City Council and Authorities Concurrent
March 25, 2025

________________________________________________________________________________ City Council Hearing March 25, 2025 Page 1 of 24

CONDITIONS OF GENERAL PLAN AMENDMENT AND REZONING APPROVAL

PLN24-00160 and PLN24-00213 /2518 Mission College Blvd APN:104-40-019 Deemed Complete / Cleared
Project Description: Adoption of an Addendum to the to the Freedom Circle Future Focus Area Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program, General Plan Amendment, Rezone, and Vesting Tentative Subdivision Map for the Property Located at 2518 Mission College Boulevard to Allow the Development of 1,792 Residential Units and Associated On- and Off-Site Improvements.

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 March 25, 2027.

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 protec tion 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.

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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 15.38 – 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_____. (SCC 12.35.090)
P3. Tree Replacement (Alternative Means). If the applicant is unable to meet the 2:1 ratio requirement, trees permitted by the City for removal shall be replaced at a ratio pursuant to an alternative plan approved by the Director of Community Development. (SCC 12.35.090)
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 subm itted to the Director of Community Development or designee for approval prior to issuance of demolition and building permits.

P5. Applicant shall install proposed crosswalk adjacent to the park located at the southern edge of the project site with enhanced pedestrian safety features, such as a raised crosswalk with flashing beacon, different surface materials for the crosswalk.

DURING CONSTRUCTION -- PRIOR TO OCCUPANCY
P6. 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.

P7. 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.

P8. Construction Parking. Off street parking is required to be available from the time of issuance of building permits until the issuance of certificate of occupancy. 448 parking spaces shall be made available. Off- street construction parking lots are required to be maintained mud-free and dustless. If the off -street construction parking lot is located on an unpaved surface, daily street sweeping of surrounding streets is required. (SCC 18.38.030)
P9. 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.

P10. Explore opportunities to work with the local construction labor unions. ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 3 of 24

OPERATIONAL CONDITIONS
P11. Use of Garage. The owner or designee shall ensure that the garage always be maintained free and clear for vehicle parking use. It shall not be used only for storage.

P12. 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.

P13. Landscaping. The owner or designee shall maintain the front yard landscaping between the house and sidewalk. New landscape areas of 500 square feet or more or rehabilitated landscape of 2,500 square feet or more shall conform to the California Department of Water Efficient Landscape Ordinance.

P14. 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
P15. 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 typi cally are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet. a. Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.

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

BD3. Water Pollution Control. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml . All projects that disturb more
than one acre, or projects that are part of a larger development that in total disturbs more than one acre, ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 4 of 24
shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
• https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental- programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.

BD4. 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-si te grading permit shall be a separate permit application to the Building Division.

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

COMMUNITY DEVELOPMENT - HOUSING DIVISION
DESIGN / PERFORMANCE – PRIOR TO BUILDING PERMIT ISSUANCE

H1. 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 1,792 units rental residential development.

The Applicant is required to provided at least fifteen percent (15%) of the units (268.8 units) as affordable housing for households at the following affordability levels: five percent (5%) or 75 units at fifty percent (50%) of Area Median Income (AMI) to qualify for a twenty percent (20%) density bonus, with the remaining 193.8 units offered at an average of one hundred percent (100%) of AMI. The fractional unit of 0.8, the applicant has elected to provide 194 affordable units at average of 100%AMI. Affordable units shall be reasonably dispersed throughout the project, contain the same number of bedrooms as market rate units.

They shall be comparable to the design, appearance, material and finished quality of the market rate units in the project. Affordable units will also 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, which will establish the affordable rents and apply all terms and covenants ensuring the prescribed affordability, subject to the satisfaction of the Director of Community Development.

Compliance with the affordable housing obligation will be memorialized in the AHA and may be subject to City Council approval. A fee of $5,868 will be required for the preparation of the AHA, due prior to its execution. Additionally, there will be an annual monitoring fee of $127 per affordable unit.

FIRE DEPARTMENT

DESIGN / PERFORMANCE—PRIOR TO BUILDING PERMIT ISSUANCE
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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 busi nesses 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.

F2. 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 Per mit 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.

