Agenda packet — City Council and Authorities Concurrent, June 10, 2025 (part 4 of 8)

5.22 MANDATORY FINDINGS OF SIGNIFICANCE
February 2023 5.22-3 MND/Initial Study
maintenance of ozone or carbon monoxide (CO) standards. Foundation excavation and other constructionrelated activities could potentially expose sensitive receptors to construction-related emissions, including emissions of fugitive dust, DPM, and other toxic air contaminants, which would expose the receptors to increased health risk and hazards. These would occur only during construction and would be less than significant with implementation of mitigation measure MM AQ-1 (Implement Basic Construction Air Quality Mitigation). Any potential adverse cumulative air quality impacts would be short-term (lasting for the duration of construction) and would not be cumulatively considerable; therefore, the cumulative impact would be less than significant. The operation and maintenance emissions (e.g., limited vehicle use) would be less than the emissions during construction activities and also less than the significance thresholds.

Concurrent construction of other projects in close proximity to the proposed project would result in increased local air quality impacts for the duration of simultaneous construction activities. However, simultaneous construction projects would also need to comply with BAAQMD rules and regulations regarding criteria pollutants. Any potential adverse cumulative air quality impacts would be short-term (lasting for the duration of construction) and would not be cumulatively considerable; therefore, the cumulative impact would be less than significant.

Biological Resources. The proposed project and the cumulative projects are located within an urbanized area and near busy roadways. Due to the highly disturbed landscape, no habitat for special-status plant or wildlife species remains on the proposed project site. Therefore, construction and operation and maintenance of the proposed project would have no impacts to special-status plants or their habitat. The disturbed habitat conditions in the northeast area of the City of Santa Clara have limited wildlife habitat value. There is the potential for birds to nest in nearby trees during nesting season. Mitigation measures MM BIO-1 (Biological Monitoring), MM BIO-2 (Worker Environmental Awareness Training), and MM BIO-3 (Preconstruction Nesting Bird Surveys and Nest Protection) would ensure the impacts to nesting birds are less than significant. Some special-status birds may use the vicinity of project site for foraging, but the habitat is marginal and the potential for occurrence of these species is very low. Trees that are proposed to be removed as part of the project would be replaced at the discretion of the City Arborist. The project would not represent a significant contribution to cumulative impacts. Given the built-up nature of the City, other cumulative projects in the vicinity have limited biological resources. Impacts to biological resources during operation and maintenance of the substation would be the same as those during current operation and maintenance practices; therefore, no contribution to cumulative impacts would occur.

Cultural Resources. There are no known historical or unique archaeological resources identified within the proposed project area; however, previously unknown buried historical resources or human remains could be discovered and damaged, or destroyed, during ground disturbing work. Short-term construction activities and operation and maintenance activities would not significantly affect any unknown cultural or paleontological resources or human remains with the implementation of mitigation measures MM CR-1 (Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources) and MM CR-3 (Treatment of Human Remains), as discussed in Section 5.5, Cultural Resources. No cultural resources would be affected during project construction or during operation of the project, and no contribution to cumulative impacts would occur.

Energy. An objective of the proposed project is to respond to the growth of electrical load of SVP’s customers. The proposed project would achieve this objective by facilitating an increase in the capacity of SVP’s transmission system to transfer electrical power to its customers. Energy (electricity, diesel fuel, and gasoline) would be used during construction. Equipment used would comply with mandated efficiency standards and there would be no wasteful, inefficient, or unnecessary consumption of energy resources.

Operation and maintenance activities associated with the substation would be similar in nature to existing SVP Homestead Substation Rebuild Project

5.22 MANDATORY FINDINGS OF SIGNIFICANCE
February 2023 5.22-4 MND/Initial Study
O&M activities. By increasing the capacity of the substation, the project would serve existing and future demand from California’s end users. The proposed project would not conflict with any state or local plan for prioritizing renewable energy or energy efficiency. This impact would be less than significant, there would be no considerable contribution to a cumulative impact associated with energy.

Geology and Soils. As discussed in Section 5.7, the proposed project would be located in an area mapped as likely to experience strong ground shaking, including ground shaking that could result in liquefactionrelated phenomena and erosion. Projects in the vicinity of the Homestead Substation would also be located in areas mapped as likely to experience strong ground shaking potentially combining to expose people or structures to potential significant cumulative impacts. All construction would be required to comply with building code standards that take into account effects of seismic events. For the proposed project, implementation of mitigation measure MM G-1 (Conduct Geotechnical Investigations for Liquefaction), which would ensure that project design would reduce the potential for liquefaction to affect the project. Similarly, mitigation measure MM G-2 (Conduct Geotechnical Investigations for Expansive Soils) would address any risk associated with expansive soils. The project would not increase potential risks associated with seismic events or other geologic hazards. Short-term construction impacts to soils, including unstable soils, have the potential to occur; however, final geotechnical recommendations would reduce the impacts to a less than significant level and the proposed project impacts are not considerable enough to represent a significant cumulative impact. Adherence to similar design and engineering standards, which are applicable to the identified cumulative projects, ensure that their cumulative impacts to geology and soils would also be less than significant.

There is a limited potential for paleontological resources to occur on the site. Mitigation measure MM G-3 (Work Training and Management of Unanticipated Discoveries of Paleontological Resources) would ensure any potential impacts are less than significant and would not contribute to a cumulatively considerable impact.

Greenhouse Gas Emissions. Greenhouse gas (GHG) emissions would result from the burning of fuels required to operate construction equipment and vehicle use during construction activities. Primary GHG emissions during construction are associated with CO2 from the combustion of gasoline and diesel fuel in equipment and vehicles. CH4 and N2O are also emitted from fuel combustion but at rates of less than 1 percent of the mass of CO2 combustion emissions. Construction-related emissions would be distributed over 30 months. These estimated levels would not exceed the threshold level of 25,000 metric tons per year for annual mandatory reporting of GHGs. Any potential adverse GHG impacts would be short-term and not cumulatively considerable; therefore, GHG emissions during construction would have a less than significant cumulative impact.

GHG emissions from operation and maintenance would be minimal, as the substation would require only infrequent maintenance. The small amount of emissions created during construction and operation and maintenance would result in a relatively minor incremental change in cumulative conditions and would not significantly contribute to cumulative impacts.

Hazards and Hazardous Materials. The use of hazardous materials for the project would be minimal during construction and operation. Hazardous materials would be stored and used in compliance with applicable regulations. The project would not result in an increase in usage of hazardous materials.

Impacts from routine use, transportation, disposal, and accidental spillage of hazardous materials would be reduced to a less than significant level with implementation of mitigation measure MM HM-1 (Hazardous Substance Control and Emergency Response) discussed in Section 5.9, Hazards and Hazardous Materials; no contribution to cumulative impacts would occur.

SVP Homestead Substation Rebuild Project

5.22 MANDATORY FINDINGS OF SIGNIFICANCE
February 2023 5.22-5 MND/Initial Study
Hydrology and Water Quality. The project would not change existing drainage patterns at the site, which covered in crushed stone. The proposed project would require minimal water for dust control and concrete during construction. Dewatering during foundation excavation is possible, but not anticipated.

In the event that dewatering is necessary, the water would be pumped out and treated and encountered groundwater would be tested to meet requirements set by the Regional Water Quality Control Board (RWQCB). Implementation of Mitigation measures MM HYD-1 (SWPPP or Erosion Control Plan Development and Implementation) and MM HM-1 (Hazardous Substance Control and Emergency Response) would ensure that erosion, sedimentation, or an accidently spill would not significantly affect water quality. With implementation of this mitigation, the Project’s hydrology and water quality impacts are less than significant and are not considerable enough to represent a significant cumulative impact.

Land Use. The proposed project is consistent with local zoning. The project would rebuild an existing use within the existing site. In addition, the proposed project, as well as the cumulative projects, are required to minimize any impacts to state and federally listed species and/or habitats through compliance with CEQA, the federal ESA, the CESA, and/or applicable local habitat conservation plans. The project would, therefore, not conflict with applicable land use policies and regulations and would not contribute to cumulative impacts to land use.

Mineral Resources. No commercial mineral resources are known to exist within the proposed project site or vicinity. Therefore, the proposed project would not result in the loss of availability of a known mineral resource. The project would not contribute to potential cumulative impacts that may result in the loss of mineral resources.

Noise. The proposed project is not expected to contribute to a long-term cumulative impact on ambient noise levels in the area. Noise from construction activities would be audible to nearby businesses and residences, but construction would be limited to daytime hours and would be short-term. Impacts from noise to nearby sensitive receptors (e.g., residences and schools) would be less than significant through compliance with applicable noise codes. It is assumed that the cumulative projects would also be constructed during daytime. There would be a limited potential for the projects to have overlapping construction schedules for an extended duration that could result in substantial levels of combined construction noise. They are not in close proximity to the substation site such that noise from one project would combine with that of another project to create a nuisance. These projects are not likely to combine with noise generated from the construction of the Homestead Substation project to create significant adverse effects since noise reduces rapidly with distance.

Population and Housing. The proposed project would not result in impacts to population and housing.

During its construction, the project would provide short-term jobs for a small workforce. Construction workers would be existing local SVP staff and contracted workers from the region. These jobs are not anticipated to result in workers relocating to the area. The project would not displace any existing housing or people. The proposed project, combined with the cumulative projects will have the potential to increase the population in the area due to increased job or housing opportunities. The proposed project itself can facilitate future planned growth by ensuring a reliable transmission system to the area. While the development of these properties may induce some population growth, this has already been accounted for through the General Plan for the City of Santa Clara. The rebuilt substation is proposed to increase system reliability and to serve planned growth in the area. The project’s population and housing impacts would be less than significant and are not considerable enough to represent a significant cumulative impact.

Public Services. The proposed project would not interrupt fire or police protection services, schools, access to public parks, or other public facilities nor would it require the construction of new public service facilities. The completion of the projects in the vicinity may have the potential to also increase the demand SVP Homestead Substation Rebuild Project

5.22 MANDATORY FINDINGS OF SIGNIFICANCE
February 2023 5.22-6 MND/Initial Study
for public services and public facilities, including schools, parks, and fire and police protection. However, impacts from the substation rebuild project on public services would be incremental and would not contribute to a cumulatively significant impact.

Recreation. Although some workers may use nearby park facilities during project construction; however, increased use would be minimal and temporary and would not contribute substantially to the physical deterioration of existing facilities. The cumulative projects also have the potential to increase use of park facilities, but the increased use would also be minimal. The projects would have less than significant effects on recreation and would not contribute to cumulative effects associated with other projects.

Transportation and Traffic. Construction of the proposed project would have the potential for temporary impacts to traffic volumes, level-of-service standards, road hazards, and emergency access. Use of local roads for transport of construction equipment and construction personnel would increase traffic slightly but would be temporary and short-term and would not exceed existing capacities. Impacts due to traffic and temporary lane closures as a result of the construction of the proposed project would be reduced to a less than significant level with implementation of mitigation measure MM T-1 (Construction Traffic Control Plan) discussed in Section 5.17, Transportation and Traffic. Impacts from the proposed project, combined with construction of the cumulative projects would have the potential to cumulatively impact transportation and traffic in the surrounding area; however, the construction schedules of the projects and that of the proposed project would be variable. The potential for the planned and current projects in the vicinity to require lane closures simultaneously would be a remote possibility and would be limited in duration and location. Adherence to mitigation measure MM T-1 (Construction Traffic Control Plan) would ensure that the proposed project’s cumulative impacts to traffic and transportation would be incremental, short-term, and less than significant.

Tribal Cultural Resources. There are no known Tribal Cultural Resources (TCRs) listed in, or are known to be eligible for listing in, the California Register of Historical Resources (CRHR) or local register of historical resources within the proposed project site or surrounding area. However, it is possible that previously unidentified TCRs that may be eligible for inclusion in the CRHR or local registers could be discovered and damaged, or destroyed, during ground disturbance, which would constitute a significant impact absent mitigation. Implementation of mitigation measure MM TCR-1 (Management of Unanticipated Tribal Cultural Resources), discussed in Section 5.18 (Tribal Cultural Resources), would ensure evaluation and protection of unanticipated TCR discoveries. Adherence to this mitigation measure would ensure that no tribal cultural resources would be affected during project construction or during operation of the project, and no contribution to cumulative impacts would occur.

Utilities and Service Systems. The construction of the proposed project would temporarily require a minimal water supply and would potentially generate wastewater that would be appropriately treated.

Construction would require the disposal of a less than significant amount of all types of waste. No expanded utility facilities or services would be needed for the project and use and disposal of all water and waste products would comply with all applicable laws and regulations. Operation and maintenance of the rebuilt substation would not require any water consumption. Therefore, a less than significant contribution to cumulative impacts to utilities and service systems would occur.

Corona and Induced Current Effects. No other planned or current project in the vicinity of the proposed project, besides the proposed project, will result in corona or induced current effects due to the nature of the purpose and design of those projects. The proposed project will not contribute to a cumulative impact to corona and induced current effects.

SVP Homestead Substation Rebuild Project

5.22 MANDATORY FINDINGS OF SIGNIFICANCE
February 2023 5.22-7 MND/Initial Study
a. Does the project have environmental effects, which would cause substantial adverse effects on human beings, either directly or indirectly?
LESS THAN SIGNIFICANT WITH MITIGATION INCORPORATED. The proposed project would not substantially adversely affect human beings directly or indirectly. The Initial Study identified no environmental effects that would cause substantial adverse effects on human beings. Adverse effects would be mitigated by implementation of mitigation measures and, in most instances, would be short-term construction impacts. Each type of impact with the potential to cause substantial adverse effects on human beings has been evaluated, and this Initial Study concludes that all of these potential impacts are either less than significant or can be mitigated to a less than significant level with the implementation of measures presented herein. (See Section 6, Mitigation Monitoring and Reporting Program, for a complete listing of the mitigation measures.) Therefore, the proposed project does not involve any activities, either during construction or operation, which would cause significant adverse effects on human beings that cannot be readily mitigated to a less than significant level. The proposed operation and maintenance activities would be the same as current operation and maintenance practices for the existing substation, which have minimal impacts on human beings. The potential beneficial effects of the project include improving the reliability and capacity of the existing transmission system in the City of Santa Clara.

SVP Homestead Substation Rebuild Project

6. MITIGATION MONITORING AND REPORTING PROGRAM
February 2023 6-1 MND/Initial Study

6. Mitigation Monitoring and Reporting Program
This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City of Santa Clara and SVP to ensure that the mitigation measures adopted as a condition of project approval are implemented.

The MMRP is consistent with CEQA Guidelines (Sections 15074(d), 15091(d), and 15097) for the implementation of mitigation.

SVP will be responsible for monitoring the implementation of the mitigation measures presented in Table 6-1).

SVP will designate specific personnel to implement and document all aspects of the MMRP. SVP will ensure that the designated personnel have authority to enforce mitigation requirements and will be capable of terminating project construction activities found to be inconsistent with mitigation objectives. Additionally, SVP will be responsible for ensuring that construction personnel understand their responsibility to adhere to the MMRP requirements and other contractual requirements related to the implementation of mitigation.

SVP Homestead Substation Rebuild Project

6. Mitigation Monitoring and Reporting Program
February 2023 6-1 MND/Initial Study
Table 6-1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
Air Quality
ConstructionPhase Air QualityMM AQ-1. Implement Basic Construction Air Quality Mitigation The project shall ensure that basic construction emissions control measures are implemented as “Best Management Practices,” as follows:
▪ All exposed soil surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered two times per day.
▪ All haul trucks transporting soil, sand, or other loose material off-site shall be covered. ▪ All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. ▪ All areas to be paved shall be completed as soon as possible. Foundation pads shall be laid as soon as possible after grading.
▪ Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage regarding idling shall be provided for construction workers at all access points.
▪ All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
▪ Post a publicly visible sign with the telephone number and person to contact at SVP regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

Emissions from
construction equipment
exhaust are reduced
During construction
Biological Resources
Nesting Birds MM BIO-1. Biological Monitoring. A qualified biologist will be assigned to the project and will monitor the project periodically. The qualified biologist will be the point of contact for any employee or contractor who might inadvertently kill or injure a special-status species or anyone who finds a dead, injured, or entrapped individual. The qualified biologist or biological monitor shall have the authority and responsibility to halt any project activities that are not in compliance with applicable mitigation measures, permit conditions, or other project requirements, or will have an unauthorized adverse effect on biological resources.

Monitor implementation
of specified biological
monitor activities
Prior to and
during
construction
Nesting Birds MM BIO-2. Worker Environmental Awareness Training. Prior to construction, a construction employee education program will be conducted in reference to all sensitive environmental resources potentially affected by site work (e.g., air quality, biological resources, cultural resources, hydrology and water quality, hazardous materials) and the measures associated with their protection (i.e., mitigation measures and applicable laws and regulations).

6. Mitigation Monitoring and Reporting Program
February 2023 6-2 MND/Initial Study
Table 6-1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
young are present in the nest. Upon discovery of active nests, Silicon Valley Power’s biological monitor will determine if there is need for a buffer or shield to minimize disturbance of the nest. Upon this determination and execution of any required minimization action, work may proceed. The extent of mitigation will be based upon: acclimation of the species or individual to disturbance, nest type (cavity, tree, ground, etc.), and level and duration of construction activity. If there is a period of 7 or more days during nesting season in which construction does not occur, a new survey shall be undertaken to determine if any nests have been established.

In the unlikely event a special-status or listed species is found nesting nearby, CDFW and USFWS will be notified and the City of Santa Clara will be provided with nest survey results, if requested. When active nests are identified, monitoring for significant disturbance to the birds will be implemented.

Cultural Resources
Unanticipated
Discoveries of
Historical
Resources or
Unique
Archaeological
Resources
MM CR-1. Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. SVP shall conduct a worker environmental awareness program (WEAP) for project personnel who, during the course of project work, might encounter or alter historical resources or important/unique archaeological materials. This program may be combined with any similar required program, such as for biological resources. The WEAP may include a kickoff tailgate session that describes how to identify cultural resources and what to do if an unanticipated discovery is made during construction, presents site avoidance requirements and procedures to be followed if unanticipated cultural resources are discovered during project construction, and includes a discussion of disciplinary and other actions that could be taken against persons violating historic preservation laws and SVP policies.

If previously unidentified cultural resources are identified during construction, construction work within 100 feet of the find shall be halted and directed away from the discovery until a Secretary of the Interior qualified archaeologist assesses the significance of the resource. The archaeologist, in consultation with the City of Santa Clara, State Historic Preservation Officer, any interested Tribes, and any other responsible public agency, shall make the necessary plans for treatment of the find(s) and for the evaluation and mitigation of impacts if the finds are found to be eligible to the National or California Registers, qualify as a unique archaeological resource under California Environmental Quality Act Section 21083.2, or are determined to be tribal cultural resource as defined in Section 21074.

Review and attend worker
environmental awareness
program; Monitor
implementation of
unanticipated discovery
protocols
Prior to
construction and
during construction
Unanticipated
Discoveries of
Human Remains
MM CR-2. Treatment of Human Remains. Any human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immediately, nothing is to be disturbed, and the area must be secured. The Santa Clara County Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager/owner of the site is to be called and informed of the discovery. If the remains are located on federal lands, federal land managers, federal law enforcement, and the federal archaeologist must be informed as well, due to complementary jurisdiction issues. It is very important that the suspected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/ historic or of modern origin and if there are any criminal or jurisdictional questions.

After the Coroner has determined the remains are archaeological/historic-era, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for Monitor implementation of
human remain discovery
protocols
During construction
SVP Homestead Substation Rebuild Project

6. Mitigation Monitoring and Reporting Program
February 2023 6-3 MND/Initial Study
Table 6-1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
the excavation, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.

The NAHC will immediately notify the person it believes to be the most likely descendant (MLD) of the remains. The MLD has 48 hours to make recommendations to the landowner for treatment or disposition of the human remains. If the descendant does not make recommendations within 48 hours, the landowner shall reinter the remains in an area of the property secure from further disturbance. If the landowner does not accept the descendant’s recommendations, the owner or the descendant may request mediation by NAHC.

According to the California Health and Safety Code, six (6) or more human burials at one (1) location constitute a cemetery (Section 8100), and willful disturbance of human remains is a felony (Section 7052).

Geology and Soils
SeismicallyInduced
Liquefaction
MM G-1. Conduct Geotechnical Investigations for Liquefaction. Because seismically induced liquefactionrelated ground failure has the potential to damage or destroy project components, the design-level geotechnical investigations to be performed by SVP shall include investigations designed to assess the potential for liquefaction to affect the new project poles and substation components at the project site.

Where liquefaction hazards are found to exist/verified, appropriate engineering design and construction measures shall be incorporated into the project designs as deemed appropriate by the project engineer.

Design measures that would mitigate liquefaction-related impacts could include bigger foundations, installation of flexible bus connections, and/or incorporation of slack in cables to allow ground deformations without damage to structures.

Ensure a design-level
geotechnical investigation
is performed
At least 60 days
before final Project
design
Expansive Soils MM G-2. Conduct Geotechnical Investigations for Expansive Soils. Because expansive soils have the potential to damage or destroy project components, the design-level geotechnical investigations to be performed by SVP shall include investigations designed to assess the potential for expansive soils to affect the new project components at the project site. Where expansive soils are found to exist, appropriate engineering design and construction measures shall be incorporated into the project designs as deemed appropriate by the project engineer. Design measures that would mitigate impacts from expansive soil could include over-excavation and replacement with engineered fill or soil improvements.

Ensure a design-level
geotechnical investigation
is performed
At least 60 days
before final Project
design
Unanticipated
Discoveries of
Paleontological
Resources
MM G-3. Worker Training and Management of Unanticipated Discoveries of Paleontological Resources. In the event that unanticipated paleontological resources or unique geologic resources are encountered during ground-disturbing or other construction activities, a paleontologist must be retained who meets the professional paleontologist qualifications (Society of Vertebrate Paleontology’s Standard Procedures, 2010) and has demonstrated experience in carrying paleontological projects to completion. This qualified paleontologist must develop and implement a Paleontological Resources Management Plan (PRMP) for the project area that meets the standards set forth by the Society of Vertebrate Paleontology (2010). This shall include:
▪ A Worker Environmental Awareness Program (WEAP) wherein all construction personnel are trained on the processes to be followed upon encountering any fossils.

Review Paleontological
Resource Monitoring
Program; Monitor
implementation of
Program
Prior to
construction and
during construction
SVP Homestead Substation Rebuild Project

6. Mitigation Monitoring and Reporting Program
February 2023 6-4 MND/Initial Study
Table 6-1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
▪ A monitoring plan for ground disturbing activities that provides the monitor(s) with the authority to temporarily halt or divert equipment. Monitors shall be onsite for any disturbance of sediments with high or unknown paleontological sensitivity. Monitors must have demonstrated sufficient paleontological training and field experience to have acceptable knowledge and experience of fossil identification, salvage and collection methods, paleontological techniques, and stratigraphy. ▪ A recovery plan for significant fossils that provides for the treatment of specimens to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates.
▪ A specimen identification, analysis, and curation plan that includes identification to the lowest taxonomic level possible; taxonomic, taphonomic, and biostratigraphic analysis; and curation to the standards of the repository where they will be curated.

Hazards and Hazardous Materials
Hazardous
Substances
Control
MM HM-1. Hazardous Substance Control and Emergency Response. SVP shall implement its hazardous substance control and emergency response. procedures as needed. These procedures identify methods and techniques to minimize the exposure of the public and site workers to potentially hazardous materials during all phases of project construction through operation. They address worker training appropriate to the site worker’s role in hazardous substance control and emergency response. The procedures also require implementing appropriate control methods and approved containment and spill-control practices for construction and materials stored on site. If it is necessary to store chemicals on site, they shall be managed in accordance with all applicable regulations. Material safety data sheets shall be maintained and kept available on site, as applicable.

All hazardous materials and hazardous wastes shall be handled, stored, and disposed of in accordance with all applicable regulations, by personnel qualified to handle hazardous materials. The hazardous substance control and emergency response procedures include, but are not limited to, the following:
▪ Proper disposal of potentially contaminated soils.
▪ Establishing site-specific buffers for construction vehicles and equipment located near sensitive resources.
▪ Emergency response and reporting procedures to address hazardous material spills. ▪ Stopping work at that location and contacting the City Fire Department Hazardous Materials Division immediately if visual contamination or chemical odors are detected. Work will be resumed at this location after any necessary consultation and approval by the Hazardous Materials Division.

Collect and analyze soil
samples and, if
contamination is
discovered, ensure that
construction activities are
conducted according to
SVP’s hazardous
substance control and
emergency response
procedures
Prior to
construction and
during construction
SVP Homestead Substation Rebuild Project

6. Mitigation Monitoring and Reporting Program
February 2023 6-5 MND/Initial Study
Table 6-1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
SVP shall complete its Emergency Action Plan Form as part of project tailboard meetings. The purpose of the form is to gather emergency contact numbers, identify first aid locations and provide other tailboard safety information.

Hydrology and Water Quality
Water Quality MM HYD-1. SWPPP or Erosion Control Plan Development and Implementation. Following project approval, SVP will prepare and implement a SWPPP, if required by State law, or erosion control plan to minimize construction impacts on surface water and groundwater quality. Implementation of the SWPPP or erosion control plan will help stabilize graded areas and reduce erosion and sedimentation. The plan will designate BMPs that will be adhered to during construction activities. Erosion and sediment control measures, such as straw wattles, covers, and silt fences, will be installed before the onset of winter rains or any anticipated storm events. Suitable stabilization measures will be used to protect exposed areas during construction activities, as necessary. During construction activities, measures will be in place to prevent contaminant discharge.

The project SWPPP or erosion control plan will include erosion control and sediment transport BMPs to be used during construction. BMPs, where applicable, will be designed by using specific criteria from recognized BMP design guidance manuals. Erosion-minimizing efforts may include measures such as properly containing stockpiled soils.

Erosion control measures identified will be installed in an area before construction begins during the wet season and before the onset of winter rains or any anticipated storm events. Temporary measures such as silt fences or wattles, intended to minimize sediment transport from temporarily disturbed areas, will remain in place until disturbed areas have stabilized. The plan will be updated during construction as required by the SWRCB.

Ensure a SWPPP is
prepared and
implemented, or if a
SWPPP is not required,
ensure that an erosion
control plan is developed
and implemented to
minimize construction
impacts on surface water
and groundwater quality
Prior to and during
construction
Traffic/Transportation
Traffic Control MM T-1. Construction Traffic Control Plan. Prior to the start of construction, Silicon Valley Power (SVP) shall prepare and submit a Construction Traffic Control Plan for review and approval to the City of Santa Clara (City) Planning Department for public roads and transportation facilities that would be directly affected by the construction activities and/or would require permits and approvals. SVP shall submit the Construction Traffic Control Plan to the City prior to conducting activities covered in the traffic control permits. The Construction Traffic Control Plan shall include, but not be limited to:
▪ Identification of any routes that would require lane closures or detours to accommodate material and equipment deliveries and methods to ensure safety.
▪ Avoidance of peak travel hours (8:00 10:00 a.m. and 4:00 6:00 p.m.) to the maximum extent feasible. ▪ Plans to coordinate in advance with emergency service providers to avoid restricting the movements of emergency vehicles. Police departments and fire departments shall be notified in advance by SVP of the Ensure that a Construction
Traffic Control Plan is
submitted by SVP and
approved by the City of
Santa Clara
Prior to
construction
SVP Homestead Substation Rebuild Project

6. Mitigation Monitoring and Reporting Program
February 2023 6-6 MND/Initial Study
Table 6-1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
proposed locations, nature, timing, and duration of any roadway disruptions, and shall be advised of any access restrictions that could impact their effectiveness. At locations where roads will be blocked, provisions shall be ready at all times to accommodate emergency vehicles. ▪ Plans to coordinate in advance with property owners, if any, that may have limited access to properties.

Tribal Cultural Resources
Unanticipated
Tribal Cultural
Resources
MM TRC-1. Management of Unanticipated Tribal Cultural Resources. During project-level construction, should subsurface tribal cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist and an authorized tribal representative shall be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5 and Section 21074. If any find is determined to be significant, the archaeologist shall determine, in consultation with the implementing agency and any local Native American groups expressing interest, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to tribal cultural resources. Methods of avoidance may include, but shall not be limited to, project reroute or redesign, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, such as data recovery or other appropriate measures, in consultation with the implementing agency and any local Native American representatives expressing interest in the tribal cultural resource.

7. REFERENCES
February 2023 7-1 MND/Initial Study

7. References
Aesthetics
Caltrans (California Department of Transportation). 2021. “California Scenic Highway System Map” https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc 8e8057116f1aacaa. Accessed December 17, 2021.

Agricultural Resources
DOC (California Department of Conservation). 2017. Williamson Act Program Map. https://planning. lacity.org/eir/HollywoodCenter/Deir/ELDP/(E)%20Initial%20Study/Initial%20Study/Attachment %20B%20References/California%20Department%20of%20Conservation%20Williamson%20 Map%202016.pdf. Accessed December 10, 2021.
_____. 2016. California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP/CIFF/.

Accessed December 10, 2021.

Air Quality
ARB (Air Resources Board). 2016. Ambient Air Quality Standards Chart. https://ww2.arb.ca.gov/sites/ default/files/2020-07/aaqs2.pdf. Accessed February 2, 2022.

Aspen (Aspen Environmental Group). 2022. AQ and GHG Emissions Summary, Homestead Substation Rebuild. From: CalEEMod.2020.4.0; Date: 1/19/2022.

BAAQMD (Bay Area Air Quality Management District). 2017. Air Quality and Attainment Status, updated January 2017. http://www.baaqmd.gov/research-and-data/air-quality-standards-and-attainmentstatus. Accessed December 17, 2021.

Biological Resources
City of Santa Clara. 2014. City of Santa Clara General Plan. City Council adopted on November 16, 2010.

Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed December 10, 2021.

Cultural Resources
Broek, J.O.M. 1932. The Santa Clara Valley, California: A Study in Landscape Changes. N.v.A. Oosthoek’s Utig. Maadtij, Utrecht.

Clark, M.R. 1989. Evaluative Archaeological Investigations at the San Bruno Mountain Mound Site, CA-SMA-40, South San Francisco, California. Report on file, Northwest Information Center, Sonoma State University, Rohnert Park, CA.

Cutter, D.C. 1978. Plans for the Occupation of Upper California: A New Look at the “Dark Age” from 1602 to 1769. Journal of San Diego History 24(1):78-90.

SVP Homestead Substation Rebuild Project

7. REFERENCES
February 2023 7-2 MND/Initial Study
Findlay, J.M. and D.M. Garaventa. 1983. Archaeological Resources of Downtown San Jose: A Preliminary Planning Summary of Prehistoric and Historic Sites in the Central Business District. MS on file, S-5905, CHRIS/NWIC, CSU Sonoma, Rohnert Park.

Fitzgerald, R.T. and J. Porcasi. 2003. The Metcalf Site (CA-SCL-178) and Its Place in Early Holocene California Prehistory. Society for California Archaeology Newsletter 37(4):27-31.

Fitzgerald, R.T. 1993. Archaic Milling Cultures of the Southern San Francisco Bay Region. Archives of California Prehistory 35. Coyote Press, Salinas.

Hart, J.D. 1987. A Companion to California (revised and expanded). Oxford University Press, New York.

Heizer, R.F. 1952. A Review of Problems in the Antiquity of Man in California. In Symposium of the Antiquity of Man in California, pp. 1-10. Reports of the University of California Archaeological Survey No. 16:3-17.
_____. 1950. Observations on Early Man in California. In Papers on California Archaeology: 1-5, pp. 5-10.

Reports of the University of California Archaeological Survey No.7, Berkeley. _____. 1949. The Archaeology of Central California, L· The Early Horizon. University of California Anthropological Records. University of California Press, Berkeley. 12(1):1-84.

Heizer, R.F., and S.F. Cook. 1953. “Capay Man,” An Ancient Central California Indian Burial. In Papers on California Archaeology: 21-26, edited by Richard F. Heizer. Reports of the University of California Archaeological Survey 22:24-26, University of California, Berkeley, Department of Anthropology.

Hendry, G.W. and J.N. Bowman. 1940. The Spanish and Mexican Adobe and Other Buildings in the Nine San Francisco Bay Counties, 1776 to about 1850 (and associated maps). MS on file, Bancroft Library, University of California, Berkeley.

Hildebrandt, W.R. 1983. Archaeological Research of the Southern Santa Clara Valley Project: Based on a Data Recovery Program from Sites CA-SCl-54, CA-SCl-163, CA-SCl-178, CA-SCl-237, and CA-SCl241 Located in the Route 101 Corridor, Santa Clara County, California. Submitted to California Department of Transportation, District 4, San Francisco. Report S-6369. On file at the Northwest Information Center, Sonoma State University, Rohnert Park, CA.

Levy, R. 1978. Costanoan. In California, edited by R.F. Heizer, Volume 8. Handbook of North American Indians, W.G. Sturtevant, general editor, pp. 485-497. Smithsonian Institution, Washington, D.C.

Lillard, J.B., R.F. Heizer, and F. Fenenga. 1939. An Introduction to the Archaeology of Central California.

Sacramento Junior College Department of Anthropology Bulletin 2. Board of Education of the Sacramento City Unified School District, Sacramento, California.

Meighan, C.W. 1965. Pacific Coast Archaeology. The Quaternary of the United States, edited by H.E.

Wright and D.G. Frey.

Winter, J.C. 1935. Archaeological Investigations at CA-SCl-128, The Holiday Inn Site. For the Ohlone People and the Redevelopment Agency of the City of San Jose, California. MS on file, S-5281, CHRIS/NWIC, CSU Sonoma, Rohnert Park.

Energy
CEC (California Energy Commission). 2022a. 2020 Power Content Label for City of Santa Clara/Silicon Valley Power. https://www.energy.ca.gov/filebrowser/download/3852. Accessed February 3, 2022.

SVP Homestead Substation Rebuild Project

7. REFERENCES
February 2023 7-3 MND/Initial Study
_____2022b. Electricity Consumption by Entity. http://www.ecdms.energy.ca.gov/elecbyutil.aspx.

Accessed February 3, 2022.

CPUC (California Public Utilities Commission). 2008. Energy Action Plan, 2008 Update. February. http:// www.cpuc.ca.gov/eaps/.

City of Santa Clara. 2020. Utility Fact Sheet. Electric Utility: City of Santa Clara. January–December 2020. http://www.siliconvalleypower.com/svp-and-community/about-svp/utility-fact-sheet.. Accessed December 17, 2021.

SVP (Silicon Valley Power). 2019. Revised 2018 Integrated Resource Plan for Silicon Valley Power.

Adopted by the Santa Clara City Council, November 27, 2018. http://www.siliconvalleypower. com/svp-and-community/about-svp/integrated-resource-plan.

Geology and Soils
CGS (California Geological Survey). 2022. Earthquake Zones of Required Investigation. https://maps. conservation.ca.gov/cgs/EQZApp/app/
_____. 2018. Earthquake Fault Zones, CGS Special Publication #42. Special Publication 42: Earthquake Fault Zones – A Guide for Government Agencies, Property Owners / Developers, and Geoscience Practitioners for Assessing Fault Rupture Hazards in California (2018) _____. 2002. Seismic Hazard Zone Report for the San Jose West 7.5-Minute Quadrangle, Santa Clara County, California. https://maps.conservation.ca.gov/cgs/EQZApp/app/ City of Santa Clara. 2014. City of Santa Clara 2010-2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed December 10, 2021. _____. 2011. City of Santa Clara Draft 2010-2035 General Plan: Integrated Final Environmental Impact Report. January 2011. http://santaclaraca.gov/home/showdocument?id=12900.

County of Santa Clara. 2012. “Santa Clara County Geologic Hazard Zones.” https://stgenpln.blob.core. windows.net/document/GEO_GeohazardATLAS.pdf. Accessed January 6, 2022 DWR (Department of Water Resources). 2022. Water Data Library Groundwater Levels. https://wdl.water. ca.gov/WaterDataLibrary/GroundwaterBrowseData.aspx?LocalWellNumber=&StationId=56517& StateWellNumber=08S02E35M001M&SelectedCounties=&SiteCode=371926N1217298W001& SelectedGWBasins=
Dibblee, T.W., and Minch, J.A. 2007. Geologic map of the Cupertino and San Jose West quadrangles, Santa Clara and Santa Cruz Counties, California: Dibblee Geological Foundation, Dibblee Foundation Map DF-351, scale 1:24,000. https://ngmdb.usgs.gov/ngm-bin/pdp/zui_viewer. pl?id=34651. Accessed February 2022.

