IN WITNESS WHEREOF, said grantors have hereunto set their hands this ___ day of -------' 20_
APPROVED FOR FORM:
Office of the City Attorney
City of Santa Clara
By:-----------------
Print Name: ----------------
Title: -------------------
By:-------------
Print Name: ----------------
Title: -------------------
''OWNER'' APN 224-36-039 (2024-10)
ALL LEGAL OWNERS O.F PROPERTY MUST EXECUTE THIS DOCUMENT. IF GRANTOR IS A CORPORATION, THE
COMPLETE LEGAL NAME AND CORPORATE SEAL OF THE CORPORATION AND CORPORATE TJTLES OF THE PERSONS SIGNING FOR THE CORPORATION SHALL APPEAR ABOVE. WRITTEN EVIDENCE OF AUTHORITY OF PERSON OR PERSONS EXECUTING TJllS DOCUMENT ON BEHALF OF CORPORATION, PARTNERSHIP, OR JOINT VENTURE, OR ANY 011-IER ORGANIZATION OTHER THAN A SOLE PROPRU:lTORSHIP SHALL BE A TT AC! JED.
ATTACH THE ALL-PURPOSE NOTARY ACKNOWLEDGMENT FORM FOR THE PERSON OR PERSONS EXECUTING THIS DOCUMENT ON BEHALF OF THE GRANTOR.
224-36-039
DESCRIPTION:
EXHIBIT 11A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
STORAGE EQUITIES, INC.
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 95054
APN: 224-36-039
EASEMENT AREA: 7,000 SQ.FT.±
SVP REF: SC 1 X-1 XX
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The westerly 25. 00 feet of the parcel of land conveyed in that certain Grant Deed recorded December 31 , 1986 as Document No. 9092674, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located along the centerline of Bassett Street; thence South 1 °06'00" West 1,005.27 feet along the centerline of said Bassett Street (as shown on Page 2 of this Exhibit) to a monument located along the centerline of said Bassett Street; thence continuing South 1 °06'00" West 206.65 feet along said centerline; thence South 88°54'00" East 33.00 feet to the northwesterly corner of said Grantor's Parcel and easterly right-of-way of Duane Avenue and the POINT OF BEGINNING; thence South 75°10'12" East 25.74 feet along the northerly line of said Grantor's Parcel; thence South 1 °061 00" West 286.93 feet to said easterly
right-of-way of Duane Avenue and the beginning of a non-tangent curve concave northeasterly having a radius of 54.00 feet; thence northwesterly 40.18 feet along said curved right-of-way through a central angle of 42°37'54"; thence North 1 °061
00" East 262. 77 feet al~ng said easterly right-of-way to the POINT OF BEGINNING. V'
CONTAINING: 7,000 sq. ft., more or I~ /\)~
§'~;(;~
y8;4;
~%~4;
/~~%
C)~
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THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED, THE EXACT LOCATION OF All STRUCTURES,
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED REV: 0 DATE: 10-7-24
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toN,~llANH IN,
SALT LAKE CITY, UTAH
SCALE:
STORAGE EQUITIES, INC.
APN: 224-36-039
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 95054
SILICON
VALLEY
POWER.! CITY OF SANTA Ct.ARA
SHEET: 1 of2
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EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
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STORAGE EQUITIES, INC.
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 95054
APN: 224-36-039
EASEMENT AREA: 7,000 SQ.FT.±
S 88°54100" E 33.00' (TIE)
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S 75°10'12" E 25.74'
SVP REF: SC 1X-1XX
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PROJECT I.D. 20
STORAGE EQUITIES, INC.
APN: 224•36•039
L=40.18', R=54.00'
L).=42°37'54"
LEGEND
tzZ/7277_//I EASEMENT AREA
--ROADWAY PLATTED CENTERLINE
~- POWERLINE REFERENCE LINE
,:::p,- FOUND SURVEY MONUMENT
THIS DRAIIVING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES, LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREll>l GRANTELl REV: 0 DATE: 10-7-24
Tn•lr>-1ng ,,;111 Ol•llllc/lo,, •
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(ON~UllANH INt
SALT LAKE ClTY, UTAH
SCALE: 1" " 80'
STORAGE EQUITIES, INC.
APN: 224-36-039
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 95054
BY: GAB CHK: GHH APP: JJC
SILICON
VALLEY
POWER. ;
CITY OF SAl<TA CLARA
SHEET: 2 of 2
Val bridge
PROPERTY ADVISORS
Appendix A
October 8, 2024
City of Santa Clara
Overhead Electric Easement
Appraisal Summary Statement And
Summary of the Basis for Just Compensation
(Pursuant to Government Code Section 7267.2)
3160 Crow Canyon Place, Suite 245
San Ramon, CA 94583
925.327 .1660 phone
408-279-3428 fax
val bridge.com
The following is a statement of and summary of the basis for the appraisal and the amount that Silicon Valley Power has established as just compensation required by California Government Code Section 72 6 7. 2. The a pp ra i sa I on which this summary is based was made in accord a nee with accepted a pp ra isa I principles, consistent with California valuation law.
The purpose of this a pp ra i sa I is to estimate the fair market va I u e of the pro posed acquisition appraised.
Section 1263.320 of the Code of Civi I Procedure defines fair market value as:
A. The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.
B. The fair market value of property taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
The date of value August 8, 2024, which was the date of inspection.
The intended use of this appraisa I is for potential acquisition of easement access rights, which is called the Overhead Electric Easement. The intended user is Silicon Valley Power. © 2024 VALBRIDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA Page 1 Val bridge SILICON VALLEY POWER EASEMENT
SUMMARY BASIS OF APPRAISAL
PROPERTY ADVISORS
The scope of work included inspecting the property, research and analysis of comparable data, and highest and best use analysis.
The appraised rights are further identified as follows:
1) The fair market value of a 7,000-square-foot permanent easement.
Statement of the Amount Established as Just Compensation The amount Silicon Valley Power has established as just compensation for the property rights described in the accompanying offer is: $175,000 (One Hundred Seventy-Five Thousand Dollars}.
Summary of Basis for the Amount Established as Just Compensation This Summary of the Basis for the Amount Established as Just Compensation (prepared pursuant to Government Code Section 7267.2) is a summary of the appraisal used by Silicon Valley Power to determine the amount it established as just compensation for an easement. (A) Property Identification - Subject Property
Owner of Record: Storage Equities Inc.
Assessor's Parcel Numbers (APNs): Santa Clara County Assessor's Parcel Number (APN) 224-36-039
Property Address: 881 Duane Avenue, Santa Clara, Santa Clara County, California 95054
Property Transfers in the Past There have been no other transfers within three years.
Three Years:
General Character of Easement
Interest Being Appraised:
Larger Pa reel Land Size: 117,612 square feet
Improvements: There is an existing self-storage building on the property.
Topography: Level
Shape: Irregular
© 2024 VALBRIDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA Page 2 Val bridge
PROPERTY ADVISORS
Access:
Utilities:
Environmental Conditions:
Date of Valuation:
Highest and Best Use
Highest and Best Use -
As If Vacant:
Highest and Best Use -
As Improved:
Present Use
Subject Property:
Applicable Zoning:
SILICON VALLEY POWER EASEMENT
SUMMARY BASIS OF APPRAISAL
Access to the Larger Parcel is available off of Duane
Avenue.
Typical municipal and public utilities are available.
We did not receive a Phase I report for the Subject
Property, and we assume there are no adverse
envi ronm enta I conditions.
August 8, 2024
The most probable use of a property which is physically possible, appropriately justified, legally permissible, financially feasible, and which results in the highest value of the property being valued.
Industrial development.
Existing use.
The Larger Parcel is currently used as a self-storage
property.
MH (also known as HI) - Heavy Industrial
(B} Approaches Used in the Appraisal
We employed the "before" and "after" methodology for the Larger Parcel. In the "before" condition, we have not considered the Project.
In the "after" condition, we have considered the impacts attributed to the proposed easement and the Project.
Three methods of valuation can be applied to the appraisal of land. The most often used approach is the Direct Sales Comparison Approach. This method involves the comparison of the subject with recent sales of comparable properties.
