Findings of the PHDSP FEIR
Historic Resources
While the PHDSP FEIR did not identify any buildings listed on a local, state, or federal HRI, the analysis concluded that properties or features within the PHDSP area could potentially meet the CEQA definition of a historic resource in the future, as the plan would be built out over a number of years and structures could become historically significant with sufficient passage of time. Therefore, future projects under the PHDSP may cause substantial adverse changes in the significance of a historic resource and impacts would be significant. The following mitigation measure was included in the PHDSP FEIR to reduce impacts to historic resources.
Mitigation Measure 7-1: For any individual project within the Patrick Henry Drive Specific Plan Area that the City determines may involve a property that contains a potentially significant historic resource, the resource shall be assessed by a professional who meets the Secretary of the Interior's Professional Qualifications Standards to determine whether the property is a significant historic 4590 Patrick Henry Residential Project 56 Focused Initial Study City of Santa Clara April 2024
resource and whether or not the project may have a potentially significant adverse effect on the historic resource. If, based on the recommendation of the qualified professional, the City determines that the project may have a potentially significant effect, the City shall require the applicant to implement the following mitigation measures:
(a) Adhere to at least one of the following Secretary of the Interior’s Standards:14
• Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings; or
• Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
The qualified professional shall make a recommendation to the City as to whether the project fully adheres to the Secretary of the Interior’s Standards, and any specific modifications necessary to do so. The final determination as to a project's adherence to the Standards shall be made by the City body with final decision-making authority over the project. Such a determination of individual project adherence to the Secretary of the Interior’s Standards will constitute mitigation of the project historic resource impacts to a less-than-significant level (CEQA Guidelines section 15064.5). (b) If measure (a) is not feasible, the historic resource shall be moved to a new location compatible with the original character and use of the historic resource, and its historic features and compatibility in orientation, setting, and general environment shall be retained, such that a substantial adverse change in the significance of the historic resource is avoided.15 Implementation of measure (b) would reduce the impact to a less-than-significant level.
14 Under the CEQA Guidelines (section 15064.5[b][3]), a project's adverse impact on a historic resource generally can be mitigated to a less-than-significant level by following either of these standards. 15 One example of a substantial adverse change would be the loss of eligibility for listing on the California Register.
The State Historical Resources Code encourages the retention of historic resources on-site and discourages the non-historic grouping of historic buildings into parks or districts. However, it is recognized that moving a historic building, structure, or object is sometimes necessary to prevent its destruction. Therefore, a moved building, structure, or object that is otherwise eligible may be listed in the California Register if it was moved to prevent its demolition at its former location and if the new location is compatible with the original character and use of the historic resource. A historic resource should retain its historic features and compatibility in orientation, setting, and general environment. (California Office of Historic Preservation, California Register and National Register: A Comparison, Technical Assistance Series 6; Sacramento, CA: California Department of Parks and Recreation, 2001) 4590 Patrick Henry Residential Project 57 Focused Initial Study City of Santa Clara April 2024
If neither measure (a) nor measure (b) is feasible, then the City shall, as applicable and to the extent feasible, implement the following measures in the following order:
(c) Document the historic resource before any changes that would cause a loss of integrity and loss of continued eligibility. The documentation shall adhere to the Secretary of the Interior's Standards for Architectural and Engineering Documentation. The level of documentation shall be proportionate with the level of significance of the resource. The documentation shall be made available for inclusion in the Historic American Building Survey (HABS) or the Historic American Engineering Record (HAER) Collections in the Library of Congress, the California Historical Resources Information System (CHRIS), and the Bancroft Library, as well as local libraries and historical societies. (d) Retain and reuse the historic resource to the maximum feasible extent and continue to apply the Secretary of the Interior’s Standards to the maximum feasible extent in all alterations, additions, and new construction.
(e) Through careful methods of planned deconstruction to avoid damage and loss, salvage character-defining features and materials for educational and interpretive use on-site, or for reuse in new construction on the site in a way that commemorates their original use and significance.
(f) Interpret the historical significance of the resource through a permanent exhibit or program in a publicly accessible location on the site or elsewhere within the Specific Plan Area.
Implementation of measures (b), (c), (d), (e), and/or (f) would reduce a significant impact on historic resources, but not to a less-than-significant level. Without knowing the characteristics of the potentially affected historic resource or of the future individual development proposal, the City cannot determine with certainty that measure (a) or (b) above would be considered feasible.
Even with implementation of Mitigation Measure 7-1, the PHDSP FEIR concluded historical resource impacts would be significant and unavoidable because it cannot be guaranteed any of the measures in Mitigation Measure 7.1 would reduce impacts to historic resources to less than significant. 4590 Patrick Henry Residential Project 58 Focused Initial Study City of Santa Clara April 2024
Archaeological Resources, Human Remains, and Tribal Cultural Resources The PHDSP FEIR concluded that construction of the proposed development under the PHDSP could disturb unrecorded sensitive archaeological resources or TCRs which would result in a significant impact. The PHDSP included the following mitigation to reduce impacts to archaeological resources, human remains, and TCRs.
Mitigation Measure 7-2: During the City’s standard project-specific review process for all future, discretionary, public improvement and private development projects in the Patrick Henry Drive Specific Plan Area, the City shall determine the possible presence of, and the potential for new or substantially more severe impacts of the action on, archaeological resources and tribal cultural resources. The City shall require individual project applicants or environmental consultants to contact the California Historical Resources Information System (CHRIS) to determine whether the particular project is located in a sensitive area.
Future discretionary development projects that CHRIS determines may be located in a sensitive area - i.e., on or adjoining an identified archaeological/tribal cultural resources site – shall proceed only after the project applicant contracts with an archaeologist/Tamien Nation representative who meets the Secretary of the Interior’s Professional Qualifications Standards, to conduct a determination in regard to cultural values remaining on the site and warranted mitigation measures, as described directly below.
In general, to make an adequate determination in these instances, the archaeologist/Tamien Nation Representative shall conduct a preliminary field inspection to (1) assess the amount and location of visible ground surface, (2) determine the nature and extent of previous impacts, and (3) assess the nature and extent of potential impacts. Such field inspection may demonstrate the need for some form of additional subsurface testing (e.g., excavation by auger, shovel, or backhoe unit) or, alternatively, the need for on-site monitoring of subsurface activities (i.e., during grading or trenching).
In addition, the City shall continue to notify the Native American tribes traditionally and culturally affiliated with the Specific Plan Area of the discretionary, public improvement and private development projects if those proposed improvements or projects are subject to a CEQA Negative Declaration (including Mitigated Negative Declaration) or Environmental Impact Report (EIR), in accordance with California Assembly Bill 52, and if a Native American tribe requests consultation, conduct a good faith consultation.
4590 Patrick Henry Residential Project 59 Focused Initial Study City of Santa Clara April 2024
Following field inspection and completion of all necessary phases of study as determined by the archaeologist/Tamien Nation representative and the City, damage to any identified archaeological/tribal cultural resources shall be avoided or mitigated to the maximum extent possible. Preservation in place to maintain the relationship between the artifact(s) and the archaeological/tribal cultural context is the preferred manner of mitigating impacts on an archaeological/tribal cultural resource site. Preservation may be accomplished by:
• Planning construction to avoid the archaeological or tribal cultural site; • Incorporating the site within a park, green space, or other open space element;
• Covering the site with a layer of chemically stable soil; or • Deeding the site into a permanent conservation easement.
When in-place mitigation is determined by the City to be infeasible, a data recovery plan, which makes provisions for adequate recovery of culturally or historically consequential information about the site (including artifacts discovered on the site), subject to review and approval by the City, shall be prepared and adopted prior to any excavation being undertaken. Such studies shall be submitted to the CHRIS Northwest Information Center. If Native American artifacts are indicated, the studies shall also be submitted to the Native American Heritage Commission (NAHC). CHRIS and NAHC are recognized as experts in their respective disciplines.
Identified cultural resources shall be recorded on form DPR 422 (archaeological sites). Mitigation measures recommended by these two groups (CHRIS and NAHC), as reviewed and approved by the City, shall be undertaken prior to and during construction activities. Although the precise details of the mitigation measures would be specific to the particular project site, the measures shall be consistent with the avoidance and mitigation strategies described above in this programmatic mitigation measure.
A data recovery plan and data recovery for a historic resource shall not be required if the City determines that testing or studies already completed have adequately recovered the necessary data, provided that the data have already been documented in an EIR or are available for review at the CHRIS Northwest Information Center (CEQA Guidelines section 15126.4[b]).
Resource identification training procedures shall be implemented for construction personnel, conducted by an archaeologist/Tamien Nation representative who meets the Secretary of the Interior’s Professional Qualifications Standards. In the event that subsurface cultural resources are 4590 Patrick Henry Residential Project 60 Focused Initial Study City of Santa Clara April 2024
otherwise encountered during approved ground-disturbing activities for a Plan Area construction activity, work within 50 feet shall be stopped and a qualified archaeologist/Tamien Nation representative retained to evaluate the finds following the procedures described above. Project personnel shall not collect cultural resources. Although work may continue beyond 50 feet, the archaeologist/Tamien Nation representative shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to archaeological/tribal cultural resources.
If human remains are found, the rules set forth in State Health and Safety Code section 7050.5 and CEQA Guidelines section 15126.4(b) apply and shall be followed.
The PHDSP FEIR concluded that implementation of Mitigation Measure 7-2 would reduce impacts related to the unanticipated discovery of archaeological resources (including TCRs and human remains) to a less than significant level.
Impacts Resulting from the Proposed Project
a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines Section 15064.5?
As described in the PHDSP FEIR, no buildings within the PHDSP area are listed as historical resources on a local, state, or federal level. The minimum threshold for eligibility as a historic resource is any structure at least 50 years old. The only potential impacts to historical resources identified in the FEIR were hypothetical impacts to buildings that are currently less than 50 years old. Due to the long duration of the PHDSP, buildings within the PHDSP may be considered historic at the time of redevelopment.
The existing building on-site was built in 199016 and does not meet the threshold for historic resources. Therefore, redevelopment of the project site would not physically damage or materially impair the integrity of any historic building. Construction of the proposed project would not impact any designated or eligible historic structures. As a result, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified historic resource impacts. [Less Impact than Approved Project (Significant Unavoidable Impact with Mitigation Incorporated)]
b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5? 16 PES Environmental, Inc. Phase I Environmental Site Assessment. September 19, 2019. 4590 Patrick Henry Residential Project 61 Focused Initial Study City of Santa Clara April 2024
The project site was used for agricultural purposes until 1990 (when the current building was built).
The Archaeological Sensitivity Assessment determined that the project would be unlikely to have buried historic archaeological deposits. The project site was, however, determined to have moderate potential for encountering buried Native American archaeological deposits. Therefore, the project would be required to comply with Mitigation Measure 7-2 in the event archaeological resources are encountered during ground-disturbing activities. The proposed project is consistent with the development projections of the PHDSP FEIR and therefore, implementation of the project would not result in any new impacts or substantially increase the severity of the previously identified archaeological resource impacts. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)]
c) Would the project disturb any human remains, including those interred outside of dedicated cemeteries?
The project would not include any substantial excavations (except for trenching for utilities) since no below-grade parking is proposed. Nevertheless, construction activities on-site could result in the exposure or destruction of as yet undiscovered human remains. If human remains are encountered, the project would be required to comply with the rules set forth in State Health and Safety Code section 7050.5 and CEQA Guidelines section 15126.4(b) per Mitigation Measure 7-2 of the PHDSP FEIR. For this reason, the project would not result in any new impacts or substantially increase the severity of the previously identified impact to human remains. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)] d) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
(1) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or (2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
As mentioned previously, the City of Santa Clara notified the Native American tribes traditionally and culturally affiliated with the PHDSP area as a part of the PHDSP FEIR preparation. No comments were received by the City, nor was there any request for consultation. Consistent with Mitigation Measure 7-2 of the PHDSP FEIR, the project applicant would be required to contract with an archaeologist/Tamien Nation representative who meets the Secretary of the Interior’s Professional Qualifications Standards, to determine if cultural resources are present on-site and identify 4590 Patrick Henry Residential Project 62 Focused Initial Study City of Santa Clara April 2024
mitigation measures (if warranted). Additionally, as required by Mitigation Measure 7-2 of the PHDSP FEIR, the City shall continue to notify the Native American tribes traditionally and culturally affiliated with the PHDSP area of the discretionary public improvement and private development projects if those proposed improvements or projects are subject to a CEQA Negative Declaration (including Mitigated Negative Declaration) or Environmental Impact Report (EIR), in accordance with California Assembly Bill 52, and conduct consultation if requested. With implementation of the identified mitigation from the PHDSP FEIR, the project would not result in any new impacts or substantially increase the severity of the previously identified tribal cultural resources impact. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)] 4590 Patrick Henry Residential Project 63 Focused Initial Study City of Santa Clara April 2024
Geology and Soils
The following discussion is based upon a Geotechnical Investigation prepared by Langan Engineering and Environmental Services, Inc. (Langan) in August 2023. A copy of the report is attached in Appendix D.
4.5.1 Environmental Setting
Regulatory Framework
State
Alquist-Priolo Earthquake Fault Zoning Act
The Alquist-Priolo Earthquake Fault Zoning Act was passed following the 1971 San Fernando earthquake. The act regulates development in California near known active faults due to hazards associated with surface fault ruptures. Alquist-Priolo maps are distributed to affected cities, counties, and state agencies for their use in planning and controlling new construction. Areas within an Alquist-Priolo Earthquake Fault Zone require special studies to evaluate the potential for surface rupture to ensure that no structures intended for human occupancy are constructed across an active fault.
Seismic Hazards Mapping Act
The Seismic Hazards Mapping Act (SHMA) was passed in 1990 following the 1989 Loma Prieta earthquake. The SHMA directs the California Geological Survey (CGS) to identify and map areas prone to liquefaction, earthquake-induced landslides, and amplified ground shaking. CGS has completed seismic hazard mapping for the portions of California most susceptible to liquefaction, landslides, and ground shaking, including the central San Francisco Bay Area. The SHMA requires that agencies only approve projects in seismic hazard zones following site-specific geotechnical investigations to determine if the seismic hazard is present and identify measures to reduce earthquake-related hazards.
California Building Standards Code
The CBC prescribes standards for constructing safe buildings. The CBC contains provisions for earthquake safety based on factors including occupancy type, soil and rock profile, ground strength, and distance to seismic sources. The CBC requires that a site-specific geotechnical investigation report be prepared for most development projects to evaluate seismic and geologic conditions such as surface fault ruptures, ground shaking, liquefaction, differential settlement, lateral spreading, expansive soils, and slope stability. The CBC is updated every three years. 4590 Patrick Henry Residential Project 64 Focused Initial Study City of Santa Clara April 2024
California Division of Occupational Safety and Health Regulations Excavation, shoring, and trenching activities during construction are subject to occupational safety standards for stabilization by the California Department of Industrial Relations, Division of Occupational Safety and Health (Cal/OSHA) under Title 8 of the California Code of Regulations and Excavation Rules. These regulations minimize the potential for instability and collapse that could injure construction workers on the site.
Paleontological Resources Regulations
Paleontological resources are the fossilized remains of organisms from prehistoric environments found in geologic strata. They range from mammoth and dinosaur bones to impressions of ancient animals and plants, trace remains, and microfossils. These are valued for the information they yield about the history of the earth and its past ecological settings. The California Public Resources Code (Section 5097.5) specifies that unauthorized removal of a paleontological resource is a misdemeanor. Under the CEQA Guidelines, a project would have a significant impact on paleontological resources if it would disturb or destroy a unique paleontological resource or site or unique geologic feature. Paleontological resources are fossils, the remains or traces of prehistoric life preserved in the geologic record. They range from the well-known and well publicized (such as mammoth and dinosaur bones) to scientifically important fossils.
Local
City of Santa Clara 2010-2035 General Plan
General Plan policies applicable to geology and soils include, but are not limited to, the following listed below.
Policies Description
5.10.5-P5 Regulate development, including remodeling or structural rehabilitation, to ensure adequate mitigation of safety hazards, including flooding, seismic, erosion, liquefaction and subsidence dangers.
5.10.5-P6 Require that new development is designed to meet current safety standards and implement appropriate building code to reduce risks associated with geologic conditions.
5.10.5-P7 No Implement all recommendations and design solutions identified in project soils reports to reduce potential adverse effects associated with unstable soils or seismic hazards.
Santa Clara City Code
Title 15 of the Santa Clara City Code includes the City’s adopted Building and Construction Code.
These regulations are based on the CBC and include requirements for building foundations, walls, and seismic resistant design. Requirements for grading and excavation permits and erosion control are included in Chapter 15.15 Building Code. Requirements for building safety and earthquake reduction hazard are addressed in Chapter 15.55 Seismic Hazard Identification. 4590 Patrick Henry Residential Project 65 Focused Initial Study City of Santa Clara April 2024
Existing Conditions
Regional Geology
The project site is located in the Santa Clara Valley, a relatively flat alluvial basin, bounded by the Santa Cruz Mountains to the southwest, the Diablo Mountain Range to the east, and San Francisco Bay to the north. The Santa Clara Valley consists of a large structural basin containing alluvial deposits from the Diablo Range and Santa Cruz Mountains.
On-site Geologic Conditions
Topography and Soils
Soils on-site contain alluvial deposits that consist of clay and sandy clay with layers of clayey sand and silty sand with moderate expansion potential.17 There are no unique geological features on or adjacent to the project site and the topography of the project area is relatively flat.
Groundwater
Based on the Phase I Environmental Site Assessment (ESA)18 prepared for the site, groundwater in the vicinity of the site was estimated to range from 5.5 to 14 feet below the ground surface (bgs).
Groundwater levels fluctuate seasonally depending on variables including variations in rainfall, irrigation, and groundwater pumping.
Seismicity
The project site is located within the San Francisco Bay Area, the most seismically active region in the United States. As mentioned in the PHDSP FEIR, the PHDSP area is not located in an AlquistPriolo Special Study Zone, and no faults run through the PHDSP area or the City of Santa Clara.
The Hayward Fault is located approximately 5.0 miles east of Santa Clara and 7.0 miles east of the PHDSP area. The Calaveras fault is located approximately 7.0 miles east of the City and approximately 11 miles east of the PHDSP area. The San Andreas fault is located approximately 7.0 miles west of the City and approximately 12 miles west of the PHDSP area.19 Liquefaction
Liquefaction occurs when water-saturated soils lose structural integrity due to seismic activity. Soils that are most susceptible to liquefaction are loose to moderately dense, saturated granular soils with poor drainage. The project site is located within a potential liquefaction zone.20 17 Langan Engineering and Environmental Services, Inc. Geotechnical Investigation 4590 Patrick Henry Drive. August 9, 2023.
18 PES Environmental, Inc. Phase I Environmental Site Assessment Report. September 19, 2019. 19 City of Santa Clara. Patrick Henry Drive Environmental Impact. SCH# 2019120515. July 2021. 20 Langan Engineering and Environmental Services, Inc. Geotechnical Investigation 4590 Patrick Henry Drive. August 9, 2023.
4590 Patrick Henry Residential Project 66 Focused Initial Study City of Santa Clara April 2024
Lateral Spreading
Lateral spreading is a type of ground failure related to liquefaction. It consists of the horizontal displacement of flat-lying alluvial material toward an open area, such as a steep bank of a stream channel. Based on the Geotechnical Investigation prepared for the site, the layers below the groundwater level are dense enough to resist lateral spreading and clayey; therefore, the potential for lateral spreading at the project site is low.
Landslides
Landslides occur when the stability of a slope changes from a stable to an unstable condition. Since the project area is relatively flat, the potential for landslides on-site is low.
Paleontological Resources
Paleontological resources are the fossilized remains of organisms from prehistoric environments preserved in the geological strata. The project site is underlain by Holocene deposits. Holocene geologic units are not generally considered paleontological sensitive, because remains dated less than 10,000 years are not usually considered fossils.
4.5.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including
the risk of loss, injury, or death
involving:
- Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or
based on other substantial evidence
of a known fault (refer to Division of
Mines and Geology Special
Publication 42)?
- Strong seismic ground shaking?
- Seismic-related ground failure,
including liquefaction?
- Landslides?
b) Result in substantial soil erosion or the
loss of topsoil?
4590 Patrick Henry Residential Project 67 Focused Initial Study City of Santa Clara April 2024
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
c) Be located on a geologic unit or soil that
is unstable, or that will become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as defined
in the current California Building Code,
creating substantial direct or indirect
risks to life or property?
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal
systems where sewers are not available
for the disposal of wastewater?
f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geological feature?
Findings of the PHDSP FEIR
Seismic Ground Shaking, Liquefaction, and Landslides
There are no known active faults within the PHDSP area, nor would there be slope stability hazard impacts due to the topography of the site; therefore, the PHDSP FEIR concluded that no rupture of a known earthquake fault and landslide impact would occur. These issues were not discussed further.
The project site is located within a seismically active region and could experience intense ground shaking in the event of a large earthquake. The project would be built in accordance with the latest CBC requirements which would reduce the seismic-related impacts; therefore, implementation of the PHDSP was found to have a less than significant impact on seismic ground shaking and related effects.
Soil Erosion and Loss of Topsoil
The PHDSP FEIR concluded that project compliance with City-required standard grading and construction-period erosion control techniques, consistent with Best Management Practices (BMPs) in the California Stormwater Quality Association (CASQA) Stormwater Best Management Practice Handbook, would have a less than significant impact on erosion and loss of topsoil. 4590 Patrick Henry Residential Project 68 Focused Initial Study City of Santa Clara April 2024
Ground Instability
All projects within the PHDSP area may encounter possible ground instability conditions.
Determination of differential settlement, liquefaction, lateral spreading, and subsidence potential in the PHDSP area would require site-specific geotechnical studies for future individual development proposals. Therefore, the PHDSP FEIR found that impacts related to ground instability would be significant. The following mitigation measure was included in the PHDSP to reduce impacts related to ground instability.
Mitigation Measure 8-3: Subject to City review and approval, complete and implement the geotechnical mitigation recommendations identified in the required individual project and site-specific geotechnical investigations and engineering studies for site-specific proposals, in coordination with City grading permit and building permit performance standards. Such recommendations shall address design- and construction-level details regarding engineering issues and solutions such as the type of building foundation, the extent of subsurface excavation, the details of retaining structures, and any need for subsurface water extraction.
The PHDSP FEIR concluded that implementation of Mitigation Measure 8-3 would reduce impacts related to ground instability to a less than significant level.
Septic Tanks
The PHDSP area is served by a comprehensive, integrated wastewater collection, treatment, and disposal system. Neither septic tank systems nor alternative wastewater disposal systems are required or proposed under the PHDSP; therefore, the PHDSP FEIR concluded there would be no impact and this issue is not discussed further.
Paleontological Resources
While there are no records of recorded fossil sites within the area, future development proposed under the PHDSP could disturb unknown paleontological resources during ground-disturbing activities which would result in a significant impact. The following mitigation was included in the PHDSP FEIR to reduce impacts to undiscovered paleontological resources.
Mitigation Measure 8-4: For all public improvement and private development projects in the Patrick Henry Drive Specific Plan Area, the following measures shall be implemented:
(1) Education Program. Project applicants shall implement a program that includes the following elements:
4590 Patrick Henry Residential Project 69 Focused Initial Study City of Santa Clara April 2024
• Resource identification training procedures for construction personnel, conducted by a paleontologist who meets the Secretary of the Interior’s Professional Qualifications Standards; • Spot-checks and monitoring by a qualified paleontologist of all excavations deeper than seven feet below ground surface; and • Procedures for reporting discoveries and their geologic context. (2) Procedures for Resources Encountered. If subsurface paleontological resources are encountered, excavation shall halt within a buffer area of at least 50 feet around the find, where construction activities will not be allowed to continue until the project paleontologist evaluates the resource and its stratigraphic context. Work shall be allowed to continue outside the buffer area; however, the paleontologist shall be empowered to temporarily halt or redirect construction activities to ensure avoidance of adverse impacts to paleontological resources.
During monitoring, if potentially significant paleontological resources are found, “standard” samples shall be collected and processed by a qualified paleontologist to recover micro vertebrate fossils. If significant fossils are found and collected, they shall be prepared to a reasonable point of identification. Excess sediment or matrix shall be removed from the specimens to reduce the bulk and cost of storage.
Itemized catalogs of material collected and identified shall be provided to a local museum repository with the specimens. Significant fossils collected during this work, along with the itemized inventory of these specimens, shall be deposited in a local museum repository for permanent curatorship and storage. A report documenting the results of the monitoring and salvage activities, and the significance of the fossils, if any, shall be prepared. The report and inventory, when submitted to the City, shall signify the completion of the program to mitigate impacts on paleontological resources.
The PHDSP FEIR concluded that with implementation of Mitigation Measure 8-4, the project would have a less than significant impact on paleontological resources. 4590 Patrick Henry Residential Project 70 Focused Initial Study City of Santa Clara April 2024
Impacts Resulting from the Proposed Project
a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault; strong seismic ground shaking; seismic-related ground failure, including liquefaction; or landslides? As mentioned above, the project site is located within a seismically active region and could experience intense ground shaking in the event of a large earthquake. Based on the site-specific Geotechnical Investigation prepared for the site, the soils on-site have moderate expansion potential. The potential for lateral spreading on-site is low.
The Geotechnical Investigation makes specific recommendations regarding site preparation and grading, lime treatment, trench backfill, mat slab foundation, floors and floor slabs, concrete pavement, seismic design criteria, etc. Since the project site is located within a liquefaction zone, the Geotechnical Investigation concluded that the proposed project could be supported on a mat slab foundation and be designed to withstand 1.25 inches of settlement from liquefaction and 0.75 inches of differential settlement. If the mat cannot be designed for the anticipated settlements, the building can be supported on deep foundations or a mat foundation over ground improvement.
Because the project is located on a site with expansive soils, the Geotechnical Investigation recommends that the mat foundation be embedded at least 30 feet beneath the adjacent exterior grade and exterior concrete should be underlain by at least eight inches of select fill. Furthermore, the site-specific Geotechnical Investigation shall be reviewed and approved by the City of Santa Clara’s Building Division as part of the building permit review and issuance process to confirm the findings of the report and consistency of the project plans with the recommendations. The building shall meet the requirements of applicable Building and Fire Codes, including the latest CBC, as adopted or updated by the City.
By designing the building in conformance with the recommendations of the site-specific Geotechnical Investigation (per Mitigation Measure 8-3), the proposed project would not exacerbate existing geological hazards on-site such that it would impact (or worsen) off-site geological and soil conditions. As a result, the project would not result in any new impacts or substantially increase the severity of the previously identified geological hazards impact. [Same Impact as Approved Project (Less Than Significant Impact)] b) Would the project result in substantial soil erosion or the loss of topsoil? The project would not include any substantial excavations (except for trenching for utilities) since no below-grade parking is proposed. Any ground disturbance would, however, expose soils and increase the potential for wind or water-related erosion and sedimentation until project construction is complete. Consistent with the PHDSP FEIR, the project would be required to comply with the City’s standard grading and construction-period erosion control techniques to reduce 4590 Patrick Henry Residential Project 71 Focused Initial Study City of Santa Clara April 2024
erosion and sedimentation impacts to a less than significant level. Implementation of the project would not result in any new impacts or substantially increase the severity of the previously identified erosion impacts from construction. [Same Impact as Approved Project (Less Than Significant Impact)]
c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? The project site is relatively flat; therefore, the potential for landslides and lateral spreading is low.
As discussed under checklist question a, due to the potential liquefaction settlement and expansive clay, the site-specific Geotechnical Investigation recommended that the project be supported on a mat slab foundation and be designed to withstand liquefaction and differential settlements.
Consistent with Mitigation Measure 8-3, the project shall be required to implement the recommendations from the site-specific Geotechnical Investigation which will be subject to City review and approval. With implementation of Mitigation Measure 8-3 from the PHDSP FEIR, impacts related to ground instability would be reduced to a less than significant level. The project would not result in any new impacts or substantially increase the severity of the previously identified impacts related to ground instability. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)]
d) Would the project be located on expansive soil, as defined in the current California Building Code, creating substantial direct or indirect risks to life or property? The soils on-site have moderate expansion potential. As mentioned under checklist questions a and c, the project would be required to implement the recommendations identified in the site-specific Geotechnical Investigation. Therefore, the project would not create substantial direct or indirect risks to life or property. With implementation of Mitigation Measure 8-3 from the PHDSP FEIR, impacts related to expansive soils would be reduced to a less than significant level. The project would not result in any new impacts or substantially increase the severity of the previously identified impacts related to expansive soils. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)]
e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
The project would not result in any new impacts or substantially increase the severity of the previously identified impacts to wastewater disposal systems. [Same Impact as Approved Project (No Impact)]
4590 Patrick Henry Residential Project 72 Focused Initial Study City of Santa Clara April 2024
f) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geological feature?
While the project would not include substantial excavation, except for trenching for utilities, the project would be required to comply with Mitigation Measure 8-4 which includes implementation of an education program and stopping work if paleontological resources are encountered.
Therefore, the project would not result in any new impacts or substantially increase the severity of the previously identified impacts to paleontological resources. [Same Impact as Approved Project (Less than Significant Impact with Mitigation Incorporated)]
4.5.3 Non-CEQA Effects
Per California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on the project are not considered CEQA impacts.
The following discussion is included for informational purposes only because the City has policies that address existing geology and soils conditions affecting a proposed project.
General Plan Policy 5.10.5-P6 requires new development be designed to meet current safety standards and implement appropriate building code to reduce risks associated with geologic conditions. In addition, General Plan Policy 5.10.5-P7 requires implementation of all recommendations and design solutions identified in project soils reports to reduce potential adverse effects associated with unstable soils or seismic hazards.
As mentioned previously, a site-specific Geotechnical Investigation has been prepared for the site which will require approval from the City of Santa Clara’s Building Division (refer to Mitigation Measure 8-3). In addition, the project would be required to adhere to the latest CBC requirements to ensure that future site residents would not be endangered by hazardous site conditions.
Therefore, the project would comply with General Plan Policies 5.10.5-P6 and 5.10.5-P7. 4590 Patrick Henry Residential Project 73 Focused Initial Study City of Santa Clara April 2024
Hazards and Hazardous Materials
The information in this section is based upon a Phase I Environmental Site Assessment (ESA) prepared by Partner Engineering and Science, Inc. (PES) in September 2019 and a Phase II ESA prepared by ENGEO, Inc. (ENGEO) in October 2022 and updated in March 2024. These reports are included in Appendices E and F of this document.
4.6.1 Environmental Setting
Regulatory Framework
Overview
The storage, use, generation, transport, and disposal of hazardous materials and waste are highly regulated under federal and state laws. In California, the EPA has granted most enforcement authority over federal hazardous materials regulations to the California Environmental Protection Agency (CalEPA). In turn, local agencies have been granted responsibility for implementation and enforcement of many hazardous materials regulations under the Certified Unified Program Agency (CUPA) program.
Worker health and safety and public safety are key issues when dealing with hazardous materials.
Proper handling and disposal of hazardous material is vital if it is disturbed during project construction. Cal/OSHA enforces state worker health and safety regulations related to construction activities. Regulations include exposure limits, requirements for protective clothing, and training requirements to prevent exposure to hazardous materials. Cal/OSHA also enforces occupational health and safety regulations specific to lead and asbestos investigations and abatement.
Federal and State
Federal Aviation Regulations Part 77
Federal Aviation Regulations, Part 77 Objects Affecting Navigable Airspace (FAR Part 77) sets forth standards and review requirements for protecting the airspace for safe aircraft operation, particularly by restricting the height of potential structures and minimizing other potential hazards (such as reflective surfaces, flashing lights, and electronic interference) to aircraft in flight. These regulations require that the Federal Aviation Administration (FAA) be notified of certain proposed construction projects located within an extended zone defined by an imaginary slope radiating outward for several miles from an airport’s runways, or which would otherwise stand at least 200 feet in height above the ground.
4590 Patrick Henry Residential Project 74 Focused Initial Study City of Santa Clara April 2024
Comprehensive Environmental Response, Compensation, and Liability Act The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, was enacted by Congress on December 11, 1980. This law created a tax on the chemical and petroleum industries and provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. CERCLA accomplished the following objectives:
• Established prohibitions and requirements concerning closed and abandoned hazardous waste sites;
• Provided for liability of persons responsible for releases of hazardous waste at these sites; and
• Established a trust fund to provide for cleanup when no responsible party could be identified.
The law authorizes two kinds of response actions:
• Short-term removals, where actions may be taken to address releases or threatened releases requiring prompt response; and
• Long-term remedial response actions that permanently and significantly reduce the dangers associated with releases of threats of releases of hazardous substances that are serious, but not immediately life-threatening. These actions can be completed only at sites listed on the EPA’s National Priorities List.
CERCLA also enabled the revision of the National Contingency Plan (NCP). The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the National Priorities List.
CERCLA was amended by the Superfund Amendments and Reauthorization Act on October 17, 1986.21
Resource Conservation and Recovery Act
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste. RCRA gives the EPA the authority to control hazardous waste from the "cradle to the grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also sets forth a framework for the management of non-hazardous solid wastes. 21 United States Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed January 11, 2024. https://www.epa.gov/superfund/superfund-cercla-overview. 4590 Patrick Henry Residential Project 75 Focused Initial Study City of Santa Clara April 2024
The Federal Hazardous and Solid Waste Amendments (HSWA) are the 1984 amendments to RCRA that focused on waste minimization, phasing out land disposal of hazardous waste, and corrective action for releases. Some of the other mandates of this law include increased enforcement authority for the EPA, more stringent hazardous waste management standards, and a comprehensive underground storage tank program.22
Government Code Section 65962.5
Section 65962.5 of the Government Code requires CalEPA to develop and update a list of hazardous waste and substances sites, known as the Cortese List. The Cortese List is used by state and local agencies and developers to comply with CEQA requirements.
The Cortese List includes hazardous substance release sites identified by the Department of Toxic Substances Control (DTSC) and State Water Resources Control Board (SWRCB). 23 Toxic Substances Control Act
The Toxic Substances Control Act (TSCA) of 1976 provides the EPA with authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides. The TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon, and lead-based paint (LBP).
California Accidental Release Prevention Program
The California Accidental Release Prevention (CalARP) Program aims to prevent accidental releases of regulated hazardous materials that represent a potential hazard beyond the boundaries of a property. Facilities that are required to participate in the CalARP Program use or store specified quantities of toxic and flammable substances (hazardous materials) that can have off-site consequences if accidentally released. The Santa Clara Fire Department (SCFD) Community Risk Reduction Division implements the CalARP Program within the City.
Regional and Local
City of Santa Clara 2010-2035 General Plan
General Plan policies applicable to hazards and hazardous materials include, but are not limited to, those listed below.
22 United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed January 11, 2024. https://www.epa.gov/laws-regulations/summary-resource-conservation-and-recoveryact. 23 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed January 11, 2024. https://calepa.ca.gov/sitecleanup/corteselist/.
4590 Patrick Henry Residential Project 76 Focused Initial Study City of Santa Clara April 2024
Policies Description
5.10.5-P22 Regulate development on sites with known or suspected contamination of soil and/or groundwater to ensure that construction workers, the public, future occupants and the environment are adequately protected from hazards associated with contamination, in accordance with applicable regulations.
5.10.5-P23 Require appropriate clean-up and remediation of contaminated sites.
5.10.5-P24 Protect City residents from the risks inherent in the transport, distribution, use and storage of hazardous materials
Santa Clara Emergency Operations Plan
In June 2016, the City of Santa Clara adopted an Emergency Operations Plan (EOP) to address the planned response of the City of Santa Clara to emergency situations associated with natural disasters and technological incidents, as well as chemical, biological, radiological, nuclear and explosive emergencies. The EOP establishes the emergency organization, assign tasks, specifies policies and general procedures, and provides for coordination of planning efforts for emergency events such as earthquake, flooding, dam failure, and hazardous materials responses.
Existing Conditions
The approximately 2.79-acre project site is currently developed with a one-story light industrial building (approximately 42,821 square feet) and associated surface parking. Based on the Phase I ESA, groundwater in the vicinity of the site was estimated to range from 5.5 to 14 feet bgs.
Groundwater levels fluctuate seasonally depending on variables including variations in rainfall, irrigation, and groundwater pumping. Groundwater in the project area flows in the north and northeast direction.
History of Project Site
A land use history of the project site has been compiled based on a review of historical sources including Sanborn Fire Insurance Maps, topographic maps, aerial photographs, City directory listings, and prior environmental documents. The site was undeveloped from at least 1889 until construction of the existing building in 1990, but was used for grassland farming from at least the 1930s until the 1970s. The building was previously occupied by two tenants [California Eastern Laboratories (CEL) and Benvenue Medical, Inc. (Benvenue)] and there have been no significant changes to the property since the building was constructed.
On-site Sources of Contamination
Phase I Environmental Site Assessment
The project site is listed on the Resource Conservation and Recovery Act-Large Quantity Generator (RCRA-LQG), California Environmental Reporting System (CERS), CERS Hazardous Waste, Certified 4590 Patrick Henry Residential Project 77 Focused Initial Study City of Santa Clara April 2024
Unified Program Agency (CUPA), Hazardous Waste Information System (HAZNET), RCRA NonGenerator/No Longer Regulated (NonGen/NLR) databases. 24 CEL is listed in the RCRA-LQG database as a large quantity generator and in the CERS, CERS Hazardous Waste, CUPA databases as a facility that generate hazardous wastes. CEL is also listed in the HAZNET database for off-site disposal of waste and aged laboratory chemicals, organic solids, acidic and alkaline solutions, and unspecified aqueous solutions from 1994 to 2010 and in 2012.
Benvenue is listed in the RCRA NonGen/NLR database as a non-generator of hazardous waste as of 2018.
Phase II Environmental Site Assessment
A Phase II ESA was prepared to analyze potential impacts from former on-site and off-site activities.
