Conditions of Approval for Conditional Use Permit
PLN24-00424 / 1700 Duane Avenue
Action on a Conditional Use Permit (PLN24-00424) to Construct a Single-Sided Digital LED Billboard (Electronic Digital Display Message Sign) as Part of a Billboard Relocation Agreement and a Minor Modification to Reduce the Required 1,500 Linear Feet Distance from Another Electronic Digital Display Message Sign, and Recommendation to the City Council to Approve Adoption of the Billboard Relocation Agreement
GENERAL / PERFORMANCE
Permit Expiration. This Permit shall automatically be revoked and terminated if not used within two years of original grant or within the period of any authorized extensions thereof. The date of granting of this Permit is the date this Permit is approved by the decision-making body and the appeal period has been exhausted. The expiration date is August 13, 2027.
Conformance with Plans. Prior to the issuance of Building Permit, the development of the site and all associate improvements shall conform to the approved plans on file with the Community Development Department, Planning Division. No change to the plans will be made without prior review by the Planning Division through approval of a Minor Amendment or through an Architectural Review, at the discretion of the Director of Community Development or designee. Each change shall be identified and justified in writing.
Conditions on Plans. All conditions of approval for this Permit shall be reprinted and included within the first three sheets of the building permit plan sets submitted for review and approval. At all times these conditions of approval shall be on all grading and construction plans kept on the project site.
Necessary Relocation of Public Facility. If relocation of an existing public facility becomes necessary due to a conflict with the developer's new improvements, then the cost of said relocation shall be borne by the developer.
Indemnify and Hold Harmless. The owner or designee agrees to defend and indemnify and hold City, its officers, agents, employees, officials and representatives free and harmless from and against any and all claims, losses, damages, attorney’s fees, injuries, costs, and liabilities from any suit for damages or for equitable or injunctive relief which is filed by a third party against the City by reason of its approval of owner or designee’s project.
Code Compliance. The construction permit application drawings submitted to the Santa Clara Building Division shall include an overall California Building Code analysis; proposed use and occupancy of all spaces (CBC Ch. 3), all building heights and areas (CBC Ch. 5), all proposed types of construction (CBC Ch. 6), all proposed fire and smoke protection features, including all types of all fire rated penetrations proposed (CBC Ch. 7), all proposed interior finishes fire resistance (CBC Ch. 8), all fire protection systems proposed (CBC Ch. 9), and all means of egress proposed (CBC Ch. 10). Noncombustable exterior wall, floor, and roof finishes are strongly encouraged.
During construction retaining a single company to install all fire related penetrations is highly recommended.
The grade level lobbies shall be minimum 1-hour rated all sides and above.
All stair shafts shall be minimum 1-hour rated.
All elevator shafts shall be minimum 1-hour rated.
All trash chute shafts shall be minimum 1-hour rated.
Recommendation: provide minimum two trash chutes; one for recyclables, one for trash, each trash chute to be routed down to a grade level trash collection room.
Any trash rooms shall be minimum 1-hour rated all sides and above.
Building Codes as Amended. See Title 15 of the Santa Clara City Code for any amendments to the California Building Codes.
Reach Codes. This project is subject to the provisions of the City of Santa Clara 2022 Reach Code, effective January 2022. See Ordinance No. 2034 and/or Title 15 of the Santa Clara City Code.
Chapter 15.38 – Green Building Code for additional Electric Vehicle Charging requirements for new construction.
Comply with all applicable codes, regulations, ordinances and resolutions.
COMMUNITY DEVELOPMENT – planning division
DESIGN / PERFORMANCE– PRIOR TO BUILDING PERMIT ISSUANCE Construction Management Plan. The owner or designee shall submit a construction management plan addressing impacts to the public during construction activities including: showing work hours, noticing of affected businesses, construction signage, noise control, storm water pollution prevention, job trailer location, contractor parking, parking enforcement, truck hauling routes, staging, concrete pours, crane lifts, scaffolding, materials storage, pedestrian safety, and traffic control. The plan shall be submitted to the Director of Community Development or designee for approval prior to issuance of demolition and building permits.
Single-Faced Billboard. Signs are to be painted, repaired, backed with lattice when single-faced, and panels aligned as appropriate, and maintained in good condition.
Public Service and Emergency Announcement. Billboard shall be required to provide for public service announcements, including Amber/Emergency Alerts, and other community service announcements in compliance with the terms of the Conditional Use Permit and the Billboard Relocation Agreement. The amount of time each day dedicated to public service announcements that will be displayed, at no cost to the City.
