would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, project impacts would be similar to the General Plan EIR. Therefore, the proposed Housing Element would have a less than significant effect on scenic vistas.
(b) Scenic Resources within a State Scenic Highway. The General Plan EIR noted that development under the 2010-2035 General Plan has the potential to alter the City’s scenic resources. It was also noted that the El Camino Real Focus Area would serve as a gateway into the City and help define the boundary of the City’s historic core, and transition goals and policies, in conjunction with the El Camino Real Focus Area policies require that this development respect the existing historic character and development patterns of the surrounding area. It was further noted that the Downtown Focus Area offers opportunities for place-making and for a unique destination in the City to serve both local and regional interests, and that revitalization will support the Major Strategies for City identity and community vitality.

The General Plan EIR found that policies related to Areas of Historic Sensitivity and to transitions would also apply in order to respect the existing character and development patterns of the surrounding area.

It was found that most development would go through the City’s architectural review process prior to issuance of building permits, and would be reviewed for consistency with the City’s Design Guidelines.

It was further found that the City’s scenic resources would be managed consistent with City adopted regulations and policies, in combination with State regulations. Implementation of proposed policies and existing programs would minimize effects to the existing scenic resources. Therefore, the General Plan EIR determined that implementation of General Plan policies and existing programs would minimize effects to the existing scenic resources and impacts would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, project impacts would be similar to the General Plan EIR. Therefore, the proposed Housing Element would have a less than significant effect on scenic resources within a State Scenic Highway.
(c) Degrade Existing Visual Character. The General Plan EIR noted that new development and redevelopment under the General Plan would be substantial enough, and would occur at key locations throughout the City, such that it could have the potential to degrade the visual character of the City without appropriate planning and oversight. However, the General Plan EIR noted that most development would go through the City’s architectural review process prior to issuance of building permits, and would be reviewed for consistency with the City’s Design Guidelines. In addition, it was noted that Focus Areas within which much of the changes would occur are strategically designed to protect the integrity of residential neighborhoods, and changes to public spaces, including roadways, would be designed to upgrade the aesthetic environment. The General Plan EIR found that the City’s visual character would be maintained consistent with City adopted regulations and policies, in combination with State regulations. It was further noted that the General Plan includes a range of policies to ensure high quality design that supports and enhances the aesthetic qualities and character of the City and minimize or avoid adverse effects on the existing visual character. Therefore, the General Plan EIR determined that implementation of General Plan policies and existing programs would minimize effects to the existing visual character and impacts would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 35 City of Santa Clara
subsequent EIRs related to specific plans or area plans, project impacts would be similar to the General Plan EIR. Therefore, the proposed Housing Element would have a less than significant effect on the existing visual character of the area.
(d) Light and Glare. The General Plan EIR noted that new development and redevelopment under the 2010-2035 General Plan has the potential to create additional light or glare in the City, and sources of light and glare would include external housing lights, street-lights, parking lot lights, security lights, vehicular headlights, internal building lights, and reflective building surfaces and windows. It was also noted that most new development would go through the City’s architectural review process prior to issuance of building permits, and would be reviewed for consistency with the City’s Design Guidelines.

The General Plan EIR found that the City’s light and glare would be reduced and managed consistent with City adopted regulations and policies, in combination with State regulations. It was also found that the 2010-2035 General Plan includes a range of policies to provide program-level mitigation for effects to the neighborhoods from new light and glare resources and ensure high quality design that maintains the quality of existing neighborhoods and reduces light and glare. Therefore, the General Plan EIR determined that implementation of General Plan policies and existing programs would minimize effects of light and glare and impacts would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, project impacts would be similar to the General Plan EIR. Therefore, the proposed Housing Element would have a less than significant effect related to light and glare.

Cumulative Impacts
The General Plan EIR noted that visual and scenic resources are generally localized, although specific resources can be regional in nature, such as vistas of a mountain range. It was also noted that buildout of the General Plan would be limited to redevelopment of existing urbanized areas within Santa Clara, as there are only a small number of vacant undeveloped parcels remaining in the City. Further, it was noted that cumulative development within Santa Clara by other public agencies (i.e., the public school districts), or in adjacent communities (i.e., San Jose), would also largely consist of ‘recycling’ of existing developed parcels for new urban land uses or intensification of existing land uses. The General Plan EIR determined that implementation of the General Plan, including implementation of design review process and incorporation of applicable policies regulating the appearance of new development, would not result in impacts to regional visual and scenic resources, such as the Valley’s surrounding hillsides, in that new and redevelopment would not be of a scale or density to affect regional visual and scenic resources. Therefore, the General Plan EIR determined that the City’s contribution to cumulative regional visual and scenic resource impacts would be less than significant.

The Planning Area is completely urbanized and cumulative impacts related to aesthetics were analyzed in the General Plan EIR and were determined to be less than significant. The proposed Housing Element Update would be required to implement General Plan EIR Mitigation Measures 4.10-1 and

4.10-2. Therefore, the cumulative aesthetic impact from the proposed Housing Element Update would be less than significant.

Conclusion
The General Plan EIR determined that implementation of the 2010-2035 General Plan in accordance with proposed policies and actions would result in less than significant aesthetic and visual character impacts and no mitigation measures were required. The proposed Housing Element Update would 4 – Evaluation of Environmental Impacts
36 Addendum to the General Plan EIR
Admin Draft December 21, 2022
implement General Plan policies and existing programs and would not substantially impact the aesthetic or visual character of the Planning Area. The RHNA allocation described in the proposed Housing Element Update would be within the amount of residential development potential analyzed in the General Plan EIR and subsequent EIRs, and would result in similar less than significant aesthetic impacts. The proposed project would be within the scope of what was evaluated in the General Plan EIR and subsequent amendments and would not produce new or substantially more severe environmental impacts. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 37 City of Santa Clara

4.2 – Agriculture and Forest Resources
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board.

Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Convert Prime Farmland,
Unique Farmland, or
Farmland of Statewide
Importance (Farmland), as
shown on the maps prepared
pursuant to the Farmland
Mapping and Monitoring
Program of the California
Resources Agency, to nonagricultural use?
No Not Examined No No No
b) Conflict with existing
zoning for agricultural use, or
a Williamson Act contract?
No Not Examined No No No
c) Conflict with existing
zoning for, or cause rezoning
of, forest land (as defined in
Public Resources Code
Section 12220(g)), timberland
(as defined by Public
Resources Code Section
4526), or timberland zoned
Timberland Production (as
defined by Government Code
Section 51104 (g))?
No Not Examined No No No
d) Result in loss of forest land
or conversion of forest land to
non-forest use?
No Not Examined No No No
e) Involve other changes in
the existing environment
which, due to their location or
nature, could result in
No Not Examined No No No
4 – Evaluation of Environmental Impacts
38 Addendum to the General Plan EIR
Admin Draft December 21, 2022
conversion of Farmland to
non-agricultural use or
conversion of forest land to
non-forest use?
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Designated Farmland. The General Plan EIR did not analyze impacts related to conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. The City of Santa Clara is almost completely urbanized and there are very few undeveloped parcels in the Planning Area. While there are locations in the City designated (A) Agricultural, there are no lands designated by the Farmland Mapping and Monitoring Program as being Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. Therefore, the proposed Housing Element Update would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to non-agricultural use. (b) Williamson Act. The General Plan EIR did not analyze impacts related to Williamson Act contracts.

The City of Santa Clara is almost completely urbanized and there are very few undeveloped parcels in the Planning Area. There are no lands within the City under a Williamson Act contract. Therefore, the proposed Housing Element Update would not conflict with existing zoning for agricultural use, or a Williamson Act contract.
(c) Forest Zoning. The General Plan EIR did not analyze conflicts with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g)). There are no areas of the City zoned as forest land or timberland resources. Therefore, the proposed Housing Element Update would not conflict with existing zoning for forest land or timberland.
(d) Loss or Conversion of Forestland. The General Plan EIR did not analyze impacts related to the loss of forest land or conversion of forest land to non-forest use. However, there are no areas of the City zoned as forest land, and the Planning Area and does not contain any forest land resources.

Therefore, the proposed Housing Element Update would not result in the loss or conversion of forest land.
(e) Other Changes. The General Plan EIR did not analyze impacts related to the conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use. The Housing Element Update does not re-zone or re-designate any parcel within the City from agricultural uses or zones to other uses. In addition, the Housing Element Update does not propose any specific development that would result in the conversion of farmland to non-agricultural use; Inventory Sites identified within the Housing Element Update are located within urban areas. There are no parts of the City designated as timberland, forest land, or farmland; as such, implementation of the Housing Element Update would not result in a conversion of these land uses to another use. Development associated with implementation of the Housing Element Update would not result in the conversion of any agricultural or forest land to non-agricultural or non-forest uses. Therefore, the impact would be less than significant.

Cumulative Impacts
The General Plan EIR did not analyze cumulative impacts related to the loss of agricultural or forest land. The City of Santa Clara is almost completely urbanized and is designated in Farmland Mapping and Monitoring Program as “Urban and Built-Up Land”. Implementation of the proposed Housing 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 39 City of Santa Clara
Element Update would not result in the loss or conversion of agricultural or forest uses. Therefore, the cumulative agriculture and forest resources impact from the proposed Housing Element Update would be less than significant.

Conclusion
No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The project does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
4 – Evaluation of Environmental Impacts
40 Addendum to the General Plan EIR
Admin Draft December 21, 2022

4.3 – Air Quality
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations.

Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Conflict with or obstruct
implementation of the
applicable air quality plan? Yes
Significant
and
Unavoidable
Impact
No No No
b) Result in a cumulatively
considerable net increase of
any criteria pollutant for
which the project region is
non-attainment under an
applicable federal or state
ambient air quality standard?
Yes
Significant
and
Unavoidable
Impact
No No No
c) Expose sensitive
receptors to substantial
pollutant concentrations? Yes
Significant
and
Unavoidable
Impact
No No No
d) Result in other emissions
(such as those leading to
odors) adversely affecting a
substantial number of
people?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Conflict with AQMP. The General Plan EIR noted that population projections under the General Plan are slightly above the Bay Area 2005 Ozone Strategy and the Bay Area 2010 Clean Air Plan.

However, it was also noted that the rate of VMT growth is less than half the rate of population growth.

Therefore, the General Plan EIR determined that the 2010-2035 General Plan would be consistent with the CAP and project impacts would be less than significant.

The General Plan EIR also noted that the Air District has a long history of implementing control measures to reduce ozone precursor emissions from stationary, area, mobile and transportation sources, and transportation control measures (TCMs) were designed to reduce emissions from motor vehicles by reducing vehicle trips and vehicle miles traveled. The General Plan EIR also noted that TCMs may also reduce vehicle use, vehicle idling or traffic congestion, and that the TCMs address State ozone planning requirements for the Bay Area. The General Plan EIR found that the policies under the 2010-2035 General Plan support and reasonably implement the applicable Bay Area 2005 Ozone Strategy and the Bay Area 2010 Clean Air Plan TCMs. Therefore, the General Plan EIR determined that the 2010-2035 General Plan would be consistent with the TCMs and project impacts 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 41 City of Santa Clara
would be less than significant. However, the subsequent Specific Plan EIR for the Lawrence Station Area Plan found that implementation of the Specific Plan would result in a significant and unavoidable impact and there are no feasible mitigation measures that reduce the impact to less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, project impacts would be similar to and no greater than those evaluated in the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would also conflict with the applicable AQMP and have a significant and unavoidable impact.
(b) Cumulatively Considerable Net Increase in Criteria Pollutant Emissions. The General Plan EIR noted that new development and redevelopment allowed under the 2010- 2035 General Plan could increase the concentration of air pollutants. However, the General Plan EIR found that implementation of General Plan policies and existing regulations and programs would substantially reduce air pollutants.

Therefore, the General Plan EIR determined that implementation of the General Plan would not result in a cumulatively considerable net increase in any criteria pollutant emission and impacts would be less than significant. However, subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, and the Freedom Circle Future Focus Area (FFA) found that construction related impacts would require implementation of mitigation measures to reduce impacts to less than significant and operational impacts would be significant and unavoidable even with incorporation of mitigation. Therefore, this impact is significant and unavoidable and the following subsequent EIR mitigation measures will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures AQ-1.1, AQ-1.2, AQ-2.1, AQ-2.2, and AQ-2.3.  Patrick Henry Drive SP EIR – See Mitigation Measures 5-2A, 5-2B, 5-2C, and 5-2D.  Lawrence Station SP EIR – See Mitigation Measures AQ-4, AQ-5, AQ-6, and AQ-7.  Freedom Circle FFA EIR – See Mitigation Measures 5-3A, 5-3B, 5-3C, and 5-3D.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, the proposed Housing Element would not result in a more significant impact than has been previously analyzed.
(c) Exposure of Sensitive Receptors Substantial Pollutant Concentrations. The General Plan EIR found that new development and redevelopment allowed under the 2010- 2035 General Plan could result in construction dust emissions that could affect local and regional air quality. However, the General Plan EIR found that implementation of General Plan policies and existing regulations and programs would substantially reduce construction dust emissions and impacts would be less than significant. The General Plan EIR also found that implementation of the 2010-2035 General Plan may involve the placement of sensitive receptors (e.g., new residences) near localized sources of Toxic Air Contaminants (TACs). The General Plan EIR subsequently found that the 2010-2035 General Plan does not provide adequate buffers between existing sources of TAC and new residences or sensitive receptors. As such, the General Plan EIR determined that incorporation of Mitigation Measure 4.10-1 would reduce this impacts to less than significant. The subsequent EIR for the Lawrence Station SP also found implementation of mitigation measures would reduce impacts to less than significant.

However, subsequent EIRs for the Patrick Henry Drive SP and the Freedom Circle FFA found that impacts would be significant and unavoidable even with incorporation of mitigation measures. 4 – Evaluation of Environmental Impacts
42 Addendum to the General Plan EIR
Admin Draft December 21, 2022
Therefore, subsequent EIRs have determined that this impact is significant and unavoidable and the following subsequent EIR mitigation measures will apply to the proposed Housing Element Update:
 Lawrence Station SP EIR – See Mitigation Measures AQ-1, AQ-2, and AQ-3  Patrick Henry Drive SP EIR – See Mitigation Measures 5-3A and 5-2B.  Freedom Circle FFA EIR – See Mitigation Measures 5-3A, 5-3B, 5-3C, and 5-3D.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, the proposed Housing Element would not result in a more significant impact than has been previously analyzed.
(d) Other Emissions Such as Odors. The General Plan EIR noted that implementation of the 2010- 2035 General Plan may involve the placement of sensitive receptors (e.g., new residences) near localized sources of odors. The General Plan EIR subsequently found that the 2010-2035 General Plan does not provide adequate buffers between sources of odors and new residences or sensitive receptors. As listed in the Mitigation Measures section below, the General Plan EIR found that the addition of Policy 5.1.1-P25 to the Prerequisite section and Policy 5.10.5-P34 to the Safety section would require minimum screening or buffer distances between emissions sources and sensitive receptors. As such, the General Plan EIR included incorporation of Mitigation Measures 4.10-2.

Additional mitigation measures have been incorporated in subsequent EIRs and are included here by reference. Therefore, the General Plan EIR determined that impacts from implementation of the General Plan would be less than significant with incorporation of mitigation measures. Subsequent EIRs also determined that this impact would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, project impacts would be similar to the General Plan EIR. Therefore, implementation of the proposed Housing Element would have a less than significant effect.

Cumulative Impacts
The General Plan EIR noted that air pollution is a regional issue affected by climate, land uses, and topography. The General Plan EIR also noted that Section 4.10, Air Quality includes a detailed analysis of the cumulative air quality conditions related to build-out of the 2010-2035 General Plan, as well as the General Plan’s conformance with the existing Bay Area 2005 Ozone Strategy and the draft 2010 Bay Area Clear Air Plan, which have been based on regional ABAG projections. The General Plan EIR found that the 2010-2035 General Plan would conform with the current and proposed long-range air quality plans for the Bay Area. Therefore, the General Plan EIR determined that implementation of the General Plan would result in a less than cumulatively considerable contribution to cumulative air quality impacts.

The Planning Area is completely urbanized and cumulative impacts related to air quality were analyzed in the General Plan EIR and were determined to be less than significant. The proposed Housing Element Update would be required to implement General Plan EIR Mitigation Measures 4.10-1 and

4.10-2 as well as subsequent Specific Plan EIR mitigation measures incorporated by reference.

Therefore, the cumulative air quality impact from the proposed Housing Element Update would be less than significant.
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 43 City of Santa Clara
Conclusion
The proposed Housing Element Update would not conflict with or obstruct implementation of the applicable air quality plan and would not result in a cumulatively considerable net increase of any criteria pollutant. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and subsequent EIRs. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to the mobile, energy, and area sources that cumulatively contribute to criteria pollutant levels and associated air pollution in the Basin. Development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. General Plan EIR Mitigation Measures 4.10-1 and 4.10-2, as described below, would also be applicable to the development associated with implementation of the Housing Element Update. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur, nor would the significant unavoidable impacts identified in the General Plan EIR be worsened. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required.

Applicable General Plan EIR Mitigation Measures
MM 4.10-1: Policy 5.1.1-P25 should be added to the Prerequisite section as follows:

Policy 5.1.1-P25: Prior to the implementation of Phase II,ii the City will include a Community Risk Reduction Plan (CRRP) for acceptable TAC concentrations consistent with the BAAQMD CEQA Guidelines, including risk and exposure reduction targets, measures to reduce emissions, monitoring procedures, and a public participation process.

Policy 5.10.5-P34 should be added to the Safety section as follows:

Policy 5.10.5-P34: Include minimum setbacks of 500 feet for roadways with average daily trips of 100,000 or more and 100 feet for railroad tracks for new residential or other uses with sensitive receptors, unless a project-specific study identifies measures such as, site design, tiered landscaping, air filtration systems, windows design to reduce exposure, demonstrating that the potential risks can be reduced to acceptable levels.

MM 4.10-2: Policy 5.10.5-P35 should be added to the Safety section as follows:

Policy 5.10.5-P35: Establish minimum buffers between odor sources and new residential or other uses with sensitive receptors, consistent with the BAAQMD guidelines, unless a project-specific study demonstrates that these risks can be

ii Note that Policy 5.1.1-P25 was modified as part of the 2014 General Plan Update, which was adopted with a MND. As modified, the Policy now directs the preparation of the CRRP prior to implementation of Phase III, rather than Phase II.
4 – Evaluation of Environmental Impacts
44 Addendum to the General Plan EIR
Admin Draft December 21, 2022
reduced to acceptable levels.
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 45 City of Santa Clara

4.4 – Biological Resources
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Have a substantial
adverse effect, either directly
or through habitat
modifications, on any species
identified as a candidate,
sensitive, or special status
species in local or regional
plans, policies, or regulations,
or by the California
Department of Fish and
Game or U.S. Fish and
Wildlife Service?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
b) Have a substantial
adverse effect on any riparian
habitat or other sensitive
natural community identified
in local or regional plans,
policies, regulations, or by the
California Department of Fish
and Game or US Fish and
Wildlife Service?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
c) Have a substantial
adverse effect on state or
federally protected wetlands
(including, but not limited to,
marsh, vernal pool, coastal,
etc.) through direct removal,
filling, hydrological
interruption, or other means?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
d) Interfere substantially
with the movement of any
native resident or migratory
fish or wildlife species or with
established native resident or
migratory wildlife corridors, or
impede the use of native
wildlife nursery sites?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
e) Conflict with any local
policies or ordinances
protecting biological
resources, such as a tree
preservation policy or
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
4 – Evaluation of Environmental Impacts
46 Addendum to the General Plan EIR
Admin Draft December 21, 2022
ordinance?
f) Conflict with the
provisions of an adopted
Habitat Conservation Plan,
Natural Community
Conservation Plan, or other
approved local, regional, or
state habitat conservation
plan?
Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Listed or Sensitive Species. The General Plan EIR found that new development under the 2010- 2035 General Plan would result in minimal direct impacts due to habitat loss since there are very few vacant, undeveloped parcels left in the City proposed for urban development that provide habitat value.

