Agenda packet — City Council and Authorities Concurrent, September 15, 2026 (part 4 of 6)

Although this letter reflects my personal position and is not an official action or policy of the City of Temecula or the Temecula City Council, I respectfully endorse the City of Murrieta's submission of this resolution and encourage its favorable consideration by the League of California Cities General Assembly.

Thank you for your leadership and your thoughtful consideration of this important issue.

Respectfully,
Jessica Alexander
Mayor, City of Temecula
Signing in her individual capacity
and not on behalf of the City of Temecula
or the Temecula City Council.
22 2026 Resolution Packet
Resolution No. 1: Staff Analysis
23 League of California Cities Staff Analysis on Resolution No. 1 Staff: Brady Guertin, Legislative Advocate
Committee: Housing, Community, and Economic Development Summary:

Resolution No.1 states that the League of California Cities (Cal Cities) will:

1. Support the development and advancement of a state constitutional amendment or legislative, policy, or ballot-based strategy that restores and strengthens local authority over housing and land use matters, including general plans, housing elements, zoning, density, design and development standards, project siting, and the approval or denial of housing development applications.

Pursuant to the resolution, the strategy should preserve the state’s authority to set broad, statewide housing goals and enforce civil rights, fair housing, building safety, and environmental standards while protecting local control by preventing the state from compelling the approval of developments that conflict with local requirements, override local zoning or density standards, or overturn local land use decisions where a city has planned for and maintained sufficient capacity to meet its housing obligations.

2. Consider establishing a statewide working group or other appropriate committee(s) to evaluate and develop a proposed constitutional amendment or other legislative, policy, or ballot-based strategies to restore and strengthen local authority over housing and land use matters.

The resolution states: “conducting legal, fiscal, and policy analyses; engaging cities and other stakeholders; and building a statewide coalition of proponent supporters in preparation for the November 2030 General Election, or within another reasonable time period.” Background:

As provided in the background information, the city of Murrieta is sponsoring this resolution in response to concerns over state laws that have increasingly reduced city discretion over housing and land use decisions, including legislation that requires ministerial or by-right approvals for housing projects, limits the application of local development standards, and strengthens state enforcement mechanisms against local governments.

Additionally, the city of Murrieta, in its background information, maintains that these legislative efforts have not resulted in sufficient housing production to address California's housing shortage and have not adequately accounted for 24 local infrastructure, public service needs, public safety, market, and fiscal considerations.

The resolution states that California’s housing goals are better advanced through state funding, streamlined environmental requirements, and voluntary partnerships, while preserving local authority over how and where housing is best planned and approved.

Consideration of the resolution may be informed by a brief examination of how the California Constitution allocates authority between the state and cities with respect to land use decisions.

The constitution grants cities the power to adopt local laws to protect the public’s health, safety, and welfare. This grant is called the “police power,” which is the basis for local land use regulation. The constitution grants charter cities the additional power to adopt local laws affecting “municipal affairs.” This power, commonly referred to as “home rule,” is based on the principle that a city, rather than the state, is in the best position to identify and satisfy the needs of the local community.

The constitution’s broad grant of police power contains a significant limitation.

Local law adopted under the police power is not valid if it “conflicts” with state law. A local law “conflicts” with state law when it regulates the same “field” in which the Legislature has stated its intent to occupy. In that case, state law is said to “preempt” the local law and it cannot be enforced.

An ordinance adopted by a charter city under the municipal affairs power cannot be enforced if it affects a “matter of statewide concern.” The subjects that have been identified as “matters of statewide concern” have changed over the years due to economic, social, and political circumstances.

Since the 1960s, the state has enacted numerous laws that limit or preempt aspects of local land use and zoning authority. These laws include the Fair Employment and Housing Act, Housing Element Law, Housing Accountability Act, Density Bonus Law, Permit Streamlining Act, accessory dwelling unit laws, California Environmental Quality Act, and others. In recent years, the state has enacted several laws that Cal Cities was the leading opposition force against, as many of the proposals pre-empted local land use authority, limited public review, and constrained local flexibility. In support of its housing and land use legislation, the Legislature has cited a statewide housing crisis and the need for increased housing production at all income levels while asserting that a uniform approach to local land use decision-making is required. 25 Discussion:

The resolution does not prescribe a specific policy mechanism. The eight letters in support recommend creating a working group or committee to evaluate potential approaches, including legislative proposals, constitutional amendments, or ballot initiatives to strengthen local authority over housing and land use matters.

A discussion of a strategy to restore and strengthen local authority over housing and land use matters will need to consider the California Constitution’s framework for both preemption of police power enactments and municipal affairs, discussed above. It will also need to determine whether changes to the California Constitution will be proposed, and whether they constitute an amendment or a revision, which require different processes.

A constitutional revision is a multistep process blending legislative consensus, voter support, and on occasion, a constitutional convention. It requires significant public engagement.

A constitutional amendment would require a ballot initiative, which includes gathering enough valid signatures to qualify for the ballot, building large coalitions to support election efforts, and campaigning to voters to support the initiative. This process can involve significant costs. In the last major election for ballot initiatives in 2024, proponents spent $8-$18 million to qualify for the ballot and spent nearly $700 million for the full election cycle, averaging out to about $100 million per ballot initiative.

Cal Cities has been engaged in ballot advocacy for over 20 years. In the early 2000s, Cal Cities developed a ballot advocacy infrastructure that included forming an issue political action committee, fundraising, establishing a network of regional managers, and building a coalition with other organizations to ultimately advocate on a ballot measure. Ballot advocacy requires the approval of the Board of Directors with a supermajority vote.

In the Legislature, Cal Cities plays an active and influential role to ensure that local flexibility and autonomy in the land use and housing space is maintained by engaging on dozens of bills every legislative session to ensure that cities' voices are heard at the state Capitol. Below, you will find Cal Cities “Existing Policy” on local control, housing, and land use policies.

Fiscal Impact
The resolution itself would not have a significant direct fiscal impact. However, depending on what actions follow, the fiscal costs could be significant. 26 Existing Cal Cities Policy
Vision
To be recognized and respected as the leading advocate for the common interests of California's cities.

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe
• Local self-governance is the cornerstone of democracy. • Our strength lies in the unity of our diverse communities of interest. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility.
• The spirit of honest public service is what builds communities. • Open decision-making that is of the highest ethical standards honors the public trust.
• Cities are vital to the strength of the California economy. • The vitality of cities is dependent upon their fiscal stability and local autonomy.
• The active participation of all city officials increases the League's effectiveness.
• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Zoning
Cal Cities believes local zoning is a primary function of cities and is an essential component of home rule. The process of adoption, implementation and enforcement of zoning ordinances should be open and fair to the public and enhance the responsiveness of local decision-makers. State policy should leave local siting and use decisions to the city and not interfere with local prerogative beyond providing a constitutionally valid procedure for adopting local regulations. State agency siting of facilities, including campuses and office buildings, should be subject to local notice and hearing requirements in order to meet concerns of the local community. Cal Cities opposes legislation that seeks to limit local authority over parking requirements.

Housing Element
Housing issues should be addressed in the general plan as other planning issues are. The housing element should be prepared for the benefit of local 27 governments and should have equal status with the other elements of the general plan.

Encourage Full Community Participation
Foster an open and inclusive community dialogue and promote alliances and partnerships to meet community needs.

Well-Planned New Growth
Recognize and preserve open space, watersheds, environmental habitats, and agricultural lands, while accommodating new growth in compact forms, in a manner that:
• De-emphasizes automobile dependency;
• Integrates the new growth into existing communities;
• Creates a diversity of affordable housing near employment centers; • Provides job opportunities for people of all ages and income levels.

Support:

The following letters of concurrence were received:

City of Banning
City of Calimesa
City of Canyon Lake
City of Moreno Valley
City of Norco
City of Torrance
Crystal Ruiz, Mayor, City of San Jacinto
Jessica Alexander, Mayor, City of Temecula
28 City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-856 Agenda Date: 9/15/2026

REPORT TO COUNCIL

SUBJECT
Approve and Authorize the City Manager to Execute an Amended Application for the State of California Proposition 68 Per Capita Program Grant to Change the Project from Maywood Park Playground Rehabilitation to Henry Schmidt Park Playground Rehabilitation and Approve Related Budget Amendments

BACKGROUND
On November 17, 2020, the City Council approved Report to Council 20-908 (Attachment 1) and adopted Resolution No. 20-8903 (Attachment 2) authorizing the City Manager to submit an application for Proposition 68 Per Capita Program Grant (Grant) for the Maywood Park Playground Rehabilitation Project (Maywood Project). The City subsequently entered into two grant agreements (Attachment 3 to 5) with the California Department of Parks and Recreation, Office of Grants and Local Services (OGALS) and was awarded a total of $256,622 in grant funding.

The Proposition 68 Per Capita Program provides funding for rehabilitation of existing park infrastructure and improvements that address deficiencies in neighborhoods lacking access to outdoor parks and recreation spaces. The grant performance period expires on June 30, 2028 (Attachment 6 and 7), and all grant-funded work must be completed before that date.

Since the award of the original grant application, the Department of Parks and Recreation has continued implementation of its Capital Improvement Program (CIP) and refined project schedules based on design progress, funding availability, and construction timeline. Based on the current project schedule, the Maywood Project is no longer anticipated to be completed within the grant performance period. As a result, staff evaluated alternative eligible CIP projects that could be completed before the grant deadline and meet the Grant’s objectives.

Staff determined that changing the grant project from the Maywood Project to Henry Schmidt Park Playground Rehabilitation Project (Henry Schmidt Project) will allow the City to fully utilize the available grant funding while remaining in compliance with the State's grant requirements. The Henry Schmidt Project is currently under construction and is anticipated to be completed by the summer of 2027. As a result, the project is eligible for the grant funding and can be completed within the grant performance period.

DISCUSSION
The Grant requires grantees to obtain governing body approval for grant applications and designate an Authorized Representative to administer the Grant. The City's original authorizing resolution delegated authority to the City Manager to administer the approved Grant and execute documents necessary for Grant administration.

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26-856 Agenda Date: 9/15/2026
Because the original grant application was submitted for the Maywood Project, staff recommends that the City Council approve and authorize the City Manager to sign and submit the amended grant application changing the project to the Henry Schmidt Project, in substantially the form shown on Attachment 8, and to authorize the City Manager to execute any amendments, agreements, certifications, payment requests, or other documents required by the California Department of Parks and Recreation to implement the amendment, subject to State approval. Staff has also contacted the California Department of Parks and Recreation OGALS and confirmed that a project amendment request is permitted under the Grant.

The Grant requires development projects to be capital improvement projects for recreational purposes, be consistent with the City's park and recreation planning efforts, supplement rather than supplant existing local revenues, meet applicable matching requirements, and provide accessible improvements. The Henry Schmidt Project meets these requirements as a CIP project that includes utility, landscaping and irrigation upgrades; an expanded playground that increases capacity; new group fitness stations; pathway, parking lot and lighting improvements; and other park amenity improvements.

The Grant requires a 20% local match for projects that do not serve a severely disadvantaged community. A grant amount of $256,622 requires a minimum local match of $64,156, which the Henry Schmidt Project exceeds with its existing local funding.

Approval of the proposed amendment will preserve the City's grant funding by applying it to an eligible project that is expected to be completed before the grant deadline. The grant award amount will remain unchanged at $256,622, and the amendment will not increase the City's financial obligation under the grant agreement.

ENVIRONMENTAL REVIEW
The action to amend the grant application and related budget is not a project under California Environmental Quality Act (CEQA) as defined in CEQA Guidelines, section 15378, because it has no potential for resulting in either a direct or reasonably foreseeable indirect physical change in the environment.

The project for which the grant funds will be used, the Henry Schmidt Project, was determined to be categorically exempt from CEQA by the City Council at the November 28, 2025 City Council meeting pursuant to Section 15301(c) “Existing Facilities”.

FISCAL IMPACT
The Maywood Park Playground Rehabilitation Project is fully funded with a current FY 2026/27 budget of $5.3 million, including $256,622 from the Proposition 68 Per Capita Program Grant, with the remaining funding provided by Quimby Act and Mitigation Fee Act (MFA) fees.

The Henry Schmidt Park Playground Rehabilitation project is fully funded by a combination of MFA fees in the Parks and Recreation Capital Fund and Measure I General Obligation Bond funds in the Measure I General Obligation Bond Projects Fund. The majority of the project funds were encumbered in FY 2025/26. In FY 2026/27, $2.2 million funded by MFA fees is budgeted in the Parks and Recreation Capital Fund.

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26-856 Agenda Date: 9/15/2026
Approval of the Amended Application for the State of California Proposition 68 Per Capita Program Grant will require proposed budget amendments to reallocate the $256,622 grant funding from the Maywood Project to the Henry Schmidt Project in the Parks and Recreation Capital Fund. In addition, $256,622 of MFA funding currently allocated to the Henry Schmidt Project would be reallocated to the Maywood Project. These proposed budget amendments would maintain the existing total budget for each project by offsetting the reallocation of grant and MFA funding between the two projects.

The recommended budget actions are summarized below.

Budget Amendment
FY 2026/27
Current Increase/
(Decrease)
Revised
Parks and Recreation Capital Fund
Other Agencies Revenue
Maywood Park Playground Rehabilitation $256,622 ($256,622) $0 Henry Schmidt Park Rehabilitation $0 $256,622 $256,622
Ending Fund Balance - Mitigation Fee Act
Fees Maywood Park Playground
Rehabilitation
$3,020,493 $256,622 $3,277,115
Henry Schmidt Park Rehabilitation $2,158,376 ($256,622) $1,901,754

COORDINATION
This agreement 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. Approve and Authorize the City Manager to execute and submit an amended Proposition 68 Per Capita Program grant application, changing the approved project from Maywood Park Playground Rehabilitation to Henry Schmidt Park Playground Rehabilitation subject to de minimis changes and review and approval as to form by the City Attorney;

2. Authorize the City Manager to execute and submit any amendments, agreements, certifications, payment requests, and other documents required by the California Department of Parks and Recreation to implement the amended grant, subject to State approval; and

3. Approve the following FY 2026/27 budget amendments in the Parks and Recreation Capital Fund to decrease the Other Agencies Revenue estimate for the Maywood Park Playground Rehabilitation project by $256,622 and increase the Other Agencies Revenue estimate for the Henry Schmidt Park Playground Rehabilitation Project by the same amount. In addition, increase City of Santa Clara Page 3 of 4 Printed on 9/10/2026
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26-856 Agenda Date: 9/15/2026
the use of Ending Fund Balance - Mitigation Fee Act fees for the Maywood Park Playground Rehabilitation project by $256,622 and decrease the use of Ending Fund Balance - Mitigation Fee Act fees for the Henry Schmidt Playground Rehabilitation project by the same amount (majority affirmative Council votes required) .

Reviewed by: Damon Sparacino, Director, Parks & Recreation Department Approved by: Jovan Grogan, City Manager

ATTACHMENTS

1. Report to Council 20-908

2. Resolution 20-8903

3. Agreement C9801654 Executed

4. Agreement C9802332 Executed

5. Maywood Project Scope & Cost Estimate

6. Amended Contract C9801654 and Provisions

7. Amended Contract C9802332 and Provisions

8. Amended Application - Henry Schmidt Project
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
20-908 Agenda Date: 11/17/2020

REPORT TO COUNCIL

SUBJECT
Adopt a Resolution authorizing the City Manager to submit an Application for Proposition 68 Per Capita Program for Maywood Park Rehabilitation and approve a related budget amendment in the amount of $256,622 for the Project in the Parks and Recreation Capital Fund

COUNCIL PILLAR
Enhance Community Sports, Recreational and Arts Assets

BACKGROUND
On June 5, 2018, State of California voters approved Proposition 68 (the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018). In July 2020, the State of California Department of Parks and Recreation, Office of Grants and Local Services (OGALS) announced the Proposition 68 “Per Capita Program” grant funding amounts to local governments for rehabilitation (not maintenance) of existing parks infrastructure and to address deficiencies in neighborhoods lacking access to outdoor parks and recreation spaces. The City of Santa Clara is eligible for $177,952 from the General Per Capita Program and an additional $78,670 from the Urban County Per Capita Program, for total funds in the amount of $256,622.

In order to receive Per Capita grant funds, the City must approve and submit an authorizing resolution to the State, followed by a Project application and agreement. The Per Capita grant funds may not supplant existing funds, and a 20% local match is required. The Project grant application is due by January 31, 2021, and Project completion due by December 2023.

One of the City Council Pillars is to “enhance community sports, recreation and arts assets.” In addition, the City’s parks and recreation Facility Condition Assessment (Kitchell, 2018) provided an inventory of existing park buildings and assets in need of rehabilitation/renewal to meet current accessibility, building and safety codes. Over the past several years, Santa Clara has prioritized the rehabilitation of parks and recreation facilities to make them code compliant and accessible while meeting the diverse needs of the increasing resident population by making them more inclusionary, environmentally sustainable, age-friendly, and providing measurably increased play value as well as new desired amenities.

The Parks & Recreation Commission, as part of their Work Plan goals FY2018/19-2019/20, reviewed existing park infrastructure conditions, informed the community about parks and recreation rehabilitation needs, and discussed potential funding opportunities and sources. On August 20, 2019 the Commission (RTC #19-518) recommended a “top ten” list of park playground and/or rehabilitation projects including Maywood Park for potential inclusion in the City’s Capital Improvement Program (CIP) given the parks ages, asset conditions and funding limitations. In 2020, Council approved the FY2020/21 and FY2021/22 Biennial CIP Budget which included the Maywood Park playground City of Santa Clara Page 1 of 3 Printed on 2/24/2026
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20-908 Agenda Date: 11/17/2020
rehabilitation project.

The Parks & Recreation Commission makes recommendations to City Council regarding park improvements. Maywood Park dates from 1961; its playground and park site amenities are in poor to critical condition (Kitchell, 2018). The timeline of the Maywood Project works well with the Per Capita Grant timeline since Maywood Park Rehabilitation is one of the next projects to begin community engagement. Given that the Grant funds are insufficient alone to fund a major playground rehabilitation project, using the Grant funds for additional amenities to be identified by the community in the public outreach process would allow them to be included in the final Project scope.

On September 15, 2020, following Commission discussion of the Grant program and Maywood Park needs, the Parks & Recreation Commission recommended that Council adopt a Resolution to apply for Proposition 68 “Per Capita” Grant Funds for the City’s Maywood Park Rehabilitation Project.

DISCUSSION
The Maywood Park Rehabilitation Project is a good match for the Per Capita Grant. It has an estimated cost of $2,493,700, of which $2 million is funded from Quimby Act Fees In Lieu of parkland dedication collected from new residential development. These funds can serve as the local 20% match for the Per Capita Grant. The current funds available will provide an age-appropriate, expanded playground and new park amenities, and meet criteria and guidelines for other grant opportunities. However, the Project is estimated to need additional funding of $493,700 (19.8% of Project total) to be fully funded with an ample Project contingency for unknown site conditions. The Per Capita Grant funding in the amount of $256,622, is a welcome opportunity to reduce the estimated remaining Maywood Project unfunded amount to $237,078 (or 9.5% of Project total), which is anticipated to be funded from other grant sources such as a PlayCore playground matching grant, and potential community contributions. Once other grant opportunities are exhausted and the Schematic Design and cost estimate have been finalized, the Project scope or the Project contingency will be adjusted to reflect the final amount of funds available for the Project.

The Per Capita Grant program requires City adoption of a Resolution (Attachment 1) in order to submit a project application. Grant funds are to be used to rehabilitate City park facilities. The Resolution confirms that the City has the funding to complete, operate and maintain the Project, and, if approved, will authorize the City Manager to administer the Grant.

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 it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The Proposition 68 Per Capita Program Grant allocates funding in the amount of $256,622 to the approved FY2020/21 and FY2021/22 Biennial CIP Budget for the Maywood Park Rehabilitation Project in the Parks and Recreation Capital Fund as shown in the budget amendment below. The grant requires a 20% match or approximately $51,332, which will be more than met by the current CIP Project appropriation of $2 million.

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20-908 Agenda Date: 11/17/2020
Budget Amendment
FY 2021/22
Current Increase/
(Decrease)
Revised
Parks and Recreation Capital Fund
Revenue
Grant Funding $0 $256,622 $256,622
Quimby Act Fees $2,000,000 $0 $2,000,000
Expenditures
Maywood Park Playground Rehabilitation
Project
$2,000,000 $256,622 $2,256,622

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

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

RECOMMENDATION

1. Adopt a Resolution authorizing the City Manager to submit an Application for the Proposition 68 Per Capita Program for the Maywood Park Rehabilitation Project; and

2. Approve a related Fiscal Year 2021/22 budget amendment in the Parks and Recreation Capital Fund to recognize grant revenue and increase the Maywood Park Rehabilitation Project appropriation in the amount of $256,622.

Reviewed by: James Teixeira, Director of Parks & Recreation Approved by: Deanna J. Santana, City Manager

ATTACHMENTS

1. Resolution

2. Proposition 68 Procedural Guide
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RESOLUTION NO. 20-8903

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

APPROVING AN APPLICATION FOR STATE OF CALIFORNIA PER

CAPITA GRANT FUNDS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee's Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and, WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s).

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

That the City of Santa Clara

1. Approves the filing of project application(s) for Per Capita program grant project(s).

2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s).

3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s).

4. Certifies that all projects proposed will be consistent with the park and recreation element of the City of Santa Clara general or recreation plan (PRC §80063(a)).

5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)).

6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code.

II
II
Resolution Approving Application(s) for 2020 Per Capita Grant Funds Rev: 11/22/17

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A. Conducting active outreach to diverse populations, particularly minority, lowincome, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities.

B. Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.

C. Creating new partnerships with state, local, tribal, private, and non-profit organizations to expand access for diverse populations.

D. Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.

E. Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations.

F. Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youthserving organizations, urban areas, and programs.

G. Identifying possible staff liaisons to diverse populations.

8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001 (b)(S)).

9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient's annual expenditures. (PRC §80062(d)).

10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide.

II
Resolution Approving Application(s) for 2020 Per Capita Grant Funds Rev: 11 /22/17

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11. Delegates the authority to the City Manager, or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s).

12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.

13. 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 17TH DAY OF NOVEMBER, 2020, BY THE FOLLOWING VOTE:

AYES: COUNCILORS: Chahal, Davis, Hardy, O'Neill, and Watanabe, and Mayor Gillmor
NOES: COUNCILORS: None
ABSENT: COUNCILORS: None
ABSTAINED: COUNCILORS:

No~
. £)
ATTEST: ~

NORA PIMENTEL, MMC
Attachments incorporated by reference:

1. Per Capita Program Procedural Guide

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Resolution Approving Application(s) for 2020 Per Capita Grant Funds Rev: 11/22/17

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Procedural Guide
for the
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018

PER CAPITA PROGRAM
March 2019 Draft
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
"Creating Community through People, Parks, and Programs" Send Application and correspondence to:

Street Address for Overnight Mail:

Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
1416 Ninth Street, Room 918
Sacramento, CA 95814
Mailing Address:

Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
Phone: (916) 653-7423
Website: www.parks.ca.gov/grants
2018-2019 California State Budget, Chapter 29
Budget Item 3790-101-6088 (b)- $185,000,000 shall be available for the Local Park Rehabilitation, Creation in Urban Areas Program, consistent with subdivision (a) of Section 80061 of the Public Resources Code.