Periodic Review. Periodic review is required to ensure compliance with the development standards and conditions of approval.
Further Compensation. Pursuant to the City Council Policy Statement for Billboard Relocation Agreements and the Billboard Relocation Agreement, Applicant to pay City Seventy Thousand Dollars ($70,000.00) per billboard face for the New Billboard.
Brightness. Light produced by an electronic/digital display message sign shall not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign’s face.
Dimmer Control. Signs shall have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower illumination level for the time period between one-half hour before sunset and one-half hour after sunset.
Brightness Review. Each electronic digital display message sign shall be subject to a 30-day review period during which time the Director may determine that a reduction in illumination or turning off of the sign for certain evening hours, is necessary due to negative impacts on surrounding property or the community in general. The Director’s determination shall be made without regard to the message content of the sign.
Change of Message. Messages displayed on an electronic digital display message sign shall be a static display without change for a minimum duration eight seconds except for those messages where the hour-and-minute, date, or temperature/weather information is updated. Messages shall be complete within each message/display without continuation in content to the next message or to any other sign. The message/display shall change instantaneously without any fading in/out, scrolling, dissolve, or similar animation.
No Animation. Any form of moving, animated, oscillating, or rotating images, or any other design intended to attract attention through movement or the semblance of movement on any part of the sign is prohibited at all times.
Maintenance. Signs shall be properly maintained in good working order at all times. Signs shall be designed and equipped to freeze the changeable message in one position or to go dark if a malfunction occurs. The sign owner shall immediately stop the electronic/digital display when notified by the City that it is malfunctioning or not complying with regulations of this Section. Installation, operation, and maintenance of new billboard should be conducted as established in the Billboard Relocation Agreement.
Nonconforming Sign Structure. An existing sign or sign structure that is nonconforming as to location, size, heigh, or other regulation shall not be changed to a new electronic digital display message sign until all nonconformities have been eliminated.
Mechanical Screening. Each sign structure shall include a facing of proper dimensions to conceal back bracing, framework, and structural members and/or any electrical equipment.
Undergrounding of Utilities. All utilities installed in connection with the electronic digital display message sign shall be underground.
San Jose Airport Planning and Development Department. File a FAA Form 7460-1, coordinate any construction crane activity with Airport Planning and Development department, and receive a FAA “Determination of No Hazard” issuance prior to Building permit issuance for vertical construction.
DURING CONSTRUCTION -- PRIOR TO OCCUPANCY
Construction Hours. Construction activity shall be limited to the hours of 7:00 a.m. to 6:00 p.m. weekdays and 9:00 a.m. to 6:00 p.m. Saturdays for projects within 300 feet of a residential use and shall not be allowed on recognized State and Federal holidays.
Construction Trash/Debris. During construction activities, the owner or designee is responsible for collection and pick-up of all trash and debris on-site and adjacent public right-of-way.
Landscape Water Conservation. The owner or designee shall ensure that landscaping installation meets City water conservation criteria in a manner acceptable to the Director of Community Development.
OPERATIONAL CONDITIONS
Landscaping Installation & Maintenance. The owner or designee shall ensure that the landscaping installed and accepted with this project shall be maintained on the site as per the approved plans. Any alteration or modification to the landscaping shall not be permitted unless otherwise approved by the Director of Community Development.
COMMUNITY DEVELOPMENT - BUILDING DIVISION
DESIGN / PERFORMANCE– PRIOR TO BUILDING PERMIT ISSUANCE Addressing. Prior to overall construction permit application, submit to the Santa Clara Building Division, 2 copies of an addressing diagram request, to be prepared by a licensed architect or engineer. The addressing diagram(s) shall include all proposed streets and all building floor plans. The addressing diagram(s) shall conform to Santa Clara City Manager Directive #5; Street Name and Building Number Changes, and Santa Clara Building Division Address Policy For Residential and Commercial Developments. The addressing diagram(s) shall indicate all unit numbers to be based off established streets, not alleys nor access-ways to garages. Allow a minimum of 10 working days for initial staff review. Please note city staff policy that existing site addresses typically are retired. Provide digital pdf printed from design software, not scanned from printed paper sheet.
Any building or structure that is demolished shall have its address retired and a new address/s shall be issued for the project.
Flood Zone. The construction permit application drawings submitted to the Santa Clara Building Division shall include a copy of the latest Federal Emergency Management Agency (FEMA) Flood Zone Map: https://msc.fema.gov/portal/home. The project drawings shall indicate how the project complies with the Santa Clara Flood Damage Prevention Code.
FEMA Flood Zone map designations and requirements are based on the map in effect at date of Building Permit issuance.