F3. 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 restrictiv e departments requirement shall apply.

F4. 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.

F5. 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.

F6. 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 project- specific and depends on the building configuration, building design, occupancy, and construction type, etc. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment permit application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. Please note acceptable mitigation methods may have been discussed during the planning stage. Those mitigations are not guaranteed until a formal alternate means permit is submitted concurrently with the Building Plans. Conversely, an ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 6 of 24
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 s hall 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 and an outside turning radius of 50 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 case-by -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. Traffic calming devices are shown currently on this plan and are not allowed. The project has the option to remove them or provide pneumatic bollards to isolate the portion of the road they want for pedestrian access. 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.

F7. 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.

F8. 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.

F9. 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.
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F10. Alternative Means and Methods. Prior to any Building Permit issuance, an alternate means or methods permits to mitigate any code deficiency must be submitted and approved. Please submit this permit concurrently with the building plans. Please note specific mitigations may have been discussed during the planning process. None of these discussions are binding and can only be formally approved through submitting an AMMR permit. The AMMR permit is formally documenting that and still needs to be submitted. This project will require an AMMR for the following items:
a. Redwood trees remaining in place along aerial access roads. The project has been told to remove the trees, but are choosing to defer their decision to the building permit stage. b. Hose pulls are not within 150 feet of all exterior portions of the building c. Aerial access setbacks are not 15 to 30 feet on at least two sides of each building (1 short side and 1 long side). Even with the removal of the trees, aerial access setbacks will still be code deficient
F11. The Fire Department reserves the right to add or edit comments based on environmental impact reports, the CEQA process, or a Fire Department Needs Assessment.

F12. 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.

F13. 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
F14. 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 bui lding it serves shall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE or fire protection equipment.

F15. 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.

F16. If traffic preemption is not currently installed at Agnew and Mission College for Station 8, the project will be responsible for installing. This will be listed as a Condition of approval.

PARKS & RECREATION DEPARTMENT

DESIGN / PERFORMANCE– PRIOR TO BUILDING PERMIT ISSUANCE PR1. Park Impact Fees. This memo assumes the Project is a subdivision and the Quimby Act provisions will apply. The project will generate an estimated 3441 residents (1.92 persons/household x 1792 units). Based on the Quimby Act standard of 3.0 acres/1000 residents, the amount of public parkland required for this Project to mitigate the impact of the new resident demand is approximately

10.323 acres. The equivalent fee due in lieu of parkland dedication is $69,986,560 (1792 units X $39,055).

PR2. The balance of fees due in-lieu of parkland dedication is $34,135,899, provided the developer dedicates in fee title to the City a 4.225-acre public park free of any encumbrances or easements, the value of which is approximately $25,150,430 and 4.222-acres of private active recreational amenity space valued at approximately $10,700,231 (50% of the value of the land). The value of the park improvements is unknown at this time. If any of the proposed acreage changes, calculations will be updated accordingly.

PR3. Final Determination of Park Impact Fees. The City recently updated the amount of fees to be paid in lieu of parkland dedication pursuant to City Code Section 17.35.040(c), based upon updated determinations of average density (persons per household) for single family and multi-family residential units, the fair market value of dedicated parkland, and the cost of parkland improvements.

The Project shall be subject to the in-lieu fees adopted by City Council Resolution on October 29, 2024, whether such fee adoption is completed prior or subsequent to the Project application being ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 8 of 24
deemed complete. Developer had the right to participate in the City Council proceedings regarding the amount of fees to be paid. However, Developer waives its right to request an appraisal pursuant to SCCC 17.35.040(b)(2) with respect to the adoption of the in-lieu fees by the City Council on October 29, 2024.

PR4. Application for Credit. Calculations for credit includes 183,938 sq. ft. of active recreational amenity space. A credit of 50% of the value of the land devoted to the private recreational amenity space is eligible for credit against the requirement of land dedication or fees in-lieu thereof. That value of the credit is $10,700,231. City Code Section 17.35.070(b) states that the private amenity areas shall be devoted to active recreational uses, and Section 17.35.070(b) states that the space shall be reasonably adapted for use for recreational purposes. Many of the areas proposed in the project plans are dedicated to passive uses. The developer shall find ways to activate more of these areas.