The General Plan EIR noted that the vast majority of new development anticipated under the 2010- 2035 General Plan would occur on parcels already developed with an urban use. However, the General Plan EIR found that future development of vacant parcels containing ruderal grasslands has the potential to impact the Congdon’s tarplant, should the tarplant be present at the time of development.

Further, the General Plan EIR found that development of vacant parcels could result in impacts to individual burrowing owls if owls moved onto the site prior to project construction. In addition, it was noted that if owls are using active nests when construction activity commences, grading of the site could result in destruction of nests and individual owls. The General Plan EIR found that development under the 2010-2035 General Plan would be required to comply with State and federal regulations regarding special-status species. In addition, it was found that General Plan policies would reduce the potential for impacts on the special-status species considered most likely to use habitat in the City. As such, mitigation measures 4.9-1 and 4.9-2 were incorporated into the General Plan EIR to ensure avoidance of Congdon’s tarplant and burrowing owl. Therefore, the General Plan EIR determined that impacts to species identified as a candidate, sensitive, or special status species would be less than significant with incorporation of mitigation. Subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, the Lawrence Station Area Plan, and the Freedom Circle FFA also found that impacts to special status species would be less than significant with incorporation of mitigation measures. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures BIO-1.1, BIO-2.1, BIO-2.2, BIO-2.3, BIO-2.4, BIO-3.1, BIO-5.1, BIO-5.3, and BIO-5.4.
 Patrick Henry Drive SP EIR – See Mitigation Measures 6-3 and 6-4.  Lawrence Station SP EIR – See Mitigation Measures BIO-1a, BIO-1b, BIO-1c, and BIO-2.  Freedom Circle FFA EIR – See Mitigation Measures 6-3 and 6-4.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated.
(b) Riparian or Sensitive Habitat. The General Plan EIR found that redevelopment of urban parcels adjacent to riparian corridors along Calabazas Creek, San Tomas Aquino Creek, and Guadalupe River 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 47 City of Santa Clara
has the potential to indirectly affect the habitat value of the riparian corridor. It was further noted that the De La Cruz and Tasman East Focus Areas are each immediately west of the Guadalupe River riparian corridor, separated by an earthen levee, and future redevelopment of each Focus Area, in particular, could affect wildlife movement along the Guadalupe River. Additionally, it was noted that the east bank of the Guadalupe River adjacent to Santa Clara is under the jurisdiction of the City of San Jose and is included within the draft Valley HCP boundary, and the Valley HCP’s conservation strategy to ensure urban development on the east side of the Guadalupe River doesn’t further degrade the riparian corridor’s habitat value is to apply the City of San Jose’s Riparian Corridor Policy. In addition, the General Plan EIR found that the 2010-2035 General Plan includes updated biological policies that address impacts to riparian habitats. As described in the General Plan EIR, the City of Santa Clara has adopted the Water Collaborative’s Guidelines and Standards for Land Uses Near Streams, and the two riparian protection policies (5.10.1-P2 and 5.10.1-P5) are functionally equivalent and will ensure that new and redevelopment on either bank of the Guadalupe River doesn’t significantly impact wildlife movement along the Guadalupe River. Finally, it was found that there are no other sensitive natural communities present in the City. Therefore, the General Plan EIR determined that impacts to riparian habitat or other sensitive natural communities would be less than significant. However, subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, and the Freedom Circle FFA found that mitigation is required to reduce potential impacts to sensitive habitat to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measure BIO-4.1.
 Patrick Henry Drive SP EIR – See Mitigation Measure 6-2.  Freedom Circle FFA EIR – See Mitigation Measure 6-2.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated.
(c) Riparian/Wetlands. The General Plan EIR noted that wetlands and other waters are protected under the federal Clean Water Act and the State’s Porter-Cologne Water Quality Control Act, and are under the jurisdiction of the U.S. Army Corps of Engineers and the San Francisco Bay Regional Water Quality Control Board. It was further noted that Federal and State regulations require avoidance of impacts to the extent feasible, and compensation for unavoidable losses of jurisdictional wetlands and waters. The General Plan EIR found that development along the City’s watercourses would have some potential to affect jurisdictional waters and wetlands. The General Plan EIR determined that compliance with existing regulations and proposed General Plan policies would ensure impacts on state or federally protected wetlands would be less than significant. However, subsequent EIRs for the Tasman East SP found that mitigation is required to reduce potential impacts to wetlands to less than significant.

Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measure BIO-6.1, BIO-6.2, BIO-7.1, BIO-8.1, BIO-8.2, BIO-9.1, BIO-9.2, and BIO-9.3.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including 4 – Evaluation of Environmental Impacts
48 Addendum to the General Plan EIR
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subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated.
(d) Wildlife Movement. The General Plan EIR noted that the creeks that flow through the City provide the primary wildlife movement corridors, and therefore future development near the creeks has the potential to disrupt or disturb wildlife movements along the creek corridors. However, the General Plan EIR found that the City’s implementation of the Water Collaborative’s Guidelines and Standards for Land Uses Near Streams would minimize the potential for impacts to wildlife movement. Therefore, the General Plan EIR determined impacts to the movement of any native resident or migratory fish or wildlife species would be less than significant. The subsequent EIR for the Tasman East SP also found that mitigation is required to reduce potential impacts to wildlife movement to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measure BIO-3.1.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated.
(e) Local Policies. The General Plan EIR noted that there is a City ordinance currently in effect to protect trees on public property, and the General Plan proposes a new policy that would afford protection to specified trees on private property. Therefore, the General Plan EIR determined that Development under the 2010-2035 General Plan would not conflict with the existing tree ordinance and impacts would be less than significant. However, the subsequent EIRs for the Tasman East SP and the Lawrence Station SP found that mitigation is required to reduce potential impacts from tree removal to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures BIO-10.1 and BIO-10.2.  Lawrence Station SP EIR – See Mitigation Measures BIO-3a and BIO-3b.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated.
(f) Habitat Conservation Plans. The General Plan EIR found that the City is not located within the study area, but rather adjacent to, the Valley Habitat Conservation Plan (HCP). It was also found that future nitrogen emissions attributable to the General Plan’s net new development in 2035 would constitute approximately 1.5 percent of total emissions and would represent a less than cumulatively considerable contribution to nitrogen deposition impacts to the serpentine grassland special status flora and fauna being addressed in the Valley HCP. Therefore, the General Plan EIR and subsequent EIRs 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 49 City of Santa Clara
determined that conflicts with the provisions of an adopted Habitat Conservation Plan would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts and no mitigation is required.

Cumulative Impacts
The General Plan EIR noted that there is minimal vacant, undeveloped land within Santa Clara that provides suitable habitat for rare, threatened, or endangered flora or fauna, and that most suitable habitat in the City is concentrated along the several creek corridors. It was also noted that the predominant biologic impacts associated with implementation of the 2035 General Plan would occur to common, urban-adapted species. In the rare instances where future development would involve a site with a special status species, appropriate mitigation, including avoidance, would be implemented to reduce the impacts to a less than significant level. Therefore, the General Plan EIR determined that new construction and redevelopment within the City of Santa Clara would not contribute to cumulative impacts to special status plants and animals present within the City. As further discussed in Section 4.9 Biology of the General Plan EIR, regional nitrogen deposition impacts to serpentine habitat in southern San Jose is a cumulative issue being addressed by the Local Partner agencies participating in the Valley HCP. However, for the reasons provided in Section 4.9, Santa Clara’s NOx contribution from new development allowed under the 2035 General Plan was determined to be less than cumulatively considerable. Finally, it was also determined that Nitrogen Oxides (NOx) emissions associated with the City’s electrical utility, Silicon Valley Power, would be mitigated on an ongoing basis through management of serpentine habitat on Coyote Ridge in San Jose. Therefore, the General Plan EIR determined that cumulative biological impacts would be less than significant.

The Planning Area is an almost completely urbanized area and most of the Planning Area is designated in the City’s General Plan and Zoning Code for urban development. Cumulative impacts related to the Housing Element Update in conjunction with other similar projects in the area were analyzed in the Environmental Impact Report prepared for the City of Santa Clara 2010-2035 General Plan and subsequent EIRs and were determined to be less than significant with mitigation incorporated.

Therefore, the cumulative biological resources impact from the proposed Housing Element Update would be less than significant.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect on any sensitive species or habitat, on any wetlands, with the movement of any native resident or migratory fish or wildlife species, and will not conflict with local policies or ordinances protecting biological resources or with a habitat conservation plan. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and subsequent EIRs. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to biological resources impacts.

Development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. General Plan EIR Mitigation Measures 4.9-1 and 4.9-2, as described below, would also be applicable to the development associated with implementation of the Housing 4 – Evaluation of Environmental Impacts
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Element Update. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
MM 4.9-1: Congdon’s Tarplant Program Mitigation: On parcels with ruderal grasslands, surveys will be conducted prior to future development to document the presence/absence of Congdon’s tarplant. In the event the species is present, the project design will incorporate an adequate buffer, as determined by a qualified biologist, to ensure the Congdon’s tarplant is not threatened by development.

MM 4.9-2: Burrowing Owl Program Mitigation: Future development on parcels with ruderal grasslands will include the following standard measures to reduce potential WBO impacts to a less than significant level:

1. Determine Burrowing Owl Presence
a. Breeding Season Surveys
Standardized surveys are necessary to determine presence (or presumed absence) of burrowing owls for the purposes of inventory, monitoring, avoidance of take, and determining appropriate mitigation. In California the breeding season begins as early as February 1 and continues through August 31. The California Burrowing Owl Consortium (Consortium) survey protocol specifies a multi-phase approach, which is recommended in order to adequately evaluate burrowing owl use of an area and to inform the CEQA process. The Department recommends that the Consortium survey protocol for breeding season surveys be adhered to (4 survey visits spread evenly (roughly every 3 weeks) during the peak of the breeding season, from April 15-July 15) The habitat assessment, intensive burrow surveys and burrowing owl surveys should include the area within 150 meters of the project boundaries (approximately 500 feet). b. Non-Breeding Season Surveys (Including Winter)
Surveys during the non-breeding season (September 1- January 31) are recommended by the Department but are not generally required because burrowing owls are much more difficult to detect during the non-breeding season, and the number or type of surveys that would be needed to detect presence then has not been studied or quantified. Negative results during any nonbreeding season surveys are not conclusive proof that owls do not use the site. Because of this complication, the DFG recommends breeding season surveys as the first step, but project applicants should consult with the Department if burrowing owls have been documented on the project site during the nonbreeding season.

2. Avoid Impacts (destruction, disturbance) to Individual Owls a. Pre-Construction Surveys for Owl Presence
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Santa Clara 2023-2031 6th Cycle Housing Element Update 51 City of Santa Clara
Pre-construction surveys (usually initiated during the non-breeding season) are necessary for assessing owl presence at a site within a short time period before site modification is scheduled to begin. Pre-construction surveys are supplemental to the existing breeding season survey protocol (4 survey visits spread evenly during the peak of the breeding season, from April 15- July 15). Initial pre-construction surveys should be conducted no more than 30 days prior to ground-disturbing activities (for example, disking, clearing, grubbing, grading). Generally, at a minimum, 4 survey visits on at least 4 separate days will be necessary, The time lapse between surveys and site disturbance should be as short as possible and will be determined by DFG based on specific project conditions but generally should not exceed 7 days. Additional surveys are necessary when the initial disturbance is followed by periods of inactivity or the development is phased spatially and/or temporally over the project area. Biologists conducting preconstruction surveys should expend enough effort, based on the above criteria, to assure with a high degree of certainty that take of owls will not occur once site modification and grading activities begin. The report should be submitted to the DFG for review. b. Buffer Zones Around Occupied Burrows (Year-Round)
Buffer zones to protect burrowing owls from direct disturbance should be implemented pursuant to the Consortium Guidelines and the Department’s Staff Report (1995).

Generally, the buffers recommended in these reports for protecting burrowing owls from disturbance is 75 meters (250 feet) from occupied burrows during the breeding season and 50 meters (160 feet) from occupied burrows during the non-breeding season.

Consultation with the Department may result in site-specific buffer specifications, on a case-by-case basis.
c. Passive Relocation
If construction will directly impact occupied burrows, eviction of owls should occur outside the nesting season to prevent injury or mortality of individual owls. No burrowing owls will be evicted from burrows during the nesting season (1 February through 31 August) unless evidence indicates that nesting is not actively occurring (e.g., because the owls have not yet begun nesting early in the season, or because young have already fledged late in the season). Relocation of owls during the non-breeding season will be performed by a qualified biologist using one-way doors, which should be installed in all burrows within the impact area and left in place for at least two nights. These one-way doors will then be removed and the burrows backfilled immediately prior to the initiation of grading. Furthermore, should the Valley HCP, once adopted, include a regional WBO mitigation program that would be available to future projects in Santa Clara, future projects may have a feasible option to mitigate for their individual impacts to loss of WBO foraging and/or nesting habitat by participating in the Valley HCP’s program. 4 – Evaluation of Environmental Impacts
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4.5 – Cultural Resources
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Cause a substantial
adverse change in the
significance of a historical
resource pursuant to
Section15064.5?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
b) Cause a substantial
adverse change in the
significance of an
archaeological resource
pursuant to
Section15064.5?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
c) Disturb any human
remains, including those
interred outside of dedicated
cemeteries?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Historical Resources. The General Plan EIR noted that future development under the 2010-2035 General Plan has the potential to impact, either directly or indirectly, historic resources, both those that are currently listed, and those that have yet to be identified and evaluated. It was also noted that the General Plan’s Phase III prerequisite policy to conduct a citywide survey prior to Phase III (2025)iii would encompass buildings constructed prior to 1975 (i.e., buildings constructed prior to 1975 would be at least 50 years of age in 2025), and would identify whether additional buildings have achieved historic significance over time. Further it was noted that buildings over 50 years of age would be evaluated prior to demolition or substantial alteration on a case-by-case basis. The General Plan EIR found that implementation of General Plan policies and programs, including application of the California Historic Building Code and the City’s Combining Historic Districts, the City’s design review process, and referral of projects involving historic resources to the Historical and Landmarks Commission, would serve to minimize historic resources impacts. Therefore, the General Plan EIR determined that implementation of proposed policies and existing programs would reduce potential historical resources impacts to less than significant. However, the subsequent EIRs for the Patrick Henry Drive SP, the Lawrence Station SP, and the Freedom Circle FFA found that mitigation is required to reduce potential impacts to historical resources to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:

iii In the 2014 General Plan Update, the Phases of the General Plan were shifted to line up with the housing element update schedule. Phase III is now slated to commence in 2023. 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 53 City of Santa Clara
 Patrick Henry Drive SP EIR – See Mitigation Measure 7-1.  Lawrence Station SP EIR – See Mitigation Measure CUL-1.  Freedom Circle FFA EIR – See Mitigation Measure 7-1.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the historic resources impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated. (b) Archaeological Resources. The General Plan EIR found that future development and redevelopment and construction activities under the 2010-2035 General Plan may result in direct or indirect impacts to both prehistoric and historic archaeological resources. It was also noted that construction activities such as grading and excavation may result in the accidental destruction or disturbance of archaeological sites. Further, it was found that all areas of the City hold potential for the presence of prehistoric archaeological resources, with the exception of current and former stream channels and areas with artificial fill. However, the General Plan EIR found that 2010-2035 General Plan includes a range of policies to ensure the protection of archaeological resources. The General Plan EIR found that existing federal, State, and local regulations address the provision of studies to identify archaeological and paleontological resources; application review for projects that would potentially involve land disturbance; provide a project-level standard condition of approval that addresses unanticipated archaeological and or paleontological discoveries; and requirements to develop specific mitigation measures if resources are encountered during any development activity.

Therefore, the General Plan EIR determined implementation of General Plan policies and existing programs would reduce the impact to archaeological resources to less than significant. However, the subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, the Lawrence Station SP, and the Freedom Circle FFA found that mitigation is required to reduce potential impacts to archaeological resources to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures CUL-1.1, CUL-1.2, and CUL-1.3  Patrick Henry Drive SP EIR – See Mitigation Measure 7-2.  Lawrence Station SP EIR – See Mitigation Measure CUL-2 and CUL-3.  Freedom Circle FFA EIR – See Mitigation Measure 7-3.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the archaeological resources impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated. (c) Human Remains. The General Plan EIR noted that implementation of the 2010-2035 General Plan would allow development and redevelopment, including grading, of sensitive areas, possibly disturbing human remains, including those outside of formal cemeteries. However, it was found that existing regulations, including the California Public Resources Code. Section 5097.98, would afford protection for human remains discovered during development activities. In addition, review and protection are afforded by CEQA for those projects subject to discretionary action, particularly for activities that could 4 – Evaluation of Environmental Impacts
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potentially disturb human remains. Further, it was noted that SB 18 requires consultation regarding Native American sites and artifacts, but the potential for project-level impacts to unidentified and unrecorded tribal cultural places remains moderate to high. As such, it was found that future excavation and grading activities could result in impacts to human remains. However, it was determined that Public Resources Code Section 5097.98 mandates the process to be followed in the event of a discovery of any human remains, and would mitigate all potential impacts. Therefore, the General Plan EIR determined that implementation existing programs would reduce the impact to human remains to less than significant. However, the subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, the Lawrence Station SP, and the Freedom Circle FFA found that mitigation is required to reduce potential impacts to buried human remains to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures CUL-1.1, CUL-1.2, and CUL-1.3.  Patrick Henry Drive SP EIR – See Mitigation Measure 7-2.  Lawrence Station SP EIR – See Mitigation Measure CUL-5.  Freedom Circle FFA EIR – See Mitigation Measure 7-3.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the buried human remains impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with already identified mitigation incorporated.

Cumulative Impacts
The General Plan EIR found that projects in the City and other cumulative projects in the area would implement mitigation that avoids or substantially lessens potentially significant impacts to cultural resources, as required by State law. These mitigation strategies would typically involve pre-construction identification surveys; significance evaluations; consultation with tribal descendant communities; culturally and legally appropriate treatment of human remains; archaeological construction monitoring; resource documentation; and data recovery for unavoidable impacts. These mitigation strategies would generally avoid or substantially lessen the severity of impacts to cultural resources. Therefore, the General Plan EIR determined that the City’s contribution to cumulative effects associated with cultural resources is less than cumulatively considerable and impacts would be less than significant.

The Planning Area is an almost completely urbanized area and most of the Planning Area is designated in the City’s General Plan and Zoning Code for urban development. Cumulative impacts related to the Housing Element Update in conjunction with other similar projects in the area were analyzed in the Environmental Impact Report prepared for the City of Santa Clara 2010-2035 General Plan and subsequent EIRs and were determined to be less than significant with incorporation of mitigation measures. Therefore, the cumulative cultural resources impact from the proposed Housing Element Update would be less than significant.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect on any historical resources, archaeological resources, or buried human remains. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 55 City of Santa Clara
General Plan EIR and subsequent Specific Plan SP EIRs. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to cultural resources impacts; however, development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. The mitigation measures of the subsequent EIRs, as referenced above, would also be applicable to development associated with implementation of the Housing Element Update. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation measures are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
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4.6 – Energy
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Result in potentially
significant environmental
impact due to wasteful,
inefficient, or unnecessary
consumption of energy
resources, during project
construction or operation?
Yes
Less than
Significant
Impact
No No No
b) Conflict with or obstruct a
state or local plan for
renewable energy or energy
efficiency??
Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a-b) Energy Consumption. The General Plan EIR found that while the substantial new residential, commercial, and industrial development allowed under the 2010-2035 General Plan would result in increased overall consumption of energy compared to existing levels, the new development would not consume energy in a manner that is wasteful, inefficient, or unnecessary. Policies in the General Plan will serve to reduce growth in energy consumption to the extent feasible. It was also found that new construction would be required to meet Title 24 building energy efficiency standards, including the new CALGreen requirements. In addition, the General Plan EIR noted that the Climate Action Plan (discussed in Section 4.16 Climate Change of the General Plan EIR) would focus on efforts to increase energy conservation and efficiency as a means of reducing greenhouse gas emissions. Therefore, the General Plan EIR determined that the 2010-2035 General Plan would result in less than significant impacts. Similarly, the subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, the Lawrence Station SP, and the Freedom Circle FFA also found that impacts would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the energy impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs.

Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts.

Cumulative Impacts
The General Plan EIR noted that the geographic area for cumulative energy impacts is the State of California, which includes the areas serviced by electrical and natural gas utility providers. The General Plan EIR also noted that Section 4.16 Climate Change of the General Plan EIR provides Plan-level analysis that places the 2010-2035 General Plan’s growth within the cumulative context for California’s 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 57 City of Santa Clara
2020 and 2050 climate change goals. As discussed in the Climate Change section of the General Plan EIR, the City was committed to the preparation and implementation of a Climate Action Plan to ensure the proposed General Plan would be consistent with the state’s 2020 emissions targets, and would contribute a less than cumulatively considerable amount toward future GHG levels. Achieving 2020 emissions levels would necessarily entail increased energy conservation and efficiency, and utilization of renewable sources. In addition to Santa Clara, it was noted that the cities of San Jose and Sunnyvale were (at the time) each developing Climate Action Plans to address their respective 2020 emissions. In addition, all other projects constructed within Santa Clara, including projects under subsequent Specific Plans, are required to comply with the policies of the General Plan, plus existing local, state and federal regulations to prevent the inefficient use of energy. Finally, it was found that future development within the electrical and natural gas utility providers’ service area would also be required to adhere to applicable local regulations, including the provisions of Title 24, designed to prevent use of energy.

Therefore, the General Plan EIR determined that cumulative impacts to energy from development under the General Plan would be less than significant with compliance to relevant legislative regulations and General Plan policies.

Subsequent program EIRs, including Lawrence Station Area Plan EIR, the Tasman East Specific Plan EIR, the Patrick Henry Drive Specific Plan EIR, and the Freedom Circle Focus Area EIR all indicate that the implementation of the respective plans would be expected to result in replacement of older, less energy-efficient structures with newer structures built to the latest building code standards, which would increase the efficiency of electricity consumed within the City. The proposed higher density land uses would result in more efficient energy use compared to energy use for lower density land uses (e.g., “sprawl”) due to more residents being close to transit, which would reduce the amount of transportation energy spent on commuting. The proposed increase in residential development overall would be expected to result in a reduction in outcommuting and a decrease in the associated expenditure of transportation energy. Therefore, by ensuring the buildings are energy efficient, placing the buildings in a low VMT area, and providing space for a mix of uses and amenities that promote non-automobile transportation options, the project would use resources in a non-wasteful and efficient manner. In addition, implementation of the City’s 2022 Climate Action Plan would reduce natural gas consumption and increase electricity demand by incentivizing conversion of existing buildings to all electric energy use. Proposed actions relating to improving energy efficiency action would reduce the amount of energy used by new and existing development throughout the City by retrofitting existing municipal facilities, and incentivizing home energy upgrades. Therefore, the conclusions of the General Plan EIR regarding energy usage, as amended by subsequent program EIRs and the Climate Action Plan addendum remain less than significant.

The Planning Area is an almost completely urbanized area and cumulative impacts related to climate change and energy were analyzed in the General Plan EIR and subsequent EIRs and were determined to be less than significant. The City of Santa Clara has an adopted Climate Action Plan which ensures individual projects incorporate measures to reduce their energy use to less than significant levels. The state appears to have adequate supplies of energy and is implementing state policies intended to reduce energy use and greenhouse gas emissions. Thus, there is no cumulative impact related to wasteful use of energy or adequate supply of energy. Therefore, the proposed Housing Element Update would not contribute towards any significant cumulative energy impact and the impact would be less than significant.

Conclusion
The proposed Housing Element Update would not result in the wasteful, inefficient, or unnecessary consumption of energy resources and would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. The RHNA allocation described in the Housing Element Update 4 – Evaluation of Environmental Impacts
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would be within the amount of residential development analyzed within the General Plan EIR and subsequent EIRs. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to energy resources impacts.

Development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 59 City of Santa Clara

4.7 – Geology and Soils
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Directly or indirectly
cause potential substantial
adverse effects, including
the risk of loss, injury, or
death involving:
i) Rupture of a known
earthquake fault, as
delineated on the most
recent Alquist-Priolo
Earthquake Fault
Zoning Map issued by
the State Geologist for
the area or based on
other substantial
evidence of a known
fault? Refer to Division
of Mines and Geology
Special Publication 42.

Yes
Less than
Significant
Impact
No No No
ii) Strong seismic
ground shaking? Yes
Less than
Significant
Impact
No No No
iii) Seismic-related
ground failure, including
liquefaction?
Yes
Less than
Significant
Impact
No No No
iv) Landslides?
Yes
Less than
Significant
Impact
No No No
b) Result in substantial soil
erosion or the loss of
topsoil?
Yes
Less than
Significant
Impact
No No No
c) Be located on a
geologic unit or soil that is
unstable, or that would
become unstable as a result
of the project, and
potentially result in on- or
off-site landslide, lateral
spreading, subsidence,
liquefaction or collapse?
Yes
Less than
Significant
Impact
No No No
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d) Be located on
expansive soil, as defined in
Section 1803.5.3 of the
California Building Code
(2022), creating substantial
direct or indirect risks to life
or property?
Yes
Less than
Significant
Impact
No No No
e) Have soils incapable of
adequately supporting the
use of septic tanks or
alternative waste water
disposal systems where
sewers are not available for
the disposal of waste water?
No Not Examined No No No
f) Directly or indirectly
destroy a unique
paleontological resource or
site or unique geologic
feature?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a.i) Fault Rupture. The General Plan EIR noted that the City does not contain any faults mapped as Alquist-Priolo Earthquake Fault zones. There are also no other faults that extend through the City.

Because there are no known active earthquake faults within the limits of the City of Santa Clara, the risk for surface fault rupture is considered low within the City. Therefore, the General Plan EIR determined that this impact would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the potential fault-related impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts.
(a.ii) Strong Seismic Ground Shaking. The General Plan EIR noted that because the city is in relatively close proximity to several major fault zones, the California Building Code, as adopted by the City of Santa Clara, requires that seismic design features be incorporated in construction and redevelopment projects in Santa Clara. The primary purpose of the seismic design requirements of the building code is to avoid loss of life. Therefore, the General Plan EIR determined that this impact would be less than significant with adherence to existing regulations.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, strong seismic ground shaking impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with adherence to existing regulations. (a.iii) Seismic-Related Ground Failure/Liquefaction. The General Plan EIR noted that under the County of Santa Clara Hazard Mapping, most of Santa Clara is considered susceptible to liquefaction 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 61 City of Santa Clara
hazards (refer to Figure 4.5-3), and development and redevelopment allowed under the 2010-2035 General Plan would occur within these areas. In addition, it was noted that there are areas near creeks, such as along the Guadalupe River, where lateral spreading could occur. As such, it was found that future projects approved under the 2010-2035 General Plan within the liquefaction hazard area would be required under the Seismic Hazard Mapping Program and building code and City Code requirements to evaluate site-specific liquefaction and ground failure hazards and mitigate those hazards to an acceptable level. Therefore, the General Plan EIR determined that this impact would be less than significant with adherence to existing regulations.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the potential seismic-related ground failure impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with adherence to existing regulations. (a.iv) Landslides/Seismically-Induced Waves. The General Plan EIR noted that because the City is located on gently sloping and nearly flat valley floor topography, it is not subject to risk of landslides; and the landslide hazard mapping compiled by the County of Santa Clara shows the City is outside the landslide hazard zone. Therefore, it was determined that there are no areas within the City susceptible to landslides. The General Plan EIR also noted that because the City is not located within a tsunami inundation area, development and redevelopment anticipated under the General Plan would not be exposed to substantial risks associated with tsunamis. Locally, the General Plan EIR found that seiches due to seismic shaking could occur in shallow lakes, reservoirs, or percolation ponds in Santa Clara and the surrounding area, and sloshing of water out of a lake or basin onto the surrounding area could result in water damage, erosion and some slope failure. However, it was found that there are no lakes or reservoirs within the City, but several ponds, including the City’s two retention basins, (located near State Route 237 and the Union Pacific Railroad Line, and the Great America Parkway and San Tomas Aquino Creek). It was also found that Lexington Reservoir is located approximately nine miles from the City. However, the potential for loss of life from this hazard is low. Therefore, the General Plan EIR determined that this impact would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the potential landslide and seismically-induced wave impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with adherence to existing regulations. (b) Soil Erosion. The General Plan EIR noted that grading and ground disturbance increases the potential for accelerated erosion by removing protective vegetation or cover and changing natural drainage patterns. However, it was also noted that for future development over one acre in size, erosion hazards would be minimized through implementation of site-specific erosion measures in SWPPPs under the NPDES General Construction Permit and grading and excavation requirements in the City’s City Code. Given that many future development projects would be on properties less than one acre, it was further noted that requirements for BMPs under the City’s NPDES Municipal Permit, urban runoff policies, and the City Code would be the primary means of enforcing erosion control measures through the grading and building permit process. Therefore, with the regulatory programs currently in place, the General Plan EIR determined that possible impacts of accelerated erosion during construction associated with development and redevelopment would be less than significant. 4 – Evaluation of Environmental Impacts
62 Addendum to the General Plan EIR
Admin Draft December 21, 2022
Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the potential erosion impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with adherence to existing regulations. (c) Unstable Geologic Unit. The General Plan EIR found that development under the 2010-2035 General Plan would be required to incorporate the seismic design features of the California Building Code in construction and redevelopment projects in Santa Clara. Therefore, the General Plan EIR determined that the impact would be less than significant. However, the subsequent EIRs for the Patrick Henry Drive SP and the Freedom Circle FFA found that mitigation is required to reduce potential impacts to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Patrick Henry Drive SP EIR – See Mitigation Measure 8-3.  Freedom Circle FFA EIR – See Mitigation Measure 8-6.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the ground instability impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated. (d) Expansive Soils. The General Plan EIR noted that soil and geologic hazards of concern in the City of Santa Clara are primarily related to expansive soils, weak soils, and artificial fill and the City primarily consists of well-drained loamy soils formed on alluvial sediments. It was also noted that soils include loam and clay loam at the surface and in the very shallow subsurface, overlying gravelly sandy clay loam and fine sandy clay loam present at depth and such units are typically moderate to very highly expansive. It was further noted that in general, alluvial fan sediments become increasingly finer grained with greater distance from the mountains and because of this expansion potential is generally moderate in the southern City’s alluvial fan and plain soils and high in the alluvial plain/valley floor soils of the northern City. The General Plan EIR also found that where expansive soils are present, foundations and pavements can be damaged when solids go through cycles of wetting and drying. Weak compressible soils are located at the City’s northernmost edge and weak soils can compress, collapse, or spread laterally under the weight of buildings and fill. It was also noted that artificial fill has been placed under buildings throughout the City, and non-engineered fill can result in excessive settlement of structures, pavement, and utilities. It was found that because the City is located on gently sloping and nearly flat valley floor topography, it is not subject to risk of landslides; landslide hazard mapping compiled by the County of Santa Clara shows the City is outside the landslide hazard zone. Therefore, the General Plan EIR determined that there are no areas within the City susceptible to landslides. The General Plan EIR found that new development under the 2010-2035 General Plan would occur primarily as intensification of previously developed areas throughout the City and hazards associated with expansive soils, weak soils, and artificial fill would be reduced and managed consistent with City adopted regulations and policies, in combination with State building regulations. In addition, it was noted that the 2010-2035 General Plan includes updated hazards policies that address geologic and seismic hazards and provide program-level mitigation for geologic, soil and landslide hazards within the City.

While the General Plan EIR determined that new development and redevelopment allowed under the 2010- 2035 General Plan could occur in areas with identified soil hazards, implementation of General 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 63 City of Santa Clara
Plan policies and existing regulations and programs would substantially reduce hazards to people and property. Therefore, the General Plan EIR determined this impact would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the potential soil expansion impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with adherence to existing regulations. (e) Septic Systems. The General Plan EIR did not analyze impacts related to septic systems. The proposed Housing Element Update does not include provisions permitting use of septic systems and future development resulting from implementation of the Housing Element Update would be required to connect to the existing municipal wastewater conveyance and treatment system provided by the City of Santa Clara. Therefore, impacts related to the ability of soils to adequately support the use of septic systems would not occur as a result of the proposed project. (f) Paleontological Resources. The General Plan EIR found that new development and redevelopment under the 2010-2035 General Plan has the potential to directly or indirectly destroy a unique paleontological resource or unique geologic feature. However, the General Plan EIR found that implementation of General Plan policies and existing programs would minimize this effect. Therefore, the General Plan EIR determined that impacts would be less than significant. However, the subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, the Lawrence Station Area Plan, and the Freedom Circle FFA found that mitigation is required to reduce potential impacts to paleontological resources to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measure CUL-2.1.
 Patrick Henry Drive SP EIR – See Mitigation Measure 8-4.  Lawrence Station SP EIR – See Mitigation Measure CUL-4.  Freedom Circle FFA EIR – See Mitigation Measures 8-7 and 8-8 Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the paleontological resources impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated.

Cumulative Impacts
The General Plan EIR found that geologic conditions are highly localized and implementation of the 2010-2035 General Plan would generally not result in cumulative geologic impacts, unless growth under the Plan would exacerbate a regional cumulative geologic issue (e.g., fault zone, massive landslide) affecting an extensive area covering multiple jurisdictions. There are no such regional geologic features in Santa Clara. Therefore, the General Plan EIR determined that the City’s contribution to regional cumulative impacts related to geology and soils, would be less than significant. 4 – Evaluation of Environmental Impacts
64 Addendum to the General Plan EIR
Admin Draft December 21, 2022
The Planning Area is an almost completely urbanized area and most of the Planning Area is designated in the City’s General Plan and Zoning Code for urban development. Cumulative geology and soils impacts related to the Housing Element Update in conjunction with other similar projects in the area were analyzed in the Environmental Impact Report prepared for the City of Santa Clara 2010-2035 General Plan and subsequent EIRs and were determined to be less than significant with incorporation of mitigation measures. Therefore, the cumulative geology and soils impact from the proposed Housing Element Update would be less than significant.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect related to fault rupture, strong seismic ground shaking, seismic-related ground-failure and liquefaction, landslides and seismically-induced waves, soil erosion, expansive soils, and septic systems and would require mitigation measures to reduce potential impacts to paleontological resources to less than significant.

The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and subsequent Specific Plan SP EIRs.

Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to geology and soils impacts; however, development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. The paleontological resources mitigation measures of the subsequent EIRs, as referenced above, would also be applicable to development associated with implementation of the Housing Element Update. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur.

Likewise, there is no new information of substantial importance requiring new analysis or verification.

The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 65 City of Santa Clara

4.8 – Greenhouse Gas Emissions
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing New
or More
Severe
Impacts?
a) Generate greenhouse
gas emissions, either
directly or indirectly, that
may have a significant
impact on the
environment?
Yes
Significant
and
Unavoidable
No No No
b) Conflict with an
applicable plan, policy or
regulation adopted for the
purpose of reducing the
emissions of greenhouse
gases?
Yes
Significant
and
Unavoidable
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments a) Greenhouse Gas Emissions. The General Plan EIR determined that the City’s projected 2020 GHG emissions, without further reduction via a Climate Action Plan, would constitute a cumulatively considerable contribution to global climate change by exceeding the average carbon-efficiency standard necessary to meet statewide 2020 goals as established by AB 32. It was also determined that Citywide 2035 GHG emissions are projected to exceed efficiency standards necessary to maintain a trajectory to meet long-term 2050 state climate change reduction goals. However, achieving the substantial emissions reductions will require policy decisions at the federal and state level and new and substantially advanced technologies that cannot today be anticipated, and are outside the City’s control, and therefore cannot be relied upon as feasible mitigation strategies. Therefore, given the uncertainties about the feasibility of achieving the substantial 2035 emissions reductions, the General Plan EIR determined that the City’s contribution to climate change for the 2035 timeframe is significant and unavoidable.

In 2022, the City adopted a Climate Action Plan that included measures and actions that would reduce overall citywide GHG emissions by approximately 550,553 MTCO2e per year, resulting in citywide GHG emissions of 946,487 MTCO2e in 2030, below the 2030 target of 950,040 MTCO2e per year.

The 2022 Climate Action Plan addendum indicated that the 2022 CAP would not generate GHG emissions that may have a significant impact on the environment or conflict with a plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. With the adoption of the 2022 Climate Action Plan, impacts from greenhouse gas emissions would be less than significant, and would have less impact than the adopted 2010 General Plan EIR.

Impacts from greenhouse gas emissions described in the Lawrence Station Area Plan EIR, the Tasman East Specific Plan EIR, and the Patrick Henry Drive Specific Plan EIR all found that the proposed projects would meet the City’s efficiency metric threshold, and would be consistent with policies from the 2013 Climate Action Plan.
4 – Evaluation of Environmental Impacts
66 Addendum to the General Plan EIR
Admin Draft December 21, 2022
Emissions from the Freedom Circle Focus Area were determined to be greater than the City’s efficiency metric threshold, and as a result the EIR included two mitigation measures (9-1A and 9-1B) for projects in the plan area. These measures included the requirement for individual projects to implement transportation demand management programs, and to use GHG-free electricity sources. With the incorporation of the required mitigation measures, impacts from greenhouse gas emissions would be less than significant, and would have less impact than the adopted 2010 General Plan EIR.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the greenhouse gas emissions impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR, subsequent EIRs, and to the 2022 Climate Action Plan addendum. Therefore, similar to the General Plan EIR as addended by the Climate Action Plan, implementation of the proposed Housing Element Update would result in less than significant greenhouse gas emissions impacts. b) Conflict with Applicable Plan. The General Plan EIR determined that the City’s projected 2035 GHG emissions would constitute a cumulatively considerable contribution to global climate change by exceeding the average carbon-efficiency standard necessary to maintain a trajectory to meet statewide 2050 goals as established by EO S-3-05. Therefore, the General Plan EIR determined that this impact would be significant and unavoidable.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR, subsequent EIRs and the Climate Action Plan addendum.

Therefore, similar to the General Plan EIR as addended by the Climate Action Plan, implementation of the proposed Housing Element Update would result in less than significant greenhouse gas emissions impacts.

Cumulative Impacts
The General Plan EIR found that Citywide 2035 GHG emissions are projected to exceed efficiency standards necessary to maintain a trajectory to meet long-term 2050 state climate change reduction goals. However, it was found that achieving the substantial emissions reductions will require policy decisions at the federal and state level and new and substantially advanced technologies that cannot today be anticipated, and are outside the City’s control, and therefore cannot be relied upon as feasible mitigation strategies. Therefore, given the uncertainties about the feasibility of achieving the substantial 2035 emissions reductions, the General Plan EIR determined that the City’s contribution to climate change for the 2035 timeframe is conservatively determined to be cumulatively considerable.

The Planning Area is an almost completely urbanized area and cumulative impacts related to climate change and energy were analyzed in the General Plan EIR, and subsequent EIRs, and were determined to be significant and unavoidable. Similarly, the cumulative greenhouse gas emissions impact from the proposed Housing Element Update would be significant and unavoidable.

Conclusion
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 67 City of Santa Clara
The proposed Housing Element Update would result in significant and unavoidable greenhouse gas emission impacts. However, the RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and subsequent EIRs. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to greenhouse gas emissions impacts.