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Community Engagement Division Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer service, with integrity for the enrichment of all.

The Office of Grants and Local Services Mission
The mission of the Office of Grants and Local Services is to address California's diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.

OGALS VISION GOALS
To Be:
• A leader among park and recreation professionals.
• Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
• Honest, knowledgeable and experienced grant administration facilitators. • Sensitive to local concerns while mindful of prevailing laws, rules and regulations. • Perceptive to opportunities for partnerships, growth and renewal where few existed before.
• Committed to providing quality customer service in every interaction and transaction.
• Responsive to the needs of applicants, grantees, nonprofit organizations, local governments, legislative members, and department employees. 2 TABLE OF CONTENTS
PER CAPITA PROGRAM DESCRIPTION ........................................................................ 4 Eligible Recipients (PRC §80062) ...................................................................................... 4 Eligible Projects ................................................................................................................. 5 GRANT PROCESS ............................................................................................................ 5 Authorizing Resolution ....................................................................................................... 6 APPLICATION SECTION .................................................................................................. 9 Application Packet Checklist ............................................................................................ 1 0 Per Capita Project Application Form ................................................................................ 11 Per Capita Match ............................................................................................................. 12 Acquisition Projects .......................................................................................................... 13 Eligible Acquisition Costs ................................................................................................. 14 Development Projects ...................................................................................................... 15 Community Access Projects ............................................................................................ 17 Development Project Scope/Cost Estimate Form ............................................................ 19 Community Access Project Scope/Cost Estimate Form ................................................... 20 Funding Sources Form ..................................................................................................... 21 CEQA Compliance Certification ....................................................................................... 22 Land Tenure ..................................................................................................................... 23 Site Plan ....................................................................................................................... 25 Sub-leases or Agreements ............................................................................................... 25 Greenhouse Gas Emissions Reduction and Carbon Sequestration ................................. 25 SPECIAL REQUIREMENTS ............................................................................................ 26 Status Report ................................................................................................................... 26 Bond Act Sign .................................................................................................................. 28 Deed Restriction .............................................................................................................. 29 GRANT PAYMENT SECTION ......................................................................................... 33 Payment Request Form ................................................................................................... 34 Grant Expenditure Form ................................................................................................... 35 Project Completion Packet ............................................................................................... 36 PER CAPITA CONTRACT .............................................................................................. 41 ACCOUNTING AND AUDITS .......................................................................................... 48 Accounting Requirements ................................................................................................ 48 Audit Checklist ................................................................................................................. 49 REFERENCES ................................................................................................................ 50 Public Resources Code relating to the Per Capita program ............................................. 50 Allocation Tables .............................................................................................................. 53 DEFINITIONS .................................................................................................................. 53 Words and terms shown in SMALL CAPS are found in the definitions section. 3 Per Capita Program Description
Background
This program originates from Proposition 68, placed on the ballot via Senate Bill 5 (Deleon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018.

Funds for the program were appropriated via State Budget item 3790-101-6088(b).

Legislative program information is found in the Public Resources Code (PRC) beginning at §80000 (see page 50).

General Per Capita Program: $185,000,000
Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors (PRC §80061 (a)).

Urban County Per Capita: $13,875,000
Additional funds are available for Per Capita grants to cities and districts in urbanized counties (a county with a population of 500,000 or more) providing park and recreation services within jurisdictions of 200,000 or less in population. An entity eligible to receive funds under this subdivision shall also be eligible to receive funds available under the General Per Capita Program (PRC §80061 (b)).

Eligible Recipients (PRC §80062)
Sixty percent (60%) of the General Per Capita funds are allocated to the following entities based on population. The minimum allocation is $200,000. • Cities
• Eligible Districts, other than a regional park district, regional park and open-space districts, and regional open-space districts 1
Forty percent (40%) of the General Per Capita funds are allocated to the following entities based on population. The minimum allocation is $400,000. • Counties
• Regional park districts, regional park and open space districts, and regional open space districts
Allocations
Specific entities eligible for funding and their allocations can be found beginning on page 53.
1 For purposes of this chapter, "district" means any regional park district, regional park and openspace district, or regional open-space district formed pursuant to Article 3 (commencing with §5500) of Chapter 3 of Division 5, any recreation and park district formed pursuant to Chapter 4 (commencing with §5780) of Division 5, or any authority formed pursuant to Division 26 (commencing with §35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, "district" also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 ( commencing with §71000) of the Water Code. 4 Eligible Projects
• PROJECTS must be for recreational purposes, either acquisition or DEVELOPMENT. Do not submit combined acquisition and development projects. • Up to 5% of the allocation may be used for a COMMUNITY ACCESS PROJECT (PRC §80008(c)(1 )).
• Multiple PROJECTS may be completed under one contract; each PROJECT requires a separate APPLICATION PACKET.
• A PROJECT can only have one location. One PROJECT that serves several parks is not permitted.
• GRANTEES are encouraged to partner with other GRANTEES on PROJECTS (PRC §80063(b)). See page 53 for information on allocation transfers.

Match
PROJECTS not serving a "severely disadvantaged community" (median household income less than 60% of the statewide average) require a 20% match (see page 12) (PRC §80061 (c)).

No Supplanting
GRANTEES must use Per Capita grant funds to supplement existing expenditures, rather than replace them (PRC §80062(d)). For example, a GRANTEE has a budget for recreational capital expenditures of $500,000 per year, and is receiving a $200,000 allocation under the Per Capita program. The budget cannot be reduced to $300,000, with the Per Capita funds making up the difference.

Similarly, if a PROJECT has been approved by the governing body, and a funding source has been identified, Per Capita funds cannot be swapped in as a new funding source unless the prior funding source is applied to another recreational capital project.

GRANTEES should keep all documents indicating intent to use Per Capita grant funds for PROJECTS.

Grant Process
GRANT PERFORMANCE PERIOD: July 1, 2018 - June 30, 2022

1. Resolution (submit no later than November 1, 2019): GRANTEE passes one resolution approving the filing of a// applications associated with the contract, and forwards a copy to OGALS.

2. APPLICATION PACKET(s) (submit no later than January 31, 2020): The GRANTEE defines the PROJECT SCOPE(s) and amount of grant funds needed for each PROJECT.

As PROJECTS are identified, the GRANTEE submits individual APPLICATION PACKET(s) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the GRANTEE or requests additional information. •

3. Contract (sign and submit no later than March 31, 2020): OGALS will forward a contract to the GRANTEE once a PROJECT APPLICATION PACKET has been approved.

OGALS will encumber the total amount of approved applications. As GRANTEE submits additional APPLICATION PACKETS, OGALS will amend the contract to reflect the total PROJECT amount for all approved APPLICATION PACKETS, up to the allocation amount. 5 a. The contract section, beginning on page 41, includes a sample contract. b. The GRANTEE must return the contract signed by the AUTHORIZED REPRESENTATIVE to OGALS no later than March 31, 2020.
c. OGALS returns a copy of the fully executed contract to the GRANTEE.

4. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. The grant payments section, beginning on page 33, provides payment request instructions and forms.
a. The GRANTEE may request payments after each PROJECT is approved by OGALS. b. The GRANTEE completes PROJECT SCOPE(s) no later than December 31, 2021.

C. The GRANTEE sends PROJECT COMPLETION PACKET(s) to OGALS no later than March 31, 2022.
d. OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS by conducting a site inspection.

5. Accounting and Audit: DPR's Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following issuance of the final GRANT payment or PROJECT termination, whichever is later. The Accounting and Audit Section, beginning on page 48, provides directions and an Audit Checklist for DPR audit and accounting requirements.

Authorizing Resolution
GRANTEE passes one resolution approving the filing of all applications associated with the contract, and forwards a copy to OGALS.

The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged.

The Authorizing Resolution serves two purposes:

1. It is the means by which the GRANTEE'S Governing Body agrees to the terms of the contract; it provides confirmation that the GRANTEE has the funding to complete, operate and maintain PROJECTS associated with the contract.

2. Designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the contract. The incumbent in this position is referred to as the AUTHORIZED REPRESENTATIVE.

Resolution items 4, 5, 7, 8 and 9 are all required by Proposition 68.

Complete the highlighted areas of the Authorizing Resolution. The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position title) either in entirety or for particular documents. This may be included in item 11 of the resolution, or the AUTHORIZED REPRESENTATIVE may submit a letter (on letterhead) or email to OGALS delegating authority.
6 Resolution Form
Resolution No: - - - - --- -
RESOLUTION OF THE (Title of Governing Body/City Council, Board of Supervisors) OF (City, County, or District) APPROVING APPLICATION(S) FOR PER CAPITA

GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the grantee's Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the (grantee's governing body) hereby:

1. Approves the filing of project application(s) for Per Capita program grant project(s); and

2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s); and

3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s), and

4. Certifies that all projects proposed will be consistent with the park and recreation element of the [city/county/district's] general or recreation plan (PRC §80063(a)), and

5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)), and

6. Certifies that it will comply with the provisions of §1771 .5 of the State Labor Code,and

7. (PRC §80001 (b)(8)(A-G)) To the extent practicable, as identified in the "Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters," dated January 12, 2017, the [city/county/district] will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, lowincome, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.
7 (C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations. (D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations. (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations.

8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001 (b)(5)).

10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide; and 11 . Delegates the authority to the (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and

12. Agrees to comply with all applicable federal, state and local laws, ordinances, rules , regulations and guidelines.

Approved and adopted the _ _ day of _ _____ , 20 _ _ _
I, the undersigned, hereby certify that the foregoing Resolution Number _ _ was duly adopted by the (grantee's governing body) following a roll call vote:

Ayes: _ _
Noes:

Absent:
(Clerk)
8 Application Section
• GRANTEE may submit multiple APPLICATION PACKETS.
• Separate APPLICATION PACKETS are required for each PROJECT site. • Provide all APPLICATION PACKET items in the order shown in the following checklist. • Submitted documents need not contain "wet" signatures; but the GRANTEE must keep all original signed documents.
• If submitting hard copies, number all pages of the APPLICATION PACKET. • GRANTEES are encouraged to submit documents digitally, as .pdf files. E-mail each APPLICATION PACKET item to the PROJECT OFFICER as a separate digital file, labeled as the application item.

OGALS will send a contract to the GRANTEE once a PROJECT APPLICATION PACKET has been approved. OGALS will encumber the total amount of approved applications. As GRANTEE submits additional applications, OGALS will amend the contract to reflect the total PROJECT amount for all approved applications, up to the allocation amount.

Any costs incurred prior to finalizing the contract are at the GRANTEE'S own risk. 9 A
State of California - The
~ Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Application Packet Checklist
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.

An APPLICATION PACKET is not complete unless all items on the checklist are submitted.

Each PROJECT requires its own APPLICATION PACKET.
(") Procedural Check when Application QI ::::r Application Item 5· (") -0 CD Guide signed by Packet -0 0 0 ::::r == ;,;- Page# AUTHORIZED Page# - CD 0 - · C: 0 QI ...... REPRESENTATIVE a. ;,;- C" :::l CD - o a. ::::;; CD - □ Application Packet Checklist Pg. 10 Pg.
□ Application Pg. 11 □ Pg .
□ □ Development Project Scope/Cost Pg. 19 □ Pg. Estimate, or □ □ Community Access Project Pg . 20 □ Pg. Scope/Cost Estimate, or □ □ Acquisition Requirements Pg. 13 □ Pg.
□ Funding Sources Form Pg . 21 □ Pg .
□ Per Capita Match Calculator Pg. 12 □ Pg.
□ □ CEQA Compliance Certification Pg. 22 □ Pg.
□ □ Land Tenure documentation Pg.23 Pg .
□ □ Sub-Leases or Agreements Pg.25 Pg .
□ □ . Site Plan Pg. 25 Pg.
□ □ GHG Emissions Reduction Pg.25
r Pg. Worksheet
10 ii
State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Per Capita Project Application Form

I PROJECT NAME REQUESTED GRANT AMOUNT
$
MATCH AMOUNT (if project is not serving a
severely disadvantaged community)
$
PROJECT SITE NAME and PHYSICAL ADDRESS where LAND TENURE (0 all that apply) (not PROJECT is located (including zip code) required for COMMUNITY ACCESS

PROJECTS)
□ Owned in fee simple by GRANTEE
D Available (or will be available) under
a year lease or easement

NEAREST CROSS STREET
(Check one) Project is for Acquisition □ Development □ Community Access □

COUNTY OF PROJECT LOCATION

GRANTEE NAME AND MAILING ADDRESS
I Au 1 HORIZED REPREScN rA II c A:s :sHuwN , N t-<c:suLu 11uN Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE) Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Grant Scope/Cost Estimate Form or acquisition documentation. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate.

Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date I Print Name
Title
I
11 Per Capita Match
PROJECTS that do not serve severely disadvantaged communities (median household income less than 60% of the statewide average) must include 20% match from the GRANTEE (PRC §80061 (c)).

Costs incurred to provide match must be eligible costs.

Visit the website parksforcalifornia.org/percapita and follow the instructions; submit the report with the APPLICATION PACKET.

Eligible match sources
• Federal funds
• Local funds
• Private funds
• IN-HOUSE EMPLOYEE SERVICES
• Volunteer labor
Ineligible match source
• State funds
12 Acquisition Projects
Acquisition Requirements

1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.

2. Land cannot be acquired through eminent domain.

3. Associated acquisition costs, such as appraisals, escrow fees, title insurance, etc., combined must be less than 25% of the PROJECT costs.

4. A deed restriction must be recorded on the property after the acquisition is complete.

5. Land must be open to the public for recreational purposes within three years from the date the final payment is issued by the State Controller's Office (SCO).2

6. GRANTEE must provide Title Insurance.

7. PROJECTS must be consistent with the park and recreation element of the [city/county/district's] general or recreation plan (PRC §80063(b)).

8. Per Capita funds must be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)).

Acquisition Grant Scope/Cost Estimate
Provide the following information on a document signed by the AUTHORIZED REPRESENTATIVE:
• A brief description, for example, "Acquisition of approximately (enter total acreage to be acquired) for the development of_ park by (enter date no later than three years from the date final payment is issued by the SCO)." • Estimated total costs for land and relocation
• Estimated total costs other than the purchase price and relocation costs, such as appraisals, escrow fees, title insurance fees, deed restriction recordation costs Acquisition Documentation
For each parcel to be acquired, submit the following documents:

1. An appraisal conducted within the last twelve months

2. A separate letter from an independent third party, AG rated appraiser certified by the California Office of Real Estate Appraisers stating the appraisal was reviewed, and was completed using acceptable methods

3. County Assessor's parcel map, showing parcel number and parcel to be acquired

4. Estimated value of each parcel to be acquired with a description of how that value was determined (such as the listed price on MLS, in-house estimation, website evaluation, assessed value)

5. Acreage of each parcel to be acquired

6. A description of any encumbrances that will remain on the property, such as grazing, timber, mineral rights or easements

7. A brief description of the intended recreational use of the land with the estimated date by which the site will be open to the public for recreational purposes 2 Grantees will see this date on their project complete letter - "A final payment was issued by the SCO on xx/xx/20xx"
13 8. A letter from the seller indicating a willingness to enter into negotiations to sell the property, and indicating the seller's understanding that the State cannot participate in acquisitions for more than the appraised value
For easement acquisitions, in addition to the requirements above, provide:

9. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.

For relocation costs, in addition to the requirements above, provide:

10. A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §§7260-7277.

Eligible Acquisition Costs
• IN-HOUSE EMPLOYEE SERVICES - see accounting rules for more information (page 48)
• GRANT administration and accounting
• Public meetings/focus groups/design workshop
• Appraisals, escrow fees, surveying, other costs associated with acquisition • Cost of land
Ineligible Acquisition Costs - Cannot be charged to the grant • Acquisitions to fulfill any mitigation requirements imposed by law (PRC §80020) • Land acquired outside state
• Costs incurred outside the grant performance period
• Development costs
• Acquisitions for less than fee title
14 Development Projects
Development Project Requirements

1. PROJECTS must be consistent with the park and recreation element of the GRANTEE'S general or recreation plan (PRC §80063(b)).

2. Per Capita funds must be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)).

3. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.

4. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE'S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.

5. PRE-CONSTRUCTION COSTS may not exceed 25% of the PROJECT amount.

6. The primary purpose of any building constructed or improved must be public recreation. Renovating a gymnasium that includes office space for staff is eligible; renovating GRANTEE'S office building is not.

7. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.

Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.

Eligible Pre-construction Costs - up to 25% of PROJECT costs; incurred prior to groundbreaking as determined by the GRANTEE
• Public meetings, focus groups, design workshops
• Plans, specifications, construction documents, and cost estimates • Permits
• CEQA
• Bid preparation and packages
• IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
• Grant administration and accounting prior to groundbreaking Eligible Construction Costs - up to 100% of the PROJECT costs; incurred after groundbreaking.
• Construction - necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision • Equipment- Equipment use charges (rental and in-house) must be made in accordance with GRANTEE'S normal accounting practices.
• Bond and other signs
• Premiums on hazard and liability insurance to cover personnel or property • Site preparation
• Purchase and installation of equipment: security cameras, lighting, signs, display boards, sound systems, video equipment, etc.
15 • Construction management: including site inspections and PROJECT administration • Miscellaneous: other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications • Employee services after groundbreaking
• GRANT administration and accounting after groundbreaking Ineligible Development Costs - Cannot be charged to the grant • PRE-CONSTRUCTION COSTS that exceed 25% of the PROJECT costs • Development to fulfill any mitigation requirements imposed by law (PRC §80020) • All non-capital costs, including interpretive and recreational programming, software and software development
• Construction or improvements to facilities that are not primarily designated for recreational purposes, such as park district offices
• Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
• Costs incurred before or after the GRANT PERFORMANCE PERIOD • Indirect costs - overhead business expenses of the GRANTEE'S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) • Food and beverages
• Out-of-state travel
• Repairs - activities performed to a section of a structure that are intended to allow the continued use.
• Maintenance - activities intended to be performed on a regular basis to maintain the expected useful life of a structure.
• Fundraising
Distinguishing capital outlay from maintenance and repair:
• Capital outlay - building something new, or in regards to existing structures, activities intended to boost the condition beyond its original or current state. • Repairs - activities performed to a section of a structure that are intended to allow the continued use.
• Maintenance - activities intended to be performed on a regular basis to maintain the expected useful life of a structure.

Examples:

Roof - replacing broken shingles is maintenance; fixing a hole is repair; replacing the roof is capital outlay.

Playground - adding additional fall material is maintenance; fixing the chains on a swing set is repair; replacing the play structures is capital outlay.

Windows - repairing the glazing is maintenance; replacing broken panes is repair; replacing the windows is capital outlay.
16 Community Access Projects
Community Access Project Requirements

1. PROJECTS must be consistent with the park and recreation element of the GRANTEE'S general or recreation plan (PRC §80063(b)).

2. Per Capita funds must be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)).

3. Contracted work must comply with the provisions of §1771 .5 of the State Labor Code.

4. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE'S interest against poor workmanship , fraud, or other potential loss associated with the completion of the PROJECT.

Eligible Community Access Project Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD . Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.
• Meetings: public meetings/focus groups, GRANTEE planning sessions • PROJECT management (excluding grant writing) and accounting • Non-capital costs, including interpretive and recreational programming, software and software development
• IN-HOUSE EMPLOYEE SERVICES related to PROJECT activities. • Equipment (the cost of equipment or vehicle(s) currently owned by the grantee):
such equipment or vehicle(s) may be charged to the grant for each use. The GRANTEE shall maintain a log that describes the activities conducted and the time that the equipment or vehicle is used , as related to the grant scope, as well as a license number or vehicle identification number.
• GRANTEE may also rent or purchase the equipment or veh icle(s), whichever is the most economical use of grant funds.
• Purchased equipment or vehicle(s): residual market value shall be credited to the project costs upon completion.
• Supplies and materials: activity supplies, educational materials, communication materials, etc. Suppl ies and materials may be drawn from central stock if claimed costs are no higher than those the grantee would pay if purchased elsewhere. • Miscellaneous costs: other'costs incurred, such as transporting materials or personnel.

Ineligible Community Access Project Costs
• Costs incurred before or after the grant performance period • Indirect costs - overhead business expenses of the grantee's fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) • Food and beverages
• Out-of-state travel
• Capital outlay expenditures
• Costs associated with master plans
17 • Repairs and maintenance by IN-HOUSE EMPLOYEE SERVICES • Fundraising
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee's actual time spent on the PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee's time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE'S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers' compensation . • Overtime costs may be allowed under the GRANTEE'S established policy, provided that the regular work time was devoted to the same PROJECT. • May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.
18 State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Development Project Scope/Cost Estimate Form
GRANTEE:------------ Project Name:-----------
Development project scope (Describe the PROJECT in 30 words or less):

Project Scope Items - 0 all that apply:

Install Renovate Replace Recreation Element
new existing existing
□ □ □ Pool, aquatic center, splash pad
□ □ □ Trails or walking paths
□ □ □ Landscaping or irrigation
□ □ □ Group picnic, outdoor classrooms, other gathering spaces □ □ □ Play equipment, outdoor fitness equipment
□ □ □ Sports fields, sports courts, court lighting
□ □ □ Community center, gym, other indoor facilities
□ □ □ Restroom, concession stand
□ □ □ Other:
□ □ □ Other:
□ □ □ Minor elements which support one or more of the recreation elements checked above: benches, lighting, parking, signage, etc.

Total estimated cost for construction: $
PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design, permits, bid packages, CEQA); up to 25% of total project cost. $ Total PROJECT cost: $
Subtract GRANTEE match if not in severely disadvantaged community (20% of total PROJECT Cost) $ -
Total PROJECT amount requested: $
The GRANTEE understands that all elements listed on this form must be complete and open to the public before the final grant payment will be made.

AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
19 State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Community Access Project Scope/Cost Estimate Form
GRANTEE:------------ Project Name:-----------
Project site:

Project Scope Items - li'.:I all that apply and provide a brief description:

Transportation (for recreation programs)
□
Physical activity programming (sport leagues, dance, exercise, etc.) □
D I Resource interpretation
Multilingual translation
□
□
□
□
□
Natural science
Workforce development and career pathways
Education
! Communication related to water, parks, climate, coastal protection, and other outdoor pursuits
Total PROJECT cost: $
Subtract GRANTEE match if not in severely disadvantaged community (20% of total PROJECT Cost) $ -
Total PROJECT amount requested : $
The GRANTEE understands that all elements listed on this form must be complete and available to the public ~efore the final grant payment will be made.

AUTHORIZED REPRESENTATIVE Signature Date
I Print Name and Title
20 State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Funding Sources Form
GRANTEE:------------ Project Name:-----------
PROJECTS funded by the program are not complete until the grant SCOPE is complete.

