5.0 LICENSING REQUIREMENT
A. User Licenses: Each user license is for access to the site consisting of unlimited data storage. Users can be direct employees of the Consultant as well as its SubConsultants and/or Suppliers.
B. Each user license includes full access to e-Builder, including all of the documents and reports mentioned above. Furthermore, each user license provides the e-Builder software as a service (SaS) including:
1. All hosting, operation, maintenance, and data backup of the eBuilder software and documents which are maintained in state-ofthe-art data centers located throughout the United States.
2. Quarterly e-Builder software enhancements.
3. Unlimited phone, email, and web-based support 24-hours.
C. e-Builder user licenses shall be obtained by the City, Owner Manager, and QA/QC Agencies for which the Design Consultant is not responsible.
Real time, updated
ch dule information
Schedules
Cost
Rea l time, updated
cost/budget lnformatlon
Automated communications
(e.g. e•mail notifications of changes
In chedvle, docvments, workflow)
Program Management
Workflow (transmittals, ubm1ttal ,
RF Is, change orders)
Automated notifications
of project changes (schedule,
workf/ow, cost, mlles1ones, other)
Executives
Consultants, Architects,
Engineers, Contractors Facilities Management
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-553 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Action to Authorize the City Manager to Execute an Agreement with Groome Industrial Service Group, LLC for Professional Heat Recovery Steam Generator Cleaning Services for Silicon Valley Power, With a Total Maximum Compensation Not-to-Exceed $3,719,144, Inclusive of All Option Years
BACKGROUND
Silicon Valley Power (SVP), the City’s electric utility, operates two power generation plants. At the Donald Von Raesfeld (DVR) Power Plant, SVP maintains two horizontal gas flow ATS/Express Heat Recovery Steam Generators (HRSGs) and associated heat transfer equipment that support combined-cycle power generation. The HRSGs recover waste heat from gas turbine exhaust to produce steam for a steam turbine, thereby increasing power generation, improving plant efficiency and reliability.
During normal operations, HRSG internal surfaces are exposed to high-temperature exhaust gases, which can result in fouling, deposits, and other contaminants accumulating on heat transfer surfaces.
If left unaddressed, this buildup can reduce thermal efficiency, increase backpressure, elevate emissions, and accelerate equipment wear or contribute to unplanned outages.
To maintain performance and reliability, SVP requires specialized HRSG cleaning services on an asneeded basis.
DISCUSSION
Pursuant to section 2.105.140(d) of the Santa Clara City Code (City Code), staff conducted a formal Request for Bids (RFB) for Heat Recovery Steam Generator Cleaning Services, with award to be made to the lowest responsive and responsible bidder. The RFB was published on the City’s eprocurement system on September 25, 2025, remained open for approximately seven weeks, and staff conducted direct outreach to firms capable of performing the work. Although 22 companies viewed the solicitation, no bids were received by the deadline of November 14, 2025.
Section 2.105.220 of the City Code provides that when no bids or proposals are received, the Purchasing Division Manager or designee may either readvertise or procure the required goods or services on the open market without further competitive bidding. After evaluating the outcome of the solicitation and prior procurement efforts for similar services, the Purchasing Division Manager determined that reissuing the bid was unlikely to yield a different result. In 2024, staff conducted a similar solicitation that also did not result in viable bids, and the City subsequently entered into an agreement with Groome to perform a single HRSG cleaning to meet operational needs.
In connection with the 2025 solicitation, staff again identified and contacted qualified firms, but no timely bids were received. Groome submitted a bid after the deadline, which could not be considered City of Santa Clara Page 1 of 3 Printed on 6/5/2026
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26-553 Agenda Date: 6/9/2026
under the terms of the RFB. Consistent with section 2.105.220, staff evaluated the required services on the open market and determined that Groome is qualified to perform the work and that the proposed pricing is fair and reasonable. Accordingly, staff recommends that the City Council authorize the City Manager to execute an agreement with Groome for as-needed HRSG cleaning services.
The proposed agreement provides for HRSG cleaning and related services on an as-needed basis, including removal of fouling, deposits, and other contaminants from heat transfer surfaces to restore equipment performance and efficiency. Groome will utilize localized high-pressure acoustic pressure waves methods to reduce backpressure, improve heat transfer, and extend the operational life of the HRSG units.
Services are anticipated to be performed on an as-needed annual basis during scheduled spring and fall outage periods, typically consisting of one HRSG unit cleaning per outage. The agreement also includes additional as-needed services, including Selective Catalytic Reduction cleaning, catalyst cleaning, and KinetiClean HP evaporator cleaning.
The agreement includes an initial two-year term beginning on or about June 1, 2026, and ending on or about May 31, 2028, with up to three one-year options to extend the term through May 31, 2031.
The total maximum compensation for the full contract term, including all option periods, is $3,719,144. This amount is based on anticipated HRSG cleaning services, generally ranging from approximately $128,000 to $239,880 per service depending on the type of cleaning, and includes a 10% contingency to address variability in outage schedules, the potential need for additional asneeded cleaning services, and market-related cost fluctuations over the full contract term. Actual expenditures will vary depending on actual operational demand. Staff will monitor and manage expenditures throughout the term of the agreement to ensure that costs remain within the authorized maximum compensation. Table 1 summarizes the maximum compensation for the agreement.
Table 1: Cost Summary
Term Amount
Initial Term (2 years) $1,371,520
Option Years (Estimated, 3 years) $2,009,520
Subtotal (5 years) $3,381,040
Contingency (10%) $338,104
Total Not-to-Exceed Maximum Compensation $3,719,144
Compensation will be based on fixed lump-sum pricing per HRSG unit. Pricing will remain firm for the initial two-year term of the agreement, after which the contractor may request rate adjustments no more than once annually during the option periods. Any requested rate adjustment is subject to City approval and must be supported by documentation satisfactory to the City.
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14 of the California Code of Regulations, as the proposed work involves the City of Santa Clara Page 2 of 3 Printed on 6/5/2026
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26-553 Agenda Date: 6/9/2026
maintenance of existing facilities.
FISCAL IMPACT
Funding for the agreement is available in the Electric Utility Operating Fund budget for FY 2025/26.
Funds for future years will be requested through the normal budget process.
COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Determine the proposed action is exempt from CEQA pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14 of the California Code of Regulations;
2. Authorize the City Manager or designee to execute an agreement with Groome Industrial Service Group, LLC for professional Heat Recovery Steam Generator (HRSG) cleaning services, with a term commencing on June 1, 2026, and ending on May 31, 2028, with up to three one-year options to extend the term through May 31, 2031, for a total maximum compensation of $3,719,144, inclusive of a 10% contingency, subject to the appropriation of funds and the review and approval as to form by the City Attorney; and
3. Authorize the City Manager or designee to take any actions necessary to implement and administer the agreement, and negotiate and execute future amendment(s) to (a) exercise the option years, (b) implement rate adjustments on the terms provided in Exhibit B, and (c) make de minimis changes, provided that the total maximum compensation is not exceeded, subject to the appropriation of funds and the review and approval as to form by the City Attorney.
Reviewed by: Nico Procos, Director of Silicon Valley Power Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Proposed Agreement for Services with Groome Industrial Service Group, LLC City of Santa Clara Page 3 of 3 Printed on 6/5/2026
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Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 1 of 42
EBIX Insurance No. *S200005572
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
GROOME INDUSTRIAL SERVICE GROUP, LLC
PREAMBLE
This Agreement is made and entered into on the date last signed by the Parties (“Effective Date”) between the City of Santa Clara, California, a chartered California municipal corporation (City) and Groome Industrial Service Group, LLC, a New Jersey limited liability company, (Contractor). City and Contractor may be referred to individually as a “Party” or collectively as the “Parties.”
RECITALS
A. City desires to secure the services (“Services”) more fully described in this Agreement, in Exhibit A, entitled “Scope of Services”;
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required Services and goods of the quality and type which meet objectives and requirements of City; and,
C. The Parties agree that Contractor will perform the Services under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and conditions herein contained, the Parties hereto agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A – Scope of Services
Exhibit B – Schedule of Fees and Payment Provisions
Exhibit C – Insurance Requirements
Exhibit D – Labor Compliance
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 2 of 42
This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by written amendment to this Agreement, the term of this Agreement shall begin on June 1, 2026 and terminate on May 31, 2028 (“Initial Term”).
B. After the Initial Term, City reserves the right, at its sole discretion, to extend the term of this Agreement for up to three (3) additional years through May 31, 2031 (“Option Periods”) in such increments as determined by City. The Option Periods shall be authorized through an Amendment to this Agreement executed by the Parties. The Initial Term and Option Periods shall collectively be referred to as “Term”.
3. SCOPE OF SERVICES AND PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
In addition to those warranties contained in Exhibit A, Contractor expressly warrants that all Services and materials covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements, and instructions applicable to this Agreement.
Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services or materials at no further cost to City when defects are due to the negligence, errors, or omissions of Contractor. If Contractor fails to promptly correct or replace Services or materials, City may make corrections or replace Services or materials and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR - STANDARD OF CARE
A. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services, including its duties and obligations, expressed and implied, contained herein. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.
City expressly relies upon Contractor’s representations regarding its skills and knowledge.
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Rev. 12-1-25 Page 3 of 42
B. Contractor warrants that all employees and subcontractor, if any, shall have sufficient skill and experience to perform the Services assigned to them.
C. Contractor shall comply with all applicable federal, state and local laws in the performance of the Services; including but not limited to those of the Occupational Safety and Health Administration (OSHA) and the California Department of Industrial Relations and State Division of Industrial Safety and the professional standard of care. Where any applicable laws or ordinances conflict with the City’s requirements, the more stringent requirement(s) shall be followed. Contractor’s failure to be thoroughly familiarized with the provisions of any applicable federal, state, and local regulations, ordinances and codes shall not relieve Contractor from compliance with the obligations and penalties resulting therefrom.
D. Contractor represents and warrants to the City that it has, shall obtain, and shall keep in full force in effect during the Term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession and to perform Services.
6. COMPENSATION AND PAYMENT
In consideration for Contractor’s complete performance of Services, City shall pay Contractor for all Services rendered and material provided by Contractor in accordance with Exhibit B, entitled “SCHEDULE OF FEES AND PAYMENT PROVISIONS.” The maximum compensation of this Agreement is One Million, Three Hundred Seventy-One Thousand, Five Hundred Twenty Dollars ($1,371,520) for Initial Term, subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services including any taxes. All Services performed or supplies, materials and equipment provided in excess of the maximum compensation shall be at Contractor’s expense. Contractor shall not be entitled to any payment above the maximum compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days’ prior written notice to Contractor.
B. Termination for Default. For purposes of this Section 7.B., the word "Default" shall mean the failure of Contractor to perform any of Contractor's duties or obligations or the breach by Contractor of any of the terms and conditions set forth in this Agreement. In addition, Contractor shall be deemed to be in Default upon Contractor (i) applying for, consenting to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 4 of 42
substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Contractor's assets or of Contractor's interests hereunder. In the event of any Default by Contractor, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
D. In the event of termination under sections 7.A. or 7.B., Contractor shall have no further rights hereunder
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement. Contractor has full rights to manage its workers, contractors and or employees in their performance of Services.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 5 of 42
Contractor shall enter into written agreements with all persons it engages, hires, contracts with, or employs to perform Services or provide labor and or materials to City, which state the persons are not employees of the City, and such persons are required to immediately report to Contractor any and all instances of any of the following, if they occur during the time the persons provide labor and or materials to City: (a) The way a person supplies labor and or materials to City is supervised by City or City’s designee; (b) The person is informed they should follow instructions given by City concerning how the person’s labor and material are to be provided; (c) The person is informed they should give City access to on-going review of the person’s labor and or materials; (d) The person is informed by City they should participate or attend training; (e) The person is unavailable to promote or otherwise make their labor and or materials available to the general public as a result of the provision of labor and materials to City; (f) The person is informed they are City’s employee; or (g) The person forms a belief or opinion they are City’s employee.
Contractor must immediately provide written notice to City of any report under Section 10 and provide related information as reasonably requested by City. The Parties agree failure of Contractor to immediately provide written report to City of any notice it receives from any source, relating to Section 10, constitutes material breach of this Agreement.
Contractor will inform and train persons it engages, hires, contracts with, or employs to provide labor and or materials to City on the requirements of Section
10. Contractor shall require that its workers and/or personnel immediately report to their respective Contractor supervisor any perceived occurrence under Section
10. 11. CONFIDENTIALITY OF MATERIAL
A. "Confidential Information” means, with respect to a Party hereto, all information or material which either (1) is marked or identified as “Confidential,” “Restricted,” or “Proprietary Information” or other similar marking or identification, or (2) the other Party knew, as recipient, or under the circumstances, should have known, was considered confidential or proprietary by the Disclosing Party (as defined below), except that this Agreement, Contractor pricing, and Contractor proposals incorporated into this Agreement shall not be deemed Confidential Information. Confidential Information shall consist of all information, whether in written, oral, electronic, or other form, furnished in connection with this Agreement by the Disclosing Party or its Representatives (“Representative” is defined as any elected and appointed officials, affiliate, director, officer, employee, agent, advisor or Contractor of a Party or any of its subsidiaries or affiliates) to the Receiving Party (as defined below) or to its Representatives, and specifically includes but is not limited to the City’s individually identifiable customer information, and the City’s customer usage data and financial data.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 6 of 42
B. Contractor and the City shall each hold the other’s Confidential Information in confidence. Neither Party shall make the other's Confidential Information available in any form to any third party or use the other's Confidential Information for any purpose other than as specified in this Agreement. The Party providing Confidential Information (“Disclosing Party”) to the other Party (“Receiving Party”) shall remain the sole owner of such information.
Except as provided elsewhere within this Agreement, nothing contained in this Agreement shall be construed as granting or conferring any right or license in any Confidential Information or in any patents, copyrights, software or other technology, either expressly or by implication to the Receiving Party, or to its Representatives or to others. The term Confidential Information shall not include any of the following: (1) information already in possession of, or already known to, the Receiving Party as of the Effective Date without an obligation of confidentiality; (2) information in the public domain at the time of the disclosure, or which, after such disclosure, enters into the public domain through no breach of this Agreement by the Receiving Party or its Representative(s); (3) information lawfully furnished or disclosed to the Receiving Party by a non-party to this Agreement without any obligation of confidentiality and through no breach of this Agreement by the Receiving Party or its Representative(s); (4) information independently developed by the Receiving Party without use of any Confidential Information of the Disclosing Party; (5) information authorized in writing by the Disclosing Party to be released from the confidentiality obligations herein; or (6) this Agreement and Contractor’s proposals and Purchase Orders.
C. By virtue of this Agreement, each Party hereto may disclose to the other Party information that is Confidential Information. This Agreement does not diminish, revoke or supersede any existing confidentiality, non-disclosure or similar agreement between the Parties that does not pertain to the subject matter of this Agreement. However, any Confidential Information, whether or not previously disclosed, that pertains to the subject matter of this Agreement shall be governed by the terms of this Section 11 which shall supersede any such previous agreement with respect to such Confidential Information and any Confidential Information relating to the subject matter of this Agreement that was exchanged under such previous agreement shall be treated as though it was exchanged under this Agreement as of the date of such exchange.
D. The Receiving Party will treat all Confidential Information of the Disclosing Party, no matter written, electronic, or oral, as confidential and proprietary, and the Receiving Party shall only use such information in furtherance of this Agreement. As such, the Receiving Party shall hold in confidence the Confidential Information of the Disclosing Party and ensure that such Confidential Information is not disclosed to any other person or entity, except as expressly permitted by this Agreement or as authorized in writing by the Disclosing Party. The Receiving Party shall not disclose Confidential Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 7 of 42
Information of the Disclosing Party received under this Agreement to any person other than its Representatives who require knowledge of such Confidential Information in furtherance of this Agreement. The Receiving Party shall inform its Representatives of the confidential nature of the Confidential Information of the Disclosing Party and advise such Representatives of the limitations on the use and disclosure and prohibition on making copies or summaries of such Confidential Information. The Receiving Party shall be responsible for any breach of this Agreement by its Representatives. Neither Party shall use the Confidential Information of the other Party for any commercial purpose.
E. If the Receiving Party becomes legally compelled (by oral questions, interrogatories, request for information or documents, subpoena, civil investigative demand, or similar process) to disclose any Confidential Information of the Disclosing Party or is requested Confidential Information pursuant to the California Public Records Act or similar law, the Receiving Party will provide the Disclosing Party with written notice of such an occurrence (if so permitted) as soon as possible. Thereafter, at its sole costs and expense, the Disclosing Party may seek a protective order or other appropriate remedy or waive compliance with the provisions of this Agreement. If the disclosing Party (i) waives compliance, (ii) fails to respond to the Receiving Party within five (5) business days, or (iii) after providing the notice and assistance required under this Section, the Receiving Party remains required by law to disclose any Confidential Information, the Receiving Party shall disclose only that portion of the Confidential Information that the Receiving Party is legally required to disclose. So long as it is consistent with applicable law, the Receiving Party will not oppose action by, and the Receiving Party will cooperate with, the Disclosing Party, at the Disclosing Party’s sole cost and expense, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information. If the Disclosing Party fails to obtain such protective order or other remedy, or if the Disclosing Party waives compliance with the requirements of the preceding sentence, the Receiving Party will disclose only that Confidential Information that it is legally required to disclose, and will exercise commercially reasonable efforts, at Disclosing Party’s expense, to obtain reliable assurance that confidential treatment will be accorded the Confidential Information so disclosed.
F. In the event the Receiving Party discloses, disseminates or releases any Confidential Information, except as expressly permitted by this Agreement, such disclosure, dissemination or release will be deemed a material breach of this Agreement and the Disclosing Party may demand prompt return of all Confidential Information previously provided to the Receiving Party. As soon as the Receiving Party becomes aware that it has made an unauthorized disclosure of Confidential Information, the Receiving Party shall take any and all necessary actions to recover the improperly disclosed Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 8 of 42
Confidential Information and immediately notify Disclosing Party regarding the nature of the unauthorized disclosure and the corrective measures being taken. Each Party agrees that any breach of their confidentiality obligations could cause irreparable harm to the other Party, the amount of which would be extremely difficult to estimate. Accordingly, it is understood and agreed that monetary damages would not be a sufficient remedy for any material breach of this Agreement and that specific performance and injunctive relief in addition to monetary damages shall be appropriate remedies for any breach or any threat of such breach. The provisions of this Paragraph are in addition to any other legal rights or remedies the Disclosing Party may have.
G. Within two (2) weeks of the termination of this Agreement, Contractor will return to the City or destroy, to the extent permitted by law, any and all Confidential Information, including all originals, copies, translations, transcriptions or any other form of material, without retaining any copy or duplicate thereof; provided that Contractor may retain Confidential Information contained on backup media created in the ordinary course of business provided further that there is no effort to access such Confidential Information and Contractor’s confidential obligations with respect to such information shall continue so long as such information is retained.
Contractor shall certify in writing the destruction of the Confidential Information. The City may perform an audit of Contractor’s records to confirm the return or destruction of the Confidential Information. The City shall have this audit right for two (2) years after the termination of this Agreement.
H. Notwithstanding the termination of this Agreement, this Confidentiality Section shall survive the expiration or earlier termination of this Agreement.
12. OWNERSHIP OF MATERIAL
A. City shall furnish to Contractor such documents and materials as may be relevant and pertinent to the provision of Services hereunder as City may possess or acquire.
B. All documents and materials furnished by City to Contractor, pursuant to Section 12.A., shall remain the property of City and shall be returned to City upon termination of this Agreement, for any reason. All documents or material prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall be considered works made for hire and shall become the exclusive property of the City, and City shall have the sole right to use such documents and materials without restriction or limitation on their use in City’s discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor’s sole cost and expense, provide such documents and material to City upon written request.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 9 of 42
C. Documents and material prepared by Contractor, pursuant to this Agreement, are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Contractor will be at City’s sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor’s deliverables under this Agreement by City or persons other than Contractor, is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such change.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
A. City, through its authorized employees, representatives or agents shall have the right during the Term and for four (4) years from the date of final payment for Services or goods provided under this Agreement (“Audit Period”), to audit the books and records of Contractor for the purpose of verifying any and all Contractor invoices and charges.
B. Contractor shall keep records and invoices in connection with the Services for the length of the Audit Period. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City.
C. Contractor shall use recognized accounting methods in preparing reports and invoices submitted to the City in connection with the Services. City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a certified public accounting firm who shall have the right to audit Contractor's accounting procedures and internal controls of Contractor's financial systems and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. If Contractor fails to provide supporting documentation satisfactory to City for costs charged, then Contractor agrees to reimburse City for those costs. Any such audit(s) shall be undertaken by City or its representative(s) at reasonable times and in conformance with generally accepted auditing standards. Contractor agrees to fully cooperate with any such audit(s).
D. Contractor will be notified in writing of any exception taken as a result of an audit. Any adjustments and/or payments which must be made as a result of any such audit or inspection of Contractor’s invoices and/or records shall be made within thirty (30) days from presentation of City’s findings to Contractor. If Contractor fails to make such payment, Contractor agrees to pay interest, accruing monthly, at a rate of ten percent (10%) per annum unless another section of this Agreement specifies a higher rate of interest, then the higher rate will prevail. Interest will be computed from the date of written notification of exception(s) to the date Contractor reimburses City for Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 10 of 42
any exception(s). If an audit inspection or examination in accordance with this Section discloses overcharges (of any nature) by Contractor to City in excess of one percent (1%) of the value of that portion of the Agreement that was audited, the actual cost of City's audit shall be reimbursed to City by Contractor.
E. Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing.
Contractor agrees to assist City in meeting City’s reporting requirements to the State and other agencies with respect to the Services.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney’s fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement – including claims of any kind by Contractor’s employees, subcontractors, affiliates, or persons contracting with Contractor to perform any portion of the Services – and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor’s obligation to protect, defend, indemnify, and hold harmless in full City and City’s employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all current or former worker, independent contractor, and or employment-related, and or benefit claims of any type brought by current or former workers, independent contractors, and or employees, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act (“Act”) and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 11 of 42
any penalties, fines, adverse rulings, or tax payments associated with Contractor’s responsibilities under the Act.
D. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor any other person or entity involved in the performance of the Services. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor shall be fully responsible according to the terms of this section.
15. INSURANCE REQUIREMENTS
During the Term, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City’s review, acceptance nor payments for any of the Services required under this Agreement shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
and by e-mail at [email protected] and
[email protected]
And to Contractor addressed as follows:
Groome Industrial Service Group, LLC
Attn: Steve Houghton, Chief Revenue Officer
305 Palmer Rd.
Denville, NJ 07834
and by e-mail at [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1:00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
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18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to “The Code of the City of Santa Clara, California” (“SCCC”). In particular, Contractor’s attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City’s Ethical Standards
(http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City’s name, insignia, or emblem, or distribute any information related to Services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
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23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties.
25. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument.
26. PREVAILING WAGE
In the event the Services require payment of prevailing wage, Contractor shall comply, and ensure its subcontractors comply with Exhibit D.
Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as Section 16000 et seq. of Title 8 of the California Code of Regulations, Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure by Contractor or its employees, agents, contractors, and subcontractors to comply with the prevailing wage laws.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. [SIGNATURES ON FOLLOWING PAGE]
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CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form: Dated:
GLEN R. GOOGINS
City Attorney
JŌVAN D. GROGAN
City Manager
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
“CITY”
GROOME INDUSTRIAL SERVICE GROUP, LLC
a New Jersey limited liability company
Dated:
By (Signature):
Name: Steve Houghton
Title: Chief Revenue Officer
Principal Place of
Business Address:
305 Palmer Rd
Denville, NJ 07834
Email Address: [email protected]
Telephone: (800) 505-6100
“CONTRACTOR”
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EXHIBIT A
SCOPE OF SERVICES
SECTION 1. GENERAL........................................................................................... 16 SECTION 2. SERVICES TO BE PERFORMED ...................................................... 16 SECTION 3. SPECIFIC REQUIREMENTS.............................................................. 17 SECTION 4. REPORTS........................................................................................... 20 SECTION 5. COMPLETION OF SERVICES ........................................................... 21 SECTION 6. HOURS AND DAYS OF SERVICE..................................................... 21 SECTION 7. SCHEDULING AND PLANNING......................................................... 21 SECTION 8. WORK AUTHORIZATION PROCESS ................................................ 21 SECTION 9. WORKMANSHIP................................................................................. 21 SECTION 10. PERMITS AND LICENSES................................................................. 22 SECTION 11. WARRANTY ....................................................................................... 22 SECTION 12. CITY FURNISHED MATERIALS......................................................... 23 SECTION 13. WORK AREA...................................................................................... 23 SECTION 14. CONTRACTOR’S EQUIPMENT, TOOLS, AND MATERIALS ............ 24 SECTION 15. DISPOSAL OF WASTE AND SCRAPS .............................................. 24 SECTION 16. SAFETY.............................................................................................. 24 SECTION 17. INJURY/PROPERTY DAMAGE.......................................................... 25 SECTION 18. CONTRACTOR PERSONNEL............................................................ 26 Agreement with Groome Industrial Service Group, LLC
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SECTION 1. GENERAL
1.1 The purpose of this Scope of Services is to define the requirements and deliverables for the cleaning of the Heat Recovery Steam Generators (HRSGs) Cleaning “Services” to restore optimal thermal efficiency, reduce backpressure, and extend equipment life.
1.2 Contractor shall provide all necessary supervision, labor, and services, plus all tools, equipment, materials, and supplies required for HRSGs Cleaning “Services” to remove deposits from the outer surface of two horizontal gas flow ATS Express HRSGs and other heat transfer equipment in support of Silicon Valley Power (SVP), the City’s Electric Utility, and other City departments, on an as-needed basis.
1.3 Contractor shall perform the Services in accordance with generally accepted industry best practices and the original equipment manufacturer (OEM) specifications. Any deviations must be approved in writing by City.
1.4 Contractor will primarily perform Services in City of Santa Clara limits.
SECTION 2. SERVICES TO BE PERFORMED
2.1 Contractor will provide the following Services to the City on an as-needed basis pursuant to the Work Authorization Process described in Section 8 and as further described pursuant to individual Work Authorizations or Purchase Orders
2.2 Place of Performance:
Silicon Valley Power,
Donald Van Raesfeld (DVR)
850 Duane Ave
Santa Clara, CA 95054
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2.3 Deliverables
Cleaning Plan and Safety Procedures
Pre- and Post-Cleaning Inspection Reports
Final Cleaning Report with Documentation
SECTION 3. SPECIFIC REQUIREMENTS
3.1 Pre-Cleaning Activities
Conduct a site visit and pre-cleaning inspection of the HRSGs.
Review historical performance data and fouling trends.
Identify access points, safety hazards, and logistical constraints.
Submit a cleaning plan including method, schedule, and safety protocols.
3.2 Cleaning Methodology
Contractor shall perform cleaning used the high-pressure water jetting method (e.g., KinetiClean™ or equivalent), as approved by the City.
3.2.1.1 Cleaning method must be non-destructive to the HRSG components.
3.2.1.2 Minimize downtime and environment impact.
3.2.1.3 Comply with OEM recommendations and industry best practices.
3.3 Execution of Cleaning
Contractor shall be responsible for providing and mobilizing the following, as required for the Services:
3.3.1.1 All necessary labor, supervision, tools, equipment, and materials required to perform the Services in accordance with the terms of this Agreement;
3.3.1.2 Transportation and logistics related to the movement of personnel, equipment, and materials to and from the work site(s);
3.3.1.3 All applicable permits, licenses, certifications, and approvals required by local, state, or federal authorities to lawfully perform the Services;
2.3.1 2.3.2
2.3.3 3.1.1
3.1.2 3.1.3
3.1.4 3.2.1
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3.3.1.4 Compliance with all health, safety, and environmental regulations and the implementation of appropriate safety procedures and protective measures at all times during the execution of the Services;
3.3.1.5 Any documentation, reports, or deliverables specified in the scope of services or otherwise required by the City for project monitoring, completion, or compliance purposes;
3.3.1.6 Any documentation, reports, or deliverables specified in the scope of services or otherwise required by the City for project monitoring, completion, or compliance purposes;
3.3.1.7 Contractor shall perform thorough cleaning of the cold-end, (tubes downstream of the Selective Catalytic Reduction (SCR) catalyst) HRSGs tubes from the gas side. Pending the award of optional work scope(s), the cleaning may include the SCR and/or Catalyst Cleaning (CO) catalyst. Cleaning of the HRSG tubes shall be accomplished via the KinetiClean process. The cleaning process shall ensure the effective removal of dust, debris, fouling, and any other foreign materials that may impair HRSG
performance. All services shall be performed in accordance with OEM specifications, industry best practices, and in a manner that prevents damage to any internal components.
3.3.1.8 Contractor shall ensure that noise levels generated during the performance of services do not exceed 90 decibels (dB) when measured at a distance of 50 feet from the HRSGs. Contractor shall take all necessary measures, including the use of noisereducing equipment or sound barriers, to maintain compliance with this requirement and to minimize disruption to site personnel and surrounding areas.
3.3.1.9 The cleaning method employed by the Contractor must be capable of providing 360-degree cleaning coverage of the finned tube modules within the HRSGs. The method shall ensure that all surfaces of each tube, including areas between closely spaced fins, are effectively cleaned to restore optimal thermal performance. Cleaning shall be performed without causing damage to the fins or tube surfaces and in accordance with OEM recommendations and industry best practices.
3.3.1.10Contractor shall ensure that no deformation, bending, or displacement of high-pressure tubes is permitted during any activity undertaken to reach or access deep into a tube bundle.
All access methods and tools used must preserve the structural integrity and alignment of the high-pressure tubing. Any damage Agreement with Groome Industrial Service Group, LLC
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or deformation resulting from non-compliant access methods shall be the sole responsibility of the Contractor and subject to immediate corrective action at no cost to the City.
3.3.1.11All debris cleaned from the tube surfaces shall be removed from the HRSG and placed in drums for later profiling as hazardous waste. Vanadium may be present in the debris.
3.3.1.12Deposits to be removed may include dirt, iron oxides, and other residues.
3.3.1.13All work must be completed during the scheduled annual Spring and/or Fall outages.
3.3.1.14Contractor shall provide all parts, materials, tools, equipment, and consumables necessary to complete all tasks.
3.3.1.15As requested by the City, expedited procurement and transportation of materials, parts, and equipment.
3.3.1.16Supervision and administrative support
3.3.1.17Program and project management services
3.3.1.18Scheduling and logistical planning
On-site miscellaneous services (portable restroom facilities, rental equipment such as light standards, generators, fueling services, etc.
3.4 Post-Cleaning Activities
Contract shall conduct post-cleaning inspection with client representatives.
Provide a detailed cleaning report including:
3.4.2.1 Before and after photos
3.4.2.2 Descriptions of fouling and cleaning effectiveness
3.4.2.3 Recommendations for future maintenance
Demobilize equipment and restore the site to original condition.
3.5 Schedule
Schedule of Milestones
The following schedule outlines the deliverables and/or milestones:
3.3.2 3.4.1
3.4.2 3.4.3
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Annual Spring and/or Fall Outage Periods TBD
HRSG Cleaning Start Date TBD
HRSG Cleaning Finish Date TBD
HRSG Inspection and Close Out TBD
SECTION 4. REPORTS
4.1 Service Reports
Within seven (7) days after final acceptance by the City of Services associated with each Work Authorization (as defined in Section 8), Contractor shall provide a report to the City, which shall include the following information:
4.1.1.1 Type of service such as preventative maintenance, inspection, repair, testing
4.1.1.2 Summary of existing conditions
4.1.1.3 Description of noted issues/deficiencies (including photos) and recommended corrective action
4.1.1.4 Description of service/repairs performed
4.1.1.5 Summary list of spare parts and materials inventory including serial number of all parts removed and installed
4.1.1.6 Other information that may be requested by the City.
4.2 Status Reports
Contractor shall provide regular cost, schedule, and status updates on Services performed throughout the Term.
Depending on the nature and scope of the Services, Contractor may be required to provide status updates daily, weekly, or monthly at the direction of City.
4.3 Contractor shall provide all reports in electronic format and hard copy if requested by the City.
3.5.2 3.5.3
3.5.4 3.5.5
4.1.1 4.2.1
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SECTION 5. COMPLETION OF SERVICES
All Services shall be completed in a timely, efficient manner so as to ensure the site, equipment, and/or system is operational as soon as possible and as provided in the applicable Work Authorization or Purchase Order as defined in Section 8.
SECTION 6. HOURS AND DAYS OF SERVICE
Contractor will generally perform the required Services during regular business hours, Monday through Friday. City will, at its discretion, allow access during non-business hours when required.
SECTION 7. SCHEDULING AND PLANNING
7.1 Contractor will coordinate with City to schedule outages associated with performance of Services. When requested by City, Contractor shall be able to plan, staff and execute scheduled maintenance and inspections with thirty (30) days advance notice.
7.2 Contractor may be required to work shifts longer than twelve (12) hours per day or alternative shifts including night shifts. Work hours may be limited by City noise restrictions.
SECTION 8. WORK AUTHORIZATION PROCESS
All Services under this Agreement must be approved by the City prior to commencement of work, and must be authorized through a valid Purchase Order issued by the City.
Contractor shall not perform any Services without such authorization. No Purchase Order or cumulative Purchase Order shall exceed the maximum compensation of the Agreement. All issued Purchase Orders shall be incorporated the Agreement. This section may be amended in writing by the City.
SECTION 9. WORKMANSHIP
9.1 Contractor shall perform all Services in a professional and environmentally responsible manner that meets or exceeds industry and professional standards of performance. All Services shall be performed by a Contractor employee skilled in the particular task to which they are assigned.
9.2 All parts and/or components replaced or newly installed in the system shall be factory new and free of defects in title, materials and workmanship at the time of their delivery and installation. However, if approved by the City in writing including as part of a Work Authorization or Purchase Order, Contractor may use rebuilt Agreement with Groome Industrial Service Group, LLC
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parts or new parts from another manufacturer if such alternate parts and/or components are approved by the original manufacturer and/or City for use in the specific piece of equipment of the system.
9.3 Poor or inferior workmanship, as determined at the sole discretion of the City, shall be removed and replaced to conform to the quality standards of the industry, or otherwise corrected to the City’s satisfaction, at Contractor’s sole expense.
9.4 City reserves the right to inspect any Services performed by Contractor and its subcontractors. If, upon inspection, the City determines that there is any unsatisfactory or defective Services, the Contractor must correct the Services at no additional cost to the City.
SECTION 10. PERMITS AND LICENSES
10.1 Contractor shall obtain, maintain, and pay for all licenses, permits, and certificates required by any statute, ordinance, rule, or regulation in order to perform the Services.
10.2 Contractor is responsible for working with the City of Santa Clara’s Fire Department to obtain permits including those related to the proper storage and handling of explosives.
10.3 Change Orders/Amendments to the Agreement will not be granted to extend the period of performance to obtain permits.
SECTION 11. WARRANTY
11.1 Services. For each Work Authorization and Purchase Order, all Services shall carry a warranty of a minimum of twelve (12) months from the date of completion of Services set forth in each Work Authorization or Purchase Order. Contractor shall perform all warranty-related work at no additional cost to the City.
11.2 Parts. All parts provided by Contractor shall include a warranty of no less than the greater of either twelve (12) months or the OEM warranty period. In the event the OEM warranty is less than twelve (12) months, Contractor shall extend the OEM warranty to a minimum of twelve (12) months. All parts fabricated by Contractor shall include a warranty of twelve (12) months. Contractor shall provide the City with a copy of any manufacturer’s warranty or extended manufacturer’s warranty.
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11.3 Contractor shall be responsible for performing all warranty work within a reasonable time. In emergencies where damage may result from delay or where the loss of service may result, the City may choose to perform the work covered in the warranty. The cost associated with the City completing the warranty work shall be charged to Contractor.
SECTION 12. CITY FURNISHED MATERIALS
Contractor shall credit the City for any City-furnished materials that are used, lost, stolen, damaged or rendered unusable by actions of Contractor.
SECTION 13. WORK AREA
13.1 Contractor shall ensure that work area, where Services or other related work are being performed, is free from all surplus materials, waste materials, debris, spills, dirt and rubbish caused by Contractor’s performance of Services. Upon completion of the scheduled Services or at the end of each day, whichever comes first, Contractor shall ensure the work area is in a clean safe condition.
The City shall be the sole judge as to the adequacy of the cleanup.
13.2 Contractor shall follow all directions of City with regard to clean-up both during the course of, and upon completion of Services. If Contractor fails to clean up the work area within forty-eight hours (48) after demand by the City, City may charge Contractor for any costs of clean-up or other services required to adequately protect the City's electrical or other facilities or to restore work area to a safe condition. City may invoice Contractor or deduct costs from Contractor’s invoice at City’s sole discretion.
13.3 Contractor must provide work and traffic signage as required to warn pedestrians and vehicular traffic of work in progress. Contractor may be required to direct pedestrians and traffic around the work area. Contractor shall also be responsible for providing all equipment and personnel necessary to properly perform the traffic control measures, including but not limited to, flaggers, cones, reflectors, electronic signs, barricades, caution tape, temporary paving, or steel plates.
13.4 Contractor shall make all reasonable efforts to minimize obstructions and inconvenience to City’s operations and others who may be impacted by Contractor’s Services.
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SECTION 14. CONTRACTOR’S EQUIPMENT, TOOLS, AND MATERIALS
14.1 Contractor shall provide all equipment, tools (including any specialty tooling), and materials required for the performance of the Services. City will not loan tools or equipment to Contractor. Neither Contractor nor its workers shall attempt to borrow tools or other materials from City personnel.
14.2 Contractor shall maintain tools and equipment in proper operating condition and used only for the purpose for which they were designed. City reserves the right to suspend Services if improper tools or equipment are being used or operated.
14.3 Contractor shall safely store and secure tools, equipment, and vehicles under lock and key when not in use. Contractor will not leave keys in any vehicles or equipment when not in use. Contractor shall promptly report to the City any loss or damage to tools, equipment, or vehicles.
14.4 City will not be responsible for the loss of tools, equipment, or materials.
SECTION 15. DISPOSAL OF WASTE AND SCRAPS
15.1 All wastes generated or encountered in the performance of Services must be managed in accordance with all applicable local, State, and federal regulations and laws. Contractor is solely responsible for handling the material safely and placing the material in storage bids provided by the City.
15.2 City will be responsible for the disposal of any hazardous materials.
SECTION 16. SAFETY
16.1 Safety must always be the top priority. Contractor shall take all necessary precautions for the safety of all persons at the work site. Contractor must erect and properly maintain at all times, as required by the conditions and progress of the Services, all necessary safeguards for the protection of all persons and the public including posting danger signs and warnings against known or unusual hazards.
16.2 Contractor shall perform Services according to accepted industry standards and work/safety practices, including but not limited to the National Fire Protection Association (NFPA) Codes NFPA 70, 70B, and 70E, National Electrical Manufacturer’s Association (NEMA), NETA, and IEEE standards.
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16.3 Contractor shall maintain an effective Injury and Illness Prevention Program (IIPP) in writing pursuant to Section 3203, Title 8 of the California Code of Regulations (CCR). The written plan shall include specific instructions with regard to hazards unique to the employee's job assignment. Contractor will submit a copy of Contractor’s IIPP at the City’s request and Contractor shall make Contractor’s IIPP available on-site.
16.4 Contractor shall schedule safety inspections as necessary and as may be requested by the City to identify and correct unsafe conditions and practices. The City reserves the right to accompany Contractor during these inspections.
16.5 Contractor must comply with all site-specific safety requirements and procedures including but not limited to Lockout/Tagout (LOTO), Energy Isolation, Confined Space, Fall Protection, Chemical Safety, Hazardous Waste, and Personnel Protective Equipment (PPE). Contractor must comply with SVP’s clearance program for equipment safety requirements. City will provide the clearance program to the Contractor.
16.6 Contractor’s employees (including any subcontractors) must use appropriate Personal Protective Equipment (PPE) and Fire Resistant (FR) clothing, as required. Any required PPE and FR clothing shall be provided at the expense of Contractor.
16.7 When requested by the City, Contractor shall provide an on-site Safety Manager/Supervisor to ensure compliance with all applicable safety rules and regulations. The onsite Safety Manager will perform daily audits and submit daily reports to the City that identify discrepancies or non-compliance and provide direction in regard to safety rules and regulations to Contractor Project Manager/On-Site Supervisor (as defined in Section 18) and Contractor employees.
SECTION 17. INJURY/PROPERTY DAMAGE
17.1 Contractor shall notify the City immediately in the event of an injury or property damage that occurs during the performance of Services. Contractor shall investigate the reported injury or damage upon request from City and provide City with regular updates including all accident reports until the investigation is resolved. City reserves the right to perform its own investigation. Should City choose to conduct its own investigation, Contractor shall assist as required.
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SECTION 18. CONTRACTOR PERSONNEL
18.1 Project Manager/On-Site Supervisor
Contractor must designate one (1) Project Manager or On-Site Supervisor to communicate with the City during the performance of Services. The Project Manager/On-Site Supervisor is the designated point of contact for the City to communicate tasks and receive feedback. The Project Manager/On-Site Supervisor must be capable of communicating effectively with City staff.
18.2 Staffing
Contractor shall be responsible for its employees' professional and technical competence and will select appropriate individuals who are qualified, certified, and/or licensed to perform the assigned task.
Contractor shall ensure its employees, and any subcontractors supply proper identification when requested by the City.
Contractor shall inform City immediately of any change in key personnel assigned to this agreement. Contractor shall submit the resumes and other qualifications of the proposed replacement employee(s) to City for review and approval.
City may reasonably request reassignment of key staff, including the Project Manager. In the event of a request, Contractor shall submit the resumes and other qualifications of proposed replacement employee(s) to City for review and approval.
18.3 Employee Training
At Contractor’s sole cost and expense, Contractor shall provide recurring, periodic (no less than annual) training to its employees (including subcontractors) appropriate to the duties and responsibilities of each employee.
It is essential that all employees be thoroughly trained and familiar with the equipment and procedures to be followed.
Contractor’s training program shall follow Contractor’s standard policies and procedures and shall be in compliance with all applicable federal, state, and local laws, including but not limited to safety and injury prevention training requirements contained in the OSHA standards.
Contractor shall be familiar with SVP’s operating standards. All employees are required to watch SVP’s safety video once per calendar year or prior to the commencement of the Services.
18.2.1 18.2.2
18.2.3 18.2.4
18.3.1 18.3.2
18.3.3 18.3.4
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At the City’s request, Contractor shall submit copies of training records for its employees.
18.4 Standards of Conduct
Contractor is solely responsible for its employees while on or about the work site. This includes but is not limited to, maintaining discipline, ensuring standards of conduct are adhered to, and enforcing safety policies, procedures, and orders. Contractor shall ensure that while on or about the work site, its employees do not:
18.4.1.1 Display a discourteous, abrupt, abrasive, or belligerent attitude.
18.4.1.2 Use any prescribed or over-the-counter medications which can potentially impair the employee's ability to perform the Services safely.
18.4.1.3 Present or identify themselves as employees of the City of Santa Clara.
18.4.1.4 Possess or use any firearms, narcotics, drugs, intoxicants, or other restricted materials while on City premises or performing Services.
If a Contractor employee fails to meet these standards of conduct, Contractor shall immediately remove the employee and provide a replacement. Contractor shall determine appropriate disciplinary actions in accordance with its own policy, a copy of which may be requested by the City at any time.
In the event that a complaint is made against a Contractor employee, Contractor shall notify the City immediately and provide a written explanation detailing how the situation was resolved.
18.3.5 18.4.1
18.4.2 18.4.3
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EXHIBIT B
SCHEDULE OF FEES AND PAYMENT PROVISIONS
SECTION 1. MAXIMUM COMPENSATION
1.1 The maximum compensation payable to Contractor during the Term shall not exceed the amount in Section 6 of this Agreement.
1.2 The City does not guarantee a minimum compensation under this Agreement.
SECTION 2. RATES
2.1 Rate Schedule
The rates applicable to the Services performed under this Agreement are listed in Appendix B1 (Rate Schedule), which is attached hereto and incorporated by reference.
The rates shown in Appendix B1 are fully burdened, including all costs such as labor, overhead, and profit.
2.2 Fixed Rates
The rates listed in Appendix B1 shall remain fixed for the first two (2) years of the Agreement term and shall not be subject to escalation or adjustment during that period, except as otherwise authorized by the City under this Exhibit B.
2.3 Additional Services
Compensation for Additional Services, as defined in Section 7.2 of Exhibit A (Additional Services) shall be authorized in writing by the City prior to commencement. Such services shall be compensated at either at the rates set forth in Appendix B1, if applicable, or at a fixed price mutually agreed upon by the Parties.
2.4 Rate Adjustments
After the first two years of the Agreement, rate adjustments may be negotiated no more than once annually. Contractor shall submit any proposed rate adjustments in writing to the City at least ninety (90) days prior to the requested effective date. Any proposed rate adjustments are subject to approval by the City and must be substantiated by the Contractor to the satisfaction of the City.
2.5 Labor Union or Prevailing Wage Adjustments
If Contractor’s employees are covered by a collective bargaining agreement or prevailing wage determination that results in an increase in mandatory labor wages during the term of the Agreement, Contractor may request a corresponding rate adjustment. Any such request shall include documentation substantiating the applicable labor agreement or Agreement with Groome Industrial Service Group, LLC
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prevailing wage determination, the effective date and percentage of the wage increase, and a demonstration of how the increase impacts the rates in Appendix B1.
SECTION 3. NO REIMBURSABLE EXPENSES
Intentionally left blank.
SECTION 4. PAYMENT PROVISIONS
4.1 Time and Materials
For Services authorized to be paid on a time and materials basis, Contractor shall provide an invoice to the City on a monthly basis for Services completed in the preceding month.
The invoice must include the following information:
Invoice Number, Purchase Order Number, and Invoice Period.
Current amount due with a time and materials breakdown: titles, hours, hourly rates, and any City approved reimbursable expenses itemized with supporting documentation.
Sufficient detail for City to verify (a) that the charges are in accordance with the Purchase Order, (b) that rates listed in Appendix B1 are charged, and (c) where applicable, hours worked can be matched to certified payroll submittals.
4.2 Fixed Price
For Services authorized to be paid on a fixed price basis, Contractor shall base the invoice on a lump sum amount upon the completion of deliverable(s) and subject to the following:
Invoices must include the following information:
4.2.1.1 Invoice Number, Purchase Order Number, and Invoice Period.
4.2.1.2 Detailed information on the Services performed on each deliverable or task completed on each project, as applicable.