Society of Vertebrate Paleontology. 2010. Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. https://vertpaleo.org/wp-content/uploads/2021/ 01/SVP_Impact_Mitigation_Guidelines-1.pdf. Accessed January 9, 2022.

NRCS (Natural Resources Conservation Service). 2022. Web Soil Survey, Project Area Map and Data. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx. Accessed February 2022.

USGS (United States Geological Survey). 2022. Earthquakes Hazard Program, Earthquake Catalog website. https://earthquake.usgs.gov/earthquakes/search/ SVP Homestead Substation Rebuild Project

7. REFERENCES
February 2023 7-4 MND/Initial Study
_____. 2014. 2014 USGS National Seismic Hazard Maps GIS Shapefiles “Two-percent probability of exceedance in 50 years map of peak ground acceleration” Map. https://www.usgs.gov/programs/ earthquake-hazards/science/2014-united-states-lower-48-seismic-hazard-long-term-model.

Accessed January 9, 2022.

Youd, T.L. and D.M. Perkins. 1978. Mapping Liquefaction Induced Ground Failure Potential, in the Proceedings of the American Society of Civil Engineers, Journal of the Geotechnical Engineering Division.

Greenhouse Gas Emissions
ARB (Air Resources Board). 2021. California Greenhouse Gas Inventory for 2000-2019, by Category as Defined in the 2008 Scoping Plan. July. https://ww3.arb.ca.gov/cc/inventory/data/tables/ghg_ inventory_scopingplan_sum_2000-19.pdf. Accessed January 4, 2022. _____. 2017. California’s 2017 Climate Change Scoping Plan. November.

Aspen (Aspen Environmental Group). 2022. AQ and GHG Emissions Summary, Homestead Substation Rebuild. From: CalEEMod.2020.4.0; Date: 1/19/2022.

IPCC (Intergovernmental Panel on Climate Change). 2014. Drivers, Trends, and Mitigation; and Energy Systems. In: Climate Change 2014: Mitigation of Climate Change. Contribution of Working Group III to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change. Cambridge University Press, Cambridge, United Kingdom, and New York, NY, USA.

OEHHA (Office of Environmental Health Hazard Assessment, California Environmental Protection Agency). 2018. Indicators of Climate Change in California. May.

UNFCCC (United Nations Framework Convention on Climate Change). 1998. Text of the Kyoto Protocol.

Hazards and Hazardous Materials
CAL FIRE (California Department of Forestry and Fire Protection). 2021. Fire Hazard Severity Zones Viewer. https://egis.fire.ca.gov/FHSZ/. Accessed December 17, 2021.

DTSC (California Department of Toxic Substances Control). 2021a. “Cortese List Data Resources.” https:// www.envirostor.dtsc.ca.gov/public/search?CMD=search&ocieerp=&HWMP=False&business_ name=santa+clara&main_street_name=&city=&zip=&county=&censustract=&case_number=& apn=&Search=Get+Report. Accessed September 30, 2021.
_____. 2021b. “EnviroStor Database.” https://www.envirostor.dtsc.ca.gov/public/map/?global_id= 60002982. Accessed December 3, 2021.

SWRCB (State Water Resources Control Board). 2022. State Water Resources Control Board GeoTracker, Mariposa Gardens Shopping Center (SL0608531621). https://geotracker.waterboards.ca.gov/ profile_report.asp?global_id=SL0608531621. Accessed February 2022.

SVP Homestead Substation Rebuild Project

7. REFERENCES
February 2023 7-5 MND/Initial Study
_____. 2021. “Geotracker.” https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress= santa+clara# Accessed December 3, 2021.

Hydrology and Water Quality
DWR (California Department of Water Resources). 2022. Bulletin 118 Groundwater Basin Lookup. https:// dwr.maps.arcgis.com/apps/Styler/index.html?appid=740d10eefd6148579321a3abcd065a36.

Accessed February 2022.
_____. 2003. Bulletin 118 Update 2003 – Basin Report 2_009_02. https://data.cnra.ca.gov/dataset/ bulletin-118-update-2003-basin-reports/resource/20296ca3-a155-4285-8786-b775b89b9033 City of Santa Clara. 2014. City of Santa Clara General Plan – Chapter 5: Goals and Policies. https://www. santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/generalplan. Accessed December 3, 2021.

SWRCB (State Water Resources Control Board). 2022. Final California 2014 and 2016 Integrated Report (303(d) List/305(b) Report), Supporting Information Regional Board 2 – San Francisco Bay Region, Water Body Name: Saratoga Creek. https://www.waterboards.ca.gov/water_issues/programs/ tmdl/2014_16state_ir_reports/00686.shtml#34563. Accessed February 2022.

FEMA (Federal Emergency Management Agency). 2020. Online flood map 06085C0228H, effective 05/18/2009. https://msc.fema.gov/portal/home. Accessed May 17, 2021 Land Use and Planning
City of Santa Clara. 2014a. City of Santa Clara Zoning Map http://santaclaraca.gov/home/ showdocument?id=756. Accessed December 7, 2021.
_____. 2014b. City of Santa Clara General Plan – Chapter 5: Goals and Policies. https://www. santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/generalplan. Accessed September 17 , 2021.

Mineral Resources
DOC (California Department of Conservation). 2021a. “CGS Information Warehouse: Mineral Land Classification.” https://maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map= mlc. Accessed December 7, 2021.
_____. 2021b. “SMARA Statutes and Regulations.” https://www.conservation.ca.gov/dmr/lawsand regulations. Accessed December 17, 2021.

City of Santa Clara. 2014. City of Santa Clara 2010-2035 General Plan. City Council adopted on November 16, 2010. Updated December 9, 2014. https://www.santaclaraca.gov/our-city/departments-a-f/ community-development/planning-division/general-plan. Accessed December 10, 2021.

Noise
FHWA (Federal Highway Administration). 2006. Roadway Construction Noise Model, User’s Guide.

January. http://www.fhwa.dot.gov/environment/noise/construction_noise/rcnm/rcnm.pdf.

Accessed December 7, 2021.

SVP Homestead Substation Rebuild Project

7. REFERENCES
February 2023 7-6 MND/Initial Study
OPR (Governor’s Office of Planning and Research). 2017. General Plan Guidelines: 2017 Update.

Updated September 2017. http://www.opr.ca.gov/planning/general-plan/guidelines.html.

Accessed December 17, 2021.

U.S. EPA (U.S. Environmental Protection Agency). 1974. Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety.

No. 550/9-74-004, Washington, D.C.

USGS (U.S. Geological Survey). 2021 “Mineral Resources Data Systems (MRDS).” https://mrdata.usgs. gov/mrds/map-us.html. Accessed December 7, 2021.

Population and Housing
CA DOF (California Department of Finance). 2021. E-5: Population and Housing Estimates for Cities, Counties, and the State, January 2011-2017 with 2010 Census Benchmark. http://www.dof.ca. gov/Forecasting/Demographics/Estimates/E-5/. Accessed December 7, 2021.

CA EDD (California Employment Development Department). 2021. Labor Force and Unemployment Rate for Cities and Census Designated Places – 2016 Annual Average. http://www.labormarketinfo. edd.ca.gov/data/labor-force-and-unemployment-for-cities-and-census-areas.html. Accessed December 7, 2021.
_____. 2014a. City of Santa Clara General Plan – Chapter 5: Goals and Policies. http://santaclaraca.gov/ home/showdocument?id=13934. Accessed September 17 , 2021. _____. 2014b. City of Santa Clara General Plan – Appendix 8.12 Housing Element. http://santaclaraca. gov/home/showdocument?id=13932. Accessed September 17 , 2021.

Public Services
City of Santa Clara. 2021a. “Santa Clara Police Department – Fact Sheet.” http://santaclaraca.gov/ government/departments/police-department/about-us/fact-sheet. Accessed December 13, 2021.
_____. 2021b. “Santa Clara Police Department – Divisions.” Divisions | City of Santa Clara (santaclaraca.gov) Accessed December 13, 2021
_____. 2021c. “City of Santa Clara: Parks and Pools.” http://arcg.is/2zfXbE1. Accessed September 24, 2021.
_____. 2014. City of Santa Clara General Plan – Chapter 5: Goals and Policies. http://santaclaraca.gov/ home/showdocument?id=13934. Accessed September 24, 2021.

Recreation
City of Santa Clara. 2021c. “City of Santa Clara: Parks and Pools.” http://arcg.is/2zfXbE1. Accessed September 24, 2021.
_____. 2014a. City of Santa Clara General Plan – Chapter 5: Goals and Policies. http://santaclaraca.gov/ home/showdocument?id=13934. Accessed September 24, 2021. _____. 2014b. City of Santa Clara General Plan – Parks and Recreation Inventory. https://www. santaclaraca.gov/home/showpublisheddocument/12892/635713044859030000. September 24, 2021.

SVP Homestead Substation Rebuild Project

7. REFERENCES
February 2023 7-7 MND/Initial Study
Traffic and Transportation
Caltrans (California Department of Transportation). 2020. 2020 Traffic Volumes on California State Highways.” https://dot.ca.gov/programs/traffic-operations/census. Accessed December 15, 2021.

City of Santa Clara. 2014. City of Santa Clara General Plan – Chapter 5: Goals and Policies. https://www. santaclaraca.gov/our-city/departments-a-f/community-development/planning-division/generalplan. Accessed September 24, 2021. _____. 2013. “2013 City of Santa Clara Bicycle Map.” http://santaclaraca.gov/home/showdocument?id= 1326. Accessed September 24, 2021.
_____. 2011. City of Santa Clara Draft 2010-2035 General Plan: Integrated Final Environmental Impact Report. January 2011. http://santaclaraca.gov/home/showdocument?id=12900.

VTA (Valley Transit Authority). 2021a. Routes. https://www.vta.org/go/routes. Accessed December 15, 2021.
_____. 2021b. Valley Transit Authority Transit Map. October 11, 2021. https://www.vta.org/sites/ default/files/2021-10/VTA_MainMap_101121.pdf. Accessed December 15, 2021. _____. 2020. Santa Clara Valley Bikeways Map. June 2020. https://www.vta.org/sites/default/files/ 2020-07/2020%20Bike%20Map_web_p2.pdf. Accessed December 15, 2021.

Tribal Cultural Resources
City of San Jose. 2011. Envision San Jose 2040 General Plan. Adopted November 1, 2011.

Golla, V. 2011. California Indian Languages. University of California Press, Berkeley.

Hendry, G.W., and J.N. Bowman. 1940. The Spanish and Mexican Adobes and Other Buildings in the Nine San Francisco Area Counties, 1776 to about 1810. Ms. on file, Bancroft Library, University of California, Berkeley.

King, C.D. 1977. Matalan Ethnohistory. In Final Report of Archaeological Test Excavations of Freeway 04-SCl-101, Post Mile 17.2/29.4, Cochrane Road to Ford Road, edited by S.A. Dietz. MS on file, S-4395, CHRIS/NWIC, CSU Sonoma, Rohnert Park.

Levy, R. 1978. Costanoan. In California, edited by R.F. Heizer, Volume 8. Handbook of North American Indians, W.G. Sturtevant, general editor, pp. 485-497. Smithsonian Institution, Washington, D.C. _____. 1976. Costanoan Internal Relationships. Non-Serial Publication, University of California Archaeological Research Facility, Berkeley.

Margolin, M. 1978. The Ohlone Way: Indian Life in the San Francisco–Monterey Bay Area. Heyday Books, Berkeley.

OPR (Office of Planning and Research). 2017.Technical Advisory: AB 52 and Tribal Cultural Resources in CEQA. https://www.opr.ca.gov/docs/20200224-AB_52_Technical_Advisory_Feb_2020.pdf.

Utilities and Service Systems
Allconnect. 2022. Shop Plans in Santa Clara, CA for Zipcode 95051. https://www.allconnect.com/results/ providers?zip=95051. Accessed February 4, 2022.

SVP Homestead Substation Rebuild Project

7. REFERENCES
February 2023 7-8 MND/Initial Study
CalRecycle. 2021a. Facility/Site Summary Details: Corinda Los Trancos Landfill (Ox Mtn) (41-AA-0002). http://www.calrecycle.ca.gov/SWFacilities/Directory/41-AA-0002/Detail/. Accessed December 13, 2021.
_____. 2021b. Facility/Site Summary Details: Guadalupe Sanitary Landfill (43-AN-0015). http://www. calrecycle.ca.gov/SWFacilities/Directory/43-AN-0015/Detail/. Accessed December 13, 2021. _____. 2021c. Facility/Site Summary Details: Newby Island Sanitary Landfill (43-AN-0003). http://www. calrecycle.ca.gov/SWFacilities/Directory/43-AN-0003/Detail/. Accessed December 13, 2021.

City of Santa Clara. 2020. Utility Fact Sheet. Electric Utility: City of Santa Clara. January – December 2016. http://www.siliconvalleypower.com/svp-and-community/about-svp/utility-fact-sheet.

Accessed December 13, 2021.
_____. 2014. City of Santa Clara General Plan Chapter 5: Goals and Policies. https://www.santaclaraca. gov/our-city/departments-a-f/community-development/planning-division/general-plan.

Accessed September 24, 2021.

City of San Jose. 2021. San Jose–Santa Clara Regional Wastewater Facility. https://www.sanjoseca.gov/ your-government/environment/water-utilities/regional-wastewater-facility. Accessed December 20, 2021.

Wildfire
CAL FIRE (California Department of Forestry and Fire Protection). 2022. Fire Hazard Severity Zones map viewer. https://egis.fire.ca.gov/FHSZ/. Accessed February 24, 2022.

Corona and Induced Current Effects
IEEE (Institute of Electrical and Electronic Engineers). 1979. J.E. Bridges and M.J. Frazier. The Effect of 60 Hertz Fields and Currents on Cardiac Pacemakers. Page 30. _____. 1971. Radio Noise Subcommittee Report – Working Group No. 3. Radio Noise Design Guide for High Voltage Transmission Lines. IEEE Transactions on Power Apparatus and Systems, Volume PAS-90, Number 2, p. 833.

Mandatory Findings of Significance
City of Santa Clara. 2022. “Planning Tracking Excel Table updated 12-20-21.” Provided by City Planning Department, March 7, 2022.

SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-1 MND/Initial Study

8. Comments and Comment Responses
This section presents responses to the comments received during the public review period for the Mitigated Negative Declaration. SVP received three public comments from the various State agencies, tribes, and the public that were notified of the intent to adopt the Mitigated Negative Declaration.

Table 8-1 lists the persons and agencies that submitted comments on the Proposed MND. The individual comments are numbered, and responses immediately follow the comments. No revisions were made to the MND and supporting Initial Study based on the comments.

Table 8-1. Comments Received on the Proposed Mitigated Negative Declaration Commenter Date of Comment Comment Set
Santa Clara Valley Water District 12/28/2022 A1
Kinson Tam 12/07/2022 B1
Kinson Tam 12/15/2023 B2
Comment Set A1 – Santa Clara Valley Water District
From: Shree Dharasker <[email protected]>
Sent: Wednesday, December 28, 2022 10:58:01 AM
To: [email protected] <[email protected]>; Hedy Koczwara < [email protected]>
Cc: Michael Martin <[email protected]>
Subject: RE: SVP Homestead Substation Rebuild Project - Notice of Intent to Adopt an MND Dear Ms. Heesh:

The Santa Clara Valley Water District has reviewed the Draft Mitigated Negative Declaration (MND) and supporting Initial Study (IS) for the Homestead Substation Rebuild Project (Project), received on November 18, 2022.

The Project Site is located at the intersection of Homestead road and Kiely Boulevard, adjacent to Saratoga Creek in Santa Clara. Valley Water has no right of way or facilities at the proposed site. The project site is located in FEMA Flood Zone X (the area determined to be outside the 500-year flood), and is considered to be a low risk flood zone .

Because the proposed Project is located adjacent to Saratoga Creek, Construction plans should be consistent with Valley Water's Guidelines and Standards for Land Use Near Streams , specifically chapters 3 and 6. Elements to consider are setbacks for environmental purposes, including enhancements for trail purposes and for flood protection benefits. Valley Water Al-1 strongly advocates for maximizing vegetated areas to enhance the riparian corridor by increasing setbacks from the existing creek top of bank to any hardscape, roadways, or parking areas associated with the Project.

SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-2 MND/Initial Study
Responses to Comment Set A1 – Santa Clara Valley Water District A1-1 The commenter for SCVWD notes that project construction should be consistent with Valley Water guidelines and standards for land use near streams. The commenter notes various types of elements to consider, such as setbacks, enhancement for trails, and flood protection.

SVP is aware of the SCVWD guidelines and standards. The substation rebuild would occur within the existing fenced property and, while near Saratoga Creek, is at low risk of flooding.

No part of the project would extend into SCVWD-managed land adjacent to the creek, which is an unpaved access road outside of the north fence line of the project. The creek-side area is fenced and not available for public access. The substation project is set back from the existing creek top of bank. The proposed concrete block wall around the substation would prevent direct runoff to the creek. Site drainage would be to an existing storm sewer. During final design, it would be determined if on-site detention of stormwater is needed.

A1-2 The commenter notes that development is subject to stormwater quality requirements, and the project should meet all State standards.

A Stormwater Pollution Prevention Plan (SWPPP) would be implemented during construction to ensure that sediment or silt-laden water does not migrate offsite and enter the creek. The final project would include paving of the existing compact rock surface of the property, reducing the potential for erosion of soil/silt that otherwise might enter the stormwater system and Saratoga Creek. The project would meet all standards applicable to stormwater management during construction and subsequent operation.

Most new development and redevelopment is subject to stormwater quality requirements. Some of the methods used to meet these requirements, such as low impact development (LID), work by retaining stormwater on the site for infiltration, which supports natural groundwater recharge. However, other methods only work to improve the quality of stormwater prior to releasing it into the stormwater system. The proposed Project should meet all California State Standards.

Please contact me if there are any questions,
Shree Dharasker
Associate Engineer Civil
Community Projects Review Unit
( 408)630-3037
Al-2
SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-3 MND/Initial Study
Comment Set B1 – Kinson Tam (12/7)
Responses to Comment Set B1 – Kinson Tam (12/7)
Mr. Kinson Tam owns/manages the Homestead Road Apartments, the rear of which faces the south side of the Homestead Substation site. He communicated with SVP during the IS/MND comment period, requesting a meeting and providing two written comments. Comment B1 is a December 7, 2022, email requesting a meeting and providing two comments.

B1-1 The commenter asks what is the setback from the property line of the concrete block wall proposed to surround the substation site?
Per the City of Santa Clara Planning Department, no setback is required for a fence or wall around the site. Typically, SVP constructs walls around its facilities at or near the property line. The question of setbacks also is addressed in responses B2-2, B2-3, B2-7 and B2-8 below.

B1-2 The commenter requests dimension for the proposed layout, including dimensions and elevations.

See response B2-7.

Email: Homestead Substation Rebuild Project EIR Team
From: KK SL <[email protected]>
Sent: Wednesday, December 07, 2022 10:01 AM
To: Kevin Keating <[email protected]>
Subject: Homestead Substation Rebuild Project
Dear Mr. Keating:

I have several questions/concerns regarding this project. I am one of the owners of 2851 Homestead Road Apartments:

1. What is the set back of the 13' concrete block wall from the property line?

2. The layout you posted on line does not have dimensions. Could you provide dimensions and elevations?
I would like to make an appointment with you to further understand this project as the deadline is approaching. Please feel free to call or text me at 408-203-1488 or email me at [email protected]. Thank you.

Kim Tam
408-203-1488
I B1-1
I B1-2
SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-4 MND/Initial Study
Comment Set B2 – Kinson Tam (12/15)
Kinson Tam, Manager
Vineyard et. LLC
2851 Homestead Rd, Santa Clara.
[email protected]
(408) 203-1488
To: Silicon Valley Power
Project Title: Homestead Substation Rebuild Project
Attention: Kevin Keating, Project Manager, Electronic Division Manager Email: [email protected]
Phone: (408) 615-6611
Date: December 15th, 2022
Our family owns the 23-unit apartment complex at 2851 Homestead Road, immediately adjacent to the proposed power plant. The proposed power plant upgrade project will have enormous negative impact on our tenants and our property value. I am shocked to learn that City of Santa Clara plans to triple the capacity of a substation in the middle of a densely populated residential multifamily neighborhood with plans for future expansions of more transmission lines less than 5 feet away from our structure:

1. Your report did NOT mention impact of existing PCBs in soil during and after excavation.

Existing PCBs in soil are likely to be disturbed and airborne during the construction period: Polychlorinated Biphenyls (PCBs) are highly toxic and carcinogenic compounds which were frequently found in transformer fluids. They are very resistant to degradation and may persist in the environment for a long period of time. Because of their ubiquitous usage in the past in the electrical industry, their presence in the substation must be explored and documented during design stage and BEFORE start of the project. This is especially true for the proposed project where soil may be disturbed and moved. To evaluate and mitigate exposures to PCBs for the proposed project there should be a soil survey of possible PCBs contamination at the substation. This survey should be included in the evaluation of the necessity for an environmental impact study and negative declaration.

2. The current reports fail to present the impact of the new structure height on the surrounding community. The report mentioned the height and provided a plan view of the new structure, but they do not allow the average person to determine the impact of B2-1
this change. What is missing from the report are perspective views from four directions B2-2 along with the inclusion of neighboring structures. Also provide photo mark-ups with the proposed new structure overlaying on the existing structure. As I mentioned before, our property is the closest to and most negatively affected by this project.

SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-5 MND/Initial Study

3. The new proposed wall will have a profound visual impact to both ground level viewers and particularly to second story tenants. As your report states, the expanded substation and the new wall will be visible from the windows of the second-floor apartments and the appearance of the substation from the residents' living spaces will negatively impact their view. Trees are a natural and attractive way to screen the substation from view, and they would also provide other benefits such as improved air quality and noise reduction. There are currently trees on site between the substation and apartment complex, and we believe that adding trees to this area would enhance the aesthetics of the area and the newly proposed 13-foot wall while also helping to improve the overall environment.

B2-3

4. Driveway Access: City of Santa Clara owns a lot with an easier and less disturbing entry I to the proposed upgrade site. Page 4-4, Paragraph 4.10.4.1 indicates secondary entry B2-4 through our drive, which is totally NOT acceptable.

5. Page 5.13-4 indicates individual equipment noise. Are you only use ONE equipment at a time? What is the total noise level when all equipment is used at the same time? Your report says a pickup truck is 75dBA when 50 feet away. A single equipment is at lease 80dBA, which more than doubles noise produced by pickup truck. Based on your estimate, 25 workers and 25 equipment will be working at the same time, which will be very disturbing and loud.

B2-5

6. Ground vibration during construction may cause cracks and ground shifts. We will assess I B2-6 damage/repair and seek reimbursement from City of Santa Clara.

7. Site plan, elevation, set back and landscaping/screening drawings are not provided, therefore further review of negative impact is needed.

8. 13-ft concrete fence is higher than our 2nd floor balconies and windows. What is the setback from the property line? Landscaping screening is absolutely required. Without landscaping drawing, it is hard to determine the magnitude of negative impact.

9. Lighting nearby the gate (entry to power plan from our driveway) must be lower than 4 feet as required by pathway standard. Since you own the lot with a commercial building on Kiely Blvd, there is no need to build a high light post near our building, which disturbs our tenants. Lights must be below eye level with motion sensor, less than 40 watts, and point away from our apartment building.

10. The site plan must include preserving the existing oak trees, other trees/brushes, and other existing landscaping. More landscaping shield is absolutely required due to massive add on structures.

B2-9
1•2-10

11. Since we do not have sufficient information from Silicon Valley Power to make mitigated I B2-11 negative declaration. We reserve the right to add to this list.

SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-6 MND/Initial Study
Responses to Comment Set B2 – Kinson Tam (12/12)
Comment B2 provides detailed comments provided by Mr. Tam on December 15, 2022, subsequent to meeting with SVP. He thinks the proposed substation upgrade will have a negative impact on his tenants and his property value.

B2-1 The commenter believes polychlorinated biphenyls (PCB) may be present in the soil at the substation and would be disturbed during and after excavation, causing them to become airborne. The commenter thinks the potential presence of PCB contamination at the substation must be explored and documented during the design stage, and before construction.

PCBs were widely used in the past, including in the electric industry. In the past, PCB oil was commonly used in transformers. Transformers on site today have less than 5 parts per million (ppm) of PCB content in the cooling oil, which is the industry designation for a non-PCB content. A typical action undertaken by SVP during project design is to take soil samples and test for various hazardous materials. This will inform SVP as to what precautions and special handling, if any, might be required for soils that are to be disturbed during construction. This will ensure that PCB contamination or other hazardous contamination is identified, if present, and properly handled so as to not become mobilized and migrate offsite. Any contaminated soil would be handled and disposed of in accordance with federal and state regulations.

B2-2 The commenter thinks the IS/MND fails to present the visual impact of the height of new structures on the surrounding community and should include information on the height of structures and a plan view for consideration by the community. The commenter thinks that perspective views from four directions should be included along with photo mock-ups.

Views of the substation from publicly accessible areas are limited. The substation is an interior property surrounded by residential, commercial, and park land uses. It does not front on a public street. See IS/MND Figure 4.1 Homestead Substation Location. A plan view of the substation expansion is provided in IS/MND Figure 4.3 Homestead Substation Rebuild Layout.

Final design will determine exact locations and dimensions. The image below in Figure B2-A for SVP’s Walsh Substation illustrates the appearance of a concrete masonry unit (CMU) block wall with electrical equipment beyond. Switch gear and control enclosures and transformers are screened by the wall. The exact configuration and positioning of steel structures at the Homestead site will be determined in final design.

12. Current outgoing transmission lines are very close to our apartment units (only four feet ten inches). It is fire hazard in the event of high wind or dropped wires. We do not want to see another Camp Fire. We would like to have them moved further away from us.

13. We would like City to put in a new driveway after construction/upgrade. The existing driveway was damaged by fire station expansion and power plant ingress and egress.

B2-12
I B2-13
SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-7 MND/Initial Study
Figure B2-A: Walsh Substation view of concrete block wall with substation beyond.

The photo below (Figure B2-B) shows the existing substation as viewed from the north, with the Homestead Road Apartments in the background. This existing substation transformer and ancillary equipment shown in the figure would be replaced by three transformers with new ancillary equipment. These would be somewhat similar in appearance to the existing unit.

Two units would be located to the west (right in the photo) of the existing unit. The third new unit would replace the current unit at its current location. The wood poles to the right in the background and other poles on the south side of the site would be removed and replaced by poles on the north side, farther from the apartments and near where the photo was taken.

Overall, the new site configuration would be as shown in IS/MND Figure 4.3. The vegetation in the background of Figure B2-B (between the substation and the apartments) would be replaced by the concrete block wall, which would screen lower elements of the substation from view. Other views of the existing substation from different angles show similar conditions: a largely barren site with the existing enclosure and steel within the site.

Figure B2-B: View of existing substation looking south toward Homestead Road Apartments.

Views of the site from public locations are limited, the proposed wall would visually screen most of the site equipment and structures from view, and the site is already “industrial” in nature; therefore, visual impacts would be less than significant. However, SVP will enter into discussions with the apartment building management regarding the possibility of planting vegetation between the wall and the apartment parking area. Any vegetation would need to be of a type that would not damage the wall directly or by its roots. f
I
SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-8 MND/Initial Study
B2-3 The commenter believes that the proposed wall will have a profound visual impact and that trees should be used to enhance the aesthetics of the area and the proposed wall.

See Response B2-2. SVP now typically installs concrete block walls around its substation facilities for security/safety and to partially screen views of equipment from offsite. At the property line between the Homestead Substation and the adjacent apartment complex is a chain link fence with vegetation growing intermittently along the fence line. Some vegetation is within SVP’s property, and some is on private property. SVP plans to replace the fence with a nominal 13-foot-high wall and to remove the vegetation within the substation property.

Vegetation on the apartment property, situated between apartment parking and the fence, would remain. To the extent that it overhangs or interferes with the wall or substation, it may be trimmed in consultation with the apartment complex management. A large oak has grown on the existing chain link fence near the driveway gate. The tree appears to be on both substation and apartment property. SVP will consult with an arborist to determine if the tree can be salvaged and if the wall in this area needs to be set back or modified to accommodate the tree.

Figure B2-C is a view looking northwest toward the substation from the apartment’s rear parking area, showing a portion of the fence line with the substation beyond. The tall wooden pole in this view would be removed as part of the project. The chain link fence would be replaced with a 13-foot-high wall. The tall vegetation in this view is on SVP property and would be removed. The shorter vegetation is on private property.

Figure B2-C: View northwest from apartment complex’s rear parking area adjacent to substation site looking northwest, near end of driveway from Homestead Road.

Figure B2-D looking west shows the area between the apartment buildings and the substation property. The tall wood poles in this view would be removed as part of the project. Residents with windows on the second story would have views over the wall.

SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-9 MND/Initial Study
Figure B2-D: View looking west at apartment complex’s rear parking area adjacent to substation site.

Final site plans and layout have not been developed for the Homestead Rebuild project.

The apartment property extends approximately one-third of the distance along the substation property to the left of the gate
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Figure 4.3
Homestead Substation Rebuild Layout
SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-10 MND/Initial Study
The wall would provide a uniform visual form screening much of the substation’s equipment from views at ground level. A few second story apartments have existing views of the substation, as shown in Figure B2-D above, a situation that would remain. The removal of the existing wood poles would improve the view. Structural steel framing that would support the transformers, and lines to them, would be visible above the wall. The new steel structures would be similar in nature to the existing substation visual effect.

B2-4 The commenter notes that the IS/MND identifies the driveway adjacent to the apartment complex as a secondary entrance to the substation site and thinks this is not acceptable.

It is anticipated that the primary construction access to the substation site will be via an existing driveway from Kiely Boulevard on the east side of the site, which is not near the apartment complex. Primary operations access would be via the driveway from Homestead Road, located between the apartment complex and the adjacent City fire station. This driveway is currently used by apartment residents and visitors, vendors, the fire department, and SVP. SVP plans to use the Kiley Blvd driveway for construction access; however, circumstances may occasionally dictate use of the secondary access route from Homestead Road during construction. Use of the secondary access is permitted and such use does not constitute an undue hardship or environmental impact. The existing driveway has some cracking and small potholes. It is anticipated that the driveway will be rebuilt or resurfaced by SVP to accommodate any new or replacement distribution substructures, any drainage changes, and any potential damage from SVP construction activities.

B2-5 The commenter notes that IS/MND page 5.13-4 indicates equipment noise by individual type of equipment. He inquires regard total noise is all equipment is used at the same time.

The rear of the apartment complex is 50 feet from the substation property line with only a few second story windows facing the substation site. Most construction would occur at a greater distance than 50 feet, i.e., within the substation property. The proposed 13-foot-high concrete block wall would be installed around the substation. The sequence of construction is determined by the construction contractor. Concrete masonry unit (CMU) walls are typically installed early in the project schedule, but this varies with the project. The timing of the construction of the wall is as yet unknown. Noise from multiple sources is not additive. The decibel scale used in describing noise levels is logarithmic and results in only slight increases in perceived noise when multiple noise sources are combined. Construction would occur within the times allowed under the City’s noise ordinance. Not all equipment listed would be used at the same time, nor would they be used for extended periods. Actual pieces of equipment used would vary depending on the construction stage, e.g., site grading/preparation; equipment/structure delivery; equipment/structure installation; etc. As noted in the IS/MND, the maximum intermittent noise levels from a construction work spread would typically range from 84 to 90 dBA at 50 feet. (This does not consider the attenuating effect of the wall.) After construction, ambient noise levels would not exceed local requirements and would be similar to current noise levels.

B2-6 The commenter suggests that ground vibration during construction may cause damage and that the project should bear the responsibility for monitoring damage and providing reimbursement.

Groundborne vibration attenuates quickly with distance, and the effects would be temporary and localized. Annoyance from vibration may occur when the vibration exceeds the threshold of perception. However, the threshold of perception occurs at a much lower level of ground SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-11 MND/Initial Study
displacement than the level that would be likely to lead to structural damage. Most construction-related vibration would not be capable of causing structural damage, with the exception of impact activities such as pile driving. No pile driving would occur with the project.

The peak particle velocity (PPV) is defined as the maximum instantaneous peak displacement of a vibration signal in inches per second (in/sec). The PPV is most frequently used to describe vibration impacts to buildings. As an example of the potential effect, a vibratory roller may cause approximately 0.21 in/sec PPV at a distance of 25 feet from the source. Adjusting for propagation over additional distance, the level at a receiver 50 feet away would be less than

0.1 in/sec PPV. Vibration at this level would not exceed the criterion of 0.12 in/sec that indicates a potential for damage to the most susceptible types of buildings, based on impact assessment procedures established by the Federal Transit Administration (in Section 7.2 of FTA, 2018).1
As noted on page 5-82 of the IS/MND, “The impact from construction‐related groundborne vibration would be short‐term and confined to only the immediate area around activities (within about 25 feet). Except of wall construction and paving, most work within the substation site would be more than 25 feet from residences.” The apartment complex is 50 feet from the substation fence line, with the intervening space mostly paved for parking and a driveway. Construction-related vibration at the apartment complex would not occur at levels that could cause any structural damage. Accordingly, the analysis concludes any adverse effects from groundborne vibration would not lead to a potentially significant impact, and the vibration levels caused by the project would not be excessive.

B2-7 The commenter thinks that a site plan, elevation, set back and landscaping/screening drawings are needed for review of negative impacts.

See Responses B2-2, B2-3, and B2-8. Final engineering will determine final positioning of project elements and their heights.

B2-8 The commenter notes that the 13-foot wall is higher than the apartment’s balconies and windows and asks what is the wall’s setback from the property line. He thinks that landscaping is required and, absent a landscaping drawing, the magnitude of negative impact is hard to determine.

See Responses B2-2 and B2-3, which address the wall and setback relative to the apartment complex. The proposed wall would be at the property line. At ground level, the rear of the apartment complex provides parking along the existing SVP substation fence and in carports beneath the apartment building’s second story (see Figures B2-C and B2-D above). There are only a few windows overlooking the substation, and no balconies. Therefore, few apartments would have views of the wall or substation. The wall would replace an existing chain-link fence and intermittent vegetation (see Response B2-3).

B2-9 The commenter believes that lighting near the gate at the end of the driveway adjacent to the apartment complex needs to be lower than 4 feet. The commenter believes SVP owns the property with a Kiely Blvd commercial building at the east side of substation and there is no 1 FTA (Federal Transit Administration). 2018. Transit Noise and Vibration Impact Assessment Manual (Report 0123). September. [Online]: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research -innovation/118131/transit-noise-and-vibrationimpact-assessment-manual-fta-report-no-0123_0.pdf.

SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-12 MND/Initial Study
need for a tall light post at the gate. He also thinks lights must be below eye level, with motion sensors, less than 40 watts, and pointing away from the apartment building.

SVP owns the driveway from Kiely Blvd to the substation that will be the primary access route to the site during construction. There is a use agreement between the commercial property owner and the City regarding the parking area and driveway, which is located between the commercial buildings and the nearby creek. SVP does not own the property with the commercial building. The commercial building currently has night lighting on the rear of the building that illuminates a part of the substation site as well as the rear of the building. The existing substation has an overhead light on a light pole adjacent to the substation equipment.

The public park north of the substation site has extensive night lighting. The parking area at the rear of the apartment building also has night lighting. Overall, the substation and vicinity, being in a highly urbanized area, has extensive lighting for safety.

As part of the substation rebuild, SVP proposes to install photo-cell controlled LED security lighting on the interior the perimeter wall, at gates, and on certain steel structures. Fixtures would be downward focused to minimize light spillage offsite. At each gate, a 2-head fixture is proposed to be installed, with one head illumining the area around the exterior of the gate.