PR5. Developer shall supply a covenant to maintain the private recreational amenity spaces to the City Attorney prior to approval of the final subdivision map for review and approval. Once approved by the City Attorney, such document shall be recorded simultaneously with the final subdivision map.

PR6. The Covenants, Conditions, and Restrictions (CC&R's) or other equivalent instrument for this project should expressly provide for the perpetual maintenance of private recreational spaces for the life of the Project.

PR7. Building Permit - Payment of In-Lieu Fees. In-lieu fees imposed under City Code 17.35 shall be due and payable to the City prior to issuance of a building permit for each dwelling unit. Final calculations will depend upon the actual number and type of units and the mix of parkland dedicated and remaining fee due, at the discretion of the City. Calculations may change if the number of units change, if any areas do not conform to City Code Chapter 17.35, and/or if the fee schedule for new residential development fees due in lieu of parkland dedication changes before this Project is deemed complete by Planning.

PR8. Per City Code Section 17.35.080, the Director of Parks and Recreation shall determine the conditions necessary to comply with the requirements for parkland dedication.

PR9. Dedicated Parkland. Public park plans are considered to be a conceptual design. The developer will work with this department to follow the public outreach, design review, and approval process, and it shall meet the Department’s “Park Amenity & Design Standards” as well as City standards for the approximately 4.225-acre neighborhood park.

PR10. The City accepts the location of the proposed neighborhood park, provided it is dedicated to the City in fee title, is free of all encumbrances and easements (i.e. UGEEs, EVAs, water, sewer, etc.), and that there are no entrances to the building from and through the park parcel. The plan sheets show private stormwater treatment management areas (i.e. biorentention basins and silva cells) for the private buildings within the proposed public park parcel and shall be relocated. Private stormwater management treatment cannot be located in the public park, and nor shall treatment measures use the public park to address private stormwater requirements.

PR11. Egress/emergency exits from the building into the park would be an acceptable exception and should be outside of the park parcel. There shall not be any ingress access from the public park parcels into the buildings. Show all building doors on the plan sheets where they exit towards the public park.

PR12. There are size discrepancies for the neighborhood park on the plan set and the Vesting Tentative Map. The Vesting Tentative Map shows a 2.73-acre parcel proposed for the public neighborhood park and the latest landscaping sheets show a 3.35-acre parcel proposed for the public neighborhood park. All plans shall be updated to reflect the correct acreage and the correct parcel lines. The park shall be a single cohesive parcel and there shall not be any private utilities crossing public park and private parcel property lines.

PR13. Provide soil reports for the public park parcel.

PR14. The public park parcel boundary line shall be a minimum of 10-feet away from the face of any building and/or any private amenities. No-build easements shall be outside of the public park parcel.

The park property lines should be a “straight line” from any building, and not follow the lines of the building. There shall be a distinct separation between private and public property. ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 9 of 24
PR15. The proposed parallel parking stalls along the park on Freedom Circle have been eliminated by the developer and an onsite parking area added. All plan sheets shall be updated accordingly. There will not be additional credit for this parking lot or the parking spaces.

PR16. The park requires its own building permit, separate from the residential development, through the City’s Permitting Online Portal, Accela.

PR17. The park name will follow the City’s Naming Policy.

PR18. Developer shall construct the park and maintain the park for the life of the park at the sole cost to the Developer.

PR19. Developer will provide City with GIS/Enterprise Asset Management System (EAMS) data (CAD file) for the public park facilities. The base map and design elements/assets should meet the City data dictionary definitions for each asset.

PR20. Developer shall enter into a Park Improvement Agreement and a Park Maintenance Agreement with the City which will be submitted to City Council for approval and then recorded with the County before park construction begins.

PR21. The public park shall be dedicated to the City in fee title, not a public access easement or easement of any kind, at the sole cost of the developer, and the public park parcel reflected on the vesting tentative subdivision map.