Development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No feasible mitigation exists to mitigate the significant unavoidable impact. 4 – Evaluation of Environmental Impacts
68 Addendum to the General Plan EIR
Admin Draft December 21, 2022

4.9 – Hazards and Hazardous Materials
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More
Severe
Impacts?
New
Information
Showing
New or
More
Severe
Impacts?
a) Create a significant
hazard to the public or the
environment through the
routine transport, use, or
disposal of hazardous
materials?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
b) Create a significant
hazard to the public or the
environment through
reasonably foreseeable upset
and accident conditions
involving the release of
hazardous materials into the
environment?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
c) Emit hazardous emissions
or handle hazardous or
acutely hazardous materials,
substances, or waste within
one-quarter mile of an existing
or proposed school?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
d) Be located on a site which
is included on a list of
hazardous materials sites
compiled pursuant to
Government Code Section
65962.5 and, as a result,
would it create a significant
hazard to the public or the
environment?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
e) For a project located
within an airport land use plan
or, where such a plan has not
been adopted, within two
miles of a public airport or
public use airport, would the
project result in a safety
hazard or excessive noise for
people residing or working in
the project area?
Yes
Less than
Significant
Impact
No No No
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 69 City of Santa Clara
f) Impair implementation of
or physically interfere with an
adopted emergency response
plan or emergency evacuation
plan?
Yes
Less than
Significant
Impact
No No No
g) Expose people or
structures, either directly or
indirectly, to a significant risk
of loss, injury or death
involving wildland fires?
Yes No Impact No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a-c) Hazardous Materials Use/Potential for Accidental Releases. The General Plan EIR noted that the 2010-2035 General Plan allows for a greater mix of uses, including location of residential uses in proximity to businesses which could expose sensitive receptors to hazardous materials used, stored or disposed of as waste by industrial or in some cases, commercial, operations. It was also noted that hazardous materials presently stored and used in Santa Clara include flammable liquids, acids, and similar substances, and that some of these substances are routinely transported and kept in large enough amounts that improper handling or an accidental spill or leak could result in off-site consequences that could adversely impact nearby workers or the public. It was further noted that placement of additional sensitive receptors near facilities that could have an accidental release of a hazardous substance that would have off-site consequences, or conversely, location of a new industrial, commercial or institutional use that uses or stores toxic substances near sensitive receptors, including within ¼ mile of schools, could increase the risk of adverse health effects in the event of an accidental release. In addition to housing, it was found that new sensitive receptors such as schools and day care centers will be developed within the General Plan Focus Areas. As such, it was determined that new development and redevelopment allowed under the 2010- 2035 General Plan could place sensitive uses in proximity to industrial, commercial or institutional hazardous materials users, and an accidental release of hazardous materials that travels off-site could pose health or safety risks to these sensitive land uses. However, it was found that the 2010-2035 General Plan includes updated hazards policies that address proper hazardous materials use and storage and the proximity of sensitive uses to substantial hazards from accidental release of hazardous materials and provide program-level mitigation for risks associated with the use, storage, and disposal of hazardous materials within the City. Therefore, the General Plan EIR determined that implementation of General Plan policies for adequate mitigation or separation buffers between uses and existing regulations and programs would substantially reduce hazards to people and the environment to less than significant. However, the subsequent EIRs for the Tasman East SP and the Lawrence Station SP found that mitigation is required to reduce potential impacts from hazardous materials to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures HAZ-1.1, HAZ-1.2, HAZ-1.3, HAZ-1.4, HAZ1.5, and HAZ-1.6..  Lawrence Station SP EIR – See Mitigation Measure HAZ-1, HAZ-2, and HAZ-3.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the hazardous materials impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and 4 – Evaluation of Environmental Impacts
70 Addendum to the General Plan EIR
Admin Draft December 21, 2022
subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated. (d) Government Code Section 65962. The General Plan EIR found that the presence of hazardous materials on future development and redevelopment sites could result in hazardous materials exposure of construction workers during site preparation, demolition, and/or construction of new structures.

Contaminated airborne dust could also migrate off-site during demolition or construction activities and affect adjacent land uses if improperly controlled. It was further found that within Santa Clara a variety of chemical compounds associated with fuels, oil, flammable liquids, metals, pesticides or other hazardous substances originating from historical and/or current land uses may be found in soils that will be disturbed by future development or redevelopment. It was also noted that releases of hazardous materials, such as volatile organic compounds and metals, into the environment could affect future residents or users through direct contact or, in the case of volatile organic compounds, inhalation of soil vapors. The General Plan EIR noted that contaminated groundwater, where encountered during site redevelopment activities, could also result in potential health risks to construction workers or the public, and if excavations extend to the groundwater table, dewatering could be required and extracted contaminated groundwater would require on-site management and/or treatment. Additionally, it was found that potentially hazardous environmental conditions from reported hazardous materials spills and releases are found in virtually all of the Focus Areas of the City. While a number of these reports represent cases considered closed by Responsible Agencies such as the Regional Water Quality Control Board, where there are changes in land uses or excavation into contaminated areas, a reevaluation of potential hazards and soil or groundwater management may be warranted. It was also found that development and redevelopment allowed under the 2010-2035 General Plan could occur on or near contaminated properties located throughout the City, and localized contamination of soil, soil vapor and ground water could adversely impact human health or the environment if not appropriately addressed and/or mitigated. Finally, the General Plan EIR found that there are no DTSC sites within the City included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5.

The General Plan EIR went on to note that remodel and repair activity, and demolition work in residential and commercial structures that disturbs asbestos-containing building materials may cause the release of asbestos fibers into the air, resulting in health impacts to workers, building occupants and the general public. It was also noted there is no known health threat if asbestos-containing materials are in generally good condition and are left undisturbed, and friable asbestos-containing material (i.e., material that can be crumbled, crushed or reduced to powder by hand pressure when dry) and non-friable asbestoscontaining material that will be made friable during renovation or demolition are subject to regulation.

As such, it was found that the National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines require the removal of potentially friable asbestos-containing material prior to building demolition or renovation that may disturb these materials. In addition, the General Plan EIR found that demolition and renovation of buildings also have the potential to release lead particles to the air, resulting in health impacts to workers, building occupants and the general public. As such, it was determined that applicable OSHA regulations must be followed; these include requirements for worker training, air monitoring and dust control, among others, and any debris or soil containing lead must be disposed appropriately. Finally, the General Plan EIR found that new development and redevelopment allowed under the 2010- 2035 General Plan could occur in areas with soil or groundwater contamination or involve demolition of buildings containing hazardous building materials. However, it was determined that implementation of General Plan policies and existing regulations and programs would substantially reduce hazards to people and the environment to less than significant. Similarly, the subsequent EIRs for the Tasman East SP and the Lawrence Station SP found that mitigation is required to reduce potential impacts from hazardous materials to less than significant. Therefore, this impact would be less 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 71 City of Santa Clara
than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures HAZ-1.1, HAZ-1.2, HAZ-1.3, HAZ-1.4, HAZ1.5, and HAZ-1.6..  Lawrence Station SP EIR – See Mitigation Measure HAZ-1, HAZ-2, and HAZ-3.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the hazardous materials impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with existing mitigation measures incorporated. (e) Airport Land Use Plan. The General Plan EIR found that new development and redevelopment allowed under the 2010- 2035 General Plan could occur in localized areas with identified building height and safety restrictions for Mineta San Jose International Airport. However, the General Plan EIR determined that implementation of General Plan policies and existing regulations and programs would substantially reduce aviation hazards to people and property. Therefore, the General Plan EIR determined that impacts would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the potential airport land use impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts.
(f) Emergency Plans. The General Plan EIR noted that the City of Santa Clara Hazardous Materials Division responds to emergency calls related to hazardous materials within the City, and the City also participates in the ABAG Local Hazards Plan and also has adopted a City of Santa Clara Emergency Plan (2008). The General Plan EIR also noted that the City does not maintain formal evacuation routes, as the most appropriate routes away from an area that may have been affected by a major disaster would be determined by the location and type of incident. It was determined that it may be necessary to restrict travel on certain roadways within the redevelopment and development areas under the 2010- 2035 General Plan to facilitate construction activities such as demolition, material hauling, construction, staging, and modifications to existing infrastructure, and such restrictions could include lane closures, lane narrowing, and detours, which would be temporary but could continue for extended periods of time.

As such, it was found that lane restrictions, closures, and/or detours could cause an increase in traffic volumes on adjacent roadways, which could affect emergency response routes. However, the General Plan EIR determined that redevelopment and development under the 2010- 2035 General Plan would include preparation a Traffic Management Plan, which would demonstrate where construction activities could interfere with emergency response routes and other traffic. With this information, the City is able to adequately plan around potential blocks in emergency right-of-way and would have the right to deny or halt construction activities if they would result in an adverse impact on public safety. Therefore, the General Plan EIR determined that implementation of General Plan policies and existing regulations and programs, would substantially reduce the impairment of emergency response plans to less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including 4 – Evaluation of Environmental Impacts
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subsequent EIRs related to specific plans or area plans, the potential impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs.

Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts.
(g) Wildfire Risks. The General Plan EIR noted that the California Department of Forestry and Fire Hazard Protection is responsible for the identification of very high fire hazard severity zones and transmission of these maps to local government agencies, and found that there are no wildfire hazards in the City of Santa Clara. Therefore, the General Plan EIR determined there would be no project impacts related to wildland fires.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the potential wildfire impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in no impacts.

Cumulative Impacts
The General Plan EIR noted that hazardous materials and other public health and safety issues are generally site-specific or affect localized areas and would not be significantly affected by other development in northern Santa Clara County. Therefore, the General Plan EIR determined that the City’s contribution to regional cumulative impacts related to hazards and hazardous materials would be less than significant.

The Planning Area is an almost completely urbanized area and most of the Planning Area is designated in the City’s General Plan and Zoning Code for urban development. Cumulative hazards and hazardous materials impacts related to the Housing Element Update in conjunction with other similar projects in the area were analyzed in the Environmental Impact Report prepared for the City of Santa Clara 2010- 2035 General Plan and subsequent EIRs and were determined to be less than significant with incorporation of mitigation measures. Therefore, the cumulative hazards and hazardous materials impact from the proposed Housing Element Update would be less than significant.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect related to airport land use plans and wildfire but would require mitigation measures to reduce potential impacts related to hazardous materials transport, use, or accidental release and hazardous materials waste sites to less than significant. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and subsequent Specific Plan SP EIRs. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to hazards and hazardous materials impacts; however, development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. The hazards and hazardous materials mitigation measures of the subsequent EIRs, as referenced above, would also be applicable to development associated with implementation of the Housing Element Update. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 73 City of Santa Clara
changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
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4.10 – Hydrology and Water Quality
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Violate any water quality
standards or waste
discharge requirements or
otherwise substantially
degrade surface or ground
water supply?
Yes
Less than
Significant with
Mitigation
Incorporated
No No No
b) Substantially decrease
groundwater supplies or
interfere substantially with
groundwater recharge such
that the project may impede
sustainable groundwater
management of the basin?
Yes
Less than
Significant
Impact
No No No
c) Substantially alter the
existing drainage pattern of
the site or area, including
through the alteration of the
course of a stream or river,
or through the addition of
impervious surfaces, in a
manner which would:
i) result in substantial
erosion or siltation onor off-site;
Yes
Less than
Significant
Impact
No No No
ii) substantially
increase the rate or
amount of surface runoff
in a manner which
would result in flooding
on- or off-site;
Yes
Less than
Significant with
Mitigation
Incorporated
No No No
iii) create or contribute
runoff water which
would exceed the
capacity of existing or
planned stormwater
drainage systems or
provide substantial
additional sources of
polluted runoff; or
Yes
Less than
Significant
Impact
No No No
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Santa Clara 2023-2031 6th Cycle Housing Element Update 75 City of Santa Clara
iv) impede or redirect
flood flows? Yes
Less than
Significant
Impact
No No No
d) In flood hazard,
tsunami, or seiche zones,
risk release of pollutants
due to project inundation?
Yes
Less than
Significant
Impact
No No No
e) Conflict with or obstruct
implementation of a water
quality control plan or
sustainable groundwater
management plan?
Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Violate Water Quality Standards or Degrade the Water Supply. The General Plan EIR found that ground-disturbing activities related to construction under the 2010-2035 General Plan could result in accelerated erosion on work sites including increased input of fine sediments into the City’s storm drains and ultimately into area creeks and the Bay. It was also found that construction would use various hazardous substances such as vehicle fuels and lubricants, paving media, paints, solvents, etc.; accidental release or discharge of any of these substances could adversely affect water quality, endanger aquatic life, and/or result in violation of water quality standards. The General Plan EIR noted that all construction on sites of one acre or larger is required to manage discharge of storm water runoff under the Clean Water Act, through the preparation and implementation of a SWPPP. It was also noted that for future development over one acre in size, erosion hazards would be minimized through implementation of site-specific erosion measures in SWPPPs under the NPDES General Construction Permit and grading and excavation requirements in the City Code. However, given that many future development projects would be on properties less than one acre in size, it was noted that requirements for BMPs under the City’s NPDES Municipal Permit, urban runoff policies, and the City Code would be the primary means of enforcing erosion control measures through the grading and building permit process. Additionally, it was noted that the City is committed to ensuring that construction-related grading complies with the erosion and sediment control BMPs set forth in the California Storm Water Quality Association’s (CASQA) Storm Water Best Management Practice Handbook for Construction and with the erosion and sediment control plan recommendations of the ABAG Manual of Standards for Erosion and Sediment Control Measures. With regulatory programs currently place, it was determined that the possible impacts of accelerated erosion during construction associated with development and redevelopment would be less than significant.

The General Plan EIR noted that new impervious surfaces can increase the delivery of polluted runoff to area storm drains and ultimately to San Francisco Bay, and this is especially true during the “first flush” at the beginning of the storm season, when urban pollutants that have accumulated during the dry season are washed from paved surfaces. However, the General Plan EIR also noted that the City adheres to the terms of the NPDES permitting, which requires all developments that create one acre or more of impervious surface to incorporate design measures to reduce pollutant discharge to the maximum extent practicable, including site design measures, source controls, and storm water treatment measures that municipalities are to require of developments to ensure water quality. Given that many future development projects would be on properties less than one acre, requirements under the City’s NPDES Municipal Permit, urban runoff policies, and the City Code would be the primary means of enforcing control measures after development is complete. With regulatory programs currently in place, the General Plan EIR determined that the possible impacts of accelerated runoff and decrease 4 – Evaluation of Environmental Impacts
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in water quality after construction is complete for the development and redevelopment would be less than significant. Therefore, it was determined that implementation of General Plan policies and existing programs would minimize water quality hazards to be less than significant. However, the subsequent Specific Plan EIR for the Lawrence Station SP found that mitigation is required to reduce potential impacts to water quality to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measure, which will apply to the proposed Housing Element Update:
 Lawrence Station SP EIR – See Mitigation Measure HYD-1.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the water quality impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with mitigation incorporated. (b) Groundwater Supplies. The General Plan EIR found that new development and redevelopment under the 2010-2035 General Plan would have the potential to add new areas of impervious (paved or hardscaped) surface to the City, potentially decreasing infiltration and local recharge of shallow groundwater. However, it was also found that only a very small portion of the City (about 26 acres at the City’s southwest corner) is within the recharge area for the potable water aquifer, and this area is developed as residential. It was further found that some regional commercial development was planned for this area, but it would be infill and redevelopment in areas that have previously been developed. As such, the net addition of impervious surface area was expected to be small, and would be further reduced by the minimization of paved and impervious surfaces and the promotion of measures to facilitate infiltration in conformance with the requirements under section C.3 of the NPDES Permit.

Therefore, given the City’s existing developed and extensively hardscaped character, limited overall influence on potable aquifer recharge, and the 2010-2035 General Plan commitment to minimize hardscape and promote infiltration, the General Plan EIR determined that impacts related to interference with groundwater recharge would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the groundwater supply impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, impacts from implementation of the proposed Housing Element Update would be similar to the General Plan EIR and would result in less than significant impacts. (c.i-c.iv) Alter Drainage Patterns. The General Plan EIR noted that development often requires grading that alters natural drainage patterns. It was also noted that in the City, as in other densely developed Bay Area communities, natural drainage patterns have already been substantially modified to accommodate existing development. It was further noted that additional infill and redevelopment under the 2010-2035 General Plan could entail further modification, and both the City’s industrial and commercial areas are expected to change from lower to higher intensity development. The General Plan EIR found that new development within the Planning Area would result in some potential for increased erosion and siltation both on- and off-site because grading and ground disturbance associated with development in these areas could increase the potential for accelerated erosion by changing natural drainage patterns. As such, the General Plan EIR found that for all future development and redevelopment on sites that are one acre or greater in size, erosion hazards would be minimized through implementation of site-specific erosion measures in SWPPPs under the NPDES General 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 77 City of Santa Clara
Construction Permit and grading and excavation requirements in the City Code. It was further found that future development projects on properties of less than one acre would be subject to requirements for BMPs under the City’s NPDES Municipal Permit, urban runoff policies, and the City Code, and the primary means of enforcing erosion control measures are through the grading and building permit process. Finally, it was found that the City also implements the "Guidelines and Standards for Lands Near Streams" in the City's entitlement and permitting functions, where applicable. Therefore, with regulatory programs currently in place, the General Plan EIR determined that possible impacts of accelerated erosion during construction associated with development and redevelopment would be less than significant.

The General Plan EIR went on to note that development proposed under the 2010-2035 General Plan would occur adjacent to water courses throughout the City, which has the potential to alter the course of the drainage pattern near the stream or river and increase flooding. It was also noted that extensive site modifications would have some potential to increase local site runoff and/or contribute to localized flooding, particularly where high density and mixed uses generally increases the percentage of impermeable surfaces. However, the General Plan EIR found that these hazards would be minimized through implementation of site-specific measures in SWPPPs under the NPDES General Construction Permit and by grading and excavation requirements in the City Code. Given that many future development projects would be on properties less than one acre, it was noted that requirements for BMPs under the City’s NPDES Municipal Permit, urban runoff policies, and the City Code would be the primary means of enforcing control measures through the grading and building permit process.

Therefore, with regulatory protections in place, the General Plan EIR determined that impacts related to increases in surface runoff would be less than significant.

The General Plan EIR noted that although the City is largely built out, development under the 2010- 2035 General Plan would add quantities of impervious surface (including both buildings and pavement), potentially decreasing infiltration and increasing runoff. However, it was noted that for future development over one acre in size, storm water runoff would be minimized through implementation of site-specific measures in SWPPPs under the NPDES General Construction Permit and grading and excavation requirements in the City Code. In addition, given that many future development projects would be on properties less than one acre, it was noted that requirements for BMPs under the City’s NPDES Municipal Permit, urban runoff policies, and the City Code would be the primary means of enforcing control measures through the grading and building permit process. The General Plan EIR further noted that the City Code and building code include provisions for postconstruction effective management of storm water runoff. Therefore, with regulatory programs currently in place, the General Plan EIR determined that potential impacts of additional runoff to the storm water drainage system associated with development and redevelopment would be less than significant. However, the subsequent Specific Plan EIR for the Tasman East found that mitigation is required to reduce potential impacts from on- or off-site flooding to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures HYD-1.1.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the drainage pattern impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with existing mitigation incorporated. 4 – Evaluation of Environmental Impacts
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(d) Other Water-Related Risks or Pollution. The General Plan EIR found that new development and redevelopment under the 2010-2035 General Plan would have the potential to expose people or structures to increased risk of loss, injury, or death related to flooding, mudflow, debris flow, sea level rise, tsunami, or seiche. However, the General Plan EIR determined that implementation of General Plan policies and existing programs would reduce impacts to less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, other water-related risks related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with implementation of General Plan policies and existing programs. (e) Conflict with Water Quality or Groundwater Management Plans. The General Plan EIR did not analyze impacts related to conflicts with water quality or groundwater management plans. Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, the proposed Housing Element Update would not exacerbate a conflict with any water quality or groundwater management plans.

Cumulative Impacts
The General Plan EIR noted that new development in the City and surrounding jurisdictions sharing the same watersheds (Guadalupe River, Calabazas Creek, and San Thomas Aquino Creek) may alter local drainage and runoff characteristics. It was also noted that storm water drainage systems are generally provided by local governments for areas within their jurisdictions, and are not provided on a regional basis. Therefore, the General Plan EIR determined that the City’s contribution to cumulative regional impacts associated with storm water drainage systems would be less than significant. In terms of water quality, the General Plan EIR found that increased cumulative urbanization would be expected to increase vehicle traffic and related releases of automobile-related pollutants, including petroleum hydrocarbons, metals, and sediment, drain from roads into surface waters and which could have a cumulative impact to local watersheds. As such, it was noted that development in Santa Clara and adjacent cities would be required to comply with applicable NPDES permits, as discussed in Section

4.4, Hydrology and Water Quality, which would require that projects implement Best Management Practices (BMPs) to treat storm water runoff, prior to its discharge, to the maximum extent practicable.