Soil, soil gas, and groundwater samples were collected from the project site and compared to the San Francisco Bay RWQCB Environmental Screening Levels (ESLs) for residential use.
Based on the results of the soil samples, various total petroleum hydrocarbon (TPH) analytes, volatile organic compounds (VOCs), metals, and organochlorine pesticides (OCPs) were detected in the soil samples above laboratory reporting limits, however, none of the soil samples exceeded their respective ESLs.
Trichloroethylene (TCE) was the only VOC detected in one groundwater sample. While TCE was detected, it was found to not exceed its respective ESL based on Maximum Concentration Limit (MCL) Priority and vapor intrusion.
Based on the results of the soil gas samples, benzene, naphthalene, chloroform, ethylbenzene, tetrachloroethylene (PCE), and TCE were found exceeding their respective residential ESLs using U.S. EPA’s attenuation factor of 0.03.25 In addition, oxygen was detected at concentrations ranging from 13 to 20 percent in the samples. Per the Phase II ESA, the oxygen detected would suggest that there is a potential bioattenuation zone, an area of soil with conditions that support biodegradation of petroleum hydrocarbon vapors that might be present beneath a site.
Off-site Sources of Contamination
Within a 0.25-mile radius of the project site, nine off-site facilities were identified. None of these off-site facilities were determined to represent a significant environmental concern for the project site because 1) the site has received a case closure by the regulatory agency, 2) the direction of 24 The Phase I ESA also identified the site as being in the RCRA NonGen/NLR and HAZNET databases for off-site disposal of organic and inorganic solids, empty containers, alkaline solutions, and an aqueous solution with metals in 2012, however, this listing may be associated with Pacific Gas and Electric Company (PG&E) historical gas line testing in the site vicinity. It was mentioned that PG&E was not a tenant of the site. 25 The concern with VOCs in soil gas, with respect to a risk to human health, is if soil gas would enter indoor air through vapor intrusion. The screening level for soil gas is calculated based on a ratio of the acceptable indoor air concentration to the soil gas concentration, also referred to as an attenuation factor. 4590 Patrick Henry Residential Project 78 Focused Initial Study City of Santa Clara April 2024
groundwater flow, 3) the site only has soil contamination, and/or 4) the distance of the off-site facility to the project site.
Other Hazards
Airports
The Norman Y. Mineta San José International Airport is located approximately 3.0 miles southeast of the project site. The project site is not located within the Airport Influence Area (AIA) or the airport safety zone of the Norman Y. Mineta San José International Airport, as defined by the Comprehensive Land Use Plan (CLUP).26
Wildland Fires
The proposed project is located in an urbanized area that is not subject to wildland fires.
4.6.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
26 Walter B. Windus, PE. Aviation Consultant. “Comprehensive Land Use Plan: Norman Y. Mineta San José International Airport.” May 2011. Accessed January 25, 2024. https://www.sccgov.org/sites/dpd/DocsForms/Documents/ALUC_SJC_CLUP.pdf. 4590 Patrick Henry Residential Project 79 Focused Initial Study City of Santa Clara April 2024
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
d) Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, will it
create a significant hazard to the public
or the environment?
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
result in a safety hazard or excessive
noise for people residing or working in
the project area?
f) Impair implementation of, or physically
interfere with, an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structures, either
directly or indirectly, to a significant risk
of loss, injury or death involving
wildland fires?
Findings of the PHDSP FEIR
Hazardous Materials Transport, Use, Storage, and Disposal Construction and operation of the PHDSP could involve the transport, use, storage, or disposal of common hazardous substances, however, compliance with applicable federal, state, and local handling, storage, and disposal requirements would ensure significant hazards to the public or the environment created by the routine transport, use, or disposal of hazardous materials would be avoided. With implementation of local, state, and federal regulations, the PHDSP was found to have a less than significant impact from the use, transport, storage, and disposal of chemicals.
Existing Hazardous Materials Contamination
Based on the PHDSP FEIR, there is potential that the construction of new developments within the PHDSP could encounter contamination and expose the public or the environment to the accidental release of hazardous materials. The PHDSP FEIR concluded that compliance with the existing applicable state-level and regional mandated site assessment, remediation, removal, and disposal requirements for soil, surface water, and/or groundwater contamination would prevent the 4590 Patrick Henry Residential Project 80 Focused Initial Study City of Santa Clara April 2024
potential exposure of existing hazardous materials and further existing contamination. Compliance with established requirements would prevent exacerbation of existing contamination or accidental release, and ensure that impacts associated with potential soil and surface/groundwater contamination would be reduced to a less than significant level.
Asbestos and Polychlorinated Biphenyls
Given the age of the buildings in the PHDSP area, the PHDSP FEIR concluded that the existing buildings and transformers would likely contain asbestos and/or PCBs. Remediation of asbestos and PCB paint must be in accordance with national regulatory guidelines, CalOSHA standards, and City requirements. Implementation of City, County, regional, and state-mandated requirements would result in a less than significant impact associated with asbestos-containing materials and PCBs.
Lead-Based Paint
LBP that is split into thin layers or chipped from surfaces could release airborne particles during alternation, renovation, or demolition of existing structures within the PHDSP area. If LBP is present, each site-specific project would be required to comply with CalOSHA regulations. With implementation of the CalOSHA regulations, the PHDSP was found to have a less than significant impact associated with LBP.
Schools
While there are existing schools located within 0.25 miles of the PHDSP area, the land uses permitted under the PHDSP are not expected to involve the routine transport, use, storage, or disposal of hazardous materials to that extent that a significant public or environmental hazard would occur. While future construction under the PHDSP would likely involve the intermittent transport, use, storage, and disposal of potentially hazardous materials, including fuels and lubricants, paints, solvents, and other materials commonly used in construction and maintenance, these projects would be required to comply with applicable local, state, and federal regulations. The PHDSP FEIR concluded that the potential for hazardous material impacts on schools would be less than significant.
Government Code Section 65962.5
No sites within the PHDSP area are listed on a list of hazardous materials sites pursuant to Government Code Section 65962.5; therefore, the PHDSP FEIR concluded impacts would be less than significant.
Airport Safety
The PHDSP is not within two miles of an airport, but 12 acres of the eastern section of the PHDSP area (northeast of Old Ironsides Drive and Patrick Henry Drive) is within the AIA for the Norman Y.
Mineta San José International Airport. Projects proposed in the PHDSP area that are within the AIA would need to be referred to the ALUC for consistency review with the Norman Y. Mineta San José 4590 Patrick Henry Residential Project 81 Focused Initial Study City of Santa Clara April 2024
International Airport. The PHDSP FEIR concluded that compliance with the Norman Y. Mineta San José International Airport CLUP development standards would reduce aircraft hazard impacts for people residing or working in the area to a less than significant level.
Emergency Operation Plans
Impacts to EOPs would be the same on all project sites within the PHDSP area given that the projects would be required to comply with the plans and policies identified in the City’s EOP. The PHDSP FEIR found impacts to EOPs to be less than significant.
Wildfire Hazards
The PHDSP FEIR found no impacts related to wildlife hazards since the PHDSP area is not within a Very High Fire Hazard Severity Zone and there is no terrain or vegetation within the plan area that would be conducive to wildfires. For these reasons, the PHDSP FEIR concluded that no impacts related to wildfire hazards would occur.
Impacts Resulting from the Proposed Project
a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Construction
The proposed project would demolish the existing building on-site and construct an eight-story residential building with up to 284 dwelling units. Any hazardous materials present on-site would be properly disposed of during project construction. Consistent with the PHDSP FEIR, the project would be required to comply with all applicable federal, state, and local handling, storage, and disposal requirements to ensure that construction workers and/or nearby residents would not be exposed to hazardous materials. Therefore, the project would not result in any new impacts or substantially increase the severity of the previously identified hazardous impact through the routine transport, use, or disposal of hazardous materials during project construction. [Same Impact as Approved Project (Less Than Significant Impact)]
Operation
While the project would likely include the use and storage of cleaning supplies and maintenance chemicals in small quantities, the small quantities of cleaning supplies and maintenance chemicals used on-site would not pose a risk to adjacent land uses. Based on the proposed use of the site, the proposed project would not create a significant hazard to the public or environment from the use, transport, or storage of these chemicals. Furthermore, the project would be required to comply with local, state, and federal regulations related to handling, storage, and disposal of hazardous materials during project operation. Therefore, the project would not result in any new impacts or substantially increase the severity of the previously identified hazardous impact through the routine 4590 Patrick Henry Residential Project 82 Focused Initial Study City of Santa Clara April 2024
transport, use, or disposal of hazardous materials during project operation. [Same Impact as Approved Project (Less Than Significant Impact)]
b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
While no on-site or off-site sources of contamination were identified in the Phase I ESA, benzene, naphthalene, chloroform, ethylbenzene, PCE, and TCE were found exceeding their respective residential ESLs for soil gas as discussed in the Phase II ESA. The building was constructed in 1990 and would not contain any asbestos, PCBs, or LBP materials.
Impact HAZ-1: Construction of the project could expose construction workers to benzene, naphthalene, chloroform, ethylbenzene, tetrachloroethylene (PCE), and trichloroethylene (TCE) which were found to exceed the San Francisco Bay Regional Water Quality Control Board (RWQCB) Soil Gas Vapor Intrusion Human Health Risk Levels.
Mitigation Measure
MM HAZ-1.1: Prior to issuance of any grading permit, the project applicant shall obtain regulatory oversight from the Department of Toxic Substances Control (DTSC) or the Santa Clara County Department of Environmental Health (SCCDEH) under their Site Cleanup Program. A Site Management Plan (SMP), Removal Action Plan (RAP), or equivalent document shall be prepared under regulatory oversight and approval by a qualified environmental consultant that identifies remedial measures and/or soil management practices to ensure construction worker safety. The plan and evidence of regulatory oversight shall be provided to the Director of Community Development.
Implementation of Mitigation Measure HAZ-1.1 would reduce the risk of construction workers exposure to VOCs. Therefore, the project would not result in any new impacts or substantially increase the severity of the previously identified hazardous impact involving the release of hazardous materials into the environment. [New Less Than Significant Impact with Mitigation Incorporated (Less Than Significant Impact)]
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The nearest school to the project site is Fairwood Explorer Elementary School, approximately 915 feet west of the site. As mentioned under checklist question a, the project would likely include the use and storage of cleaning supplies and maintenance chemicals in small quantities. The project would not use or store hazardous materials in sufficient quantities to pose a health risk to any 4590 Patrick Henry Residential Project 83 Focused Initial Study City of Santa Clara April 2024
nearby school. Consistent with the PHDSP FEIR, the project would be required to comply with applicable local, state, and federal regulations when handling hazardous materials, substances, or waste. Therefore, the project would not result in any new impacts or substantially increase the severity of the previously identified hazardous impact to any nearby school. [Same Impact as Approved Project (Less Than Significant Impact)]
d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? As mentioned previously, there are no sites within the PHDSP area on any list of hazardous materials sites pursuant to Government Code Section 65962.5. Therefore, implementation of the project would not result in any new impacts or substantially increase the severity of the previously identified hazardous materials impact to the public and/or environment. [Same Impact as Approved Project (Less Than Significant Impact)]
e) If located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? The Norman Y. Mineta San José International Airport is located approximately 3.0 miles southeast of the project site and is located outside the Norman Y. Mineta San José International Airport CLUPdefined safety zone and the AIA.
FAR Part 77 sets forth standards and review requirements for the protection of airspace for safe aircraft operation, particularly by restricting the height of potential structures and minimizing reflective surfaces, flashing lights, electronic interference, and other potential hazards to aircraft in flight. Per the PHDSP FEIR, any structures that would exceed 150 feet to 170 feet above ground are required under FAR Part 77 to be submitted to the FAA for review. The proposed building would be up to 86 feet tall to the top of the parapet. Therefore, the proposed project would not be considered an aircraft hazard, and the project would not result in a substantial safety hazard for people residing or working at the project site. Implementation of the project would not result in any new impacts or substantially increase the severity of the previously identified safety hazard impact. [Same Impact as Approved Project (Less Than Significant Impact)] f) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
The project would be constructed in accordance with current building and fire codes and would be required to be maintained in accordance with applicable City policies identified in the General Plan to avoid unsafe building conditions. Consistent with the PHDSP FEIR, the project would be required to comply with the plans and policies identified in the City’s EOP. Therefore, the proposed project 4590 Patrick Henry Residential Project 84 Focused Initial Study City of Santa Clara April 2024
would not impair implementation of or physically interfere with the City’s emergency operations.
Implementation of the project would not result in any new impacts or substantially increase the severity of the previously identified impact related to emergency response plans. [Same Impact as Approved Project (Less Than Significant Impact)]
g) Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires? The project site is located in an urbanized area of the City and is not located in an area adjacent to any wildland area. Therefore, implementation of the project would not result in any new impacts or substantially increase the severity of the previously identified impact related to wildland fires. [Same Impact as Approved Project (No Impact)]
4.6.3 Non-CEQA Effects
Per California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on the project are not considered CEQA impacts.
The following discussion is included for informational purposes only because the City has policies that address existing hazards and hazardous materials conditions affecting a proposed project.
General Plan Policy 5.10.5-P22 requires development on sites with known or suspected contamination of soil and/or groundwater to be regulated to ensure that construction workers, the public, future occupants and the environment are adequately protected from hazards associated with contamination, in accordance with applicable regulations. In addition, General Plan Policy
5.10.5- P23 requires appropriate clean-up and remediation of contaminated sites.
As discussed under checklist question b, the Phase II ESA found benzene, naphthalene, chloroform, ethylbenzene, PCE, and TCE exceeding their respective residential ESLs for soil gas. The project would be required to implement Mitigation Measure HAZ-1.1 to ensure that construction workers would not be exposed to soil gas. Future residents of the site could be exposed to vapor intrusion; therefore, the project would be required to implement the following Condition of Approval.
Condition of Approval:
• As part of the project’s Site Management Plan (SMP), Removal Action Plan (RAP), or equivalent document, the project applicant shall design and install a vapor intrusion mitigation system (VIMS) consistent with design specifications by equipment manufacturers, local permit conditions and regulations, and relevant industry standards to ensure that future residents would not be exposed to volatile organic compounds. The VIMS design package shall be submitted to the Department of Toxic Substances Control (DTSC) or the Santa Clara County Department of Environmental Health (SCCDEH) for review and approval prior to the issuance of building permits. The approved VIMS shall be included on all building permit documents. In addition, the project applicant shall prepare an Operation, 4590 Patrick Henry Residential Project 85 Focused Initial Study City of Santa Clara April 2024
Maintenance, and Monitoring (OM&M) plan which shall also include a contingency plan in the event that the VIMS is not working as designed.
4590 Patrick Henry Residential Project 86 Focused Initial Study City of Santa Clara April 2024
Hydrology and Water Quality
4.7.1 Environmental Setting
Regulatory Framework
Federal and State
The federal Clean Water Act and California’s Porter-Cologne Water Quality Control Act are the primary laws related to water quality in California. Regulations set forth by the EPA and the SWRCB have been developed to fulfill the requirements of this legislation. EPA regulations include the NPDES permit program, which controls sources that discharge pollutants into the waters of the United States (e.g., streams, lakes, bays, etc.). These regulations are implemented at the regional level by the RWQCBs. The plan area is within the jurisdiction of the San Francisco Bay RWQCB.
Under Section 303(d) of the federal Clean Water Act, the SWRCB and RWQCBs are required to identify impaired surface water bodies that do not meet water quality standards and develop total maximum daily loads (TMDLs) for contaminants of concern. The list of the state’s identified impaired surface water bodies, known as the “303(d) list” can be found on the on the RWQCB’s website.27
National Flood Insurance Program
The Federal Emergency Management Agency (FEMA) established the National Flood Insurance Program (NFIP) to reduce impacts of flooding on private and public properties. The program provides subsidized flood insurance to communities that comply with FEMA regulations protecting development in floodplains. As part of the program, FEMA publishes Flood Insurance Rate Maps (FIRMs) that identify Special Flood Hazard Areas (SFHAs). An SFHA is an area that would be inundated by the one-percent annual chance flood, which is also referred to as the base flood or 100-year flood.
Statewide Construction General Permit
The SWRCB has implemented an NPDES General Construction Permit for the State of California (Construction General Permit). For projects disturbing one acre or more of soil, a Notice of Intent (NOI) must be filed with the RWQCB by the project sponsor, and a SWPPP must be prepared by a qualified professional prior to commencement of construction and filed with the RWQCB by the project sponsor. The Construction General Permit includes requirements for training, inspections, record keeping, and, for projects of certain risk levels, monitoring. The general purpose of the requirements is to minimize the discharge of pollutants and to protect beneficial uses and receiving waters from the adverse effects of construction-related storm water discharges. 27 San Francisco Regional Water Quality Control Board. “The 303(d) List of Impaired Water Bodies.” Accessed January 16, 2024.
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/303dlist.html. 4590 Patrick Henry Residential Project 87 Focused Initial Study City of Santa Clara April 2024
Regional
San Francisco Bay Basin Plan
The San Francisco Bay RWQCB regulates water quality in accordance with the Water Quality Control Plan for the San Francisco Bay Basin (Basin Plan). The Basin Plan lists the beneficial uses that the San Francisco Bay RWQCB has identified for local aquifers, streams, marshes, rivers, and the San Francisco Bay, as well as the water quality objectives and criteria that must be met to protect these uses. The San Francisco Bay RWQCB implements the Basin Plan by issuing and enforcing waste discharge requirements, including permits for nonpoint sources such as the urban runoff discharged by a City’s stormwater drainage system. The Basin Plan also describes watershed management programs and water quality attainment strategies.
Municipal Regional Permit Provision C.3
The San Francisco Bay RWQCB re-issued the Municipal Regional Permit (MRP) in May 2022 to regulate stormwater discharges from municipalities and local agencies (co-permittees) in Alameda, Contra Costa, San Mateo, and Santa Clara Counties, and the cities of Fairfield, Suisun City, and Vallejo.28 Under Provision C.3 of the MRP, new and redevelopment projects that create or replace 5,000 square feet or more of impervious surface area are required to implement site design, source control, and Low Impact Development (LID)-based stormwater treatment controls to treat postconstruction stormwater runoff. LID-based treatment controls are intended to maintain or restore the site’s natural hydrologic functions, maximizing opportunities for infiltration and evapotranspiration, and using stormwater as a resource (e.g., rainwater harvesting for non-potable uses). The MRP also requires that stormwater treatment measures are properly installed, operated, and maintained.
In addition to water quality controls, the MRP requires new development and redevelopment projects that create or replace one acre or more of impervious surface to manage developmentrelated increases in peak runoff flow, volume, and duration, where such hydromodification is likely to cause increased erosion, silt pollutant generation, or other impacts to local rivers, streams, and creeks. Projects may be deemed exempt from these requirements if: (1) the post-project impervious surface area is less than, or the same as, the pre-project impervious surface area; (2) the project is located in a catchment that drains to a hardened (e.g., continuously lined with concrete) engineered channel or channels or enclosed pipes, which extend continuously to the Bay, Delta, or flow-controlled reservoir, or, in a catchment that drains to channels that are tidally influenced; or (3) the project is located in a catchment or subwatershed that is highly developed (i.e., that is 70 percent or more impervious).29
28 California Regional Water Quality Control Board San Francisco Region. Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018, NPDES Permit No. CAS612008. May 11, 2022 29 The Hydromodification Applicability Maps developed the permittees under Order No. R2-2009-0074 were prepared using this standard, adjusted to 65 percent imperviousness to account for the presence of vegetation on the photographic references used to determine imperviousness. Thus, the maps for Order No. R2-2009-0074 are accepted as meeting the 70 percent requirement.
4590 Patrick Henry Residential Project 88 Focused Initial Study City of Santa Clara April 2024
Water Resources Protection Ordinance and District Well Ordinance Valley Water operates as the flood control agency for Santa Clara County. Their stewardship also includes creek restoration, pollution prevention efforts, and groundwater recharge. Permits for well construction and destruction work, most exploratory boring for groundwater exploration, and projects within Valley Water property or easements are required under Valley Water’s Water Resources Protection Ordinance and District Well Ordinance. 2021 Groundwater Management Plan
The 2021 Groundwater Management Plan (GWMP) describes Valley Water’s comprehensive groundwater management framework, including existing and potential actions to achieve basin sustainability goals and ensure continued sustainable groundwater management. The GWMP covers the Santa Clara and Llagas subbasins, which are located entirely in Santa Clara County. Valley Water manages a diverse water supply portfolio, with sources including groundwater, local surface water, imported water, and recycled water. About half of the county’s water supply comes from local sources and the other half comes from imported sources. Imported water includes Valley Water’s State Water Project and Central Valley contract supplies and supplies delivered by the San Francisco Public Utilities Commission (SFPUC) to cities in northern Santa Clara County. Local sources include natural groundwater recharge and surface water supplies. A small portion of the county’s water supply is recycled water.
Local groundwater resources make up the foundation of the county’s water supply, but they need to be augmented by the District’s comprehensive water supply management activities to reliably meet the county’s needs. These include the managed recharge of imported and local surface water and in-lieu groundwater recharge through the provision of treated surface water and raw water, acquisition of supplemental water supplies, and water conservation and recycling.30 Construction Dewatering Waste Discharge Requirements
Each of the RWQCBs regulate construction dewatering discharges to storm drains or surface waters within its Region under the NPDES program and Waste Discharge Requirements.
Dam Safety
Dam failure is the uncontrolled release of impounded water behind a dam. Flooding, earthquakes, blockages, landslides, lack of maintenance, improper operation, poor construction, vandalism, and terrorism can all cause a dam to fail. Because dam failure that results in downstream flooding may affect life and property, dam safety is regulated at both the federal and state level. Dams under the jurisdiction of the California Division of Safety of Dams are identified in California Water Code Sections 6002, 6003, and 6004 and regulations for dams and reservoirs are included in the California Code of Regulations. In accordance with the state’s Dam Safety Act, dams are inspected regularly and detailed evacuation procedures have been prepared for each dam. 30 Valley Water. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins. November 2021. 4590 Patrick Henry Residential Project 89 Focused Initial Study City of Santa Clara April 2024
As part of its comprehensive dam safety program, Valley Water routinely monitors and studies the condition of each of its 10 dams. Valley Water also has its own Emergency Operations Center and a response team that inspects dams after significant earthquakes. These regulatory inspection programs reduce the potential for dam failure.
Local
City of Santa Clara 2010-2035 General Plan
General Plan policies related to hydrology and water quality that are applicable to the project are listed below.
Policies Description
5.10.5-P11 Require that new development meet stormwater and water management requirements in conformance with state and regional regulations.
5.10.5-P13 Require that development complies with the Flood Damage Protection Code.
5.10.5-P15 Require new development to minimize paved and impervious surfaces and promote on-site Best Management Practices for infiltration and retention, including grassy swales, pervious pavement, covered retention areas, bioswales, and cisterns, to reduce urban water run-off.
5.10.5-P16 Require new development to implement erosion and sedimentation control measures to maintain an operational drainage system, preserve drainage capacity and protect water quality.
5.10.5-P17 Require that grading and other construction activities comply with the Association of Bay Area Governments’ Manual of Standards for Erosion and Sediment Control Measures and with the California Stormwater Quality Association, Stormwater Best Management Practice Handbook for Construction.
5.10.5-P18 Implement the Santa Clara Valley Nonpoint Source Pollution Control Program (SCVNSPC), Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) and the Urban Runoff Management Plan (URMP).
5.10.5-P19 Limit development activities within riparian corridors to those necessary for improvement or maintenance of stream flow.
5.10.5-P20 Maintain, upgrade and replace storm drains throughout the City to reduce potential flooding.
5.10.5-P21 Require that storm drain infrastructure is adequate to serve all new development and is in place prior to occupancy.
Santa Clara City Code
Chapter 13.20, Storms Drains and Discharges, of the Santa Clara City Code is enacted for the protection of health, life, resources and property through prevention and control of unauthorized discharges into watercourses. The primary goal of this chapter is the cleanup of stormwater pollution from urban runoff that flows to creeks and channels, eventually discharging into the San Francisco Bay. The City Code also includes Flood Damage Prevention Code (Chapter 15.45) and requirements for grading and excavation permits and erosion control (Chapter 15.15). 4590 Patrick Henry Residential Project 90 Focused Initial Study City of Santa Clara April 2024
Santa Clara Emergency Operations Plan
In June 2016, the City of Santa Clara adopted an Emergency Operations Plan (EOP) to address the planned response of the City of Santa Clara to emergency situations associated with natural disasters and technological incidents, as well as chemical, biological, radiological, nuclear and explosive emergencies. The EOP establishes the emergency organization, assign tasks, specifies policies and general procedures, and provides for coordination of planning efforts for emergency events such as earthquake, flooding, dam failure, and hazardous materials responses.
Existing Conditions
Storm Drainage and Water Quality
The water quality of streams, creeks, ponds, and other surface water bodies can be greatly affected by pollution carried in contaminated surface runoff. Pollutants from unidentified sources, known as nonpoint source pollutants, are washed from streets, construction sites, parking lots, and other exposed surfaces into storm drains. Stormwater from urban uses contains metals, pesticides, herbicides, and other contaminants, including oil, grease, asbestos, lead, and animal wastes.
Stormwater from the project site drains into Calabazas Creek, located immediately west of the project site. Based on data from the SWRCB, Calabazas Creek is currently listed on the California 303(d) impaired waters list for diazinon.31
Groundwater
Groundwater on-site was estimated to range from 5.5 to 14 feet bgs. 32 Groundwater in the project
area flows in the north and northeast direction.
Flooding
According to the FEMA Flood Insurance Rate Maps (FIRM),33 the project site is located in Flood Zone X. Flood Zone X is defined as “Areas of 0.2 percent annual chance flood; areas of one percent chance flood with average depths of less than one foot or with drainage areas less than one square mile; and areas protected by levees from one percent annual chance flood.” Flood Zone X is not subject to a 100-year flood hazard.
31 State Water Resources Control Board. “Impaired Water Bodies.” Accessed January 26, 2024. https://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2014_2016.shtml. 32 PES Environmental, Inc. Phase I Environmental Site Assessment Report. September 19, 2019. 33 Federal Emergency Management Agency. “FEMA Flood Map Service Center.” Accessed January 26, 2024. https://msc.fema.gov/portal/search?AddressQuery.
4590 Patrick Henry Residential Project 91 Focused Initial Study City of Santa Clara April 2024
Dam Failure
As shown in Figure 4.4-1 of the City’s General Plan FEIR, the project site is not located in any dam failure inundation hazard zone.34
Seiches, Tsunamis, and Mudflows
A seiche is the oscillation of water in an enclosed body of water such as a lake or the San Francisco Bay. There are no landlocked bodies of water nearby that would affect the site in the event of a seiche.
A tsunami is a sea wave generated by an earthquake, landslide, or other large displacement of water in the ocean. There are no bodies of water near the site that would affect the site in the event of a tsunami.
A mudflow is the rapid movement of a large mass of mud formed from loose soil and water. The project site and surrounding area are relatively flat and would not be susceptible to mudflow.
4.7.2 Impact Discussion
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
a) Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or ground water quality?
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition
of impervious surfaces, in a manner
which would:
- result in substantial erosion or
siltation on- or off-site;
34 City of Santa Clara. 2010-2035 General Plan Integrated Final Environmental Impact Report. SCH# 2008092005.
January 2011.
4590 Patrick Henry Residential Project 92 Focused Initial Study City of Santa Clara April 2024
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
- substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on- or off-site;
- create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
- impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
e) Conflict with or obstruct
implementation of a water quality
control plan or sustainable groundwater
management plan?
Findings of the PHDSP FEIR
Construction Water Quality Impacts
All projects proposed under the PHDSP would implement site-specific and mandated measures to protect water quality, including but not limited to those measures required under the SCVURPPP. In addition, any project grading activity that would disturb more than one acre of soil would require a NOI and an NPDES permit from the San Francisco Bay RWQCB. Project owners would be required to submit a NOI to the RWQCB to be covered by the General Construction Permit prior to the beginning of construction and the General Construction Permit requires the preparation and implementation of a SWPPP. After completion of the project, the owners are required to submit a Notice of Termination to the RWQCB to indicate that construction is completed.
In addition, depending on the individual development proposals, grading permits would be required. For all grading permits, the City mandates site-specific measures to be implemented during grading to minimize construction period erosion, including a site-specific erosion and sediment control plan subject to City review and approval. The PHDSP FEIR concluded that with implementation of the required NDPES, SCVURPPP, and City construction period measures, the risk of construction period water quality impacts would be reduced to a less than significant level. 4590 Patrick Henry Residential Project 93 Focused Initial Study City of Santa Clara April 2024
Operational Water Quality Impacts
Build out of the PHDSP FEIR could result in contaminated stormwater runoff from petroleum and other contaminants from automobiles. Per the PHDSP FEIR, all projects within the PHDSP area would be required to comply with the RWQCB and City-mandated post-construction control measures to reduce post-construction water quality impacts.
In addition, the City of Santa Clara is subject to the terms of the countywide MRP which requires each project to implement post-construction measures to prevent or control pollutants in runoff (recommended measures are included in the Stormwater C.3 Guidebook) and identify a plan to inspect and maintain these measures. As part of the standard City development process, future project applicants would be required to submit, for City review and approval, a Santa Clara “C.3” data form, which would be used to determine whether C.3 requirements apply (i.e., projects meeting or exceeding the size threshold for impervious surfaces) and to identify which site design measures, pollutant source controls, and/or stormwater treatment measures are proposed to prevent runoff pollution. The PHDSP FEIR concluded that compliance with regulatory requirements would result in a less than significant post-construction water quality impact.
Groundwater Recharge and Groundwater Management
Implementation of the PHDSP is expected to decrease the proportion of the PHDSP area that is covered with impervious surface through application of LID techniques that would increase permeable area as well as the introduction of new landscaped, open space, and park areas. The PHDSP FEIR concluded that the PHDSP would not conflict with or obstruct implementation of the 2016 GWMP because the PHDSP area is not an area designated by Valley Water for groundwater recharge. The PHDSP was found to have a less than significant impact on groundwater recharge and groundwater management.
Drainage Patterns and Flooding Risks
As described in the PHDSP FEIR, the area is already developed with buildings, surface parking, and associated landscaping. The PHDSP FEIR concluded that the existing drainage patterns would not be substantially altered because implementation of stormwater control measures as required by the MRP would reduce the volume of stormwater runoff compared to the existing hardscape surfaces.
Certain portions of the PHDSP area are located in Special Flood Hazard Areas: AH and AO. An AH and AO flood zone has a one percent or greater chance of an annual shallow flooding. Areas within the AH zone include parcels south of Patrick Henry Drive. Areas within the AO flood zone are located within the northeastern corner of the PHDSP area on Old Ironside Drive. The other parcels in the PHDSP area are in Zone X, an area with reduced flood risk due to levee.
The PHDSP FEIR determined that compliance with regulatory requirements (e.g., MRP, City of Santa Clara Flood Damage Prevention Code, City of Santa Clara Green Stormwater Infrastructure Plan) 4590 Patrick Henry Residential Project 94 Focused Initial Study City of Santa Clara April 2024
would result in a less than significant impacts related to drainage patterns and flooding risks.
Flood Hazard, Tsunami, and Seiche Zones
The PHDSP area is not near bodies of water that would pose a hazard for a seiche or tsunami. Based on the PHDSP’s location, impacts related to seiches, tsunamis, and groundwater would be the same for all future developments facilitated by the PHDSP. No further discussion of these issues was provided.
Impacts Resulting from the Proposed Project
a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Construction Water Quality Impacts
The approximately 2.79-acre project site would disturb more than one acre of soil; therefore, the proposed project would be required to obtain a General Construction Permit. In addition, the project would be required to implement site-specific measures during grading to minimize construction period erosion as discussed in the PHDSP FEIR.
By complying with the requirements of the NPDES, SCVURPPP, and City construction period measures, construction of the proposed project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality.
Therefore, implementation of the project would not result in any new impacts or substantially increase the severity of the previously identified water quality impact from construction. [Same Impact as Approved Project (Less Than Significant Impact)] Post-Construction Impacts
Implementation of the project would decrease the amount of impervious areas from 101,480 square feet to 91,303 square feet, a net decrease of 10,177 square feet compared to the existing conditions. Since the proposed project would replace more than 5,000 square feet of impervious surfaces, the project would be required to comply with the provisions of the NPDES MRP consistent with the PHDSP FEIR. The MRP requires all post-construction stormwater runoff to be treated by numerically sized LID treatment controls, such as biotreatment facilities, unless the project is granted Special Project LID Reduction Credits, which would allow the project to implement non-LID measures for all or a portion of the site depending on the project characteristics. The project plans would be certified by engineers to ensure incorporation of appropriate and effective source control measures to meet LID requirements to prevent discharge of pollutants, reduce impervious surfaces, retain a percentage of runoff on-site for percolation, and treatment control measures to remove pollutants from runoff entering the storm drainage system. 4590 Patrick Henry Residential Project 95 Focused Initial Study City of Santa Clara April 2024
The project proposes to treat stormwater runoff from the project site with flow-through planters, bioretention areas, and landscaping. The final stormwater control plan shall be reviewed and approved by the City at the grading permit stage. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified hydrology and water quality impacts. [Same Impact as Approved Project (Less Than Significant Impact)] b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Groundwater within the vicinity of the site is estimated at a depth ranging from 5.5 to 14 feet bgs.
The project would not include any substantial excavations (except for trenching for utilities) since no below-grade parking is proposed. Additionally, the project is not located in an area used for groundwater recharge; therefore, the proposed project would not interfere with groundwater recharge or deplete supplies. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified groundwater recharge impacts. [Same Impact as Approved Project (Less Than Significant Impact)] c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site; substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or impede or redirect flood flows? The existing and proposed square footages of pervious and impervious surfaces for the project site are shown below in Table 4.7-1.
Table 4.7-1: Pervious and Impervious Surfaces On-Site
Existing/PreConstruction
(sq ft)
%
Project/PostConstruction
(sq ft)
%
Difference
(sq ft) %
Impervious Area
Subtotal 101,480 83 91,303 75 -10,177
Pervious Area
Subtotal 20,257 17 30,434 25 +10,177
Total: 121,737 100 121,737 100
4590 Patrick Henry Residential Project 96 Focused Initial Study City of Santa Clara April 2024
Implementation of the project would result in 91,303 square feet of impervious areas, a net decrease of 10,177 square feet of impervious areas compared to existing conditions. The proposed project would reduce stormwater runoff from the project site. As mentioned under checklist question a, the project would be required to comply with the MRP consistent with the PHDSP FEIR and would not substantially alter the existing drainage patterns. Therefore, the project would not substantially increase erosion or increase the rate or amount of stormwater runoff. The proposed project would not result in any new impacts or substantially increase the severity of the previously identified drainage impacts. [Same Impact as Approved Project (Less Than Significant Impact)] d) Would the project risk release of pollutants due to project inundation in flood hazard, tsunami, or seiche zones?
Due to the location of the project site, the project would not be subject to inundation by a seiche or tsunami. In addition, the project area is flat and there are no mountains in proximity; therefore, development of the project site would not cause mudflows that would impact adjacent properties.
As mentioned previously, the project site is located in Zone X, an area that is not subject to a 100- year flood hazard, and the project site is not located in a dam failure inundation hazard zone.
Therefore, the project would not release pollutants due to dam, seiche, or tsunami inundation.
Implementation of the proposed project would not result in any new impacts or substantially increase the severity of the previously identified impacts due to dam, seiche, or tsunami inundation. [Same Impact as Approved Project (Less Than Significant Impact)] e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
As discussed under checklist question a, the project would be required to comply with the MRP, SCVURPPP, and City construction period measures. The project would not include any substantial excavations since below-grade parking is not proposed; therefore, the project would not interfere with groundwater recharge or deplete groundwater supplies. For these reasons, implementation of the project would not conflict with, or obstruct implementation of, any water quality control plan or sustainable groundwater management plan. The proposed project would not result in any new impacts or substantially increase the severity of the previously identified impacts related to groundwater management plans. [Same Impact as Approved Project (Less Than Significant Impact)]
4590 Patrick Henry Residential Project 97 Focused Initial Study City of Santa Clara April 2024
Noise and Vibration
The following discussion is based on a Noise and Vibration Assessment prepared by I&R in November 2023. A copy of this report is included as Appendix G of this document.
4.8.1 Environmental Setting
Background Information
Noise
Factors that influence sound as it is perceived by the human ear, include the actual level of sound, period of exposure, frequencies involved, and fluctuation in the noise level during exposure. Noise is measured on a decibel scale, which serves as an index of loudness. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Each 10 decibel increase in sound level is perceived as approximately a doubling of loudness. Because the human ear cannot hear all pitches or frequencies, sound levels are frequently adjusted or weighted to correspond to human hearing. This adjusted unit is known as the A-weighted decibel, or dBA.
Since excessive noise levels can adversely affect human activities and human health, federal, state, and local governmental agencies have set forth criteria or planning goals to minimize or avoid these effects. Noise guidelines are generally expressed using one of several noise averaging methods, including Leq, DNL, or CNEL.35 These descriptors are used to measure a location’s overall noise exposure, given that there are times when noise levels are higher (e.g., when a jet is taking off from an airport or when a leaf blower is operating) and times when noise levels are lower (e.g., during lulls in traffic flows on freeways or in the middle of the night). Lmax is the maximum A-weighted noise level during a measurement period.
Vibration
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero.
Vibration amplitude can be quantified using Peak Particle Velocity (PPV), which is defined as the maximum instantaneous positive or negative peak of the vibration wave. PPV has been routinely used to measure and assess ground-borne construction vibration. Studies have shown that the threshold of perception for average persons is in the range of 0.008 to 0.012 inches/second (in/sec) peak particle velocity (PPV).
