Agenda packet — City Council and Authorities Concurrent, May 7, 2024 (part 8 of 14)

The following measures shall be implemented during construction:
- Orange construction barrier fencing shall be installed around the boundaries of portions of the drainage swale that are to be avoided prior to the initiation of construction activities.
- The fenced area will be designated as an Environmentally Sensitive Area and will be clearly identified in the construction specifications. - The fencing shall be maintained throughout the grading and construction period. - Grading, construction activities, traffic, equipment, or materials shall be prohibited in fenced wetland areas.

MM BIO-7.1: If avoidance is not proposed, to compensate for the permanent loss of mixed riparian woodland, riparian woodland habitat will be restored or created at a minimum ratio of 2:1 (compensation:impact) on an acreage basis, based on canopy area. This ratio is not higher due to the relatively low quality of the riparian woodland in the Plan Area relative to more extensive, less fragmented riparian woodland elsewhere along the Guadalupe River, but is not lower due to the temporal loss of riparian functions and values that will result from the lag between impacts to the woodland in the Plan Area and maturation of the mitigation habitat.

Compensation will be provided by planting riparian habitat so as to achieve the 2:1 ratio somewhere in the Santa Clara Valley, preferably along the Guadalupe River but along another stream if appropriate. Among other criteria, the mitigation site(s) must not currently be riparian. Mitigation habitat may be hydrologically isolated from the stream in question as long as it is located within 300 feet of the stream, is not separated from the stream by development other than a trail or levee, and is dominated by native riparian trees. Although some portions of the Ulistac Natural Area are more than 300 feet from the Guadalupe River, mitigation anywhere within the Natural Area would satisfy this measure. A qualified biologist shall develop a “Riparian Habitat Mitigation and Monitoring Plan” describing the mitigation, which will contain the following components (or as otherwise modified by regulatory agency permitting conditions):
• Summary of habitat impacts and proposed mitigation ratios • Goal of the restoration to achieve no net loss of habitat functions and values • Location of mitigation site(s) and description of existing site conditions • Mitigation design:
- Existing and proposed site hydrology
- Grading plan if appropriate, including bank stabilization or other site stabilization features
- Soil amendments and other site preparation elements as appropriate - Planting plan
- Irrigation and maintenance plan
- Remedial measures and adaptive management
• Monitoring plan (including final and performance criteria, monitoring methods, data analysis, reporting requirements, and monitoring schedule). Success criteria will include quantifiable measurements of riparian vegetation type (e.g., dominance by natives) and extent appropriate for the riparian restoration location, and provision of 5 – Applicable Mitigation Measures
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ecological functions and values equal to or exceeding those in the riparian habitat affected. At a minimum, success criteria will include following:
- At Year 10 post-planting, canopy closure at the mitigation site will be at least 60 percent of the canopy closure at a nearby reference site (i.e., a site supporting the same habitat type as that being established at the mitigation site). • The Riparian Habitat Mitigation and Monitoring Plan must be approved by the City of Santa Clara prior to the impact on mixed riparian woodland, and it must be implemented within one year following impacts.

Alternatively, mitigation may be provided by restoring or creating at a minimum ratio of 2:1 (compensation:impact) on an acreage basis by either: (a) purchasing credits at a suitably located mitigation bank in the Santa Clara Valley approved by the City of Santa Clara; or (b) donating funds to a project undertaking enhancement or restoration of wetland or riparian habitats in the Santa Clara Valley, approved by the City of Santa Clara.

MM BIO-8.1: If encroachment into the riparian buffer with incompatible uses (defined as hardscape or other impermeable surfaces, non-native landscape plantings, and paved permeable surfaces such as permeable pavers) is proposed, no buildings shall be constructed closer to the buffer baseline than are currently present (i.e., in one location, a corner of a building is within approximately 95 feet of the buffer baseline, and that limited area can include a building), unless mitigation is provided in accordance with MM BIO-8.2. In addition, no new buildings or structures, impervious surface, or non-native landscaping shall occur closer to the buffer baseline than is currently present (i.e. 75 feet). Compatible uses within these areas are public trails, native landscaping, and unpaved permeable surfaces (e.g. open ground).

MM BIO-8.2: If any encroachment into the riparian buffer is proposed, compensatory mitigation shall be provided to offset the impacts on the ecological functions and values of the riparian corridor. Such compensatory mitigation will be provided in one of two ways:
• At a minimum ratio of 1:1 (compensation:impact), on an acreage basis excluding wetlands and mixed riparian woodland, existing development (e.g., buildings or hardscape) along the Guadalupe River, either on-site or off-site (e.g., at Ulistac Natural Area), will be removed, and the developed area restored to native habitats and dedicated to natural habitat (rather than active human uses such as urban park).

For example, if a portion of the Plan Area were subject to riparian buffer encroachment, but a commensurate acreage of existing developed areas adjoining the Guadalupe River levee in other parts of the Plan Area were restored to native habitat, that would compensate for the riparian buffer encroachment impact. • At a minimum ratio of 2:1 (compensation:impact) on an acreage basis, riparian woodland habitat will be restored or created as described in Mitigation Measure BIO6.1 above to provide ecological functions and values that offset those lost due to riparian buffer encroachment.

MM BIO-9.1: During construction under the proposed Specific Plan, all seeds and straw materials used on-site shall be weed-free rice straw (or similar material acceptable to the City), and all gravel and fill material will be certified weed free to the satisfaction of the City and any deviation from this shall be approved by the Public Works Director. 5 – Applicable Mitigation Measures
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MM BIO-9.2: During construction of projects under the proposed Specific Plan, vehicles and all equipment shall be washed (including wheels, undercarriages, and bumpers) before and after entering the proposed project footprint. Vehicles will be cleaned at existing construction yards or legally operating car washes.

MM BIO-9.3: Following construction of projects under the proposed Specific Plan, a standard erosion control seed mix (acceptable to the Public Works Director) from a local source would be planted within the temporary impact zones on any disturbed ground that would not be under hardscape, landscaped, or maintained in order to minimize the potential for the germination of the majority of seeds from non-native, invasive plant species.

MM BIO-10.1: Projects proposing or required to retain trees on-site shall implement precautionary measures during site construction to limit adverse environmental effects on ordinanceprotected trees that are to be retained. A tree protection plan shall be prepared by a qualified arborist that, at a minimum, requires installation of an open material (e.g., chain link) fence six feet in height around the drip line and maintenance of the existing grade level around a tree and out to its drip line.

MM BIO-10.2: Project proponents under the Specific Plan will comply with the City Code and submit permit applications for removal of all trees covered by the City’s tree ordinance. Any street trees or heritage trees to be removed would require replacement on-site or off-site at a minimum 2:1 ratio per General Plan Policy 5.3.1-P10. To the extent feasible, the replacement trees will be planted on-site and the project proponent will comply with all other tree removal requirements imposed by the City.

CULTURAL RESOURCES
MM CUL-1.1: A qualified archaeologist shall monitor the demolition of the building foundations and any other below surface disturbances, such as but not limited to, grading, excavation, roadway improvements, potholing for utilities, utility removal, and addressing storm drain issues. After demolition activities and surface improvements are removed for projects involving excavation, and prior to other construction activities, conduct mechanical presence/absence exploration to a depth ranging from 6.5 to 10 feet below ground surface. Presence/absence efforts shall be conducted by a qualified local archaeologist.

If any cultural resources are identified, all activity in the vicinity of such resources shall stop until a research design and treatment plan shall be prepared to address those types of resources encountered and such plan is approved by the City. Any cultural resources identified shall be evaluated to determine if these resources would qualify for the NRHP or CRHR. If no resources are found during presence/absence testing, the implementation of mitigation measures, MM CUL-1.2 and MM CUL-1.3, would ensure any resources discovered during construction are adequately protected.

MM CUL-1.2: In the event that buried, or previously unrecognized archaeological deposits or materials of any kind are inadvertently exposed during any construction activity, work within 50 feet of the find shall cease until a qualified archaeologist can assess the find and provide recommendations for further treatment, if warranted. Preservation in place is the preferred treatment of an archeological resource. When preservation in place of an archeological resource is not feasible, data recovery, in accord with a data recovery plan prepared and adopted by the City, is the appropriate mitigation. Construction and 5 – Applicable Mitigation Measures
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potential impacts to the area within a radius determined by the archaeologist shall not recommence until the assessment is complete.

MM CUL-1.3: In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50-foot radius of the find shall be stopped. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are of Native American origin or whether an investigation into the cause of death is required. If the remains are determined to be Native American, the Coroner shall notify the Native American Heritage Commission (NAHC) immediately. Once NAHC identifies the most likely descendants, the descendants will make recommendations regarding proper burial, which will be implemented in accordance with Section 15064.5(e) of the CEQA Guidelines.

GEOLOGY AND SOILS
MM CUL-2.1: Projects involving excavations 25 feet or greater below ground surface would require monitoring by a qualified paleontologist. In the event paleontological resources are discovered all work shall be halted within 50 feet of the find and a Paleontological Resource Mitigation Plan shall be prepared by a qualified paleontologist to address assessment and recovery of the resource. A final report documenting any found resources, their recovery, and disposition shall be prepared in consultation with the Community Development Director and filed with the City and local repository.

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

MM HAZ-1.2: At properties where VOCs are identified as contaminants of concern (COC), the potential for vapor intrusion shall be evaluated. A Vapor Intrusion Investigation Work Plan shall be submitted to the overseeing regulatory agency for review and approval. The plan shall include soil vapor sampling for VOCs in areas of concern. The soil vapor sampling shall be conducted in conformance with DTSC’s July 2015 advisory titled Active Soil Gas Investigations. A minimum of two soil vapor sampling events (with soil vapor concentrations less than the most conservative residential or commercial screening levels – as appropriate) is required to document that mitigation measures are not required; additional sampling events may be required by the overseeing regulatory agency.
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MM HAZ-1.3: The need for vapor intrusion mitigation measures will be dependent upon the planned building design and the results of the Vapor Intrusion Investigation. Prior to redevelopment of the site, a report assessing the potential for vapor intrusion shall be submitted to and approved by the overseeing regulatory agency. The assessment shall be conducted in general conformance with DTSC’s Guidance for the Evaluation and Mitigation of Subsurface Vapor Intrusion to Indoor Air (Vapor Intrusion Guidance) dated October 2011.

MM HAZ-1.4: Prior to the start of any construction activity on properties with known contaminants of concern (COC) exceeding the lower of the then-current DTSC, the RWQCB or Environmental Protection Agency (EPA) residential screening levels, the project proponent shall submit the following plans to the overseeing regulatory agency for review and approval:
• Corrective Action Plan. An appropriate corrective action plan (e.g. remedial action plan, removal action workplace, etc.) shall be prepared that reflects the results of the above investigations. Site cleanup levels presented in the plan shall be based on a target cancer risk of 0.00001 or, for non-carcinogens, a target hazard quotient (THQ) of 1.0. The lower of the then-current DTSC, RWQCB, or EPA residential screening levels shall be used to interpret the TR and THQ levels or, alternatively, a site-specific human health risk assessment shall be prepared and approved by the overseeing regulatory agency. Higher cleanup goals may be acceptable, if approved in writing by the oversight agency. The project applicant shall provide an oversight agency’s written approval of the corrective action plan to the City of Santa Clara, prior to issuance of a demolition and/or grading permit. Leaving contaminated soil (above residential screening levels and, for metals, above background concentrations) inplace or re-using contaminated soil shall require the oversight agency’s written approval. At a minimum, if contaminated soil is left in-place, a deed restriction or land use covenant shall detail the location of the soil. This document shall include a surveyed map of the location of the impacted soil and shall restrict future excavation in the impacted area unless approved in writing by an oversight agency. • Air Monitoring Plan. This plan shall assess the potential for exposure of construction workers and neighboring occupants adjoining the property to COCs during construction activities; this plan shall specify measures to be implemented if COC concentrations exceed threshold values.
• Vapor Intrusion Mitigation Plan and Associated Documents. If the Vapor Instruction Investigation identifies the need for mitigation measures, a Vapor Intrusion Mitigation Plan shall be prepared that describes the measures to be a result of vapor intrusion.

The Vapor Intrusion Mitigation Plan will require the project applicant to design the proposed occupied spaces with appropriate structural and engineering features to reduce risk of vapor intrusion into buildings. At a minimum, this design shall include:
1) passive sub-slab ventilation with a spray applied vapor barrier (And with the ability to convert the system from passive to active ventilation), 2) monitoring to ensure the long-term effectiveness of the remedy, and 3) the implementation of institutional controls. Other designs would be acceptable is approved in writing by the overseeing regulatory agency. The Vapor Intrusion Mitigation Plan shall be submitted for agency review and approval. DTSC’s October 2011 Vapor Intrusion Mitigation Advisory provides useful guidance in selecting, designing, and implementing appropriate response actions for sites where a potential vapor intrusion risk has been identified.

A completed report shall be submitted to the overseeing regulatory agency upon completion of construction of the mitigation system. The report shall document 5 – Applicable Mitigation Measures
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installation of the vapor control measures identified in the Vapor Intrusion Mitigation Plan and present final as-built design drawings. A Long-Term Operations, Maintenance, and Monitoring Plan (OMMP) also shall be submitted for agency approval that presents the actions to be taken following construction to maintain and monitor the vapor intrusion mitigation system, and a contingency plan should the vapor mitigation system fail. A financial assurance mechanism shall additionally be established (i.e. proof that adequate funds are available for long-term maintenance and monitoring of the vapor intrusion mitigation system) and described in the OMMP.

MM HAZ-1.5: A Site Management Plan (SMP) and Health and Safety Plan (HSP) shall be developed to establish appropriate management practices for handling and monitoring of impacted soil, soil vapor, and groundwater that potentially may be encountered during construction activities. The SMP shall be prepared by an Environmental Professional and be submitted to the overseeing regulatory agency (e.g. RWQCB, DTSC and/or DEH) for review and approval prior to commencing construction activities. The SMP also shall be provided to the City of Santa Clara. Prior to the start of any construction activity that involves below ground work (i.e. mass grading, foundation construction, excavating or utility trenching), information regarding site risk management procedures, including copies of the HSP and SMP, shall be provided to the contractors for their review, and each contractor shall provide such information to its subcontractors. The SMP and HSP measures shall be incorporated into the project design documents:
• Site control procedures to control the flow of personnel, vehicles and materials in and out of the site;
• Measures to minimize dust generation, stormwater runoff and tracking of soil off-site; • Protocols for conducting earthwork activities in areas where impacted soil, soil vapor and/or groundwater are present or suspected. Worker training requirements, health and safety measures and material handling procedures shall be described; • Perimeter air monitoring for dust during any activity that significantly disturbs impacted site soil (i.e. mass grading, foundation construction, excavating or utility trenching) to document the effectiveness of dust control measures; • Protocols to be implemented if buried structures, wells, debris, or unidentified areas of impacted soil are encountered during site development activities; • Protocols to characterize/profile soil suspected of being contaminated so appropriate mitigation, disposal or reuse alternatives, if necessary, can be implemented. Soil in contact with impacted groundwater shall be assumed contaminated. All soil excavated and transported from this site shall be appropriately disposed of at a permitted facility;
• Stockpiling protocols for “clean” and “impacted” soil; • Decontamination procedures to reduce the potential for construction equipment and vehicles to release contaminated soil onto public roadways or other off-site transfer; • Procedures to evaluate and document the quality of any soil imported to the site. Soil containing chemicals exceeding residential (unrestricted use) screening levels or typical background concentrations of metals shall not be accepted. The DTSC’s Clean Fill Advisory (October 2001 or latest version) provides useful guidance on evaluating imported fill;
• Methods to monitor excavations and trenches for the potential presence of VOC impacted vapors. Mitigation protocols shall be developed and implemented in the event elevated VOC vapors are released during excavation activities that may pose 5 – Applicable Mitigation Measures
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a risk to construction worker health and/or risk to the health of occupants of neighboring properties;
• Protocols to evaluate if the residual contaminants will adversely impact the integrity of below ground utility lines and/or structures (i.e. the potential for corrosion due to subsurface contamination)
• Measures to reduce soil vapor and groundwater migration through trench backfill and utility conduits. Such measures shall include placement of low-permeability backfill “plugs” at specified intervals on-site and at all locations where the utility trenches (within impacted soil or groundwater) extend off-site. In addition, utility conduits that are placed below groundwater shall be installed with water-tight fittings to reduce the potential for groundwater to migrate into the conduits. • Measures to help reduce the potential for the downward migration of contaminated groundwater if deep foundation systems are proposed. These measures shall be identified in the geotechnical investigation report and implemented as part of the development plans.

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

HYDROLOGY AND WATER QUALITY
MM HYD-1.1: A catch basin shall be installed on Lafayette Street or at a suitable location approved by the City Engineer that connects to the existing storm drain system on Calle Del Mundo.

This new catch basin would provide an alternate path for flow that would otherwise have entered the development area prior to placement of project fill. The design of the new catch basin and new storm drain shall be subject to approval of the City. The new catch basin and new storm drain shall be complete and connected to the existing storm drain system on Calle Del Mundo must be made concurrent with redevelopment of the site in the northwest corner of the Plan Area.

NOISE
MM NV-1.1: Comply with construction hours ordinance to limit hours of exposure. The City Code limits construction activities within 300 feet of residentially zoned property to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays. No construction is permitted on Sundays or holidays.

MM NV-1.2: Minimize or avoid using vibratory rollers and tampers near sensitive areas, such as shared property lines with residential land uses. Whenever possible, use cast-in-drilledholes piles for projects requiring deep foundations to reduce construction vibration.

MM NV-1.3: When vibration-sensitive structures are within 18 feet of a project development site or within 86 feet of a project proposing pile-driving, survey condition of existing structures and, when necessary due to the structure type and resulting vibration due to the construction activities proposed, perform site-specific vibration studies to direct construction activities. Contractors shall continue to monitor effects of construction activities on surveyed sensitive structures, notify the Community Development Director 5 – Applicable Mitigation Measures
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of any damage caused by vibration, and offer to repair or compensate for any such damage caused by vibration within a time period established by the Community Development Director upon receiving notice pursuant to this measure. The results of the vibration monitoring shall be summarized and submitted in a report to the Community Development Director prior to issuance of an occupancy permit.

MM NV-1.4: Construction management plans for construction projects that have the potential to exceed the 0.3 in/sec. PPV threshold, particularly those involving pile driving, shall include predefined vibration reduction measures, notification requirements for properties within 200 feet of scheduled construction activities, and contact information for on-site coordination and complaints. The construction management plan shall be submitted to the City for approval prior to issuance of a demolition or grading permit.