A second method of land appraisal is the Land Development Approach. This approach involves estimating the development costs of installing all utilities and off-sites. These costs can be subtracted from a known improved lot value (established by sales comparison) to arrive at an estimate of raw land value or added to the known raw land value to arrive at the value of an improved site. © 2024 VALBRIDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA Page 3 Val bridge SILICON VALLEY POWER EASEMENT
SUMMARY BASIS OF APPRAISAL
PROPERTY ADVISORS
The third method employed is an Income Residual Method. An estimate is made of the potential net income, which can be earned from the site improved with buildings. The cost of these improvements is estimated to determine the portion of the income needed to supply a fair return on these costs. The residual income is available for a return on the land. Therefore, this income is capitalized into an indicated land value.
For purposes of this appraisal, the Sales Comparison Approach has been employed. Sufficient sales data was available that it was felt this method yielded a reliable result. This is the method that would most often be applied by a typical buyer of this type of property. The comparable sales are provided in Exhibit A.
Sales Comparison Approach
The sales comparison approach is used to derive a value indication by comparing the property being appraised to similar properties that have sold recently, applying appropriate units of comparison, and making adjustments to the comparables based on the elements of comparison.
Based on our analysis of sale comparables provided in Exhibit A, we estimate the land value of the Larger Parcel to be $11,761,200 (land only). This is based on a price per square foot of land of $100 x 117,612 square feet.
(C) Value of Part Taken
We have valued the part taken next. This consists of the value of the permanent easement.
Permanent Easement
In the "after" condition, the highest and best use of the Larger Parcel remains for continuation of the existing use.
For this valuation, the rationale for estimating the easement value can be shown as an equation:
Fee simple land value x % of fee rights being acquired == easement value Based on our experience, an easement that is solely for subsurface utilities, as one example, may command a 10-35% share of the fee rights. As another example, exclusive control of surface rights may capture 90-100% of the fee simple value.
The subject is a perpetual easement. The granter has significant remaining rights at the surface, landscaping, parking and signage for example. We estimate that the easement encumbers 25% of the total bundle of rights.
Therefore, the fair market value for the permanent easement is estimated at $175,000. or 7,000 square feet X $100 X 25%.
(D) Severance Damages/Benefits Analysis
Severance damages and benefits involve measuring the effect that the "acquisition" and "Project" have on the value of the property remaining, i.e., on the "rem a ind er." The acquisition is not expected to result in any severance damages to the remainder. © 2024 VALBRIDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA Page4 Val bridge
PROPERTY ADVISORS
SILICON VALLEY POWER EASEMENT
SUMMARY BASIS OF APPRAISAL
The highest and best use of the Larger Parcel upon partial acquisition is unchanged, relative to the "before" condition. We have not identified any damages from the Project.
Benefits result when the value of the remainder increases because of either the Project or the acquisition. Any resulting benefits are offset only against severance damages and not against acquisition value.
Each case for benefits is unique. In the case of the subject, we e nv is ion th at the electric uti I ity u pg ra des would be superior relative to the existing conditions. Since we have not identified any severance damages, we have not quantified any potential benefits. (E) Conclusion of Just Compensation and Value in the "After" Condition The market value of the acquisition is shown on the following page. © 2024 VALBRIDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA Page 5 Val bridge SILICON VALLEY POWER EASEMENT
SUMMARY BASIS OF APPRAISAL
PROPERTY ADVISORS
Summary of Valuation
A Land Value of the whole before acquisition:
B. Value of the part acquired as part of the whole:
Permanent Easement ($100 x 7,000 SF x 25%)
Site Improvements (e.g. trees)
C. Value of the remainder as part of the whole: (Line A less Line B) $175,000
$0
D. Value of the remainder after the acquisition and before consideration of benefits (Line C - Line E)
E. Severance Damages/Cost to Cure
F. Value of the remainder after the acquisition and after considering benefits G. Benefits (Line F less Line D)
H. Net Damages or Net Benefits (Line E minus Une G)
Plus: TCE:
Total
I. Market Value of the Acquisition (Just Compensation) (Line B plus Line H) Subtotal
Rounded
$11,761,200
$175,000
$11,586,200
$11,586,200
$0
$11,586,200
0 $0
lQ
$0
$175,000
$0
$175,000
$175.000
The resulting land value of the remainder in the "after" condition is $11,586,200, or $11,761,200 - $175,000.
© 2024 VALBRIDGE PROPERTY ADVISORS I NORTHERN CALll-'ORNIA Page 6 Val bridge
PROPERTY ADVISORS
SILICON VALLEY POWER EASEMENT
SUMMARY BASIS OF APPRAISAL
The fair market va I u e for the acquisition is, $175,000, as summarized be I ow:
Value Conclusions: 88 1 Duane
Net Severance
Permanent Easement Site Improvements Damages Tot<1I Fair Market Value Value Type Fair Market Va I ue Fair Market Value Fair Market Value Fair Market Value Property Rights Appraised Permanent Easement Acquisition Date of Value August 8, 2024 August 8, 2024 August 8, 2024 8/8/20024 Fair Market Value $175,000 $0 $0 Total: $175,000
{rounded)
The previous is a summary of the appraisal prepared at the request of Silicon Valley Power to comply with Government Code Section 7267.2 that fairly and correctly states my opinions and knowledge.
Dated: October 8, 2024
r1~
Josh Fronen, MAI
Managing Director
California Certified License #AG028548
License Expires 12-18-2025
© 2024 VAi.BRiDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA Page 7 Val bridge
PROPERTY ADVISORS
Addenda
Exhibit A: Land Sales
Exhibit B: Easement Area
Office Locations
© 2024 VAL8RIDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA
SILICON VALLEY POWER EASEMENT
ADDENDA
Page8
Val bridge
PROPERTY ADVISORS
Exhibit A: Land Sales
Comparable Sales Summary
Comp Pnct" per SF
SILICON VALLEY POWER EASEMENT
ADDENDA
No. Ad'dre~~ COE. date L-iltlCI SF Safo Pnc<" of land Granto,/ Gr,mtee- and Rc-cordinq U 550 Ea st Brokaw Ro ad Feb-24 861,617 $ 80,000,000 $92.SS Cara cot Property Owner LLC San Jose Super Micro Computer Inc.
Rccotding # 255966B6
2 1045 Commercial Court Jan-23 108,028 $ 6,500,000 $60.17 Anderson Graves LLC San Jose 1045 Commerciol Court LLC
Re co rd ing #25431855
3 960 Centr a I Expressway Mar-23 1,788,138 $ 237,761,000 $132.97 Owens Corning Insulating Systems LLC Santa Cl3ra Amazon Com Services LLC
Recording #25445147
3 868 Parker S1reet Jul-24 39,048 $ 4,900,000 $125.49 ABC Manufacturing Co.
Santa Clara 840 Parker Street LLC
Re rn rd ing #25 661169
© 2024 VALBRIDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA Page9 Val bridge
PROPERTY ADVISORS
Exhibit B: Easement Area
Permanent Easement
FiiET
I
Ill
EXHIBIT "A"
SILICON VALLEY POWER EASEMENT
ADDENDA
SVP REF: SC 1X-1.XX
OVERHEAD ELECTRIC EASEMENT ACROSS:
STORAGE EQUITIES, INC.
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 90050
APN: 224-36-039
EASEMENT AREA: 7,000 SQ.FT.±
LEGEND
V~/2721 EASEMEITT AREA
--- --ROADWAY PlATTEO CEN1ERUNE
1---P ---POWERLINE REFERENCE LINE
- • • ~ EXISTING EASEMENTLINE
-....._ - - BUILOING SETBACK LINE
,::p,- FOUND SURVEY MONUMENT
lHII DAAWIIICI a-!OULD 11E U6c0 Of.\.V 1,SA"""""-HHTIITDI OF "!HE L.00/ITIOH Ol'THEE,\SBIENT IEINO COl,',n&D. "IHE EXMT LOCATION OF AU. ITR\JClU<E.9, I.Nll:111',1101',A"llllTlHWtCI!! ■ B<Je.EC:TTO CllWIQE\rmltlN ntili~llil O,"!Ml RIGHl'OF WAY IEliEIN QRIWlEO SCALE: I" = &I'
~t'U Tl I (Al STORAGE EQUITIES, INC.