35 Leq is a measurement of average energy level intensity of noise over a given period of time. Day-Night Level (DNL) is a 24-hour average of noise levels, with a 10 dB penalty applied to noise occurring between 10:00 PM and 7:00 AM. Community Noise Equivalent Level (CNEL) includes an additional five dB applied to noise occurring between 7:00 PM and 10:00 PM. Where traffic noise predominates, the CNEL and DNL are typically within two dBA of the peak-hour Leq.
4590 Patrick Henry Residential Project 98 Focused Initial Study City of Santa Clara April 2024
Regulatory Framework
Federal
Federal Transit Administration
The Federal Transit Administration (FTA) has identified construction noise thresholds in the Transit Noise and Vibration Impact Assessment Manual.36 During daytime hours, an exterior threshold of 80 dBA Leq shall be applied at residential land uses and 90 dBA Leq shall be applied at commercial and industrial land uses.
State and Local
California Building Standards Code
The CBC establishes uniform minimum noise insulation performance standards to protect persons within new buildings housing people, including hotels, motels, dormitories, apartments, and dwellings other than single-family residences. Title 24 mandates that interior noise levels attributable to exterior sources not exceed 45 Ldn/CNEL in any habitable room. Exterior windows must have a minimum Sound Transmission Class (STC) of 40 or Outdoor-Indoor Transmission Class (OITC) of 30 when the property falls within the 65 dBA DNL noise contour for a freeway or expressway, railroad, or industrial source.
City of Santa Clara 2010-2035 General Plan
The City of Santa Clara’s General Plan identifies noise and land use compatibility standards for various land uses and establishes policies to control noise within the community. Table 8.14-1 from the General Plan shows acceptable noise levels for various land uses. Residential land uses are considered compatible in noise environments of 55 dBA CNEL or less. The guidelines state that where the exterior noise levels are greater than 55 dBA CNEL and less than 70 dBA CNEL at residential uses, the design of the project should include measures to reduce interior noise to acceptable levels.
General Plan policies applicable to noise and vibration include, but are not limited to, the following listed below.
Policies Description
5.5.2-P3 Implement site design solutions, such as landscaping and increased building setbacks, to provide a buffer between non-residential and residential uses.
5.5.2-P4 Provide adequate separation between incompatible land uses in order to minimize negative effects on surrounding existing and planned development. 36 Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, FTA Report No. 0123, September 2018.
4590 Patrick Henry Residential Project 99 Focused Initial Study City of Santa Clara April 2024
Policies Description
5.10.6-P1 Review all land use and development proposals for consistency with the General Plan compatibility standards and acceptable noise exposure levels defined on Table 5.10-1.
5.10.6-P2 Incorporate noise attenuation measures for all projects that have noise exposure levels greater than General Plan “normally acceptable” levels, as defined on Table 5.10-1.
5.10.6-P3 New development should include noise control techniques to reduce noise to acceptable levels, including site layout (setbacks, separation and shielding), building treatments (mechanical ventilation system, sound-rated windows, solid core doors and baffling) and structural measures (earthen berms and sound walls).
5.10.6-P5 Require noise-generating uses near residential neighborhoods to include solid walls and heavy landscaping along common property lines, and to place compressors and mechanical equipment in sound-proof enclosures.
Santa Clara City Code
Section 9.10.040 of the City Code establishes noise level performance standards for fixed sources of noise, as seen below in Schedule A. Noise levels at single-family residences, multi-family residences, and at public spaces are limited to 55 dBA during daytime hours (7:00 AM to 10:00 PM) and 50 dBA at night (10:00 PM to 7:00 AM).
Construction activities are not permitted within 300 feet of residentially zoned property except within the hours of 7:00 AM and 6:00 PM on weekdays and 9:00 AM and 6:00 PM on Saturdays. No construction is permitted on Sundays or holidays.
Existing Conditions
Based on the noise monitoring completed for the PHDSP FEIR, the existing noise environment in the PHDSP area consists primarily of transportation noise sources (i.e., vehicles on Great America Parkway, Patrick Henry Drive, etc.) and local commercial building operations. The nearest sensitive receptors are the single-family residences located approximately 185 feet west of the project site.
4.8.2 Impact Discussion
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same
Impact as
Approved
Project
Less Impact
than
Approved
Project
Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
4590 Patrick Henry Residential Project 100 Focused Initial Study City of Santa Clara April 2024
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same
Impact as
Approved
Project
Less Impact
than
Approved
Project
Would the project result in:
b) Generation of excessive groundborne
vibration or groundborne noise levels?
c) For a project located within the vicinity of
a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or working
in the project area to excessive noise
levels?
Findings of the PHDSP FEIR
Construction Noise
The PHDSP FEIR concluded that the construction of the future developments associated with the PHDSP would generate noise levels that would exceed the City’s standards and/or otherwise result in a substantial, temporary increase in ambient noise levels in the vicinity. The following mitigation measure is included in the PHDSP FEIR to reduce construction noise impacts to less than significant.
Mitigation Measure 13-1: To reduce potential noise levels from Specific Plan related construction activities, the City shall ensure future development projects within the Plan Area:
1) Notify Residential and Commercial Land Uses of Planned Construction Activities. This notice shall be provided at least one week prior to the start of any construction activities, describe the noise control measures to be implemented by the Project, and include the name and phone number of the designated contact for the Applicant/project representative and the City of Santa Clara responsible for handling construction-related noise complaints (per Section 8). This notice shall be provided to: A) The owner/occupants of residential dwelling units within 500 feet of construction work areas; B) The owner/occupants of commercial buildings (including Mission College) within 200 feet of construction work areas or within 400 feet of construction work areas if pile driving equipment will be used; and C) Mission College when construction work areas are within 500 feet of College athletic fields. 2) Notify Calaveras Creek Trail Users of Construction Activities. Prior to the start of construction activities within 500 feet of Calaveras Creek Trail, signs shall be posted along the trail warning of potential temporary 4590 Patrick Henry Residential Project 101 Focused Initial Study City of Santa Clara April 2024
elevated noise levels during construction. Signs shall be posted within 250 feet of impacted trail segments (i.e., portions of the trail within 500 feet of a work area) and shall remain posted throughout the duration of all substantial noise generating construction activities (typically demolition, grading, and initial foundation installation activities). 3) Restrict Work Hours. All construction-related work activities, including material deliveries, shall be subject to the requirements of City Municipal Code Section 9.10.230. Construction activities, including deliveries, shall occur only during the hours of 7:00 AM to 6:00 PM, Monday through Friday, and 9 AM to 6 PM on Saturday, unless otherwise authorized by City permit. The applicant/project representative and/or its contractor shall post a sign at all entrances to the construction site informing contractors, subcontractors, construction workers, etc. of this requirement.
4) Control Construction Traffic and Site Access. Construction traffic, including soil and debris hauling, shall follow City-designated truck routes and shall avoid routes (including local roads in the Plan Area) that contain residential dwelling units to the maximum extent feasible given specific project location and access needs.
5) Construction Equipment Selection, Use, and Noise Control Measures. The following measures shall apply to construction equipment used in the Plan Area: A) To the extent feasible, contractors shall use the smallest size equipment capable of safely completing work activities; B) Construction staging shall occur as far away from residential and commercial land uses as possible; C) All stationary noise generating equipment such as pumps, compressors, and welding machines shall be shielded and located as far from sensitive receptor locations as practical.
Shielding may consist of existing vacant structures or a three- or foursided enclosure provide the structure/barrier breaks the line of sight between the equipment and the receptor engines shall be equipped with standard noise suppression devices such as mufflers, engine covers, and engine/mechanical isolators, mounts, etc. These devices shall be maintained in accordance with manufacturer’s recommendations during active construction activities; E) Pneumatic tools shall include a noise suppression device on the compressed air exhaust; F) The applicant/project representative and/or their contractor shall connect to existing electrical service at the site to avoid the use of stationary power generators; G) No radios or other amplified sound devices shall be audible beyond the property line of the construction site. 6) Implement Construction Activity Noise Control Measures: The following measures shall apply to construction activities in the Plan Area: A) Demolition: Activities shall be sequenced to take advantage of existing 4590 Patrick Henry Residential Project 102 Focused Initial Study City of Santa Clara April 2024
shielding/noise reduction provided by existing buildings or parts of buildings and methods that minimize noise and vibration, such as sawing concrete blocks, prohibiting on-site hydraulic breakers, crushing, or other pulverization activities, shall be employed to the maximum extent feasible; B) Demolition Site Preparation, Grading, and Foundation Work:
During all demolition, site preparation, grading, and structure foundation work activities within 500 feet of a residential dwelling unit or 250 feet of a commercial building (including Mission College), a physical noise barrier capable of achieving a minimum 10 dB reduction in construction noise levels shall be installed and maintained around the site perimeter to the maximum extent feasible given site constraints and access requirements. Potential barrier options capable of achieving a 10 dB reduction in construction noise levels could include, but are not limited to: i) A six-foot-high concrete, wood, or other barrier installed at-grade (or mounted to structures located at-grade, such as a K-Rail), and consisting of a solid material (i.e., free of openings or gaps other than weep holes) that has a minimum rated transmission loss value of 20 dB; ii) Commercially available acoustic panels or other products such as acoustic barrier blankets that have a minimum sound transmission class (STC) or transmission loss value of 20 dB; iii) any combination of noise barriers and commercial products capable of achieving a 10 dBA reduction in construction noise levels during demolition, site preparation, grading, and structure foundation work activities; iv) The noise barrier may be removed following the completion of building foundation work (i.e., it is not necessary once framing and typical vertical building construction begins provided no other grading, foundation, etc. work is still occurring on-site); and C) Pile Driving: If pile driving activities are required within 500 feet of a residential dwelling unit or 400 feet of a commercial building (including Mission College), the piles shall be predrilled with an auger to minimize pile driving equipment run times. 7) Prepare Project-Specific Construction Noise Evaluation. Prior to the start of any specific construction project lasting 12 months or more, the City shall review and approve a project-specific construction noise evaluation prepared by a qualified acoustical consultant that: A) Identifies the planned project construction sequence and equipment usage; B) Identifies typical hourly average construction noise levels for project construction equipment; C) Compares hourly average construction noise levels to ambient noise levels at residential and commercial land uses near work areas (ambient noise levels may be newly measured or presumed to be consistent with those levels shown in Table 13-2 and 13- 3 of the Patrick Henry Drive Specific Plan Draft Environmental Impact Report (EIR); and D) Identifies construction noise control measures incorporated into the project that ensure: i) activities do not generate 4590 Patrick Henry Residential Project 103 Focused Initial Study City of Santa Clara April 2024
noise levels that are above 60 dBA Leq at a residential dwelling unit and exceed the ambient noise environment by at least 5 dBA Leq for more than one year; and ii) activities do not generate noise levels that are above 70 dBA Leq at a commercial building (including Mission College) and exceed the ambient noise environment by at least 5 dBA Leq for more than one year. Such measures may include, but are limited to: a) The requirements of Sections 4, 5, 6, and 8; B) Additional project and/or equipment-specific enclosures, barriers, shrouds, or other noise suppression methods. The use of noise control blankets on building facades shall be considered only if noise complaints are not resolvable with other means or methods.
8) Prepare a Construction Noise Complaint Plan. The Construction Noise Complaint Plan shall: A) Identify the name and/or title and contact information (including phone number and email) for a designated project and City representative responsible for addressing constructionrelated noise issues; B) Includes procedures describing how the designated project representative will receive, respond, and resolve construction noise complaints; C) At a minimum, upon receipt of a noise complaint, the project representative shall notify the City contact, identify the noise source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint; D) The elements of the Construction Noise Complaint Plan may be included in the project-specific noise evaluation prepared to satisfy Section 7 or as a separate document.
9) Owner/Occupant Disclosure: The City shall require future occupants/tenants in the Plan Area receive disclosure that properties in the Plan Area may be subject to elevated construction noise levels from development in the Plan Area. This disclosure shall be provided as part of the mortgage, lease, sub-lease, and/or other contractual real-estate transaction associated with the subject property.
The PHDSP FEIR concluded that implementation of Mitigation Measure 13-1 would reduce impacts related to temporary construction noise levels to a less than significant level.
Construction Vibration Levels
Construction activities have the potential to result in varying degrees of ground vibration, depending on the specific construction equipment used and activities involved. Since projectspecific information was not available at the time the PHDSP FEIR was prepared, the PHDSP FEIR concluded that the construction of the future developments associated with the PHDSP would generate vibration levels above City standards and/or otherwise result in excessive ground-borne vibration levels.
4590 Patrick Henry Residential Project 104 Focused Initial Study City of Santa Clara April 2024
The following mitigation measure is included in the PHDSP FEIR to reduce construction vibration impacts to a less than significant level.
Mitigation Measure 13-2: To reduce potential vibration-related structural damage and other excessive vibration levels from Specific Plan related construction activities, the City shall ensure future development projects within the Plan Area:
1) Notify Residential and Commercial Land Uses of Planned Construction Activities. See Patrick Henry Drive Specific Plan Draft Environmental Impact Report (EIR) Mitigation Measure 13-1, Section 1. 2) Restrict Work Hours. See Patrick Henry Drive Specific Plan Draft EIR Mitigation Measure 13-1, Section 2.
3) Prohibit Vibratory Equipment if Feasible. The use of large vibratory rollers, vibratory/impact hammers, and other potential large vibrationgenerating equipment (e.g., hydraulic breakers/hoe rams) shall be prohibited within 100 feet of any residential building façade and 50 feet of any commercial building façade during construction activities. Plate compactors and compactor rollers are acceptable, and deep foundation piers or caissons shall be auger drilled.
4) Prepare Project-Specific Construction Vibration Evaluation Plan. If it is not feasible to prohibit vibratory equipment per Section 3) due to siteor project-specific conditions or design considerations, the City shall review and approve a project-specific construction vibration evaluation that: A) Identifies the project’s planned vibration-generating construction activities (e.g., demolition, pile driving, vibratory compaction); B) the potential project-specific vibration levels (given project-specific equipment and soil conditions, if known) at specific building locations that may be impacted by the vibration-generating work activities (generally buildings within 50 feet of the work area); C) Identifies the vibration control measures incorporated into the project that ensure equipment and work activities would not damage buildings or result in vibrations that exceed Caltrans’ strongly perceptible vibration detection threshold for peak particle velocity (PPV) of 0.1 inches/second (in/sec). Such measures may include, but are not limited to: i) the requirements of Sections 1, 2, and 3; ii) the use of vibration monitoring to measure actual vibration levels; iii) the use of photo monitoring or other records to document building conditions prior to, during, and after construction activities; and iv) the use of other measures such as trenches or wave barriers; D) Identifies the name (or title) and contact information (including phone number and email) of the Contractor and City-representatives responsible for addressing construction vibrationrelated issues; and E) Includes procedures describing how the 4590 Patrick Henry Residential Project 105 Focused Initial Study City of Santa Clara April 2024
construction contractor will receive, respond, and resolve to construction vibration complaints. At a minimum, upon receipt of a vibration complaint, the Contractor and/or City representative described in the first sub-bullet above shall identify the vibration source generating the complaint, determine the cause of the complaint, and take steps to resolve the complaint by reducing ground-borne vibration levels to peak particle velocity levels that do not exceed accepted guidance or thresholds for structural damage that are best applicable to potentially impacted buildings (e.g., see Patrick Henry Drive Specific Plan Draft EIR Table 13-6) and Caltrans’ strongly perceptible vibration detection threshold (PPV of 0.1 in/sec, see Patrick Henry Drive Specific Plan Draft EIR Table 13-7).
The PHDSP FEIR concluded that implementation of Mitigation Measure 13-2 would reduce impacts related to construction vibration levels to a less than significant level.
On-site Noise-Generating Sources
The PHDSP FEIR concluded that the build out of the PHDSP would result in new operational noise generation sources, such as roadway and infrastructure improvements and new on-site equipment, which would generate noise levels in excess of applicable City Standards. The following mitigation measure is included in the PHDSP to reduce impacts related to on-site noise-generating sources.
Mitigation Measure 13-3: Control Fixed and Other On-site Noise-Generating Sources and Activities. To ensure on-site, operations-related equipment and activities associated with the Specific Plan do not generate noise levels that exceed City standards or otherwise result in a substantial permanent increase in ambient noise levels, future development projects shall submit a projectspecific operational noise analysis to the City for review and approval prior to the issuance of the first building permit for the project, or as otherwise determined by the City. The noise analysis shall be prepared by a qualified acoustical consultant and shall identify all major fixed machinery and equipment, non-residential truck docks/dedicated loading zones, waste collection areas, and above ground parking garages included in the final project design/site plan. The noise analysis shall also document how project noise sources and activities will comply with the exterior sound limits established in Municipal Code Section 9.10.040, Schedule A and the noise compatibility guidelines in General Plan Table 8.14-1. Fixed machinery and equipment may include, but is not limited to, pumps, fans (including air intake or exhaust fans in parking garages), compressors, air conditioners, generators, and refrigeration equipment. The control of noise from such equipment may be accomplished by selecting quiet equipment types, siting machinery and equipment inside buildings, within an enclosure (e.g., equipment cabinet or mechanical closets, or behind a parapet wall or other 4590 Patrick Henry Residential Project 106 Focused Initial Study City of Santa Clara April 2024
barrier/shielding. Truck docks/dedicated loading zones consist of a loading dock or other dedicated area for the regular loading and unloading of retail, commercial, or other non-residential goods from delivery trucks. The control of noise from such truck docks/loading areas, waste collection areas, and parking garages may be accomplished by placing such areas away from sensitive land uses, restricting activities or operating hours for certain areas, or other design means.
The PHDSP FEIR concluded that implementation of Mitigation Measure 13-3 would reduce impacts related to on-site noise levels to a less than significant level.
Traffic Noise Levels
Implementation of the PHDSP would increase the resident and employee population within the City and increase the number of vehicle trips and traffic-related noise levels. Build out of the PHDSP would substantially increase existing and future traffic noise levels exceeding City noise and land use compatibility standards. The following roadway segments would experience substantial increases in noise on a project- and cumulative-basis due to the build out of the PHDSP:
• Lawrence Expressway from State Route (SR) 237 to Tasman Drive • Great America Parkway from Old Glory Lane to Patrick Henry Drive • Great America Parkway from Patrick Henry Drive to Mission College Boulevard • Mission College Boulevard loop north of Mission College Boulevard • Tasman Drive from Patrick Henry Drive to Old Glory Lane • Tasman Drive from Lawrence Expressway to Patrick Henry Drive The traffic generated from the build out of the PHDSP would result in an approximately one decibel increase in traffic noise levels compared to existing conditions. A one decibel increase would not exceed City guidelines for noise and land use compatibility; however, the roadways within the PHDSP area already experience high levels of traffic-generated noise and the build out of the PHDSP would only exacerbate the noise levels for noise-sensitive land uses. Installation of physical barriers to reduce noise is infeasible and reviewing land use compatibility for noise-sensitive developments would not protect existing developments from the anticipated noise levels from traffic. For these reasons, impacts would be significant and unavoidable.
Operational Vibrations
Development proposed under the PHDSP could include a mix of residential, mixed-use, flex, and/or office land uses which could involve machinery and equipment that generate vibration levels in exceedance of the City’s vibration perception threshold of 0.01 in/sec PPV. The PHDSP FEIR concluded that the potential pumps, generators, and other typical equipment would be securely mounted and not large enough to generate substantial vibrations beyond the immediate vicinity of the equipment. In addition, the PHDSP does not propose or support any large vibration-inducing 4590 Patrick Henry Residential Project 107 Focused Initial Study City of Santa Clara April 2024
equipment or land use activities and, as a result, the PHDSP would not result in excessive groundborne vibration levels.
Airport-Related Noise
The Norman Y. Mineta International Airport CLUP establishes the 65 dBA CNEL noise contour as the noise restriction area for residential land uses and General Plan Policy 5.10.6-P8 encourages safe and compatible land uses within the airport’s noise restriction area. While a portion of the PHDSP area is located within the airport’s AIA, the PHDSP area is not located within the 65 dBA CNEL contour. Future owners in the PHDSP area that own property in the AIA and rent or lease property for residential use shall be required to include a disclosure in the rental/lease agreement with the tenant that the property is within a high noise area associated with airport operations and may be exposed to airport-related noise levels greater than 65 dBA CNEL per Policy N-5 of the CLUP.
Therefore, build out of the PHDSP FEIR would not expose people residing or working in the project area to excessive noise levels.
Other Disclosures and Planning Considerations
Per the California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal.4th 369 (2015) ruling, projects are not required to analyze how existing conditions might impact a project’s existing or future population. The following discussion is included for informational purposes only because the City of Santa Clara has policies that address existing noise environment affecting a proposed project.
The City’s General Plan establishes 70 dBA CNEL as the conditionally acceptable noise limit for residential land uses and 75 dBA CNEL as the conditionally acceptable noise limit for commercial and recreational land uses. General Plan Policy 5.10.6-P1 requires the City to review land use and development projects for consistency with these standards, and General Plan Policies 5.10.6-P2 and
5.10.6-P3 require the incorporation of noise attenuation measures and noise control techniques where noise exposure levels are greater than normally acceptable levels. In addition, the CBC establishes that interior noise levels attributable to exterior noise sources shall not exceed 45 CNEL (as established by the General Plan) for residential developments.
Based on existing and potential future CNEL values measured in and modeled for the PHDSP area, between approximately two and six dBA of exterior noise attenuation may be needed to meet the conditionally acceptable noise levels for commercial and residential land uses, respectively, at exterior use areas such as open space, exterior recreational areas, and private yards and patios.
Projects that are located west of Old Glory Lane would be located more than 400 feet west of Great America Parkway and subjected to lower noise levels (estimated to be less than 70 CNEL) but could still require specific site design and noise control measures to comply with land use compatibility standards and interior noise requirements. Projects located along Patrick Henry Drive in the western part of the PHDSP area would unlikely require special site design or noise control measures unless ambient noise levels were to substantially increase in the PHDSP area as a result of development or increased vehicle traffic. Nevertheless, future development proposed under the 4590 Patrick Henry Residential Project 108 Focused Initial Study City of Santa Clara April 2024
PHDSP would be required to comply with the following Condition of Approval to ensure consistency with the City’s noise standards.
Condition of Approval NOI-1: Prepare Final Acoustical Analysis. Future development projects shall submit a project-specific acoustical analysis to the City for review and approval prior to the issuance of the first building permit for the project, or as otherwise determined by the City. The analysis shall be prepared by a qualified acoustical consultant, based on the final design of the project, and identify:
1) Exterior noise levels at all property lines, building facades, and public or common open space, recreation, and/or other exterior use area boundaries. 2) Final site and building design measures that would attenuate noise in public open space and recreational lands to 65 CNEL or less, if feasible, but not more than 75 CNEL. This may be achieved by locating such areas away from major roadways or providing setbacks for facilities adjacent to major roadways (e.g., orienting parking and other support areas closer to roadways.)
3) Final site and building design measures that would attenuate noise to no more than 70 CNEL and 75 CNEL at common residential and commercial exterior use areas, respectively (this does not include private balconies).
4) Final site and building design measures that would achieve exterior to interior noise reduction levels necessary to meet a 45 CNEL interior noise level for residential and other sensitive land uses and a 50 dBA hourly Leq noise level for offices, retail, and other less sensitive indoor spaces (when in operation). Such standards are to be achieved with a windows closed condition. The specific attenuation measures necessary for the project will depend on the specific project location, ambient noise levels, and project design. Potential noise insulation design features that may be required to achieve interior noise levels include sound barriers, enhanced exterior wall, ceiling, and roof assemblies with above average sound transmission class or outdoor/indoor transmission class values, enhanced insulation methods (acoustical caulking, louvered vents, etc.).
The identified Condition of Approval would ensure future development projects in the PHDSP area are designed and constructed in a manner that is compatible with the existing ambient noise environment and consistent with state noise requirements and City goals, policies, and standards for the types of land uses proposed.
4590 Patrick Henry Residential Project 109 Focused Initial Study City of Santa Clara April 2024
Impacts Resulting from the Proposed Project
a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Construction Impacts
Construction of the project is anticipated to occur over a period of 27 months which would generate considerable amounts of noise, especially during earthmoving activities when heavy equipment is used. Pile driving is not proposed.
As required per Mitigation Measure 13-1 1) Notify Residential and Commercial Land Uses of Planned Construction Activities, the residences located within 500 feet of the project site along Mazano Way, Oak Creek Way, and Prescott Avenue and the four commercial properties located within 200 feet of the project site which include 4600 Patrick Henry Drive to the north, 4701 Patrick Henry Drive to the northeast, 4575 Patrick Henry Drive to the east, and 3200 Patrick Henry Drive to the south shall be given notice at least one week prior to the start of construction activities and a description of noise control measures to be implemented by the project (refer to Mitigation Measure 13-1 6) Implement Construction Activity Noise Control Measures). Since the Mission College athletic field is located over 500 feet from the project site, notification would not be required. In addition, future occupants or tenants in the PHDSP area shall receive disclosure that properties within the PHDSP area may be subject to construction noise levels from development in the PHDSP area and this disclosure shall be provided as part of the mortgage, lease, sub-lease, and/or other contractual real-estate transaction associated with the subject property consistent with Mitigation Measure 13-1 9) Owner/Occupant Disclosure. The western property boundary is located approximately 71 feet east of the Calabazas Creek Trail. The project would be required to comply with Mitigation Measure 13-1 2) Notify Calaveras Creek Trail Users of Construction Activities and post signs along Calabazas Creek trail warning the trail users of construction activities. The project would also be required to comply with Chapter 9.10 of the City Code which includes the City’s allowable construction work hours per Mitigation Measure 13-1 3) Restrict Work Hours.
Access to the site would be provided via Patrick Henry Drive. The proposed project shall, to the extent feasible, utilize SR 237 and Highway 101 (US 101), Great America Parkway, and other major roadways in the site vicinity and avoid routes that contain residential dwelling units consistent with Mitigation Measure 13-1 4) Control Construction Traffic and Site Access As proposed, the construction staging would be located south of the building area and would be separated from 3200 Patrick Henry Drive to the south by the proposed open space. The construction staging area would be located as far away as possible from residential and commercial land uses and small stationary noise sources would be shielded when these sources result in a complaint or are identified by City staff or the contractor as having the potential to result in complaints. The proposed project would be required to implement all other measures identified in Mitigation Measure 13-1 5) Construction Equipment Selection, Use, and Noise Control Measure. 4590 Patrick Henry Residential Project 110 Focused Initial Study City of Santa Clara April 2024
Because there are existing residences and commercial properties located within 500 feet of the proposed construction areas, a project-specific construction noise assessment was prepared for the site and construction noise impacts at the nearby commercial and residential building façades were estimated for each phase of construction. The noise levels assumed construction equipment would be used along the outer boundary of the building footprint (worst-case scenario) and construction equipment would be located at the center of the construction site. As recommend by the FTA, the Federal Highway Administration’s (FHWA’s) Roadway Construction Noise Model (RCNM) was used to calculate the hourly average noise levels for each phase of construction, assuming the two loudest pieces of equipment would operate simultaneously. Table 4.8-1 below lists the equipment that would be used during construction and the estimated construction noise levels at nearby land uses from the boundary of the site while Table 4.8-2 lists the equipment that would be used during construction and the estimated construction noise levels at nearby land uses from the center of the construction site. Where noise from construction activities exceeds the ambient noise environment by at least five dBA Leq at noise-sensitive uses in the area for a period exceeding one year, the impact would be considered significant.
Table 4.8-1: Construction Noise Levels – Construction Equipment at Boundary of Site Phase
Calculated Hourly Average Leq (dBA) at Nearest Buildings Construction
Equipment
Noise
Level
at 50
feet
North
Comm
(50 feet)
Northeast
Comm
(155 feet)
East
Comm
(160 feet)
South
Comm
(130 feet)
West Res
(205 feet)
Demolition Excavator*
Skid Steer
Loader
80 80 70 70 72 68
Site Preparation Excavator*
Skid Steer
Loader*
79 79 69 69 71 67
Grading/
Excavation
Grader*
Rubber Tired
Dozer
Tractor/Loader/
Backhoe*
84 84 74 74 76 72
Trenching/
Foundation
Tractor/Loader/
Backhoe*
Concrete Trucks
81 81 71 71 73 69
Building Exterior
Crane
Forklift
Tractor/Loader/
Backhoe*
81 81 71 71 73 69
Building Interior/
Architectural
Coating
Aerial Lift* 71 71 61 61 63 59
4590 Patrick Henry Residential Project 111 Focused Initial Study City of Santa Clara April 2024
Phase
Calculated Hourly Average Leq (dBA) at Nearest Buildings Construction
Equipment
Noise
Level
at 50
feet
North
Comm
(50 feet)
Northeast
Comm
(155 feet)
East
Comm
(160 feet)
South
Comm
(130 feet)
West Res
(205 feet)
Paving
Cement and
Mortar Mixer*
Paver
Paving
Equipment
Roller
80 80 70 70 72 68
Note: The construction noise levels at the nearby building façades were estimated assuming construction equipment is used along the outer boundary of the proposed building footprint (worst-case scenario). * denotes two loudest pieces of construction equipment per phase Res - Residential
Comm - Commercial
Table 4.8-2: Construction Noise Levels – Construction Equipment at Center of Site Phase
Calculated Hourly Average Leq (dBA) at Nearest Buildings Construction
Equipment
Noise
Level
at 50
feet
North
Comm
(155 feet)
Northeast
Comm
(345 feet)
East
Comm
(330 feet)
South
Comm
(285 feet)
West
Res
(400 feet)
Demolition Excavator*
Skid Steer
Loader
80 70 63 64 65 62
Site Preparation Excavator*
Skid Steer
Loader*
79 69 62 63 64 61
Grading/
Excavation
Grader*
Rubber Tired
Dozer
Tractor/Loader/
Backhoe*
84 74 67 68 69 66
Trenching/Founda
tion
Tractor/Loader/
Backhoe*
Concrete Trucks
81 71 64 65 66 63
Building Exterior
Crane
Forklift
Tractor/Loader/
Backhoe*
81 71 64 65 66 63
4590 Patrick Henry Residential Project 112 Focused Initial Study City of Santa Clara April 2024
Phase
Calculated Hourly Average Leq (dBA) at Nearest Buildings Construction
Equipment
Noise
Level
at 50
feet
North
Comm
(155 feet)
Northeast
Comm
(345 feet)
East
Comm
(330 feet)
South
Comm
(285 feet)
West
Res
(400 feet)
Building Interior/
Architectural
Coating
Aerial Lift*
71 61 54 55 56 53
Paving
Cement and
Mortar Mixer*
Paver
Paving
Equipment
Roller
80 70 63 64 65 62
Note: Please note the distances listed above represents the approximate distance from the center of the project site to the nearest property line of the adjacent uses. This distance is used to determine the average noise level throughout the course of construction as it occurs throughout the site. * denotes two loudest pieces of construction equipment per phase Res - Residential
Comm - Commercial
As shown in the tables above, construction noise levels would range from 61 to 84 dBA Leq at the commercial building façade to the north, from 54 to 74 dBA Leq at the commercial building façade to the northeast, from 55 to 74 dBA Leq at the commercial building façade to the east, from 56 to 76 dBA Leq at the commercial building façade to the south, and from 53 to 72 dBA Leq at the residences to the west. The exterior threshold of 70 dBA Leq at the nearby commercial buildings and 60 dBA Leq at the nearest residences would be exceeded. The commercial buildings to the northeast, east, and south would be exposed to noise levels exceeding 70 dBA Leq for less than a year; therefore, mitigation would not be required for these receptors. The commercial building to the north would be exposed to noise levels exceeding 70 dBA Leq for more than a year from grading/excavation, trenching/foundation, and building exterior construction phases. The ambient noise levels along this segment of Patrick Henry Drive would range from 60 to 65 dBA Leq (during the daytime); therefore, the existing ambient noise level would be exceeded. The residences to the west would be exposed to noise levels above 65 dBA Leq for more than a year and would exceed the existing ambient noise levels by more than five dBA.
Impact NOI-1: Construction noise levels would exceed the exterior threshold of 70 dBA Leq at the nearby commercial buildings and 60 dBA Leq at the nearest residences and the existing ambient noise levels would be exceeded by more than five dBA for more than one year.
Mitigation Measure
In addition to Mitigation Measures 13-1 1) to 6) and consistent with Mitigation Measure 13-1 6) to 8) Prepare Project-Specific Construction Noise Evaluation, the proposed project would be required 4590 Patrick Henry Residential Project 113 Focused Initial Study City of Santa Clara April 2024
to comply with the following mitigation to reduce construction noise at the adjacent residential and commercial land uses.
MM NOI-1.1: A temporary 12-foot tall construction noise barrier, measured above grade, shall be constructed along the northern and western property lines as shown in Figure 4.8-1. The two most common construction site noise barriers are constructed of plywood or quilted noise control blankets. The noise barrier shall be solid, without cracks or gaps over its face or at the base, have a surface weight of at least two pounds per square foot (e.g., 5/8-inch plywood) or have a Sound Transmission Class (STC) rating of at least STC 20.
MM NOI-1.2: The project applicant shall submit and implement a Construction Noise Complaint Plan that establishes protocols for receiving and logging complaints, explaining how the complaint will be addressed, identifying the source(s) of the complaint, and determining and implementing the steps necessary to resolve the complaint. The contact information (including phone number and email) for the designated representatives of the project applicant or project representative and City will be determined prior to notification and included in the notification letter.
The project applicant or project representative and the City shall determine how complaints are communicated, documented, and resolved. The following procedures shall be implemented in response to complaints related to construction noise:
• Establish a complaint log.
• Create a standardized complaint form so that critical information regarding a complaint can be documented (See Attachment 1 of Appendix G).
• The designated project applicant or representative shall be responsible for responding to all complaints.
• If someone other than a designated project applicant or representative or the City receives a complaint, immediately route the complaint to the designated Applicant/representative.
• Receipt of the complaint shall be acknowledged to the complainant within 72 hours.
• The designated project applicant or representative shall obtain information regarding the complaint and record the information on the complaint form and enter the complaint in the complaint log. • Confirm source of complaint and determine a plan for implementing corrective actions.
Source: Illingworth & Rodkin, Inc., November
2, 2023.
LOCATION OF TEMPORARY NOISE BARRIERS FIGURE 4.8-1
City of Santa Clara4590 Patrick Henry Residential Project 114 Focused Initial Study April 2024
4590 Patrick Henry Residential Project 115 Focused Initial Study City of Santa Clara April 2024
• After implementation of corrective actions, contact complainant to determine if the issue has been resolved.
The temporary construction noise barriers would reduce construction related noise levels at the nearby receptors by at least 10 dBA. With implementation of Mitigation Measures NOI-1.1 and NOI1.2 and Mitigation Measures 13-1 1) to 6), the project’s impact from construction noise would be reduced to a less than significant level. The project would not result in any new impacts or substantially increase the severity of the previously identified construction noise impact. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)] Operational Impacts
Project-Generated Traffic Noise
As discussed in the PHDSP FEIR, traffic generated from the build out of the PHDSP would result in an approximately one decibel increase in traffic noise levels compared to existing conditions. While full build out of the PHDSP would have a significant unavoidable traffic noise impact, the proposed project is consistent with the PHDSP development projections and would generate only a small fraction of the total trips estimated for the PHDSP and would not result in any new impacts or substantially increase the severity of the previously identified impact related to project-generated traffic noise. [Less Impact than Approved Project (Significant Unavoidable Impact)] On-site Noise-Generating Sources
Based on a review the plans, potential operational noise sources include rooftop supply and exhaust fans, heating, ventilation, and air conditioning (HVAC) equipment, three transformers located outside the building along Patrick Henry Drive, and one transformer located near the southwest corner of the building. The applicable noise limit for the Light Industrial land use category would be 70 dBA. If the adjacent properties were to be constructed into residential developments prior to the completion of the proposed project, then the thresholds would be 55 dBA during the daytime (7:00 AM to 10:00 PM) and 50 dBA during the nighttime (10:00 PM to 7:00 AM) per City Code Section 9.10.040, Schedule A.
Assuming all equipment would operate simultaneously, the HVAC noise levels would be less than 30 dBA Leq at the property lines of nearby land uses which would not exceed the residential thresholds of 55 dBA during the daytime and 50 dBA during the nighttime. Specifications for the three transformers along Patrick Henry Drive were not available at the time the analysis was prepared.
Transformers up to 1,000 kilo-volt-amperes (kVA) typically generate noise levels up to 64 dB, the average level measured one foot from the surface of the transformer. Transformers up to 10,000 kVA typically generate noise levels up to 68 dBA. Assuming worst-case scenario, the noise from the two transformers located adjacent to each other on the northeast corner of the building would range from 31 dBA to 35 dBA at the nearest property line across Patrick Henry Drive. Therefore, the estimated noise levels from the transformers would not exceed the allowable limits. Additionally, equipment proposed in the mechanical rooms would be fully enclosed and would not affect adjacent land uses.
4590 Patrick Henry Residential Project 116 Focused Initial Study City of Santa Clara April 2024
Consistent with the PHDSP FEIR, implementation of the project would not result in any new impacts or substantially increase the severity of the previously identified noise impact from on-site noisegenerating sources. [Less Impact Than Approved Project (Less Than Significant Impact with Mitigation Incorporated)]
b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels?
Project construction could generate perceptible vibration when heavy equipment or impact tools (e.g., jackhammers, hoe rams) are used. Construction activities would include grading, foundation work, paving, and new building framing and finishing. As mentioned previously, pile driving is not proposed. The project would be required to comply with Mitigation Measure 13-2 1) Notify Residential and Commercial Land Uses of Planned Construction Activities and 2) Restrict Work Hours. All vibratory equipment would be more than 200 feet from the nearest residential building façade, and more than 50 feet from the nearest commercial building façade; therefore, the project would comply with Mitigation Measure 13-2 3) Prohibit Vibratory Equipment if Feasible.The California Department of Transportation (Caltrans) strongly perceptible vibration detection threshold is 0.1 in/sec PPV. Typical vibration levels that could be expected from construction equipment at 25 feet and estimated vibration levels at existing buildings surrounding the project site are summarized below in Table 4.8-3.