Contractor shall not invoice labor costs subject to prevailing wages in advance of performing the applicable Services.
4.3 Pre-Payment
City shall not be required to pay a deposit or any other form of pre-payment prior to Contractor beginning the Services.
4.1.1 4.1.2
4.1.3 4.2.1
4.2.2 Agreement with Groome Industrial Service Group, LLC Rev. 12-1-25 Page 30 of 42
4.4 Payment Limited to Satisfactory Work.
Contractor is not entitled to any payments until the City concludes that the Services and/or any furnished deliverables have been satisfactorily performed.
4.5 Certified Payroll
When applicable, Contractor and all subcontractors shall submit certified payroll records for all workers employed in the performance of the Services. All certified payrolls shall be submitted in accordance with the requirements set forth in Exhibit D (Labor Compliance).
4.6 Accurate Invoice
Invoices shall be accurate, itemized, and submitted in a form acceptable to the City. If an invoice is incomplete or inaccurate, the City may return it to Contractor for correction and resubmittal before payment can be processed. Contractor shall not charge the City any interest, late fees, or penalties on any outstanding or delayed invoices due to inaccurate billing.
4.7 Payment
If there are no discrepancies or deficiencies in the submitted invoice and Contractor has submitted all required certified payroll, City shall process the invoice for payment.
4.8 Confidential
Invoices and related payment documentation are public records and are not confidential, even if marked as confidential when submitted by Contractor.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 31 of 42
APPENDIX B1 TO EXHIBIT B
RATE SCHEDULE
Contractor agrees to provide the services and/or products as specified in Exhibit A at the rates set forth below., Servicing of units would rotate on an annual or semiannual (twice a year) basis depending on City requirements, with an option to add additional services on an as-needed basis.
Table B1: Total Compensation for Initial Term
Table B2: Total Compensation for Option Periods
Item
Services
Description
# of
Days
Duration of Shifts
Per Day (Hours) Lump Sum Pricing
2026-Unit 1 or 2 KinetiClean 8 12 $239,880.00
2027-Unit 1 KinetiClean 8 12 $239,880.00
2027-Unit 2 KinetiClean 8 12 $239,880.00
2028-Unit 1 or 2 KinetiClean 8 12 $239,880.00
As-needed SCR
Services
Selective
Catalytic
Reduction Services 3 12
$128,000.00
(includes scaffolding)
As-needed
CO Services Catalyst Cleaning 3 12
$128,000.00
(Includes scaffolding)
As-needed
Services
KinetiClean
HP Evap
Superheater
Cleaning 3 12 $156,000.00
Total $1,371,520.00
Item
Services
Description
# of
Days
Duration of
Shifts Per Day
(Hours) Lump Sum Pricing
2028-Unit 1 or 2 KinetiClean 8 12 $252,440.00
2029-Unit 1 KinetiClean 8 12 $252,440.00
2029-Unit 2 KinetiClean 8 12 $266,440.00
2030-Unit 1 KinetiClean 8 12 $266,440.00
2030-Unit 2 KinetiClean 8 12 $279,880.00
2031-Unit 1 or 2 KinetiClean 8 12 $279,880.00
As-needed
SCR Services
Selective Catalytic
Reduction Services 3 12
$128,000.00
(includes
scaffolding)
As-needed
CO Services
Catalyst Cleaning 3 12 $128,000.00
(includes
scaffolding)
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 32 of 42
KinetiClean - Four (4) modules, both sides of module, per year, on a single HRSG (Heat Recovery Steam Generator) unit. Routine cleaning services would typically occur in Spring (March). First round of routine cleaning services would start with Unit 1. City reserves the right, in its sole discretion, to dictate that a different unit be cleaned first.
KinetiClean – As-needed cleaning services may occur in Spring (March) or Fall (November).
Any quantities specified herein are estimates. Actual quantities may vary; any variations from these estimated quantities shall not entitle the Contractor to an adjustment in unit pricing or rates.
As-needed Services
HP Evap
Superheater
Cleaning 5 12 $156,000.00
Total $3,381,040.00
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 33 of 42
EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor’s indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$1,000,000 Each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$1,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a “pay on behalf” basis with defense costs payable in addition to policy limits;
b. There shall be no cross liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 34 of 42
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS’ COMPENSATION
1. Workers’ Compensation Insurance Policy as required by statute and employer’s liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers’ Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. UMBRELLA/EXCESS LIABILITY INSURANCE
Umbrella or excess liability coverage with a limit of ten million dollars $10,000,000 per occurrence and in the aggregate. Such coverage must include the Employer’s Liability Insurance, Commercial General Liability Insurance (including completed operations) and Automobile Liability Insurance and the Umbrella/Excess coverage must “follow form” over the underlying coverages.
E. POLLUTION LIABILITY
1. Pollution Liability Insurance policy with limits of at leave five million dollars ($5,000,000).
2. The pollution policy needs to have coverage for (Including coverage for ongoing and completed site operations, transportation incidents and nonowned disposal sites.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 35 of 42
F. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor’s work for City, using Insurance Services Office (ISO) Endorsement CG 20 10 11 85 or the combination of CG 20 10 03 97 and CG 20 37 10 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor’s insurance.
3. General Aggregate. The general aggregate limits shall apply separately to Contractor’s work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer’s equivalent (CGL);
4. Waiver of Subrogation. Contractor hereby waives all rights of recovery (including rights of subrogation) against the City of Santa Clara and any other required Additional Insured or other party entitled to indemnification hereunder of any claim, injury, loss or damage arising form any occurrence covered by insurance maintained (or required to be maintained) by Contractor. All policies of insurance carried by Contractor, including Workers Compensation, shall include express provisions in which the insurer waives it subrogation rights against City or other party entitled to indemnification hereunder.
5. Cancellation.
a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of nonrenewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 36 of 42
effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation.
In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of non-renewal.
6. Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through E of this Exhibit C, above.
G. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required by Contractor, except as with respect to limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project with be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used be any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required be this Agreement. Any such provisions are to be deleted with reference to City. It is not intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
4. Requirements of specific insurance coverage features described in this Agreement shall not be construed to be a limitation of liability on the part of Contractor or any of its subcontractors, nor to relieve any of them of any liability or responsibility under the Contract Documents, as a matter of law or otherwise. Such requirements are not intended by any Party to be limited to providing coverage for the vicarious liability of the City or to the supervisory role, if any, of City. All insurance coverage provided pursuant to this Agreement in any way relating to City is intended to apply to the full extent of the policies involved.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 37 of 42
5. Contractor shall maintain all required insurance policies in full force and effect during entire period of performance of the Services under this Agreement of Contract Documents. Contractor shall also keep such insurance in force during warranty and guarantee periods. At time of making application for extension of time, Contractor shall submit evidence that insurance policies will be in effect during requested additional period of time.
6. City reserves the right, at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor thirty (30) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate in good faith additional compensation proportional to the increased benefit to City.
7. Any type of insurance or any increase of limits of liability not described in this Exhibit which Contractor requires for its own protection or in compliance with applicable statutes or regulations, shall be Contractors’ responsibility and at its own expense.
8. No liability insurance coverage provided by Contractor to comply with the terms of this Agreement shall prohibit Contractor, or Contractor’s employees, or agents, from waiving the right of subrogation prior to a loss.
Contractor waives its right of subrogation against indemnitees. Any property insurance policies affected by Contractor shall be endorsed to delete the subrogation condition as to indemnitees or shall specifically allow Contractor to waive subrogation prior to a loss. Contractor hereby waives any right of recovery against the indemnitees and agrees to require any subcontractor to do so.
9. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to limits.
Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. . Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
10. Contractor shall cooperate fully with City and Contractor’s insurance companies in any safety and accident prevention program and claims handling procedures as established for the performance of Services under this Agreement.
11. All coverage types and limits required under this Agreement are subject to approval, modification and additional requirements by the City, as the need Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 38 of 42
arises. Contractor shall not make any reductions in scope of coverage which may affect City’s protection without City’s prior written consent.
12. For purposes of applying insurance coverage only, all contracts pertaining to the performance of services will be deemed to be executed when finalized and any activity commences in furtherance of performance under this agreement.
13. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any of the insurance requirements set forth in this Agreement in no way imposes any additional obligations on City nor does it waive any of the City’s rights under this Agreement or any other regard.
14. Any provision in this Agreement dealing with the insurance coverage provided pursuant to these requirements, is subordinate to and superseded by the requirements contained herein. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the Parties here to be interpreted as such.
15. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
16. Contractor agrees to obtain and provide to City evidence of Professional Liability insurance for Architects or Engineers if engaged by Contractor to perform any of the Services required under this Agreement. City shall determine the minimum coverage and policy limits required, after consultation with Contractor.
17. The City acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Contractor.
The Contractor’s insurance obligations under this Agreement under may be satisfied in whole or in part by adequately funded self-insurance retention, but only after approval from the City Attorney’s Office upon satisfactory evidence of financial capacity.
18. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 39 of 42
H. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City’s approval as to adequacy of the insurance protection.
I. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement. Upon City’s request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
Attention: Silicon Valley Power
P.O. Box 100085 – S2 or 1 Ebix Way
Duluth, GA 30096 John’s Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
J. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 40 of 42
EXHIBIT D
LABOR COMPLIANCE
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
K. Prevailing Wage Requirements
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov and are on file with the City Clerk’s office, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811- 1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request. Contractors shall submit certified payroll through LCP Tracker or similar system as directed by the City. The term “certified payroll” shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 41 of 42
documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Contractor and all subcontractors shall be required to submit certified payroll and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered “public works contractor” with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a “public works contractor”. Those you fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney’s fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
L. Audit Rights
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Exhibit shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Agreement with Groome Industrial Service Group, LLC
Rev. 12-1-25 Page 42 of 42
Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
M. Enforcement
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor’s failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Exhibit.
4. City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-545 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Adoption of a Resolution Calling and Giving Notice of a General Municipal Election to be held on Tuesday, November 3, 2026 for the Election of one Mayor and two Councilmembers, one each for Council Districts 2 and 3; Requesting the Consolidation and Performance of Services from the County of Santa Clara Registrar of Voters of the Municipal Election with the Statewide Election; and Adopting Regulations for Candidate Statements of Qualifications Submitted to the Voters and Levying a Share of the Cost of the Candidates’ Statements
DISCUSSION
The terms of the following elected officials will expire in November 2026: Mayor Lisa Gillmor; Councilmember Karen Hardy (Council District 3); and Councilmember Raj Chahal (Council District 2).
Attached for Council consideration is a Resolution: 1) Calling and giving notice of a General Municipal Election to be held on Tuesday, November 3, 2026 for the election of one Mayor, and two Councilmembers, one each for Council Districts 2 and 3; 2) Requesting the Consolidation and Performance of Services from the County of Santa Clara Registrar of Voters of the Municipal Election with the Statewide Election; and 3) Adopting Regulations for Candidate Statements of Qualifications Submitted to the Voters and Levying a Share of the Cost of the Candidates’ Statements.
Note: This item does not include any action with respect to the pending proposal for a Charter update. In the event that the City Council decides to proceed with a Charter update, the call for the election and the budget to fully fund any such proposal would need to be amended at that time.
FISCAL IMPACT
The estimated cost received by the Santa Clara County Registrar of Voters for holding the General Municipal Election for the Mayoral and two Council District seats is approximately $332,000. The additional cost for a Charter amendment ballot measure is estimated at $295,000; which would bring the total potential election costs to $627,000.
The FY 2026/27 election budget totals $553,600, which includes $453,600 for general election costs and an additional $100,000 for a potential Charter amendment ballot measure. There is sufficient election funding for the Mayoral and two Council District seats. If the City Council decides to proceed with the Charter amendment ballot measure, additional funding of approximately $73,400 will be necessary, and a General Fund budget amendment will be brought forward to cover that additional cost.
COORDINATION
This report was coordinated with the City Attorney’s Office and the Finance Department.
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26-545 Agenda Date: 6/9/2026
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].
RECOMMENDATION
Adopt a Resolution Calling and Giving Notice of a General Municipal Election to be held on Tuesday, November 3, 2026 for the Election of One Mayor and Two Councilmembers, one each for Council Districts 2 and 3; Requesting the Consolidation and Performance of Services from the County of Santa Clara Registrar of Voters of the Municipal Election with the Statewide Election; and Adopting Regulations for Candidate Statements of Qualifications Submitted to the Voters and Levying a Share of the Cost of the Candidates’ Statements.
Prepared by: Nora Pimentel, Assistant City Clerk
Reviewed by: Marguerite Malloy, Assistant City Attorney Approved by: Bob O’Keefe, City Clerk
ATTACHMENTS
1. Resolution
City of Santa Clara Page 2 of 2 Printed on 6/5/2026
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Resolution Calling and Giving Notice of a General Municipal Election to be held on November 3, 2026 Page 1 of 5 Rev: 11/22/17
RESOLUTION NO.
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026,
FOR THE PURPOSE OF ELECTING ONE MAYOR AND TWO
COUNCILMEMBERS, ONE EACH FOR COUNCIL DISTRICTS 2
AND 3 REQUESTING THE CONSOLIDATION AND
PERFORMANCE OF SERVICES FROM THE COUNTY OF SANTA
CLARA REGISTRAR OF VOTERS OF THE GENERAL MUNCIPAL
ELECTION WITH THE STATEWIDE ELECTION; AND ADOPTING
REGULATIONS FOR CANDIDATE STATEMENTS OF
QUALIFICATIONS SUBMITTED TO THE VOTERS FOR AN
ELECTION AND LEVYING A SHARE OF THE COST OF THE
CANDIDATES’ STATEMENTS ON THE CANDIDATES
WHEREAS, the terms of the following elected officials will be expiring November 2026: Mayor Lisa Gillmor, Council District 3 – Councilmember Karen Hardy, Council District 2 – Councilmember Raj Chahal.
WHEREAS, pursuant to Section 1001 of the Elections Code of the State of California, there is an established Primary Statewide election to be held on Tuesday, November 3, 2026; and, WHEREAS, pursuant to Part 3, Consolidation of Elections, and commencing with Section 10400 of the Elections Code of the State of California, such municipal election may be either completed or partially consolidated and held on the same day as a statewide election, upon order of this City Council.
NOW THEREFORE, BE IT RESOLVED:
Section 1. That pursuant to Section 10403 of the Elections Code of the State of California, the City Council of the City of Santa Clara calls a municipal election to be held on Tuesday, November 3, 2026; and requests the Board of Supervisors of the County of Santa Resolution Calling and Giving Notice of a General Municipal Election to be held on November 3, 2026 Page 2 of 5 Rev: 11/22/17
Clara to completely consolidate the election with the General Statewide election. The consolidated municipal election will be held, regulated, and conducted in accordance with the provisions of the law.
Section 2, pursuant to the City of Santa Clara Charter Section 600.01 Municipal Elections, a municipal election is necessary for purposes of filling a City Councilmember and atlarge seats for the offices listed below and to be voted upon at such election.
Title of Office Length of Term Number of Seats At Large or District Councilmember 4 Year Full-Term 1 District 2
Councilmember 4 Year Full-Term 1 District 3
Mayor 4 Year Full-Term 1 At Large
Section 3. That pursuant to Sections 10002 of the Elections Code of the State of California, the City of Santa Clara requests the services of the Board of Supervisors of the County of Santa Clara and the Registrar of Voters of the County of Santa Clara to render such services to the City as requested by the City Clerk; and shall reimburse the county for the costs incurred by the County of Santa Clara Registrar of Voters in conducting the General Statewide election for the City. The City requests the County of Santa Clara Board of Supervisors to permit the County of Santa Clara Registrar of Voters to prepare the City’s election materials. The election services to be performed shall include the preparation, printing and mailing of official ballots and county voter information guides; the establishment of precincts, elections ballots, return mail envelopes, ballot drop boxes, vote centers, elections officers, and producing such publications as are required by law in connection therewith; the furnishing of ballots, envelopes, and other necessary supplies and materials for voting places; the canvassing of the returns of the election; the furnishing of the results of such canvassing to the City Clerk; and, the performance of other election services as may be requested by the City Clerk.
Section 4. That the City Council of the City of Santa Clara requests the Board of Supervisors of the County of Santa Clara to hold and conduct the municipal election in the Resolution Calling and Giving Notice of a General Municipal Election to be held on November 3, 2026 Page 3 of 5 Rev: 11/22/17
manner prescribed in Section 10418 of the Elections Code of the State of California, and to further provide that the Registrar of Voters canvass the returns of the municipal election. The County of Santa Clara is hereby authorized to certify the returns of the municipal election.
Section 5. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted upon in the City of Santa Clara on November 3, 2026, may prepare a candidate’s statement on an appropriate form provided by the City Clerk, as the City election official, or his/her designee. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate. Each candidate who files such a statement shall be required to pay in advance his or her pro rata share of the estimated costs of printing, handling, and mailing said candidate statement, and such estimated costs shall be determined by the Registrar of Voters. Based on the foregoing, the City Council of the City of Santa Clara hereby determines to levy the pro-rata charges as follows:
• $3,260 for Council District 2
• $3,250 for Council District 3
• $4,030 for Citywide Mayor
If a candidate agrees to adhere to the City of Santa Clara Voluntary Campaign Expenditure Limit, as stated in Section 2.130.160 of the City Code of the City of Santa Clara, the candidate will be responsible for one-half of the estimated cost of the voter’s guide, Resolution Calling and Giving Notice of a General Municipal Election to be held on November 3, 2026 Page 4 of 5 Rev: 11/22/17
calculated on a pro-rata shared basis per candidate. It is estimated that each candidate is responsible for the following toward the cost of the voter’s guide, which shall be paid at the time of filing of nomination papers to the City of Santa Clara:
• $1,630 for Council District 2
• $1,625 for Council District 3
• $2,015 for Citywide Mayor
If the ultimate cost to the City of the voter’s guide exceeds the estimated amounts, the City will pay the additional costs. If the actual cost is less than the estimation, there will be no refund to the candidate.
Section 6. That pursuant to Section 15651 of the Elections Code of the State of California, the method of determining the winner or winners in the event of a tie vote (two or more persons receive an equal and the highest number of votes for an office) as certified by the County of Santa Clara Registrar of Voter, the City Council of the City Santa Clara, in accordance with Section 15651(a), any tie vote shall be resolved by lot.
Section 7. In all particulars not recited in this resolution, the municipal election shall be held and conducted as provided by law for holding municipal elections.
Section 8. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.
Resolution Calling and Giving Notice of a General Municipal Election to be held on November 3, 2026 Page 5 of 5 Rev: 11/22/17
Section 9. 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 9
th DAY OF JUNE 2026, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
BOB O’KEEFE
CITY CLERK
CITY OF SANTA CLARA
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-456 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Action on Resolution of Intention to Grant a Non-Exclusive Franchise to LS Power Grid California, LLC for the Power the South Bay and Power the Valley Connector Projects and Setting July 7, 2026 as the Public Hearing Date for City Council Action on the Proposed Non-Exclusive Franchise
BACKGROUND
Electric transmission line upgrades are essential for ensuring reliable and sufficient electricity supply for Santa Clara and the greater Bay Area. With electricity usage growing, the electrical grid requires increased capacity to help ensure reliable electric service. The California Independent System Operator (CAISO) is a non-profit Independent System Operator serving California that oversees the operation of California’s bulk electric power system, transmission lines, and electricity market generated and transmitted by its member utilities.
Power the South Bay Project: In 2023, CAISO selected LS Power Grid California, LLC (LS Power) to develop, construct, and operate the Power the South Bay Project which will install a 12-mile highvoltage electric transmission line that will connect the existing Pacific Gas and Electric (PG&E) Newark substation in Fremont, through San Jose, and to the existing Silicon Valley Power (SVP) owned Northern Receiving Station (NRS) substation in Santa Clara (Attachment 1). The Power the South Bay Project is designed as a 230 kilovolt (kV) alternating current (AC) transmission line and will be a combination of overhead and underground systems. In Santa Clara, the project will install an underground electric transmission line along Lafayette Street.
Power the Valley Connector: In April 2026, CAISO selected LS Power to develop, construct, and operate the Power the Valley Connector Project which will install a 7-mile high-voltage electric transmission line between the NRS Substation and Pacific Gas & Electric’s San Jose B Substation near downtown San Jose (Attachment 2). The Power the Valley Connector Project is currently designed as a 230 kilovolt (kV) alternating current (AC) underground transmission systems. In Santa Clara, the project is currently shown to be installed along Lafayette Street, Agnew Road, and Montague Expressway. This alignment is preliminary and coordination with the Department of Public Works and SVP has just begun.
Under Santa Clara City Code (SCCC) Chapter 5.20, a franchise grant, implemented through a franchise agreement approved by the City Council, is required to authorize LS Power to install and maintain transmission lines within the public right-of-way. Granting a franchise to LS Power would authorize the company to install and maintain transmission lines within the City for the Power the South Bay Project and Power the Valley Connector Project (LS Power Projects) and future projects, subject to the terms and conditions of any required encroachment permits.
DISCUSSION
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26-456 Agenda Date: 6/9/2026
Since spring 2023, the Department of Public Works has been coordinating with LS Power and SVP on the future installation and the alignment of the Power the South Bay Project’s proposed underground electric line and vaults within Lafayette Street. In April 2026, LS Power submitted an application to the City to grant LS Power a non-exclusive franchise to install, construct, maintain, and operate underground electric transmission lines in Santa Clara. They have already entered into nonexclusive franchise agreements with both the City of Fremont and City of San Jose. LS Power indicated their strong desire to begin construction of the Power the South Bay Project in July/August 2026 and have the system operational in June 2028 per CAISO’s deadline. For the Power the Valley Connector Project, a preliminary alignment has been identified and coordination on the alignment with the City and SVP has just begun. CAISO’s deadline to complete the Power the Valley Connector Project is June 2030.
Procedure to Grant an Electric Franchise: Chapter 5.20 of the Santa Clara City Code sets forth the procedures applicable for the granting of franchises, including electric franchises. A grant of franchise authorizes companies to use public property, such as streets, sidewalks, or public right-of-way to install and maintain facilities in order to provide specific services. To grant a non-exclusive franchise for the LS Power Projects and support their completion deadline schedules, the following steps are necessary on the dates listed:
· June 9, 2026: Council adopts a resolution of intention to grant a non-exclusive franchise to LS Power for the LS Power Projects and sets a public hearing on July 7, 2026. · July 7, 2026: Council holds a public hearing on the proposed franchise to LS Power and introduces a proposed ordinance granting a franchise to LS Power. · July 14, 2026: Council adopts an ordinance granting a franchise to LS Power. · August 13, 2026: Ordinance granting a non-exclusive franchise to LS Power takes effect (30 days after Council adopted the ordinance).
Proposed Franchise Terms: The proposed non-exclusive franchise to LS Power presented to the Council at the public hearing will include the following key terms:
· The City grants LS Power Grid California, LLC, a non-exclusive franchise to construct, operate, maintain, relocate and remove electric transmission facilities within City right-of-way. · Above-ground facilities are not authorized under the Franchise and would require separate approval.
· LS Power will pay the City an annual fee of 2.3% of the Santa Clara portion of its gross revenue on an annual basis.
· The term of the franchise will be 10 years with automatic renewals for successive 10-year terms up to 40 years.