SVP is presently evaluating its substation perimeter security lighting methods. LED lighting is different from the existing lighting at Homestead Substation. In the past, SVP has done a lighting simulation for new substation with CMU walls at the perimeter and found that there was very little light spillage outside the walls. SVP may make further adjustments based on changes in lighting technology. SVP will consult with the apartment owner regarding lighting fixtures at the south gate to the site.

B2-10 The commenter thinks that the site plan must preserve existing vegetation and add landscaping to shield new structures.

The site currently supports limited vegetation along the south fence line and in the northwest corner of the site. This vegetation would be removed to accommodate project construction and ensure that vegetation does not interfere with the substation’s safe operation. If the City determines there is a need to replace any removed vegetation it would be at locations elsewhere in the City and would be coordinated with the City arborist. Most of the substation components would be less than 13 feet high and shielded from view by the proposed wall.

Existing tall wooden poles and their conductors near the apartment complex would be removed and replaced by poles and conductors on the north side of the site, farther from the apartments. Steel structures supporting conductors and other electrical equipment requiring ground clearance would be higher that the wall. (See illustration B2-A in Response B2-2). The substation would not be visible from nearby public locations except on its north side, were the substation abuts Saratoga Creek and is separated from the park by the creek and extensive vegetation located outside of the substation site. The proposed wall will adequately screen the substation from external views. As noted in Responses B2-2 and B2-3, SVP will work with the apartment owners to determine if appropriate vegetation can be installed or retained to further reduce the visibility of the project.

B2-11 The commenter reserves the right to add to his list of comments.

This comment is noted; however, the formal comment period has passed. However, the City anticipates conducting outreach with adjacent property owners during the design phase to explore potential issues and concerns with the intention of reaching mutually agreeable understandings.

SVP Homestead Substation Rebuild Project

8. COMMENTS AND COMMENT RESPONSES
February 2023 8-13 MND/Initial Study
B2-12 The commenter notes that some transmission lines passing out of the substation property are near the apartment building and believes this is a fire hazard and the lines should be moved farther away.

The line in question is a 12 kV distribution line and is not part of the Homestead Substation Rebuild. Whether to move the line is a separate matter between SVP and the apartment owners and is not part of the proposed project. SVP and the apartment owners may separately discuss changing the routing of the line.

B2-13 The commenter request that the City put in a new driveway after construction and thinks that the existing driveway has been damaged by expansion of the adjacent fire station and by ingress and egress at the substation.

SVP intends to use the Kiely Blvd driveway as its primary access but may use the Homestead Road access driveway on an as needed basis. Past construction activity at the fire station on Homestead Road is unrelated to the current proposed substation project. SVP periodically accesses the substation site using the Homestead driveway, which is a permitted right. It is assumed that the most frequent use of the driveway is by residents and delivery and service trucks and vehicles/vans coming to the apartment complex. The proportion of wear and tear on the driveway attributable to various users is unknown. There is reportedly some cracking of the driveway surface near the gate to the substation. As noted in Response B2-4, it is anticipated that the driveway will be rebuilt or resurfaced by SVP to accommodate any new or replacement distribution substructures, any drainage changes, and any potential damage from SVP construction activities.

SVP Homestead Substation Rebuild Project

MITIGATION MONITORING AND REPORTING PROGRAM
February 2023 6-1 MND/Initial Study

MITIGATION MONITORING AND REPORTING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) will be used by the City of Santa Clara and SVP to ensure that the mitigation measures adopted as a condition of project approval are implemented.

The MMRP is consistent with CEQA Guidelines (Sections 15074(d), 15091(d), and 15097) for the implementation of mitigation.

SVP will be responsible for monitoring the implementation of the mitigation measures presented in Table 1.

SVP Homestead Substation Rebuild Project
Mitigation Monitoring and Reporting Program
February 2023 1 MND/Initial Study
Table 1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
Air Quality
ConstructionPhase Air QualityMM AQ-1. Implement Basic Construction Air Quality Mitigation The project shall ensure that basic construction emissions control measures are implemented as “Best Management Practices,” as follows:
▪ All exposed soil surfaces (e.g., parking areas, staging areas, soil piles, and graded areas) shall be watered two times per day.
▪ All haul trucks transporting soil, sand, or other loose material off-site shall be covered.
▪ All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.
▪ All areas to be paved shall be completed as soon as possible. Foundation pads shall be laid as soon as possible after grading.
▪ Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage regarding idling shall be provided for construction workers at all access points.
▪ All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. ▪ Post a publicly visible sign with the telephone number and person to contact at SVP regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.

Monitor implementation
of specified biological
monitor activities
Prior to and
during
construction
SVP Homestead Substation Rebuild Project
Mitigation Monitoring and Reporting Program
February 2023 2 MND/Initial Study
Table 1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
Nesting Birds MM BIO-2. Worker Environmental Awareness Training. Prior to construction, a construction employee education program will be conducted in reference to all sensitive environmental resources potentially affected by site work (e.g., air quality, biological resources, cultural resources, hydrology and water quality, hazardous materials) and the measures associated with their protection (i.e., mitigation measures and applicable laws and regulations).

Review and attend
construction employee
education program and
monitor training
implementation
Prior to
construction
Nesting Birds MM BIO-3. Preconstruction Nesting Bird Surveys and Nest Protection. A preconstruction nesting bird surveys shall be conducted of the site and vicinity by a qualified biologist no more than 7 days before any work activities are performed during the nesting season (February 1 to August 31). A Preconstruction nesting bird survey also shall be required prior to any vegetation removal or trimming that occurs during the nesting season. Surveyors will search for all potential nest types (e.g., ground, cavity, shrub/tree, structural, etc.) and determine whether the nest is active. A nest will be determined to be active if eggs or young are present in the nest. Upon discovery of active nests, Silicon Valley Power’s biological monitor will determine if there is need for a buffer or shield to minimize disturbance of the nest. Upon this determination and execution of any required minimization action, work may proceed. The extent of mitigation will be based upon: acclimation of the species or individual to disturbance, nest type (cavity, tree, ground, etc.), and level and duration of construction activity. If there is a period of 7 or more days during nesting season in which construction does not occur, a new survey shall be undertaken to determine if any nests have been established.

Ensure preconstruction
bird nesting surveys are
conducted and monitor for
significant disturbance to
birds if nests are identified
No more than 7
days before
planned
construction work
Cultural Resources
Unanticipated
Discoveries of
Historical
Resources or
Unique
Archaeological
Resources
MM CR-1. Worker Training and Management of Unanticipated Discoveries of Historical Resources, Unique Archaeological Resources. SVP shall conduct a worker environmental awareness program (WEAP) for project personnel who, during the course of project work, might encounter or alter historical resources or important/unique archaeological materials. This program may be combined with any similar required program, such as for biological resources. The WEAP may include a kickoff tailgate session that describes how to identify cultural resources and what to do if an unanticipated discovery is made during construction, presents site avoidance requirements and procedures to be followed if unanticipated cultural resources are discovered during project construction, and includes a discussion of disciplinary and other actions that could be taken against persons violating historic preservation laws and SVP policies.

Review and attend worker
environmental awareness
program; Monitor
implementation of
unanticipated discovery
protocols
Prior to
construction and
during construction
SVP Homestead Substation Rebuild Project
Mitigation Monitoring and Reporting Program
February 2023 3 MND/Initial Study
Table 1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
Unanticipated
Discoveries of
Human Remains
MM CR-2. Treatment of Human Remains. Any human remains discovered are to be treated with respect and dignity. Upon discovery of human remains, all work within 50 feet of the discovery area must cease immediately, nothing is to be disturbed, and the area must be secured. The Santa Clara County Coroner’s Office must be called. The Coroner has two working days to examine the remains after notification. The appropriate land manager/owner of the site is to be called and informed of the discovery. If the remains are located on federal lands, federal land managers, federal law enforcement, and the federal archaeologist must be informed as well, due to complementary jurisdiction issues. It is very important that the suspected remains, and the area around them, are undisturbed and the proper authorities called to the scene as soon as possible, as it could be a crime scene. The Coroner will determine if the remains are archaeological/ historic or of modern origin and if there are any criminal or jurisdictional questions.

After the Coroner has determined the remains are archaeological/historic-era, the Coroner will make recommendations concerning the treatment and disposition of the remains to the person responsible for the excavation, or to his or her authorized representative. If the Coroner believes the remains to be those of a Native American, he/she shall contact the Native American Heritage Commission (NAHC) by telephone within 24 hours.

Monitor implementation of
human remain discovery
protocols
During construction
Geology and Soils
SeismicallyInduced
Liquefaction
MM G-1. Conduct Geotechnical Investigations for Liquefaction. Because seismically induced liquefactionrelated ground failure has the potential to damage or destroy project components, the design-level geotechnical investigations to be performed by SVP shall include investigations designed to assess the potential for liquefaction to affect the new project poles and substation components at the project site.

Ensure a design-level
geotechnical investigation
is performed
At least 60 days
before final Project
design
SVP Homestead Substation Rebuild Project
Mitigation Monitoring and Reporting Program
February 2023 4 MND/Initial Study
Table 1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
Unanticipated
Discoveries of
Paleontological
Resources
MM G-3. Worker Training and Management of Unanticipated Discoveries of Paleontological Resources. In the event that unanticipated paleontological resources or unique geologic resources are encountered during ground-disturbing or other construction activities, a paleontologist must be retained who meets the professional paleontologist qualifications (Society of Vertebrate Paleontology’s Standard Procedures, 2010) and has demonstrated experience in carrying paleontological projects to completion. This qualified paleontologist must develop and implement a Paleontological Resources Management Plan (PRMP) for the project area that meets the standards set forth by the Society of Vertebrate Paleontology (2010). This shall include:
▪ A Worker Environmental Awareness Program (WEAP) wherein all construction personnel are trained on the processes to be followed upon encountering any fossils. ▪ A monitoring plan for ground disturbing activities that provides the monitor(s) with the authority to temporarily halt or divert equipment. Monitors shall be onsite for any disturbance of sediments with high or unknown paleontological sensitivity.

Monitors must have demonstrated sufficient paleontological training and field experience to have acceptable knowledge and experience of fossil identification, salvage and collection methods, paleontological techniques, and stratigraphy. ▪ A recovery plan for significant fossils that provides for the treatment of specimens to the point of identification and permanent preservation, including washing of sediments to recover small invertebrates and vertebrates. ▪ A specimen identification, analysis, and curation plan that includes identification to the lowest taxonomic level possible; taxonomic, taphonomic, and biostratigraphic analysis; and curation to the standards of the repository where they will be curated.

Review Paleontological
Resource Monitoring
Program; Monitor
implementation of
Program
Prior to
construction and
during construction
Hazards and Hazardous Materials
Hazardous
Substances
Control
MM HM-1. Hazardous Substance Control and Emergency Response. SVP shall implement its hazardous substance control and emergency response. procedures as needed. These procedures identify methods and techniques to minimize the exposure of the public and site workers to potentially hazardous materials during all phases of project construction through operation. They address worker training appropriate to the site worker’s role in hazardous substance control and emergency response. The procedures also require implementing appropriate control methods and approved containment and spill-control practices for construction and materials stored on site. If it is necessary to store chemicals on site, they shall be managed in accordance with all applicable regulations. Material safety data sheets shall be maintained and kept available on site, as applicable.

No known soil contamination was identified within the project area. In the event that soils suspected of being contaminated (on the basis of visual, olfactory, or other evidence) are removed during site grading activities or excavation activities, the excavated soil shall be tested and, if contaminated above hazardous waste levels, shall be contained and disposed of at a licensed waste facility. The presence of known or Collect and analyze soil
samples and, if
contamination is
discovered, ensure that
construction activities are
conducted according to
SVP’s hazardous
substance control and
emergency response
procedures
Prior to
construction and
during construction
SVP Homestead Substation Rebuild Project
Mitigation Monitoring and Reporting Program
February 2023 5 MND/Initial Study
Table 1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
suspected contaminated soil shall require testing and investigation procedures to be supervised by a qualified person, as appropriate, to meet state and federal regulations.

SVP shall complete its Emergency Action Plan Form as part of project tailboard meetings. The purpose of the form is to gather emergency contact numbers, identify first aid locations and provide other tailboard safety information.

A worker education program shall be established for all field personnel prior to initiating fieldwork to provide training in the appropriate application and construction of erosion and sediment control measures contained in the SWPPP. This education program will also discuss appropriate hazardous materials Ensure a SWPPP is
prepared and
implemented, or if a
SWPPP is not required,
ensure that an erosion
control plan is developed
and implemented to
minimize construction
impacts on surface water
and groundwater quality
Prior to and during
construction
SVP Homestead Substation Rebuild Project
Mitigation Monitoring and Reporting Program
February 2023 6 MND/Initial Study
Table 1. Mitigation Monitoring Plan
Impact
Category Mitigation Measure
Monitoring
Requirement
Timing of
Action
management and spill response. Compliance with these requirements will be ensured by the on-site construction contractor.

Traffic/Transportation
Traffic Control MM T-1. Construction Traffic Control Plan. Prior to the start of construction, Silicon Valley Power (SVP) shall prepare and submit a Construction Traffic Control Plan for review and approval to the City of Santa Clara (City) Planning Department for public roads and transportation facilities that would be directly affected by the construction activities and/or would require permits and approvals. SVP shall submit the Construction Traffic Control Plan to the City prior to conducting activities covered in the traffic control permits. The Construction Traffic Control Plan shall include, but not be limited to:
▪ Identification of any routes that would require lane closures or detours to accommodate material and equipment deliveries and methods to ensure safety. ▪ Avoidance of peak travel hours (8:00 10:00 a.m. and 4:00 6:00 p.m.) to the maximum extent feasible.
▪ Plans to coordinate in advance with emergency service providers to avoid restricting the movements of emergency vehicles. Police departments and fire departments shall be notified in advance by SVP of the proposed locations, nature, timing, and duration of any roadway disruptions, and shall be advised of any access restrictions that could impact their effectiveness. At locations where roads will be blocked, provisions shall be ready at all times to accommodate emergency vehicles. ▪ Plans to coordinate in advance with property owners, if any, that may have limited access to properties.

Ensure that a Construction
Traffic Control Plan is
submitted by SVP and
approved by the City of
Santa Clara
Prior to
construction
Tribal Cultural Resources
Unanticipated
Tribal Cultural
Resources
MM TRC-1. Management of Unanticipated Tribal Cultural Resources. During project-level construction, should subsurface tribal cultural resources be discovered, all activity in the vicinity of the find shall stop and a qualified archaeologist and an authorized tribal representative shall be contacted to assess the significance of the find according to CEQA Guidelines Section 15064.5 and Section 21074. If any find is determined to be significant, the archaeologist shall determine, in consultation with the implementing agency and any local Native American groups expressing interest, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to tribal cultural resources. Methods of avoidance may include, but shall not be limited to, project reroute or redesign, project cancellation, or identification of protection measures such as capping or fencing. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that resources cannot be avoided, the qualified archaeologist shall develop additional treatment measures, such as data recovery or other appropriate measures, in consultation with the implementing agency and any local Native American representatives expressing interest in the tribal cultural resource.

Confirm that all activity in
the vicinity of a found
subsurface tribal cultural
resource is ceased and
that an authorized tribal
representative is
contacted
During construction
SVP Homestead Substation Rebuild Project
Mitigation Monitoring and Reporting Program
February 2023 7 MND/Initial Study
SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 1 MND/Initial Study

COMMENTS AND COMMENT RESPONSES
This document presents responses to the comments received during the public review period for the Mitigated Negative Declaration. SVP received three public comments from the various State agencies, tribes, and the public that were notified of the intent to adopt the Mitigated Negative Declaration.

Table 1 lists the persons and agencies that submitted comments on the Proposed MND. The individual comments are numbered, and responses immediately follow the comments. No revisions were made to the MND and supporting Initial Study based on the comments.

Table 1. Comments Received on the Proposed Mitigated Negative Declaration Commenter Date of Comment Comment Set
Santa Clara Valley Water District 12/28/2022 A1
Kinson Tam 12/07/2022 B1
Kinson Tam 12/15/2023 B2
Comment Set A1 – Santa Clara Valley Water District
From: Shree Dharasker <[email protected]>
Sent: Wednesday, December 28, 2022 10:58:01 AM
To: [email protected] <[email protected]>; Hedy Koczwara < [email protected]>
Cc: Michael Martin <[email protected]>
Subject: RE: SVP Homestead Substation Rebuild Project - Notice of Intent to Adopt an MND Dear Ms. Heesh:

SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 2 MND/Initial Study
Responses to Comment Set A1 – Santa Clara Valley Water District A1-1 The commenter for SCVWD notes that project construction should be consistent with Valley Water guidelines and standards for land use near streams. The commenter notes various types of elements to consider, such as setbacks, enhancement for trails, and flood protection.

SVP is aware of the SCVWD guidelines and standards. The substation rebuild would occur within the existing fenced property and, while near Saratoga Creek, is at low risk of flooding.

A1-2 The commenter notes that development is subject to stormwater quality requirements, and the project should meet all State standards.

Please contact me if there are any questions,
Shree Dharasker
Associate Engineer Civil
Community Projects Review Unit
( 408)630-3037
Al-2
SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 3 MND/Initial Study
Comment Set B1 – Kinson Tam (12/7)
Responses to Comment Set B1 – Kinson Tam (12/7)
Mr. Kinson Tam owns/manages the Homestead Road Apartments, the rear of which faces the south side of the Homestead Substation site. He communicated with SVP during the IS/MND comment period, requesting a meeting and providing two written comments. Comment B1 is a December 7, 2022, email requesting a meeting and providing two comments.

B1-2 The commenter requests dimension for the proposed layout, including dimensions and elevations.

See response B2-7.

I have several questions/concerns regarding this project. I am one of the owners of 2851 Homestead Road Apartments:

1. What is the set back of the 13' concrete block wall from the property line?

Kim Tam
408-203-1488
I B1-1
I B1-2
SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 4 MND/Initial Study
Comment Set B2 – Kinson Tam (12/15)
Kinson Tam, Manager
Vineyard et. LLC
2851 Homestead Rd, Santa Clara.
[email protected]
(408) 203-1488
To: Silicon Valley Power
Project Title: Homestead Substation Rebuild Project
Attention: Kevin Keating, Project Manager, Electronic Division Manager Email: [email protected]
Phone: (408) 615-6611
Date: December 15th, 2022
Our family owns the 23-unit apartment complex at 2851 Homestead Road, immediately adjacent to the proposed power plant. The proposed power plant upgrade project will have enormous negative impact on our tenants and our property value. I am shocked to learn that City of Santa Clara plans to triple the capacity of a substation in the middle of a densely populated residential multifamily neighborhood with plans for future expansions of more transmission lines less than 5 feet away from our structure:

1. Your report did NOT mention impact of existing PCBs in soil during and after excavation.

SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 5 MND/Initial Study

B2-3

B2-5

6. Ground vibration during construction may cause cracks and ground shifts. We will assess I B2-6 damage/repair and seek reimbursement from City of Santa Clara.

7. Site plan, elevation, set back and landscaping/screening drawings are not provided, therefore further review of negative impact is needed.

10. The site plan must include preserving the existing oak trees, other trees/brushes, and other existing landscaping. More landscaping shield is absolutely required due to massive add on structures.

B2-9
1•2-10

11. Since we do not have sufficient information from Silicon Valley Power to make mitigated I B2-11 negative declaration. We reserve the right to add to this list.

SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 6 MND/Initial Study
Responses to Comment Set B2 – Kinson Tam (12/12)
Comment B2 provides detailed comments provided by Mr. Tam on December 15, 2022, subsequent to meeting with SVP. He thinks the proposed substation upgrade will have a negative impact on his tenants and his property value.

13. We would like City to put in a new driveway after construction/upgrade. The existing driveway was damaged by fire station expansion and power plant ingress and egress.

B2-12
I B2-13
SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 7 MND/Initial Study
Figure B2-A: Walsh Substation view of concrete block wall with substation beyond.

Figure B2-B: View of existing substation looking south toward Homestead Road Apartments.

COMMENTS AND COMMENT RESPONSES
February 2023 8 MND/Initial Study
B2-3 The commenter believes that the proposed wall will have a profound visual impact and that trees should be used to enhance the aesthetics of the area and the proposed wall.

Figure B2-C: View northwest from apartment complex’s rear parking area adjacent to substation site looking northwest, near end of driveway from Homestead Road.

SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 9 MND/Initial Study
Figure B2-D: View looking west at apartment complex’s rear parking area adjacent to substation site.

Final site plans and layout have not been developed for the Homestead Rebuild project.

IS/MND Figure 4.3 Homestead Substation Rebuild Layout (reproduced below) shows the anticipated layout and location of equipment. The existing substation structures are located at approximately the site of what would be the eastern-most of the new transformers. The location of the gate shown in Figure B2-C above is indicated at the lower right of the drawing. The apartment property extends approximately one-third of the distance along the substation property to the left of the gate Control
Enclosure
~
Homestead-Serra 60 kV Line {out}
~
~ '- El ""iii - ~~ m ...

COMMENTS AND COMMENT RESPONSES
February 2023 10 MND/Initial Study
The wall would provide a uniform visual form screening much of the substation’s equipment from views at ground level. A few second story apartments have existing views of the substation, as shown in Figure B2-D above, a situation that would remain.

The removal of the existing wood poles would improve the view. Structural steel framing that would support the transformers, and lines to them, would be visible above the wall.

The new steel structures would be similar in nature to the existing substation visual effect.

B2-4 The commenter notes that the IS/MND identifies the driveway adjacent to the apartment complex as a secondary entrance to the substation site and thinks this is not acceptable.

B2-5 The commenter notes that IS/MND page 5.13-4 indicates equipment noise by individual type of equipment. He inquires regard total noise is all equipment is used at the same time.

B2-6 The commenter suggests that ground vibration during construction may cause damage and that the project should bear the responsibility for monitoring damage and providing reimbursement.

COMMENTS AND COMMENT RESPONSES
February 2023 11 MND/Initial Study
of perception. However, the threshold of perception occurs at a much lower level of ground displacement than the level that would be likely to lead to structural damage. Most construction-related vibration would not be capable of causing structural damage, with the exception of impact activities such as pile driving. No pile driving would occur with the project.

B2-7 The commenter thinks that a site plan, elevation, set back and landscaping/screening drawings are needed for review of negative impacts.

See Responses B2-2, B2-3, and B2-8. Final engineering will determine final positioning of project elements and their heights.

SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 12 MND/Initial Study
need for a tall light post at the gate. He also thinks lights must be below eye level, with motion sensors, less than 40 watts, and pointing away from the apartment building.

B2-10 The commenter thinks that the site plan must preserve existing vegetation and add landscaping to shield new structures.

B2-11 The commenter reserves the right to add to his list of comments.

SVP Homestead Substation Rebuild Project

COMMENTS AND COMMENT RESPONSES
February 2023 13 MND/Initial Study
B2-12 The commenter notes that some transmission lines passing out of the substation property are near the apartment building and believes this is a fire hazard and the lines should be moved farther away.

Homestead Substation Rebuild– MND & MMRP Page 1 of 3
Rev. 4/28/25
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA CLARA, CALIFORNIA TO ADOPT THE MITIGATED

NEGATIVE DECLARATION AND THE MITIGATION

MONITORING AND REPORTING PROGRAM FOR THE

HOMESTEAD SUBSTATION REBUILD PROJECT
WHEREAS, the City of Santa Clara ("City") proposes to reconstruct and rebuild the existing Homestead Substation at its current location ("Project") as more fully described in the mitigated negative declaration referenced below;
WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Project, as defined in the California Environmental Quality Act and the State of California Guidelines for the Implementation of the California Environmental Quality Act (collectively, "CEQA");
WHEREAS, pursuant to CEQA, specifically section 15070 of Title 14 of the California Code of Regulations, the City prepared an initial study which identified the Project’s potentially significant effects on the environment, which will be avoided or mitigated through the implementation of the Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”);
WHEREAS, the City prepared the MND and MMRP and circulated these documents for a 30-day public review period between November 18, 2022 and December 21, 2022, in compliance with the requirements of CEQA;
WHEREAS, during the public review period, the City received comments from Santa Clara Valley Water District and an adjoining property owner; WHEREAS, the City prepared a “Responses to Comments” document is included in Section 8 of the MND and addresses all comments raised; WHEREAS, the City conducted its own independent analysis of the MND and MMRP prior to releasing it for public review and determined that the MND and MMRP were appropriate Homestead Substation Rebuild– MND & MMRP Page 2 of 3
Rev. 4/28/25
as there is substantial evidence the Project would not result in any significant environmental impacts;
WHEREAS, the Santa Clara City Council has reviewed and considered the MND, MMRP, the comments received to date and the responses prepared, and the City Council, in reviewing the Project as proposed, intends to take actions on the Project in compliance with CEQA; and
WHEREAS, the MND and the MMRP have been attached to the report to council for this environmental approval and the approval of the Project and, by this reference, are incorporated into this Resolution as if fully set forth herein.

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

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

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

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

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

5. That the City Council hereby designates the Director of Silicon Valley Power of the City of Santa Clara as the Custodian of Records for the Project, and the Planning Division at Homestead Substation Rebuild– MND & MMRP Page 3 of 3
Rev. 4/28/25
City Hall, 1500 Warburton Avenue, Santa Clara, California, is the location of the documents and other material that constitute the record of proceedings upon which this decision is based.

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

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

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

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE _____________ DAY OF _____________, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. Mitigated Negative Declaration

2. Mitigation Monitoring and Reporting Program
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-636 Agenda Date: 6/10/2025

REPORT TO COUNCIL

SUBJECT
Action to Establish a Silicon Valley Power Scholarship - Silicon Valley Power Sustainable Futures (SVPSF) Post-baccalaureate Fellowship and to Delegate Authority to the City Manager to Negotiate a Final Grant Agreement with Santa Clara University

BACKGROUND
On June 7, 2022, the City of Santa Clara City Council unanimously approved the Silicon Valley Power Sustainable Futures Program (SVPSF Program) which will provide scholarships and fellowships to up to 35 leaders in sustainability, clean energy. and related fields over a 5 year period.

Each year there are four scholarship recipients and three fellows. The goal of the program is to develop a pipeline of strong, diverse future leaders in sustainability and clean energy sectors.

The innovative, five-year program funds an annual grant of $75,000 per year for a total of $375,000 from Silicon Valley Power (SVP). Selected students will use the funds to attend and receive advanced opportunities at Santa Clara University and its award-winning environmental and sustainability curriculum.

The program is designed to improve students’ skill sets to compete for emerging green jobs. The skill requirements are expanding rapidly, particularly in the Bay Area, where energy, sustainability and climate drivers are leading the way in accelerating this field.

DISCUSSION
Building off the success of the SVPSF Program, a SVPSF Post-baccalaureate Fellowship is proposed. Under the Program a recent college graduate from Santa Clara University, or another institution, with a two-year full-time paid position. The selected candidate may do any of the following (1) provide mentorship to SVPSF fellows and scholars; (2) perform project-based oversight; (3) serve a liaison role with Santa Clara University faculty, local community, and City departments; (4) identify future projects aligned with program objectives and the goals of the City of Santa Clara Climate Plan, (6) support the implementation of completed project deliverables and policy recommendations into practice, or (7) develop, manage, and operate datasets, tools, GIS mapping frameworks, and other shared assets supporting the SVPSF Program.. The SVPSF Post-baccalaureate Fellowship is proposed to provide $138,720 over two years to Santa Clara University to offer the Postbaccalaureate Fellow as a full-time position for two years. Details on decision-making, selection, and candidate qualifications are included in the attached grant agreement.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378 of Title 14 of the California Code of Regulations as it is a government funding mechanism which does not involve any City of Santa Clara Page 1 of 2 Printed on 6/6/2025
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25-636 Agenda Date: 6/10/2025
commitment to any specific project which may result in a potentially significant physical impact on the environment. t.

FISCAL IMPACT
Funding for scholarships is budgeted in the Electric Utility Fund Administrative Services Budget. If additional budget is required to appropriate for this program, it can be brought forward in a future budget action. Future years of this program will be incorporated into the biennial budget.

COORDINATION
This report has been coordinated with Silicon Valley Power and the City Manager’s Office.

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

RECOMMENDATION

1. Authorize the City Manager to execute the Santa Clara University Grant Agreement to establish the Silicon Valley Power Sustainable Futures Post-baccalaureate Fellowship with a City of Santa Clara funding obligation of $138,720 over two years, in substantially the form presented, and a final form approved by the City Attorney.

2. Authorize the City Manager to (a) extend the Grant Agreement for an additional two years with a City of Santa Clara funding obligation of an additional $138,720 with a 4% adjustment as set forth in the agreement; and (b) take any actions as necessary to implement and administer the Grant Agreement.

Reviewed by: Nico Procos, Acting Director of Silicon Valley Power Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Santa Clara University Grant Agreement
City of Santa Clara Page 2 of 2 Printed on 6/6/2025
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Silicon Valley Power/City of Santa Clara Grant Agreement (April 2025) – Page 1

SANTA CLARA UNIVERSITY GRANT AGREEMENT
Jōvan Grogan
City of Santa Clara | Silicon Valley Power
1500 Warburton Ave.

Santa Clara, CA 95050
June _____, 2025
The President and Board of Trustees of
Santa Clara University
500 El Camino Real
Santa Clara, CA 95053
Attention: Julie H. Sullivan, Ph.D., President, Santa Clara University Cc: Eva Blanco Masias, Vice President, Enrollment Management, Santa Clara University James Lyons, Vice President, University Relations, Santa Clara University Lindsey Kalkbrenner, Director, Center for Sustainability, Santa Clara University Dear Dr. Sullivan and Trustees:

On behalf of Silicon Valley Power (“SVP”), the City of Santa Clara (hereafter referred to as “the City”), a municipal corporation, grants $138,720.00 (“Grant”) to Santa Clara University (“SCU”) in installments over two years for sustainability and green energy sectors as further delineated below.

The City and SCU agree that the Grant shall be subject to the terms and conditions of this agreement (“Agreement”). The City and SCU are individually referred herein as “Party” and collectively as “Parties”.

Payments will be made according to the terms and schedules set forth in this Agreement.

The Grant funds shall be used to establish the Silicon Valley Power Sustainable Futures Postbaccalaureate Fellowship (hereafter referred to as the “SVPSF Postbac”) which will be administered by SCU’s Center for Sustainability under the authority of its director and the division Vice President to whom it reports. Funds shall support at least one post-baccalaureate fellow position for a fixed term of two years.

Grant Inspiration and Purpose
SCU is located within SVP’s service territory creating a clear foundation for the development of a multi-year collaboration as both organizations commit to climate change mitigation, and investing in diversity, equity, and inclusion of individuals from all backgrounds. The goal of the SVPSF Postbac is to strengthen a green workforce pipeline of diverse talent and leadership in the sustainability and clean energy sectors as follows:

1. Professional Development and Industry Exposure: The SVPSF Postbac will strengthen career pathways through structured programs and direct engagement with industry leaders, focusing on recent graduates who are first generation college students, Pell Grant-eligible, and/or from socio-economically disadvantaged communities who demonstrate commitment to sustainability and clean energy innovation.

Silicon Valley Power/City of Santa Clara Grant Agreement (April 2025) – Page 2

2. Applied Research and Project Implementation: The SVPSF Postbac will support intensive project-based experiences that translate academic knowledge into practical solutions, enabling fellows to develop specialized technical expertise while delivering measurable impact on local sustainability initiatives and climate action plans.

3. Strategic Partnership Development: The program will strengthen connections between SVP, local industry partners, and regional sustainability initiatives, creating opportunities to develop innovative solutions advanced by fellows while establishing clear pathways for emerging professionals in the green economy.

The SVPSF Postbac builds on the foundation of the Silicon Valley Sustainable Futures Program (hereinafter referred to as the “SVPSF Program”) which serves as a catalyst for an education and green workforce pipeline of diverse talent and leadership in sustainability and clean energy sectors as follows:

1. Access and Affordability: The SVPSF Program Scholarship supports annual gap scholarships that improve access to undergraduate studies at SCU with a preference for community-college transfer students who are from socio-economically disadvantaged communities from traditionally underrepresented socio-economic backgrounds.

2. High-Impact Learning Experiences: In addition, the SVPSF Program Fellowship supports annual high-impact learning experiences that provide real-world perspectives and experiences as well as opportunities to build critical applied skills that enhance students’ early-career and post-graduate success.

3. Partnership Opportunities: Using a model of student led projects that provides increased understanding of local climate or sustainability related problems, the City and SCU can build opportunities for developing local solutions and recommendations through student research and community outreach while providing exposure to green jobs.

To ensure that the intention of the Grant is actualized, the City and SCU agree to comply with the provisions:

I. DECISION-MAKING, SELECTION, AND CANDIDATE QUALIFICATIONS SVSFP Postbac awards shall be administered by the Director of the Center for Sustainability at SCU under the supervision of the Division Vice President, to which they report, and in consultation with SCU’s Vice President for Diversity, Equity, and Inclusion.

Administration and Decision-Making:

1. SCU shall be the sole administrator of the SVPSF Post-baccalaureate Fellow awards; provided, that any such decision shall comply with the terms of this Agreement.

2. SCU’s Center for Sustainability Director shall have final decision-making authority on the administration of the SVPSF Postbac and may delegate administrative functions to members of their staff.

Silicon Valley Power/City of Santa Clara Grant Agreement (April 2025) – Page 3

3. SCU shall retain decision-making authority over all individual awards. The City shall not have an active role in the process of selecting and awarding the SVPSF Postbac; provided that any such decision shall comply with the terms of this Agreement.

4. SCU may, at its discretion, delegate components of the participant selection process to partnering Climate/Sustainability Corps programs that have an appropriate selection and vetting infrastructure in place and a process that aligns with our hiring goals.

5. SCU shall fully comport with the Grant inspiration, purpose, and other terms of this Agreement.

Function, Number, Location, Position Qualifications:

6. The SVPSF Postbac shall be offered as a full-time paid position to a recent graduate of Santa Clara or another baccalaureate institution. The position may provide a variety of services, including but not limited to (1) project-based oversight, (2) mentoring SVPSF fellows and scholars, (3) hosting relevant events, (4) liaising with SCU faculty, the local community, and City agencies, (5) identification of future projects aligned with SCU program objectives and the goals of the City of Santa Clara Climate Plan, (6) support for the implementation of completed project deliverables and policy recommendations into practice, and (7) development, management, and operations of datasets, tools, GIS mapping frameworks, and other shared assets supporting the SVPSF program.

7. SVPSF Postbac awards shall be offered to candidates with a two-year term. Should a candidate decide not to renew for the second year or, at any time, terminate their position early, SCU may hire a new candidate for the remainder of the term.

8. SCU shall award at least one SVPSF Postbac award and may, at its discretion, combine this Grant with other external funding from organizations such as the SEI Climate Corps, Sustainability Service Corps, AmeriCorps, California Climate Action Corps, or others to expand the number of available awards; provided that any such program shall be compatible and serve the goals of the SVPSF Program as described on the second page. The City reserves the right to reject any combined funding.

9. The SVPSF Postbac shall be housed at the Santa Clara University campus and, at the discretion of SCU, may be hosted for short-term residencies or part-time hours from City agency or partner sites.

10. Qualified applicants shall have earned their baccalaureate degree from Santa Clara University or another accredited four-year college or university within four years of the position’s start date and demonstrate the following:
a. A record of academic and project-based leadership experience in a relevant sustainability-oriented field,
b. Charisma, leadership, and the capacity to effectively mentor undergraduate students in project-based assignments,
Silicon Valley Power/City of Santa Clara Grant Agreement (April 2025) – Page 4 c. Strong analytical and communication skills, including the development and implementation of policy research, quantitative analysis models, GIS mapping, and qualitative analysis, as well as the production of high-quality narrative reports and policy recommendations,
d. Strong capacity to organize and manage multiple partner relationships and projects with competing deadlines and priorities, and
e. Fluency with modern project management software and disciplinary technologies that are judged critical to program execution.

Candidate Prioritization: SCU shall prioritize the selection of candidates who:

1. Demonstrate a clear intention to pursue graduate studies or a career path in sustainability or clean power jobs, and

2. Have prior experience with theoretical and project-based approaches that involve equity in sustainability fields.

Recipient Disclosures: As a condition of accepting the SVPSF Postbac, recipients shall agree to disclose their individual name, the name of their current or most recently attended university, city of residence, and SVPSF Postbac grant amount to the City. Should the Post-baccalaureate Fellow also be simultaneously enrolled as a student in one of SCU’s graduate programs and subject to FERPA regulations, any information not qualifying as Directory Information under SCU’s Family Educational Rights and Privacy Act of 1974 (FERPA) policy would be subject to Section VI.1, FERPA.