MM NV-1.5: Include a disclosure in the lease of future tenants within the Tasman East Specific Plan properties that provides information regarding the on-going construction activities within the area.

MM NV-2.1: Develop and adhere to a construction noise control plan to be submitted to the City for review and approval prior to issuance of a demolition and/or grading permit, including, but not limited to, the following available controls:
• Ensure that construction activities (including the loading and unloading of materials and truck movements) within 300 feet of residentially zoned property are limited to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays. No construction is permitted on Sundays or holidays. • Ensure that excavating, grading and filling activities (including warming of equipment motors) within 300 feet of residentially zoned property are limited to the hours of 7:00 a.m. to 6:00 p.m. on weekdays and between the hours of 9:00 a.m. and 6:00 p.m. on Saturdays. No construction is permitted on Sundays or holidays. • Contractors equip all internal combustion engine-driven equipment with mufflers, which are in good condition and appropriate for the equipment. • Contractors utilize “quiet” models of air compressors and other stationary noise sources where technology exists.
• Locate loading, staging areas, stationary noise-generating equipment, etc. as far as feasible from sensitive receptors when sensitive receptors adjoin or are near a construction project area. Construct temporary noise barriers to screen stationary noise-generating equipment when located near adjoining sensitive land uses.

Temporary noise barriers can reduce construction noise levels by five dBA. • Control noise from construction workers’ radios to a point where they are not audible at existing residences bordering the project area.
• Comply with Air Resource Board idling prohibitions of uneasy idling of internal combustion engines.
• Construct solid plywood fences around construction sites adjacent to operational business, residences or noise-sensitive land uses.
• A temporary noise control blanket barrier could be erected, if necessary, along building facades facing construction sites. This mitigation would only be necessary if conflicts occurred which were unresolvable by proper scheduling. • Route construction-related traffic along major roadways and as far as feasible from sensitive receptors.
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• Businesses, residences or noise-sensitive land uses adjacent to construction sites should be notified of the construction schedule in writing. Designate a “construction liaison” that would be responsible for responding to any local complaints about construction noise. The liaison would determine the cause of the noise complaints (e.g., starting too early, bad muffler, etc.) and institute reasonable measures to correct the problem. Conspicuously post a telephone number for the liaison at the construction site.
• Include a disclosure in the lease of future tenants within the Tasman East Specific Plan properties that provides information regarding the on-going construction activities within the area.

MM NV-2.2: If pile driving occurs, the following best management practices shall be included in the construction noise control plan:
• Schedule pile driving during a period when school is not in session. • During pile driving, pre-drill foundation pile holes to minimize the number of impacts required to seat the pile.
• During pile driving activities, install “acoustical blankets” to provide shielding for receptors located within 100 feet of the site, or use a noise attenuating shroud on the pile driving hammer.

TRANSPORTATION
MM TRANS-1.1(9): Tasman Drive and Centennial Drive (City of Santa Clara) – Add a third eastbound through lane.

MM TRANS-1.2(10): Lafayette Street and Great America Way (City of Santa Clara) – Signalize this intersection prior to occupancy of planned development comprising 30 percent of the project trip generation.

MM TRANS-1.3(11): Lafayette Street and Calle Del Mundo (City of Santa Clara) – Signalize this intersection prior to occupancy of planned development comprising 70 percent of the project trip generation.

MM TRANS-1.4(37): Montague Expressway and Mission College Boulevard (County of Santa Clara) – This intersection is located in the City of Santa Clara and under the jurisdiction of Santa Clara County. The VTP 2040 project would add a third southbound leftturn lane to the intersection. The project shall make a fair-share contribution towards the additional turn lane.

MM TRANS-3.1(1): Great America Parkway and Westbound 237 Ramps (City of San José/CMP) – Restripe he southbound approach to one through/right-lane and one right-lane, which would not require right-of-way and/or narrowing of the median and would improve intersection operations to an acceptable LOS.

MM TRANS-3.2(9): Tasman Drive and Centennial Drive (City of Santa Clara) – Add a third eastbound and a third westbound through lane.
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MM TRANS-3.3(10): Lafayette Street/ Great America Parkway and 11. Lafayette Street/Calle Del Mundo – Signalize intersections prior to occupancy of development comprising 30 percent and 70 percent, respectively, of the project trip generation.

MM TRANS-3.4(37): Montague Expressway and Mission College Boulevard (County of Santa Clara) – The VTP 2040 project would add a third southbound left-turn lane to the intersection. The project shall make a fair-share contribution towards the additional turn lane. In order to fully mitigate the project’s impact, a second northbound left turn lane would be needed but right-of-way constraints make this mitigation infeasible. Additionally, an interchange is identified at this intersection as a Tier 2 priority per the Comprehensive County Expressway Planning Study.

MM TRANS-4.1: Sidewalk improvements to Tasman Drive between Calle Del Sol and the Lafayette Street overcrossing would reduce the safety hazard impacts to pedestrians to a less than significant level. Construction of a sidewalk on this segment of Tasman Drive is a required mitigation for Phase 1 of the City Place project. In the event the new residential buildings within the Plan Area fronting Tasman Drive are constructed prior to City Place Phase 1, such development shall construct the necessary improvements prior to occupancy of the building and would be reimbursed by City Place. Sidewalk improvements to Tasman Drive between Calle Del Sol and the Lafayette Street overcrossing, as needed to address pedestrian safety hazards, shall be in place prior to occupancy of any new residential buildings within the Plan Area fronting Tasman Drive.

MM C-TRANS-3.1(12): Lafayette Street and Calle De Luna – Reconfiguring the westbound approach to one left-turn lane and one right-turn lane would fully mitigate the impact to an acceptable LOS D and would not require additional right-of-way.

MM C-TRANS-3.2(13): Lafayette Street and Calle De Primavera - Reconfigure the westbound approach to two left-turn lanes and one right-turn lane.

MM C-TRANS-3.3(21): Tasman Drive and Calle Del Sol - Reconfigure the southbound approach to two left-turn lanes and one right-turn lane would fully mitigate the impact.

The following subsequent Patrick Henry Drive Specific Plan EIR mitigation measures are incorporated by reference and are applicable to the proposed project:

AIR QUALITY
MM 5-2A: Implement BAAQMD Basic Construction Mitigation Measures. The City shall require new development projects occurring under implementation of the Patrick Henry Drive Specific Plan to implement the BAAQMD’s Basic Control Mitigation Measures to address fugitive dust emissions that would occur during earthmoving activities associated with project construction. These measures include:

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

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

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
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4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points.

7. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

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

MM 5-2B: Require a Project-level Construction Assessment for New Development Proposed Under Implementation of the Patrick Henry Drive Specific Plan. The City shall require applicants to submit a quantitative project-level construction criteria air pollutant and toxic air contaminant emissions analysis for future development proposed under implementation of the Patrick Henry Drive Specific Plan. The estimated construction criteria air pollutant and toxic air contaminant emissions shall be compared against the thresholds of significance maintained by the Bay Area Air Quality Management District (BAAQMD) and, if emissions are shown to be above BAAQMD thresholds, the City shall require the implementation of mitigation to reduce emissions below BAAQMD thresholds or to the maximum extent feasible. Mitigation measures to reduce emissions could include, but are not limited to:
• Selection of specific construction equipment (e.g., specialized pieces of equipment with smaller engines or equipment that will be more efficient and reduce engine runtime);
• Requiring equipment to use alternative fuel sources (e.g., electric-powered and liquefied or compressed natural gas), meet cleaner emission standards (e.g., U.S.

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

MM 5-2C: Use Low- and Super Compliant VOC Architectural Coatings. The City shall require the use of Low- and Super-Compliant VOC Architectural Coatings in maintaining buildings in the Patrick Henry Drive Specific Plan Area through Covenants Conditions and Restrictions (CC&Rs) and Ground Lease. Developed parcels shall require within their CC&Rs and/or ground leases requirements for all future interior spaces to be repainted with architectural coatings that meet the “Low-VOC” or “Super-Compliant” requirements. “Low-VOC” refers to paints that meet the more stringent regulatory limits 5 – Applicable Mitigation Measures
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of South Coast Air Quality Management District AQMD Rule 1113. “Super-Compliant” refers to paints that have been reformulated to levels well below the “Low-VOC” limits.

MM 5-2D: Implement TDM Program. Proposed residential, retail, commercial, and office land uses within the Patrick Henry Drive Specific Plan Area shall prepare and implement Transportation Demand Management (TDM) programs consistent with the requirements outlined Section 7.3 of the Patrick Henry Drive Specific Plan. Projects shall achieve a minimum reduction in vehicle miles traveled (VMT) of 20 percent compared to baseline conditions (i.e., without internal or external reductions accounted for, such as geographic location, land use interconnectivity, etc.), with at least 10 percent of the reduction coming through project-specific TDM measures (e.g., transit subsidies, telecommuting options, etc.).

MM 5-3A: Implement Mitigation Measure 5-2B.

BIOLOGICAL RESOURCES
MM 6-2: In order to keep current the biological resource evaluation prepared for the Patrick Henry Drive Specific Plan EIR, upon receiving applications for site-specific projects within the Specific Plan Area, the City shall evaluate the need for a specific biological resource survey of the project site and adjacent area that may be indirectly impacted by project work. If no biological resources are determined to be at risk as determined by a qualified biologist, no further survey shall be required. However, if the City determines that biological resources within the project area require further analysis, the project proponent shall be required to conduct a biological resource survey of the habitat and special-status species that may be impacted by project activities, either directly or indirectly. A report shall be provided to the City detailing survey methods, results, and avoidance and minimization measures required to protect any special-status species with potential to be impacted, in accordance with the regulatory protocols of the responsible jurisdictional agencies for the resource in question, including, but not limited to: USFWS, CDFW, and USACE. If no further surveys/investigation is requested by a permitting or other regulatory agency upon receipt of biological survey report, work may proceed as planned.

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

If rare plants are found during the survey, the number of individuals present shall be documented and the limits of population shall be marked with flagging. The flagged border of the population shall be avoided by construction personnel for the duration of the project. If the species cannot be avoided or may be indirectly impacted, the applicant shall notify CDFW to discuss avoidance, minimization, and mitigation measures as 5 – Applicable Mitigation Measures
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appropriate for each species population, including measures to be taken and protocols to be followed if special-status plants are inadvertently disturbed during construction activities.

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

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

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

If an active nest is discovered in the areas to be directly physically disturbed, or in other habitats within the vicinity of construction boundaries and may be disturbed by construction activities (as determined by the qualified biologist), clearing and construction shall be postponed until the qualified biologist has determined that the young have fledged (left the nest), the nest fails, or the nest is otherwise determined to be inactive by the biologist (i.e. predation).

To avoid impacts to roosting bats that may rarely utilize the Specific Plan Area vegetation and/or vacant buildings for day roosting, the project applicant shall retain a qualified wildlife biologist to conduct a survey for roosting bats at most 14 days prior to the start of demolition of any vacant buildings left with entry and egress points accessible to bats or removal of suitable bat roosting vegetation. If roosting bats are detected, the biologist shall enact a minimum of a 150-foot no-work buffer and confer with CDFW to determine potential roost protection or roost eviction practices. After conferring with CDFW, the protective buffer may be adjusted based on specific roost needs. Once bats have been suitably protected by a buffer and/or safely evicted from roosting sites (as approved by CDFW), construction may resume outside the buffered area.

A nesting bird and roosting bat survey report prepared with the methods and results of the pre-project survey will be submitted to the City for review and approval prior to commencement of construction activities. Any additional construction monitoring, as determined through any necessary coordination/discretionary approvals with the resource agencies, will be documented per requirements set forth in an approved mitigation monitoring and reporting program.
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CULTURAL RESOURCES
MM 7-1: For any individual project within the Patrick Henry Drive Specific Plan Area that the City determines may involve a property that contains a potentially significant historic resource, the resource shall be assessed by a professional who meets the Secretary of the Interior's Professional Qualifications Standards to determine whether the property is a significant historic resource and whether or not the project may have a potentially significant adverse effect on the historic resource. If, based on the recommendation of the qualified professional, the City determines that the project may have a potentially significant effect, the City shall require the applicant to implement the following mitigation measures:
(a) Adhere to at least one of the following Secretary of the Interior’s Standards:
• Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings; or
• Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

If neither measure (a) nor measure (b) is feasible, then the City shall, as applicable and to the extent feasible, implement the following measures in the following order:
(c) Document the historic resource before any changes that would cause a loss of integrity and loss of continued eligibility. The documentation shall adhere to the Secretary of the Interior's Standards for Architectural and Engineering Documentation.

The level of documentation shall be proportionate with the level of significance of the resource. The documentation shall be made available for inclusion in the Historic American Building Survey (HABS) or the Historic American Engineering Record (HAER) Collections in the Library of Congress, the California Historical Resources Information System (CHRIS), and the Bancroft Library, as well as local libraries and historical societies.
(d) Retain and reuse the historic resource to the maximum feasible extent and continue to apply the Secretary of the Interior’s Standards to the maximum feasible extent in all alterations, additions, and new construction.
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(e) Through careful methods of planned deconstruction to avoid damage and loss, salvage character-defining features and materials for educational and interpretive use on-site, or for reuse in new construction on the site in a way that commemorates their original use and significance.
(f) Interpret the historical significance of the resource through a permanent exhibit or program in a publicly accessible location on the site or elsewhere within the Specific Plan Area.

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

Following field inspection and completion of all necessary phases of study as determined by the archaeologist and the City, damage to any identified archaeological resources shall be avoided or mitigated to the maximum extent possible. Preservation in place to maintain the relationship between the artifact(s) and the archaeological context is the preferred manner Preservation may be accomplished by:
• Planning construction to avoid the archaeological or tribal cultural site; • Incorporating the site within a park, green space, or other open space element; • Covering the site with a layer of chemically stable soil; or • Deeding the site into a permanent conservation easement. 5 – Applicable Mitigation Measures
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When in-place mitigation is determined by the City to be infeasible, a data recovery plan, which makes provisions for adequate recovery of culturally or historically consequential information about the site (including artifacts discovered on the site), subject to review and approval by the City, shall be prepared and adopted prior to any excavation being undertaken. Such studies shall be submitted to the CHRIS Northwest Information Center. If Native American artifacts are indicated, the studies shall also be submitted to the Native American Heritage Commission (NAHC). CHRIS and NAHC are recognized as experts in their respective disciplines.

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

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

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

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

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

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

MM 8-4: For all public improvement and private development projects in the Patrick Henry Drive Specific Plan Area, the following measures shall be implemented:
(1) Education Program. Project applicants shall implement a program that includes the following elements:
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• Resource identification training procedures for construction personnel, conducted by a paleontologist who meets the Secretary of the Interior’s Professional Qualifications Standards;
• Spot-checks and monitoring by a qualified paleontologist of all excavations deeper than seven feet below ground surface; and
• Procedures for reporting discoveries and their geologic context. (2) Procedures for Resources Encountered. If subsurface paleontological resources are encountered, excavation shall halt within a buffer area of at least 50 feet around the find, where construction activities will not be allowed to continue until the project paleontologist evaluates the resource and its stratigraphic context. Work shall be allowed to continue outside the buffer area; however, the paleontologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. During monitoring, if potentially significant paleontological resources are found, “standard” samples shall be collected and processed by a qualified paleontologist to recover micro vertebrate fossils. If significant fossils are found and collected, they shall be prepared to a reasonable point of identification. Excess sediment or matrix shall be removed from the specimens to reduce the bulk and cost of storage.

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

NOISE
MM 13-1: Reduce Construction Noise Levels. To reduce potential noise levels from Specific Plan related construction activities, the City shall ensure future development projects within the Plan Area:
1) Notify Residential and Commercial Land Uses of Planned Construction Activities. This notice shall be provided at least one week prior to the start of any construction activities, describe the noise control measures to be implemented by the Project, and include the name and phone number of the designated contact for the Applicant/project representative and the City of Santa Clara responsible for handling construction-related noise complaints (per Section 8). This notice shall be provided to: A) The owner/occupants of residential dwelling units within 500 feet of construction work areas; B) The owner/occupants of commercial buildings (including Mission College) within 200 feet of construction work areas or within 400 feet of construction work areas if pile driving equipment will be used; and C) Mission College when construction work areas are within 500 feet of College athletic fields.
2) Notify Calaveras Creek Trail Users of Construction Activities. Prior to the start of construction activities within 500 feet of Calaveras Creek Trail, signs shall be posted along the trail warning of potential temporary elevated noise levels during construction.

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substantial noise generating construction activities (typically demolition, grading, and initial foundation installation activities).
3) Restrict Work Hours. All construction-related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 9.10.230.