APN: 224-36-039
COIUllUTl lit 881 DUANE AVE.
SALT I.AM[ Cln', UTAH SANTA CLARA, CALIFORNIA 95050
© 2024 VALBRIDGE PROPERTY ADVISORS I NORTHERN CALIFORNIA SY:AGD CHK: GHH APP, JJC
S1t.1CON VALLtY
Pov,rrn. t fTT Of S,_N, ~ CL'if1,._
• Valbrldge Is North America's largest Independent commercial appraisal firm . • Vnlbrldge provides custom nppralsnl reports In Ulf! U.S., Cnnada, nnd Puorto Rico. • Valbrldge spe<:lallzes In appraising all types of real property. • Valbndge provldes Independent valuation serv1ces. We are NOT owned by a brokerage firm or Investment company.
• Every Valbrldge office Is overseen by a Senior Managing Director who holds the MAI designation of the Appraisal lnstJtute.
• Valbrtdge Is owned by local offices.
• Vnlbrtdgc welcom<~ s1ngle~property asslonments as well ns ~lOrtfollo, multHnnr1<et, and othet bulk-properly engagements.
A1ABAMA
26241 Equity Dr., Ste. 101
Daphne. Ai 36526
{251) 929-9090
4245 8al1T10tal Dr. SW, Unit #201
Huntsville, AL 35801
(256) 210-1555
4732 Woodmere Blvd.
Monlgom-01y1 AL 36106
{334)277-50-n
u
3160 Crow Qir1yon Pl.
San Ramon., CA 94593
(~26) 327~1660
825 Colorado Blvd,, StQ. 201
Los Angeles, CA 90041
(626) 486-93.27
178221JU1 St, Ste. 211
iusun. CA 92780
{714) 449-0852
775 Sum1$e Ave., Ste. 26()'
Rosevtlfe-, CA 95661
~16) 361-2509
1530 Tho9 Alamgda, Ste. 100
San Jose, CA 95126
(408) 27~1520
COlORAOO
5345 Ardpa:hoo AV@,, St-9, 6
Boulder, CO 80303
(303) 867~1935
R..ORIDA
301 Almeria Ave., Ste. 350
Coral Gablos, i:t 33134
(a0!5) 639.-8029
3780 Burns Rd., ste. 4
Palm Beach Gardens, FL 33410
(561) 833°5331
3033 f;!lvl(,"lr.fll Dt;, SLG. 1.06
Naples, FL 34103
(:;?39) 514-4646
~
3910 s. Yeflowstone I-fwy., S'1e. B5
ktc.1ho Falls, ID 83402
(208) 534-5505
1875 N. lakewood Or.., ste. 100,
C.-0-eur d'Afene, ID 83814
(208) 292~2965
IWh.OtS
566 W. lake st,,~. 240
Ch~go. IL 60661
(312) 429-0132
6801 LakQ Plaza Dr., stB. C-301
lndlanapons, IN 46220
(317) 687-2747
10900 QuMra Rd., Slo, 100
Overland Perk, KS 66210
(913) 451-1451
l<.
1890 Star Shoot Pkwy.
lsxlngton, KY 40509
(502) 585-3651
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Phooo-: (239) 325-8234 1 Ftt:a:: (239) 325"'83&6
Each Valbridge ollicc is illdefJf-'Vldenliy owned and apemled.
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(502) 585-3651
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moo Dov~d<1le et.
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(443) 3:33-5525
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26,0 Bear HIii Rd., Ste. 'I06
Waltham, MA 02451
(781) 790-5645
~
1420 Woshtngton Ellvd.
D~trort, Ml 48=226
(313) 986-3319
2127 UllllY'flt'Slly P.atk Dr,
Okiamos, Ml 48864
(517) 336-0001
ll
1515 Central Pkwy .. Ste. 120
Eaga111. MN 65121
(651) 370-1476
Ml
1010 Ford st
Gulfport, MS 39507
(228) 604-1900
224 Avalon Clr.
Brnnc:too, MS 39047
(001) 85:.':t-0736
S01i Highway 12 W., Ste, 150-M
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(662) 617-2l50
valbrldge.com
mv. 082624
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(314) 255--1323
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1S75 1Delutchl Ln .• Ste, 209
Fi!eno, NV 89502
f775} J04-410()
SOUTH """'KVIJRR
1250 Falrrnont Av~.
Mt Pleas.ant, SC 29464
(843) 884-1266
11 Cleveland Ct
Greenv!Ue, SC 29607
(864) 233-6277
920 Bay St, Ste. :2G
BGaufort, SC 2f.l902
(843) 884-1266
527 E. Pioneer Rd., Ste. 240
Draper, UT 84020
(801} 262-3388
20 North Mein st
St. GQorge, UT 84770
(435) 773~6300
321 N. County Blvd .. Sle. D
Atnetk:an F'ork, Ur 84003
(801) 492-0000
3500 Ringgold Rd,, St,e, 3
7301 lndliin School ~d. Nlz, Ste-. A Chauanooga, TN 37412 656 lndependenee Pkwy,, Ste. 220
Chesapeake, VA 23320
AtbllqUGfqUG, NM 87110 (423) 206-2611 (757} 410-1222
(505} 884-4721
5950 Fairview Rd., Ste. 405
Charlolig, NC 28-210
(704) 376-5400
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118 Bro~dway N., Ste. 509
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(701) 289-1$76
829B Clough Pike, SW. 1
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(51:~) 785,0820
6666 S. Sheridan Rd., ste. 104
Tulsa, OK 74133
(918) 71:2-9992
3121 Quafl Springs Pkwy .. Ste. 150
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(405) 603-1553
l'
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(215) 545-1900
4701 Bap1tst R<J., st~. 304
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(412) 881•6080
213 Fox.Rd.
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(865) 522~2424
756 Ridge Lako Blvd,, StG. 225
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(901] 75:3-6977
5205 Mery!aflci Way, ste. 202
Bre11lWOod, TN 37027
(615} 369-0670
1231 Alverser Dr.
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(757) S4S.00to
S107 Center St., 5tG. 29
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{757} 345-0010
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(509) 221-1540
901 Mopac Expy. 5., 131dg.1, ste. 300 324 N. Mull.an Rd.
Al1Stln, TX 7874G Spokane Verley, WA 99206
{7~-7) 242•8585 (509~ 747-0999
10210 Notch CGntrnl !;xpy,, Stg, 115
Dollas:, TX 75231
(214) 446-1611
9-74 Campbell Rd., Sle. 204
Housto11, lX 71024
(713} 467-5858
2731 81st st.
Lubboc:k, TX79423
(806) 744~1188
~901 ll·M-O Woott Ste, 1036
Son Antonia, TX 78230
(210) 227-6:229
12G60 W. North Ave.