PR22. Building Permit – Dwelling Unit Tax. A dwelling unit tax (DUT) is also due based on the number of units and additional bedroom per City Code Chapter 3.15. The Project mix includes 525 studios, 595 one-bedroom units, and 672 two-bedroom units [$15 x 1792 bedrooms) + ($5 x 672 additional bedrooms)] for a total DUT of $30,240.

See below for details:

Table 1. Computation of Parkland Dedication

Project Unit Type: Multi Fam Dwelling Quimby Act
Persons/Dwelling Type 1.92
Multi Family Project Units 1792
Total New Residents 3441
Parkland Dedication Required (acres): R/1,000 x

3.0 10.323
Equivalent In Lieu Fee $69,986,560

Table 2. Public Parkland Dedications Proposed, Service Level

Parkland Proposed Square Feet Acres Type of Dedication
Neighborhood Park 184,051 4.225 Fee Title free of any
encumbrances or easements

Total to be dedicated: 184,051 4.225
Total Proposed Dedicated Public Parkland Value: $25,150,430

Table 3. Credit for Proposed Private Onsite Park & Recreation “Active Rec Uses”

Square Feet Acres
Bldg 1: courtyard 1 - landscaped & furnished, park-like quiet area 8,042 0.1846
Bldg 1: courtyard 12 - game, fitness or sport court area 21,348 0.4901 Bldg 2: courtyard 2 - family picnic area 15,099 0.3466
Bldg 2: courtyard 3 - family picnic area 4,016 0.0922
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Bldg 2: pool area 1 - accessible swimming pool (min
dimensions of 42-ft by 75-ft) w adjacent deck & lawn areas 33,976 0.7800 Bldg 3: courtyard 4 - game, fitness or sport court area 2,246 0.0516 Bldg 3: courtyard 5 - family picnic area 5,845 0.1342
Bldg 3: courtyard 6 - landscaped & furnished, park-like quiet area 3,783 0.0868
Bldg 3: courtyard 7 - landscaped & furnished, park-like quiet area 2,233 0.0513
Bldg 3: courtyard 8 - family picnic area 2,651 0.0609
Bldg 3: courtyard 13 - family picnic area 33,936 0.7791 Bldg 3: fitness room - recreation center buildings & grounds 7,200 0.1653 Bldg 4: courtyard 9 - family picnic area 7,372 0.1692
Bldg 4: courtyard 10 - landscaped & furnished, park-like quiet area 1,107 0.0254
Bldg 4: pool area 2 - accessible swimming pool (min
dimensions of 42-ft by 75-ft) w adjacent deck & lawn areas 24,469 0.5617 Bldg 5: courtyard 11 - family picnic area 4,075 0.0935
Bldg 5: courtyard tbd 6,540 0.1501
Total 183,938 4.2226

Credit at 50% for private Active Recreation & Equivalent Value:

2.111 /
$10,700,231

POLICE DEPARTMENT
DURING CONSTRUCTION – PRIOR TO OCCUPANCY
PD1. A Coded Entry System is required for police access to enclosed parking lots and gated communities.

This can be accomplished with a coded key pad system or the Police Department Knox Box key system. We understand security is a prime concern for the tenants of the project, which necessitates some sort of secure building and admittance process. By having either of these secure access systems for law enforcement, it will allow us to better respond to emergency situations should they arise in the development. Contact Sergeant John Terry at 408-615-4870 or email [email protected] to obtain information on Police Knox box program.

PD2. Applicant shall contact the Santa Clara Police Department ‘Intelligence” unit (408-615-4849) for Alcohol Beverage Control (ABC) licensing review.

PD3. The developer shall meet the City of Santa Clara’s guidelines established for radio signal penetration, detailed in the Communications Department’s Public Safety Radio System Building Penetration Guidelines. The intended use of telecommunications sites shall be clearly and accurately stated in the use permit. The signal, of whatever nature, of any communications facility or system, shall in no way whatsoever interfere with or affect any police communication or police communication system.

PUBLIC WORKS DEPARTMENT - ENGINEERING

DESIGN—PRIOR TO BUILDING PERMIT ISSUANCE
E1. Site Clearance. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 11 of 24
identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.