Therefore, the General Plan EIR determined that compliance with applicable NPDES permits, as the permits are amended over the course of the General Plan’s 25 year planning horizon, would reduce cumulative hydrology and water quality impacts to a less than significant level.

The Planning Area is an almost completely urbanized area and most of the Planning Area is designated in the City’s General Plan and Zoning Code for urban development. Cumulative hydrology and water quality impacts related to the Housing Element Update in conjunction with other similar projects in the area were analyzed in the Environmental Impact Report prepared for the City of Santa Clara 2010-2035 General Plan and subsequent EIRs and were determined to be less than significant with incorporation of mitigation measures. Therefore, the cumulative hydrology and water quality impact from the proposed Housing Element Update would be similar to the impacts analyzed in the General Plan EIR and less than significant.
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Santa Clara 2023-2031 6th Cycle Housing Element Update 79 City of Santa Clara
Conclusion
The proposed Housing Element Update would not have a substantial adverse effect related to violations of water quality standards or degradation of the water supply, groundwater supplies, altered drainage patterns, other water-related risks, or conflicts with the applicable water quality plan. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and subsequent Specific Plan SP EIRs. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to hydrology and water quality impacts; however, development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. The hydrology and water quality mitigation measures of the subsequent EIRs, as referenced above, would also be applicable to development associated with implementation of the Housing Element Update. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
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4.11 – Land Use and Planning
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Physically divide an
established community? Yes
Less than
Significant
Impact
No No No
b) Cause a significant
environmental impact due to
a conflict with any land use
plan, policy, or regulation
adopted for the purpose of
avoiding or mitigating an
environmental effect?
Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Divide an Established Community. The General Plan EIR found that changes in land use that would occur upon the implementation of General Plan would not result in the physical division of an established community. The General Plan EIR noted that the Land Use policies and programs of the 2010-2035 General Plan encourage the preservation or enhancement of the existing, primarily residential community through infill development, open space opportunities, and development of compatible uses that will enhance the existing character of Santa Clara. The EIR also noted that the General Plan contains specific Land Use policies for compatibility that would reduce the amount of conflict between differing land uses. Therefore, the General Plan EIR determined that this impact would be less than significant.

Since the proposed Housing Element Update does not include any changes to the circulation policies or the general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would not divide an established community and would result in less than significant impacts. (b) Conflict with Applicable Plans. The General Plan EIR found that new development and redevelopment under the 2010-2035 General Plan has the potential to conflict with a responsible agency’s applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. However, it was determined that implementation of General Plan policies and existing programs would minimize this effect. Therefore, the General Plan EIR determined that project impacts would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 81 City of Santa Clara
implementation of the proposed Housing Element Update would not conflict with applicable plans and would result in less than significant impacts.

Cumulative Impacts
The General Plan EIR did not analyze cumulative impacts related to land use and planning. The Planning Area is an almost completely urbanized area and most of the Planning Area is designated in the City’s General Plan and Zoning Code for urban development. However, cumulative land use and planning impacts related to the Housing Element Update in conjunction with other similar projects in the area were analyzed in the Environmental Impact Reports prepared for the subsequent EIRs and were determined to be less than significant. Therefore, the cumulative land use and planning impact from the proposed Housing Element Update would be less than significant.

Conclusion
The proposed Housing Element Update would not divide an established community or conflict with an applicable land use plan. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to land use and planning impacts. Development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits.

Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
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4.12 – Mineral Resources
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Result in the loss of
availability of a known
mineral resource that would
be of value to the region
and the residents of the
state?
Yes No Impact No No No
b) Result in the loss of
availability of a locallyimportant mineral resource
recovery site delineated on
a local general plan, specific
plan or other land use plan?
Yes No Impact No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a-b) Known Mineral Resources/Loss of Mineral Resources. The General Plan EIR found that the City is located in an area zoned MRZ-1 for aggregate materials by the State of California. MRZ-1 zones are areas where adequate information indicates that no significant mineral deposits are present or where it is judged that little likelihood exists for their presence. The General Plan EIR found that there are no significant mineral resources present in the City boundaries. In addition, it was found that there are no exploitable oil or gas resources within the City, and new development and redevelopment under the 2010-2035 General Plan would not affect locally important mineral resources as there are none present in the City. Therefore, it was determined that there would be no impact.

There are no known significant mineral resources in the City and there are no exploitable oil or gas resources within the City. Therefore, the proposed Housing Element Update would not result in the loss of availability of a known or locally important mineral resource.

Cumulative Impacts
The General Plan EIR did not analyze cumulative impacts related to the loss of known mineral resources or mineral resources recovery sites. However, the General Plan EIR found that the Planning Area is not known to support significant mineral resources of any type, and no mineral resources are currently being extracted in the City. Therefore, the proposed Housing Element Update would not result in cumulative mineral resources impacts.

Conclusion
The proposed Housing Element Update would not result in the loss of known mineral resources or mineral resources recovery sites. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR. Future housing 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 83 City of Santa Clara
developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to mineral resources impacts. Development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
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4.13 – Noise
Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Would the project result in
generation of a substantial
temporary or permanent
increase in ambient noise
levels in the vicinity of the
project in excess of standards
established in the local
general plan or noise
ordinance, or applicable
standards of other agencies?
Yes
Significant
and
Unavoidable
Impact
No No No
b) Would the project result in
generation of excessive
groundborne vibration or
groundborne noise levels?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
c) For a project located
within the vicinity of a private
airstrip or an airport land use
plan or, where such a plan
has not been adopted, within
two miles of a public airport or
public use airport, would the
project expose people residing
or working in the project area
to excessive noise levels?
Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Substantial Increase in Noise Levels.

Temporary/Construction Noise
The General Plan EIR found that new development and redevelopment under the 2010-2035 General Plan would cause a temporary or periodic increase in construction noise exposure above ambient levels. However, it was determined that implementation of Mitigation Measure 4.14-3 would reduce potential construction noise impacts to less than significant. Similarly, the subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, the Lawrence Station SP, and the Freedom Circle FFA also found that mitigation can reduce potential temporary construction-related impacts to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures NV-2.1 and NV-2.2.  Patrick Henry Drive SP EIR – See Mitigation Measure 13-1.  Lawrence Station SP EIR – See Mitigation Measure NOI-3. 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 85 City of Santa Clara
 Freedom Circle FFA EIR – See Mitigation Measures 13-1 and 13-2.

Operational Noise
The General Plan EIR also found that new development and redevelopment under the 2010-2035 General Plan would result in increased traffic noise, and the increases would be substantial for residential land uses along Tasman Drive between Lafayette Street and the easternmost City limits. As such, the General Plan EIR incorporated Mitigation Measure 4.14-2 to reduce traffic noise impacts.

However, because implementation of this measure cannot be guaranteed and may not be feasible, the General Plan EIR determined that this impact would be significant and unavoidable. Similarly, the subsequent EIRs for the Patrick Henry Drive SP, the Lawrence Station SP, and the Freedom Circle FFA found that this impact would be significant and unavoidable even after incorporation of mitigation.

Therefore, this impact would remain significant and unavoidable with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Patrick Henry Drive SP EIR – See Mitigation Measures 13-3 and 13-4.  Lawrence Station SP EIR – See Mitigation Measures NOI-1 and NOI-2.  Freedom Circle FFA EIR – See Mitigation Measures 13-5 and 13-6.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the operational noise impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, impacts from implementation of the proposed Housing Element Update would be similar to those analyzed in the General Plan EIR and would result in significant and unavoidable operational noise impacts, and less than significant construction impacts with the application of mitigation measures.
(b) Excessive Vibration. The General Plan EIR found that new development and redevelopment under the 2010-2035 General Plan could expose people to excessive ground vibration levels exceeding FTA guidelines. However, the General Plan EIR determined that implementation of Mitigation Measure 4.14- 1 along with General Plan policies would minimize vibration impacts. As such, the General Plan EIR included incorporation of Mitigation Measures 4.10-1. Further, the General Plan EIR determined that the City would require individual development projects to undergo project-specific environmental review.

If project-level significant vibration impacts are identified, site-specific mitigation measures will be required under CEQA. Therefore, the General Plan EIR determined that vibration impacts would be less than significant with mitigation incorporated. Similarly, the subsequent EIRs for the Tasman East SP, the Patrick Henry Drive SP, and the Freedom Circle FFA found that mitigation measures could reduce potential impacts from excessive vibration to less than significant. Therefore, this impact would be less than significant with incorporation of the following subsequent EIR mitigation measures, which will apply to the proposed Housing Element Update:
 Tasman East SP EIR – See Mitigation Measures NV-1.1, NV-1.2, NV-1.3, NV-1.4, and NV-1.5.  Patrick Henry Drive SP EIR – See Mitigation Measure 13-2.  Freedom Circle FFA EIR – See Mitigation Measures 13-3 and 13-4.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the vibration impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. 4 – Evaluation of Environmental Impacts
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Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts with existing mitigation incorporated.
(c) Airport/Airstrip Noise. The General Plan EIR found that new development and redevelopment under the 2010-2035 General Plan would exceed Santa Clara County Airport Land Use Commission (ALUC) noise thresholds, which could expose individuals living and working within the plan area to excessive aircraft noise. However, it was found that compliance with the local airport land use plan and the City’s acceptable noise level standards as well as implementation of General Plan policies would effectively reduce potential program-level aircraft noise impacts. The City will require that individual development projects undergo project-specific environmental review. If significant project-level aircraft noise impacts are identified, specific mitigation measures will be required under CEQA. Therefore, the General Plan EIR determined there would be a less than significant impact.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would not expose people residing or working in the project area to excessive noise levels and would result in less than significant impacts.

Cumulative Impacts
The General Plan EIR noted that noise impacts are generally experienced locally as opposed to regionally. It was also noted that future increases in noise from buildout of the Mineta International Airport Master Plan, the BART to Silicon Valley extension project, and the High-Speed Rail project would all contribute to future noise conditions that would affect specific areas of Santa Clara. However, it was found that the future development allowed under the General Plan would not contribute to the railway or airport-related noise. It was further found that residents could be exposed to ongoing construction noise if multiple projects are clustered in an area and are constructed simultaneously or in sequence over a period of years, and increased traffic from build-out of the General Plan would contribute to a significant increase in traffic noise levels on roadway segments throughout the region, beyond accepted thresholds in various communities. Therefore, the General Plan EIR determined that this impact, and the City’s contribution to it with build-out of the General Plan, would be significant and unavoidable. The EIR further found that there was no feasible mitigation available to reduce cumulative impacts to levels of insignificance.

The Planning Area is an almost completely urbanized area and most of the Planning Area is designated in the City’s General Plan and Zoning Code for urban development. Cumulative noise impacts related to the Housing Element Update in conjunction with other similar projects in the area were analyzed in the Environmental Impact Report prepared for the City of Santa Clara 2010-2035 General Plan and subsequent EIRs and were determined to be significant and unavoidable. Therefore, the cumulative noise impact from the proposed Housing Element Update would also be significant and unavoidable.

Conclusion
The proposed Housing Element Update would not result in more severe noise impacts than were analyzed in the General Plan EIR and subsequent EIRs. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR. Future housing developed in accordance with the goals and policies of the Housing Element Update would have the effect of contributing incrementally to noise impacts. Development of future housing would be subject to environmental review pursuant to CEQA upon application for entitlement 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 87 City of Santa Clara
permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. General Plan EIR Mitigation Measures 4.14-1, 4.14-2, and 4.14-3, as described below, as well as the subsequent Specific Plan EIR mitigations measures described above, would also be applicable to the development associated with implementation of the Housing Element Update. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
MM 4.14-1: Use the Federal Transit Administration vibration impact criteria, as described above under the Regulatory Setting, to evaluate the land use compatibility of sensitive uses proposed along the railroad/light-rail corridor using the best available information (e.g., High Speed Rail Program EIR) or site-specific measurements and analyses (assuming active railroad operations). Developers of sensitive uses shall demonstrate that potential impacts of existing or potential vibration have been minimized to the maximum feasible extent.

MM 4.14-2: Case studies have shown that the replacement of dense grade asphalt (standard type) with open-grade or rubberized asphalt can reduce traffic noise levels along local roadways by 2 to 3 dBA CNEL. A possible noise reduction of 2 dBA would be expected using conservative engineering assumptions, and future traffic noise increases could be mitigated to a less than significant level by repaving roadways with “quieter pavements.” To be a permanent mitigation, subsequent repaving would also have to use “quieter” pavements. Existing residential receivers located along Tasman Drive between Lafayette Street and the easternmost City limits either front the roadway (private outdoor use areas are located behind the homes) or have outdoor use areas adjacent to the roadway that may or may not be shielded by fences or noise barriers. In situations where private outdoor use areas are located adjacent to the roadway, new or larger noise barriers could be constructed to provide the additional necessary noise attenuation in private use areas. Typically, increasing the height of an existing barrier results in approximately one dBA of attenuation per one foot of additional barrier height. The design of such noise barriers would require additional analysis. Traffic calming could also be implemented to reduce noise levels expected with the project. Each five mph reduction in average speed provides approximately one dBA of noise reduction on an average basis (Leq/CNEL). Traffic calming measures that regulate speed improve the noise environment by smoothing out noise levels. Residences could also be provided with sound insulation treatments if further study finds that interior noise levels within the affected residential units would exceed 45 dBA CNEL as a result of the projected increase in traffic noise. Treatments to the homes may include the replacement of existing windows and doors with sound-rated windows and doors and the provision of a suitable form of forced-air mechanical ventilation to allow the occupants the option of controlling noise by closing the windows. The specific treatments for each affected residential unit would be identified on a case-by-case basis.

MM 4.14-3: Develop construction noise control plans that consider the following available controls in order to reduce construction noise levels as low as practical: Utilize ‘quiet’ models of air compressors and other stationary noise sources where technology 4 – Evaluation of Environmental Impacts
88 Addendum to the General Plan EIR
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exists; Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment; Locate all stationary noisegenerating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses; Locate staging areas and construction material areas as far away as possible from adjacent land uses; Prohibit all unnecessary idling of internal combustion engines; Notify all adjacent land uses of the construction schedule in writing; Designate a "disturbance coordinator" who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem be implemented. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule. 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 89 City of Santa Clara

4.14 – Population and Housing
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion
in General
Plan EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Induce substantial
unplanned population
growth in an area, either
directly (for example, by
proposing new homes and
businesses) or indirectly (for
example, through extension
of roads or other
infrastructure)?
Yes
Significant
and
Unavoidable
Impact
No No No
b) Displace substantial
numbers of existing people
or housing, necessitating
the construction of
replacement housing
elsewhere?
Yes No Impact No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Induce Population Growth. The General Plan EIR found that while over the long-term the 2010- 2035 General Plan accommodates the population growth forecast by ABAG Projections 2007, and accommodates in the near-term (2014) the RHNA goal set by ABAG, the General Plan is nonetheless ‘job-rich’. This means that it provides for more employment than housing and will lead to insufficient housing opportunities for all future Santa Clara workers. This is reflected in the jobs per employed resident ratio discussed above. Therefore, the General Plan EIR found that the 2010-2035 General Plan job growth (25,040 new jobs), would require substantial residential development elsewhere in the region to provide adequate housing opportunities for future workers. Based on planned job growth, roughly 3,500 housing units would need to be built elsewhere in the region to house Santa Clara workers who would have to reside outside of the City due to inadequate housing opportunities within the City.

The General Plan EIR determined this to be a significant impact due to the secondary effects related to increased VMT resulting from commuting due to a shortage of residential opportunities in closer proximity to Santa Clara employment areas. These secondary effects are discussed in detail in the Transportation, Air Quality, and Climate Change sections, respectively, of the General Plan EIR. Since implementation of the 2010-2035 General Plan would induce substantial population growth at other locations, the General Plan EIR determined that the impact is significant and unavoidable.

The additional analyses regarding population and housing in the Lawrence Station Area Plan EIR, the Tasman East Specific Plan EIR, the Patrick Henry Drive Specific Plan EIR and the Freedom Circle Focus Area EIR all concluded that the addition of new housing units would incrementally lessen the City’s jobs/housing imbalance, and would provide those units close to jobs and transit and would constitute a less than significant impact. The conclusions of the General Plan EIR would therefore remain unchanged.
4 – Evaluation of Environmental Impacts
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Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, the project will not result in an increase in the severity of the imbalance between jobs and housing beyond what was analyzed in the General Plan EIR or subsequent EIRs. Impacts related to implementation of the proposed Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in significant and unavoidable impacts. (b) Displace Housing. The General Plan EIR found that the 2010-2035 General Plan would retain all existing housing units and could accommodate the population growth as forecast in ABAG’s Projections 2007. The General Plan EIR also found that the 2010-2035 General Plan would accommodate employment growth in ways (i.e., intensification of currently planned employment lands) that would not displace existing housing or people, nor would the construction of planned infrastructure or public facilities necessary to serve future growth require the displacement of existing housing units or people.

The EIRs for the Lawrence Station Area Plan EIR, the Tasman East Specific Plan EIR, the Patrick Henry Drive Specific Plan EIR and the Freedom Circle Focus Area EIR all concluded that those area plans would not displace housing, as they were proposed in existing industrial areas. Therefore, the General Plan EIR determined that the 2010-2035 General Plan as amended by subsequent program EIRs would have no impact in terms of housing or population displacement.

Since the proposed project does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan including subsequent amendments related to specific plans or area plans the project will not result in impacts on housing displacement beyond what was analyzed in the General Plan EIR or subsequent EIRs. Impacts related to implementation of the proposed Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would not result in impacts related to the displacement of housing.

Cumulative Impacts
The General Plan EIR noted that the cumulative scenario includes new population and employment growth planned by the cities of Santa Clara, San Jose, Cupertino, and Sunnyvale, and all cumulative population and employment growth would occur within the cities’ existing urban growth boundaries, with no expansion of urban services to rural undeveloped areas. While some new development would occur through development of the relatively few remaining vacant infill parcels found in each city, the cumulative trend would continue to predominantly be redevelopment of existing low-intensity, underutilized parcels with new urban uses. In addition, it was found that most new housing accommodated within the cumulative jurisdictions would be in a medium- or high-density attached or mixed-use format. It was further found that new job growth would largely occur on previously developed parcels in intensified forms (i.e., more employees per acre compared to existing development patterns, often with structured parking). Given the interconnected nature of the cities and the regional transportation network, most workers would travel to jobs in a city different from where they live. In essence, the cumulative projects would accommodate two new jobs for every new employed resident, exacerbating Santa Clara County’s existing jobs-housing imbalance (1.2 in 2005 according to ABAG Projections 2007). The General Plan EIR found that the environmental consequences would primarily be increased regional traffic congestion and air pollution from vehicles as workers unable to live near their employment commute long distances from outlying areas with affordable housing, continuing a pervasive trend over the past several decades as job growth has outpaced housing growth in Santa Clara County. Considering both ‘in process’ growth and new growth caused by the 2010-2035 General Plan, the City of Santa Clara would contribute to this cumulative imbalance in 2035 by adding 39,490 residents (yielding 23,694 employed residents) and 46,180 jobs, for a jobs per employed resident ratio 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 91 City of Santa Clara
of 1.95, (46,180 jobs divided by 23,694 employed residents). Therefore, the General Plan EIR determined that this is a cumulatively considerable contribution to a significant cumulative impact that cannot be mitigated and is adverse and unavoidable. Subsequent program EIRs, including the Lawrence Station Area Plan EIR, the Tasman East Specific Plan EIR, the Patrick Henry Drive Specific Plan EIR and the Freedom Circle Focus Area EIR did not change this significance determination.