Water Pollution Control. The construction permit application drawings submitted to the Santa Clara Building Division shall include Santa Clara Valley Urban Runoff Pollution Prevention Program Low Impact Development (LID) practices http://www.scvurppp-w2k.com/nd_wp.shtml. All projects that disturb more than one acre, or projects that are part of a larger development that in total disturbs more than one acre, shall comply with the Santa Clara Valley Urban Runoff Pollution Prevention Program Best Management Practices (BMP): http://www.scvurppp-w2k.com/construction_bmp.shtml, and shall provide a Storm Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP Developer (QSD). All site drainage and grading permit applications submitted to the Santa Clara Building Division shall include a city of Santa Clara "C3" data form, available on this web page:
https://www.santaclaraca.gov/our-city/departments-g-z/public-works/environmental-programs/stormwater-pollution-prevention and will be routed to a contract consultant for review.
Submittal Requirements. The overall project construction permit application shall include the geotechnical, architectural, structural, energy, electrical, mechanical, and plumbing drawings and calculations. Prior to the issuance of the overall project construction permit, a conditions of approval review meeting must be held in city hall, which meeting must be attended by the on-site field superintendent(s). The meeting will not be held without the attendance of the on-site field superintendent(s). The on-site grading permit shall be a separate permit application to the Building Division.
DURING CONSTRUCTION – PRIOR TO OCCUPANCY
Temporary Certificates of Occupancy. Temporary Certificates of Occupancy (TCO) will not be routinely issued and will be considered on a very limited basis only when there is a clear and compelling reason for city staff to consider a TCO. A TCO will be approved only after all applicable City staff have approved in writing; Planning, P.W./ Engineering, Fire Prev., Santa Clara Water, Silicon Valley Power, and any other applicable agencies such as the Santa Clara County Health Dept., with the Building Division being the final approval of all TCO.'s.
FIRE DEPARTMENT
DESIGN / PERFORMANCE—PRIOR TO BUILDING PERMIT ISSUANCE
Hazmat Clearance. Prior to any Building Permit issuance, Hazardous Materials Closure (HMCP) is required as applicable: This is a permit is issued by the Santa Clara Fire Department, Fire Prevention & Hazardous Materials Division. Hazardous materials closure plans are required for businesses that used, handled or stored hazardous materials. While required prior to closing a business this is not always done by the business owner, and therefore should be part of the developer’s due diligence. The hazardous materials closure plans demonstrate that hazardous materials which were stored, dispensed, handled or used in the facility/business are safely transported, disposed of or reused in a manner that eliminates any threat to public health and environment.
Hazmat Clearance. Prior to any Building Permit Issuance, a Phase II environmental assessment is required to be submitted to CRRD for review. If hazards are present that require site mitigation, cleanup, or management of chemical contaminants in soil, soil vapor, or groundwater a separate permit from one of the regulatory agencies below will be required. The type and extent of contamination on site(s) will govern which of the regulatory agencies noted below can supervise the cleanup: Department of Toxic Substances Control (DTSC); State Water Resources Control Board; or Santa Clara County, Department of Environmental Health.
If the project intends to contract with a State or County Agency for onsite/offsite environmental remediation activities the following documentation shall be provided to the Fire Prevention & Hazardous Materials Division prior to issuance of a Building Permit for demolition or grading: Oversight agency case number; and Oversight mangers contact name, phone number.
For smaller projects that are not moving soil at all, a Phase I environmental assessment may be adequate. Please contact Assistant Fire Marshal Fred Chun at [email protected] for more information.
Fire Flow Requirement. Prior to Building Permit Issuance, provide documentation from the City of Santa Clara Water & Sewer Department that the minimum required fire-flow can be met. Fire Department fire-flow will be based on the current California Fire Code. The most restrictive departments requirement shall apply.
Fire Hydrants. Prior to Building Permit Issuance, building plans shall show the required number, location and distribution of fire hydrants for the buildings will be based on the current California Fire Code, Appendix C as amended. The required number of fire hydrants will be based on the fire-flow before the reduction for fire sprinklers. Both public and private fire hydrants may be required.
Fire Department Access. Prior to Building Permit Issuance, a five-foot all-weather perimeter pathway around the entire perimeter of the buildings to facilitate firefighter access is required to be incorporated into the Building permit submittal.