If Per Capita grant funds will be used as part of the funding for a larger project, GRANTEES can do one of the following:

1. Identify a smaller subset of the larger project that can be completed. That smaller project will be the grant SCOPE.

2. Incorporate the funds from the Per Capita grant into the larger project. The larger project will be the grant SCOPE.

Per Capita funds will/ will not (circle one) be used as part of the funding for a larger project.

If Per Capita grant funds will be used as part of the funding for a larger project, briefly describe the scope of that larger project:

The total cost of the larger project that these grant funds will contribute to is: $ ___ _ Anticipated completion date: _______ _
List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.

Funding Source Date Committed Amount
Per Capita/State of California July 1, 2018 $
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
21 State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification
Not required for COMMUNITY ACCESS PROJECTS
GRANTEE: _________________________ _
Project Name: ________________________ _
Project Address: ______________________ _
Is CEQA complete? Yes No Is completing CEQA a project scope item? Yes No What document was filed, or is expected to be filed for this project's CEQA analysis:

Date complete/expected to be completed
□ Notice of Exemption (attach recorded copy if filed)
□ Notice of Determination (attach recorded copy if filed) □ Other:
-------------
If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.

Lead Agency Contact Information:

Agency Name: ___________________________ _
Contact Person: ___________________________ _
Mailing Address: ___________________________ _
Phone: ( Email: ---------------
Certification:

I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project's construction or acquisition.

I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.

AUTHORIZED REPRESENTATIVE
(Signature)

FOR OGALS USE ONLY
CEQA Document I Date Received

NOE NOD I
Date
I PO Initials
I
22 AUTHORIZED REPRESENTATIVE
(Printed Name and Title)
Land Tenure
The purpose of the land tenure requirement is to verify that the GRANTEE has sufficient legal rights to the property to fulfill the terms of the contract. • PROJECT amounts up to $100,000 require at least 20 years of land tenure at the site to be acquired or developed.
• PROJECT amounts greater than $100,000 require at least 30 years of land tenure at the site to be acquired or developed.
• The 20 or 30 year land tenure requirement begins on July 1, 2018. • The GRANTEE remains responsible for fulfillment of the terms of the contract, even if the GRANTEE'S land tenure agreement changes within the contract PERFORMANCE PERIOD .
• Not applicable to COMMUNITY ACCESS PROJECTS.

Land Tenure Ownership Documentation
If the GRANTEE owns PROJECT site in fee simple, provide one of the following:
• Deed or deed recordation number, or
• Title report, or
• Tract map or assessor's map with owner's name
Land Tenure Non-Ownership Documentation
If the GRANTEE does not own the PROJECT site in fee simple, provide:
• Land Tenure Agreement Checklist (page 24)
• Signed land tenure agreement
If the grantee does not own the project site in fee simple, and the existing land tenure agreement does not meet the requirements shown in the Land Tenure Checklist, provide
• Land Tenure Agreement Checklist (page 24)
• Signed land tenure agreement
• An explanation as to how the existing land tenure agreement adequately protects the State's interest. OGALS will review and determine if the land tenure is sufficient.
23 Land Tenure Agreement Checklist
If the GRANTEE does not own the land in fee simple, compl~te this checklist. Attach a copy of the signed land tenure agreement. Identify the page numbers where the required items can be found in the land tenure agreement and highlight the provisions in the agreement where the information is located. All items are required.

GRANTEE:------------ Project Name:-----------
0 Page Required Item
Type of agreement: For example: lease, joint powers agreement, □ easement, memorandum of understanding, etc.

Parties to the agreement (land owner must be public agency or utility) and date signed:

Party Date Signed
□
□ Term of the agreement: __ years
Agreement end date:
□
• Grant amounts up to $100,000 require at least 20 years of land tenure. • Grant amounts above $100,000 require at least 30 years of land tenure. • The land tenure requirement beqins on July 1, 2018.
□ Renewal option: Must include an option, which can be non-binding, for the GRANTEE to renew the agreement beyond the oriqinal 20 or 30 year term.

Termination clause: Any of the following is acceptable:
• No termination clause - the agreement is non-revocable. □ • Termination clause specifies the agreement is revocable only for cause. • The termination clause cannot allow the land owner to revoke the agreement without cause, i.e., at will.

Site Control, Roles and Responsibilities should the GRANT be awarded, the agreement:
• Authorizes the GRANTEE to proceed with the construction PROJECT. The GRANTEE may delegate construction to other entities.
• Establishes when the general public can use the PROJECT and gives GRANTEE permission to operate the PROJECT site (such as scheduling □ recreational programs). The GRANTEE may delegate operational roles to other entities but is bound through the contract provisions to ensure full public access for the duration of the land tenure period . • Identifies which entity will maintain the PROJECT site. The GRANTEE may delegate maintenance to other entities but is bound through the contract provisions to ensure maintenance of the PROJECT site for the duration of the land tenure period.
24 Site Plan
Provide a drawing showing where all the items listed in the PROJECT SCOPE/Cost Estimate Form will be located. To ensure that any building use meets the requirements of the program, include the function and approximate square footage of each room within buildings that are part of the SCOPE, and the approximate total square footage of the buildings. It does not need to be a detailed engineering rendering. Not required for COMMUNITY ACCESS PROJECT applications.

Sub-leases or Agreements
Provide a list of all other leases, agreements, memoranda of understanding, etc., affecting PROJECT property or its operation and maintenance.

Greenhouse Gas Emissions Reduction and Carbon Sequestration. 3 If your PROJECT involves tree planting, follow the instructions below. If your PROJECT does not involve tree planting, check the NIA box for this item on the Application Checklist.

Before getting started, gather the following information about your PROJECT:
• Tree species
• Size of trees at planting
• Information on the distance and direction to the nearest building (if applicable) • Information on the age and climate control of any nearby buildings (if applicable) • Information about the tree's growing conditions
Getting started:

1. Navigate to the i-Tree site at https://planting.itreetools.org and select the tab for a new project.

2. On the Location map, select your state, county and city, and then click Next.

3. Configure the project parameters4:
• "Electricity emissions factor" enter 285 and select kilograms • "Fuel emissions factor'' enter 53.1 and select kilograms • "Years for the project" is the age of the trees 40 years from when they are planted. So, if the trees will be four years old at the time of planting, enter 44. • "Tree mortality" enter 0

4. Tree Planting Configurations
• Enter the tree groups for the project; create a new group for each new . species or for each new location.
• Species - select the species; add multiple species by creating new groups. • DBH - tree diameter four feet above the ground at time of planting. • Distance to nearest tree - select from drop down menu 3 PRC §80001 (b)(7) 4 Project parameters are from the California Air Resources Board's "Quantification Methodology for the California Natural Resources Agency Urban Greening Grant Program." 25 • Tree is (north, south, east or west) of Building - select the direction the tree is located to the nearest climate controlled building.
• Climate controls - select the type of climate controls the nearby building has installed. If a tree is more than 60 feet away from a climate controlled building, select "none."
• Condition - select the overall health of the trees at the time of planting. • Exposure to sunlight - select the amount of sun that reaches the tree, based on its surroundings.
• Number of trees - enter the number of trees that are the same species and the same characteristics (e.g. distance to building, location in respect to building, exposure to sunlight, etc.) If some of these characteristics change, multiple lines of the same species should be input into the tool.

Once all the groups are entered, hit next

5. Print the report in landscape mode, and submit it with your application.

Special Requirements
• Status Reports (page 26)
• Bond Act Sign (page 28)
• Deed Restriction (page 29)
Status Report
OGALS will send a Status Report every six months until receipt of a PROJECT COMPLETION PACKET. Payment requests will not be processed if Status Reports are overdue. 26 Sample Status Report- Due xx/xx/20xx (30 days from mail date) Grantee:

Project Number:

Project Name:

Project Scope:

Project Phase: □ Pre-Construction/Pre-Acquisition □ Acquisition and/or Construction □ Community Access
When will you submit your next payment request?
Estimated date of project completion:

Potential obstacles affecting completion:

For how much?
Is the PROJECT: On Time? yes/no Within Budget? yes/no Within Scope? yes/no If no, explain:

Describe grant-funded work completed since last status report submitted on (DATE):

Provide photos showing work completed since (DATE)
Describe grant-funded work expected to be completed by (MailDate + 6 mos) If there have been any changes to the proposed funding for this project, attach a revised Funding Sources Form.

Provide information on payments to be submitted over the next three years:

Between Between Between Between Between Between After
7/1 /18 7/1 /19 1 /1 /20 7/1/20 1 /1 /21 7/1 /21 1 /1 /22 and and and and and and
6/30/19 12/31/19 6/30/20 12/30/20 6/30/21 12/30/21
$ $ $ $ $ $ $
The purpose of this data is to help the State estimate borrowing needs; you will not be held to these estimates.

I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.

Authorized Representative* Title Date
(*Certification to above information requires a signature by a person authorized in the resolution)
27 Bond Act Sign
A sign acknowledging the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 as the funding source for the PROJECT must be installed during construction and at completion (PRC §80001 (b)(3)). A sign is not required for COMMUNITY ACCESS PROJECTS.

Types of Signs
1) Construction - An acknowledgment sign is required during construction. 2) Post Completion - All grantees are required to post a sign at the PROJECT site upon completion of the project. The sign must be available for the final inspection of the PROJECT and remain in place for a minimum of four (4) years from date of PROJECT completion. There is no minimum or maximum size other than the minimum size for the logo, as long as the sign contains the required wording.

If appropriate, the same sign can be used during construction and completion .

Sign Language
All signs must contain the language shown to the
right of this paragraph. Use the names of the
current officials. The name of the director of the
GAVIN

NEWSOM,

GOVERNOR
Wade local agency or other governing body may be crowfoot, added. The sign may also include names (and/or Secretary for logos) of other partners, organizations, individuals Natural Resources and elected representatives. Lisa Mangat,
Director,
Logo California
All signs must display the Parks and Water Bond Department of Act logo. The logo is available at Parks and
Recreation http://resources.ca.gov/grants/logo-art/. Display the logo to maximize visibility and durability. Each
edge of the logo must be a minimum of 24" x 24". Exceptions may be approved, when appropriate, at OGALS' discretion.

Sign Construction
All materials used shall be durable and resistant to the elements and graffiti. The California Department of Transportation and DPR standards may be used as a guide for gauge of metal, quality of paints used, mounting specifications, etc.

Sign Cost
The cost of the sign(s) is an eligible PROJECT cost. Permanent signage is encouraged.

Appropriateness of Signs
For projects where the required sign may be out of place or affected by local sign ordinances, OGALS may authorize a sign that is more appropriate to the project.

State Approval
GRANTEE shall submit the proposed number, locations, size, and language of signs for preliminary review. Final payments will not be processed until post completion signage has been approved and installed.
28 Deed Restriction
The Deed Restriction restricts the title to the property, safeguarding the property for purposes consistent with the GRANT for the duration of the contract PERFORMANCE PERIOD . A Deed Restriction is not required for COMMUNITY ACCESS PROJECTS.

If the GRANTEE owns the PROJECT land, a Deed Restriction must be recorded on the title to the property before OGALS will approve any grant payments except an advance into escrow.

A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such as where the GRANTEE is improving property it has access to under a lease agreement.

Deed Restriction Instructions

1. Before filing the Deed Restriction, the GRANTEE must own the PROJECT land, and have an encumbered contract for the GRANT amount.

2. The PROJECT OFFICER will send the Deed Restriction to the GRANTEE. Do not alter the Deed Restriction. The GRANTEE takes the following steps:

1. Add ownership information to Paragraph I of the Deed Restriction: [formal name of GRANTEE] Insert ownership information as it appears on the deed.

2. Create 3 copies (GRANTEE copy, OGALS copy and recorder's copy) of the Deed restriction and the required attachments:
(1) Exhibit A: Label this attachment "Exhibit A (Legal Description of Property)" and include a formal legal description of every parcel of property to which grant funds will be used for the development and/or acquisition thereof. This information can be obtained from the grant deed or title policy. (The assessor's parcel number or a street address is NOT a valid legal description.) and,
(2) Exhibit B: Label this attachment "Exhibit B (Grant Contract)" and include a complete copy of the Grant Contract and provisions signed by the AUTHORIZED REPRESENTATIVE and the State of California.

3. Notarize it: Take the following documents to a notary. OGALS recommends submitting these documents to the OGALS PROJECT OFFICER for review prior to notarizing.
• Unsigned and undated Deed Restriction
• Exhibit A (Legal Description of Property)
• Exhibit B (Grant Contract)
The AUTHORIZED REPRESENTATIVE dates and signs the Deed Restriction signature page in the presence of a notary. The notary will complete a Notary Acknowledgement (Civil Code §1189).

4. Record it: Take the notarized documents bulleted above to the County Recorder's Office of the county in which the property is located. Ask the County Clerk to record the Deed Restriction with Notary Acknowledgement, Exhibit A, and Exhibit B, on the title to the property.

5. Send it: Send a copy of the notarized and recorded documents bulleted above to the OGALS PROJECT OFFICER.
29 RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn : [Project Officer]

DEED RESTRICTION
I. WHEREAS, insert ownership information as it appears on the deed (hereinafter referred to as "Owner(s)" is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as "DPR") is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the "PRC"). And
Ill. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program for improvements on the Property; and
IV. WHEREAS, on (enter date), DPR's Office of Grants and Local Services conditionally approved Grant [project number], (hereinafter referred to as "Grant") for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the Per Capita Program and the funds that are the subject of the Grant could therefore not have been allocated; and
30 VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

1. DURATION. This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 20xx to June 30, 20xx (20 years) or June 30, 20xx (30 years).

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to 31 enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding such breach, or any subsequent breach.

5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

Dated: , 20 ----------
Business Name (if property is owned by a business):

Signed: ___________ _
Authorized Representative
PrinVType Name & Title of Above
32 Signed: __________ _
Additional signature, as required
PrinVType Name & Title of Above
Grant Payment Section
Payments may be requested after a PROJECT is approved and the contract is encumbered.

Payment requests are processed through the State Controller's Office and mailed to the GRANTEE approximately six to eight weeks from the date OGALS approves the request.

Payment Requirements

1. Payment requests prior to groundbreaking are limited to 25% of the PROJECT amount.

2. Payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final reimbursement.

3. A deed restriction is required prior to processing any reimbursements except COMMUNITY ACCESS PROJECTS and an acquisition ADVANCE.

4. Group costs together to avoid frequent payment requests . Reimbursement requests greater than $10,000 are encouraged.

5. For PROJECTS where match is required, GRANTEES must show eligible costs equal to 125% of the requested reimbursement amount.

6. CEOA must be complete prior to requesting any construction reimbursement.

7. Provide a sample timesheet with the first IN-HOUSE EMPLOYEE SERVICES reimbursement.

8. A summary list of bidders, recommendation by reviewer of bidders, awarding by governing body and contract agreement must be provided to the PROJECT OFFICER prior to requesting a reimbursement related to that contract.

9. Provide construction progress photos, including a photo with the construction sign visible on the PROJECT site (see page 28), with all construction payment requests.

10. Payment may be withheld by OGALS if the GRANTEE has outstanding issues, for example: breach of any other contract with OGALS, an unresolved audit exception, outstanding conversion, or having other park sites closed or inadequately maintained.

Payment Request Form Instructions
• All payment request types (reimbursement, final, ADVANCE) require this form. • Payment requests may be submitted by e-mail to the PROJECT OFFICER. • Round all amounts to the nearest whole dollar.
• Complete the Payment Request Form as follows :

1. PROJECT Number - Number assigned by OGALS when this PROJECT was approved .

2. Contract Number - As shown in Certification of Funding section of the contract

3. APPLICANT - GRANTEE name as shown on the contract

4. PROJECT Title - Name of the PROJECT as shown in the Application

5. Type of Payment - check appropriate box on form

6. Payment Information - always round down to the nearest dollar.

7. Send Warrant To - AGENCY name, address and contact person

8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution 33 Payment Request Form
See Instructions on Page 2.

1. PROJECTNUMBER

3. APPLICANT

4. PROJECT NAME

5. TYPE OF PAYMENT
State of Coliromia - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PAYMENT REQUEST
State Grant Programs

2. CONTRACT NUMBER
--------
D Advance D Reimbursement [] Final

6. PAYMENT INFORMATION
·{Round all fiaures ro the nearest dollar)
a. Grant Project Amount $
b. Funds Received To Date $
C. Available (a. minus b.) $
d. Amount Of This Request $1
e. Remaining Funds After This Payment (c. minus d.) $

7. SEND WARRANT TO:

AGENCY NAME

STREET ADDRESS

CITY/STATE/ZIP CODE

8. CERTIFICATION AND SIGNATURE Of PERSON AUTHORIZED IN RESOLUTIOtf I
I represent and warrant that I have fill/ authority to execute this payment request on behaU of the Grantee. I declare under penalty of perjury, under the laws of the state of California, that this report, and any accompanying documents, for the above-mentioned.Grant ls true and correct to the best_ of my knowledge.

SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION :TITLE 'DATE ► i

FOR CALIFORNIA DEPARTMENT OF PARKS AND RECREATION USE ONLY

PAYMENT APPROVAL SIGNATURE 'DATE
►
CPR 212 (Rev. 3/201_5XExoel 3/3/2015XPage I of 2)
34 Grant Expenditure Form
All payment requests require a summary of costs incurred. An electronic version of this form is available at www.parks.ca.gov/grants . Grantees may use their own spreadsheet if it contains the required information shown below. Keep copies of invoices or warrants with the PROJECT records, available to OGALS upon request.

Only provide the following information to OGALS:

PROJECT Number -----------
Warrant/Check #(1) Date(2)
PRE-CONSTRUCTION Subtotal (5)
Construction Subtotal (6)
Grand Total (5) + (6)
Recipient(3)
List only ELIGIBLE COSTS charged to the GRANT.

Purpose(4)
Pre- Construction Construction Amount(6) Amount(5)
$ ___ _
$ _____ _
$ ___ _
Column (1) Electronic payment numbers/electronic funds transfer numbers in the "Warrant/Check Number" column are acceptable. Include an "EP" next to the electronic payment numbers/electronic funds transfer numbers.

If IN-HOUSE EMPLOYEE SERVICES or GRANTEE'S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number.

Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual hours worked.

Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services and/or materials.

Column (4) SCOPE item related to the expenditure and a brief description, such as "playground design," "community center permits," "walkway materials," "sports field construction."
Column (5) PRE-CONSTRUCTION costs eligible for up to 25% of the GRANT amount.

Column (6) DEVELOPMENT or COMMUNITY ACCESS PROJECT costs eligible for up to 100% of GRANT amount.
35 Project Completion Packet
PROJECT COMPLETION PACKETS must be submitted by March 31, 2022.

The final payment (not less than 20% of the PROJECT. amount) will be processed after PROJECT COMPLETION and the following occurs:

1. Approval of the PROJECT COMPLETION PACKET (page 36).

2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.

To request the final payment and complete the PROJECT, the GRANTEE must submit the following documents:

For COMMUNITY ACCESS PROJECTS:

1. Payment Request Form (page 34)

2. Grant Expenditure Form (page 35)

3. Final Funding Sources Form (page 21)

4. PROJECT COMPLETION Certification Form (page 37)
For development PROJECTS, the GRANTEE must submit these additional documents:

5. Photo of the bond act sign and location (page 28)

6. Recorded Deed Restriction if not already provided (page 29)

7. Completed CEQA if not already provided (page 22)

8. Notice of Completion (optional)5
For acquisition PROJECTS, the GRANTEE must submit these additional documents:

1. A copy of the recorded deed to the property

2. A map sufficient to verify the description of the property including parcel numbers and acreage

3. Copy of title insurance policy

4. Copy of title report
5 OGALS recommends that the GRANTEE file a Notice of Completion with the County Recorder pursuant to State of California Civil Code §3093. Filing the Notice of Completion is not a PROJECT COMPLETION requirement.
36 Project Completion Certification Form
Grantee: _________________ Project Number: _____ _
Grantee contact for audit purposes
Name: -------------------------------- Address: ------------------------------- Phone: (~_~) _______ _ Email: ---------------- Project completion - list the grant scope items:

Provide revised Funding Sources Form
Interest earned on advanced funds: $ --------
1 n t ere st spent on eligible costs: $ --------
Was a Notice of Completion filed with the County Recorder? Yes No Certification:

I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done.

I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.

Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.

I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.

GRANTEE'S AUTHORIZED REPRESENTATIVE Title
(Printed or Typed name)
GRANTEE'S AUTHORIZED REPRESENTATIVE (Signature) Date
37 Advance Payments
• ADVANCE payments are made at the discretion of OGALS. OGALS reserves the right to disapprove ADVANCE payment requests.
o Past performance, GRANTEE capacity, and the GRANTEE'S financial resources will all be considered before issuing an ADVANCE.
o GRANTEE'S that are unable to finance a considerable portion of their PROJECTS are encouraged to seek an allocation transfer (page 53). • ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.
• ADVANCE funds, and any interest earned on those funds, must be spent within six months of receipt, or returned to OGALS.
• The sum of DEVELOPMENT and COMMUNITY ACCESS PROJECT ADVANCES cannot exceed 50% of the PROJECT amount.

Pre-Construction Advance
Payment Maximum When to Documents to
Type Request Request Send to PROJECT OFFICER
ADVANCE(s) Preconstruction After the • Payment Request Form costs to be estimate shown on contract has
• ADVANCE justification (see incurred in Development been below) next six Project SCOPE/Cost encumbered months Estimate Form
Construction Advance and Community Access Project Advance Payment Maximum When to Request Documents to
Type Request Send to PROJECT OFFICER
ADVANCE(s) No more than After the contract • Payment Request Form costs to be 50% of the has been
• ADVANCE justification (see below) incurred in grant amount. encumbered, and next six construction will • Copy of signed contract and a months commence during notice to proceed or IN-HOUSE
the next six EMPLOYEE SERVICES schedule
months • Filed NOD or NOE (page 22)
Advance Justification
Provide the following information:
• Explanation as to why an ADVANCE is needed instead of a reimbursement. Describe any hardships the GRANTEE will experience if a reimbursement were issued instead of an ADVANCE.
• A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE SERVICES or name of contractor). The six month period should begin six to eight weeks after payment request is submitted.
38 • A funding plan, indicating how the GRANTEE intends to provide cash flow to the percentage of the PROJECT exceeding the 50% ADVANCE limit. • A statement indicating the GRANTEE will put the advanced funds into a separate, interest bearing account, and spend any interest earned on the PROJECT. • An acknowledgement that all invoices and contracts pursuant to which payments are made shall be made available to OGALS on demand.

Clearing the Advance
ADVANCES must be cleared with six months of receipt, or earlier. ADVANCES should be cleared incrementally, that is, as costs are incurred.