II. GRANT RECOGNITION
In the interest of communicating the impact of this Grant and SCU’s progress toward its vision of advancing career pathways for the sustainability and clean power sectors, SCU shall provide the following to the City:

1. Annually, the grant recipient will collaborate with the SCU’s Institutional Giving Office to develop/update a key performance indicator (KPI) matrix (e.g., academic progress, graduation success, selection of sustainability careers, etc.) that will track program activities, outcomes, and impacts. At the end of each academic year, these KPIs will be translated into a brief narrative progress report for submission to the City and its City Council.

2. Annually, the SCU SVPSF Postbac leads shall make reasonable arrangements to host City staff and executives for a campus visit to meet with students, engage with their projects, and discuss project ideas, mentorship opportunities, etc. Selected students may also be invited to share their experiences at Santa Clara City Council meetings or events.

3. Annually, the SCU SVPSF Postbac leads shall make reasonable arrangements with the City to develop a brief impact story or video featuring at least one scholar or fellow that can be shared publicly via SCU and City digital media channels.

III. GRANT RECOGNITION
Silicon Valley Power/City of Santa Clara Grant Agreement (April 2025) – Page 5 Except as otherwise provided in this Agreement, neither Party shall use the name of the other Party or the name of any division thereof, or any logo or insignia of other Party or division thereof, or otherwise identify the other Party or division thereof, in any form of publicity or disclosure without the prior written consent the other Party, which consent may be withheld in the other Party’s sole discretion. Any request for any such name or insignia use shall be directed to the Office of Marketing and Communications at SCU, in the case of SCU.

IV. GRANT PAYMENT SCHEDULE
The Grant will be paid in two equal installments in cash or other marketable securities on the following schedule:

Year 1: a payment of $68,000 shall be made by XXXX, 2025 Year 2: a payment of $70,720 shall be made by May 30, 2026 V. GRANT RENEWAL AND COST-OF-LIVING ESCALATION
This Agreement may be extended for additional two year terms by execution of an extension letter between the authorized executive of each Party. The baseline annualized value of the award shall be $70,720 in 2025 dollars and shall escalate by 4% annually thereafter to adjust for increases in the cost of living.

VI. MISCELLANEOUS

1. FERPA: The City recognizes that SCU is an educational institution subject to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; 34 CFR Part 99 (“FERPA”) and that the City may have access to student information during the performance of the Agreement.

The City agrees that it is a “School Official” (as that term is used in 34 CFR Part 99, §99.31(a)(1)(i)(B)) with a “legitimate educational interest” in any student data that is protected by FERPA and, therefore, the City agrees that with respect to all student data that is protected by FERPA, to the extent that the City accesses unencrypted student data that is subject to FERPA, the City will comply with all obligations of a School Official with respect to such access.

2. Intellectual Property Ownership: The Parties agree that, except as specifically provided herein, all deliverables described in Section II of the Agreement (“Deliverables”) are the property of SCU and that all copyrightable material, notes, records, drawings, designs, inventions, improvements, developments, discoveries and trade secrets conceived, discovered, developed or reduced to practice by SCU, solely or in collaboration with others, during the term of this Agreement and arising out of, or in connection with, the performance of this Agreement (collectively, “Inventions”), are the sole property of SCU. To the extent that SCU Intellectual Property is incorporated into any Deliverables, as described under Section II of this Agreement, SCU grants the City an irrevocable, nonexclusive, non-transferable, royalty-free, limited license for the City to use SCU Intellectual Property to the extent necessary to provide such Deliverables and for the City’s use only.

This Agreement contains the entire agreement of the Parties with respect to the matters covered hereby, and no agreement, statement or promise made by either the City or SCU which is not Silicon Valley Power/City of Santa Clara Grant Agreement (April 2025) – Page 6 contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any matters covered hereby shall be effective for any purpose.

By their execution of this Agreement below, the Parties are to be bound by this Agreement.

CITY OF SANTA CLARA
_____________________________________________ ________________________ Jōvan Grogan Date
City Manager
Approved as to Form
_____________________________________________ ________________________ Glen R. Googins Date
City Attorney

SANTA CLARA UNIVERSITY
_____________________________________________ ________________________ Julie H. Sullivan, President Date
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-81 Agenda Date: 6/10/2025

REPORT TO COUNCIL

SUBJECT
Action to Authorize the City Manager to Issue Purchase Orders and Negotiate and Execute an Agreement for Services with ZOM Inc., (Doing Business as Eagle Security Service) to Provide AsNeeded Services of Physical Access Control Systems for Silicon Valley Power

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s Electric Utility, Silicon Valley Power (SVP), operates and maintains over 40 critical facilities that require robust physical security infrastructure. To support ongoing operations and ensure compliance with the North American Electric Reliability Corporation (NERC) Critical Infrastructure Protocol (CIP) and SVP’s safety and security requirements, staff requires contracted services for the maintenance and support for the Physical Access Control Systems (PACS).

The required services include locksmith support, installation and maintenance of security cameras, card access systems, and gate operators. SVP currently manages over 100 security cameras that require regular servicing including testing, repair, and upgrades. SVP requires a contractor who will also provide cabling services for CAT6+ and fiber installations and support for software upgrades related to the existing PACS software platform including Open Options DNA Fusion and Milestone Software.

DISCUSSION
Pursuant to Section 2.105.140(c) of the Santa Clara City Code, a formal Request for Proposals (RFP) was conducted for Physical Access Control Systems services.

The RFP for Physical Access Control Systems was published on the City’s e-procurement system.

One proposal was received from ZOM Inc., doing business as Eagle Security Service (Eagle). The proposal was independently evaluated by a three-member evaluation panel against the criteria and weights published in the RFP, which included experience, technical capability, and cost. The panel determined that Eagle’s proposal met the requirements of the RFP.

Based on this evaluation, staff recommend entering into a master service agreement with Eagle to provide as-needed PACS-related services. The proposed agreement has a four-year initial term, starting on June 1, 2025, and ending on May 31, 2029, with options to renew for up to five additional years. The initial maximum compensation is $1,000,000, based on historical usage and anticipated projects.

Services will be quoted and invoiced on either a fixed price or time-and-materials basis at the rates City of Santa Clara Page 1 of 3 Printed on 6/6/2025
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specified in the agreement. As an authorized reseller of Open Options DNA Fusion and Milestone Software, Eagle will also provide support services associated with those solutions.

Given the potential for increased service needs due to unanticipated events or regulatory changes, staff is also seeking authorization for the City Manager to negotiate and execute amendments to the agreement as further detailed in the recommendations. This additional authority will ensure continued compliance with NERC CIP requirements and support the maintenance of critical physical security infrastructure at SVP locations.

While staff is finalizing the agreement for execution, staff recommend that the City Manager is authorized to issue purchase orders for critical services needed between the time of this authorization and the execution of the final agreement.

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulation in that it can be seen with certainty that there is no possibility that the proposed actions may have a significant effect on the environment.

FISCAL IMPACT
The maximum compensation for the initial four-year term under the proposed Agreement with Eagle Security is $1,000,000. Sufficient funds are available in the FY 2024/25 Operating Budget in the Electric Utility Fund.

Funds required for this agreement in future years and, if needed, funds required for any increases to the maximum compensation will be included in proposed budgets for the corresponding years.

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

RECOMMENDATION

1. Authorize the City Manager or designee to issue purchase orders to and negotiate and execute an agreement with ZOM Inc., doing business as Eagle Security Service (Agreement), to provide as-needed Physical Access Control Systems (PACS) services or other services for Silicon Valley Power for a term starting on June 1, 2025, and ending on May 31, 2029, with a maximum compensation of $1,000,000, to be funded by the Electric Utility Fund, subject to the review and approval as to form by the City Attorney; and

2. Authorize the City Manager or designee to take any actions as necessary to implement and administer the Agreement, and to negotiate and execute amendments to the Agreement to: (a) City of Santa Clara Page 2 of 3 Printed on 6/6/2025
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add or delete services consistent with the scope of services, (b) adjust future rates based on market conditions, (c) extend the term by up to five additional years through May 31, 2034, (d) make de minimis changes, and (e) increase the maximum compensation by up to $1,000,000 for a total maximum compensation of $2,000,000 over the nine-year term, subject to the appropriation of funds and review and approval as to form by the City Attorney.

Reviewed by: Nico Procos, Acting Director of Silicon Valley Power Approved by: Jovan D. Grogan, City Manager
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-521 Agenda Date: 6/10/2025

REPORT TO COUNCIL

SUBJECT
Action to Authorize the City Manager to Negotiate and Execute Agreements and Purchase Orders with CMMS Data Group, Inc. (CDG) for MVP Plan Computerized Maintenance Management Software Related to Silicon Valley Power Operations

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s electric utility, Silicon Valley Power (SVP), relies on a Computerized Maintenance Management Software (CMMS) called MVP Plant, provided by CMMS Data Group, Inc. (CDG), to support its operations. MVP Plant helps SVP manage its teams, assets, inventory, workflow, compliance, and other maintenance activities.

Currently, the system tracks over 22,000 parts, and in 2024, more than 1,700 work orders were entered and completed using the system.

Since implementation in 2018, SVP has paid approximately $212,000 for licenses, support, and maintenance services for MVP Plant. Pursuant to Section 2.105.300 of the Santa Clara City Code (City Code), the City Manager is authorized to execute purchase orders and agreements on behalf of the City in amounts up to $250,000. As total expenditures for MVP Plant are projected to exceed this threshold, staff is seeking City Council authorization to continue the use and support of the system.

DISCUSSION
The MVP Plant is a critical system for SVP’s day-to-day operations. To ensure continued use and support of the CMMS, staff is seeking authorization for the City Manager to issue purchase orders or, where appropriate, negotiate and execute agreements with CDG for licenses, support, and maintenance services through December 31, 2031. The City has historically issued purchase orders for this annual software support and maintenance but, if special services are required, it may be more appropriate to negotiate and execute an agreement.

This recommendation is made pursuant to Section 2.105.280(b)(2) of the City Code, which exempts purchases from competitive procurement requirements when necessary to ensure continued operation and function of existing systems currently in use by the City. CDG is the sole provider of licenses, maintenance, and support services for MVP Plant.

Staff is requesting authorization for a maximum compensation of $900,000, which includes approximately $212,000 already paid to date for software licenses, support services, updates, maintenance releases, service packs, patches, and hotfixes, and approximately $688,000 in City of Santa Clara Page 1 of 3 Printed on 6/6/2025
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projected future costs through the end of the contract term.

The projected future costs include approximately $300,000 for base maintenance and support services, and $388,000 for anticipated cost escalation and additional services that may be required such as upgrades, training, or specialized support needed from the vendor. Of course, this funding allocation may change depending on future needs. As SVP’s system is growing and staffing is changing, there may be increased need for this service or for staff training. Additionally, for a system in place for this length of time, system upgrades may be required.

A breakdown of the compensation is provided in Table 1 - MVP Plant CMMS Compensation Summary below.

Table 1 - MVP Plant CMMS Compensation Summary
Description Amount
Amount Paid to Date (2018 - 2024) $212,000
Estimated Future Costs (2025 - 2031) $688,000
Total Not-to-Exceed Amount $900,000

ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulation in that it can be seen with certainty that there is no possibility that the proposed actions may have a significant effect on the environment.

FISCAL IMPACT
Sufficient funds for the MVP Plant CMMS and associated services are available in the FY 2024/25 Operating Budget, Generation Program, in the Electric Utility Operating Fund.

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

RECOMMENDATION

1. Authorize the City Manager or designee to issue purchase orders and to negotiate and executed agreements or amendments with CMMS Data Group, Inc. for MVP Plant Computerized Maintenance Management Software (CMMS) and associated services for a maximum compensation of $900,000 for the period between January 1, 2020, through December 31, 2031, subject to the appropriation of funds and review and approval as to form by the City Attorney; and

2. Authorize the City Manager or designee to take any actions necessary to implement and City of Santa Clara Page 2 of 3 Printed on 6/6/2025
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administer the purchase orders or agreements, including negotiating and executing amendment (s) to (a) add or delete services associated with the services, (b) adjust future rates based on market conditions, and (c) make de minimis changes, subject to budget appropriations and review and approval as to form by the City Attorney.

REPORT TO COUNCIL

SUBJECT
Action on Amendment No. 1 to the Agreement with Sedgwick Claims Management Services, Inc., for Third Party Administrator (TPA) Services in Support of the City's Self-Insured Workers' Compensation Program

COUNCIL PILLAR
Manage Strategically Our Workforce Capacity and Resources

BACKGROUND
Sedgwick Claims Management Services, Inc. (Sedgwick) has served as the City’s third-party administrator (TPA) for Workers’ Compensation claims since 1977. Sedgwick is the successor organization to Gates McDonald and Cambridge, and has provided claims administration services including assisting in managing employee workers’ compensation claims, claims costs, and claims outcomes in accordance with the State Labor Code. Sedgwick also provides ancillary services including bill review, utilization review and nurse case management.

The current agreement with Sedgwick was approved by the City Council on June 23, 2020, for an initial two-year term beginning July 1, 2020, with an option to renew for three additional one-year extension options through June 30, 2025.

Staff was planning to conduct a thorough analysis of the third-party claims management services prior to the expiration date. However, due to staff changes/vacancies, including the Risk Manager vacancy, staff was unable to complete this assessment. The Human Resources Department is now recruiting for the new Risk Manager, which will report to the City Attorney’s Office, and anticipates that the recruitment will be completed by Summer 2025.

DISCUSSION
To ensure uninterrupted workers’ compensation administration services, staff is seeking City Council approval to negotiate and execute Amendment No. 1 to the agreement with Sedgwick to extend the term through June 30, 2028. The proposed amendment would increase the compensation by $1,289,078 for a revised total maximum compensation of $3,143,657. The 3.5% annual increase proposed in the amendment is consistent with the Consumer Price Index.

This recommendation is made in accordance with the Santa Clara City Code Section 2.105.290(b), which permits non-competitive procurement when it is impractical to obtain the required services while also complying with competitive requirements.

The City is currently recruiting for a new Risk Manager, who will have the central role in evaluating the City’s workers’ compensation administration strategy, including leading a competitive City of Santa Clara Page 1 of 3 Printed on 6/6/2025
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procurement Request for Proposals (RFP) process and/or assessing cooperative purchasing options to ensure the City secures the best value and services. Extending the current agreement at this time provides continuity of services and ensures the City remains in compliance with workers’ compensation regulations and obligations
Sedgwick’s long-term service to the City, combined with its acquisition of York Risk Services - one of the most established providers in the public sector - further enhances their capacity to support the City’s needs. The City also benefits from Sedgwick’s alignment with the California State Association of Governments Excess Insurance Authority (CSAC- EIA), the risk pool the City participates in to buy its excess lines and specialty insurance coverage, including Workers’ Compensation. York had been an integral partner with the EIA on their first-dollar primary workers’ compensation program and serves a large number of public member entities in the EIA’s excess workers’ compensation program and was recognized for providing best-practice TPA claims management services to CSAC-EIA members. Sedgwick’s acquisition of York makes them a preferred provider with the EIA, which is one of the largest public risk pooling organizations in the United States.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Furthermore, the action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The proposed Amendment No. 1 increases the total not-to-exceed amount by $1,289,078 (from $1,854,579 to $3,143,657). The budget for these services is included in the Workers’ Compensation Fund contractual services account as part of the FY 2025/26 and FY 2026/27 Proposed Operating Budget. Appropriations in future years will be incorporated as part of the budget development process.

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

RECOMMENDATION
Authorize the City Manager or designee to negotiate and execute Amendment No. 1 to the agreement with Sedgwick Claims Management Services, Inc. for third-party administration services City of Santa Clara Page 2 of 3 Printed on 6/6/2025
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supporting the City’s Self-Insured Workers' Compensation Program to extend the term by three years through June 30, 2028 and increase the maximum compensation by $1,289,078 for a revised total not-to-exceed compensation amount of $3,143,657, subject to the appropriation of funds and review and approval as to form by the City Attorney.

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Agreement with Sedgwick Claims Management Services, Inc.

2. Amendment No 1 with Sedgwick Claims Management Services, Inc.

City of Santa Clara Page 3 of 3 Printed on 6/6/2025
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20-508

REPORT TO COUNCIL

SUBJECT
)
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
Agenda Date: 6/23/2020
Action on Agreement with Sedgwick Claims Management Services, Inc., for Third Party Administrator (TPA) Services in Support of the City's Self-Insured Workers' Compensation Program [Council Pillar:

Manage Strategically Our Workforce Capacity and Resources]

BACKGROUND
,Sedgwick Claims Management Services, Inc (Sedgwick) is the successor organization to Gates McDonald and Cambridge and has been providing Workers' Compensation TPA services to the City since 1977. The service components consist of basic claims administration services and ancillary services designed to assist in managing employee workers' compensation claims, claims costs, and claims outcomes in accordance with the State Labor Code. The ancillary services include bill review, utilization review and nurse case management. Council approved an amendment to the current agreement with Sedgwick extending the term an additional year through June 30, 2020 in order to provide sufficient time to administer a Request for Proposals (RFP) process to ensure that the City was getting the best services and value. This procurement process was to also evaluate the relationship with Sedgwick relative to service delivery, cost structure and best-practice claims administration considerations.

DISCUSSION
As TPA services were being reviewed, Sedgwick acquired one of the largest public entity TPA providers in California, York Risk Services Group (York) in September 2019. This acquisition significantly changed the marketplace, as York has the largest public entity practice in this market and was a potential successor to Sedgwick. Additionally, York has been a key provider of TPA services to the California State Association of Governments Excess Insurance Authority (CSACEIA), the risk pool the City participates in to buy its excess lines and specialty insurance coverage, including Workers' Compensation. York has been an integral partner with the EIA on their first-dollar primary workers' compensation program and serves a large number of public member entities in the EIA's excess workers' compensation program and is recognized for providing best-practice TPA claims management services to CSAC-EIA members. Sedgwick's acquisition of York makes them a preferred provider with the EIA, which is one of the largest public risk pooling organizations in the United States.

While the City was evaluating these changes and their potential impact to the City's services, pricing and an RFP, the Human Resources department was unexpectedly impacted by the COVID-19 global pandemic and immediately needed to redirect its resources to addressing the broad and complex impact on city-wide operations and City employees. Staffing changes/vacancies within Human Resources further impacted the City's ability to complete an RFP and the decision was made to leverage the Sedgwick acquisition of York in the short term and extend the agreement for two years.

This extension provides city staff time to prepare a Request for Proposal, to focus on the impacts of City of Santa Clara Page 1 of 3 Printed on 6/19/2020
20-508 Agenda Date: 6/23/2020
COVID-19, including budgetary impacts, to address priorities as well as look at staffing and resource efforts.

Staff is proposing a base two-year agreement, beginning July 1, 2020 through June 30, 2022, and three one-year option terms with Sedgwick. The new pricing structure of this agreement provides price stability to the City for the TPA and bill review elements of the agreement while ensuring continued quality service is delivered by Sedgwick. This pricing structure avoids unpredictable cost spikes for the City that were experienced in the current volume-based pricing structure, avoiding fluctuations of as much as $127,000 year-over-year. The not-to-exceed compensation amount for the two-year term of this agreement is $687,754. This is $11,186 more per year than the average actual expense was for the prior five-year period and represents a 3.3% increase.

This Agreement requires that all Sedgwick personnel acting as examiners on City claims possess a current Workers Compensation Claims Administration (WCCA) certification from the State of California; this Agreement therefore falls within the purview of SCCC 2.105.330(e)(1) ["contracts for specialized services from licensed professionals"]. ·

ENVIRONMENTAL REVIEW
The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Furthermore, the action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The term of this agreement will begin on July 1, 2020 and terminate on June 30, 2022, with an option to renew for three additional one-year periods. The maximum compensation under this agreement is $1 ,854,579, subject to the appropriation of funds. Appropriations for these services are included in the Workers' Compensation Fund Contractual Services account as part of the FY 2020/21 Operating budget. Appropriations in future years will be incorporated as part of the budget development process.

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

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

RECOMMENDATION
Approve and authorize the City Manager to execute the Agreement for TPA services supporting the City of Santa Clara Page 2 of 3 Printed on 6/19/2020
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City's Self-Insured Workers' Compensation Program with Sedgwick Claims Management Services, Inc. for the not-to-exceed compensation amount of $1,854,579.

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Agreement with Sedgwick Claims Management Services, Inc.

City of Santa Clara Page 3 of 3 Printed on 6/19/2020
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)
EBIX Insurance No. S200002506

AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC,.

PRl=AMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Sedgwick Claims Management Services, Inc., an Illinois corporation, (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."

RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.

The Parties agree as follows:

AGREEMENT TERMS AND CONDITIONS

1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:

Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - CSAC-EIA Workers' Compensation Claims Administration Guidelines This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, Agreement with Sedgwick Claims Management Services , Inc.

Rev. 07-01-18

Page 1 ends

whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.

2. TERM OF AGREEMENT
Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 2020 and terminate on June 30, 2022. This Agreement shall automatically renew for up to three (3) additional one (1) year option periods except when written notice of non-renewal is delivered by either party to the other. Such notice must be delivered a minimum of one hundred and eighty ( 180) days prior to the next expiration date of this Agreement. All such renewal periods shall comply with the compensation allocation parameters set forth in Section 6 of this Agreement.

3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A. Time is of the essence.

4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.

5. QUALIFICATIONS OF CONTRACTOR-STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.

6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES." The maximum Agreement with Sedgwick Claims Management Services, Inc.

Rev. 07-01-18
Page2
compensation of this Agreement for third-party administration and bill review services, to include options years, is One Million Eight Hundred Fifty-Four Thousand Five Hundred Seventy Nine dollars ($1,854,579.00), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. Rates for other ancillary services in Exhibit B shall be paid as needed as a claim file expense not associated with this maximum compensation. All other work performed or materials provided in excess of the maximum compensation not included in Exhibit B shall be at Contractor's expense.

Contractor shall not be entitled to any payment above the maximum compensation according to these terms and conditions under any circumstance.

7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than one hundred and eighty (180) days' prior written notice to Contractor.

B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.

C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than thirty (30) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.

D. Upon notice of termination of this agreement, Contractor shall cooperate and assist in the transition to a new vendor in a manner that is usual and customary in the industry. This includes accurate and timely transition of all claims system data as instructed by the City to the new vendor and maintaining all claims administration activities in accordance with this agreement and with industry standards. Failure to comply with this Section 7(0) will be considered a breach of contract and Contractor agrees they will be responsible for all costs incurred by City, whether direct or indirect, for curing such deficiencies. Any legal costs incurred by the City in enforcing this Section 7(0) shall be borne by the Contractor.

8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.

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Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.

9. NO THIRD-PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third-party or parties and no third-party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.

10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.

11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.

12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.

13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement with Sedgwick Claims Management Services, Inc.

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Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.

Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.

14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fet:;S in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.

B. Contractor's obligation to protect, defend, indemnify, and hold harm less in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.

C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.

D. Workers' Compensation Acts not Limiting. Contractor's indemnifications and obligations under this Section 14, or any other provision of this Agreement, shall not be limited by the provisions of any workers' Agreement with Sedgwick Claims Management Services, Inc.

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compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents,· employees and volunteers.

E. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 14 shall apply regardless of whether or not any . insurance policies are determined to be applicable to the liabilities, tax, assessment, penalty or interest asserted against City. ·
F. Survival of Terms. Contractor's indemnifications and obligations under this Section 14 shall survive the expiration or termination of this Agreement.

15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.

16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.

17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:

City of Santa Clara
Attention: Human Resources
1500 Warburton Avenue
Santa Clara, CA 95050
Email 1: [email protected]
Email 2: [email protected]
Phone: 408-615-2080
Fax: 408-985-0667
And to Contractor addressed as follows:

Sedgwick Claims Management Services, Inc.

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8125 Sedgwick Way
Memphis, TN 38125
Email:

Phone: 901-415-7400
Fax: 901-415-7409
The workday the e-mail was sent shall control the date notice was deemed given.

An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.

18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally, Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).

19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.

20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, · medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.

21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.

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22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.

23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.

24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.

25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.

Agreement with Sedgwick Claims Management Services, Inc.

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The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
Dated:
"CITY"
~( EANN .SANTANA
City Man~ ger
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.
an Illinois corporation
Dated: June 15, 2020
By (Signature): (J Cdw-aA-d /J~
Name: & Edward Peel
Title: Vice-President
Principal Place of 8125 Sedgwick Way
Business Address: Memphis, TN 38125
Email Address: ----------------- Te I e phone: (901) 415-7400 Fax: (901) 415-7409
"CONTRACTOR"
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EXHIBIT A

SCOPE OF SERVICES
The Services to be performed for the City by the Contractor under this Agreement are set forth below for each service element to be delivered. It is expected that adjustments to services will be required if new laws and/or regulations are enacted that affect the delivery of benefits under the State's workers' compensation statutory construct. As the Contractor is a sophisticated operator in the field it is expected that these types of changes were contemplated in the process of submitting a proposal for these services and pricing included anticipation of such statutory/regulatory changes. The City requires that all TPA services be provided in a manner that is customary in the industry as a minimum. The particular requirements included in this Scope of Services are very specific to the City's requirements and philosophy for effective workers' compensation program management, but may not include all elements that arise due to changes in the statutory/regulatory scheme and may not include every element that is considered an appropriate standard of care in the business. Following is a listing of the primary service elements required along with basic expectations. It is expected that Contractor will provide quality service that is customary in the business.

A. Third-party Administrator (TPA)
The following service elements are the minimum requirements of the City for TPA services.

1. All claims, files, records, reports and supporting documentation related to City claims are the property of the City.

2. The Contractor and any sub-contractors must maintain insurance coverages consistent with those included in Exhibit C of this Agreement.

3. The Contractor must have a claims office that houses the City claims examining team in a location in the Bay Area to ensure accessibility for vendor staff and City staff to easily meet.

4. The Contractor must conform to the then-current claims administration guidelines of the CSAC-Excess Insurance Authority, or successor agency, that are in effect at any given point in time. The current specifications are included in Exhibit D of this Agreement. Of particular importance are the sections dealing with case review and documentation, three-point contact, resolution of claim, case closure, and staffing levels.

5. Administration of all City claims must be performed under the management and supervision of an individual with an extensive public entity examiner/adjuster background that possesses and maintains a current certificate to administer workers' compensation claims from the State of California. A certificate in SelfInsurance Plan administration is preferred.

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6. All Examiners assigned to the City's account must possess and maintain a current certificate to administer workers' compensation claims in the State of California. A certificate in Self-Insurance Plan administration is preferred.

7. The Contractor must prepare in a timely manner the information necessary to issue Federal form 1099 notices to vendors paid through the Contractor and provide the information to the City Finance Department in a form acceptable to the Finance Department. Conversely, the Contractor must timely provide Form W-9 and Form CA590 to the Finance Department as required by statute.

8. The Contractor must timely notify the City's excess carrier of all claims that meet the criteria contained in Exhibit D of this Agreement and any future revisions of Exhibit D.

9. The Contractor shall within 90 days of a claim opening provide information to the City concerning all claims with subrogation potential. The Contractor shall respond to the first request for information by acknowledging that the claim has been presented and providing a brief prognosis for the claim. The Contractor shall respond to subsequent status requests by providing the current status of the claim and a printout of the payments made to date. Once the claim is closed, the Contractor must forward copies of all bills paid along with a printout of the payments. The Contractor must have the ability to provide an acceptable report to Human Resources Staff on a recurring and per request basis.

10. The Contractor must prepare the Public Self-Insurer's Annual Report and transmit to the City for signature four weeks in advance of the deadline for submission to the State of California.

11. The Contractor must coordinate all return to work related issues with Human Resources Staff. This includes supporting the interactive process in applicable circumstances.

12. The Contractor must make available examiners and supervisors for participation in claims reviews with representatives of City Departments and Human Resources Department as scheduled/requested.

13. The Contractor must have appropriate staff available to participate in periodic meetings with, or training of, City staff with regard to issues associated with workers' compensation.

14. The City requires statistical information to analyze its workers compensation program for cost containment and actuarial purposes. The Contractor shall have data support/reporting capabilities that provide recurring monthly claims reports specified by the City, and an ability to provide graphs of claims data, at a minimum, by department. These reports should include the ability to feature types of injuries, causes of injuries, costs per claim, etc. It is preferable that the Contractor has a means of archiving recurring reports in a location accessible to City Human Resources Department Staff.

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15. The data support/reporting offered by the Contractor must allow City staff to access all claims information in an ad-hoc, on-demand fashion that permits some level of real time report creation/generation by City staff.

The following list is an exemplar and not conclusive list of the type of loss run information the City will require on an automatic, recurring basis. Other reports may be required periodically.
a. Monthly loss runs for all open and closed claims. The Contractor's program should have the ability to capture this information at any time during the year. This loss run must include the claim number, the date of the loss, date reported, cause of loss, type of loss, description of loss, body part affected (this item should have the ability to be updated if other body parts are later added), department and division, as well as amount paid, reserved, and total amounts incurred for all species of payments. TD, PD and 4850 benefits should be captured in this report.
b. Provider summaries to include individual claims, number of visits, visit intervals and dollars amounts.
c. Expense loss runs, which should have the ability to separate legal expenses, investigative expenses, medical legal expenses, and other expenses.
d. Incurred claims run on monthly or quarterly basis showing new claims filed within a specified time period.
e. Open claims run showing all claims open as of a specified date. f. The ability to facilitate accurate and timely reporting and tracking for all claimants meeting mandatory Medicare reporting requirements per Medicare Secondary Payer and related statutes. The reporting requirements include proper reporting to Medicare and in providing associated data to the City.
g. Monthly Stadium Claim costs reports.
h. Other customized reports as deemed necessary for program administration.

The reporting requirements discussed above, and any other reporting requirements that may be required/developed, must be available in an Excel spreadsheet format.

16. The Contractor must provide Human Resources Staff access to the Contractor's claim and reporting system. It is estimated that a minimum of two Staff members will need access to the system. However, there could be more.

17. It is preferred that the Contractor is able to provide an online Form 5020 entry system that is accessible to designated City staff in each department at some point during the course of this agreement. This system must generate a hardcopy of the form as well as populate the Contractor's claim system database.

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18. The City maintains a checking account at a bank with which to pay all workers compensation-related costs. The account was initiated with funds from the City's Workers' Compensation Internal Service Fund and is replenished regularly upon presentation by the Contractor of proof of issuance of checks.

The Contractor will be required to work with the City's Finance Department staff for accounting, bank reconciliation, and to provide electronic data to the bank in support of a Positive Pay system.

19. The Contractor must maintain its own checking account for paying self-imposed penalties and any other fees, costs or charges that are the responsibility of the administrator. The Contractor must provide monthly reports to track penalty payment activities. ·

20. The Contractor must provide reporting and tracking services to the City that comply with the requirements of Medicare Section 111 Mandatory Reporting requirements.

21. The Contractor shall properly secure and maintain the highest level of privacy and confidentiality of any and all claim information to which the Contractor is privy under this Agreement, unless and until the Contractor obtains the express written consent from the Human Resources Department to release such information. All claim information or any related information shall be considered to be confidential and shall be protected as such. This applies to any and all claims data in any form (oral, hard copy, or electronic) that the Contractor comes in contact with in the course of executing this Agreement, including, but not limited to, City workers' compensation claims, health and fiscal data, or any other personally identifiable data that should be reasonably understood to be confidential and not generally known or subject to public disclosure, or otherwise exempt from public disclosure under the law. Public disclosure shall mean disclosure to anyone (including City departments and employees not designated to the Contractor by City as being authorized to assist in administering claims activities within a given department) outside of the Human Resources Department and its authorized personnel and/or designee(s). The only exception to this requirement relates to any information that the Contractor is required by statute and or regulation to provide to other third parties, to include the State of California. The Contractor shall notify City about releases of information under these circumstances.

22. The Contractor must have a robust electronic claims management system that provides efficient use by TPA staff and designated Human Resources Staff.

B. Bill Review
The following service elements are the minimum requirements for Bill Review services provided to the City.

1. Bill Review is primarily a function intended to ensure payment of medical billings at the State mandated Official Medical Fee Schedule (OMFS) rate.

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Vendor-negotiated or other existing network savings below the OM FS are also a benefit of the Bill Review process.

2. Bill Review shall be performed on all billings related to the administration of the City's workers' compensation program.

3. The Contractor shall be responsible for facilitating the Bill Review process through all available electronic and manual means to provide maximum efficacy as is customary in the business.

4. It is expected that savings will be realized from a combination of the charging of an appropriate administrative fee for activities related to the Bill Review process, ensuring appropriate service codes compatible with services rendered are submitted by providers for payment, the payment of the appropriate OMFS rate for these services, and any negotiated network fee savings below the OMFS.

5. Reporting must be provided on a recurring basis that indicates appropriate rates for services are enforced via the process for all billings.

6. The City may contract with an unaffiliated third-party vendor to perform medical management consultation services. The Contractor will be required to work with any such medical management consultant to obtain any identified additional savings for the City that should have been found by the Contractor and may be required to reimburse for any savings verified by the medical management consultant that are not otherwise recoverable by the Contractor.

C. Utilization Review (UR)
The following service elements are the minimum requirements for UR services provided to the City.

1. Utilization Review is necessary in considering the efficacy of various medical procedures during the claim process. The City's philosophy is that basic medical Requests for Authorization (RFA's) should be resolved at the lowest possible level and UR is only necessary in circumstances where complicated medical issues are involved.

2. UR is intended to be a mechanism for ensuring appropriate treatment is rendered to City employees while maximizing cost effectiveness, not a mechanism to deny treatment or generate revenue.

3. Reporting must be provided in a recurring manner that shows the level at which UR decisions are made, an assignment of costs to these activities, as well as efficacy of referrals relative to provision of services to injured employees, good claim management principals, and cost impacts.

4. The City may contract with an unaffiliated third-party vendor to perform medical management consultation services. The Contractor will be required to work Agreement with Sedgwick Claims Management Services, Inc /Exhibit A-Scope of Services Rev. 07-01-18
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with any such medical management consultant to obtain any identified additional savings for the City that should have been found by the Contractor and may be required to reimburse for any savings verified by the medical management consultant that are not otherwise recoverable by the Contractor.

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EXHIBIT 8

SCHEDULE OF FEES
Pricing for subparagraphs A and B of this Exhibit B is based on the estimated claim volumes outlined above and the estimated required staffing to service those claims.

Sedgwick reserves the right to request modification of the annual flat fee if changes in program requirements or an increase in claim volume of greater than 10% impacts the staffing requirements of the unit. Any such request must be tendered no later than December 31 of any fiscal year in order to afford time for the City to process an amendment and request for additional appropriations to the City Council for approval. Any such modification will be contingent upon City Council approval. Claim administration services are contingent on Contractor also providing Managed Care services.

A. Claims Administratiion Services

1. For year one of this Agreement (July 1, 2020 through June 30, 2021), the City shall pay Contractor $22,655.17 per month for TPA services per this Agreement ($271,862.00 annual cost).

2. For year two of this Agreement (July 1, 2021 through June 30, 2022), the City shall pay Contractor $24,241.00 per month forTPA services per this Agreement ($290,892.00 annual cost).

3. If option year one is exerciesed in year three (July 1, 2022 through June 30, 2023), the City shall pay Contractor $25,937.83 per month for TPA services per this Agreement ($311,254.00 annual cost).

4. If option year two is exercised in year four (July 1, 2023 to June 30, 2024), the City shall pay Contractor $26,845.67 per month for TPA services per this Agreement ($322,148.00 annual cost).

5. If option year three is exercised in year five (July 1, 2024 to June 30, 2025), the City shall pay Contractor $27,785.25 per month for TPA services per this Agreement ($333,423.00 annual cost).

B. Bill Review Services

1. For year one of this Agreement (July 1, 2020 through June 30, 2021), the City shall pay Contractor $62,500.00 annual cost annually for Bill Review services per the terms of this Agreement.

2. For year two of this Agreement (July 1, 2021 through June 30, 2022), the City shall pay Contractor $62,500.00 annual cost annually for Bill Review services per the terms of this Agreement.