· Prior to construction of the LS Power Projects, LS Power will obtain Public Works encroachment permits to install their facilities in the public right-of-way. · If this franchise expires, is revoked, or is terminated, LS Power will remove all of their facilities in the public right-of-way upon written notice from the City. · LS Power will maintain their facilities in a good workman-like manner including the pavement and trench that contains their facilities in the public right-of-way. · The City will retain the right to require that LS Power relocate their facilities for any public City project, including, but not limited to, the construction, repair, relocation, or new installation of any above-ground or underground City facility, utility, storm drain, sewer, waterline, or roadway City of Santa Clara Page 2 of 4 Printed on 6/5/2026
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26-456 Agenda Date: 6/9/2026
improvement.
· LS Power will indemnify the City, post faithful performance security and will also provide adequate insurance throughout the duration of the franchise.
If a franchise is granted by the City, construction of the Power the South Bay Project is expected to begin in Summer 2026 (after the 2026 FIFA World cup matches in Santa Clara) and tentatively completed by Summer 2028.
ENVIRONMENTAL REVIEW
The California Public Utilities Commission (CPUC) is the lead agency for the Power the South Bay Project. The CPUC prepared a Final Environmental Impact Report (FEIR) for the Project in accordance with the California Environmental Quality Act. The CPUC granted LS Power Grid California a Certificate of Public Convenience and Necessity (CPCN) and certified the FEIR on March 19, 2026.
The FEIR and Mitigation Monitoring, Compliance, and Reporting Program (MMCRP) are posted on the CPUC’s website at <https://ia.cpuc.ca.gov/environment/info/esa/psb/index.html>.
FISCAL IMPACT
LS Power Grid California will pay the City an annual fee of 2.3% of the Santa Clara portion of its gross revenue on an annual basis, with the first year franchise payment expected to be approximately $175,000. The proposed 2.3% franchise fee was negotiated by the parties, is consistent with the rates charged by San Jose and Fremont, and reflects the fair and reasonable value of the franchise rights being granted.
There is no additional cost to the City, as LS Power will reimburse the City for staff time and expenses necessary to development, approval, administer, implement, and enforce the franchise.
COORDINATION
This report has been coordinated with Silicon Valley Power, the City Manager’s Office, and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
Prior to holding the July 7, 2026 public hearing, notices of the public hearing will be posted in the vicinity of the project site and mailed to neighboring properties, in accordance with City Code requirements.
RECOMMENDATION
1. Adopt a Resolution of Intention to Grant a Non-Exclusive Franchise to LS Power Grid California, LLC for the Power the South Bay and Power the Valley Connector Projects; City of Santa Clara Page 3 of 4 Printed on 6/5/2026
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26-456 Agenda Date: 6/9/2026
2. Set a public hearing date of July 7, 2026 to Consider Granting a Non-Exclusive Franchise to LS Power Grid California, LLC for the Power the South Bay and Power the Valley Connector Projects; and
3. Direct the City Clerk to Publish the Notice Required for the Public Hearing.
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Power the South Bay Project Location Map
2. Power the Valley Connector Project Location Map
3. Resolution
City of Santa Clara Page 4 of 4 Printed on 6/5/2026
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POWER THE SOUTH BAY PROJECT LOC
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Existing SubstationPreliminary New Project TerminalPreliminary Preferred UndergroundCable Route (230kV HVAC)Preliminary Preferred OverheadTransmission Line Route (230kVHVAC)Preliminary Preferred UndergroundCable Route (320kV HVDC)Preliminary Preferred OverheadTransmission Line Route (320kVHVDC) 0 0.5 1
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POWER THE VALEY CONNECTOR PROJECT LOCATION MAP
Existing
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San Jose B
Substation
Resolution/*insert general purpose Page 1 of 2
Rev: 7/27/2023
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
DECLARING ITS INTENT TO GRANT A NONEXCLUSIVE
ELECTRIC FRANCHISE TO LS POWER GRID CALIFORNIA LLC,
SETTING A PUBLIC HEARING FOR JULY 7, 2026, AND
DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF THE
PUBLIC HEARING
WHEREAS, under Chapter 5.20 of the Santa Clara Municipal Code the City of Santa Clara (“City”) is empowered to grant electric franchises by ordinance to any person to use, or to construct and use, poles, wires, conduits, and appurtenances for transmitting and distributing electricity for any purpose; and
WHEREAS, LS Power Grid California, LLC (the “Applicant”), has submitted an application to the City Council for a non-exclusive, 10-year electric franchise to install, construct, maintain and operate underground pipes and transmission facilities and appurtenances, to transmit highvoltage electricity and provide electric interconnections, within the City of Santa Clara’s (“City”) public rights-of-way; and
WHEREAS, The Applicant has been selected by the California Independent System Operator (“CAISO”) (a non-profit public benefit corporation that operates a competitive wholesale electricity market and manages the majority of California’s wholesale electric power grid), to develop, construct, and operate two high-voltage direct current transmission line projects to improve electric reliability in the South Bay – the “Power the South Bay Project” and the “Power the Valley Connector Project”; and
WHEREAS, the Applicant’s franchise application is part of the Power the South Bay Project and Power the Valley Connector Projects approved by CAISO and will result in infrastructure upgrades that are essential for ensuring a reliable and sufficient electricity supply for the City and the South Bay; and
WHEREAS, Applicant has agreed to pay the required franchise fee for the duration of the franchise, to reimburse the City for costs for application review, permit issuance, Resolution/*insert general purpose Page 2 of 2
Rev: 7/27/2023
inspections and approvals, and to coordinate future joint projects with the City that support clean and renewable energy initiatives; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That The City Council hereby declares its intention to grant an electric franchise to Applicant LS Power Grid California, LLC to operate within the City for a term of 10 years for the purpose of transmitting electric service in the City’s public rights-of-way.
2. NOTICE IS HEREBY GIVEN that on July 7, 2026, at the hour of 7 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers of the City of Santa Clara, 1500 Warburton Ave, Santa Clara, California, is fixed as the time and place or a public hearing to hear any objections to the granting of the franchise.
3. The City Clerk is hereby directed to give notice of the above-mentioned public hearing pursuant to Chapter 5.20.050 of the Santa Clara Municipal Code, by publication.
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. None
S:\Attorney\RESOLUTIONS\Form Resolution-City.doc
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-570 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Action to Authorize the Use of City Electric Forces for Dark Fiber Work From 3031 Corvin Drive to 2401 Walsh Avenue, With an Estimated Cost of $1,169
BACKGROUND
Section 1310 of the Santa Clara City Charter (Contracts on Public Works) states “that every contract involving an expenditure of more than one thousand dollars ($1,000) for the construction or improvement (excluding maintenance and repair) of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds shall be let to the lowest responsible bidder.” The section further states that “the City Council may declare and determine that, in its opinion, the work in question may be performed better or more economically by the City with its own employees, and after the adoption of a resolution to this effect by at least four affirmative votes, it may proceed to have said work done in the manner stated, without further observance of the provisions of this section.” Silicon Valley Power (SVP) currently employs two Fiber Splicing Technicians to primarily perform maintenance and repairs to meet the performance standards of fiber customers, which includes City departments and commercial customers. Fiber Splicing Technician activities include basic splicing and distribution changes to fiber optic cables; pulling, laying, aligning, and positioning fiber optic equipment for new connections to SVP’s fiber network; and performing fusion splicing at building entrances and in maintenance spaces.
DISCUSSION
Currently, the SVP fiber optic network serves SVP, other City departments, and various commercial customers. The Fiber Splicer Technician performs a variety of specialized activities from maintenance and repair to new or re-spliced interconnections to SVP’s network. Each interconnection can be unique, involving different hours of labor depending on the number of fibers required to be spliced and the particular location within the network.
Large or extensive projects involving extending fiber cable being laid along new paths or significant distances or adding conduit or related infrastructure are performed by a construction contractor through a public works contract. SVP spends up to $1 million per year on these public works contracts.
Staff believes that the work described below is better performed with City forces based upon the following factors: (1) the work is limited in size and scope; (2) City forces have knowledge and training in operating, maintaining and repairing the fiber optic system that can be leveraged to more economically perform this work; and (3) bidding out the work and contracting with a private entity would not likely result in a lower overall cost or time savings.
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26-570 Agenda Date: 6/9/2026
Therefore, staff recommend that the City Council declare and determine that City forces can better perform the following fiber optic projects and approve the use of City forces for such projects:
Estimate Number: FWM#01836
Location: 3031 Corvin Drive to 2401 Walsh Avenue
Type of Service: Fiber
Description of Work: Decommission existing dark fiber route from 3031 Corvin Drive to 2401 Walsh Avenue.
Estimated Cost: $1,169
Appropriation: Electric Utility Capital Fund (591) Project 2004 - Fiber Development Design & Expansion
Source of Revenue: Customer/Developer Contribution
ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the action being considered is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15301 (Class 1 - Existing Facilities) of Title 14 of the California Code of Regulations, as the proposed work consists of the decommissioning of existing small fiber optic facilities.
FISCAL IMPACT
The funds to support the staff time for work performed by Silicon Valley Power (SVP) and related construction materials for the work detailed in this report, totaling $1,169, are included in the Fiscal Year 2025/26 Budget, Fiber Development, Design, and Expansion capital project (CIP 2004) in the Electric Utility Capital Fund. All referenced work will be performed with City Electric Forces (SVP staff). Some work associated with encroachment permits may be performed by the Department of Public Works (DPW). DPW costs are recovered through payment of permit fees.
COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
1. Determine the proposed action is exempt from CEQA pursuant to Section 15301 (Class 3 - Existing Facilities) of Title 14 of the California Code of Regulations; and
2. Declare and determine in accordance with Section 1310 of the City Charter that the public work with an estimated cost of $1,169, located from 3031 Corvin Drive to 2401 Walsh Avenue, is better performed by the City with its own employees based on the information set forth in this Report to Council and authorize the performance of this public work consistent with this authorization.
Reviewed by: Nico Procos, Director of Silicon Valley Power City of Santa Clara Page 2 of 3 Printed on 6/5/2026
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26-570 Agenda Date: 6/9/2026
Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Page 3 of 3 Printed on 6/5/2026
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-371 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Action on Final Map for Tract No. 10593 at 1530 and 1540 Pomeroy Avenue to Merge the Two Existing Parcels into One 0.48 Acre Lot for Condominium Purposes (11 townhomes)
BACKGROUND
Ridgecrest Group Inc (Developer) on behalf of Masud Maesumi et al. (Owner) is currently in the process of redeveloping the property at 1530 and 1540 Pomeroy Avenue (Property) with 11 townhomes (Project) on a 0.48 acre site. The Project was approved at the City’s Development Review Hearing on May 14, 2025. Additionally, on September 23, 2025, the City Council approved a Vesting Tentative Map for the Project to merge the two existing parcels into one parcel and create a one-lot subdivision for condominium purposes for 11 townhomes and a common area. A Final Map for Tract No. 10593 is required to be filed by the Owner as part of the Project.
DISCUSSION
The Final Map for Tract No. 10593 merges two parcels into one lot for condominium purposes (11 units). The Final Map has been reviewed by staff and meets the approved Vesting Tentative Map requirements. The Conditions, Covenants, and Restrictions (CC&R’s) have been reviewed and approved by the Community Development Department, City Engineer and the City Attorney’s Office.
ENVIRONMENTAL REVIEW
The potential environmental impacts of the Project were addressed in the Mitigated Negative Declaration (MND) prepared for the Project. The MND was originally approved at the City’s Development Review Hearing on August 18, 2021. An Addendum to the MND was approved at the City’s Development Review Hearing on May 14, 2025.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.
COORDINATION
This report has been coordinated with the Community Development Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
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26-371 Agenda Date: 6/9/2026
RECOMMENDATION
1. Approve the Final Map for Tract No. 10593;
2. Authorize the City Manager to make minor modifications, if necessary, prior to recordation; and
3. Authorize the recordation of the Final Map for Tract No. 10593, which merges two parcels into one lot for condominium purposes located at 1530 and 1540 Pomeroy Avenue [APN 290-02-097 & 290-02-096 (2025-26)].
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Final Map for Tract No. 10593
City of Santa Clara Page 2 of 2 Printed on 6/5/2026
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LS 8998
C59554
ANNE-SOPHIE
TRUONG
D:\OS\Jacob\Jacob Projects\533 - Pomeroy Ave\Subdivision Map\Tract Map 10593_Apr 2026.dwg, 4/23/2026 5:01:03 PM, AutoCAD PDF (General Documentation).pc3
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE, OR INTEREST IN AND TO THE REAL PROPERTY INCLUDED WITH THE SUBDIVISION SHOWN UPON THE HEREIN MAP; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID REAL PROPERTY; THAT WE
HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE AND ALL DEDICATIONS AND OFFERS OF DEDICATION THEREIN.
WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA CLARA AN EXCLUSIVE EASEMENT, IN, ON, OVER, UNDER, ALONG ANO ACROSS THOSE CERTAIN STRIPS OF LANO DESIGNATED ANO DELINEATED HEREON AS "U.G.E.E." {UNDERGROUND ELECTRICAL EASEMENT) FOR THE PURPOSE OF CONSTRUCTING ANO RECONSTRUCTING,
INSTALLING, OPERATING, MAINTAINING, REPAIRING, ANO/OR REPLACING UNDERGROUND ELECTRICAL DISTRIBUTION ANO/OR COMMUNICATION SYSTEMS, ANO APPURTENANCES. THE ABOVE MENTIONED UNDERGROUND ELECTRICAL EASEMENT SHALL BE KEPT OPEN AND FREE FROM TREES, BUILDINGS AND STRUCTURES OF ANY KIND EXCEPT IRRIGATION SYSTEMS, APPURTENANCES THERETO, AND LAWFUL FENCES. NO PRIVATE OR OTHER PUBLIC UTILITIES SHALL BE PLACED IN THE "U.G.E.E" EXCEPT FOR PURPOSE OF CROSSING, AND EXCEPT THOSE UTILITIES SHOYl'N ON THE PLANS REVIEWED AND APPROVED BY THE CITY OF SANTA CLARA IN CONJUNCTION WITH THIS SUBDIVISION. THE CITY SHALL HAVE RIGHT OF ACCESS ACROSS
AND/OR ALONG THE ADJOINING PROPERTY FOR THE PURPOSE OF MAINTAINING, REPLACING, ADDING TO, OR REMOVAL OF ITS FACILITIES. THE UNDERGROUND UTILITIES INCLUDING CABLE AND TELEPHONE BEING CONSTRUCTED UNDER REVIEW ENCROACHMENT PERMIT ARE APPROVED AND ACCEPTABLE WITHIN THE "U.G.E.E."
WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA CLARA AN EASEMENT FOR EMERGENCY VEHICLE ACCESS PURPOSES ON, ALONG, ACROSS AND OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED HEREON AS "E.V.A.E." (EMERGENCY VEHICLE ACCESS EASEMENT). SAID EASEMENT SHALL BE KEPT FREE ANO
CLEAR OF OBSTRUCTION OF ANY KIND, AND SHALL BE MAINTAINED BY PROPERTY OWNERS SUCH THAT THE SURFACE SHALL SUPPORT EMERGENCY VEHICLE USE.
WE ALSO HEREBY DEDICATE TO THE CITY OF SANTA CLARA AN EASEMENT FOR THE CONSTRUCTION ANO MAINTENANCE, ANO PUBLIC USE OF A SIDEWALK WITHIN THE STRIP OF LANO DESIGNATED ANO DELINEATED HEREON AS S.W.E. (SIDEWALK EASEMENT). SAID EASEMENT SHALL BE KEPT OPEN AND FREE FROM BUILDINGS ANO STRUCTURES OF ANY KIND EXCEPT UNDERGROUND PUBLIC UTILITY STRUCTURES, IRRIGATION SYSTEMS, ANO APPURTENANCES THERETO THAT 00 NOT INTERFERE WITH THE PURPOSES OF THE EASEMENT.
WE ALSO HEREBY RESERVE AN EASEMENT FOR INGRESS AND EGRESS PURPOSES ON, ALONG AND OVER THOSE CERTAIN STRIPS OF LAND DESIGNATED AND DELINEATED HEREON AS "P.1.E.E: (PRIVATE INGRESS, EGRESS EASEMENT). SAID EASEMENT SHALL BE KEPT FREE AND CLEAR OF OBSTRUCTION OF ANY KIND. SAID EASEMENT IS NOT OFFERED, NOR IS IT ACCEPTED FOR DEDICATION BY THE CITY OF SANTA CLARA.
WE ALSO HEREBY RESERVE AN EASEMENT FOR FIRE LANE PURPOSES ON, ALONG AND OVER THOSE CERTAIN STRIPS OF LANO DESIGNATED ANO DELINEATED HEREON AS "F.L.E." (FIRE LANE EASEMENT). SAID EASEMENT SHALL BE KEPT FREE AND CLEAR OF OBSTRUCTION OF ANY KIND. SAID EASEMENT IS NOT OFFERED, NOR IS IT ACCEPTED FOR DEDICATION BY THE CITY OF SANTA CLARA.
AS OWNER:
OMIO SHAKERI FOR POMEROY INVESTMENT GROUP LLC.
BY:
___________ _
NAME: OMID SHAKERI
ITS: POEMROY INVESTMENT GROUP LLC
TRACT NO. 10593
ONE LOT SUBDIVISION FOR
CONDOMINIUM PURPOSES
ELEVEN (11) RESIDENTIAL CONDOMINIUM UNITS
CONSISTING OF 3 SHEETS
BEING A PORTION OF QUITO RANCHO
BEING THE LANDS DESCRIBED IN THAT CERTAIN QUITCLAIM
DEED, RECORDED ON APRIL 17, 2019 AS DOCUMENT NO.
24157350 AND THE LANDS DESCRIBED IN THAT CERTAIN
GRANT OEED, RECOROEO ON OCTOBER 9 , 1984 AS
DOCUMENT NO. 8211443, OFFICIAL RECORDS OF SANTA
CLARA COUNTY
LYING ENTIRELY WI THIN THE
CITY OF SANTA CLARA, SANTA CLARA COUNTY, CALIFORNIA
DA TE: APRIL 2026
ADVANCED DEVELOPMENT
CIVIL ENGINEERING SURVEYING PLANNING
2933 BENJAMIN COURT, SAN JOSE, CA 95124
(408) 891-1689
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY or THE INDIVIDUAL 'M-10 SIGNED THE DOCUMENT TO 'M-IICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY. OR VALIDITY Of THAT DOCUMENT STATE OF CALIFORNIA )SS.
COUNTY OF ____ _,
ON _____ 20 _ BEFORE ME, _________ A NOTARY PUBLIC,
PERSOOALL Y APPEARED
\\l<O PROVED TO ME ON THE BASIS OF SATISFACTORY EV,OENCE TO BE THE PERSON(S) \\l<OSE NAME(S) IS/ARE SUBSCRIBED TO THE 'MTHIN INSTRUMENT AND ACKNO'M..EOGEO TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF \\l<ICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNOER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
'MTNESS MY HAND: SIGNATURE: _____________ _
PRINTED NAME:
___________ _
PRINCIPAL COUNTY OF BUSINESS: ______ _
COMMISSION NUMBER: __________ _ COMMISSION EXPIRATION DA TE:
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY or THE INDIVIDUAL 'M-10 SIGNED THE OOCUt.lENT TO 'M-IICH THIS CERTIFICATE IS ATTACHED, ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY Of THAT OOCUt.lENT STATE OF CALIFORNIA )SS.
COUNTY OF ____ _,
ON _____ 20 _ BEFORE ME, _________ A NOTARY PUBLIC,
PERSOOALL Y APPEARED
\\l<O PROVED TO ME ON THE BASIS OF SATISFACTORY EV,OENCE TO BE THE PERSON(S) \\l<OSE NAME(S) IS/ARE SUBSCRIBED TO THE "1THIN INSTRUMENT ANO ACKNO"'-EOGEO TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/ THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY HIS/HER/ THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF \\l<ICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
"1TNESS MY HAND: SIGNATURE: _____________ _
PRINTED NAME:
___________ _
PRINCIPAL COUNTY OF BUSINESS: ______ _
COMMISSION NUMBER: __________ _ COMMISSION EXPIRATION DA TE:
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED ON A FIELD SURVEY IN CONFORMANCE V.TH THE REQUIREMENTS OF THE SUBOMSION MAP ACT ANO LOCAL ORDINANCE AT THE REQUEST OF MASUO MAESUMI ON JUNE 6, 2023.
I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED
OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, ANO THE SURVEY IS TRUE
AND COMPLETE AS SHOWN, THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR THAT THEY Will BE SET IN THOSE POSITIONS ON OR BEFORE JANUARY 31, 2027, ANO THAT THE MONUMENTS ARE OR Will BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
DATE YAGHOUB SAIOIAN
R.C.E. No. 33509
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THE HEREON FINAL MAP ANO I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT.
DATE ANNE-SOPHIE TRUONG
P.L.S. No. 8998
ACTING CITY SURVEYOR
CITY OF SANTA CLARA
(CSG CONSULTANTS, INC.)
CITY ENGINEER'S STATEMENT
I HEREBY ST A TE THE HEREON FINAL MAP OF TRACT NO. 10593:
(1) HAVE EXAMINED THIS MAP.
(2) THE SUBDIVISION AS SHOYl'N IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE VESTING TENTATIVE MAP AND ANY APPROVED Al TERATIONS THEREOF. (3) All PROVISIONS ANO CHAPTER 2 OF THE SUBDIVISION MAP ACT ANO ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING TENTATIVE MAP
HAVE BEEN COMPLIED WITH
DATE MICHAEL JACK LIW
R.C.E. No. 59554
CITY ENGINEER CITY OF SANTA CLARA
CITY CLERK'S STATEMENT
I HEREBY STATE THAT ON MAY 10, 2022, THE CITY COUNCIL OF THE CITY OF SANTA CLARA, CALIFORNIA, 010 APPROVE THE VESTING TENTATIVE MAP OF THIS SUBDIVISION ANO ON =TH~E~P~U~B~Ll7C~A~LL~EA.,,.SE~~NT DE~PcAA;6~~1E~:~E61Nti ~A6ot~io~c~v~pi~i::t'tF ~AID MAP ANO IN CONFORMITY 'MTH THE TERMS OF THE OFFER OF DEDICATION MADE HEREON. DATE NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA, CALIFORNIA
COUNTY RECORDER'S STATEMENT
FILED THIS ___ DAY OF ________ 20__, AT ___ M.
IN BOOK ___ OF MAPS, AT PAGES ____ SANTA CLARA COUNTY RECORDS, AT THE REQUEST OF FIDELITY NATIONAL TITLE COMPANY.
FILE NO. ____ _
SAM22-0002 / PLN21-15320
LOUIS CHIARAMONTE
COUNTY RECORDER
SANTA CLARA COUNTY, CALIFORNIA
BY:
_________ _
DEPUTY
SH EET 1 OF 3
D:\OS\Jacob\Jacob Projects\533 - Pomeroy Ave\Subdivision Map\Tract Map 10593_Apr 2026.dwg, 4/22/2026 4:07:17 PM, PDF-XChange Standardaaaaaaa.pc3
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFlCA TE IS ATTACHED. ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT STA TE OF CALIFORNIA )SS.