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

E3. Subdivision Map. After City Council approval of the Tentative Map, submit the Subdivision Map, prepared by a Licensed Land Surveyor or a Registered Civil Engineer with Land Surveyor privileges to the Engineering Department. The submittal shall include a title report, clos ure calculations, and all appropriate fees.

E4. Design. The sanitary sewer (SS) discharge information (i.e., building use, square footage, point of connection to the public system, and 24-hour average and peak SS flow graphs for the peak day, showing average daily and peak daily SS flows) submitted by the developer was added to the City’s Sanitary Sewer Hydraulic Model (SSHM) to determine if there is enough SS conveyance capacity in the SS trunk system to accommodate the proposed development. The SSHM output shows that there is slight surcharging in some downstream SS trunk lines. The SSHM output may change based on pending development applications and future projects. The SSHM output does not guarantee or in any way reserves or holds SS conveyance capacity until developer has Final Approval for the project. For purposes of this condition, “Final Approval” shall mean the final vote of the City Council necessary for all entitlements to be approved, unless a legal challenge is brought to the Council decisions, in which case the Final Approval shall mean the final disposition of the legal challenge.

DURING CONSTRUCTION
E5. 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.

E6. 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.

E7. 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.

E8. 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.

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

E10. Encroachment Permit. Construct new sanitary sewer main to connect existing sanitary sewer mains along Freedom Circle.

E11. Encroachment Permit. Sanitary sewer and storm drain mains and laterals shall be outside the drip line of mature trees or ten (10) feet clear of the tree trunk, whichever is greater, to the satisfaction of the City Engineer.

E12. 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 barrier s 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.

E13. Encroachment Permit. Existing streetlights shall be clear of proposed sidewalk, developer shall relocate as necessary.
________________________________________________________________________________ City Council Hearing March 25, 2025 Page 12 of 24
E14. Encroachment Permit. Mission College Boulevard along the project frontage has been paved (type II slurry seal). No pavement cuts are permitted per the City pavement moratorium (Ordinance No. 1998) until after December 31, 2025 . Refer to https://www.santaclaraca.gov/our -city/departments-g-z/public- works/maintenance-operations/street-maintenance/pavement-preservation-ordinance for more information.

E15. Encroachment Permit. Pavement treatment shall be 2” overlay with digouts for the full street width of Freedom Circle.

E16. 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.

E17. 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.

E18. Easement. Record release of interest for “Agreement for installation and maintenance of landscape improvements” (C484 P109, SC14365), “Landscape improvement and maintenance easement” (C992 P12, SC14388), and “Agreement for installation and maintenance of landscape i mprovements” (C631 P680, SC14388-A).

E19. Easement. Dedicate private storm water overland release easements for overland flow crossing proposed property lines.

E20. Agreement. If requested, owner or designee 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.

E21. Building Permit. File letter of map amendment/revision with FEMA for portions of proposed structure within flood zone AH.

PUBLIC WORKS DEPARTMENT - STORMWATER

DESIGN / PERFORMANCE—PRIOR TO BUILDING PERMIT ISSUANCE
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. 3rd 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. Small Projects. For single-family homes and other small projects that create and/or replace 2,500 – 10,000 square feet of impervious surface area, the applicant shall implement at least one of the following site design measures:
a. Direction of roof runoff into cisterns or rain barrels ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 13 of 24
b. Direction of roof, sidewalk, walkway, patio, driveway, or parking lot runoff onto vegetated areas c. Construction of sidewalks, walkways, patios, bike lanes, driveways, and parking lots with permeable surfaces
Plans shall specify which site design measures are selected for the project and show the direction of flow from impervious surfaces to the selected site design measures. All measures shall meet the design criteria in the 2016 C.3. Stormwater Handbook, Appendix K: Standard Specifications for Lot-Scale Measures for Small Projects.

ST8. Interior Floor Drains. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.

ST9. 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.

ST10. Architectural Copper. The use of architectural copper is prohibited.

DURING CONSTRUCTION OR OPERATION
ST11. 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).

ST12. Stormwater Control Measure Inspection. At critical construction phases, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3 rd party consultant from the SCVURPPP List of Qualified Consultants.