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3. If option year one is exercised in year three (July 1, 2022 through June 30, 2023), the City shall pay Contractor $65,000.00 annual cost annually for Bill Review services per the terms of this Agreement.

4. If option year two is exercised in year four (July 1, 2023 to June 30, 2024), the City shall pay Contractor $67,500.00 annual cost annually for Bill Review services per the terms of this Agreement.

5. If option year three is exercised in year five (July 1, 2024 to June 30, 2025), the City shall pay Contractor $67,500.00 annual cost annually for Bill Review services per the terms of this Agreement.

C. The following claim administration fees and services will be provided by the Contractor's managed care services. Managed care fees not set forth above are detailed below and will be charged to the appropriate claim file requiring the service, which is the industry custom. Contractor may update these fees from time to time with 60 days written notice to the City.

SERVICE DESCRIPTION RATE DESCRIPTION
Medical Bill Review and Provider Networks
-The annual flat fee for Bill Review set forth above covers up to 3,640 bills per year; Bills exceeding that threshold will be chargedat$18.55 per bill.

Preferred provider organization (PPO)
networks/ out of network services -Additionally, bills $100,000 or greater, will have PPO fees charged at 17% of savings. Surgical implant bills
discounted have PPO fees charged at 27% of savings.

Clinical Services
$80 per call
Clinical consultation Implementation fee (one-time)- $1,550 Fees to be determined for changes to standard
workflows/script.

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$105 per call
Clinical consultation with intake (FROI) Implementation fee (one-time)-$1,550 Fees to be determined for changes to standard
workflows/script.

Telephonic case management Evaluation and recommendation $150 • 1-30 days: $395
• Everv 30 davs thereafter: $295
Surgery nurse service charged at same TCM rates as
outlined above.

Surgery nurse app- $75 per case
Nurse advocate $95 per hour
Behavioral health specialist $95 per hour
Utilization review $109 per review
Physician advisor/peer review $250 per review
Pharmacy nurse management/pain coaching: $115 per
Complex oharmacv manaqement hour
Option #1
• First medication $375
• 2 to 4 meds $650
• 5 to 7 meds $975
• 8 to 12 meds $1,400
• More than 12 meds $1,400 + $100 per each
additional med (script) with cap of $2,200
Option #2 - Physician and PharmD management (as
needed): $250 per hour
Work Placement Solutions
Transitional work placement (at Not-for- $900 for placement Profit) $450 No-show
$95 per hour
Vocational expert Custom return to work program design, development or consultation
$95 per hour, plus direct expenses Exceptions to standard rate:(1)
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Field case management: Full field Catastrophic case management: $140 per hour $660: One visit
Field case manaaement: Clinical assessment $795: Two visits Field case management: Vocational
screening/testing $695
Field case management: Vocational
assessment $870
Field case management: Job analysis $640
Field case management: Ergonomic
evaluation $710
Field case management: Labor market
survey $580
Field case management: Automated
transferable skill analysis $325
Field case management: Life care plan $145 per hour
Field case management: Expert
witness/expert testimony $150 per hour
Field case management: Customized RTW
services $145 per hour
Field case management: Limited assignment $95 per hour (1) Field case management: IME
facilitation/ attendance $118 per hour
Sedgwick Managed Care Administrative Services
Sedgwick standard medical card No charge; customization starts at $3,500 Standard provider panel postings Included in Sedgwick Bill Review program fees Agreement with Sedgwick Claims Management Services, Inc /Exhibit B-Scheduleof Fees Rev. 07-01-18
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California Lien Resolution
28% of the below fee schedule savings subject to
minimum fee of$125andcapof$7,500 per lien.

Expert witness testimony or hearing representation
charged at $125 per hour plus direct expenses
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EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect during the period of performance of the Agreement and for twentyfour (24) months following acceptance by the City, at its sole cost and expense, the following insurance policies from insurance companies authorized to do business in the State of California. These policies shall be primary insurance as to the City of Santa Clara so that any other coverage held by the City shall not contribute to any loss under Contractor's insurance. The minimum coverages, provisions and endorsements are as follows:

A. COMMERCIAL GENERAL LIABILITY INSURANCE

1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each Occurrence
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal Injury

2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.

3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf" basis with defense costs payable in addition to policy limits;
b. There shall be no cross-liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made, or a suit is brought, except with respect to the limits of liability.

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B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned (if any), non-owned and hired autos.

In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of one million dollars ($1,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.

C. WORKERS' COMPENSATION

1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.

2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).

3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.

D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.

Agreement with SedgvVick Claims Management Services, Inc /Exhibit C Insurance Pruvisions Rev. 07-01-18
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E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.

1. Additional Insureds. City of Santa Clara, its City Council, commIssIons, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85, or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.

2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.

3. Cancellation.

4. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of nonrenewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation.

In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.

Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.

F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:

Agreement with Sedgwick Claims Management Services, Inc /Exhibit C Insurance PIDvisions Rev. 07-01-18
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1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services, who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.

2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third-party for the c_ost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.

G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.

H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:

Agreement with SedgVllick Claims Management Services, Inc /Exhibit C Insurance Provisions Rev. 07-01-18
Page4
EBIX Inc.

City of Santa Clara Human Resources Department
P.O. Box 100085 - S2
Duluth, GA 30096
Or
EBIX Inc.

City of Santa Clara Human Resources Department
1 Ebix Way
John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.

Agreement with Sedgwick Claims Management Services, Inc /Exhibit C Insurance Provisions Rev. 07-01-18
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EXHIBIT D

CSAC-EIA WORKERS COMPENSATION CLAIMS ADMINISTRATION STANDARDS Adopted: December 6, 1985
Last Amended: July 1, 2019

ADDENDUM A

WORKERS' COMPENSATION

CLAIMS ADMINISTRATION STANDARDS
The following Standards have been adopted by the CSAC Excess Insurance Authority (hereinafter The Authority or the E IA) in accordance with Article 18(b) of the CSAC Excess Insurance Authority Joint Powers Agreement. It is the intent of these Standards to ensure compliance with all applicable Labor Code and California Code of Regulations Sections. In the event that there exists a conflict between the Standards, the Labor Code or the Code of Regulations, the most stringent requirement shall apply.

I. CLAIM HANDLING -ADMINISTRATIVE
A. Case Load

1. Each claims examiner assigned to the Member should handle a targeted caseload of 150 but not to exceed 165 claims. In situations where caseloads include future medical and medical only claims, these claims shall be counted as 2:1 in the caseload limit.

2. Supervisory personnel should not handle a caseload, although they may handle specific issues or a small number of conflict claims.

B. Case Review and Documentation

1. Documentation shall reflect any significant developments in the file and include a plan of action. Plan of action statements shall be updated at the time of examiner diary review.

2. The examiner shall review indemnity and medical-only files at intervals not to exceed 45 calendar days. Future medical files shall be reviewed at intervals not to exce~d 90 calendar days.

3. The supervisor shall review all new claims within 60 calendar days of initial set up and subsequently monitor activity on indemnity files at intervals not to exceed 120 calendar days. Future medical files shall be reviewed by the supervisor at intervals not to exceed 180 calendar days.

Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 1
Rev. 07-01-18

4. File contents shall comply with Code of Regulations Sections 10101, 10101.1 and 15400, and be kept in a neat and orderly fashion. If claims are maintained in a paperless system, documents shall be clearly identified (e.g., medical report, WCAB Orders, legal, etc.).

5. Medical Only Claims
a.) If a medical-only claim is still open at 90 calendar days, it shall be transferred to an indemnity examiner.
b.) If, at any time, it is anticipated there will be indemnity benefits paid, the claim shall be transferred to an indemnity claim type. c.) If the medical-only claim remains open at 180 days, the claim shall be converted to an indemnity claim type, unless there is documentation showing that medical treatment will be ending and the claimant wiU be discharged from care within the next 30 days, or the claimant is only seeking treatment for a blood-borne pathogen exposure protocol.

C. Communication

1. Telephone Inquiries
Return calls shall be made within 1 working day of the original telephone inquiry. All documentation shall reflect these efforts.

2. Incoming Correspondence
All correspondence received shall be clearly stamped with the date of receipt.

3. Return Correspondence
All correspondence requiring a written response shall have such response completed and transmitted within 5 working days of receipt.

4. Ongoing Claimant Contact
On cases involving unrepresented injured workers who are off work, telephone contact shall be made at a minimum of once every 30 days and within 3 working days after discharge from the hospital or outpatient facility following a surgical procedure. This is in addition to nurse case management involvement on claims where nurse case managers are assigned.

D. Fiscal Handling
Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 2
Rev. 07-01-18

1. Fiscal handling for indemnity benefits on active cases shall be balanced with appropriate file documentation on a semi-annual basis and prior to sending a benefit termination notice to verify that statutory benefits are paid appropriately. Balancing is defined as, "an accounting of the periods and amounts due in comparison with what was actually paid".

2. In cases of multiple losses with the same person, payments shall be made on the appropriate claim file.

E. Medicare Reporting
Mandatory reporting to the Center for Medicaid Services (CMS) shall be completed directly or through a reporting agent in compliance with Section 111of the Medicare Medicaid and SCHIP Extension Act of 2007 ("MM SEA").

Medicare eligibility shall be documented in the claim file at time of settlement evaluation.

II. CLAIM CREATION
A. Three Point Contact
Three-point contact shall be conducted on all claims with the nonrepresented injured worker, employer representative and treating physician within 3 working days of receipt of the claim by the third-party administrator or self-administered entity. If a nurse case manager is assigned to the claim, initial physician contact may be conducted by either the claims examiner or the nurse case manager. This initial contact should be substantive and clearly documented in the claim file. In the event a party is non-responsive, there shall be evidence of at least three documented attempts to reach the individual.

B. Compensability

1. The initial compensability determination (accept claim, deny claim or delay acceptance pending the results of additional investigation) and the reasons for such a determination shall be made and documented in the file within 14 calendar days of the filing of the claim with the employer. In the event the claim is not received by the third-party administrator or self-administered entity within 14 calendar days of the filing of the claim with the employer, the third-party administrator or self-administered entity shall make the initial compensability determination within 7 calendar days of receipt of the claim.

2. Delay of benefit letters shall be mailed in compliance with the Division of Workers' Compensation (DWC) guidelines. In the event the employer does not provide notice of lost time to the third-party Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 3
Rev. 07-01-18
administrator or self-administered entity timely to comply with DWC guidelines, the third-party administrator or self-administered entity shall mail the benefit letters within 7 calendar days of notification.

3. The final compensability determination shall be made by the claims examiner or supervisor within 90 calendar days of employer receipt of the claim form.

C. AOE/COE Investigation
If a decision is made to delay benefits on a claim, an AOE/COE investigation shall be initiated within 3 working days of the decision to delay. This may include, but is not limited to, assigning out for witness/injured worker statements, initiating the QME/AME process, requesting medical records, etc.

D. Reserves

1. Using the information available at claim file set up, an initial reserve shall be established for the most probable case value.

2. The initial reserve shall be electronically posted to the claim within 14 calendar days of receipt of the claim.

E. Indexing
All claims shall be reported to the Index Bureau at time of initial set up and reindexed on an as needed basis thereafter. Blood borne pathogen exposure claims are an exception to this requirement.

The EIA maintains membership with the Index Bureau that members can access.

Ill. CLAIM HANDLING-TECHNICAL
A. Payments

1. Initial Temporary and Permanent Disability Indemnity Payment a. The initial indemnity payment shall be issued to the injured worker within 14 calendar days of knowledge of the injury and disability. In the event the third-party administrator or selfadministered entity is not notified of the injury and disability within 14 calendar days of the employer's knowledge, the Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 4
Rev. 07-01-18
third-party administrator or self-administered entity shall make payment within 7 calendar days of notification. Initial permanent disability payments shall be issued within 14 calendar days after the date of last payment of temporary disability. Effective 1/1/2013; permanent disability payments shall be issued upon approval of an Award pursuant to Labor Code Section 4650(b)(2). Prior to a PD Award, advances may be due if the employer has not offered the employee a position paying at least 85% of their wages and compensation at time of injury or the employee is not employed in a position paying at least 100% of their wages and compensation at time of injury. This shall not apply with salary continuation.
b. The properly completed DWC Benefit Notice shall be mailed to the employee within 14 calendar days of the first day of disability. In the event the third-party administrator or selfadministered entity is not notified of the first day of disability until after 14 calendar days, the DWC Benefit Notice shall be mailed within 7 calendar days of notification.
c. Self-imposed penalty shall be paid on late payments in accordance with Section Ill. A.7 of this document.
d. Overpayments shall be identified and reimbursed timely where appropriate. The third-party administrator or selfadministered entity shall request reimbursement of overpaid funds from the party that received the funds. If necessary, a credit shall be sought as part of any resolution of the claim.

2. Subsequent Temporary and Permanent Disability Payments a. Eligibility for indemnity payments subsequent to the first payment shall be verified, except for established ·· long-term disability.
b. Ongoing indemnity payments shall be paid in accordance with Labor Code Section 4650( c).
c. Subsequent DWC benefit notices shall be issued in
accordance with CCR 9812.
d. Self-imposed penalty shall be paid on late payments in accordance with Section 111. A. 7 of this document.

3. Final Temporary and Permanent Disability Payments
Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 5
Rev. 07-01-18
a. All final indemnity payments shall be issued timely. b. The appropriate DWC benefit notices shall be issued in accordance with CCR 9812.
c. Self-imposed penalty shall be paid on late payments in accordance with Section Ill. A.7. of this document.

4. Award Payments
a. The claim file shall reflect demonstrated efforts to initiate/batch payments on undisputed Awards,
Commutations, or Compromise and Release agreements
within 10 working days following receipt of the appropriate document, unless the Award indicates payment is due sooner. b. For all claims in the primary workers' compensation program (PWC) and/or excess reportable claims, copies of all Awards shall be provided to the Authority at time of payment.

5. Medical Payments
a. Medical treatment billings (physician, pharmacy, hospital, physiotherapist, etc.) shall be reviewed for correctness, approved for payment and paid within 60 days of receipt. b. The medical provider shall be notified in writing within 30 days of receipt of an itemized bill if a medical bill is contested, denied or incomplete.
c. A bill review process should be utilized whenever possible.

There should be participation in a PPO and/or M PN whenever possible.

6. Injured Worker Reimbursement Expense
a. Reimbursements to injured workers shall be issued within 15 working days of the receipt of the claim for reimbursement. b. Advance travel expense payments shall be issued to the injured worker 10 working days prior to the anticipated date of travel.

7. Penalties
Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 6
Rev. 07-01-18
a. Penalties shall be coded so as to be identified as a penalty payment.
b. If the Member utilizes a third-party administrator, the Member shall be advised of the assessment of any penalty for delayed payment and the reason thereof, and the administrator's plans for payment of such penalty, on a monthly basis.
c. If the Member utilizes a third-party administrator, the Member, in their contract with the administrator, shall specify who is responsible for specific penalties.

B. Medical Treatment

1. Each Member shall have in place a Utilization Review process as set forth in Labor Code Section 4610.

2. Disputes regarding utilization review determinations shall be resolved using the Independent Medical Review process set forth in Labor Code Section 4610.5.

3. Nurse case managers shall be utilized where appropriate. Rationale for assignment and continued necessity shall be documented in the claim notes at each regular diary review.

4. If enrolled in a Medical Provider Network, the network shall be utilized whenever appropriate.

C. Apportionment

1. Investigation into the existence of apportionment shall be documented.

2. If potential apportionment is identified, all efforts to reduce exposure shall be pursued.

D. Disability Management

1. The third-party administrator or self-administered entity shall work proactively to obtain work restrictions and/or a release to full duty on all cases. The TPA or self-administered entity shall notify a designated Member representative immediately upon receipt of temporary work restrictions or a release to full duty, and work closely with the Member to establish a return to work as soon as possible.

2. The third-party administrator or self-administered entity shall notify a designated Member representative immediately upon receipt of an Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 7
Rev. 07-01-18
employee's permanent work restrictions so that the Member can determine the availability of alternative, modified or regular work.

3. If there is no response within 20 calendar days, the third-party administrator or self-administered entity shall follow up with the designated Member representative.

4. Members shall have in place a process for complying with laws preventing disability discrimination, including Government Code Section 12926.1 which requires an interactive process with the injured worker when addressing a return to work particularly with permanent work restrictions.

5. Third-party administrators or self-administered claims professional shall cooperate with members to the fullest extent, in providing medical and other information the member deems necessary for the member to meet its obligations under federal and state disability laws.

E. Supplemental Job Displacement Benefits

1. Supplemental Job Displacement Benefits - Dates of injury on or after 1/1/04 and before 1/1/13: Benefits pursuant to Labor Code Section 4658.5 shall be timely provided. Dates of injury on or after 1/1/13:

Benefits pursuant to Labor Code 4658.7 shall be timely provided.

2. The third-party administrator or self-administered entity shall secure the prompt conclusion of SJDB.

F. Reserving

1. Reserves shall be reviewed at regular diary and at time of any significant event, e.g., surgery, P&S/MMI, return to work, etc., and adjusted accordingly. This review shall be documented in the file regardless of whether a reserve change was made. Where the SIP model does not apply, claims shall be reserved for the most probable value.·

2. Indemnity reserves shall reflect actual temporary disability indemnity exposure with 4850 differential listed separately.

3. Permanent disability indemnity exposure shall include life pension reserve if appropriate.

4. Future medical claims shall be reserved in compliance with CCR 15300 (b)(4) allowing adjustment for reductions in the approved Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 8
Rev. 07-01-18
medical fee schedule, undisputed utilization review, medically documented non-recurring treatment costs and medically
documented reductions in life expectancy.

5. Allocated expense reserves shall include medical cost containment, legal, investigation, copy service and other related fees.

6. A reserve worksheet shall be utilized and/or detailed rationale substantiating reserve levels shall be documented within the claim file.

G. Resolution of Claim

1. Within 10 working days of receiving medical information indicating that a claim can be finalized, the claims examiner shall begin appropriate action to finalize the claim.

2. Follow up finalization efforts shall continue and be documented at regular diary reviews until resolution is complete.

3. Settlement value shall be documented appropriately utilizing all relevant information.

4. Where settlement includes resolution of future medical for a Medicare beneficiary or an expected Medicare beneficiary, the settlement shall document the strategy to protect Medicare's secondary payor status.

5. Pursuant to CCR15400.2, claim files with awards for future benefits shall be reviewed for administrative closure two years after the last provision of benefits.

H. Settlement Authority

1. No agreement shall be authorized involving liability, or potentia I liability, of the Authority without the advance written consent of the Authority. The member shall be notified of any settlement request submitted to the EIA.

2. The third-party administrator shall obtain the Member's authorization on all settlements or stipulations in excess of the settlement authority provided in any provision of the individual contract between the Member and the claims administrator.

3. Proof of settlement authorization(s) shall be maintained in the claim file.

Agreement with Sedgwick Claims Manager:nent Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 9
Rev. 07-01-18
IV. LITIGATED CASES
The third-party administrator or self-administered entity shall establish written guidelines for the handling of litigated cases. The guidelines should, at a minimum, include the points below, which may be adopted and incorporated by reference as "the guidelines".

1. The third-party administrator or self-administered entity shall promptly initiate investigation of issues identified as material to potential litigation. The Member shall be alerted to the need for inhouse investigation, or the need for a contract investigator who is acceptable to the Member. The Member shall be kept informed on the scope and results of investigations.

2. The third-party administrator or self-administered entity shall, in consultation with the Member, assign defense counsel from a list approved by the Member. Initial referral and ongoing litigation management shall be timely and appropriate. The third-party administrator or self-administered entity shall maintain control of the ongoing claim activities.

3. Settlement proposals directed to the Member shall be forwarded by the third-party administrator, self-administered entity or defense counsel in a concise and clear written form with a reasoned recommendation. Settlement proposals shall be presented to the Member as directed so as to insure receipt in sufficient time to process the proposal.

4. Knowledgeable Member personnel shall be involved in the preparation for medical examinations and trial, when appropriate or deemed necessary by the Member so that all material evidence and witnesses are utilized to obtain a favorable result for the defense.

5. The third-party administrator or self-administered entity shall comply with any reporting requirement of the Member.

V. SUBROGATION

1. In all cases where a third-party (other than a Member employee or agent) is responsible for the injury to the employee, attempts to obtain information regarding the identity of the responsible party shall be made within 14 calendar days of recognition of subrogation potential.

2. Once identified, the third-party shaH be contacted within 14 calendar days with notification of the Member's right to subrogation and the recovery of certain claim expenses.

Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 10
Rev. 07-01-18

3. If the third-party is a governmental entity, a claim shall be filed with the governing board (or State Board of Control as to State entities) within 6 months of the injury or notice of the injury. If the third-party is a non-governmental entity, a complaint shall be filed in civil court within 2 years in order to preserve the statute of limitations.

4. Periodic contact shall be made with the responsible party and/or insurer to provide notification of the amount of the estimated recovery to which the Member shall be entitled.

5. If the injured worker brings a civil action against the party responsible for the injury, the claims administrator shall consult with the Member about the value of the subrogation claim and other considerations.

Upon Member authorization, subrogation counsel shall be assigned to file a Lien or a Complaint in Intervention in the civil action.

6. Whenever practical, the claims administrator shall aggressively pursue recovery in any subrogation claim. They should attempt to maximize the recovery for benefits paid, and assert a credit against the injured worker's net recovery for future benefit payments.

7. Member (and EIA if applicable) approval is required to waive pursuit of subrogation or agree to a settlement of a third-party recovery. This approval shall be documented in the claim file. In cases of selfadministered entities, a process shall be documented noting the authority levels within the member organization to waive pursuit of subrogation or agree to a settlement of a third-party recovery.

VI. EXCESS COVERAGE
A Claims meeting the definition of reportable excess workers' compensation claims as defined by the Memorandum of Coverage Conditions Section shall be reported to the Authority within 5 working days of the day on which it is known the criterion is met. Utilize the Excess Workers' Compensation First Report Form available through the EIA website.

B. Subsequent reports shall be transmitted to the Authority on a quarterly basis on all indemnity claims and on a semi-annual basis on all future medical claims or sooner if claim activity warrants, or at such other intervals as requested by the Authority, in accordance with Underwriting and Claims Administration Standards. Utilize the Excess Workers' Compensation Status Report Form available through the EIA website, or a comparable form to be approved by the Authority.

Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 11
Rev. 07-01-18
C. Reimbursement requests shall be submitted in accordance with the Authority's reporting and reimbursement procedures on a quarterly or semiannual basis depending on claims payment activity. Utilize the Excess Workers' Compensation Claim Reporting and Reimbursement Procedures available through the EIA website.

D. A closing report with a copy of any settlement documents not previously sent shall be sent to the Authority.

Following is the history of prior amendments to this document:

Amended: March 4, 1988
Amended: October 7, 1988
Amended: October 6, 1995
Amended: October 1, 1999
Amended: June 6, 2003
Amended: March 2, 2007
Amended: July 1, 2009
Amended: July 1, 2011
Amended: March 2, 2012
Amended: October 4, 2013
Agreement with Sedgwick Claims Management Services, Inc /Exhibit D CSAC-EIA Claim Administration Guidelines Page 12
Rev. 07-01-18
Ebix Insurance No. S000042506
AMENDMENT NO. 1

TO THE AGREEMENT FOR SERVICES

BETWEEN THE

CITY OF SANTA CLARA, CALIFORNIA,
AND
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

PREAMBLE
This agreement (Amendment No. 1) is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Sedgwick Claims Management Services, Inc., an Illinois corporation (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties” or the “Parties to this Agreement.”

RECITALS
A. The Parties previously entered into an agreement entitled “Agreement for Services Between the City of Santa Clara, California and Sedgwick Claims Management Services, Inc., dated October 19, 2020 (Agreement); and
B. The Parties entered into the Agreement for the purpose of having Contractor provide Third Party Administrator services supporting the City’s Self-Insured Workers’ Compensation Program, and the Parties now wish to extend the term of the agreement and increase compensation by One Million Two Hundred Eighty-Nine Thousand and Seventy-Eight Dollars ($1,289,078) for a revised not to exceed amount of Three Million, One Hundred Forty-Three Thousand Six Hundred and Fifty-Seven Dollars ($3,143,657) for the duration of the Agreement.

NOW, THEREFORE, the Parties agree as follows:

AMENDMENT TERMS AND CONDITIONS

1. Section 2 of the Agreement, entitled “TERM OF AGREEMENT” is amended to read as follows:
“Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 2020 and terminate on June 30, 2028.”

2. Section 6 of the Agreement, entitled “COMPENSATION AND PAYMENT” is amended to read as follows:
“In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all materials provided and services rendered by Contractor in accordance with First Revised Exhibit B, entitled “SCHEDULE OF FEES”. The maximum compensation payable for Services provided throughout the duration of this Agreement is Three Million, One Hundred Forty-Three Thousand Six Hundred and Fifty-Seven Dollars ($3,143,657) subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. Rates for other ancillary services in First Revised Exhibit B shall be paid as needed as a claim file expense not associated with this maximum compensation. All other work performed or materials provided in excess of the maximum compensation not included in First Revised Exhibit B shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation according to these terms and conditions under any circumstance.”

3. Exhibit B of the Agreement, entitled “SCHEDULE OF FEES” is hereby deleted in its entirety and replaced with the First Revised Exhibit B, attached hereto and incorporated into this Amendment No. 1.

4. Except as set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. In case of a conflict in the terms of the Agreement and this Amendment No. 1, the provisions of this Amendment No. 1 shall control.

The Parties acknowledge and accept the terms and conditions of this Amendment No. 1 as evidenced by the following signatures of their duly authorized representatives.

CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:

GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.
an Illinois corporation
Dated:

By (Signature):

Name: J. Edward Peel
Title: Vice President
Principal Place of
Business Address:
8125 Sedgwick Way
Memphis, TN 38125
Email Address:

Telephone: (901) 415-7400
Fax: (901) 415-7409
“CONTRACTOR”
June 5, 2025

FIRST REVISED EXHIBIT B

SCHEDULE OF FEES
Pricing for subparagraphs A and B of this First Revised Exhibit B is based on the estimated claim volumes outlined in Section C and the estimated required staffing to service those claims. Sedgwick reserves the right to request modification of the annual flat fee if changes in program requirements or an increase in claim volume of greater than 10% impacts the staffing requirements of the unit. Any such request must be tendered no later than December 31 of any fiscal year in order to afford time for the City to process an amendment and request for additional appropriations to the City Council for approval. Any such modification will be contingent upon City Council approval. Claim administration services are contingent on Contractor also providing Managed Care services.

A. Claims Administration Services
City shall pay Contractor for Claims Administration Services on a monthly basis throughout the term of this Agreement, according to the table below.

Term Monthly Fee Annual Total
Year 1 – July 1, 2020 – June 30, 2021 $22,655.17 $271,862.00 Year 2 – July 1, 2021 – June 30, 2022 $24,241.00 $290,892.00 Year 3 – July 1, 2022 – June 30, 2023 $25,937.83 $311,254.00 Year 4 – July 1, 2023 – June 30, 2024 $26,845.67 $322,148.00 Year 5 – July 1, 2024 – June 30, 2025 $27,785.25 $333,423.00 Year 6 – July 1, 2025 – June 30, 2026 $28,757.75 $345,093.00 Year 7 – July 1, 2026 – June 30, 2027 $29,764.25 $357,171.00 Year 8 – July 1, 2027 – June 30, 2028 $30,806.00 $369,672.00 B. Bill Review Services
City shall pay Contractor for Bill Review Services on an annual basis throughout the term of this Agreement, according to the table below.

Term Annual Fees
Year 1 – July 1, 2020 – June 30, 2021 $62,500
Year 2 – July 1, 2021 – June 30, 2022 $62,500
Year 3 – July 1, 2022 – June 30, 2023 $65,000
Year 4 – July 1, 2023 – June 30, 2024 $67,500
Year 5 – July 1, 2024 – June 30, 2025 $67,500
Year 6 – July 1, 2025 – June 30, 2026 $70,274
Year 7 – July 1, 2026 – June 30, 2027 $72,360
Year 8 – July 1, 2027 – June 30, 2028 $74,508
C. The following claim administration fees and services will be provided by the Contractor’s managed care services. Managed care fees not set forth above are detailed below and will be charged to the appropriate claim file requiring the service, which is the industry custom.

Contractor may update these fees from time to time with 60 days written notice to the City.

SERVICE DESCRIPTION RATE DESCRIPTION
Medical Bill Review and Provider Networks
Preferred provider organization (PPO)
networks/out of network services
-The annual flat fee for Bill Review set forth above
covers up to 3,640 bills per year; Bills exceeding that threshold will be charged at $20.37 per bill.
-Additionally, bills $100,000 or greater, will have PPO fees charged at 17% of savings. Surgical implant bills
discounted have PPO fees charged at 27% of savings.

Clinical Services
Clinical consultation
$99 per call
Implementation fee (one-time) — $1,550
Fees to be determined for changes to standard
workflows/script.

Clinical consultation with intake (FROI)
$105 per call
Implementation fee (one-time) — $1,550
Fees to be determined for changes to standard
workflows/script.

Telephonic case management Evaluation and recommendation $150 • 1–30 days: $436
• Every 30 days thereafter: $325
Surgery nurse service charged at same TCM rates as
outlined above.

Surgery nurse app - $75 per case
Nurse advocate $99 per hour
Behavioral health specialist $99 per hour
Utilization review $138 per review
Physician advisor/peer review $304 per review
Complex pharmacy management Pharmacy nurse management/pain coaching: $115 per hour
Option #1
• First medication $375
• 2 to 4 meds $650
• 5 to 7 meds $975
• 8 to 12 meds $1,400
• More than 12 meds $1,400 + $100 per each
additional med (script) with cap of $2,200
Option #2 - Physician and PharmD management (as
needed): $250 per hour
Work Placement Solutions
Transitional work placement (at Not-forProfit)$900 for placement $450 No-show
Vocational expert
$95 per hour
Custom return to work program design, development or
consultation
$95 per hour, plus direct expenses Exceptions to
standard rate:(1)
Field case management: Full field Catastrophic case management: $140 per hour Field case management: Clinical
assessment
$660: One visit
$795: Two visits
Field case management: Vocational
screening/testing
$695
Field case management: Vocational
assessment
$870
Field case management: Job analysis $640
Field case management: Ergonomic
evaluation
$710
Field case management: Labor market
survey
$580
Field case management: Automated
transferable skill analysis
$325
Field case management: Life care plan $145 per hour
Field case management: Expert
witness/expert testimony
$150 per hour
Field case management: Customized
RTW services
$145 per hour
Field case management: Limited
assignment
$116 per hour (1)
Field case management: IME
facilitation/attendance
$118 per hour
Sedgwick Managed Care Administrative Services
Sedgwick standard medical card No charge; customization starts at $3,500 Standard provider panel postings Included in Sedgwick Bill Review program fees City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-650 Agenda Date: 6/10/2025

REPORT TO COUNCIL

SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2077, the Second Zoning Code “Cleanup” Ordinance Updating the City’s Wireless Facilities Regulations for Consistency With Federal Law; Updating the Density Bonus Provisions to Incorporate Recent Changes to the Government Code; Revising Reasonable Accommodation Requirements to Implement the Housing Element; and Making Other Minor Changes

BACKGROUND
At the May 27, 2025 Council meeting, proposed Ordinance No. 2077 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2077 was published to the Santa Clara Weekly on June 4, 2025, and copies were posted in three public places.

DISCUSSION
As a follow-up to the January 9, 2024 adoption of the Zoning Code Update, the proposed ordinance makes “clean-up” amendments to the Zoning Code Update, such as correcting section numbers and cross-references. The City previously adopted a first “clean-up” ordinance on August 20, 2024. This second “clean-up” ordinance includes code changes that are necessary due to new state and federal laws, clarifications to eliminate ambiguities and improve code implementation, and various errata and corrections to the document.

ENVIRONMENTAL REVIEW
Given that the Zoning Code Update is an implementation action for the 2010 General Plan Update, the City prepared an Addendum to the 2010-2035 General Plan Environmental Impact Report (EIR) to cover adoption of the Zoning Code, Zoning Map, and related General Plan Amendments. The Addendum indicated that the adoption of the Zoning Code Update would not result in environmental impacts beyond those described in the General Plan Update EIR. The City Council adopted the Addendum on December 19, 2023. The recommended actions all fall within the scope of the adopted Addendum.

FISCAL IMPACT
Adoption of the Second Zoning Code Cleanup Ordinance would fully implement the City’s General Plan land use policies. These actions would involve no additional resources beyond those indicated at the time of Zoning Code adoption.

COORDINATION
This item was coordinated with the Community Development Department.

PUBLIC CONTACT
City of Santa Clara Page 1 of 2 Printed on 6/6/2025
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25-650 Agenda Date: 6/10/2025
A summary of proposed Ordinance No. 2077 was published to the Santa Clara Weekly on June 4, 2025, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.

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

RECOMMENDATION
Waive Second Reading and Adopt Ordinance No. 2077, the Second Zoning Code “Cleanup” Ordinance
Reviewed by: Alexander Abbe, Assistant City Attorney
Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Ordinance No. 2077 (Intro)
City of Santa Clara Page 2 of 2 Printed on 6/6/2025
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Ordinance/Zoning Code Clean-up #2 Page 1 of 101
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ORDINANCE NO. 2077

AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, MAKING “CLEANUP” AMENDMENTS TO

THE ZONING CODE UPDATE, INCLUDING UPDATING
THE CITY’S WIRELESS PROVISIONS TO BE

CONSISTENT WITH FEDERAL LAW, UPDATING THE

DENSITY BONUS PROVISIONS TO INCORPORATE

RECENT CHANGES TO THE GOVERNMENT CODE,

REVISING THE REASONABLE ACCOMMODATION

PROVISIONS AS A PART OF THE HOUSING ELEMENT

UPDATE, ADDING SMOKE SHOPS AS AN ENUMERATED

USE, MODIFYING USE TABLES TO REFLECT THE

RANGE OF USES EXISTING IN COMMERCIAL AND
INDUSTRIAL DISTRICTS, INCORPORATING THE NONRESIDENTIAL USE PROVISIONS OF THE TN TRANSIT

NEIGHBORHOOD DISTRICT INTO THE CODE, UPDATING

FIGURES, AND MAKING TERMS INTERNALLY
CONSISTENT IN TITLE 18 (“ZONING”) OF “THE CODE OF
THE CITY OF SANTA CLARA, CALIFORNIA”
BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, on January 9, 2024 the City of Santa Clara (the “City”) adopted the first comprehensive update of the City’s Zoning Code in over 50 years (the “Zoning Code Update”);
WHEREAS, the 2010-2035 General Plan is the City’s vision for future development; and WHEREAS, the City’s Zoning Code is the primary regulatory tool that implements the General Plan;
WHEREAS, under Government Code Section 65860, the General Plan and Zoning Ordinance of a jurisdiction are required to be consistent with each other; WHEREAS, on August 20, 2024, the City Council adopted the First Zoning Code “CleanUp” Ordinance; //
//
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WHEREAS, there is now a need to adopt a second clean-up ordinance to the recently adopted Zoning Code Update to address errata and omissions from the original approval, including updating the City’s wireless provisions to be consistent with recent changes to federal law;
WHEREAS, the City is proposing to amend the City’s density bonus provisions to incorporate recent changes to the state’s Government Code; WHEREAS, the City also wishes to add “Smoke Shops” as an enumerated use with an associated definition;
WHEREAS, the City is including changes to the Zoning code requested by the state Department of Housing and Community Development through the Housing Element Update process, including focusing the Reasonable Accommodation process on the consistency with the Federal Fair Housing Act;
WHEREAS, the City is proposing to incorporate the provisions of the HT Historic Combining District into the updated Zoning Code;
WHEREAS, the City is proposing to also incorporate the non-residential use provisions of the former TN Transit Neighborhood District into the updated Zoning Code; WHEREAS, the City is proposing to update figures and terms for the purpose of internal consistency in the zoning;
WHEREAS, the City Council has reviewed the proposed second Zoning Code cleanup ordinance;
//
//
//
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WHEREAS, on December 19, 2023, before acting on the Zoning Code Update, the City reviewed and considered the potential environmental impacts of the Zoning Code Update and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed Zoning Code Update were consistent with 2010- 2035 General Plan EIR, as addended, and that the proposed Zoning Code Update did not alter the conclusions of the adopted General Plan EIR, as addended create new environmental impacts;
WHEREAS, as an implementing action of the Zoning Code Update, the proposed second Zoning Code cleanup ordinance falls within the scope of the December 19, 2023 Addendum;
WHEREAS, on April 16, 2025, the Planning Commission conducted a duly noticed public hearing to consider the Zoning Code cleanup ordinance, at the conclusion of which, the Planning Commission voted to recommend adoption of the Zoning Code cleanup ordinance; and
WHEREAS, on May 27, 2025, the City Council conducted a duly noticed public hearing to consider the Zoning Code cleanup ordinance, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed amendments.