Construction activities, including deliveries, shall occur only during the hours of 7:00 AM to 6:00 PM, Monday through Friday, and 9 AM to 6 PM on Saturday, unless otherwise authorized by City permit. The applicant/project representative and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, construction workers, etc. of this requirement.
4) Control Construction Traffic and Site Access. Construction traffic, including soil and debris hauling, shall follow City-designated truck routes and shall avoid routes (including local roads in the Plan Area) that contain residential dwelling units to the maximum extent feasible given specific project location and access needs. 5) Construction Equipment Selection, Use, and Noise Control Measures. The following measures shall apply to construction equipment used in the Plan Area: A) To the extent feasible, contractors shall use the smallest size equipment capable of safely completing work activities; B) Construction staging shall occur as far away from residential and commercial land uses as possible; C) All stationary noise-generating equipment such as pumps, compressors, and welding machines shall be shielded and located as far from sensitive receptor locations as practical. Shielding may consist of existing vacant structures or a three- or four-sided enclosure provide the structure/barrier breaks the line of sight between the equipment and the receptor and provides for proper ventilation and equipment operations; D) Heavy equipment engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, mounts, etc. These devices shall be maintained in accordance with manufacturer’s recommendations during active construction activities; E) Pneumatic tools shall include a noise suppression device on the compressed air exhaust; F) The applicant/project representative and/or their contractor shall connect to existing electrical service at the site to avoid the use of stationary power generators; G) No radios or other amplified sound devices shall be audible beyond the property line of the construction site.
6) Implement Construction Activity Noise Control Measures: The following measures shall apply to construction activities in the Plan Area: A) Demolition: Activities shall be sequenced to take advantage of existing shielding/noise reduction provided by existing buildings or parts of buildings and methods that minimize noise and vibration, such as sawing concrete blocks, prohibiting on-site hydraulic breakers, crushing, or other pulverization activities, shall be employed to the maximum extent feasible; B) Demolition Site Preparation, Grading, and Foundation Work: During all demolition, site preparation, grading, and structure foundation work activities within 500 feet of a residential dwelling unit or 250 feet of a commercial building (including Mission College), a physical noise barrier capable of achieving a minimum 10 dB reduction in construction noise levels shall be installed and maintained around the site perimeter to the maximum extent feasible given site constraints and access requirements. Potential barrier options capable of achieving a 10 dB reduction in construction noise levels could include, but are not limited to: i) A six-foot-high concrete, wood, or other barrier installed at-grade (or mounted to structures located at-grade, such as a K-Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) that has a minimum rated transmission 5 – Applicable Mitigation Measures
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loss value of 20 dB; ii) Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB; iii) any combination of noise barriers and commercial products capable of achieving a 10 dBA reduction in construction noise levels during demolition, site preparation, grading, and structure foundation work activities; iv) The noise barrier may be removed following the completion of building foundation work (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site); and C) Pile Driving: If pile driving activities are required within 500 feet of a residential dwelling unit or 400 feet of a commercial building (including Mission College), the piles shall be pre-drilled with an auger to minimize pile driving equipment run times.
7) Prepare Project-Specific Construction Noise Evaluation. Prior to the start of any specific construction project lasting 12 months or more, the City shall review and approve a project-specific construction noise evaluation prepared by a qualified acoustical consultant that: A) Identifies the planned project construction sequence and equipment usage; B) Identifies typical hourly average construction noise levels for project construction equipment; C) Compares hourly average construction noise levels to ambient noise levels at residential and commercial land uses near work areas (ambient noise levels may be newly measured or presumed to be consistent with those levels shown in Table 13-2 and 13-3 of the Patrick Henry Drive Specific Plan Draft Environmental Impact Report (EIR); and D) Identifies construction noise control measures incorporated into the project that ensure: i) activities do not generate noise levels that are above 60 dBA Leq at a residential dwelling unit and exceed the ambient noise environment by at least 5 dBA Leq for more than one year; and ii) activities do not generate noise levels that are above 70 dBA Leq at a commercial building (including Mission College) and exceed the ambient noise environment by at least 5 dBA Leq for more than one year. Such measures may include, but are limited to: a) The requirements of Sections 4, 5, 6, and 8; B) Additional project and/or equipment-specific enclosures, barriers, shrouds, or other noise suppression methods. The use of noise control blankets on building facades shall be considered only if noise complaints are not resolvable with other means or methods.
8) Prepare a Construction Noise Complaint Plan. The Construction Noise Complaint Plan shall: A) Identify the name and/or title and contact information (including phone number and email) for a designated project and City representative responsible for addressing construction-related noise issues; B) Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints; C) At a minimum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint; D) The elements of the Construction Noise Complaint Plan may be included in the project-specific noise evaluation prepared to satisfy Section 7 or as a separate document.
9) Owner/Occupant Disclosure: The City shall require future occupants/tenants in the Plan Area receive disclosure that properties in the Plan Area may be subject to elevated construction noise levels from development in the Plan Area. This disclosure shall be provided as part of the mortgage, lease, sublease, and/or other contractual real-estate transaction associated with the subject property.
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MM 13-2: Reduce Construction Vibration Levels. To reduce potential vibration-related structural damage and other excessive vibration levels from Specific Plan related construction activities, the City shall ensure future development projects within the Plan Area:
1) Notify Residential and Commercial Land Uses of Planned Construction Activities. See Patrick Henry Drive Specific Plan Draft Environmental Impact Report (EIR) Mitigation Measure 13-1, Section 1.
2) Restrict Work Hours. See Patrick Henry Drive Specific Plan Draft EIR Mitigation Measure 13-1, Section 2.
3) Prohibit Vibratory Equipment if Feasible. The use of large vibratory rollers, vibratory/ impact hammers, and other potential large vibration-generating equipment (e.g., hydraulic breakers/hoe rams) shall be prohibited within 100 feet of any residential building façade and 50 feet of any commercial building façade during construction activities. Plate compactors and compactor rollers are acceptable, and deep foundation piers or caissons shall be auger drilled.
4) Prepare Project-Specific Construction Vibration Evaluation Plan. If it is not feasible to prohibit vibratory equipment per Section 3) due to site- or project-specific conditions or design considerations, the City shall review and approve a project-specific construction vibration evaluation that: A) Identifies the project’s planned vibration-generating construction activities (e.g., demolition, pile driving, vibratory compaction); B) the potential project-specific vibration levels (given project-specific equipment and soil conditions, if known) at specific building locations that may be impacted by the vibrationgenerating work activities (generally buildings within 50 feet of the work area); C) Identifies the vibration control measures incorporated into the project that ensure equipment and work activities would not damage buildings or result in vibrations that exceed Caltrans’ strongly perceptible vibration detection threshold for peak particle velocity (PPV) of 0.1 inches/ second (in/sec). Such measures may include, but are not limited to: i) the requirements of Sections 1, 2, and 3; ii) the use of vibration monitoring to measure actual vibration levels; iii) the use of photo monitoring or other records to document building conditions prior to, during, and after construction activities; and iv) the use of other measures such as trenches or wave barriers; D) Identifies the name (or title) and contact information (including phone number and email) of the Contractor and City representatives responsible for addressing construction vibration-related issues; and E) Includes procedures describing how the construction contractor will receive, respond, and resolve to construction vibration complaints. At a minimum, upon receipt of a vibration complaint, the Contractor and/or City representative described in the first subbullet above shall identify the vibration source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint by reducing groundborne vibration levels to peak particle velocity levels that do not exceed accepted guidance or thresholds for structural damage that are best applicable to potentially impacted buildings (e.g., see Patrick Henry Drive Specific Plan Draft EIR Table 13-6) and Caltrans’ strongly perceptible vibration detection threshold (PPV of 0.1 in/sec, see Patrick Henry Drive Specific Plan Draft EIR Table 13-7).

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shall submit a project-specific operational noise analysis to the City for review and approval prior to the issuance of the first building permit for the project, or as otherwise determined by the City. The noise analysis shall be prepared by a qualified acoustical consultant and shall identify all major fixed machinery and equipment, non-residential truck docks/dedicated loading zones, waste collection areas, and above ground parking garages included in the final project design/site plan. The noise analysis shall also document how project noise sources and activities will comply with the exterior sound limits established in Municipal Code Section 9.10.040, Schedule A and the noise compatibility guidelines in General Plan Table 8.14-1. Fixed machinery and equipment may include, but is not limited to, pumps, fans (including air intake or exhaust fans in parking garages), compressors, air conditioners, generators, and refrigeration equipment. The control of noise from such equipment may be accomplished by selecting quiet equipment types, siting machinery and equipment inside buildings, within an enclosure (e.g., equipment cabinet or mechanical closets, or behind a parapet wall or other barrier/shielding. Truck docks/dedicated loading zones consist of a loading dock or other dedicated area for the regular loading and unloading of retail, commercial, or other non-residential goods from delivery trucks. The control of noise from such truck docks/loading areas, waste collection areas, and parking garages may be accomplished by placing such areas away from sensitive land uses, restricting activities or operating hours for certain areas, or other design means.

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

In addition, the City shall continue to notify the Native American tribes traditionally and culturally affiliated with the Specific Plan Area of the discretionary, public improvement and private development projects if those proposed improvements or projects are subject to a CEQA Negative Declaration (including Mitigated Negative Declaration) or Environmental Impact Report (EIR), in accordance with California Assembly Bill 52, and if a Native American tribe requests consultation, conduct a good faith consultation. 5 – Applicable Mitigation Measures
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Following field inspection and completion of all necessary phases of study as determined by the archaeologist and the City, damage to any identified archaeological resources shall be avoided or mitigated to the maximum extent possible. Preservation in place to maintain the relationship between the artifact(s) and the archaeological context is the preferred manner Preservation may be accomplished by:
• Planning construction to avoid the archaeological or tribal cultural site; • Incorporating the site within a park, green space, or other open space element; • Covering the site with a layer of chemically stable soil; or • Deeding the site into a permanent conservation easement.

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

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

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

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

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

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

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

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
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3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

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

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

MM 5-3B: Require a Project-level Construction Assessment for New Development Proposed Under Implementation of the Freedom Circle Focus Area Plan. The City shall require applicants to submit a quantitative project-level construction criteria air pollutant and toxic air contaminant emissions analysis for future development proposed under implementation of the Freedom Circle Focus Area Plan. The estimated construction criteria air pollutant and toxic air contaminant emissions shall be compared against the thresholds of significance maintained by the Bay Area Air Quality Management District (BAAQMD) and, if emissions are shown to be above BAAQMD thresholds, the City shall require the implementation of mitigation to reduce emissions below BAAQMD thresholds or to the maximum extent feasible. Mitigation measures to reduce emissions could include, but are not limited to:
• Selection of specific construction equipment (e.g., specialized pieces of equipment with smaller engines or equipment that will be more efficient and reduce engine runtime);
• Requiring equipment to use alternative fuel sources (e.g., electric-powered and liquefied or compressed natural gas), meet cleaner emission standards (e.g., U.S.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CULTURAL RESOURCES
MM 7-1: For any individual discretionary project under the subsequent comprehensive planning study (such as a specific plan) adopted by the City to guide Plan Area development that the City determines may involve a property that contains a potentially significant historic resource, the resource shall be assessed by a professional who meets the Secretary of the Interior's Professional Qualifications Standards to determine whether the property is a significant historic resource and whether or not the project may have a potentially significant adverse effect on the historic resource. If, based on the recommendation of the qualified professional, the City determines that the project may have a potentially significant effect, the City shall require the applicant to implement the following mitigation measures:
(a) Adhere to at least one of the following Secretary of the Interior’s Standards:
• Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings; or
• Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

The qualified professional shall make a recommendation to the City as to whether the project fully adheres to the Secretary of the Interior’s Standards, and any specific modifications necessary to do so. The final determination as to a project's adherence to the Standards shall be made by the City body with final decision-making authority over the project. Such a determination of individual project adherence to the Secretary of the Interior’s Standards will constitute mitigation of the project historic resource impacts to a less-than-significant level (CEQA Guidelines section 15064.5). (b) If the City determines that measure (a) is not feasible, the historic resource shall be moved to a new location compatible with the original character and use of the historic resource, and its historic features and compatibility in orientation, setting, and general environment shall be retained, such that a substantial adverse change in the significance of the historic resource is avoided.
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If the City determines that neither measure (a) nor measure (b) is feasible, to the extent required by CEQA, additional analysis shall be conducted in accordance with CEQA Guidelines Section 15064.5 and 15162, particularly in order for specific project alternatives to be designed and evaluated. If the City determines that neither measure (a) nor (b) is found to be feasible, then the City shall, as applicable and to the extent feasible, implement the following measures in the following order:
(c) Document the historic resource before any changes that would cause a loss of integrity and loss of continued eligibility. The documentation shall adhere to the Secretary of the Interior's Standards for Architectural and Engineering Documentation.

The level of documentation shall be proportionate with the level of significance of the resource. The documentation shall be made available for inclusion in the Historic American Building Survey (HABS) or the Historic American Engineering Record (HAER) Collections in the Library of Congress, the California Historical Resources Information System (CHRIS), and the Bancroft Library, as well as local libraries and historical societies.
(d) Retain and reuse the historic resource to the maximum feasible extent and continue to apply the Secretary of the Interior’s Standards to the maximum feasible extent in all alterations, additions, and new construction.
(e) Through careful methods of planned deconstruction to avoid damage and loss, salvage character-defining features and materials for educational and interpretive use onsite, or for reuse in new construction on the site in a way that commemorates their original use and significance.
(f) Interpret the historical significance of the resource through a permanent exhibit or program in a publicly accessible location on the site or elsewhere within the Plan Area.

MM 7-3: During the City’s standard project-specific review process for all future, discretionary, public improvement and private development projects under the subsequent comprehensive planning study (such as a specific plan) adopted by the City to guide development in the Plan Area, the City shall determine the possible presence of, and the potential for new or substantially more severe impacts of the action on, archaeological resources and tribal cultural resources. The City shall require individual project applicants or environmental consultants to contact the California Historical Resources Information System (CHRIS) to determine whether the particular project is located in a sensitive area. Future discretionary development projects that CHRIS determines may be located in a sensitive area – i.e., on or adjoining an identified archaeological site – shall proceed only after the project applicant contracts with an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards, to conduct a determination in regard to cultural values remaining on the site and warranted mitigation measures, as described directly below.

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

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

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

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

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

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

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

All cultural/archaeological resources unearthed by project construction activities shall be evaluated by the qualified professional archaeologist. Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes and/or Individuals shall be contacted and consulted, and Native American construction monitoring shall be initiated if requested by the Tribes and/or Individuals. The City shall coordinate with the archaeologist to develop an appropriate treatment plan that avoids or mitigates, to the maximum extent possible, damage to any identified resources. Preservation in place to maintain the relationship between the artifact(s) and the archaeological context is the preferred manner of mitigating impacts on an archaeological site. Preservation may be accomplished by:
• Planning construction to avoid the archaeological or tribal cultural site; • Incorporating the site within a park, green space, or other open space element; • Covering the site with a layer of chemically stable soil; or • Deeding the site into a permanent conservation easement.

If in-place mitigation is determined by the City to be infeasible, a data recovery plan, which makes provisions for adequate recovery of culturally or historically consequential information about the site (including artifacts discovered on the site), subject to review and approval by the City, shall be prepared and adopted prior to any excavation being undertaken. The study shall be submitted to the CHRIS Northwest Information Center, and if Native American artifacts are indicated, the study shall also be submitted to the Native American Heritage Commission (NAHC). CHRIS and NAHC are recognized as experts in their respective disciplines.
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Identified cultural resources shall be recorded on form DPR 422 (archaeological sites).

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

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

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

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

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

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

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

MM 8-7: For all public improvement and private development projects in the Freedom Circle Focus Area Plan Area, the following measures shall be implemented:
(1) Education Program. Project applicants shall implement a program that includes the following elements:
• Resource identification training procedures for construction personnel, conducted by a paleontologist who meets the Secretary of the Interior’s Professional Qualifications Standards;
• Spot-checks and monitoring by a qualified paleontologist of all excavations deeper than seven feet below ground surface; and
• Procedures for reporting discoveries and their geologic context. (2) Procedures for Resources Encountered. If subsurface paleontological resources are encountered, excavation shall halt within a buffer area of at least 50 feet around the find, where construction activities will not be allowed to continue until the project paleontologist evaluates the resource and its stratigraphic context. Work shall be allowed to continue outside the buffer area; however, the paleontologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. During monitoring, if potentially significant paleontological resources are found, “standard” samples shall be collected and processed by a qualified paleontologist to recover micro vertebrate fossils. If significant fossils are found and collected, they shall be prepared to a reasonable point of identification. Excess sediment or matrix shall be removed from the specimens to reduce the bulk and cost of storage.

MM 8-8: The Greystar project shall be required, as a condition of project approval, to implement the following measures:
(1) Education Program. The project applicant shall implement a program that includes the following elements:
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• Resource identification training procedures for construction personnel, conducted by a paleontologist who meets the Secretary of the Interior’s Professional Qualifications Standards;
• Spot-checks and monitoring by a qualified paleontologist of all excavations deeper than seven feet below ground surface; and
• Procedures for reporting discoveries and their geologic context. (2) Procedures for Resources Encountered. If subsurface paleontological resources are encountered, excavation shall halt within a buffer area of at least 50 feet around the find, where construction activities will not be allowed to continue until the project paleontologist evaluates the resource and its stratigraphic context. Work shall be allowed to continue outside the buffer area; however, the paleontologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources. During monitoring, if potentially significant paleontological resources are found, “standard” samples shall be collected and processed by a qualified paleontologist to recover micro vertebrate fossils. If significant fossils are found and collected, they shall be prepared to a reasonable point of identification. Excess sediment or matrix shall be removed from the specimens to reduce the bulk and cost of storage.

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

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

NOISE
MM 13-1: Reduce Potential Freedom Circle Focus Area Plan Construction Noise Levels. To reduce potential noise levels from Focus Area Plan related construction activities, the City shall ensure future development projects within the Plan Area:
1) Notify Residential and Commercial Land Uses of Planned Construction Activities. This notice shall be provided at least one week prior to the start of any construction activities, describe the noise control measures to be implemented by the Project, and include the name and phone number of the designated contact for the Applicant/project representative and the City of Santa Clara responsible for handling construction-related noise complaints (per Section 8). This notice shall be provided to: A) The 5 – Applicable Mitigation Measures
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owner/occupants of residential dwelling units within 500 feet of construction work areas; and B) The owner/occupants of commercial buildings (including institutional buildings) within 200 feet of construction work areas or within 400 feet of construction work areas if pile driving equipment will be used.
2) Notify San Tomas Aquino Creek Trail Users of Construction Activities. Prior to the start of construction activities within 500 feet of the San Tomas Aquino Creek Trail, signs shall be posted along the trail warning of potential temporary elevated noise levels during construction. Signs shall be posted within 250 feet of impacted trail segments (i.e., portions of the trail within 500 feet of a work area) and shall remain posted throughout the duration of all substantial noise generating construction activities (typically demolition, grading, and initial foundation installation activities). 3) Restrict Work Hours. All construction-related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 9.10.230.

The use of noise control blankets on building facades shall be considered only if noise complaints are not resolvable with other means or methods. 8) Prepare a Construction Noise Complaint Plan. The Construction Noise Complaint Plan shall: A) Identify the name and/or title and contact information (including phone number and email) for a designated project and City representative responsible for addressing construction-related noise issues; B) Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints; C) At a minimum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the 5 – Applicable Mitigation Measures
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complaint, determine the cause of the complaint, and take steps to resolve the complaint; D) The elements of the Construction Noise Complaint Plan may be included in the project-specific noise evaluation prepared to satisfy Section 7 or as a separate document.
9) Owner/Occupant Disclosure: The City shall require future occupants/tenants in the Plan Area receive disclosure that properties in the Plan Area may be subject to elevated construction noise levels from development in the Plan Area. This disclosure shall be provided as part of the mortgage, lease, sub-lease, and/or other contractual real-estate transaction associated with the subject property.