ST13. Inspections. Permeable Pavement, Media Filter vaults, and Trash Full Capture Devices shall be inspected by a 3 rd 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.

ST14. 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).

ST15. 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.

ST16. 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.

ST17. 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
ST18. As-Built Drawings. As-Built drawing shall be submitted to the Public Works Department.

ST19. 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 3 rd party inspection report on the C.3 stormwater facility installation.

ST20. Final C.3 Inspection. Applicant shall schedule and City shall conduct a final C.3 inspection.

ST21. 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 ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 14 of 24
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.

PUBLIC WORKS DEPARTMENT - TRANSPORTATION

DESIGN—PRIOR TO BUILDING PERMIT ISSUANCE
TR1. Design. A transportation impact analysis is not required as the project is covered under the Freedom Circle Focus Area Plan TIA.

TR2. Design. A VMT analysis is not required as the project meets the criteria for a transit priority project.

However, should the provided number of parking stalls for the project exceed the amount required by City code, a VMT analysis will be required.

DURING CONSTRUCTION
TR3. Encroachment Permit. Project shall be responsible for implementing the improvements, if any, identified from the traffic operations analysis.

TR4. Encroachment Permit. Applicant shall install proposed crosswalk adjacent to the park located at the southern edge of the project site such that it is not located along a horizontal bend along Freedom Circle roadway and shall include safety features such as a raised crosswalk with flashing beacon.

TR5. Encroachment Permit. This project triggers improvements at the intersection of Freedom Circle (west)/Mission College based on findings per the Freedom Circle Focus Area Plan TIA. Based on the results of the requested traffic operations analysis, the applicant shall design and construct the following:

Freedom Circle (west)/Mission College – Add an eastbound right-turn lane; Remove west leg crosswalk; Relocate bus stops to the east side of the intersection; Restripe south leg (NB approach) with 1 left-turn, 1 left-turn/through, 1 right-turn lane; Make north leg and south leg split phase; Convert Hichborn Dr. to 2-way flow and add a signal at Great America Parkway. The signal at Great America/Hichborn must allow for left and right turns in and out. Provide connection to the existing fiber trunk along Great America Parkway and retime signals along Great America Parkway, i.e., synchronize signals, from Mission College to US 101 SB Ramps.

Such improvement may be subject to a reimbursement agreement for the portion of the cost of the improvements in excess of the construction costs required for the subdivision. The reimbursement agreement shall be subject to approval by the City Council at the time of considering any Final Map.”

TR6. Encroachment Permit. Design and construct a 8’ Class IV Bike lane (6’ bike lane (including gutter pan) and 2’ buffer with delineators) along both sides of Freedom Circle. Provide a 50’ wide Freedom Circle roadway which includes a 8’ Class IV bike lane, 11’ travel lane, 12’ center turn lane, 11’ travel lane, and 8’ Class IV bike lane. Coordination with the Greystar applicant is advised for the required 8’ Class IV bike lane along their project frontage.

TR7. Encroachment Permit. Project shall abide by all standards and elements contained in the Freedom Circle Focus Area Plan.

TR8. Encroachment Permit. At Mission College/Agnew Rd intersection, modify traffic signal by replacing all four existing Type 1 pole with Type 15TS pole. Remove all existing signals, head, buttons, wiring, and foundations and furnish and install new.

TR9. Encroachment Permit. At Mission College/Freedom Circle (west) intersection, modify traffic signal by replacing two existing Type 1 pole with Type 15TS pole. Remove all existing signals, head, buttons, wiring, and foundations and furnish and install new.

TR10. Encroachment Permit. Reconstruct project frontage corners of Mission College/Freedom Circle (west) and Mission College/Freedom Circle (east) to be 25-foot curb radius to be in compliance with Pedestrian Master Plan Policy 2.A.5. This would require traffic signal modifications to accommodate new corner radius and curb ramps.

TR11. Encroachment Permit. Design and construct minimum 5-foot sidewalk along Mission College Boulevard and Freedom Circle project frontages.

TR12. Encroachment Permit. All proposed driveways shall be City standard ST-8. ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 15 of 24
TR13. 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.