Fire Department Access. Prior to the issuance of the Building Permit, approval for fire department apparatus access roads is required. Roadways must be provided to comply with all the following requirements:
Fire apparatus access roadways shall be provided so that the exterior walls of the first story of the buildings are located not more than 150 feet from fire apparatus access as measured by an approved route around the exterior of each building. In addition, aerial apparatus roadways must be located so aerial apparatus will have clear access to the “entire” face/sides of the building. The minimum number of sides is project-specific and depends on the building configuration, building design, occupancy, and construction type, etc. As part of Building Permit Issuance, an alternative materials, design, and methods of construction and equipment permit application will need to be submitted for review and approval incorporating applicable mitigation measures as determined by the fire department for the lack of compliance. Please note acceptable mitigation methods may have been discussed during the planning stage. Those mitigations are not guaranteed until a formal alternate means permit is submitted concurrently with the Building Plans. Conversely, an acceptable mitigation method may not have been discussed and will be evaluated under an alternate means permit at the building permit stage.
For underpasses, garages, gates, or anything similar that a Fire apparatus is required to drive under as part of the emergency vehicle access, 16 feet vertical clearance will be required. For all other areas, the “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches. or
For all other areas, the “minimum” unobstructed vertical clearance shall not be less than 13 feet 6 inches.
The “minimum” width of aerial roadways for aerial apparatus is 26 feet.
The minimum inside turning radius shall be 30 feet.
The “minimum” width of roadways for aerial apparatus is 26 feet. Aerial access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the protected building. This requirement is only applicable when Appendix D of the Fire Code is enforceable.
Overhead utility and power lines easements shall not be located over fire apparatus access roads or between the aerial fire apparatus roads and the buildings to avoid the possibility of injury and equipment damage from electrical hazards.
Fire apparatus access roadways shall be all-weather surface(s) designed to support a gross vehicle weight of 75,000-pounds.
Trees at full development must not exceed 30 feet in height and not impair aerials apparatus operations to sweep opposing sides of a building. Other obstructions such as site lighting, bio-retention, and architectural features are reviewed case-by-case to ensure they do not obstruct aerial and ground ladder access.
Traffic control/calming devices are not permitted on any designated fire access roadway unless approved. A separate Fire Department permit is required for any barrier devices installed alone fire department apparatus access roads.
Prior to any Building Department Issuance, all fire department apparatus access roadways on private property are required to “be recorded” with the County of Santa Clara as Emergency Vehicle Access Easements (EVAE’s) and reviewed by the Fire Department. No other instruments will be considered as substitutions such as P.U.E, Ingress/Egress easements and/or City Right-of-Ways.
Emergency Responder Radio Coverage System. Prior to Building Permit Issuance, provisions shall be made for Emergency Responder Radio Coverage System (ERRCS) equipment, including but not limited to pathway survivability in accordance with Santa Clara Emergency Responder Radio Coverage System Standard.
Fire Department Access. Prior to the start of construction, roadways and water supplies for fire protection are required to be installed and made serviceable and maintained throughout the course of construction.
Fire Department Access. Prior to issuance of the Building Permit, a gate permit is required to obtained. Openings for access gates located across fire apparatus access roads shall be a minimum of 20 feet of clear width. Gates shall also be provided with a minimum unobstructed vertical clearance of 16-feet. All gates installed on designated fire department access roads must be electrically automatic powered gates. Gates shall be provided with an emergency power or be of a fail-safe design, allowing the gate to be pushed open without the use of special knowledge or equipment. A Tomar Strobe Switch or 3M Opticom detector shall be installed to control the automatic gate(s) to allow emergency vehicles (e.g., fire, police, ems). Said device shall be mounted at a minimum height of eight to ten feet (8’ - 10’) above grade.
Alternative Means and Methods. Prior to any Building Permit issuance, an alternate means or methods permits to mitigate any code deficiency must be submitted and approved. Please submit this permit concurrently with the building plans. Please note specific mitigations may have been discussed during the planning process. None of these discussions are binding and can only be formally approved through submitting an AMMR permit. The AMMR permit is formally documenting that and still needs to be submitted.
Hazmat Information. Prior to Building Permit Issuance, a Hazardous Materials Inventory Statement including refrigerants is required to be submitted and reviewed with the Building Permit if applicable.
Fire Safety During Construction. Prior to Building Permit Issuance, a permit for Construction Safety & Demolition shall be submitted to the fire department for review and approval in compliance with our Construction Safety & Demolition standard.
DURING CONSTRUCTION – PRIOR TO OCCUPANCY
Shared Fire Protection Features that Cross Property Lines. Prior to Building Permit Final, any EVAEs or fire protection equipment (including but not limited to fire service undergrounds, sprinkler piping, fire alarm equipment, fire pumps, ERRCS) that cross property lines or is not located on the parcel of the building it serves shall have a CC&R legally recorded detailing who is responsible for maintenance and repair of the EVAE or fire protection equipment.