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

SECTION 1: That Table 1-1, “Zones Implementing the General Plan”, of Chapter 18.06, “Zoning Map and Zones”, of Title 18, “Zoning”, of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby amended to read as follows:

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Table 1-1

ZONES IMPLEMENTING THE GENERAL PLAN
Zoning Map Symbol Zone Name Allowable Density or
Intensity
Corresponding
General Plan Land
Use Designations
Residential Zones
R1-6L Single-Family Residential 0.1 - 10 DU/AC Very Low Density Residential
R1-8L Single-Family Residential,
Larger Parcel 0.1 - 10 DU/AC Very Low Density Residential R2 Low-Density Residential 8 - 19 DU/AC Low Density Residential R3 Medium-Density
Residential 20 - 36 DU/AC Medium Density Residential
R4 High-Density Residential 37 - 50 DU/AC Medium Density Residential
R5 Very-High-Density
Residential 51 - 100 DU/AC Very High Density Residential PH-R5 Patrick Henry Very-HighDensity Residential 51 – 100 DU/AC Very High Density Residential
R6 Transit Neighborhood
Residential 60 - 350 DU/AC Transit Neighborhood
UV Urban Village 100-149 DU/AC Urban Village (Patrick
Henry Drive Plan)
VR Village Residential 60 - 149 DU/AC Village Residential (Patrick Henry Drive Plan)
UC Urban Center 120 - 250 DU/AC Urban Center (Patrick
Henry Drive Plan)
HD-Flex High Density Flex 60 - 149 DU/AC High Density Flex (Patrick

2.0 FAR Henry Drive Plan)
Commercial Zones
C-C Commercial-Community 0.5 FAR Community Commercial
C-N CommercialNeighborhood 0.4 FAR Neighborhood Commercial C-R Commercial-Regional 0.6 FAR Regional Commercial
Mixed-Use Zones
MUNC Mixed Use-Neighborhood
Commercial
20 - 36 DU/AC Neighborhood Mixed Use 0.1 FAR minimum
MUCC Mixed Use Community
Commercial
20 - 36 DU/AC Community Mixed Use 0.1 FAR minimum
MURC Mixed Use-Regional
Commercial
37 - 50 DU/AC Regional Mixed Use 0.15 FAR minimum
MU-VHD Mixed Use-Very High
Density Residential
51-120 DU/AC Very High Density Mixed
Use; Santa Clara Station
Very High Density
Residential

0.2 FAR minimum
Office and Industrial Zones
LO-RD Low-Intensity Office/R&D 1.0 FAR Low-Intensity Office/R&D HO-RD Office/R&D-High Intensity 2.0 FAR High-Intensity Office/R&D LI Industrial-Light 0.6 FAR Light Industrial
HI Industrial-Heavy 0.45 FAR Heavy Industrial
Special Purpose Zones
OS Parks/Open Space N/A Parks/Open Space
PQP Public/Quasi Public N/A Public/Quasi Public
HT Historic Combining N/A N/A
PD
Planned Development N/A N/A
Planned Development –
Master Community N/A N/A
LSAP 8 - 19 DU/AC Low Density Residential
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Table 1-1

ZONES IMPLEMENTING THE GENERAL PLAN
Zoning Map Symbol Zone Name Allowable Density or
Intensity
Corresponding
General Plan Land
Use Designations
Lawrence Station Area
Plan
20 - 36 DU/AC Medium Density
Residential
37 - 50 DU/AC High Density Residential
51-100 DU/AC Very High Density
Residential
N/A Parks/Open Space
N/A Public/Quasi Public
SECTION 2: That Table 2-2, “Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby amended to read as follows:

Table 2-2
Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

PH-R5 UV
HD-Flex VR UC Additional Regulations
Residential Uses
Dwelling, Accessory
Units P P P P Chapter 18.60.020
Dwelling, Multifamily P P P P
Dwelling, Single-Family - - - -
Dwelling, Two-Family - - - - Chapter 18.24
Employee Housing P P P P
Home Occupations P P P P Chapter 18.60.120
Live-Work Facilities MUP MUP MUP MUP Chapter 18.60.130
Mobile Home Park - - - -
Organizational Houses - - - -
Rooming and/or
Boarding Houses - - - -
Supportive Housing P P P P
Transitional Housing P P P P
Human Services Uses
Assisted Living Facilities CUP CUP CUP CUP Chapter 18.60.080 Day Care Homes, Up to
14 Children P P P P
Community Care Facility,
Small P P P P
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Table 2-2
Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

PH-R5 UV
HD-Flex VR UC Additional Regulations
Community Care Facility,
Large CUP CUP CUP CUP
Emergency Shelters - - - - Chapter 18.60.110
Recreation, Education, and Public Assembly Uses
Community Gardens P P P P
Parks and Public Plazas P P P P
Places of Assembly CUP CUP CUP CUP
Public Schools CUP CUP CUP CUP
Private Schools CUP CUP CUP CUP
Utility, Transportation, and Communication Uses
Public Safety Facilities P P P P
Wireless
Telecommunications
Facilities, Colocation/Small Cell
P P P P Chapter 18.66
Retail, Service, and Office Uses
Bed and Breakfast Inns - - - - Chapter 18.60.050
Retail P P P P
Off-sale of alcohol P P P P
Restaurants, including
on-sale of alcohol

P P P P
Bars CUP CUP CUP CUP
Office P P P P For Office Uses in the HD-Flex
zone, see Table 2-5
SECTION 3: That Table 2-3, “Residential Zone Development Standards”, of Chapter

18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as follows:
//
//
//
//
//
//
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Table 2-3
Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Parcel Area (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 6,000 8,000 7,000 8,500 8,500 10,000 None
Street Frontage (feet) 60 70 50 60 70 70 None
Structure Coverage (maximum percentage)
Parcel Area (less than 10,000
sq. ft.) 40% 40% 45% 60% 80% None None
Parcel Area (10,000 sq. ft. or
greater) 40% 40% 45% None None None None
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of the curb., adopted plan line, or edge of right-of-way.

Front 20 20 15 10 10 10 10 Section 18.30.050
Front, second story 25 25 n/a n/a n/a n/a n/a
Side, Corner 10 10 10 10 15 15 15
Side, corner second
story 15 15 n/a n/a n/a n/a n/a
Side, Interior 5 6 and 9 5 5 10 10 10 Section 18.10.040(B) Section 18.30.050
Side, interior, second
story 10 11 and
14 n/a n/a n/a n/a n/a
Rear, single-story 20 20 10 10 20 20 20 Section 18.30.050 Rear, multi-story 20 20 15 15 20 20 20 Section 18.30.050 Length of driveway
approach 20 20 20 20 20 20 20
Height (maximum) measured in feet
Height (within 20 feet of
the R1-6L, R1-8L, and
R2 zones)
25 25 32 32 32 32 32 Section 18.30.040
♦ G
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Table 2-3
Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Height (all other zones) 25 25 32 40 80 100 200 Section 18.30.040 Number of Stories (maximum)
Number of Stories and the
Daylight Plane
All structures adjacent to R1 and R2 zones shall include a 45-degree daylight plan off the property line to implement a compatible transition between structures.

Number of Stories 2 2 2 4 8 10 20
Gross Residential Density (minimum to maximum) shown in number of dwelling units per acre Allowable Density 0.1-10 0.1-10 8-19 20-36 37-50 51-99 85-350 Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit Private Recreation Space
(required for a minimum of 50
percent of units)
None None None 60 60 40 40
Common Recreation Space
(per unit) None None None 200 200 200 200
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Density Bonus and
Affordable Housing Chapter 18.64
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
SECTION 4: That Table 2-5, “Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, H
Ordinance/Zoning Code Clean-up #2 Page 9 of 101
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of the SCCC is hereby amended as follows:

Table 2-5
Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements
Office and Industrial Uses, HD Flex Zone
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

HD-Flex Additional Regulations
Residential Uses
Caretaker housing CUP
Transitional housing facilities -
Human Services Uses
Community care facilities, small -
Community care facilities, large -
Emergency shelters - Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and mausoleums –
Crematories –
Fitness facilities P
Parks and public plazas P
Public schools CUP
Private schools CUP
Public/private colleges and
universities
–
Equipment/machine/vehicle
training facilities
CUP
Vocational/trade schools –
Vehicle Oriented Uses
Mobile Fueling Delivery -
Utility, Transportation, and Communication Uses
Parking facilities CUP
Wireless telecommunications
facilities and towers, colocation/small cellP Chapter 18.66 Wireless telecommunication
facilities and towers, minor
(less than 70 feet)
MUP Chapter 18.66
Wireless telecommunication
facilities and towers, major (70
feet or higher)
CUP Chapter 18.66
Park and ride facilities P
Broadcasting and recording
studios
-
Fuel storage and distribution
centers
-
Transit stations and terminals P
Utility facilities and
infrastructure CUP
Retail, Service, and Office Uses
Ambulance Services P
Banks and Financial
Establishments, General P
Ordinance/Zoning Code Clean-up #2 Page 10 of 101
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Table 2-5
Office and Industrial Uses, HD Flex Zone Allowed Uses and Permit Requirements
Office and Industrial Uses, HD Flex Zone
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

HD-Flex Additional Regulations
Banks and Financial
Establishments, Stand-alone
ATM
P
Business Support Centers P
Call Centers P
Data Centers CUP Section 18.60.090
Data Centers, Ancillary P Section 18.60.090
Equipment Sales and Rental
Facilities P
Hotels and Motels P
Kennels -
Maintenance and Repair
Services P
Medical Services P
Mobile Food Vendors P/MUP 18.60.280
Offices P
Outdoor Dining and Seating
(Ancillary) P Section 18.16.040(B)Section 18.60.140
Personal Services (Ancillary) P Section 18.16.040(B)
Restaurants (Ancillary) P Section 18.16.040(B)
Retail Establishments
(Ancillary) P Section 18.16.040(B)
SECTION 5: That a new Subparagraph c, “Attached Accessory Structure Setbacks”, is added to Paragraph 2, “Accessory Structures”, of Subsection B, “Specific Residential Regulations”, of Section 18.10.040, “Other Applicable Regulations”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC to read as follows:
“c. Attached Accessory Structure Setbacks. Attached accessory structures are subject to the same setbacks as the primary structure.” SECTION 6: That Tables 2-7 through 2-18 of Article 2, “Article 2 – Zones, Allowable Uses, and Development Standards”, are re-numbered to Tables 2-8 through 2-18 respectively. //
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SECTION 7: That a new Subsection D, “R6 Transit Neighborhood District NonResidential Ground Floor Uses”, is added to Section 18.10.040, “Other Applicable Regulations”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC as follows:

D. R6 Non-Residential Ground Floor Uses
Table 2-7
R6 Transit Neighborhood District Non-Residential Ground Floor Uses R6 Non-Residential Uses
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). R6 Additional Regulations
Human Services Uses
Child Day Care Facilities P Section 18.60.070, Note 1
Child Day Care Homes, Up to 14
Children P Note 1
Recreation, Education, and Public Assembly Uses
Commercial Recreation
Facilities, Indoor P
Commercial Recreation
Facilities, Outdoor P
Fitness Facilities P
Libraries P
Museums P
Parks and Public Plazas P
Places of Assembly P
Pre-schools, Nursery Schools P Note 1
Public Schools P
Private Schools CUP
Public/Private Colleges and
Universities P
Theaters and Auditoriums P
Vocational/Trade Schools P
Utility, Transportation, and Communication Uses
Parking Structures CUP
Diesel Back-up Generators P Section 18.60.260
Photovoltaic Systems P
Retail, Service, and Office Uses
Alcoholic Beverage Sales and
Service P Section 18.60.040
Ambulance Services CUP
Animal Sales and Grooming
Facilities P
Ordinance/Zoning Code Clean-up #2 Page 12 of 101
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Table 2-7
R6 Transit Neighborhood District Non-Residential Ground Floor Uses R6 Non-Residential Uses
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). R6 Additional Regulations
Banks and Financial
Establishments, General P
Banks and Financial
Establishments, Stand-alone
ATM
P
Bars CUP
Business Support Centers P
Catering Companies P
Co-working space P Note 1
Equipment Sales and Rentals P
Garden Centers/Plant Nurseries P
Hotels and Motels CUP
Kennels CUP
Live Entertainment, Incidental P
Live Entertainment, Standalone
Uses CUP Section 18.12.040(A)(5)
Maintenance and Repair
Services P
Medical Services, General P
Mobile Food Vendors P/MUP 18.60.280
Nightclubs CUP
Offices P Note 1
Outdoor Displays and Sales CUP Section 18.60.150
Outdoor Dining and Seating P Section 18.60.140
Outdoor Walk-up Facility P Appurtenant to a retail use
Personal Services P
Personal Services, Restricted MUP Section 18.60.170
Restaurants P
Retail Establishments
General, Small Format P
General, Medium Format MUP
General, Large Format CUP
Smoke Shops CUP
Smoking Lounges MUP Chapter 8.37
Veterinary Facilities MUP
Neighborhood Light Industrial Uses
Printing and Publishing Facilities P
Wineries, Distilleries, Breweries,
and Micro-Breweries P
Garment manufacturing P
Artists’ Studios P
Note 1: This use is also allowed on the second and third floors of mixed-use buildings.” Ordinance/Zoning Code Clean-up #2 Page 13 of 101
Rev: 09/2019
SECTION 8: That Figure 2-1, “Vertical Mixed-Use”, and Figure 2-2, “Horizontal MixedUse”, of Chapter 18.14, “Mixed Use Zones”, of Title 18, “Zoning”, of the SCCC are renumbered to Figures 2-3 and 2-4, respectively.

SECTION 9: That a new Subsection D, “Transition Standards”, and Associated Figures 2-1, “Rear Property Line Daylight Plane”, and Figure 2-2, “Side Property Line Daylight Plane” is added to Section 18.10.040, “Other Applicable Regulations”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC to read as follows:
“D. Transition Standards.

1. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line. Rear property line daylight planes extend 40 feet from the rear property line; side property line daylight planes start at 15 feet above grade and extend the full height of the building. See Figures 2-1 and 2-2.” //
//
//
//
//
//
//
//
//
Ordinance/Zoning Code Clean-up #2 Page 14 of 101
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Figure 2-1. Rear Daylight Plane.

Figure 2-2. Side Daylight Plane.”
//
//
Maximum Height Adjacent to Residential in the Rear Setback - Daylight Plane applied for 40 feet setback, starting at 0-foot height Rear Properly Line
Max. Height
Daylight Plane only
applies for 40 feet
from properly line
Required Rear Setback
of the Zoning District
Maximum Height Adjacent to Residential in the Side Setback - Daylight Plane Starting at 15-feet Height
Max. Height
I
Daylight Plane starts at the
properly line at 0-foot height
i
Max. Height
R1 and R2 Required
Rear Setback
Side Properly Line
15' I
I
Daylight Plane starts at the
property line at 15-feet height
i
Max. Height
i~ Required Side Setback ~ \__ .
of the Zoning District R1 and R2 Required
Rear Setback
Ordinance/Zoning Code Clean-up #2 Page 15 of 101
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SECTION 10: That Table 2-8, “Commercial Zones Allowed Uses and Permit Requirements”, of Chapter 18.12, “Commercial Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:

Table 2-8
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). C-N C-C C-R Additional
Regulations
Residential Uses
Caretaker Housing - P P Section 18.60.060
Dwelling, Multifamily MUP MUP MUP Section 18.12.040(A)(7) Employee Housing - - -
Home Occupations - - - Section 18.60.120
Live-Work Facilities MUP MUP MUP Section 18.60.130
Single-Room Occupancy (SRO)
Facilities - P P
Supportive Housing - - P
Transitional Housing Facilities - - P
Human Services Uses
Assisted Living Facilities - CUP - Section 18.60.080
Child Day Care Facilities P P P Section 18.60.070
Residential Care Facilities, six or
fewer residents P P P
Residential Care Facilities,
seven or more residents MUP MUP MUP
Community Care Facilities CUP CUP CUP
Child Day Care Homes, Up to 14
Children - - -
Low-barrier Navigation Centers P P
Emergency Shelters - P P Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP -
Commercial Recreation
Facilities, Indoor CUP P P
Commercial Recreation
Facilities, Outdoor - P P
Fitness Facilities MUP P P
Libraries P P P
Mortuaries and Funeral Homes - P P
Museums - P P
Parks and Public Plazas P P P
Recreational Vehicle Parks - - CUP
Places of Assembly P P P
Public Schools P P P
Private Schools CUP CUP CUP
Ordinance/Zoning Code Clean-up #2 Page 16 of 101
Rev: 09/2019
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). C-N C-C C-R Additional
Regulations
Public/Private Colleges and
Universities P P P
Theaters and Auditoriums - P P
Vocational/Trade Schools P P P
Utility, Transportation, and Communication Uses
Broadcasting and Recording
Studios - P P
Parking Structures - CUP CUP
Public Safety Facilities P P P
Wireless Telecommunication
Facilities and Towers, Colocation/Small CellP P P Chapter 18.66 Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP MUP Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major (70
feet or higher)
CUP CUP CUP Chapter 18.66
Transit Stations and Terminals - CUP CUP
Utility Facilities and
Infrastructures CUP CUP CUP
Diesel Back-up Generators P P P Section 18.60.260
Photovoltaic Systems P P P
Retail, Service, and Office Uses
Adult Businesses Uses - - CUP Chapter 18.62
Alcoholic Beverage Sales and
Service P P P Section 18.60.040
Ambulance Services - CUP CUP
Animal Sales and Grooming
Facilities P P P
Banks and Financial
Establishments, General P P P
Banks and Financial
Establishments, Stand-alone
ATM
P P P
Bars CUP CUP CUP
Bed and Breakfast Inns CUP - - Chapter 18.60.050
Building Material Stores and
Yards - P P
Business Support Centers P P P
Drive-in/Drive-through
Establishments CUP CUP CUP Section 18.60.100
Equipment Sales and Rentals - P P
Garden Centers/Plant Nurseries - P P
Hotels and Motels CUP CUP CUP
Kennels - CUP CUP
Live Entertainment, Incidental P P P
Live Entertainment, Standalone
Uses MUP/CUP MUP/CUP MUP/CUP Section 18.12.040(A)(5)
Maintenance and Repair
Services - P P
Ordinance/Zoning Code Clean-up #2 Page 17 of 101
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P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). C-N C-C C-R Additional
Regulations
Medical Services, General P P P
Mobile Food Vendors P/MUP P/MUP P/MUP 18.60.280
Nightclubs CUP CUP CUP
Offices P P P
Outdoor Displays and Sales MUP CUP CUP Section 18.60.150 Outdoor Dining and Seating MUP MUP MUP Section 18.60.140 Personal Services P P P
Personal Services, Restricted - MUP MUP Section 18.60.170 Restaurants P P P
Retail Establishments
General, Small Format P P P
General, Medium Format - MUP MUP
General, Large Format - CUP CUP
Smoke Shops - CUP CUP
Smoking Lounges - MUP CUP Chapter 8.37
Veterinary Facilities - MUP P
Vehicle Oriented Uses
Car Wash and Detailing
Facilities, Full-Service - CUP MUP
Car Wash and Detailing
Facilities, Self-Service - MUP P
Mobile Fueling Delivery P P P
Vehicle Service Stations - MUP CUP Section 18.60.220
Vehicle Rental Facilities, General - CUP MUP
Vehicle Rental Facilities, Limited - P P
Vehicle Rental Facilities, Office
Only P P P
Vehicle Sales Facilities, General - - CUP Section 18.60.210 Vehicle Sales Facilities,
Wholesale
- CUP CUP Section 18.60.210
Vehicle Repair Facilities, Minor - - P Section 18.60.200 Vehicle Repair Facilities, Major - CUP CUP Section 18.60.200 Vehicle Parts Sales - P P
Industrial, Manufacturing, and Processing Uses
Personal Storage Facilities - - CUP
Printing and Publishing Facilities - P P
Wineries, Distilleries, Breweries,
and Micro-Breweries - MUP MUP
SECTION 11: That Subparagraph a, “Maximum Height Adjacent to Residential” of Paragraph 2, “Transition Standards”, of Subsection A, “General Commercial Regulations,” of Section 18.12.040, “Other Applicable Regulations” of Chapter 18.12, “Commercial Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as Ordinance/Zoning Code Clean-up #2 Page 18 of 101
Rev: 09/2019
follows:
“a. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line. Rear property line daylight planes extend 40 feet from the rear property line; side property line daylight planes start at 15 feet above grade and extend the full height of the building. See Figures 2-1 and 2-2.”
SECTION 12: That Table 2-11, “Mixed Use Zones Allowed Uses and Permit Requirements” of Chapter 18.14, “Mixed Use Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:

Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). MU-NC MU-CC MU-RC MU-VHD Additional Regulations Residential Uses
Caretaker Housing CUP - - P Section 18.60.060
Dwelling, Multifamily P P P P
Employee Housing P - - -
Home Occupations P P P P Section 18.60.120
Live-Work P P P P Section 18.60.130
Single-Room
Occupancy (SRO)
Facilities - P P -
Supportive Housing P P P P
Transitional Housing - - - P
Human Services Uses
Assisted Living
Facilities - CUP - CUP Section 18.60.080
Child Day Care
Facilities P P P P Section 18.60.070
Community Care
Facilities CUP CUP - CUP
Ordinance/Zoning Code Clean-up #2 Page 19 of 101
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Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). MU-NC MU-CC MU-RC MU-VHD Additional Regulations Residential Care
Facilities, six or fewer
residents

P P - P
Residential Care
Facilities, seven or
more residents

MUP MUP - MUP
Day Care Homes, Up
to 14 Children P P P -
Low Barrier Navigation
Centers P P P P
Emergency Shelters - - - P Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and
Mausoleums - - - CUP
Community Gardens MUP MUP MUP -
Commercial
Recreation Facilities,
Indoor

MUP P P CUP
Commercial
Recreation Facilities,
Outdoor
- - - P
Fitness Facilities P P P P
Libraries P P - P
Museums P P P P
Parks and Public
Plazas P P P P
Places of Assembly MUP CUP CUP P
Public Schools P P P P
Private Schools CUP CUP CUP CUP
Public/Private Colleges
and Universities P P P P
Theaters and
Auditoriums P P P P
Vocational/Trade
Schools - P P P
Utility, Transportation, and Communication Uses
Broadcasting and
Recording Studios - - - P
Park and Ride
Facilities P P P -
Parking Structures MUP MUP MUP P Section 18.14.040 (I)
Public Safety Facilities P P P P
Wireless
Telecommunications
Facilities and Towers,
Co-location/Small Cell
P P P P Chapter 18.66
Wireless
Telecommunication MUP MUP MUP MUP Chapter 18.66
Ordinance/Zoning Code Clean-up #2 Page 20 of 101
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Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). MU-NC MU-CC MU-RC MU-VHD Additional Regulations Facilities and Towers,
Minor (less than 70
feet)
Wireless
Telecommunication
Facilities and Towers,
Major (70 feet or
higher)
- CUP CUP CUP Chapter 18.66
Transit Stations and
Terminals P P P CUP
Utility Facilities and
Infrastructure CUP CUP CUP CUP Section 18.14.040 (M)
Photovoltaic Systems P P P P
Retail, Service, and Office Uses
Alcoholic Beverage
Sales and Service P P P P Section 18.60.040
Animal Sales and
Grooming Facilities P P P P
Banks and Financial
Establishments,
General

P P P P
Banks and Financial
Establishments, Standalone ATMP P P P
Bars CUP CUP CUP CUP
Bed and Breakfast Inns - - - CUP
Business Support
Centers P P MUP P
Drive-in/Drive-through
Establishments CUP - - CUP Section 18.60.100
Equipment Sales and
Rentals - - - P
Garden Centers/Plant
Nurseries - - - P
Hotels and Motels P P P CUP Section 18.14.040 (O)(2)
Kennels MUP MUP - -
Live Entertainment,
Incidental P P P P
Live Entertainment,
Standalone MUP/CUP MUP/CUP MUP/CUP MUP/CUP Section 18.14.040 (K) Maintenance and
Repair Services P P P P
Medical Services,
General P P P P
Mobile Food Vendors P/MUP P/MUP P/MUP P/MUP 18.60.280
Nightclubs CUP - CUP CUP
Offices P P P P
Ordinance/Zoning Code Clean-up #2 Page 21 of 101
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Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). MU-NC MU-CC MU-RC MU-VHD Additional Regulations Outdoor Dining and
Seating MUP MUP MUP MUP Section 18.60.140
Outdoor Displays and
Sales CUP CUP CUP CUP Section 18.60.150
Personal Services P P P P
Personal Services,
Restricted MUP MUP MUP MUP Section 18.60.170
Restaurants P P P P
Retail Establishments:

General, Small
Format P P P P
General, Medium
Format P MUP P MUP
General, Large
Format CUP - CUP CUP
Smoke Shops - CUP CUP -
Veterinary Facilities P P P MUP
Vehicle Oriented Uses
Vehicle Service
Stations - CUP CUP -
Vehicle Rental
Facilities, Limited MUP - - -
Vehicle Rental
Facilities, Office Only P - - -
Vehicle Repair
Facilities, Minor MUP - - - Section 18.60.200
Industrial, Manufacturing, and Processing Uses
Printing and Publishing
Facilities P P P P
Wineries, Distilleries,
Breweries, and MicroBreweriesMUP MUP MUP MUP
SECTION 13: That Table 2-12, “Mixed-Use Zone Development Standards” of Chapter

18.14, “Mixed Use Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
//
//
Ordinance/Zoning Code Clean-up #2 Page 22 of 101
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Table 2-12
Mixed-Use Zone Development Standards
Development
Feature
(minimum unless
otherwise indicated)
MU-NC MU-CC MU-RC MU_VHD Additional Regulations
Parcel Area - area required for each NEWLY CREATED parcel.

Parcel Area (min) None None None None
Street
Frontage (feet) None None 100 None
Density (where residential is proposed)
Minimum Density
(units/acre) 19 20 37 50
Maximum Density
(units/acre) 36 36 50 120
Setbacks -Setback lines are measured in feet, from the back of walk.

Front setback
(min/max) 0 0* or 5
10 0* or 5
10 None
Section 18.14.040(A)
Section 18.30.050
*Can be reduced to 0 feet if the total area is
less than 20 feet
Front setback
for other
ground floor
uses (min/max)
0 10/15 10/15 None
Side, Corner 0 0 0 None Section 18.14.040(J)
Section 18.30.050
Side, Interior
(adjacent to R1
and R2 zones)
10 10 10 None Section 18.14.040(J)
Section 18.30.050
Side, Interior
(adjacent to all
other zones)
None None None None Section 18.14.040(J)
Section 18.30.050
Rear, SingleStory (adjacent
to R1 and R2
zones)
10 10 10 None Section 18.30.050
Rear (adjacent
to all other
zones)
10 10 10 None
Rear, MultiStory (adjacent 15 15 15 None
Ordinance/Zoning Code Clean-up #2 Page 23 of 101
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Table 2-12
Mixed-Use Zone Development Standards
Development
Feature
(minimum unless
otherwise indicated)
MU-NC MU-CC MU-RC MU_VHD Additional Regulations
to R1 and R2
zones)
Height (maximum) measured in feet
Height (within
20 feet of the
R1 and R2
zones)
32 32 32
None,
limited by
FAA
restrictions
Section 18.30.040
Height (all
other zones) 32 40 60
None,
limited by
FAA
restrictions
Section 18.30.040
Maximum Number of
Stories 3 4 6
None,
limited by
FAA
restrictions
Commercial Floor Area Ratio (FAR)
Minimum Floor Area
Ratio (FAR) 0.1 0.1 0.2 0.2
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Density Bonus and
Affordable Housing Chapter 18.64
Fences, Walls, Hedges,
and Screens Chapter 18.34
Landscaping
Standards Chapter 18.36
Multi-Story Step-backs Section 18.14.040(F)
Off-Street Parking
Regulations and
Design Standards
Chapter 18.38
Performance
Standards Chapter 18.40
Sign Standards Chapter 18.42
Ordinance/Zoning Code Clean-up #2 Page 24 of 101
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Table 2-12
Mixed-Use Zone Development Standards
Development
Feature
(minimum unless
otherwise indicated)
MU-NC MU-CC MU-RC MU_VHD Additional Regulations
Solid Waste
Enclosures Section 18.30.060
SECTION 14: That Paragraph 1, “Maximum Height Adjacent to Residential” of Subsection G, “Transition Standards”, of Section 18.14.040, “Other Applicable Regulations” of Chapter 18.14, “Mixed Use Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“1. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line. Rear property line daylight planes extend 40 feet from the rear property line; side property line daylight planes start at 15 feet above grade and extend the full height of the building. See Figures 2-1 and 2-2.”
//
//
Ordinance/Zoning Code Clean-up #2 Page 25 of 101
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SECTION 15: That Subsection A, “Table 2-14 Office and Industrial Zone Allowed Uses and Permit Requirements” of Section 18.16.020, “Office and Industrial Land Uses and Permit Requirements”, of Chapter 18.16, “Office and Industrial Zones”, of Title 18, “Zoning”, of the SCCC to read as follows:
“A. Table 2-14 Office and Industrial Zone Allowed Uses and Permit Requirements. Table 2-14 indicates the Principal Uses allowed within each office and industrial zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Ordinance Administration).” SECTION 16: That Table 2-14, “Office and Industrial Zones Allowed Uses and Permit Requirements”, of Chapter 18.16, “Office and Industrial Zones” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:

Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). LO-RD HO-RD LI HI Additional
Regulations
Residential Uses
Caretaker Housing CUP CUP CUP CUP Section 18.60.060
Transitional Housing Facilities - - MUP -
Human Services Uses
Community Care Facilities MUP - - -
Low-barrier Navigation Centers - - MUP -
Emergency Shelters - - MUP - Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - - CUP CUP
Commercial Recreation
Facilities, Indoor MUP MUP - -
Required to be located in
a General Plan Exception
Area
Commercial Recreation
Facilities, Outdoor MUP MUP - -
Required to be located in
a General Plan Exception
Area
Commercial recreation
Facilities, Outdoor Ancillary P P - -
Crematories - - CUP CUP
Ordinance/Zoning Code Clean-up #2 Page 26 of 101
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Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). LO-RD HO-RD LI HI Additional
Regulations
Fitness Facilities P P - -
Parks and Public Plazas P P P P
Public Schools P - - -
Private Schools CUP - - -
Public/Private Colleges and
Universities CUP - - -
Equipment/Machine/Vehicle
Training Facilities CUP CUP P -
Vocational/Trade Schools CUP - - -
Utility, Transportation, and Communication Uses
Broadcasting and Recording
Studios P - - -
Fuel Storage and Distribution
Centers - - - CUP
Park and Ride Facilities P P P P
Parking Facilities CUP CUP CUP CUP
Wireless Telecommunications
Facilities and Towers, Colocation/Small CellP P P P Chapter 18.66 Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP MUP MUP Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major
(70 feet or higher)
CUP CUP CUP CUP Chapter 18.66
Transit Stations and Terminals P P P P
Utility Facilities and
Infrastructure CUP CUP CUP CUP
Electric Power Plants MUP MUP MUP MUP Section 18.60.260 Diesel Back-up Generators P P P P Section 18.60.260
Water Wells MUP MUP MUP MUP
Photovoltaic Systems P P P P
Fuel Cells P P P P
Retail, Service, and Office Uses
Ambulance Services P P P -
Banks and Financial
Establishments, General P P - -
Banks and Financial
Establishments, Stand-alone
ATM

P P - -
Business Support Centers P P P P
Call Centers P P CUP -
Data Centers CUP CUP CUP CUP Section 18.60.090
Data Centers, Ancillary P P P Section 18.60.090
Ordinance/Zoning Code Clean-up #2 Page 27 of 101
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Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). LO-RD HO-RD LI HI Additional
Regulations
Hotels and Motels P P CUP CUP
Kennels P - P -
Maintenance and Repair
Services P P P -
Medical Services P P - -
Mobile Food Vendors P/MUP P/MUP P/MUP P/MUP 18.60.280
Offices P P - -
Outdoor Dining and Seating
(Ancillary) P P CUP - Section 18.16.040(B)Section 18.60.140 Personal Services (Ancillary) P P - - Section 18.16.040(B) Restaurants (Ancillary) P P MUP MUP Section 18.16.040(B) Retail Establishments
(Ancillary) P P P P Section 18.16.040(B)
Vehicle Oriented Uses
Mobile Fueling Delivery P P P P
Transit Services and Dispatch MUP - MUP MUP
Vehicle Service Stations - - - CUP Section 18.60.220
Vehicle Rental, General MUP - P -
Vehicle Repair Facilities, Minor - - P - Section 18.60.200 Vehicle Repair Facilities, Major - - CUP P Section 18.60.200 Vehicle Storage Facilities MUP P MUP MUP
Vehicle Dismantling Facilities - - - CUP
Vehicle Impound Facility - - - CUP
Industrial, Manufacturing, and Processing Uses
Freight Yards/Truck Terminals - - CUP CUP
Hazardous Material Storage
Facilities - - - CUP
Equipment Sales and Rental
Facilities P P P P
Industrial, Minor P P P P
Industrial, Major - - CUP P
Outdoor Storage, no on-site
building - - CUP MUP
Section 18.16.040.

C.3.e.(4), C.4.c
Section 18.60.160
Laundry and Dry-Cleaning
Plants - - P P
Printing and Publishing
Facilities P P P P
Recycling Facilities
Reverse Vending and
Collection Boxes - - P P Section 18.60.180
Collection Small - - P P Section 18.60.180
Collection, Processing, and
Transfer - - MUP MUP Section 18.60.180
Research and Development
Facilities P P P P
Ordinance/Zoning Code Clean-up #2 Page 28 of 101
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Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions). LO-RD HO-RD LI HI Additional
Regulations
Storage
Personal Storage Facilities CUP - CUP -
Warehouse P P P P
Wholesaling and Distribution
Centers - CUP P P
SECTION 17: That Paragraph 1, “Commercial Ancillary Uses” of Subsection B, “General Office and Industrial Regulations,” of Section 18.16.040, “Other Applicable Regulations”, of Chapter 18.16, “Office and Industrial Zones”, of Title 18, “Zoning”, of the SCCC to read as follows:
“18.16.040 – Other Applicable Regulations
A. In addition to the standards specified in Article 3 (Regulations Applicable to All Zones) and Article 4 (Standards for Specific Land Uses), the following other applicable mixed-use regulations shall be applicable in the specific office and industrial zones:

B. General Office and Industrial Regulations.

1. Commercial Ancillary Uses. Commercial ancillary uses are allowed in the LO-RD and HO-RD zones. In the LI and HI zones, commercial ancillary uses may be granted with approval of a Minor Use Permit by the Zoning Administrator when the uses are found to comply with all of the following provisions:
a. The uses are intended to support and serve employees and visitors in the immediate area.