Table 4.8-3: Estimated Vibration Levels at Structures Surrounding the Project Site (in/sec PPV) Equipment
PPV at
25 ft.
(in/sec)
North
Comm
(50 feet)
Northeast
Comm
(155 feet)
East
Comm
(160 feet)
South
Comm
(130 feet)
West
Comm
(205 feet)
Clam shovel drop 0.202 0.094 0.027 0.026 0.033 0.020
Hydromill
(slurry wall)
in soil 0.008 0.004 0.001 0.001 0.001 0.001
in
rock 0.017 0.008 0.002 0.002 0.003 0.002
Vibratory Roller 0.210 0.098 0.028 0.027 0.034 0.021
Hoe Ram 0.089 0.042 0.012 0.012 0.015 0.009
Large bulldozer 0.089 0.042 0.012 0.012 0.015 0.009
Caisson drilling 0.089 0.042 0.012 0.012 0.015 0.009
Loaded trucks 0.076 0.035 0.010 0.010 0.012 0.008
Jackhammer 0.035 0.016 0.005 0.005 0.006 0.003
Small bulldozer 0.003 0.001 0.000 0.000 0.000 0.000
Source: Transit Noise and Vibration Impact Assessment Manual, Federal Transit Administration, Office of Planning and Environment, U.S. Department of Transportation, September 2018, as modified by Illingworth & Rodkin, Inc., November 2023.
Notes: Res – Residential
Comm - Commercial
4590 Patrick Henry Residential Project 117 Focused Initial Study City of Santa Clara April 2024
As shown in the table above, the projected vibration levels at all nearby commercial buildings would be below the 0.1 in/sec PPV threshold. The highest projected vibration levels would be from a vibratory roller at 50 feet from the commercial building to the north.
Consistent with the findings of the PHDSP FEIR, the project would be required to implement Mitigation Measure 13-2 to ensure construction vibration levels are reduced to a less than significant level. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified construction vibrations impact. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)] c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The project site is not located in the Norman Y. Mineta International Airport’s AIA or 65 dBA CNEL noise contour. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified impact related to excessive noise levels from aircraft operation. [Same Impact as Approved Project (Less Than Significant Impact)]
4.8.3 Non-CEQA Effects
Per California Building Industry Association v. Bay Area Air Quality Management District, 62 Cal. 4th 369 (BIA v. BAAQMD), effects of the environment on the project are not considered CEQA impacts.
The following discussion is included for informational purposes only because the City has policies that address existing noise conditions affecting a proposed project.
The City’s General Plan establishes 70 dBA CNEL as the conditionally acceptable noise limit for residential land uses and 75 dBA CNEL as the conditionally acceptable noise limit for commercial and recreational land uses. General Plan Policy 5.10.6-P1 requires the City to review land use and development projects for consistency with these standards, and General Plan Policies 5.10.6-P2 and -P3 require the incorporation of noise attenuation measures and noise control techniques where noise exposure levels are greater than normally acceptable levels. In addition, the CBC establishes that interior noise levels attributable to exterior noise sources shall not exceed 45 CNEL (as established by the local General Plan) for residential developments.
As discussed in the PHDSP FEIR, projects located along Patrick Henry Drive (in the western part of the PHDSP area) would unlikely require special site design or noise control measures unless ambient noise levels were to substantially increase in the PHDSP area as a result of development or increased vehicle traffic. Nevertheless, future development proposed under the PHDSP (including the proposed project) would be required to implement Condition of Approval NOI-1 identified in the PHDSP FEIR to ensure future developments are designed and constructed in a manner consistent with state requirements and City policies and standards. 4590 Patrick Henry Residential Project 118 Focused Initial Study City of Santa Clara April 2024
Utilities and Service Systems
4.9.1 Environmental Setting
Regulatory Framework
State
State Water Code
Pursuant to the State Water Code, water suppliers providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre-feet (approximately 980 million gallons) of water annually must prepare and adopt an urban water management plan (UWMP) and update it every five years. As part of a UWMP, water agencies are required to evaluate and describe their water resource supplies and projected needs over a 20-year planning horizon, water conservation, water service reliability, water recycling, opportunities for water transfers, and contingency plans for drought events. The City of Santa Clara adopted its most recent UWMP (2020 UWMP) in June 2021.
Assembly Bill 939
The California Integrated Waste Management Act of 1989, or AB 939, established the Integrated Waste Management Board, required the implementation of integrated waste management plans, and mandated that local jurisdictions divert at least 50 percent of solid waste generated (from 1990 levels), beginning January 1, 2000, and divert at least 75 percent by 2010. Projects that would have an adverse effect on waste diversion goals are required to include waste diversion mitigation measures.
Assembly Bill 341
AB 341 sets forth the requirements of the statewide mandatory commercial recycling program.
Businesses that generate four or more cubic yards of garbage per week and multi-family dwellings with five or more units in California are required to recycle. AB 341 sets a statewide goal for 75 percent disposal reduction by the year 2020.
Senate Bill 1383
SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025. The bill grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that at least 20 percent of currently disposed edible food is recovered for human consumption by 2025.
4590 Patrick Henry Residential Project 119 Focused Initial Study City of Santa Clara April 2024
California Green Building Standards Code
CALGreen establishes mandatory green building standards for buildings in California. CALGreen was developed to reduce GHG emissions from buildings, promote environmentally responsible and healthier places to live and work, reduce energy and water consumption, and respond to state environmental directives. CALGreen covers five categories: planning and design, energy efficiency, water efficiency and conservation, material and resource efficiency, and indoor environmental quality.
Local
City of Santa Clara 2010-2035 General Plan
The following General Plan Policies have been adopted for the purpose of reducing or avoiding impacts related to utilities and service systems and are applicable to the project.
Policies Description
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.
5.10.1-P6 Require adequate wastewater treatment and sewer conveyance capacity for all new development.
5.10.4-P4 Require an adequate water supply and water quality for all new development.
5.10.4-P5 Prohibit new development that would reduce water quality below acceptable State and local standards.
5.10.4-P6 Maximize the use of recycled water for construction, maintenance, irrigation and other applications.
5.10.4-P7 Require installation of native and low-water-consumption plant species when landscaping new development and public spaces to reduce water usage.
5.10.4-P8 Require all new development within a reasonable distance of existing or proposed recycled water distribution systems to connect to the system for landscape irrigation.
5.10.5-P11 Require that new development meet stormwater and water management requirements in conformance with State and regional regulations.
5.10.5‐P21 Require that storm drain infrastructure is adequate to serve all new development and is in place prior to occupancy.
Existing Conditions
Water Supply
The City of Santa Clara has four sources of water which include surface water from the SFPUC, treated surface water from Valley Water, groundwater, and recycled water. A portion of the City’s water supply is reliant on SFPUC and Valley Water. Surface water from SFPUC and Valley Water provide less than half (an average of 40 percent) of the City’s water supply while the remaining 60 percent come from City owned- and operated-wells. In 2020, the City’s water demand was 4590 Patrick Henry Residential Project 120 Focused Initial Study City of Santa Clara April 2024
approximately 16.3 million gallons per day (mgd) for potable water and 3.1 mgd for recycled water.37 The water supply system consists of approximately 335 miles of water mains, 21 active water wells, seven storage tanks with 28.8 million gallons of water storage capacity, and three booster pump stations.38 South Bay Water Recycling (SBWR) supplies recycled water within the City.
Recycled water in the City is currently used for irrigation at parks, landscape street medians, multifamily residential units, and schools.
There is an existing 12-inch water main located in Patrick Henry Drive. The existing commercial building on-site is currently vacant and does not have any water demand.
Wastewater Services
Wastewater treatment in Santa Clara is provided by the San José-Santa Clara Regional Wastewater Facility (the Facility). The Facility serves approximately 1.4 million residents and over 17,000 businesses by treating an average of 110 million gallons of wastewater per day (mgd), with a capacity of up to 167 mgd.39 The Facility currently treats an average of 110 mgd of wastewater.40 Currently, approximately 13 percent of the Facility’s effluent is recycled for non-potable uses and the remainder flows into San Francisco Bay. In 2021, the City of Santa Clara had rights to approximately 25.7 mgd of the total treatment capacity at the Facility with peak sewage flows of
15.7 mgd.41
There is an existing 12-inch sanitary sewer main in Patrick Henry Drive. As mentioned above, the site is currently vacant; therefore, no wastewater is generated on-site.
Stormwater Drainage
The City of Santa Clara owns and maintains the municipal storm drainage system which serves the site. There is an existing 33-inch pipe located in Patrick Henry Drive. The PHDSP area drains to San Tomas Aquino Creek through a network of storm water drainage pipes ranging from 27 inches to 54 inches in diameter.42
Electricity, Natural Gas, and Telecommunications
Silicon Valley Power (SVP) is the City of Santa Clara’s energy utility and PG&E provides natural gas services within the City of Santa Clara. SVP and PG&E currently provide electricity and natural gas 37 City of Santa Clara. 2020 Urban Water Management Plan. June 22, 2021. 38 Ibid.
39 City of San José. San José-Santa Clara Regional Wastewater Facility. Accessed January 30, 2023. https://www.sanjoseca.gov/your-government/departments-offices/environmental-services/waterutilities/regional-wastewater-facility. 40 City of Santa Clara. 2010-2035 General Plan Integrated Final Environmental Impact Report. SCH# 2008092005.
January 2011.
41 City of San José, Environmental Services Department. Tributary Agencies’ Estimated Available Plant Capacity – 2021. December 21, 2021.
42 City of Santa Clara. Patrick Henry Drive Environmental Impact Report. SCH# 2019120515. July 2021. 4590 Patrick Henry Residential Project 121 Focused Initial Study City of Santa Clara April 2024
services to the PHDSP area. Telecommunication services (e.g., phone and cable) are provided by AT&T and Comcast.
Solid Waste
Solid waste collection in the City of Santa Clara is provided by Mission Trail Waste Systems through a contract with the City. Mission Trail Waste System also has a contract to implement the Clean Green portion of the City’s recycling plan by collecting yard waste. All other recycling services are provided through Stevens Creek Disposal and Recycling. Mission Trail Waste Systems delivers solid waste to the Newby Island Sanitary Landfill (NISL), located in San José, which has disposal capacity through January 1, 2041. The project site does not currently generate any solid waste.
4.9.2 Impact Discussion
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
a) Require or result in the relocation or
construction of new or expanded
water, wastewater treatment or
stormwater drainage, electric power,
natural gas, or telecommunications
facilities, the construction or relocation
of which could cause significant
environmental effects?
b) Have insufficient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry and
multiple dry years?
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it
does not have adequate capacity to
serve the project’s projected demand
in addition to the provider’s existing
commitments?
d) Generate solid waste in excess of state
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of
solid waste reduction goals?
4590 Patrick Henry Residential Project 122 Focused Initial Study City of Santa Clara April 2024
New
Potentially
Significant
Impact
New Less than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
Would the project:
e) Be noncompliant with federal, state,
and local management and reduction
statutes and regulations related to
solid waste?
Findings of the PHDSP FEIR
Water Supply and Demand
Build out of the PHDSP would exceed demand projections under the 2015 UWMP since the PHDSP was not identified in the City’s General Plan and the PHDSP was not proposed until after the 2015 UWMP was prepared; therefore, development associated with the PHDSP was not accounted for in the UWMP. In addition, the recently adopted 2020 UWMP was based on 2018 Association of Bay Area Governments (ABAG) projections and did not include the PHDSP growth projections. The City determined that adequate water supplies would be available to meet the water demands for the PHDSP though additional conservation programs or other resources (such as increased groundwater pumping or additional use of recycled water as applicable) may be necessary, as discussed in the PHDSP WSA and the 2015 UWMP. The following mitigation measure was included in the PHDSP to reduce impacts to water supply.
Mitigation Measure 18-1: Consistent with SB 221 and SB 610, no tentative map, Architectural/Design Review, or development agreement for a proposed, individual project shall be approved until the City of Santa Clara Water & Sewer Utilities Department confirms that water supplies are adequate for each individual project. Such confirmation shall include an updated description of the citywide water supply situation (including any plans for pumping additional groundwater) at that future time, reflecting any progress on City plans for expanding its recycled water program and any City requirements for implementing additional “best management practices” (BMPs) related to recycled water use and/or water conservation (which could include, among other measures, dedicated landscape meters, and installation of separate submeters for each unit in multi-family development and individual commercial spaces). These City actions would ensure a continual monitoring of citywide water supply throughout implementation of the Specific Plan. Additionally, incorporation of measures to reduce water demand and, if necessary, identification of alternative water sources to offset project supply shortages would reduce this impact to a less-thansignificant level. 4590 Patrick Henry Residential Project 123 Focused Initial Study City of Santa Clara April 2024
Implementation of Mitigation 18-1 would reduce impacts related to water demand to a less than significant level.
Water, Wastewater and Storm Drainage System Infrastructure The water, wastewater, and storm drainage infrastructure systems within the PHDSP area would require improvements, such as upgrades to infrastructure to alleviate existing deficiencies, to accommodate new development facilitated by the PHDSP. Individual project applicants would need to prepare hydraulic modeling analyses to determine what upgrades are needed for water infrastructure.
For wastewater generation and infrastructure, as standard Conditions of Approval, each individual project would need to provide sanitary sewer information to the City to help the City determine what type of improvements would be needed (e.g., construction of a new lift station or pump station) to ensure there is capacity for the wastewater generated by the PHDSP.
For storm drainage infrastructure, the existing off-site storm drain systems would be able to accommodate stormwater flows generated by future development under the PHDSP. The need for new storm drain infrastructure would be monitored by the City.
The PHDSP FEIR concluded that construction period air emissions, noise, and traffic associated with utility infrastructure construction (if needed) would be reduced through compliance with the City of Santa Clara construction protocols and mitigation. Therefore, construction and operational impacts associated with water, wastewater, and storm drainage infrastructure would be less than significant.
Wastewater Treatment Capacity
Existing flows in the PHDSP area were estimated at 0.12 mgd at the time the FEIR was prepared.
Based on the Sanitary Sewer Technical Memorandum prepared for the PHDSP, wastewater generation from PHDSP is projected to total approximately 2.15 mgd under Scenario A and 1.97 mgd under Scenario B. The Sanitary Sewer Technical Memorandum identified deficiencies along Old Ironsides Drive and Tasman Drive sanitary sewer lines under both scenarios. In addition, the Tasman Drive Lift Station would have to be upsized to increase its capacity. Any improvements to the Tasman Lift station would also be subject to separate review, including CEQA, as deemed applicable by the City. As standard Conditions of Approval, each individual project would need to provide sanitary sewer information to the City. Additional wastewater generation from other General Plan-approved development combined with wastewater generated from Patrick Henry Drive Specific Plan development would total approximately 4.3 mgd, which would not exceed the City’s remaining capacity allocation of 9.606 mgd. Therefore, build out of the PHDSP FEIR would have a less than significant impact on wastewater treatment facility capacity. 4590 Patrick Henry Residential Project 124 Focused Initial Study City of Santa Clara April 2024
Solid Waste Disposal and Recycling Service
Per the PHDSP FEIR, development under the PHDSP would be anticipated to generate between 119,600 and 128,180 cubic yards of solid waste per year.43 Implementation of the PHDSP is not expected to generate an inordinate amount of solid waste for its size during demolition/construction or operation. In addition, the existing solid waste disposal and recycling facilities would have capacity to accommodate solid waste from future projects under the PHDSP; therefore, the PHDSP FEIR concluded that the PHDSP’s effect on solid waste and recycling services would be less than significant.
Electricity, Natural Gas, and Telecommunications
SVP has identified several electrical system improvements necessary to provide adequate service to Specific Plan development. Future PHDSP project applicants would be responsible for funding the off-site distribution duct bank (at the Mission substation). Other distribution and transmission system improvements that are not limited to serving the PHDSP would require future PHDSP project applicants to pay a pro rata share of the cost, based on plans and cost estimates as they are developed. The PHDSP FEIR concluded that all electrical system, natural gas, and telecommunication infrastructure upgrades/improvements would be required to comply with the construction mitigation identified in the PHDSP FEIR for air emissions/dust, noise, and traffic) as well as the City’s construction standards and regulations; therefore, construction period impacts associated with the electrical system, natural gas infrastructure, and telecommunication infrastructure in the PHDSP would be less than significant.
Impacts Resulting from the Proposed Project
a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
Water Supply
As described in the PHDSP, the existing water use in the PHDSP area is 79.6 acre-feet per year (71,030 gallons per day). Build out of the PHDSP would have a net water demand ranging from approximately 1,491 acre-feet per year (1,331,182 gallons per day) to 1,650 acre-feet per year (1,472,940 gallons per day). Operation of the proposed project would use approximately 50,695 gpd of water.44
43 City of Santa Clara. Patrick Henry Drive Environmental Impact Report. SCH# 2019120515. July 2021. 44 The water demand rates for indoor use were calculated using CalEEMod Appendix D (Apartments Mid Rise).
CalEEMod. “Table 9.1: Water Use Rates.” Accessed January 11, 2024. http://www.aqmd.gov/docs/default source/caleemod/caleemod-appendixd.pdf.
4590 Patrick Henry Residential Project 125 Focused Initial Study City of Santa Clara April 2024
Per Mitigation Measure 18-1, the City of Santa Clara Water & Sewer Utilities Department shall confirm whether water supplies are adequate for each individual project proposed under the PHDSP. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified water supply impact. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)] Wastewater Facilities
The City currently has approximately 25.7 mgd of wastewater treatment capacity at the Facility. The proposed project would generate up to 40,556 gpd of wastewater (or 0.041 mgd). 45 As discussed in
the PHDSP FEIR, each individual project would be required to provide sanitary sewer information to the City. No project would be approved by the City until the City determines that sufficient sewer capacity exists. Consistent with the PHDSP FEIR, the proposed project would not result in the relocation or construction of sanitary sewer and wastewater treatment facilities. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified wastewater facilities impact. [Same Impact as Approved Project (Less Than Significant Impact)]
Stormwater Drainage Facilities
As discussed in the PHDSP FEIR, no storm drainage systems improvements have been deemed necessary; however, the City would continuously monitor new development approvals to ensure that stormwater flows are handled sufficiently. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified wastewater facilities impact. [Same Impact as Approved Project (Less Than Significant Impact)] Electric Power, Natural Gas, and Telecommunications
New development under the PHDSP FEIR, including the project, would continue to be served by PG&E for natural gas needs. Future development associated with the PHDSP would connect to existing electric power, and telecommunication lines in the PHDSP area. The proposed building would connect to existing electrical lines and other utilities such as fiber optic, telephone, and cable. The PHDSP FEIR concluded that build out of the PHDSP would not require or result in the construction of new or expended electric power, natural gas, or telecommunications facilities.
Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified electric power, natural gas, or telecommunication facilities impact. [Same Impact as Approved Project (Less Than Significant Impact)] b) Would the project have insufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? 45 Wastewater generated by the proposed development project is assumed to be 80 percent of the total water demand.
4590 Patrick Henry Residential Project 126 Focused Initial Study City of Santa Clara April 2024
As discussed under checklist question a, the proposed project would use approximately 50,695 gpd of water. The PHDSP FEIR concluded that adequate water supplies would be available to meet the water demands for the PHDSP though additional conservation programs or other resources may be necessary. Per Mitigation Measure 18-1, no individual project proposed under the PHDSP shall be approved until the City of Santa Clara Water & Sewer Utilities Department confirms that there are adequate water supplies to serve each individual project as proposed. Therefore, with implementation of Mitigation Measure 18-1, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified water supply impact. [Same Impact as Approved Project (Less Than Significant Impact with Mitigation Incorporated)] c) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it does not have adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? As discussed in the PHDSP FEIR, each individual project would be required to provide sanitary sewer information to the City. No project would be approved by the City until the City determines that sufficient sewer capacity exists. The proposed project would generate up to 0.041 mgd of wastewater. Based on the Sanitary Sewer Technical Memorandum, which based its future capacity analysis on updated General Plan Phase III loads, additional wastewater generation from other General Plan-approved development combined with wastewater generated from the PHDSP development would total approximately 4.3 mgd, which would not exceed the City’s remaining capacity allocation of 9.606 mgd. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified wastewater impacts. [Same Impact as Approved Project (Less Than Significant Impact)] d) Would the project generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Development under the PHDSP would be anticipated to generate between 119,600 and 128,180 cubic yards of solid waste per year, which is only 0.6 percent of the annual solid waste disposed of the NISL.
46 The proposed project is estimated to generate approximately 47.3 cubic yards of solid waste per week or 2,460 cubic yards of annual solid waste. 47 Because the project is consistent with
the development projections of the PHDSP, impacts related to solid waste and recycling services would be less than significant. Therefore, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified solid waste impact. [Same Impact as Approved Project (Less Than Significant Impact)]
46 City of Santa Clara. Patrick Henry Drive Environmental Impact Report. SCH# 2019120515. July 2021. 47 The City’s Development Guidelines for Solid Waste Service specify the following solid waste generation rates for residential development: “Multi-family residential garbage level of service must be calculated at a rate of no less than 32 gallons per week per unit (roughly one cubic yard per every six units).” 284 dwelling units ÷ 6 dwelling units = 47.3 x 1 cubic yard = 47.3 cubic yards per week.
4590 Patrick Henry Residential Project 127 Focused Initial Study City of Santa Clara April 2024
e) Would the project be noncompliant with federal, state, or local management and reduction statutes and regulations related to solid waste?
The proposed project would be required to comply with existing federal, state, and local regulations and programs pertaining to solid waste. Since the project is consistent with the PHDSP, the proposed project would not result in any new impacts or substantially increase the severity of the previously identified solid waste impact. [Same Impact as Approved Project (Less Than Significant Impact)]
4590 Patrick Henry Residential Project 128 Focused Initial Study City of Santa Clara April 2024
Mandatory Findings of Significance
New
Potentially
Significant
Impact
New Less
than
Significant
with
Mitigation
Incorporated
New Less
than
Significant
Impact
Same Impact
as Approved
Project
Less Impact
than
Approved
Project
a) Does the project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal, or
eliminate important examples of the
major periods of California history or
prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the
incremental effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other current
projects, and the effects of probable
future projects)?
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?
4590 Patrick Henry Residential Project 129 Focused Initial Study City of Santa Clara April 2024
As discussed in the individual sections of this document, the proposed project would not degrade the quality of the environment with implementation of the identified Conditions of Approval and mitigation measures from the PHDSP FEIR, as well as implementation of the new mitigation measures identified in Section 4.3 and below.
With implementation of Mitigation Measure BIO-1.1, the project would have a less than significant impact on animal communities from artificial lighting. As discussed in Section 4.3, the proposed building would encroach within 0.14 acre of the 100-foot riparian setback. With implementation of Mitigation Measure BIO(C)-1.1, encroachment of the proposed building within the 100-foot setback would not be cumulatively considerable. Therefore, the proposed project would result in a less than significant impact on biological resources.
b) Does the project have impacts that are individually limited, but cumulatively considerable? Under Section 15065(a)(3) of the CEQA Guidelines, a Lead Agency shall find that a project may have a significant effect on the environment where there is substantial evidence that the project has potential environmental effects “that are individually limited, but cumulatively considerable.” As defined in Section 15065(a)(3) of the CEQA Guidelines, cumulatively considerable means “that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.”
The proposed project would result in temporary air quality, hydrology and water quality, and noise impacts during construction. With implementation of the identified Conditions of Approval and mitigation measures from the PHDSP FEIR, existing regulations, and City policies, construction impacts would be mitigated to a less than significant level. Because the nature of the identified impacts to air quality, hydrology and water quality, and noise and vibration would be temporary and mitigated, the proposed project would not have a cumulatively considerable impact on these resources.
New mitigation was identified for biological resources (e.g., encroachment on the riparian corridor) that was not previously addressed in the PHDSP FEIR.
Encroachment on Riparian Corridor
As mentioned in Section 4.3, the PHDSP FEIR did not address potential encroachment impacts from future projects onto the Calabazas Creek riparian corridor, due to the lack of significant habitat identified along the concrete channel at the time of the preparation of the PHDSP FEIR.
Encroachment of developments along Calabazas Creek (both inside and outside the plan area) has resulted in a cumulative impact on riparian bird communities over time due to the degradation of the riparian habitat, increase in human activity in and along the riparian corridor, and loss of open areas that birds can use for foraging or as flight paths in and out of the riparian corridor. Future 4590 Patrick Henry Residential Project 130 Focused Initial Study City of Santa Clara April 2024
development along Calabazas Creek would result in impacts on the same habitat types and species that would be affected by the proposed project.
Per the Biological Resources Report, encroachment of the project within the 100-foot riparian setback would result in a considerable contribution to significant cumulative impacts on the functions and values of remaining riparian habitat in the City and along streams on the Santa Clara Valley floor without mitigation. Currently, most of the project site located within 100 feet of the top of bank is developed with a parking lot. The existing building is located approximately 115 feet from the top of bank and the only area that is not hardscape is a narrow band of landscaped vegetation that is approximately 25 feet from the top of bank. As mentioned previously, the proposed building would encroach within 0.14 acre of the 100-foot setback area. The project’s contribution to cumulative impacts within the setback area would be cumulatively considerable as it represents a new type of development that would have a greater impact on the adjacent corridor (due to the reduction in wildlife use from the proposed building and avian collisions with the proposed building) compared to existing conditions.
Impact BIO(C)-1: Construction and operation of the new building within the 100-foot riparian setback would result in a cumulatively considerable contribution to the Calabazas Creek riparian corridor.
Mitigation Measure
MM BIO(C)-1.1: Prior to the issuance of any grading or building permits, the project applicant shall provide compensatory mitigation to offset project impacts on the ecological functions and values of the riparian corridor. Such compensatory mitigation shall be provided as follows:
• Native habitat shall be provided, on-site and/or on the Santa Clara Valley floor, at a minimum ratio of 1:1 (compensation: impact), on an acreage basis, for a total of 0.14 acres of native habitat to compensate for 0.14 acres of project impacts within the 100-foot setback.
Restoration/enhancement would consist of the complete removal of non-native trees, shrubs, and vines, as well as hardscape, and the planting of native trees and shrubs appropriate for streamside areas in Santa Clara, in areas contiguous with riparian habitat or, in cases like the project site, separated from riparian habitat only by a levee. No night lighting should be present within, or should shine directly into, the mitigation area.
• Restoration/enhancement on the project site itself would be sufficient, provided that the total acreage is a single area or patch, rather than multiple small patches of native vegetation summed to meet the required areal acreage extent. In other words, to qualify, the mitigated/restored area must be contiguous, and not bisected or fragmented by other unrestored areas. Although the 24,370 square feet 4590 Patrick Henry Residential Project 131 Focused Initial Study City of Santa Clara April 2024
of public open space that is proposed to the south of the building may contain some native trees and shrubs, and may meet some of the criteria for restored riparian habitat, it would not qualify as appropriate mitigation acreage as currently envisioned because it is currently proposed to serve primarily as a park, with features (e.g., table tennis equipment, fitness equipment, picnic tables, and lawn) that, if incorporated, would render it incompatible as mitigation habitat because they would reduce the quality of the habitat, and therefore not provide ecological functions and values equal to or exceeding those in the riparian habitat affected.
• On-site mitigation for the riparian encroachment can be achieved by revising the design of the public open space such that a 0.14-acre area immediately adjacent to the western site boundary incorporates native trees and shrubs; excluding the use of non-native grasses, forbs, shrubs, and trees; omitting any night lighting of the area used for mitigation; and concentrating high-human use areas (such as exercise equipment and picnic tables) in eastern portions of the public open space, outside the
0.14-acre area used as on-site mitigation. Restoration/enhancement that is provided must restore or augment high-quality habitat for birds, in the opinion of a qualified biologist.
o Either on-site or off-site restoration/enhancement would need to be performed according to a Habitat Mitigation and Monitoring Plan that will be prepared to describe the
mitigation and will contain the following components:
▪ Summary of habitat impacts and proposed mitigation
ratios
▪ Goal of the restoration to achieve no net loss of
habitat functions and values
▪ Location of mitigation site(s) and description of
existing site conditions
▪ Mitigation design:
• Existing and proposed site hydrology
• Grading plan if appropriate, including bank
stabilization or other site stabilization
features
• Soil amendments and other site preparation
elements as appropriate
• Planting plan
• Irrigation and maintenance plan
• Remedial measures and adaptive
management
4590 Patrick Henry Residential Project 132 Focused Initial Study City of Santa Clara April 2024
o Monitoring plan (including final and performance criteria, monitoring methods, data analysis, reporting requirements, and monitoring schedule). Success criteria will include quantifiable measurements of vegetation type (e.g.,
dominance by natives) and extent appropriate for the
restoration location. At a minimum, success criteria will include the following:
▪ At Year 5 post-planting, canopy closure at the
mitigation site will be at least 60 percent of the
canopy closure at a nearby reference site (i.e., a site supporting the same habitat type as that being
established at the mitigation site).
Monitoring methods and frequency shall be outlined in the Plan. The Plan shall include monitoring between Years 1 and 5 to document progress toward meeting the success criteria so that any necessary remedial actions can be taken to
ensure that the success criteria are met. Monitoring beyond Year 5 shall be necessary if the success criteria is not met by Year 5, as monitoring is required until all success criteria defined in the Plan have been met. The Plan shall be
implemented within one year prior to project impacts on riparian woodland, and it shall be implemented within one year following construction completion. In addition, a letter signed by a qualified biologist accompanying the Plan shall be submitted to and approved by the Director of Community
Development prior to the issuance of any demolition, grading and building permits (whichever occurs the earliest).
With implementation of Mitigation Measures BIO(C)-1.1, encroachment of the proposed building within the 100-foot setback would be less than significant and would not result in a cumulatively considerable contribution to the impact on the riparian corridor. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Consistent with Section 15065(a)(4) of the CEQA Guidelines, a Lead Agency shall find that a project may have a significant effect on the environment where there is substantial evidence that the project has the potential to cause substantial adverse effects on human beings, either directly or indirectly. Under this standard, a change to the physical environment that might otherwise be minor must be treated as significant if people would be significantly affected. This factor relates to adverse changes to the environment of human beings generally, and not to effects on particular individuals. While changes to the environment that could indirectly affect human beings would be 4590 Patrick Henry Residential Project 133 Focused Initial Study City of Santa Clara April 2024
represented by all of the designated CEQA issue areas, those that could directly affect human beings include air quality, hazardous materials, and noise. Implementation of applicable regulations and policies, Conditions of Approval and mitigation measures from the PHDSP FEIR, and new mitigation identified for the proposed project would reduce the impacts to a less than significant level. No other direct or indirect adverse effects on human beings have been identified. 4590 Patrick Henry Residential Project 134 Focused Initial Study City of Santa Clara April 2024
Section 5.0 References
The analysis in this Focused Initial Study is based on the professional judgement and expertise of the environmental specialists preparing this document, based upon review of the site, surrounding conditions, site plans, and the following references:
Bay Area Air Quality Management District. “Annual Bay Area Air Quality Summaries.” Accessed January 11, 2024. https://www.baaqmd.gov/about-air-quality/air-quality-measurement/airquality-summaries.
Bay Area Air Quality Management District. Final 2017 Clean Air Plan. April 19, 2017. Accessed January 19, 2024. http://www.baaqmd.gov/plans-and-climate/air-quality-plans/ current-plans.
CalEEMod. “Table 9.1: Water Use Rates.” Accessed January 11, 2024. http://www.aqmd.gov/docs/default source/caleemod/caleemod-appendixd.pdf.
California Air Resources Board. “Overview: Diesel Exhaust and Health.” Accessed January 9, 2024. https://ww2.arb.ca.gov/resources/overview-diesel-exhaust-and-health California Environmental Protection Agency. “Cortese List Data Resources.” Accessed January 11, 2024. https://calepa.ca.gov/sitecleanup/corteselist/.
California Office of Historic Preservation, California Register and National Register: A Comparison, Technical Assistance Series 6; Sacramento, CA: California Department of Parks and Recreation, 2001.
California Office of Historic Preservation. “CEQA Guidelines Section 15064.5(a)(3) and California Office of Historic Preservation Technical Assistance Series #6.” Accessed January 11, 2024. https://ohp.parks.ca.gov/pages/1069/files/technical%20assistance%20bulletin%206%20201 1%20update.pdf.
California Regional Water Quality Control Board San Francisco Region. Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018, NPDES Permit No. CAS612008. May 11, 2022.
California Register of Historic Places. “California Historical Resources.” Accessed January 24, 2024. https://ohp.parks.ca.gov/listedresources/.
City of San José, Environmental Services Department. Tributary Agencies’ Estimated Available Plant Capacity – 2021. December 21, 2021.
4590 Patrick Henry Residential Project 135 Focused Initial Study City of Santa Clara April 2024
City of San José. San José-Santa Clara Regional Wastewater Facility. Accessed January 30, 2023. https://www.sanjoseca.gov/your-government/departments-offices/environmentalservices/water-utilities/regional-wastewater-facility.
City of Santa Clara. “2022 Reach Code.” Accessed January 12, 2023. https://www.santaclaraca.gov/ourcity/departments-a-f/community-development/buildingdivision/2022-reach-code.
City of Santa Clara. “8.9 Historic Preservation and Resource Inventory.” Accessed January 24, 2023. https://www.santaclaraca.gov/home/showpublisheddocument/12893/6357130448590300
00. City of Santa Clara. 2010-2035 General Plan Integrated Final Environmental Impact Report. SCH# 2008092005. January 2011.
City of Santa Clara. 2020 Urban Water Management Plan. June 22, 2021.
City of Santa Clara. Patrick Henry Drive Environmental Impact Report. SCH# 2019120515. July 2021.
Divine, Casey. Illingworth & Rodkin, Inc. Personal Communication. March 12, 2024.
ENGEO Incorporated. Phase II Environmental Site Assessment. October 17, 2022. Revised March 13, 2024.
Federal Emergency Management Agency. “FEMA Flood Map Service Center.” Accessed January 26, 2024. https://msc.fema.gov/portal/search?AddressQuery.
Federal Transit Administration, Transit Noise and Vibration Impact Assessment Manual, FTA Report No. 0123, September 2018.
Fierer-Donaldson, Molly. Archaeological/Historical Consultants. Personal Communication. January 25, 2024.
Hexagon Transportation Consultants, Inc. 4590 Patrick Henry Drive Residential Development Transportation Demand Management Plan. May 22, 2023.
Langan Engineering and Environmental Services, Inc. Geotechnical Investigation 4590 Patrick Henry Drive. August 9, 2023.
National Register of Historic Places. “National Register Database and Research.” Accessed January 24, 2024. https://www.nps.gov/subjects/nationalregister/database-research.htm.
PES Environmental, Inc. Phase I Environmental Site Assessment. September 19, 2019. 4590 Patrick Henry Residential Project 136 Focused Initial Study City of Santa Clara April 2024
San Francisco Regional Water Quality Control Board. “The 303(d) List of Impaired Water Bodies.” Accessed January 16, 2024.
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/303dlist. html.
State Water Resources Control Board. “Impaired Water Bodies.” Accessed January 26, 2024. https://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2014_2016.shtml .
Transit Noise and Vibration Impact Assessment Manual, Federal Transit Administration, Office of Planning and Environment, U.S. Department of Transportation, September 2018.
United States Environmental Protection Agency. “Summary of the Resource Conservation and Recovery Act.” Accessed January 11, 2024. https://www.epa.gov/lawsregulations/summary-resource-conservation-and-recovery-act.
United States Environmental Protection Agency. “Superfund: CERCLA Overview.” Accessed January 11, 2024. https://www.epa.gov/superfund/superfund-cercla-overview.
Valley Water. 2021 Groundwater Management Plan, Santa Clara and Llagas Subbasins. November 2021.
Walter B. Windus, PE. Aviation Consultant. “Comprehensive Land Use Plan: Norman Y. Mineta San José International Airport.” May 2011. Accessed January 25, 2024. https://www.sccgov.org/sites/dpd/DocsForms/Documents/ALUC_SJC_CLUP.pdf. 4590 Patrick Henry Residential Project 137 Focused Initial Study City of Santa Clara April 2024
Section 6.0 Lead Agency and Consultants
Lead Agency
City of Santa Clara
Community Development Department
Reena Brilliot, Acting Director of Community Development Sheldon Ah Sing, Development Review Officer
Steve Le, Senior Planner
Tiffany Vien, Associate Planner
Consultants
David J. Powers & Associates, Inc.
Environmental Consultants and Planners
Shannon George, Principal Project Manager
Fiona Phung, Project Manager
Clare Moisan, Researcher
Ryan Osako, Graphic Artist
Archaeological/Historical Consultants
Oakland, CA
Archaeological Sensitivity
ENGEO Incorporated
San José, CA
Phase II Environmental Site Assessment
Hexagon Transportation Consultants, Inc.
San José, CA
Transportation Demand Management
HortScience | Barlett Consulting
Berkeley, CA
Arborist Report
H.T. Harvey & Associates
Los Gatos, CA
Biological Resources Report
Illingworth & Rodkin, Inc.
Cotati, CA
Air Quality and Noise and Vibration Assessment
4590 Patrick Henry Residential Project 138 Focused Initial Study City of Santa Clara April 2024
Langan Engineering and Environmental Services, Inc.
Oakland, CA
Geotechnical Investigation
PES Environmental, Inc.
Novato, CA
Phase I Environmental Site Assessment
DRAFT
MITIGATION MONITORING AND REPORTING PROGRAM
4590 Patrick Henry Drive Residential Project
CITY OF SANTA CLARA
April 18, 2024
P R E F A C E
Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring or Reporting Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring or reporting program is to ensure compliance with the mitigation measures during project implementation.
The Focused Initial Study concluded that implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This MMRP addresses those measures in terms of how and when they will be implemented.
This document does not discuss those subjects for which the Focused Initial Study concluded that mitigation measures would not be required to reduce significant impacts.