Elrookfiekl, WI 53005
(262) 782T7990
Ii It fm I@]
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Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 1 of 6 Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
INTERESTS FOR A PUBLIC PROJECT AND DIRECTING THE
FILING OF EMINENT DOMAIN PROCEEDINGS
WHEREAS, the City of Santa Clara (hereinafter the “City”), a chartered city and municipal corporation acting by and through its municipally owned utility, Silicon Valley Power (hereinafter “SVP”), is engaged in a continuing effort to upgrade and enhance its overhead and underground distribution and transmission systems to meet new customer demand and to maintain the reliability of SVP’s electric system. The upgrades and enhancements require a new 115-kilovolt (kV) transmission line connecting the Northern Receiving Station (NRS) and the Kifer Receiving Station (KRS) (the “Project);
WHEREAS, the Project will enable SVP to transfer additional power, balance electric loads across the City’s three receiving stations, and enhance overall system reliability; WHEREAS, the Project will involve the construction, installation, placement, operation, and maintenance of transmission and distribution electric facilities and result in either the expansion of existing easements or the acquisition of new easements; WHEREAS, it is desirable and necessary for the City to acquire the real property interests necessary for the Project located at 881 Duane Avenue, Santa Clara, CA 95054 (the “Subject Property Interests”), as more fully described and depicted in Exhibit A and Exhibit B; WHEREAS, the City is vested with the power of eminent domain to acquire real property interests by virtue of Section 19 of Article I of the California Constitution, California Government Code section 37350.5, California Public Utilities Code section 612, and California Code of Civil Procedure sections 1240.010 and 1240.220;
WHEREAS, the City conducted an appraisal of the Subject Property Interests and, pursuant to the provisions of Section 7267.2 of the California Government Code, the City has made an offer to the owner of record (the “Owner of Record”) to acquire the Subject Property Interests for the Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 2 of 6 Rev: 7/27/2023
amount which it has established to be just compensation; WHEREAS, the City determined the Owner of Record based on the name and address appearing on the last equalized county assessment roll notice in connection with the Subject Property Interests;
WHEREAS, the Owner of Record has not accepted the City’s offer; WHEREAS, pursuant to the provisions of the California Code of Civil Procedure Section 1245.235, the City provided notice to the Owner of Record of 881 Duane Avenue, Santa Clara, CA 95054 that the City Council intends to adopt a resolution of necessity and the right of the Owner of Record to appear before the City Council and heard; and WHEREAS, on November 12, 2024, by Resolution No. 24-9386, the City Council certified the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Project in accordance with California Environmental Quality Act (CEQA), and the actions proposed herein require no further environmental review is necessary pursuant to CEQA.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the above Recitals are true and correct and by this reference made a part hereof.
2. That the Report to Council accompanying this resolution is true and correct and by this reference made a part hereof.
3. That the Recitals and the Report to Council support the City Council’s findings below:
A. The public interest and necessity require the Project.
B. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
C. The Subject Property Interests sought to be acquired are necessary for the Project.
D. All environmental review required by law has been prepared and adopted.
E. The offer required by Section 7267.2 of the California Government Code has Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 3 of 6 Rev: 7/27/2023
been made to the Owner(s) of Record of the Subject Property Interests.
F. The necessary notice of hearing has been given, as required by Code of Civil Procedure section 1245.235.
4. That the City Attorney or his duly authorized designee is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such actions as he may deem advisable or necessary in connection therewith.
5. That the City may deposit with the State Treasury the probable amount of compensation and obtain an order for prejudgment possession of the Subject Property Interests.
6. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 20__, 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. Exhibit A – Subject Property Interests Overhead Electric Utility Easement
2. Exhibit B – Exhibit A Description
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 4 of 6 Rev: 7/27/2023
DESCRIPTION:
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
STORAGE EQUITIES, INC.
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 95054
APN: 224-36-039
EASEMENT AREA: 7,000 SQ.FT. ±
SVP REF:
The westerly 25.00 feet of the parcel of land conveyed in that certain Grant Deed recorded December 31, 1986 as Document No. 909267 4, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located along the centerline of Bassett Street; thence South 1 °06'00" West 1,005.27 feet along the centerline of said Bassett Street (as shown on Page 2 of this Exhibit) to a monument located along the centerline of said Bassett Street; thence continuing South 1 °06'00" West 206.65 feet along said centerline; thence South 88°54'00" East 33.00 feet to the northwesterly corner of said Grantor's Parcel and easterly right-of-way of Duane Avenue and the POINT OF BEGINNING; thence South 75°10'12" East 25.74 feet along the northerly line of said Grantor's Parcel; thence South 1 °06'00" West 286.93 feet to said easterly right-of-way of Duane Avenue and the beginning of a non-tangent curve concave northeasterly having a radius of 54.00 feet; thence northwesterly 40.1 8 feet along said curved right-of-way through a central angle of 42°37'54"; thence North 1 °06'00" East 262.77 feet along said easterly right-of-way to the POINT OF BEGINNING.
CONTAINING: 7,000 sq. ft., more or less.
/, THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING S:ONVEYEQ. THE EXACT LOCATION OF ALL STRUCTURES, LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY ERE1N GRANTED REV: 0 DATE: 2-7-25 SCALE: N/A BY:GAB CHK: GHH APP: JJC ~llfltllm.~·
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STORAGE EQUITIES, INC.
APN: 224-36-039
881 DUANE AVE. SALT LAKE CITY, UTAH SANTA CLARA, CALIFORNIA 95054
SILI CON V ALLEY
POWER. CITY OF SANTA CLARA
SHEET: 1 of 2
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 5 of 6 Rev: 7/27/2023
EXHIBIT "A" SVP REF:
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SANTA CLARA, CALIFORNIA 950541
APN: 224-36-039 I
EASEMENT AREA: 7,000 SQ.FT.±
S 75°10'12" E 25.74'
PROJECT I.D. 20
STORAGE EQUITIES, INC.
APN: 224-36-039
L=40.18', R=54.00'
t.=42°37'54"
tZVZZVZd EASEMENT AREA
-
- _ -_ -_ -- - - =====ROADWAY PLATTED CENTERLINE _i_ POWERLINE REFERENCE LINE ,;:p,- FOUND SURVEY MONUMENT
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED. THE EXACT LOCATION OF ALL STRUCTURES,
LINES ANO APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED ....
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SALT LAKE CITY, UTAH
SCALE: 1" = 80' BY: GAB CHK: GHH APP: JJC
STORAGE EQUITIES, INC.
APN: 224-36-039
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 95054
SILI CON V ALLEY
POWER. CITY OF SANTA CLARA
SHEET: 2 of 2
Resolution/Determining Public Interest and Necessity to Acquire Certain Real Property Interests Page 6 of 6 Rev: 7/27/2023
EXHIBIT B
Exhibit A Description
[i] a 7,000 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
S1uco
VALLEY
POWER. CITY OF SANTA CLARA
~ The Center of What's Possible
October 20, 2025
Storage Equities, Inc.
P.O. Box 25025
Glendale, CA, 91221
Re: NRS-KRS 11 SkV Transmission Line Project
Property Address: 881 Duane Avenue, Santa Clara, CA 95054 APN: 224-36-039
Dear Sir/Madam:
As you know, the City of Santa Clara ("City") has approved plans to construct its new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project ("Project"). In order to construct the Project, the City requires an overhead electric easement from you at the property located at 881 Duane Avenue, Santa Clara, CA 95054 ("Property").
We have not come to an agreement for a voluntary sale of these easement rights; therefore, the City Council will hold a hearing and consider adopting a Resolution of Necessity. If adopted, the Resolution of Necessity functions as a declaration that public use and necessity requires the acquisition of an overhead electric easement on the Property for the Project. To that end, please find enclosed a Notice of Intention to Adopt Resolution of Necessity, stating that the hearing before the City Council is scheduled for November 18, 2025. If you wish to appear at the hearing and address the City Council, please complete the enclosed Request to be Heard and return it to the City Clerk in advance of the hearing.
Sincerely,
Nico Procos
Director of Silicon Valley Power
1500 Warburton Avenue Santa Clara, CA 95050 • 408-615-6600 ·Fax 408-249-0217• www.siliconvalleypower.com
CITY OF SANTA CLARA NOTICE OF INTENTION
TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE
REAL PROPERTY INTEREST FOR NRS-KRS 115KV TRANSMISSION LINE
PROJECT
YOU ARE HEREBY NOTIFIED, pursuant to Section 1245.235 of the California Code of Civil Procedure, that the City of Santa Clara intends to consider adoption of a Resolution of Necessity to Condemn Interest in Real Property for a new 115 kilovolt (kV) overhead transmission line from the Northern Receiving Station (NRS) to Kifer Receiving Station (KRS) Project (Project). The interest to be acquired is an Overhead Electric Easement as described and depicted in Exhibit A and Exhibit B.
NOTICE IS FURTHER GIVEN, that on November 18, 2025 at 7:00 p.m. or as soon thereafter as the matter can be heard, at the City Council Chambers, City Hall, 1500 Warburton Ave. Santa Clara, California, the City Council will hear all protests in relation to the adoption of the proposed Resolution of Necessity authorizing the filing of eminent domain proceedings for the acquisition of the Overhead Electric Easement as described above.
At said hearing, the City Council may establish the following:
1. The public interest and necessity require the Project.
2. The Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the Project.
4. The environmental review required by law has been prepared and adopted.
5. The offer required by Section 7267.2 of the Government Code has been made to the owner( s) of record for the full amount established as the fair market value of the property.
