Agenda packet — City Council and Authorities Concurrent, November 12, 2024 (part 12 of 13)

discussions with several real estate agents in the region, I have unanimously found all to agree that the real estate values of residences in close proximity to power lines goes down. Its hard to find potential buyers and most folks refrain from buying a house too close to high power transmission lines. There are 1000 plus residences in the area affected by this project. Even if we were to make very rough assumptions, and assume minimal cost reduction in property values and take an average loss of $100,000 per property in the current year, that goes to $100,000,000 of loss of equity to the public. This is not even accounting the businesses affected by this project. This long explanation was to raise a point that if the selection of route A was saving money to the city, this is costing a huge financial loss to the public, which is not acceptable. This decrease in property values will also directly impact the tax collection by the Santa Clara Assessor and result in lower tax revenue coming into the city of Santa Clara.

Reference #5 : Page 49 of report- Figure 5.1-2. Wall separating residences and Lafayette Street.

Personal observation#5: The picture is taken conveniently from the other side of the railway line which is actually Kingsbury street, inside a private community and not Lafayette street. This is further away from the proposed SVP lines. This is very misleading; see snapshots taken from Google maps below H-408
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And this is what is included on the report:

The Mission Garden Townhome community has no walls as such and the main entry to residences face the road directly and are the most impacted. There are several other single family homes on Lafayette street with the same impact, having an entryway directly on the street. This and including other citations of reusing sections of older reports, is all in all absolutely unacceptable and instills distrust. This further shows incompetency of the agency/ agencies preparing this report.

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Conclusion: This project's initial study needs to expand beyond CEQA for approval from the public. The limited scope of CEQA has failed to address the following concerns we have:
• Health hazards due to EMF levels.- This is by far the gravest concern and CEQA is clearly not qualified to study that.
• Reduced property values- several references provided below. • Loss of Aesthetic appeal for potential real estate buyers/ new and current businesses. • Increase in audible noise levels during and post construction, which is already high in the area with presence of railway line and air traffic route. • Increased fire hazard/ risk of other accidents.
• Induced current on railway lines with close proximity/ corona effect- CEQA report did not clearly address this for a 115KV line.
• Economic effect on the community from small to larger scale based on all of the above.

We demand further investigation and revisit other routes or proposals to resolve the power needs of the city. We have to ensure our and our kids’ health is not at stake in the name of development and infrastructure and are not in agreement for this project to move forward. We cannot approve this to move forward as of now given the lack of study and absence of a satisfactory solution/ mitigation provided in favor/ assurance to public health.

Additional References:

Research on effects of EMF on humans:

1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6025786/ This research reinforces the concerns of EMF exposure effect on human health.

2. https://www.epa.gov/radtown/electric-and-magnetic-fields-power-lines This resource suggests taking precautions and keeping distance or limiting exposure. Residents would no longer have either of these two options per the current proposals if they are living there 24-7.

3. https://www.fastexpert.com/blog/should-i-buy-a-house-near-power-lines/ These are points of view from a real estate expert who clearly states that property value declines proportionately to the distance of the property from high tension lines. People have apprehensions whether or not research clearly defines the risk. Potential buyers might have low priority for a property too close to a high tension power line.

4. https://orchard.com/blog/posts/power-lines-and-property-value Another research on real estate values lowered due to high tension power lines proximity.

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Email: NRS-KRS 115 kV T-Line
From: Ruchika Sarna <[email protected]>
Sent: Wednesday, August 28, 2024 12:32 AM
To: NRS-KRS Project <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>; [email protected] <[email protected]>
Subject: Concerns Regarding Upcoming High Power Electric Wire Poles in Our Community for the upcoming SVP project connecting the Northern Receiving Station NRS to Kifer receiving station (KRS)- NRS-KRS 115kV Transmission Line Project
To Whomsoever it may concern,
We are residents of Santa Clara that will be negatively impacted by the “NRS-KRS 115kV Transmission Line Project”. We have collectively reviewed the draft Initial Study/ Mitigated Negative declaration for “NRS-KRS 115kV Transmission Line Project” from July 2024. After reviewing this report and also attending the virtual and in person meetings, here are some references to emphasize our various concerns.

Reference #1 : CEQA’s reporting includes these State reviewing agencies: California Air Resources Board (ARB), California Department of Fish and Wildlife, Bay Delta Region 3 (CDFW), California Department of Forestry and Fire Protection (CAL FIRE), California Department of Parks and Recreation, California Department of Toxic Substances Control (DTSC), California Department of Transportation, District 4 (DOT), California Department of Transportation, Division of Aeronautics (DOT), California Department of Transportation, Division of Transportation Planning (DOT), California Department of Water Resources (DWR), California Energy Commission, California Highway Patrol (CHP), California Native American Heritage Commission (NAHC), California Natural Resources Agency, California Public Utilities Commission (CPUC), California Regional Water Quality Control Board, San Francisco Bay Region 2 (RWQCB), Office of Historic Preservation, State Water Resources Control Board, Division of Drinking Water.

Personal observation#1 : None of these agencies has any association with human health. CEQA reporting is not qualified enough to force the public to compromise on health concerns. Other agencies need to be involved to review this proposal, that are qualified to study the effect on “ humans”, not just wildlife and vegetation, or “ environment. The checklist is completely devoid of our gravest humanitarian concerns. It is quite shocking that the project has not included any study to understand the potential impact of EMF waves on human lives, given that the transmission lines are potentially less than 60 feet from the closest dwellings. The city of Santa Clara needs to step in and have third party/ independent studies completed in favor of human health.

Reference #2: Page 41 of report- Section 4.15. Electric and Magnetic Fields summary.

Personal observation#2 : This consideration was completely absent earlier. Only after the residents raised their voices, this section was added. To our greatest disappointment, this section is copied over from an older report on the “South Loop Reconfiguration Project” from 2020. One would have expected that a new study would have been conducted for a project this size. The lack of due diligence and ignorance towards the specifics of this project are apparent and not acceptable. In fact we have found several sections of this older report as being reused across the entire report.

The EMP map shared during the in person meeting had several flaws and we would like to question the viability of the study that was completed. What time of the day was the study completed and on what H-411
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models were the values based on since these were done on assumption for the EMF values that would be there once the project is complete. Since we have seen the several sections of the report redundantly copied over from other reports, we would like a more detailed analysis of this report.

Regarding EMF concerns for human health, there are plenty of scientific studies that do indicate the grave concern on human health with EMF exposures and we cannot ignore this aspect. Here is a reference to an article and there are plenty of articles listed here under references:
https://psc.wi.gov/Documents/Brochures/EMF.pdf
There are not enough references listed in the draft report provided to us, and the explanation provided seems to be conveniently using studies that prove otherwise. This needs more investigation and references. The solution provided as raising the height of the poles and increasing the distance is nonexistent. It was confirmed during the in person meeting that the design will not be altered and the height was already designed as required according to the SVP team present there. It seems that the preparers of this report did not even read the report after copying pasting from the old report as evident in the list of proposed solutions is not applicable here.

The live presentation on August 22nd showed the comparison of EMF values of household objects as a means to show that everyday household items carry a similar range of mG( milli Gauss) units. This comparison was inherently flawed since it mentioned that the household devices were producing those level at 1 feet while those indicated for 115KVf lines were at 60 feet. further these household devices do not operate 24X7 similar to the transmission lines.

There were a lot of citations of reports showcasing that no clear proof of EMF to human health exists but we would like to also point out certain states like Connecticut Department of Public Health have cited reports that have shown an increased incidence of childhood leukemia( Blood cancer) at avg exposure of only 3 mG. Also they have called out that some utility workers exposed to high levels of emf have increase risks of Lur Gehrig's disease.

They also call out that most impacts of EMF from high voltage lines dissipate at ~300 feet.

These are available on Page 2 & Page 3 of this report: https://portal.ct.gov/-/media/departmentsand-agencies/dph/dph/environmental_health/eoha/pdf/emffactsheet2008pdf.pdf This report has citations from WHO , National Institute of Environmental Health Sciences and California Department of Health Services.
https://www.niehs.nih.gov/sites/default/files/health/materials/electric_and_magnetic_fields_associ ated_with_the_use_of_electric_power_questions_and_answers_english_508.pdf Reference #3

Page 174 ends

Personal observation#3
The railway line's proximity to the proposed high transmission lines is very concerning. The centerline distance from proposed lines to railway line is aproximately 50 feet per google maps with some margin for error. As per the report there are no Corona rings proposed for the 115KV lines. There seems to be negligence in design in consideration of the hazards posed by these high voltage lines as Corona effect can transfer current to railway lines. All the residents are at a high risk of accidental hazards given the proximity of the railway line, this project is adding on to the hazards. This section is only stating information about what Corona effect is, as may be required by law, which by the way is again a copy paste from an old report. The only concern discussed in more depth is the audible noise level. The H-412
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concerns are presented to imply that this is not significant by stating that 115KV lines pose less than significant risk.

Reference #4: Post meeting material from March 19th 2024 @https://santaclara.legistar.com/LegislationDetail.aspx?ID=6582415&GUID=E6E14646-3CF7-4D15- BB98-F18580696012&Options=&Search=
Personal observation#4: At surface level, it looks like Option #A was selected only based on Cost perspective, without any consideration to human health, young children, property values, Corona effect, long term sustainability perspective or any other factors. While its important to understand the results of CEQA study, its extremely critical to understand the negative impact of EMF on the many young children living around the proposed transmission lines. Without extensive research and study on the impact to young children and adult heath, we should not be approving such an incomplete proposal.

Page 6 ends

Reference #5 : Page 49 of report- Figure 5.1-2. Wall separating residences and Lafayette Street.

Personal observation#5: The picture is taken conveniently from the other side of the railway line which is actually Kingsbury street, inside a private community and not Lafayette street. This is further away from the proposed SVP lines. This is very misleading; see snapshots taken from Google maps below H-413
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And this is what is included on the report:

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Conclusion: This project's initial study needs to expand beyond CEQA for approval from the public. The limited scope of CEQA has failed to address the following concerns we have:
• Health hazards due to EMF levels.- This is by far the gravest concern and CEQA is clearly not qualified to study that.
• Reduced property values- several references provided below. • Loss of Aesthetic appeal for potential real estate buyers/ new and current businesses. • Increase in audible noise levels during and post construction, which is already high in the area with presence of railway line and air traffic route. • Increased fire hazard/ risk of other accidents.
• Induced current on railway lines with close proximity/ corona effect- CEQA report did not clearly address this for a 115KV line.
• Economic effect on the community from small to larger scale based on all of the above.

Additional References:

Research on effects of EMF on humans:

1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6025786/ This research reinforces the concerns of EMF exposure effect on human health.

4. https://orchard.com/blog/posts/power-lines-and-property-value Another research on real estate values lowered due to high tension power lines proximity.

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Email: NRS-KRS 115 kV T-Line
From: Yuri Kleban π <[email protected]>
Sent: Tuesday, August 27, 2024 8:20 PM
To: NRS-KRS Project; [email protected]; [email protected]; [email protected]; [email protected]; Allie Jackman Subject: Concerns Regarding Upcoming High Power Electric Wire Poles in Our Community for the upcoming SVP project connecting the Northern Receiving Station NRS to Kifer receiving station (KRS)- NRS-KRS 115kV Transmission Line Project
To Whomsoever it may concern,
We are residents of Santa Clara that will be negatively impacted by the “NRS-KRS 115kV Transmission Line Project”. We have collectively reviewed the draft Initial Study/ Mitigated Negative declaration for “NRS-KRS 115kV Transmission Line Project” from July 2024. After reviewing this report and also attending the virtual and in person meetings, here are some references to emphasize our various concerns.

Reference #2: Page 41 of report- Section 4.15. Electric and Magnetic Fields summary.

The EMP map shared during the in person meeting had several flaws and we would like to question the viability of the study that was completed. What time of the day was the study completed and on what models were the values based on since these were done on assumption for the EMF values that would be there once the project is complete. Since we have seen the several sections of the report redundantly copied over from other reports, we would like a more detailed analysis of this report.

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Regarding EMF concerns for human health, there are plenty of scientific studies that do indicate the grave concern on human health with EMF exposures and we cannot ignore this aspect. Here is a reference to an article and there are plenty of articles listed here under references:
https://psc.wi.gov/Documents/Brochures/EMF.pdf
There are not enough references listed in the draft report provided to us, and the explanation provided seems to be conveniently using studies that prove otherwise. This needs more investigation and references. The solution provided as raising the height of the poles and increasing the distance is nonexistent. It was confirmed during the in person meeting that the design will not be altered and the height was already designed as required according to the SVP team present there. It seems that the preparers of this report did not even read the report after copying pasting from the old report as evident in the list of proposed solutions is not applicable here.

They also call out that most impacts of EMF from high voltage lines dissipate at ~300 feet.

Page 174 ends

Personal observation#3
The railway line's proximity to the proposed high transmission lines is very concerning. The centerline distance from proposed lines to railway line is aproximately 50 feet per google maps with some margin for error. As per the report there are no Corona rings proposed for the 115KV lines. There seems to be negligence in design in consideration of the hazards posed by these high voltage lines as Corona effect can transfer current to railway lines. All the residents are at a high risk of accidental hazards given the proximity of the railway line, this project is adding on to the hazards. This section is only stating information about what Corona effect is, as may be required by law, which by the way is again a copy paste from an old report. The only concern discussed in more depth is the audible noise level. The concerns are presented to imply that this is not significant by stating that 115KV lines pose less than significant risk.

H-417
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Reference #4: Post meeting material from March 19th 2024 @https://santaclara.legistar.com/LegislationDetail.aspx?ID=6582415&GUID=E6E14646-3CF7-4D15- BB98-F18580696012&Options=&Search=
Personal observation#4: At surface level, it looks like Option #A was selected only based on Cost perspective, without any consideration to human health, young children, property values, Corona effect, long term sustainability perspective or any other factors. While its important to understand the results of CEQA study, its extremely critical to understand the negative impact of EMF on the many young children living around the proposed transmission lines. Without extensive research and study on the impact to young children and adult heath, we should not be approving such an incomplete proposal.