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b. Uses shall be located entirely within structures occupied by the primary use.
c. Ancillary uses shall occupy no more than 10 percent of the gross floor area of any structure or a maximum of 20,000 square feet, whichever is less.
d. Ancillary uses are limited to the following:
(1) Retail Establishments.
(2) Personal Services Establishments.
(3) Restaurants.
(4) Alcohol service incidental to a restaurant.
(5) Drinking Establishments, subject to a Conditional Use Permit. (6) Outdoor Seating, ancillary to a restaurant.
(7) Banks and Financial Establishments.”
SECTION 18: That Subparagraph a, “Maximum Height Adjacent to Residential”, of Paragraph 3, “Transition Standards”, of Subsection B, “General Office and Industrial Regulations,” of Section 18.16.040, “Other Applicable Regulations”, of Chapter 18.16, “Office and Industrial Zones”, of Title 18, “Zoning”, of the SCCC is amended to read as follows:
//
//
//
//
//
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“3. Transition Standards.
a. Maximum Height Adjacent to Residential. Building Height Limits Abutting Residential Zoning Districts, 45-degree Daylight Plane height transitions are required for any new development adjacent to single family and duplex residential zoning districts, measured from the property line. Rear property daylight planes extend 40 feet from the rear property line; side property line daylight planes start at 15 feet above grade and extend the full height of the building. See Figures 2-1 and 2-2.” SECTION 19: That Paragraph 3, “Light Industrial Zone”, of Subsection C, “Specific Office and Industrial Regulations”, of Section 18.16.040, “Other Applicable Regulations”, of Chapter 18.16, “Office and Industrial Zones”, of Title 18, “Zoning”, of the SCCC is amended to read as follows:
“3. Light Industrial Zone (LI).
a. Height. Low-intensity uses such as Data Centers are allowed a maximum height of 90 feet.
b. Development Review. Any structure with an FAR greater than the General Plan allows shall be occupied by a lower intensity use in the Light Industrial Zone as determined by the Review Authority.
c. Offices. Offices may occupy no more than 20 percent of the structure floor area d. Medical offices are not allowed.
e. The following uses are only allowed as ancillary to the primary use:
(1) Equipment Sales and Rental Facilities;
(2) Maintenance and Service Repairs;
(3) Offices; and
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(4) Outdoor Storage on up to and including 25% of the lot area, subject to the development standards of Code Section 18.60.160. Outdoor storage occupying more than 25% of the site is subject to the approval of a Minor Use Permit.” SECTION 20: That Paragraph 4, “Heavy Industrial Zone”, of Subsection C, “Specific Office and Industrial Regulations”, of Section 18.16.040, “Other Applicable Regulations”, of Chapter 18.16, “Office and Industrial Zones”, of Title 18, “Zoning”, of the SCCC is amended to read as follows:

4. Heavy Industrial Zone (HI).
a. Offices. Offices may occupy no more than 10 percent of the structure floor area. b. Medical offices are not allowed.
c. Outdoor Storage on up to and including 50% of the lot area is allowed, subject to the development standards of Code Section 18.60.160. Outdoor storage occupying more than 50% of the site is subject to the approval of a Minor Use Permit.” SECTION 21: That Table 2-17, “Special Purpose Zones Allowed Uses and Permit Requirements”, of Chapter 18.18, “Special Purpose Zones” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:

Table 2-17
Special Purpose Zones Allowed Uses and Permit Requirements Special Purpose Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

OS PQP Additional Regulations
Residential Uses
Supportive Housing Facilities - CUP
Transitional Housing Facilities - CUP
Human Services Uses
Child Day Care Facilities - MUP Section 18.60.070
Community Care Facilities - MUP
Low-barrier Navigation Centers - MUP
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Table 2-17
Special Purpose Zones Allowed Uses and Permit Requirements Special Purpose Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

OS PQP Additional Regulations
Emergency Shelters - MUP Section 18.60.110
Medical Services, Hospitals - CUP
Medical Services, General - P
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP
Community Gardens MUP P Section 18.18.040
Libraries P P
Museums - P
Parks and Public Plazas P P
Commercial Recreation
Facilities, Outdoor P CUP Section 18.18.040(B)
Places of Assembly - CUP
Public Schools - P
Private Schools - CUP
Public/Private Colleges and
Universities - CUP
Theaters and Auditoriums - CUP
Vehicle Oriented Uses
Mobile Fueling Delivery - P
Utility, Transportation, and Communication Uses
Public Safety Facilities - P
Wireless Telecommunications
Facilities and Towers, Colocation- P Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major
(70 feet or higher)
- CUP Chapter 18.66
Transit Stations and Terminals - P
Utility Facilities and
Infrastructure CUP CUP
Electric Power Plants - MUP Section 18.60.260
Diesel Back-up Generators - MUP Section 18.60.260
Water Wells - MUP
Photovoltaic Systems - P
Fuel Cells - P
Retail, Service, and Office Uses
Mobile Food Vendors - P/MUP 18.60.280
Offices - P
Outdoor Dining and Seating - MUP
Retail Establishments, Ancillary - MUP
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SECTION 22: That Section 18.30.020, “Permitted Projections Into Required Setback Areas” of Chapter 18.30, “Site Planning and General Development Standards”, of Title 18, “Zoning”, of the SCCC is amended as follows:
“18.30.020 – Permitted Projections into Required Setback Areas In applying the regulations of this Section, the following features of a structure shall not be included in the parcel coverage and may project into a required setback to the extent specified. None of the identified exceptions shall be permitted if they encroach into an adopted plan line, right-of-way, or public use easement.

A. Bay windows, Chimneys, Cornices, canopies, eaves or other projections that do not increase the volume of space enclosed by the structure may project up to two feet into a required side yard setback or three feet into a required front or rear yard setback.

B. Fire escapes may project into a required setback up to four feet, six inches.

C. Covered front porches including architectural features and roof projections, patios, decks, stairs, ramps, railings and landings may project up to six feet into a required front or corner side yard setback and may project up to three feet from the parcel line in any rear yard setback.

D. In order to qualify for this exception, bay window and chimney projections may not occupy more than 33 percent the length of the structure wall on which they are located.
//
//
//
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E. Equipment and/or structures enclosing equipment (e.g., solar panels, water storage tanks, heating equipment, or similar mechanical equipment that does not emit noise) that are attached to a primary structure or an accessory structure shall be permitted to encroach into a required rear or side setback area of the primary building, provided they do not encroach more than 50 percent of the depth of the rear or side setback.” SECTION 23: That Code Section 18.30.030, “Sight-Distance Triangle” and Figure 3-1, “Sight-Distance Triangle”, of Chapter 18.30, “Site Planning and General Development Standards”, of Title 18, “Zoning”, of the SCCC is hereby renamed “Visibility Clearance Areas”, and amended as follows:
“18.30.030 – Visibility Clearance Areas
No fence, wall, hedge or shrubbery higher than three feet above the top of the grade shall be installed or maintained within the visibility clearance areas, at public roadway intersections and private driveways. The dimensions of these Visibility Clearance Areas, and any exceptions, shall be determined by the Director of Public Works. See Figure 3-

1. (Visibility Clearance Area)
Figure 3-1. Visibility Clearance Areas
//
//
//
//
//
//
//
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SECTION 24: That Figure 3-3, “Setback Measurements” of Chapter 18.30, “Site Planning and General Development Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“Figure 3-3. Setback Measurements
//
//
//
//
//
//
//
100'
12'
Visibility
Clearance
Area
'
------12'-------
Freestanding and Pole Signs
are allowed within the
visibility clearance areas with
a minimum vertical clearance
of 8 ft.

Visibility
Clearance
Area
-Sidewalk
------ + Landscape ______ , Strip
Cufb I
--------------100'-------------•
Visibility clearance areas are free from
visual obstructions; maximum wall , fence,
and hedge landscape height = 3 feet
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SECTION 25: That Subsection B (“No Parking Required Near Major Transit Stops”) of Section 18.38.030 (“Off-Street Vehicle Parking Requirements”) of Chapter 18.38 (“OffStreet Parking Regulations and Design Standards”) of Title 18 (“Zoning”) of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby amended to read as follows:
“B. No Parking Required Near Major Transit Stops. Notwithstanding any other provision of this Code, no parking is required for any use within one-half mile of a major transit stop, unless the Director of Community Development makes any of the following written findings, supported by substantial evidence, within 30 days of an application becoming complete, in which case the City’s standard parking requirements shall apply:
//
//
Rear parcel line
/ Yh . - ;·· - I
Required
corner side
setback ~ - loterioc "de
100'
I
I
I
~
•-==~~I
ibility Clearance
Area
parcel line
Fron t Parcel line
Ordinance/Zoning Code Clean-up #2 Page 37 of 101
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1. Not imposing the City’s parking requirements would have a substantial negative impact on the City’s ability to meet its share of the regional housing need in accordance with Government Code Section 65584 for low- and very low income households;

2. Not imposing the City’s parking requirements would have a substantial negative impact on the City’s ability to meet any special housing needs for the elderly or persons with disabilities identified in the Housing Element’s analysis required by Government Code Section 65583(a)(7); or

3. Not imposing the City’s parking requirements would have a substantial negative impact on the existing residential or commercial parking within one-half mile of the development project.”
SECTION 26: That Paragraph 1, “Parking within Sight Distance Triangle”, of Subsection A, “Location and Design”, of Section 18.38.060, “General Parking Standards” of Chapter

18.38, “Off-Street Parking Regulations and Design Standards”, of Title 18, “Zoning”, of the SCCC, is hereby retitled “Parking within the Vision Clearance Area”, and amended to read:
“1. Parking within the Visibility Clearance Area. Parking is prohibited within the required visibility clearance area (Section 18.30.030).” SECTION 27: That Figure 3-13, “Motorcycle Parking Configuration”, through Figure 3-30, “Window Sign”, of Article 3, “Site Planning and General Development Standards,” of Title 18, “Zoning”, of the SCCC, are hereby renumbered as Figure 3-14 through 3-31, respectively.
//
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SECTION 27: That a new Subsection D, “Single- and Two-Family Dwellings”, of Section

18.38.060, “General Parking Standards” of Chapter 18.38, “Off-Street Parking Regulations and Design Standards”, of Title 18, “Zoning”, of the SCCC, is amended to read:
“D. Single- and Two-Family Dwellings. Off-street parking and driveways for single-family attached and attached dwellings, and two-family attached dwellings shall meet the following requirements:

1. All vehicles, including motor vehicles, trailers, or vessels which are inoperable or incapable of movement under their own power and/or without current registration, shall be stored entirely within an enclosed structure and shall not be parked or stored in any required front yard within a residential zone.

2. Each parking space shall be at least 8.5 feet wide by 18 feet deep.

3. The minimum driveway width shall be 10 feet.

4. Minimum driveway length between parking and any public right-of-way line, not including alleys, shall be a minimum of 20 feet.

5. Parking shall be provided on the same lot as the dwelling.

6. Parking shall not be located within the required setbacks, except for Approved accessory structures may be allowed in setbacks where authorized by Section 18.60.030 (Accessory Structures and Uses).

7. The required parking shall not be located within the required yard area, except the required parking may be provided in the rear yard only when an alley is available for access.
//
Ordinance/Zoning Code Clean-up #2 Page 39 of 101
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8. All vehicles are required to be parked on a continuously paved surface. Driveways and driveway approaches shall be paved.

9. For single family dwellings, the interior dimensions of the garage or carport are required to be 20’ x 20’. See Figure 3-13.

10. All vehicles, boats, and trailers, in the required front yard shall be parked perpendicular to the street, unless the legal driveway configuration dictates otherwise.

Figure 3-13
Single-Family Garage Dimensions.
”
Minimum driveway length
between parking and any
public right-of-way line
shall be min. 20 feet
• - - Public Right-of-Way Line~
Sidewalk
Public Street
-----Min. 20 ----►
Min. 20'
~M;o 10 ---------
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SECTION 28: That the definition of the term, “Temporary Sign” in Section 18.42.030, “Definitions”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“Temporary Sign. A sign intended to be displayed for a limited period of time.” SECTION 29: That Paragraph 3 of Subsection A, “Exempt Signs”, of Section 18.42.070, “Exempt Signs”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“3. Holiday displays and decorations, only when not creating a traffic hazard or located within any visual setback area in the visibility clearance area;” SECTION 30: That Paragraph 1, “On-site Subdivision Signs” of Subsection C, “Temporary On-site Commercial Signs”, of Section 18.42.100, “Temporary Signs”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“1. On-site Subdivision Signs.
a. Sign Permits for on-site subdivision signs may be issued at any time after recordation of the final subdivision map and shall be removed following the sale of the final home or parcel. All signs shall then be removed upon expiration of the Sign Permit, unless renewal of the permit for a period of not more than one additional 12-month period is approved by the Director; and //
//
//
//
Ordinance/Zoning Code Clean-up #2 Page 41 of 101
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(1) On-site subdivision signs shall be continuously maintained, not adversely affect the use and appearance of existing structures or landscaping and shall not create hazardous traffic conditions. On-site subdivision signs are subject to all the following standards: The construction of any sign shall be in strict compliance with the provisions of this Chapter and all other laws of the City.
(2) All signs shall be removed from the property prior to the sale of the final parcel.
(3) All signs shall be located on the subdivision site which they advertise. (4) Signs shall not exceed 10 feet in height.
(5) No sign shall exceed 32 square feet in area.
(6) Identification signs are allowed provided no more than one sign for every five parcels with a maximum of four signs. Signs shall not exceed six square feet in area.
(7) If the on-site subdivision sign is within the visibility clearance area of any driveway or intersection, it shall not exceed two feet, six inches in height.
(8) Signs are allowed on parcels with a model home, provided they do not exceed four in number and six square feet each in area. Signs shall be removed immediately after the sale of the final parcel or home. (9) Illuminated residential signs are prohibited.”
//
//
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SECTION 31: That Subsection C, “Directional and Directory Signs”, of Section

18.42.120, “Standards for Specific Sign Types”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“C. Directional and Directory Signs.

1. Directional Signs. See Figure 3-20 (Directional Sign). a. Directional signs shall not be counted against allowable sign area, unless the signs include business logo, name, or advertising. If a business logo, name, or advertising is a component of a directional sign, then the area of the sign devoted to the logo, name, or advertising will be counted toward the allowable sign square footage.
b. If the directional sign is located within the visibility clearance area of any driveway or intersection, it shall not exceed three feet in height. c. Directional signs shall not exceed six square feet of sign area. d. External illumination is permitted.
e. Freestanding signs shall not be located on the subject property and not within a dedicated utility easement.
//
//
//
//
//
//
//
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Figure 3-20
Directional Sign

2. Directory Signs. See Figure 3-21 (Directory Sign).
a. Directory signs shall not be counted in the allowable sign area based on frontage, unless the business logo, name, or advertising is used. If a logo is a component of a directory sign, then the square footage of the portion of the sign that is advertising the specific establishment will be counted toward the total allowable square footage of sign area.
b. Directory signs shall not exceed 16 square feet of sign area. c. Directory signs shall not exceed six feet in height. d. If the directory sign is located within the visibility clearance area of any driveway or intersection, it shall not exceed three feet in height. e. Directory signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.
f. External or internal illumination is permitted. External illumination by downward lighting is prohibited.

PARKING
--+ i

ENTRANCE
6 ft2 Maximum Sign Area
1 Ordinance/Zoning Code Clean-up #2 Page 44 of 101
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Figure 3-21
Directory sign
SECTION 32: That of Subsection E, “Freestanding and Monument Signs”, of Section

18.42.120, “Standards for Specific Sign Types”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“E. Freestanding and Monument Signs.

1. Freestanding Signs.
a. A freestanding sign is allowed by the provisions of this Chapter provided the freestanding sign complies with the provisions of this Chapter. b. Freestanding signs may not exceed 150 square feet of sign area per individual sign (a double-sided freestanding sign would equal 75 square feet per side).
c. Freestanding signs not exceeding six feet in height and thirty 30 square feet in total sign area are allowed, at a minimum setback of four feet behind parcel line.
.....
.c
'01)
·a;
:::c
>< IO
:E
'°
Title/Identifier
Location1 ~
Landmark ~
Location 2 j
External Lighting
/Permitted
k"' Landscaped Bed
16 ft2 Maximum Sign Area
Ordinance/Zoning Code Clean-up #2 Page 45 of 101
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d. Freestanding signs shall not exceed a height of 20 feet. e. If the freestanding sign is within the visibility clearance area of any driveway or intersection, it shall not exceed three feet in height. f. Freestanding signs shall not be located within a dedicated utility easement.
g. To ensure the readability, the minimum letter size required on all freestanding signs shall be 10 inches. Sign copy shall not be located closer than one half-letter height to the sign edge or other line of copy. h. External illumination with a hooded floodlight is prohibited. Internal illumination is permitted.
i. Freestanding signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.

2. Monument Signs. See Figure 3-22 (Monument Sign).
a. A Monument sign is allowed by the provisions of this Chapter provided the monument sign complies with the provisions of this Chapter. b. Monument signs may not exceed 100 square feet of sign area per individual sign (a double-sided freestanding sign would equal 50 square feet per side).
c. Monument signs not exceeding four feet in height and thirty (30) square feet in total sign area are allowed, at a minimum setback of four feet behind parcel line.
d. Monument signs shall not exceed a height of 12 feet.

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e. If the monument sign is within the visibility clearance area of any driveway or intersection, it shall not exceed three feet in height. f. Monument signs shall not be located within a dedicated utility easement.
g. To ensure the readability, the minimum letter size required on all monument signs shall be six inches. Sign copy shall not be located closer than one half-letter height to the sign edge or other line of copy. h. External illumination with a hooded floodlight is permitted. Internal illumination is permitted.
i. Monument signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.

Figure 3-22
Monument Signs
SECTION 33: That Paragraph 3, “Service Station Gas Price Sign”, of Subsection I, “Price and Menu Boards”, of Section 18.42.120, “Standards for Specific Sign Types”, of Chapter

18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:

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“3. Service Station Gas Price Sign. See Figure 3-27 (Service Station Gas Price Sign).
a. Service station gas price sign shall not exceed 25 square feet of sign area for each side of a double-sided sign.
b. The service station gas price sign is not allowed to be located within the visibility clearance area of any driveway or intersection. c. No more than two service station gas price signs are permitted per service station. Each of the allowed two service station gas price signs is permitted to have two sides.
d. External illumination is prohibited.
e. Static LED price figure displays are permitted.
f. Service Station Gas Price Sign shall be placed within a landscaped bed and shall have two square feet of landscaping for every square foot of sign area measured at the base of the menu board.
//
//
//
//
//
//
//
//
//
Ordinance/Zoning Code Clean-up #2 Page 48 of 101
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Figure 3-28
Service Station Gas Price Sign”
SECTION 34: That Paragraph 2, “Additional development standards for detached ADUs greater than one story and 18 feet in height”, of Subsection E, “Development Standards for ADUs and JADUs on Single-Family, Multi-Family, and Mixed-Use Parcels”, of Section

18.60.020, “Accessory Dwelling Units”, of Chapter 18.60, “Standards for Specific Land Uses”, of Title 18, “Zoning” of the SCCC is hereby amended to read as follows:
“2. Additional development standards for detached ADUs greater than one story and 18 feet in height.
a. Height limit: 1.5 stories, 25 feet
b. Setback, rear, one-story elements: 4 feet.
c. Setback, rear, multi-story elements: 15 feet.
d. Setback, side, one- and one-and-a-half-story elements: 4 feet 25 ft2 Maximum Sign Area
(each side)
LED Price Figures
are Permitted
External Illumination
is Prohibited
Maximum ofTwo (2)
Price Signs per
Service Station
Landscaped Bed
✓
Ordinance/Zoning Code Clean-up #2 Page 49 of 101
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e. Setback, side, two-story elements: 9 feet
f. Maximum width for dormers: 40 percent of the subject building elevation.
g. Egress windows: Egress windows shall face the primary residence, as opposed to the neighboring properties.”
SECTION 35: That Subsection G, “ADUs subject to Parcel Coverage, Floor Area Ratio (FAR), and Open Space Requirements”, of Section 18.60.020, “Accessory Dwelling Units”, of Chapter 18.60, “Standards for Specific Land Uses”, of Title 18, “Zoning” of the SCCC is hereby amended to read as follows:
“G. ADUs subject to Parcel Coverage, Floor Area Ratio (FAR), and Open Space Requirements. ADUs and JADUs are subject to front setback requirements, parcel coverage, FAR, and open space requirements, but only to the extent that such requirements would still allow for:
“A detached or attached ADU of 800 square feet, that is at least 18 feet in height with four-foot rear yard and four-foot side yard setbacks. Setbacks and side yard setbacks to be constructed in compliance with all other applicable City development standards.” SECTION 36: That Subsection A, “Purpose”, of Section 18.60.250, “Short-Term Rentals of Residential Property”, of Chapter 18.60, “Standards for Specific Land Uses”, of Title 18, “Zoning” of the SCCC is hereby amended to read as follows:
//
//
//
//
Ordinance/Zoning Code Clean-up #2 Page 50 of 101
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“A. Purpose. The purpose of this Section is to allow limited short-term rental of residential property, which are rentals of 30 days or less in length, while preserving housing stock and the residential character of neighborhoods, through the use of registration, regulations, and standards, in order to reduce potential impacts on adjacent properties and to ensure the collection of Transient Occupancy Taxes under SCCC Chapter 3.25.”
SECTION 37: That Paragraph 6 (“Student Housing”) of Subsection A (“Resident Requirements”) of Section 18.64.020 (“Eligibility for Bonus, Incentives, or Concessions”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is hereby amended to read as follows:
“6. Student Housing. Twenty percent of the dwelling units are for lower income students in a student housing development, subject to the provisions specified in Subsection 18.64.030.A.6 (Bonus for Student Housing Development), below, and which meets the following requirements:
a. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students who are currently enrolled in at least six credit-hours, or who within the past six months were enrolled in at least six credit-hours, at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this Subparagraph, the developer shall, as a condition of receiving a Certificate of Occupancy, provide evidence to the City that the developer has done either of the following:

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(1) entered into an operating agreement or master lease with one or more institutions of higher education for the institution(s) to occupy all units of the student housing development with students or recent former students from such institution(s). Such an operating agreement or master lease is not violated or breached if, in any subsequent year, there are not sufficient students enrolled or previously enrolled in an institution of higher education to fill all units in the student housing development; or
(2) Established a system for confirming its renters' status as students to ensure that all units of the student housing development are occupied with students from an institution of higher education. b. The applicable units in the student housing development for lower income students will be used for, and occupied by, lower income students. For purposes of this clause, “lower income students” means students who have a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as specified in subdivision (k) of Section 69432.7 of the Education Code. The eligibility of a student under this subparagraph shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education that the student is enrolled in, or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver, from the college or university, the California Student Aid Commission, or the federal government;
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c. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
d. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this Subparagraph.
e. No rental bed reserved for lower income students shall be tied to a specific bedroom. No property management policy shall prevent a lower income student from sharing a room or unit with a non-lower income student.” SECTION 38: That Paragraph 4 (“Moderate Income Households in a Common Interest Development”) of Subsection A (“Resident Requirements”) of Section 18.64.020 (“Eligibility for Bonus, Incentives, or Concessions”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is amended to read as follows:
“4. Moderate Income Households in a For-Sale Development. Ten percent of the dwelling units in a for-sale development are for persons and families of moderate income, as defined in Health and Safety Code Section 50093, provided that all units in the development are offered to the public for purchase;” SECTION 39: That a new Subsection G is hereby added to 18.64.020 (“Eligibility for Bonus, Incentives, or Concessions”) of Chapter 18.64 ( “Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC to read as follows:

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“G. Residential Care Facilities for the Elderly. A Residential Care Facility for the Elderly, as defined in Section 1569.2 of the Health and Safety Code, which meets the residency requirements of subsection A and the eligibility requirements of Section

18.64.030, qualifies as a housing development subject to this Chapter.” SECTION 40: That Table 4-5 (“Bonus for Lower Income Households”) of Paragraph 1 (“Bonus for Lower Income Household Units”) of Subsection A (“Density Bonus”) of Section 18.64.030 (“Allowed Density Bonuses”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is amended to read as follows:

Table 4-5
Bonus for Lower Income Households
Percentage of Low-Income Units
Proposed
Percentage of Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
SECTION 41: That Table 4-6 (“Bonus for Very Low-Income Households”) of Paragraph 2 (“Bonus for Very-Low Income Household Units”) of Subsection A (“Density Bonus”) of Section 18.64.030 (“Allowed Density Bonuses”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is amended to read as follows:

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Table 4-6
Bonus for Very-Low Income Households
Percentage of Very-Low Income Units
Proposed
Percentage of Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
SECTION 42: That Paragraph 4 (“Bonus for Moderate Income Units in Common Interest Development”) and Table 4-7 (“Bonus for Moderate-Income Households”) of Subsection A (“Density Bonus”) of Section 18.64.030 (“Allowed Density Bonuses”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is amended to read as follows:
“4. Bonus for Moderate Income Units in a For-Sale Development. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020.A.4 (Moderate Income Households in a For-Sale Development) shall be entitled to a density bonus calculated in compliance with Table 4-7 (Bonus for Moderate-Income Households):

Table 4-7
Bonus for Moderate-Income Households
Percentage of Moderate-Income Units
Proposed
Percentage of Density Bonus
10 5
11 6
12 7
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13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
SECTION 43: That Table 4-8 (“Basic Bonus”) of subparagraph a (“Basic Bonus”) of Paragraph 12 (“Density Bonus for Land Donation”) of Subsection A (“Density Bonus”) of Section 18.64.030 (“Allowed Density Bonuses”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is hereby renumbered as Table 4-11.
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SECTION 44: That Paragraph 6 (“Bonus for Student Housing Development with LowIncome Units”) of Subsection A (“Density Bonus”) of Section 18.64.030 (“Allowed Density Bonuses”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC, as well as subparagraph a, including clauses 1 through 4, and subparagraph b, are hereby deleted and replaced with the following:
“6. Bonus for Student Housing Development with Low-Income Units. A housing development that is eligible for a bonus in compliance with the criteria specified in Subparagraph 18.64.020.A.6 (Student Housing) shall be entitled to a density bonus calculated in compliance with Table 4-8 (Bonus for Low-Income Student Housing). For purposes of calculating a density bonus granted pursuant to this paragraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities:

Table 4-8
Bonus for Low-Income Student Housing
Percentage of Low Income Units
Proposed
Percentage of Density Bonus
20 35
21 38.75
22 42.5
23 46.25
24 50
SECTION 45: That a new Subsection F is hereby added to Section 18.64.030 (“Allowed Density Bonuses”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC to read as follows:
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“F. Additional Density Bonus Pursuant to AB 1287 (2023). A project that provides sufficient affordable units to qualify for a 50% density bonus pursuant to paragraphs 1, 2, or 4 of subsection A, which also commits to providing additional affordable units, shall be eligible for an additional density bonus as follows, unless a lesser percentage is proposed by the applicant:

1. Additional Bonus for Very-Low Income Units. A housing development that provides additional units for Very Low-Income Households meeting the requirements of Section 18.64.020.A.2 shall be entitled to an additional density bonus calculated in compliance with Table 4-9 (Additional Bonus for Very Low-Income Households):

Table 4-9
Additional Bonus for Very Low-Income Households
Additional Percentage of Very LowIncome Units ProposedPercentage of Additional Density Bonus
5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75

2. Additional Bonus for Moderate-Income Units. A housing development that provides additional for-sale units for Moderate Income Households meeting the requirements of Section 18.64.020.A.4 shall be entitled to an additional density bonus calculated in compliance with Table 4-10 (Additional Bonus for Moderate-Income Households):

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Table 4-10
Additional Bonus for Moderate-Income Households
Percentage of Additional ModerateIncome Units ProposedPercentage of Additional Density Bonus
5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
SECTION 46: That Subsection B (“Number of Incentives”) of Section 18.64.040 (“Allowed Incentives or Concessions”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is amended to read as follows:
“B. Number of Incentives. The applicant shall receive the following number of incentives or concessions:

1. One Incentive or Concession. One incentive or concession for a project that includes at least 10 percent of the dwelling units for lower income households, at least five percent for very low-income households, at least 10 percent for persons and families of moderate income in a for-sale development, or at least 20 percent for lower income students in a student housing development.
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2. Two Incentives or Concessions. Two incentives or concessions for a project that includes at least 17 percent of the dwelling units for lower income households, at least 10 percent for very low-income households, at least 20 percent for persons and families of moderate income in a for-sale development, or at least 23 percent of the total units for lower income students in a student housing project.

3. Three Incentives or Concessions. Three incentives or concessions for a project that includes at least 24 percent of the dwelling units for lower income households, at least 15 percent for very low-income households, or at least 30 percent for persons and families of moderate income in a forsale development.

4. Four Incentives or Concessions. Four incentives or concessions for projects that include at least 16 percent of the units for very low-income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale.

5. Five Incentives or Concessions. Five incentives or concessions for a 100 percent affordable project that is eligible for a bonus under paragraph

18.64.020.A.7. In addition, if such a project is located within one-half mile of a major transit stop, or is located in a very low vehicle travel area as defined in Government Code Section 65915, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.” //
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SECTION 47: That Subsection B (“Number of Parking Spaces Required”) of Section

18.64.050 (“Parking Requirements in Density Bonus Projects”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is hereby amended to read as follows:
“B. Number of Parking Spaces Required.

1. Default Parking Ratio. At the request of the applicant, the City shall not require vehicular parking for a project that complies with the requirements of Section 18.64.020 (Eligibility for Bonus, Incentives, and Concessions), above, inclusive of handicapped and guest parking, that exceeds the following ratios:
a. Zero or one bedroom: One on-site parking space per unit. b. Two or three bedrooms: 1.5 on-site parking spaces per unit. c. Four or more bedrooms: Two- and one-half on-site parking spaces per unit.
d. Student Housing Developments: Zero parking spaces.

2. Notwithstanding paragraph 1, above, if a development is located within onehalf mile of a major transit stop and there is unobstructed access to the major transit stop from the development, then, upon the request of the applicant, the City shall not impose a vehicular parking requirement.” //
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3. Notwithstanding paragraph 1, above, if a development consists solely of rental units, exclusive of a manager’s unit(s), with an affordable housing cost to lower income families, as specified in Health and Safety Code Section 50052.5, then, upon the request of the applicant, the City shall not impose a vehicular parking ratio, if the development meets any of the following conditions:
a. The development is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development.
b. The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code, and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. c. The development is a special needs housing development, as defined in Health and Safety Code Section 51312, and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
d. The development is a supportive housing development, as defined in Health and Safety Code Section 50675.14.
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4. Parking Study. Notwithstanding paragraphs 2. and 3., above, if the City, or an independent consultant, has conducted an areawide or citywide parking study in the last seven years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in Subparagraph B.1 (Default Parking Ratio) above, based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in compliance with this Paragraph, supporting the need for the higher parking ratio.”
SECTION 48: That Paragraph 2 (“Moderate Income Dwelling Units in Common Interest Developments – 10 Years”) of Subsection A (“Duration of Affordability”) of Section

18.64.070 (“Continued Affordability”) of Chapter 18.64 (“Density Bonus and Affordable Housing”) of Title 18 (“Zoning”) of the SCCC is hereby amended to read as follows:
“2. Moderate Income Dwelling Units in For-Sale Developments – 10 Years.

The continued availability of moderate-income dwelling units in a for-sale development shall be maintained for a minimum of 10 years, or a longer time if required by City policy or ordinance.”
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SECTION 49: That Chapter 18.66 (“Wireless Telecommunications Facilities”) of Title 18 (“Zoning”) of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby amended to read as follows:
"18.66.010 – Purpose and Applicability
A. Purpose. This Chapter establishes locational, developmental, and operational standards and permit requirements consistent with Federal law to: regulate the placement and design of wireless telecommunication facilities so as to preserve the unique visual character of the City, promote the aesthetic appearance of the City, and to ensure public safety and welfare; and to acknowledge and provide the community benefit associated with the provision of advanced wireless telecommunication services within the City.

B. Applicability. The requirements of this Chapter shall apply to all wireless telecommunications facilities located within the City, except for the following:

1. Telecommunications facilities placed in the public rights of way, which are governed by Chapter 12.65 (Telecommunications Facilities In Public Rights-of-Way).

2. Handheld devices (i.e., cell phones, business-band mobile radios, walkietalkies, cordless telephones, garage door openers), and similar devices.

3. A consumer-end antenna described in 47 C.F.R. § 1.4000, including but not limited to a satellite dish that is one meter (39 inches) or less in diameter or diagonal measurement located in a residential or mixed-use zone, subject to the following:
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i. If mounted on a mast, the antenna is mounted no higher than needed to receive or transmit an acceptable quality signal and in no event higher than 12 feet above roofline; or
ii. Consumer-end antennas proposed for properties located on the Historic Resources Inventory or the California Register of Historic Resources shall apply to the Director for a Significant Property Alteration (SPA) permit for small projects.

4. A satellite earth station (SES) antenna of two meters (78 inches) or less in diameter or diagonal measurement, located in a non-residential or mixeduse zone, that is designed to transmit or receive radio communications by satellite or terrestrial communications antenna. These antennas shall require a Building Permit and approval of the placement by the Director to ensure safety, and to avoid tripping hazards and the creation of an attractive nuisance, shall be placed whenever possible, on the top of structures as far from the edge of rooftops towards the rear of the structure to minimize the view from the public rights-of-way.

5. Wireless telecommunication facilities and/or components of these facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g., City 911 emergency services, police, and/or fire department, first responder medical services, hospitals, etc.), are exempt from the provisions of this Chapter.

18.66.020 – Definitions
The following definitions shall apply to this Chapter.

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Antennas. An apparatus designed for the purpose of emitting or receiving radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission (Commission or FCC) authorization, for the transmission or reception of writing, signs, signals, data, images, pictures, and sounds of all kinds. For purposes of this definition, the term “antenna” does not include an unintentional radiator, mobile station, or device authorized under 47 CFR Subpart G, as may be amended Base Station. The term “base station” shall have the same meaning as in 47 C.F.R.

Section 1.6100, as may be amended.

Co-location or Co-Located Facility. The mounting or installation of transmission equipment on an existing wireless tower or base station for the purpose of transmitting and/or receiving radio frequency signals for communication purposes.

Concealed Facility. A wireless telecommunications facility that is integrated as an architectural feature of an existing supporting structure or any new wireless telecommunications facility that is camouflaged or concealed so that the presence of the facility is either: (1) virtually imperceptible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure; or (2) camouflaged so as to blend in with its surroundings to such an extent that, to a casual observer, it does not appear to be a wireless telecommunications facility. To qualify as a concealed facility, the facility in question must match the character of its surroundings and the type of item that it is mimicking in size, scale, shape, dimensions, color, materials, function, and other attributes as closely as possible. The elements that make a facility a concealed facility are concealment elements.
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Concealment Element. Any design feature, including but not limited to painting, landscaping, shielding requirements and restrictions on location, proportions, or physical dimensions in relation to the surrounding area or supporting structures that are intended to and do make a wireless telecommunications facility or its supporting structure less visible or obtrusive to the casual observer.

Consumer-end antennas. Antennas which are either: subject to the Federal Communications Commission (FCC) Over-the-Air-Receiving Devices Rule (47 C.F.R. § 1.4000) placed at an end user’s premises used solely for the purpose of the provision of services to that end user; or solely for amateur radio communications.

DAS. Distributed Antenna System.

Dish Antenna. Any device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals.

Eligible Facilities Request. As defined in 47 C.F.R. § 1.6100(b)(3), as may be amended.

FCC. Federal Communications Commission, or the Federal successor agency, responsible for regulating telecommunications in the United States.

Monopole. A single unguyed pole-structure erected on the ground (e.g., bare ground, concrete slab or footing), to support one or more wireless telecommunication antennas and connecting appurtenances.)
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Radiofrequency (RF) Radiation. Radiation from the portion of the electromagnetic spectrum with frequencies between 3 kilohertz (3 kHz) and 300 gigahertz (GHz), including microwaves, television VHF and UHF signals, radio signals, and low to ultra-low frequencies.

Radome. A dome or other structure protecting radar equipment.

Repeater. Small receiver/relay transmitter of relatively low power output designed to provide service to areas that are not able to receive adequate coverage directly from a base or primary station. “Repeater” as used in this ordinance does not include Wi-Fi range extenders and boosters intended for in-home use.

Slimline Monopole. A monopole with a maximum allowable height of 75 feet, including the antenna, that uses antennas shielded by a radome projecting less than three feet from the center of the pole,.

Stealth Technology/Techniques. Camouflaging methods applied to wireless telecommunication towers, antennas and/or other facilities, which result in the facilities appearing to be something else (for example, a clock tower).

Substantial Change. A modification to an eligible support structure meeting the criteria of 47 C.F.R. § 1.6100(b)(7), as may be amended.

Transmission Equipment. Equipment that facilitates transmission of any FCC-licensed or authorized wireless service, as described in more detail in 47 C.F.R. § 1.6100(b)(8), as may be amended.
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Visual Impact. An adverse effect on the visual and/or aesthetic environment. This may derive from blocking of a view, or introduction of elements that are incompatible with the scale, texture, form or color of the existing natural or human-made landscape, including the existing character surrounding the proposed wireless telecommunication facility site.