Fire Protection Systems Before Occupancy. Prior to any Certificate of Occupancy Issuance (temporary or permanent), fire-life safety systems installations must be fully installed, functional, and approved.
PUBLIC WORKS DEPARTMENT - ENGINEERING
DESIGN—PRIOR TO BUILDING PERMIT ISSUANCE
Site Clearance. Obtain site clearance through Public Works Department prior to issuance of Building Permit. Site clearance will require payment of applicable development fees. Other requirements may be identified for compliance during the site clearance process. Contact Public Works Department at (408) 615-3000 for further information.
DURING CONSTRUCTION
Encroachment Permit. All work within the public right-of-way and/or public easement, which is to be performed by the Developer/Owner, the general contractor, and all subcontractors shall be submitted within a Single Encroachment Permit to be reviewed and issued by the City Public Works Department. Issuance of the Encroachment Permit and payment of all appropriate fees shall be completed prior to commencement of work, and all work under the permit shall be completed prior to issuance of occupancy permit.
Encroachment Permit. Submit public improvement/encroachment permit plans prepared in accordance with City Public Works Department procedures which provide for the installation of public improvements directly to the Public Works Department. Plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to approval and recordation of final map and/or issuance of building permits.
Encroachment Permit. All work within state right-of-way shall require a Caltrans encroachment permit.
PUBLIC WORKS DEPARTMENT - stormwater
DESIGN / PERFORMANCE—PRIOR TO BUILDING PERMIT ISSUANCE
Final Stormwater Management Plan. Prior to City’s issuance of Building or Grading Permits, the applicant shall develop a Final Stormwater Management Plan, update the C.3 Data Form, the Special Project Narratives and Worksheet (as appropriate), and an Erosion and Sediment Control Plan. 3rd Party Review of Final Stormwater Management Plan. The Final Stormwater Management Plan and all associated calculations shall be reviewed and certified by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants, and a 3rd party review letter (on design) shall be submitted with the Plan.
Notice of Intent. For project that disturbs a land area of one acre or more, the applicant shall provide a copy of the Notice of Intent (NOI) with WDID number for coverage under the State Construction General Permit. Active projects with NOI will be inspected by the City once per month during the wet season (October – April).
Best Management Practices. The applicant shall incorporate Best Management Practices (BMPs) into construction plans and incorporate post-construction water runoff measures into project plans. Include the SCVURPPP Countywide Construction BMPs Plan Sheet with the plans. Applicant to add Source control measures with designations from C.3 stormwater handbook, Appendix H.
C.3 Treatment Facilities Construction Notes. Include the C.3 Treatment Facilities Construction Notes on the Improvement Plans and/or Stormwater Control Plans.
Decorative & Recreational Water Features. Decorative and recreational water features such as fountains, pools, and ponds shall be designed and constructed to drain to the sanitary sewer system only.
Small Projects. For single-family homes and other small projects that create and/or replace 2,500 – 10,000 square feet of impervious surface area, the applicant shall implement at least one of the following site design measures:
a. Direction of roof runoff into cisterns or rain barrels b. Direction of roof, sidewalk, walkway, patio, driveway, or parking lot runoff onto vegetated areas c. Construction of sidewalks, walkways, patios, bike lanes, driveways, and parking lots with permeable surfaces Plans shall specify which site design measures are selected for the project and show the direction of flow from impervious surfaces to the selected site design measures. All measures shall meet the design criteria in the 2016 C.3. Stormwater Handbook, Appendix K: Standard Specifications for Lot-Scale Measures for Small Projects.
Interior Floor Drains. Interior floor drains shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.
Trash Enclosure Floor Drains. Floor drains within trash enclosures shall be plumbed to the sanitary sewer system and not connected to the City’s storm drain system.
Architectural Copper. The use of architectural copper is prohibited.
DURING CONSTRUCTION OR OPERATION
Biotreatment Soil Media. Applicant shall install biotreatment soil media that meets the minimum specifications as set forth in the SCVURPPP C.3 Stormwater Handbook. If percolation rate test of the biotreatment soil mix is not performed on-site, a certification letter from the supplier verifying that the soil meets the specified mix (the date of such document shall not be older than 3 months).
Stormwater Control Measure Inspection. At critical construction phases, all stormwater control measures shall be inspected for conformance to approved plans by a qualified 3rd party consultant from the SCVURPPP List of Qualified Consultants.