An ADVANCE is cleared as follows:
• Submit a grant expenditure form (see page 35) documenting expenditures of eligible costs equal to the ADVANCE amount plus any earned interest (or 125% of the ADVANCE amount if match is required).
• Submit photos of construction completed and the construction sign (see page 28) with the ADVANCE funds (for construction ADVANCES).
• Return the balance of unspent GRANT funds to OGALS no later than thirty days after the end of the six month ADVANCE period. OGALS will then return the GRANT funds to the contract balance. OGALS cannot return interest to the contract balance.

Subsequent Payments
ADVANCE payments must be cleared before any payments will be approved.

This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment. The following are required to request a waiver:

1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE, explaining why the waiver is needed.

2. A statement in the letter that the majority of ADVANCED funds has been cleared.

3. A payment schedule with month by month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.

Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to After the contract is See following instructions 100% of the GRANT encumbered and escrow 1 . Escrow letter and MATCH amounts is open 2. Title report cover page

3. Payment request form
39 The following items are required to request an ADVANCE payment into escrow:

1. A letter on the GRANTEE'S letterhead, addressing all of the following elements, and signed by the GRANTEE'S AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed. b) Copy of the property appraisal and written concurrence (page 13). c) GRANT contract number and amount of GRANT funds requested. d) A statement by the GRANTEE that "the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the PROJECT SCOPE and fulfillment of the contract provisions." e) A statement by the GRANTEE that "all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds." In making this statement, the GRANTEE is entitled to reasonably rely on the representations of the seller.

2. Cover page of the preliminary title report.

3. Payment Request Form. The "Send Warrant To" item 7 on the Payment Request Form must be completed using the title company's or escrow holder's name, mailing address, and contact person (see page 34).

After approval by OGALS, the payment will be mailed by the State Controller's Office to the designated escrow company within approximately 30 working days.

Returning Unexpended Advanced Funds for Acquisition
If all or a portion of GRANT funds ADVANCED to the title or escrow company are not expended, the unused portion of the ADVANCED funds must be returned to OGALS within 60 days after completion of the acquisition(s), within 60 days of the acquisition withdrawal, or within 60 days after the end of the GRANT PERFORMANCE PERIOD, whichever is earliest. 40 Per Capita Contract
Grantee: Grantee
State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Sample Grant Contract
Per Capita Program
Grant Performance Period is from July 1, 20xx through June 30, 20xx CONTRACT PERFORMANCE PERIOD is from July 1, 20xx through June 30, 20xx The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

Total State grant amount not to exceed$ Grant amount •
The General and Special Provisions attached are made a part of and incorporated into the Contract.

GRANTEE
By
Title
Date
(Typed or printed name of Authorized
Representative)
(Signature of AUTHORIZED REPRESENTATIVE)

CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE$ CONTRACT NUMBER
ADJ. INCREASING ENCUMBRANCE$ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE$ LINE ITEM ALLOTMENT
T.B.A. NO. j B.R.NO. INDEX

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By _____________ _
Date ____________ _
FUND
CHAPTER j STATUTE FISCAL YEAR
Funding Source OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER ! DATE
41 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and [grantee name] (hereinafter referred to as "GRANTEE").

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx California State Budget, Chapter xx, statutes of 20xx, Item number - 3790-xxx-xxxx (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 1, 20xx to June 30, 20xx.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.

4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set 42 forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, §21000, et seq., Title 14, California Code of Regulations, §15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.) C. Procedural Guide

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The grant performance period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the ST ATE. 43 E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of 44 the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the ST ATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the 45 purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT.

5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of 46 implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

N. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

0. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

GRANTEE
By: ____________ _
Signature of Authorized Representative
Title:

Date: ---------------

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By:

Date: ---------------
47 Accounting and Audits
Accounting Requirements
GRANTEES must use accounting practices that:
• Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, time cards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.

Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee's actual time spent on the PROJECT.
• Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
• Time sheets that do not identify the specific employee's time spent on the PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the GRANTEE'S wage and salary scales, and may include benefit costs such as vacation, health insurance, pension contributions and workers' compensation.
• Overtime costs may be allowed under the GRANTEE'S established policy, provided that the regular work time was devoted to the same PROJECT.
• May not include overhead or cost allocation. These are costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.

State Audit
Grants are subject to audit by DPR. (See page 49, Audit Checklist). All PROJECT records must be retained for five years after final payment was issued, or PROJECT terminated, whichever is later.

The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
• All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by DPR. • An employee having knowledge of the PROJECT and its records to assist the DPR auditor.

Record Keeping Recommendation
GRANTEES are encouraged to keep records of all eligible costs, including those not submitted to OGALS for payment. This provides a potential source of additional eligible costs, should any submitted expenses be deemed ineligible.

Contact the DPR Audits Office at (916) 657-0370 for questions about these requirements. 48 Audit Checklist
An audit of the PROJECT may be performed before or following PROJECT completion. The GRANTEE must retain and make available all PROJECT related records for five years following PROJECT termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at (916) 657-0370.

CONTRACTS
Summary list of bidders (including individual bid
packages)
Recommendation by reviewer of bids
Awarding by governing body (minutes of the
meeting/resolution)
Construction contract agreement
Contract bonds (bid, performance, payment)
Contract change orders
Contractor's progress billings
Payments to contractor (cancelled checks/warrants,
bank statements and EFT receipts**)
Stop Notices (filed by sub-contractors and release if
applicable)
Liquidated damages (claimed against the contractor)
Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
Authorization/work order identifying project
Daily time sheets signed by employee and supervisor
Hourly rate (salary schedules/payroll register)
Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
Authorization/work order
Daily time records identifying the project site
Hourly rate related backup documents

MINOR CONTRACTS/MATERIALS/SERVICES/

EQUIPMENT RENTALS
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelled checks/warrants, bank
statements and EFT receipts **)

ACQUISITION
Appraisal Report
Did the owner accompany the appraiser?
10 year history
Statement of just compensation (signed by seller)
Statement of difference (if purchased above
appraisal)
Waiver of just compensation (if purchased below
appraisal: signed by seller)
Final Escrow Closing Statement
Cancelled checks/warrants, bank statements and EFT
receipts, [payment(s) to seller(s)]
GRANT deed (vested to the participant) or final order of condemnation
Title insurance policy (issued to participant)
Relocation documents
Income (rental, grazing, sale of improvements, etc.)

INTEREST
Schedule of interest earned on State funds advanced
Note: Interest on grant advances is accountable,
even if commingled in a pooled fund account and/or
interest was never allocated back to the grant fund.

AGREEMENT/CONTRACTS
Leases, agreements, etc., pertaining to
developed/acquired property
Proof of insurance pertaining to developed/acquired
property
* Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the time of audit.
** Front and back if copied.
49 References
Public Resources Code relating to the Per Capita program 80000.

This division shall be known, and may be cited, as the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. 80001.
(b) It is the intent of the people of California that all of the following shall occur m the implementation of this division:
(3) To the extent practicable, a project that receives moneys pursuant to this division will include signage informing the public that the project received funds from the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of2018. (5) To the extent practicable, a project that receives moneys pursuant to this division will provide workforce education and training, contractor, and job opportunities for disadvantaged communities.
(7) To the extent practicable, administering entities should measure or require measurement of greenhouse gas emissions reductions and carbon sequestrations associated with projects that receive moneys pursuant to this division.
(8) To the extent practicable, as identified in the "Presidential Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and Waters," dated January 12, 2017, the public agencies that receive funds pursuant to this division will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low-_income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations.
(D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations.
(F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new pa11nerships with diversity-serving and youthserving organizations, urban areas, and programs. (G) Identifying possible staff liaisons to diverse populations. 80002.
( d) "Depa11ment" means the Department of Parks and Recreation. (n) "Severely disadvantaged community" means a community with a median household income less than 60 percent of the statewide average.
80008.
( c) (1) Up to 5 percent of funds available pursuant to each chapter of this division shall, to the • extent permissible under the State General Obligation Bond Law (Chapter 4 (commencing 50 with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) and with the concurrence of the Director of Finance, be allocated for community access projects that include, but are not limited to, the following:
(A) Transportation.
(B) Physical activity programming.
(C) Resource interpretation.
(D) Multilingual translation.
(E) Natural science.
(F) Workforce development and career pathways.
(G) Education.
(H) Communication related to water, parks, climate, coastal protection, and other outdoor pursuits. 80020.

Moneys allocated pursuant to this division shall not be used to fulfill any mitigation requirements imposed by law.

CHAPTER 3. Investments in Protecting, Enhancing, and Accessing California's Local and Regional Outdoor Spaces
80060.

For purposes of this chapter, "district" means any regional park district, regional park and openspace district, or regional open-space district formed pursuant to Article 3 ( commencing with §5500) of Chapter 3 of Division 5, any recreation and park district formed pursuant to Chapter 4 (commencing with §5780) of Division 5, or any authority formed pursuant to Division 26 (commencing with §35100). With respect to any community or unincorporated region that is not included within a district, and in which no city or county provides parks or recreational areas or facilities, "district" also means any other entity, including, but not limited to, a district operating multiple-use parklands pursuant to Division 20 ( commencing with §71000) of the Water Code. 80061.
(a) The sum of two hundred million dollars ($200,000,000) shall be available to the department, upon appropriation by the Legislature, for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients shall be encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors.
(b) The sum of fifteen million dollars ($15,000,000) shall be available to the department, upon appropriation by the Legislature, for grants to cities and districts in urbanized_ counties providing park and recreation services within jurisdictions of 200,000 or less in population.

For purposes of this subdivision, "urbanized county" means a county with a population of 500,000 or more. An entity eligible to receive funds under this subdivision shall also be eligible to receive funds available under subdivision (a).
( c) Unless the project has been identified as serving a severely disadvantaged community, an entity that receives an award pursuant to this section shall be required to provide a match of 20 percent as a local share.
80062.
(a)(l) The department shall allocate 60 percent of the funds available pursuant to subdivision (a) of Section 80061 to cities and districts, other than a regional park district, regional park and open-space district, open-space authority, or regional open-space district. Each city's and district's allocation shall be in the same ratio as the city's or district's population is to the 51 combined total of the state's population that is included in incorporated and unincorporated areas within the county, except that each city or district shall be entitled to a minimum allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps the boundary of a district, the population in the overlapping area shall be attributed to each jurisdiction in proportion to the extent to which each operates and manages parks and recreational areas and facilities for that population. If the boundary of a city overlaps the boundary of a district, and in the area of overlap the city does not operate and manage parks and recreational areas and facilities, all grant funds for that area shall be allocated to the district. (2) On or before April 1, 2020, a city and a district that are subject to paragraph (1), and whose boundaries overlap, shall collaboratively develop and submit to the department a specific plan for allocating the grant funds in accordance with the formula specified in paragraph (1).

If, by that date, the plan has not been developed and submitted to the department, the director shall determine the allocation of the grant funds between the affected jurisdictions. (b )(1) The department shall allocate 40 percent of the funds available pursuant to subdivision ( a) of §80061 to counties and regional park districts, regional park and open-space districts, open-space authorities formed pursuant to Division 26 ( commencing with §35100), and regional open-space districts formed pursuant to Article 3 (commencing with §5500) of Chapter 3 of Division 5.
(2) Each county's allocation under paragraph (1) shall be in the same ratio that the county's population is to the total state population, except that each county shall be entitled to a minimum allocation of four hundred thousand dollars ($400,000). (3) In any county that embraces all or part of the territory of a regional park district, regional park and open-space district, open-space authority, or regional open-space district, and whose board of directors is not the county board of supervisors, the amount allocated to the county shall be apportioned between that district and the county in prop01tion to the population of the county that is included within the territory of the district and the population of the county that is outside the territory of the district. ( c) For the purpose of making the calculations required by this section, population shall be determined by the depaitment, in cooperation with the Depaitment of Finance, on the basis of the most recent verifiable census data and other verifiable population data that the depaitment may require to be furnished by the applicant city, county, or district. (d) The Legislature intends all recipients of funds pursuant to subdivision (a) of §80061 to use those funds to supplement local revenues in existence on the effective date of the act adding this division. To receive an allocation pursuant to subdivision (a) of §80061, the recipient shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when calculating a recipient's annual expenditures. For purposes of this subdivision, the Controller may request fiscal data from recipients for the preceding three fiscal years. Each recipient shall furnish the data to the Controller no later than 120 days after receiving the request from the Controller.
80063.
(a) The director of the department shall prepare and adopt criteria and procedures for evaluating applications for grants allocated pursuant to subdivision (a) of §80061. The application shall be accompanied by ce1tification that the project is consistent with the park and recreation element of the applicable city or county general plan or the district park recreation plan, as the case may be.
52 (b) To utilize available grant funds as effectively as possible, overlapping and adjoining jurisdictions and applicants with similar objectives are encouraged to combine projects and submit a joint application. A recipient may allocate all or a portion of its per capita share for a regional or state project.

Allocation Tables
Following are the allocations for Per Capita GRANTEES.

Allocation Transfer6 - Entities that receive an allocation under the Per Capita program may transfer all or part of that allocation to another eligible entity, provided that the following requirements are met:

1. All required documentation must be submitted no later than six months from the end of the encumbrance period.

2. The transferring agency must submit a resolution authorizing the transfer of the allocation. The resolution must name the recipient entity and the transferred amount.

3. The recipient must be eligible to receive Per Capita funds.

4. The recipient must have submitted the authorizing resolution shown on page 6.

5. The recipient must submit a resolution authorizing the receipt of funds; the resolution must state the donor and the transferred amount.

Definitions
Capitalized words and terms used in this guide are defined below.

ADVANCE - payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.

APPLICATION PACKET - the Application form and its required attachments described in the Application Checklist and Directions beginning on page 9.

AUTHORIZED REPRESENTATIVE - the GRANTEE'S designated position authorized in the Resolution to sign all required GRANT documents.

CEQA - the California Environmental Quality Act established policies and procedures requiring GRANTEES to identify, disclose to decision makers and the public, and attempt to lessen, significant impacts to environmental and historical resources that may occur as a result of the GRANTEE'S proposed PROJECT. (Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq.) COMMUNITY ACCESS PROJECT- a) transportation, b) physical activity programming, c) resource interpretation, d) multilingual translation, e) natural science, f) workforce development and career pathways, g) education, h) communication related to water, parks, climate, coastal protection, and other outdoor pursuits pursuant to Public Resources Code §80008(c)(1)
6 Please contact OGALS for sample transfer and recipient resolutions. 53 CONSTRUCTION COSTS - costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.

CONTRACT PERFORMANCE PERIOD - the amount of time stated on the contract agreement, specifying the performance of the contractual grant obligations between the GRANTEE and DPR.

DEVELOPMENT - construction, expansion , or renovation .

DPR - the California Department of Parks and Recreation .

GRANT - funds made available to a GRANTEE for completion of the PROJECT SCOPE(s) during the GRANT PERFORMANCE PERIOD.

GRANTEE - an entity having a fully executed contract with DPR.

GRANT PERFORMANCE PERIOD - period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed contract.

IN-HOUSE EMPLOYEE SERVICES - use of the GRANTEE'S employees working on the PROJECT SCOPE.

OGALS- DPR's Office of Grants and Local Services.

PRE-CONSTRUCTION COSTS - costs incurred within the GRANT PERFORMANCE PERIOD for the planning, design, and permit phase of the PROJECT before construction can begin.

PROJECT - the SCOPE as described in the APPLICATION PACKET to be completed with GRANT funds.

PROJECT COMPLETION - when the PROJECT is complete and the facilities are open and useable by the public.

PROJECT COMPLETION PACKET - The documents listed on page 36 that are required in order to request final payment following PROJECT COMPLETION.

PROJECT OFFICER - an OGALS employee, who acts as a liaison with GRANTEES and administers GRANT funds, facilitates compliance with the Procedural Guide, and the GRANT contract.

SCOPE - the acquisition, recreation features and major support amenities, or COMMUNITY ACCESS PROJECT described in the APPLICATION PACKET that must be completed prior to final GRANT payment.

TOTAL PROJECT cosT- the combined dollar amount of all funding sources used to complete the acquisition, or recreation features and major support amenities described in the APPLICATION PACKET.
54 DocuSign Envelope ID: 87F334FA-A39C-482D-AE96-682B2DE1CB43 5/4/2021
State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Santa Clara
THE PROJECT PERFORMANCE PERIOD is from July 01 , 2018 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

The General and Special Provisions attached are made a part of and incorporated into the Contract.

City of Santa Clara
STATE OF CALIFORNIA By
~ Title
Date

DEPARTMENT OF PARKS AND RECREATION
( 1 natus~t~~~~presentative) ~ DocuSigned by:

L:=,:~: City Manager

CONTRACT NO AMENDMENT NO
C9801 654

AMOUNT ENCUMBERED BY THIS DOCUMENT
$177,952.00
By
Date

CERTIFICATION OF FUNDING
FISCAL SUPPLIER 1.D.
0000011 902
FUND.

Drought, W ater, Cln Air, Cstl Prate, Outdoor Fund
I PROJECT NO.
18-43-006

PRIOR AMOUNT ENCUMBERED FOR THIS ITEM I CHAPTER I STATUTE I FISCAL YEAR CONTRACT 3790-101 -6088 29 18 2020/21
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured. ! Account/Alt Account. I ACTIVITY CODE
I

PROJECT /WORK PHASE
$ $177,952.00 37900091 5432000-5432000000 69801
T.B.A. NO. I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

B.R .. NO. ACCOUNTING OFFICER'S SIGNATURE IDATE.

APPROVED AS TO FORM:

SANTA C~ ITY ATTORNEY'S OFFICE
DocuSign Envelope ID: 87F334FA-A39C-482D-AE96-682B2DE1CB43 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Santa Clara (hereinafter referred to as "GRANTEE").

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $177,952 , subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number - 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 01, 2018 to June 30, 2024

11. GENERAL PROVISIONS
A Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.

4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1 DocuSign Envelope ID: 87F334FA-A39C-482D-AE96-682B2DE1CB43 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

8. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the ST ATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2 DocuSign Envelope ID: 87F334FA-A39C-482D-AE96-682B2DE1CB43 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

F. Budget Contingency Clause
3 DocuSign Envelope ID: 87F334FA-A39C-482D-AE96-682B2DE1CB43 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

4. The GRANTEE and the ST ATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4 DocuSign Envelope ID: 87F334FA-A39C-482D-AE96-682B2DE1CB43 termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

M. Assignability
6 DocuSign Envelope ID: 87F334FA-A39C-482D-AE96-682B2DE1CB43 5/4/2021
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction , without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
0 . Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.

City of Santa Clara

GRANTEE

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By:
~ DocuSigned by:
ll=1:~:

Date: ---------------
7 APPROVED AS TO FORM:

SANTA ~ CITY ATTORNEY'S OFFICE
DocuSign Envelope ID: DAF3AA68-ACC9-46CA-8A70-EFE3FCA59C9D 5/4/2021
DocuSign Envelope ID: 993CFCBE-FAB0-4CF4-A095-80913C4E4C7D State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program
GRANTEE City of Santa Clara
THE PROJECT PERFORMANCE PERIOD is from July 01 , 2018 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2038 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

The General and Special Provisions attached are made a part of and incorporated into the Contract.

City of Santa Clara
STATE OF CALIFORNIA By DEPARTMENT OF PARKS AND RECREATION ~ itle City Manager
Date
t~~~~(epresentative) ~ DocuSigned by:

L!=1:~:

CONTRACT NO AMENDMENT NO
C9802332

AMOUNT ENCUMBERED BY THIS DOCUMENT
$78,670.00
By
Date

CERTIFICATION OF FUNDING
FISCAL SUPPLIER I.D.
0000011 902
FU ND.

Drought, W ater, Cln Air, Cstl Prate, Outdoor Fund
I PROJECT NO.
18-43-007

PRIOR AMOUNT ENCUMBERED FOR THIS ITEM
[

CHAPTER
[
STATUTE I FISCAL YEAR CONTRACT 3790-101-6088 23 19 2020/21 TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured. I AccounVAlt Account. I ACTIVITY CODE
I

PROJECT / WORK PHASE
$ $78,670.00 37900091 5432000-5432000000 69803
T.B.A. NO. I hereby certify upon my personal knowledge that budgeted fu nds are available for this encumbrance.

B.R .. NO. ACCOUNTING OFFICER'S SIGNATURE IDATE.

APPROVED AS TO FORM:

SANTA r !TY ATTORNEY'S OFFICE
DocuSign Envelope ID: DAF3AA68-ACC9-46CA-8A70-EFE3FCA59C9D DocuSign Envelope ID: 993CFCBE-FAB0-4CF4-A095-80913C4E4C7D I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Santa Clara (hereinafter referred to as "GRANTEE").

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $78,670 , subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number - 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT'). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 01, 2018 to June 30, 2024

11. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term "ACT' means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.

4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1 DocuSign Envelope ID: DAF3AA68-ACC9-46CA-8A70-EFE3FCA59C9D DocuSign Envelope ID: 993CFCBE-FAB0-4CF4-A095-80913C4E4C7D PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

8. Project Execution

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2 DocuSign Envelope ID: DAF3AA68-ACC9-46CA-8A70-EFE3FCA59C9D DocuSign Envelope ID: 993CFCBE-FAB0-4CF4-A095-80913C4E4C7D grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is high~r; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

F. Budget Contingency Clause
3 DocuSign Envelope ID: DAF3AA68-ACC9-46CA-8A70-EFE3FCA59C9D DocuSign Envelope ID: 993CFCBE-FAB0-4CF4-A095-80913C4E4C7D If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4 DocuSign Envelope ID: DAF3AA68-ACC9-46CA-8A70-EFE3FCA59C9D DocuSign Envelope ID: 993CFCBE-FAB0-4CF4-A095-80913C4E4C7D termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

M. Assignability
6 DocuSign Envelope ID: DAF3AA68-ACC9-46CA-8A70-EFE3FCA59C9D DocuSign Envelope ID: 993CFCBE-FAB0-4CF4-A095-80913C4E4C7D 5/4/2021
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

0. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

City of Santa Clara
APPROVED AS TO FORM:

SANTA C~ IT Y ATTORNEY'S OFFICE

STATE OF CALIFORNIA
DEPA M~JdQF PARKS AND RECREATION
By: 9--t~,:,
Date: ---------------
7 •• <!l
State of California - The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Development Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
City of Santa Clara Maywood Park Playground Rehabilitation 1 Development project scope (Describe the project in 30 words or less):

I
i
Installation of new playground and amenities will meet the needs of increased population/new development, a diversity of demand and will be accessible and serve the needs of the community. ; Project Scope Items - □ all that apply:

Install Renovate :
new existing
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
□ □
Replace
existing
□
[Z]
[X]
[Zl
Ix]
□
IX]
[Z]
□
□
Ix]
Recreation Element
Pool, aquatic center, splash pad
Trails or walking paths
· Landscaping or irrigation
I Group picnic, outdoor classrooms, other gathering spaces I
· Play equipment, outdoor fitness equipment
Sports fields, sports courts, court lighting
1 Community center, gym, other indoor facilities
Restroom, concession stand
1 Other:

Other:

Minor elements which support one or more of the recreation , elements checked above: benches, lighting, parking, signage, etc.

PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design, $ 538,400 permits, bid packages, CEQA); up to 25% of total PROJECT cost.

Construction $ 1,718,222 Total
PROJECT cost i $ 2,256,662
Subtract GRANTEE match if not in severely disadvantaged community Less match (20% of total PROJECT cost, see page 13) -$ 64,156*
Total GRANT amount requested $ 256 622
'
The GRANTEE understands that all elements listed on this form must be complete and O,A n to the public before the final grant payment will be made. · �(\ �� li/n(icnv
AUTHORIZ. REPRESENTATIVE Signature Date
� Deanna J. Santana, City Manager
Print Name and Title
State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

AMENDMENT TO CONTRACT
Contract No. C9801654 Amendment No. 1
THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of Santa Clara
The State and, City of Santa Clara in mutual consideration of the promises made herein and in the contract in which this is an amendment, do promise as follows:

1. To extend the grant performance period from June 30, 2024, to June 30, 2028

2. To add Ill. Special Provision, A. Economic Sanctions In all other respects, the contract of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this.amendment as of the date entered below.

STATE DEPARTMENT OF PARKS AND RECREATION
By _____________ _
Date _____________ _
resentative as shown in Resolution.

Date __ 7��{1?>-+f-1-�'-------

CERTIFICATION OF FUNDING
(FOR STATE USE ONLY)
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D.

C9801654 1 0000011902

AMOUNT ENCUMBERED BY THIS FUND

PROJECT NO
18-43-006
DOCUMENT Drought, Water, Cln Air, Cstl Prate, Outdoor Fund $0.00

PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE
CONTRACT 3790-101-6088 29 18 $177,952

FISCAL YEAR
2022/23
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured Account/Alt Account ACTIVITY CODE PROJECT/WORK $177,952 37900091 5432000- 69801 PHASE
5432000000
DocuSign Envelope ID: 9D92082D-5D4B-4BC1-A086-FFB2D9A311A8 2/22/2024
DocuSign Envelope ID: 9D92082D-5D4B-4BC1-A086-FFB2D9A311A8 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Santa Clara (hereinafter referred to as "GRANTEE").

The Grant Performance Period is from July 01, 2018 to June 30, 2028 II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.

4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The 1 DocuSign Envelope ID: 9D92082D-5D4B-4BC1-A086-FFB2D9A311A8 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after the STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds may be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and 2 DocuSign Envelope ID: 9D92082D-5D4B-4BC1-A086-FFB2D9A311A8 any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE with a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such a case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

F. Budget Contingency Clause
3 DocuSign Envelope ID: 9D92082D-5D4B-4BC1-A086-FFB2D9A311A8 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2 of this CONTRACT.

G. Hold Harmless

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the ST ATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4 DocuSign Envelope ID: 9D92082D-5D4B-4BC1-A086-FFB2D9A311A8 termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of the STATE.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

M. Assignability
6 DocuSign Envelope ID: 9D92082D-5D4B-4BC1-A086-FFB2D9A311A8 Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

0. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserteq only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

Ill. Special Provisions
A. Economic Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive Order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee with advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any 7 DocuSign Envelope ID: 9D92082D-5D4B-4BC1-A086-FFB2D9A311A8 2/22/2024
contract found to be in violation of the Executive Order shall be at the sole discretion of the State.

City of Santa Clara

GRANTEE
Title: c,; ~"I ft_.,," ..