TR14. Encroachment Permit. Maintain street signage along Mission College Boulevard and Freedom Circle.

TR15. 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.

TR16. Encroachment Permit. Intersection safety lighting at the intersections of Mission College/Freedom Circle (east) and Mission College/Freedom Circle (west) shall be upgraded from HPS to LED on all four corners (if not currently LED).

TR17. Building Permit. Provide trash pickup location on-site.

TR18. Building Permit. Provide loading/unloading zone on-site.

TR19. Building Permit. Residential and Non-residential Class I bicycle parking spaces and Class II bicycle parking spaces shall be provided per the requirements in the adopted Santa Clara Zoning Code Update.

Bicycle parking, as defined in Santa Clara Municipal Code 18.74.075, sh all be conveniently accessible from the street, within 200 feet of a building entrance and/or highly visible area.

TR20. Fees. Prior to building permit occupancy, project shall pay fair share traffic fees in the amount of $410,660 for intersection improvements identified in the Freedom Circle Focus Area Plan TIA including at:
o Lawrence Expressway/Tasman Drive
o Lawrence Expressway/Lakehaven Drive
o Lawrence Expressway/US 101 SB Ramps
o Lawrence Expressway/Arques Avenue
o Great America Parkway/Patrick Henry Drive
o Patrick Henry Drive/Tasman Drive
o Old Ironsides Drive/Tasman Drive
o Great America Parkway/Great America Way
o Freedom Circle (east)/Mission College Boulevard
o Mission College Boulevard/Montague Expressway
o San Tomas Expressway/El Camino Real
o San Tomas Expressway/Scott Boulevard
o Lick Mill Boulevard/Tasman Drive
o Lafayette Street/Agnew Road
o Bowers Avenue/Central Expressway
o Scott Boulevard/Central Expressway
o Lafayette Street/Central Expressway
o De La Cruz Boulevard/Central Expressway
o Agnew Road/Montague Expressway
o Zanker Road/Montague Expressway
o North 1st Street/Montague Expressway
o Lawrence Expressway/Monroe Street
o Lawrence Expressway/Pruneridge Avenue
o Kiely Boulevard/Benton Street
o Kiely Boulevard/Homestead Road

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
________________________________________________________________________________ City Council Hearing March 25, 2025 Page 16 of 24
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.

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, compactor access, and 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. Ceiling height for compactor room shall be no less than 23 feet high. Roll up door to compactor room shall be no less than 21 feet. Vehicle shall have the ability to back straight in to compactor location.

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

DURING CONSTRUCTION OR OPERATION
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 ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 17 of 24
activities shall be uploaded to Green Halo and submitted for review and approval by Environmental Services. At a minimum two (2) weeks review time is required.

SILICON VALLEY POWER

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

SVP2. 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) SVP3. 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).

SVP4. 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).

SVP5. SVP Guy Anchor Clearances: Five (5) foot minimum clearance is required between the center of anchor line and any excavation area.

SVP6. 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.

SVP7. 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. Reference the listed SVP standards. All requirements of any applicable standard will apply:
a. UG1000 - Installation of Underground Substructures by Developers b. UG1250 – Encroachment Permit Clearances from Electric Facilities ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 18 of 24
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 customer’s 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 customer 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 Developer 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. Electrical improvements (including underground electrical conduits along frontage of properties) may be required if any single non-residential private improvement valued at $200,000 or for any series of such improvements made within a three-year period (Santa Clara City Code Title 17 Appendix A (Table III)).
d. The developer shall provide the City, in accordance with current City standards and specifications, all trenching, backfill, resurfacing, landscaping, conduit, junction boxes, vaults, street light foundations, equipment pads and subsurface housings required for power distribution, street lighting, and signal communication systems, as required by the City in the development of frontage and on-site property. Upon completion of improvements satisfactory to the City, the City shall accept the work. Developer shall further install at his cost the service facilities, consisting of ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 19 of 24
service wires, cables, conductors, and associated equipment necessary to connect a customer to the electrical supply system of and by the City. After completion of the facilities installed by developer, the City shall furnish and install all cable, switches, street lighting poles, luminaries, transformers, meters, and other equipment that it deems necessary for the betterment of the system (Santa Clara City Code chapter 17.15.210 (2)).