Since the proposed project does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan including subsequent amendments related to specific plans or area plans the project will not result in an increase in the severity of the imbalance between jobs and housing beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project impacts would be similar to the General Plan EIR and would continue to be significant and unavoidable.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect on Population and Housing beyond the potential impacts already identified in the General Plan EIR and subsequent specific plan and area plan EIR’s. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and the EIR’s for subsequent specific plans and area plans: therefore, the proposed project would not contribute to the jobs-housing imbalance. Development of future housing would be subject to project-level environmental review pursuant to CEQA upon application for entitlement permits and would also be subject to existing mitigation measures. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No feasible mitigation exists to mitigate the significant unavoidable impact. 4 – Evaluation of Environmental Impacts
92 Addendum to the General Plan EIR
Admin Draft December 21, 2022

4.15 – Public Services
Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Fire protection? Yes
Less than
Significant
Impact
No No No
b) Police protection? Yes
Less than
Significant
Impact
No No No
c) Schools? Yes
Less than
Significant
Impact
No No No
d) Parks? Yes
Less than
Significant
Impact
No No No
e) Other public facilities? Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Fire protection. The General Plan EIR found that new growth under the 2010-2035 General Plan would result in new population and residential and commercial development in Santa Clara, which would increase demand for fire and emergency medical protection services. However, it was found that existing facilities would have the capacity to absorb additional fire personnel without expanding the existing stations. Therefore, it was found that there would be no construction activities associated with the provision of new fire and life safety services and no associated construction-related effects.

Additional fire personnel would be housed in the existing facilities; however, there would be no need for expansion of the facilities. In addition, the General Plan EIR noted that the 2010-2035 General Plan includes updated policies that address fire protection and public safety. In the Specific Plan EIR for the Lawrence Station Area Plan (LSAP), it was determined that there could be Significant and Unavoidable cumulative impacts on the provision of Fire Services based on the demand created from the LSAP and from other foreseeable projects, such as the Tasman East Specific Plan. EIRs for the Tasman East Specific Plan, Patrick Henry Drive Specific Plan and the Freedom Circle Focus Area declared the impacts on the provision of Fire Services to be less than significant. 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 93 City of Santa Clara
Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, fire protection impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in the same impacts as General Plan EIR and subsequent program EIRs. (b) Police protection. The General Plan EIR found that implementation of the 2010-2035 General Plan would increase the need for police services, and the additional officers would be housed in the existing facilities. The General Plan EIR found that refurbishment of the facilities would consist of reconfiguration of space and regular upgrade of furniture and equipment, but there would be no need for expansion of the facilities. Therefore, there would be no construction activities associated with the provision of new police services and no associated construction-related effects. The Lawrence Station Area Plan EIR noted that a future police substation would be incorporated into Fire Station Number 9 within the Lawrence Station neighborhood, and that impacts to Police Services would be less than significant. The Tasman East, Patrick Henry Drive and Freedom Circle EIRs all noted that any additional police services could be accommodated within existing buildings. The General Plan EIR also found that the 2010-2035 General Plan includes updated policies that address police protection and public safety. Therefore, the General Plan EIR, along with subsequent program EIRs, determined that impacts on police protection services would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, police protection impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts.
(c) Schools. The General Plan EIR found that the increase in population associated with new development and redevelopment allowed under the 2010-2035 General Plan would increase the demand for school and community facilities services. The General Plan EIR further found that new development projected under the 2010-2035 General Plan would fall primarily within the jurisdiction of SCUSD, and approximately 12,500 households are expected to be added to the SCUSD area, which would result in approximately 2,000 additional students. The General Plan EIR found that SCUSD has four closed school sites that could be used to serve new development. Alternatively, it was noted SCUSD may choose to modify school catchment areas or add modular classrooms to accommodate new students. It was also noted that SCUSD was also anticipating the construction of new school facilities in north San José as a result of an agreement with that city and future housing developers, and these new facilities in San José would add more capacity for new students and can reduce the number of students now in Santa Clara facilities. The General Plan EIR further noted that the Campbell Union (K-8) and Campbell Union High (9-12) school districts, which overlap, would realize approximately 500 additional households as a result of implementation of the 2010-2035 General Plan, generating approximately 38 new K-8 and 42 new 9-12 grade students. The Campbell K-8 and Campbell 9-12 districts were anticipated to be able to accommodate the relatively modest gain in students from the City by modifying school catchment areas, busing and adding modular classrooms. The General Plan EIR found that the 2010-2035 General Plan includes updated policies that address schools and community facilities, and policies and existing regulations and programs are designed to ensure that future development of new facilities within the City would not have an adverse physical effect on the existing environment. The Lawrence Station Area Plan EIR notes that there are proximate closed school facilities that could be re-opened to accommodate the estimated additional 164 students that would live in the plan area. The Tasman East and Freedom Circle EIRs also note proximate schools’ capacities 4 – Evaluation of Environmental Impacts
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and their ability to accommodate new students from their respective plan areas. Each of the other subsequent EIRs also recognizes that as required by state law (Government Code Section 65996), the project proponents for future development projects shall pay the appropriate school impact fees to SCUSD to offset the increased demands on school facilities caused by their development projects.

Therefore, the General Plan EIR, along with subsequent program EIRs determined that impacts to schools would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, schools impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts. (d) Parks. Potential impacts to parks and recreation facilities are discussed in section 4.16, below. The General Plan EIR found that the increase in the population associated with new development and redevelopment allowed under the 2010-2035 General Plan would increase the demand on existing parks, open space and recreation facilities. However, it was determined that the General Plan policies and existing regulations and programs were designed to ensure that increased demand associated with an increase in population would not significantly accelerate the deterioration of existing facilities. In addition, in 2014 the Santa Clara City Council adopted Ordinance No. 1928 adding City Code Chapter

17.35 (“Park and Recreational Land”) to Title 17 (“Development”) of the Santa Clara City Code to help mitigate the impacts of new housing development growth on existing parkland subject to the provisions of the State of California Quimby Act and Mitigation Fee Act. Chapter 17.35 requires new residential developments to provide adequate park and recreational facilities and/or pay a fee in-lieu of parkland dedication at the discretion of the City. Subsequent program EIRs, including the Lawrence Station Area Plan EIR, the Tasman East Specific Plan EIR, the Patrick Henry Drive EIR and the Freedom Circle Focus Area EIR reinforce this requirement. As such, it was determined that the General Plan, as amended by later Specific Plans, would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities and impacts to parks would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, parks impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts. (e) Other Public Facilities. The General Plan EIR noted that additional library facilities may be needed to meet the demand from the addition of approximately 33,000 new residents anticipated as a result of the 2010-2035 General Plan. Given that the large Central Park Library facility is located in the southern portion of the City, it is relatively close to, and could serve, anticipated new development along El Camino Real, Homestead Road, Kiely Boulevard and Stevens Creek Boulevard. However, it was found that new library facilities may be needed to serve the anticipated development in the northern portion of the City. The General Plan EIR found that new growth as a result of implementation of the 2010-2035 General Plan would increase the demand for arts, cultural and community facilities; however, it was found that this future demand would not exceed the existing service capacity or generate the need for additional facilities particularly when the City can optimize the use of streets or other existing neighborhood amenities for community events. The General Plan EIR determined that General Plan policies and existing regulations and programs would ensure that future development of new facilities within the City would not have an adverse physical effect on the existing environment. 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 95 City of Santa Clara
The Lawrence Station EIR notes that development under the LSAP would add approximately 9,415 new residents to the City, increasing Santa Clara City Library’s (SCCL) service population by approximately 7.7 percent. This increase in service population would slightly effect SCCL’s existing service ratios, but not to the extent that would require new or expanded library facilities.

The Tasman East Specific Plan EIR indicates that residential development at buildout would result in approximately 12,285 new residents in Santa Clara. The City does not currently have service ratios or other performance objectives for library services. The residents generated by the project would slightly reduce the library-space-per-resident ratio and library-items-per-resident ratio by 9.4 percent, from 0.85 to 0.77 square feet of library space per resident and from 3.69 to 3.36 items (e.g., books and audio/visual volumes) per resident.

The Patrick Henry Drive Specific Plan and Freedom Circle Focus Area EIRs also recognize incremental increases in library usage from new residential uses associated with the respective plans. None of the EIRs identify a new significant impact regarding library services.

Therefore, the General Plan EIR as addended by subsequent program EIRs determined that impacts to other public facilities would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent EIRs related to specific plans or area plans, public facilities impacts related to implementation of the Housing Element Update would be similar to the General Plan EIR and subsequent EIRs. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts.

Cumulative Impacts
The General Plan EIR noted that public services are generally provided by local governments for areas within their jurisdictions and are not provided on a regional basis. It was also noted that law enforcement and fire protection and emergency services are provided by local governments or fire protection districts for areas within their jurisdiction, supplemented by mutual aid agreements between agencies to pool resources. Public schools are provided by school districts to residential areas within their jurisdictions.

While districts may cross city jurisdictional boundaries, school services are still provided at the local, rather than regional, level. As with the other public services, libraries are also generally provided by local governments for areas within their jurisdiction, and services are not provided on a regional basis.

Social services are generally provided by counties, and not on a regional basis. Neighborhood parks and recreational services are generally provided by local governments for areas within their jurisdiction.

The General Plan EIR determined that the 2010-2035 General Plan would not substantially impact the use of the other jurisdictions’ libraries, parks and recreation facilities in the region, although Santa Clara residents are also residents of Santa Clara County and would continue to take advantage of County parks, trails, and other recreational facilities, funded in part by Santa Clara resident taxes. Therefore, the General Plan EIR determined that the cumulative regional impacts of the 2010-2035 General Plan associated with law enforcement, fire and emergency, schools, library, social, and neighborhood parks and recreation services would be less than significant.

Since the proposed project does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent amendments related to specific plans or area plans, the project will not result in an increase in demand for public services or facilities beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project cumulative impacts would be similar to those evaluated in the General Plan EIR and less than 4 – Evaluation of Environmental Impacts
96 Addendum to the General Plan EIR
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significant. Therefore, implementation of the proposed Housing Element Update would result in less than significant impacts.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect on Public Services beyond the potential impacts already identified in the General Plan EIR and subsequent specific plan and area plan EIR’s. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and the EIR’s for subsequent specific plans and area plans. Therefore, the proposed project would not generate an additional demand for open space and recreational facilities. Development of future housing would be subject to project-level environmental review pursuant to CEQA upon application for entitlement permits and would also be subject to existing mitigation measures. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 97 City of Santa Clara

4.16 – Recreation
Effect
Examined
in General
Plan EIR?
Conclusion
in General
Plan EIR and
Subsequent
EIRs?
Proposed
Changes
Involving New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Would the project
increase the use of existing
neighborhood and regional
parks or other recreational
facilities such that
substantial physical
deterioration of the facility
would occur or be
accelerated?
Yes
Less than
Significant
Impact
No No No
b) Does the project
include recreational
facilities or require the
construction or expansion
of recreational facilities
which might have an
adverse physical effect on
the environment?
Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Increased Park Use/ Substantial Physical Deterioration. The General Plan EIR found that the increase in the population associated with new development and redevelopment allowed under the 2010-2035 General Plan would increase the demand on existing parks, open space and recreation facilities. However, it was determined that the General Plan policies and existing regulations and programs were designed to ensure that increased demand associated with an increase in population would not significantly accelerate the deterioration of existing facilities. Therefore, the General Plan EIR determined that impacts to recreation facilities would be less than significant.

Since the proposed project does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent amendments related to specific plans or area plans, the project will not result in an increase in demand for parklands and park facilities beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project impacts would be similar to those evaluated in the General Plan EIR. Therefore, the proposed project would have a less than significant impact.
(b) Include or Require Recreational Facilities. The General Plan EIR found that new development and redevelopment allowed under the 2010-2035 General Plan would require additional parkland and recreation facilities in the City. However, the General Plan EIR determined that the General Plan policies and existing regulations and programs were designed to ensure that future development of parkland within the City would not have an adverse physical effect on the existing environment. This includes the 2014 adoption of Ordinance No. 1928 adding City Code Chapter 17.35 (“Park and Recreational Land”) to Title 17 (“Development”) of the Santa Clara City Code to help mitigate the impacts of new housing development growth on existing parkland subject to the provisions of the State of California 4 – Evaluation of Environmental Impacts
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Quimby Act and Mitigation Fee Act. Chapter 17.35 requires new residential developments to provide adequate park and recreational facilities and/or pay a fee in-lieu of parkland dedication at the discretion of the City. Subsequent program EIRs, including the Lawrence Station Area Plan EIR, the Tasman East Specific Plan EIR, the Patrick Henry Drive EIR and the Freedom Circle Focus Area EIR reinforce this requirement. As such, it was determined that the General Plan, as amended by later Specific Plans would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities and impacts to parks would be less than significant.

Since the proposed project does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent amendments related to specific plans or area plans, the project will not result in an increase in demand for parklands and park facilities beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project impacts would be similar to those evaluated in the General Plan EIR. Therefore, the proposed project would have a less than significant impact.

Cumulative Impacts
The General Plan EIR did not analyze cumulative recreation impacts. Since the proposed project does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent amendments related to specific plans or area plans, the project will not result in a cumulative increase in demand for parklands and park facilities beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project cumulative impacts would be similar to those evaluated in the General Plan EIR. Therefore, the proposed project would have a less than significant impact.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect on Open Space and Recreation beyond the potential impacts already identified in the General Plan EIR and subsequent specific plan and area plan EIR’s. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and the EIR’s for subsequent specific plans and area plans. Therefore, the proposed project would not generate an additional demand for open space and recreational facilities. Development of future housing would be subject to project-level environmental review pursuant to CEQA upon application for entitlement permits and would also be subject to existing mitigation measures. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
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Santa Clara 2023-2031 6th Cycle Housing Element Update 99 City of Santa Clara

4.17 – Transportation
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion
in General
Plan EIR and
Subsequent
EIRs?
Proposed
Changes
Involving New
or More
Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Conflict with a program
plan, ordinance or policy
addressing the circulation
system including transit,
roadway, bicycle and
pedestrian facilities?
Yes
Significant
and
Unavoidable
No No No
b) Would the project
conflict or be inconsistent
with CEQA Guidelines
Section 15064.3,
subdivision (b)?
Yes Less than
Significant No No No
c) Substantially increase
hazards due to a geometric
design feature (e.g., sharp
curves or dangerous
intersections) or
incompatible uses (e.g.,
farm equipment)?
No Not
Examined No No No
d) Result in inadequate
emergency access?
Yes
Less than
Significant
with
Mitigation
Incorporated
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Circulation Plan Consistency. The General Plan EIR found that despite the 2010-2035 General Plan’s overall land use-transportation efficiency, future development would nonetheless generate substantial additional traffic volumes that would cause congestion along certain roadway segments within the City’s jurisdiction, adjoining cities and freeway segments for which, in most cases, no feasible mitigation (i.e., ability to add new travel lanes) exists. Operating levels of City roadway segments would degrade below City Level of Service standards. Therefore, the General Plan EIR determined that the impact would be significant and unavoidable with respect to Level of Service/congestion.

The General Plan EIR also found that implementation of the 2010- 2035 General Plan would result in the degrading of the operating levels of County Congestion Management Program (CMP) roadway segments beyond the then current County CMP Levels of Service standard, which was also determined to be a significant and unavoidable impact with respect for which there is no feasible mitigation.

The General Plan EIR also found that the increased motor vehicle traffic and increased congestion from the 2010 - 2035 General Plan would result in increased transit travel times on transit corridors which 4 – Evaluation of Environmental Impacts
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was considered a significant impact. The Findings of Fact also referenced General Plan Policy 5.8.3- P3 as a means to address this potential impact:
“Support transit priority for designated Bus Rapid Transit, or similar transit service, through traffic signal priority, bus queue jump lanes, exclusive transit lanes and other appropriate techniques."
However, it was determined that there are no feasible mitigation measures to reduce this impact because the feasibility of transit-only lanes would be evaluated in more detailed studies and the effect of these policies is not fully known, including potential secondary impact. Therefore, the impact was considered significant and unavoidable.

The Tasman East Specific Plan also includes the following mitigation measures to address traffic congestion, that, in some cases reduce localized impacts to some road, to less than significant, but overall, still resulted in significant and unavoidable impacts:
 Tasman East SP EIR – See Mitigation Measures 1.1:9, 1.2:10, 1.3:11, 1.4:37, 3.1:1, 3.2:9,

3.3:10, and 3.4:37.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent amendments related to specific plans or area plans, the project will not result in an increase in the number or length of vehicle trips beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project impacts would be similar to the General Plan EIR. Therefore, the proposed project would result in a significant and unavoidable impact on the circulation system. (b) CEQA Guidelines Section 15064.3(b). Although the CEQA Guidelines did not, as it now does, require the analysis of Vehicle Miles Travelled (VMT) when the General Plan EIR was certified, potential VMT impacts were actually evaluated in the EIR. The EIR noted that the total VMT generated under the 2010-2035 General Plan for the City of Santa Clara was estimated to be 3.74 million vehicle-miles per day (or a net increase of 552,227 vehicle miles compared to existing conditions). It was also found that the resulting average VMT per service population (residents and jobs) would be 12.2 vehicle miles per day under the 2010-2035 General Plan, which represents a reduction of approximately 15.3 percent per service population compared to existing conditions at the time. The General Plan EIR further noted that this reflects that the general plan Focus Areas would include development of new complementary land uses that are in close proximity to each other, provide more opportunities for shorter trips that encourage walking and bicycling, and utilize higher densities of development that support enhanced transit service. At a citywide performance level, the General Plan EIR found that the 2010-2035 General Plan more efficiently links land uses and the transportation system network in that VMT and VMT per service population are dropping compared to existing conditions, VMT growth is less than population growth, non-auto travel mode shares increase, and trip length is virtually unchanged. The General Plan EIR found that all of these indicators suggest the 2010-2035 General Plan is an efficient, well-balanced plan from a land use-transportation standpoint compared to existing conditions.

The Lawrence Station Area Plan EIR analyzed VMT for the purposes of its Air Quality analysis and determined that the LSAP could potentially contribute to a larger increase in VMT growth in the plan area than population growth. With no way to accurately measure population growth in the study area (because there were no residences at the time), that impact was found to be significant and unavoidable.
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The LSAP EIR also indicated that, “It should be noted, however, that the LSAP as a [Transit-Oriented Development] TOD is located in close proximity to transit and employment centers and would reduce VMT trips when compared to suburban projects that contribute to sprawl.” By 2021, CEQA required VMT analyses for development projects, and both the Patrick Henry Drive Specific Plan and the Freedom Circle Focus Area were analyzed for Vehicle Miles Traveled. Both projects meet the criteria to qualify as a transit supportive project because they meet the criteria established by the City related to proximity to transit, density, multimodal transportation networks, transit-oriented design elements, parking, and affordable housing. Both were therefore exempt from a quantitative analysis of VMT and impacts from VMT were determined to be less than significant.

Therefore, the General Plan EIR determined that the impact on vehicle miles of travel would be less than significant. Subsequent program EIRs containing VMT analyses for the purpose of transportation impacts also concluded that transportation impacts would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan, including subsequent amendments related to specific plans or area plans, the project will not result in an increase in VMT beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project impacts would be similar to those evaluated in the General Plan EIR and less than significant. Therefore, the proposed Housing Element Update would result in a less than significant VMT impact. (c) Design Hazards. The General Plan EIR did not directly analyze potential impacts from design features hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses. The General Plan EIR did not identify any existing or potential design hazards that could occur as the result of implementation of the General Plan. In addition, potential roadway and circulation design hazards more typically occur with site specific development proposal instead of plan/programs like a general plan. When development proposal applications are submitted to the City they are review for potential design and circulation hazards and are subject to City regulations and standards related to project access and roadway design.

The Tasman East Specific Plan EIR indicated that the project design does not include sharp curves or dangerous intersections that could result in safety hazards within the Plan Area; nor does the project propose incompatible uses. The Specific Plan would have an interconnected street network and all streets would be designed to accommodate emergency vehicles and concluded that impacts from design features would be less than significant.