Date: 7 /,~ /--z:!>

STATE OF CALIFORNIA
DEPr;~NeTbOF PARKS AND RECREATION
~~~()$
BY: A95AF9980D1941 C
Date:
--------------
8 State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

AMENDMENT TO CONTRACT
Contract No. C9802332 Amendment No. 1
THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of Santa Clara
The State and, City of Santa Clara in mutual consideration of the promises made herein and in the contract in which this is an amendment, do promise as follows:

1. To extend the grant performance period from June 30, 2024, to June 30, 2028.

2. To add Ill. Special Provision, A Economic Sanctions
In all other respects, the contract of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below.

STATE DEPARTMENT OF PARKS AND RECREATION
Applicant: City of Santa Clara
By _______________
Date _____________ _
· y Manager
plicant's Authorized Representative as shown in Resolution.

Date 7 J 1"5 /-z J

CERTIFICATION OF FUNDING
(FOR STATE USE ONLY)
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PROJECT NO C9802332 1 0000011902 18-43-007

AMOUNT ENCUMBERED BY THIS FUND
DOCUMENT Drought, Water, Cln Air, Cstl Protc, Outdoor Fund $0.00

PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6088 23 19 2022/23 $78,670
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured AccounUAlt Account ACTIVITY CODE PROJECT/WORK $78,670 37900091 5432000- 69803 PHASE
5432000000
DocuSign Envelope ID: 4F0D324E-C44B-4700-BAC9-124792213C66 2/22/2024

CITY CLERK FILE COPV
DocuSign Envelope ID: 4F0D324E-C44B-4700-BAC9-124792213C66 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Santa Clara (hereinafter referred to as "GRANTEE").

The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $78,670 , subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number - 3790-1011-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT'). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from July 01, 2018 to June 30, 2028 II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.

3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation.

4. The term "DEVELOPMENT' means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT.

6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 Per Capita Program." The 1 DocuSign Envelope ID: 4F0D324E-C44B-4700-BAC9-124792213C66 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after the STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds may be placed in an interest-bearing account until expended. Interest earned in the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and 2 DocuSign Envelope ID: 4F0D324E-C44B-4700-BAC9-124792213C66 any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such a case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

F. Budget Contingency Clause
3 DocuSign Envelope ID: 4F0D324E-C44B-4700-BAC9-124792213C66 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2 of this CONTRACT.

G. Hold Harmless

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4 DocuSign Envelope ID: 4F0D324E-C44B-4700-BAC9-124792213C66 termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of the STATE.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.

M. Assignability
6 DocuSign Envelope ID: 4F0D324E-C44B-4700-BAC9-124792213C66 Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

Ill. Special Provisions
A. Economic Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state laws. The EO directs state agencies to terminate contracts with, and to refrain from entering into any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive Order extends to recipients of any State Grant (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract 7 DocuSign Envelope ID: 4F0D324E-C44B-4700-BAC9-124792213C66 2/22/2024
found to be in violation of the Executive Order shall be at the sole discretion of the State.

City of Santa Clara

GRANTEE
Date: 7 / r ~/-i.-3-

STATE OF CALIFORNIA
DEP ~til,,TbPF PARKS AND RECREATION
By: "1to.ric1v {9{w.{) s
Date:
--------------
8 State of California – The Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION
Per Capita Project Application Form

PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS
where PROJECT is located including zip code
(substitute latitude and longitude where no street
address is available)
MATCH AMOUNT (if project is not serving
a severely disadvantaged community)
$
LAND TENURE ( all that apply)
Owned in fee simple by GRANTEE
Available (or will be available) under
a ( ) year lease or easement

NEAREST CROSS STREET
Project Type (Check one) Acquisition Development

COUNTY OF PROJECT LOCATION

GRANTEE NAME AND MAILING ADDRESS

AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
Name (typed or printed) and Title Email address Phone
GRANT CONTACT-For administration of grant (if different from AUTHORIZED REPRESENTATIVE) Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Development PROJECT Scope/Cost Estimate Form or acquisition documentation. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate.

Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name:

Title:
@
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-942 Agenda Date: 9/15/2026

REPORT TO COUNCIL

SUBJECT
Action to Waive Second Reading and Adopt Ordinance No. 2088 adopting the Zoning Code clean-up ordinance in the form presented

BACKGROUND
At the August 18, 2026 Council meeting, proposed Ordinance No. 2088 was passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, a summary of proposed Ordinance No. 2088 was published to the Santa Clara Weekly on September 9, 2026, and copies were posted in three public places.

DISCUSSION
The proposed ordinance would make “cleanup” amendments to the Zoning Code, including incorporating the provisions of the legacy HT Historic Combining district into the updated Zoning Code; refining the definition of Smoke Shops; making the Zoning Code definition of Floor Area Ratio (FAR) consistent with the General Plan definition; allowing for fully unbundled parking for apartments greater than 15 units, per state law; revising minimum lot sizes in the R2 two-family zone; allowing the re-installation of wireless facilities following the redevelopment of a site; deleting the requirement for web posting of certain redundant public hearing notices; removing the public hearing requirement for architectural review of multi-family development projects; allowing additional height for institutional uses in the PQP public/quasi-public zone; adding definitions to clarify fence height requirements; modifying use tables to reflect the range of uses existing in commercial and industrial districts; updating figures and making terms more clear and internally consistent in Title 18 (“Zoning”); and updating the zoning map to reflect the applicable changes.

At the Council meeting on August 18, 2026, a Council Member asked questions regarding a section of the Code requiring that vehicles be parked perpendicular to the street. Currently, the Code provides the following restrictions on vehicles parked in required front yard areas of single- and twofamily dwellings:
“All vehicles, boats, and trailers, in the required front yard shall be parked perpendicular to the street, unless the legal driveway configuration dictates otherwise.” Because boats and trailers are a type of vehicle, Section 30 of the proposed ordinance included a clerical change to remove the comma after “boats” and insert the word “including” after “vehicles”:
“All vehicles, including boats, and trailers, in the required front yard shall be parked perpendicular to the street, unless the legal driveway configuration dictates otherwise.” Upon reviewing this change to Section 30, several Councilmembers expressed concern that the City of Santa Clara Page 1 of 3 Printed on 9/10/2026
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26-942 Agenda Date: 9/15/2026
perpendicular mandate was too restrictive, and thought that the Code should allow for angled parking as well. As a result, the motion included an amendment to Section 30 to prohibit parking that is parallel to the street, but to allow for other kinds of angled parking:
“All vehicles, including boats, and trailers, in the required front yard shall not be be parked perpendicular parallel to the street, unless the legal driveway configuration dictates otherwise.”
The ordinance proposed for adoption includes that change.

ENVIRONMENTAL REVIEW
Given that the Zoning Code Update is an implementation action for the 2010 General Plan Update, the City prepared an Addendum to the 2010-2035 General Plan Environmental Impact Report (EIR) to cover adoption of the Zoning Code, Zoning Map, and related General Plan Amendments. The Addendum indicated that the adoption of the Zoning Code Update would not result in environmental impacts beyond those described in the General Plan Update EIR. At the conclusion of the public hearing on November 15, 2023, the Planning Commission voted to recommend that the City Council approve the Addendum, and on December 19, 2023, the City Council adopted the Addendum. The recommended actions all fall within the scope of the adopted Addendum.

FISCAL IMPACT
Adoption of the Third Zoning Code Cleanup Ordinance and associated Zoning Map Amendments for the R6 District would fully implement the City’s General Plan land use diagram. These actions would involve no additional resources beyond those indicated at the time of Zoning Code adoption.

COORDINATION
This item was coordinated with the Community Development Department.

PUBLIC CONTACT
A summary of proposed Ordinance No. 2088 was published to the Santa Clara Weekly on September 9, 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. 2088 adopting the Zoning Code clean-up ordinance in the form presented.

Reviewed by: Glen Googins, City Attorney
Approved by: Jovan Grogan, City Manager

ATTACHMENTS
City of Santa Clara Page 2 of 3 Printed on 9/10/2026
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26-942 Agenda Date: 9/15/2026

1. Ordinance No. 2088 (Intro)
City of Santa Clara Page 3 of 3 Printed on 9/10/2026
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Ordinance/Zoning Code Cleanup #3 Page 1 of 33
Rev: 09/2019
ORDINANCE NO. 2088
AN ORDINANCE OF “THE CODE OF THE CITY OF SANTA
CLARA, CALIFORNIA” ADOPTING “CLEANUP”
AMENDMENTS TO TITLE 18 (“ZONING”) OF THE SANTA

CLARA CITY CODE, INCLUDING INCORPORATING THE

PROVISIONS OF THE HT HISTORIC COMBINING
DISTRICTS INTO THE UPDATED ZONING CODE;
REFINING THE DEFINITION OF SMOKE SHOPS; MAKING

THE GENERAL PLAN AND ZONING CODE DEFINITIONS
OF FLOOR AREA RATIO CONSISTENT; ALLOWING FOR

FULLY UNBUNDLED PARKING FOR APARTMENTS
GREATER THAN 15 UNITS PER STATE LAW; REVISING
MINIMUM LOT SIZES IN THE R2 TWO-FAMILY ZONE;

DELETING THE REQUIREMENT FOR WEB POSTING OF
PUBLIC NOTICES; REMOVING THE PUBLIC HEARING

REQUIREMENT FOR ARCHITECTURAL REVIEW OF
MULTI-FAMILY DEVELOPMENT PROJECTS; ALLOWING

ADDITIONAL HEIGHT FOR INSTITUTIONAL USES IN THE
PQP PUBLIC/QUASI-PUBLIC DISTRICT; ADDING

DEFINITIONS TO CLARIFY FENCE HEIGHT
REQUIREMENTS; MODIFYING USE TABLES TO REFLECT

THE RANGE OF USES EXISTING IN COMMERCIAL AND
INDUSTRIAL DISTRICTS; UPDATING FIGURES AND
MAKING TERMS INTERNALLY CONSISTENT; UPDATING

THE ZONING MAP TO REFLECT THE APPLICABLE
CHANGES; AND UPDATING CROSS REFERENCES;
REVISING CHAPTER 9.10 (“REGULATION OF NOISE AND
VIBRATION”) OF TITLE 9 (“PUBLIC PEACE, MORALS AND
WELFARE”) TO UPDATE REFERENCES TO ZONING
DISTRICTS; REVISING CHAPTER 17.05 (“SUBDIVISIONS”)
OF TITLE 17 (“DEVELOPMENT”) TO RESTORE

PROVISIONS REGULATING ORGANIZATIONAL

DOCUMENTS FOR CONDOMINIUMS AND UPDATING
CROSS REFERENCES; AND REVISING CHAPTER 1.10
(“ADMINISTRATIVE PENALTIES – CITATIONS”) OF TITLE
1 (“GENERAL PROVISIONS”) TO AMEND THE NOTICING

REQUIREMENTS FOR CODE VIOLATIONS
WHEREAS, on January 9, 2024 the City of Santa Clara (the “City”) adopted the first comprehensive update of the City’s Zoning Code in over 50 years; WHEREAS, the 2010-2035 General Plan is the City’s vision for future development; //
Ordinance/Zoning Code Cleanup #3 Page 2 of 33
Rev: 09/2019
WHEREAS, the City’s Zoning Code is the primary regulatory tool that implements the General Plan;
WHEREAS, the City wishes to adopt minor revisions to the updated Zoning Code to address clerical errors, respond to changes in state law, and ensure internal consistency within the Zoning Code and with the General Plan;
WHEREAS, the Planning Commission has reviewed the proposed Zoning Code cleanup ordinance;
WHEREAS, before acting on the Zoning Code Update, the City Council reviewed and considered the potential environmental impacts of the Zoning Code Update and determined that as the primary implementation tool of the General Plan, the environmental effects of the proposed Zoning Code Update were consistent with 2010-2035 General Plan EIR, as addended, and that the proposed Zoning Code Update did not alter the conclusions of the adopted General Plan EIR, as addended create new environmental impacts; WHEREAS, on April 8, 2026, the Planning Commission conducted a duly noticed public hearing to consider the Zoning Code Update and associated text amendments, which was subsequently continued to May 20, 2026 and continued again to June 10, 2026. At the conclusion of the June 10 hearing, the Planning Commission voted to recommend that the City adopt the proposed Zoning Code Cleanup, with the recommendation for modified wording of the definition of the phrase “primarily engaged in”, in relation to the regulation of Smoke Shops. The recommended language is reflected in this ordinance; and //
//
//
Ordinance/Zoning Code Cleanup #3 Page 3 of 33
Rev: 09/2019
WHEREAS, on August 18, 2026, the City Council conducted a duly noticed public hearing to consider the proposed Zoning Code Update, at which time all interested persons were given an opportunity to give testimony and provide evidence in support of and in opposition to the proposed amendments.

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

SECTION 1: That Section 9.10.040, “Noise or Sound Regulation”, of Chapter 9.10, “Regulation of Noise and Vibration”, of Title 9, “Public Peace, Morals and Welfare”, of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby amended to read as follows:
“§ 9.10.040 Noise or sound regulation.

It shall be unlawful for any person to operate or cause to allow to be operated, any fixed source of disturbing, excessive or offensive sound or noise on property owned, leased, occupied or otherwise controlled by such person, such that the sound or noise originating from that source causes the sound or noise level on any other property to exceed the maximum noise or sound levels which are set forth in Schedule A, as follows:
[See Attachment A for all amended zoning code tables]
Except as otherwise provided in this chapter, the noise or sound standards for the various zone districts as presented in this Schedule A shall apply to all such properties within a specified zone, as designated on the most recent update of the official zoning map of the City. For planned development, agricultural or mixed zoning sites, the most restrictive noise standard for the comparable zone district, as determined by the Director of Community Development, shall apply.”
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SECTION 2: That a new Subsection (j) is hereby added to Section 17.05.310, “Final Maps”, of Chapter 17.05, “Subdivisions”, of Title 17, “Development”, of “The Code of the City of Santa Clara, California” (“SCCC”) to read as follows:
“(j) Organizational Documents for Community Ownership Projects. (1) Prior to the approval of the final map, the organizational documents shall be reviewed and approved by the City Attorney. Absent exigent circumstances and if no action is taken by the City Attorney within ninety (90) days after a complete set of documents has been duly filed with him, the organizational documents shall be deemed approved. For purposes of this section, the phrase “action by the City Attorney” may include any of the following: providing preliminary comments and review, requiring modifications to the organizational documents or meeting with the drafter of the organizational documents.
(2) The organizational documents shall provide that the City, at its option, has the right and authority to veto any amendment to the organizational documents that would adversely affect the long-term maintenance of the project structure or its common areas. To enable the City to exercise said optional veto, the organizational documents shall provide that any amendment shall not become effective until notice of such proposed action is filed with the Director of Community Development, at least sixty (60) days have elapsed since the amendment was filed with the Director, and the Director has not vetoed the amendment.”
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SECTION 3: That Section 17.05.430, “Parcel map for lot splits pursuant to SCCC §

18.13.050”, of Chapter 17.05, “Subdivisions”, of Title 17, “Development”, of “The Code of the City of Santa Clara, California” (“SCCC”) is hereby retitled, “Parcel map for lot splits pursuant to SCCC § 18.24.070” and is amended to read as follows:
“§ 17.05.430. Parcel map for lot splits pursuant to SCCC § 18.13.050 18.24.070. (a) Parcel maps for lot splits pursuant to SCCC § 18.13.050 18.24.070 shall comply with all requirements of SCCC § 17.05.400, Tentative parcel map, except for subsections (d), (e)(1), and (f).
(b) Parcel maps for lot splits pursuant to SCCC § 18.13.050 18.24.070 shall also comply with all requirements of SCCC § 17.05.410, Parcel maps. (c) The City Engineer shall approve the parcel map for a lot split pursuant to SCCC §

18.13.050 18.24.070 unless the City Engineer determines that the proposed map is not consistent with specific objective standards of the General Plan, applicable specific plans, or any applicable provision of this Code.”
SECTION 4: That Paragraph B.3, “Low-Density Residential Zone (R2)”, of Section

18.10.010, “Purposes of Residential Zones”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as follows:
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“Low-Density Residential Zone (R2). The purpose of the R2 Low Density Zone is to provide land areas for the construction, use, and occupancy of single-family detached dwelling units, , secondary dwellings authorized by Government Code Section 65852.21, accessory dwelling units, and two-family dwellings. It is the intent of this zone to maintain a residential character similar to that found in single-family neighborhoods. The residential density range for this zone is 8-19 dwelling units per acre. This zone implements the LowDensity land use designation in the General Plan.” SECTION 5: That Paragraph B.6, “Very-High-Density Residential Zone (R5) and Patrick Henry Very-High-Density Residential Zone (PH-R5)”, of Section 18.10.010, “Purposes of Residential Zones”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as follows:
“Very-High-Density Residential Zone (R5) and Patrick Henry Very-High-Density Residential Zone (PH-R5). The purpose of the R5 High- Density Zone and PH-R5 Patrick Henry Very-High-Density Residential Zone is to provide land areas for the construction, use, and occupancy of high density and intensity multi-family developments (i.e., low-rise, mid-rise, and high-rise apartments and condominiums). It is the intent of this zone to encourage development to use innovative site planning, provide on-site recreational amenities and be located near major community facilities, business centers, transportation corridors, and/or major thoroughfares. The residential density range for this zone is 51-100 99 dwelling units per acre. This zone implements the High-Density land use designation in the General Plan.”
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SECTION 6: That Paragraph B.7, “Transit Neighborhood Residential Zone (R6)” of Section

18.10.010, “Purposes of Residential Zones”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as follows:
“Transit Neighborhood Residential Zone (R6). The purpose of the R6 Transit Neighborhood Residential Zone is to provide land areas for the construction, use, and occupancy of high density and intensity multi-family developments (i.e., mid-rise and highrise apartments and condominiums). It is the intent of this zone to encourage transitoriented development that uses innovative site planning to connect to existing and/or future transportation stations and transfer points. Parcels designated R6 are meant to be located along major transit corridors or adjacent to local and regional transit stops and stations.

Projects in this zone should include on-site amenities, recreational options, and access to employment centers. The residential density range for this zone is 60-350 dwelling units per acre for sites that are less than one acre, and 10060-350 dwelling units per acre for sites that are one acre or larger. This zone implements the High-Density land use designation in the General Plan.”
SECTION 7: That Table 2-1, “Residential Zones Allowed Uses and Permit Requirements” of Section 18.10.020, “Land Uses and Permit Requirements”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 8: That Table 2-2, “Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements” of Section 18.10.020, “Land Uses and Permit Requirements”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

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SECTION 9: That Table 2-3, “Residential Development Standards” of Section 18.10.030 “Residential Development Standards”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 10: That Table 2-4, “Patrick Henry Residential Zone Development Standards”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 11: That Subsections D, “Existing Buildings and Uses” and E, “Transition Standards”, of Section 18.10.040, “Other Applicable Regulations”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC are redesignated as Subsections E and F, respectively.

SECTION 12: That a new Subsection D, “R6 Additional Development Standards”, is added to Section 18.10.040, “Other Applicable Regulations”, of Chapter 18.10, “Residential Zones”, of Title 18, “Zoning”, of the SCCC to read as follows:
“D. R6 Additional Development Standards

1. Density Calculation. For the R6 Transit Neighborhood Zoning District, density is calculated based on net acreage, and does not include areas associated with parks, streets, and greenways.

2. Minimum Density, Parcels Less Than One Acre in Size. For parcels less than one acre in size, the minimum required net density for development proposals is 60 dwelling units per acre (DU/AC).”
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SECTION 13: That Table 2-8, “Commercial Zones Allowed Uses and Permit Requirements”, of Chapter 18.12, “Commercial Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 14: That sub-paragraph b, “Assembly Bill 2011 (2022) (AB 2011)” of paragraph 7, “Multi-Family Residential Development in Commercial Zones” of Subsection A, “General Commercial Regulations” of Section 18.12.040, “Other Applicable Regulations” of Chapter

18.12, “Commercial Zones”, of Title 18, “Zoning”, of the SCCC is retitled, “Assembly Bill 2243 (2024)” and amended as follows:
“b. Assembly Bill 2011 2243 (20242) (AB 2011): : Multifamily developments meeting the requirements of Government Code Section 65912.100 et seq., as may be amended, are permitted in the commercial zones, subject to the following. (1) Proposed projects shall comprise five or more units for sale and/or rent. (2) At least 75 percent of the project site shall adjoin parcels developed with urban uses as defined in AB 2243 2011.
(3) The project site shall not be located on or adjacent to a site where more than 1/3 of the square footage on the site is dedicated to a classified industrial use per the City Code. (4) Applicable vacant sites shall not contain tribal cultural resources and shall not be located within a designated very-high fire hazard severity zone. (5) Development per AB 2011 2243 is prohibited on sites governed by mobile home/recreational vehicle laws or by the Special Occupancy Parks Act. (6) For project sites located within a neighborhood plan, specific plan, area plan, urban village, precise plan, or master plan adopted by January 1, 2024, the designated plan shall allow multi-family residential development.

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(7) Projects shall not be located within 500 feet of a designated freeway or highway. (8) Projects shall not be located within 3,200 feet of an active oil or gas refinery. (9) All other site/development requirements as prescribed by AB 2243 2011 are required prior to project approval.
(10) The density of the multi-family residential project shall be at least 30 dwelling units per acre.
(11) The Project shall meet all development standards of the residential zone corresponding to the residential density of the Project. If more than one residential zoning designation allows for housing with the Project density, the applicable development standards shall be the standards that apply to the closest parcel that allows residential use at the Project density.”
SECTION 15: That Table 2-11, “Mixed Use Zones Allowed Uses and Permit Requirements” of Chapter 18.14, “Mixed Use Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 16: That Subsection A, “Table 2-13 Office and Industrial Zone Allowed Uses and Permit Requirements” of Section 18.16.020, “Office and Industrial Land Uses and Permit Requirements”, of Chapter 18.16, “Office and Industrial Zones”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“A. Table 2-13 2-14 Office and Industrial Zone Allowed Uses and Permit Requirements. Table 2-13 2-14 indicates the Principal Uses allowed within each office and industrial zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Ordinance Administration).” //
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SECTION 17: That Table 2-14, “Office and Industrial Zones Allowed Uses and Permit Requirements”, of Chapter 18.16, “Office and Industrial Zones” of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 18: That Table 2-17, “Special Purpose Zones Allowed Uses and Permit Requirements”, of Chapter 18.18, “Special Purpose Zones” of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 19: That Table 2-18, “Special Purpose Zone Development Standards”, of Chapter 18.18, “Special Purpose Zones” of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 20: That a new Subsection C, “Medical Services, Hospital and Colleges and Universities” is added to Section 18.18.040, “Other Applicable Regulations”, of Chapter

18.18, “Special Purpose Zones” of Title 18, “Zoning”, of the SCCC and reads as follows:
“Medical Services, Hospitals; Colleges and Universities. On sites of 10 acres or more, Medical Services, Hospital uses and Colleges and Universities are allowed a maximum height of 200 feet and a maximum of 12 stories, subject to any height limits imposed by the FAA due to flight paths for the San Jose International Airport.” SECTION 21: That Chapter 18.256, “Planned Development – Master Community Zoning Districts”, of Title 18, “Zoning”, of the SCCC is hereby renumbered as Chapter 18.21 and added to Article 2, “Zones, Allowable Uses, and Development Standards” of the Zoning Code, and Sections 18.256.010 through 18.256.120 are hereby renumbered as Sections 18.21.010 through 18.21.120, respectively. //
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SECTION 22: That Chapter 18.258, “HT – Historic Combining Districts”, of Title 18, “Zoning”, of the SCCC is hereby renumbered as Chapter 18.28 and added to Article 2, “Zones, Allowable Uses, and Development Standards” of the Zoning Code, and Sections

18.258.010 through 18.258.090 are hereby renumbered as Sections 18.28.010 through

18.28.090, respectively.

SECTION 23: That Code Figure 3-1, “Visibility Clearance Areas”, of Chapter 18.30, “Site Planning and General Development Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended with an updated graphic as shown:
“Figure 3-1. Visibility Clearance Areas
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e
C.

C.
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C
0 TI
<l)
~ <l)
~
Intersection Exit
◄ so· _f.12..j
t,
t
125'
Face of Curb
Landscape Strip
~ Sidewalk
- -- - - - - -- - -- - -- - -- - -- - ·r - --
Visibility Clearance Area
Visibility
Clearance
Area Freestanding and Pole Signs
are allowed within the
visibility clearance areas with
a minimum vertical clearance
of 8 ft.

Visibility clearance areas are free from
visual obstructions; maximum wall, fence,
and hedge landscape height = 3 feet
Property Line
Ordinance/Zoning Code Cleanup #3 Page 13 of 33
Rev: 09/2019
SECTION 24: That Figure 3-3, “Setback Measurements” of Chapter 18.30, “Site Planning and General Development Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended with an updated graphic as shown:
“Figure 3-3. Setback Measurements
SECTION 25: That the existing subsections A through D of Section 18.38.040, “Exceptions and Reductions to Parking Requirements”, of Chapter 18.38, “Off-Street Parking Regulations and Design Standards”, of Title 18, “Zoning”, of the SCCC are hereby redesignated as subsections B through E, respectively.
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Rear parcel line
Ordinance/Zoning Code Cleanup #3 Page 14 of 33
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SECTION 26: That a new subsection A, entitled “Unbundled Parking, multi-family projects.” is added to Section 18.38.040, “Exceptions and Reductions to Parking Requirements”, of Chapter 18.38, “Off-Street Parking Regulations and Design Standards”, of Title 18, “Zoning”, of the SCCC and reads as follows:
“Unbundled Parking, multi-family projects. Notwithstanding anything to the contrary, for new multi-family projects with more than 15 units, including projects in the Downtown zoning district, all parking is required to be provided unbundled from the rental of the unit.” SECTION 27: That subsection C, “Definitions” of Section 18.38.050, “Bicycle Parking Requirements”, of Chapter 18.38, “Off-Street Parking Regulations and Design Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“C. Definitions.

Class I Bicycle Parking. Class I secured bicycle parking protects the entire bicycle and its components from theft, vandalism, or inclement weather, and includes bicycle lockers, rooms with key access for regular bicycle commuters, valet or check in parking, and guarded parking areas.

Class II Bicycle Parking. Class II bicycle parking includes bicycle racks (i.e., inverted Urack, ribbon rack, wave rack) suitable for easy access of bicycles not within an enclosed structure, pod, or unit.”
SECTION 28: That the unnumbered subsection entitled “Required Bicycle Parking” in Section 18.38.050, “Bicycle Parking Requirements,” following Subsection E, “Class II Bicycle Rack Design and Location Requirements” of Chapter 18.38, “Off-Street Parking Regulations and Design Standards”, of Title 18, “Zoning”, of the SCCC is hereby numbered as subsection F and amended to read as follows:

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“F. Required Bicycle Parking. Table 3-4 (Required Bicycle Parking) establishes the minimum number of bicycle parking spaces required for each land use type, regardless of the zoning in which the use is located. If the ratios set by Table 3-4 would result in one or fewer Class II bicycle spaces, the development shall provide two Class II spaces. If the ratios would result in more than one Class II bicycle space but less than four, the development shall provide four Class II spaces. For commercial and industrial uses, at least 50% all of the required bicycle parking spaces must be closer than the closest nonhandicapped automobile parking space.” SECTION 29: That Table 3-4, “Bicycle Parking Requirements” of Chapter 18.38, “Off-Street Parking Regulations and Design Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 30: That subsection D, “Single- and Two-Family Dwellings” of Section 18.38.060, “General Parking Standards” of Chapter 18.38, “Off-Street Parking Regulations and Design Standards”, of Title 18, “Zoning”, of the SCCC is revised as follows:
“Single- and Two-Family Dwellings. Off-street parking and driveways for singlefamily attached and attached dwellings, and two-family attached dwellings shall meet the following requirements:

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

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

3. The minimum driveway width shall be 10 feet.

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

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