Inspections. Permeable Pavement, Media Filter vaults, and Trash Full Capture Devices shall be inspected by a 3rd party reviewer and/or manufacturer representative for conformance with the details and specifications of the approved plans. All new pervious concrete and porous asphalt pavements should have a minimum surface infiltration rate of 100 in./hr. as described in the SCVURPPP C.3 Handbook. A map displaying the number, location and details of full trash capture devices shall be prepared as an attachment to the Operations and Maintenance (O&M) Agreement with the City.
Stormwater Treatment Facilities. Stormwater treatment facilities must be designed, installed, and maintained to achieve the site design measures throughout their life in accordance to the SCVRUPPP C.3 Stormwater Handbook (Chapter 6 and Appendix C).
Amendments to Operation & Maintenance Agreement. Any site design measures used to reduce the size of stormwater treatment measures shall not be installed for the project without the written approval from the City, installing the corresponding resizing of other stormwater treatment measures and an amendment of the property’s O&M Agreement.
Stormwater Pollution Prevention Messaging. Developer shall install an appropriate stormwater pollution prevention message such as “No Dumping – Flows to Bay” on any storm drains located on private property.
Outdoor Storage Areas. All outdoor equipment and materials storage areas shall be covered and/or bermed, or otherwise designed to limit the potential for runoff to contact pollutants.
PRIOR TO FINAL OF BUILDING PERMIT
As-Built Drawings. As-Built drawing shall be submitted to the Public Works Department. 3rd Party Concurrence Letter. 3rd Party concurrence letter on the C.3 facilities construction shall be submitted to the Public Works Department. The letter shall be prepared by a 3rd party consultant from the SCVURPPP List of Qualified Consultants. The City reserves the right to review the 3rd party inspection report on the C.3 stormwater facility installation.
Final C.3 Inspection. Applicant shall schedule and City shall conduct a final C.3 inspection.
Operation & Maintenance Agreement. The property owner shall enter into an Operation and Maintenance (O&M) Agreement with the City for all installed stormwater treatment measures and full trash capture devices in perpetuity. Applicants should contact Public Works Dept. - Environmental Services at (408) 615-3080 or [email protected] for assistance completing the Agreement. For more information and to download the most recent version of the O&M Agreement, visit the City’s stormwater resources website at http://santaclaraca.gov/stormwater. Inspection of permeable pavement, media filter vaults and full trash capture devices is to be done annually by December 31 of each year.
PUBLIC WORKS DEPARTMENT - transportation
DURING CONSTRUCTION
Encroachment Permit. Traffic improvements must comply with the City of Santa Clara Standard Details and Specifications for Public Works Construction Building Permit. All on-site structures must be clear of Driveway and Corner Visibility Clearance Areas per City Standard Detail TR-9.
STREETS DIVISION
Right of Way Landscape
DESIGN/PERFORMANCE PRIOR TO ISSUANCE OF BUILDING PERMIT Tree Preservations Specifications. Include City of Santa Clara Tree Preservation/City Arborist specifications on all improvement plans.
Mature Trees. Identify existing mature trees to be maintained. Prepare a tree protection plans for review and approval by the City prior to any demolition, grading or other earthwork in the vicinity of existing trees on the site.
Tree Replacement. 2:1 tree replacement ratio required for all trees removed from the right-of-way.
DURING CONSTRUCTION OR OPERATION
No Public Root Cutting. No cutting of any part of public, including roots, shall be done without securing prior approval of the City Arborist. Tree trimming/removal shall be done in accordance to the City of Santa Clara Tree Preservation/City Arborist specifications and with direct supervision of a certified arborist (Certification of International Society of Arboriculture).
PRIOR TO FINAL OF BUILDING PERMIT
In Lieu Fee. If 2:1 replacement ratio cannot be met for removal of right of way landscape trees, tree planting fee must be paid prior to building permit final.
Solid Waste
DESIGN/PERFORMANCE PRIOR TO ISSUANCE OF BUILDING PERMIT Construction Waste Diversion. For projects that involve construction, demolition or renovation of 5,000 square feet or more, the applicant shall comply with City Code Section 8.25.285 and recycle or divert at least sixty five percent (65%) of materials generated for discard by the project during demolition and construction activities. No building, demolition, or site development permit shall be issued unless and until applicant has submitted a construction and demolition debris materials check-off list. Applicant shall create a Waste Management Plan and submit, for approval, a Construction and Demolition Debris Recycling Report through the City’s online tracking tool at http://santaclara.wastetracking.com/.