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 Developers responsibility to maintain all clearances from equipment and easements. Developer to contact SVP outside of the PCC process for clear definitions of these clearance requirements. Developers 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 Developer’s 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 Ele ctric 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

SVP15. 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.

SVP16. 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(s) to tie-in with existing infrastructure as deemed necessary by SVP.

SVP17. 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 SVP18. Customer Switchgear: All customers’ 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.

SVP19. AMI/Fiber Building Requirements: All projects implementing high rise metering and multi-floor infrastructure requirements shall meet the requirements outlined in UG 0250. Project may be required to take service at 277/480V to reduce the number of SVP transformers for each building.

SVP20. Cable Pulling Calculations: The project will be responsible for providing cable pulling calculations using SVP standard cable for each run of cable for the site. Conduit bends that exceed 270 degrees ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 20 of 24
worth of bends or can not be pulled based on the cable pulling calculations will need to be straightened out to reduce the total bend angle of the segment.

DURING CONSTRUCTION – PRIOR TO OCCUPANCY
SVP21. 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 developer shall grant to the City, without cost, all easements and/or right of way necessary for serving the property of the developer and for the installation of utilities (Santa Clara City Code chapter 17.15.110).

SVP22. Coordination Study: For any services taken at 12KV, a coordination study will need to be conducted by the applicant prior to energizing the service.

SVP23. Customer Switchgear: All customer 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.

SVP24. 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.

SVP25. Municipal Fee’s: Prior to electric service energization, all applicable fees per the City of Santa Clara’s Municipal Fee Schedule shall be paid.

SVP26. Special Fee’s: Any developments which can’t adhere to SVP standards, resulting in non-standard installations or equipment requirements will be responsible for any costs incurred by SVP.

SVP27. System Impact Study – The project is subjected to the restrictions and fees within the system impact study issued on Oct. 22, 2024.

OPERATIONAL CONDITIONS – AFTER OCCUPANCY
SVP28. Access: SVP will require 24-hour unobstructed access to all SVP equipment, manholes, transformers, vaults, meters, 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 Recy cled Water regulations.

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

W2. On-site Recycled Water Construction. Construction and installation of all on-site recycled water system equipment shall not begin until the Compliance Division of Water and Sewer Utilities has approved the on-site recycled water design. Please note on-site designs are generally not the same as the Building Permit plans. On-site recycled water plans require SBWR and California State Water Resources Control Board, Division of Drinking Water signatures for final approval.

W3. On-site Recycled Water Inspection. Inspections are required at all on-site recycled water systems being installed prior to backfilling trenches or cover in walls and ceilings. Request a recycled water inspection by email [email protected] or call (408) 615-2002. Please provi de the site location, SBWR project ID, and date and time preferences. These inspections are in addition to the Building Permit inspections.
a. Need to verify separations between all potable/fire lines and recycled water lines, pipe type, pipe depths, equipment types, warning lids, tags and signs.
________________________________________________________________________________ City Council Hearing March 25, 2025 Page 21 of 24
W4. Potable Water Main. The applicant shall replace the existing water main on the Mission College Boulevard frontage. This requirement may be exempt if no more than 3 services taps or cut-ins are proposed on the existing AC 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. Recycled Water Main. The project shall install a new 8" DIP recycled water main on Freedom Circle Blvd. extending from the south eastern intersection of Mission College Blvd. and Freedom Circle and from the north western intersection of Mission College Blvd and Freedom Circle to the furthest RW services from both intersections respectively.

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 i n 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 serv ices, 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- of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on 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.
________________________________________________________________________________ City Council Hearing March 25, 2025 Page 22 of 24
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 water-using 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-of-way without overlapping any public utility easement.

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

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
________________________________________________________________________________ City Council Hearing March 25, 2025 Page 23 of 24
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 D irector 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
ST = Stormwater
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: _________________________________________________ ________________________________________________________________________________ City Council Hearing March 25, 2025 Page 24 of 24

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.