Page 6 ends

Reference #5 : Page 49 of report- Figure 5.1-2. Wall separating residences and Lafayette Street.

Personal observation#5: The picture is taken conveniently from the other side of the railway line which is actually Kingsbury street, inside a private community and not Lafayette street. This is further away from the proposed SVP lines. This is very misleading; see snapshots taken from Google maps below H-418
NRS-KRS 115KV TRANSMISSION LINE PROJECT
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And this is what is included on the report:

The Mission Garden Townhome community has no walls as such and the main entry to residences face the road directly and are the most impacted. There are several other single family homes on Lafayette street with the same impact, having an entryway directly on the street. This and including other citations H-419
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of reusing sections of older reports, is all in all absolutely unacceptable and instills distrust. This further shows incompetency of the agency/ agencies preparing this report.

Conclusion: This project's initial study needs to expand beyond CEQA for approval from the public. The limited scope of CEQA has failed to address the following concerns we have:
• Health hazards due to EMF levels.- This is by far the gravest concern and CEQA is clearly not qualified to study that.
• Reduced property values- several references provided below. • Loss of Aesthetic appeal for potential real estate buyers/ new and current businesses. • Increase in audible noise levels during and post construction, which is already high in the area with presence of railway line and air traffic route. • Increased fire hazard/ risk of other accidents.
• Induced current on railway lines with close proximity/ corona effect- CEQA report did not clearly address this for a 115KV line.
• Economic effect on the community from small to larger scale based on all of the above.

Additional References:

Research on effects of EMF on humans:

1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6025786/ This research reinforces the concerns of EMF exposure effect on human health.

4. https://orchard.com/blog/posts/power-lines-and-property-value H-420
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Another research on real estate values lowered due to high tension power lines proximity. ---
Yuri Kleban | Global Partnerships Tools - Global Product Lead Manager | Google | I am part of the g2g coaching program in Google. Sign up at go/coachyuri This email may be confidential or privileged. If you received this communication by mistake, please don't forward it to anyone else, please erase all copies and attachments, and please let me know that it went to the wrong person.

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Email: NRS-KRS 115 kV T-Line
From: *Sir*Yuri <[email protected]>
Sent: Tuesday, August 27, 2024 8:22 PM
To: NRS-KRS Project; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: Concerns Regarding Upcoming High Power Electric Wire Poles in Our Community - NRS-KRS 115kV Transmission Line Project
Hi there,
As residents of Santa Clara, we are deeply concerned about the potential negative impacts of the "NRSKRS 115kV Transmission Line Project." After thoroughly reviewing the draft Initial Study/Mitigated Negative Declaration (July 2024) and participating in related meetings, we have identified several critical issues that require attention.

Health Concerns: The California Environmental Quality Act (CEQA) review lacks focus on human health impacts, particularly concerning electromagnetic fields (EMF). Despite proximity to residences (less than 60 feet), there has been no comprehensive study on the potential health effects of EMF exposure. We urge the City of Santa Clara to commission independent studies that prioritize public health.

Inadequate Reporting: The inclusion of an Electric and Magnetic Fields (EMF) section in the report seems to have been an afterthought, prompted by resident concerns. This section largely replicates content from a 2020 report, lacking specific analysis relevant to this project. Additionally, the EMF study presented is flawed and does not provide a realistic assessment of potential risks.

Corona Effect and Railway Line Proximity: The report neglects the risks associated with the Corona effect and its potential impact on nearby railway lines. With the proposed transmission lines only 50 feet from the railway, this oversight poses a significant safety hazard.

Economic and Property Value Implications: The selection of Route A appears driven by cost-saving measures, with little regard for the potential $100 million loss in property value for residents in the affected area. This decision could also reduce tax revenues for the city.

Misleading Information: Certain report sections, such as the representation of residential impact, are misleading. The report’s reliance on outdated data further erodes trust in its findings.

In conclusion, the scope of the CEQA review is insufficient to address our concerns. We demand further investigation, particularly into the health and economic impacts, before this project proceeds. The wellbeing of our community should not be compromised in the name of development. -Y & A, residents
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Email: NRS-KRS 115 kV T-Line
From: derek fong <[email protected]>
Sent: Tuesday, August 27, 2024 4:28 PM
To: NRS-KRS Project
Subject: feedback on slides from feedback meeting
hi Allie,
i wasn't able to attend the meeting, but i did review the slides (without Appendix G being available) and quite frankly, i don't find the analysis and comparison of household appliances vs the expected load of the segments very convincing as rational to construct the project as proposed. in fact, i find the analysis/arguments misleading for several reasons:
• some residents are roughly ~60 ft from the centerline of the Lafayette stretch • the normal and peak loads greatly exceed the median value of many of the household appliances listed (who uses Electric can openers anyway?) • and most importantly, most of those appliances listed are not emitted EMF constantly to the homeowner. they only emit when operated (in short bursts) which is nothing like the 24/7 operated e transmission lines.
i hope, even if costly, Silicon Valley Power will reconsider the more costly and inconvenient option of undergrounding the line. white there are no regulations or agreement on "safe" EMF levels, as a scientist, i well know there is enough evidence in the peer reviewed literature which suggests any added EMF fields are harmful and increase the risk of cancer. as a SVP customer, i would gladly have slightly higher electricity rates than have the added risk of the calculated EMF fields which to me are significant and should be avoided. thanks for taking time time to hear my concerns. i hope the powers that be will take the concerns and voices of nearby residences seriously. don't hesitate to contact me if you have any questions about what i've written above.

Sincerely,
Derek Fong
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Email: NRS-KRS 115 kV T-Line
From: jeff.holmbeck <[email protected]>
Sent: Saturday, August 24, 2024 3:11 AM
To: NRS-KRS Project; Silicon Valley Power
Cc: Allie Jackman
Subject: Re: Join Us for a Community Meeting to Discuss SVP's New Transmission Line Project Thank you Grace and I appreciate the response.

Regards,
Jeff
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: NRS-KRS Project <[email protected]>
Date: 8/23/24 8:05 PM (GMT+01:00)
To: "jeff.holmbeck" <[email protected]>, Silicon Valley Power <[email protected]> Cc: Allie Jackman <[email protected]>
Subject: Re: Join Us for a Community Meeting to Discuss SVP's New Transmission Line Project Hi Jeff,
Thanks for reaching out and expressing your preference on the Project. On Monday, we will upload the Public Engagement Meeting PowerPoint and FAQ to the SVP website (link below).

Projects | Silicon Valley Power
I am looking into the cost and will get back to you.

Thanks, and have a great weekend!
Grace
From: jeff.holmbeck <[email protected]>
Sent: Monday, August 12, 2024 8:39 PM
To: Silicon Valley Power <[email protected]>
Cc: NRS-KRS Project <[email protected]>
Subject: RE: Join Us for a Community Meeting to Discuss SVP's New Transmission Line Project I can't attend the meeting, bur would like to know how much Santa Clara taxpayer $'s was spent on the environmental study?
My vote would be to put it underground.

Jeff
Sent from my Verizon, Samsung Galaxy smartphone
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-------- Original message --------
From: Silicon Valley Power <[email protected]>
Date: 8/12/24 5:42 PM (GMT+01:00)
To: [email protected]
Subject: Join Us for a Community Meeting to Discuss SVP's New Transmission Line Project View as a webpage / Share
Join Us for a Community Meeting to Discuss SVP's New Transmission Line Project Silicon Valley Power (SVP) is proposing to construct 2.24 miles of new 115 kV transmission line connecting the Northern Receiving Station (NRS) and Kifer Receiving Station (KRS).

This project aims to balance and redistribute energy and support load growth.

An Initial Study was completed by Aspen Environmental Group on behalf of SVP, in accordance with the California Environmental Quality Act (CEQA), and is available for review in the Planning Division office in City Hall at 1500 Warburton Avenue, the Northside Branch Library at 695 Moreland Way, and online at: SiliconValleyPower.com/115kv. Based on the Initial Study, since the project involves constructing a new 2.24-mile-long overhead H-425
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and/or underground 115 kV transmission line between the Northern Receiving Station (NRS) and Kifer Receiving Station (KRS) to enhance SVP’s system capacity and reliability, the project is not expected to have a significant environmental impact. This is due to the incorporation of mitigation measures through conditions of approval, which will reduce potential impacts to a less-than-significant level.

To help the affected community understand the Initial Study and to explain how the public can participate in SVP’s decision-making process, SVP will hold an in-person community meeting.

Meeting Details
Date: Thursday, August 22, 2024
Time: 5:00 pm - 6:30 pm
Location: Northside Community Room, 695 Moreland Way, Santa Clara, CA 95054 Public Engagement
A Draft Initial Study/Mitigated Negative Declaration (IS/MND) was published on July 31, 2024. The 30-day public review period ends at 5:00 PM on August 30, 2024. We encourage residents to attend the community meeting in person. However, comments can also be submitted via US Mail or email to Allie Jackman (contact info below) by the deadline.

Contact Information
Allie Jackman, Silicon Valley Power
c/o Aspen Environmental Group
235 Montgomery Street, Suite 967
San Francisco, CA 94104-3002
Email: [email protected]
Project website: SiliconValleyPower.com/115kv
We look forward to your participation.

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Resolution/ 115kV Line Northern Receiving Station and Kifer Receiving Station – MND & MMRP Page 1 of 3 Rev. 7/31/24
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA CLARA, CALIFORNIA TO ADOPT THE MITIGATED

NEGATIVE DECLARATION AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE 115kV

TRANSMISSION LINE PROJECT BETWEEN NORTHERN

RECEIVING STATION AND KIFER RECEIVING STATION
WHEREAS, the City of Santa Clara ("City") proposes the construction of an overhead 115 kilo-volt (kV) transmission line between Northern Receiving Station (NRS) and Kifer Receiving station (KRS) ("Project") on a path as more fully described in the mitigated negative declaration referenced below;
WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Project, as defined in the California Environmental Quality Act and the State of California Guidelines for the Implementation of the California Environmental Quality Act (collectively, "CEQA");
WHEREAS, pursuant to CEQA, specifically section 15070 of Title 14 of the California Code of Regulations, the City prepared an initial study which identified potentially significant effects on the environment which will be avoided or mitigated through the implementation of the Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”);
WHEREAS, the City prepared the MND and MMRP and circulated these documents for a 30-day public review period between July 31,2024 and August 30, 2024, in compliance with the requirements of CEQA;
WHEREAS, during the public review period, the City received comments from the San Jose International Airport, Caltrans, San Francisco Public Utilities Commission, and the California Department of Fish and Wildlife;
WHEREAS, the City prepared a “Responses to Comments” document is included in Section 7 of the MND and addresses all comments raised; Resolution/ 115kV Line Northern Receiving Station and Kifer Receiving Station – MND & MMRP Page 2 of 3 Rev. 7/31/24
WHEREAS, the City conducted its own independent analysis of the MND and MMRP prior to releasing it for public review and determined that the MND and MMRP were appropriate as there is substantial evidence the Project would not result in any significant environmental impacts;
WHEREAS, the Santa Clara City Council has reviewed and considered the MND, MMRP, the comments received to date and the responses prepared, and the City Council, in reviewing the Project as proposed, intends to take actions on the Project in compliance with CEQA; and
WHEREAS, the MND and the MMRP have been attached to the staff report for this environmental approval and the approval of the Project and, by this reference, are incorporated into this Resolution as if fully set forth herein.

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

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

2. That based on the whole record before it, the City Council hereby finds that all potentially significant environmental impacts that may directly or indirectly result from the Project would be reduced to a less than significant level by the mitigation measures specified in the MND and MMRP and that there is no substantial evidence that the project will have a significant effect on the environment.

3. That the City Council hereby finds that the MND and MMRP is complete, prepared in compliance with CEQA, and represents the independent judgment of the City Council.

4. That the City Council further finds that the MND and MMRP are adequate to serve as the required CEQA environmental documentation for the Project, and hereby adopts the MND and MMRP for the Project.

Resolution/ 115kV Line Northern Receiving Station and Kifer Receiving Station – MND & MMRP Page 3 of 3 Rev. 7/31/24

5. That the City Council hereby designates the Chief Electric Utility Officer of the City of Santa Clara, Silicon Valley Power as the Custodian of Records for the Project, and the Planning Division at City Hall, 881 Martin Avenue, Santa Clara, California, is the location of the documents and other material that constitute the record of proceedings upon which this decision is based.

6. The City Council directs the City Manager or designee to file a notice of determination with the County of Santa Clara and State Clearinghouse.

7. Effective Date. This Resolution shall become effective immediately.

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

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE _____________ DAY OF _____________, 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. Mitigated Negative Declaration

2. Mitigation Monitoring and Reporting Program
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-921 Agenda Date: 11/12/2024

REPORT TO COUNCIL

SUBJECT
Public Hearing: Actions on a Rezone from PD - Planned Development to HI - Heavy Industrial and Variance for the Property Located at 2201 Lafayette Street to Allow Reestablishment of Industrial Uses for a Product Engineering Development and Manufacturing Business

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
On August 22, 2023, John Ha with Innovative Design Architecture (“Applicant”), on behalf of Cindy Cheng with Vista Grande Investment, LLC (“Owner”), filed an application to change the use of the subject site located at 2201 Lafayette Street. The proposal includes minor interior changes and site improvements to use the existing onsite building for a heavy industrial use of product engineering development and manufacturing for the business operating as Applied Innovation Group, Inc.