Authorized Service Haulers. This project is subject to the City’s Accumulation, Transportation and Disposal of Solid Waste Ordinance (Chapter 8.25 of the Municipal Codes), which requires the handling and disposal of waste by authorized service haulers. Insert the General Notes for the Construction & Demolition (C&D) Waste Management into construction plans in accordance with the City’s municipal codes prior to the issuance of a Building or Grading permit. Provide the Green Halo waste online tracking number to Building staff prior to the issuance of a demolition or building permit.
Exclusive Franchise Hauling Area. This property falls within the City’s exclusive franchise hauling area. The applicant is required to use the City’s exclusive franchise hauler and rate structure for any hired debris boxes. Prior to the issuance of a Public Works clearance, the project applicant shall complete and sign the Construction and Demolition (C&D) / Waste Management Rules and Regulations Form.
SILICON VALLEY POWER
GENERAL
Applicant to provide power to the sign from existing Main Switch Board on the parcel. SVP will not provide a separate service for the sign.
Sign is encroaching into the SVP easement, and all overlapping area shall be a minimum of 30 feet high for operation & maintenance of the onsite transformer.
WATER & SEWER DEPARTMENT
DESIGN / PERFORMANCE -- PRIOR TO ISSUANCE OF BUILDING PERMIT Encroachment Permit. Prior to issuance of Building Permits, the applicant shall submit an encroachment permit application and design plans for construction of water utilities that comply with the latest edition of the Water & Sewer Utilities Water Service and Use Rules and Regulations, Water System Notes, and Water Standard Details and Specifications. In addition, prior to the City's issuance of Occupancy, the applicant shall construct all public water utilities per the approved plans. The Water & Sewer Utilities will inspect all public water utility installations and all other improvements encroaching public water utilities.
Utility Design Plans. Utility Design Plans shall indicate the pipe material and the size of existing water, recycled water and sewer main(s). The plans shall show the nearest existing fire hydrant and the two nearest existing water main line gate valves near the project area. The plans shall show meter and backflow configurations to scale and per City of Santa Clara Water & Sewer Utilities Standard Details. Note that all new water meters and backflow prevention devices shall be located behind the sidewalk in a landscape area. Fire hydrants should be located two feet behind monolithic sidewalk if sidewalk is present; two feet behind face of curb if no sidewalk is present, per City Std Detail 18. The plans shall provide the profile section details for utilities crossing water, sewer, or recycled water mains to ensure a 12” minimum vertical clearance is maintained.
Utility Separations. Applicant shall adhere to and provide a note indicating that all horizontal and vertical clearances comply with State and local regulations. The applicant shall maintain a minimum 12” of vertical clearance at water service crossing with other utilities, and all required minimum horizontal clearances from water services: 10' from sanitary sewer utilities, 10’ from recycled water utilities, 8' from storm drain utilities, 5' from fire and other water utilities, 3' from abandoned water services, 5' from gas and electric utilities, and 5’ from the edge of the propose or existing driveway. For sanitary sewer, water, and recycled water utilities, the applicant shall maintain a minimum horizontal clearance of 10' from existing and proposed trees. If applicant installs tree root barriers, clearance from tree reduces to 5' (clearance must be from the edge of tree root barrier to edge of water facilities). No structures (fencing, foundation, biofiltration swales, etc.) allowed over sanitary sewer, potable water and/or recycled water utilities and easements.
Separate Services. Applicant shall submit plans showing proposed water, recycled water, sanitary sewer, and fire services connected to a public main in the public right-of-way to the satisfaction of the Director of Water & Sewer Utilities. Different types of water and recycled water use (domestic, irrigation, fire) shall be served by separate water services, each separately tapped at the water main. Tapping on existing fire service line(s) is prohibited. Approved backflow prevention device(s) are required on all potable water services.
City Standard Meters and Backflows. All proposed meters and backflows for all water services shall meet the current City of Santa Clara Water & Sewer Utilities Standard Details. Plans shall show meter and backflow configurations to scale.
Existing Services. The applicant must indicate the disposition of all existing water and sewer services and mains on the plans. If the existing services will not be used, then the applicant shall properly abandon these services to the main per Water & Sewer Utilities standards and install a new service to accommodate the water needs of the project. The applicant shall bear the cost of any relocation or abandonment of existing Water Department facilities required for project construction to the satisfaction of the Director of Water and Sewer Utilities.
On-Site Storm Drain Treatment. Prior to issuance of Building Permit, the applicant shall submit plans showing any onsite storm water treatment system. The plan shall include a section detail of the treatment system. No water, sewer, or recycled water facilities shall be located within 5-feet of any storm water treatment system.