MM 13-2: Reduce Greystar Project Construction Noise Levels. To reduce potential noise levels from Greystar Project construction activities, the City shall ensure the Applicant:
1) Notify Residential and Commercial Land Uses of Planned Construction Activities. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft Environmental Impact Report (EIR) Mitigation Measure 13-1, Section 1. 2) Notify San Tomas Aquino Creek Trail Users of Construction Activities. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 2.
3) Restrict Work Hours. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 3. 4) Control Construction Traffic and Site Access. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 4. 5) Construction Equipment Selection, Use, and Noise Control Measures. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 5.
6) Implement Construction Activity Noise Control Measures: See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section. The project will not require pile driving and, therefore, pile driving control measures identified in Mitigation Measure 13-1, Section 6 C) are not applicable. See below for noise barrier mitigation requirements per Mitigation Measure 13-1, Section 6 B).
7) Prepare Project-Specific Construction Noise Evaluation. Not applicable. The construction noise analysis presented in the Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft Environmental Impact Report constitutes the Projectspecific construction noise evaluation per Mitigation Measure 13-1, Section 7. 8) Prepare a Construction Noise Complaint Plan. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 8. 9) Owner/Occupant Disclosure: See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 9. 5 – Applicable Mitigation Measures
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Per Mitigation Measure 13-1, Section 6 B), the following noise barriers shall be installed and maintained around the perimeter of active work areas: A) For all demolition, site preparation, grading, and foundation work within 100 feet of the commercial property (Pedro’s Restaurant and Cantina) that borders the site’s southwest perimeter: i) a 6-foottall barrier shall be installed starting at Freedom Circle and extending south along the property boundary to the site’s southern property line (approximately 640 linear feet). B) For all demolition, site preparation, grading, and foundation work within 150 feet of commercial properties across Freedom Circle: i) a 6-foot-tall barrier shall be provided along the length of the property line that fronts Freedom Circle, excepting construction access points as needed (approximately 1,130 linear feet). C) Noise barriers shall consist of ½” plywood or any other material weighing 4 pounds per square foot or more or having a minimum documented transmission loss value of 20 dBA. The barriers may be erected on temporary retaining walls or temporary K-rails or other solid structures (which shall be considered as part of the total height of the barrier). Boards shall be staggered one over two, or joints otherwise fastened and sealed, to prevent sound transmission through joints. There shall be no openings or gaps in the barrier. The barrier shall be regularly inspected (e.g., weekly) and maintained during construction activities (e.g., warped or cracked boards shall be replaced upon discovery). D) The noise barrier may be removed following the completion of building foundation work within the distances specific above (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site).

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

To reduce potential vibration-related structural damage and other excessive vibration levels from Focus Area Plan related construction activities, the City shall ensure future development projects within the Plan Area:
1) Notify Residential and Commercial Land Uses of Planned Construction Activities. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft Environmental Impact Report (EIR) Mitigation Measure 13-1, Section 1. 2) Restrict Work Hours. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 2. 3) Prohibit Vibratory Equipment. The use of large vibratory rollers, vibratory/impact hammers, and other potential large vibration-generating equipment (e.g., hydraulic breakers/hoe rams) shall be prohibited within 100 feet of any residential building façade and 50 feet of any commercial building façade during construction activities. Plate compactors and compactor rollers are acceptable, and deep foundation piers or caissons shall be auger drilled.
4) Prepare Project-Specific Construction Vibration Evaluation Plan. If it is not feasible to prohibit vibratory equipment per Section 3) due to site- or project-specific conditions or design considerations, the City shall review and approve a project-specific construction vibration evaluation that: A) Identifies the project’s planned vibration-generating construction activities (e.g., demolition, pile driving, vibratory compaction); B) Identifies the potential project-specific vibration levels (given project-specific equipment and soil conditions, if known) at specific building locations that may be impacted by the vibrationgenerating work activities (generally buildings within 50 feet of the work area); C) Identifies the vibration control measures incorporated into the project that ensure 5 – Applicable Mitigation Measures
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equipment and work activities would not damage buildings or result in vibrations that exceed Caltrans’ strongly perceptible vibration detection threshold for peak particle velocity (PPV) of 0.1 inches/second (in/sec). Such measures may include, but are not limited to: i) the requirements of Sections 1, 2, and 3; ii) the use of vibration monitoring to measure actual vibration levels; iii) the use of photo monitoring or other records to document building conditions prior to, during, and after construction activities; and iv) the use of other measures such as trenches or wave barriers; D) Identifies the name (or title) and contact information (including phone number and email) of the Contractor and City representatives responsible for addressing construction vibration-related issues; and E) Includes procedures describing how the construction contractor will receive, respond, and resolve to construction vibration complaints. At a minimum, upon receipt of a vibration complaint, the Contractor and/or City representative described in the first condition D) above shall identify the vibration source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint by reducing groundborne vibration levels to peak particle velocity levels that do not exceed accepted guidance or thresholds for structural damage that are best applicable to potentially impacted buildings (e.g., see Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Table 13-6) and Caltrans’ strongly perceptible vibration detection threshold (PPV of 0.1 in/sec, see Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Table 13-7).

MM 13-4: Reduce Greystar Project Construction Vibration Levels. To reduce potential vibration-related structural damage and other excessive vibration levels from Greystar project construction activities, the City shall require the Applicant:
1) Notify Residential and Commercial Land Uses of Planned Construction Activities. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft Environmental Impact Report (EIR) Mitigation Measure 13-1, Section 1. 2) Restrict Work Hours. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-1, Section 2. 3) Prohibit Vibratory Equipment. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13-3, Section 3. 4) Prepare Project-Specific Construction Vibration Evaluation Plan. See Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR Mitigation Measure 13- 1, Section 3. Mitigation Measure 13-3, Section 4 A) – C) are not applicable because the construction vibration analysis presented in the Freedom Circle Focus Area Plan/Greystar General Plan Amendment Draft EIR constitutes the Project-specific construction vibration evaluation per Mitigation Measure 13-3, Section 4.

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

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

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

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

TRIBAL CULTURAL RESOURCES
MM 7-3: During the City’s standard project-specific review process for all future, discretionary, public improvement and private development projects under the subsequent comprehensive planning study (such as a specific plan) adopted by the City to guide development in the Plan Area, the City shall determine the possible presence of, and the potential for new or substantially more severe impacts of the action on, archaeological resources and tribal cultural resources. The City shall require individual project applicants or environmental consultants to contact the California Historical Resources Information System (CHRIS) to determine whether the particular project is located in a sensitive area. Future discretionary development projects that CHRIS determines may be located in a sensitive area – i.e., on or adjoining an identified archaeological site – shall proceed only after the project applicant contracts with an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards, to conduct a determination in regard to cultural values remaining on the site and warranted mitigation measures, as described directly below.

In general, to make an adequate determination in these instances, the archaeologist shall conduct a preliminary field inspection to (1) assess the amount and location of visible ground surface, (2) determine the nature and extent of previous impacts, and (3) assess the nature and extent of potential impacts. Such field inspection may demonstrate the need for some form of additional subsurface testing (e.g., excavation by auger, shovel, or backhoe unit) or, alternatively, the need for on-site monitoring of subsurface activities (i.e., during grading or trenching). 5 – Applicable Mitigation Measures
176 Addendum to the General Plan EIR
Public Review Draft November 1, 2023
In addition, the City shall continue to notify the Native American tribes traditionally and culturally affiliated with the Plan Area of the discretionary, public improvement and private development projects if those proposed improvements or projects are subject to a CEQA Negative Declaration (including Mitigated Negative Declaration) or Environmental Impact Report (EIR), in accordance with California Assembly Bill 52, and if a Native American tribe requests consultation, conduct a good faith consultation.

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

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

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

If in-place mitigation is determined by the City to be infeasible, a data recovery plan, which makes provisions for adequate recovery of culturally or historically consequential information about the site (including artifacts discovered on the site), subject to review and approval by the City, shall be prepared and adopted prior to any excavation being undertaken. The study shall be submitted to the CHRIS Northwest Information Center, and if Native American artifacts are indicated, the study shall also be submitted to the Native American Heritage Commission (NAHC). CHRIS and NAHC are recognized as experts in their respective disciplines.
5 – Applicable Mitigation Measures
178 Addendum to the General Plan EIR
Public Review Draft November 1, 2023
Identified cultural resources shall be recorded on form DPR 422 (archaeological sites).

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

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

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

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

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

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

6.2 – Persons and Organizations Consulted
None.
5 – References
Zoning Code Update and General Plan Amendments 181
City of Santa Clara

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

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

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

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

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

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

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

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

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

RESOLUTION NO. 24-006

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA RECOMMENDING THAT

THE CITY COUNCIL REZONE SIXTEEN PARCELS ALONG EL

CAMINO REAL TO MU-RC - MIXED USE REGIONAL

COMMERCIAL
WHEREAS, on January 9, 2024, the City of Santa Clara (the "City") adopted the City's Zoning Code Update, the first comprehensive update of the City's Zoning Code in over 50 years; and WHEREAS, the 2010-2035 General Plan is the City's vision for future development; and WHEREAS, the City's Zoning Code is the primary regulatory tool that implements the General Plan; and
WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; and WHEREAS, the Zoning Code is administered on a parcel-by-parcel basis through a Zoning Map with specific zoning districts applied to each parcel; and WHEREAS, the City has prepared a Zoning Map that is consistent with the City's General Plan, as required by state law; and
WHEREAS, the proposed Zoning Map is also consistent with the provisions of state law requiring the maintenance of residential capacity at 2018 levels; and WHEREAS, the City is proposing to rezone sixteen (16) parcels along the El Camino in advance of the adoption of the Zoning Map to facilitate adoption of the city's Housing Element; and WHEREAS, the City held seven community meetings in 2018 and 2019 on the Zoning Code Update to solicit community feedback; received 500 responses to a community survey on the Zoning Code Update in 2019; and posted a copy of the draft code for public comment in 2022; WHEREAS, the City Council and Planning Commission held three joint study sessions on the Zoning Code Update in the summer and fall of 2019; and
WHEREAS, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021, and also held a study session specifically Resolution/Zoning Code Update Recommendation
Rev: 7/27/2023

Page 1 of 3 ends

on parking and outdoor dining regulations on June 16, 2021; and WHEREAS, the City Council held a study session on the Zoning Code Update on August 22, 2023; and
WHEREAS, the Planning Commission has reviewed the proposed rezonings; and WHEREAS, on April 4, 2024, notice was mailed to all 16 sites proposed for rezoning, and all properties located within 300 feet of those 16 sites; and WHEREAS, before acting on the proposed rezonings, the Planning Commission reviewed and considered the potential environmental impacts and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed rezonings were consistent with 2010-2035 General Plan EIR, as addended, and did not alter the conclusions of the adopted General Plan EIR, as addended, or create new environmental impacts; and WHEREAS, on April 17, 2024, the Planning Commission conducted a duly noticed public hearing to consider the proposed rezonings, 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 rezonings.

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

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

2. That the Planning Commission hereby recommends that the City Council amend the City's Zoning Map to rezone the parcels listed in Attachment 1 to MU-RC Mixed Use Regional Commercial.

II
II
Resolution/Zoning Code Update Recommendation
Rev: 7/27/2023

Page 2 of 3 ends

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 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
Attachments Incorporated by Reference:

1. List of parcels to be rezoned
Resolution/Zoning Code Update Recommendation
Rev: 7/27/2023

ACTING DIRECTOR

COMMUNITY DEVELOPMENT DPEARTMENT

CITY OF SANTA CLARA

Page 3 of 3 ends

El Camino Parcels Proposed for Rezoning
Site Address APN Acreage Current GP Proposed
Zoning
3705 El Camino Real 213-34-010 4.47 RMXU- MU-RC -
Regional Mixed Use Mixed Use
37-50 DU/AC, minimum Regional

0.1 5 commercial FAR Commercial
3735 El Camino Real 213-34-010 1.83 RMXU MU-RC
3775 El Camino Real 213-35-035 2.19 RMXU MU-RC
2213 El Camino Real 224-15-029 1.22 RMXU MU-RC
2065 El Camino Real 224-15-037 6.43 RMXU MU-RC
3590 El Camino Real 290-01-115 0.67 RMXU MU-RC
3580 El Camino Real 290-01-116 1.56 RMXU MU-RC
3570 El Camino Real 290-01-117 0.39 RMXU MU-RC
2200 El Camino Real 290-10-078 0.95 RMXU MU-RC
3750 El Camino Real 313-05-010 0.67 RMXU MU-RC
1484 Halford Avenue 313-05-011 1.29 RMXU MU-RC
1460 Halford Avenue 313-05-012 1.18 RMXU MU-RC
3740 El Camino Real 313-06-003 0.66 RMXU MU-RC
3530 El Camino Real 290-01-114 0.54 RMXU MU-RC
2232 El Camino Real 290-10-091 2.03 RMXU MU-RC
2240 El Camino Real 290-10-090 0.70 RMXU MU-RC
El Camino Parcels Proposed for Rezoning
Site Address APN Acreage Current GP Proposed
Zoning
3705 El Camino Real 213-34-010 4.47 RMXU- MU-RC -
Regional Mixed Use Mixed Use
37-50 DU/AC, minimum Regional

0.15 commercial FAR Commercial
3735 El Camino Real 213-34-010 1.83 RMXU MU-RC
3775 El Camino Real 213-35-035 2.19 RMXU MU-RC
2213 El Camino Real 224-15-029 1.22 RMXU MU-RC
2065 El Camino Real 224-15-037 6.43 RMXU MU-RC
3590 El Camino Real 290-01-115 0.67 RMXU MU-RC
3580 El Camino Real 290-01-116 1.56 RMXU MU-RC
3570 El Camino Real 290-01-117 0.39 RMXU MU-RC
2200 El Camino Real 290-10-078 0.95 RMXU MU-RC
3750 El Camino Real 313-05-010 0.67 RMXU MU-RC
1484 Halford Avenue 313-05-011 1.29 RMXU MU-RC
1460 Halford Avenue 313-05-012 1.18 RMXU MU-RC
3740 El Camino Real 313-06-003 0.66 RMXU MU-RC
3530 El Camino Real 290-01-114 0.54 RMXU MU-RC
2232 El Camino Real 290-10-091 2.03 RMXU MU-RC
2240 El Camino Real 290-10-090 0.70 RMXU MU-RC
RESOLUTION NO. 24-007

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA RECOMMENDING THAT

THE CITY COUNCIL REZONE ONE PARCEL ALONG EL

CAMINO REAL TO MU-RC - MIXED USE REGIONAL

COMMERCIAL
WHEREAS, on January 9, 2024, the City of Santa Clara (the "City") adopted the City's Zoning Code Update, the first comprehensive update of the City's Zoning Code in over 50 years; and WHEREAS, the 2010-2035 General Plan is the City's vision for future development; and WHEREAS, the City's Zoning Code is the primary regulatory tool that implements the General Plan; and
WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; and WHEREAS, the Zoning Code is administered on a parcel-by-parcel basis through a Zoning Map with specific zoning districts applied to each parcel; and WHEREAS, the City has prepared a Zoning Map that is consistent with the City's General Plan, as required by state law; and
WHEREAS, the proposed Zoning Map is also consistent with the provisions of state law requiring the maintenance of residential capacity at 2018 levels; and WHEREAS, the City is proposing to rezone one (1) parcel along the El Camino in advance of the adoption of the Zoning Map to facilitate adoption of the city's Housing Element; and WHEREAS, the City held seven community meetings in 2018 and 2019 on the Zoning Code Update to solicit community feedback; received 500 responses to a community survey on the Zoning Code Update in 2019; and posted a copy of the draft code for public comment in 2022; WHEREAS, the City Council and Planning Commission held three joint study sessions on the Zoning Code Update in the summer and fall of 2019; and
WHEREAS, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021, and also held a study session specifically Resolution/Zoning Code Update Recommendation
Rev: 7/27/2023

Page 1 of 3 ends

on parking and outdoor dining regulations on June 16, 2021; and WHEREAS, the City Council held a study session on the Zoning Code Update on August 22, 2023; and
WHEREAS, the Planning Commission has reviewed the proposed rezonings; and WHEREAS, on April 4, 2024, notice was mailed to the one parcel proposed for rezoning, and all properties located within 300 feet of that site; and
WHEREAS, before acting on the proposed rezoning, the Planning Commission reviewed and considered the potential environmental impacts and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed rezonings were consistent with 2010-2035 General Plan El R, as addended, and did not alter the conclusions of the adopted General Plan EIR, as addended, or create new environmental impacts; and WHEREAS, on April 17, 2024, the Planning Commission conducted a duly noticed public hearing to consider the proposed rezoning, 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 rezonings.

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

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

2. That the Planning Commission hereby recommends that the City Council amend the City's Zoning Map to rezone the parcel listed in Attachment 1 to MU-RC Mixed Use Regional Commercial.

II
II
II
Resolution/Zoning Code Update Recommendation
Rev: 7/27/2023

Page 2 of 3 ends

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

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS: Vice Chair Bhatnagar
ATTEST: -~-=-----''---------------

REENA BRILLIOT
Attachments Incorporated by Reference:

1. List of parcel to be rezoned
II
II
II
II
Resolution/Zoning Code Update Recommendation
Rev: 7/27/2023

ACTING DIRECTOR

COMMUNITY DEVELOPMENT DPEARTMENT

CITY OF SANTA CLARA

Page 3 of 3 ends

El Camino Parcel Proposed for Rezoning
Site Address APN Acreage Current GP Proposed
Zoning
2789 El Camino Real 216-01-059 0.88 RMXU MU-RC
Resolution/Zoning Code Update Recommendation Page 1 of 3 Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

REZONING THIRTEEN PARCELS ALONG EL CAMINO REAL

TO MU-RC - MIXED USE REGIONAL COMMERCIAL
WHEREAS, on January 9, 2024, the City of Santa Clara (the “City”) adopted the City’s Zoning Code Update, the first comprehensive update of the City’s Zoning Code in over 50 years; and WHEREAS, the 2010-2035 General Plan is the City’s vision for future development; and WHEREAS, the City’s Zoning Code is the primary regulatory tool that implements the General Plan; and
WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; and WHEREAS, the Zoning Code is administered on a parcel-by-parcel basis through a Zoning Map with specific zoning districts applied to each parcel; and WHEREAS, the City has prepared a Zoning Map that is consistent with the City’s General Plan, as required by state law; and
WHEREAS, the proposed Zoning Map is also consistent with the provisions of state law requiring the maintenance of residential capacity at 2018 levels; and WHEREAS, the City is proposing to rezone thirteen (13) parcels along the El Camino in advance of the adoption of the Zoning Map to facilitate adoption of the City’s Housing Element; and WHEREAS, the City held seven community meetings in 2018 and 2019 on the Zoning Code Update to solicit community feedback; received 500 responses to a community survey on the Zoning Code Update in 2019; and posted a copy of the draft code for public comment in 2022; WHEREAS, the City Council and Planning Commission held three joint study sessions on the Zoning Code Update in the summer and fall of 2019; and
WHEREAS, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021, and also held a study session specifically on parking and outdoor dining regulations on June 16, 2021; and Resolution/Zoning Code Update Recommendation Page 2 of 3 Rev: 7/27/2023
WHEREAS, the City Council held a study session on the Zoning Code Update on August 22, 2023; and
WHEREAS, on April 4, 2024, notice was mailed to all 13 sites proposed for rezoning, and all properties located within 300 feet of those 13 sites; and WHEREAS, before acting on the proposed rezonings, the City Council reviewed and considered the potential environmental impacts and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed rezonings were consistent with 2010- 2035 General Plan EIR, as addended, and did not alter the conclusions of the adopted General Plan EIR, as addended, or create new environmental impacts; and WHEREAS, on April 17, 2024, the Planning Commission conducted a duly noticed public hearing to consider the proposed rezonings, at the conclusion of which, the Planning Commission voted to recommend that the City Council adopt the proposed rezonings; and WHEREAS, on May 7, 2024, the City Council conducted a duly noticed public hearing to consider the proposed rezonings, 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 rezonings.