COUNTY OF _____ )
ON _____ 20 _ BEFORE ME, _________ A NOTARY PUBLIC,
PERSONALLY APPEARED
WHO PROVED TO •E ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NA•E(S) IS/ARE SUBSCRIBED TO THE V.,THIN INSTRU•ENT ANO ACKNOWLEDGED TO •E THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CORRECT.
V.,TNESS MY HAND: SIGNATURE: _____________ _
PRINTED NAME: PRINCIPAL COUNTY OF BUSINESS: _______ _
COMMISSION NUMBER: COMMISSION EXPIRATION DATE: _______ _
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY Of" THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY Of THAT DOCUMENT STATE OF CALIFORNIA )SS.
COUNTY Of ____ _,
ON ~-~== 20 __. BEFORE ME, _________ A NOTARY PUBLIC,
PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE V.,THIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SIHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY HIS/HER/THEIR SIGNATURE($) ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRU•ENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
YAlNESS MY HANO:
SIGNATURE: _____________ _
PRINTED NAME:
___________ _
PRINCIPAL COUNTY Of BUSINESS:
COMMISSION NUMBER: __________ _ COMMISSION EXPIRATION DA TE:
TRACT NO. 10593
ONE LOT SUBDIVISION FOR
CONDOMINIUM PURPOSES
ELEVEN (11) RESIDENTIAL CONDOMINIUM UNITS
CONSISTING OF 3 SHEETS
BEING A PORTION OF QUITO RANCHO
BEING THE LANDS DESCRIBED IN THAT CERTAIN QUITCLAIM
DEED, RECORDED ON APRIL 17, 2019 AS DOCUMENT NO.
24157350 AND THE LANDS DESCRIBED IN THAT CERTAIN
GRANT DEED, RECORDED ON OCTOBER 9, 1984 AS
DOCUMENT NO. 821 1443, OFFICIAL RECORDS OF SANTA
CLARA COUNTY
LYING ENTIRELY WITHIN THE
CITY OF SANTA CLARA, SANTA CLARA COUNTY, CALIFORNIA
DA TE: APRIL 2026
ADVANCED DEVELOPMENT
CIVIL ENGINEERING SURVEYING PLANNING
2933 BENJAMIN COURT, SAN JOSE, CA 95124
(408) 891-1689
BENEFICIARY'S STATEMENT
WASHINGTON MUTUAL BANK, FA, UNDER THAT CERTAIN DEED OF TRUST, RECORDED APRIL 23, 2004, AS DOCUMENT NO. 17739954, OFFICIAL RECORDS OF SANTA CLARA
COUNTY, ENCUMBERING THE LANO HEREIN SHOWN, HEREBY CONSENTS TO THE MAKING ANO FILING OF THIS MAP.
BY:
NAME:
ITS: __________ _
BENEFICIARY'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIF'ICATE VERIF'IES ONLY THE IDENTITY or THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO 'M-IICH THIS CERTIF'ICA TE IS ATTACHED. ANO NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT STATE OF CALIFORNIA )SS.
COUNTY OF ____ _,
ON _____ 20 _ BEFORE ME, _________ A NOTARY PUBLIC,
PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE V.,THIN INSTRUMENT ANO ACKNO"'-EDGED TO ME THAT
HE/SIHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON($), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($) ACTED, EXECUTED THE INSTRU•ENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HANO:
SIGNATURE:
PRINTED NAME:
___________ _
PRINCIPAL COUNTY Of BUSINESS: _______ _
COMMISSION NUMBER: COMMISSION EXPIRATION DA TE:
GEOTECHNICAL REPORT
A SOILS REPORT WAS PREPARED BY BAGG ENGINEERS, DATED JUNE 28, 2022, PROJECT NO. MAESU-07-00, SIGNED BY JASON VAN ZWOL, GE, AND HAS BEEN FILED WITH THE BUILDING AND INSPECTION DIVISION OF HE CITY OF SANTA CLARA COMMUNITY DEVELOPMENT DEPARTMENT.
BENEFICIARY'S STATEMENT U.S. BANK, N.A., UNDER THAT CERTAIN DEED OF TRUST, RECORDED SEPTEMBER 9, 2015, AS DOCUMENT NO. 23075240, OFFICIAL RECORDS OF SANTA CLARA COUNTY,
ENCUMBERING THE LAND HEREIN SHOWN, HEREBY CONSENTS TO THE MAKING ANO FILING OF THIS MAP.
BY: NAME:
ITS:
BENEFICIARY'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE '¥£RIFIES ONLY THE IDENTITY or THE INOIVIOUAL WHO SIGNED THE DOCUMENT TO 'M--IICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY Of THAT DOCUMENT STATE OF CALIFORNIA )SS.
COUNTY Of ____ _,
ON _____ 20 _ BEFORE ME, _________ A NOTARY PUBLIC,
PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON($) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE V.,THIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SA•E IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), ANO THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRU•ENT.
I CERTIFY UNDER PENALTY Of PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE ANO CORRECT.
WITNESS MY HAND:
SIGNATURE: _____________ _
PRINTED NAME:
___________ _
PRINCIPAL COUNTY Of BUSINESS:
COMMISSION NUMBER: __________ _
co••IssI0N EXPIRATION DA TE:
SAM22-0002 / PLN21-15320 SHEET 2 OF 3
/2 7
D:\OS\Jacob\Jacob Projects\533 - Pomeroy Ave\Subdivision Map\Tract Map 10593_Apr 2026.dwg, 4/22/2026 4:07:48 PM, PDF-XChange Standardaaaaaaa.pc3 CONC BASE, IN MON '°6
FD BRASS PIN IN ]~
BOX PER (R4) C) ~.
"}>~ ......
-------------------------------------.-~=~--==~=~=~~------- l"T\r·!i.~o '--RIGHT OF WAY LINE PER PARCEL MAP (R3) r "}> 'e>,.
POMEROY AVENUE
(N0014"00"W)R2,R3 BASIS OF 8
NORTH 647. 76"(CALC). (647. 73')R1.R2 (647.92')R3
NORTH 311.79' (R1) NORTH 496.25' (CALC) - --- 186.79' - --- - - --- - --- - 125.00" --- - --- - -----3¥(- 335.97'(cALC) (335.94 PEif'(ITT)f - ( 1"'-1 W 5.00' EXCEPTION PER 5.00' EXCEPTION PER • I FD BRASS PIN c::,I~ :i DOC. 8211«3 (01) DOC. 24157350 (D2) ~I. IN MON BOX PER "'c:T""---v'---,....:.:.=:;,,;.::;;;,;==°il=1.... ____ -'~i,I-"{-~-= -\-~----~~'--· • g (Rl,R2,R3,&R4) I" NORTH 251. 79'(01,02)
186.79
FORMER RIGHT
OF WAY
LANDS OF PASCUAL
DOC NO. 1494984 7
6.00' WIDE
F.L.E. & P.S.O.E.
I
I I I I I
I.
I~
I I I I
I
II
I
6.00"
~:;:L
17 00'
NORTH
"'"' I I ""' ~:2 I I ~:2 C i.J C
I I I oii I
I w I
I llil
21.00·-1,•-w-.-••-1:
I w I~
21,000 SQ.FT.± ~I
0.482 ACRES±
DOC NO. 8211443
~I
I I I I I I
w
< >
w
DOC NO.
24157350
NORTHJ I~
7 I
I I I
6.00'
8l1a.oo·
g ~I tn lw
6.00' \\1DE
F.L.E. & P.S.D.E.
j_
8 g LOT 1 TRACT NO. 1313
50-M-16
L NORTH_J
-l.-------------v---~~~~~L--N-OR_TH_3_9."'oo~· --~1
~
8 •
0 ~
0 ~· ~~----!!)) 65.00'(D1) 60.00' (R1 ,D2)
LANDS OF NAM
DOC NO. 23995573
LOT 13
TRACT NO. 1313
50-M-16
LOT 12
TRACT NO. 1313
50-M-16
LOT 2
TRACT NO. 1313
50-M-16
LOT 11
TRACT NO. 1313
50-M-16
<mI.-n'/l-. ? '-"-
SCALE: 1"=20' BERGIN PLACE
0 20 40 60
TRACT NO. 10593
ONE LOT SUBDIVISION FOR
CONDOMIN IUM PURPOSES
ELEVEN (11) RESIDENTIAL CONDOMINIUM UNITS
CONSISTING OF 3 SHEETS
BEING A PORTION OF QUITO RANCHO
BEING THE LANDS DESCRIBED IN THAT CERTAIN QUITCLAIM
DEED, RECORDED ON APRIL 17, 2019 AS DOCUMENT NO.
24157350 AND THE LANDS DESCRIBED IN THAT CERTAIN
GRANT DEED, RECORDED ON OCTOBER 9, 1984 AS
DOCUMENT NO. 8211443, OFFICIAL RECORDS OF SANTA
CLARA COUNTY
LYING ENTIRELY WITHIN THE
CITY OF SANTA CLARA, SANTA CLARA COUNTY, CALIFORNIA
SCALE: 1" = so· DA TE: APRIL 2026
ADVANCED DEVELOPMENT
CIVIL ENGINEERING SURVEYING PLANNING
2933 BENJAMIN COURT, SAN JOSE. CA 95124
(408) 891-1689
BASIS OF BEARINGS
THE BEARING TAKEN AS NORTH, ALONG THE CENTERLINE OF POMEROY
AVENUE, BETWEEN FOUND MONUMENTS AT CALABAZAS BOULEVARD AND GRANADA AVENUE SHOWN AS N00i4'00"W UPON THAT CERTAIN
SUBDIVISION MAP ENTITLED "TRACT NO. 2908, KENTWOOD PARK", FILED FOR RECORD IN BOOK 140 OF MAPS AT PAGE 31, SANTA CLARA
COUNTY RECORDS.
NOTES
1. ALL DISTANCES ANO DIMENSIONS ARE IN FEET ANO DECIMALS THEREOF.
2. THE DISTINCTIVE BORDER DENOTES THE BOUNDARY OF SUBDIVISION BY THIS MAP AND CONTAINS 21,000 SQUARE FEET OR 0.482
ACRES, MORE OR LESS.
REFERENCED DOCUMENT
R1 TRACT NO. 1313, BOOK 50 MAPS PAGES 16 & 17
R2 TRACT NO. 2908, BOOK 140 MAPS PAGE 31 R3 PARCEL MAP, BOOK 295 MAPS PAGE 22 R4 TRACT NO. 7088, BOOK 493 MAPS PAGES 3 & 4 D1 DOC. NO. 8211443 (LANDS OF PASCUAL)
D2 DOC. NO. 24157350 (LANDS OF MAESUMI REVOCABLE TRUST) LEGEND
0 0
( )
FD
IP
3/4" IRON PIPE SET & TAGGED "RCE 33509", FLUSH
FOUND MONUMENT, AS NOTED ON MAP DENOTES RECORD DATA PER NOTED REFERENCED DOCUMENT FOUND
IRON PIPE
----- DISTINCTIVE BORDER LINE
----- ADJOINING PROPERTY LINE
--- -- CENTERLINE
- - - EASEMENT LINE
------ TIE LINE
ABBREVIATIONS
E.V.A.E.
S.W.E.
U.G.E.E.
P.1.E.E.
F.L.E.
EMERGENCY VEHICLE ACCESS EASEMENT
SIDEWALK EASEMENT
UNDERGROUND ELECTRICAL EASEMENT
PRIVATE INGRESS/EGRESS EASEMENT
FIRE LANE EASEMENT
SAM22-0002 / PLN21-15320 SHEET 3 OF 3
7 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-461 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Action on a Letter of Support for AB 2231 (Ahrens): California Environmental Quality Act: Hospital Projects
BACKGROUND
On October 9, 2018, the City Council adopted Resolution No. 18-8611 to approve a Legislative Advocacy Position (LAP) Policy. The LAP Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, State, and federal levels of government and to provide guidance for City officials who serve on regional, State, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
The LAP Policy provides that, “If a Council policy relative to the legislation does not exist, the issue is politically controversial, or there is significant local interest in the issue, the proposed legislation including a recommendation to support, remain neutral, or not support the legislation is brought to Council for consideration.”
In mid-April, the City received a request from Sutter Health (Sutter) to provide a letter of support for AB 2231 (Ahrens): California Environmental Quality Act: Hospital Projects. The original bill language for AB 2231, which was introduced by Assembly Member Patrick Ahrens, provided California Environmental Quality Act (CEQA) exemptions for two specific hospital projects located in the City of Santa Clara and the City of Emeryville.
AB 2231 was approved on April 20, 2026 by the Assembly Natural Resources Committee with amendments. AB 2231 (Attachment 1), as amended on April 22, 2026, would no longer provide CEQA exemptions, but would instead establish streamlined procedures for the administrative and judicial review of the environmental review and approvals granted for an environmental leadership hospital campus project in the City of Emeryville or in the City of Santa Clara. The measure was referred to the Assembly Appropriations Committee for consideration. On May 11, 2026, the bill passed the Assembly and was ordered to the Senate. AB 2231 has completed its first reading in the Senate and has been sent to the Committee on Rules for assignment.
Staff reviewed the amended bill against the LAP Policy and adopted LAPs and could not determine clear alignment that would allow support outside of full City Council authorization. In accordance with the LAP Policy, the request is presented to the City Council for action.
City of Santa Clara Page 1 of 6 Printed on 6/5/2026
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26-461 Agenda Date: 6/9/2026
DISCUSSION
In November 2025, Sutter Health announced plans to build a new hospital on a 13.6-acre site near Levi’s Stadium in Santa Clara and a new parking garage on an adjacent 13.1 acre parcel (collectively, the “Hospital Project”). The Hospital Project proposes to build an eight-story hospital at 2831 and 2841 Mission College Blvd., replacing the two vacant 4-story buildings at that location. A new 8-story parking garage would replace a surface level parking lot at 2811 and 2821 Mission College Blvd. On February 9, 2026, Sutter Health submitted planning applications to allow for the Proposed Hospital Project, which includes a General Plan Amendment, Zoning Amendment, Conditional Use Permit, and Architectural Review Permit. The planning applications are under review by the City.
The Hospital Project proposes to develop an approximately 850,000-square-foot hospital that would feature:
· 302 licensed beds in private patient rooms
· A surgical department with 10 operating rooms
· A full-service emergency department
· A 22-bed intensive care unit
· 16 labor, delivery and recovery suites and 42 perinatal rooms · 10 advanced operating rooms
· Imaging services would include 2 MRI units, 3 CT scanners, 4 ultrasound rooms, 2 radiography/fluoroscopy rooms, and 2 gastrointestinal endoscopic procedure rooms · A clinical laboratory, inpatient pharmacy, cafeteria and café, administration, central utility plant, receiving and central supply areas, and a loading dock
· Environmentally responsible building design
· A rooftop helipad for emergency air medical services
· Access for community and community physicians
The location of the proposed Hospital Project is an area that is underserved by health systems.
Currently, area residents must travel 20 minutes or more to reach the nearest hospital. As the local population continues to grow and age, the demand for hospital and outpatient services will increase.
The proposed Hospital Project will bridge this gap in care, bringing vital lifesaving services closer to where people in Silicon Valley live and work. The proposed Hospital Project will also create new jobs and boost the local economy, delivering both health and opportunity to the community. Sutter’s new care facilities, including the proposed Hospital Project in the Greater Silicon Valley region are projected to support more than 5,000 jobs once fully open by 2031, including more than 3,000 direct Sutter employee and clinician positions.
AB 2231
AB 2231 aims to expedite the CEQA administrative and judicial review process for the Sutter Health hospital projects in the cities of Santa Clara and Emeryville by requiring courts to resolve lawsuits within 270 days, to the extent feasible.
As amended, the bill would require the City Council of the City of Emeryville or of City of Santa Clara, as the lead agency for the environmental leadership hospital campus project, to certify the proposed Hospital Project for the streamlined judicial review, if it finds the project will meet certain conditions, City of Santa Clara Page 2 of 6 Printed on 6/5/2026
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26-461 Agenda Date: 6/9/2026
including:
· The project will result in an investment of at least $1 billion in California upon completion of the construction.
· The project will not result in any net additional greenhouse gas emissions, as specified. · The project applicant will enter into a legally binding and enforceable community benefits agreement with the City that may include, but is not limited to, any of the following mitigation measures:
o All new buildings within the project will use electricity for the buildings’ energy needs. o The energy demand of the project will be met by carbon-free energy resources. o The project will provide an amount of zero-emission vehicle charging stations that meets or exceeds the amount required by law and will provide charging for zeroemission vehicles free of charge. o Improvements to public transportation operations and service, such as the purchase of zero-emission buses or technology investments.
· The project will achieve a reduction in vehicle miles traveled per capita of at least 15% compared to existing development.
· The project will obtain certification as LEED Gold standard, or better for all new construction that is eligible for LEED certification, from the United States Green Building Council. · The project applicant will, before the completion of the project, certify to the City that the applicant has completed a health impact review by the Attorney General and will comply with any resulting conditions issued by the Attorney General. This requirement does not apply to a contractor or subcontractors performing work that is subject to a project labor agreement. · The project will generate at least 500 jobs during construction. · The project creates high-wage, highly skilled jobs that pay prevailing wages and living wages, employs a skilled and trained workforce, provides construction jobs and permanent jobs for Californians, and helps reduce unemployment.
· The project applicant demonstrates compliance with specified recycling requirements. · The project applicant agrees that all mitigation measures required by CEQA and any other environmental measures required by the bill become binding conditions of approval, will be monitored for the life of the project, and will provide annual reporting. · The project applicant agrees to pay the costs of the trial court and the court of appeal in hearing on deciding any case subject to this bill.
· The project application agrees to pay the costs of preparing the record of proceedings for the project concurrently with review and consideration of the project.
AB 2231 would also require the Judicial Council, on or before July 1, 2027, to adopt rules of court establishing procedures requiring actions or proceedings seeking judicial review of the certification of an environmental impact report for an environmental leadership hospital campus project or the granting of any project approval, including any appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 calendar days of the filing of the certified record of proceedings with the court. The bill would require the lead agency to concurrently prepare the record of proceedings with the environmental review.
At the time of the April 20, 2026 Assembly Committee on Natural Resources, supporters of AB 2231 included: Bay Area Council, California Asian Pacific Chamber of Commerce, California Chamber of City of Santa Clara Page 3 of 6 Printed on 6/5/2026
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26-461 Agenda Date: 6/9/2026
Commerce, Civil Justice Association of California, Contra Costa County, Oakland Metropolitan Chamber of Commerce, Private Essential Access Community Hospitals, San Francisco Bay Area Planning and Urban Research Association (SPUR), Silicon Valley Leadership Group, and Sutter Health.
Opposition to AB 2231 at the time included: Planning and Conversation League (if amended), and Western Electrical Contractors Association.
CEQA and Streamlining Efforts
CEQA provides a process to consider and disclose the potential environmental consequences of discretionary projects undertaken or approved by public agencies. Its purpose is to inform agency decision-makers and the public, identify feasible ways to avoid or reduce significant impacts, and, where impacts remain significant and unavoidable, disclose the basis for approving the project.
If a project is not exempt from CEQA, an initial study is typically prepared to determine whether the project may have a significant effect on the environment. If the initial study shows that there would not be a significant effect on the environment, the lead agency must prepare a negative declaration.
If the initial study shows that the project may have a significant effect on the environment, the lead agency must prepare an Environmental Impact Report (EIR).
An EIR must accurately describe the proposed project, identify and analyze each potentially significant environmental impact expected to result from the proposed project, identify mitigation measures to reduce those impacts to the extent feasible, and evaluate a range of reasonable alternatives to the proposed project. If mitigation measures are required or incorporated into a project, the agency must also adopt a reporting or monitoring program to ensure those measures are implemented.
Generally, CEQA actions taken by public agencies can be challenged in superior court once the agency approves or determines to carry out the project. CEQA lawsuits are subject to unusually short statutes of limitations. Under current law, court challenges of CEQA decisions generally must be filed within 30-35 days, depending on the type of decision and whether the agency files the applicable notice. The courts are required to give CEQA actions preference over all other civil actions. However, the schedules for briefing, hearing, and decision are less definite. The petitioner must request a hearing within 90 days of filing the petition and, generally, briefing must be completed within 90 days of the request for hearing. There is no deadline specified for the court to render a decision.
In 2011, the State Legislature passed (AB 900) the first CEQA streamlining certification program with the Jobs and Economic Improvement Through Environmental Leadership Act, which created CEQA streamlining for residential, retail, commercial, sports, and recreational use projects that were certified as Environmental Leadership Development Projects (ELDP) by the Governor. The judicial streamlining program <https://lci.ca.gov/ceqa/judicial-streamlining/> was further extended and modified in 2021 and in 2023 the Legislature expanded these same streamlining provisions for certain energy, transportation, and water infrastructure projects.
A 2019 report by the Senate Office of Research entitled “Review of Environmental Leadership Development Projects” tracked the timeline projects receiving CEQA judicial and administrative streamlining from 2011 to 2018. According to the report, 19 projects were submitted to the Governor to be certified as ELDP projects. Of the ones that were selected for certification and moved forward City of Santa Clara Page 4 of 6 Printed on 6/5/2026
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26-461 Agenda Date: 6/9/2026
with the project, the report found that no ELDP project was actually reviewed within 270 days. At the time the report was authored, the subject projects had been completed in timelines ranging from 352- 578 days.
However, while ELDP projects were not completed within 270 days, the report also found that projects were reviewed under a faster timeline compared to other similar projects. According to the report, the average time for an ELDP comparable project to wind its way through the judicial review process was 3-5 years, meaning that the 1-2-year timeline for ELDP projects represents significant time savings.
Since 2011, over 25 projects have been certified <https://lci.ca.gov/ceqa/judicialstreamlining/archive.html> through the judicial streamlining program. These projects include mixeduse residential projects, renewable energy projects, solar and battery storage projects, water projects, corporate headquarters, and stadium reconstruction projects.
In addition to establishing the ELDP program, the Legislature has approved project specific legislation for certain projects, consistent with the provisions required of ELDP projects. These bills included expedited judicial review and enhanced environmental mitigation provisions for the proposed Farmers Field stadium project in Los Angeles (the project was later abandoned for a competing stadium project that would become SoFi Stadium in Inglewood) in 2011, expedited judicial review and limits on CEQA challenges for Golden One Center (in Sacramento) in 2013, and expedited judicial review for a proposed waterfront ballpark in Oakland in 2018.
As AB 2231 would require the Judicial Council to adopt rules of court establishing procedures requiring actions or proceedings seeking judicial review of the certification of an environmental impact report for an environmental leadership hospital campus project or the granting of any project approval, including any appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 calendar days of the filing of the certified record of proceedings with the court, this would streamline the judicial review process for the Sutter Health Hospital Project.
Staff Review and Coordination
Staff has been meeting with Sutter Health on the Hospital Project, which has been submitted to Community Development Department (CDD) as a formal application for review. At this time, CDD is conducting a technical analysis to prepare for the entitlement review through a public hearing process including the environmental review. In addition, staff is also working on the fiscal impacts for the Development Agreement.
While there is no direct LAP alignment, staff recommends providing a letter of support for AB 2231, which will streamline the CEQA judicial review process for the proposed Hospital Project in Santa Clara. The proposed Hospital Project, if approved, will be a significant local and regional asset for the region in terms of both economic development and health care services.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that taking a position on legislation is an administrative activity that does not approve, fund, or otherwise commit the City to any project that may result in direct or reasonably foreseeable indirect physical changes in the environment. The letter would express the City’s legislative position only and the City will still City of Santa Clara Page 5 of 6 Printed on 6/5/2026
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26-461 Agenda Date: 6/9/2026
retain full discretion to act on the Hospital Project’s discretionary approvals. Accordingly, a position on legislation is not a project under CEQA.