YOU ARE HEREBY NOTIFIED that you may appear at the hearing and be heard on Items 1, 2, 3, 4, and 5 above only. If you wish to appear and be heard on these matters, please submit a written request within fifteen days of the date of mailing of this notice. Please direct any such requests to:
City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
The enclosed "Request to be Heard" form may be used which is attached hereto as Exhibit C. Failure to file a written request to appear and be heard within fifteen days SCLA-56598\2334874.1
after the mailing of this Notice may result in a waiver of your right to be heard. (California Code of Civil Procedure Section 1245.235(b)(3).) Sincerely,
Nico Procos
Director of Silicon Valley Power
SCLA-56598\2334874. l
DESCRIPTION:
EXHIBIT A
EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACROSS:
STORAGE EQUITIES, INC.
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 95054
APN: 224-36-039
EASEMENT AREA: 7,000 SQ.FT. ±
SVP REF:
The westerly 25.00 feet of the parcel of land conveyed in that certain Grant Deed recorded December 31, 1986 as Document No. 9092674, in the Office of the Recorder of Santa Clara County (ORSCC), herein after referred to as the Grantor's Parcel, located in the City of Santa Clara, County of Santa Clara, State of California, described as follows:
COMMENCING at a monument located along the centerline of Bassett Street; thence South 1 °06'00" West 1,005.27 feet along the centerline of said Bassett Street (as shown on Page 2 of this Exhibit) to a monument located along the centerline of said Bassett Street; thence continuing South 1 °06'00" West 206.65 feet along said centerline; thence South 88°54'00" East 33.00 feet to the northwesterly comer of said Grantor's Parcel and easterly right-of-way of Duane Avenue and the POINT OF BEGINNING; thence South 75°10'12" East 25.74 feet along the northerly line of said Grantor's Parcel; thence South 1°06'00" West 286.93 feet to said easterly right-of-way of Duane Avenue and the beginning of a non-tangent curve concave northeasterly having a radius of 54.00 feet; thence northwesterly 40.18 feet along said curved right-of-way through a central angle of 42°37'54"; thence North 1°06'00" East 262.77 feet along said easterly right-of-way to the POINT OF BEGINNING.
CONTAINING: 7,000 sq. ft., more or less.
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING OHVEYEO. THE EXACT LOCATION OF ALL STRUCTURES.
LINES ANO APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HERl!IU GRANTED SCALE: N/A
HHHICAl STORAGE EQUITIES, INC.
APN: 224-36-039
COISllUITt llt 881 DUANE AVE. OWER.
SALT LAKE CITY, UTAH SANTA CLARA, CALIFORNIA 95054 SHEET: 1 of2 SCLA-S6S98\233487 4.1
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EXHIBIT "A"
OVERHEAD ELECTRIC EASEMENT ACR
STORAGE EQUITIES, INC.
881 DUANE AVE.
SANTA CLARA, CALIFORNIA 950 I~
APN: 224-36-039 ~
EASEMENT AREA: 7,000 SQ.FT n•
S 88°54'00" E 33.00' (TIE)
POB
S 75°10'12" E 25.74'
I
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SVP REF:
PROJECT I.D. 20
STORAGE EQUITIES, INC.
APN: 224-36-039
LEGEND
L=40.18', R=54.00'
t.=42°37'54"
I'////// / / J EASEMENT AREA
=~~----_-_- _-_-_ROADWAY PLATTED CENTERLINE
~ POWERLINE REFERENCE LINE
~ FOUND SURVEY MONUMENT
THIS DRAWING SHOULD BE USED ONLY AS A REPRESENTATION OF THE LOCATION OF THE EASEMENT BEING CONVEYED THE EXACTLOCATION OF ALL STRUCTURES.
LINES AND APPURTENANCES IS SUBJECT TO CHANGE WITHIN THE BOUNDARIES OF THE RIGHT OF WAY HEREIN GRANTED SCALE: 1" = 80'
.
HHlRICAl
COISIIUIH lit
STORAGE EQUITIES, INC.
APN: 224-36-039
881 DUANE AVE.
SALT LAKE CITY, UTAH
WER.
SANTA CLARA, CALIFORNIA 95054 SHEET: 2 of 2
SCLA-56598\2334874.1
EXHIBIT B
Exhibit A Description
[i] a 7,000 square foot permanent Easement in, on, over, along and across the real property described and depicted in Exhibit "A" ("Easement Area") for the purpose of constructing and reconstructing, installing, operating, inspecting, maintaining, repairing, removing and/or replacing overhead electrical transmission, distribution and/or communication systems, and appurtenances thereto, including a reasonable right of ingress and egress over adjoining lands of fee owner. In exercising said right of ingress and egress, easement holder shall, wherever practical, use existing roads and lanes across lands of fee owner, if such there be, and if not, by such route or routes as shall result in the least practicable inconvenience to fee owner and any occupants of fee owner's property.
The overhead system will consist of poles, wire supports, wires and conductors suspended from pole to pole, transformers and other equipment mounted on the poles, anchors, guy attachments, and other appurtenances.
Portions of the Easement Area may be used by the fee owner for driveway(s), landscaping (excluding trees), and parking, as will not interfere with the easement holder's use of the Easement. Any other use of the Easement Area by fee owner shall be subject to easement holder's express written consent and only after easement holder's review of plans and specifications and determination that such use will not interfere with its use of the Easement. Easement holder may trim any trees or remove any tree or structure which are in or adjacent to the Easement Area which, in easement holder's reasonable determination, interferes with its use of the Easement. Easement holder may trim any trees or remove any tree which is in or adjacent to the Easement Area which exceeds a height of 20 feet or poses a risk of falling onto the easement holder's facilities or equipment located within the Easement.
SCLA-S6S98\2334874.1
EXHIBIT C
REQUEST TO BE HEARD
Date: _ _ ___ , 2025
To: Nora Pimentel, Assistant City Clerk
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Dear Sir/Madam:
The undersigned hereby requests the opportunity to be heard on the City of Santa Clara's Notice of Intention to Adopt Resolution of Necessity to Condemn Real Property, set for the agenda of November 18, 2025.
SCLA-56598\233487 4.1
Sincerely,
Signed:
Print Name:
Address:
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
25-1591 Agenda Date: 11/18/2025
REPORT TO COUNCIL
SUBJECT
Action on Introduction of a “Special Event Zone” Ordinance Regulating and Prohibiting Certain Activities within a Protected Area in Connection with the 2026 Major Events at Levi's® Stadium
BACKGROUND
Since it opened in 2014, Levi's® Stadium (Stadium) has hosted a number of large-scale events drawing statewide, national, and international attention. These include Super Bowl L in 2016, and the College Football Playoff National Championship in 2019. For such events, in order to support public safety, operations, traffic and operational logistics, and the general public health, safety and welfare of event goers and the surrounding community, the City implemented temporary “special event zone” regulations. Vendor congestion and counterfeit merchandising were also addressed.
The Stadium is scheduled to host two more global-scale events in 2026, Super Bowl LX in February and FIFA World Cup 2026 matches in June and July. Consistent with past practices, the City is again contemplating adopting temporary “special event zone” regulations to help support public safety, operations, traffic and operational logistics, and the general public health, safety and welfare of event goers and the surrounding community . Both the NFL and FIFA support such regulations, and the Stadium Authority and City agreements related to these events contemplate that City staff will prepare and present such regulations for City Council consideration and action.
City staff has now prepared an updated set of special event zone regulations that have been customized for Super Bowl LX and the FIFA World Cup (See Attachment 1). In preparing such regulations, aside from expert input from the Santa Clara Police Department, and other involved City staff, City staff also reviewed and incorporated provisions from recent sets of similar regulations enacted for major events held at other venues. NFL and FIFA input was also solicited. The resulting set of regulations, updated to be consistent with current “best practices,” are now presented for City Council consideration and action.