The project site has been vacant since April 2013 and was previously occupied by a business, “Union Stone” (a construction materials retail showroom and warehouse). In 2005, the City Council approved a request (File No. PLN2005-05047) to rezone the parcel (APN: 224-04-082) from Heavy Industrial (MH) to Planned Development (PD) and a Tentative Parcel Map to subdivide the property into three parcels: Parcel One (700 Mathew Street, APN: 224-03-086), Parcel Two (2201 Lafayette Street, APN: 224-03-087) and Parcel Three (Parking lot along Mathew Street, APN: 224-03-000). Refer to the approved site plan from 2005 (Attachment 5).

The rezoning was approved with specific conditions of approval restricting the use of Parcel Two to construction materials retail showroom/warehouse only. A Parking Agreement was also executed between Parcel One and Parcel Two, where 10 parking spaces on Parcel Three would be available for use by Parcel Two.

On July 18, 2023, the City Council approved a request (PLN23-00054) to rezone the property at 700 Mathew Street (Parcels One and Three) from PD to MH for the use of existing buildings on site for metal fabrication/spinning for the business operating as Quality Metal Spinning. The Planning Commission had also approved a Variance on June 14, 2023, for 26 parking spaces, where 32 parking spaces were required, which became effective upon approval of the rezoning.

The current application includes only Parcel Two (2201 Lafayette Street) and is a similar request that was for 700 Mathew Street. Given the specific uses allowed in the existing PD zoning, the proposal to use this site for heavy industrial use (Applied Innovation Group, Inc) would require a Rezone from Planned Development to Heavy Industrial (HI). This project also includes a Variance (Section 18.124 Zoning Code 2024) from the required parking.

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24-921 Agenda Date: 11/12/2024
Rezoning applications require approval by the Council after the Planning Commission has reviewed and provided a recommendation (Section 18.142 Zoning Code 2024).

DISCUSSION
The proposed rezone to HI from PD would allow for the reestablishment of a heavy industrial use, which was the original use at this site. The applicant proposes to use the property for a product engineering development and manufacturing business, which is a permitted use in the HI zone. The project site consists of a developed parcel (Parcels 224-03-087) and existing structures on the site will meet all the development standards and regulations listed in Chapter 18.50 of the Classic Code (former zoning code prior to the 2024 update), Heavy Industrial Zoning District. The project is subject to the parking regulations of the updated Zoning Code (2024) and is in deficit of the required 18 parking spaces, however this is an existing non-conforming condition. The Planning Commission report (Attachment 1) includes the detailed explanation of the applicable Zoning Code sections.

On September 11, 2024, the Planning Commission reviewed the application for the Rezone and Variance. The Planning Commission staff report (Attachment #1) provides an analysis of the project’s conformance to the General Plan and the substandard lot size and dimensions which were created by the previous rezoning and tentative map approved in 2005. At the hearing, the Commissioners asked clarifying questions about the proposed business, Product Engineering Development and Manufacturing.

The discussion focused on the parking Variance. Per Section 18.38 Table 3-3 of the Zoning Code (2024), the proposed use will require 18 parking spaces at a ratio of one space per 1,200 square feet for storage/warehouse and a ratio of one space per 1,000 square feet for the Heavy Industrial use of total floor area. The subject site has a unique condition in that the Rezoning and Tentative Map approval in 2005 created a substandard quantity of parking on Parcel Two, allowing them to use 10 parking spaces on Parcel Three through a Parking Agreement. A 1978 grant deed included an eightfoot offer of dedication along Lafayette Street, in order to improve frontage in the future. The proposed rezoning triggers a requirement to add a five-foot sidewalk and a four-foot landscape strip along the project frontage, matching the completed frontage improvements of the adjacent property making it infeasible to accommodate the ingress/egress and dimensional standards. Therefore, the existing accessible parking space would need to be relocated to Parcel Three. The rezoning also triggers the requirement for onsite trash collection. With these requirements, the existing 10 parking spaces on Parcel Three available for use by Parcel Two would be reduced to seven parking spaces.

The applicant has signed a new agreement with the property owner on 700 Mathew Street for access for trash collection and seven parking spaces.

The proposed site plan which relocates all the parking spaces to the back of the building and allows for landscaping in the front setback is recommended by staff; however the Planning Commission was concerned about the number of parking spaces on the site, specifically the location of the accessible Americans with Disabilities (ADA)space, and inquired about whether additional parking could be provided. At the end of the discussion, the Planning Commission recommended approval of the rezoning and took action on the Variance request for reduced parking with the condition that the applicant explore the option of adding an accessible stall and an additional parking space to the front, and explore alternative means of parking, such as transit passes, shared parking agreements, or mechanical lifts, to the satisfaction of the Director of Community Development. The Planning Commission recognized that rearranging the parking would necessitate the project not providing the City of Santa Clara Page 2 of 4 Printed on 11/8/2024
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24-921 Agenda Date: 11/12/2024
required landscaping in the front setback, as the circulation for the parking space and existing curb cut would need to be retained, and approved the Variance for all of these development standards.

Since the Planning Commission meeting, the applicant has worked with staff to move the accessible stall from Parcel Three to the front of the building, and this will make room for one additional parking space on Parcel Three, bringing the total parking spaces to nine spaces. Note that the City’s new Zoning Code section 18.144.040 C requires that any companion permit, such as a variance which would typically be decided on by the Planning Commission, be instead decided on by the City Council, when that permit is companion to a legislative action such as a rezoning. As such the City Council shall decide on the Variance request and make the necessary findings to support the City’s Council decision. Attachment #3 is a resolution that supports the Planning Commission’s recommendation on the Variance with findings to support the nonconformance to parking and landscape standards in the Zoning Code.

As noted above, the staff recommendation differs slightly from the Planning Commission recommendation. The staff recommendation is to locate all of the parking spaces, including the accessible ADA space, behind the building in order for the frontage of the building along Lafayette Street to be improved with a sidewalk, 15 foot to 17 foot wide landscape strip in the front setback, and bicycle parking area. Attachment #4 is a resolution that supports the staff recommendation on the Variance with findings to support the nonconformance to the parking standards in the Zoning Code. Note that that the staff recommendation includes the adherence to front setback landscape standards in the Zoning Code.

ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the California Environmental Quality Act (“CEQA”) per CEQA Guidelines section 15301 (Class 1 - “Existing Facilities”), which applies to minor alterations of existing public or private structures involving negligible or no expansion of the existing or former use. Here, the proposal involves interior remodeling and minor exterior modifications to the site without expanding the existing buildings.

FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expense typically covered by processing fees paid by the applicant.

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

PUBLIC CONTACT
On October 30, 2024, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on October 31, 2024, a notice of public hearing on this item mailed to property owners within 500 feet of the project site.

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] or at the public information desk at any City of Santa Clara public library.

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At the time of this staff report, the Planning staff has not received public comments in support or opposition to the proposed project.

ALTERNATIVES

1. Adopt a resolution approving the Rezone from Planned Development (PD) to Heavy Industrial (HI) for the property located at 2201 Lafayette Street, subject to conditions of approval.

2. Deny the Rezone from Planned Development (PD) to Heavy Industrial (HI) for the property located at 2201 Lafayette Street, subject to conditions of approval.

3. Adopt a resolution approving the Variance for a reduction in parking spaces and nonconformance to landscape requirements, including the required findings (Planning Commission recommendation).

4. Adopt a resolution approving the Variance for a reduction in parking spaces, including the required findings.

RECOMMENDATION
Alternatives 1 & 4

1. Determine that the Project is categorically exempt under Section 15301 (Class 1 Existing Facilities) of the CEQA Guidelines;

2. Adopt a resolution approving the Rezone from Planned Development (PD) to Heavy Industrial (HI) for the property located at 2201 Lafayette Street, subject to conditions of approval; and

3. Adopt a resolution approving the Variance for a reduction in parking spaces, including the required findings.

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

ATTACHMENTS

1. Planning Commission Staff Report of September 11, 2024

2. Resolution approving the Rezone

3. Resolution approving the Variance for a reduction in parking spaces and nonconformance to landscape requirements, including the required findings (Planning Commission recommendation).

4. Resolution approving the Variance for a reduction in parking spaces, including the required findings (staff recommendation)

5. Applicant Statement of Justification and Operational Plan

6. Conditions of Approval

7. 2005 Approved Site Plan

8. Development Plans
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
24-730 Agenda Date: 9/11/2024

REPORT TO PLANNING COMMISSION

SUBJECT
Public Hearing. Action on a Rezone (PLN23-00208) from PD - Planned Development to HI - Heavy Industrial and Variance for Parking for the Property Located at 2201 Lafayette Street

REPORT IN BRIEF
File Number: PLN23-00208
Applicant: John Ha, Innovative Design Architecture
Owner: Cindy Cheng, Vista Grande Investment, LLC
General Plan: Heavy Industrial
Zoning: Planned Development (PD)
APN: 224-03-087
Site Area: 64,898 square feet
Existing Site Conditions: The property is developed with an industrial building that is currently vacant and surface parking.

Surrounding Land Uses:

North: Heavy Industrial Uses
South: Digital Realty Data Center
East: Heavy Industrial Uses
West: Light Industrial Uses
Issues: Consistency with the City’s General Plan and conformance with the City’s Zoning Ordinance Staff Recommendation: Determine that the project is consistent with a Class 1 Categorical Exemption per Section 15301, Existing Facilities of the CEQA Guidelines: adopt a resolution approving a Variance for parking, subject to findings and conditions of approval; and adopt a resolution recommending the City Council approve the Rezone from Planned Development (PD) to Heavy Industrial (HI) for the property located at 2201 Lafayette Street, subject to findings and conditions of approval.

BACKGROUND
On August 22, 2023, John Ha with Innovative Design Architecture (“Applicant”), on behalf of Cindy Cheng with Vista Grande Investment, LLC (“Owner”) filed an application to change the use of the subject site located at 2201 Lafayette Street. The proposal includes minor interior changes and site improvements to use the existing building on the site for a heavy industrial use of product engineering development and manufacturing for the business operating as Applied Innovation Group, Inc.

The project site consists of one building, approximately 24,000 square feet, which was previously City of Santa Clara Page 1 of 5 Printed on 9/5/2024
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24-730 Agenda Date: 9/11/2024
occupied by Union Stone, a construction materials retail showroom/warehouse. The adjoining property to the east at 700 Mathew Street consists of two buildings that were previously occupied by a business, “Off the Wall Soccer”, and a warehouse use. In 2005, the City Council approved a request (File No. PLN2005-05047) to rezone the parcel (APN: 224-04-082) from Heavy Industrial (HI) to Planned Development (PD) to allow for the sale of the building located at 2201 Lafayette Street.

Along with the Rezoning, the City Council also approved a Tentative Parcel Map (File No. PLN2005- 04910) to subdivide the property into two parcels with one common area parcel. This created three parcels- Parcel One (700 Mathew Street, APN: 224-03-086), Parcel Two (2201 Lafayette Street, APN: 224-03-087), and Parcel Three (Parking lot along Mathew Street, APN: 224-03-000). The rezoning was approved with specific conditions of approval restricting the redevelopment of Parcel Two unless it was combined with one or both parcels fronting Lafayette Street on either side of Parcel Two, and restricting the use of Parcel Two to construction materials retail showroom/warehouse only.

A Parking Agreement was also executed between Parcel One and Parcel Two, where ten parking spaces on Parcel Three would be available for use by Parcel Two.

On July 18, 2023, the City Council approved a request (PLN23-00054) to rezone the property at 700 Mathew Street (Parcels One and Three) from PD to Heavy Industrial for the use of existing buildings on site for metal fabrication/spinning for the business operating as Quality Metal Spinning. The Planning Commission had also approved a variance on June 14, 2023, for 26 parking spaces where 32 parking spaces were required, which became effective upon approval of the rezoning. The variance also approved a reduction in the required front setback and landscaping for Parcel One as the existing building is built to the property line, and a reduction in the required landscaping for Parcel Three to accommodate the new sidewalk.

The current application includes only Parcel Two (former construction materials retail showroom/warehouse). Given the specific uses allowed in the existing PD zoning, the proposal to use this site for heavy industrial use (Applied Innovation Group, Inc) would require a Rezone from Planned Development (PD) to Heavy Industrial (HI). The building has been vacant since April 2013.

The proposal would include providing seven parking spaces on Parcel Three to be available for use by Parcel Two per the existing Parking Agreement. This project also includes a Variance from the minimum required parking as discussed further below.

DISCUSSION
The proposal includes physical improvements that would accommodate a change of use for the building. The proposal includes minor interior remodeling, restriping the parking to include an accessible space and loading zone, adding a sidewalk and a landscape strip with a new 24-inch box tree, adding bike racks and other site improvements.

The footprint of the existing building sits on the lot lines on the north, south, and east, and would not change. In 1978, a grant deed was executed that dedicated approximately eight feet of the front of the property to accommodate future street improvements. The proposed rezoning triggers a requirement to add a five-foot sidewalk and a four-foot landscape strip along the project frontage, matching the completed frontage improvements of the adjacent property. As a result, the existing parking fronting Lafayette Street on Parcel Two became infeasible to accommodate the ingress/egress and dimensional standards and the existing accessible parking space would need to be relocated to Parcel Three. With these requirements, the existing 10 parking spaces on Parcel Three available for use by Parcel Two would be reduced to seven parking spaces. Overall, the proposal will be short of the required 18 parking spaces by 11 spaces and would require a variance City of Santa Clara Page 2 of 5 Printed on 9/5/2024
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24-730 Agenda Date: 9/11/2024
to the zoning code’s parking requirement. The applicant has signed a new agreement with the property owner on 700 Mathew Street for access for trash collection and seven parking spaces.

In December 2023, the City Council adopted an updated Zoning Code and certain sections including parking requirements that became effective on February 8, 2024. However, the Zoning districts other than single-family did not become effective until the effective date of the updated Zoning map, August 15, 2024. Under the updated Zoning Code, pipeline applications are processed under the requirements in effect on the date the application is determined to be complete by the Project Clearance Committee (PCC). Here, the PCC found the application to be complete on July 30, 2024.