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

1. That the above Recitals are true and correct and by this reference makes them a part hereof.
//
//
//
//
Resolution/Zoning Code Update Recommendation Page 3 of 3 Rev: 7/27/2023

2. That the City’s Zoning Map is amended to rezone the parcels listed in Attachment 1 to MU-RC Mixed Use Regional Commercial.

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 7
TH DAY OF MAY, 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. List of thirteen parcels to be rezoned
//
//
//
//
//
//
Resolution/Zoning Code Update Recommendation Page 4 of 3 Rev: 7/27/2023
El Camino parcels proposed for rezoning
Site Address APN Acreage Current GP Proposed
Zoning
3705 El Camino Real 213-34-010 4.47 RMXU -
Regional Mixed Use
37-50 DU/AC,
minimum 0.15
commercial FAR

MU-RC -
Mixed Use
Regional
Commercial
3735 El Camino Real 213-34-010 1.83 RMXU MU-RC
3775 El Camino Real 213-35-035 2.19 RMXU MU-RC
2789 El Camino Real 216-01-059 0.88 RMXU MU-RC
3590 El Camino Real 290-01-115 0.67 RMXU MU-RC
3580 El Camino Real 290-01-116 1.56 RMXU MU-RC
3570 El Camino Real 290-01-117 0.39 RMXU MU-RC
3750 El Camino Real 313-05-010 0.67 RMXU MU-RC
1484 Halford Avenue 313-05-011 1.29 RMXU MU-RC
1460 Halford Avenue 313-05-012 1.18 RMXU MU-RC
3740 El Camino Real 313-06-003 0.66 RMXU MU-RC
3530 El Camino Real 290-01-114 0.54 RMXU MU-RC
2240 El Camino Real 290-10-090 0.70 RMXU MU-RC
Resolution/Zoning Code Update Recommendation Page 1 of 4 Rev: 7/27/2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

REZONING FOUR PARCELS ALONG EL CAMINO REAL TO

MU-RC - MIXED USE REGIONAL COMMERCIAL
WHEREAS, on January 9, 2024, the City of Santa Clara (the “City”) adopted the City’s Zoning Code Update, the first comprehensive update of the City’s Zoning Code in over 50 years; and WHEREAS, the 2010-2035 General Plan is the City’s vision for future development; and WHEREAS, the City’s Zoning Code is the primary regulatory tool that implements the General Plan; and
WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; and WHEREAS, the Zoning Code is administered on a parcel-by-parcel basis through a Zoning Map with specific zoning districts applied to each parcel; and WHEREAS, the City has prepared a Zoning Map that is consistent with the City’s General Plan, as required by state law; and
WHEREAS, the proposed Zoning Map is also consistent with the provisions of state law requiring the maintenance of residential capacity at 2018 levels; and WHEREAS, the City is proposing to rezone four (4) parcels along the El Camino in advance of the adoption of the Zoning Map to facilitate adoption of the City’s Housing Element; and WHEREAS, the City held seven community meetings in 2018 and 2019 on the Zoning Code Update to solicit community feedback; received 500 responses to a community survey on the Zoning Code Update in 2019; and posted a copy of the draft code for public comment in 2022; WHEREAS, the City Council and Planning Commission held three joint study sessions on the Zoning Code Update in the summer and fall of 2019; and
WHEREAS, the Planning Commission held study sessions on the Zoning Code Update on August 22, 2018, September 5, 2018 and October 27, 2021, and also held a study session specifically on parking and outdoor dining regulations on June 16, 2021; and Resolution/Zoning Code Update Recommendation Page 2 of 4 Rev: 7/27/2023
WHEREAS, the City Council held a study session on the Zoning Code Update on August 22, 2023; and
WHEREAS, on April 4, 2024, notice was mailed to all 4 sites proposed for rezoning, and all properties located within 300 feet of those 4 sites; and WHEREAS, before acting on the proposed rezonings, the City Council reviewed and considered the potential environmental impacts and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed rezonings were consistent with 2010- 2035 General Plan EIR, as addended, and did not alter the conclusions of the adopted General Plan EIR, as addended, or create new environmental impacts; and WHEREAS, on April 17, 2024, the Planning Commission conducted a duly noticed public hearing to consider the proposed rezonings, at the conclusion of which, the Planning Commission voted to recommend that the City Council adopt the proposed rezonings; and WHEREAS, on May 7, 2024, the City Council conducted a duly noticed public hearing to consider the proposed rezonings, 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 rezonings.

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

1. That the above Recitals are true and correct and by this reference makes them a part hereof.
//
//
//
//
Resolution/Zoning Code Update Recommendation Page 3 of 4 Rev: 7/27/2023

2. That the City’s Zoning Map is amended to rezone the parcels listed in Attachment 1 to MU-RC Mixed Use Regional Commercial.

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 7
TH DAY OF MAY, 2024, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. List of four parcels to be rezoned
Resolution/Zoning Code Update Recommendation Page 4 of 4 Rev: 7/27/2023
El Camino parcels proposed for rezoning
Site Address APN Acreage Current GP Proposed
Zoning
2213 El Camino Real 224-15-029 1.22 RMXU -
Regional Mixed Use
37-50 DU/AC,
minimum 0.15
commercial FAR

MU-RC -
Mixed Use
Regional
Commercial
2065 El Camino Real 224-15-037 6.43 RMXU MU-RC
2200 El Camino Real 290-10-078 0.95 RMXU MU-RC
2232 El Camino Real 290-10-091 2.03 RMXU MU-RC
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-363 Agenda Date: 5/7/2024

REPORT TO CITY COUNCIL

SUBJECT
Public Hearing: Action on Amendment to the City of Santa Clara General Plan - 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 goals, policies, actions, and objectives 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 6th 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 31st version, staff met with HCD on April 20, 2023 to discuss those comments and again on June 2, 20223 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 (Attachment 1) on the June 27, 2023 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 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 re-adopted Housing Element. The City submitted the proposed adoption draft of the Housing Element to HCD for formal review on March 26, 2024 (Attachments 2 (clean) and 3 (redline)).

On April 11, 2024, the City received a letter from HCD (Attachment 4) finding that the revised draft Housing Element meets the statutory requirements of State Housing Element Law (Gov. Code 65580 et seq.) with the condition that the Housing Element be re-adopted by the City, submitted to, and approved by HCD in the revised form, and the necessary rezonings along the El Camino Real corridor be completed.

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DISCUSSION
The Planning Commission hearing on this item took place on April 17, 2024. Staff provided a presentation (Attachment 5) with background information on housing elements in general and specifically about the City’s housing element update process. The presentation also highlighted the key changes made to the Housing Element in response to comments from HCD. A detailed summary of HCD’s comments on each of the City’s prior submittals and the City’s revisions to address those comments, including the March 2024 draft, is included in the discussion section of the April 17, 2024 Planning Commission staff report (Attachment 6).

The Commission asked questions about:
· the City’s shrinking population and whether that impacts the City’s Regional Needs Housing Allocation (RHNA) numbers,
· the role of the City’s Annual Progress Report (APR) to the State on implementation of the Housing Element, and
· how required infrastructure for new development is analyzed, planned, and paid for.

Staff provided responses that any changes to the City’s population do not impact the City’s RHNA numbers for this housing cycle. The City began implementing the current Housing Element since its adoption on January 31, 2023. At the beginning of each year, the City is required to prepare an Annual Progress Report (APR) for the prior calendar year demonstrating progress made toward implementing the Housing Element. The APR is then submitted to HCD for review by April 1st. Staff provided the Planning Commission with a copy of the recently submitted APR for the 2023 calendar year.

Staff also shared that the Housing Element includes an evaluation of existing and planned infrastructure to accommodate the RHNA. All of the sites in the Housing Element inventory have existing General Plan designations that allow residential development at levels greater than the conservative estimates of realistic residential unit capacity used for Housing Element purposes.

The majority of planned housing is located in the City’s adopted Specific Plan areas, each of which included a detailed evaluation of the improvements related to infrastructure needed to support the proposed uses within those areas and a plan for funding/phasing those improvements.

Commissioners also commented that the City should do something about buildings/properties along El Camino Real that have been vacant for a long time.

The Commission also asked for, and was provided information about, the potential penalties for not having an adopted and certified Housing Element.

A public comment letter (Attachment 7) and four letters of support (Attachments 8-11) were provided to and reviewed by the Planning Commission.

Commissioner Biagini made a motion (Bhatnagar seconding) to adopt a resolution (Attachment 12) to recommend City Council amend the General Plan by re-adopting the 2023-2031 Housing Element with revisions incorporated to address HCD comments. The Commission voted unanimously (7-0-0) in favor of the motion.

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City staff’s understanding and belief is that both versions of the Housing Element adopted by the City Council (initially 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 versions, including a desire to add language, analysis and programs 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 also responded to concerns brought by the “Housing Action Coalition” (HAC) concerning the viability of selected nonvacant sites for redevelopment, including 56 pages of new analysis added to Appendix C in the new version. Staff believes, with this version, that the concerns of HCD and the HAC 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 4 April 11, 2024 HCD Findings Letter).

Accordingly, staff strongly recommends the City Council adopt the Housing Element as presented.

ENVIRONMENTAL REVIEW
Consistent with California Environmental Quality Act (CEQA) guidelines 15162, the City prepared an Addendum to the 2010-2035 General Plan Environmental Impact Report (Attachment 13) 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 or 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 14) 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-approved 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 analysis of their potential fiscal impacts.

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

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

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.

On March 27, 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 Gov Delivery 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 amend the General Plan by re-adopting the Housing Element for the 2023- 2031 Cycle with the revisions presented to address HCD’s comments.

RECOMMENDATION
Adopt a Resolution to amend the General Plan by re-adopting the Housing Element for the 2023- 2031 Cycle with the revisions presented to address HCD’s 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. Draft Revisions to Re-Adopted Housing Element (clean)

3. Draft Revisions to Re-Adopted Housing Element (redline)

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

5. Planning Commission Presentation April 17, 2024

6. Planning Commission Staff Report April 17, 2024

7. Housing Action Coalition Comment Letter March 8, 2023

8. SV@Home Support Letter April 11, 2024

9. Freebird Development Support Letter April 9, 2024
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10. The Core Companies Support Letter April 8, 2024

11. Charities Housing Support Letter April 10, 2024

12. Planning Commission Resolution No. 24-008

13. CEQA Addendum

14. City Council Addendum Resolution No. 23-9188

15. General Plan Amendment Resolution
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 20, 2023
Jōvan D. Grogan, City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, Ca 95050
Dear Jōvan D. Grogan:

RE: City of Santa Clara’s 6th Cycle (2023-2031) Adopted Housing Element Thank you for submitting the City of Santa Clara’s (City) housing element adopted June 27,2023 and received for review on August 23,2023, along with technical modifications received October 12, 2023. Technical modifications were authorized by Resolution Number 23-9244 and were made available to the public for seven days before HCD’s review. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on September 29, 2023 with Reena Brilliot, Assistant Director Community Development; Lesley Xavier, Planning Manager; Adam Marcus, Housing and Community Services Division Manager; John Davidson, Principal Planner; John Baty, Consultant Planner; as well as your consultants. Finally, HCD considered comments from Housing Action Coalition and Farella Braun + Martel LLP pursuant to Government Code section 65585, subdivision (c).

The adopted housing element addresses many statutory requirements described in HCD’s March 23, 2023 review; however, additional revisions are necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq), as follows.

1. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities... (Gov. Code, § 65583, subd. (c)(1).)
Jōvan D. Grogan, City Manager

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Progress toward the Regional Housing Need Allocation (RHNA): As noted in HCDs prior reviews, for larger specific plans, the element should discuss planned built out horizons, necessary steps to make sites available, any impediments to the availability of sites for development in the planning period and if necessary, adjust the number of units counted toward the RHNA in the planning period.

Suitability of Nonvacant Sites: The prior review found that the element must describe redevelopment potential of nonvacant sites and clarify how the various factors utilized is indicative of redevelopment potential. The element was revised to list recent examples and provide some additional information about a few factors utilized (e.g., floor area ratio). However, the element should provide additional supporting information for the factors based on trends or other relevant information and relate those factors to the sites inventory.

In addition, the element must still evaluate the extent existing uses impede additional development. This analysis may utilize a site-by-site approach and should address public comments on this review. To address the extent existing uses impeded additional development, the element could utilize indicators of existing uses turning over in the planning period such as interest from property owners in residential development, age of structure, lack of recent improvements or investment, vacancies, existing versus allowable floor area, recent and frequent turnover in uses and lack of existing leases, contracts or other conditions that preclude additional residential development or recent development activity.

Finally, if the element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, the City must make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. While the resolution of adoption includes findings, any changes to the analysis should be reflected in future readoption of the element.

Zoning for a Variety of Housing Types (Emergency Shelters): While the element was revised to include available acreage, development standards and proximity to transit related to capacity for emergency shelters, Action 9 (Zoning Ordinance) should clarify emergency shelters will be permitted without discretionary action.

Further, please be aware Chapter 654, Statues of 2022 (AB 2339), adds specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. Future submittals of the housing element may need to address these statutory requirements, including amending the definition of emergency shelters and demonstrating sufficient capacity based on statutory formulas. For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-and community/ab2339- notice.pdf.

Jōvan D. Grogan, City Manager

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Programs: As noted above, the element does not contain a complete site inventory and analysis. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types, including rezoning sites and meeting all by-right requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i).

2. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities... (Gov. Code, § 65583, subd. (c)(3).)
Land Use Controls: The element includes a general statement that development standards do not constrain development based on a brief example that development meet minimum lot size requirements. However, the element must include analysis and programs to address identified constraints. The analysis should evaluate the cumulative impact of development standards on factors such as the ability to achieve maximum densities without exceptions. For example, the element could describe recent projects, provide a bulk analysis utilizing development standards or engage the development community to address this requirement.

Programs: As noted above, the element does not contain a complete analysis of potential governmental constraints. Upon a complete analysis of potential governmental constraints, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised, as follows:
• Action 1 (Provisions of a Variety of Housing Types): While the Action was revised to acknowledge residential care facilities and allow the uses through by right processes, it should clarify residential care facilitate will be permitted in all residential zones similar to other residential uses of the same type in the same zone.
• Action 2 (Affordable Housing Ordinance): While the Action now commits to receive feedback on a feasibility study and bring the study and summary Jōvan D. Grogan, City Manager

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of feedback to the City Council, it should also commit to bring revisions to the ordinance if necessary.
• Action 3 (Affordable Housing incentives and Facilitation): The element should include a specific commitment to reduce parking requirements for studios and one-bedroom apartments in multi-family zones as discussed in land use controls (p. 13.5-17). In addition, the City should include a specific commitment to reduce parking requirements beyond areas within a half-mile of a transit stop.

3. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Goals, Priorities, Metrics, and Milestones: While the element includes many meaningful actions to affirmatively further fair housing (AFFH), it should be revised, as follows:
• Increasing Housing Choices and Affordability in Areas of Opportunity: The element was revised to include some actions with geographic targeting and metrics for programs in higher opportunity neighborhoods. However, the element should be revised to include robust actions (not limited to the RHNA and not limited to complying with state law) to promote housing mobility and increasing housing choices and affordability in higher income, higher resourced and lower density neighborhoods. Examples include creating more housing choices and affordability in single-family neighborhoods beyond complying with law (e.g., SB 9, accessory dwelling units (ADUs)), intensification of single family neighborhoods, targeting affordable housing funding, homesharing programs, more than one junior accessory dwelling unit (JADU) or conversion of existing space (per single family structure), enhancing capacity, affordability, and housing choices on religious institutional sites beyond the RHNA and other alternative land use strategies. Lastly, the element must be revised to include quantified metrics (beyond the RHNA) programs focused on housing mobility and increased housing opportunities and affordability.
• Place-Based Strategies for Community Revitalization: As found in HCD’s prior review, the element must include place-based strategies toward community revitalization targeted toward lower resourced and relatively lower income areas with higher concentrations of poverty. Examples of actions include prioritizing local funding and applying for funding for neighborhood improvements such as streetscapes, sidewalks, safe routes to school, community facilities, parks and community amenities. HCD will send examples under separate cover.

Jōvan D. Grogan, City Manager

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The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted (if necessary) to comply with the above requirements pursuant to Government Code section 65585.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31,2023), rezoning to make prior identified sites available (Action 9) or to address a shortfall of sites to accommodate the RHNA shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones are completed pursuant to Government Code section 65583, subdivision (c)(1)(A) and Government Code section 65583.2, subdivision (c).

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. During the housing element revision 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, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. While the City has submitted its electronic sites inventory, if any changes occur, the City should re-submit the electronic sites inventory with future submittals of the housing element.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

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 Strategic Growth Council and HCD’s 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 Jōvan D. Grogan, City Manager

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element, the City meets housing element requirements for these and other funding sources.

We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. 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

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Chapter 13.1
Introduction
Background and Purpose
The City of Santa Clara continues to be a desirable place to live and in recent years the City has adopted new policies and provided funding to achieve more affordable housing opportunities in the community, as well as preparing long range plans to add new high-density, amenity rich neighborhoods that provide a variety of affordability options.