DISCUSSION
In General
The proposed Special Event Zone ordinance (“Special Event Zone”), prepared for use during certain designated special events at the Stadium, including the upcoming 2026 Major Events at the Stadium, is designed to advances four core objectives:
1. Public safety and emergency access in high-density areas;
2. Orderly operations around the Stadium and related sites; City of Santa Clara Page 1 of 6 Printed on 11/14/2025
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25-1591 Agenda Date: 11/18/2025
3. Aesthetics and consumer protection, including combating counterfeit goods; and
4. Mobility management, reducing pedestrian and vehicular conflicts caused by unpermitted sidewalk sales and pop-up activations.
To achieve these objectives, the proposed Special Event Zone regulations have been narrowly tailored. For one, they only apply during designated event activation periods for each event (generally, just before, during and just after the events themselves). The regulations also only apply within the specified geographic areas expected to be impacted by event activities; for the 2026 Major Events these areas are shown on the attached Exhibit A (See Attachment 2). The ordinance also includes provisions that would allow for its regulations to apply to future major events through the adoption of a City Council resolution specific to such event(s).
In general, the ordinance pauses existing peddler permits within the Special Event Zone during activation; prohibits outdoor sales of food, beverage, or merchandise visible from streets/sidewalks unless part of an approved, permitted operation; prohibits mobile unit commercial vending; requires permits for temporary structures; restricts unpermitted giveaways/sampling; maintains existing permitting for parades/races/block events; and limits unpermitted commercial signs/advertising visible from public streets while preserving exempt signage and ordinary-course business activities at locations with appropriate City approvals. Enforcement is contemplated primarily through administrative remedies and citations, with targeted tools for counterfeit goods and other unlawful activity.
Specific key provisions of the Special Event Ordinance are summarized below.
Sidewalk Vending Permits
There are existing permitting processes for sidewalk vending, temporary outdoor uses, and special events on both public and private property in the City of Santa Clara. Sidewalk vending is regulated under Santa Clara City Code Chapter 5.05, which requires sidewalk vendors to obtain a valid permit issued through the Police Department Permits Unit and to comply with location, operations, and public safety standards. In addition, outdoor commercial activity and event programming may require approval through the City’s special event permit process for activities occurring on public property, or a Temporary Use Permit under Santa Clara Zoning Code Chapter 18.110 for temporary commercial or assembly uses on private property.
During large-scale or high-attendance events, the City may apply time-limited restrictions on vending and outdoor commercial activities in order to maintain emergency access, prevent sidewalk congestion, and support coordinated public safety operations. The proposed Special Event Zone Ordinance establishes such a temporary framework. Within the Zone and only during designated activation periods, vending permits issued under Chapter 5.05 would be paused, and outdoor commercial activity would be limited unless part of a permitted special event or conducted by an existing business operating in the ordinary course under a valid City entitlement. These measures help ensure that commercial activity within the Zone is organized, safe, and consistent with public safety planning for the 2026 Major Events.
While certain outdoor commercial activities will be temporarily suspended within the Special Event Zone during activation periods, the City will continue to encourage participation by local vendors and small businesses through permitted special event activations and business engagement City of Santa Clara Page 2 of 6 Printed on 11/14/2025
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25-1591 Agenda Date: 11/18/2025
opportunities coordinated in advance of the events. This approach ensures a fair and inclusive pathway for vendor participation while still supporting the public safety, mobility, and crowdmanagement objectives necessary during high-profile international events.
In addition to the regulations on sidewalk vending permits, other key regulations within the Special Event Zone include the following:
1. No outdoor merchandise sales visible from public areas, except by permitted fixed businesses; applies broadly to all types of merchandise.
2. No mobile-unit vending, including trucks, trailers, carts, pushcarts, bicycles, or any wheeled structure.
3. No sale or distribution of illegal or counterfeit goods, regardless of permitting status.
4. Temporary structures require City approval, including tents, canopies, inflatables, wireless equipment, or similar installations.
5. No free product sampling or giveaways, including promotional items, coupons, or commercial services, in outdoor or public areas.
6. Police permit required for any parade, march, race, procession, or block event held on public streets or public spaces.
7. Restrictions on outdoor advertising, including commercial signs, banners, inflatables, LED displays, projections, and mobile advertising, unless exempt or specifically permitted; normal advertising on taxis, buses, and delivery vehicles may continue.
Enforcement
Violations of this Ordinance shall be subject to enforcement through the administrative remedies provided in the Santa Clara City Code, with each day that a violation continues constituting a separate and distinct offense. Violations involving mobile-unit commercial vending within the public right-of-way or City-owned parks shall be penalized pursuant to Section 5.05.420, while all other violations may be prosecuted by administrative citation under Section 1.10.030. In addition to these remedies, the City may seek injunctive relief through the Superior Court, and nothing herein shall preclude the City from pursuing any other enforcement actions or legal remedies available under state, federal, or common law for conduct that independently constitutes a violation of those laws.
Special Event Zone Area
The Special Event Zone boundary is focused on the streets, public access routes, and outdoor gathering areas in the vicinity of the Stadium and the adjoining entertainment and transit corridors.
The boundary is designed to encompass the areas where the highest levels of pedestrian and vehicle activity are expected during major event operations, including the phases of event load-in, active event days, and post-event load-out. The Special Event Zone also includes key ingress and egress corridors that serve as primary access points for emergency response, transit services, rideshare operations, Stadium patron traffic, and credentialed event vehicles, ensuring that temporary commercial activities do not impede critical traffic flows.
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25-1591 Agenda Date: 11/18/2025
For the Super Bowl LX and FIFA World Cup 2026, the Special Event Zone includes the Stadium, surrounding public rights-of-way, and adjacent event support areas that serve as primary pedestrian, transit, and vehicular circulation corridors. These areas are used extensively by attendees, staff, media, emergency personnel, and credentialed vendors during each stage of event operations. Prior to each event, large-scale load-in and staging operations will occur, involving the temporary setup of security screening areas, hospitality structures, broadcast compounds, temporary signage, fencing, and media infrastructure. During these periods, City departments and regional partners coordinate logistics for road closures, credentialed access control, and emergency response staging, including maintaining clear access to the Stadium that are essential for efficient and safe event operations.
The Special Event Zone also captures areas needed for multimodal access and spectator management, including the extensive surface parking areas, pedestrian routes, and shuttle and rideshare drop-off zones that support the Stadium and its surrounding activity centers. These facilities generate significant pedestrian movement before and after events, and the Special Event Zone ensures that unpermitted commercial activity does not interfere with safe pedestrian circulation or create spillover impacts into nearby residential neighborhoods. In addition, the Special Event Zone incorporates adjacent major activity hubs such as the Santa Clara Convention Center, California’s Great America theme park, and the surrounding hotels, which are expected to host event-related programming, hospitality functions, credentialing centers, media operations, and fan activities throughout the Super Bowl and World Cup periods.
By establishing the Special Event Zone in advance, the City can ensure predictable and coordinated management of outdoor commercial activity, crowd movement, and emergency access throughout these high-impact periods. This geographic approach provides a consistent and transparent regulatory framework that aligns with prior major event practices in Santa Clara, enabling the City to safeguard public health, safety, and mobility while supporting efficient event operations and a positive experience for residents and visitors alike.
Special Event Zone Time Periods
o Super Bowl LX: Proposed activation February 1, 2026 (8:00 a.m.) - February 10, 2026 (10:00 p.m.).
o FIFA World Cup 2026: June 12, 2026 through July 1, 2026, to allow for 24 hours prior to kick-off of the first match day through midnight on final match day. o Additional Special Events (if any): By separate Council resolution designating the event, dates, and any tailored adjustments.
Coordination and Outreach
The ordinance complements existing permitting (e.g., temporary outdoor uses, special events, encroachment permits) and interagency plans with the Bay Area Host Committee (BAHC), NFL/FIFA partners, Public Safety departments, and Public Works. Staff will implement a communications plan (website, social posts, community outreach, multilingual notices) to inform residents, vendors, and businesses well in advance of activations regarding these ordinance regulations.
Legal Considerations
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25-1591 Agenda Date: 11/18/2025
The ordinance is content-neutral, time-limited, and narrowly tailored to specific locations and dates. It preserves the City’s ability to authorize permitted activations that meet safety and coordination standards, maintains ordinary-course business operations for properly permitted, indoor/enclosed venues, and uses administrative remedies for efficient enforcement.