FISCAL IMPACT
The Sutter Health project in Santa Clara is anticipated to employ approximately 1,752 people onsite and an 151 physicians/providers would provide services at the hospital. Additional information about the project and its fiscal impacts will be provided on future agenda items.
COORDINATION
This report was coordinated with the Community Development Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Approve the request for a letter of support for AB 2231 (Ahrens): California Environmental Quality Act: hospital projects and authorize Mayor Gillmor to sign the letter on behalf of the City of Santa Clara.
Reviewed by: Christine Jung, Deputy City Manager
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. AB 2231: California Environmental Quality Act: Hospital Projects (As Amended on April 22, 2026)
2. Draft Letter of Support
City of Santa Clara Page 6 of 6 Printed on 6/5/2026
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June 9, 2026
The Honorable Patrick Ahrens
California State Assembly
1021 O Street, Suite
Sacramento, CA 95814
RE: AB 2231 (Ahrens): California Environmental Quality Act: Hospital Projects City of Santa Clara – Notice of Support
Dear Assembly Member Ahrens,
On behalf of the City of Santa Clara, I am pleased to express our support for AB 2231 (Ahrens), which adopts a targeted and time-sensitive approach to advancing the development of critical health care infrastructure in California. While projects of this scale have important local implications, including impacts on infrastructure, public, services, and long-term land use planning, AB 2231 preserves the City’s role in evaluating the project through its local land use discretionary authority and does not predetermine the outcome of any City entitlement, fiscal, operational, or mitigation decision.
AB 2231 would provide a streamlined California Environmental Quality Act (CEQA) process for qualifying hospital construction projects in the Cities of Emeryville and Santa Clara and would require project applicants to meet defined labor standards, including the payment of prevailing wages and the use of a skilled and trained workforce. This measure responds to the urgent need to expedite hospital construction timelines in the face of anticipated federal health care funding reductions and increasing demand for medical services.
Delays associated with litigation and extended judicial review can impose significant project delays and undermine the feasibility of essential hospital projects. By establishing a streamlined CEQA review process, alongside strong labor protections, AB 2231 is intended to balance the need to accelerate project delivery with the goal of maintaining high-quality workforce standards.
Sutter Health’s Santa Clara project represents a rare milestone, a net-new hospital for the State of California. At a time when many hospitals across the state are struggling and/or forced to reduce their services, this project will add entirely new inpatient and emergency services to one of California’s fastest growing regions.
Santa Clara County currently has approximately 1.4 inpatient hospital beds per 1,000 residents, a level that reflects an already stressed patient access environment. As population growth and patient acuity continue to rise, the absence of new hospital capacity will further exacerbate challenges unless new facilities are brought online.
The Santa Clara campus is planned as a flagship medical hub, integrating acute inpatient care, emergency services, maternal health, and advanced specialty care in a coordinated setting. The hospital could reduce travel times, improve care coordination, and help relieve pressure on surrounding facilities that are already operating at or near capacity, subject to the City’s independent review of the project and its potential impacts through the discretionary land use entitlement process and without limiting the City’s authority to impose feasible conditions of approval, mitigation measures, community benefit agreement terms, or other requirements authorized by law. The hospital will not only serve Santa Clara County patients, but those from the broader region in addition to any complex patients that require hospital services.
Additionally, the Santa Clara campus will help retain the City’s diverse employment base, invest in modern medical facilities, and help meet the demand for services required to support new residential development and the existing community.
AB 2231 reflects a thoughtful and pragmatic approach to addressing emerging challenges facing California’s health care system. By enabling critical hospital projects to move forward more efficiently, the bill supports continued access to essential medical services, enhances regional capacity, and strengthens overall system resilience. At the same time, its focused geographic scope and clear labor requirements ensure that these benefits are achieved in a manner that remains consistent with broader public policy objectives, including workforce development and economic stability. The City’s support for the bill reflects this policy objective, while recognizing the importance of preserving local authority to evaluate and address project-specific impacts as well as long-term operational and fiscal sustainability through its discretionary approvals and established implementation process. The City will continue to work in partnership with Sutter Health with the objective of ensuring the project is thoughtfully integrated into the community and implemented in a manner that supports long-term sustainability and addresses project-specific impacts.
For these reasons, the City of Santa Clara supports AB 2231 (Ahrens) and appreciates your leadership on this important issue, as well as your continued efforts to advance policies that strengthen California’s health care infrastructure and support our communities.
Sincerely,
Lisa M. Gillmor
Mayor
City of Santa Clara
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-613 Agenda Date: 6/9/2026
REPORT TO COUNCIL
SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2086 amending the zoning code to create the El Camino Real Zoning districts.
BACKGROUND
At the May 19, 2026 Council meeting, proposed Ordinance No. 2086 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2086 was published to the Santa Clara Weekly on June 3, 2026, and copies were posted in three public places.
DISCUSSION
On May 19, 2026, the Santa Clara City Council adopted the El Camino Real Specific Plan and made associated amendments to the General Plan. The Specific Plan provides for the redevelopment of the 3.2-mile El Camino Corridor with up to 4,400 residential units with supportive commercial uses on approximately 250 acres. The Council simultaneously introduced Ordinance No. 2086 to create five new zoning districts, which correspond to five new General Plan land use designations. The ordinance also establishes development standards for those zoning districts, resolves potential conflicts with other chapters of the City Code, and specifies affordability requirements for residential projects in those districts.
ENVIRONMENTAL REVIEW
An Environmental Impact Report (EIR) was prepared for the El Camino Real Specific Plan and related approvals (the “project”) in accordance with the California Environmental Quality Act (CEQA).
The EIR analyzes program-level impacts of the El Camino Real Specific Plan and the proposed ordinance. It is intended for the EIR to be used by developers as a starting point for the environmental clearance of their individual development proposals, which will further facilitate redevelopment of the area. The Council certified the EIR at the May 19, 2026 meeting.
FISCAL IMPACT
As part of the adoption of the FY 2022/23 and FY 2023/24 CIP Budget in June 2022, $1.0 million was appropriated for the El Camino Real Specific Plan project. The City Council approved the carryover of the project’s remaining balance ($0.7 million) as part of the adoption of the FY 2025/26 and FY 2026/27 Biennial Operating Budget on June 10, 2025.
COORDINATION
This item was coordinated with the Community Development Department.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2086 was published to the Santa Clara Weekly on June 3, City of Santa Clara Page 1 of 2 Printed on 6/5/2026
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26-613 Agenda Date: 6/9/2026
2026, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Waive Second Reading and Adopt Ordinance No. 2086 amending the zoning code to create the El Camino Real Zoning districts.
Reviewed by: Glen Googins, City Attorney
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Ordinance No. 2086 (Intro)
City of Santa Clara Page 2 of 2 Printed on 6/5/2026
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Ordinance/El Camino Real Corridor Zoning Districts Page 1 of 46 Rev: 09/2019
ORDINANCE NO. 2086
AN ORDINANCE OF THE CITY OF SANTA CLARA,
CALIFORNIA, AMENDING TITLE 18 OF “THE CODE OF
THE CITY OF SANTA CLARA, CALIFORNIA” TO ADD A
NEW CHAPTER 18.27, REGULATIONS FOR THE EL
CAMINO REAL CORRIDOR; REVISING CHAPTER 17.15,
PROPERTY DEVELOPMENTS, TO CLARIFY THAT THE
NEW EL CAMINO PROPERTY STANDARDS WILL
SUPERSEDE THAT CHAPTER; AND ADDING A NEW
SECTION 17.40.117 TO CHAPTER 17.40, CITYWIDE
AFFORDABLE HOUSING REQUIREMENTS, TO SPECIFY
AFFORDABILITY LEVELS APPLICABLE TO THE EL
CAMINO REAL ZONING DISTRICTS
SECTION 1: That a new Chapter 18.27, “Regulations for the El Camino Real Corridor”, is hereby added to Title 18 (entitled “Zoning”), of “The Code of the City of Santa Clara, California” (“SCCC”) as follows:
“Chapter 18.27
Regulations for the El Camino Real Corridor
Table of Contents
Article I. Regulations for the El Camino Real Corridor
18.27.010 Application
18.27.020 Intent
18.27.030 Purpose
18.27.040 Permitted and Conditional Uses
18.27.050 Land Use Table
Article II. Minor Use Permits
18.27.070 Purpose
18.27.080 Intent
18.27.090 Applicability
18.27.100 Application Filing, Processing, and Review
18.27.200 Project Review, Notice, and Hearing
18.27.300 Findings and Decision
18.27.400 Conditions of Approval
//
Ordinance/El Camino Real Corridor Zoning Districts Page 2 of 46 Rev: 09/2019
Article III. Development Standards for the El Camino Real Corridor
18.27.500 Existing Buildings and Uses.
18.27.600 Regional Commercial Mixed Use District (RCMU) Development Standards Table.
18.27.700 Corridor Mixed Use District (CMU) Development Standards Table.
18.27.800 Corridor Residential District (CR) Development Standards Table.
18.27.900 Additional Development Standards
Article I. Regulations for the El Camino Real Corridor
18.27.010 Application.
The regulations set forth in this chapter apply to all parcels in the El Camino Real Specific Plan area.
18.27.020 Intent.
The El Camino Real Corridor zoning districts are designed to implement the Regional Commercial Mixed Use, Corridor Mixed Use, and Corridor Residential General Plan designations, creating a range of residential densities that are transit-oriented with supportive commercial services. The El Camino Real corridor zoning districts include the Regional Commercial Mixed Use District (RCMU), Corridor Mixed Use District (CMU), the Corridor Residential District (CR), and Corridor Residential – Low District (CR-L) and are expected to be implemented over time, and the district contains provisions for the continuation of existing auto-oriented uses.
//
//
//
//
//
Ordinance/El Camino Real Corridor Zoning Districts Page 3 of 46 Rev: 09/2019
18.27.030 Purpose
The purpose of the El Camino Real Corridor individual districts and the way they are applied are as follows:
1. Regional Commercial Mixed Use (RCMU). The purpose of the RCMU - Regional Commercial Mixed Use Zone is to provide land areas for the construction, use, and occupancy for pedestrian- oriented developments that focus on regional-serving commercial uses (e.g., big box stores, entertainment establishments, restaurants, retail establishments). It is the intent of this zone to be located on high-traffic corridors and to provide a mix of residential and commercial uses, with residential on the upper floors and commercial and office on the lower floors. This zone has a minimum Floor Area Ratio (FAR) of 0.2. The allowable residential density range is 55-100 dwelling units per acre.
2. Corridor Mixed Use (CMU). The purpose of the CMU - Corridor Mixed Use Zone is to provide land areas for the construction, use, and occupancy for pedestrianoriented developments that focus on community-serving commercial uses (e.g., grocery stores, banks, pharmacies, restaurants, retail establishments). It is the intent of this zone to provide a mix of residential and commercial uses, with residential on the upper floors and commercial and office on the lower floors, as well as, standalone uses in certain circumstances. This zone does not have a minimum Floor Area Ratio (FAR). The allowable residential density range is 45-65 dwelling units per acre.
//
//
Ordinance/El Camino Real Corridor Zoning Districts Page 4 of 46 Rev: 09/2019
3. Corridor Residential (CR). The purpose of the CR - Corridor Residential Zone is to provide land areas for the construction, use, and occupancy for a variety of multifamily residential housing types that focus on the transition between higher-intensity mixed use and single-family residential. This zone also allows commercial uses. It is the intent of this zone to be located small parcels on high-traffic corridors and to provide a mix of residential and commercial uses, with residential on the upper floors and commercial and office on the lower floors. This zone does not have a minimum Floor Area Ratio (FAR). The allowable residential density range is 26-45 dwelling units per acre.
4. Corridor Residential – Low. The purpose of the CR-L Corridor Residential – Low Zone is for townhome development. This designation is generally applied to smaller parcels along the corridor that are constrained by shallow lot depths and parcel aggregation challenges. Commercial ground floor uses are allowed and encouraged in this designation, but not required. Auto-oriented uses are not appropriate under this designation. This zone does not have a minimum Floor Area Ratio (FAR). The allowable residential density range is 12-25 dwelling units per acre. //
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Ordinance/El Camino Real Corridor Zoning Districts Page 5 of 46 Rev: 09/2019
18.27.040 Permitted and conditional uses.
The land uses in the following table, are as defined in the Santa Clara City Code (SCCC).
The requirements under “Required Ground Floor Commercial Areas” apply to required ground floor commercial spaces in locations identified in the Ground Floor Commercial Overlay as described in the El Camino Real Specific Plan. If a land use is not listed in the Land Use Table, the use is not allowed, otherwise, uses will be denoted as either; P - Allowed by Right; MUP - Minor Use Permit; CUP - Conditional Use Permit; or Blank - Not allowed. Additional regulations may apply to specific uses per SCCC Title 18, Article 4 (Standards for Specific Land Uses).
18.27.050 Land Use Table.
Allowed Uses and
Permit
Requirements
Designations
Land Use
(see SCCC for land use
definitions)
CR-L CR CMU RCMU Additional Regulations and
Exceptions
Residential Uses
Caretaker Housing - - - - See SCCC Chapter 18.60
Dwelling,
Multifamily P P P
Dwelling, Attached
SingleFamily/Townhomes P P P P
Employee Housing - - - -
Home Occupations P P P P See SCCC Chapter 18.60
Live-Work P2 P2 P1,2 P1,2
1 Permitted except along the El
Camino Real street frontage in the
RCMU designation or the Ground
Floor Commercial Overlay.
2 Live/work facilities shall not
count towards commercial FAR
requirements but shall count
Ordinance/El Camino Real Corridor Zoning Districts Page 6 of 46 Rev: 09/2019
toward residential density.
Single-Room
Occupancy (SRO)
Facilities
- - P P
Supportive Housing P P P P
Transitional Housing - - - -
Land Use
(see Zoning Ordinance for
land use definitions)
CR-L CR CMU RCMU Additional Regulations and
Exceptions
Human Services Uses
Assisted Living
Facilities - - CUP CUP See SCCC Chapter 18.60
Child Day Care
Facilities P P P See SCCC Chapter 18.60
Community Care
Facilities CUP CUP CUP -
Residential Care
Facilities, six or
fewer residents
P P P -
Residential Care
Facilities, seven or
more residents
MUP MUP MUP -
Day Care Homes, Up
to 14 Children P P P P
Supportive Housing P P P
Low Barrier
Navigation Centers P P P P
Emergency Shelters - - - - See SCCC Chapter 18.60
Recreation, Education, and Public Assembly Uses
Cemeteries and
Mausoleums - - - -
Community Gardens MUP MUP MUP
Commercial
Recreation Facilities,
Indoor
P P P P
Ordinance/El Camino Real Corridor Zoning Districts Page 7 of 46 Rev: 09/2019
Commercial
Recreation Facilities,
Outdoors
- - - -
Fitness Facilities P P P P
Libraries P P P -
Museums P P P P
Parks and Public
Plazas P P P P
Places of Assembly - - CUP CUP
Public Schools P P P P
Private Schools CUP CUP CUP CUP
Public/Private
Colleges and
Universities
- P P P
Vocational/Trade
Schools - P P P
Land Use
(see Zoning Ordinance for
land use definitions)
CR-L CR CMU RCMU Additional Regulations and
Exceptions
Utility, Transportation, and Communication Uses
Broadcasting and
Recording Studios - - - -
Park and Ride
Facilities P P P P
Parking Structures MUP MUP MUP MUP Section 18.14.040(I) Public Safety
Facilities P P P P
Wireless
Telecommunications
Facilities and Towers
Co-location/Small
Cell
P P P P See SCCC Chapter 18.66
Wireless
Telecommunication
Facilities and
Towers, Minor (less
MUP MUP MUP MUP See SCCC Chapter 18.66
Ordinance/El Camino Real Corridor Zoning Districts Page 8 of 46 Rev: 09/2019
than 70 feet)
Wireless
Telecommunication
Facilities, Major (70
feet or higher)
- CUP CUP See SCCC Chapter 18.66
Transit Stations and
Terminals P P P P
Utility Facilities and
Infrastructure CUP CUP CUP CUP
CUP required for private utility
facilities and infrastructure. Public
utilities and infrastructure are
permitted uses.
Photovoltaic
Systems P P P P
Retail, Service, and Office Uses
Alcoholic Beverage
Sales and Service MUP P P P
Retail sale of beer, wine, and/or
other alcoholic beverages for offpremises consumption at a retail establishment which has 50
percent or more of the shelving or
gross floor area devoted to the
public display. See SCCC Chapter
18.60. Ambulance Services - - - -
Animal Sales and
Grooming Facilities P P P P
Banks and Financial
Establishments,
General
P P P P
Banks and Financial
Establishments,
Stand-alone ATM
P P P P
Bars CUP CUP CUP CUP See SCCC Chapter 18.60
Bed and Breakfast
Inns - - - - See SCCC Chapter 18.60
Business Support
Centers P P P MUP
Drive-in/Drivethrough - - - - See SCCC Chapter 18.60
Ordinance/El Camino Real Corridor Zoning Districts Page 9 of 46 Rev: 09/2019
Establishments
Equipment Sales
and Rental - - - -
Garden
Centers/Plant
Nurseries
- - - -
Hotels and Motels - - P P Section 18.14.040.O
Land Use
CR-L CR CMU RCMU Additional Regulations and
Exceptions
Retail, Service, and Office Uses (continued)
Kennels - - CUP -
Live Entertainment.
Incidental CUP p P P
Live Entertainment,
Standalone MUP/CUP MUP/CUP MUP/CUP MUP/CUP Section 18.14.040.K Maintenance and
Repair Services P P P P
Nightclubs - - - CUP See SCCC Chapter 18.60
Offices P P P P
Outdoor Dining and
Seating MUP MUP MUP MUP See SCCC Chapter 18.60
Outdoor Displays
and Sales CUP CUP CUP CUP See SCCC Chapter 18.60
Personal Services P P P P
Personal Services,
Restricted MUP MUP MUP MUP See SCCC Chapter 18.60
Restaurants P P P P See SCCC Chapter 18.60
Retail Establishments:
General, Small
Format P P P P
General,
Medium
Format
- P MUP P
General, Large - - - CUP
Ordinance/El Camino Real Corridor Zoning Districts Page 10 of 46 Rev: 09/2019
Format
Veterinary Facilities P P P P
Vehicle Oriented Uses
Vehicle Rental
Facilities, Limited - - MUP MUP
Vehicle Rental
Facilities, Office
Only
- - P P
Vehicle Repair
Facilities, Minor - - - - See SCCC Chapter 18.60
Vehicle Service
Stations - - CUP CUP See SCCC Chapter 18.60
Industrial, Manufacturing, and Processing Uses
Printing and
Publishing Facilities P P P P
Wineries,
Distilleries,
Breweries, and
Micro-Breweries
MUP MUP MUP MUP See SCCC Chapter 18.60
Personal Storage
Facilities - - - -
Article II. Minor Use Permits (MUPs).
18.27.070 Purpose
Minor Use Permits are for uses of land that require special review and control to ensure they are compatible with the neighborhood and surrounding land uses. They are considered more likely to have greater impacts than land uses permitted by right in the zone, but lesser impacts than uses requiring a Conditional use Permit. //
//
Ordinance/El Camino Real Corridor Zoning Districts Page 11 of 46 Rev: 09/2019
18.27.080 Intent.
The Minor Use Permit procedures are intended to provide sufficient flexibility in the use regulations to further the objectives of this Chapter and of the Zoning Code and to provide the City with the opportunity to impose special conditions to mitigate potential impacts that could result from allowing the use(s) at the requested location.
18.27.090 Applicability
Approval of a Minor Use Permit is required to authorize proposed land uses specified by Table 18.27.050 above (Land Use Table), and Development Standards as being allowable in the applicable zone when subject to the approval of a Minor Use Permit.
18.27.100 Application Filing, Processing, and Review
A. Filing and Processing. An application for a Minor Use Permit shall be filed and processed in compliance with Article II (Minor Use Permits) of this Chapter 18.27.
B. Application Contents. The application shall include the information and materials specified in the most up-to-date Department handout for Conditional and Minor Use Permit applications, together with the required fee in compliance with the Fee Schedule.
C. Responsibility. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 18.27.300 (Findings and Decision), below.
D. Applicable Review Authority.
1. Except as provided in paragraph 2 below, Minor Use Permits shall be reviewed and either approved or denied by the Director.
2. The Director may choose to refer any Minor Use Permit application to the Planning Commission.
Ordinance/El Camino Real Corridor Zoning Districts Page 12 of 46 Rev: 09/2019
18.27.200 Project Review, Notice, and Hearing
Each application for a Minor Use Permit shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of Chapter 18.27 and the Zoning Code.
A. Notice Required. Before a decision on a Minor Use Permit is made, the City shall provide notice as follows.
1. The notice shall state that the Director will decide whether to approve, conditionally approve, or deny the Minor Use Permit application on a date specified in the notice, and that a public hearing will be held only if requested in writing by any interested person before the specified date for the decision.
2. Any written request for a hearing shall be based on issues of significance directly related to the application (e.g., provision of evidence that the request cannot meet one or more of the findings specified in Section 18.27.030 [Findings and Decision], below).
3. If the Director determines that the evidence has merit and can be properly addressed by a condition(s) added to the Minor Use Permit approval, the Director may consider the permit in compliance with paragraph B.2, below.
B. Hearing.
1. A hearing before the Director shall be scheduled and noticed if either of the following apply:
a. If a public hearing is requested and the provisions of paragraph A.3, above, do not apply; or
//
Ordinance/El Camino Real Corridor Zoning Districts Page 13 of 46 Rev: 09/2019
b. The Director determines that a hearing would serve the public interest.
2. In all other circumstances, the Director shall render a decision on the date specified in the notice referred to in paragraph A.1, above.
C. Appeals. The Director’s decision is appealable to the Planning Commission. In the event of such an appeal to the Planning Commission, the Planning Commission decision shall be final and non-appealable.
18.27.300 Findings and Decision
The Review Authority may approve or conditionally approve a Minor Use Permit only after first making all of the following findings:
A. The proposed use is consistent with the General Plan and any applicable specific plan to the maximum extent practicable;
B. The proposed use is allowed within the subject zone and complies with all other applicable provisions of this Zoning Code and the City Code; C. The design, location, size, and operating characteristics of the proposed use are compatible with the allowed uses in the vicinity;
D. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare; and E. The subject site is:
1. Physically suitable in terms of design, location, operating characteristics, shape, size, topography, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Ordinance/El Camino Real Corridor Zoning Districts Page 14 of 46 Rev: 09/2019
2. Served by highways and streets adequate in width and improvement to carry the type and quantity of traffic the proposed use would likely generate.
18.27.400 Conditions of Approval
When considering approval of a Minor Use Permit, the Review Authority may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 18.27.300 (Findings and Decision), above.