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.1 Santa Clara’s population is expected to grow by about 26 percent to 159,500 by 2040. The composition of the housing stock in Santa Clara has shifted, with more multi-family units being built than single family homes. This trend likely reflects the limited availability of land for development, the high cost of homeownership, and the growing number of young adults moving to this job rich area.

Demand for home ownership continues to exceed the supply and prices are increasingly out of reach even for moderate income households. As of 2019, 43 percent of homes were owner households and 57 percent were renter households, reflective of the high cost of home ownership in the area. Housing supply in general is tight with the vacancy rate of renter occupied homes only at 4.8 percent and owner homes at less than one percent.

The City’s motto, the “Center of What’s Possible", conveys the City’s can-do commitment to addressing housing challenges and ensuring a high quality of life for current and future residents.

In response to the daunting local and regional housing supply challenges, the City has been active in increasing housing access and choice, and removing barriers to development, as well as streamlining the development process to facilitate housing development. Additionally, the City is nearing completion of a comprehensive Zoning Code update which will further streamline processes with the inclusion of objective standards and new zoning districts that better align with the City’s General Plan. In 2018, the City began implementing an affordable housing ordinance with inclusionary requirements for new housing development. The ordinance also includes a commercial linkage fee so that office, R&D, and data centers contribute fees to support affordable 1 Census.gov

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housing development. Since the fall of 2021, the linkage fee has generated over $5.6 million, and those funds will be used to address affordable housing needs in the City.

The City has also partnered with affordable housing developers providing gap financing and is working expeditiously to facilitate entitlements and building permits for construction, meeting tight financing deadlines and requirements. Infill areas of the City such as El Camino Real, Stevens Creek Boulevard, Winchester Boulevard, and Homestead Road with strong access to transit, retail, schools, and services are the sites of several new affordable, supportive, and transitional housing projects under construction which have benefited from new State laws that streamline processes and, in many cases, have also been financially supported by the City. New neighborhoods in the long-range planning areas of Lawrence Station, Tasman East, Patrick Henry Drive, Freedom Circle, and Downtown will have access to high quality transit, parks, community center(s), schools, and entertainment.

Through this updated Housing Element, the City puts forth strengthened housing goals, policies and actions that will support housing opportunities for new residents and existing residents facing displacement pressures so that Santa Clara can continue to be a vital and diverse city in the heart of the Silicon Valley.

Regulatory Framework
The Housing Element is one of the required components of a General Plan and must be consistent with all other elements of the General Plan. It identifies ways in which the housing needs of existing and future residents can be met. State law describes in great detail the necessary contents of the Housing Element: 1) identifying housing needs; 2) affirmatively furthering and assessing fair housing; 3) analyzing constraints to housing production; 4) examining past accomplishments from prior housing element planning efforts; 5) understanding how past planning practices may have excluded groups of people from housing opportunities; 6) documenting how the public has been engaged in the planning process; and 7) assessing and describing how land and financial resources will be marshalled to meet all housing needs. This Housing Element responds to those requirements and responds specifically to conditions and policy directives unique to Santa Clara.

The California Legislature has identified the attainment of a decent home and suitable living environment for every Californian as the State’s main housing goal. Recognizing the important part that local planning programs play in pursuit of this goal, the Legislature has mandated that all cities and counties prepare a Housing Element as part of their comprehensive General Plans.

Section 65581 of the California Government Code reflects the legislative intent for mandating that each city and county prepare a Housing Element:

1. To ensure that counties and cities recognize their responsibilities in contributing to the attainment of the State housing goal.

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2. To ensure that counties and cities will prepare and implement Housing Elements which, along with federal and State programs, will move toward attainment of the State housing goal.

3. To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the State housing goal, provided such a determination is compatible with the State housing goal and regional housing needs.

4. To ensure that each local government cooperates with other local governments to address regional housing needs.

Scope and Content of the Housing Element
The 2023-2031 City of Santa Clara Housing Element has been prepared to meet the intent and requirements of State law and is intended to be integrated into the City’s 2010-2035 General Plan.

The Housing Element covers the planning period that begins January 31, 2023, and ends January 31, 2031, focusing on ways to promote residential infill development, given land supply and cost constraints. The intent of this Element is to plan for an adequate variety of safe, appropriate, and well-built housing for all residents of Santa Clara.

To comply with State Housing Element Law the he Housing Element consists of:
• An overview of the housing element and its relation to other elements in the General Plan • A review and assessment of the 2015-2023 Housing Element • A summary of the housing needs assessment
• An assessment of Fair Housing
• An analysis of special housing needs
• A review of constraints to housing development
• An analysis of at-risk housing
• A sites analysis of land parcels suitable for housing • Goals, policies, and actions that support the Housing Element Acronyms
This element includes use of many acronyms to identify agencies, housing programs, funding sources, and planning terms. Commonly used acronyms are:

ABAG/MTC – Association of Bay Area Governments/Metropolitan Transportation Commission
ADU – Accessory Dwelling Unit
AFFH - Affirmatively Furthering Fair Housing
AI - Analysis of Impediments to Fair Housing

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ACS - American Community Survey
AMI – Area Median Income
APR – Annual Progress Report
BMP – Below Market Purchase Program
BMR – Below Market Rental Program
CDBG – Community Development Block Grant
CEQA – California Environmental Quality Act
CHAS – Comprehensive Housing Affordability Strategy
CHDO – Community Housing Development Organization
COPA – Community Opportunity Purchase Act
DOF – State of California Department of Finance
HCD – State of California Department of Housing and Community Development HOME – HOME Investment Partnership Program
HOME-ARP – HOME American Rescue Plan
HPS – Homelessness Prevention System
HUD – Federal Department of Housing and Urban Development HVAC – Heating Ventilation and Air Conditioning
LIHTC – Low-Income Housing Tax Credit
LMI – Low to Moderate Income
MCC – Mortgage Credit Certificate
MFI – Median Family Income
MRB – Mortgage Revenue Bonds
NCIP – Neighborhood Conservation and Improvement Program NOAH – Naturally Occurring Affordable Housing
NOFA – Notice of Funding Availability
PHLA – Permanent Local Housing Allocation

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RHNA – Regional Housing Needs Allocation
SRO – Single Room Occupancy
SVP – Silicon Valley Power
TBRA – Tenant Based Rental Assistance
TCAC – California Tax Credit Allocation Committee
TOD – Transit-Oriented Development
Relationship to Other General Plan Elements
Since statutory requirements addressed in this Element overlap with other General Plan components, such as Land Use, Transportation, Environmental Quality, and Public Facilities and Services, it is necessary to look at the 2010-2035 General Plan in its entirety for an understanding of the relationship between the Housing Element and these topic areas. This Element meets the minimum standards required by State law for a housing element. Related housing issues can be found elsewhere in the General Plan. This Element is intended to be consistent with the 2010-2035 General Plan, adopted in 2010.

Public Participation
The Housing Element must reflect the values and preferences of the community; therefore, public participation in the planning process is critical to ensuring this Housing Element represents community voices. Government Code Section 65583(c)(9) states: “Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.”
At its core, a Housing Element is an opportunity to have a community conversation about how to address local housing challenges, establish goals, develop policies, and find solutions. As such, the public engagement process for Santa Clara utilized several channels to solicit input from a variety of stakeholders. Key comments gathered from the engagement process are summarized in Appendix A: Community Outreach and a list of general outreach efforts are listed below:
• Community Meetings
• Stakeholders Meetings, Questionnaires, and Interviews • Digital Surveys: English, Spanish, Vietnamese, Chinese (Simple) • Community Events
• Community Pop-ups
• Tenant Listening Sessions
• Planning Commission and Community Council Meetings

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At a high level, the community engagement was utilized to balance and align community input with State Housing Law requirements. With, consistent themes of affordability, housing type and tenure, housing choice, tenant protections, and homelessness the outreach process informed the Housing Plan actions, polices, and actions, and confirmed or highlighted trends identified by the demographic analysis.

The City of Santa Clara asked for the public’s comments on the Housing Element Draft via its website, list-serv, social media, printed/mailed newsletter (Inside Santa Clara), e-newsletter (City Hall News) and public meetings. The comments were collected via Konveio, a public comment platform for document review and via email. The City continued to engage in community outreach during the 60-day review period of the Housing Element Draft by HCD. The input collected is included in Appendix A. Public comment and formal letters continued to be addressed after the City received comments on the Housing Element Draft from HCD.

Specifically, outreach informed revisions to the Housing Element as follows:
• Respondents to outreach and commentors were concerned that the designated levels of affordability in the city’s existing inclusionary ordinance are above market rate and increasingly not affordable for many residents. Action #2 in Chapter 13.2 calls for an update to the inclusionary ordinance to achieve deeper levels of affordability and to redefine the City’s moderate affordability category to reflect a below market rate income range.
• In response to Housing Choices call to expand deeply affordable housing choices, the City updated Action #1 in Chapter 13.2 to include a goal to increase the stock of extremely low and very low income rental housing designated for people with developmental disabilities by 35%. Also proposed are criteria that would prioritize City funding of Extremely Low Income and Very Low Income units.
• In response to comments received by stakeholders, the City updated Action #1 in Chapter

13.2 to include a goal to increase the stock of three and four bedroom rental units for large households by 20%.
• In response to input from SV @ Home regarding ongoing stakeholder outreach, the city added an objective to conduct in person outreach once per year in low and moderate resources neighborhoods to educate residents about a variety of topics including upcoming housing opportunities, fair housing resources and more. • In response to comments received from TransForm to reduce parking, the City added an objective under Action 3 to apply reduced parking requirements for transit-rich environments from the Zoning Code update to proposed long range plans such as El Camino Real Specific Plan and Santa Clara Station Area Plan. • In response to comments from Dana Hooper at Life Services Alternatives (a housing provider for persons with developmental disabilities), the City added objectives in Action

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#1 and #4 to proactively market future construction and renovation program opportunities to residential care facility operators.
• Residents of affordable and special needs housing shared at listening sessions that they have been particularly affected by heat waves and wildfire smoke. In response to comments raised by residents at Riverwood Grove Apartments, the City added an action to outreach to potential housing providers who may need capital funding assistance to make HVAC improvements for sensitive populations living without air conditioning. • In response to input on housing development, the City added an objective under Action 9 to update the zoning ordinance to grant the Director of Community Development authority to allow up to two one-year permit extensions administratively. • Consistent feedback was received through all outlets and demographics of respondents highlighting the need to better address homelessness. The City’s newly created Homelessness Task Force comprised of service providers, advocates, and individuals with lived experience of being unhoused have provided recommendations. Some of these programs are already active or continuing, while others will be implemented in 2024 and 2025.
• SV @ Home provided feedback on the need for more displacement prevention. Action 13 Chapter 13.2 includes the City Council’s future consideration of new policies and programs that would require no net loss of income restricted units during construction or rehabilitation of existing housing; replacement of existing affordable housing units at the same or lower affordability levels; landlord and City notification and information for tenants affected by efforts that would cause relocation; require developers to provide relocation benefits beyond State requirements.
• SV @ Home commented that the City should do more to educate tenants and landlords about their rights under new state laws. In response the City added objectives under Action 16 to propose an ordinance that requires landlords to include a City approved informational brochure with each lease signing, to improve the City’s webpage, and to do targeted outreach twice yearly.
• In response to comments from the Housing Action Coalition about site selection, the City significantly revised the Housing Resources chapter.

A summary of community engagement meetings and survey data are included in Appendix A:

Community Outreach.

Public Review Draft and HCD Draft Housing Element
The Draft Housing Element was posted on the City’s website on July 1, 2022. From July 1, 2022 through August 1, 2022, the draft Housing Element was advertised for public review by emails to the City's Housing Element Update email list (944 subscribers as of 8/9/2022), City's Planning Developer Stakeholder list (110 subscribers as of 8/9/2022), Housing non-profit agencies and developers list (282), and emails to the Planning Commission and City Council. An online

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comment form was available for the public to provide feedback on the Draft Element. During this time, 24 public comments were received, as well as formal comment letters from Housing Choices, SV@Home, Partnership for the Bay’s Future, Carpenters Local 425, Anne Paulson, Life Services Alternatives, TransForm, and Housing Action Coalition. A summary of public comments and the formal comment letters are included in Appendix A: Community Outreach.

In response to these comments, the Housing Element was reviewed, and edits were made incorporating public comments including, but not limited to:
• additions and clarifications to the Housing Plan,
• additions and clarifications to the Affirmatively Furthering Fair Housing analysis and clarifications on the Housing Resources calculations
• edits to the Housing Resources parcel inventory
• and other minor edits and clarifications that were less substantive but were provided for readability.

The draft Housing Element was then submitted to HCD on August 22, 2022 for a 90-day review and formal comment. The draft Housing Element remained available on the City’s website for additional public review and comment during the HCD review period. During the HCD review period the jurisdiction conducted additional public outreach and received additional public comment that was again incorporated into the draft Housing Element. And, upon receipt of the formal HCD comment letter the draft Housing Element was edited to address the findings specified in the letter and posted for public comment.

The Housing Element was revised in response to these comments and the public was invited to attend and comment on the Housing Element at hearings held before the Planning Commission and the City Council in January 2023. The revised Draft Housing Element was available on the website and at City Hall prior to each hearing.

On January 31, 2023, the City Council adopted Santa Clara’s 2023-2031 (6th Cycle) Housing Element and submitted to HCD for their 60-day review. The City received a formal findings/comment letter on March 28, 2023 identifying additional revisions needed to comply with State Housing Element law.

The Adopted Housing Element was revised to address HCDs comments and noticed public hearings were held before the Planning Commission and City Council in June 2023. Emails were sent to the City’s Housing Element Update topic subscribers (1,899 as of 5/30/2023) providing updates on the hearing schedule and the availability of draft revisions to the Adopted Housing Element and supporting materials on the website and through the Planning Commission and City Council agendas.

On September 29, 2023 HCD provided preliminary feedback and requested minor revisions to the June 27, 2023 re-adopted Housing Element. The City posted draft revisions on October 5, 2023

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and sent emails to the City’s 2,289 Housing Element Update topic subscribers. The draft revisions were shared with HCD on October 13, 2023 and HCD provided a formal findings/comment letter on October 20, 2023.

From November 2023 through February 2024, the City 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 several preliminary draft revisions to the Housing Element.

On March 1, 2024 the City posted draft revisions to the Housing Element and sent emails to the City’s 2,663 Housing Element Update topic subscribers letting them know the draft revisions were available for review.

General Plan Consistency
All properties and land uses in the City are governed by the City's General Plan. The General Plan describes the long-term goals for the City’s future and guides daily decision-making. The time frame of the General Plan is 2010-2035. The Plan contains the City’s official policies on land use and community design, transportation, housing, environmental resources, and health and safety.

The Housing Element is part of the General Plan but operates on a state mandated schedule. The time frame for the Housing Element is 2023-2031, therefore it has been prepared to maintain internal consistency with the current 2035 General Plan as required by State law. Specifically, the sites inventory reflects the capacity under the land use designations of the 2035 General Plan, as amended. Internal consistency will be evaluated and maintained as part of the City’s annual progress report (APR) pursuant to Government Code section 65400 and as general plan amendments occur.

The 6th-cycle Housing Element provides an opportunity to update the goals, policies, and actions identified in the 5th-cycle Housing Element (2015-2023), and with the increased focus on Affirmatively Furthering Fair Housing (AFFH), which has heavily influenced the document, will provide a framework for how the City evaluates future General Plan amendments and the next comprehensive General Plan update.

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Background and Purpose .......................................................................................................................... 1 Regulatory Framework ............................................................................................................................. 2 Scope and Content of the Housing Element .......................................................................................... 3 Acronyms .................................................................................................................................................... 3 Relationship to Other General Plan Elements ....................................................................................... 5 Public Participation .................................................................................................................................... 5 Public Review Draft Housing Element ................................................................................................... 7 General Plan Consistency ......................................................................................................................... 9

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Chapter 13.2
Housing Plan
The goals, policies, and actions delineated in this chapter serve to support the City’s vision of providing decent housing and a suitable living environment for every resident.

Goals and Policies
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.

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.

Policy A-6: Engage with developers regarding the benefits of hiring local labor, hiring from or contributing to apprenticeship programs, increasing resources for labor compliance, and providing living wages.

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.

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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.

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 to reduce or remove constraints to housing development.

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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 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, inperson, or hybrid community meetings to allow for broader community participation.

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.

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Objectives for each action are either categorized as “Discrete” (objective to be completed during the timeframe of the Housing Element) or “Ongoing” (objective that happens throughout the timeframe of the Housing Element).

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.

Funding Source: Departmental Budget
Responsible Agency: Planning Division and Housing and Community Services Division Discrete Objectives:
a. By December 2023, adopt the comprehensive Zoning Ordinance update with revised provisions to allow a variety of housing types through a by-right approval process without discretionary action using objective standards, including:
• Single-room occupancy units (SROs) (pursuant to HSC 17021.5) • Employee housing (pursuant to HSC 17021.5)
• Emergency shelters (pursuant to GC 65583(a)(4))
• Low barrier navigation centers (pursuant to GC 65660) • Permanent supportive housing (pursuant to GC 65651)
• Residential care facilities (pursuant to GC 65583(c)(3)) b. As a part of the Zoning Ordinance Update, acknowledge group homes (residential care facilities) for 7 or more residents and separately enumerate residential care facility uses with 6 or fewer residents. Residential Care Facilities with 6 or fewer residents will be permitted in all residential zones similar to other residential uses of the same type in the same zone.
c. By January 2025, update Zoning Ordinance requirements related to residential care facilities with 7 or more residents to allow these uses in all residential zones, if necessary, and modify the permitting process to permit these uses with objectivity to facilitate approval certainty similar to other uses of the same type in the same zone.