4590 Patrick Henry Drive Residential Project 1 MMRP
City of Santa Clara April 2024
MITIGATION MONITORING OR REPORTING PROGRAM
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Impacts Mitigation
Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Biological Resources
Impact BIO-1: Artificial
lighting associated with
the project could affect
animals’ use of the
Calabazas Creek
riparian corridor and
result in an increase in
bird collisions with the
building.
MM BIO-1.1: The project shall implement the following
measures to minimize impacts of new lighting on animal
communities:
• Up-lighting (i.e., lighting that project upward above the fixture) shall be avoided in the project design. All lighting shall be fully shielded to block illumination from shining upward above the fixture. If up-lighting cannot be avoided in the project design, up-lights shall be shielded and/or directed such that no luminance projects above/beyond
objects at which they are directed (e.g., trees and buildings) and such that the light would not shine directly into the eyes of a bird flying above the object.
• All lighting shall be directed downward and fully shielded as necessary to block illumination from shining towards
Calabazas Creek to the west. This measure only pertains to lighting along the western edge of the site or lighting elsewhere that has potential to illuminate the Calabazas Creek riparian corridor.
During project
operation
Project applicant Director of
Community
Development
Impact BIO(C)-1:
Construction and
operation of the new
building within the
100-foot riparian
setback would result in
MM BIO(C)-1: Prior to the issuance of any grading or building permits, the project applicant shall provide compensatory mitigation to offset project impacts on the ecological functions and values of the riparian corridor. Such compensatory
mitigation shall be provided as follows:
Prior to the
issuance of any
demolition,
grading and
building permits
(whichever
Project applicant
and a qualified
biologist
Director of
Community
Development
4590 Patrick Henry Drive Residential Project 2 MMRP
City of Santa Clara April 2024
MITIGATION MONITORING OR REPORTING PROGRAM
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Impacts Mitigation
Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
a cumulatively
considerable
contribution to the
Calabazas Creek
riparian corridor.
• Native habitat shall be provided, on-site and/or on the Santa Clara Valley floor, at a minimum ratio of 1:1
(compensation: impact), on an acreage basis, for a total of
0.14 acres of native habitat to compensate for 0.14 acres of project impacts within the 100-foot setback.
Restoration/enhancement would consist of the complete
removal of non-native trees, shrubs, and vines, as well as hardscape, and the planting of native trees and shrubs
appropriate for streamside areas in Santa Clara, in areas contiguous with riparian habitat or, in cases like the
project site, separated from riparian habitat only by a levee. No night lighting should be present within, or should shine directly into, the mitigation area.
• Restoration/enhancement on the project site itself would be sufficient, provided that the total acreage is a single area or patch, rather than multiple small patches of native vegetation summed to meet the required areal acreage
extent. In other words, to qualify, the mitigated/restored area must be contiguous, and not bisected or fragmented by other unrestored areas. Although the 24,370 square
feet of public open space that is proposed to the south of the building may contain some native trees and shrubs,
and may meet some of the criteria for restored riparian habitat, it would not qualify as appropriate mitigation acreage as currently envisioned because it is currently proposed to serve primarily as a park, with features (e.g., table tennis equipment, fitness equipment, picnic tables, occurs the
earliest)
4590 Patrick Henry Drive Residential Project 3 MMRP
City of Santa Clara April 2024
MITIGATION MONITORING OR REPORTING PROGRAM
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Impacts Mitigation
Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
and lawn) that, if incorporated, would render it
incompatible as mitigation habitat because they would
reduce the quality of the habitat, and therefore not
provide ecological functions and values equal to or
exceeding those in the riparian habitat affected.
• On-site mitigation for the riparian encroachment can be achieved by revising the design of the public open space such that a 0.14-acre area immediately adjacent to the
western site boundary incorporates native trees and
shrubs; excluding the use of non-native grasses, forbs, shrubs, and trees; omitting any night lighting of the area used for mitigation; and concentrating high-human use
areas (such as exercise equipment and picnic tables) in eastern portions of the public open space, outside the
0.14-acre area used as on-site mitigation.
Restoration/enhancement that is provided must restore or augment high-quality habitat for birds, in the opinion of a qualified biologist.
o Either on-site or off-site restoration/enhancement
would need to be performed according to a Habitat
Mitigation and Monitoring Plan that will be prepared
to describe the mitigation and will contain the
following components:
▪ Summary of habitat impacts and proposed
mitigation ratios
▪ Goal of the restoration to achieve no net loss
of habitat functions and values
4590 Patrick Henry Drive Residential Project 4 MMRP
City of Santa Clara April 2024
MITIGATION MONITORING OR REPORTING PROGRAM
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Impacts Mitigation
Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
▪ Location of mitigation site(s) and description
of existing site conditions
▪ Mitigation design:
• Existing and proposed site hydrology
• Grading plan if appropriate, including
bank stabilization or other site
stabilization features
• Soil amendments and other site
preparation elements as appropriate
• Planting plan
• Irrigation and maintenance plan
• Remedial measures and adaptive
management
o Monitoring plan (including final and performance
criteria, monitoring methods, data analysis, reporting
requirements, and monitoring schedule). Success
criteria will include quantifiable measurements of
vegetation type (e.g., dominance by natives) and
extent appropriate for the restoration location. At a
minimum, success criteria will include the following:
▪ At Year 5 post-planting, canopy closure at the
mitigation site will be at least 60 percent of
the canopy closure at a nearby reference site
(i.e., a site supporting the same habitat type as
that being established at the mitigation site).
o Monitoring methods and frequency shall be outlined
in the Plan. The Plan shall include monitoring between
4590 Patrick Henry Drive Residential Project 5 MMRP
City of Santa Clara April 2024
MITIGATION MONITORING OR REPORTING PROGRAM
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Impacts Mitigation
Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
Years 1 and 5 to document progress toward meeting
the success criteria so that any necessary remedial
actions can be taken to ensure that the success
criteria are met. Monitoring beyond Year 5 shall be
necessary if the success criteria is not met by Year 5, as monitoring is required until all success criteria
defined in the Plan have been met. The Plan shall be
implemented within one year prior to project impacts
on riparian woodland, and it shall be implemented
within one year following construction completion. In
addition, a letter signed by a qualified biologist
accompanying the Plan shall be submitted to and
approved by the Director of Community Development
prior to the issuance of any demolition, grading and
building permits (whichever occurs the earliest).
Hazards and Hazardous Materials
IMPACT HAZ-1:
Construction of the
project could expose
construction workers
to benzene,
naphthalene,
chloroform,
ethylbenzene,
tetrachloroethylene
MM HAZ-1.1: Prior to issuance of any grading permit, the project applicant shall obtain regulatory oversight from the Department of Toxic Substances Control (DTSC) or the Santa Clara County Department of Environmental Health (SCCDEH) under their Site Cleanup Program. A Site Management Plan (SMP), Removal Action Plan (RAP), or equivalent document shall be prepared under regulatory oversight and approval by a qualified environmental consultant that identifies remedial measures and/or soil management practices to ensure
Prior to issuance
of any grading
permit
Project applicant
and qualified
environmental
consultant
DTSC or SCCDEH
Director of
Community
Development
4590 Patrick Henry Drive Residential Project 6 MMRP
City of Santa Clara April 2024
MITIGATION MONITORING OR REPORTING PROGRAM
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Impacts Mitigation
Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
(PCE), and
trichloroethylene (TCE)
which were found to
exceed the San
Francisco Bay Regional
Water Quality Control
Board (RWQCB) Soil
Gas Vapor Intrusion
Human Health Risk
Levels.
construction worker safety. The plan and evidence of
regulatory oversight shall be provided to the Director of Community Development.
Noise and Vibration
IMPACT NOI-1:
Construction noise
levels would exceed
the exterior threshold
of 70 dBA Leq at the
nearby commercial
buildings and 60 dBA
Leq at the nearest
residences and the
existing ambient noise
levels would be
exceeded by more than
MM NOI-1.1: A temporary 12-foot tall construction noise barrier, measured above grade, shall be constructed along the northern and western property lines. The two most common construction site noise barriers are constructed of plywood or quilted noise control blankets. The noise barrier shall be solid, without cracks or gaps over its face or at the base, have a surface weight of at least two pounds per square foot (e.g., 5/8-inch plywood) or have a Sound Transmission Class (STC) rating of at least STC 20.
MM NOI-1.2: The project applicant shall submit and
implement a Construction Noise Complaint Plan that
establishes protocols for receiving and logging complaints, Prior to issuance
of a demolition
and/or grading
permit
Project applicant
and a qualified
acoustical
consultant
Director of
Community
Development
4590 Patrick Henry Drive Residential Project 7 MMRP
City of Santa Clara April 2024
MITIGATION MONITORING OR REPORTING PROGRAM
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Impacts Mitigation
Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
five dBA for more than
one year.
explaining how the complaint will be addressed, identifying the source(s) of the complaint, and determining and
implementing the steps necessary to resolve the complaint.
The contact information (including phone number and email) for the designated representatives of the project applicant or project representative and City will be determined prior to notification and included in the notification letter.
The project applicant or project representative and the City shall determine how complaints are communicated,
documented, and resolved. The following procedures shall be implemented in response to complaints related to
construction noise:
• Establish a complaint log.
• Create a standardized complaint form so that critical information regarding a complaint can be documented
(See Attachment 1 of Appendix G).
• The designated project applicant or representative shall be responsible for responding to all complaints.
• If someone other than a designated project applicant or representative or the City receives a complaint,
immediately route the complaint to the designated
Applicant/representative.
• Receipt of the complaint shall be acknowledged to the complainant within 72 hours.
4590 Patrick Henry Drive Residential Project 8 MMRP
City of Santa Clara April 2024
MITIGATION MONITORING OR REPORTING PROGRAM
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Impacts Mitigation
Timeframe for
Implementation
Responsibility
for
Implementation
Oversight of
Implementation
• The designated project applicant or representative shall obtain information regarding the complaint and record the information on the complaint form and enter the
complaint in the complaint log.
• Confirm source of complaint and determine a plan for
implementing corrective actions.
• After implementation of corrective actions, contact
complainant to determine if the issue has been resolved.
In addition to mitigation measures listed above, there are also Conditions of Approval the project shall implement, including the following:
CONDITIONS OF APPROVAL
4590 PATRICK HENRY DRIVE RESIDENTIAL PROJECT
Vapor Intrusion Mitigation System (Non-CEQA)
• As part of the project’s Site Management Plan (SMP), Removal Action Plan (RAP), or equivalent document, the project applicant shall design and install a vapor intrusion mitigation system (VIMS) consistent with design specifications by equipment manufacturers, local permit conditions and regulations, and relevant industry standards to ensure that future residents would not be exposed to volatile organic compounds. The VIMS design package shall be submitted to the Department of Toxic Substances Control (DTSC) or the Santa Clara County Department of Environmental Health (SCCDEH) for review and approval prior to the issuance of building permits. The approved VIMS shall be included on all building permit documents. In addition, the project applicant shall prepare an Operation, Maintenance, and Monitoring (OM&M) plan which shall also include a contingency plan in the event that the VIMS is not working as designed.
Source: City of Santa Clara. Focused Initial Study for the 4590 Patrick Henry Drive Residential Project. April 2024.
Responses to Focused IniƟal Study Comments
4590 Patrick Henry Drive ResidenƟal Project
File Nos. PLN23-00290/PLN24-00310
In ConsultaƟon with
Prepared by
October 2024
4590 Patrick Henry Drive Residential Project i Responses to Comments City of Santa Clara October 2024
Table of Contents
Section 1.0 Introduction....................................................................................................................1 Section 2.0 Responses to Comments Received on Draft IS/MND ....................................................2 Section 3.0 Draft IS/MND Text Revisions........................................................................................19 Section 4.0 Conclusion ....................................................................................................................23 Attachment A: Draft IS/MND Comment Letters
4590 Patrick Henry Drive Residential Project 1 1
ST DRAFT Responses to Comments
City of Santa Clara August 2024
Section 1.0 Introduction
The Initial Study/Mitigated Negative Declaration (IS/MND) for the 4590 Patrick Henry Drive Residential Project was prepared in compliance with the requirements of the California Environmental Quality Act (CEQA). The 30-day public circulation period for the Draft IS/MND started April 26, 2024 and ended May 26, 2024. The following pages contain responses to comments submitted by agencies, organizations, and individuals during the Draft IS/MND public review period. Copies of the comment letters are attached to this document in Attachment A.
Pursuant to CEQA Guidelines §15073.5, the recirculation of the MND is required when the document must be “substantially revised” after public notice of its availability. A “substantial revision” is defined as:
(1) A new, avoidable significant effect is identified and mitigation measures or project revisions must be added in order to reduce the effect to insignificance; or (2) The lead agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required.
CEQA does not require formal responses to comments on a Draft IS/MND and the decision-making body shall adopt the proposed MND only if it finds on the basis of the whole record before it, that there is no substantial evidence that the project will have a significant effect on the environment and the MND reflects the lead agency’s independent judgment and analysis [CEQA Guidelines §15074(b)].
4590 Patrick Henry Drive Residential Project 2 Responses to Comments City of Santa Clara October 2024
Section 2.0 Responses to Comments Received
on Draft IS/MND
Comments are organized under headings containing the source of the letter and its date. The specific comments from each of the letters and/or emails are presented, with each response to that specific comment directly following. Copies of the letters and emails received by the City of Santa Clara are included in their entirety in Attachment A of this document. Comments received on the Draft IS/MND are listed below.
Comment Letter and Commenter Page of Response
Regional and Local Agencies.............................................................................................................. 3 A. City of Sunnyvale (May 16, 2024)....................................................................................... 3 Organizations, Businesses, and Individuals........................................................................................ 6 B. Lakewood Village Neighborhood Association (date May 4, 2024) .................................... 6 C. John C. Gordon (May 7, 2024)............................................................................................ 6 D. Holland & Knight (May 26, 2024) ....................................................................................... 7 E. Sarah Jackett (letter not dated)........................................................................................ 16 4590 Patrick Henry Drive Residential Project 3 Responses to Comments City of Santa Clara October 2024
Regional and Local Agencies
A. City of Sunnyvale (May 16, 2024)
Comment A.1: Thank you for allowing the City of Sunnyvale to provide comments on the 4590 Patrick Henry Drive Residential Project Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration. Comments concerning Transportation related to the project are as follows:
1) Based on the existing and proposed land uses, we believe that this project will trigger a Congestion Management Program (CMP) requirement and a Traffic Impact Analysis (TIA) would be required. City of Sunnyvale would like to review the scope for the TIA. 2) Although intersection level of service is no longer a CEQA requirement, the City of Sunnyvale requests City of Santa Clara to evaluate intersections operationally in Sunnyvale using criteria per the VTA TIA Guidelines as a basis. Accordingly, City of Sunnyvale and CMP intersections with ten or more project trips per lane added to any intersection movement should be analyzed.
Traffic conditions at the study intersections are typically conducted during the AM (7-10) and PM (4-7) peak hours under existing and future analysis scenarios. 3) Corridor analysis should include Tasman Drive and Lawrence Expressway. The Tasman corridor analysis should cover potential traffic congestion and associated impacts on emergency service access to Sunnyvale neighborhoods. For example, the mobile home park located to the west of Patrick Henry Drive has a single access off of Tasman Drive. Consequently, congestion on Tasman Drive could severely impact access to this mobile home park including access of emergency vehicles.
4) The project site is located near the easterly boundary of the City of Sunnyvale. Relevant approved projects within Sunnyvale and other neighboring jurisdictions need to be included in the study estimates of the Background traffic volumes. This is consistent with the CMP TIA Guidelines. Similarly, pending projects and/or the application of an annual growth rate need to be incorporated in the Cumulative traffic volume estimates in order to reflect the growth in both the local and regional traffic. A current list of approved and pending development projects in the City of Sunnyvale can be supplied upon request.
5) Since this project is just west of the Levi’s Stadium, a game day scenario should be included in the analysis.
6) Evaluation of the alternative modes of transportation should be included in this project’s traffic analysis. The VTA CMP Guidelines indicate that traffic analysis must include transit facilities in terms of transit service availability, transit capacity relative to the increased demand, impact of increased traffic delays on the service, and the need for transit access improvements.
According to the CMP Guidelines, the traffic analysis must also evaluate bicycle and pedestrian facilities in terms of their availability, project effects on future bike/pedestrian plans, and 4590 Patrick Henry Drive Residential Project 4 Responses to Comments City of Santa Clara October 2024
improvements proposed by the project. Maps and information on existing and planned bicycle facilities within Sunnyvale can be supplied upon request. 7) The TIA should identify the individual and cumulative project operational impacts on Sunnyvale facilities, along with associated feasible improvements. It is important to also include the project’s full/pro-rata share financial contributions towards the implementation of these improvements to bring the roadways back to acceptable or no-project operational level of service.
8) The Valley Transportation Plan (VTP) on the VTA web site contains a list of regional improvements which shall be included in the cumulative conditions. Similarly, local improvements within the City of Sunnyvale that are already identified in the City’s Capital Improvement Program (CIP) and/or in the Sunnyvale Traffic Impact Fee Study shall be included in the cumulative analysis. When utilizing regional and local road improvements as project mitigations, please clarify construction schedule of these improvements relative to the schedule of the development completion.
9) The proposed project is significant in size and is expected to affect the Sunnyvale street system. Following to the CMP guidelines, the City of Sunnyvale is requesting to review the draft TIA report.
Response A.1: The Patrick Henry Drive Specific Plan (PHDSP) provides a programlevel environmental review for the PHDSP area, while allowing for specific development projects in the area to tier from the Final Environmental Impact Report (FEIR) and focus on issues that would be specific to a given project and site location.
The Draft IS/MND tiers from the PHDSP FEIR and provides site specific analysis for the project. As discussed on page 15 of the Draft IS/MND, traffic generated by the project was already accounted for and would be similar to what was already analyzed in the PHDSP FEIR. Therefore, a Traffic Impact Analysis (TIA) was not prepared for the project. This comment does not raise any issues about the adequacy of the Draft IS/MND. Therefore, no further response is required.
Comment A.2:
10) We would like City of Santa Clara to implement improvements as described in the Tasman Corridor Streets study as prepared by VTA, Cities of Sunnyvale, Santa Clara, San Jose, and Milpitas as part of the 4590 Patrick Henry Drive Project. 11) Impacts to County of Santa Clara facilities should be improved based on projects listed in the County Expressway Planning Study.
Thank you for the opportunity to provide feedback on the NOI to Adopt a Mitigated Negative Declaration for this significant project. We look forward to personally discussing transportation 4590 Patrick Henry Drive Residential Project 5 Responses to Comments City of Santa Clara October 2024
related matters in the near future, as well as other meeting opportunities at key points of the project planning.
Please do not hesitate to contact me if you have any questions regarding my comments. You can reach me by email at [email protected] or by phone at 408-730-7556.
Response A.2: As discussed in the PHDSP, projects proposed under the PHDSP would be required to pay a PHDSP Infrastructure Impact Fee which will focus on infrastructure improvements including on-site roadway facilities. The City will design and construct projects in phases in the City of Santa Clara as described in the Tasman Corridor Complete Streets Study. Design for the first phase of projects will begin in fiscal year 2025-26. This comment does not raise any issues about the adequacy of the Draft IS/MND. No further response is required. 4590 Patrick Henry Drive Residential Project 6 Responses to Comments City of Santa Clara October 2024
Organizations, Businesses, and Individuals
B. Lakewood Village Neighborhood Association (date May 4, 2024) Comment B.1: We are writing to express our extreme displeasure with the prospect of an eightstory monstrosity of an apartment building to be build at 4590 Patrick Henry adjacent to our neighborhood, Lakewood Village, which predominantly is comprised of single-story single-family homes. In this project’s own plans in section 4.2.1.3 Heights, Edges, and Transitions, they indicate they will “Use height restrictions and building setbacks along the Calabazas Creek to ensure a more gradual transition between the single-family residential neighborhoods in the City of Sunnyvale”, however the proposed plans don’t do that in the least. We are the President and Secretary of Lakewood Village Neighborhood Association representing over 1600 homes and have had a number of residents complain to us about this proposed project.
We request that this complex not be allowed to exceed four stories so as to make it a bit more palatable transition to our neighborhood and not have apartments towering over our neighborhood peering into our backyards and windows as much. Hopefully that would also decrease the effects on the wildlife that currently resides in our creek as well. It’s bad enough that we have the bright lights of Levi’s Stadium shining directly into our neighborhood on a regular basis and we ask that you consider how negatively this will impact our neighborhood and modify the height.
Response B.1: The section referenced in the comment is from the PHDSP. The project has two General Plan designations: Urban Village (UV) and Parks and Open Space (P/OS). As discussed on page 54 of the PHDSP, development in the UV would range from five to 12 stories with a residential density ranging from 100 to 149 dwelling units per acre (du/ac). The proposed project would be eight stories tall with a density of 127 du/ac which is consistent with the General Plan UV designation. The project would be subject to the PHDSP design standards and guidelines. This comment does not raise any issues about the adequacy of the Draft IS/MND.
Therefore, no further response is required.
C. John C. Gordon (May 7, 2024)
Comment C.1: I am writing in regard to and in objection of the 4590 Patrick Henry Drive Residential Project. I believe that there should be no residences built on the Calabazas Creek side of Patrick Henry Drive, at all.
The City of Santa Clara has approved many residential projects along Tasman recently, many are under construction. We have seen multiple proposals for the old Rolm site, all which have thousands of new residents coming to the area. Your letter states that this project "will not have a significant effect on the environment", but I say that having more residents, more vehicles, more noise from the construction is definitely a "significant impact". 4590 Patrick Henry Drive Residential Project 7 Responses to Comments City of Santa Clara October 2024
I live in the Adobe Wells Mobilehome Community, just across the creek in Sunnyvale. Even though the tower is not directly across the creek, no one here wants any eight-story buildings looming over the neighborhood. If the business buildings along the creek can be maintained however, they would prove as an “environmental buffer” off sorts from the unsightly towers that Santa Clara Planners seems to want to build again and again.
Santa Clara Planning relentlessly approves and builds projects that impact the surrounding cities such as Sunnyvale and San Jose, without regard. All of the new and proposed residences in the immediate area will overwhelm already overused streets such as Tasman and Great America, to feed into the extremely overused 101 and 237 freeways. I would be happy to propose to the City of Sunnyvale to permanently block Tasman Drive and Old Mountain View-Alviso Road at the Santa Clara border, to keep the impacts of their bad decisions out of our city.
I and my neighbors stand in opposition to the demolition of the existing industrial building and replacing it with any residential structures.
Response C.1: As discussed in Response A.1, the PHDSP provides a program-level environmental review for the PHDSP area, while allowing for specific development projects in the area, including the proposed project, to tier from the FEIR and focus on issues that would be specific to a given project and site location. As shown on Figure 4.3A of the PHDSP, residential development is allowed along Calabazas Creek.
As discussed on page 15 of the Draft IS/MND, traffic generated by the project was already accounted for in the PHDSP FEIR. Project construction would exceed the exterior threshold of 70 dBA Leq at the nearby commercial buildings and 60 dBA Leq at the nearest residences and the existing ambient noise levels would be exceeded by more than five dBA for more than one year. In addition to Mitigation Measures 13-1 (1 through 6), the project would be required to implement Mitigation Measures NOI-1.1 and NOI-1.2 to reduce project impacts from construction noise to a less than significant level. This comment does not raise any issues about the adequacy of the Draft IS/MND. Therefore, no further response is required.
D. Holland & Knight (May 26, 2024)
Comment D.1: This firm represents 4590 Patrick Henry LLC (the “Applicant”) in connection with its application to construct 284 multifamily residential units in a housing development project (the “Project”) at 4590 Patrick Henry Drive (the “Property”) within the Patrick Henry Drive Specific Plan (“PHDSP”) area in Santa Clara (the “City”). On March 22, 2022, to comply with the California Environmental Quality Act (“CEQA”), the City certified the PHDSP Final Environmental Impact Report (FEIR) and approved the PHDSP project. The intent and purpose of the PHDSP FEIR was to provide program-level environmental review for the PHDSP, while allowing for specific development projects that would implement the PHDSP to tier from the FEIR to avoid redundant environmental review, and focusing only on those issues that would be specific to a given project 4590 Patrick Henry Drive Residential Project 8 Responses to Comments City of Santa Clara October 2024
and site location. Thus, the City prepared a “Focused Initial Study” to study the Project’s specific impacts, which the document also describes as an addendum to the FEIR (the “FIS/Addendum”).
The Applicant provides the following comments on the FIS/Addendum, which are divided into two sections. First, we provide documentation regarding the economic and practical infeasibility of Mitigation Measure Bio(C)-1.1, as well as its too-broad scope, and we make a request for the City to amend the mitigation measure and/or work with the Applicant to ensure the Project will maintain its park fee credit. Second, we request minor revisions to the FIS/Addendum.
Response D.1: The commenter has correctly summarized the intent of the PHDSP FEIR. As of August 2024, the City and applicant have agreed on revisions to the park to address mitigation measure BIO(C)-1.1 with consideration of the mitigation area, vegetation, lighting, and allowed activity. The applicant’s request related to how park fee credits are calculated under the City’s Parkland Dedication Ordinance is not a CEQA comment. Regarding the proposed mitigation, the applicant has been unable to secure mitigation off-site and the City has agreed to accept the applicant’s mitigation obligation in the public park. As noted by the commenter below (Comment D.3), the park will be encumbered with an ongoing mitigation obligation, which conflicts with the applicant’s obligation under the Parkland Dedication Ordinance to dedicate unencumbered park land. Given this concession, no additional park credit will be provided to the applicant under the Parkland Dedication Ordinance. Refer to Responses D.3 and D.4 for a response to Mitigation Measure BIO(C)-1.1.
The document is a Focused Initial Study and not an Addendum. Refer to Section 3.0 Draft IS/MND Text Revisions for the text edit. This text change does not provide new information that would change the project’s impact, provide new information that would require additional analysis or result in new significant impacts Comment D.2: 1. Infeasibility and Too-Broad Scope of Mitigation Measure Bio(C)-1.1 Calabazas Creek is a concrete channel approximately 95 feet west of the Project site boundary.
Under threshold b) of the Biological Resources analysis, the FIS/Addendum explains that in the PHDSP FEIR, the Creek was identified as only “marginally suitable” riparian habitat. Therefore, the FEIR did not address impacts such as shading or encroachment from future projects, which are permitted at up to 12 stories along the Creek. However, Project-specific site visits in August and September of 2023 detected more significant vegetation along the channel than had been there when the PHDSP FEIR was prepared in 2019.
A 0.14 acre portion of the Project building would encroach within 100 feet of the Creek. This 0.14 acre area is already occupied by concrete with parking spaces in the current condition. Further, the City does not have an applicable Creek buffer policy – rather ,the FIS/Addendum assumes that a 100-foot setback is appropriate to study CEQA impacts, based on San Jose and Santa Clara Valley 4590 Patrick Henry Drive Residential Project 9 Responses to Comments City of Santa Clara October 2024
Habitat Plan policies.1 There is no detailed analysis of whether the Creek needs the same buffer to avoid CEQA impacts, or whether a lesser buffer could be appropriate for CEQA purposes.
Response D.2: As stated by the commenter, the project would encroach within 0.14 acres of the 100-foot setback area and the City of Santa Clara does not have a riparian buffer policy nor does the PHDSP include buffer standards and guidelines.
Based on other riparian policies in the region, the moderate quality of riparian habitat, and native bird community presence at this location, H.T. Harvey & Associates (HTH) determined that a 100-foot setback is appropriate to maintain suitable riparian functions and values (refer to page 45 of the Draft IS/MND and page 27 of Appendix C of the Draft IS/MND).
Comment D.3: The FIS/Addendum concludes that some birds may collide with this portion of the building or may avoid the area. Further, the Project is 86 feet tall to the top of the parapet, and it would shade some riparian habitat during the early morning, but this “shading would not result in a substantial adverse effect on the health of the riparian vegetation.”2 Rather, there will be “ample direct sunlight available to the riparian corridor throughout most of the day,” and none of the habitat would be lost.3 Further, the “existing riparian habitat adjacent to the project is of moderate quality (as opposed to high quality) and is not expected to attract a large number of birds”4to begin with, making the potential impact on birds from the 0.14 acre encroachment into the 100-foot assumed-appropriate buffer area more remote.
Because of the moderate quality of the habitat, the already lowered potential for birds to use the area, and the fact that the Project would not harm the health of the vegetation with its shading effects, the FIS/Addendum concludes that the Project alone would not have a significant impact on riparian habitat, and no mitigation is required for the Project. 5 However, the technical report and
the FIS/Addendum then conclude that a potentially significant cumulative impact would occur, and that mitigation is necessary.
Mitigation Measure Bio(C)-1.1 requires that the Applicant provide a native habitat area either onsite or elsewhere on the Santa Clara Valley floor, at a minimum ratio of 1:1 to compensate for the entire 0.14 acre area that is within 100 feet of the creek (even though the FIS/Addendum concludes that none of the 0.14 acre within the Creek setback would be lost as habitat, and the vegetation would not be lost). The measure requires that this area be void of non-native trees, shrubs, and vines, as well as hardscape, and that native trees and shrubs be planted that are appropriate for streamside areas in Santa Clara. The area must also be either contiguous with riparian habitat, or separated from it only by a levee. No lighting is allowed within, or shining directly into the area.6 1 FIS/Addendum Appendix C, page 27.
2 FIS/Addendum, page 45.
3 FIS/Addendum Appendix C, page 26.
4 FIS/Addendum, page 46.
5 FIS/Addendum, pages 45-47.
6 FIS/Addendum Mitigation Monitoring and Reporting Program, pages 1-2. 4590 Patrick Henry Drive Residential Project 10 Responses to Comments City of Santa Clara October 2024
The Applicant has investigated the offsite mitigation option extensively, and has not located any land that would qualify. There are no mitigation land banks in the Santa Clara Valley. The Applicant also does not control other qualifying land in the Santa Clara Valley, and it is not feasible to convince another private landowner to encumber their land with an ongoing mitigation obligation, particularly with the further limiting factor that the land must be contiguous with riparian habitat, or separated from it only by a levee.
Response D.3: The commenter is correct that the project, by itself, would have a less than significant impact on the riparian corridor. Appendix C of the Draft IS/MND, prepared by the City’s biological consultant, concluded that encroachment of the project within the 100-foot riparian setback would result in a considerable contribution to significant cumulative impacts on the functions and values of remaining riparian habitat in the City and along streams on the Santa Clara Valley floor without mitigation. As a result, mitigation is required consistent with CEQA. If there is no feasible mitigation, then the Focused Initial Study is no longer a valid option for CEQA compliance, and a Supplemental Environmental Impact Report (EIR) would be required. A Supplemental EIR would provide the decision-makers with the option to adopt overriding considerations, should they make supportable findings that the benefits of the project outweigh the impacts.
Comment D.4: The Applicant has also explored the onsite mitigation option, and discussed it with City staff. The mitigation measure indicates that the portion of the Project site on the western edge of the proposed public park would be sufficient for this purpose, but that in order to qualify, the currently planned “high-human use areas (such as exercise equipment and picnic tables)” would need to be moved to the east, out of the 0.14 acre area. 7 For reference, the current design is as
follows:
The features of the 0.555 acre park include:
• A lawn area for frisbee, stretching, yoga or quiet enjoyment • Table tennis
• A pedestrian pathway around the park for walking or jogging • Bocce court
• Cornhole games
7 FIS/Addendum Mitigation Monitoring and Reporting Program, pages 2-3. 4590 Patrick Henry Drive Residential Project 11 Responses to Comments City of Santa Clara October 2024
• Picnic and game tables (for chess etc.) around the lawn and pathways tucked under shade trees
• A musical instrument area designed as an activity that is accessible for "all ages and abilities"
• Shade trees
• Benches
The Applicant has determined that redesigning the park as described in the mitigation measure is feasible from a practical perspective. The active areas could be shifted further east while maintaining all of the park’s above-described features, and the western portion planted as required by the measure. The proposed park would not be open at night, so the no-lighting requirement is likewise not an issue. However, the Parks Department in particular has expressed that if the active elements are moved into the planned “lawn” portion of the park on the eastern side, the lawn would likely no longer qualify as such and the Project may therefore lose its fee credit for dedicating the park to the public, either for the 0.14 acre area or for the entire park. The impact of losing park fee credit is as follows:
• Current Park Fee = $8,240,564
• If no credit for 0.14 acre mitigation area = $8,916,764 ($676,200 added) • If no credit for entire 0.555 park = $10,680,956 ($2.44 million added) Because dedicating the park is a requirement of the PHDSP, these costs would not be offset by an ability to reabsorb the park area into the Project, but rather would be additive to the cost of providing a public park. The Applicant would be both paying to provide an on-site public park, and paying a full park fee, in addition to absorbing the loss of the development area taken up by the park. The Project site is also constrained by a turnaround for emergency vehicles, as follows:
4590 Patrick Henry Drive Residential Project 12 Responses to Comments City of Santa Clara October 2024
Likewise, the Applicant has designed the Project to be as dense as possible given the high cost of construction, and cannot increase the height of the Project to offset any further costs because doing so would move the Project into a different and much costlier construction type. The Project cannot sustain these additional costs in addition to these considerations, and the mitigation measure is therefore both practically infeasible (for the off-site option) and economically infeasible (for the on-site option) as written, unless the City and the Applicant can work further together to maintain the Project’s park fee credit.
Response D.4: The applicant’s request for additional park fee credits under the City’s Parkland Dedication Ordinance is not a CEQA comment. As of September 2024, the City of Santa Clara and the applicant have come to an agreement to accept the applicant’s mitigation obligation in the public park because the applicant has been unable to secure mitigation off-site. As discussed in Mitigation Measure BIO(C)-1.1, on-site mitigation for the riparian encroachment can be achieved by revising the proposed public park design such that a 0.14-acre area (immediately adjacent to the western site boundary) incorporates native trees and shrubs, there is no night lighting, and high-human use areas are concentrated on the eastern portion of the proposed open space area (outside the 0.14-acre mitigation area).
Refer to pages 130 to 132 of the Draft IS/MND for the full mitigation language. The applicant proposes to redesign the public park in compliance with Mitigation Measure BIO(C)-1.1. Redesign of the proposed public park would not require 4590 Patrick Henry Drive Residential Project 13 Responses to Comments City of Santa Clara October 2024
additional analysis or result in new significant impacts.
If the mitigation measure is determined to be infeasible, as indicated by the commenter, then the project cannot proceed with the Initial Study and a Supplemental EIR must be prepared.
Comment D.5: In addition to the infeasibility of the mitigation measure, we question whether it is appropriate to conclude that the Project will cause a cumulatively considerable impact, and to require the entire 0.14 acre that is shaded be replaced, with the requirement for no active uses to be present in the mitigation area.
The biological resource technical report indicates that the cumulative impact rises “due to the link of impacts from past, current, and reasonably foreseeable future projects in the region.”8 However, it is not always appropriate to incorporate the impacts of past projects, which have already altered the environment, already been studied, and already had mitigation applied to them as appropriate.
The condition of Calabazas Creek may be more appropriately understood as an existing environmental condition, which is necessarily already taken account of in the PHDSP FEIR and the Project’s FIS/Addendum, therefore obviating the need for a separate analysis of the effects of past projects. City of Long Beach v. Los Angeles Unified Sch. Dist. (2009) 176 CA4th 889. The impacts of past projects should only be considered to the extent such information is relevant to an understanding of the impacts of the Project considered cumulatively with other pending and future projects, and the discussion “should be guided by the standards of practicality and reasonableness.” Environmental Protection Info Ctr. V. Dept. of Forestry & Fire Protection (2008) 44 C4th 459, 525.
Response D.5: As discussed on page 39 of Appendix C of the Draft IS/MND, future development activities in the City will result in impacts on the same habitat types and species that would be affected by the proposed project. The proposed project, in combination with other projects in the area could contribute to cumulative effects on special-status species.
It is within the purview of the commenter to commission their own analysis by a qualified biological consultant that would either support or refute the conclusions of the City. If, however, there is a disagreement among experts, the Initial Study would no longer be the appropriate level of CEQA review due to the Fair Argument Standard. A Supplemental EIR would need to be prepared so both conclusions could be included in the public record and be given equal consideration by the decisionmaking body.
Comment D.6: Further, requiring the replacement of the entire 0.14 acre without allowing any active human uses in the area, does not take into account that the Project’s contribution to a regionally cumulative impact is incremental in nature, and that the riparian habitat’s existing 8 FIS/Addendum Appendix C, page 29.
4590 Patrick Henry Drive Residential Project 14 Responses to Comments City of Santa Clara October 2024
condition is only moderate to begin with. Further, the FIS/Addendum concludes that the Project’s shading impact would be extremely limited, and there is still “ample” sunlight during the remainder of the day such that the vegetation will not be damaged and the habitat will maintain its usefulness.
Rather than requiring that the entire 0.14 acre be replaced at a 1:1 ratio, the mitigation measure could:
• Require a reduced ratio; and/or
• Allow active uses in the on-site mitigation area, which could be found to “achieve no net loss of habitat functions and values”9 due to the extremely limited impact the Project is having individually and the incremental nature of the Project’s contribution to a regionally cumulative impact, and the already degraded quality of the habit that would be shaded.
Response D.6: While the proposed project, by itself, would result in a less than significant impact on the riparian corridor, the proposed building would encroach within approximately 0.14 acres of the 100-foot riparian setback. HTH concluded that the project’s contribution to cumulative impacts due to riparian encroachment would be considerable as it represents a new type of development that would have a greater impact on the riparian corridor compared to existing conditions.
As discussed in Response D.4, the City of Santa Clara and the applicant have come to an agreement to accept the applicant’s mitigation obligation in the public park because the applicant has been unable to secure mitigation off-site. The proposed park would be redesigned to comply with Mitigation Measure BIO(C)-1.1. Redesign of the proposed park would not require additional analysis or result in new significant impacts.