In the Patrick Henry Drive Plan EIR, the transportation analysis notes the, “Conflicts between modes would be reduced through better accommodations, including Specific Plan elements such as new and/or improved sidewalks, bike lanes, and more accessible and comfortable bus stops. The Specific Plan proposes an improved internal roadway network designed to accommodate vehicular traffic that is balanced with other modes (including walking, cycling, micro-mobility, and transit).” Freedom Circle: When detailed site plans for future development projects are submitted, project-related roadway designs would be subject to City review, which would ensure adequacy of circulation patterns and safety standards; reduce potential conflicts between vehicles, pedestrians, bicyclists, and buses; and remove potential hazards due to design features (i.e., insufficient sightlines or distances) or incompatible uses. Therefore, this impact would be less than significant.

Since the proposed Housing Element Update does not include any changes to general plan land use designations, or circulation or related policies, the project will not result in an increase in potential design 4 – Evaluation of Environmental Impacts
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hazard beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project impacts would be similar to those evaluated in the General Plan EIR and less than significant. Therefore, the proposed project would not result in impacts related to design hazards. (d) Emergency Access. The General Plan EIR did not specifically analyze impacts related to inadequate emergency access. However, the General Plan EIR found that increased motor vehicle traffic and increased congestion associated with implementation of the General Plan could result in increased emergency response times, and increased vehicle traffic associated with the 2010-2035 General Plan could result in increased traffic congestion as described under Impacts 4.12-1 through

4.12-5. This congestion, anticipated mainly during the morning and evening commute periods, would result in decreased travel speeds and increased emergency vehicle response times on key routes in the City. To mitigate the impact of the 2010-2035 General Plan on emergency vehicle response times, the General Plan included a prerequisite policy 5.1.1-P5. With implementation of this policy, the General Plan EIR determined that the impact would be less than significant.

Since the proposed project does not include any changes to general plan land use designations, or circulation or related policies, the project will not result in an increase in potential design hazards beyond what was analyzed in the General Plan EIR or subsequent EIRs: project impacts would be similar to those evaluated in the General Plan EIR and less than significant. Therefore, the proposed project would not result in impacts related to emergency access.

Cumulative Impacts
The General Plan EIR determined that under cumulative conditions, which assumes build-out of all planned growth in the region, including the City’s Draft General Plan, regional roadways and highways would experience levels of service in excess of those identified by responsible agencies, for which no feasible mitigation exists. These cumulative impacts, and the City’s contribution to them under the General Plan, were determined to be significant and unavoidable.

Since the proposed project does not include any changes to general plan land use designations, or circulation or related policies, the project will not result in an increase in cumulative impacts beyond what was analyzed in the General Plan EIR or subsequent EIRs. Project impacts would be similar to those evaluated in the General Plan EIR and significant and unavoidable. Therefore, the proposed project would not result in cumulative transportation impacts.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect on Transportation beyond the potential impacts already identified in the General Plan EIR and subsequent specific plan and area plan EIR’s. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and the EIR’s for subsequent specific plans and area plans. Therefore, the proposed project would not generate any additional vehicle trips or VMT. Development of future housing would be subject to project-level environmental review pursuant to CEQA upon application for entitlement permits and would also be subject to existing mitigation measures. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required. 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 103 City of Santa Clara
Applicable General Plan EIR Mitigation Measures
MM 4.12-1: Adopt Prerequisite Policy 5.1.1-P5. Prior to the implementation of Phase IIiv and III of the 2010-2035 General Plan, evaluate appropriate measures to maintain emergency response time standards.

iv Note that Policy 5.1.1-P5 was modified as part of the 2014 General Plan Update, which was adopted with a MND. As modified, the Policy now directs the evaluation of appropriate measures to maintain emergency response time standards prior to the implementation of Phase III, rather than Phases II and III.
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4.18 – Tribal Cultural Resources
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a Cultural Native American tribe, and that is:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Listed or eligible for
listing in the California
Register of Historical
resources, or in a local
register of historical
resources as defined in
Public Resources Code
Section 5020.1(k), or
No Not Examined No No No
b) A resource determined
by the lead agency, in its
discretion and supported by
substantial evidence, to be
significant pursuant to
criteria set forth in
subdivision (c) of Public
Resources Code Section
5024.1. In applying the
criteria set forth in
subdivision (c) of Public
Resource Code Section
5024.1, the lead agency
shall consider the
significance of the resource
to a California Native
American tribe.

No Not Examined No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Listed or Eligible Historical Resources. The General Plan EIR did not specifically evaluate impacts to Tribal cultural resources because it was not required by CEQA until the passage of Assembly Bill 52 (AB 52) in 2014, which requires consultation between lead agencies and Tribal representatives for projects within Tribal territory. However, the General Plan EIR found that implementation of General Plan policies and programs, including application of the California Historic Building Code and the City’s Combining Historic Districts, the City’s design review process, and referral of projects involving historic resources to the Historical and Landmarks Commission, would serve to minimize historic resources impacts. The General Plan EIR further determined implementation of General Plan policies and existing programs would reduce the impact to cultural resources to less than significant with respect to Tribal 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 105 City of Santa Clara
Cultural Resources. There were no known tribal historical resources that were identified in the General Plan EIR.

Since the proposed project does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan including subsequent amendments related to specific plans or area plans, project impacts would be similar to the General Plan EIR and subsequent EIRs. Impacts related to resources listed or eligible for listing in the California Register of Historical resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k) would be less than significant as a result of the proposed project. (b) Significant Tribal Resources. The General Plan EIR did not specifically evaluate impacts to Tribal cultural resources because it was not required by CEQA until the passage of Assembly Bill 52 (AB 52) in 2014, which requires consultation between lead agencies and Tribal representatives for projects within Tribal territory. In addition, the General Plan EIR found that the potential for project-level impacts to unidentified and unrecorded tribal cultural places remains moderate to high. It was also found that future excavation and grading activities could result in impacts to human remains. However, the General Plan EIR found that 2010-2035 General Plan includes a range of policies to ensure the protection of cultural resources and thus, impacts to cultural resources were found to be less than significant.

Therefore, the General Plan EIR determined impacts to cultural resources would be less than significant. Similarly, subsequent EIRs for the Patrick Henry Drive SP and the Freedom Circle FFA found that impacts would be less than significant with incorporation of mitigation measures. Therefore, subsequent EIRs have determined that this impact is less than significant and the following subsequent EIR mitigation measures will apply to the proposed Housing Element Update:
 Patrick Henry Drive SP – see mitigation measure 7-2
 Freedom Circle Drive- see mitigation measure 7-4
Since the proposed project does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan including subsequent amendments related to specific plans or area plans, project impacts would be similar to the General Plan EIR and subsequent EIRs and would be less than significant (or less than significant with mitigation). Therefore, impacts to tribal cultural resources would not occur as a result of the proposed project. In addition, all future discretionary proposals will be subject to the current requirements of AB 52 (2014) and SB 18 (2004).Therefore, impacts to tribal cultural resources would not occur as a result of the proposed project.

Cumulative Impacts
The General Plan EIR did not specifically evaluate cumulative impacts related to Tribal cultural resources because it was not required by CEQA until the passage of Assembly Bill 52 (AB 52) in 2014, which requires consultation between lead agencies and Tribal representatives for projects within Tribal territory. However, the General Plan EIR found that Projects in the City and other cumulative projects would implement mitigation that avoids or substantially lessens potentially significant impacts to cultural resources, as required by State law. These mitigation strategies would typically involve pre-construction identification surveys; significance evaluations; consultation with tribal descendant communities; culturally and legally appropriate treatment of human remains; archaeological construction monitoring; resource documentation; and data recovery for unavoidable impacts. These mitigation strategies would generally avoid or substantially lessen the severity of impacts to tribal cultural resources. Therefore, the General Plan EIR determined that the City’s contribution to cumulative impacts associated with cultural resources is less than cumulatively considerable.
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Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan including subsequent amendments related to specific plans or area plans, project impacts would be similar to the General Plan EIR and subsequent EIRs. Therefore, cumulative impacts to tribal cultural resources would be less than significant with incorporation of mitigation.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect on any tribal cultural resource. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR. Development of future housing would be subject to environmental review pursuant to CEQA, as well as AB 52 and SB 18 requirements upon application for entitlement permits. Projects found to be not exempt from CEQA would be subject to analysis and mitigation, if required. No new significant impacts and no substantial increase in the severity of previously identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
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4.19 – Utilities and Service Systems
Would the project:

Effect
Examined
in General
Plan EIR?
Conclusion
in General
Plan EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing New
or More
Severe
Impacts?
a) Require or result in the
relocation or construction of
new or expanded water,
wastewater treatment or
storm water drainage,
electric power, natural gas,
or telecommunications
facilities, the construction or
relocation of which could
cause significant
environmental effects?
No Not
Examined No No No
b) Have sufficient water
supplies available to serve
the project and reasonably
foreseeable future
development during normal,
dry and multiple dry years?
Yes
Less than
Significant
Impact
No No No
c) Result in a determination
by the wastewater treatment
provider which serves or
may serve the project that it
has adequate capacity to
serve the project’s Projected
demand in addition to the
provider’s existing
commitments?
Yes
Less than
Significant
Impact
No No No
d) Generate solid waste in
excess of State or local
standards, or in excess of
the capacity of local
infrastructure, or otherwise
impair the attainment of solid
waste reduction goals?
Yes
Less than
Significant
with
Mitigation
Incorporated
No No No
e) Comply with federal,
state, and local management
and reduction statutes and
regulations related to solid
waste?
Yes
Less than
Significant
with
Mitigation
Incorporated
No No No
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Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Utility Infrastructure. The General Plan EIR not specifically analyze impacts related to relocation or construction of storm water drainage, electric power, natural gas, or telecommunications facilities.

However, as shown in the responses below, the General Plan EIR found that impacts related to water and wastewater treatment facilities would be less than significant. In addition, project impacts with respect to stormwater drainage, electric power, natural gas and telecommunications facilities would be no greater than those that would occur under the General Plan EIR (and Subsequent EIRs) because the proposed project does not include any changes to general plan land use designations, including changes that would increase the growth capacity of the General Plan. Therefore, impacts to utility infrastructure from the proposed project would be less than significant and similar to impacts analyzed in the General Plan EIR and subsequent amendments.
(b) Sufficient Water Supplies. The General Plan EIR noted that new development under the 2010- 2035 General Plan would increase water demand within the City. However, it was also noted that the City’s Water Utility had determined that there would be sufficient water supplies to provide service to the City for the 2010-2035 General Plan under normal and single critical dry year scenarios. In the event of a multiple dry year event and the loss of supply from SFPUC, the General Plan EIR found that there is a projected shortfall of 0.6 percent or 193 afy in the year 2035, and the City plans to meet future demand growth by pumping additional groundwater, relying on more recycled water, and increased conservation. Future pumping by the City of Santa Clara, in combination with the multiple other users of the Santa Clara Sub-Basin, would not be expected to contribute to cumulative groundwater pumping impacts, i.e., withdrawals above the basin’s safe yield, given the Water District’s reasonably foreseeable recharge and groundwater management programs. However, should the District’s recharge program be affected by reduced availability of imported water, there is the potential for future cumulative groundwater basin demand to exceed the aquifer’s safe yield. These impacts were considered potentially significant by the General Plan EIR. However, with the application of Mitigation Measure 4.7- 1 which address the potential for groundwater overdraft, the General Plan EIR determined that impacts to water supplies would be less than significant. Similarly, subsequent EIRs for the Patrick Henry Drive SP and the Freedom Circle FFA found that impacts would be less than significant with incorporation of mitigation measures. Therefore, the following subsequent EIR mitigation measures will apply to the proposed Housing Element Update:
 Patrick Henry Drive SP – see mitigation measure 18-1
 Freedom Circle Drive- see mitigation measure 18-5
Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan including subsequent amendments related to specific plans or area plans, project impacts would be similar to the General Plan EIR and subsequent EIRs. Therefore, impacts to water supplies would be less than significant with incorporation of mitigation.
(c) Wastewater Treatment Capacity. The General Plan EIR found that future projected wastewater flows would increase but remain within the City’s allocation of capacity at the San Jose/Santa Clara Water Pollution Control Plant (WPCP), now called the “Regional Wastewater Facility” (RWF). It was also found that sanitary sewer conveyance capacity would need to be increased at select locations throughout the City to serve the increased wastewater flows from new development. The General Plan EIR noted that it is a City requirement that new industrial, commercial, and major residential development be reviewed to determine projected wastewater load and available sewer capacity before zoning approval or permits are approved and, to the extent that additional sewer collection system improvements may be identified as necessary to serve the development, such improvements will 4 – Evaluation of Environmental Impacts
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become the responsibility of the project applicants. Therefore, the General Plan EIR determined that impacts to wastewater services would be less than significant.

The Freedom Circle EIR found that project wastewater would exceed the exceed the current combined wastewater capacity of the Northside and Rabello pump stations (46.1 million gallons per day or mgd) by 0.2 mgd (for a total of 46.3 mgd), which represents a cumulative wastewater impact. Therefore, the proposed Freedom Circle Focus Area Plan contribution to cumulative pump station capacity at the Northside and Rabello pump stations was determined to be a significant cumulative impact. However, with implementation of Mitigation Measure 18-5 which, requires individual developments to make fair share contributions wastewater pump station improvements, potential impacts are less than significant. (d, e) Solid Waste Infrastructure/Regulations. The General Plan EIR noted that new development allowed under the General Plan would generate solid waste that can be accommodated under the existing landfill disposal contract through 2024. However, it was also noted that the City has no specific plan for disposing of solid waste beyond 2024, including waste generated by existing uses, but will undertake a process to identify a solution prior to 2024. Since no solution to this issue was identified when the EIR was certified this issue was considered significant. The City further determined that there were no feasible measures to reduce this impact and determined that it the impacts was significant and unavoidable. Both the EIR and the findings adopting the EIR indicated that an expansion of the Newby Island landfill was being evaluated and that the City also owns property outside its jurisdiction that could potentially provide this service. In addition, Prerequisite Policy 5.1.1-P22vrequires the re-evaluation of landfill capacity. This assessment could also examine the City's progress on attaining recycling goals in order to evaluate whether there is a continuing long-term need for solid waste capacity. The City found this impact to be significant and unavoidable.

Since the proposed Housing Element Update does not include any changes to general plan land use designations or policies that would increase the growth capacity of the General Plan including subsequent EIRs related to specific plans or area plans, project impacts would be similar to the General Plan. Therefore, impacts related to solid waste infrastructure from the proposed project would significant and unavoidable.

Cumulative Impacts
As discussed above the General Plan EIR found that there were potential cumulative impacts with respect to water supply and solid waste. Potential impacts to water supply were determined to be less than significant with mitigation and potential impacts to solid waste capacity were determined to be significant, adverse and unavoidable.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect on utilities and services. The RHNA allocation described in the Housing Element Update would be within the amount of residential development analyzed within the General Plan EIR and the EIR’s for subsequent specific plans and area plans. Development of future housing would be subject to project-level environmental review pursuant to CEQA upon application for entitlement permits and would also be subject to existing mitigation measures. No new significant impacts and no substantial increase in the severity of previously

v After the 2014 General Plan amendments, this policy was renumbered 5.5.1-P21, and directs the City to identify solid waste disposal faciltieis to serve development in Phase III of the General Plan. 4 – Evaluation of Environmental Impacts
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identified impacts associated with the proposed Housing Element Update would occur. Likewise, there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation are required.

Applicable General Plan EIR Mitigation Measures
MM 4.7-1: To prevent a cumulatively considerable contribution to a potential future overdraft of the Santa Clara Sub-Basin, the City shall update the forecast groundwater pumping supply quantities every five years with each UWMP to align water supply availability with the water demand associated with each General Plan Phase. Future Santa Clara UWMPs will be coordinated with the Water District and implement alternative sources (i.e., recycled water and increased conservation) if cumulative groundwater pumping, based on all water retailers UWMPs, would exceed the Santa Clara Sub-Basin safe yield. With implementation of this program mitigation measure, potential future impacts associated with supplying future development envisioned by the General Plan would be reduced to a less than significant level.
4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 111 City of Santa Clara

4.20 – Wildfire
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Substantially impair an
adopted emergency
response plan or emergency
evacuation plan?
No Not Examined No No No
b) Due to slope, prevailing
winds, and other factors,
exacerbate wildfire risks, and
thereby expose project
occupants to, pollutant
concentrations from a
wildfire or the uncontrolled
spread of wildfire?
No Not Examined No No No
c) Require the installation
or maintenance of
associated infrastructure
(such as roads, fuel breaks,
emergency water sources,
power lines or other utilities),
that may exacerbate fire risk
or that may result in
temporary or ongoing
impacts to the environment?
No Not Examined No No No
d) Expose people or
structures to significant risks,
including downslope or
downstream flooding or
landslides, as a result of
runoff, post-fire slope
instability, or drainage
changes?
No Not Examined No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments Please note that none of the impacts in this section were evaluated in the General Plan EIR because this impact area was added to the Appendix G of the CEQA Guidelines in 2019 and thus post-dates the EIR. In addition, the Wildfire section of Appendix G applies only to areas within or near State responsibility areas or lands classified as very high fire hazard severity zones and these conditions do 4 – Evaluation of Environmental Impacts
112 Addendum to the General Plan EIR
Admin Draft December 21, 2022
not apply to the City of Santa Clara. The General Plan EIR also indicates that there are no wildfire hazards in the City of Santa Clara (See Page 409).
(a) Impairment of Emergency Plans. The General Plan EIR did not examine this potential impact.

However, Section 4.13, Hazards, of the General Plan EIR found that there are no wildfire hazards in the City of Santa Clara, and further fount that it would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. In addition, the proposed project will not result in any changes to general plan land use designations or circulation policies that could increase potential impacts beyond those analyzed in the General Plan EIR. Therefore, the proposed project would not substantially impair an adopted emergency response plan or emergency evacuation plan.
(b) Pollutant Concentrations from Wildfire. The General Plan EIR did not examine this potential impact. However, Section 4.13, Hazards, of the General Plan EIR found that there are no wildfire hazards in the City of Santa Clara. In addition, the City is predominantly flat with no areas with steep slopes or wildland interface areas. Therefore, the proposed project would not expose persons to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire. (c) Installation or Maintenance of Associated Infrastructure. The General Plan EIR did not examine this potential impact. However, Section 4.13, Hazards, of the General Plan EIR found that there are no wildfire hazards in the City of Santa Clara and the City is not within or near a Very High Fire Hazard Severity Zone. The City has been largely built out and the necessary infrastructure is in place to support the proposed project. Project roadways would connect to the existing roadway system in the area and utility connections would be made for sewer and electric services. No wildlands exist in the vicinity of the project site, and the development of the site would not result in any hazards related to wildland fires.

The project would not require the installation or maintenance of associated infrastructure that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment. Therefore, impacts related to installation or maintenance of associated infrastructure would be less than significant. (d) Post-Fire Slope Instability or Drainage Changes. The General Plan EIR did not examine this potential impact. However, Section 4.13, Hazards, of the General Plan EIR found that there are no wildfire hazards in the City of Santa Clara. The City is not located within or near a Very High Fire Hazard Severity Zone and is relatively flat. Because no wildlands exist in the vicinity of the City, the project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes. Development of the proposed project would comply with the California Uniform Building Code for grading and drainage.

Therefore, impacts related to post-fire slope instability or drainage changes would be less than significant.

Cumulative Impacts
The General Plan EIR did not examine potential cumulative wildfire impacts. However, Section 4.13, Hazards, of the General Plan EIR found that there are no wildfire hazards in the City of Santa Clara and the City is not within or near a Very High Fire Hazard Zone. Therefore, the proposed project would not result in cumulative wildfire impacts.

Conclusion
The proposed Housing Element Update would not have a substantial adverse effect with respect to Wildfire as the City is not within or near a state responsibility area or Very High Fire Hazard Zone, built out, predominantly flat and does not contain areas that are within a wildland/urban interface. Likewise, 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 113 City of Santa Clara
there is no new information of substantial importance requiring new analysis or verification. The Housing Element Update does not propose substantial changes that require major revisions to the General Plan EIR, and no new mitigation measures are required. As such, no subsequent environmental analysis and no new mitigation is required.