Article III. Development Standards for the El Camino Real Corridor
18.27.500 Existing Buildings and Uses.
(a) Notwithstanding any other provision in this Chapter, the lawful use of buildings existing prior to the adoption of this Chapter may continue and none of the other sections of this Chapter 18.27 shall apply, as though the prior zoning of the parcel remained in place, until such time as the existing use (including any expansions) has been discontinued in its entirety, at which time the prior zoning shall become inapplicable and the other sections of this chapter shall apply from that point forward. (b) Allowed Uses. For parcels with legal uses of buildings existing prior to the adoption of this Chapter, permitted uses of the prior zoning district are allowed, and none of the other sections of this chapter shall apply to such building and use, until such time as the existing use (including any expansions) has been discontinued in its entirety. (c) Conditional Uses. For parcels with legal uses of buildings existing prior to the adoption of this chapter, conditional uses of the prior zoning district are conditionally permitted, and none of the other sections of this chapter shall apply, until such time as the existing use (including any expansions) has been discontinued in its entirety. //
Ordinance/El Camino Real Corridor Zoning Districts Page 15 of 46 Rev: 09/2019
(d) Development Standards. For parcels with legal uses of buildings existing prior to the adoption of this chapter, development standards of the prior zoning district shall apply, and none of the other sections of this chapter shall apply, until such time as the existing use (including any expansions) has been discontinued in its entirety.
18.27.600 Regional Commercial Mixed Use District (RCMU) Development Standards Table.
Standards Regional Commercial Mixed Use
Height, Density, & Intensity 1
Maximum Stories/Height to Top of Wall 70 ft (6 stories)2,3,4,5 Minimum Commercial Floor Area Ratio 0.2
Maximum Dwelling Units per Acre 100 du/acre5
Minimum Dwelling Units per Acre 55 du/acre
Minimum Commercial Ground Floor Area
50% of the ground floor along ECR parcel frontage. See
Specific Plan Table 4-13, Ground Floor Commercial
Overlay Requirements.
Transitions Adjacent to Single-Family/Duplex Zoning Districts Maximum Height adjacent to Single-Family
and Duplex residential zoning districts
Parcels on the Northern Side of ECR: No portion of the
building volume shall encroach into a daylight plane
starting six feet above grade at the property line and
sloping upward at a 30-degree angle toward the
interior of the lot.
Parcels on the Southern Side of ECR: No portion of the
building volume shall encroach into a daylight plane
starting six feet above grade at the property line and
sloping upward at a 45-degree angle toward the
interior of the lot. (see Figure 4-19 of the Specific Plan).
See also Neighborhood Transitions in Section 4.4 of the Specific Plan.
Maximum Height across the street from
Single-Family and Duplex residential zoning
districts6
At the setback line, the height of the roof plate7 may be no taller than one story above the maximum height
allowed in the opposing residential zone. Behind the
setback line, building heights may step up away from
the street following a 45-degree angle measured from
the roof plate (see Figure 4-22 of the Specific Plan). See also Neighborhood Transition in Section 4.4 of the
Ordinance/El Camino Real Corridor Zoning Districts Page 16 of 46 Rev: 09/2019
Specific Plan.
1. Density shall be calculated as net density, which excludes public streets and dedicated public parkland (per Chapter 17.35 of the Santa Clara City Code). The lot area that contains publicly-accessible private open space, private streets and pathways, and required easements will be counted toward lot area for the purposes of calculating residential density and commercial floor area ratio.
2. See Specific Plan Figure 4-1, Heights.
3. Projects must comply with both stories and overall height maximums. Height exceptions up to 10 feet above the maximum may be allowed to accommodate architectural features, rooftop stair access and elevator shafts, mechanical equipment, or other rooftop amenities, as approved by City staff.
4. FAA airspace safety clearance may be required on a project-specific basis pursuant to Federal Aviation Regulations/Part 77.
5. Projects may be eligible for additional height, density, or FAR in exchange for providing community benefits above and beyond what is required by the Plan, as outlined in Specific Plan section 6.2, Community Benefits Program.
6. Applies to portions of a development directly opposite a residentially zoned property where the street is less than 50 feet wide.
7. A roof plate is defined as the top horizontal framing member of a wall where the roof structure is attached.
Standards Regional Commercial Mixed Use
Lot or Development Site Setbacks and
Frontage
Ground Floor
Commercial Other Ground Floor Uses
ECR Minimum Front Setback, from back of
walk 2 0 or 5 ft3 10 ft4
ECR Maximum Front Setback, from back of
walk 1,2 10 ft 15 ft
Minimum Street Setback, other than ECR 10 ft 15 ft
Maximum Street Setback, other than ECR 15 ft 20 ft
Minimum Rear Setback (from adjacent parcel
or alley) 10 ft
Minimum Side Setback (from adjacent parcel) 5 ft
Minimum Rear Setback adjacent to single
family and duplex residentially-zoned parcel 25 ft
Minimum Side Setback adjacent to singlefamily and duplex zoned parcel 25 ft Private Open Space5 Non-Residential Hotel
Residential/Residential
Portion of Mixed-Use
Project
Minimum Required Personal Open Space NA NA 120 sf per unit, of which at least 40 sf
shall be personal67 Minimum Required Common Usable Open Space NA 20 sf per room
Ordinance/El Camino Real Corridor Zoning Districts Page 17 of 46 Rev: 09/2019
Minimum Required Publicly-Accessible
Open Space 10% of lot area 8
Storage
Personal Storage 110 cubic ft per unit
Standards Regional Commercial Mixed Use
Parking9
Maximum Surface Parking Length along ECR
parcel frontage
30% (See also Parking and Loading Location and
Frontage standard in Section
4.4)
Minimum Setback for Off-Street Surface
Parking. Loading. Service and
Vehicular Circulation
Off-Street parking, loading, service, and vehicular
circulation areas are prohibited in the front and
street side setbacks, except for driveway access. OffStreet parking, vehicular circulation, loading, and service areas shall be located behind the minimum
setback or 5 feet from the back of walk, whichever is
greater.
Required Off-Street Parking and Loading
Private off-street parking and loading shall be
provided in accordance with SCCC Chapter 18.38
(Off-Street Parking Regulations and Design
Standards).
Required Bicycle Parking Spaces See Specific Plan Chapter 5, Transportation and Public Spaces
1. At least 75% of the building facade shall be located within the minimum and maximum setback lines; up to 25% of the building facade may be located behind the maximum setback to allow for massing breaks, forecourts, plazas, etc. Publicly-accessible plazas/open spaces may be subtracted from the overall facade length to calculate the minimum percentage of building facade to be located within the setback range.
2. The intent is to achieve a total sidewalk width of 20 feet along El Camino Real, with a minimum sidewalk width of 15.5 feet. Setbacks are measured from the new back of walk. As sites are redeveloped over time, the City will work with property owners to negotiate the appropriate dedication and/or public easement to meet new sidewalk requirements on a case-by-case basis.
3. The minimum setback is 0 feet in instances where the sidewalk width is 20 feet. In areas where that cannot be achieved and the sidewalk is less than 20 feet wide, the minimum setback is 5 feet from the back of walk.
4. The minimum front/street side setback for live/work units shall be 10 feet from the back of walk.
5. Open space requirements are separate from parkland dedication requirements established by SCCC Chapter 17.35. However, depending on the size, location, and amenities provided, it is possible that the open space would qualify for private open space credit under Chapter 17.35. In the RCMU designation, onsite dedicated public parks provided per the City’s parkland dedication requirements may count towards fulfilling the 10%publicly-accessible open space standard, subject to approval by the Director of Parks and Recreation (per Section 17.35.080).
6. The required personal open space for up to 50% of the units may be provided as common private open space (i.e. 120 sf per unit could be provided as common open space).
Ordinance/El Camino Real Corridor Zoning Districts Page 18 of 46 Rev: 09/2019
7. Includes roof decks and other shared common open areas. Setback areas are not considered usable open space unless they are at least 20 feet wide from the building to the property line. Up to 40 sf per unit can be provided in an indoor communal space so long as it opens directly on to a common outdoor space.
8. Must be ground floor publicly-accessible open space.
18.27.610 Additional Standards for Regional Commercial Mixed Use A. Limitation on Townhomes. Townhomes/single-family attached dwelling units shall be limited to a maximum of 25% of the site/lot area for developments in the RCMU designation.
B. Shared Parking. Regional Commercial Mixed Use Centers shall include shared parking between uses with different peak periods to encourage the efficient use of parking resources and are eligible for reduced parking requirements, in accordance with SCCC Section 18.38.040.A. For example, residential visitor and retail customer parking spaces can be shared. The total number of spaces and their distribution through the site shall be substantiated through a parking demand study and a parking management plan prepared by a qualified traffic engineering professional subject to approval by the Director. See Specific Plan Chapter 5, Transportation and Public Spaces, for additional details and requirements.
18.27.700 Corridor Mixed Use District (CMU) Development Standards Table.
Standards Corridor Mixed Use
Height, Density, & Intensity 1
Maximum Stories/Height to Top of Wall 60 ft (5 stories)2,3,4 Minimum Floor Area Ratio None
Minimum Dwelling Units per Acre 45 du/acre
Maximum Dwelling Units per Acre 65 du/acre4
Minimum Commercial Ground Floor Area
See Specific Plan Table 4-13, Ground Floor
Commercial Overlay Requirements. Specific Plan
Figure 4-18 shows locations where commercial is
Ordinance/El Camino Real Corridor Zoning Districts Page 19 of 46 Rev: 09/2019
required for 50% of the ground floor building
frontage along El Camino Real. All other areas -
commercial allowed, not required.
Transitions Adjacent to Single-Family/Duplex Zoning Districts Maximum Height adjacent to Single-Family and
Duplex residential zoning districts
Parcels on the Northern Side of ECR: No portion of
the building volume shall encroach into a daylight
plane starting six feet above grade at the
property line and sloping upward at a 30-degree
angle toward the interior of the lot.
Parcels on the Southern Side of ECR: 1 No portion
of the building volume shall encroach into a
daylight plane starting six feet above grade at the
property line and sloping upward at a 45-degree
angle toward the interior of the lot. (see Figure 4-
19 of the Specific Plan).
See also Neighborhood Transitions in Section 4.4 of
the Specific Plan.
Maximum Height across the street from SingleFamily and Duplex residential zoning districts5 At the setback line, the height of the roof plate6
may be no taller than one story above the
maximum height allowed in the opposing
residential zone. Behind the setback line, building
heights may step up away from the street
following a 45-degree angle measured from the
roof plate.
See also Neighborhood Transitions in Section 4.4 of
the Specific Plan.
1. Density shall be calculated as net density, which excludes public streets and dedicated public parkland (per Chapter 17.35 of the Santa Clara City Code). The lot area that contains publicly-accessible private open space, private streets and pathways, and required easements will be counted toward lot area for the purposes of calculating residential density and commercial floor area ratio.
2. See Specific Plan Figure 4-1, Heights.
3. Projects must comply with both stories and overall height maximums. Height exceptions up to 10 feet above the maximum may be allowed to accommodate architectural features, rooftop stair access and elevator shafts, mechanical equipment, or other rooftop amenities, as approved by City staff.
4. Projects may be eligible for additional height, density, or FAR in exchange for providing community benefits above and beyond what is required by the Plan, as outlined in Specific Plan section 6.2, Community Benefits Program.
5. Applies to portions of a development directly opposite a residentially zoned property where the street is less than 50 feet wide.
6. A roof plate is defined as the top horizontal framing member of a wall where the roof structure is attached.
Standards Corridor Mixed Use
Lot or Development Site Setbacks and Frontage Ground Floor Commercial Other Ground Floor Uses
Ordinance/El Camino Real Corridor Zoning Districts Page 20 of 46 Rev: 09/2019
ECR Minimum Front Setback, from back of walk 2 0 or 5 ft3 10 ft4 ECR Maximum Front Setback, from back of walk 1,2 10 ft 15 ft Minimum Street Setback, other than ECR 10 ft 10 ft
Maximum Street Setback, other than ECR 15 ft 20 ft
Minimum Rear Setback (from adjacent parcel or
alley) 5 ft
Minimum Setback adjacent to single family and
duplex residentially-zoned parcel 25 ft
Minimum Side Setback adjacent to single-family
and duplex zoned parcel 15 ft
Private Open Space5 Non-Residential Hotel
Residential /
Residential
Portion of
Mixed-Use
Project
Minimum Required Personal Open Space NA NA 150 sf, of
which at least
50 sf shall be
personal67 Minimum Required Common Usable Open Space NA 20 sf per room
Minimum Required Publicly-Accessible Open Space NA NA
Personal Storage
Personal storage 110 cubic square feet
Standards Corridor Mixed Use
Parking9
Maximum Surface Parking Length along ECR parcel
frontage
30% (See also Parking and Loading Location and
Frontage standard in Section
4.4)
Minimum Setback for Off-Street Surface parking,
Loading, Service, and Vehicular Circulation
Off-Street parking, loading, service, and
vehicular circulation areas are prohibited in the
front and street side setback, except for
driveway access. Off-Street parking, vehicular
circulation, loading, and service areas shall be
located behind the minimum setback or 5 feet
from the back of walk, whichever is greater.
Required Off-Street Parking and Loading
Private off-street parking and loading shall be
provided in accordance with
SCCC Chapter 18.38 (Off-Street Parking
Ordinance/El Camino Real Corridor Zoning Districts Page 21 of 46 Rev: 09/2019
Regulations and Design
Standards).
Required Bicycle Parking Spaces See Specific Plan Chapter 5, Transportation and Public Spaces
1. At least 75% of the building facade shall be located within the minimum and maximum setback lines; up to 25% of the building facade may be located behind the maximum setback to allow for massing breaks, forecourts, plazas, etc. Publicly-accessible plazas/open spaces may be subtracted from the overall facade length to calculate the minimum percentage of building facade to be located within the setback range.
2. The intent is to achieve a total sidewalk width of 20 feet along El Camino Real, with a minimum sidewalk width of 15.5 feet. Setbacks are measured from the new back of walk. As sites are redeveloped over time, the City will work with property owners to negotiate the appropriate dedication and/or public easement to meet new sidewalk requirements on a case-by-case basis.
3. The minimum front/street side setback for live/work units shall be 10 feet from the back of walk.
4. The minimum setback is 0 feet in instances where the sidewalk width is 20 feet. In areas where that cannot be achieved and the sidewalk is less than 20 feet wide, the minimum setback is 5 feet from the back of walk.
5. Open space requirements are separate from the parkland dedication requirements established by SCCC Chapter 17.35. However, depending on the size, location, and amenities provided, it is possible that the open space would qualify for private open space credit under Chapter 17.35.
6. Required personal open space for up to 50% of units can be provided as common private open space.
7. Includes roof decks and shared common areas. Setback areas are not considered usable open space unless they are at least 20 feet wide from the building to the property line. Up to 50 sf per unit can be provided in an indoor communal space so long as it opens directly on to a common outdoor space.
8. The minimum setback for parcels adjoining Saratoga Creek ROW shall be 20 feet.
9. Refer to the Zoning Code for additional off street parking and loading requirements.
18.27.800 Corridor Residential District (CR) Development Standards Table.
Standards Corridor Residential Corridor Residential - Low Height, Density, & Intensity 1
Maximum Stories/Height to Top
of Wall 50 ft (4 stories)2,3,4 40 ft (3 stories) 2,3,4
Minimum Floor Area Ratio None None
Minimum Dwelling Units per
Acre 26 du/acre 12 du/acre
Maximum Dwelling Units per
Acre 45 du/acre4 25 du/acre4
Minimum Commercial Ground
Floor Area
Commercial allowed, not
required
Commercial allowed, not
required
Transitions Adjacent to Single-Family/Duplex Residential Districts Maximum Height adjacent
residential zoning district
Parcels on the Northern Side of
ECR: No portion of the building
NA
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volume shall encroach into a
daylight plane starting six feet
above grade at the property line
and sloping upward at a 30-
degree angle toward the interior
of the lot.
Parcels on the Southern Side of
ECR: No portion of the building
volume shall encroach into a
daylight plan starting six feet
above grade at the property line
and sloping upward at a 45-
degree angle toward the interior
of the lot (Specific Plan Figure 4-
19).
Maximum Height across the
street from residential zoning
district5
At the setback line, the height of
the roof plate6 may be no taller
than one story above the
maximum height allowed in the
opposing residential zone.
Behind the setback line, building
heights may step up away from
the street following a 45-degree
angle measured from the roof
plate (Specific Plan Figure 4-22).
NA
1. Density shall be calculated as net density, which excludes public streets and dedicated public parkland (per Chapter 17.35 of the Santa Clara City Code). The lot area that contains publicly-accessible private open space, private streets and pathways, and required easements will be counted toward lot area for the purposes of calculating residential density and commercial floor area ratio.
2. See Specific Plan Figure 4-1, Heights.
3. Projects must comply with both stories and overall height maximums. Height exceptions up to 10 feet above the maximum may be allowed to accommodate architectural features, rooftop stair access and elevator shafts, mechanical equipment, or other rooftop amenities, as approved by City staff.
4. Projects may be eligible for additional height, density, or FAR in exchange for providing community benefits above and beyond what is required by the Plan, as outlined in Specific Plan section 6.2, Community Benefits Program.
5. Applies to portions of a development directly opposite a residentially zoned property where the street is less than 50 feet wide.
6. A roof plate is defined as the top horizontal framing member of a wall where the roof structure is attached.
Standards Corridor Residential
Lot or Development Site Setbacks and Frontage Ground Floor Commercial Other Ground Floor Uses
Ordinance/El Camino Real Corridor Zoning Districts Page 23 of 46 Rev: 09/2019
ECR Minimum Front Setback, from back of walk 2 0 or 5 ft3,4 10 ft4 ECR Maximum Front Setback, from back of walk 1,2 10 ft 15 ft Minimum Street Setback, other than ECR 10 ft 15 ft
Maximum Street Setback, other than ECR 15 ft 10 ft
Minimum Rear Setback (from adjacent parcel or
alley) 5 ft 10 ft
Minimum Side Setback (from adjacent parcel) 5 ft
Minimum Setback adjacent to single family and
duplex residentially-zoned parcel 20 ft
Private Open Space5 Non-Residential Hotel
Residential /
Residential
Portion of
Mixed-Use
Project
Minimum Required Personal Open Space NA NA 180 sf per
unit, of which
at least 50 sf
shall be
personal67
Minimum Required Common Usable Open Space NA 20 sf per
room
Minimum Required Publicly-Accessible Open
Space NA NA NA
Storage
Personal Storage 110 cubic feet per unit
1. At least 75% of the building facade shall be located within the minimum and maximum setback lines; up to 25% of the building facade may be located behind the maximum setback to allow for massing breaks, forecourts, plazas, etc. Publicly-accessible plazas/open spaces may be subtracted from the overall facade length to calculate the minimum percentage of building facade to be located within the setback range.
2. The intent is to achieve a total sidewalk width of 20 feet along El Camino Real, with a minimum sidewalk width of 15.5 feet. Setbacks are measured from the new back of walk. As sites are redeveloped over time, the City will work with property owners to negotiate the appropriate dedication and/or public easement to meet new sidewalk requirements on a case-by-case basis.
3. The minimum setback is 0 feet in instances where the sidewalk width is 20 feet. In areas where that cannot be achieved and the sidewalk is less than 20 feet wide, the minimum setback is 5 feet from the back of walk.
4. The minimum front/street side setback for live/work units shall be 10 feet from the back of walk.
5. Open space requirements are separate from parkland dedication requirements established by SCCC Chapter 17.35. However, depending on the size, location, and amenities provided, it is possible that the open space would qualify for private open space credit under Chapter 17.35.
6. Includes roof decks and other shared common open areas. Setback areas are not considered usable open space unless they are at least 20 feet wide from the building to the property line. Up to 50 sf per unit can be provided in an indoor communal space so long as it opens directly on to a common outdoor space.
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7. Includes shared common areas. Setback areas are not considered usable open space unless they are at least 20 feet wide from the building to the property line.
8. The minimum setback for parcels adjoining Saratoga Creek ROW shall be 20 feet.
Standards Corridor Residential - Low
Lot or Development Site Setbacks and Frontage Ground Floor Commercial
Other Ground Floor
Uses
ECR Minimum Front Setback, from back of walk 2 0 or 5 ft3,4 10 ft4 ECR Maximum Front Setback, from back of walk 1,2 10 ft 15 ft Minimum Street Setback, other than ECR 10 ft 10 ft
Maximum Street Setback, other than ECR 15 ft 20 ft
Minimum Rear Setback (from adjacent parcel or
alley) 5 ft8 10 ft8
Minimum Rear Setback adjacent to single-family
and duplex residentially-zoned parcel 15 ft
Minimum Side Setback (from adjacent parcel) 5 ft
Minimum Setback adjacent to single family and
duplex residentially-zoned parcel 10 ft
Private Open Space5 Non-Residential Hotel
Residential
/
Residential
Portion of
Mixed-Use
Project
Minimum Required Personal Open Space NA NA 200 sf per
unit, of
which at
least 100 sf
shall be
personal67
Minimum Required Common Usable Open Space NA 20 sf per
room
Minimum Required Publicly-Accessible Open Space NA NA NA Storage
Personal Storage NA
Parking7
Maximum Surface Parking Length along ECR parcel
frontage 30%
Minimum Setback for Surface Parking 10 t
Ordinance/El Camino Real Corridor Zoning Districts Page 25 of 46 Rev: 09/2019
1. At least 75% of the building facade shall be located within the minimum and maximum setback lines:
up to 25% of the building facade may be located behind the maximum setback to allow for massing breaks, Forecourts, plazas, etc. Publicly-accessible plazas/open spaces may be subtracted from the overall facade length to calculate the minimum percentage of building facade to be located within the setback range.
2. The intent is to achieve a total sidewalk width of 20 feet along El Camino Real. with a minimum sidewalk width of 15.5 feet. Setbacks are measured from the new back of walk. As sites are redeveloped over time, the City will work with property owners to negotiate the appropriate dedication and/or public easement to meet new sidewalk requirements on a case-by-case basis.
3. The minimum setback is O feet in instances where the sidewalk width is 20 feet. In areas where that cannot be achieved and the sidewalk is less than 20 feet wide the minimum setback is 5 feet from the back of walk.
4. The minimum front/street side setback for live/work units shall be 10 feet from the back of walk.
5. Open space requirements are separate from parkland dedication requirements established by SCCC Chapter 17.35. However. depending on the size, Location, and amenities provided, it is possible that the open space would qualify for private open space credit under SCCC Chapter 17.35.
6. Includes roof decks and shared common areas. Setback areas are not considered usable open space unless they are at least 20 feet wide from the building to the property line. Up to 50 sf per unit can be provided in an indoor communal space so long as it opens directly on to a common outdoor space.
7. Includes shared common areas. Setback areas are not considered usable open space unless they are at least 20 feet wide from the building to the property line.
8. The minimum setback for parcels adjoining Saratoga Creek ROW shall be 20 feet.
Corridor Residential and Corridor Residential – Low Parking Standards Standards Corridor Residential Corridor Residential - Low Parking
Maximum Surface Parking Length
along ECR parcel frontage
30% (See also Parking and Loading Location and Frontage standard in Section 4.4 of the Specific Plan)
Maximum Garage Frontage for
Townhomes
See Townhome Garage Frontage standard in Section 4.4 of the Specific Plan
Minimum Setback for Off-Street
Surface Parking, Loading, Service,
and Vehicular Circulation
Off-Street parking, loading, service, and vehicular circulation areas are prohibited in the front and street side setback, except for driveway access. Off-Street parking, vehicular circulation, loading, and service areas shall be located behind the minimum setback or 5 feet from the back of walk, whichever is greater.