Therefore, although the property is proposed to be rezoned to the new Zoning designation of Heavy Industrial (HI), the zoning regulations of the old Heavy Industrial (MH) district of the Classic Code will apply to this application, while the parking requirements from the current Zoning Code (2024) would apply.

General Plan Conformance
The subject site’s land use designation is Heavy Industrial, which allows primarily manufacturing, refining, warehouse and distribution, and similar activities. Therefore, the proposed Rezoning from Planned Development (PD) to Heavy Industrial (HI) is consistent with the General Plan. Further, the proposed project is consistent with the following General Plan Policies:

General Land Use Policies
· 5.3.1-P8: Work with property owners to improve or redevelop underutilized and vacant properties.
· 5.3.1-P9: Require that new development provide adequate public services and facilities, infrastructure, and amenities to serve the new employment or residential growth.

The project would revamp the vacant and underutilized property by locating a new Engineering development and manufacturing business. The project site is in an urban environment surrounded by primarily industrial uses and is served by existing public services, facilities, infrastructure, and amenities. The proposal will make necessary infrastructure upgrades, such as a new sidewalk and landscape strip to serve the new use.

Office and Industrial Land Use Policies
· 5.3.5
‐
P1 Work with existing Santa Clara businesses to retain and expand employment opportunities and strengthen the existing tax base.
· 5.3.5
‐
P11 Construct sidewalks in industrial areas, with priority along streets served by existing or planned transit services.
· 5.3.5
‐
P16 Protect the industrial land use designations from incompatible uses in order to maintain the City’s strong fiscal health and quality services that are supported by new businesses and technologies and retention of well
‐
established existing businesses.

The proposed business would have up to 15 employees, providing employment opportunities in Santa Clara. The project has a condition of approval to construct a five-foot sidewalk and a four-foot planter strip along the project frontage on Lafayette Street. The proposed heavy industrial use will be consistent with the industrial land use designation for the parcel.

Zoning Conformance
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24-730 Agenda Date: 9/11/2024
The project site is zoned PD with specific conditions of approval restricting the use of Parcel Two to construction materials retail showroom/warehouse only. The proposed rezone to HI from PD would allow for heavy industrial use, which was the original use at this site and the site's General Plan land use designation. The project site meets all the regulations of the Heavy Industrial Zoning District in the Classic Code, except parking. The MH Zoning district required a front setback of 15 feet and a minimum of 10 feet of the required front yard to be maintained as an open landscape area. The existing building is constructed with a varying front setback between 17 feet and 15 feet and provides the required landscaping, meeting the zoning regulations.

The project site will have a pedestrian and bike connection via Lafayette Street, and the vehicular access will be from the parcel at 700 Mathew Street. Per Section 18.38 Table 3-3 of the Zoning Code (2024), the proposed use will require 18 parking spaces at a ratio of one space per 1,200 square feet for storage/warehouse and a ratio of one space per:1,000 square feet for the Heavy Industrial use of total floor area. The project provides seven parking spaces, including one accessible parking on Parcel Three, and would therefore require a Variance from the minimum parking requirement.

Variance Request
To grant a Variance, the Planning Commission must make the findings listed in the Zoning Code (2024) Section 18.124.050. The Zoning Code limits granting of Variances to situations where the peculiar physical characteristics of a site would make it difficult to develop consistent with standard regulations. A Variance may be granted to enable the development of a disadvantaged property at the equivalent level of use enjoyed by nearby properties in the same zone. The subject site has an unusual condition in that the Rezoning and Tentative Map approval in 2005 created a substandard condition for parking on Parcel Two. Additionally, the existing buildings were constructed in the 1970’s with reduced parking and the 1978 grant deed included an eight-foot dedication along Lafayette Street, which rendered the parking in the front setback area unacceptable. The proposed use would repurpose the existing industrial site that has been vacant since April 2013. The project would help extend the complete streets configuration along the project frontage and eliminate the substandard front landscaping conditions to be in conformance with the Zoning Code requirements. The variance is necessary for the preservation and enjoyment of the substantial property rights of the owner.

Should the Planning Commission approve the Variance, it would only become effective if the City Council approves the proposed rezoning. If the City Council declines to approve the rezoning, the Variance resolution will be null and void. If the City Council approves the rezoning, then the Variance resolution shall become effective on the effective date of the rezoning.

Conclusion
The project site has a General Plan land use designation of Heavy Industrial and is in a heavy industrial neighborhood originally zoned MH and developed with industrial buildings and uses.

Therefore, the proposed project to rezone the property to HI meets the purpose and intent of the Zoning Code and is in conformance with the General Plan.

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24-730 Agenda Date: 9/11/2024

FISCAL IMPACT
There is no fiscal impact to the City for processing the requested application other than administrative time and expenses typically covered by processing fees paid by the applicant.

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

PUBLIC CONTACT
On August 28, 2024, a notice of public hearing was published in The Weekly, a newspaper of general circulation, and on August 29, 2024, a notice of public hearing on this item mailed to property owners within 500 feet of the project site. At the time of this staff report, Planning staff has not received public comments in support or opposition to the proposed project.

RECOMMENDATION

1. Determine the project is consistent with a Class I Categorical Exemption per Section 15301, Existing Facilities of the CEQA Guidelines;

2. Adopt a resolution approving the Variance for parking, including the required findings; and

3. Adopt a resolution recommending City Council approve the Rezone from Planned Development (PD) to Heavy Industrial (HI) for the property located at 2201 Lafayette Street, subject to findings and conditions of approval.

Prepared by: Nimisha Agrawal, Senior Planner
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Lesley Xavier, Planning Manager

ATTACHMENTS

1. Resolution recommending approval for Rezone

2. Resolution approving the Variance

3. Conditions of Approval

4. Vicinity Map

5. Development Plans

6. Applicant Business Description and Operational Plan
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Resolution/ 2201 Lafayette Street - Rezoning Page 1 of 3 Rev. / Typed 12-2-22
RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL APPROVE A REZONING FROM

PLANNED DEVELOPMENT (PD) TO HEAVY INDUSTRIAL (HI)

TO ALLOW THE PROPOSED USE OF HEAVY INDUSTRIAL AT
2201 LAFAYETTE STREET, SANTA CLARA
(File No. PLN23-00208- Rezoning and Variance)
WHEREAS, on August 22, 2023, John Ha with Innovative Design Architecture (“Applicant”), on behalf of Cindy Cheng with Vista Grande Investment, LLC (“Owner”) filed an application (PLN23- 00208) requesting a rezoning for the property located at 2201 Lafayette Street (APN: 224-03-087) (“Project Site”) in the City of Santa Clara;
WHEREAS, the General Plan land use designation for the Project Site is Heavy Industrial; WHEREAS, the Project Site is zoned Planned Development (PD); WHEREAS, the Project Site is developed with an industrial building that was previously occupied with Union Stone, a construction materials retail showroom and warehouse; WHEREAS, the Property Owner applied to rezone the Project Site from Planned Development (PD) to Heavy Industrial (HI) to allow the existing building to be used for a heavy industrial business (“Project”) as shown on the development plans, attached hereto and incorporated herein by reference;
WHEREAS, the Project is Categorically Exempt from formal environmental review per Section 15301, Class 1 “Existing Facilities” of the Guidelines of the California Environmental Quality Act (“CEQA”), which applies to small additions and minor modifications to existing facilities involving negligible or no expansion of the existing or former use. Here, the proposal involves a minor tenant improvement without changing the building footprint and minor site improvements and would represent a negligible expansion of the prior use; Resolution/ 2201 Lafayette Street - Rezoning Page 2 of 3 Rev. / Typed 12-2-22
WHEREAS, on August 29, 2024, the notice of meeting date for this item was mailed to property owners within a 500-foot radius of the Project Site for the Planning Commission hearing on September 11, 2024; and,
WHEREAS, on September 11, 2024, the Planning Commission held a duly noticed public hearing to consider the rezoning application, during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the proposed rezoning.

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 rezone the Project Site from Planned Development (PD) to Heavy Industrial (HI). //
//
//
//
//
//
Resolution/ 2201 Lafayette Street - Rezoning Page 3 of 3 Rev. / Typed 12-2-22

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 REGULAR MEETING THEREOF HELD ON THE 11 th DAY OF SEPTEMBER
2024 BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

REENA BRILLIOT

ACTING DIRECTOR OF COMMUNITY

DEVELOPMENT

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Conditions of Approval
Resolution/ 2201 Lafayette Street - Variance Page 1 of 4 Rev. / Typed 12-2-22
RESOLUTION NO. __________

A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF SANTA CLARA, CALIFORNIA, APPROVING A

VARIANCE FOR PARKING TO ALLOW THE PROPOSED
HEAVY INDUSTRIAL USE AT 2201 LAFAYETTE STREET,

SANTA CLARA
(File No. PLN23-00208- Rezoning and Variance)
WHEREAS, on August 22, 2023, John Ha with Innovative Design Architecture (“Applicant”), on behalf of Cindy Cheng with Vista Grande Investment, LLC (“Owner”) filed an application (PLN23- 00208) requesting a Variance for the property located at 2201 Lafayette Street (APN: 224-03- 087) (“Project Site”) in the City of Santa Clara;
WHEREAS, the General Plan land use designation for the Project Site is Heavy Industrial; WHEREAS, the Project Site is zoned Planned Development (PD); WHEREAS, the Project Site is developed with an industrial building that was previously occupied with Union Stone, a construction materials retail showroom and warehouse; WHEREAS, the Property Owner has submitted an application for a Variance (“Project”) to Chapter 18.38 of the City Code for reduced parking of seven spaces where 18 parking spaces are required to allow the existing buildings to be used for a heavy industrial business; WHEREAS, the Project is Categorically Exempt from formal environmental review per Section 15301, Class 1 “Existing Facilities” of the Guidelines of the California Environmental Quality Act (“CEQA”), which applies to small additions and minor modifications to existing facilities involving negligible or no expansion of the existing or former use. Here the proposal involves a minor tenant improvement without changing the building footprint and minor site improvements and would represent a negligible expansion of the prior use;
WHEREAS, on August 29, 2024, the notice of meeting date for this item was mailed to property owners within a 500-foot radius of the Project Site for the Planning Commission hearing on September 11, 2024; and,
Resolution/ 2201 Lafayette Street - Variance Page 2 of 4 Rev. / Typed 12-2-22
WHEREAS, on September 11, 2024, the Planning Commission held a duly noticed public hearing to consider the Variance application, during which the Planning Commission invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the proposed Variance.

NOW THEREFORE, BE IT FURTHER 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 approves the Variance to the Heavy Industrial parking regulations to allow the existing building on the project site to be used for a heavy industrial business; as depicted on the attached Illustration Plan and subject to the attached Conditions of Approval, all of which are incorporated herein by this reference.

3. That pursuant to SCCC Section 18.124.050, the Planning Commission hereby makes the following findings related to the Variance request:

A. That there are special circumstances or conditions applicable to the subject property or existing buildings (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification, in that the Rezoning and Tentative Map approval in 2005 for the project site created a substandard condition for parking.

B. That strict compliance with Zoning Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification, in that the 2005 parcelization and design make it impossible for the Applicant to provide additional parking spaces and reuse the site without demolishing the building. Granting the variance will facilitate the rehabilitation of the existing vacant site that is almost fully built out by existing building and is significantly constrained in the approved use of construction materials retail showroom warehouse through the prior PD approval.

Resolution/ 2201 Lafayette Street - Variance Page 3 of 4 Rev. / Typed 12-2-22
C. That approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated, in that the project utilizes the existing footprint of the industrial buildings to establish a heavy industrial business consistent with the General Plan land use designation of Heavy Industrial.

D. That the granting of the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the subject property, in that the proposal would allow the adaptive reuse of the existing vacant industrial building, site improvements and better connectivity to the neighborhood. ///
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Resolution/ 2201 Lafayette Street - Variance Page 4 of 4 Rev. / Typed 12-2-22

4. Effective date. This project comprises two entitlements: the variance approved by this resolution, and a separate rezoning to be approved by the City Council. This resolution shall become effective only if the City Council approves that rezoning on or before July 31, 2025. If the City Council declines to approve the rezoning on or before July 31, 2025, this resolution shall be null and void. If the City Council approves the rezoning on or before July 31, 2025, then this resolution shall become effective on the effective date of the rezoning.

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

AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 11 th DAY OF SEPTEMBER
2024, BY THE FOLLOWING VOTE:

AYES: COMMISSIONERS:

NOES: COMMISSIONERS:

ABSENT: COMMISSIONERS:

ABSTAINED: COMMISSIONERS:

ATTEST:

REENA BRILLIOT

ACTING DIRECTOR OF COMMUNITY

DEVELOPMENT

CITY OF SANTA CLARA
Attachments Incorporated by Reference:

1. Conditions of Approval

2. Development Plans
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 1 of 15 Conditions of Approval for Rezoning and Variance
PLN23-00208/ 2201 Lafayette Street (APN: 224-03-087)
Project Description: Action on a Rezone from PD – Planned Development to HI – Heavy Industrial and Variance for Parking for the property located at 2201 Lafayette Street

GENERAL
G1. Permit Expiration. This Permit shall automatically be revoked and terminated if not used within two years of original grant or within the period of any authorized extension thereof. The date of granting this Permit is the date this Permit is approved by the Decision-making body and the appeal period has been exhausted. The expiration date is September 11, 2026.

G2. Conformance with Plans. Prior to the issuance of Building Permit, the development of the site and all associate improvements shall conform to the approved plans on file with the Community Development Department, Planning Division. No change to the plans will be made without prior review by the Planning Division through approval of a Minor Amendment or through an Architectural Review, at the discretion of the Director of Community Development or designee. Each change shall be identified and justified in writing.