Staff Recommendation
Staff recommends the City Council introduce and waive the first reading of an uncodified ordinance to regulate certain activities within the Special Event Zone around the Stadium during limited activation periods in connection with major events. Adoption of the proposed ordinance implements measures that align with those interests and ensures the City’s readiness for time-limited, geographically targeted regulations tied to special events, as defined within the Ordinance, including the Super Bowl LX and FIFA World Cup 2026 events. The ordinance is designed to protect public health and safety, maintain emergency access, and support orderly event operations by placing temporary restrictions on certain outdoor commercial activities and temporary structures within the Special Event Zone. The Special Event Zone, dates, and activation periods are tailored to the events both for time periods and geographic areas impacted. The ordinance mirrors best practices successfully used in Santa Clara for prior major events (e.g., Super Bowl 50, 2019 CFP National Championship) and in neighboring jurisdictions for 2026 readiness.
Next Steps. If introduced with the first reading waived, staff will return for final adoption at the next regular City Council meeting.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of a California Environmental Quality Act (“CEQA”) pursuant to the 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. Even if adoption of the Ordinance was considered to be a project under CEQA, it would be exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of the Ordinance would have a significant effect on environment given that it does not involve or authorize any construction or physical activity that could impact the environment.
FISCAL IMPACT
There is no General Fund impact anticipated beyond staff time to implement and enforce time-limited activations.
COORDINATION
This report and ordinance were coordinated with the City Manager’s Office, City Attorney’s Office, Police, Public Works, Community Development (Planning/Building/Code); Economic Development and Marketing; Communications; and the Stadium Authority.
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 Page 5 of 6 Printed on 11/14/2025
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25-1591 Agenda Date: 11/18/2025
City of Santa Clara public library.
RECOMMENDATION
Introduce an uncodified ordinance entitled “An Ordinance of the City of Santa Clara, California, Regulating Certain Activities within a Protected Area in Connection with Major Events and Related Activities in the City of Santa Clara,” waive first reading, and direct staff to return for final adoption at the next regular meeting, with authority for the City Attorney to make non-substantive edits.
Reviewed by: Glen Googins, City Attorney
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Proposed Ordinance
2. Exhibit A - Special Event Zone Map
City of Santa Clara Page 6 of 6 Printed on 11/14/2025
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Ordinance/Special Event Zone FIFA World Cup Page 1 of 11 Rev: 11/2025
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, REGULATING CERTAIN ACTIVITIES
WITHIN A PROTECTED AREA IN CONNECTION WITH
MAJOR EVENTS AND RELATED ACTIVITIES IN THE CITY
OF SANTA CLARA
A. WHEREAS, the City of Santa Clara (“City”) is home to Levi's® Stadium (“Stadium”) which opened in 2014 and regularly hosts football events, concerts, soccer matches, and other events (“Events”); and
B. WHEREAS, some of the Events hosted at the Stadium attract statewide, national and/or international interest, with increased potential for safety and security risks due to their large crowds, enhanced level of media attention, large number of highprofile attendees, and increased commercial and community activity at and around the Stadium (“Special Events”); and
C. WHEREAS, in 2026, the Stadium will host two Special Events, Super Bowl LX (and related events) in February 2026, and FIFA World Cup 2026 (and related events), from late May through early July 2026; and
D. WHEREAS, in addition to the Stadium, the City also has within its jurisdiction various other public and private facilities, parking areas, access roads, thoroughfares and other areas which may be used for the purposes of staging and conducting activities related to the Special Events at the Stadium, including support of Special Event security, logistics, traffic management and other community or commercial activities associated with the Special Events; and
E. WHEREAS, the Special Events will require extensive event load-in and load-out Ordinance/Special Event Zone FIFA World Cup Page 2 of 11 Rev: 11/2025
operations, including temporary structures, hospitality installations, security screening areas, broadcast compounds, fencing, and wayfinding systems, all of which necessitate maintaining clear and predictable access routes for emergency services, credentialed personnel, and freight deliveries; and F. WHEREAS, the primary ingress and egress corridors serving the Stadium are essential for the safe movement of attendees, emergency vehicles, transit providers, rideshare operations, and Event support staff; and
G. WHEREAS, the Stadium is supported by extensive surface parking areas, pedestrian walkways, shuttle zones, and transit connections that experience significant pedestrian volumes before and after Special Events, and temporary restrictions on unpermitted vending and commercial activity within these areas are necessary to safeguard pedestrian travel and protect adjacent residential neighborhoods from spillover impacts; and
H. WHEREAS, event and hospitality facilities adjacent to the Stadium, including the Santa Clara Convention Center, California’s Great America theme park, and nearby hotels are expected to host Special Event related activities such as credentialing operations, media production, hospitality functions, fan activations, and community programming, creating additional demand for coordinated public safety, mobility management, and regulation of outdoor commercial activity; and I. WHEREAS, given increased security risks, increased number of people visiting the City to attend or participate in, and large scale of Special Events, and related activities, the City has determined that it is within the public interest to adopt certain temporary regulations (“Special Event Regulations”) to mitigate and manage these Ordinance/Special Event Zone FIFA World Cup Page 3 of 11 Rev: 11/2025
risks consistent with City’s interest in preserving the public’s health, safety and welfare; and
J. WHEREAS, the City’s specific purposes for adopting the Special Event Regulations include: (1) promoting and protecting public health, safety, and welfare in and around the Stadium and other areas within the City impacted by Special Events; (2) exercising responsible public stewardship by managing Special Events to maximize economic benefits to the community, while protecting the public interest; (3) promoting and protecting good order and aesthetic qualities in and around the Stadium during Special Events and minimizing commercial blight; and (4) managing congestion and pedestrian and vehicular traffic flow within a specifically defined area around the Stadium (“Special Event Zone”) that would otherwise impede the free and safe flow of traffic, presenting safety and security risks, by hindering security operations and interfering with emergency vehicle access; and K. WHEREAS, the Special Event Zone boundaries will be specific to each Special Event, and will generally align with the geofenced rideshare map, underscoring the need to preserve adequate traffic flow, avoid congestion, and maintain safe and orderly transportation operations during Special Events; and L. WHEREAS, establishing the Special Event Zone in advance of Special Events will allow the City to implement predictable and transparent regulations, coordinate enforcement, and maintain safe and efficient event operations from early event preparation through post-event crowd dispersal; and
Ordinance/Special Event Zone FIFA World Cup Page 4 of 11 Rev: 11/2025
M. WHEREAS, certain Special Event Regulations regulate sidewalk vendors and those regulations are directly related to the health, safety, and welfare concerns identified in Santa Clara City Code section 5.05.440 which exist upon the sidewalks and other pedestrian paths within the Special Event Zone; and
N. WHEREAS, in order to tailor the application of the Special Event Regulations to the time periods and the specific geographic areas where the public health, safety and welfare concerns are expected to arise, the Special Event Regulations will only apply, during the time periods designated for each Special Event and only within the Special Event Zone designated for each Special Event; and
O. WHEREAS, these designated time periods are intended to encompass not only the days on which the Special Events occur, but also the necessary lead-up and operational phases including load-in, construction of temporary facilities, credentialing, security screening, and crowd-management preparations during which health, safety and welfare impacts similarly exist; and P. WHEREAS, maintaining these regulations continuously throughout the full preparation, event, and dispersal periods, rather than intermittently turning them on and off, is essential to ensuring consistent application, effective enforcement, operational clarity for the public and stakeholders, and the uninterrupted protection of public safety and orderly event operations; and
Q. WHEREAS, based on the foregoing, the City has a substantial interest in adopting the Special Event Regulations set forth in this Ordinance, which shall be effective only during the specified dates and times applicable to Special Events and within the Special Event Zone designated.
Ordinance/Special Event Zone FIFA World Cup Page 5 of 11 Rev: 11/2025
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SANTA CLARA AS FOLLOWS:
SECTION 1: That the findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted by the City Council as a part of this Ordinance.