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

7. The required parking shall not be located within the required yard area, except the required parking may be provided in the rear yard only when an alley is available for access.

8.7. All vehicles are required to be parked on a continuously paved surface. Driveways and driveway approaches shall be paved.

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

10.9. All vehicles, including boats, and trailers, in the required front yard shall not be parked parallel perpendicular to the street, unless the legal driveway configuration dictates otherwise.
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“Figure 3-13
Single-Family Garage Dimensions
SECTION 31: That the definition “Vehicle Sign”, in Section 18.42.030, “Definitions”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“Vehicle Sign. A sign which is attached to or painted on a stationary vehicle which is parked on or adjacent to a property with the principal purpose of attracting attention to a product sold, or activity or business located on the property.” //
Minimum driveway length
between parking and any
public right-of-way line
shall be min. 20 feet
. - - Public Right-of-Way Line~
Sidewalk
Public Street
-----Min. 20'-----'
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SECTION 32: That subsection E, “Procedure” in Section 18.42.050, “Comprehensive Sign Program”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“Procedure. If a Comprehensive Sign Program is to be included within a development plan, site plan, planned unit development plan, or other official plan required by the City for the proposed development, then a Conditional Use Sign Permit shall be processed simultaneously with other plans or permit applications.” SECTION 33: That subsection A, “Exempt Signs” in Section 18.42.070, “Exempt Signs”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“Exempt Signs. The following signs are allowed without a Sign Permit in any zone and shall not be included in the determination of type, number, or area or signs allowed on each parcel. Exempted signs shall be required to adhere to the regulations established for each sign type as provided in this Section.

1. Signs required by Federal/State law;

2. Official signs posted by a governmental body, including, flags, banners, emblems, traffic or highway signs, railroad crossing signs, or similar regulatory or warning devices and legal notices;

2.3. Directory and directional signs;

3.4. Holiday displays and decorations, only when not creating a traffic hazard or located within any visual setback area in the visibility clearance area; //
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4.5. Commemorative plaques, tables, date of construction, and similar signs constructed of permanent material. Only one sign for each structure, not to exceed two square feet in area for each sign is allowed;

5.6. Signs located inside a structure, mall, or other similar structure, provided these signs are not conspicuously visible and readable from a public street or adjacent properties not under the same ownership;

6.7. Murals or other artistic paintings on walls, provided no names, information, logos, emblems or other similar information or illustrations of activities associated with uses on the premises or in the vicinity are included in the mural or painting;

7.8. "No Trespassing" signs. Each sign limited to one square foot in area. Signs may be placed at each corner and each entrance to a parcel and at intervals of not less than 50 feet or in compliance with legal requirements;

8.9. Real estate signs.
a. “For Rent”, “For Sale”, and “For Lease” signs shall be posted on the subject parcel, including common driveways, that is being advertised by an authorized agent; b. Real estate signs shall not exceed six square feet for single-family residential and 32 square feet for multi-family or non-residential for each side of a double-sided sign; c. There shall be no more than one sign per street frontage; and d. Illuminated real estate signs are prohibited.

9.10. Signs placed by utilities or other publicly regulated service providers indicating location of underground facilities, danger, and aids to service or safety, including official advisory and signal flags;

10.11. Copy changes in approved changeable copy signs;
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11.12. Signs or notices incidental to a commercial, mixed-use, or industrial establishment (e.g., hours of operation, credit card information, emergency contact information, help wanted, open-close) provided the signs do not contain any commercial messages, the establishment logo, and in total do not exceed four square feet in area for all incidental signs;

12.13. Memorial tablets or signs and iconic markers; and

13.14. Window signs not exceeding 25 percent of a tenant’s total window space.

Notwithstanding the foregoing, window signs shall not include the outline of windows with neon/LED light borders.”
SECTION 34: That Table 3-9, “Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones”, of Section 18.42.110, “Standards for Signs Requiring a Sign Permit”, of Chapter 18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended as shown in Attachment A and appended hereto.

SECTION 35: That Paragraph 1, “Freestanding Signs” of subsection E, “Freestanding and Monument Signs”, of Section 18.42.120, “Standards for Specific Sign Types”, of Chapter

18.42, “Sign Standards”, of Title 18, “Zoning”, of the SCCC is hereby amended to read as follows:
“1. Freestanding Signs.
a. A freestanding sign is allowed by the provisions of this Chapter provided the freestanding sign complies with the provisions of this Chapter. b. Freestanding signs may not exceed 150 square feet of sign area per individual sign (a double-sided freestanding sign would equal 75 square feet per side). //
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c. Freestanding signs not exceeding six feet in height and thirty 30 square feet in total sign area are allowed, at a minimum setback of four feet behind parcel line. d. Freestanding signs shall not exceed a height of 20 feet. e.d. If the freestanding sign is within the visibility clearance area of any driveway or intersection, it shall not exceed three feet in height. f.e. Freestanding signs shall not be located within a dedicated utility easement. g.f. To ensure the readability, the minimum letter size required on all freestanding signs shall be 10 inches. Sign copy shall not be located closer than one half-letter height to the sign edge or other line of copy.
h.g. External illumination with a hooded floodlight is prohibited. Internal illumination is permitted.
i.h. Freestanding signs shall be placed in a landscaped bed and shall have a minimum of two square feet of landscaping for every square foot of sign area measured at the base of the sign.”
SECTION 36: That Paragraph 3, “Openings of Service Bays”, of Subsection C, “Development Standards,” of Section 18.60.200, “Vehicle Repair and Maintenance Facilities,” of Chapter 18.60, “Standards for Specific Land Uses,” of Title 18, “Zoning”, of the SCCC is hereby modified as follows:
“3. Openings of Service Bays. Openings of service bays for new repair facilities shall not face be visible from the public rights-of-way and shall be designed to minimize the visual intrusion onto adjoining properties.”
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SECTION 37: That Subsection A of Section 18.60.280, “Mobile Food Vendors,” of Chapter

18.60, “Standards for Specific Land Uses,” of Title 18, “Zoning”, of the SCCC is hereby modified as follows:
“Purpose and Intent. The intent of this Section is to encourage regulate mobile food vending on private property that is compatible with associated and surrounding uses and do not obstruct pedestrian or vehicular circulation or create an unsightly appearance. This section does not apply to sidewalk sales in the public right-of-way, which are governed by Sections 51036-51039 of the Government code.”
SECTION 38: That Subsection A of Section 18.66.030, “Exemptions from Discretionary Permits,” of Chapter 18.66, “Wireless Telecommunications Facilities,” of Title 18, “Zoning”, of the SCCC is hereby modified as follows:
“Replacement or modification of a previously allowed facility or equipment, or replacement or restoration of previously allowed facilities or equipment following temporary relocation, or collocation of new transmission equipment, that does not substantially change the physical dimensions of the existing facility or equipment and qualifies as an “eligible facilities request” under 47 CFR § 1.6100, as may be amended.” SECTION 39: That a new Section 18.66.100, “Continuation of Wireless Facilities” is added to Chapter 18.66, “Wireless Telecommunications Facilities,” of Title 18, “Zoning”, of the SCCC and reads as follows:
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“18.66.100 – Restoration of Wireless Facilities after Redevelopment.

A. During redevelopment of a site that involves an existing wireless facility, wireless facilities are allowed to continue in a temporary configuration for a period of up to three years from the date of the removal of the permanent facility. Temporary wireless facilities may be located up to 200 feet from the subject site.

B. Permanent wireless facilities may be restored on the subject site in a buildingmounted configuration only. Continued wireless facilities are required to obtain a Zoning Clearance and building permits within six months of the completion of the redevelopment of the site, as measured by the first Certificate of Occupancy.” SECTION 40: That Subsection B, “Before Any Other Action,” of Section 18.120.020, “Architectural Review Process,” of Chapter 18.120, “Architectural Review,” of Title 18, “Zoning”, of the SCCC is hereby renamed “Plans Required”.

SECTION 41: That Subsection D, “Public Hearing Required,” of Section 18.120.020, “Architectural Review Process,” of Chapter 18.120, “Architectural Review,” of Title 18, “Zoning”, of the SCCC is hereby amended as follows:
“D. Public Hearing Required. The Director shall conduct a public hearing, titled the "Development Review Hearing," after providing notice in compliance with Chapter

18.146 (Public Notices and Hearings) for the following types of projects:

1. New or expanded single-family homes resulting in:
a. Five or more bedrooms;
b. Five or more bathrooms;
c. Two or more bedrooms with direct exterior access; or d. A new second story or the expansion of an existing second story.

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2. Residential parcel or subdivision maps and any associated development plans.

3. New multi-family developments of any size.

42. New freestanding non-residential development greater than 5,000 square feet in size.

53. Modifications or additions to existing non-residential development, where the modification or addition is greater than 20,000 square feet in size.

64. Demolition or major alterations to properties on the City's Historic Resources Inventory (HRI).

75. Demolition of an existing structure, other than a non-habitable accessory structure.

86. Any other project not listed above that the Director determines should be considered at a public hearing.”
SECTION 42: That a new Subsection D, “Completeness of Application,” is added to Section 18.126.030, “Review Process,” of Chapter 18.126, “Zoning Clearances,” of Title 18, “Zoning”, as follows:
“Completeness of Application. All applications are required to be complete, including payment of fees, within 90 days of initial submittal. Any applications that remain incomplete will be automatically revoked without fees being refunded on the 91st day after initial submittal.”
SECTION 43: That a new subparagraph “c” is hereby added to paragraph 3 of Subsection B, “Timing and Form of Appeal,” of Section 18.144.030, “Filing and Processing of Appeals,” of Chapter 18.144, “Appeals,” of Title 18, “Zoning”, of the SCCC to read as follows:
“c. An appeal is not considered filed until the filing fee has been received.” //
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SECTION 44: That subparagraph d, regarding posting notices on the City’s website, of paragraph 2, “Alternative Notice for the Director’s Decision - Without a Public Hearing,” of Subsection B., “Method of Notice Distribution,” of Section 18.146.020, “Notice of Hearing,” of Chapter 18.146, “Public Notices and Hearings,” of Title 18, “Zoning”, of the SCCC is hereby deleted.

SECTION 45: That subparagraph f, regarding posting decisions on the City’s website, of paragraph 4, “Posting Notices,” of Subsection B., “Method of Notice Distribution,” of Section

18.146.020, “Notice of Hearing,” of Chapter 18.146, “Public Notices and Hearings,” of Title 18, “Zoning”, of the SCCC is hereby deleted.

SECTION 46: That the definition “Attic” is added to Section 18.160.010, “’A’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC and reads as follows:
“Attic. The unconditioned, non-habitable part of a building immediately below the roof situated wholly within the roof framing. Permanent fixed stairways to an attic are prohibited. The maximum height of an attic is less than seven (7) feet.” SECTION 47: That the definition “Common Living Area” in Section 18.160.030, “’C’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC is modified to read as follows:
“Common Living Area. The area of a dwelling available to all residents of a unit, including the living room, dining room and kitchen, but exclusive of bathrooms and hallways. Bedrooms are also not counted in the common area total.” SECTION 48: That the definition “Demolition” in Section 18.160.040, “’D’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC is re-named, “Demolition, Historic Resources”.

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SECTION 49: That a new definition of the term “Demolition” is added to Section

18.160.040, “’D’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC, immediately before the definition of “Demolition, Historic Resources”, and reads as follows:
“Demolition. Means removal of more than fifty percent of the exterior walls of a building.

1. A wall, or portion of a wall, is deemed "removed" when its structure is removed or moved to another location or elevation on site, when the wall is enclosed behind newly constructed space, or when the exterior siding of the wall is removed.

2. For the purposes of calculating the amount of exterior walls removed, the remaining exterior walls must be contiguous.

3. Removal and replication of framing and/or siding for purposes of repair only does not constitute removal or demolition.”
SECTION 50: That the definition “Dwelling unit” is added to Section 18.160.040, “’D’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC and reads as follows:
“Dwelling Unit. A room or group of rooms including living, sleeping, eating, cooking, and sanitation facilities, constituting a separate and independent housekeeping unit, occupied or intended for residential occupancy on a non-transient basis.” SECTION 51: That the definition of “Dwelling, Multifamily” in Section 18.160.040, “’D’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC is modified to read as follows:
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Ordinance/Zoning Code Cleanup #3 Page 27 of 33
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“Dwelling, Multifamily. Residential structure containing three or more residential dwelling units, each of which is for the occupancy by one or more persons living as a single housekeeping unit. Includes: triplexes (structures under single ownership with three dwelling units in the same structure); fourplexes (structure under single ownership with four dwelling units in the same structure); apartments (five or more dwelling units under single ownership in the same structure or complex); and common ownership attached unit projects including condominiums and townhouses. Does not include two-family residential dwellings.”
SECTION 52: That the definitions “Fitness Facilities”, “Floor Area Ratio”, “Floor Area Ratio, Commercial”, and Floor Area, Gross of Section 18.160.060, “’F’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC are revised to read as follows:
“Fitness Facilities. A business or an organization charging a membership or use fee, including private clubs and gymnasiums, that provides exercise machines, free weights, swimming pool, spa, steam room or fitness training and classes for use by clients. Spas and steam rooms are allowed as an ancillary use to fitness facilities. “Floor Area Ratio. FAR is a broad measure of building mass in relation to the area of a lot or lots. It is calculated as the ratio of the gross floor area of a building or buildings at or above grade divided by the gross net area of the site. FARs may be applied on a parcelby-parcel basis or as an average for an entire site under a single development proposal.” “Floor Area Ratio, Commercial. For the purpose of determining the required commercial areas of mixed-use projects, the commercial floor area ratio is the floor area of a building devoted to commercial uses, not including amenity spaces or parking areas, divided by the gross lot area.

Ordinance/Zoning Code Cleanup #3 Page 28 of 33
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“Floor Area, Gross. The floor area computed from the outside dimensions of the building, at or above grade, and not excluding including corridors and other design features and aggregated for each additional story or mezzanine floor, and excluding any basement area, except as provided below. Design features such as atria and mezzanines are not counted towards gross floor area, provided that those features do not increase the occupant load of the building. For purposes of this definition, where less than one-half the height of a basement is below grade, measured by reference to the average elevation of land within one hundred (100) feet of the building, such basement or ground floor shall be considered a story and contribute to the floor area.”
SECTION 53: That the definition “Kennel” is modified, and that a new definition “Kickboard” is inserted into Section 18.160.110, “’K’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC and those definitions are to read as follows:
“Kennel. Facility where five or more dogs, cats, or other small domesticated animals over the age of four months are kept, whether keeping is for pleasure, profit, breeding, or exhibiting, including places where the animals are boarded, kept for sale or hire. May also include daytime boarding and activity for animals (e.g., “doggie daycares”) and ancillary grooming facilities.”
“Kickboard. A horizontal board installed along the bottom of a fence. Kickboards are included in the measurement of fence height.”
SECTION 54: That the definition “Major Transit Stop”, of Section 18.160.130, “’M’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC is revised to read as follows:
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Ordinance/Zoning Code Cleanup #3 Page 29 of 33
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“Major Transit Stop. Any of the following:
(1) a transit stop identified in the current version of Plan Bay Area; (2) an existing rail or bus rapid transit station; or
(3) the intersection of two or more major bus routes with a frequency of service interval of 15 20 minutes or less during the morning and afternoon peak commute periods.” SECTION 55: That the definition “Retaining Wall”, is added to Section 18.160.180, “’R’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC and reads as follows:
“Retaining Wall. A structure that holds or retains soil behind it. It may be constructed of wood, masonry, concrete, metal, or other material.”
SECTION 56: That the definition “Smoke Shop”, contained in Section 18.160.190, “’S’ Definitions”, of Article 8, “Definitions”, of Title 18, “Zoning”, of the SCCC is modified to read as follows:
“Smoke Shop: Any premises dedicated to primarily engaged in the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco products, or tobacco, vaping, compressed gas (i.e. nitrous oxide), or cannabis paraphernalia. Any grocery store, supermarket, convenience store or similar retail use that only sells conventional cigars, cigarettes or tobacco as an ancillary sale shall not be defined as a “smoke shop”” and is not subject to the restrictions in this chapter. For purposes of this definition only, “primarily engaged in” means when 30% or more the products sold at the retail establishment are smoking and tobacco products or accessories, or other products or devices and components reasonably used for smoking or the inhalation or ingestion of any substance or any combination thereof.”
Ordinance/Zoning Code Cleanup #3 Page 30 of 33
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SECTION 57: That the definition for “Specialized Education and Training” in Section

18.160.190 (“‘S’ Definitions”) of Article 8 (“Definitions”) of Title 18 (“Zoning”) of the SCCC is modified to read:
“Specialized Education and Training. School offering specialized education and training that typically offer certifications rather than academic degrees (e.g., dance, judo, painting and tutoring).”
SECTION 58: That a new definition entitled “Vehicle Storage Yard” is added to Section

18.160.220 (“‘V’ Definitions”) of Article 8 (“Definitions”) of Title 18 (“Zoning”) of the SCCC to read as follows:
“Vehicle Storage Yard means the keeping outside of an enclosed building for more than 72 consecutive hours of one or more motor vehicles (except inoperable vehicles), boats, trailers, or unoccupied recreational vehicles.”
SECTION 59: That the definition for Vocational School in Section 18.160.220 (“‘V’ Definitions”) of Article 8 (“Definitions”) of Title 18 (“Zoning”) of the SCCC us modified to read as follows:
“Vocational School. A public or private post-secondary school other than a community college or four-year college providing occupational or job skills training for specific occupations. See “Specialized Education and Training/Studios” SECTION 60: That Section 18.06.030 (“Zoning Map”) of Chapter 18.06 (“Zoning Map and Zones”) of Title 18 (“Zoning”) is hereby amended to read as follows:
“18.06.030 – Zoning Map
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Ordinance/Zoning Code Cleanup #3 Page 31 of 33
Rev: 09/2019
The boundaries, designations, and locations of the zones established by this Zoning Code shall be shown upon the map(s) entitled "Zoning Map for Santa Clara " and referred to in this Zoning Code as the Zoning Map. Any additional maps (e.g., setback map, height map) adopted shall also be a part of this Zoning Code by reference. This Zoning Code, together with the Zoning Map, is hereby adopted in compliance with current State planning, zoning, and development laws. Amendments to the existing zone boundaries of any identified zones shall be made by ordinance in compliance with Chapter 18.142 (Amendments [General Plan, Zoning Code, and Zoning Map]).”
SECTION 61: That the first paragraph of subsection (e) of Section 1.10.030 (“Administrative citation”) of Chapter 1.10 (“Administrative Penalties – Citations”) of Title 1 (“General Provisions”) is hereby amended to read as follows:
“An administrative citation may be served by personal delivery on any person determined to be responsible for the violation if the responsible person resides or works within the City and can be located. If the responsible person resides and works outside the City, or the Code enforcement officer cannot readily locate a responsible party for personal delivery of an administrative citation, then the citation may be served by either by certified mail, postage prepaid, return receipt requested; or by priority mail with tracking;, addressed to a location reasonably calculated to give notice to the responsible party of the administrative citation. All notices required by this chapter to be served subsequent to service of a citation may be served either by personal delivery or by certified mail, postage prepaid, return receipt requested, and shall be deemed effective on the date of personal delivery or when the certified mail is either delivered or delivery is attempted.” //
Ordinance/Zoning Code Cleanup #3 Page 32 of 33
Rev: 09/2019
SECTION 62: That all of the Chapters numbered 18.200 and above are hereby deleted from the Zoning Code.

SECTION 63: That the cross-references to other sections of the code are updated to reflect the correct target destination.

SECTION 64: Ordinances Repealed. With exception of the provisions protected by the savings clause, all ordinances (or parts of ordinances) in conflict with or inconsistent with this ordinance are hereby repealed.

SECTION 65: Savings clause. The changes provided for in this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any right established or accruing before the effective date of this ordinance; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to the effective date of this ordinance. All fee schedules shall remain in force until superseded by the fee schedules adopted by the City Council.
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SECTION 66: 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 18TH day of AUGUST, 2026, by the following vote:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

Attachments incorporated by reference:

1. Zoning Code Amended Tables
Ordinance/Zoning Code Cleanup #3
Rev: 09/2019
Chahal, Cox, Gonzalez, Jain, and Hardy, and
Mayor Gillmor
Park
None
None
ATTEST:
~~ NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA

Page 33 of 33 ends

Zoning Code Amended Tables
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 1 of 28 Table from City Code § 9.10.040 Noise or sound regulation.

Schedule A
Exterior Sound or Noise Limits
Receiving Zone Zoning Category Time Period
Noise
Level
(dBA)
Category 1
Single-family and duplex residential
(R1, R2)
Commencing at 7:00 A.M. and
ending at 10:00 P.M. that
evening
55 Commencing at 10:00 P.M. and
ending at 7:00 A.M. the following
morning
50 Category 2
Multiple-family residential, public space
(R3, R4, R5, R6, UC, UV, PQP)
Commencing at 7:00 A.M. and
ending at 10:00 P.M. that
evening
55 Commencing at 10:00 P.M. and
ending at 7:00 A.M. the following
morning
50 Category 3
Commercial, Mixed Use (C-C, C-N, CR, MU-NC, MU-CC, MU-RD, MU-MD, MU-VHD, HD-Flex)
Commencing at 7:00 A.M. and
ending at 10:00 P.M. that
evening
65 Commencing at 10:00 P.M. and
ending at 7:00 A.M. the following
morning
60 Category 4
Office and Light Industrial (LO-RD, HORD, LI)Anytime 70 Heavy Industrial (HI) Anytime 75
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 2 of 28 Table 2-1
Residential Zones Allowed Uses and Permit Requirements
Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

R1-6L
R1-8L R2 R3
R4 R5 R6 Additional
Regulations
Residential Uses
Dwelling, Accessory
Units P P P P P Chapter 18.60.020
Dwelling, Multifamily - P P P P
Dwelling(s), SingleFamily P P -P - -
Dwelling, Two-Family P P P - - Chapter 18.24
Employee Housing P P P P P
Home Occupations P P P P P Chapter 18.60.120
Live-Work Facilities - - MUP MUP MUP Chapter 18.60.130
Mobile Home Park - - CUP CUP -
Organizational Houses - - MUP MUP -
Rooming and/or
Boarding Houses - - MUP MUP -
Supportive Housing P P P P P
Transitional Housing P P P P P
Human Services Uses
Assisted Living Facilities - - - CUP CUP Chapter 18.60.080 Child Day Care Homes,
Up to 14 Children P P P P P
Residential Care
Facilities, six or fewer
residents

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

MUP MUP MUP MUP MUP
Community Care
Facilities - CUP CUP CUP CUP
Low-barrier Navigation
Centers
- - P P -
Emergency Shelters - - P P - Chapter 18.60.110
Recreation, Education, and Public Assembly Uses
Community Gardens P P P P P
Parks and Public Plazas P P P P P
Places of Assembly - CUPMUP CUPMUP CUPMUP CUPMUP
Public Schools P P P P -
Private Schools CUP CUP CUP CUP -
Utility, Transportation, and Communication Uses
Public Safety Facilities - - P P P
Wireless
Telecommunications
Facilities, Colocation/Small Cell
P P P P P Chapter 18.66
Photovoltaic Systems P P P P P
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 3 of 28 Table 2-1
Residential Zones Allowed Uses and Permit Requirements
Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

R1-6L
R1-8L R2 R3
R4 R5 R6 Additional
Regulations
Retail, Service, and Office Uses
Bed and Breakfast Inns P P CUP - - Chapter 18.60.050
Table 2-2
Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

PH-R5
UV
HDFlexVR UC Additional Regulations
Residential Uses
Dwelling, Accessory
Units P P P P Chapter 18.60.020
Dwelling, Multifamily P P P P
Dwelling, Single-Family - - - -
Dwelling, Two-Family - - - - Chapter 18.24
Employee Housing P P P P
Home Occupations P P P P Chapter 18.60.120
Live-Work Facilities MUP MUP MUP MUP Chapter 18.60.130
Mobile Home Park - - - -
Organizational Houses - - - -
Rooming and/or
Boarding Houses - - - -
Supportive Housing P P P P
Transitional Housing P P P P
Human Services Uses
Assisted Living Facilities CUP CUP CUP CUP Chapter 18.60.080 Day Care Homes, Up to
14 Children P P P P
Community Care
FacilitySmall P P P P
Community Care
Facility, Large CUP CUP CUP CUP
Emergency Shelters - - - - Chapter 18.60.110
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 4 of 28 Table 2-2
Patrick Henry Drive Residential Zones Allowed Uses and Permit Requirements Residential Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

PH-R5
UV
HDFlexVR UC Additional Regulations
Recreation, Education, and Public Assembly Uses
Community Gardens P P P P
Parks and Public Plazas P P P P
Places of Assembly

CUPMUP CUPMUP CUPMUP CUPMUP
Public Schools CUP CUP CUP CUP
Private Schools CUP CUP CUP CUP
Utility, Transportation, and Communication Uses
Public Safety Facilities P P P P
Wireless
Telecommunications
Facilities, Colocation/Small Cell
P P P P Chapter 18.66
Retail, Service, and Office Uses
Bed and Breakfast Inns - - - - Chapter 18.60.050
Retail P P P P
Off-sale of alcohol P P P P
Restaurants, including
on-sale of alcohol

P P P P
Bars CUP CUP CUP CUP
Office P P P P For Office Uses in the HD-Flex
zone, see Table 2-5
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 5 of 28 Table 2-3
Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Parcel Area (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 6,000 8,000 7,000
4,550 8,500 8,500 10,000 None
Street Frontage (feet) 60 70 50 60 70 70 None
Structure Coverage (maximum percentage)
Parcel Area (less than 10,000
sq. ft.) 40% 40% 45% 60% 80% None None
Parcel Area (10,000 sq. ft. or
greater) 40% 40% 45% None None None None
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of the curb., adopted plan line, or edge of right-of-way.

Front 20 20 15 10 10 10 10 Section 18.30.050
Front, second story 25 25 n/a n/a n/a n/a n/a
Side, Corner 10 10 10 10 15 15 15
Side, corner second
story 15 15 n/a n/a n/a n/a n/a
Side, Interior 5 6 and 9 5 5 10 10 10 Section 18.10.040(B) Section 18.30.050
Side, interior, second
story 10 11 and
14 n/a n/a n/a n/a n/a
Rear, single-story 20 20 10 10 20 20 20 Section 18.30.050 Rear, multi-story 20 20 15 15 20 20 20 Section 18.30.050 Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 6 of 28 Table 2-3
Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Length of driveway
approach 20 20 20 20 20 20 20
Height (maximum) measured in feet
Height (within 20 feet of
the R1-6L, R1-8L, and
R2 zones)
25 25 32 32 32 32 32 Section 18.30.040
Height (all other zones) 25 25 32 40 80 100 200 Section 18.30.040 Number of Stories (maximum)
Number of Stories and the
Daylight Plane
All structures adjacent to R1 and R2 zones shall include a 45-degree daylight plan off the property line to implement a compatible transition between structures.

Number of Stories 2 2 2 4 8 10 20
Gross Net Residential Density (minimum to maximum) shown in number of dwelling units per acre Allowable Density 0.1-10 0.1-10 8-19 20-36 37-50 51-100 99 60
100-
350
Section 18.10.040 D
Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit Private Recreation Space
(required for a minimum of 50
percent of units)
None None None 60 60 40 40
Common Recreation Space
(per unit) None None None 200 200 200 200
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Density Bonus and
Affordable Housing Chapter 18.64
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 7 of 28 Table 2-3
Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
R1-6L R1-8L R2 R3 R4 R5 R6 Additional
Regulations
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Table 2-4