G3. Conditions on Plans. All conditions of approval for this Permit shall be reprinted and included within the first three sheets of the building permit plan sets submitted for review and approval. At all times these conditions of approval shall be on all grading and construction plans kept on the project site.

G4. Necessary Relocation of Public Facility. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.

G5. Indemnify and Hold Harmless. The owner or designee agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorney’s fees, injuries, costs, and liabilities from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of owner or designee’s project.

G6. Code Compliance. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis; proposed use and occupancy of all spaces (CBC Ch. 3), all building heights and areas (CBC Ch. 5), all proposed types of construction (CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (CBC Ch. 7), all proposed interior finishes fire resistance (CBC Ch. 8), all fire protection systems proposed (CBC Ch. 9), and all means of egress proposed (CBC Ch. 10). Noncombustable exterior wall, floor, and roof finishes are strongly encouraged. a. During construction retaining a single company to install all fire related penetrations is highly recommended.
b. The grade level lobbies shall be minimum 1-hour rated all sides and above. c. All stair shafts shall be minimum 1-hour rated.
d. All elevator shafts shall be minimum 1-hour rated.
e. All trash chute shafts shall be minimum 1-hour rated. f. Recommendation: provide minimum two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room. g. Any trash rooms shall be minimum 1-hour rated all sides and above.

G7. Building Codes as Amended. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.

G8. Reach Codes. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022. See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code. ________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 2 of 15 a. Chapter 15.36 – Energy Code for “all electric” provisions for new construction. b. Chapter 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.

G9. Comply with all applicable codes, regulations, ordinances and resolutions.

COMMUNITY DEVELOPMENT – PLANNING DIVISION
DESIGN / PERFORMANCE– PRIOR TO BUILDING PERMIT ISSUANCE P1. Roof Mounted Mechanical Equipment. All roof mounted mechanical equipment shall be placed within a screened roof top enclosure depicted on the elevation drawings or located below the parapet level and shall not be visible from the ground at any distance from the building. Cross section roof drawings shall be provided at the building permit stage indicating the relative height of the screen wall or parapet.

Minimum screen height or parapet depth shall be five feet or greater to match the height of any proposed equipment.

P2. Tree Replacement (on-site). Trees permitted by the City for removal shall be replaced on-site at a ratio of _1:2_____. (SCC 12.35.090)
P3. Construction Management Plan. The owner or designee shall submit a construction management plan addressing impacts to the public during construction activities including: showing work hours, noticing of affected businesses, construction signage, noise control, storm water pollution prevention, job trailer location, contractor parking, parking enforcement, truck hauling routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. The plan shall be submitted to the Director of Community Development or designee for approval prior to issuance of demolition and building permits.

DURING CONSTRUCTION -- PRIOR TO OCCUPANCY
P4. Construction Hours. Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and shall not be allowed on recognized State and Federal holidays.

P5. Construction Trash/Debris. During construction activities, the owner or designee is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

P6. Construction Parking. Off street parking is required to be available from the time of issuance of building permits until the issuance of certificate of occupancy. ENTER NUMBER HERE parking spaces shall be made available. Off-street construction parking lots are required to be maintained mud-free and dustless.

If the off-street construction parking lot is located on an unpaved surface, daily street sweeping of surrounding streets is required. (SCC 18.38.030)
P7. Landscape Water Conservation. The owner or designee shall ensure that landscaping installation meets City water conservation criteria in a manner acceptable to the Director of Community Development.

OPERATIONAL CONDITIONS
P8. Landscaping Installation & Maintenance. The owner or designee shall ensure that the landscaping installed and accepted with this project shall be maintained on the site as per the approved plans. Any alteration or modification to the landscaping shall not be permitted unless otherwise approved by the Director of Community Development.
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 3 of 15

COMMUNITY DEVELOPMENT - BUILDING DIVISION
DESIGN / PERFORMANCE– PRIOR TO BUILDING PERMIT ISSUANCE BD1. Addressing. Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer. The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy for Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review.

Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet. a. Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.

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

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

BD4. Submittal Requirements. The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.

DURING CONSTRUCTION – PRIOR TO OCCUPANCY
BD5. Temporary Certificates of Occupancy. Temporary Certificates of Occupancy (TCO) will not be routinely issued and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 4 of 15

FIRE DEPARTMENT
DESIGN / PERFORMANCE—PRIOR TO BUILDING PERMIT ISSUANCE
F1. Hazmat Clearance. Prior to any Building Permit issuance, Hazardous Materials Closure (HMCP) is required as applicable:  This is a permit is issued by the Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division.  Hazardous materials closure plans are required for businesses that used, handled or stored hazardous materials.  While required prior to closing a business this is not always done by the business owner, and therefore should be part of the developer’s due diligence.  The hazardous materials closure plans demonstrate that hazardous materials which were stored, dispensed, handled or used in the facility/business are safely transported, disposed of or reused in a manner that eliminates any threat to public health and environment.

F1. Hazmat Clearance. Prior to any Building Permit Issuance, a Phase II environmental assessment is required to be submitted to CRRD for review. If hazards are present that require site mitigation, cleanup, or management of chemical contaminants in soil, soil vapor, or groundwater a separate permit from one of the regulatory agencies below will be required. The type and extent of contamination on site(s) will govern which of the regulatory agencies noted below can supervise the cleanup: Department of Toxic Substances Control (DTSC); State Water Resources Control Board; or Santa Clara County, Department of Environmental Health.

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

For smaller projects that are not moving soil at all, a Phase I environmental assessment may be adequate. Please contact Assistant Fire Marshal Fred Chun at [email protected] for more information.

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

F2. Emergency Responder Radio Coverage System. Prior to Building Permit Issuance, provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.

F3. Fire Department Access. Prior to issuance of the Building Permit, a gate permit is required to obtained.

Openings for access gates located across fire apparatus access roads shall be a minimum of 20 feet of clear width. Gates shall also be provided with a minimum unobstructed vertical clearance of 16-feet. All gates installed on designated fire department access roads must be electrically automatic powered gates.

Gates shall be provided with an emergency power or be of a fail-safe design, allowing the gate to be pushed open without the use of special knowledge or equipment. A Tomar Strobe Switch or 3M Opticom detector shall be installed to control the automatic gate(s) to allow emergency vehicles (e.g., fire, police, ems). Said device shall be mounted at a minimum height of eight to ten feet (8’ - 10’) above grade. ________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 5 of 15 F4. Alternative Means and Methods. Prior to any Building Permit issuance, an alternate means or methods permits to mitigate any code deficiency must be submitted and approved. Please submit this permit concurrently with the building plans. Please note specific mitigations may have been discussed during the planning process. None of these discussions are binding and can only be formally approved through submitting an AMMR permit. The AMMR permit is formally documenting that and still needs to be submitted. This project is landlocked on two sides of the building and cannot meet standard fire department access requirements. No AMMR has been agreed upon or been guaranteed to be accepted for the lack of access around the site. This project is unique due to access never being complete from a previous planning project from 2005 which required better access around this group of buildings, which were originally on one parcel before being split into multiple parcels.

F5. Hazmat Information. Prior to Building Permit Issuance, a Hazardous Materials Inventory Statement including refrigerants is required to be submitted and reviewed with the Building Permit if applicable.

DURING CONSTRUCTION – PRIOR TO OCCUPANCY
F6. Shared Fire Protection Features that Cross Property Lines. Prior to Building Permit Final, any EVAEs that cross property lines or is not located on the parcel of the building it serves shall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE. Prior to Building Permit final, any fire protection equipment (including but not limited to fire service undergrounds, sprinkler piping, fire alarm equipment, fire pumps, ERRCS) that cross property lines or is shared with other buildings will be separated. For this project, a new FDC, PIV, and backflow preventer will be provided on the address side of the building (the existing FDC, backflow, and fire service underground comes from Mathews).

F7. Any road designated as a fire department access road will be recorded as an emergency vehicle access easement.

F8. Fire Protection Systems Before Occupancy. Prior to any Certificate of Occupancy Issuance (temporary or permanent), fire-life safety systems installations must be fully installed, functional, and approved.

PUBLIC WORKS DEPARTMENT - ENGINEERING

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

E2. Easement. Obtain Council approval of a resolution ordering vacation of existing public easement(s) proposed to be abandoned, if any, through Public Works Department, and pay all appropriate fees, prior to start of construction.

E3. Subdivision Map. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, closure calculations, and all appropriate fees.
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 6 of 15

DURING CONSTRUCTION
E4. Encroachment Permit. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted within a Single Encroachment Permit to be reviewed and issued by the City Public Works Department.

Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.

E5. Encroachment Permit. Submit public improvement/encroachment permit plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements directly to the Public Works Department. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.

E6. Encroachment Permit. Existing non-standard or non-ADA compliant frontage improvements shall be replaced with current City standard frontage improvements as directed by the City Engineer or his designee.

E7. Encroachment Permit. Damaged curb, gutter, and sidewalk within the public right-of-way along property’s frontage shall be repaired or replaced (to the nearest score mark) in a manner acceptable to the City Engineer or his designee. The extents of said repair or replacement within the property frontage shall be at the discretion of the City Engineer or his designee.

E8. Encroachment Permit. Existing streetlights shall be clear of proposed sidewalk, developer shall relocate as necessary.

E9. Encroachment Permit. Construct complete street frontage, with 4’ landscape strip and 5’ sidewalk, matching southern property, with transition to connect to existing frontage of northern property.

E10. Encroachment Permit. Reconstruct portion of southern property frontage to match new proposed frontage.

TRAFFIC

DURING CONSTRUCTION
TR1. Encroachment Permit. Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction
TR2. Encroachment Permit. Landscape improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.

TR3. Encroachment Permit. All on-site structures must be clear of Driveway and Corner Visibility Clearance Areas per City Standard Detail TR-9. The plan set shows parking spaces within the driveway and corner visibility clearance areas. Those should be removed.

TR4. Building Permit. Non-residential bicycle parking shall be 2 Class I spaces and 4 Class II spaces per 2019 California Building Code 5.106.4
TR5. Building Permit. Class I and Class II bicycle parking, as defined in SCMC 18.74.075, shall be conveniently accessible from the street, within 200 feet of a building entrance and/or highly visible areas.

STREETS DIVISION
Right of Way Landscape
L.1 Applicant to plant a 24 inch-box tree in landscape strip with root barrier– keep 6 feet away from any utilities. Tree to be maintained by property owner. Tree to be hand watered – 10 gallons per week at drip line (deep watering) until tree is established. Approved trees: Scarlett Oak, Red Maple, or Crape Myrtle.
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 7 of 15 Solid Waste

DESIGN/PERFORMANCE PRIOR TO ISSUANCE OF BUILDING PERMIT SW1. Construction Waste Diversion. For projects that involve construction, demolition or renovation of 5,000 square feet or more, the applicant shall comply with City Code Section 8.25.285 and recycle or divert at least sixty five percent (65%) of materials generated for discard by the project during demolition and construction activities. No building, demolition, or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. Applicant shall create a Waste Management Plan and submit, for approval, a Construction and Demolition Debris Recycling Report through the City’s online tracking tool at http://santaclara.wastetracking.com/.

SW2. Authorized Service Haulers. This project is subject to the City’s Accumulation, Transportation and Disposal of Solid Waste Ordinance (Chapter 8.25 of the Municipal Codes), which requires the handling and disposal of waste by authorized service haulers. Insert the General Notes for the Construction & Demolition (C&D) Waste Management into construction plans in accordance with the City’s municipal codes prior to the issuance of a Building or Grading permit. Provide the Green Halo waste online tracking number to Building staff prior to the issuance of a demolition or building permit.

SW3. Exclusive Franchise Hauling Area. Project applicant shall contact the Public Works Department, Street Maintenance Division at (408) 615-3080 to verify if the property falls within the City’s exclusive franchise hauling area. If so, the applicant is required to use the City’s exclusive franchise hauler and rate structure for any hired debris boxes. Prior to the issuance of a Public Works clearance, the project applicant shall complete and sign the Construction and Demolition (C&D) / Waste Management Rules and Regulations Form.

DURING CONSTRUCTION OR OPERATION
SW4. Waste Generation Tracking. Applicant to track all waste generated and upload debris tags to GreenHalo for City staff review.

SW5. Zoning determines Solid Waste providers and rate structure. As planned development, the parcel is included in our Exclusive Franchise Hauling area (Serviced by Mission Trail exclusively, rates set by the City and services billed by the City). If parcel rezoned to Heavy Industrial, it would be considered part of our Non-Exclusive Franchise (NEF) area which is a semi-open market. Parcels in these areas can choose from a list of authorized NEF Haulers – see www.santaclaraca.gov/cd for list of current authorized NEF Haulers. Rate structure can vary, and the hauler bills the customer directly. Mission Trail Waste Systems is also on our NEF list, but pricing can differ between exclusive and non-exclusive zones.

PRIOR TO FINAL OF BUILDING PERMIT
SW6. Weight Tickets. Prior to obtaining a Temporary or Final Certificate of Occupancy, individual weight tickets for all materials generated for discard or reuse by the project during demolition and construction activities shall be uploaded to Green Halo and submitted for review and approval by Environmental Services. At a minimum two (2) weeks review time is required.

SILICON VALLEY POWER

GENERAL
SVP1. Applicant Design Process: available to Applicants to expedite distribution electric substructure design.

SVP2. SVP Rules and Regulations: Applicant shall comply with all applicable SVP rules, regulations, standards, guidelines, and requirements, as may be amended from time to time.