Wireless Telecommunication (or Telecommunications) Facility. A facility at a fixed location, including all associated equipment, which supports the FCC-licensed transmission and/or receipt of electromagnetic/radio signals. Wireless telecommunication facilities include cellular radiotelephone service facilities, personal communications service facilities (including wireless Internet), specialized mobile radio service facilities, and commercial paging service facilities. Components of these types of facilities can consist of the following: antennas, repeaters, microwave dishes, horns, and other types of equipment for the transmission or receipt of signals, telecommunication towers or similar structures supporting the equipment, equipment structures, parking area, and other accessory development.

Wireless Telecommunication Tower (Cell Tower/Tower). Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities. It includes, but is not limited to, masts, poles, monopoles, guyed towers, lattice towers, and freestanding towers.

18.66.030 – Exemptions from Discretionary Permits
The following wireless telecommunication facilities are exempt from the discretionary permit requirements of this Chapter. However, each wireless telecommunication facility shall comply with all applicable requirements of State and Federal law, the remaining requirements of this Chapter, and the issuance of a nondiscretionary Zoning Clearance.

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A. Replacement or modification of a previously allowed facility or equipment, or collocation of new transmission equipment, that does not substantially change the physical dimensions of the existing facility or equipment and qualifies as an “eligible facilities request” under 47 CFR § 1.6100, as may be amended.

B. Temporary mobile wireless facilities intended or used to provide wireless services on a temporary or emergency basis, such as a large-scale special event in which more users than usual gather in a confined location or when a disaster requires additional service capabilities. Temporary wireless telecommunications facilities include, without limitation, cells on wheels (COW), sites on wheels (SOW), cells on light trucks (COLTs), or other similar wireless telecommunications facilities: (1) that will be in place for less than two weeks in duration (or such other longer time as the City may allow in light of the event or emergency); (2) for which any required notice is provided to the FAA; (3) that do not require marking or lighting under FAA regulations; (4) that will be less than 100 feet in height; and (5) that will either involve no excavation or involve excavation only as required to safely anchor the facility, where the depth of previous disturbance exceeds the proposed construction depth (excluding footings and other anchoring mechanisms) by at least two feet. Applicants may seek an extension for any such installation, which extension shall be subject to the discretion of the Director, based upon a review of the ongoing need for the temporary facility, as well as any relevant impact assessments, and provided that any such extension requests are accompanied by detailed justification and other documentation deemed necessary by the Director. //
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C. Any modification or maintenance activities carried out as part of the routine operation of wireless telecommunication facilities that do not result in substantial change.

D. Any other facilities that are exempt from City approval by State or Federal statute.

18.66.040 – Permits Required
No wireless telecommunication facility except those designated in Section 18.66.030 (Exemptions from Discretionary Permits) shall be installed, erected, or modified in the City without the approval of either a Conditional Use Permit or Minor Use Permit, in addition to a Zoning Clearance, in compliance with the list of allowable land uses specified in Article 2 (Zones, Allowable Uses, and Development Standards) and the following.

A. Conditional Use Permit. Conditional Use Permit approval is required for all new wireless telecommunication facilities and wireless telecommunication towers that exceed 70 feet in height, or do not meet the definition of slimline monopole subject to this Chapter.

B. Minor Use Permit. Minor Use Permit approval is required for the extension of an existing wireless telecommunication facility and if the existing wireless telecommunications tower will be 70 feet or less feet in height and meets the definition of slimline monopole. A Minor Use Permit is also required for a Concealed Facility of any height.
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C. Conditions. In approving a Conditional Use Permit or Minor Use Permit, the appropriate Review Authority may impose conditions as it deems reasonable, necessary, and appropriate to further the purposes of this Chapter, including, but not limited to, redesign or relocation of the proposed facility and resubmittal of a revised proposal for further consideration.

D. Zoning Clearance. A nondiscretionary Zoning Clearance is required for colocation of new transmission equipment on an existing permitted wireless telecommunication tower or facility, where the co-location does not substantially change the physical dimensions of the existing facility or equipment and qualifies as an “eligible facilities request” under 47 CFR § 1.6100, as may be amended.

Multiple service providers may submit one application for all intended co-located facilities. Prior to the issuance of a Zoning Clearance all the following requirements shall be met for the proposed facility. The wireless telecommunications facility:

1. Shall be consistent with current zoning regulations; and

2. Was previously granted discretionary review approval.

18.66.050 – Application Requirements
A. Requirements. In addition to the information required for a Conditional Use Permit, Minor Use Permit, or Zoning Clearance application in Article 6 (Permit Processing Procedures) the application for a wireless telecommunication facility subject to discretionary permitting shall also include all the following:
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1. Boundary Map. A map with locations and boundaries of the coverage areas and a search ring analysis for all of the applicant’s tower sites existing, approved but not yet constructed, applicant submitted but not yet approved, and planned future sites. The Boundary Map shall also include all of the following:
a. Indicate any existing communication towers located within a fourmile radius of the proposed site(s), the operators of each tower, the tower heights, and attempts to colocate.
b. Identify any airport facility located within a four-mile radius of the proposed site(s).

2. Site Specific Map. The applicant shall submit a detailed map for each proposed site coverage area including all the following:
a. Identify all structures, roads, highways, and residences; and b. Identify all feasible locations for comparable facilities within each coverage area.

3. Service Map Required. The applicant shall provide a vicinity map of the geographic service area for the proposed facility, including the service area of the applicant’s existing sites in the local service network. The documentation shall provide a detailed description of the coverage or capacity demand that the facility is intended to address. //
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4. Parcel Specific Information. The applicant shall provide copies of any land use easements or lease restrictions which would prohibit co-location (on existing wireless telecommunication facilities) or share locations (next to an existing wireless telecommunication facilities) by other service providers.

5. Explanation of Technology. The applicant shall provide a detailed explanation of the type of technology to be used and types of services to be provided by each wireless telecommunication facility site/installation.

6. Health Certification. The applicant shall supply detailed information regarding general and occupation radio frequency exposure and mitigation measures acceptable to the Director for the proposed facility; shall certify compliance with applicable FCC standards for radio frequency radiation; and shall comply at all times with all applicable health requirements and standards pertaining to electromagnetic and/or radio frequency radiation.

7. Co-Location. All new towers shall allow for co-location of public safety transmission equipment when deemed feasible by the Director. Such colocation shall be considered feasible if there is a mutual agreement between the tower owner and the public safety entity, ensuring that technical compatibility, structural capacity, and the potential for interference with existing services have been addressed to the satisfaction of each party.

B. Information required Before Issuance of Building Permits. The applicant shall provide the City with all the following items before the issuance of a Building Permit:
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1. An acceptable type of financial security (i.e., a letter of credit), to ensure that the approved facility is properly maintained and to guarantee that the facility is dismantled and removed if non-operative or abandoned for a minimum 30-day period or upon expiration of the permit from the City, whichever first occurs;

2. A proposed wireless telecommunication tower lighting plan; and

18.66.060 – Location Requirements
A. Tower Placement in Commercial Zones. Wireless telecommunication towers located within a Commercial zone shall be separated by a minimum distance of 200 feet from any other wireless telecommunication towers, and there shall be no more than two towers on a single parcel, unless the towers are located on a publicly owned parcel.

B. Facility Placement Near Residential and Mixed-Use Structures. In all zones, wireless communications facilities shall be separated by a minimum distance of 300 feet of any residential or mixed-use structure or any other existing wireless communications facility except as follows.

1. When located on any existing nonresidential structure or on any existing utility pole, provided the location complies with all the following:
a. The co-location is in full compliance with the California Public Utilities Commission Joint Pole Association General Order 95, Rule 94, and any other applicable State or Federal regulations. //
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b. Existing wireless communications facilities to be used for colocation shall have been previously approved for a Conditional Use Permit or a Minor Use Permit, including modification of an existing Conditional Use Permit or Minor Use Permit. Legal nonconforming facilities do not qualify for co-location.
c. All new accessory equipment and enclosures are located underground or screened from public view as approved by the Director.
d. Unless shown in the submitted application documentation to the satisfaction of the Director to not be technically feasible, all antennas and/or antenna panels shall be flush mounted and limited in number to that amount necessary to achieve the required coverage or service objective described in the project application.

2. The proposed wireless telecommunication facility will replace or modify an existing wireless telecommunication facility for purposes of co-location, or qualifies as an Eligible Facilities Request.

18.66.070 – Facility Design and Developmental Standards All wireless telecommunication facilities shall be located, developed, and operated in compliance with all of the following standards:
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A. Height and Separation Requirements.

1. The height of a wireless telecommunication tower shall be measured from the natural undisturbed ground surface below the center of the base of the tower to the top of the tower or to the point of the highest piece of equipment attached to the tower.

2. Wireless telecommunications facilities and related equipment shall be safely erected and maintained at a height which does not exceed the surrounding conditions, improvements, and circumstances.

3. Wireless telecommunications facilities shall maintain at least one foot of separation to residential uses (located on or off-site) for each one foot of tower height.

B. Colors and Materials. All antennas, poles, towers, or related equipment, including ancillary support equipment, shall have a nonreflective finish and shall be painted or otherwise treated to match or blend with the primary background and minimize visual impacts. Antennas attached to a structure shall be painted or otherwise treated to match the exterior of the structure or the antenna's background color. //
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C. Concealment Elements and Stealth Features. Wireless telecommunications facilities shall incorporate concealment elements and stealth features to blend the tower and other elements of the wireless telecommunications facility into its natural surroundings to the maximum extent possible. This is typically achieved through camouflaging the tower to look like trees or other similar natural-looking features in the vicinity, but for building façades or rooftops, could include design elements appropriate in size, proportion and design to the building itself. After installation, concealment elements may be modified and/or enlarged if they do not result in a different degree of concealment. After installation, stealth features may not be modified if the modifications would defeat the stealth effect.

D. Equipment Cabinets. A wireless telecommunication facility shall not exceed four equipment cabinets.

E. Screening, Landscaping. All ground mounted equipment, antennas, poles, or towers shall be sited to be screened by existing development, topography, or vegetation. Ground mounted facilities shall be screened with structures or located underground or in areas where substantial screening by existing structures or vegetation can be achieved. Additional new vegetation or other screening may be required by the Review Authority. The applicant shall use the smallest and least visible antennas possible to accomplish the owner/operator's coverage objectives. //
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F. Additional Screening and Landscaping. As part of project review and the imposition of conditions of approval, the Review Authority may require additional screening and/or landscaping, under-grounding, an alternative color scheme, or relocation of a tower or ancillary equipment to a less obtrusive area of the site where it would have a less prominent visual presence due to slope, topography, size, or relationship to the public rights-of-way.

G. Lighting. If required by the City or State or Federal regulations, wireless telecommunication towers shall be lighted, with lighting hooded/shielded and directed downward and away from adjoining properties and the public rights-ofway. No blinking or flashing lights shall be allowed unless required by State or Federal regulations. Lighting may be permitted where part of an appropriate stealth design.

H. Power. The provision of power to and within a communication facility site shall be installed underground, unless, in the determination of the Review Authority, conditions on the site render undergrounding infeasible.

I. Backup Power Supply. Any backup power supply (i.e., generator) and associated fuel storage tanks to support the backup power supply shall be enclosed within a structure and screened to the satisfaction of the Director.

J. Signs. No advertising signs or logos other than a maximum three-square foot nameplate shall be allowed on a tower and related facilities, and no other signage shall be permitted except as part of an approved stealth or concealment design, or as required by federal or state law.
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K. HRI Properties. If a proposed facility would be located on, or within 200 feet of, a property listed on the City’s Historic Resource Inventory, then a Significant Property Alteration Permit shall be required

18.66.080 – Operation and Maintenance Standards
A. Contact and Site Information. The owner or operator of any wireless facility shall submit and maintain current at all times basic contact and site information.

The owner or operator shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. At a minimum this information shall include all the following:

1. Name, address, telephone numbers and legal status of the owner of the facility, including official identification numbers and FCC certification, and if different from the owner, the identity and legal status of the person or entity responsible for operating the facility;

2. Name, address, and telephone numbers (land line(s) and mobile) of a local contact person for emergencies;

3. Type of service provided; and

4. Identification signs, including emergency phone numbers (land line(s) and mobile) of the utility provider, shall be posted at all communication facility sites.
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B. Facility Maintenance. All wireless telecommunication facilities and related equipment, including lighting, fencing, screening, shields, cabinets, yards, and poles shall be maintained in good repair, free from trash, debris, litter, graffiti, and other forms of vandalism, and any damage from any cause shall be repaired as soon as reasonably possible to minimize occurrences of dangerous conditions or visual blight. Coloration, stealth elements and other elements designed to conceal the facility shall be maintained and replaced as necessary to serve the purposes for which the conditions were established.

C. Landscaping Maintenance. All trees, foliage, and other landscaping elements on a wireless telecommunication facility site, whether or not used as screening, shall be maintained in good condition at all times in compliance with the approved landscape plan. The facility owner or operator shall be responsible for replacing any damaged, dead, or decayed landscaping as promptly as reasonably possible.

Amendments or modifications to the landscape plan shall require approval by the Director. The Review Authority may also require a landscape maintenance agreement.

D. Noise. Each wireless telecommunication facility shall be operated to minimize the generation of noise that is audible from off the site. Backup generators shall only be operated during periods of power outages and shall not be tested on weekends or holidays. At no time shall equipment noise from any source exceed the noise standards in Chapter 9.10 of the SCCC (Regulation of Noise and Vibration). //
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E. Exterior Lighting. Any exterior lighting shall be manually operated and used only during night maintenance or emergencies, unless otherwise required by applicable Federal law or FCC rules. The lighting shall be constructed or located so that only the intended area is illuminated, and off-site glare is fully controlled. Light fixtures shall be low wattage, hooded, and directed downward and away from adjoining properties.

F. Site Inspection Required. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards identified in this Section.

18.66.090 – Discontinuance and Site Restoration
A. All equipment exclusively associated with the wireless telecommunication facility shall be removed from the site within 30 days of the discontinuance of the use and the site shall be restored to its original preconstruction condition or better, subject to the approval of the Director.

B. The service provider shall provide the City with a notice of intent to vacate a site a minimum of 30 days before site vacation.

C. This removal requirement, and appropriate bonding requirements, shall be included in the terms of a lease for a facility on public property.

D. A private lease for a facility located on private property is encouraged to include terms for equipment removal, since the property owner shall be ultimately responsible for removal of the equipment.”
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SECTION 50: That Paragraph 1, “One-car Garages”, of Subsection A, “Residential Expansions,” of Section 18.92.040, “Allowed Improvements and Expansions of Nonconforming Structures”, of Chapter 18.92, “Nonconforming Structures” of Title 18, “Zoning” of the SCCC is hereby amended to read as follows:
“1. Residences with legal nonconforming parking. Expansions of singlefamily dwellings and duplexes with legal nonconforming parking are allowed up to a maximum 1,000 square foot expansion of floor area. For purposes of this Subparagraph, a “maximum 1,000 square foot expansion” includes all expansions in the aggregate since the parcel or structure became nonconforming.”
SECTION 51: That Subsection A, “Parking Spaces and Improvements” of Section

18.98.020, “Nonconformities Regarding Off-Street Parking and Loading” of Chapter

18.98, “Other Specific Nonconforming Provisions” of Title 18, “Zoning” of the SCCC is hereby amended to read as follows:
“A. Parking Spaces and Improvements.

1. Any nonconformity with respect to off-street parking spaces or improvements may continue indefinitely, except that with any change, expansion, or intensification of use, the additional off-street parking required for the change, expansion, or intensification shall be provided in compliance with Chapter 18.38 (Off-Street Parking Regulations and Design Standards).

2. The only exception to this provision is found in Subsection 18.92.040 A.1. (Residences with legal nonconforming parking), which allows retention legal nonconforming parking in certain specified circumstances.” //
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SECTION 52: That Table 6-1, “Review Authority”, of Chapter 18.112, “Application Processing Procedures”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:

Table 6-1
Review Authority
Type of Action Applicable
Code
Citation
Role of Review Authority(1)(2)
Director Planning
Commission Council
A. Administrative Permits and Actions
Architectural Review
Review of Single-Family Res. 18.120 Decision Appeal Appeal Review of All Other Items 18.120 Decision Appeal
Density Bonus for Affordable Housing 18.64 Decision Appeal Minor Modifications 18.124 Decision Appeal
Minor Use Permits 18.114 Decision Appeal
Off-Site Parking Permit 18.116 Decision Appeal
Reasonable Accommodation 18.118 Decision Appeal
Sign Permits/Comprehensive Sign
Programs

18.42 Decision Appeal
Temporary Use Permits 18.122 Decision Appeal
Zoning Clearances 18.126 Issuance Appeal
B. Quasi-Judicial Permits and Actions
Conditional Use Permits 18.114 Decision Appeal
Major Modifications 18.114 Decision Appeal
Minor Modifications 18.114 Decision Appeal
Historic Preservation – SPAs for Small
Projects

18.130 Decision Appeal
Historic Preservation – SPAs for Major
Alterations

18.130 Decision Appeal
Variances 18.124 Decision Appeal
C. Legislative Actions
General Plan Text/Map Amendments 18.142 Recommend Decision Specific Plans and Amendments 18.142 Recommend Decision Zoning Code Text/Zoning Map
Amendments

18.142 Recommend Decision
D. Subdivision Maps and Other Approvals
Tentative Maps, Final and Parcel Maps See Title 17 (Development), Chapter 17.05 (Subdivisions) Lot Line Adjustments, Mergers, and
Approvals
See Title 17 (Development), Chapter 17.05 (Subdivisions) Notes:

1. "Decision" means that the Review Authority makes the final decision on the matter; "Appeal" means that the Review Authority may consider and decide upon appeals to the decision of an earlier decision making body, in compliance with Chapter 18.144 (Appeals); “Issuance” means that the Review Authority may consider and grant the request in compliance with this Zoning Code; “Recommend” means that the Review Authority should provide preliminary review and forward input to the decision-making Review Authority for consideration.

2. Any Review Authority may defer action and refer the request to the next higher Review Authority level for consideration and final action. In cases where the Council is specified as the Review Authority, the Council shall be the final level of review.

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SECTION 53: That Chapter 18.118, “Reasonable Accommodation,” of Title 18, Zoning, of the SCCC is hereby amended to read as follows:
“18.118.010 - Purpose
A. Provides Procedures.

1. This Chapter provides a procedure to request Reasonable Accommodation for individuals with disabilities seeking equal access to housing pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities, under State and Federal law, in the application of zoning laws and other land use regulations, policies, and procedures.

2. It is a further purpose of this Chapter to provide a procedure for individuals with disabilities to make requests for, and be provided, reasonable accommodation with respect to development standards, building regulations, rules, policies, practices, and/or procedures of the City, including land use and zoning regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.
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18.118.020 – Applicability
A. Eligible Applicants.

1. A request for Reasonable Accommodation may be made by any individual with a disability, their representative, or any entity, when the application of a zoning law or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities.

2. An individual with a disability is an individual who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having this type of impairment, or anyone who has a record of this type of impairment; but not including an individual’s current, illegal use of a controlled substance, unless an individual has a separate disability.

B. Eligible Request.

1. A request for Reasonable Accommodation may include a modification or exception to the practices, rules, and standards for the development, siting, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of their choice.

2. A request for Reasonable Accommodation shall comply with Section

18.118.030 (Application Filing, Processing, and Review), below.

3. Reasonable Accommodation does not include an accommodation that would:
(a) Impose an undue financial or administrative burden on the City; or (b) Require a fundamental alteration in the nature of the City’s land use policies or zoning regulations.

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C. Department Notice.

1. Notice of the availability of Reasonable Accommodation shall be prominently displayed at public information counters in the Department advising the public of the availability of the procedure for eligible individuals.

2. Forms for requesting Reasonable Accommodation shall be available to the public in the Department.

D. Assistance with Request. If an individual with a disability or representative needs assistance in making a request for Reasonable Accommodation, or appealing a determination regarding Reasonable Accommodation, the Department will endeavor to provide the assistance necessary to ensure that the process is accessible to the applicant or representative. The applicant may be represented at all stages of the proceeding by an individual designated by the applicant as his or her representative or a developer or provider of housing for individuals with disabilities.

E. Other Obligations Not Affected. A Reasonable Accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.

F. Laws Remain in Effect During Processing. While a request for Reasonable Accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. //
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18.118.030 – Application Filing, Processing, and Review A. Application. An application for a Reasonable Accommodation shall be filed and processed in compliance with Chapter 18.112 (Application Processing Procedures).

The application shall include the information and materials specified in the most up-todate Department handout for Reasonable Accommodation applications, together with the required fee in compliance with the Fee Schedule. Initial review of the application, including time requirements and requests for information, shall be as provided in Section

18.112.060 (Initial Review of Application). The applicant shall sign the application under penalty of perjury, attesting to the accuracy of the application and all of the accompanying materials.

B. Filing with Other Land Use Applications. If the project involves both a request for Reasonable Accommodation and some other discretionary approval (e.g., Architectural Review, Conditional Use Permit, etc.), the applicant shall file the information required by Subsection A. (Application), above, together with the materials required for the other discretionary approval.

18.118.040 – Review Authority
A. Director. A request for Reasonable Accommodation shall be reviewed, and a decision shall be made, by the Director if no approval is sought other than the request for Reasonable Accommodation.

B. Other Review Authority. A request for Reasonable Accommodation submitted for concurrent review with another discretionary land use application shall be reviewed (and approved or denied) by the Review Authority reviewing the discretionary land use application.

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C. Available Actions. The applicable Review Authority shall take one of the following actions regarding a request for Reasonable Accommodation:

1. Grant the Reasonable Accommodation request, based upon the findings specified in Section 18.118.060 (Findings and Decision), below;

2. Grant the Reasonable Accommodation request, subject to specified conditions;

3. Deny the Reasonable Accommodation request; or

4. Refer the determination of the Reasonable Accommodation request to the Planning Commission who shall render a determination on the application.

18.118.050 – Review Procedures
A. Review Authority.

1. For applications only for a request for Reasonable
Accommodation, the Director shall make a written decision and either approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation in compliance with Section 18.118.060 (Findings and Decision), below.
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2. For applications for other permits accompanying a request for Reasonable Accommodation, the written decision on whether to approve, conditionally approve, approve with modifications, or deny the request for Reasonable Accommodation shall be made by the Review Authority responsible for reviewing the other discretionary land use permit application(s) in compliance with the applicable review procedure for the discretionary review. The decision to approve or deny the request for Reasonable Accommodation shall be made in compliance with Section 18.118.060 (Findings and Decision), below.

B. Notice of City’s Intent. Upon submittal of a completed application for Reasonable Accommodation and subsequent to an application being deemed complete, the Department shall prepare a notice of City’s intent to approve, deny, or refer the Reasonable Accommodation request in compliance with this Chapter. The notice of City’s intent shall be prepared and disseminated as follows:

1. Content of Notice. The notice of City’s intent shall provide a detailed description of the subject property, the Reasonable Accommodation request, and the findings in compliance with Section 18.118.060 (Findings and Decision), below.

Additionally, the notice of City’s intent shall include information on the public comment period for the request.

2. Mailing of Notice. The notice of City’s intent shall be mailed to the applicant and the property owner of record of the property that is the subject of the Reasonable Accommodation request, and all neighboring properties abutting the subject property within 30 days from the submittal of a completed application for Reasonable Accommodation.

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C. Applicability. A Reasonable Accommodation request that is granted in compliance with this Chapter shall not, in and of itself, require the approval of a Variance.

The Reasonable Accommodation shall be subject to the following provisions:

1. The Reasonable Accommodation shall only be applicable to a residential structure occupied by one or more individuals with a disability.

2. The Reasonable Accommodation shall only be applicable to the specific use for which an application is made.

3. The Reasonable Accommodation is subject to any and all Building Code permit and inspection requirements of the City and all other applicable zoning regulations and procedures.

4. The applicable Review Authority may impose additional conditions on the approval of a Reasonable Accommodation request that are consistent with the purposes of this Chapter.

18.118.060 – Findings and Decision
The written decision to approve, conditionally approve, approve with modifications, or deny a request for Reasonable Accommodation shall be based on consideration of all of the following factors:

A. Whether the housing, which is the subject of the request, will be used by an individual with disabilities protected under fair housing laws; B. Whether the request for Reasonable Accommodation is necessary to make specific housing available to an individual with disabilities protected under the fair housing laws;
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C. Whether the requested Reasonable Accommodation would impose an undue financial or administrative burden on the City;
D. Whether the requested Reasonable Accommodation would require a fundamental alteration in the nature of a City program, policy, procedure, or law, including but not limited to land use and zoning; and

18.118.070 – Rescission of Approval of Reasonable Accommodation A. Rescission. An approval or conditional approval of an application made in compliance with this Chapter shall be conditioned to provide for its rescission or automatic expiration under appropriate circumstances (e.g., the disabled individual vacates the subject site), unless allowed to remain in compliance with Subsection B. (Discontinuance and Exceptions), below.

B. Discontinuance and Exceptions.

1. Any change in use or circumstances that negate the basis for the approval of the Reasonable Accommodation shall require its termination and removal within 180 days.

2. Notwithstanding Subparagraph 1, the applicable Review Authority may allow a Reasonable Accommodation to apply to subsequent occupants, if the Review Authority makes all of the findings specified in Section 18.118.060 (Findings and Decision), above, in any of the following circumstances:
a. The modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with this Zoning Code; or //
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b. The accommodation is to be used by another qualifying individual with a disability, and the Review Authority makes the findings in Section

18.118.060 (Findings and Decision).

3. The Review Authority may request the applicant or the successor(s)-ininterest to the property to provide documentation that subsequent occupants are qualifying individuals with disabilities. Failure to provide the documentation within 10 30 days of the date of a request by the Review Authority shall constitute grounds for discontinuance by the City of a previously approved Reasonable Accommodation.

18.118.080 – Information identified as confidential.

Any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection.

18.118.090 – Deemed Granted
If the Review Authority fails to render a written decision on the request for reasonable accommodation within the thirty (30) day time period allotted, the request shall be deemed granted.

18.118.100 - Post-Decision Procedures
The procedures and requirements in Chapter 18.128 (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration) shall apply following the decision on a Reasonable Accommodation application.”
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SECTION 54: That Subsection B, “Minor Modifications”, of Section 18.124.020, “Applicability”, of Chapter 18.124, “Variances and Minor Modifications”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“B. Minor Modifications.

1. The Director shall have the authority to grant only the following Minor Modifications in compliance with this Chapter, and only after first making the findings specified in Section 18.124.050 (Findings and Decision), below:
a. Minor Modifications of the vehicle parking space and loading space requirements; b. Minor Modifications of yard regulations;
c. Minor Modifications of fence, wall, and hedge regulations; d. Minor Modifications of other requirements of this Zoning Code not specifically required to be referred to the Planning Commission.”
SECTION 55: That Subsection C, “Approval of Permits When Designation is Pending”, of Section 18.130.040, “HRI Property Designation” of Chapter 18.130, “Historic Preservation”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“Approval of Permits When Designation is Pending. Except as provided in Section 18.130.080 (Unsafe or Dangerous Conditions), no Building Permit, Demolition Permit, or other permit that would result in a major alteration of the property shall be issued for any property when an HRI designation application has been initiated with the Department as specified in Subsection B. (Initiation of Designation) until all hearings on the matter are concluded. Small projects may still be approved.” //
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SECTION 56: That Subsection B, “Timing and Form of Appeal”, of Section 18.144.030, “Filing and Processing of Appeals,” of Chapter 18.144, “Appeals,” of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“B. Timing and Form of Appeal. An appeal shall be submitted in writing and shall specifically state the pertinent facts and the basis for the appeal.

1. The pertinent facts and the basis for the appeal shall include, at a minimum, the specific grounds for the appeal, where there was an error or abuse of discretion by the previous Review Authority in the consideration and action on the matter being appealed, and/or where the decision was not supported by the evidence on the record.

2. The appeal shall be filed with the Department or City Clerk, as applicable, within seven days following the actual date the decision was rendered. a. An appeal addressed to the Planning Commission shall be filed with the Department; and
b. An appeal addressed to the Council shall be filed with the City Clerk.

3. The appeal shall be accompanied by the filing fee identified in the Fee Schedule.
a. The appeal fees are established to cover the cost of the following items as are required for the particular case: field investigation; preparation of necessary reports; preparation of site maps; mailing notices; printing and posting notices and legal publications.
b. These fees, no part of which shall be refundable, shall be paid to the Department or City Clerk, as applicable, at the time the appeal is filed. //
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4. The appeal shall be accompanied by a written verification by at least one of the petitioners attesting to the truth and correctness of all facts and maps and other graphic materials presented with the appeal petition.

5. Once an appeal is filed, any approval of the subject project is stayed until the appeal is processed and a final decision is rendered by the applicable Review Authority.”
SECTION 57: That Subsection B, “Method of Notice Distribution,” of Section 18.146.020, “Notice of Hearing,” of Chapter 18.146, “Public Notices and Hearings,” of Title 18, “Zoning”, of the SCCC is hereby amended as follows:
“Method of Notice Distribution. Notice of a public hearing required by this Chapter for a planning permit, amendment, appeal, or other approval shall be given as follows.

1. Mailing for a Hearing Before the Director or Planning Commission - With a Public Hearing. Notice shall be mailed, postage prepaid, or delivered at least 10 days before the scheduled hearing date to all of the following. If mailed, the notice shall be deemed delivered two days after being mailed.
a. Project Site Owner(s) and the Applicant. The owner(s) of the property being considered in the application or the owner’s authorized agent, the applicant (at the addresses designated on the application), and any appellant(s). //
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b. Local Agencies – Only for Development Agreements, General Plan Amendments, and Specific Plans and Amendments. Each local agency expected to provide roads, schools, streets, water, wastewater collection, or other essential facilities or services to the property which is the subject of the application, whose ability to provide those facilities and services may be significantly affected.
c. Affected Owners.
(1) All Public Hearings – 300 feet. Except as otherwise provided in Subparagraph c. (2), below, all owners of real property, as shown on the latest tax assessor’s records, located within a radius of 300 feet of the exterior boundaries of the property that is the subject of a public hearing. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. (2) Alternative to Mailing. If the number of property owners to whom notice would be mailed in compliance with Subsection c. (1)., above is greater than or equal to 1,000, the Director may choose instead to provide a one-eighth page newspaper advertisement in one newspaper of general circulation within the City.
d. Persons Requesting Notice. Any person who has filed a written request for notice with the Director and has paid the required fee to cover the cost of this mailing.

2. Alternative Notice for the Director’s Decision - Without a Public Hearing. If approval is by the Director without a public hearing, the following requirements shall apply:
a. Except as otherwise provided in Subparagraph b., notice shall be given to the owner/applicant and the abutting property owners (i.e., abutting and across the street). //
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b. Notice is not required to be given to abutting property owners in applications for minor modifications to permits where there are no significant issues, as determined by the Director.
c. A newspaper notice is not required.
d. A notice of decisions by the Director without a public hearing shall also be posted on the City’s website at the same time notice is provided to the owner/applicant.

3. Publication.
a. Publication for Development Agreements, General Plan Amendments, and Specific Plans. Notice of a public hearing for a development agreement, development agreement amendment, General Plan amendment, or specific plan shall be published at least once in a newspaper of general circulation in the City at least 10 days before the scheduled hearing date.
b. No publications shall be required for approvals not listed in Subparagraph a.

4. Posting Notices. Notices of public hearing shall be posted as follows:
a. For development agreements, at least one additional paper notice shall also be posted on the project site, fronting on an improved public street. b. Each paper notice shall be headed by the word "Notice," in letters not less than one inch in height.
c. The person posting the notices shall file a Certificate of Posting together with a copy of the notice with the City Clerk.
d. The notice shall be posted in at least three public places. e. All notices shall be posted at least five days, but 10 days for development agreements, before the public hearing.

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f. A notice of all public hearings shall also be posted on the City’s website.

5.4. Additional Notice. In addition to the types of notice required above, the Director may provide any additional notice with content or using a distribution method as the Director determines is necessary or desirable.

6.5. Errors. Any substantive defect or error appearing in any notice shall not divest the Director, Planning Commission, or Council of jurisdiction nor invalidate any proceedings.” SECTION 58: That the definition “Accessory Dwelling Unit (ADU)”, of Section

18.160.010, “’A’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC is revised to read as follows:
“Accessory Dwelling Unit (ADU). Residential dwelling unit with permanent provisions for living, sleeping, eating, cooking, and sanitation that is located on the same lot as an existing single-family or multi-family dwelling. An ADU is intended for the habitation by one or more persons, and may take one of the following two (2) forms:
- Detached. The unit is separated from the primary single-family dwelling. - Attached. The unit is attached to the primary single-family dwelling (i.e., an addition). This includes converted ADUs (i.e., a garage conversion) and Junior Accessory Dwelling Units.”
SECTION 59: That the definition “Basement”, of Section 18.160.020, “’B’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC is revised to read as follows:
“Basement. The portion of a structure between the floor and ceiling that is partly below and partly above grade, but so located that the vertical distance from grade to floor of the basement is less than the vertical distance from grade to ceiling.” //
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SECTION 60: That the definition “Industrial, Major”, of Section 18.160.090, “’I’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC is revised to read as follows:
“Industrial, Major. Manufacturing, fabrication, processing, and assembly of materials in a raw form. Uses in this category typically create substantial amounts of smoke, gas, odor, dust, sound, or other objectionable influences that might be obnoxious to persons on an adjacent site. Uses include but are not limited to, product assembly and distribution, vehicle and boat assembly, corporation yards, aggregate processing facilities, plastics and rubber products manufacturing, chemical product manufacturing, lumber and wood product manufacturing, petroleum refining, and pulp and pulp product industries.”
SECTION 61: That a new definition “Smoke Shop”, us added to Section 18.160.190, “’S’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC to read as follows:
“Smoke Shop: Any premises dedicated to the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco, vaping, compressed gas (i.e. nitrous oxide), or cannabis paraphernalia. Any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop” and is not subject to the restrictions in this chapter.”
SECTION 62: That a new definition for “Student Housing Development” is hereby added to Section 18.160.190 (“‘S’ Definitions”) of Article 8 (“Definitions”) of Title 18 (“Zoning”) of the SCCC to read as follows:
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Ordinance/Zoning Code Clean-up #2 Page 100 of 101
Rev: 09/2019
“‘Student housing development’ means a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.”
SECTION 63: That a new definition entitled “Transit Services and Dispatch” is added to Section 18.160.200 (“‘T’ Definitions”) of Article 8 (“Definitions”) of Title 18 (“Zoning”) of the SCCC to read as follows:
“Transit Services and Dispatch. Facility where buses, limousines, airporters and shuttles are stored and dispatched from.”
SECTION 64: That the definition for Sight Distance Triangle is deleted from Section

18.160.190 (“S” Definitions), renamed “Visibility Clearance Area”, and is added to Section

18.160.220 (“‘V’ Definitions”) of Article 8 (“Definitions”) of Title 18 (“Zoning”) of the SCCC to read as follows:
“Visibility Clearance Area. A space on a corner parcel and any driveway or alley in which all visual obstructions (e.g., structures and plantings), that inhibit visibility and thus cause a hazard to traffic and pedestrian safety are prohibited. (See also Site Planning and General Development Standards, Section 18.30.030).” SECTION 65: That the cross-references to other sections of the code are updated to reflect the correct target destination.

SECTION 66: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.
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SECTION 67: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.

SECTION 68: Effective date. This ordinance shall take effect thirty (30) days after its final adoption; however, prior to its final adoption it shall be published in accordance with the requirements of Section 808 and 812 of "The Charter of the City of Santa Clara, California."
PASSED FOR THE PURPOSE OF PUBLICATION this 27TH day of MAY, 2025, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Chahal, Cox, Gonzalez, Hardy, and Jain, and
Mayor Gillmor
Park
None
None
ATTEST: ~

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/Zoning Code Clean-up #2
Rev: 09/2019

Page 101 of 101 ends

City Council and Authorities ConcurrentJune 10, 2025

City Council and Authorities Concurrent
June 10, 2025