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d. As a part of the Zoning Ordinance Update, incorporate changes to state Accessory Dwelling Unit (ADU) law and incentivize the creation of ADUs by removing parking requirements and providing more flexible height standards. e. By January 1, 2024, the City of Santa Clara Building Division will:

1. Compile and post on the Building Division page a list of information needed to approve a post entitlement phase permit

2. Post on the Building Division page an example of a complete approved application and an example of a complete set of post entitlement phase permits for at least 5 types of housing development projects: ADU, duplex, multifamily, mixed use, and townhome.
f. By December 2024, review and adopt revisions to the City’s Reasonable Accommodation process to ensure consistency with State and federal fair housing requirements.
g. By 2026, or as funds become available, through the provision of a notice of funding availability (NOFA), prioritize loans for the development of extremely low and very low-income housing alternatives, such as single-room occupancy (SRO) units, senior housing, family housing, housing for persons with disabilities (including developmental disabilities), licensed residential care homes, etc. (This responds to community feedback that 80-120% AMI housing is no longer affordable enough for many residents in Santa Clara).
h. By 2030 increase the stock of:
• Extremely low and very low income rental housing designed for persons with developmental disabilities by 35% from 56 in 2023 to 76. • Extremely low and very low income rental housing for elderly persons by 20% from 736 in 2023 to 884.
• Income restricted three and four bedroom affordable rental housing units to serve large households in Santa Clara by 20% from 107 units in 2023 to 129 units. i. By 2030, increase access to interim housing units, rapid rehousing, and emergency shelter beds by 30% from 453 in 2023 to 589.
j. By the end of 2026, reassess demand for urban farmworker housing (current and retired workers) and gauge the interest and feasibility among developers to utilize the Joe Serna Jr. Farmworker Housing Grant Program when funds become available.

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Ongoing Objectives (on an annual basis, unless otherwise noted):
k. Explore regional and state funding sources to build more housing opportunities for persons with disabilities and for extremely low-income households. l. Report on the production of ADUs through the City’s Annual Progress Report (APR). If the pace of ADU production falls below the level necessary to achieve 392 ADUs during the 2023-2031 planning period (approximately 49 ADUs/year), within six months of acceptance of the APR, present a plan to City Council to remove barriers and/or further incentivize ADU production (e.g., through additional Zoning changes). m. Continue participating in the development and implementation of the Santa Clara County Planning Collaborative ADU Program, which will include a central online resource for making it easier to build ADUs, including an ADU Guidebook, gallery of ADU plans, examples/stories of real ADUs that have been built, and an ADU cost calculator.
n. Increase Housing Choices and Affordability in Areas of Opportunity:

1. In addition to monitoring and reporting on overall production of ADUs, monitor distribution of ADUs into HCD/TCAC Opportunity Areas (i.e. Highest, High, Moderate, Low) and ensure that at least 70% of the City’s annual ADU production goal (70% of 49 ADUs/year = 34 ADUs) occurs within Highest and High Opportunity Areas within the northern and southern parts of the City. If less than 34 ADUs are approved within Highest and High Opportunity Areas in a given year, develop and present to City Council, as part of that year’s APR, options to further promote ADU development within those higher income, higher resourced, and typically lower density areas.

2. Monitor the number of lot splits and units created through implementation of the City’s SB 9 ordinances with a goal of approving four (4) SB 9 units per year in targeted areas within the northern and southern parts of the City. If less than four (4) SB 9 units per year are achieved, conduct targeted outreach to single-family property owners in higher income, higher resource, lower density neighborhoods to promote SB 9 lot splits/units.

3. Religious/Faith-Based Sites:
i. By the end of 2026, create an informational packet and conduct biennial outreach to religious/faith-based institutions in high and highest opportunity areas in Santa Clara to educate them about recent state law changes (e.g., SB 4 (2023)) to facilitate affordable housing development on land owned by religious

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institutions. The City will also connect interested landowners with experienced nonprofit affordable housing developers.
ii. Through activities such as additional outreach and contact with affordable housing developers, supporting funding applications, providing technical assistance, and granting incentives such as finding funding sources to reduce permit fees for applicants and reducing development standards, facilitate at least 50 units proposed on religious/faith-based sites in higher income, higher resourced, and lower density neighborhoods within the northern and southern parts of the City by 2028.

4. Support shared housing for persons with developmental disabilities in higher income, higher resourced, and lower density neighborhoods within the northern and southern parts of the City. See Action 18.

5. Continue to support adaptive reuse of hotels/motels along transit corridors in proximity to services (e.g., El Camino Real) that facilitate affordable unit and supportive housing production.

6. By summer 2024 adopt a General Plan Text Amendment to increase the density limit for Very Low Density Residential parcels from up to 10 du/ac to 14 du/ac. These lower density residential parcels are generally located in higher income and higher resourced parts of the City.

Relevant Policies: Policy A-3, Policy B-1, Policy B-3, Policy C-1, Policy C-2, Policy C-3, Policy C-4, Policy D-1, Policy D-2, Policy D-3, Policy D-4, Policy D-5 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-

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qualified households. This program is an important tool for providing very low, low and moderate income housing opportunities.

Funding Source: Inclusionary Housing
Responsible Agency: Housing and Community Services Division Discrete Objectives:
a. By the beginning of 2026:

1. Update the citywide affordable housing ordinance to comply with the MTC Transit Oriented Communities Policy and recent feasibility studies and area plan approvals for the Patrick Henry Drive Specific Plan and the Freedom Circle Focus Area that support deeper affordability requirements (5% very low income, 5% low income, and 5% moderate income or deeper affordability) for inclusionary rental and ownership projects. Complying with the proposed affordability requirements would entitle developers to use the Density Bonus provisions of state law.

2. Assess the feasibility of updating the ordinance’s definition of “moderate income” units from 120% AMI to 100% AMI to further distinguish the difference between “moderate income” and market rents. This responds to stakeholder feedback that 120% AMI is not affordable for many residents and in some cases exceeds market rents.

3. Conduct community outreach to present and receive feedback on the feasibility study and bring the study and summary of community feedback to City Council, with proposed revisions to the ordinance if necessary.

4. Determine the feasibility and marketability of changes to the BMP program that would keep new BMP homes affordable, or deed restricted, for 20-30 years instead of just five years. Such changes could also make the City’s BMP program compatible with the County’s new Below Market Rate Partnership program which aims to assist low and very low-income first-time homebuyers. This responds to stakeholder feedback that homeownership is desired but increasingly less attainable in Santa Clara.

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Ongoing Objectives (on an annual basis, unless otherwise noted):
b. Monitor and report the effectiveness of the Affordable Housing Ordinance in expanding affordable housing choices through the City’s Annual Progress Report to HCD.
c. Conduct in-person outreach once per year in low and moderate resource areas of the City to educate residents on how to use local and regional housing lottery systems and fair housing resources.

Relevant Policies: Policy B-1, Policy B-2, Policy B-3, Policy C-1, Policy C-2, Policy C-3, Policy C-4, Policy D-1, Policy D-4
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.

Funding Source: CDBG; HOME; General Fund
Responsible Agency: Planning Division and Housing and Community Services Division Discrete Objectives:
a. By June 2023, create and post an SB 35 checklist and written procedures for processing SB 35 applications.
b. Prior to the end of 2025, the City will conduct public outreach and issue a request for proposals to develop mixed income or 100% affordable housing on the vacant former site of the King’s Highway Motel on El Camino Real.
c. Apply reduced parking requirements for transit-rich environments (at least 50% of the area is within ½ mile of any of the following: an existing rail station; a bus stop with peak service frequency of 15 minutes or less; a planned rail station in the most recently adopted fiscally-constrained Regional Transportation Plan) from the Zoning Ordinance Update to proposed long-range plans, including the El Camino Real Specific Plan and the Santa Clara Station Area Plan, which will positively impact housing, transportation and other plan goals.

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d. As a part of the Zoning Ordinance Update, reduce residential parking requirements outside of transit-rich environments by reducing the amount of parking required for studio and one-bedroom apartments in multi-family zones.

Ongoing Objectives (on an annual basis, unless otherwise noted):
e. Encourage and assist in efforts to combine public and private funds in joint housing ventures that maximize affordability.
f. As appropriate, support and/or partner with housing developers in the application for affordable housing funding, such as providing technical data, assistance in identifying available and appropriate sites.
g. To expedite review and processing of 100% affordable housing projects, meet with affordable housing applicants to coordinate regularly on timing of tax credit and other public and/or private funding applications.
h. As appropriate, collaborate with neighboring jurisdictions to pursue funding opportunities for affordable housing programs.
i. Utilize CDBG , HOME or other local funds in conjunction with other cities’ funds to construct or rehabilitate shelters, public service facilities, and to provide housing services at least once during the Housing Element cycle. j. Review best practices once per year with regional working groups to identify appropriate incentives and policies to support affordable housing development in the City including fee deferral, reduction, or waivers.

Relevant Policies: Policy B-1, Policy B-2, Policy B-3, Policy B-4, Policy B-5, Policy C-1, Policy C-2, Policy C-3, Policy C-4, Policy D-1, Policy D-2, Policy D-3, Policy D-4, Policy D-5

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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 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 facilitates the grant administration process.

Funding Source: CDBG, HOME / Special Revenue Funds (in partnership with SVP) Responsible Agency: Housing and Community Services Division Discrete Objectives:
a. By the end of 2024, conduct outreach to single-family home residential care facilities that serve protected classes including persons with disabilities to determine interest in and the feasibility of including these properties in future CDBG/HOME Notices of Funding Availability to address rehabilitation and emergency repairs in these facilities. (This objective responds to feedback from Life Services Alternatives) b. By fall 2025, market future CDBG capital NOFAs to residential care facilities for repair and renovation work to begin in summer 2026. The NOFA shall include extra points for projects that serve persons with disabilities and/or extremely low income households.

Ongoing Objectives (on an annual basis, unless otherwise noted):
c. Assist approximately 200 low, very low, and extremely low-income homeowners with rehabilitation, installation of accessibility improvements, and emergency repair assistance through loans and grants from the Neighborhood Conservation and Improvement Program (NCIP) during the Housing Element planning period. d. Continue to conduct inspections of homes on a request and complaint basis, providing referrals to the NCIP and assistance where possible to correct identified issues and problems in both primary and secondary dwelling units.

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e. Through the CDBG program, to address rising average temperatures, promote NOFA process for installation of HVAC improvements for sensitive populations, including seniors in multifamily housing. (This response to feedback from seniors that live in apartments that do not have air conditioning).

Relevant Policies: Policy A-1
Action 5: Preservation of Assisted Rental Housing & NOAH 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. Four assisted rental projects, with a total of 45 units in Santa Clara are identified to be at potential, albeit very low, risk of conversion to market rate use between June 2028 and October 2031. In addition, the City will monitor the status of naturally occurring affordable housing (NOAH) Funding Source: Departmental Budget
Responsible Agency: Housing and Community Services Division Ongoing Objectives (on an annual basis, unless otherwise noted):

The following objectives support the City’s goal of conserving 93 housing units, including 87 affordable units (44 in higher income, higher resourced, and lower density neighborhoods). a. Continue to assist property owners of income restricted housing to make periodic capital improvements to their property, to improve energy efficiency and to extend affordability.
b. Continue to monitor and analyze inventory of income restricted projects/units that may be at-risk of losing affordability controls and maintain contact every four years with the property owners regarding long-term plans for their projects. c. Maintain contact with public and nonprofit agencies (qualified entities) every two years, such as the Sobrato Family Foundation, BRIDGE Housing, and MidPen Housing that have expressed interest in purchasing, managing, or financing the acquisition of at-risk units.
d. Explore new funding sources that can be used for preservation from the Bay Area Housing Finance Authority (BAHFA) and other state sources by attending at least two related meetings or webinars per year.
e. Work with owners of at-risk income restricted housing to restructure City loans in exchange for extended affordability restrictions when appropriate.

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f. When an at-risk project is identified, work with the property owner to provide tenants with information regarding tenant rights and conversion procedures, including the property owner requirement to provide a minimum 12-month notice of intent if they choose to opt out of low-income use restrictions.
g. By the end of 2024, develop a list of naturally occurring affordable housing (NOAH) locations and meet with at least three property owners to facilitate possible connections between sellers, affordable housing developers, and funding sources. h. In 2025, 2027, and 2029, monitor the risk of conversion of naturally occurring affordable housing (NOAH) by contacting owners of the three highest risk properties to determine their intentions and continue to coordinate with qualified entities regarding the conversion of NOAH to income-restricted affordable housing.

Relevant Policies: Policy A-1, Policy A-2, Policy A-4, Policy B-1, Policy B-4, Policy C-4, Policy D-1, Policy D-2, Policy D-3, Policy D-4, Policy D-5
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.

Funding Source: CDBG; HOME
Responsible Agency: Housing and Community Services Division Discrete Objectives:
a. By the end of 2025, present to the City Council the findings from an analysis of the need/benefit and resources required to implement a Community Opportunity Purchase Act (COPA) program in the City of Santa Clara. A COPA program gives a qualified nonprofit buyer the right to make a first offer on a residential property that is for sale covered by the program.

Ongoing Objectives (on an annual basis, unless otherwise noted):
b. Create a database of naturally occurring affordable housing and annually monitor property sales and/or permit applications to identify conversion trends early.

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c. Explore funding sources available at the regional, state, and federal levels to support affordable housing developers with acquisition/rehabilitation opportunities. d. Work with nonprofit entities to acquire and/or rehabilitate at least one existing multifamily structure to be maintained as or converted into affordable rental housing.

Prioritize assistance for housing that is within one half mile of rail transit stations or that is in a high or highest opportunity area according to TCAC.

Relevant Policies: Policy B-1, Policy C-1, Policy C-2, Policy C-3, Policy D-1 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.

Funding Source: CDBG, General Fund
Responsible Agency: Planning Division, Building Inspection, Police Department Discrete Objectives:
a. By the second half of 2025 establish pilot multi-family residential housing inspection and educational programs that are self-funded through fees with a focus on census block groups with high concentrations of persons with disabilities, disproportionate housing needs, and overcrowding.

Ongoing Objectives (on an annual basis, unless otherwise noted):
b. Proactively and systematically respond to housing code violations. c. Provide special attention to maintaining the stability of residential neighborhoods through development and enforcement of minimum standards of allowed use of the City’s streets, as well as maintenance of front and other yard areas visible from the public right-of-way.
d. Starting in 2025 conduct annual outreach and marketing to residential property owners, landlords, and tenants regarding their rights, responsibilities, and resources available for maintaining the habitability and safety of their properties.

Relevant Policies: Policy A-1, Policy A-2, Policy A-3

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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.

Funding Source: General Fund
Responsible Agency: Housing and Community Services Division Ongoing Objectives (on an annual basis, unless otherwise noted):
a. Starting in late 2024, utilize the newly formed Housing Commission or a community meeting outreach format, to advise on CDBG and HOME grant administration for capital projects and community services, and on the City’s homelessness response efforts. The City will convene at least three public meetings per year.
b. Improve the maintenance of student-occupied homes and behavior of the occupants via owner outreach at the beginning of each school year to minimize impacts on neighborhoods surrounding SCU.
c. Enhance code enforcement with weekly patrols in coordination with special police patrols, as needed, to address problems in the SCU area. d. Continue to hold meetings three times per year with student tenants, landlords, SCU, residents, and the City to allow opportunities for stakeholders to discuss neighborhood issues and concerns.

Relevant Policies: Policy A-1, Policy A-2, Policy A-3, Policy C-4, Policy E-2, Policy E-3

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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 revise its provisions for parking, including reduced parking requirements and unbundled parking for multi-family uses in transit-rich environments (at least 50% of the area is within ½ mile of any of the following: an existing rail station; a bus stop with peak service frequency of 15 minutes or less; a planned rail station in the most recently adopted fiscally-constrained Regional Transportation Plan). The Zoning Ordinance Update will also include provisions for a variety of housing types, including low-barrier navigation centers, residential care facilities, employee housing, and SRO housing. The update is expected to be completed in November 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.

Funding Source: General Fund
Responsible Agency: Planning Division
Discrete Objectives:
a. Complete the comprehensive update to the Zoning Ordinance by December 2023. The Zoning Code will include provisions that:

1. Provide for by-right approval of a variety of housing types (see Action 1)

2. Emergency Shelters (pursuant to GC 65583(a)(4):
a. Allow emergency shelters by right without discretionary action in the R-3, R-4, and R-5 Residential districts, the C-C and C-R Commercial districts, and the MU-VHD Mixed Use district.
b. Allow emergency shelters in the LI Light Industrial and PQP Public/QuasiPublic districts with the issuance of a Minor Use Permit (MUP). MUPs are administratively reviewed by the Director of Planning.
c. Include appropriate development standards, including parking. d. Ensure sufficient capacity near transportation and services:
i. Average parcel sizes in the R3 and R4 districts are 0.25 acres. Approximately 59% (2,436/4,133) of the structures built in the R3 and R4 districts are 40 years or older, indicating that new uses such as emergency shelters are potentially

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viable. A total of 76% of the structures within the R3 and R4 districts are within a half-mile of transit with 15-minute headways, and 98% of R3 and R4 parcels are within a half-mile of mixed-use or commercial parcels. e. Spring 2024, adopt Zoning Ordinance Amendment to:
i. Revise definition of emergency shelter to include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
ii. Revise Emergency Shelters, Development and Operational Standards section to remove separation of uses standard.

3. Further reduce use of Planned Developments (PDs) by including new high-density residential and mixed-use zoning districts that conform to the General Plan and by allowing by-right approvals that meet objective development standards

4. Spring 2024, adopt Zoning Ordinance Amendment with a provision that states, for all sites subject to the reuse provisions of AB 1397 (2017): 1) all nonvacant sites included in the prior Housing Element (5th Cycle), and 2) all vacant sites included in both the 5th and 4th Cycle Housing Elements, the City shall allow use-by-right for housing development pursuant to Government Code 65583.2(i), when 20 percent or more of the units are affordable to lower income households.

5. Allow by-right expansion of single-family homes built with non-conforming side setbacks and/or one-car garages

6. Bring the City into compliance with State Density Bonus Law (SDBL), including recently adopted legislation that goes into effect in 2023.

7. Revamp residential parking requirements, including unbundling and make appropriate reductions in parking requirements according to housing type (i.e., reduced parking requirements for units for people with developmental and other disabilities) and reducing residential parking requirements outside of transit-rich environments by reducing the amount of parking required for studio and onebedroom apartments in multi-family zones.

8. Apply adopted zoning designations (spring 2024) to the City’s Zoning map, consistent with the City’s General Plan, which will add additional housing sites totaling 1,039 units of capacity to the El Camino Real corridor.

9. Include the ability for the Director of Community Development to allow up to two (2) one-year permit extensions administratively.

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10. Remove coverage maximums in the R3 and R4 districts and increase coverage maximums from 45% to 60% in the R2 district.

11. In addition to exempting ADUs/JADUs from providing parking, do not require replacement parking for JADUs that convert a garage space/s for the primary dwelling.

Ongoing Objectives (on an annual basis, unless otherwise noted):
b. Monitor the Zoning Ordinance, including land use controls (e.g., setbacks, height, lot coverage, etc.), for any potential constraints to the development of housing, particularly housing for persons with special needs (including those with developmental disabilities), and amend the Zoning Ordinance to address those constraints.