Water Usage. Prior to the issuance of Building Permits, the applicant shall provide documentation of water usage so the Water Division can verify the appropriate size of all proposed water meters. Please note that if the existing water services are incapable of supplying the water needs to the site, the existing services shall be abandoned, and new separate dedicated water services shall be provided for each use (domestic and irrigation).
Landscaping. All the landscaping for the project shall comply with the California Water Conservation in Landscaping Act, Government Code Section 65591 et. seq. All plants shall be either California native or non-invasive, low water-using or moderate water-using plants. High water-using plants and nonfunctional turf are prohibited.
Water Features. Prior to issuance of Building Permits, the applicant shall submit plan details for all water features (including but not limited to fountains and ponds) designed to include provisions for operating the system without City potable water supply and capable of being physically disconnected from source of potable water supply during City declared water conservation periods, to the satisfaction of the Director of the Water & Sewer Utilities. Decorative water features may be permanently connected to the City’s recycled water supply.
Easements. Prior to City’s issuance of Building or Grading Permits, the applicant shall provide a dedicated water utility easement around the backflow prevention device onsite. The water utility easement for the water services and all other public water appurtenances shall be a minimum 15 feet wide and be adjacent to the public right-of-way without overlapping any public utility easement. Additionally, the applicant shall submit plans defining existing easements so Water Division can verify if there are any conflicts with proposed easements and water utilities.
Underground Fire Permit. Prior to issuance of Building Permits, applicant shall submit an underground fire permit unless otherwise waived by the Fire Department. If fire flow information is needed, applicant shall coordinate with Water and Sewer Utilities Department, for fire flow information at (408)615-2000. A dedicated fire service line, with an approved backflow prevention device, shall be used for on-site fire hydrants. Fire service lines required for commercial and industrial use shall be sized appropriately per fire flow demand and code requirements.
DURING CONSTRUCTION
City Standard Meters and Backflow Installation. No meters or backflows shall be installed prior to establishment of water service account with the Municipal Services Division of the Finance Department. The applicant shall provide a copy of the account information to the Water and Sewer Utilities Department Inspector and Meter Shop prior to installation of any meter or backflow. All meters and backflows approved for installation shall be tested prior to use. Water service connections shall not be used prior to authorization by the Water and Sewer Utilities inspector.
Construction Water. This project shall use recycled water for all construction water needs for onsite and offsite construction.
Water Shortage Response Actions. Pursuant to the City of Santa Clara’s Urban Water Management Plan, during times of drought or water shortage, the City implements water shortage response actions in accordance with the level of water shortage declared. All construction activities and all new irrigation connections are subject to the Water Shortage Response Actions in effect at the time of construction and connection of the irrigation service.
Water Shortage Response Actions for Stage 2 and higher include water use restrictions that limit the use of potable water such as:
prohibiting the installation of new potable water irrigation services. new irrigation connections, construction, and dust control. restrict the use of potable water used for construction and dust control if recycled water is available.
This project is subject to all the requirements and restrictions of the Water Shortage Response Actions in place or adopted during the duration of the project. For more information, visit the City of Santa Clara Water & Sewer Utilities website at www.santaclaraca.gov/waterconservation.
PRIOR TO FINAL OF BUILDING PERMIT
Record Drawings. Upon completion of construction and prior to the City’s issuance of a Certificate of Occupancy, the applicant shall provide "as-built" drawings of the public water utility infrastructure prepared by a registered civil engineer to the satisfaction of the Director of Water & Sewer Utilities Department.
Conditional Releases. The applicant shall comply with all the requirements of any building permit conditional release requirements.
KEY:
G = General
P = Planning Division
BD = Building Division
F = Fire Department
E = Engineering – Public Works Department
ST = Stormwater – Public Works Department
TR = Transportation – Public Works Department
L = Landscape – Streets Division
SW = Solid Waste – Streets Division
SVP = Silicon Valley Power
W = Water and Sewer Department
ACKNOWLEDGEMENT AND ACCEPTANCE OF CONDITIONS OF APPROVAL Permittee/Property Owner
The undersigned agrees to each condition of approval and acknowledges and hereby agrees to use the project property on the terms and conditions set forth in this permit.
Signature: _________________________________________________ Printed Name: _________________________________________________ Relationship to Property: _________________________________________________ Date: _________________________________________________ Pursuant to Santa Clara City Code 18.128.100, the applicant shall return this document to the Department, properly signed and dated, within 30-days following the date of the Acknowledgement.
Meeting Date: August 13, 2025 Page 1
Meeting Date: August 13, 2025 Page 1
Conditions of Approval PLN24-00424 / 1700 Duane Avenue