Patrick Henry Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
PH-R5 UV VR UC HD
Flex Additional Regulations
Parcel Area (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 10,000 10,000 10,000 8,500 8,500
Street Frontage (feet) 70 70 70 60 70
Structure Coverage (maximum percentage)
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 8 of 28 Table 2-4
Patrick Henry Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
PH-R5 UV VR UC HD
Flex Additional Regulations
Parcel Area (less than 10,000
sq. ft.) None None None None None
Parcel Area (10,000 sq. ft. or
greater) None None None None None
Setbacks (minimum) - Setback lines are measured from the back of walk.

Residential (front, side
corner and interior) 10 10 10 10 10
Mixed-Use (front, side
corner and interior) 0 0 0 0 0
Office (front, side corner and
interior) 0 0 0 0 0
Setback Encroachments
(i.e., awning, balconies,
stoops)
Setback encroachments are allowed per the quantitative
standards of the PHD plan.

Height (maximum) measured in feet
Height (within 20 feet of the
R1-6L, R1-8L, and R2 zones) 32 32 32 32 32 Section 18.30.040 Height (all other zones) 135 160 160 FAA 160 Section 18.30.040 Number of Stories (maximum)
Number of Stories (all other
zones) 10 12 12 FAA 12
Gross Net Residential Density (minimum to maximum) shown in number of dwelling units per acre Allowable Density 51-99
100 100-149 60-149 120-250 60-149
Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit Private Recreation Space
(required for a minimum of 50
percent of units)
Per the PDO and PHD plan
Common Recreation Space
(per unit) Per the PDO and PHD plan
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Density Bonus and
Affordable Housing Chapter 18.64
Fences, Walls, Hedges, and
Screens Chapter 18.34
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 9 of 28 Table 2-4
Patrick Henry Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
PH-R5 UV VR UC HD
Flex Additional Regulations
Landscaping Standards Chapter 18.36
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Table 2-4
Patrick Henry Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
PH-R5 UV VR UC HD
Flex Additional Regulations
Parcel Area (minimum) area required for each NEWLY CREATED parcel.

Parcel Area 10,000 10,000 10,000 8,500 8,500
Street Frontage (feet) 70 70 70 60 70
Structure Coverage (maximum percentage)
Parcel Area (less than 10,000
sq. ft.) None None None None None
Parcel Area (10,000 sq. ft. or
greater) None None None None None
Setbacks (minimum) - Setback lines are measured from the back of walk.

Height (maximum) measured in feet
Height (within 20 feet of the
R1-6L, R1-8L, and R2 zones) 32 32 32 32 32 Section 18.30.040 Height (all other zones) 135 160 160 FAA 160 Section 18.30.040 Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 10 of 28 Table 2-4
Patrick Henry Residential Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
PH-R5 UV VR UC HD
Flex Additional Regulations
Number of Stories (maximum)
Number of Stories (all other
zones) 10 12 12 FAA 12
Gross Net Residential Density (minimum to maximum) shown in number of dwelling units per acre Allowable Density 51-99
100 100-149 60-149 120-250 60-149
Recreation Space for Multi-Family Dwellings (minimum) measured in square feet per dwelling unit Private Recreation Space
(required for a minimum of 50
percent of units)
Per the PDO and PHD plan
Common Recreation Space
(per unit) Per the PDO and PHD plan
Additional Regulations
Residential Accessory
Structures Chapter 18.32
Density Bonus and
Affordable Housing Chapter 18.64
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Table 2-8
Commercial Zones Allowed Uses and Permit Requirements
Commercial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N C-C C-R Additional Regulations
Residential Uses
Caretaker Housing - P P Section 18.60.060
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 11 of 28 P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N C-C C-R Additional Regulations
Dwelling, Multifamily MUP MUP MUP Section 18.12.040(A)(7) Employee Housing - - -
Home Occupations - - - Section 18.60.120
Live-Work Facilities MUP MUP MUP Section 18.60.130
Single-Room Occupancy (SRO)
Facilities - P P
Supportive Housing - - P
Transitional Housing Facilities - - P
Human Services Uses
Assisted Living Facilities - CUP - Section 18.60.080
Child Day Care Facilities P P P Section 18.60.070
Residential Care Facilities, six or
fewer residents P P P
Residential Care Facilities,
seven or more residents MUP MUP MUP
Community Care Facilities CUP CUP CUP
Child Day Care Homes, Up to 14
Children - - -
Low-barrier Navigation Centers P P
Emergency Shelters - P P Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP -
Commercial Recreation
Facilities, Indoor CUP P P
Commercial Recreation
Facilities, Outdoor - P P
Fitness Facilities MUP P P
Libraries P P P
Mortuaries and Funeral Homes - P P
Museums - P P
Parks and Public Plazas P P P
Recreational Vehicle Parks - - CUP
Places of Assembly P P P
Public Schools P P P
Private Schools CUP CUP CUP
Public/Private Colleges and
Universities P P P
Theaters and Auditoriums - P P
Vocational/Trade Schools
Specialized Education and
Training
P P P
Utility, Transportation, and Communication Uses
Broadcasting and Recording
Studios - P P
Parking Structures Facilities - CUP CUP
Public Safety Facilities P P P
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 12 of 28 P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N C-C C-R Additional Regulations
Wireless Telecommunication
Facilities and Towers, Colocation/Small CellP P P Chapter 18.66 Wireless Telecommunication
Facilities and Towers, Minor (less
than 70 feet)
MUP MUP MUP Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major (70
feet or higher)
CUP CUP CUP Chapter 18.66
Transit Stations and Terminals - CUP CUP
Utility Facilities and
Infrastructures CUP CUP CUP
Diesel Back-up Generators P P P Section 18.60.260
Photovoltaic Systems P P P
Retail, Service, and Office Uses
Adult Businesses Uses - - CUP Chapter 18.62
Alcoholic Beverage Sales and
Service P P P Section 18.60.040
Ambulance Services - CUP CUP
Animal Sales and Grooming
Facilities P P P
Banks and Financial
Establishments, General P P P
Banks and Financial
Establishments, Stand-alone
ATM
P P P
Bars CUP CUP CUP
Bed and Breakfast Inns CUP - - Chapter 18.60.050
Building Material Stores and
Yards - P P
Business Support Centers P P P
Drive-in/Drive-through
Establishments CUP CUP CUP Section 18.60.100
Equipment Sales and Rentals - P P
Garden Centers/Plant Nurseries - P P
Hotels and Motels CUP CUP CUP
Kennels - CUP CUP
Live Entertainment, Incidental P P P
Live Entertainment, Standalone
Uses MUP/CUP MUP/CUP MUP/CUP Section 18.12.040(A)(5)
Maintenance and Repair
Services - P P
Medical Services, General P P P
Mobile Food Vendors P/MUP P/MUP P/MUP 18.60.280
Nightclubs CUP CUP CUP
Offices P P P
Outdoor Displays and Sales MUP CUP CUP Section 18.60.150 Outdoor Dining and Seating MUP MUP MUP Section 18.60.140 Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 13 of 28 P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

C-N C-C C-R Additional Regulations
Personal Services P P P
Personal Services, Restricted - MUP MUP Section 18.60.170 Restaurants P P P
Retail Establishments
General, Small Format P P P
General, Medium Format - MUP MUP
General, Large Format - CUP CUP
Smoke Shops - CUP CUP
Smoking Lounges - MUP CUP Chapter 8.37
Veterinary Facilities - MUP P
Vehicle Oriented Uses
Car Wash and Detailing
Facilities, Full-Service - CUP MUP
Car Wash and Detailing
Facilities, Self-Service - MUP P
Mobile Fueling Delivery P P P
Vehicle Service Stations - MUP CUP Section 18.60.220
Vehicle Rental Facilities, General - CUP MUP
Vehicle Rental Facilities, Limited - P P
Vehicle Rental Facilities, Office
Only P P P
Vehicle Sales Facilities, General - - CUP Section 18.60.210 Vehicle Sales Facilities,
Wholesale
- CUP CUP Section 18.60.210
Vehicle Repair Facilities, Minor - - P Section 18.60.200 Vehicle Repair Facilities, Major - CUP CUP Section 18.60.200 Vehicle Parts Sales - P P
Industrial, Manufacturing, and Processing Uses
Personal Storage Facilities - - CUP
Printing and Publishing Facilities - P P
Wineries, Distilleries, Breweries,
and Micro-Breweries - MUP MUP
Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC MU-CC MU-RC MU-VHD Additional Regulations
Residential Uses
Caretaker Housing CUP - - P Section 18.60.060
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 14 of 28 Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC MU-CC MU-RC MU-VHD Additional Regulations
Dwelling, Multifamily P P P P
Employee Housing P - - -
Home Occupations P P P P Section 18.60.120
Live-Work P P P P Section 18.60.130
Single-Room
Occupancy (SRO)
Facilities - P P -
Supportive Housing P P P P
Transitional Housing - - - P
Human Services Uses
Assisted Living
Facilities - CUP - CUP Section 18.60.080
Child Day Care
Facilities P P P P Section 18.60.070
Community Care
Facilities CUP CUP - CUP
Residential Care
Facilities, six or fewer
residents

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

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

MUP P P CUP
Commercial
Recreation Facilities,
Outdoor
- - - P
Fitness Facilities P P P P
Libraries P P - P
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 15 of 28 Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC MU-CC MU-RC MU-VHD Additional Regulations
Museums P P P P
Parks and Public
Plazas P P P P
Places of Assembly MUPP CUPP CUPP P
Public Schools P P P P
Private Schools CUP CUP CUP CUP
Public/Private Colleges
and Universities P P P P
Theaters and
Auditoriums P P P P
Vocational/Trade
Schools
Specialized Education
and Training
- P P P
Utility, Transportation, and Communication Uses
Broadcasting and
Recording Studios - - - P
Park and Ride
Facilities P P P -
Parking Structures
Facilities MUP MUP MUP P Section 18.14.040 (I)
Public Safety Facilities P P P P
Wireless
Telecommunications
Facilities and Towers,
Co-location/Small Cell
P P P P Chapter 18.66
Wireless
Telecommunication
Facilities and Towers,
Minor (less than 70
feet)
MUP MUP MUP MUP Chapter 18.66
Wireless
Telecommunication
Facilities and Towers,
Major (70 feet or
higher)
- CUP CUP CUP Chapter 18.66
Transit Stations and
Terminals P P P CUP
Utility Facilities and
Infrastructure CUP CUP CUP CUP Section 18.14.040 (M)
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 16 of 28 Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC MU-CC MU-RC MU-VHD Additional Regulations
Photovoltaic Systems P P P P
Retail, Service, and Office Uses
Alcoholic Beverage
Sales and Service P P P P Section 18.60.040
Animal Sales and
Grooming Facilities P P P P
Banks and Financial
Establishments,
General

P P P P
Banks and Financial
Establishments, Standalone ATMP P P P
Bars CUP CUP CUP CUP
Bed and Breakfast Inns - - - CUP
Business Support
Centers P P MUP P
Drive-in/Drive-through
Establishments CUP - - CUP Section 18.60.100
Equipment Sales and
Rentals - - - P
Garden Centers/Plant
Nurseries - - - P
Hotels and Motels P P P CUP Section 18.14.040 (O)(2)
Kennels MUP MUP - -
Live Entertainment,
Incidental P P P P
Live Entertainment,
Standalone MUP/CUP MUP/CUP MUP/CUP MUP/CUP Section 18.14.040 (K) Maintenance and
Repair Services P P P P
Medical Services,
General P P P P
Mobile Food Vendors P/MUP P/MUP P/MUP P/MUP 18.60.280
Nightclubs CUP - CUP CUP
Offices P P P P
Outdoor Dining and
Seating MUP MUP MUP MUP Section 18.60.140
Outdoor Displays and
Sales CUP CUP CUP CUP Section 18.60.150
Personal Services P P P P
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 17 of 28 Table 2-11
Mixed Use Zones Allowed Uses and Permit Requirements
Mixed Use Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.114)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

MU-NC MU-CC MU-RC MU-VHD Additional Regulations
Personal Services,
Restricted MUP MUP MUP MUP Section 18.60.170
Restaurants P P P P
Retail Establishments:

General, Small
Format P P P P
General, Medium
Format P MUP P MUP
General, Large
Format CUP - CUP CUP
Smoke Shops - CUP CUP -
Veterinary Facilities P P P MUP
Vehicle Oriented Uses
Vehicle Service
Stations - CUP CUP -
Vehicle Rental
Facilities, Limited MUP - - -
Vehicle Rental
Facilities, Office Only P - - -
Vehicle Repair
Facilities, Minor MUP - - - Section 18.60.200
Industrial, Manufacturing, and Processing Uses
Printing and Publishing
Facilities P P P P
Wineries, Distilleries,
Breweries, and MicroBreweries MUP MUP MUP MUP
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 18 of 28 Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD HO-RD LI HI Additional
Regulations
Residential Uses
Caretaker Housing CUP CUP CUP CUP Section 18.60.060
Transitional Housing Facilities - - MUP -
Human Services Uses
Community Care Facilities MUP - - -
Low-barrier Navigation Centers - - MUP -
Emergency Shelters - - MUP - Section 18.60.110
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - - CUP CUP
Places of Assembly MUP MUP - -
Required to be located in
a General Plan Exception
Area
Commercial Recreation
Facilities, Indoor MUP MUP - -
Required to be located in
a General Plan Exception
Area
Commercial Recreation
Facilities, Outdoor MUP MUP - -
Required to be located in
a General Plan Exception
Area
Commercial recreation
Facilities, Outdoor Ancillary P P - -
Crematories - - CUP CUP
Fitness Facilities P P - -
Parks and Public Plazas P P P P
Public Schools P - - -
Private Schools CUP - - -
Public/Private Colleges and
Universities CUP - - -
Equipment/Machine/Vehicle
Training Facilities CUP CUP P -
Vocational/Trade Schools CUP - -CUP -
Utility, Transportation, and Communication Uses
Broadcasting and Recording
Studios P - - -
Fuel Storage and Distribution
Centers - - - CUP
Park and Ride Facilities P P P P
Parking Facilities CUP CUP CUP CUP
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 19 of 28 Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD HO-RD LI HI Additional
Regulations
Wireless Telecommunications
Facilities and Towers, Colocation/Small CellP P P P Chapter 18.66 Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP MUP MUP Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major
(70 feet or higher)
CUP CUP CUP CUP Chapter 18.66
Transit Stations and Terminals P P P P
Utility Facilities and
Infrastructure CUP CUP CUP CUP
Electric Power Plants MUP MUP MUP MUP Section 18.60.260 Diesel Back-up Generators P P P P Section 18.60.260
Water Wells MUP MUP MUP MUP
Photovoltaic Systems P P P P
Fuel Cells P P P P
Retail, Service, and Office Uses
Ambulance Services P P P -
Banks and Financial
Establishments, General P P - -
Banks and Financial
Establishments, Stand-alone
ATM

P P - -
Business Support Centers P P P P
Call Centers P P CUP -
Data Centers CUP CUP CUP CUP Section 18.60.090
Data Centers, Ancillary P P P Section 18.60.090
Hotels and Motels P P CUP CUP
Kennels P - P -
Maintenance and Repair
Services P P P -
Medical Services, General P P - -
Mobile Food Vendors P/MUP P/MUP P/MUP P/MUP 18.60.280
Offices P P - -
Outdoor Dining and Seating
(Ancillary) P P CUP - Section 18.16.040(B)Section 18.60.140 Personal Services (Ancillary) P P - - Section 18.16.040(B) Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 20 of 28 Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD HO-RD LI HI Additional
Regulations
Restaurants (Ancillary) P P MUP MUP Section 18.16.040(B) Retail Establishments
(Ancillary) P P P P Section 18.16.040(B)
Vehicle Oriented Uses
Mobile Fueling Delivery P P P P
Transit Services and Dispatch MUP - MUP MUP
Vehicle Service Stations - - - CUP Section 18.60.220
Vehicle Rental, General MUP - P -
Vehicle Repair Facilities, Minor - - P - Section 18.60.200 Vehicle Repair Facilities, Major - - CUP P Section 18.60.200 Vehicle Storage Facilities Yard MUP P MUP P
Vehicle Dismantling Facilities - - - CUP
Vehicle Impound Facility - - - CUP
Industrial, Manufacturing, and Processing Uses
Freight Yards/Truck Terminals - - CUP CUP
Hazardous Material Storage
Facilities - - - CUP
Equipment Sales and Rental
Facilities P P P P
Industrial, Minor P P P P
Industrial, Major - - CUP P
Outdoor Storage, no on-site
building - - CUP MUP
Section 18.16.040.

C.3.e.(4), C.4.c
Section 18.60.160
Laundry and Dry-Cleaning
Plants - - P P
Printing and Publishing
Facilities P P P P
Recycling Facilities
Reverse Vending and
Collection Boxes - - P P Section 18.60.180
Collection Small - - P P Section 18.60.180
Collection, Processing, and
Transfer - - MUP MUP Section 18.60.180
Research and Development
Facilities P P P P
Storage
Personal Storage Facilities CUP - CUP -
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 21 of 28 Table 2-14
Office and Industrial Zones
Allowed Uses and Permit Requirements
Office and Industrial Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.114)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

LO-RD HO-RD LI HI Additional
Regulations
Warehouse P P P P
Wholesaling and Distribution
Centers - CUP P P
Table 2-17
Special Purpose Zones Allowed Uses and Permit Requirements Special Purpose Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

OS PQP Additional Regulations
Residential Uses
Supportive Housing Facilities - CUP
Transitional Housing Facilities - CUP
Human Services Uses
Child Day Care Facilities - MUP Section 18.60.070
Community Care Facilities - MUP
Low-barrier Navigation Centers - MUP
Emergency Shelters - MUP Section 18.60.110
Medical Services, Hospitals - CUP 18.18.040 (C)
Medical Services, General - P
Recreation, Education, and Public Assembly Uses
Cemeteries and Mausoleums - CUP
Community Gardens MUP P Section 18.18.040
Libraries P P
Museums - P
Parks and Public Plazas P P
Commercial Recreation
Facilities, Outdoor P CUP Section 18.18.040(B)
Places of Assembly - CUP
Public Schools - P
Private Schools - CUP
Public/Private Colleges and
Universities - CUP 18.18.040 (C)
Theaters and Auditoriums - CUP
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 22 of 28 Table 2-17
Special Purpose Zones Allowed Uses and Permit Requirements Special Purpose Zones
Permit Requirements
P
MUP
CUP
TUP
-
Allowed by Right
Minor Use Permit (Chapter 18.124)
Conditional Use Permit (Chapter 18.124)
Temporary Use Permit (Chapter 18.122)
Not allowed
Land Use
(see Article 8 for land use
definitions).

OS PQP Additional Regulations
Vehicle Oriented Uses
Mobile Fueling Delivery - P
Utility, Transportation, and Communication Uses
Public Safety Facilities - P
Wireless Telecommunications
Facilities and Towers, Colocation- P Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Minor
(less than 70 feet)
MUP MUP Chapter 18.66
Wireless Telecommunication
Facilities and Towers, Major
(70 feet or higher)
- CUP Chapter 18.66
Transit Stations and Terminals - P
Utility Facilities and
Infrastructure CUP CUP
Electric Power Plants - MUP Section 18.60.260
Diesel Back-up Generators - MUP Section 18.60.260
Water Wells - MUP
Photovoltaic Systems - P
Fuel Cells - P
Retail, Service, and Office Uses
Mobile Food Vendors - P/MUP 18.60.280
Offices - P
Outdoor Dining and Seating - MUP
Retail Establishments, Ancillary - MUP
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 23 of 28 Table 2-18
Special Purpose Zone Development Standards
Development Feature
(minimum unless otherwise
indicated)
OS PQP Additional Regulations
Setbacks (minimum) -Property lines are measured in feet, with those adjacent to the street measured from the face of the curb., adopted plan line, or edge of right-of-way.

See Code Section 18.30.050 for setback measurement standards and methods.

Front 10 10
Side, Corner 10 10
Side, Interior 10 10
Rear 10 10
Height (maximum) measured in feet
Height (within 20 feet of the
R1 and R2 zones) 25 32
Height (all other zones) 32 60 18.18.040 (C)
Maximum Number of Stories 2 6 18.18.040 (C)
Additional Regulations
Fences, Walls, Hedges, and
Screens Chapter 18.34
Landscaping Standards Chapter 18.36
Open Space Standards City Code Chapter 17.35
Off-Street Parking
Regulations and Design
Standards
Chapter 18.38
Performance Standards Chapter 18.40
Sign Standards Chapter 18.42
Solid Waste Enclosures Section18.30.060
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 24 of 28 Table 3-4
Bicycle Parking Requirements
Use For Residents/Employees For Visitors/Customers
Residential (such as
apartments and
condominiums, with a common
parking area)
Minimum: 1 per unit
In Class 1 bike rooms:
1 electrical outlet per 10 bicycle
parking spaces
All Class 1 bike rooms are also
required to have a bike repair
station, with a repair stand,
pump, and tools for
maintenance.

Minimum: 1 per 20 units,
provided within 200’ of the
primary building entrance
Schools
• Elementary schools
• Middle schools
• High schools
• Colleges - Student
residences
• Academic buildings and
other university facilities
Minimum: 1 per 20 employees
Minimum: 1 per 20 employees
Minimum: 1 per 20 employees
Minimum: 1 per 3 beds + 1 per
20 employees
Minimum: 1 per 10 employees +
1 per 10 student seats
Minimum: 1 per 10 students
(in secure area)
Minimum: 1 per 8 students (in
secure area)
Minimum: 1 per 6 students (in
secure area)
Minimum: 4 per building
entrance
Minimum: 1 per 8 student
seats
Parking Garages not
associated with specific land
use type(s)
Minimum: 5% of auto parking
Goal: Provide 25% of groundfloor auto parking space to secure bicycle parking
Minimum: 5% of Auto Parking
Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 25 of 28 Table 3-4
Bicycle Parking Requirements
Use Required Long- Term
Spaces
Required Short- Term
Retail Sales/Shopping
Center/Financial
Institutions/Supermarkets
Minimum: 1 per 20 employees Minimum: 1 per 4,000 sq. ft.

Office Buildings/Offices Minimum: 1 per 4,000 sq. ft. Minimum: 4 per building entrance
Hotels/Motels/Bed -&-
Breakfasts
Minimum: 1 per 20 rooms + 1
per 20 employees
Minimum: 1 per 20 rooms
Hospitals Minimum: 1 per 20 employees Minimum: 1 per 45 beds Restaurants Minimum: 1 per 20 employees Minimum: 1 per 800 sq. ft. of dining space
Industrial Minimum: 1 per 20 employees
OR per 10,000 sq. ft.

Minimum: 1 per 5,000 sq. ft.

Day Care Facilities Minimum: 1 per 20 employees Minimum: 1 per 40 children Auto-Oriented Services Minimum: 1 per 20 employees --
Amphitheaters or Event
Centers
Minimum: 1 per 20 employees Minimum: 1 per 500 seats
Other Uses Same as most similar use listed Same as most similar use listed
Notes.
• The minimum number of required long-term bicycle parking spaces is 4, except when the code would require 1 or less, in which case, 2 bicycle spaces must be provided. • Employees = maximum number of employees on duty at any one time.

Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 26 of 28 Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones Allowed Sign
Types
Maximum Number Maximum Sign
Area
Maximum Sign
Height
Notes
Freestanding Signs
Sites with up to
150 lineal ft of
structure frontage
1 per primary
structure frontage
1 square foot for
each linear foot of
primary structure
frontage
Freestanding
Signs- 12 ft
Sites with up to
150 lineal ft of
structure frontage
Sites with over
150 lineal ft of
structure frontage
1 per primary
structure frontage
1 square foot for
each linear foot of
primary structure
frontage Freestanding
Signs- 12 20 ft

18.42.120
May be used in
combination with
allowed structure
signs.
1 per secondary
structure frontage
Max 50 percent of
area of primary
sign
Structure Signs
Canopy Two per canopy if
both are not
visible at the same
time.

N/A Minimum of one
foot below the top
of the parapet; the
sill of a secondfloor window; or
the lowest point of
any cornice or roof
overhang,
whichever is
applicable.

18.42.120(A)
May be used in
combination with
allowed structure
signs.

Primary Frontage
Awning/Canopy
One sign per
awning
N/A Minimum of one
foot below the top
of the parapet; the
sill of a secondfloor window; or
the lowest point of
any cornice or roof
overhang,
whichever is
applicable.

18.42.120(A)
May be used in
combination with
allowed structure
signs.

Two per canopy if
both are not
visible at the same
time.

Projecting Signs One projecting
sign per
establishment
8 sq ft N/A 18.42.120(J)
May be used in
combination with
allowed structure
signs.

Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 27 of 28 Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones Allowed Sign
Types
Maximum Number Maximum Sign
Area
Maximum Sign
Height
Notes
Painted or Wall
Signs
One wall sign per
primary frontage
32 sq ft; or one
square foot per
lineal foot of
structure frontage,
whichever is
greater, up to a
maximum sign
area of 150 sq ft N/A

18.42.120(H) and
(K)
May be used in
combination with
allowed structure
signs.

Total area of all
primary and
accessory wall
signs not to
exceed 150 sq ft
One accessory
wall sign per
establishment for
a structure with a
gross leasable
area of over
10,000 sq ft
Area of all
accessory wall
signs not to
exceed area of
primary wall signs
Secondary Frontage
Awning/Canopy
Signs
One sign per
awning
N/A Minimum of one
foot below the top
of the parapet; the
sill of a secondfloor window; or
the lowest point of
any cornice or roof
overhang,
whichever is
applicable.

18.42.120(A)
Two per canopy if
both are not
visible at the same
time.

Projecting Signs One projecting
sign per
establishment
4 sq ft 18.42.120(J)
Painted or Wall
Signs
One additional
wall sign per
establishment with
a gross leasable
area of 10,000 sq
feet or greater with
a public side street
32 sq ft; or one
square foot per
lineal foot of
structure frontage,
whichever is
greater, up to a
maximum sign are
of 100 sq ft

18.42.120(H) and
(K)
Total area of all
primary and
accessory wall
signs not to
exceed 150 sq ft
One wall sign per
secondary
frontage for
structures with
less than 10,00 sq
ft of gross
leasable area
50 percent of sign
area allowed for
primary frontage
total for any
combination of
structure signs.

Other Signs (also see Sections 18.42.150, and 170)
Subdivision Entry
Signs
See Subsection 18.42.120(B) (Standards for Specific Sign Types) Directional and
Directory Signs
See Subsection 18.42.120(C) (Standards for Specific Sign Types) Zoning Code Cleanup #3 Amended Tables – 4/22/2026 Page 28 of 28 Table 3-9
Signs Allowed in Commercial, Mixed-Use, Office, and Industrial Zones Allowed Sign
Types
Maximum Number Maximum Sign
Area
Maximum Sign
Height
Notes
Electronic Digital
Display Message
Signs
See Subsection 18.42.120(D) (Standards for Specific Sign Types) Freeway- and
ExpresswayOriented Signs
See Subsection 18.42.120(F) (Standards for Specific Sign Types) Iconic Signs See Subsection 18.42.130 (Iconic Signs)
Luminous Tube
Signs (neon)
See Subsection 18.42.120(G) (Standards for Specific Sign Types) Price and Menu
Boards
See Subsection 18.42.120(I) (Standards for Specific Sign Types) Temporary Signs See Section 18.42.100 (Temporary Signs) Window Signs See Subsection 18.42.120(L) (Standards for Specific Sign Types) City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
26-835 Agenda Date: 9/15/2026

REPORT TO STADIUM AUTHORITY BOARD

SUBJECT
Action on Stadium Authority Bills and Claims for the Month of July 2026

BACKGROUND
Disbursements made by the Stadium Authority are based on invoices submitted for payment. Prior to payment, staff reviews all disbursement documents to ensure that the invoiced goods or services have been provided.

The Bills and Claims listing represents the cash disbursements required of normal and usual operations during July 2026. Budget control is set by the Stadium Authority Board through the budget adoption process.

DISCUSSION
At its March 10, 2026 meeting, the Stadium Authority Board adopted the Santa Clara Stadium Authority Fiscal Year 2026-27 Operating, Debt Service, and Capital Budget which runs from April 1, 2026 to March 31, 2027. Significant expenditures (greater than $5,000) paid in July 2026 include:
· Payments totaling $5,286,306.22 to the City of Santa Clara for the following:
o $304,225.30 for reimbursement of General and Administrative (G&A) City payroll costs (e.g., Executive Director’s Office (City Manager’s Office), Stadium Authority Counsel’s Office (City Attorney’s Office), and Treasurer’s Office (Finance Department)) o $441,479.42 for reimbursement of Celebrate Santa Clara Event Costs o $3,540,601.50 for FY2025-26 Performance Based Rent
o $1,000,000.00 for Ground Lease Rent (Year 13)
· Payment totaling $56,105.64 to EyeP Solutions Inc. for Capital Expense (CapEx) Project:

Security General Allowance
· Payment totaling $2,450,970.17 to Forty Niners SC Stadium Company, LLC for FY 2025-26 NFL Public Safety Costs Over Threshold
· Payment totaling $3,926,448.91 to Forty Niners Stadium Management Company, LLC for July 2026 Stadium Manager Expenses, inclusive of Shared Stadium Expenses · Payment totaling $12,234.15 for Legal Services (June 2026) · Payment totaling $55,598.17 to Mesa Energy for CapEx Project: Plumbing Boilers · Payment totaling $96,662.50 to SCC Electric Inc. for CapEx Project: Radio Booth Cabling - Phase I
Names of law firms have been redacted from the Bills and Claims report. The Supreme Court of California in Los Angeles County Board of Supervisors v. Superior Court, (2016) 2 Cal.5th 282, held that invoices specifying the amounts billed by a law firm to a client fall within the scope of attorneyCity of Santa Clara Page 1 of 2 Printed on 9/10/2026 powered by Legistar™
26-835 Agenda Date: 9/15/2026
client privilege while the matters are active. In accordance with the Supreme Court’s ruling, the names of law firms retained by the Stadium Authority, and the specific amounts billed by each, have been redacted from the public report to maintain the confidentiality of billing records for specific legal services. The aggregate amount spent on legal services in the subject time period has been provided.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15378(b)(4) of Title 14 of the California Code of Regulations in that it is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment.

FISCAL IMPACT
The fiscal impact to the Stadium Authority is $11,884,325.76.

COORDINATION
This report has been coordinated with the Executive Director and Stadium Authority Counsel’s Offices.

RECOMMENDATION
Approve the list of Stadium Authority Bills and Claims for July 2026.

Reviewed by: Linh Lam, Acting Treasurer
Approved by: Jovan D. Grogan, Executive Director

ATTACHMENTS

1. July 2026 Stadium Authority Bills and Claims
City of Santa Clara Page 2 of 2 Printed on 9/10/2026
powered by Legistar™
Payment Date Vendor Invoice No. Description Fund Amount 07/02/26 City of Santa Clara N/A B2613 SCSA Admin Payroll Costs Operating $ 119,717.95 07/20/26 City of Santa Clara N/A B2614 SCSA Admin Payroll Costs Operating 114,701.30 07/30/26 City of Santa Clara N/A B2615 SCSA Admin Payroll Costs Operating 69,806.05 07/31/26 City of Santa Clara 98766 Celebrate Santa Clara Event Costs Operating 441,479.42 07/27/25 City of Santa Clara 98671 FY 2025-26 Performance Based Rent Operating 3,540,601.50 07/20/26 City of Santa Clara 98735 Ground Lease Rent (Year 13) Operating 1,000,000.00 $ 5,286,306.22
07/20/26 EyeP-Solutions Inc. 26-168 CapEx Project: Security General Allowance CapEx 56,105.64 07/07/26 Forty Niners SC Stadium Company, LLC N/A FY 2025-26 NFL Public Safety Costs Over Threshold Operating 2,450,970.17 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Engineering Operating 302,745.80 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Groundskeeping Operating 61,882.32 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Guest Services Operating 40,891.45 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Insurance Operating 2,395,253.51 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Other General & Administrative Operating 91,416.64 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Stadium Builder License Sales & Service Operating 205,667.19 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Security Operating 199,137.83 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Use of StadCo Tenant Improvements Operating 7,690.20 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Stadium Operations Operating 310,429.67 07/01/26 Forty Niners Stadium Management Co, LLC S-INV103041 July 2026 Stadium Manager Expenses - Utilities Operating 311,334.30 3,926,448.91
07/31/26 1561545 June 2026 Legal Services Operating
07/31/26 1561544 June 2026 Legal Services Operating
12,234.15
07/16/26 Mesa Energy 4001839C-003 CapEx Project: Plumbing Boilers CapEx 55,598.17 07/24/26 SCC Electric Inc. Application 2 CapEx Project: Radio Booth Cabling - Phase I CapEx 96,662.50 July 2026 Total $ 11,884,325.76
Santa Clara Stadium Authority
Bills and Claims
Expenses Paid by Wire or ACH Transfer
For the Month of July 2026

Page 1 of 1 ends

City Council and Authorities ConcurrentSeptember 15, 2026

City Council and Authorities Concurrent
September 15, 2026