Relevant Policies: Policy B-2, Policy B-4, Policy B-5, Policy C-2, Policy D-2, Policy D-3, Policy D-4, Policy D-5
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.

Funding Source: Departmental Budget
Responsible Agency: Planning Division
Discrete Objectives:
a. To supplement the City’s housing sites inventory and to prepare for the 7th Housing Element cycle:

1. By the end of 2025, to encourage transit-based development, complete the Santa Clara Station Area Plan.

2. By the end of 2025, to encourage mixed-use development, complete the El Camino Real Specific Plan.

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b. Provide the City Council with a mid-term evaluation of the City’s progress toward the RHNA with the City’s 2027 APR, including progress toward completion in the planning period for pipeline projects and, within six months of the mid-term evaluation, present to City Council revisions to the Housing Element Sites Inventory to include additional sites, as needed, to ensure sufficient capacity to meet the City’s RHNA at all income levels.

Ongoing Objectives (on an annual basis, unless otherwise noted):
c. Monitor the status of approved and proposed projects on the Housing Sites Inventory.

Include a table with 6th Cycle APRs that describes the status of projects listed in Table

13.6-2 Pending and Approved Projects.
d. As a part of monitoring the status of approved projects, when an entitlement is nearing expiration, proactively notify applicants to apply for extension. e. In the event that proposed projects are not approved within two years of HCD certification of the Housing Element, rework the Housing Element Sites Inventory to include additional sites, as needed, to ensure sufficient capacity to meet the City’s RHNA at all income levels.
f. Maintain an inventory of housing sites appropriate for a range of income levels and housing types, including supportive housing for persons with disabilities and developmental disabilities.
g. Provide information and technical assistance on Federal and State funding sources or referrals to appropriate agencies.
h. Monitor and report on the dispersion of affordable units throughout the City. i. Review housing sites inventory at time of development proposal to determine consistency with proposed density and assumed density in the Housing Element. j. Maintain a no net loss of units identified in the sites inventory of this Housing Element.

If the assumed density is not entitled, a finding must be made that the displaced units can be redistributed to other opportunity sites.

Relevant Policies: Policy B-1, Policy B-2, Policy B-3, Policy B-4, Policy C-2, Policy D-1, Policy D-2, Policy D-3, Policy D-4, Policy D-5

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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.

Funding Source: Departmental Budget
Responsible Agency: Planning Division
Discrete Objectives:
a. By the end of 2025 conduct and present the results of an impact fee study to the City Council to assess if impact fees are constraining development or providing a competitive edge for the City. If City fees deviate significantly from those charged by comparable communities for either market rate or affordable developments, take actions by July 2026 to adjust fees as appropriate.
b. By the beginning of 2029 conduct and present the results of an impact fee study to the City Council to assess if impact fees are constraining development or providing a competitive edge for the City. If City fees deviate significantly from those charged by comparable communities for either market rate or affordable developments, take actions by July 2031 to adjust fees as appropriate.

Relevant Policies: Policy B-2, Policy B-3, Policy B-5, Policy C-3, Policy D-1 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.

Funding Source: Departmental Budget Planning
Responsible Agency: Planning Division and Housing and Community Services Division Discrete Objectives:
a. By the end of 2025, staff will organize a City Council study session to explore new sources of funding for the development of extremely low income and very low-income affordable housing including strategies to compete for and leverage federal, state, county and philanthropic funds, financial contributions from large employers, local

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revenue measures and other funding sources. This supports the City’s goal for the production of at least 2,872 extremely low and very low income units within the timeframe of this Housing Element.

Ongoing Objectives (on an annual basis, unless otherwise noted):
b. Annually, staff will evaluate Notices of Funding Availability (NOFAs) from State, federal, and regional programs and evaluate staff capacity to pursue funding applications as appropriate. At a minimum the City will explore applying for the HCD Local Housing Trust Fund (LHTF) program.

Relevant Policies: Policy B-3, Policy C-1, Policy C-3, Policy D-1 Action 13: Residential Displacement
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.

Funding Source: Departmental Budget
Responsible Agency: Planning Division
Discrete Objectives:
a. By the end of 2025 analyze the feasibility of setting a rent deposit limit and present findings from that analysis to the Housing Commission and City Council. b. Within one year of Housing Element adoption, evaluate and provide recommendations to City Council on new programs and policies that prevent displacement and/or facilitate soft landings when relocation is unavoidable. This evaluation will include the following policy areas at a minimum:

1. Requiring no net loss of income-restricted residential units during the construction of new housing or rehabilitation of existing housing.

2. Requiring the replacement of existing affordable units at the same or lower income level as a condition of development.

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3. Requiring landlords to notify tenants and the City at least one year in advance of redevelopment and/or potential conversion to market rate housing. Provide information regarding tenant rights and conversion procedures.

4. Require developers and property owners of existing rental buildings to provide relocation benefits beyond those required by the state when a residential building is redeveloped and when existing tenants are evicted for no cause or no fault.

5. Policies, programs and procedures that help minimize the risk of displacement caused by substandard conditions including through local code enforcement activities.
c. Within two years of Housing Element adoption, adopt programs and policies to address displacement with bi-annual monitoring and reporting of effectiveness.

Ongoing Objectives (on an annual basis, unless otherwise noted):
d. Continue to fund at least one tenant and landlord resources and dispute resolution service contract annually.
e. Continue to fund the regional Homelessness Prevention System (HPS) lead by Destination Home which provides emergency rent and deposit assistance and housing counseling services.
f. Continue to market new below market rate rental (BMR) and ownership (BMP) opportunities broadly, and especially to residents living in lower income areas of the City. The City will host and/or present information in at least two in-person events per year in locations that are convenient to underserved residents.

Relevant Policies: Policy B-1, Policy B-2, Policy B-3, Policy B-4, Policy B-5, Policy C-1, Policy C-3, Policy D-2, Policy D-3, Policy D-4, Policy D-5
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 determinedby 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.

Funding Source: Section 8

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Responsible Agency: Housing Authority of the County of Santa Clara Continue to participate in and promote the Housing Choice Voucher Program.

Ongoing Objectives (on an annual basis, unless otherwise noted):
a. Meet at least once per year with staff from the County, the County’s Housing Authority and other agencies to advocate for additional project and person-based vouchers for seniors and other special needs groups on fixed incomes in Santa Clara through partnerships with the affordable housing developers, Santa Clara County Housing Authority, and the County’s Office of Supportive Housing. This responds to stakeholder feedback that seniors and households on fixed incomes cannot afford rent increases that are based on escalating HCD Income Limits.
b. Annually assist the Housing Authority with the promotion of incentives that encourage landlords to accept Housing Choice Vouchers to ensure that voucher holders can find housing and avoid displacement or homelessness. The City will work with the Housing Authority to coordinate on one social media campaign per year and to host one educational workshop for single family and multifamily landlords to expand locations of participating voucher properties.
c. Develop and include a Fair Housing Factsheet to include in the City’s ADU and SB 9 application packets. These sheets would encourage homeowners to seek out tenants with housing choice vouchers by educating them about the process, addressing common concerns, promoting incentives offered by the Housing Authority, and informing landlords that it is illegal to discriminate against tenants with vouchers. d. Continue to refer households in need to the Housing Authority’s Housing Choice Voucher Application Portal.

Relevant Policies: Policy B-3, Policy C-1, Policy C-3, Policy D-1 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.

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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 lowand 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 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 sets 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.

Funding Source: Inclusionary Housing
Responsible Agency: Housing and Community Services Division and HouseKeys Discrete Objectives:
a. By the end of 2025, present to the City Council proposed changes to the BMP program to keep homes affordable for longer than 5 years by requiring resale to income eligible homeowners in the program. This change could also make Santa Clara’s BMP program compatible with Santa Clara County subsidies that are intended to make homeownership attainable for low and very low-income households. If approved, implement the change by December 2026.

Ongoing Objectives (on an annual basis, unless otherwise noted):
b. Continue to promote homeownership for first time buyers through units that are income restricted and marketed under the City’s inclusionary ordinance. The City will

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share resources in at least two in-person events per year and will coordinate at least one social media campaign per year focused on first time homeownership resources. c. Encourage program participation for all levels of household income that meet eligibility criteria.
d. Continue to promote homebuyer assistance programs through the Housing Trust Silicon Valley, County of Santa Clara, Habitat for Humanity, and the County’s Office of Supportive Housing (Measure A). The City will share resources in at least two inperson events per year and will coordinate at least one social media campaign per year focused on first time homeownership resources.

Relevant Policies: Policy B-3, Policy C-1, Policy D-1
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.

Funding Source: CDBG
Responsible Agency: Housing and Community Services Division Discrete Objectives:
a. By the end of 2025, bring forward a proposal for City Council consideration to write an ordinance that requires landlords to provide a City approved multilingual brochure to all tenants with every lease signing that summarizes landlord and tenant rights under state law. If the ordinance is approved, conduct a series of educational workshops with local landlords and tenants.

Ongoing Objectives (on an annual basis, unless otherwise noted):
b. Continue to refer tenant-landlord complaints to an agency offering meditation, within five (5) business days of receiving the complaint. c. Provide referral services and promotional support to link those experiencing discrimination in housing with public or private groups who handle complaints against discrimination.

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d. Seek state and federal enforcement of fair housing laws and continue to cooperate with local agencies investigating claims of discrimination in lending practices and predatory lending.
e. Work with Project Sentinel and other nonprofit organizations to improve the City’s webpage to include more landlord/tenant rights resources, rights regarding reasonable accommodation, and contact information in a format that is easily translatable using a web browser. Meet with Project Sentinel at least once per year to discuss new resources or collateral to share at City Hall and/or to include on the City’s webpage. f. Partner with nonprofit organizations and hold in-person open house events and meetings at least twice per year to distribute fair housing information, resources about how to apply for affordable housing, distribute multilingual collateral (Spanish, Chinese, and Vietnamese) about landlord tenant rights under state law, rights regarding reasonable accommodation, and other forms of assistance and housing services.
g. Refer disputes between property owners to the County Human Relations Commission’s Dispute Officer within five (5) business days of the City being informed of the dispute.

Relevant Policies: Policy B-3, Policy C-1, Policy C-4, Policy D-1 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

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• Bill Wilson Center
• Abode Services
• Community Technology Alliance
• InnVision
Funding Source: CDBG, HOME, HOME ARP, PHLA
Responsible Agency: Housing and Community Services Division Discrete Objectives:
a. Adopt and begin implementation the City’s Homelessness Response Plan by spring 2024. The Plan identifies the following priority areas:

1. Conduct proactive street outreach with the goal of assessing people for supportive housing

2. Address basic needs of people living outside, including shelter, health, and hygiene

3. Build community understanding of the causes, needs, and experience of homelessness

4. Reduce the impacts of unsheltered homelessness throughout the community

5. Create broad based support for interim and permanent supportive housing as well as Extremely Low Income (ELI) housing development across the City

6. Prevent homelessness for at-risk City residents
Ongoing Objectives (on an annual basis, unless otherwise noted):
b. Continue to provide street outreach through the Police Department’s Community Response Team and additional proactive strategies to ensure that people experiencing homelessness in the City are assessed as part of the Coordinated Entry System and connected to other services.
c. Continue to invest HOME funds into the City’s Tenant Based Rental Assistance (TBRA) program to serve at least 15 clients per year.
d. Continue to invest in the regional Homelessness Prevention System to provide emergency rent assistance, deposit assistance, and case management services for at least 15 households at any given time.
e. Target services to vulnerable populations, including at-risk youth, seniors, and persons with disabilities and unhoused families with children.

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Relevant Policies: Policy B-3, Policy C-3, Policy D-1
Action 18: Shared Housing
Shared housing can be an affordable alternative for 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.

Funding Source: Departmental Budget, CDBG
Responsible Agency: Housing and Community Services Division Discrete Objectives:

The following objectives support the City’s goal of helping nonprofit developers acquire and/or rehabilitate at least eight shared housing units with long term management in higher income, higher resourced, and lower density neighborhoods withing the planning period. a. In 2024, evaluate the need for shared housing services as part of the 2025-2030 HUD Consolidated Planning process.
b. By 2025 explore ways to improve City staff capacity to help seniors and other special needs groups navigate the housing market and to access subsidized housing. (This objective was added in response to feedback from seniors, senior care providers, and Project Sentinel)
c. By 2026 explore ways to increase access to service enhanced senior housing with rents capped at 30 percent of income versus based on median income limits. Present findings to the Senior Commission and City Council. (This objective was added in response to feedback from seniors).
d. By 2028, set aside $2,000,000 from the City’s affordable housing capital fund for low interest loans to help nonprofit developers acquire and/or rehabilitate four (4) or more single family homes for conversion into affordable residential care facilities for persons with developmental disabilities in higher resource, higher income, lower density neighborhoods within the northern and southern parts of the City. Additional points will be awarded in the request for proposals for homes located in moderate, high and highest opportunity census tracts. This relates to Action 1 and could increase housing for persons with developmental disabilities by 35%.

By 2026, explore partnering with a nonprofit organization, such as HIP Housing, that specializes in home sharing services (e.g., interviewing/screening applicants, follow-up

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support), to efficiently connect home seekers with home providers and to ensure the long-term success of the program Ongoing Objectives (on an annual basis, unless otherwise noted):
e. Continue to support the creation of new shared housing for lower income persons with developmental disabilities by including acquisition or rehabilitation as a category in a notice of funding availability for affordable housing prior to 2026 (This objective was revised to reflect community feedback that home sharing can work well for persons with developmental disabilities, but not as well for elderly residents).

Relevant Policies: Policy B-1, Policy C-2, Policy C-3, Policy C-4, Policy D-1, Policy D-2 Action 19: Tasman East Specific Plan Amendment
The Tasman East Specific Plan, adopted in 2018, has approved and proposed projects totaling 4,366 units, nearly the adopted capacity of 4,500 units. With approximately 10 acres of land zoned and still available for residential redevelopment, the City can help to facilitate the development of additional residential units by amending the Specific Plan and creating environmental clearance for those units.

Funding Source: Departmental Budget, SB2 grant
Responsible Agency: Planning Division
Discrete Objectives:
a. By April 2024, adopt a Specific Plan amendment and associated environmental clearance allowing an additional 1,500 dwelling units in the Tasman East plan area. The amendment will include an update to the Tasman East Infrastructure Fee, to ensure that costs are shared equitably between developers.

Relevant Policies: Policy B-1, Policy B-2, Policy B-3, Policy B-4, Policy C-2, Policy D-1, Policy D-2, Policy D-3, Policy D-4, Policy D-5
Action 20: Water and Sewer Affordable Housing Service Provisions Government Code, § 65589.7 requires Cities to have specific procedures to grant priority for water and sewer service to developments with units affordable to lower-income households.

Funding Source: Departmental Budget
Responsible Agency: Water and Sewer Department
Discrete Objectives:

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a. Within six months of certification of the Housing Element, adopt procedures to grant priority for water and sewer service to developments with units affordable to lowerincome households, per Government Code, § 65589.

Relevant Policies: Policy D-2, Policy D-3
Action 21: Place-Based Programs
Place-based strategies improve housing choice by bringing new amenities and opportunities to underserved neighborhoods. Place-based strategies can include proactive outreach and education in underserved neighborhoods, improved access to services and programs, and new capital projects.

In addition to enhancing housing mobility strategies and encouraging development of new affordable housing in high resource areas, the City of Santa Clara is committed to implementing actions to improve upon existing place-based strategies to encourage community conservation and revitalization in areas of lower opportunity. These place-based strategies include investments in infrastructure improvements, transportation, parks, library facilities, and other community amenities targeted to areas with lower resources, lower incomes, and higher concentrations of poverty.

Funding Source: State Library Fund, State Transit and Intercity Rail Program, City funds, CDBG funds
Responsible Agencies: Library, Public Works, Parks & Recreation, Community Development

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Discrete Objectives:
a. By the end of November 2023, the City’s Library will apply for a grant from the California State Library to fund two pop-up events at Montague Park in north Santa Clara. These events will be marketed to the surrounding neighborhood which includes a concentration of lower income rental housing and a high rate of foreign-born households. If funded, the pop-ups will bring the City’s bookmobile, resource partners, activities such as live performances, as well as information and workshops offered by Mission College, Second Harvest of Silicon Valley and various nonprofit service providers. The event is intended to invite residents from this isolated and under resourced neighborhood to the Northside Library and Montague Park. Each pop-up event will likely attract 200 people. Weekly bookmobile stops are estimated to serve 40- 50 patrons per visit. If the grant is funded, the project will begin by Spring 2024 with regularly scheduled bookmobile stops in early 2024 to this neighborhood. b. By January 2027, the City’s Department of Public Works is planning to complete construction of approximately 36 curb ramps, 12 curb bulb-outs, 2 new traffic signals, 2 new Pedestrian Hybrid Beacons, 2 new Rectangular Rapid Flashing Beacons, upgrade 2 existing traffic signals, install 10 streetlights, and install over 5,000 ft of Class II & III bike facilities at various locations along Cabrillo Ave, Lafayette St, Monroe St, Royal Dr, Scott Blvd, and Warburton Ave in Central Santa Clara to enhance safety and mobility.

This area overlaps with an MTC Equity Priority Community and is considered a Low Opportunity Area by TCAC.
c. In 2024, market the Phase 1 (southern part of Santa Clara only) of the City’s affordable on-demand rideshare service (also known as SV Hopper) as a viable transportation option for lower income residents to connect to nearby employment, retail services, and transit connections to Caltrain and the future BART Station. In mid-2026, during the planned Phase II of the SV Hopper program citywide, expand marketing of the Silicon Valley Hopper program citywide in Central and North Santa Clara. Phase II will provide service to other major employment centers in the northern part of Santa Clara as well as VTA Light Rail.
d. By fall 2027, the City’s Parks and Recreation Department will complete community wide and targeted outreach as part of the City’s Parks and Recreation Master Plan process. Community wide outreach will reach approximately 500 total residents.

Targeted outreach to approximately 100 residents will focus on reaching specific communities, including but not limited to youth and Spanish speaking households, that are not well-represented in public decision-making. This plan will identify opportunities to expand access to quality parks, recreation facilities, programs, and services in low income and under resourced neighborhoods.

SANTA CLARA

HOUSING ELEMENT

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City Council and Authorities ConcurrentMay 7, 2024

City Council and Authorities Concurrent
May 7, 2024