Comment D.7: For all of the above reasons, the Applicant hereby requests that the City revise Mitigation Measure Bio(C)-1.1 in consultation with the Applicant and the City’s environmental consultant, to ensure that the measure’s scope is appropriate and that the requirements are feasible. With regard to feasibility, the Applicant hereby requests that the City work with the Applicant to revise the proposed public park to meet the Project’s mitigation needs while maintaining park fee credit.
Response D.7: Refer to Responses D.3 and D.4.
Comment D.8: 2. Requests for Minor Revisions
In Section 2.4, page 3: The word “eastern” should be replaced with “western.” In Section 2.7, page 3: Given that this section indicates it will include all approvals and the relevant “agreements,” we recommend adding the Vesting Tentative Map, the affordable housing regulatory agreement, and the park agreement
9 FIS/Addendum Mitigation Monitoring and Reporting Program, page 3. 4590 Patrick Henry Drive Residential Project 15 Responses to Comments City of Santa Clara October 2024
Figures 3.04 and 3.0-5: There are more current versions to replace these with, which the Applicant is enclosing if needed. Please check other figures as well.
Section 4.2.2.1, page 21: The technical report in Appendix A indicates that the analysis relies on the 2022 updates, not the May 2017 guidelines. Update as needed to make correct/consistent (and if 2017 guidelines were relied on, explain why 2022 updates were not more appropriate).
Response D.8: The comment provides text corrections and current versions of the site plan and elevation to the Draft IS/MND. Refer to Section 3.0 Draft IS/MND Text Revisions. The requested text changes and updated graphics do not provide new information that would change the project’s impact, provide new information that would require additional analysis or result in new significant impacts or mitigation measures than those analyzed and disclosed in the Draft IS/MND and associated appendices, or present new information that would require recirculation of the Draft IS/MND.
Comment D.9: Section 4.4.2.2 significance threshold d, pages 61-62: This discussion indicates that the Applicant must contract with an archaeologist/Tamien Nation representative. However, it is not clear that this is required. Rather, FEIR Mitigation Measure 7-2 first requires contact with CHRIS.
The Applicant would like to know whether the City’s consultant has contacted CHRIS to determine whether the site is in a sensitive area, which is the only circumstance that requires a subsequent contract with an archeologist/Tamien Nation representative. The discussion on page 61-62 should be clarified to indicate whether the CHRIS contact has occurred, and if not the MMRP should be made more clear about when this must be conducted.
Section 4.9.2.2 significance threshold c, page 126: This analysis indicates that no project would be “approved” until the City determines that sufficient sewer capacity exists. It appears that this should be clarified to indicate that such determination must be made prior to issuance of a building permit, not the land use entitlement, as is indicated earlier in this chapter.
References: Please add the arborist report to the references section.
Thank you for your attention to this matter.
Response D.9: The mitigation mentioned above is mitigation included as part of the PHDSP FEIR. A record search was completed at the Northwest Information Center (NWIC) of the California Historical Resources Information System (CHRIS). The results of the search are included as part of the Archaeological Sensitivity Assessment and a copy of the assessment is on file with the City of Santa Clara, Community Development Department as mentioned on page 50 of the Draft IS/MND.
4590 Patrick Henry Drive Residential Project 16 Responses to Comments City of Santa Clara October 2024
Pages 18-30 of the PHDSP FEIR states, “As standard conditions of approval, each individual project would need to provide sanitary sewer information to the City. No project would be approved by the City until the City determines that sufficient sewer capacity exists”. The Draft IS/MND is consistent with the PHDSP FEIR in stating that the project cannot be approved until sewer capacity is determined by the City. The PHDSP FEIR does not allow for alternative timing of compliance with this condition.
The Arborist Report reference is added to Section 3.0 Draft IS/MND Text Revisions.
This comment does not raise any issues about the adequacy of the Draft IS/MND.
Therefore, no further response is required.
E. Sarah Jackett (letter not dated)
Comment E.1: I am a Sunnyvale resident who lives in Lakewood Village, right behind Calabazas Creek, along the boundary between Sunnyvale and Santa Clara. I am writing on behalf of many of my neighbors, who have all signed the attached petition requesting that the City of Santa Clara and project developers reduce the height of the proposed Patrick Henry Drive Project buildings along Calabazas Creek. The buildings right in our backyards, along the creek, have unfortunately been zoned to be constructed as high as 12 stories.
The building proposed for 4590 Patrick Henry Drive is scheduled for 8 stories, an incredibly tall building considering the surrounding neighborhood.
Neighbors in Lakewood Village are concerned about the impact of heavy construction noise for several years, major traffic implications, buildings that will look down into our backyards, flooding implications, (Manzano Way regularly floods during storms), and the environmental impact to wildlife in the creek.
Response E.1: As discussed in Response B.1, parcels designated as UV are allowed to construct buildings ranging from five to 12 stories. The project would be eight stories tall which is consistent with the UV designation. Construction of the project would occur over a period of 27 months and the project includes mitigation to reduce construction noise (refer to pages 112 to 115 of the Draft IS/MND). As discussed in the Draft IS/MND on page 96, the site is located in Flood Zone X, an area that is not subject to a 100-year flood hazard. The PHDSP FEIR concluded that build out of the PHDSP could threaten or endanger habitat for special-status plants and species. A project-specific Biological Resources Report was prepared for the project site which describes the project’s impacts on sensitive biological resources (refer to Appendix C of the Draft IS/MND for more information). This comment does not raise any issues about the adequacy of the Draft IS/MND. Therefore, no further response is required.
4590 Patrick Henry Drive Residential Project 17 Responses to Comments City of Santa Clara October 2024
Comment E.2: The plans for this development indicated that more would be done to respect the existing neighborhood, but that is clearly not the case:
“Ensure building heights respect and respond to the character of areas adjacent to the Patrick Henry Drive Specific Plan Area while accommodating high-density development.
Locate the tallest buildings in the interior of the PHD Specific Plan Area so that the overall scale of the area decreases as it approaches the PHD Specific Plan Area edges.
Use height restrictions and building stepbacks along the Calabazas Creek to ensure a more gradual transition between the single-family residential neighborhoods in the City of Sunnyvale.”
Response E.2: As discussed in Response B.1, the project is consistent with the General Plan UV designation and would be subject to the PHDSP design standards and guidelines. This comment does not raise any issues about the adequacy of the Draft IS/MND. Therefore, no further response is required.
Comment E.3: The impact of these proposed buildings is truly upsetting to the Lakewood Village neighborhood. Our neighborhood has already been generous to the City of Santa Clara, dealing with the increased traffic due to games and concerts at Levi’s Stadium (Manzano Way sees many cars parking up and down our street during those events, due to the footbridge that people cross to walk to the stadium). Folks in the neighborhood who have been here since the 1950s, and never protested anything, have signed their names to our petition. To be clear, we don’t want to stop the development, but it seems reasonable that the size of the buildings could be lowered considerably and still provide for plenty of increased housing.
We have several representatives who are willing to sit down with the City and developers to work out more reasonable plans that will benefit both the City of Santa Clara and its Sunnyvale neighbors.
• Some of our requests:
o Lower the buildings along Calabazas Creek to a height of no more than 4 stories. o Position the park areas along the creek, behind the buildings, so as to provide more buffer between the neighborhood and the development.
o Do not allow weekend construction on buildings along the creek.
We look forward to speaking with you on this matter. Thank you for your time! Response E.3: As discussed in Responses A.1 and C.1, the PHDSP provides a program-level environmental review for the PHDSP area, while allowing for specific development projects in the area, including the proposed project, to tier from the PHDSP FEIR and focus on issues that would be specific to a given project and site location. As mentioned previously, the proposed project would be eight stories tall with a density of 127 du/ac which is consistent with the General Plan UV 4590 Patrick Henry Drive Residential Project 18 Responses to Comments City of Santa Clara October 2024
designation. As stated on page 11, Section 3.1.6 of the Draft IS/MND, the proposed construction hours would be Monday to Friday, 7:00 AM to 5:00 PM. No weekend construction is proposed. This comment does not raise any issues about the adequacy of the Draft IS/MND. Therefore, no further response is required. 4590 Patrick Henry Drive Residential Project 19 Responses to Comments City of Santa Clara October 2024
Section 3.0 Draft IS/MND Text Revisions
This section contains revisions to the text of the 4590 Patrick Henry Drive Residential Project Draft IS/MND dated April 2024. Revised or new language is underlined. All deletions are shown with a line through the text.
Section 1.1.1, Page 1 The last sentence of the second paragraph under Patrick Henry Drive Specific Plan will be REVISED as
follows:
This addendumFocused Initial Study tiers from the
PHDSP FEIR and provides site-specific analysis for
the proposed project and assesses consistency of
the project with the PHDSP.
Section 2.4, Page 3 The following sentence under Project Location will be REVISED as follows:
The 2.79-acre project site is located on the eastern
western portion of the PHDSP area at 4590 Patrick
Henry Drive in the City of Santa Clara.
Section 2.7, Page 3 The following bullets will be ADDED under ProjectRelated Approvals, Agreements, and Permits:
• Demolition Permit
• Grading Permit
• Building Permit
• Site Development Permit
• Architectural Review
• Vesting Tentative Map
• Affordable Housing Regulatory Agreement
• Park Agreement
Section 3.0, Page 8 Figure 3.0-4, Site Plan – Ground Floor will be REVISED as follows:
4590 Patrick Henry Drive Residential Project 20 Responses to Comments City of Santa Clara October 2024
Section 3.0, Page 9 Figure 3.0-5, Building Sections will be REVISED as follows:
4590 Patrick Henry Drive Residential Project 21 Responses to Comments City of Santa Clara October 2024
Section 4.2.2.1, Page 21 The paragraph under Impacts from the Project will be REVISED as follows:
As discussed in CEQA Guidelines Section 15064(b),
the determination of whether a project may have a
significant effect on the environment calls for
judgment on the part of the Lead Agency and must
be based to the extent possible on scientific and
factual data. The City of Santa Clara has considered
the air quality thresholds updated by BAAQMD in
May 2017 April 2022 (revised April 2023) and
regards these thresholds to be based on the best
information available for the San Francisco Bay Area
Air Basin and conservative in terms of the
assessment of health effects associated with TACs
and PM2.5. The BAAQMD CEQA Air Quality
thresholds used in this analysis are identified in
Table 4.2-3 below.
Section 4.6.2.1, Page 81 The following paragraph under Wildfire Hazards will be REVISED as follows:
The PHDSP FEIR found no impacts related to wildlife
wildfire hazards since the PHDSP area is not within a
4590 Patrick Henry Drive Residential Project 22 Responses to Comments City of Santa Clara October 2024
Very High Fire Hazard Severity Zone and there is no
terrain or vegetation within the plan area that would
be conducive to wildfires. For these reasons, the
PHDSP FEIR concluded that no impacts related to
wildfire hazards would occur.
Section 5.0, Page 135 The following reference will be ADDED:
HortScience | Bartlett Consulting. Preliminary
Arborist Report. June 2023.
4590 Patrick Henry Drive Residential Project 23 Responses to Comments City of Santa Clara October 2024
Section 4.0 Conclusion
The comments received on the Draft IS/MND did not raise any new issues about the project’s environmental impacts or provide information indicating the project would result in new environmental impacts or impacts substantially greater in severity than disclosed in the Draft IS/MND. Minor clarifications were added to the text of the Draft IS/MND (refer to Section 3.0 Draft IS/MND Text Revisions). The text revisions do not constitute a “substantial revision” pursuant to CEQA Guidelines §15073.5 and recirculation of the MND is not required.
Attachment A: IS/MND Comment Letters
May 16, 2024
Tiffany Vien, Associate Planner
City of Santa Clara
1500 Warburton Avenue
Santa Clara, California 95050
Re: Comments on the 4590 Patrick Henry Drive Residential Project Notice of Intent to Adopt a Mitigated Negative Declaration
Dear Ms. Vien,
Thank you for allowing the City of Sunnyvale to provide comments on the 4590 Patrick Henry Drive Residential Project Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration. Comments concerning Transportation related to the project are as follows:
1. Based on the existing and proposed land uses, we believe that this project will trigger a Congestion Management Program (CMP) requirement and a Traffic Impact Analysis (TIA) would be required. City of Sunnyvale would like to review the scope for the TIA.
2. Although intersection level of service is no longer a CEQA requirement, the City of Sunnyvale requests City of Santa Clara to evaluate intersections operationally in Sunnyvale using criteria per the VTA TIA Guidelines as a basis. Accordingly, City of Sunnyvale and CMP intersections with ten or more project trips per lane added to any intersection movement should be analyzed. Traffic conditions at the study intersections are typically conducted during the AM (7-10) and PM (4-7) peak hours under existing and future analysis scenarios.
3. Corridor analysis should include Tasman Drive and Lawrence Expressway. The Tasman corridor analysis should cover potential traffic congestion and associated impacts on emergency service access to Sunnyvale neighborhoods.
For example, the mobile home park located to the west of Patrick Henry Drive has a single access off of Tasman Drive. Consequently, congestion on Tasman Drive could severely impact access to this mobile home park including access of emergency vehicles.
4. The project site is located near the easterly boundary of the City of Sunnyvale.
Relevant approved projects within Sunnyvale and other neighboring jurisdictions need to be included in the study estimates of the Background traffic volumes.
This is consistent with the CMP TIA Guidelines. Similarly, pending projects and/or the application of an annual growth rate need to be incorporated in the Cumulative traffic volume estimates in order to reflect the growth in both the local and regional traffic. A current list of approved and pending development projects in the City of Sunnyvale can be supplied upon request.
City of Sunnyvale Comments on 4590 Patrick Henry Drive Residential Project Notice of Intent to Adopt a Mitigated Negative Declaration May 16, 2024
5. Since this project is just west of the Levi’s Stadium, a game day scenario should be included in the analysis.
6. Evaluation of the alternative modes of transportation should be included in this project’s traffic analysis. The VTA CMP Guidelines indicate that traffic analysis must include transit facilities in terms of transit service availability, transit capacity relative to the increased demand, impact of increased traffic delays on the service, and the need for transit access improvements. According to the CMP Guidelines, the traffic analysis must also evaluate bicycle and pedestrian facilities in terms of their availability, project effects on future bike/pedestrian plans, and improvements proposed by the project. Maps and information on existing and planned bicycle facilities within Sunnyvale can be supplied upon request.
7. The TIA should identify the individual and cumulative project operational impacts on Sunnyvale facilities, along with associated feasible improvements. It is important to also include the project’s full/pro-rata share financial contributions towards the implementation of these improvements to bring the roadways back to acceptable or no-project operational level of service.
8. The Valley Transportation Plan (VTP) on the VTA web site contains a list of regional improvements which shall be included in the cumulative conditions.
Similarly, local improvements within the City of Sunnyvale that are already identified in the City’s Capital Improvement Program (CIP) and/or in the Sunnyvale Traffic Impact Fee Study shall be included in the cumulative analysis.
When utilizing regional and local road improvements as project mitigations, please clarify construction schedule of these improvements relative to the schedule of the development completion.
9. The proposed project is significant in size and is expected to affect the Sunnyvale street system. Following to the CMP guidelines, the City of Sunnyvale is requesting to review the draft TIA report.
10. We would like City of Santa Clara to implement improvements as described in the Tasman Corridor Streets study as prepared by VTA, Cities of Sunnyvale, Santa Clara, San Jose, and Milpitas as part of the 4590 Patrick Henry Drive Project.
11. Impacts to County of Santa Clara facilities should be improved based on projects listed in the County Expressway Planning Study.
Thank you for the opportunity to provide feedback on the NOI to Adopt a Mitigated Negative Declaration for this significant project. We look forward to personally discussing transportation related matters in the near future, as well as other meeting opportunities at key points of the project planning.
Please do not hesitate to contact me if you have any questions regarding my comments.
You can reach me by email at [email protected] or by phone at 408-730-7556.
City of Sunnyvale Comments on 4590 Patrick Henry Drive Residential Project Notice of Intent to Adopt a Mitigated Negative Declaration May 16, 2024
Sincerely,
Lillian Tsang, P.E.
Principal Transportation Engineer
Department of Public Works
Cc: Dennis Ng, Transportation and Traffic Manager
560 Mission Street, Suite 1900 | San Francisco, CA 94105 | T 415.743.6900 | F 415.743.6910 Holland & Knight LLP | www.hklaw.com
Tamsen Plume
+1 415-743-6941
[email protected]
Genna Yarkin
+1 415-743-6990
[email protected]
Atlanta | Austin | Birmingham | Boston | Century City | Charlotte | Chattanooga | Chicago | Dallas | Denver | Fort Lauderdale Houston | Jacksonville | Los Angeles | Miami | Nashville | Newport Beach | New York | Orlando | Philadelphia Portland | Richmond | San Francisco | Stamford | Tallahassee | Tampa | Tysons | Washington, D.C. | West Palm Beach May 26, 2024
Tiffany Vien - Associate Planner
1500 Warburton Avenue
Santa Clara, CA 95050
Re: Applicant CEQA Comments - 4590 Patrick Henry Drive Project Dear Tiffany:
This firm represents 4590 Patrick Henry LLC (the “Applicant”) in connection with its application to construct 284 multifamily residential units in a housing development project (the “Project”) at 4590 Patrick Henry Drive (the “Property”) within the Patrick Henry Drive Specific Plan (“PHDSP”) area in Santa Clara (the “City”). On March 22, 2022, to comply with the California Environmental Quality Act (“CEQA”), the City certified the PHDSP Final Environmental Impact Report (FEIR) and approved the PHDSP project. The intent and purpose of the PHDSP FEIR was to provide program-level environmental review for the PHDSP, while allowing for specific development projects that would implement the PHDSP to tier from the FEIR to avoid redundant environmental review, and focusing only on those issues that would be specific to a given project and site location. Thus, the City prepared a “Focused Initial Study” to study the Project’s specific impacts, which the document also describes as an addendum to the FEIR (the “FIS/Addendum”).
The Applicant provides the following comments on the FIS/Addendum, which are divided into two sections. First, we provide documentation regarding the economic and practical infeasibility of Mitigation Measure Bio(C)-1.1, as well as its too-broad scope, and we make a request for the City to amend the mitigation measure and/or work with the Applicant to ensure the Project will maintain its park fee credit. Second, we request minor revisions to the FIS/Addendum.
1. Infeasibility and Too-Broad Scope of Mitigation Measure Bio(C)-1.1 Calabazas Creek is a concrete channel approximately 95 feet west of the Project site boundary.
Under threshold b) of the Biological Resources analysis, the FIS/Addendum explains that in the PHDSP FEIR, the Creek was identified as only “marginally suitable” riparian habitat. Therefore, the FEIR did not address impacts such as shading or encroachment from future projects, which are permitted at up to 12 stories along the Creek. However, Project-specific site visits in August and Tiffany Vien - Associate Planner
May 26, 2024
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September of 2023 detected more significant vegetation along the channel than had been there when the PHDSP FEIR was prepared in 2019.
A 0.14 acre portion of the Project building would encroach within 100 feet of the Creek. This 0.14 acre area is already occupied by concrete with parking spaces in the current condition. Further, the City does not have an applicable Creek buffer policy – rather ,the FIS/Addendum assumes that a 100-foot setback is appropriate to study CEQA impacts, based on San Jose and Santa Clara Valley Habitat Plan policies.1 There is no detailed analysis of whether the Creek needs the same buffer to avoid CEQA impacts, or whether a lesser buffer could be appropriate for CEQA purposes.
The FIS/Addendum concludes that some birds may collide with this portion of the building or may avoid the area. Further, the Project is 86 feet tall to the top of the parapet, and it would shade some riparian habitat during the early morning, but this “shading would not result in a substantial adverse effect on the health of the riparian vegetation.”2 Rather, there will be “ample direct sunlight available to the riparian corridor throughout most of the day,” and none of the habitat would be lost.3 Further, the “existing riparian habitat adjacent to the project is of moderate quality (as opposed to high quality) and is not expected to attract a large number of birds”4 to begin with, making the potential impact on birds from the 0.14 acre encroachment into the 100-foot assumedappropriate buffer area more remote.
Because of the moderate quality of the habitat, the already lowered potential for birds to use the area, and the fact that the Project would not harm the health of the vegetation with its shading effects, the FIS/Addendum concludes that the Project alone would not have a significant impact on riparian habitat, and no mitigation is required for the Project.5 However, the technical report and the FIS/Addendum then conclude that a potentially significant cumulative impact would occur, and that mitigation is necessary.
Mitigation Measure Bio(C)-1.1 requires that the Applicant provide a native habitat area either onsite or elsewhere on the Santa Clara Valley floor, at a minimum ratio of 1:1 to compensate for the entire 0.14 acre area that is within 100 feet of the creek (even though the FIS/Addendum concludes that none of the 0.14 acre within the Creek setback would be lost as habitat, and the vegetation would not be lost). The measure requires that this area be void of non-native trees, shrubs, and vines, as well as hardscape, and that native trees and shrubs be planted that are appropriate for streamside areas in Santa Clara. The area must also be either contiguous with riparian habitat, or separated from it only by a levee. No lighting is allowed within, or shining directly into the area.6 1 FIS/Addendum Appendix C, page 27.
2 FIS/Addendum, page 45.
3 FIS/Addendum Appendix C, page 26.
4 FIS/Addendum, page 46.
5 FIS/Addendum, pages 45-47. 6 FIS/Addendum Mitigation Monitoring and Reporting Program, pages 1-2.
Tiffany Vien - Associate Planner
May 26, 2024
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The Applicant has investigated the offsite mitigation option extensively, and has not located any land that would qualify. There are no mitigation land banks in the Santa Clara Valley. The Applicant also does not control other qualifying land in the Santa Clara Valley, and it is not feasible to convince another private landowner to encumber their land with an ongoing mitigation obligation, particularly with the further limiting factor that the land must be contiguous with riparian habitat, or separated from it only by a levee.
The Applicant has also explored the onsite mitigation option, and discussed it with City staff. The mitigation measure indicates that the portion of the Project site on the western edge of the proposed public park would be sufficient for this purpose, but that in order to qualify, the currently planned “high-human use areas (such as exercise equipment and picnic tables)” would need to be moved to the east, out of the 0.14 acre area.7 For reference, the current design is as follows:
The features of the 0.555 acre park include:
• A lawn area for frisbee, stretching, yoga or quiet enjoyment • Table tennis
• A pedestrian pathway around the park for walking or jogging • Bocce court
• Cornhole games
• Picnic and game tables (for chess etc.) around the lawn and pathways tucked under shade trees
• A musical instrument area designed as an activity that is accessible for "all ages and abilities"
• Shade trees
• Benches
The Applicant has determined that redesigning the park as described in the mitigation measure is feasible from a practical perspective. The active areas could be shifted further east while maintaining all of the park’s above-described features, and the western portion planted as required by the measure. The proposed park would not be open at night, so the no-lighting requirement is likewise not an issue. However, the Parks Department in particular has expressed that if the active elements are moved into the planned “lawn” portion of the park on the eastern side, the lawn would 7 FIS/Addendum Mitigation Monitoring and Reporting Program, pages 2-3.
Tiffany Vien - Associate Planner
May 26, 2024
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likely no longer qualify as such and the Project may therefore lose its fee credit for dedicating the park to the public, either for the 0.14 acre area or for the entire park. The impact of losing park fee credit is as follows:
• Current Park Fee = $8,240,564
• If no credit for 0.14 acre mitigation area = $8,916,764 ($676,200 added) • If no credit for entire 0.555 park = $10,680,956 ($2.44 million added) Because dedicating the park is a requirement of the PHDSP, these costs would not be offset by an ability to reabsorb the park area into the Project, but rather would be additive to the cost of providing a public park. The Applicant would be both paying to provide an on-site public park, and paying a full park fee, in addition to absorbing the loss of the development area taken up by the park. The Project site is also constrained by a turnaround for emergency vehicles, as follows:
Likewise, the Applicant has designed the Project to be as dense as possible given the high cost of construction, and cannot increase the height of the Project to offset any further costs because doing so would move the Project into a different and much costlier construction type. The Project cannot sustain these additional costs in addition to these considerations, and the mitigation measure is therefore both practically infeasible (for the off-site option) and economically infeasible (for the on-site option) as written, unless the City and the Applicant can work further together to maintain the Project’s park fee credit.
In addition to the infeasibility of the mitigation measure, we question whether it is appropriate to conclude that the Project will cause a cumulatively considerable impact, and to require the entire
0.14 acre that is shaded be replaced, with the requirement for no active uses to be present in the mitigation area.
Tiffany Vien - Associate Planner
May 26, 2024
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The biological resource technical report indicates that the cumulative impact rises “due to the link of impacts from past, current, and reasonably foreseeable future projects in the region.”8 However, it is not always appropriate to incorporate the impacts of past projects, which have already altered the environment, already been studied, and already had mitigation applied to them as appropriate.
The condition of Calabazas Creek may be more appropriately understood as an existing environmental condition, which is necessarily already taken account of in the PHDSP FEIR and the Project’s FIS/Addendum, therefore obviating the need for a separate analysis of the effects of past projects. City of Long Beach v. Los Angeles Unified Sch. Dist. (2009) 176 CA4th 889. The impacts of past projects should only be considered to the extent such information is relevant to an understanding of the impacts of the Project considered cumulatively with other pending and future projects, and the discussion “should be guided by the standards of practicality and reasonableness.” Environmental Protection Info Ctr. V. Dept. of Forestry & Fire Protection (2008) 44 C4th 459, 525.
Further, requiring the replacement of the entire 0.14 acre without allowing any active human uses in the area, does not take into account that the Project’s contribution to a regionally cumulative impact is incremental in nature, and that the riparian habitat’s existing condition is only moderate to begin with. Further, the FIS/Addendum concludes that the Project’s shading impact would be extremely limited, and there is still “ample” sunlight during the remainder of the day such that the vegetation will not be damaged and the habitat will maintain its usefulness. Rather than requiring that the entire 0.14 acre be replaced at a 1:1 ratio, the mitigation measure could:
• Require a reduced ratio; and/or
• Allow active uses in the on-site mitigation area, which could be found to “achieve no net loss of habitat functions and values”9 due to the extremely limited impact the Project is having individually and the incremental nature of the Project’s contribution to a regionally cumulative impact, and the already degraded quality of the habit that would be shaded.
For all of the above reasons, the Applicant hereby requests that the City revise Mitigation Measure Bio(C)-1.1 in consultation with the Applicant and the City’s environmental consultant, to ensure that the measure’s scope is appropriate and that the requirements are feasible. With regard to feasibility, the Applicant hereby requests that the City work with the Applicant to revise the proposed public park to meet the Project’s mitigation needs while maintaining park fee credit.
2. Requests for Minor Revisions
In Section 2.4, page 3: The word “eastern” should be replaced with “western.” 8 FIS/Addendum Appendix C, page 29.
9 FIS/Addendum Mitigation Monitoring and Reporting Program, page 3.
Tiffany Vien - Associate Planner
May 26, 2024
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In Section 2.7, page 3: Given that this section indicates it will include all approvals and the relevant “agreements,” we recommend adding the Vesting Tentative Map, the affordable housing regulatory agreement, and the park agreement
Figures 3.04 and 3.0-5: There are more current versions to replace these with, which the Applicant is enclosing if needed. Please check other figures as well.
Section 4.2.2.1, page 21: The technical report in Appendix A indicates that the analysis relies on the 2022 updates, not the May 2017 guidelines. Update as needed to make correct/consistent (and if 2017 guidelines were relied on, explain why 2022 updates were not more appropriate).
Section 4.4.2.2 significance threshold d, pages 61-62: This discussion indicates that the Applicant must contract with an archaeologist/Tamien Nation representative. However, it is not clear that this is required. Rather, FEIR Mitigation Measure 7-2 first requires contact with CHRIS. The Applicant would like to know whether the City’s consultant has contacted CHRIS to determine whether the site is in a sensitive area, which is the only circumstance that requires a subsequent contract with an archeologist/Tamien Nation representative. The discussion on page 61-62 should be clarified to indicate whether the CHRIS contact has occurred, and if not the MMRP should be made more clear about when this must be conducted.
Section 4.9.2.2 significance threshold c, page 126: This analysis indicates that no project would be “approved” until the City determines that sufficient sewer capacity exists. It appears that this should be clarified to indicate that such determination must be made prior to issuance of a building permit, not the land use entitlement, as is indicated earlier in this chapter.
References: Please add the arborist report to the references section.
Thank you for your attention to this matter.
Sincerely,
HOLLAND & KNIGHT LLP
Tamsen Plume
Genna Yarkin
Tiffany Vien - Associate Planner
May 26, 2024
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Zoning Map - 4590 Patrick Henry Drive
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
© City of Santa Clara
0.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION
NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 0.03 0.1 Miles
1:
Notes
2,000
Legend
PLN23-00290
Park
Site Addresses
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Place
Single
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Utility
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Land Parcels
Flood Control Easement
Right of Ways
Common Areas
Zoning Codes
<all other values>
Commercial Park
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Single Family - Larger Lot
Residential Duplex
Low-Density Multiple Dwelling
Moderate-Density Multiple Dwelling
Medium-Density Multiple Dwelling
High Density Residential
Historic Combining
Community Commercial
Downtown Commercial
Neighborhood Commercial
Commercial Park
Commercial Thoroughfare
Professional Office
General Office
Planned Industrial
Light Industrial
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Heavy Industrial
Planned Development
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Red: Band_1
Green: Band_2
Blue: Band_3
Attachment 2: Project Data/Compliance (Multi-Family)
Project Address: 4590 Patrick Henry Drive Project Number: PLN23-00290 Zoning: Urban Village
Standard Existing Proposed Requirement Complies?
(Y/N)
Lot Area (SF) (min): 121,532 97,574 10,000 Y
Lot Area per Dwelling Unit (SF): -- -- -- --
Building Square Footage (SF)
Main Building: 42,821 417,450 -- --
Basement: -- -- -- --
Accessory Building: -- -- 600 SF max --
Porches/Patios: -- -- -- --
Total: 42,821 417,450 -- --
Building Coverage (%)
Building Coverage (All): -- -- None --
Rear Yard Accessory
Building Coverage:
-- -- -- --
Main Building Setbacks (FT)
Front: -- 14 10 min Y
Side (left):
(right):
--
--
43 10
10 min
10 min
Y
Side, Corner: -- -- -- --
Rear: -- 10 10 min Y
Height (FT)
Main building: 24 85 160 max Y
Accessory building: -- -- -- --
Parking:
Is the site AB 2097 eligible?
Off-Street: 95 324 290 Y
Guest: -- 14 14 Y
Class 1 Bicycle: -- 284 95 Y
Class 2 Bicycle: -- 284 19 Y
Landscaping
Open Landscaped Area: -- 26,500 -- --
Landscape Buffer: -- -- -- --
Private recreation space: -- 13,300 N/A --
Common recreation space
(per unit):
-- -- N/A --
Conditions of Architectural Review Approval
PLN23-00290 / 4590 Patrick Henry Drive
Architectural Review for the demolition of the existing 42,821 square-foot industrial building and construction of an eight-story, 284-unit multifamily residential building within the Patrick Henry Drive Specific Plan Area.
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 October 24, 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.
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 2:1 (24-inch box trees) or 4:1 (15-gallon trees). (SCC 12.35.090) P3. Tree Replacement (Alternative Means). Trees permitted by the City for removal shall be replaced at a ratio of 1:1 (36-inch box tree or 48-inch box) or the Applicant shall pay the in-lieu fee (prior to building permit issuance) for the trees cannot be replaced on-site based on the 2:1 tree replacement ratio as determined by the Director of Community Development. (SCC 12.35.090(C)(8))
P4. 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
P5. 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.
P6. 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.
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.
P9. Transportation Demand Management (TDM) Program (Residential Project). The owner or designee shall implement the project TDM program that includes elements to reduce vehicle miles traveled (VMT) by 20 percent with 10% through active TDM measures per the City’s 2022 Climate Action Plan. A final TDM plan shall be submitted to the Director of Community Development or designee prior to Building Permit Final by the Planning Division. The property owner or designee shall monitor the project TDM program and submit an annual report to the Director of Community Development or designee.
Monitoring and reporting requirements may be revised in the future if the minimum reduction is not achieved through the measures and programs initially implemented.
MITIGATION MEASURES
P10. Mitigation Monitoring and Reporting Program. The Mitigation Monitoring and Reporting Program (MMRP), prepared for this project in compliance with the California Environmental Quality Act (CEQA), shall be incorporated by reference as conditions of approval. The applicant shall comply with all specified mitigation measures in the timelines outlined in the project’s MMRP.
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.scvurpppw2k.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/publicworks/environmental-programs/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
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.
COMMUNITY DEVELOPMENT - HOUSING DIVISION
H1. Patrick Henry Specific Plan (Residential Rental Project 10 or More Units. In accordance with the Santa Clara City Code chapter 17.40, this project is subject to the affordable housing requirements and impact fee for the proposed 284 units rental residential development.
The Applicant shall provide not less than fifteen percent (15%) of the units (42.6 units) to affordable households made available at affordable rental prices to households at fifty percent (50%) of Area Median Income (AMI), eighty percent (80%) of AMI and one hundred twenty percent (120%) of AMI. The 15% affordable units shall be split equally between the three affordability levels provided. This means 14.2 units shall be provided at each AMI (50%, 80% and 120%). For the fractional unit of .6, the project may pay an inlieu fee of $112,118.80 or provide a full unit at 50% AMI. Affordable units shall be reasonably dispersed throughout the project and shall on average contain the same number of bedrooms and shall be comparable to the design of the market-rate units in terms of appearance, material and finished quality of the market rate units in the project.
Affordable units shall have the same access to the project amenities and recreational facilities as market-rate units.
Prior to issuance of Building Permits, the Developer shall enter into an Affordable Housing Agreement (AHA) with the City that will determine the affordable rents and apply all terms and covenants guaranteeing the prescribed affordability, to the satisfaction of the Director of Community Development. Satisfaction of the affordable housing obligation shall be memorialized in the AHA and subject to City Council approval. There will be a fee for the AHA preparation in the amount of $5,868 that will be due prior to execution of the AHA.
Additionally, there is an annual monitoring fee per affordable unit in the amount $127.
Please note all fees are based on the current Municipal Fee Schedule in effect at the time the project is approved and must be paid prior to the issuance of the occupancy certificate for the project.
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.
F2. Fire Flow Requirement. Prior to Building Permit Issuance, provide documentation from the City of Santa Clara Water & Sewer Department that the minimum required fire-flow can be met. Fire Department fire-flow will be based on the current California Fire Code.
The most restrictive departments requirement shall apply.
F3. Fire Hydrants. Prior to Building Permit Issuance, building plans shall show the required number, location and distribution of fire hydrants for the buildings will be based on the current California Fire Code, Appendix C as amended. The required number of fire hydrants will be based on the fire-flow before the reduction for fire sprinklers. Both public and private fire hydrants may be required.
F4. Fire Department Access. Prior to Building Permit Issuance, a five-foot all-weather perimeter pathway around the entire perimeter of the buildings to facilitate firefighter access is required to be incorporated into the Building permit submittal.
F5. Fire Department Access. Prior to the issuance of the Building Permit, approval for fire department apparatus access roads is required. Roadways must be provided to comply with all the following requirements:
Fire apparatus access roadways shall be provided so that the exterior walls of the first story of the buildings are located not more than 150 feet from fire apparatus access as measured by an approved route around the exterior of each building. In addition, aerial apparatus roadways must be located so aerial apparatus will have clear access to the “entire” face/sides of the building. The minimum number of sides is projectspecific and depends on the building configuration, building design, occupancy, and construction type, etc. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment permit application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. Please note acceptable mitigation methods may have been discussed during the planning stage. Those mitigations are not guaranteed until a formal alternate means permit is submitted concurrently with the Building Plans. Conversely, an acceptable mitigation method may not have been discussed and will be evaluated under an alternate means permit at the building permit stage.
For underpasses, garages, gates, or anything similar that a Fire apparatus is required to drive under as part of the emergency vehicle access, 16 feet vertical clearance will be required. For all other areas, the “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches.
or
For all other areas, the “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches.
The “minimum” width of aerial roadways for aerial apparatus is 26 feet. The minimum inside turning radius shall be 30 feet.
The “minimum” width of roadways for aerial apparatus is 26 feet. Aerial access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building. This requirement is only applicable when Appendix D of the Fire Code is enforceable.
Overhead utility and power lines easements shall not be located over fire apparatus access roads or between the aerial fire apparatus roads and the buildings to avoid the possibility of injury and equipment damage from electrical hazards.
Fire apparatus access roadways shall be all-weather surface(s) designed to support a gross vehicle weight of 75,000-pounds.
Trees at full development must not exceed 30 feet in height and not impair aerials apparatus operations to sweep opposing sides of a building. Other obstructions such as site lighting, bio-retention, and architectural features are reviewed caseby-case to ensure they do not obstruct aerial and ground ladder access. Traffic control/calming devices are not permitted on any designated fire access roadway unless approved. A separate Fire Department permit is required for any barrier devices installed alone fire department apparatus access roads.
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.
F6. 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.
F7. Fire Department Access. Prior to the start of construction, roadways and water supplies for fire protection are required to be installed and made serviceable and maintained throughout the course of construction.
F8. 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.
F9. 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.
F10. 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.
F11. Fire Safety During Construction. Prior to Building Permit Issuance, a permit for Construction Safety & Demolition shall be submitted to the fire department for review and approval in compliance with our Construction Safety & Demolition standard.
DURING CONSTRUCTION – PRIOR TO OCCUPANCY
F12. Shared Fire Protection Features that Cross Property Lines. Prior to Building Permit Final, any EVAEs or fire protection equipment (including but not limited to fire service undergrounds, sprinkler piping, fire alarm equipment, fire pumps, ERRCS) that cross property lines or is not located on the parcel of the building it serves shall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE or fire protection equipment.
F13. 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.