Applicable General Plan EIR Mitigation Measures
No applicable General Plan EIR mitigation measures.
4 – Evaluation of Environmental Impacts
114 Addendum to the General Plan EIR
Admin Draft December 21, 2022

4.21 – Mandatory Findings of Significance
Effect
Examined
in General
Plan EIR?
Conclusion in
General Plan
EIR and
Subsequent
EIRs?
Proposed
Changes
Involving
New or
More Severe
Impacts?
New
Circumstances
Involving New
or More Severe
Impacts?
New
Information
Showing
New or More
Severe
Impacts?
a) Does the project have
the potential to degrade the
quality of the environment,
substantially reduce the
habitat of a fish or wildlife
species, cause a fish or
wildlife population to drop
below self-sustaining levels,
threaten to eliminate a plant
or animal community, reduce
the number or restrict the
range of a rare or
endangered plant or animal
or eliminate important
examples of the major
periods of California history
or prehistory?
Yes
Less than
Significant
with Mitigation
Incorporated
No No No
b) Does the project have
impacts that are individually
limited, but cumulatively
considerable?
Yes
Significant
and
Unavoidable
No No No
c) Does the project have
environmental effects which
will cause substantial
adverse effects on human
beings, either directly or
indirectly?
Yes
Less than
Significant
Impact
No No No
Proposed Project in Relation to the General Plan EIR and Subsequent Amendments (a) Significant Biological or Cultural Impacts. The results of the preceding analysis indicate that the proposed Housing Element Update will have less than significant impacts to sensitive biological, historical, archaeological, and paleontological resources with incorporation of mitigation. Impacts to scenic vistas, scenic resources, and visual character will be less than significant. Considering the programmatic level of analysis will not authorize any development plan, redevelopment of any existing sites, or construction of new infrastructure, and will not change existing City land use policy regarding locations or intensities of development, and it will not result in any effects that would degrade the quality of the environment beyond such impacts already analyzed in the General Plan EIR and subsequent Specific Plan EIR’s. Therefore, the City finds that impacts related to degradation of the environment will be less than significant and no new mitigation is required. (b) Cumulative Impacts. Cumulative effects resulting from full implementation of City land use policies were evaluated in the General Plan EIR and subsequent Specific Plan EIR’s. The proposed Housing 4 – Evaluation of Environmental Impacts
Santa Clara 2023-2031 6th Cycle Housing Element Update 115 City of Santa Clara
Element Update will not change any of these policies and does not propose any specific development or redevelopment project that could contribute to short-term or long-term cumulative impacts that were not addressed sufficiently in the General Plan EIR and subsequent Specific Plan EIR’s. The proposed Housing Element Update does not include any changes to land use designations and thus is consistent with the project analyzed in the General Plan EIR and subsequent EIRs. The City hereby finds that the proposed Housing Element Update’s individual contribution to potentially significant cumulative impacts is not considerable and no additional mitigation is required. (c) Substantial Adverse Effects on Human Beings. As supported by the preceding environmental evaluation, the proposed Housing Element Update will not result in substantial adverse effects on human beings. It has been determined through analysis supported by substantial evidence that the proposed Housing Element Update has been determined to have little or no adverse impacts on people or the environment as evaluated in the 20 preceding environmental topics. The City hereby finds that direct and indirect impacts on human beings will be less than significant and no additional mitigation is required.
4 – Evaluation of Environmental Impacts
116 Addendum to the General Plan EIR
Admin Draft December 21, 2022
This Page Intentionally Left Blank.

Santa Clara 2023-2031 6th Cycle Housing Element Update 117 City of Santa Clara
5 Applicable General Plan EIR Mitigation Measures
The following General Plan EIR mitigation measures are applicable to the proposed Housing Element Update:

AIR QUALITY
MM 4.10-1: Policy 5.1.1-P25 should be added to the Prerequisite section as follows:

Policy 5.1.1-P25: Prior to the implementation of Phase II,vi the City will include a Community Risk Reduction Plan (CRRP) for acceptable TAC concentrations consistent with the BAAQMD CEQA Guidelines, including risk and exposure reduction targets, measures to reduce emissions, monitoring procedures, and a public participation process.

Policy 5.10.5-P34 should be added to the Safety section as follows:

Policy 5.10.5-P34: Include minimum setbacks of 500 feet for roadways with average daily trips of 100,000 or more and 100 feet for railroad tracks for new residential or other uses with sensitive receptors, unless a project-specific study identifies measures such as, site design, tiered landscaping, air filtration systems, windows design to reduce exposure, demonstrating that the potential risks can be reduced to acceptable levels.

MM 4.10-2: Policy 5.10.5-P35 should be added to the Safety section as follows:

Policy 5.10.5-P35: Establish minimum buffers between odor sources and new residential or other uses with sensitive receptors, consistent with the BAAQMD guidelines, unless a project-specific study demonstrates that these risks can be reduced to acceptable levels.

BIOLOGICAL RESOURCES
MM 4.9-1: Congdon’s Tarplant Program Mitigation: On parcels with ruderal grasslands, surveys will be conducted prior to future development to document the presence/absence of Congdon’s tarplant. In the event the species is present, the project design will incorporate an adequate buffer, as determined by a qualified biologist, to ensure the Congdon’s tarplant is not threatened by development.

MM 4.9-2: Burrowing Owl Program Mitigation: Future development on parcels with ruderal grasslands will include the following standard measures to reduce potential WBO impacts to a less than significant level:

1. Determine Burrowing Owl Presence

vi Note that Policy 5.1.1-P25 was modified as part of the 2014 General Plan Update, which was adopted with a MND. As modified, the Policy now directs the preparation of the CRRP prior to implementation of Phase III, rather than Phase II
5 – Applicable Mitigation Measures
118 Addendum to the General Plan EIR
Admin Draft December 21, 2022
a. Breeding Season Surveys
Standardized surveys are necessary to determine presence (or presumed absence) of burrowing owls for the purposes of inventory, monitoring, avoidance of take, and determining appropriate mitigation. In California the breeding season begins as early as February 1 and continues through August 31. The California Burrowing Owl Consortium (Consortium) survey protocol specifies a multi-phase approach, which is recommended in order to adequately evaluate burrowing owl use of an area and to inform the CEQA process. The Department recommends that the Consortium survey protocol for breeding season surveys be adhered to (4 survey visits spread evenly (roughly every 3 weeks) during the peak of the breeding season, from April 15-July 15) The habitat assessment, intensive burrow surveys and burrowing owl surveys should include the area within 150 meters of the project boundaries (approximately 500 feet). b. Non-Breeding Season Surveys (Including Winter)
Surveys during the non-breeding season (September 1- January 31) are recommended by the Department but are not generally required because burrowing owls are much more difficult to detect during the non-breeding season, and the number or type of surveys that would be needed to detect presence then has not been studied or quantified. Negative results during any nonbreeding season surveys are not conclusive proof that owls do not use the site. Because of this complication, the DFG recommends breeding season surveys as the first step, but project applicants should consult with the Department if burrowing owls have been documented on the project site during the nonbreeding season.

2. Avoid Impacts (destruction, disturbance) to Individual Owls d. Pre-Construction Surveys for Owl Presence
Pre-construction surveys (usually initiated during the non-breeding season) are necessary for assessing owl presence at a site within a short time period before site modification is scheduled to begin. Pre-construction surveys are supplemental to the existing breeding season survey protocol (4 survey visits spread evenly during the peak of the breeding season, from April 15- July 15). Initial pre-construction surveys should be conducted no more than 30 days prior to ground-disturbing activities (for example, disking, clearing, grubbing, grading). Generally, at a minimum, 4 survey visits on at least 4 separate days will be necessary, The time lapse between surveys and site disturbance should be as short as possible and will be determined by DFG based on specific project conditions but generally should not exceed 7 days. Additional surveys are necessary when the initial disturbance is followed by periods of inactivity or the development is phased spatially and/or temporally over the project area. Biologists conducting preconstruction surveys should expend enough effort, based on the above criteria, to assure with a high degree of certainty that take of owls will not occur once site modification and grading activities begin. The report should be submitted to the DFG for review. e. Buffer Zones Around Occupied Burrows (Year-Round)
Buffer zones to protect burrowing owls from direct disturbance should be implemented pursuant to the Consortium Guidelines and the Department’s Staff Report (1995). 5 – Applicable Mitigation Measures
Santa Clara 2023-2031 6th Cycle Housing Element Update 119 City of Santa Clara
Generally, the buffers recommended in these reports for protecting burrowing owls from disturbance is 75 meters (250 feet) from occupied burrows during the breeding season and 50 meters (160 feet) from occupied burrows during the non-breeding season.

Consultation with the Department may result in site-specific buffer specifications, on a case-by-case basis.
f. Passive Relocation
If construction will directly impact occupied burrows, eviction of owls should occur outside the nesting season to prevent injury or mortality of individual owls. No burrowing owls will be evicted from burrows during the nesting season (1 February through 31 August) unless evidence indicates that nesting is not actively occurring (e.g., because the owls have not yet begun nesting early in the season, or because young have already fledged late in the season). Relocation of owls during the non-breeding season will be performed by a qualified biologist using one-way doors, which should be installed in all burrows within the impact area and left in place for at least two nights. These one-way doors will then be removed and the burrows backfilled immediately prior to the initiation of grading. Furthermore, should the Valley HCP, once adopted, include a regional WBO mitigation program that would be available to future projects in Santa Clara, future projects may have a feasible option to mitigate for their individual impacts to loss of WBO foraging and/or nesting habitat by participating in the Valley HCP’s program.

NOISE
MM 4.14-1: Use the Federal Transit Administration vibration impact criteria, as described above under the Regulatory Setting, to evaluate the land use compatibility of sensitive uses proposed along the railroad/light-rail corridor using the best available information (e.g., High Speed Rail Program EIR) or site-specific measurements and analyses (assuming active railroad operations). Developers of sensitive uses shall demonstrate that potential impacts of existing or potential vibration have been minimized to the maximum feasible extent.

MM 4.14-2: Case studies have shown that the replacement of dense grade asphalt (standard type) with open-grade or rubberized asphalt can reduce traffic noise levels along local roadways by 2 to 3 dBA CNEL. A possible noise reduction of 2 dBA would be expected using conservative engineering assumptions, and future traffic noise increases could be mitigated to a less than significant level by repaving roadways with “quieter pavements.” To be a permanent mitigation, subsequent repaving would also have to use “quieter” pavements. Existing residential receivers located along Tasman Drive between Lafayette Street and the easternmost City limits either front the roadway (private outdoor use areas are located behind the homes) or have outdoor use areas adjacent to the roadway that may or may not be shielded by fences or noise barriers. In situations where private outdoor use areas are located adjacent to the roadway, new or larger noise barriers could be constructed to provide the additional necessary noise attenuation in private use areas. Typically, increasing the height of an existing barrier results in approximately one dBA of attenuation per one foot of additional barrier height. The design of such noise barriers would require additional analysis. Traffic calming could also be implemented to reduce noise levels expected with the project. Each five mph reduction in average speed provides approximately one dBA of noise reduction on an average basis (Leq/CNEL). Traffic calming measures that regulate speed improve the noise environment by smoothing out noise levels. Residences could also be provided 5 – Applicable Mitigation Measures
120 Addendum to the General Plan EIR
Admin Draft December 21, 2022
with sound insulation treatments if further study finds that interior noise levels within the affected residential units would exceed 45 dBA CNEL as a result of the projected increase in traffic noise. Treatments to the homes may include the replacement of existing windows and doors with sound-rated windows and doors and the provision of a suitable form of forced-air mechanical ventilation to allow the occupants the option of controlling noise by closing the windows. The specific treatments for each affected residential unit would be identified on a case-by-case basis.

MM 4.14-3: Develop construction noise control plans that consider the following available controls in order to reduce construction noise levels as low as practical: Utilize ‘quiet’ models of air compressors and other stationary noise sources where technology exists; Equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment; Locate all stationary noisegenerating equipment, such as air compressors and portable power generators, as far away as possible from adjacent land uses; Locate staging areas and construction material areas as far away as possible from adjacent land uses; Prohibit all unnecessary idling of internal combustion engines; Notify all adjacent land uses of the construction schedule in writing; Designate a "disturbance coordinator" who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and will require that reasonable measures warranted to correct the problem be implemented. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule.

TRANSPORTATION
MM 4.12-1: Adopt Prerequisite Policy 5.1.1-P5. Prior to the implementation of Phase IIvii and III of the 2010-2035 General Plan, evaluate appropriate measures to maintain emergency response time standards.

UTILITIES AND SERVICE SYSTEMS
MM 4.7-1: To prevent a cumulatively considerable contribution to a potential future overdraft of the Santa Clara Sub-Basin, the City shall update the forecast groundwater pumping supply quantities every five years with each UWMP to align water supply availability with the water demand associated with each General Plan Phase. Future Santa Clara UWMPs will be coordinated with the Water District and implement alternative sources (i.e., recycled water and increased conservation) if cumulative groundwater pumping, based on all water retailers UWMPs, would exceed the Santa Clara Sub-Basin safe yield. With implementation of this program mitigation measure, potential future impacts associated with supplying future development envisioned by the General Plan would be reduced to a less than significant level.

vii Note that Policy 5.1.1-P5 was modified as part of the 2014 General Plan Update, which was adopted with a MND. As modified, the Policy now directs the evaluation of appropriate measures to maintain emergency response time standards prior to the implementation of Phase III, rather than Phases II and III.

Santa Clara 2023-2031 6th Cycle Housing Element Update 121 City of Santa Clara
6 References

6.1 – List of Preparers
City of Santa Clara (Lead Agency)
Planning Division
1500 Warburton Avenue
Santa Clara, California 95050
(408) 615-2478
 John Davidson, Principal Planner
MIG (Environmental Analysis)
1650 Spruce Street, Suite 106
Riverside, California 92507
951-787-9222
 Pamela Steele, Principal
 Bob Prasse, Director of Environmental Services
 Cameron Hile, Senior Analyst

6.2 – Persons and Organizations Consulted
None.
6 – References
122 Addendum to the General Plan EIR
Admin Draft December 21, 2022

6.3 – Bibliography
California Department of Conservation. Farmland Mapping and Monitoring Program. Web:
https://www.conservation.ca.gov/dlrp/fmmp. [Accessed November 2022].

California Department of Forestry and Fire Protection (CAL FIRE). Ventura County Fire Hazard Severity Zone Maps. Web: https://egis.fire.ca.gov/FHSZ/. [Accessed November 2022].

California Department of Transportation (Caltrans). California State Scenic Highways Maps. Web:
https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-iscenic-highways. [Accessed November 2022].

California Environmental Protection Agency. DTSC’s Hazardous Waste and Substances Site List (Cortese List). Web: https://calepa.ca.gov/sitecleanup/corteselist/. [Accessed December 2022].

California Environmental Protection Agency. List of Active CDO and CAO. Web:
http://www.calepa.ca.gov/sitecleanup/corteselist/. [Accessed December 2022].

California Environmental Protection Agency. List of Hazardous Waste Facilities Subject to Corrective Action Pursuant to Section 25187.5 of the Health and Safety Code. Web:
http://www.calepa.ca.gov/sitecleanup/corteselist/. [Accessed December 2022].

CalRecycle. Identify Disposal Facility Capacity Shortfalls. http://www.calrecycle.ca.gov/FacIT/facility/disposalgap.aspx [Accessed December 2022].

California Water Resources Control Board. Geotracker. Web: https://geotracker.waterboards.ca.gov/. [Accessed December 2022].

California Water Resources Control Board. List of Solid Waste Disposal Sites. Web:
https://calepa.ca.gov/sitecleanup/corteselist/. [Accessed December 2022].

Resolution/Housing Element Update 2023 Addendum Page 1 of 4 Rev: 11/22/17
RESOLUTION NO. 23-9188

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,

TO ADOPT AN ADDENDUM TO THE GENERAL PLAN

ENVIRONMENTAL IMPACT REPORT, FOR ADOPTION OF THE
6TH CYCLE HOUSING ELEMENT (2023-2031)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and WHEREAS, the legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Santa Clara (City) regional housing need allocation (RHNA) of 11,632 housing units, comprised of 2,872 very-low income units, 1,653 low-income units, 1,981 moderateincome units, and 5,126 above moderate-income units; and WHEREAS, to comply with State Housing Element Law, the City of Santa Clara has prepared its Housing Element Update for the years 2023-2031 (the Housing Element); and Resolution/Housing Element Update 2023 Addendum Page 2 of 4 Rev: 11/22/17
WHEREAS, as provided in Government Code Section 65350 et. seq., the Housing Element constitutes a General Plan Amendment; and
WHEREAS, the Project approvals will include a resolution approving the Addendum to the General Plan EIR; and a resolution approving the General Plan Amendment (collectively, the “Approvals”); WHEREAS, the City has prepared an Addendum to the 2010-2035 General Plan Environmental Impact Report adopted by the City Council on November 16, 2010, and to the environmental review documents that were prepared for subsequent amendments to the General Plan that affected housing development in the City, including but not limited to the December 2013 Climate Action Plan Negative Declaration; the February 2016 Mission Town Center EIR; the 2016 Related Santa Clara EIR; the November 2016 Lawrence Station Area Plan EIR; the July 2018 575 Benton Project Addendum; the July 2019 Gateway Crossings EIR; the March 2022 Patrick Henry Drive Specific Plan EIR; the June 2022 Climate Action Plan Addendum; and the June 2022 Freedom Circle Future Focus Area EIR (collectively, the “Subsequent Documents”), all of which provide environmental clearance for all of the units in the 6th cycle Housing Sites Inventory; WHEREAS, a notice of the public hearing on the proposed General Plan Amendment was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on December 11, 2022, for the January 11, 2023 Planning Commission Meeting and the January 31, 2023 City Council meeting; and
WHEREAS, on January 11, 2023, the Planning Commission opened the public hearing to consider the proposed General Plan Amendment, and then continued the hearing to January 23, 2023; and WHEREAS, on January 20, 2023, the City published a revised draft Housing Element with the changes required by HCD (see Housing Element Exhibit A – HCD Comments and Reponses) and requested public comment on the draft; and
WHEREAS, on January 23, 2023, the Planning Commission resumed the previously-opened public hearing to consider the proposed General Plan Amendment, and then subsequently continued the hearing to January 26, 2023; and
Resolution/Housing Element Update 2023 Addendum Page 3 of 4 Rev: 11/22/17
WHEREAS, the Planning Commission reviewed the Addendum to the General Plan EIR, in accordance with the requirements of CEQA, along with the City Staff report pertaining to the Project, and all evidence received at a duly noticed public hearing on January 26, 2023. All these documents and evidence are incorporated herein by reference into this Resolution; and WHEREAS, the Planning Commission recommended that the City Council approve the Addendum to the General Plan EIR, in accordance with CEQA for the Project; and WHEREAS, on January 31, 2023, the City Council conducted a public hearing, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed Addendum to the General Plan EIR.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1 That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.

2. That the City Council hereby finds that the Addendum to the General Plan EIR has been completed in compliance with CEQA.

3. That the City Council hereby finds that the Addendum to the General Plan EIR has been presented to the Council, which reviewed and considered the information and analysis contained therein, and that the Addendum represents the independent judgment of the Council.

4. That the City Council hereby finds that the proposed General Plan Amendments do not involve substantial changes to the General Plan that would require major revisions to the previous EIR or Subsequent Documents.

5. That the City Council hereby finds that there is no substantial change in circumstances as a result of modifications to the General Plan that would require major revisions to the previous EIR and Subsequent Documents or cause new or substantially more severe significant impacts. //
//

6. That the City Council hereby finds that there is no new information of substantial importance that identifies new or more intense significant impacts than those identified in the General Plan EIR and Subsequent Documents.

7. Based on the findings set forth in this Resolution and the evidence in the City Staff Report, the City Council approves the Addendum to the General Plan EIR, in accordance with CEQA for the Project.

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

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

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 31 8T DAY OF JANUARY 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference: None
Resolution/Housing Element Update 2023 Addendum
Rev: 11 /22/17
Becker, Chahal, Hardy, Jain, Watanabe, and
Mayor Gillmor
Park
None
None
ATTEST:~
~ c

ASSISTANT CITY CLERK

CITY OF SANTA CLARA