SVP3. SVP Equipment Clearances:
a. Access Doors: Ten (10) foot minimum clearance in front of equipment access doors. b. Pad Sides: Five (5) foot minimum clearance from pad on sides without access doors. ________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 8 of 15 c. Truck Access: Eighteen (18) foot minimum width on one side of the equipment pad for truck access.
d. Barrier pipes: (on sides accessible to vehicles)
i. Thirty (30) inches from equipment sides.
ii. Forty-Eight (48) inches in front of access doors. (use removable bollards) SVP4. SVP Conduit Clearances:
a. Longitudinal: Five (5) foot minimum between new conduits/piping and existing/proposed SVP conduits.
b. Vertical: Twelve (12) inch minimum between new conduit/pipes perpendicular to existing SVP conduits.
c. Poles/Posts: Three (3) foot six (6) inches clearance required from poles (electrolier, guy stub, service clearance, self-supporting steel, and light poles), except for riser conduits. This is reduced to a three (3) foot minimum for posts (signposts, barrier pipes, bollards, fence posts, and other similar posts).
d. Structures: Five (5) foot minimum is required from walls, footings, retaining walls, landscape planter, or similar permanent structures.
e. Subsurface Facilities: Five (5) foot minimum from new splice boxes, pull boxes, manholes, vaults, or similar subsurface facilities.
f. Fire Hydrant: Five (5) foot minimum from fire hydrant thrust block. (Extends 5 feet on either side of the hydrant in line with the radial water pipe connected to the hydrant).

SVP5. SVP Vault/Manhole Clearances:
a. Ten (10) foot minimum between adjacent Vaults or Manholes. b. Three (3) foot minimum from face of curb. (bollards required for vaults).

SVP6. SVP Guy Anchor Clearances: Five (5) foot minimum clearance is required between the center of anchor line and any excavation area.

SVP7. Tree Clearances:
a. Conduits: Five (5) foot minimum to tree root barrier or other subsurface wall or structure. b. Equipment: Five (5) foot minimum to tree root barrier. The tree canopy drip line cannot be over the SVP equipment.
c. Subsurface Facilities: Five (5) foot minimum to any electric department facilities. Any existing trees in conflict will have to be removed.
d. Easements: No trees shall be planted in SVP’s U.G.E.E or P.U.E’s. e. Transformer & Switch Placement: these devices and pads may only be located outdoors.

Clearances to buildings are defined in UG1225. All projects are to assume mineral oil fluid, unless otherwise approved by SVP.

SVP8. SVP Standards. Applicant shall comply with the following SVP standards (as may be amended or supplemented).
a. UG1000 - Installation of Underground Substructures by Developers b. UG1250 – Encroachment Permit Clearances from Electric Facilities c. UG0339 – Remote Switch Pad
d. OH1230 – Tree Clearances from Overhead Electric Lines e. SD1235 – Tree Planting Requirements Near Underground Electric Facilities f. UG1225 – Pad mounted Equipment Clearances and Protection g. UG0250 – High Density Residential Metering Requirements ________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 9 of 15 h. FO-1901 – Fiber Optic Splicing and Testing Methods
i. SVP Rules and Regulations – Latest Edition
SVP9. SVP Standards, Miscellaneous:
a. In the case of podium-style construction, all SVP facilities and conduit systems must be located on solid ground (aka “real dirt”) and cannot be supported on parking garage ceilings or placed on top of structures.
b. No splice boxes are allowed between the SVP utility connection point and the applicants main switch board.
c. SVP does not utilize any sub-surface (below grade) devices in its system. This includes transformers, switches, etc.

SVP10. Meter Locations:
a. For condominium or apartment, all electric meters and service disconnects shall be grouped at one location, outside of the building or in a accessible utility room. If they are townhomes or singlefamily residences, then each unit shall have its own meter, located on the structure. A double hasp locking arrangement shall be provided on the main switchboard door(s). Utility room door(s) shall have a double hasp locking arrangement or a lock box shall be provided. Utility room door(s) shall not be alarmed.
b. All interior meter rooms at ground level are to have direct, outside access through only ONE door.

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

SVP11. Underground Service Entrance
a. (277/480V Service or Lower) Underground service entrance conduits and conductors shall be “privately” owned, maintained, and installed per City Building Inspection Division Codes to the SVP defined utility connection point.
b. (12KV Service) SVP terminates cable on the applicant owned switchgear. c. No cross-parcel distribution is allowed. SVP service points must be within the parcels that they serve.

SVP12. Code Sections:
a. The Applicant shall provide and install electric facilities per Santa Clara City Code chapter

17.15.210.
b. Installation of underground facilities shall be in accordance with City of Santa Clara Electric Department standard UG-1000, latest version, and Santa Clara City Code chapter 17.15.050. c. The applicant shall perform, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property. Upon completion of improvements satisfactory to the City, the Applicant will dedicate the improvement to the City subject to City’s acceptance the work. The applicant shall further install at his cost the service facilities, consisting of service wires, cables, conductors, and associated equipment necessary to connect a applicant to the electrical supply system of and by the City. After completion of the facilities installed by the Applicant, the City shall furnish and install all cable, switches, street lighting poles, luminaries, transformers, meters, and other equipment that it deems necessary for the betterment of the system per Santa Clara City Code chapter 17.15.210 (2).
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 10 of 15 SVP13. Existing Facilities:
a. All existing SVP facilities, onsite or offsite, are to remain unless specifically addressed by SVP personnel in a separate document. It is the Applicants responsibility to maintain all clearances from equipment and easements. The Applicant may contact SVP outside of the PCC process for clear definitions of these clearance requirements. Applicant should not assume that SVP will be removing any existing facilities without detailed design drawings from SVP indicating potential removals. Simply indicating that SVP facilities are to be removed or relocated on conceptual plans does not imply that this action has been approved by SVP. b. Any relocation of existing electric facilities shall be at Applicants expense.

SVP14. Generators: Non-Utility Generator equipment shall not operate in parallel with the electric utility, unless approved and reviewed by the Electric Engineering Division. All switching operations shall be “OpenTransition-Mode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.

DESIGN / PERFORMANCE – PRIOR TO ISSUANCE OF BUILDING PERMIT SVP1. Initial Information: Applicant shall provide a site plan showing all existing utilities, structures, easements, and trees. The applicant shall also include a detailed panel schedule showing all current and proposed electric loads.

SVP2. SVP Developers Work Drawing: Applicant shall have a developers work drawing created for the site by either an SVP estimator or through the applicant design process. All SVP standards and clearance requirements as defined in the General Section of the COA’s must be met, or variance approvals must be granted by SVP. The developers’ work drawing shall include but is not limited to: SVP substructure for primary, low voltage, streetlight, and fiber facilities. SVP facilities may extend off-site to the nearest utility connection point to tie-in with existing infrastructure as deemed necessary by SVP.

SVP3. Encroachment Permit: Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application with an approved SVP Developers Work Drawing for construction of electric utilities that comply with the latest edition of SVP Standards and Rules and Regulations, Electric Notes, and Electric Standard Details and Specifications.

SVP4. Applicants Switchgear: All applicant main switchgear with SVP meters must meet EUSERC standards and be approved by SVP’s meter shop prior to ordering. Switchgear for 12KV gear must have batteries sized for 4 hours of operation, no capacitive tripping, and 2 sets of relays, CTs, & PTs for each main. All double ended switchgear with a tie breaker, must include a kirk-key interlock scheme and an SVP provided warning label for the operation of the main tiebreaker.

SVP5. AMI/Fiber Building Requirements: All projects implementing high rise metering and multi-floor infrastructure requirements shall meet the requirements outlined in UG 0250 & FO1901.

DURING CONSTRUCTION – PRIOR TO OCCUPANCY
SVP6. Easements: Prior to the City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated underground electric utility easement (U.G.E.E) around the electric onsite facilities (Not a P.U.E). The electric utility easement shall be a minimum of 10 feet wide around conduit and 5’ minimum around equipment and vault/manhole pads. Additionally, the applicant shall submit plans defining existing easements so Electric Division can verify if there are any conflicts with new proposed easements or improvements. The Applicant shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the Applicant and for the installation of utilities (Santa Clara City Code chapter 17.15.110).

SVP7. Coordination Study: For any services taken at 12KV, a coordination study will need to be conducted by the applicant prior to energizing the service.
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 11 of 15 SVP8. Applicants Switchgear: Applicants’ switchgear will be inspected on site by SVP to ensure compliance with approved switchgear drawings. Electric meters and main disconnects shall be installed per Silicon Valley Power Standard MS-G7, Rev. 2.

SVP9. Electric Facilities: Prior to the City's issuance of Occupancy, the applicant shall construct all electric utilities per the approved SVP Developers Work Drawing. SVP will inspect all electric utility installations and all other improvements encroaching on electric facilities.

SVP10. Municipal Fees: Prior to electric service energization, all applicable fees per the City of Santa Clara’s Municipal Fee Schedule shall be paid by the applicant.

SVP11. Costs & Expenses: Unless expressly stated otherwise or covered by a fee to be paid by the applicant, applicant shall be responsible for all costs and expenses associated with fulfilling these conditions of approval.

OPERATIONAL CONDITIONS – AFTER OCCUPANCY
SVP12. Access: SVP will require 24-hour unobstructed access to all SVP equipment which includes: manholes, transformers, vaults, switches, meters, indoor electrical rooms with SVP owned equipment etc.

WATER & SEWER DEPARTMENT

DESIGN / PERFORMANCE -- PRIOR TO ISSUANCE OF BUILDING PERMIT W1. Fire Service. The applicant shall install a new fire service and RPDA device connecting to the existing main on Lafayette. The size of the fire service shall be finalized during the permitting process. The service shall not be installed prior to Fire Department approval.

W2. Encroachment Permit. Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.

W3. Utility Design Plans. Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details.

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

W4. Utility Separations. Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.

W5. Separate Services. Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, ________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 12 of 15 fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.

W6. City Standard Meters and Backflows. All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.

W7. Existing Services. The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.

W8. On-Site Storm Drain Treatment. Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.

W9. Water Usage. Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).

W10. Landscaping. All the landscaping for the project shall comply with the California Water Conservation in Landscaping Act, Government Code Section 65591 et. seq. All plants shall be either California native or non-invasive, low water-using or moderate water-using plants. High water-using plants and nonfunctional turf are prohibited.

W11. Water Features. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features may be permanently connected to the City’s recycled water supply.

W12. Easements. Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement.

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

W13. Underground Fire Permit. Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000. A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.

DURING CONSTRUCTION
W14. City Standard Meters and Backflow Installation. No meters or backflows shall be installed prior to establishment of water service account with the Municipal Services Division of the Finance Department.

The applicant shall provide a copy of the account information to the Water and Sewer Utilities Department Inspector and Meter Shop prior to installation of any meter or backflow. All meters and backflows ________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 13 of 15 approved for installation shall be tested prior to use. Water service connections shall not be used prior to authorization by the Water and Sewer Utilities inspector.

W15. Construction Water. This project shall use recycled water for all construction water needs for onsite and offsite construction.

W16. Water Shortage Response Actions. Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.

Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
a. prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control.
b. restrict the use of potable water used for construction and dust control if recycled water is available.

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

PRIOR TO FINAL OF BUILDING PERMIT
W17. Record Drawings. Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.

W18. Conditional Releases. The applicant shall comply with all the requirements of any building permit conditional release requirements.

POST FINAL OF BUILDING PERMIT
W19. Additional Non-domestic Water Use. Although the Heavy Industrial Land Use allow for more intensive manufacturing than this project had proposed, no additional use of water on this site is permitted without prior approval of the Water and Sewer Utilities Department. Any tenant improvements that propose an expansion of existing water use or introduces additional nondomestic water use shall be required to use Recycled Water and convert any existing nondomestic water use to Recycled Water. These conditions shall be applied to subsequent permits for the site.

W20. Recycled Water Use. Pursuant to Chapter 13.15, Water, Article IV. Regulation of Recycled Water Service and Use, of the Municipal Code, the project is required to use recycled water for all non-potable uses where recycled water is made available and where provided for by Recycled Water regulations.

This project is required to extend and connect to the City’s existing Recycled Water System.

W21. Onsite Recycled Water Review. The applicant shall submit all completed SBWR Proposed Use Request Applications to the Compliance Division of Water and Sewer Utilities at [email protected] for review and approval. All on-site recycled water plans shall be reviewed, approved, and signed by the City of Santa Clara, SBWR, and Department of Drinking Water. All three entities must individually review and approve a plan set for Final Approval. Contact the Compliance Division of Water and Sewer Utilities via email or by phone at (408) 615-2002 for more information.

W22. Recycled Water Design. Each Recycled Water land use (irrigation, dual-plumbing, cooling system, industrial processes, etc.) shall have a separate metered service connection to the main. Applicant shall ________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 14 of 15 verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.

W23. On-site Recycled Water Construction. Construction and installation of all on-site recycled water system equipment shall not begin until the Compliance Division of Water and Sewer Utilities has approved the on-site recycled water design. Please note on-site designs are generally not the same as the Building Permit plans. On-site recycled water plans require SBWR and California State Water Resources Control Board, Division of Drinking Water signatures for final approval.

W24. On-site Recycled Water Inspection. Inspections are required at all on-site recycled water systems being installed prior to backfilling trenches or cover in walls and ceilings. Request a recycled water inspection by email [email protected] or call (408) 615-2002. Please provide the site location, SBWR project ID, and date and time preferences. These inspections are in addition to the Building Permit inspections.

W25. Onsite Recycled Water Compliance. An active onsite recycled water system is a regulated system that must continuously be in compliance with all State, SBWR and City code requirements and regulations. If this site receives recycled water in the future, the site shall always maintain a certified Site Supervisor and prevent any cross-connections from occurring between the onsite regulated RW system and the other plumbing systems, especially the domestic water system. The Site Supervisor for this site shall work with to the Compliance Division of Water and Sewer Utilities to remain in compliance and report any changes to the regulated system.

KEY:

G = General
P = Planning Division
BD = Building Division
H = Housing & Community Services Division
F = Fire Department
PR = Parks & Recreation Department
PD = Police Department
E = Engineering Division
Streets Division (Landscape, Solid Waste, and Stormwater) L = Landscape
SW = Solid Waste
ST = Stormwater
SVP = Silicon Valley Power
W = Water & Sewer Department
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 15 of 15

ACKNOWLEDGEMENT AND ACCEPTANCE OF CONDITIONS OF APPROVAL Permittee/Property Owner
The undersigned agrees to each condition of approval and acknowledges and hereby agrees to use the project property on the terms and conditions set forth in this permit.