Special Conditions for Patrick Henry Specific Plan
F14. Prior to issuance of the Certificate of Occupancy, the Developer shall deposit with the City $2,301,050 for the City’s purchase of a tractor-drawn aerial apparatus in accordance with the Patrick Henry Specific Plan Area Infrastructure Impact Fee Nexus Study and Fire Department requirements (Ordinance No.2046). The City shall then use these funds to procure and purchase the tractor-drawn aerial referenced above so that there is no delay in issuing a Certificate of Occupancy for the Developer’s Project. The Developer is not obligated to directly purchase, procure or acquire the apparatus or associated equipment. This condition will be satisfied once the Developer has paid the $2,301,050 to the City. The Developer shall be eligible to receive a Certificate of Occupancy or any other permit or approval conditioned upon payment. The amount of $2,301,050 is subject to the same annual escalator used for the Patrick Henry Drive Specific Plan Infrastructure Fee. Any reimbursement or credit sought will be communicated to and handled by DPW and follow city established practices and policies.
PARKS & RECREATION DEPARTMENT
PR1. Park Impact Fees. This memo assumes the Project is not a subdivision and the Mitigation Fee Act (MFA) provisions will apply. Although a Vesting Tentative Map was filed, it was filed to create a separate parcel for the proposed public park to be dedicated to the City. The project will generate an estimated 682 residents (2.4 persons/household x 284 units). Based on the MFA standard of 2.6 acres/1000 residents, the amount of public parkland required for this Project to mitigate the impact of the new resident demand is approximately 1.7722-acres. The equivalent fee due in lieu of parkland dedication prior to eligible credits would be $10,680,956.
PR2. Any in-lieu fees imposed under Chapter 17.35 shall be due and payable to the City prior to issuance of a building permit for each dwelling unit.
PR3. Calculations may change if the number of units change and/or if any areas do not conform to the Ordinance and City Code Chapter 17.35.
PR4. Developer to dedicate a public park in fee title to the City to help mitigate the impact of the new resident demand. The park parcel should be free of encumbrances. Per the Patrick Henry Drive Specific Plan (Specific Plan), the land value of the dedicated park may be reduced due to encumbrances and items required in City Code.
PR5. The City acknowledges that for this project, the requirement for 3 of the 8 elements has been met, and the City will agree to accept the turfed play field with an area totaling 6,957 sq. ft.
PR6. Building Permit - Payment of In-Lieu Fees. Developer proposes to dedicate a 0.559- acre (24,370sf) park with the following easements/encumbrances that restrict the uses of the park and affect the value of the land:
a. PG&E easement that is 15-feet wide and totals 2,361sf (0.0542-ac). b. Riparian Mitigation Measure that is approximately 67-feet wide by 91-feet wide on the west side because the developer and its consultant determined they were unable to locate any off-site options - 6,098sf area (0.1400-ac). c. A new joint trench line in the sidewalk.
d. A pad mounted transformer.
e. A switch vault - 144sf.
f. Set back requirements for the transformer and switch vault.
PR7. Due to the location of the residential building, the project requires mitigation. It is the City’s understanding that the developer has been unable to secure mitigation offsite and the City has agreed to accept the mitigation onsite. Given this concession, no additional credit will be provided. The City will accept the easements noted above in the park parcel to meet the requirement of the PHD Specific Plan. In exchange for accepting these restrictions, (1) both the area of the PG&E easement and the area of the riparian mitigation will be deducted from the acreage eligible for parkland credit and (2) the developer will maintain the park parcel for the life of the park at Developer’s sole cost (also outlined in the Specific Plan). Therefore, the area of the dedicated park parcel eligible for park credit is 15,911 sq. ft. (0.3653-acres).
PR8. Building Permit - Payment of In-Lieu Fees. The balance of the fees due in lieu of parkland dedication is $8,916,557.
PR9. The public park design must follow the public input/design review and approval process and meet the Department’s “Park Amenity & Design Standards” and the City standards.
Due to the nature of the changes to the park, the developer will be required to return to the Parks & Recreation Commission (PRC).
PR10. After Council’s review and approval of the park design, Developer shall arrange a premeeting with this department to review next steps and the schedule for design development (DD) and construction documents (CD) plan reviews. Park construction plans will then be submitted through Accela, the City’s Permitting Online Portal, before construction can begin.
PR11. Developer to enter into a Park Improvement Agreement with the City. An updated template will be provided by this Department. The Agreement will require City Council review and approval. Once Council approves the Agreement, it will be recorded with the County of Santa Clara before park construction can begin.
PR12. Developer to enter into a Park Maintenance Agreement with the City to maintain the park for the life of the park per the Specific Plan and in exchange for accepting all easements and riparian mitigation requirements within the park parcel. Should there be a Community Facility District formed for this Specific Plan area, the maintenance responsibilities can be revisited.
PR13. Building Permit - Dwelling Unit Tax. Dwelling Unit Tax. A dwelling unit tax (DUT) is also due based on the number of units and additional bedrooms per City Code Chapter
3.15. The Project mix includes 31 studio units, 160 one-bedroom units, and 93 twobedroom units, for a total DUT of $4,725.
PUBLIC WORKS DEPARTMENT - ENGINEERING
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. Site Clearance. Patrick Henry Drive Specific Plan Public Infrastructure Fee This Project is subject to the Patrick Henry Drive Specific Plan Public Infrastructure Fee (Infrastructure Fee) which shall be used to fund the construction of Patrick Henry Drive Specific Plan Public Infrastructure (PHD Public Infrastructure). The Infrastructure Fee is to be based on a per new residential unit and new office square footage basis, is subject to annual escalation per the Engineering News Record and is due prior to the issuance of Building Permits. If PHD Public Infrastructure is constructed, provided, or paid for by the developer, the City will credit the developer for those items when determining the final Infrastructure Fee due. PHD Public Infrastructure improvements are to be included within the Encroachment Permit issued for the Project.
If the amount of PHD Public Infrastructure is greater than the amount of Infrastructure Fee required for this project, the City and Developer will enter into an agreement for the City to reimburse the developer the difference in cost. This Agreement is subject to approval by the City Council and reimbursement to the developer is also subject to the availability of funds within the Patrick Henry Drive Infrastructure Fee Fund.
E3. Site Clearance. If the developer submits for a Building Permit that causes the total dwelling units to equal or exceed 1,886 dwelling units for the total Building Permit submittals of dwelling units within the entire Patrick Henry Drive Specific Plan area, the developer shall construct the sanitary sewer improvements to move the flow to Great America Parkway via Patrick Henry Drive (including the Great America Parkway upsizing and lowering). The sanitary sewer improvements shall be completed and placed into service prior to developer submitting any request for occupancy.
E4. Easement. Obtain City 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.
E5. 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. Subdivision map shall be recorded prior to building permit issuance.
E6. Design. Developer shall provide the overall design (construction ready drawings) and phasing recommendations of the Patrick Henry Drive Specific Plan area sanitary sewer infrastructure system (including the Great America Parkway upsizing and lowering) improvements prior to building permit issuance. Design and phasing recommendations shall include, but not be limited to, the following:
Intermediate design submissions at 60%, 90%, and 100% for City review and comment.
Phasing plan for the build out of the work (include sanitary sewer lateral reconnection for proposed and existing properties).
Sewer design may result in additional utility relocation and shall be considered during design.
Layout of all utilities within the PHDSP area will be necessary.
Sanitary sewer design work is eligible for reimbursement up to 15% of the construction value via the Patrick Henry Drive Specific Plan Infrastructure Fee. Developer to meet with the Public Works Department to discuss necessary construction of project specific extents for the sanitary sewer system.
DURING CONSTRUCTION
E7. 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.
E8. 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.
E9. 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.
E10. 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.
E11. Encroachment Permit. Developer to meet with the Public Works Department to discuss necessary design and construction of project specific extents for the sanitary sewer system subject to reimbursement via the Patrick Henry Drive Specific Plan Public Infrastructure Fee.
E12. Encroachment Permit. Developer shall provide a complete storm drain study for the 10- year and 100-year storm events. The grading plans shall include the overland release for the 100-year storm event and any localized flooding areas. System improvements, if needed, will be at developer’s expense.
E13. Encroachment Permit. All storm drain mains and laterals, sanitary sewer mains and laterals shall be outside the drip line of mature trees or 10’ clear of the tree trunk whichever is greater.
E14. Encroachment Permit. Provide root barriers when the drip line of the mature trees covers the sidewalk. Root barriers for sidewalk protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 1.5' deep, and centered on trees. Root barriers for curb and gutter protection shall be 16' long or extend to drip line of the mature tree, whichever is greater, and be 2’ deep, and centered on trees.
E15. Easement. Dedicate required on-site easements for any new public utilities, and/or emergency vehicle access by means of subdivision map or approved instrument at time of development.
E16. Easement. Dedicate sidewalk easements along the project frontage where public sidewalks extend into private property. Sidewalk easements are to be 1’ behind proposed back of walk where there is landscaping behind sidewalk. Sidewalk easement where hardscape is behind sidewalk is to be at back-of-walk. Cold joint is required between public sidewalk and private hardscape.
E17. Agreement. If requested, Developer/property owner shall prepare and submit for City approval a maintenance plan for all sidewalk, curb and gutter, landscaping and irrigation system improvements installed within the public right-of-way prior to encroachment permit issuance. Such plan shall include at a minimum, maintenance requirements for trees and shrubs, in acknowledgement of developer’s/property owner’s obligation under Chapter
12.30 and 17.15.
E18. Agreement. If requested, Developer/property owner shall prepare and submit for City approval a maintenance plan for all public storm water treatment facilities installed within the public right-of-way or public easements prior to encroachment permit issuance.
E19. Encroachment Permit. The half street of Patrick Henry Drive along the project frontage shall be treated with 3” grind and overlay with digouts.
TRAFFIC
DESIGN—PRIOR TO BUILDING PERMIT ISSUANCE
TR1. Design. A transportation impact analysis is not required as the project is covered under the Patrick Henry Specific Plan TIA.
TR2. Design. A VMT analysis is not required as the project is covered under the VMT analysis conducted for the Patrick Henry Specific Plan.
DURING CONSTRUCTION
TR3. Encroachment Permit. Traffic improvements must comply with the City of Santa Clara Standard Specifications for Public Works Construction.
TR1. Encroachment Permit. Project shall comply with all requirements set forth in the Patrick Henry Drive Specific Plan including sidewalk width and bicycle requirements. Frontage along Patrick Henry Drive must include a 20’ continuous pedestrian zone with minimum 7’ walkway and 5’ amenity zone.
TR2. Encroachment Permit. This project triggers improvements at select intersections based on findings per the Patrick Henry Drive Specific Plan TIA. Applicant shall coordinate with the 3000 Patrick Henry Drive applicant for designing and constructing intersection modifications to add a second northbound left-turn lane at the Great America Parkway and Patrick Henry Drive intersection. This improvement also requires re-striping the westbound direction of Patrick Henry Drive between Old Ironsides Drive and Great America Parkway. This improvement is listed as one of the improvements contained within the Patrick Henry Specific Plan Infrastructure Fee that is 100% to be funded by the Specific Plan. This improvement cost shall be applied as a credit towards the PHDSP Infrastructure fees owed by Developer or reimbursed to Developer from Infrastructure proceeds if cost exceeds the Infrastructure fee owed by Developer. The above traffic mitigation improvements shall be completed and placed into service prior to issuance of a certificate of occupancy.
TR3. Encroachment Permit. Improvements within 10 feet of a driveway must be less than 3 feet or greater than 10 feet per City Standard Detail TR-9.
TR4. Encroachment Permit. All proposed driveways shall be constructed per City Standard ST- 8.
TR5. Encroachment Permit. Unused driveways in the public right-of-way shall be replaced with City standard curb, gutter, and sidewalk per City Standard Detail ST-12.
TR6. Encroachment Permit. Upon repaving of Patrick Henry Drive, install two 18-foot travel lanes with 12-foot center turn lane. Remove and transition existing striping outside the paving area to new striping as specified by the Traffic Engineer. Future 8-foot Class IV bike lane, which includes a 3-foot wide buffer zone with bollards, shall be installed with future developments.
TR7. Encroachment Permit. Relocate existing bus stop to south of the proposed signalized intersection of Patrick Henry Drive/New East-West Roadway as shown in the Patrick Henry Drive Specific Plan Figure 4.6.2.1B. Coordinate with VTA, [email protected] for relevant standards and improvements required at the new stop. Copy City Planner in email and submit brief description of project and construction plans.
TR8. Encroachment Permit. Project shall implement any improvements identified by VTA at existing bus stops fronting the project site.
TR9. Building Permit. The location and quantity of Class I and Class II bicycle parking shall be placed in accordance with recommendations set forth in the Patrick Henry Drive Specific Plan Section 4.6.3.4 and Section 5.2.4.5.
TR10. Building Permit. Provide trash pick-up on-site.
TR11. Building Permit. Provide loading/unloading zone on-site.
STREETS DIVISION
Right of Way Landscape
DESIGN/PERFORMANCE PRIOR TO ISSUANCE OF BUILDING PERMIT L1. Tree Preservations Specifications. Include City of Santa Clara Tree Preservation/City Arborist specifications on all improvement plans.
L2. Mature Trees. Identify existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.
L3. Tree Replacement. 2:1 tree replacement ratio required for all trees removed from the right-of-way.
DURING CONSTRUCTION OR OPERATION
L4. No Public Root Cutting. No cutting of any part of public, including roots, shall be done without securing prior approval of the City Arborist. Tree trimming/removal shall be done in accordance to the City of Santa Clara Tree Preservation/City Arborist specifications and with direct supervision of a certified arborist (Certification of International Society of Arboriculture).
PRIOR TO FINAL OF BUILDING PERMIT
L5. In Lieu Fee. If 2:1 replacement ratio cannot be met for removal of right of way landscape trees, tree planting fee must be paid prior to building permit final. This fee can be combined with Community Development Tree Removal Replacement -offsite fee with Department coordination.
Solid Waste
DESIGN/PERFORMANCE PRIOR TO ISSUANCE OF BUILDING PERMIT SW1. Post-Construction Solid Waste Generation Estimation and Collection Form. The applicant shall complete and provide the Post-Construction Solid Waste Generation Estimation and Collection Form, which includes the estimation of trash and recycling materials generated from the project. Use the City’s Solid Waste Guidelines for New and Redevelopment Projects as specified by the development type. Contact the Public Works Department at [email protected] or (408) 615-3080 for more information.
SW2. Site Plan. The applicant shall provide a site plan showing all proposed locations of solid waste containers, chutes, compactors, trash enclosures and trash staging areas. The site plan shall show the route or access for trash and recycling collectors (trucks) including vertical clearance, turning radius and street/alley widths. All plans shall comply with the City’s Solid Waste Guidelines. Solid metal roof, gates and a trench drain shall be installed within the trash enclosure and connected to the on-site sewer system.
SW3. 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/.
SW4. 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.
SW5. Exclusive Franchise Hauling Area. This property falls within the City’s exclusive franchise hauling area. The applicant is required to use the City’s exclusive franchise hauler and rate structure for any hired debris boxes. Prior to the issuance of a Public Works clearance, the project applicant shall complete and sign the Construction and Demolition (C&D) / Waste Management Rules and Regulations Form.
DURING CONSTRUCTION OR OPERATION
SW6. Waste Generation Tracking. Applicant to track all waste generated and upload debris tags to GreenHalo for City staff review.
PRIOR TO FINAL OF BUILDING PERMIT
SW7. 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.
Stormwater
DESIGN/PERFORMANCE PRIOR TO ISSUANCE OF BUILDING PERMIT ST1. Final Stormwater Management Plan. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, the Special Project Narratives and Worksheet (as appropriate), and an Erosion and Sediment Control Plan.
ST2. 3
rd Party Review of Final Stormwater Management Plan. The Final Stormwater Management Plan and all associated calculations shall be reviewed and certified by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party review letter (on design) shall be submitted with the Plan.
ST3. Notice of Intent. For project that disturbs a land area of one acre or more, the applicant shall provide a copy of the Notice of Intent (NOI) with WDID number for coverage under the State Construction General Permit. Active projects with NOI will be inspected by the City once per month during the wet season (October – April).
ST4. Best Management Practices. The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans. Include the SCVURPPP Countywide Construction BMPs Plan Sheet with the plans. Applicant to add Source control measures with designations from C.3 stormwater handbook, Appendix H.
ST5. C.3 Treatment Facilities Construction Notes. Include the C.3 Treatment Facilities Construction Notes on the Improvement Plans and/or Stormwater Control Plans.
ST6. Decorative & Recreational Water Features. Decorative and recreational water features such as fountains, pools, and ponds shall be designed and constructed to drain to the sanitary sewer system only.
ST7. Interior Floor Drains. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.
ST8. Trash Enclosure Floor Drains. Floor drains within trash enclosures shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.
ST9. Architectural Copper. The use of architectural copper is prohibited.
DURING CONSTRUCTION OR OPERATION
ST10. Biotreatment Soil Media. Applicant shall install biotreatment soil media that meets the minimum specifications as set forth in the SCVURPPP C.3 Stormwater Handbook. If percolation rate test of the biotreatment soil mix is not performed on-site, a certification letter from the supplier verifying that the soil meets the specified mix (the date of such document shall not be older than 3 months).
ST11. Stormwater Control Measure Inspection. At critical construction phases, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants.
ST12. Inspections. Permeable Pavement, Media Filter vaults, and Trash Full Capture Devices shall be inspected by a 3rd party reviewer and/or manufacturer representative for conformance with the details and specifications of the approved plans. All new pervious concrete and porous asphalt pavements should have a minimum surface infiltration rate of 100 in./hr. as described in the SCVURPPP C.3 Handbook. A map displaying the number, location and details of full trash capture devices shall be prepared as an attachment to the Operations and Maintenance (O&M) Agreement with the City.
ST13. Stormwater Treatment Facilities. Stormwater treatment facilities must be designed, installed, and maintained to achieve the site design measures throughout their life in accordance to the SCVRUPPP C.3 Stormwater Handbook (Chapter 6 and Appendix C).
ST14. Amendments to Operation & Maintenance Agreement. Any site design measures used to reduce the size of stormwater treatment measures shall not be installed for the project without the written approval from the City, installing the corresponding resizing of other stormwater treatment measures and an amendment of the property’s O&M Agreement.
ST15. Stormwater Pollution Prevention Messaging. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.
ST16. Outdoor Storage Areas. All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for runoff to contact pollutants.
PRIOR TO FINAL OF BUILDING PERMIT
ST17. As-Built Drawings. As-Built drawing shall be submitted to the Public Works Department.
ST18. 3
rd Party Concurrence Letter. 3rd Party concurrence letter on the C.3 facilities construction shall be submitted to the Public Works Department. The letter shall be prepared by a 3rd party consultant from the SCVURPPP List of Qualified Consultants. The City reserves the right to review the 3rd party inspection report on the C.3 stormwater facility installation.
ST19. Final C.3 Inspection. Applicant shall schedule and City shall conduct a final C.3 inspection.
ST20. Operation & Maintenance Agreement. The property owner shall enter into an Operation and Maintenance (O&M) Agreement with the City for all installed stormwater treatment measures and full trash capture devices in perpetuity. Applicants should contact Public Works Dept. - Environmental Services at (408) 615-3080 or [email protected] for assistance completing the Agreement. For more information and to download the most recent version of the O&M Agreement, visit the City’s stormwater resources website at http://santaclaraca.gov/stormwater. Inspection of permeable pavement, media filter vaults and full trash capture devices is to be done annually by December 31 of each year.
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.
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 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 single-family 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).
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 “Open-Transition-Mode”, unless specifically authorized by SVP Electric Engineering Division. A Generating Facility Interconnection Application must be submitted with building permit plans. Review process may take several months depending on size and type of generator. No interconnection of a generation facility with SVP is allowed without written authorization from SVP Electric Engineering Division.
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.
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. Recycled Water Use. Pursuant to Chapter 13.15, Water, Article IV. Regulation of Recycled Water Service and Use, of the Municipal Code, the project is required to use recycled water for all non-potable uses where recycled water is made available and where provided for by Recycled Water regulations. This project is required to extend and connect to the City’s existing Recycled Water System.
W2. Recycled Water Design. Each Recycled Water land use (irrigation, dualplumbing, cooling system, industrial processes, etc.) shall have a separate metered service connection to the main. Applicant shall verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.
W3. Potable Water Main. The applicant shall replace the existing 12" AC water main on Patrick Henry Drive with a new 12" DIP pipe water main. The water main replacement shall begin and end at a valve connection and shall extend, at a minimum, the entire length of the property's frontage.
W4. Recycled Water Main. The applicant shall replace the existing recycled water main on Patrick Henry Drive with a 12” DIP water main. The water main replacement shall begin and end at a valve connection and shall extend, at a minimum, the entire length of the property's frontage.
W5. Sanitary Sewer Main. The applicant shall coordinate the onsite and offsite sewer improvements with the PHD Specific Plan sewer study and submit a design for the City’s review. This will require the following:
a. Design of PHD Sewer: The applicant will be required to design the proposed sanitary sewer for the Patrick Henry Drive Specific Plan if the design has not been commissioned at the time of permit submittal. b. Construction of Frontage Improvements: The applicant will install the portion of the proposed sewer main along the frontage property. c. Design of Sewer Lateral: Although, the new sewer lateral for the site shall connect to the existing system until all of the PHD sewer improvements have been installed, the new sewer lateral shall be designed at an elevation that will allow it to connect to the future PHD Sewer main.
W6. 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.
W7. 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.
W8. 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.
W9. 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-ofway to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.
W10. 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.
W11. 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.
W12. 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.
W13. 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).
W14. 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 waterusing plants. High water-using plants and nonfunctional turf are prohibited.
W15. 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.
W16. 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-ofway 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.
W17. 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
W18. 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 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.
W19. Construction Water. This project shall use recycled water for all construction water needs for onsite and offsite construction.
W20. Water Shortage Response Actions. Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.
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
W21. 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.
W22. Conditional Releases. The applicant shall comply with all the requirements of any building permit conditional release requirements.
OPERATIONAL CONDITIONS
W23. 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. The applicant 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
SVP = Silicon Valley Power
W = Water & Sewer Department
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.
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BKF ENGINEERS
1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
N.T.S.
PAEUIIIIARYSll[ Pl.Ml PFIEUIIIIARYCRAOIHCPUN PAEUIIIIARYUffLITTPL'Jt PAEUIIIIARYSTORIIWl<TDIMAIIAGOIOtTPLVI PAEUIIIIARYSTORIIWl<TDIMAIIAGOIOtTOETAILS 8[STMAllo\GEKNI PRACTICES
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PRELMIARY
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P.E.N0.78090 IKONTOROYSKYCIBl<J.CCM DATE:WAR0-105.2024
([) BKF Engineers
ENGll'EER OF WORK SURVEYOR'S STATEMENT
I HEREBY OECl..ARC THAT I AM THE CIVIL ENQNEER CF WORK FOR THIS PROJECT AND THAT I HA\'£ THIS TENTATl\o£ MAP HAS BEEN PREPARED BY ME OR EXERCISED RESPONSIBLE 0-IARGE O\o£R lHE DESIGN Of THIS PRO.ECT AS DEFINED IN SECTION 670J UNDER MY DIRECTION, AT THE REQUEST Of 459D PATRIO< OFlHESTATEOFCAUFORNIA,BUSINESS PROFESSIONALCOOES,ANOTHATTHEDESIGN IS H~YLLCON03/05/2024 CONSISTENT'MTHCURRENTSTANOAROS.
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4.~lHEBEARINGOf'NORTH00"00'.)4"\IIESTTAKENCINTHECENTERLINEOf'PATRla<HENRYORl\'EASSHOWNON ~~?..l.:tT~CEI.ASM~E'ffi:s'~~~~~tllaJ:~ IN BOO< 388 Of' MAPS AT PACES 4 a, 5. SANTA Ct.ARA
5. PHY9CAl. 11EMSSHO'IIMONfHISStMVEYARE LilolTEOTOTHOSE l1EMSVl9BL.EASOf'THEOA1EOF'THISSUR\'EY.SUBSURrACE STRUCTURCS, IF Nfr, AA£. NOT SHO'M<I. SAID SUBSURFACE 08..ECTS MAY INCUJ[)(, BUT ARE NOT LIMlltO TO. CONCRETE FOUNOA'IIONS, ~~~N:=~~'";.~~.UTUTY YAU..TS. PIPING, UNllERGROUNO TANKS. ANO ANY OTHER SUBSURFACE STRUCT\.AES NOT
6. ALLDISTANCESANOOIWENSIONSARESHQ'M,IINFEETANOOECIWALSTHEREOf.
7. OA1ESOf'FIELOSlJR\'EY:JAHUARY2021
8. THE BENOMARK USED FOR THIS SlJR'-£Y IS A SANTA a.ARA DIS'IRICT BENCHMARK, 11N 0-5. DESCRIIED AS A it" BR~ g:,sa<p~~~~~ PKWY a, PATRla< HENRY OR, QilSEl.ED SQUARE CIN NOSE Of' 1st.ANO ON GREAT AlilERICA PKWY, SOUTH SIDE EI..EV•18.82FEET(NAW880AM,,j)
REAL PROPERTY IN THE aTY Of' SANTA a.ARA. COUNTY OF' SANTA CLARA, STA1E or CALIFORNIA, DESCRIBED AS FOLLOWS, II. ALLOF'PARCEI.Ul,ASSHO'IINUPONTHATCERT#JN WAPENTITLEO,"PARCELMAPBEING A RESIJBOIVISIONOFPARCEI.S 1,l.4,5a,ll ANO AREAS A, B, I: 0, AS SHOlllN ON PARCEL YAP 3.5lllil RECORDED IN BOOK 368 Of' WAPS, AT PAGES J6 ANO 37 SANTA CLARA OOUNTY RECORDS", 'tllHICH MAP WAS FILED FOR RECORD IN 1HE OFF'ICE Of' THERECOROER Of' THE OCUITY OF' SANTA Ct.ARA, STA1E Of' CALIFORNIA, CIN DECEMBER 21l, 11l7! IN BOOK 388 OF' MAPS, AT PAGES 4 a, 5. """"""'--'
12.THISPI..ANISNOTIN1ENDEDASACOMPL£lECATALOGOf'ALLEXISTINGS1ROCTURESANOUT1UT1ES.THISPI..ANIN1ENDSTOlllsa.oSE GENERAL INrtlRMAllON KNOWN BY lHE ENGINEER ANO TO SHOW THE Llr,UTS Of' THE AREA WHERE l'IORk 'Ml.I. BE PERFORMED.
13. IT IS THE INlEN'IION OF' Of' THESE Pl.ANS TO REIIO'o'C OR ABANDON ALL EXISTING UTUTIES ANO IWPRO\OIENTS TO ALLOW CONSTRUC'IIONOF'THEPROPOSCDIMPR0',£1,tEN'fS.'MIEntERNllCATEOONTHESEPLANSORNOT.
14. ALL UNDERGROUND UTIUTIES LINES ANO APPURlENANCES SERVING THE ElOS11NG BULOINGS ARE TO BEREIIO'vm OR ABANDONED IN ACCOROANCE'MTHTHECITYOF'SANTACt.ARASTANOAROSANO/ORTHEGEOTECHNICALREPORT,UNL.£SSOTHERlillSENOTEO.
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2. FOR SANITARY SE'IIIER. WAlER, ANO RECYCLED WAlER Ull.lTIES. A MINUJU OF 10' fROII OCISTtlG ANO PROPOSED TREES IS REOUIREO. IF TREE ROOT BARRIERS ARE t/STALL£D, a.EA.RANCE FROM TREES REDUCES TO S' l. FORD..ECTRICALEQt#'MENT:
a.TEN(IO)FOOTMINIMUMa..EARANCEISREOUllEOINFRONTOFECIUFMENTACCESSDOORS.(UG1000Sl£ET11) b, Fl',£ (5) FOOT MINIMUM a..EARANCE FROM PM> IS REOUIREO ON SIDES 'IIITHOUT EQUIPMENT ACCESS DOORS. (IJG1000 SHEET 11) c. EIGH'IEEN (16) FOOT MINIMUM '1110TH, SHAU. BE PROW)[[) ANO MAINTAfE> ON ONE SIOE OF THE EOUFMENT PM> TO ALLOW AN D..ECTRIC DEPT. L.M: 1RUCI< TO ORNE UP NEXT TO THE PAO FOR lfSTAU.ATION ANO M~NTENANCE OF EQUIPMENT. (UG1000 SHEET 11),
d.eARR1ERPIPESARERECUIREOONLYONSIOESACCES$1eLETO',Q11Q,£S.(UG1000$HEET12) . ._THIRTY{lO)INCHESFROMSIOEOFEOUIPMENTSIDES..
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d. THREE (l) FOOT MINIMUM a..EARANCE. IS REQUIRED BETIIIE[N SIGN POSTS, BARRIER PIPD OR BOU.ARDS, F'ENCE POSTS. ANO OTHER S1riHI..ARS1RUCTURES.(UG12SOSHEET10).
e. Fl'<£ (5) FOOT MINIMUM FROM NEW SPI.JCE IIO)l;ES.. PUU. 90;,cES, MANHOLES, VAil.TS, OR SIMILAR SUBSURFACE FACl.lTIES. (UG1000 Sl£ET8)
f. FIVE (:I) FOOT MINIMUM a.EA.RANCE FROM WAU.S, FOOTINGS, RETMNING WM.I., LANDSCAPE PLANlER, TREE ROOT eARRIER OR OTHER SleSURf'ACE WALLOR STRucnJRE. {UG1250 SHEET9), 9· ~VE El~J~Jl:M~~ 1':::~:~~~ '!~=~1:1t~Uc~·10 H1:"~T.BI.OC1C EXTENDS s· FOOT :I. FORELECTRICALVAULTS/MAHHOLES:
a.TEN(10)fOOT MINIMUMCL£ARANCEISREOUllEOBET'/£ENM>JACENTVAULTSORMANHOLES. b.FIVE(S)FOOTMINIMUMa..EARANCEISREQUIREOBE~AllJACENTCONDUITS. c.Mt/lMUMJe• FROMfACEOFCURB,OR8UJ..AROS REOUIREO. ;..E =~OI:,.~~ WAlER M~N: ALL ElCISTING LAlERAJ.. CONNECTIONS OESIGNATU> TO REM~N SHALL BE RECONNECTED TO
7. ALLON-Sil[ STORMORMNH.ETSSHAl..l.HA',,£ TRASH CAP1UREOE\1CESINSTALL£D.
8. ALL NEW SS LAlERAJ..S 'IIILL BC DESIGNED TO ACCOMMOOAlC THE FUTURE SS WAIN IMPROVEMENTS AS SHO'tllN IN THE WOODARD ANO CURRANPIIJSPSE'flERSTUOY.
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PATRICK HENRY DRIVE
4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 03.05.2024 BKF JOB NO. 20200736 BARarchitects COPYRIGHT€)rBARorehlt.eta
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PARCEL 15
APN: 104-04-124
(386 4-5)
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I I LEGEND
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ISTORMWATER MANAGEMENT NOTES
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1. ~ci~ ALL STORMWATER TREATMENT CONTROL MEASURE CALCUI.ATIONS TABLES. STORMWA'IER DETAILS, ANO
2. ALLON-SITES'IORUORAININl£TSSHAU.BEMARkEO"NOOUMPING-FLOWSTOBAY".
3. STORM DRAIN H.ETS SHM..L INCLUDE Af>PR()',£1) TRASH C\PlURC 0E°'ICES.
GRAPHIC SCALE
20 i---.--0 20 I 40
MANAGEMENli
PATRICK HENRY DRIVE
4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 03.05.2024 BKF JOB NO. 20200736 BARarchitects COPYRIGHT€)2022BAR,:,rehlteeta
TREATMENT CONTROL SUMMARY TABLE
,,,,~ """""' '""""'"' EFFECTNE .,.., 1REATMENT 1REATMENT ""'""" """"'" --• '""""""' REQUIRED ~"""" ""''"' ""''"' AREA(Sf") AREA(SF)' ,,_ '"' ""' ., ... ,,, '"" .,,. 7,429 ,.,., .,. .. ,._, '"' .. ($"~DING) ""'-''"
.,,, 2,997 ""
.,. .. '·"' 1,614 .... ... , Fl.OW. """""
24,93B '·"' 19,841 19,J24
1,162
"" 2,914 ""
.... J.424 FLOWTHROUGH ''-""''
21,419 "'-'" 20.~1 FLOWTHROUGH ''-"""'
"'" ""' ,, .. ,,. ., .. ., ..
'·"' '·"' ·"' .,. .. l'LOW lHROUGH a.ow• "'""' """""
'·"" 6,792 ...., .,. .. FLOWlHROUGH a.ow• '"""' """""
•-= 4,07J '·"" FLOWlHROUGH '"""'
19,$33 1,9$3 11.m 11,n, Fl.OW .,. STORMORAIN SOMr-1 0,11 WEOIAF1LTER4 ,.n, ,,.264 .... '·"' 4,993 ,,.264
.... . ... ., .. ,, .. ,,. •-= ,,. ., .. 1REATMEMT3
MEDIA FILTER SUMMARY TABLE
TREATMENT .,.., """"' OESIGHINTENSITY ORAIHAOE DESIGN l'LOWO OMA-I COEFF1aENT ""' WrfHOOI (C) l(IH/liR) AREA(AC) '"'' Fl.OW G.90 .,, Fl.OW'' .,.
"""'
1. EF'F'ECTl'o'E IMPERVIOUS AREA IS THE SUW OF Al.I. IWPERVIOUS AREA PUJS 10!!: OF M PEJMOUS AREA. : :::l[m:= :T:= :s;A::..P«L=7== =;.:s;::P) CAT018ASININ THISDIIA,STORMWA1ERTREATMENTOFlHISOf'FSl1EDMAISNOTFEASIBLE.DMA-12'MU.TREATAN ~~iJ6gl :E2f =:R~~~fJi.lf«).£.CT'S FRONTAGE IN-UEU OF THIS J.986 Sf" OF AREA THAT IS
4. PEFIWRPPROV.SIONC.J.-.DWAl2'MU.TREAT9,SOOSF"OFOFF'Sl1EAREANOTALONGTHEPROJECTFRONTAGEIN-LEUOF' THEJ.986Sf"INDMA14lHATISINrEASIBL£ TOTREAT. '- ::, ~fs,:, g:Al~~A-4 DOES NOT INO..UOE THE POOL/SPA AREA AS THOSE AMEN1n£S ORAtl TO THE SANITARY SEWER
6. THE TOTAL AREA Of DMA-5 DOCS NOT INruJOE THE 1n Sf' (TOTAL) OF now-THROUGH PI..ANTERS THAT ARE I.OCAlEO ON OFeg~A~i".!.:1~~ = dJ. Sf OF FLOW-TI«OOGH PI..ANlER I.OCAlEO ON n-1: POOIUM lE',,n THAT Of DMA-10 Al.SO INruJDES lHE 259 SF' OF now-THROUGH PI..ANlER I.OCAlEO ON THE POOIUW 1.£\n THAT Of DWA-11 Al.SO NCUJ0ES lHE 2S9 Sf Of FLOW-lHROUGH PLANTER LOCATED ON M POOIJU L£'o'El... THAT it=M~iA ~=--=~~A~~1=CTCAR~~u.~u~~~~°,.'f D.n as)
a..E-a/YAO.IUMINGFORDCIIRIS.INQ.lJDINOREOUL.ARWAIN'IENANCESOIEDUUNGCNJIIINQMRAtlYSEASON.
12. OE\£1..0PER SHAil. INSTAil. NtY APPROPRIA'IE STORMWATER POL.LUTION PREVENTION MESSAGE SUCH AS "NO DUMPING - FLOWS TOBAY°ONNtYSTORMDRAINSLOCAlEOONPRIVAlEPROPERTY.
Sf'FJMI PBOrfGJ HCIH!O IBEeJMENI BfP'IGDON GBfDIJS
CA'IEOORYC: TRANSIT--ORIEHTEOOE',£1.0PMEHT
I , LOCATIONCREOIT: 100SOFSl1EISLOCATEO'MlHIHAPOA
i ::i:1~1AR:koi;: l~O:w~ ~l~~:ARKING
lOTM.WAX.NON-UOCACOIT:
TOTM. ONSl'IE EF'F'ECTI'o'E I.FER'.'IOUS AREA
MIN. J,SREQUIREO 8YUO 1REATMENT: ~= ~fill: ~&,_~~A~~r::AREA:
AREA8REAl<OO'MfEXCUJOESNtYOFF'SllETREATMENT
SPCQIJPBQ,fCJNOtHIOIBf.&IMEHICBEDIINQJES:
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2. PROPOSEOPR0.ECTOENSITYIS127DU/ACPERSl1EOATARECEl-.£0BYBAR.
J. lESSTHAN10ll:ClfTHEPROPOSEOPARKINGISAT-ORAOESIJFIFAC:£PARKNG.
4. WEDIAflLTERSIZING ANDSPEQflCATIONSISSIJBJECTTOFINALARCHllECTURALBUIL.OING IXSIGN. WECNA Fll.lERS 'MU. BE WASHNGTON G.U.L.O. AND T.A.P.t. CERTIFO UNITS .