Required Off-Street Parking and
Loading
Private off-street parking and loading shall be provided in accordance with SCCC Chapter 18.38 (Off-Street Parking Regulations and Design Standards)
Required Bicycle Parking Spaces See Specific Plan Chapter 5, Transportation and Public Spaces //
//
Ordinance/El Camino Real Corridor Zoning Districts Page 26 of 46 Rev: 09/2019
18.27.900 Additional Development Standards.
In addition to the standards specified in the following, all development standards contained in the El Camino Real Specific Plan shall be applicable.
A. Landscape Screening Between Uses. A landscape buffer shall be provided between residential and mixed-use/nonresidential uses, and between singlefamily uses and multi-family uses containing three or more units. Buffer areas shall include a minimum 5-foot wide planter strip with a minimum of one tree per 20 to 40 linear feet on center depending on trees species and canopy at maturity. Buffer areas shall also be planted with ground cover and shrubs.
Additional landscaping and fencing requirements are set forth in Chapters
18.34 and 18.36.
B. Balconies. Balconies on floors greater than 25 feet in height shall be set back a minimum of 25 feet from an abutting property line with a singlefamily/duplex residential zoned parcel or existing single- family/duplex home.
C. Building Frontage Location. At least 75% of the building facade shall be located within the minimum and maximum setback lines; up to 25% of the building facade may be located behind the maximum setback to allow for massing breaks, forecourts, plazas, etc. Publicly-accessible plazas/open spaces may be subtracted from the overall facade length to calculate the minimum percentage of building facade to be located within the setback range. See Specific Plan Figure 4-25.
D. Maximum Building Length. Buildings shall not exceed 450 feet in length or width. See also Smaller Blocks and New Connections standard.
Ordinance/El Camino Real Corridor Zoning Districts Page 27 of 46 Rev: 09/2019
E. Major Massing Breaks. Buildings greater than three stories in height with a building facade greater than 200 feet in length shall have a minimum of one major massing break. Major massing breaks shall be a minimum of five feet deep and a minimum of 10 feet wide and shall extend the full height of the building including a break in the roofline. Building facades greater than 400 feet in length shall include at least two major massing breaks with one major break with a minimum depth of 10 feet and minimum width of 20 feet. See Specific Plan Figure 4-26.
F. Minor Massing Breaks. Continuous building facades greater than 100 feet in length shall have at least one minor massing break through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of two feet deep and five feet wide and shall extend at minimum the full height of the building above the ground floor, including a break in the roofline. See Specific Plan Figure 4-26.
G. Facade Rhythm and Pattern. Residential and residential mixed-use buildings shall express a rhythm and pattern of lines, shapes, forms, and/or colors that reflects the size and scale of a housing unit and/or individual rooms and spaces. This may be achieved through building modulation to create vertically-oriented facades (height greater than the width of the facade), facade articulation, and repeating vertically- oriented patterns of fenestration. This rhythm shall be between 20 to 50 feet in width of linear frontage. See Specific Plan Figure 4-27.
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Ordinance/El Camino Real Corridor Zoning Districts Page 28 of 46 Rev: 09/2019
H. Building Components (Base/Middle/Top). This standard applies to buildings that are designed using a traditional architectural style. Buildings four stories and higher, on lots wider than 75 feet, shall be designed to differentiate a defined base, a middle or body, and a top, cornice, or parapet cap. Buildings three stories or less on lots wider than 75 feet shall include at minimum a defined base and top. See Specific Plan Figure 4-28. Each of these elements shall be distinguished from one another for a minimum of 70% of the facade length through use of two or more of the following:
a. Horizontal facade modulation. Horizontal facade modulation which could include upper floor or ground floor step backs. Ground floor step backs shall include a horizontal shift of the ground floor facade with a minimum depth of two feet to create an overhang or arcade. Upper floor step backs shall include at minimum a five- foot step back from the primary facade for a minimum of 80% of the length of the facade. b. Horizontal facade articulation and/or variation in facade articulation strategy (see Facade Articulation standard).
c. Variation in facade rhythm and pattern (see Facade Rhythm and Pattern standard).
d. Variation in fenestration strategy (size, proportions, pattern, and depth or projection) (see Fenestration standard).
e. Variation in material (facade material, material size, texture and/or pattern) and color.
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Ordinance/El Camino Real Corridor Zoning Districts Page 29 of 46 Rev: 09/2019
I. Facade Articulation. Building facades shall use a variety of strategies including building modulation, fenestration, and facade articulation to create visual interest and express a variety of scales through a variety of strategies.
All facades shall include a minimum of two of the following facade articulation strategies to create visual interest:
a. Recesses. Vertical and horizontal recesses such as a pattern of recessed grouping of windows, recessed panels, or similar strategies.
The recess shall be a minimum four inches in depth.
b. Projections. Vertical and horizontal projections such as shading and weather protection devices, applied art reliefs and sculptures, decorative architectural details, or similar strategies. Projections shall be a minimum four inches in depth. Shading and weather protection shall be a minimum of two feet in depth. Art reliefs are exempt from minimum depths.
c. Datum lines. Datum lines that continue the length of the building, such as cornices, with a minimum four inches in height and a minimum two inches in depth with a change in material.
d. Balconies. Balconies or Juliet balconies (every 20 to 50 feet).
Balconies shall be a minimum of five feet in depth; Juliet balconies shall be a minimum of eight inches in depth.
e. Screening devices. Screening devices such as lattices, louvers, perforated metal screens, or similar strategies; that are distinct in material from the primary facade.
Ordinance/El Camino Real Corridor Zoning Districts Page 30 of 46 Rev: 09/2019
J. Fenestration. Fenestration shall meet the following standards:
a. Fenestration shall reinforce vertical proportions and patterns with vertically oriented windows that shall not exceed a 2:1 horizontal- tovertical ratio. b. Windows shall be recessed a minimum of three inches to provide a “punched” recessed character, or shall provide a combination of trim and recess with minimum one inch recess.
c. Curtain walls, if used, shall have a vertical orientation of mullions, joints, or solid panels that create a vertical pattern that does not exceed a 2:1 horizontal-to-vertical ratio.
K. Blank Walls. Blank walls (facades without doors, windows, landscaping treatments, artistic treatments, or facade articulation as identified in the Facade Articulation standard) shall be less than 30 feet in length along sidewalks, pedestrian walks, or open spaces. For parking structure facade treatments and screening, see the Parking Structure Design and Screening standard.
L. Roof Edge Treatment. Buildings shall be designed with at least one of the following roofline edge treatments:
a. A decorative cornice treatment (other than just colored “stripes” or “bands”). Cornices shall project a minimum of four inches from the facade.
b. A sloped roof with overhangs and brackets.
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Ordinance/El Camino Real Corridor Zoning Districts Page 31 of 46 Rev: 09/2019
c. A parapet, which shall include a cap and corner detail to create a shadow line to enhance the building.
M. Front Yard Setback Landscaping. Required setbacks shall provide landscaped areas to create a transition between public and private space.
The following standards apply based on intended use, and are exclusive of areas devoted to the required dedication/public easement to meet the new 20-foot sidewalk requirement, outdoor seating, front porches, door swing of building entries, and publicly accessible open space:
a. Ground floor retail or active uses. A minimum of 10% of the required setback area shall be landscaped.
b. Other ground floor non-residential uses. A minimum of 20% of the required setback area shall be landscaped.
c. Ground floor residential uses. A minimum of 40% of the required setback area shall be landscaped. Front yards that are greater than 10 feet in depth shall also include at minimum one tree per 40 linear feet of street frontage.
N. Retail/Storefront Ground Floor Design.
a. Ground floor height. Ground floor height shall be a minimum 16 feet interior floor-to-ceiling height.
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Ordinance/El Camino Real Corridor Zoning Districts Page 32 of 46 Rev: 09/2019
b. Minimum tenant space depth. All ground floor commercial/retail tenant spaces shall be at least 50 feet deep for a minimum of 50% of primary street building facades. All other commercial frontages shall be a minimum 30 feet in depth. Parcels less than 100 feet in depth are exempt from this requirement.
c. Minimum tenant space width. Ground floor retail and commercial shall have tenant space width of at least 12 feet.
d. Transparency. Ground floor retail and commercial uses shall contain transparent openings, doors, and windows for a minimum of 60% of the total wall area located between 30 inches and eight feet above ground level for facades facing sidewalks, pedestrian walks, or publicly-accessible open space areas. Dark tinted, reflective, mirrored, or opaque glazing is not permitted for any required wall opening along ground floor retail facades.
e. Bulkheads and solid base walls. If provided, shall not be less than 12 inches or higher than 30 inches.
f. Transom windows. Commercial clerestory and transom windows are recommended to provide a continuous horizontal band or row of windows across the upper portion of the shopfront.
g. Weather protection. Primary ground floor entrances shall include weather protection that is a minimum six feet wide and four feet deep by recessing the entry, providing an awning/ canopy, or using a combination of these methods.
Ordinance/El Camino Real Corridor Zoning Districts Page 33 of 46 Rev: 09/2019
O. Other Non-Residential Ground Floor Design.
a. Ground floor height. Ground floor height shall be a minimum 15 feet floor-to-ceiling or shall match the second floor datum line of an abutting building.
b. Transparency. Other non-residential ground floor facades shall contain transparent openings, doors, and windows for a minimum of 50% of the total wall area located between 30 inches and eight feet above ground level for facades facing sidewalks, pedestrian walks, or publicly-accessible open space areas. Dark tinted, reflective, mirrored, or opaque glazing is not permitted.
c. Non-residential spaces. Lobbies, common amenity spaces, leasing offices, and similar non- residential spaces that are a part of new mixed-use development shall provide direct access to an adjacent street, patio, or open space.
d. Weather protection. Primary entries shall include weather protection that is a minimum eight feet wide and six feet deep by recessing the entry, providing an awning/canopy, or using a combination of these methods.
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Ordinance/El Camino Real Corridor Zoning Districts Page 34 of 46 Rev: 09/2019
P. Venting Shafts and Grease Interceptors. Mixed-use multi-story buildings with ground floor commercial shall provide grease interceptors sized to serve at least two tenant spaces and venting shafts for cooktops, ovens, and other food heating equipment for a minimum of 25% of the ground floor square footage. This equipment shall meet the requirements of Environmental Health and/or the Sanitary District. Side discharge vents are discouraged.
Q. Structural Columns. Structural columns shall be placed to facilitate functional tenant space configuration, and shall not be located in front of building entrances.
R. Single-Story Non-Residential Frontages. For new single-story nonresidential buildings, at least 75 percent of the street-facing portion of the building shall be at a height of at least 20 feet to the top of the parapet, to ensure pedestrian-supportive street presence and appropriate scale with neighboring uses.
S. Residential Ground Floor Design.
a. The finished floor of ground floor residential units shall be within the minimum and maximum heights according to setback distance from back of walk identified in Specific Plan Figure 4–32, and as follows:
i. Setback 10 - <15 feet: Minimum finished floor height of three feet above grade; maximum finished floor height of five feet above grade.
ii. Setback 15 - <20 feet: Minimum finished floor height of two feet above grade; maximum finished floor height of four feet above grade.
Ordinance/El Camino Real Corridor Zoning Districts Page 35 of 46 Rev: 09/2019
iii. Setback ≥ 20 feet: Minimum finish floor height of zero feet above grade; maximum finished floor height of three feet above grade.
b. Setbacks/dooryards/stoops shall be terraced such that any retaining wall is no taller than three feet.
c. On sites with a cross slope greater than two percent along a building facade, the average height of the finished floor and back of walk shall be used. Where ADA accessibility requirements prohibit raised unit entries for some or all units, those units are exempt. For corridor buildings, accessible entries shall be located on the corridor. d. Ground floor units shall include ground cover and/or shrubs to limit views into residential units. Where the front setback is 15 feet or greater, trees shall be planted in the building setback at a minimum of one tree per 40 linear feet of facade.
T. Primary Shared Residential Entries. Primary entries shared by multiple units shall meet the following standards:
a. At least one pedestrian entry is required for each building on each primary street frontage, unless a greater number is required by the adopted Building or Fire Codes. A single corner entry may be provided to fulfill this requirement.
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b. Primary shared residential entries shall provide weather protection that is a minimum eight feet wide and six feet deep by recessing the entry, providing an awning/canopy or using a combination of these methods.
U. Primary Individual Residential Entries.
a. A minimum of 50% of the ground floor residential units that face a public right-of-way, publicly-accessible path, or open space shall have unit entries that face the street, path, or open space (Senior units or other deed-restricted units for special populations are exempt.). b. Primary ground floor entrances serving individual residential units shall include weather protection that is a minimum of four feet wide and four feet deep by recessing the entry, providing an awning/canopy, or using a combination of these methods.
V. Windows. Windows shall be recessed a minimum of three inches to provide a “punched” recessed character, or shall provide a combination of trim and recess with minimum one inch recess.
W. Curtain Walls. Curtain walls, if used, shall have a vertical orientation of mullions, joints, or solid panels that create a vertical pattern that does not exceed a 2:1 horizontal-to-vertical ratio.
X. Durable Materials. Buildings shall be designed with high-quality, durable finishing materials which include concrete, steel, stone, brick, tile, hardwood, stucco, and glass. Low quality materials including corrugated metal, stucco foam trim, and T1-11 siding are prohibited.
Ordinance/El Camino Real Corridor Zoning Districts Page 37 of 46 Rev: 09/2019
Y. Variation in Materials. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20 percent of the building frontage, excluding windows, railings, base bulkheads, and trim.
Z. Communal Refuse and Recycling Collection Areas.
a. For development projects with communal refuse and recycling areas/containers, a communal refuse room or enclosure structure shall be provided that is adequate in capacity, number, and distribution to accommodate all waste generation of the site. The number of containers and collection areas shall be reviewed and approved by the local disposal service.
b. Location and Screening of Communal Refuse and Recycling Enclosures. Refuse and recycling collection areas shall be integrated into building and landscape design and located to minimize impact on the pedestrian experience and neighboring properties by complying with the following the standards. See additional requirements in SCCC Section 18.30.060 (Solid Waste and Recycling Enclosures and Storage Areas).
i. Refuse and recycling collection areas shall be prohibited along front or street side frontages, or in any required parking spaces, required landscape areas, and open space areas. //
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Ordinance/El Camino Real Corridor Zoning Districts Page 38 of 46 Rev: 09/2019
ii. Refuse and recycling collection areas shall be located inside of buildings or inside of covered enclosures located along alleys, in parking areas, or at the rear and side of buildings. iii. Refuse and recycling collection areas, to the extent feasible, shall be located as far as possible from the residential portion of mixed-use buildings and open space areas. Storage areas shall not be located closer than 20 feet from doors or operable windows of adjacent structures.
iv. Enclosures shall be on a concrete pad with a concrete apron that facilitates the handling of the individual bins or containers. v. Enclosures shall be adequate in height to fully screen containers and materials.
vi. Enclosures shall be opaque and made of a primary exterior finish material(s) used on other portions of buildings, masonry, decorative block, or architectural grade wood, and may be accented with metal. Barbed wire and chain-link fencing are prohibited.
vii. Enclosure doors shall not swing into any public right-of-way, driveway approaches, or drive aisles. In these cases, sliding doors may be used.
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Ordinance/El Camino Real Corridor Zoning Districts Page 39 of 46 Rev: 09/2019
viii. Separate pedestrian access shall be provided to encourage main gates to remain closed. Enclosures shall be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials.
AA. Lighting and Security.
a. Open parking areas and common open space areas shall include lighting which provides a minimum illumination of one footcandle.
Lighting fixtures shall be weather and vandal resistant. Lighting shall reflect away from residential areas and public streets. b. All main entrance doors to individual dwelling units shall be equipped with one hundred eighty (180) degree door viewers. Each main entrance door shall be equipped with a deadbolt lock with a cylinder guard, a minimum of one-inch bolt projection and a maximum security strike plate.
c. All sliding glass doors and ground floor windows shall be equipped with auxiliary locks, as approved by the Chief of Police.
18.27.910 Additional Development Standards Townhomes.
A. Maximum Townhome Units in Row. There shall be a maximum of 10 townhome units per building/row.
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Ordinance/El Camino Real Corridor Zoning Districts Page 40 of 46 Rev: 09/2019
B. Minimum Building to Building Distance:
a. When townhomes face each other onto a landscaped central path/open space (personal and/or common) there shall be a minimum width of 30 feet from building face to building face. Balconies may project up to five feet from either building face into the central path/open space. Other building projections are allowed to encroach within the minimum width of the common path/open space per SCCC Section.
b. The minimum garage alley width (from building face to building face) shall be 20 feet for emergency vehicle access. The minimum distance from garage door to garage door shall be 26 feet.
C. Facade Modulation. Townhome units shall employ at least two of the following building modulation strategies:
a. Varied roof forms, including but not limited to changes in roof height, offsets, change in direction of roof slope, dormers, parapets, etc.; b. Use of balconies, front porches, overhangs, or covered patios; and/or, c. Projections, offsets, and/or recesses of the building wall at least two feet in depth, such as bay windows.
D. Facade Articulation. All building elevations that face a street or a shared driveway shall employ varied facade articulation of wall surfaces. Facades shall incorporate at least three of the following features, consistent with the design style, which provide articulation and design interest:
a. Variation in texture or material, provided all exterior wall textures and materials are consistent with the overall architectural style of the dwelling; Ordinance/El Camino Real Corridor Zoning Districts Page 41 of 46 Rev: 09/2019
b. Building base (typically bottom three feet) that is faced with a stone or brick material, or is delineated with a channel or projection; c. Railings with a design pattern and materials such as wood, metal, or stone which reinforces the architectural style of the building; d. Decorative trim elements that add detail and articulation, such as door surrounds with at least a two-inch depth, decorative eave detailing, belt courses, etc.;
e. Decorative window elements such as, lintels, shutters, window boxes, etc.; and/or,
f. Roof overhangs at least 18 inches deep.
E. Corner Side Units. Any end unit where the side facade faces the public right-ofway, private street, or publicly-accessible pathway is considered a Corner Side Unit and shall meet the following standards:
a. The Corner Side Unit building facade shall have a glazing area greater than or equal to 15 percent of the facade area.
b. The Corner Side Unit facade shall have at least one architectural projection that projects a minimum of 18 inches from the street facing facade (e.g., bay windows on the exterior of the house, canopies/screening devices, etc.) with a minimum width of two feet.
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Ordinance/El Camino Real Corridor Zoning Districts Page 42 of 46 Rev: 09/2019
F. Building Entries.
a. Orientation.
i. Dwelling units that abut a public right-of-way shall orient the primary entryway toward the public street. Deviations from this requirement may be approved by the Director for projects where the project site is located on an expressway, provided the facade facing the public street is designed with similar details and treatments to those of the front facade.
ii. Dwelling units located in the interior of a development shall orient the primary entryway toward and be visible from a private street, pedestrian pathway, or courtyard/ common open space.
b. Weather Protection. Primary entries shall have a roofed projection (such as a porch) or recess that is a minimum four feet wide and three feet deep by recessing the entry or using a combination of these methods (not including primary roof overhang).
G. Roof Edge Treatment. All townhomes with sloping roofs shall have eave overhangs of not less than 12 inches measured from the vertical side of the residential structure unless overhangs are incompatible with the architectural style of the structure.
H. Window Recess/Trim. Windows shall be recessed at least three inches from the plane of the surrounding exterior wall or shall provide a combination of trim and recess with a minimum one-inch recess.
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Ordinance/El Camino Real Corridor Zoning Districts Page 43 of 46 Rev: 09/2019
I. Colors and Materials.
a. Variation in Materials. At least two materials shall be used on any building frontage, in addition to glazing and railings. Any one material must comprise at least 20% of the building frontage, excluding windows, railings, and trim. b. Material Changes at Corners. A change in material shall be offset by a minimum of two inches in depth. Materials shall continue around corners for a minimum distance of four feet. If feasible, the same material should continue to the next change in the wall plane.
J. Durable Materials. Buildings shall incorporate durable finish and/or accent materials, which include masonry, tile, stone, stucco, architectural grade wood, brick, glass, and finished metal. Low quality materials including corrugated metal, stucco foam trim, and T1-11 siding are prohibited.
K. Building Component Colors. All vents and electrical conduits shall be painted the same color as the adjacent surface.
SECTION 2: That section 17.15.310 (“Standards deemed minimum requirements”) of Chapter 17.15 (“Property Developments”) of Title 17 (“Development”) is hereby amended to read as follows:
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Ordinance/El Camino Real Corridor Zoning Districts Page 44 of 46 Rev: 09/2019
“17.15.310 Standards deemed minimum requirements.
A. The standards established by this Chapter are minimum standards only, and the City Council reserves the right to require higher standards in the event that the City Manager of the City shall find that the minimum standards established by this chapter are not adequate, suitable, or proper because of traffic patterns, the location, soil structure or any other cause in the area in which the improvement of facility is located.
B. Notwithstanding any other provision of this Chapter, in the event of any conflict between the terms of this Chapter and the terms of Chapter 18.27 (“Regulations for the El Camino Real Corridor”) of Title 18 (“Zoning”), as may be amended, the terms of Chapter 18.27 shall control.”
SECTION 3: That a new section 17.40.117 is hereby added to Chapter 17.40, Citywide Affordable Housing Requirements, of Title 17 (entitled “Development”), of “The Code of the City of Santa Clara, California” (“SCCC”) to read as follows:
“17.40.117 Affordability Levels – El Camino Real Specific Plan.
For either ownership or rental housing developed under the El Camino Real Corridor Zoning Districts in the El Camino Real Specific Plan Area, the following affordable housing requirements apply:
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Ordinance/El Camino Real Corridor Zoning Districts Page 45 of 46 Rev: 09/2019
(a) Notwithstanding Subsection 17.40.080(a), residential ownership projects of ten or more units must provide at least fifteen percent (15%) of the units at affordable housing costs for extremely low, very low, low and moderate income households, or some combination of those income categories. A developer shall select income categories for each of the affordable units such that the average income of purchasers will not exceed eighty percent (80%) of AMI. Residential ownership projects of fewer than ten units may either provide one dwelling at an affordable housing cost for a household earning up to eighty percent (80%) of AMI, or pay an in-lieu fee identified for residential ownership projects in the affordable housing master fee schedule. (b) Notwithstanding Subsection 17.40.090(a), residential rental projects of ten or more units must provide at least fifteen percent (15%) of the units at affordable housing costs made available at affordable rental prices to extremely low, very low, low, and moderate income households as long as the distribution of affordable units averages to a maximum of eighty percent (80%) of AMI. Residential rental projects of fewer than ten units may either provide an affordable unit at an affordable housing cost for a household earning up to eighty percent (80%) of AMI, or pay an in-lieu fee identified for residential rental projects in the affordable housing master fee schedule. //
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(c) In-Lieu Fee for Rental Units. In order for residential development projects under the El Camino Real Corridor Zoning Districts in the El Camino Real Specific Plan Area to satisfy the affordable housing requirement through payment of an In Lieu Fee, the City Council shall establish a fee per square foot for the Specific Plan Area to reflect the reduced average AMI of 80 percent."
SECTION 4: 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 19th day of May, 2026, by the following vote:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
Chahal, Jain, Hardy, and Park, and Mayor
Gillmor
None
Cox and Gonzalez
None
ATTEST: ~
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference: None
Ordinance/El Camino Real Corridor Zoning Districts
Rev: 09/2019