Signature: _________________________________________________ Printed Name: _________________________________________________ Relationship to Property: _________________________________________________ Date: _________________________________________________ Pursuant to Santa Clara City Code 18.128.100, the applicant shall return this document to the Department, properly signed and dated, within 30-days following the date of the Acknowledgement.

PLN23-00208/ 2201 Lafayette Street (APN: 224-03-087)
Project Description: Action on a Rezone from PD – Planned Development to MH – Heavy Industrial and Variance for Parking for the property located at 2201 Lafayette Street
Project Site
General Plan
Zoning
  
TITLE

PROJECT TEAM

PROJECT DESCRIPTION

ABBREVIATION

DRAWING INDEX SYMBOL TABULATION VICINITY MAP

GENERAL NOTES
xxxxxxx
xxxxxx
x

FIRE DEPARTMENT NOTES
xxx

PARCEL MAP

(E) BUILDING 700 M
10 SHARED PARKING STALLS WITH

NEIGHBORS BUILDING
800 MATHEW ST. NEIGHBORING BUILDING
3 2
2201 LAFAYETTE
(E) HIGH VOLTAGE POLE
(E) DRIVE WAY
(E) PLANTER BOX
7 2
(E)CHAIN

LINK FENCE
2 PARKING SPACE TO BE

ELIMINATED PER AMMR TO

ALLOW FOR FIRE DEPARTMENTACCESS
PL: 78.97'
2 3
2 (E) PLANTER BOX

PROPOSED SITE PLAN
  
1 DEMOLISH EXISTING SIDEWALK AND REBUILD ACCORDING TO CITY STANDARDS 1 2

PARKING SPACES TO BE DEMOLISHED,PARKING VARIANCE TO BE SUBMITTED AND

REVIEWED BY THE PLANNING DEPARTMENT

SEPARATELY
2 2 2
2 1
2 2
3 DRIVEWAY TO BE DEMOLISHED AND

RECONSTRUCTED AS ADA APPROVED

SIDEWALK PER CITY STANDARDS
3 3
4 (E) STREETLIGHT TO REMAIN AND PROTECTED DURING CONSTRUCTION. 4 4
2 2
2 2
-
(E) BUILDING 700 M
800 MATHEW ST. NEIGHBORING BUILDING
2201 LAFAYETTE
(E) HIGH VOLTAGE POLE
(E) DRIVE WAY
(E) PLANTER BOX
(E)CHAIN

LINK FENCE
FDC
FS
PL: 78.97'
GARBAGE:
6 CUBIC
YARDS
RECYCLING:
96 GALLONS
PIV
WM
(E) PLANTER BOX
(E)CHAIN

LINK FENCE
FS
(N) FIRE SPRINKLER RISER
FDC
(N) FIRE DEPARTMENT

CONNECTION & PRESSURE

INDICATION VALVE

FIRE BACKFLOW

PREVENTION DEVICE
(N) WATER SUPPLY LINE FOR
(N) FIRE SPRINKLER. EXACT

SIZE & LOCATION WILL BE

DETERMINED BY THE FIRE

SPRINKLER COMPANY & FIRE
DEPARTMENT.
** (N) FIRE SERVICE SHALL
BE 1-INCH MINIMUM.
2% (1:20)

SLOPE IN ALL

DIRECTION
5% SLOPE IN
TRAVEL

DIRECTION

PIV (E)

DOMESTIC
WATER
BFP
WM
(E)WATER
METER
8% SLOPE IN
TRAVEL

DIRECTION
GARBAGE:
6 CUBIC
YARDS
RECYCLING:
96 GALLONS

PROPOSED SITE PLAN
  
1 (N) BIKE PARKING INSIDE THE BUILDING (SEE A-4.0)2

DEMOLISH EXISTING SIDEWALK AND REBUILD
ACCORDING TO CITY STANDARDS (ST-8 &ST-12) AND MATCH NEIGHBORING PARCEL

ON THE SOUTH SIDE
3 (N) FIRE RISER, BFP, FDC4 (N) BACKFLOW PREVENTOR5
(N) PER AMMR TO BE SUBMITTED IN

SEPARATE BUILDING PERMIT, FIRE HYDRANT

TO BE INSTALLED TO PROVIDE SPRINKLER
WATER SUPPLY TO 2201 LAFAYETTE, EXACT

LOCATION TO BE DETERMINED BY THE SCFD
6 (N) TRASH COLLECTION AREA PER
AGREEMENT WITH 700 MATHEW ST.

GARBAGE: (1) 6 CUBIC YARD BIN
RECYCLING: (1) 96 GALLON BIN
3 2
6 5
4 1
2 7 (N) ACCESSIBLE PARKING (A-2.2)
7 3
4 8 (E) STREETLIGHT TO REMAIN AND PROTECTED DURING CONSTRUCTION. 8 8
2 -
3 -
1 A2.2
11 9 (N) GRAVEL, ROCKS, AND DROUGHT RESISTANT PLANTS
9 9
11 10 LANDSCAPING STRIP11 BIKE RACK/ LOCKER
12 12
12 (E) ASPHALT
(E) BUILDING
10 SHARED PARKING STALLS WITH

NEIGHBORS BUILDING
800 MATHEW ST. NEIGHBORING BUILDING
3 2
2201 LAFAYETTE
(E) HIGH VOLTAGE POLE
(E) DRIVE WAY
(E) PLANTER BOX
7 2
(E)CHAIN

LINK FENCE
2 PARKING SPACE TO BE

ELIMINATED PER AMMR TO

ALLOW FOR FIRE DEPARTMENTACCESS
PL: 78.97'
2 3
2 (E) PLANTER BOX

EXISTING SITE PLAN
  
(E) PARKING COUNTS: 15
1 DRIVEWAY TO BE DEMOLISHED
2 2

SIDEWALK TO BE DEMOLISHED AND REBUILT

TO MATCH NEIGHBORING PARCEL ON THE

SOUTH SIDE
3 3
1 3 PARKING SPACE TO BE DEMOLISHED
3 3
-
4 (E) STREETLIGHT TO REMAIN AND PROTECTED DURING CONSTRUCTION. 4 (E) BUILDING
800 MATHEW ST. NEIGHBORING BUILDING
2201 LAFAYETTE
(E) HIGH VOLTAGE POLE
(E) DRIVE WAY
(E) PLANTER BOX
(E)CHAIN

LINK FENCE
(E)CHAIN LINK FENCE
FDC
FS
2% (1:20) SLOPE IN

ALL DIRECTION
4" WIDE PAINTED BLUE BORDER LINE

STRIPE BLUE OR WHITE
5% (1:20) SLOPE IN

TRAVEL DIRECTION
PL: 78.97'
GARBAGE:
6 CUBIC
YARDS
RECYCLING:
96 GALLONS

TRUNCATED DOME

EMBEEDED IN

ASPHALT
2% (1:20)

SLOPE IN ALL

DIRECTION
5% SLOPE IN
TRAVEL

DIRECTION
PIV
WM
8% SLOPE IN
TRAVEL

DIRECTION
2% (1:20) SLOPE IN

ALL DIRECTION
4" WIDE PAINTED BLUE BORDER LINE STRIPE BLUE OR WHITE
5% (1:20) SLOPE IN

TRAVEL DIRECTION

TRUNCATED DOME

EMBEEDED IN

ASPHALT

PROPOSED SITE PLAN
  1  (N)SIDEWALK PER CITY STANDARDS 1 2 (N) ACCESSIBLE PARKING
2 (N) PARKING COUNTS

USE RATIO AREA(SF) REQUIRED
STORAGE 1:2,000 9,991 5

PROPOSED
7 HEAVY
INDUSTRUAL 1:1,000 13,022 13
TOTAL 18
PROPOSED PARKING COUNT IS LESS THAN REQUIRED PER 2022 SANTA CLARA ZONING CODE, VARIANCE WILL APPLIED UNDER BUILDING PERMIT. 3 (E) STREETLIGHT TO REMAIN AND PROTECTED DURING CONSTRUCTION. 3 2
-
2% (1:20) SLOPE IN

ALL DIRECTION
4" WIDE PAINTED BLUE BORDER LINE STRIPE BLUE OR WHITE
5% (1:20) SLOPE IN

TRAVEL DIRECTION
GAR RECYCLING:

TRUNCATED DOME

EMBEEDED IN

ASPHALT
(E)ACCESSIBLE PARKING

AND SIGNAGE DETAILS
℄
________
________
²
∅


PROPOSED SITE PLAN
  

FIRE HOSE
ELECTRICAL PANEL #2
ELECTRICAL PANEL #3

ROLL-UP DOOR

STEEL I BEAM FIRE HOSE FIRE HOSE
ELECTRICAL PANEL #1

ROLL-UP DOOR

CHANGE OPENING

DIRECTION OF DOOR
AREA: 7437
HEAVY

INDUSTRIAL

EXISTING BUILDING PLAN
  
OPEN
OPEN
(E) ROLL-UP DOOR
(E) RESTROOMS
(E) RESTROOMS
(E) ROLL-UP DOOR
(E) ROLL-UP DOOR
(E) ROLL-UP DOOR
(E) RESTROOMS
(E) ROLL-UP DOOR
(E) ROLL-UP DOOR
(E) BUILDING INTERIOR

ELEVATIONS
  
(E) ROLL-UP DOOR
(E)ELECT GEAR
(E)FIRE RISER
(E)STUCCO FINISH PAINT
(E) STUCCO FINISH PAINT
(E) CONCRETE BLOCK

WALL PAINTED
(E) CONCRETE BLOCK WALL PAINTED
(E) CONCRETE

BLOCK WALL
(E)LANDSCAPE CURB
(E)DOWNSPOUT
(E)FIRE RISER
(E)STUCCO FINISH PAINT
(E) STUCCO FINISH PAINT
(E) CONCRETE BLOCK WALL (E) CONCRETE

BLOCK WALL

PAINTED
(E) CONCRETE BLOCK WALL PAINTED
(E) CONCRETE

BLOCK WALL
(N)FIRE RISER
(N)FIRE BACKFLOW

PREVENTOR
(E) DOMESTIC WATER
(E)BUILDING EXTERIOR

ELEVATIONS


Overview of Tenant Using Space at 2201 Lafayette, Santa Clara AIG-Tech is an engineering company that provides services in factory automation, contract, manufacturing, and operating small machine shops. Additional details are below.

AIG-Tech will use 2201 Lafayette as follows:
 Employees: About 15
 Time of Operation at 2201 Lafayette: 8:00 AM to 6:00 PM, Monday to Friday (including sometimes on the weekend or later to meet deadlines.
 Operations –AIG Tech, here in the US, is a service company that provides engineering services for mechanical, electrical, and software. Our focus is on factory automation and controls of specified equipment. From design to assembly and test for customized equipment per customer specification. We designed and built systems for different industries based on what the customer needed to help produce their products. We manufacture the equipment the customer orders after each design and prototyping is approved and tested. We are also a UL508A panel shop, so we also build control panels/box build based on customer needs. We manufacture small batches of equipment’s electrical panels per customer need. Those equipment/systems are shown in our website gallery.

About Us
At AIG-Tech, we continue to strive in order to provide
our customers with the best professional services and
cutting-edge solutions. Our mission is to increase
productivity with a cost-effective solution through
innovative culture and total commitment to exceed
customers’ expectations.

In 2009, AIG-Tech was named as one of "America's
Fastest Growing Private Companies" and a "Top
Engineering Firm" nationwide by Inc. 500 Magazine.
 We provide outstanding values through the practical and innovative applications of the art of technologies.
 Maintaining focus on our core business of providing automated manufacturing solutions to companies in diverse industries.
 Developing long term relationship with customers.
 Enhancing our ability to serve customers by utilizing our technological strengths to manufacture high quality component parts and assemblies, and provide related services.  Creating a distinct, high-performance workplace where all employees build success for their customers and for their careers.

About us_ AIG-Tech Vietnam (supporting company in VN)
AIG – Tech Vietnam was established in 2006, just before Vietnam joined the World Trade Organization (WTO) in 2007. Vietnam has been opened its markets to the world so as AIG-Tech. We have had provided low-cost engineering services to our customers here in the USA and other parts of the world.

At the turn of 2010, after the completion of building up AIG Tech engineering group, AIG-Tech is now starting to provide a full low cost turnkey solutions to our customer by providing fabrication, manufacturing and full system integration in Vietnam. Due to the different time zone, AIG-Tech work 24 hours per day to provide the best services for our customers. We achieve faster development cycles and reduced product costs by bridging our overseas engineering and integration. With this bridge, the design and turnkey equipment will be at the lowest possible cost, engineering and manufacturing capabilities ensure the competitively priced, from building prototypes to high volume manufacturing with a very low-price tag.

All projects are managed and channeled through AIG-USA, our customer only need to work with head quarter in the USA for all projects with no time zone conflict. All coordination between the customers and projects in Vietnam will be handled in the USA.

Beside engineering services and supports, AIG-Tech Int’l (Vietnam) also provides:
 Fabrication
 Manufacturing
 Assembly
 Integration and final test
 Machining
 Sheet-metal fabrication
 Mold injection
 Mass production of products
Applied Innovation Group
 We work continuously to improve our process and strengthen our design and manufacture ability to meet customers’ requests.
 Established in 2004 at the heart of Silicon Valley, Applied Innovation Group Inc (AIG-Tech) is one of the most trusted and reliable sources for your product engineering development and manufacturing needs.

We started out as a family and friendship business. However, with the different demands of the growth of technology markets, our company has been expanding since then. We offer manufacture and services for all kinds of fields – from automobile, medical, food, and semiconductor to robotics industries. We offer total solutions for your equipment from strategic planning to complete turnkey solutions for original equipment manufacturer (OEMs) and original design manufacture (ODMs).