SQIJN PltJBQ Mf!S!JBES
1. TRASHEHClOSURES'IIIJ.BEROOFmANDINTERNAI.TOTHEBUILDING.
2. INTERNAI.GARAGEORAtlSTOBEPWWBEDTOSE'IIERU.lERAI..S.
J. "NODUWPING-F1.0WST08AY°MARKINGTOBEPROV.OEDONAIJ.STORWDRAININL£TS.
4. RE(;l.11.AR INSPECTION OF STORM ORAN F'ACIUTIES.
CITY OF SANTA CLARA
C.3 lREATMENT FACILITIES CONSlRUCllON NOTES
URBAN l!IJNCFF POLWTION PRE'o£NTION PROGRAM (SCWRPPP) WEBSl'IE AT WWf/,SC'MIPPP-W21<.COM/CONSIJLTNIITS..J,JSTS.SHTML
2. SOILS IN THE BIORElENTION F'ACIUTES SHOULD MEET THE Bl01REATMENT SOL WIX (BSM) SPEQFICATICINS PER SCWRPPP C.J SlORMWATER HANDeODK. APPENDIX C. A MINUJW PEFICQLOATION l!EA'IE OF 5 INCHES/HOUR AND A MAlOWUW PERCOl.ATION RA'IE Of 10 IN0£S/li0UR ARE REQUIRED (INITIAL INFL'IRATION RAlE MAY EXCEED THIS TO AU.OW FOR TDIDENCYOF N1L1RA1ION RA'IE TO REDUCE O',£R TIWE). PLANTING SOIL U.'TER SHOUlD BE AT LEAST 161NCHES0£EP.cc»ITRACfCIRTOSIJBMITMA'IERIALCERTIF1CATESSIQ<IEDBYTHEWA1ERIALPROOOCER,CERTIF'YING THAT SOl. COMPLIES '111TH, OR EXCEEDS, SPEOflEO REQUIREMENTS 'IIITHN 6 WONTHS.
J.PERWEABL£DRAINROCKSHAIJ.BEQ.ASS2PERMROCKPERCAI.TRANSSTANDAROSECTION68-1,025.M MATERIAL SHAil. BE WASHED AND FREE fROW Q.AY OR ORGANIC MAlERlAI...
4.PEFlrORAlEOPIPE:SHAIJ.BESOLVENTWELDPVCSDR3'(0RAPPRO-.mEOUAL)"MTHPEAf'ORATIONF'ACEDD0¥1N.
I.OCATIONOF'THEP1PEVARIES,SEEPI..AN.
'- INSTM.LATIONOFPOROUSPAYEWENTAND/ORVAULTSSHAIJ.BEDONEPERSTANDAROOETAl.SNtD SPtaflCAllONS. lHIRO-PARTY ROIEI/ER OR VENDOR SHAil. INSPECT THE POROUS PA','[l,IENT AND/OR VAIJI..TS ~~Jgi&:,~~.fXSSARY, PERF'ORMING PERCOl.ATION TEST) NIID SUBMIT THEIR CONCURRENCE LETTER
6. INSTM.LATION OF INTERCEPTOR TREES AS A TREATMENT CONTROL WEASURE SH...U. BE INSPECTED TO 'o'ERIFY THE ACCURACY OF LOCATION, SPEaES AND NUWBER Of THE INlERCEPTOR TREES.
7. ~f~~~NTER~ETRATIONS, RADIAi. CUT lHE LINER FOR PF'£. WASTIC AND SEAL '111TH PIPE a.AMP TO INSURE 6. SEE LANOSC>PE PVHS NtO SPEQFICATIONS rOR PLANTING MATERIALS 'MTHIN BIORETDITION rACIUTIES. """'
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1. FOR TREATMENT SOIL SPECIACATIOH, SEE APPENDIX C IN SCVURPPP C3 STORMWATER HANDSOOK.
2, SACKFIU SIORETENTION ONLY WITH PERMEABLE PLANTING MATERIAL AHO ORAIN ROCK AS SPECIAEO IN THIS OETAIL. ABSOLUTELY HO NATIVE MATERIAL SHAU. SE USEO FOft 8ACICFIU. CONTRACTOR MUST COOftDINATE WITH CIVIL ENGINEER PftlOft TO CONSTRUCTION.
3. RESULT FROM A PERCOLATION RATE SHALL SE GREATER THAN 5.0 IH/HR AND LESS THAN 10.0 IH/HR,
4, ORAIN RDCI< TO BE CLASS 2 PERMEABLE MATERIAL PER CALTRAMS STAHDARO SPECIFICATIONS. SECTION 68-2.02f.
BIORETENTION BASt.l DET AL
NOT TO SCALE
PATRICK HENRY DRIVE
4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 03.05.2024 BKF JOB NO. 20200736 BARarchitects Construction Best Management Practices (BMPs)
Construction projects are required to implement year-round stormwater BMPs.
Non-Hazardous Materials Berm and cover stockpiles of sand, dirt or other construction material with tarps when rain is forecast or when they are not in use. Use (but don’t overuse) reclaimed water for dust control. Ensure dust control water doesn’t leave site or discharge to storm drains.
Hazardous Materials Label all hazardous materials and hazardous wastes (such as pesticides, paints, thinners, solvents, fuel, oil, and antifreeze) in accordance with City, County, State and Federal regulations. Store hazardous materials and wastes in water tight containers, store in appropriate secondary containment, and cover them at the end of every work day or during wet weather or when rain is forecast. Follow manufacturer’s application instructions for hazardous materials and do not use more than necessary. Do not apply chemicals outdoors when rain is forecast within 24 hours. Arrange for appropriate disposal of all hazardous wastes.Waste Management Cover and maintain dumpsters. Check frequently for leaks. Place dumpsters under roofs or cover with tarps or plastic sheeting secured around the outside of the dumpster. A plastic liner is recommended to prevent leaks. Never clean out a dumpster by hosing it down on the construction site. Place portable toilets away from storm drains. Make sure they are in good working order. Check frequently for leaks.
Dispose of all wastes and demolition debris properly. Recycle materials and wastes that can be recycled, including solvents, waterbased paints, vehicle fluids, broken asphalt and concrete, wood, and cleared vegetation. Dispose of liquid residues from paints, thinners, solvents, glues, and cleaning fluids as hazardous waste.
Keep site free of litter (e.g. lunch items, cigarette butts). Prevent litter from uncovered loads by covering loads that are being transported to and from site.
Construction Entrances and Perimeter Establish and maintain effective perimeter controls and stabilize all construction entrances and exits to sufficiently control erosion and sediment discharges from site and tracking off site.
Sweep or vacuum any street tracking immediately and secure sediment source to prevent further tracking. Never hose down streets to clean up tracking.
Materials & Waste Management Equipment Management &
Spill Control
Maintenance and Parking Designate an area of the construction site, well away from streams or storm drain inlets and fitted with appropriate BMPs, for auto and equipment parking, and storage. Perform major maintenance, repair jobs, and vehicle
and equipment washing off site.
If refueling or vehicle maintenance must be done
onsite, work in a bermed area away from storm drains and over a drip pan or drop cloths big enough to collect fluids. Recycle or dispose of fluids as hazardous waste. If vehicle or equipment cleaning must be done onsite, clean with water only in a bermed area that will not allow rinse water to run into gutters, streets, storm drains, or surface waters. Do not clean vehicle or equipment onsite using soaps, solvents, degreasers, or steam cleaning equipment, and do not use diesel oil to lubricate equipment or parts onsite.
Spill Prevention and Control Keep spill cleanup materials (e.g., rags, absorbents and cat litter) available at the construction site at all times. Maintain all vehicles and heavy equipment. Inspect
frequently for and repair leaks. Use drip pans to catch leaks until repairs are made. Clean up leaks, drips and other spills immediately and dispose of cleanup materials properly.
Use dry cleanup methods whenever possible
(absorbent materials, cat litter and/or rags).
Sweep up spilled dry materials immediately. Never
attempt to “wash them away” with water, or bury them.
Clean up spills on dirt areas by digging up and
properly disposing of contaminated soil.
Report significant spills to the appropriate local spill response agencies immediately. If the spill poses a significant hazrd to human health and safety, property or the environment, you must report it to the State Office of Emergency Services. (800) 852-7550 (24 hours).
Earthmoving
Grading and Earthwork
Schedule grading and excavation work
during dry weather.
Stabilize all denuded areas, install and
maintain temporary erosion controls (such as erosion control fabric or bonded fiber matrix) until vegetation is established. Remove existing vegetation only when
absolutely necessary, plant temporary vegetation for erosion control on slopes or where construction is not immediately planned. Prevent sediment from migrating offsite
and protect storm drain inlets, drainage courses and streams by installing and maintaining appropriate BMPs (i.e. silt fences, gravel bags, fiber rolls, temporary swales, etc.).
Keep excavated soil on site and transfer it
to dump trucks on site, not in the streets.
Contaminated Soils
If any of the following conditions are
observed, test for contamination and contact the Regional Water Quality Control Board:
- Unusual soil conditions, discoloration,
or odor.
- Abandoned underground tanks. - Abandoned wells - Buried barrels, debris, or trash. If the above conditions are observed,
document any signs of potential contamination and clearly mark them so they are not distrurbed by construction activities.
Landscaping
Protect stockpiled landscaping materials
from wind and rain by storing them under tarps all year-round. Stack bagged material on pallets and
under cover.
Discontinue application of any erodible
landscape material within 2 days before a forecast rain event or during wet weather.
Paving Avoid paving and seal coating in wet
weather or when rain is forecast, to prevent materials that have not cured from contacting stormwater runoff. Cover storm drain inlets and manholes
when applying seal coat, slurry seal, fog seal, or similar materials. Collect and recycle or properly dispose of
excess abrasive gravel or sand. Do NOT sweep or wash it into gutters.
Sawcutting & Asphalt/Concrete Removal Protect storm drain inlets during saw cutting.
If saw cut slurry enters a catch basin,
clean it up immediately.
Shovel or vacuum saw cut slurry deposits
and remove from the site. When making saw cuts, use as little water as possible. Sweep up, and properly dispose of all residues.
Concrete Management Store both dry and wet materials under cover, protected from rainfall and runoff and away from storm drains or waterways. Store materials off the ground, on pallets. Protect dry materials from wind. Wash down exposed aggregate concrete
only when the wash water can (1) flow onto a dirt area; (2) drain onto a bermed surface from which it can be pumped and disposed of properly; or (3) block any storm drain inlets and vacuum washwater from the gutter. If possible, sweep first. Wash out concrete equipment/trucks offsite
or in a designated washout area onsite, where the water will flow into a temporary waste pit, and make sure wash water does not leach into the underlying soil. (See CASQA Construction BMP Handbook for properly designed concrete washouts.) Dewatering Discharges of groundwater or captured
runoff from dewatering operations must be properly managed and disposed. When possible, send dewatering discharge to landscaped area or sanitary sewer. If discharging to the sanitary sewer, call your local wastewater treatment plant. Divert run-on water from offsite away from
all disturbed areas.
When dewatering, notify and obtain
approval from the local municipality before discharging water to a street gutter or storm drain. Filtration or diversion through a basin, tank, or sediment trap may be required. In areas of known or suspected
contamination, call your local agency to determine whether the ground water must be tested. Pumped groundwater may need to be collected and hauled off-site for treatment and proper disposal.
Painting Cleanup and Removal Never clean brushes or rinse paint containers into a street, gutter, storm drain, or stream. For water-based paints, paint out brushes
to the extent possible, and rinse into a drain that goes to the sanitary sewer. Never pour paint down a storm drain. For oil-based paints, paint out brushes to
the extent possible and clean with thinner or solvent in a proper container. Filter and reuse thinners and solvents. Dispose of excess liquids as hazardous waste. Sweep up or collect paint chips and dust
from non-hazardous dry stripping and sand blasting into plastic drop cloths and dispose of as trash. Chemical paint stripping residue and chips
and dust from marine paints or paints containing lead, mercury, or tributyltin must be disposed of as hazardous waste. Lead based paint removal requires a statecertified contractor.
Concrete Management Painting & Paint Removal
and Dewatering
Paving/Asphalt Work
Storm drain polluters may be liable for fines of up to $10,000 per day! C0PYR IG HT€)2022BAR,:,rehlt.eta
Urban Runoff
Pollution Prevention Program
PATRICK HENRY DRIVE
4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 03.05.2024 BKF JOB NO. 20200736 BARarchitects C O PY RIG H T€)2022 BAR ,:,rehlteeta
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I LEGEND
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I ABBREVIATIONS
F'IRE1RUCl< ACCESS ROUTE ( 2i!r E.V.A.E.)
.,
GRAPHIC SCALE
1'-1 - 20 20 40
09.04.2024
PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015
TREE REMOVAL PLAN
L001
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PATRICK HENRY DRIVE
CALABAZAS CREEK TRAIL
PUBLIC PARK DEDICATION
BUILDING FOOTPRINT
TREE REMOVAL PLAN - LEGEND
SURVEYED TREES (SEE ARBORIST REPORT FOR FULL TREE DATA TABLE) 300
300
TOTAL QUANTITY OF TREES TO REMOVE = (55)REPLACEMENT RATIO = 2:1 = (110) 24” BOX TREES OR = 4:1 = (220) 15 GALLON TREES
TREE COMPENSATION: THE PROJECT WILL PROVIDE (50) 15 GAL, (15) 24” BOX AND (10) 36” BOX. THE TOTAL SUM OF NEW TREES VALUE EQUALS (110) 15 GAL. THE REMAINING (110) 15 GAL REQUIRED REPLACEMENT TREES WILL BE COVERED UNDER A LIEU FEE. 1RWHUHJDUGLQJ3DUN'HVLJQ
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PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015
CITY ARBORIST SPECIFICATION AND TREE PROTECTION DETAIL
L002
CITY ARBORIST SPECIFICATIONS CITY TREE PROTECTION SPECIFICATIONS 1RWHUHJDUGLQJ3DUN'HVLJQ
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CITY OF SANTA CLARA
ARBORl&T NOTES
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7. Aclear-•mol."ll,aill( muat botpr<>ridodanamdtnnwithin20'oftha_..,. ~ in«.Cantractorshall-,,n1ppn,nlol."oudi.,..•mf"""tbocilJ'.....,,._or artori.otempk,y,,dbycity.
& MaMWS. «.UlJ»]>CUltempon.rybuildln,s.fuds.palat1andother~ iMlUloballr>Otbeph,c,edwitbialhedriplineoCWflilla:UftS.
CITY OF SANTA CLARA
ARBORl&T NOTES
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CITY OF SANTA CLARA
ARBORIST NOTES
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CITY OF SANTA CLARA
ARBORIST NOTES
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PRUNING MAY BE NECES~ TO
FACILITATE RD.COVAL OF OEAO WOOD,
CONFLICT WITH NEW STRUCTURE,
OR REDUCE STRESS AND SHALL BE
CARRIED OUT BY A QUALIFIED ARBORIST
AND SUBJECT TO APPROVAL AND
DIRECTION OF CITY ARBORIST.
f 0
I =-,.-....._ I
FENCE
(TYP,)
WHEN EXCAVATING AND TRENCHING
ADJACENT TO DRIPLINES, APPROVAL
OF IS REQUIRED .
I. CUT AS FEW ROOTS AS POSSIBLE
ANO CUT THEM CLEAN.
2. PAINT CUT ROOTS WITH APPROVED
DRESSING.
3. BACKFILL AS SOON AS POSSIBLE
TO AVOID ROOTS FRO'-! CRYING.
1. PROVIDE ADEQUATE RETAINING WALL - NO CLOSER THAN DRIP LINE. LARGE AMOUNTS OF Fill WU INHIBIT DELICATE 8AI..ANCE BETWEEN ROOTS ANO SOIL
2. AVOIO N:f"f PONOING BY DRAINING LOW POINTS.
3. PRIOR TO GRADING, INSTALL FENCES AND BARRICADES AROUND TREE.
4. FERTILIZE ANO WATER TO MINIMIZE SHOCK AS DIRECTED BY OUAUFlED ARBORIST.
K.TRAN
C.QUANZ TREE PROTECTION LS-6
G.GOMEZ
OCTOBER 2013 CITY OF SANTA CLARA PAGEc 62
BAR architects
03.05.2024
PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015 L002
PRELIMINARY WATER EFFICIENT LANDSCAPE WORKSHEET
L003
PUBLIC PARK DEDICATIONPUBLIC PARK DEDICATIONPUBLIC PARK DEDICATION
MODERATE WATER USE LOW WATER USE
LEVEL 8
LEVEL 4
GROUND LEVEL
SCALE 1” = 50’
GROUND LEVEL:MODERATE WATER USE = 3413 sq. ft.LOW WATER USE = 5855 sq. ft.LEVEL 2MODERATE WATER USE = 772 sq. ft.LOW WATER USE = 2679 sq. ft.LEVEL 8MODERATE WATER USE = 0 sq. ft.LOW WATER USE = 538 sq. ft.TOTAL MODERATE WATER USE AREA = 4185 sq. ft.TOTAL LOW WATER USE AREA = 9072 sq. ft.
WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package.
Reference Evapotranspiration (ETo) is ETAF for MAWA is 0.55
ETAF (PF/IE)
ETAF x Area Estimated Total Water Use (ETWU)e
0.37 3357 894980.62 2595 69183
Totals 5952 158681
(B)
111
Totals 0 0
(D)
158681194387
Regular Landscape Areas All Landscape Areas
Total ETAF x Area (B) 5952 Total ETAF x Area (B+D) 5952Total Area (A) 13257 Total Area (A+C) 13257Average ETAF B÷A=
0.45 Sitewide ETAF=(B+D)÷(A+C)
0.45 MODERATE WATER USE 0.50 4185 DRIP 0.81
Average ETAF for Regular Landscape Areas must be 0.55 or below for residential areas, and 0.45 or below for nonresidential areas.
ETWU Total
ETAF
Calculations:
Maximum Allowed Water Allowance (MAWA)e
(C)
0 13257
43.00 Regular Landscape Areas - Controller 'A'
LOW WATER USE 0.30 DRIP 0.81 9072
Hydrozone #
/Planting Descriptiona
Plant Factor (PF)
Irrigation Methodb
Irrigation
Efficiency (IE)c
Landscape Area (sq, ft,)
Special Landscape Areas
(A)
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03.05.2024
PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015
LANDSCAPE SITE PLAN - GROUND LEVEL
L100
PUBLIC PARK DEDICATION
FUTURE PARK DEVELOPMENT
FIRE LANE
ROUNDABOUT
PARKING GARAGE
PATRICK HENRY DRIVE
CALABAZAS CREEK TRAIL
WASTE ELEC.
LOBBY
FITNESS
SOCIAL
LOUNGE
SCALE 1” = 20’
L100AL100C
L100E
L100D
L100F
L100B
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03.05.2024
PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015 LANDSCAPE SITE PLAN - LEVEL 4
L101
ROUNDABOUT
BELOW
PATRICK HENRY DRIVE
CALABAZAS CREEK TRAILPOOL DECK COURTYARD
PUBLIC PARK DEDICATION
FUTURE PARK DEVELOPMENT
FIRE LANE BELOW
SCALE 1” = 20’
L101A
-
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BAR architects
03.05.2024
PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015 LANDSCAPE SITE PLAN - LEVEL 8
L102
LEVEL 4
POOL DECK
BELOW
LEVEL 4
COURTYARD
BELOW
ROOF
DECK
AMENITY
CALABAZAS CREEK TRAIL
PATRICK HENRY DRIVE
PUBLIC PARK DEDICATION
FUTURE PARK DEVELOPMENT
ROUNDABOUT
BELOW
FIRE LANE BELOW
SCALE 1” = 20’
L102A
-
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03.05.2024
PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015
ENLARGED PLAN - GROUND LEVEL
L100A
BIKE ROOM
MOVE-IN LOBBY
PARKING GARAGE
CALABAZAS CREEK TRAIL
PL PL
PL
SCALE 1” = 10’
MATCHLINE - L100B
MATCHLINE - L100C
6’ TALL WOOD AND METAL FENCE AND GATEPET WASTE STATION
ROUNDABOUT
MATERIAL LEGENDPLANTING LEGEND
CONCRETE UNIT PAVER
STREET TREE24” BOX
REGULAR PLANTING BIORETENTION PLANTING
EVERGREEN TREE24” BOXEVERGREEN SHRUB15 GALLONACCENT SHRUB15 GALLONCLIMBING VINE1 GALLONEVERGREEN SCREENING TREE 24’’ BOX DECIDUOUS TREE24” BOXACCENT SMALL TREE15 GALLONEVERGREEN SMALL TREEFOR SCREENING15 GALLONACCENT SHRUB5 GALLONEXISTING TREETO REMAIN
REDBROWN PATHWAY MIX CITY SIDEWALK CONCRETE PAVINGCONCRETE PAVINGPERMEABLE CONCRETE PAVINGCOBBLE STONEWARNING PAVERBIORETENTION PLANTING PET WASTE STATIONREGULAR PLANTING TRANSFORMER
CLASS II BIKE RACKRAISED PLANTER4’ TALL WOOD & METAL FENCE6’ TALL WOOD & METAL FENCE8’ TALL LASER CUT METAL SCREEN WITH CUSTOM PATTERN6’ TALL MAN GATESBOLLARDS GENERAL NOTE:
1. ALL VERTICAL SCREENS SHALL HAVE 50% POROSITY FOR SECURITY.2. ALL PARK BENCHES UNDER 5’ IN LENGTH WILL HAVE ARMRESTS ON BOTH SIDES. FOR BENCHES OVER 5’, ARMRESTS WILL SUBDIVIDE THE BENCH INTO SEGMENTS LESS THAN 5’.3. SKATE STOPPERS WILL BE PROVIDED FOR ANY SEAT WALL LESS THAN 36” IN HEIGHT.4. ALL PLANTING IN THE STORMWATER FLOW-THRU PLANTERS AND BIO-RETENTION AREAS WILL BE SELECTED FROM THE SCVURPPP APPENDIX D - PLANT LIST AND PLANTING GUIDANCE FOR LANDSCAPE-BASED STORMWATER MEASURES. 1RWHUHJDUGLQJ3DUN'HVLJQ
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PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015
ENLARGED PLAN - GROUND LEVEL
L100B
PL
PLPL
SCALE 1” = 10’
PATRICK HENRY DRIVETRANS- FORMER
SWITCH
VAULT
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MATCHLINE - L100D
PLANTING LEGEND
STREET TREE24” BOX
REGULAR PLANTING BIORETENTION PLANTING
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UNITUNITUNIT
ELEC.
TRASH
4’ TALL WOOD AND METAL FENCE AND GATE
EVERGREEN SCREENING TREE 24’’ BOX
GENERAL NOTE:
1. ALL VERTICAL SCREENS SHALL HAVE 50% POROSITY FOR SECURITY.2. ALL PARK BENCHES UNDER 5’ IN LENGTH WILL HAVE ARMRESTS ON BOTH SIDES. FOR BENCHES OVER 5’, ARMRESTS WILL SUBDIVIDE THE BENCH INTO SEGMENTS LESS THAN 5’.3. SKATE STOPPERS WILL BE PROVIDED FOR ANY SEAT WALL LESS THAN 36” IN HEIGHT.4. ALL PLANTING IN THE STORMWATER FLOW-THRU PLANTERS AND BIO-RETENTION AREAS WILL BE SELECTED FROM THE SCVURPPP APPENDIX D - PLANT LIST AND PLANTING GUIDANCE FOR LANDSCAPE-BASED STORMWATER MEASURES.
GENERAL NOTE:
1. ALL VERTICAL SCREENS SHALL HAVE 50% POROSITY FOR SECURITY.2. ALL PARK BENCHES UNDER 5’ IN LENGTH WILL HAVE ARMRESTS ON BOTH SIDES. FOR BENCHES OVER 5’, ARMRESTS WILL SUBDIVIDE THE BENCH INTO SEGMENTS LESS THAN 5’.3. SKATE STOPPERS WILL BE PROVIDED FOR ANY SEAT WALL LESS THAN 36” IN HEIGHT.4. ALL PLANTING IN THE STORMWATER FLOW-THRU PLANTERS AND BIO-RETENTION AREAS WILL BE SELECTED FROM THE SCVURPPP APPENDIX D - PLANT LIST AND PLANTING GUIDANCE FOR LANDSCAPE-BASED STORMWATER MEASURES.
MATERIAL LEGEND
CONCRETE UNIT PAVERREDBROWN PATHWAY MIX CITY SIDEWALK CONCRETE PAVINGCONCRETE PAVINGPERMEABLE CONCRETE PAVINGCOBBLE STONEWARNING PAVERBIORETENTION PLANTING PET WASTE STATIONREGULAR PLANTING CLASS II BIKE RACKRAISED PLANTER4’ TALL WOOD & METAL FENCE6’ TALL WOOD & METAL FENCE8’ TALL LASER CUT METAL SCREEN WITH CUSTOM PATTERN6’ TALL MAN GATESBOLLARDS (2) CLASS IIBIKE RACKS
BACK FLOW
BACK FLOW
FIRE
PUMP
DOMESTIC
PUMP
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PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015
ENLARGED PLAN - GROUND LEVEL
L100C
SCALE 1” = 10’
TRASH FIRE LANE
STAGING
AREA
TRANSFORMER
FITNESS
PARKING GARAGE
CALABAZAS CREEK TRAIL
BUILDING OVERHANG
PLPL
(6) CLASS II BIKE RACKS
(5) CLASS II
BIKE RACKS
PLANTING LEGENDGENERAL NOTE:
STREET TREE24” BOX
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EVERGREEN TREE24” BOXEVERGREEN SHRUB15 GALLONACCENT SHRUB15 GALLONCLIMBING VINE1 GALLON DECIDUOUS TREE24” BOXACCENT SMALL TREE15 GALLONEVERGREEN SMALL TREEFOR SCREENING15 GALLONACCENT SHRUB5 GALLONEXISTING TREETO REMAIN MATCHLINE - L100D
MATCHLINE - L100E
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MOVE-IN LOBBY FIRE ELEC.
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MATERIAL LEGEND
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PATRICK HENRY DRIVE4590 PATRICK HENRY DRIVE, SANTA CLARA, CA 95054 2020015
ENLARGED PLAN - GROUND LEVEL
L100D
SCALE 1” = 10’
SOCIAL LOUNGE
LOBBY/LEASING
OFFICE
OFFICE
PARKING GARAGE
FIRE LANE
PATRICK HENRY DRIVE
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STREET TREE24” BOX
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MATCHLINE - L100F
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UNITUNITUNIT
EVERGREEN SCREENING TREE 24’’ BOX
GENERAL NOTE:
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MATERIAL LEGEND
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ENLARGED PLAN - PUBLIC PARK
L100E
SCALE 1” = 10’
PARK PROGRAMSOUTDOOR MUSICAL INSTRUMENTS (ALL AGES) TABLE TENNIS BOCCE BALL COURT
EXISTING PLANTING BUFFER
ADJACENT PARKING LOT
(FUTURE PARK DEVELOPMENT)
TABLE TENNIS
GAMES
TABLES
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MUSICAL PLAY
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CONCRETE PAVING TYPE 1CONCRETE PAVING TYPE 2 RED BROWN PATHWAY MIXGRASSPLANTING
TABLE TENNIS
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PICNIC TABLE PER CITY STANDARD(QCP FOOD COURT ROUND QR42FC & QR42FC3 ADA OPTION)GAMES TABLE PER CITY STANDARD(QCP FOOD COURT SQUARE QS42FC & QS42FC3 ADA OPTION) 30”H X 96”W X 6”D PARK SIGNAGE PER CITY STANDARD
CORN HOLE
GAMES AREA
PG&E EASEMENT
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CASSIA FISTULAGOLDEN SHOWER48” BOX
QUERCUS AGRIFOLIACOAST LIVE OAK36” BOX
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SCALE 1” = 10’
PARK PROGRAMSCORN HOLE GAMES PICNIC TABLES & GAMES TABLES MULTI-USE LAWN
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30”H X 96”W X 6”D PARK SIGNAGE PER CITY STANDARD
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REGULAR PLANTING BIORETENTION PLANTING
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EVERGREEN TREE24” BOX
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REGULAR PLANTING
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FEATURE LIGHT AT METAL SCREENS
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LIGHTING PLAN - GROUND LEVEL
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CALABAZAS CREEK TRAIL
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CALABAZAS CREEK TRAIL
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CALABAZAS CREEK TRAIL
SCALE 1” = 20’
LIGHTING LEGEND
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DRAWING TITLE
4590 PATRICK HENRY DRIVE
SANTA CLARA
PROJECT NO.PROJECT
CM
DRAWN
APPROVED
DATE
SCALE
DRAWING NO.
CS
10/04/2023
CONSULTANT
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NO. DATE ISSUE / REVISION ISSUED BY
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AMERICAN TRASH MANAGEMENT
1900 POWELL STREET, SUITE 220
EMERYVILLE, CALIFORNIA 94608P: 415.292.5400F: 415.292.5410 [email protected]
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SANTA CLARA
PROJECT NO.PROJECT
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1900 POWELL STREET, SUITE 220
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DRAWING TITLE
4590 PATRICK HENRY DRIVE
SANTA CLARA
PROJECT NO.PROJECT
CM
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DATE
SCALE
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CS
10/04/2023
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1900 POWELL STREET, SUITE 220
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October 7, 2024
RE: Endorsement of 4590 Patrick Henry Drive
To Whom It May Concern:
For over 60 years, Greenbelt Alliance has helped create cities and neighborhoods that make the Bay Area a better place to live—healthy places where people can walk and bike; communities with parks, shops, transportation options; homes that are affordable and resilient to the impacts of climate change. Greenbelt Alliance’s Climate SMART—Sustainable, Mixed, Affordable, Resilient, Transit-Oriented—Development Endorsement Program provides support for projects that advance the right kind of development in the right places. By promoting climate-smart development we can create thriving, resilient neighborhoods with ready access to transit and housing choices for all of the Bay Area’s people.
After careful review, Greenbelt Alliance is pleased to endorse the proposed 4590 Patrick Henry Drive project.
More housing is critically needed in Santa Clara, and the 284 units, 42 of them deeply affordable, provided by 4590 Patrick Henry Drive as part of the East Tasman Plan represent a significant step in the right direction. Further, not only will the project address the urgent need for more housing, but it also contributes significantly to the revitalization of the area.
We are particularly impressed by the project’s commitment to sustainability and community amenities. The inclusion of a public park will provide much-needed green space for residents and visitors, fostering a sense of community and improving overall well-being. The project’s provision of more than 300 bicycle parking spaces and the construction of a new protected bike lane along the frontage road will promote active transportation, making it easier and safer for residents to choose biking over driving. These features not only support a healthy lifestyle but also contribute to reducing the city’s carbon footprint.
The project's 100% electric design is another significant highlight. By eliminating reliance on fossil fuels for energy, the development will help mitigate climate change and set a precedent for future projects. This all-electric approach is in line with the growing movement towards renewable energy and reflects a forward-thinking approach to urban development.
Correspondence
10/16/24 Development Review Hearing Meeting
4590 Patrick Henry Drive
RTC24-956
Transit Access for Sustainable Development
In addition to adding greatly needed affordable housing to Santa Clara County, 4590 Patrick Henry Drive will align with Greenbelt Alliance’s climate SMART—Sustainable, Mixed, Affordable, Resilient, Transit-Oriented—development criteria in several ways. Its strategic location, less than half a mile from the VTA light rail and within half a mile of five VTA bus lines, ensures excellent connectivity and encourages the use of public transportation. This proximity to transit options will help reduce car dependency, thereby lowering greenhouse gas emissions and traffic congestion.
According to GreenTRIP—a free online tool created by Transform that models traffic and greenhouse gas impacts of residential projects in California— the 4590 Patrick Henry Drive development will result in:
● 1,963 fewer miles driven every day compared to the Santa Clara County average. ● 21% fewer GHG impacts every day compared to the Santa Clara County average. ● 5% less parking use every day compared to the Santa Clara County average. ● Parking when compared to existing city requirements:
○ Saving $15,040,000 in parking construction cost if built with 0.34 instead of the municipal requirements.
○ Saving 5,112 sq.ft. in fewer parking spaces
Greenbelt Alliance believes 4590 Patrick Henry Drive will play a pivotal role in reimagining a more resilient and inclusive Santa Clara for all residents to enjoy, and we are proud to give this project our endorsement! We hope its approval will inspire cities around the Bay Area to redouble their efforts to grow in more sustainable ways.
Sincerely,
Jordan Grimes
Resilience Manager
Greenbelt Alliance
YIMBY Law
8 77 Cedar Str eet # 150
Sant a Cru z, CA 9 50 6 0
[email protected]
1 10/30/2024
Steve Le
Senior Planner
City of Santa Clara
[email protected]
Via Email
Re: 4590 Patrick Henry Dr. Santa Clara, CA 95054
Dear Department of Planning,
YIMBY Law is a 501(c)3 non- profit corporation, whose mission is to increase the accessibility and affordability of housing in California. YIMBY Law sues municipalities when they fail to comply with state housing laws, including the Housing Accountability A ct (HAA). As you know, the City Council has an obligation to abide by all relevant state housing laws when evaluating the above captioned proposal, including the HAA. Should the City fail to follow the law, YIMBY Law will not hesitate to file suit to ensure that the law is enforced.
The proposal is for 284 rental homes in the new Patrick Henry Drive Specific Plan approved by City of Santa Clara in 2022. The project is consistent with the Specific Plan and zoning at 127 dwelling units per acre. The proposal also includes 42 affordabl e units; 14 moderates, 14 low, and 14 very low income units.
California Government Code § 65589.5, the Housing Accountability Act, prohibits localities from denying housing development projects that are compliant with the locality’s zoning ordinance or general plan at the time the application was deemed complete, un less the locality can make findings that the proposed housing development would be a threat to public health and safety.
The above captioned proposal is zoning compliant and general plan compliant, therefore, your local agency must approve the application, or else make findings to the effect that the proposed project would have an adverse impact on public health and safety, as described above. Should the City fail to comply with the law, YIMBY Law will not hesitate to take legal action to ensure YIMBY Law, 57 Post Street, Suite 908, San Francisco, CA 94104 2 that the law is enforced.
I am signing this letter both in my capacity as the Executive Director of YIMBY Law, and as a resident of California who is affected by the shortage of housing in our state.
Sincerely,
Sonja Trauss
Executive Director
YIMBY Law
October 7, 2024
RE: Endorsement of 4590 Patrick Henry Drive
To Whom It May Concern:
For over 60 years, Greenbelt Alliance has helped create cities and neighborhoods that make the Bay Area a better place to live—healthy places where people can walk and bike; communities with parks, shops, transportation options; homes that are affordable and resilient to the impacts of climate change. Greenbelt Alliance’s Climate SMART—Sustainable, Mixed, Affordable, Resilient, Transit-Oriented—Development Endorsement Program provides support for projects that advance the right kind of development in the right places. By promoting climate-smart development we can create thriving, resilient neighborhoods with ready access to transit and housing choices for all of the Bay Area’s people.
After careful review, Greenbelt Alliance is pleased to endorse the proposed 4590 Patrick Henry Drive project.
More housing is critically needed in Santa Clara, and the 284 units, 42 of them deeply affordable, provided by 4590 Patrick Henry Drive as part of the East Tasman Plan represent a significant step in the right direction. Further, not only will the project address the urgent need for more housing, but it also contributes significantly to the revitalization of the area.
We are particularly impressed by the project’s commitment to sustainability and community amenities. The inclusion of a public park will provide much-needed green space for residents and visitors, fostering a sense of community and improving overall well-being. The project’s provision of more than 300 bicycle parking spaces and the construction of a new protected bike lane along the frontage road will promote active transportation, making it easier and safer for residents to choose biking over driving. These features not only support a healthy lifestyle but also contribute to reducing the city’s carbon footprint.
The project's 100% electric design is another significant highlight. By eliminating reliance on fossil fuels for energy, the development will help mitigate climate change and set a precedent for future projects. This all-electric approach is in line with the growing movement towards renewable energy and reflects a forward-thinking approach to urban development.
Transit Access for Sustainable Development
In addition to adding greatly needed affordable housing to Santa Clara County, 4590 Patrick Henry Drive will align with Greenbelt Alliance’s climate SMART—Sustainable, Mixed, Affordable, Resilient, Transit-Oriented—development criteria in several ways. Its strategic location, less than half a mile from the VTA light rail and within half a mile of five VTA bus lines, ensures excellent connectivity and encourages the use of public transportation. This proximity to transit options will help reduce car dependency, thereby lowering greenhouse gas emissions and traffic congestion.
According to GreenTRIP—a free online tool created by Transform that models traffic and greenhouse gas impacts of residential projects in California— the 4590 Patrick Henry Drive development will result in:
● 1,963 fewer miles driven every day compared to the Santa Clara County average. ● 21% fewer GHG impacts every day compared to the Santa Clara County average. ● 5% less parking use every day compared to the Santa Clara County average. ● Parking when compared to existing city requirements:
○ Saving $15,040,000 in parking construction cost if built with 0.34 instead of the municipal requirements.
○ Saving 5,112 sq.ft. in fewer parking spaces
Greenbelt Alliance believes 4590 Patrick Henry Drive will play a pivotal role in reimagining a more resilient and inclusive Santa Clara for all residents to enjoy, and we are proud to give this project our endorsement! We hope its approval will inspire cities around the Bay Area to redouble their efforts to grow in more sustainable ways.
Sincerely,
Jordan Grimes
Resilience Manager
Greenbelt Alliance
November 13, 2024
Steve Le
City Planner
City of Santa Clara
Email: [email protected]
Dear Mr. Le,
On behalf of the Santa Clara Schools Foundation (SCSF), I am pleased to support the residential development project by 4590 Patrick Henry LLC at 4590 Patrick Henry Drive in the City’s new Specific Plan area in North Santa Clara. This project represents an investment in our community that aligns with the mission of SCSF: to support Santa Clara Unified School District’s students, staff, and community by enhancing educational opportunities, addressing resource gaps, and encouraging lifelong learning.
We are grateful for 4590 Patrick Henry LLC’s recent $3,000 gift to Hughes Elementary School’s upcoming Spring Walk-a-thon event. As Hughes Elementary is within the project’s attendance boundary, this contribution will support the school’s health-focused activities and help foster a sense of community.
Additionally, the inclusion of 42 affordable housing units offers a vital resource for district staff and students entering the local workforce. Providing accessible housing options for educators and recent graduates strengthens the connection between our district and the community.
We appreciate your recognition of the importance of projects like this, which create opportunities for both education and community growth. Thank you for your continued support in building a strong future for Santa Clara.
Sincerely,
Steven J. Neese
Executive Director
Santa Clara Schools Foundation