SECTION 2: Definitions. For purposes of this Ordinance the following terms shall have the meanings ascribed thereto:
a. “Special Event” shall mean (1) Super Bowl LX, (2) FIFA World Cup 2026, or (3) any similar event held at the Stadium, expected to attract statewide, national and/or international interest, with increased potential for safety and security risks due to their large crowds, enhanced level of media attention, large number of high-profile attendees, and increased commercial and community activity at and around the Stadium that is designated as a “Special Event” by resolution adopted by the City Council.
b. “Special Event Time Period” shall mean the time period leading up to and after a Special Event during which Special Event Regulations shall be in effect. For Super Bowl LX the Special Event Time Period shall commence on January 29, 2026, at 8:00 a.m. and shall expire on February 10, 2026 at 10:00 p.m. For FIFA World Cup 2026 the Special Event Time Period shall commence twenty-four hours to the first match and continue until midnight on the final match day. The specific Special Event Time Period for FIFA World Cup 2026 is June 12, 2026, at XX through midnight on July 1, 2026.
Other Special Event Time Periods shall be designated by the City Council by Ordinance/Special Event Zone FIFA World Cup Page 6 of 11 Rev: 11/2025
Resolution.
c. “Special Event Zone” shall mean with respect to Super Bowl LX and FIFA World Cup 2026 that certain area surrounding the Stadium expected to be impacted by the conduct of such events and any related activities thereby necessitating the imposition of the Special Event Zone Regulations as more particularly shown on the map and description attached hereto as Exhibit "A" including all publicly owned property, public rights of way and private property located therein. Other Special Event Zones shall be designated by the City Council by Resolution.
SECTION 3: Special Event Zone Regulations. With respect to each Special Event designated in accordance with the terms of this Ordinance, the following regulations shall apply for the duration of the Special Event Time Period and within the Special Event Zone designated for such Special Event.
a. Pause on Existing Permits within Special Event Zone. All permits issued pursuant to Chapter 5.05 of the Santa Clara City Code for approved locations within the Special Event Zone shall be paused. If any such permit holder peddles at alternative approved locations designated in the permit, the permit shall only be paused in part, as applied to the approved location within the Special Event Zone, and shall remain in full force and effect as applied to the alternative approved location. b. Prohibition on Outdoor Sales of Food and Beverage. The outdoor sale of any food or beverages to the public visible from any public street, sidewalk or public rights of way shall be prohibited, including alcoholic beverages, except food or beverages sold or distributed in the ordinary course of business at a location for which the City has issued a Certificate of Occupancy, Conditional Use Permit or permit under Ordinance/Special Event Zone FIFA World Cup Page 7 of 11 Rev: 11/2025
Section 3(h)(Permits Required for Parades, Races and Block Events) of this ordinance.
c. Prohibition on Outdoor Sales of Merchandise. The outdoor sale or distribution of merchandise (used in its broadest sense and including commercial property or transaction(s) of every kind) to the public visible from any public street, sidewalk or public right of way shall be prohibited, except merchandise sold or distributed in the ordinary course of business at a location for which the City has issued a Certificate of Occupancy, Conditional Use Permit or permit under Section 3(h)(Permits Required for Parades, Races and Block Events) of this ordinance. d. Prohibition on Mobile Unit Commercial Vending. Commercial vending from any "mobile unit," which includes any vehicle, truck, trailer, pushcart, wagon, bicycle, dray, conveyance or structure on wheels, not firmly fixed to a permanent foundation, whether or not required to have a license to operate issued by the California Department of Motor Vehicles, is prohibited.
e. Prohibition on Violation of State and Federal Laws. The sale or distribution of merchandise that violates state or federal law, including without limitation counterfeit merchandise, regardless of whether the person selling or distributing is operating pursuant to a special permit authorized by this Ordinance, or elsewhere in the Santa Clara City Code, is prohibited.
f. Permits Required for Temporary Structures. No temporary structure shall be constructed, placed, occupied or used (including, but not limited to, temporary location of mobile wireless communication facilities, tents, canopies, umbrellas and air-supported, air-inflated and tensioned membranes) unless previously approved Ordinance/Special Event Zone FIFA World Cup Page 8 of 11 Rev: 11/2025
pursuant to a permit issued by the City.
g. Prohibition on Distribution of Free Products. The distribution or provision of free products, commercial services or coupons (otherwise referred to as sampling) and other promotional giveaways on public streets, sidewalks or rights of way or outside an enclosed building is prohibited.
h. Permits Required for Parades, Races and Block Events. No person shall hold, manage, conduct, carry on or permit to be held, managed, conducted or carried on any parade, march, race, procession, or block event, in or upon any public street, highway, public park or public place without first obtaining a written permit from the Police Department that meets the findings required by Santa Clara City Code section 12.15.040.
i. Permits Required for Outdoor Commercial Signs and Advertising Displays.
Consistent with Santa Clara Zoning Code Chapter 18.42 outdoor commercial signs and advertising displays (including, but not limited to, portable signs, signs placed on public utility poles, flags, banners, video screens, cold air balloons, electronic message boards, projections of commercial messages, inflatables, light emitting diode signs of a commercial nature and building wraps) visible from any public street are prohibited, except for signs that qualify as exempt signs under Santa Clara Zoning Code section 18.42.070, or have a valid permit issued pursuant to Santa Clara Zoning Code Chapter 18.42. Except as otherwise provided in this paragraph, mobile advertising (including, but not limited to signs on or attached to a “mobile unit” portable device or person) is prohibited. Notwithstanding the foregoing, buses, taxicabs, and other delivery vehicles that display advertising as a secondary use of Ordinance/Special Event Zone FIFA World Cup Page 9 of 11 Rev: 11/2025
the vehicle in the ordinary course of business, may travel within the Event Zone to pick up and drop off passengers and goods.
SECTION 4: Violations and Penalties.
a. Mobile Unit Commercial Vending Violations. Violations of the “Prohibition on Mobile Unit Commercial Vending” provision within the public right-of-way or in a park owned and operated by the City, are punishable by the administrative remedies authorized in Santa Clara City Code section 5.05.420.
b. Administrative Remedies. Except as otherwise prohibited by state law, violations of any other provision of this ordinance by any person, firm, corporation, agent or employee thereof may be prosecuted as an administrative citation as set forth in Santa Clara City Code section 1.10.030. Each day that a violation is permitted to exist shall constitute a separate offense.
c. Other Enforcement Options. In the event a violation of this ordinance also constitutes a violation of any other provision of the Santa Clara City Code, the offender shall be prosecuted pursuant to this ordinance exclusively, and the fine and penalty shall be as set forth in this Section 4. In addition to any other remedies herein, this ordinance may be enforced by an injunction issued by the Superior Court upon any suit by the City. If any activity that constitutes a violation of this ordinance also constitutes a violation of any state, federal, or common law, this ordinance shall not be the exclusive remedy and shall not be deemed to abrogate any other rights and remedies that may exist under law.
SECTION 5: Severability. If any section, subsection, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the Ordinance/Special Event Zone FIFA World Cup Page 10 of 11 Rev: 11/2025
remaining portion or sections of the ordinance. The City Council declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
SECTION 6: No Impact on Existing Prosecutions/Fees. 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 7: CEQA. Adoption of this Ordinance is not a “project” as defined by CEQA pursuant to CEQA Guidelines section 15378 because it does not have any potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and it involves only organizational and administrative activities of the City; it does not involve or otherwise authorize any construction or physical activity that could impact the environment. Even if adoption of the Ordinance was considered to be a project under CEQA, it would be exempt from CEQA review pursuant to CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that adoption of the Ordinance would have a significant effect on environment given that it does not involve or authorize any construction or physical activity that could impact the environment.
SECTION 8: Ordinance not codified. This Ordinance shall not be codified in the Santa Clara City Code.
Ordinance/Special Event Zone FIFA World Cup Page 11 of 11 Rev: 11/2025
SECTION 9: 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 XX day of XXXXXX, 2025, 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: (type None here or type brief description below)
1. Exhibit A - Special Event Zone for Super Bowl LX and FIFA World Cup 2026 Ordinance/Special Event Zone FIFA World Cup Page 12 of 11 Rev: 11/2025
EXHIBIT A
Special Event Zone for Super Bowl LX and FIFA World Cup 2026 (To Be Attached)