Customer Focus
 We think of you first with intimacy and absolute commitment to your success. We work closely with you to understand your needs, and using innovative technologies to provide not only the right solutions but a long term and trusted partnership. o Customer focus
o Total support and feedback
o Absolute satisfaction
Innovation/R&D
 Innovation is our essential constituent. At AIG-Tech, we partner with our clients as they enter new markets around the world. As they continuously look for pathways to become more competitive while improving profit, they call us for engineering custom turnkey automation solutions that enhance product quality, quantity, lower defect rates, eliminate waste and increase productivity.

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO APPROVE A REZONING FROM PLANNED DEVELOPMENT
(PD) TO HEAVY INDUSTRIAL (HI) TO ALLOW THE PROPOSED
USE OF HEAVY INDUSTRIAL AT 2201 LAFAYETTE STREET,

SANTA CLARA
(File No. PLN23-00208- Rezoning)
WHEREAS, on August 22, 2023, John Ha with Innovative Design Architecture (“Applicant”), on behalf of Cindy Cheng with Vista Grande Investment, LLC (“Owner”) filed an application (PLN23- 00208) requesting a rezoning for the property located at 2201 Lafayette Street (APN: 224-03-087) (“Project Site”) in the City of Santa Clara;
WHEREAS, the General Plan land use designation for the Project Site is Heavy Industrial; WHEREAS, the Project Site is zoned Planned Development (PD); WHEREAS, the Project Site is developed with an industrial building that was previously occupied with Union Stone, a construction materials retail showroom and warehouse; WHEREAS, the Property Owner applied to rezone the Project Site from Planned Development (PD) to Heavy Industrial (HI) to allow the existing building to be used for a heavy industrial business (“Project”) as shown on the development plans, attached hereto and incorporated herein by reference;
WHEREAS, the Project is Categorically Exempt from formal environmental review per Section 15301, Class 1 “Existing Facilities” of the Guidelines of the California Environmental Quality Act (“CEQA”), which applies to small additions and minor modifications to existing facilities involving negligible or no expansion of the existing or former use. Here, the proposal involves a minor tenant improvement without changing the building footprint and minor site improvements and would represent a negligible expansion of the prior use; Resolution/ 2201 Lafayette Street - Rezoning Page 4 of 4 Rev. / Typed 12-2-22
WHEREAS, on October 30, 2024, a notice of the public hearing on the proposed Rezoning was published in the The Weekly, a newspaper of general circulation for the City, for the City Council Hearing to be conducted on November 12, 2024;
WHEREAS, on October 31, 2024, the notice of meeting date for this item was mailed to property owners within a 500-foot radius of the Project Site for the City Council hearing on November 12, 2024; and,
WHEREAS, on November 12, 2024, the City Council held a duly noticed public hearing to consider the rezoning application, at which time all interested persons were given an opportunity to give testimony and the City Council considered the information presented in the Staff Report and all verbal and written evidence.

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

1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
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Resolution/ 2201 Lafayette Street - Rezoning Page 4 of 4 Rev. / Typed 12-2-22

2. That the City Council hereby approves rezoning the Project Site from Planned Development (PD) to Heavy Industrial (HI) to allow the existing buildings on the project site to be used for a heavy industrial business, as depicted on the attached Illustration Plan, incorporated herein by this reference.

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

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

PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE12TH DAY OF NOVEMBER 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. Development Plans
Resolution/ 2201 Lafayette Street - Variance Page 1 of 4 Rev. / Typed 12-2-22
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA CLARA, CALIFORNIA, APPROVING A VARIANCE FOR

PARKING AND FRONT SETBACK LANDSCAPING TO ALLOW
THE PROPOSED HEAVY INDUSTRIAL USE AT 2201

LAFAYETTE STREET, SANTA CLARA
(File No. PLN23-00208 - Variance)
WHEREAS, on August 22, 2023, John Ha with Innovative Design Architecture (“Applicant”), on behalf of Cindy Cheng with Vista Grande Investment, LLC (“Owner”) filed an application (PLN23- 00208) requesting a Variance for the property located at 2201 Lafayette Street (APN: 224-03- 087) (“Project Site”) in the City of Santa Clara;
WHEREAS, the General Plan land use designation for the Project Site is Heavy Industrial; WHEREAS, the Project Site is zoned Planned Development (PD); WHEREAS, the with the adoption of the comprehensive Zoning Code Update, all sections except for Article 2, Zones, Allowable Uses, and Development Standards, went into effect on February 8, 2024, and Article 2 went into effect on August 15, 2024, when the updated Zoning map became effective.

WHEREAS, Zoning Code Section 18.02.070 - Effect of Zoning Code Amendments on Projects in Progress, states that all planning permit applications that are active and that have been determined by the Project Clearance Committee to be complete before the effective date of the Zoning Code, shall be processed in compliance with the requirements in effect when the application was deemed complete.

WHEREAS, this application was deemed complete on July 30, 2024; therefore, the project was reviewed based on the standards of the City’s prior zoning code (the “Classic Code”) for setbacks and landscaping; and
WHEREAS, the project is subject to the parking regulations of the updated Zoning Code (2024).

Resolution/ 2201 Lafayette Street - Variance Page 2 of 4 Rev. / Typed 12-2-22
WHEREAS, the Project Site is developed with an industrial building that was previously occupied with Union Stone, a construction materials retail showroom and warehouse; WHEREAS, the Property Owner has submitted an application for a Variance (“Project”) to Chapter 18.38 of the City Code for reduced parking of seven spaces where 18 parking spaces are required to allow the existing buildings to be used for a heavy industrial business; WHEREAS, the Planning Commission recommended that the existing ADA parking space located in the front setback remain, which requires a variance from the “Classic” Zoning Code Section

18.50.120(a), Open Landscape Area, as parking would be located within the area where 10 feet of front setback landscaping is required.

WHEREAS, the Project is Categorically Exempt from formal environmental review per Section 15301, Class 1 “Existing Facilities” of the Guidelines of the California Environmental Quality Act (“CEQA”), which applies to small additions and minor modifications to existing facilities involving negligible or no expansion of the existing or former use. Here the proposal involves a minor tenant improvement without changing the building footprint and minor site improvements and would represent a negligible expansion of the prior use;
WHEREAS, on October 31, 2024, the notice of meeting date for this item was mailed to property owners within a 500-foot radius of the Project Site for the City Council hearing on November 12, 2024; and,
WHEREAS, on November 12, 2024, the City Council held a duly noticed public hearing to consider the Variance application, during which the City Council invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the proposed Variance.

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

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

Resolution/ 2201 Lafayette Street - Variance Page 3 of 4 Rev. / Typed 12-2-22

2. That the City Council hereby approves a Variance to the Heavy Industrial parking regulations to allow the existing building on the project site to be used for a heavy industrial business; and a Variance from the front setback landscape standards as depicted on the attached Illustration Plan and subject to the attached Conditions of Approval, all of which are incorporated herein by this reference.

3. That pursuant to SCCC Section 18.124.050, the City Council hereby makes the following findings related to the Variance request:

C. That approving the Variance would not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated, in that the project utilizes the existing footprint of the industrial buildings to establish a heavy industrial business consistent with the General Plan land use designation of Heavy Industrial.

D. That the granting of the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the subject property, in that the Resolution/ 2201 Lafayette Street - Variance Page 4 of 4 Rev. / Typed 12-2-22
proposal would allow the adaptive reuse of the existing vacant industrial building, site improvements and better connectivity to the neighborhood.

4. Effective date. This project comprises two entitlements: the variance approved by this resolution, and a separate rezoning to be approved by the City Council. This resolution shall become effective only if the City Council approves the rezoning on or before July 31, 2025. If the City Council declines to approve the rezoning on or before July 31, 2025, this resolution shall be null and void. If the City Council approves the rezoning on or before July 31, 2025, then this resolution shall become effective on the effective date of the rezoning.

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

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 12th DAY OF NOVEMBER 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. Conditions of Approval

2. Development Plans
Resolution/ 2201 Lafayette Street - Variance Page 1 of 4 Rev. / Typed 12-2-22
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA CLARA, CALIFORNIA, APPROVING A VARIANCE FOR

PARKINGTO ALLOW THE PROPOSED HEAVY INDUSTRIAL
USE AT 2201 LAFAYETTE STREET, SANTA CLARA
(File No. PLN23-00208 - Variance)
WHEREAS, on August 22, 2023, John Ha with Innovative Design Architecture (“Applicant”), on behalf of Cindy Cheng with Vista Grande Investment, LLC (“Owner”) filed an application (PLN23- 00208) requesting a Variance for the property located at 2201 Lafayette Street (APN: 224-03- 087) (“Project Site”) in the City of Santa Clara;
WHEREAS, the General Plan land use designation for the Project Site is Heavy Industrial; WHEREAS, the Project Site is zoned Planned Development (PD); WHEREAS, the Project Site is developed with an industrial building that was previously occupied with Union Stone, a construction materials retail showroom and warehouse; WHEREAS, the Property Owner has submitted an application for a Variance (“Project”) to Chapter 18.38 of the City Code for reduced parking of seven spaces where 18 parking spaces are required to allow the existing buildings to be used for a heavy industrial business; WHEREAS, the Project is Categorically Exempt from formal environmental review per Section 15301, Class 1 “Existing Facilities” of the Guidelines of the California Environmental Quality Act (“CEQA”), which applies to small additions and minor modifications to existing facilities involving negligible or no expansion of the existing or former use. Here the proposal involves a minor tenant improvement without changing the building footprint and minor site improvements and would represent a negligible expansion of the prior use;
WHEREAS, on October 31, 2024, the notice of meeting date for this item was mailed to property owners within a 500-foot radius of the Project Site for the City Council hearing on November 12, 2024; and,
Resolution/ 2201 Lafayette Street - Variance Page 2 of 4 Rev. / Typed 12-2-22
WHEREAS, on November 12, 2024, the City Council held a duly noticed public hearing to consider the Variance application, during which the City Council invited and considered any and all verbal and written testimony and evidence offered in favor of and in opposition to the proposed Variance.

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

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

2. That the City Council hereby approves the Variance to the Heavy Industrial parking regulations to allow the existing building on the project site to be used for a heavy industrial business; as depicted on the attached Illustration Plan and subject to the attached Conditions of Approval, all of which are incorporated herein by this reference.

3. That pursuant to SCCC Section 18.124.050, the City Council hereby makes the following findings related to the Variance request:

D. That the granting of the Variance will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the subject property, in that the proposal would allow the adaptive reuse of the existing vacant industrial building, site improvements and better connectivity to the neighborhood. //
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Resolution/ 2201 Lafayette Street - Variance Page 4 of 4 Rev. / Typed 12-2-22

4. Effective date. This project comprises two entitlements: the variance approved by this resolution, and a separate rezoning to be approved by the City Council. This resolution shall become effective only if the City Council approves the rezoning on or before July 31, 2025. If the City Council declines to approve the rezoning on or before July 31, 2025, this resolution shall be null and void. If the City Council approves the rezoning on or before July 31, 2025, then this resolution shall become effective on the effective date of the rezoning.

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

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 12th DAY OF NOVEMBER 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. Conditions of Approval

2. Development Plans
Overview of Tenant Using Space at 2201 Lafayette, Santa Clara AIG-Tech is an engineering company that provides services in factory automation, contract, manufacturing, and operating small machine shops. Additional details are below.

Operation Management
 We are committed to being the best-in-class on cost, quality and time-to-market. At AIG-Tech, we work continuously to improve our process and strengthen our design and manufacture ability to meet the customer needs.
o Expertise engineering
o Systematic process
o Quality process
o Proven track record
________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 1 of 15 Conditions of Approval for Rezoning and Variance
PLN23-00208/ 2201 Lafayette Street (APN: 224-03-087)
Project Description: Action on a Rezone from PD – Planned Development to MH – Heavy Industrial and Variance for Parking for the property located at 2201 Lafayette Street

G7. Building Codes as Amended. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.

G9. Comply with all applicable codes, regulations, ordinances and resolutions.

Minimum screen height or parapet depth shall be five feet or greater to match the height of any proposed equipment.

P5. Construction Trash/Debris. During construction activities, the owner or designee is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.

For smaller projects that are not moving soil at all, a Phase I environmental assessment may be adequate. Please contact Assistant Fire Marshal Fred Chun at [email protected] for more information.

F3. Fire Department Access. Prior to issuance of the Building Permit, a gate permit is required to obtained.

F7. Any road designated as a fire department access road will be recorded as an emergency vehicle access easement.

PUBLIC WORKS DEPARTMENT - ENGINEERING

E8. Encroachment Permit. Existing streetlights shall be clear of proposed sidewalk, developer shall relocate as necessary.

E10. Encroachment Permit. Reconstruct portion of southern property frontage to match new proposed frontage.

TRAFFIC

TR4. Encroachment Permit. Design and construct driveway in accordance with City Standard Detail ST-8.

TR5. Building Permit. Non-residential bicycle parking shall be 2 Class I spaces and 4 Class II spaces per 2019 California Building Code 5.106.4
TR6. Building Permit. Class I and Class II bicycle parking, as defined in SCMC 18.74.075, shall be conveniently accessible from the street, within 200 feet of a building entrance and/or highly visible areas.

STREETS DIVISION
Right of Way Landscape
L.1 Applicant to plant a 24 inch-box tree in landscape strip with root barrier– keep 6 feet away from any utilities. Tree to be maintained by property owner. Tree to be hand watered – 10 gallons per week at ________________________________________________________________________________ Planning Commission Approval date: Hearing September 11, 2024 Page 7 of 15 drip line (deep watering) until tree is established. Approved trees: Scarlett Oak, Red Maple, or Crape Myrtle.

Solid Waste