REPORT TO CITY COUNCIL
SUBJECT
Title
Action on a Resolution Approving with Conditions an Application for an Amplified Sound Permit
Report
BACKGROUND
Santa Clara City Code Section 9.05.060 (“Amplified Sound”) states, in relevant part:
(b) Permit Required…
(2) Outdoor Amplification of Sound Other than Music. Except in accordance with the terms and conditions of a valid permit issued pursuant to this section, it shall be unlawful for any person to operate any sound system outdoors, to cause amplified sound to be projected outside of any building, or to cause amplified sound to be projected from any vehicle in the City for a period of more than five minutes in any one day for any purpose.
(c) Application for Permit. The application for an amplified sound permit shall meet each of the following requirements:
(1) The application shall be signed by the person applying for the permit and by a person with control of the premises (if that person is different from the person applying for the permit). Each person signing the application must be over the age of eighteen (18).
(2) The application shall be accompanied by the nonrefundable application fee, set forth in the City's fee schedule, established by City Council resolution. No fee is required for applications for City-sponsored events conducted on City-owned property.
(d) Consideration of Permit Application. Except as provided in this subsection, all applications shall be referred to the City Council for consideration. The City Manager, or designee, may issue a permit for the activities identified in subsection (b) of this section in the following circumstances:
(1) The amplification location is the City's Central Park or the Santa Clara University campus; or
(2) The amplification location is a private residence that has had no police-verified disturbances during the prior year (as measured from July 1st to June 30th of the following year). The permit issued shall limit the amplification of sound to the hours between 9:00 A.M. and 10:00 P.M.; or
(3) The amplification location is City-owned property and the application is for a City-sponsored event.
The City has received an application for an amplified sound permit (Attachment 1) from SFOI.org, which is an organization planning to be present in public areas surrounding Levi’s Stadium during the Super Bowl LX event, to engage in free speech activities using amplification equipment. Such use at the proposed location(s) does not fall within the three categories of activity delegated to the City Manager (or designee) for administrative approval under the City Code. Therefore, the permit application is brought before the City Council for consideration.
DISCUSSION
Members of the public are entitled to exercise their First Amendment free speech rights in traditional public forums such as sidewalks, and may use electronics such as amplifiers while doing so. However, the City may require adherence to certain reasonable and content-neutral time-place-manner standards directly affecting those rights, in support of a substantial governmental interest.
Unlike regular season NFL games or non-NFL events such as concerts (at which First Amendment activity has historically been minimal), the Super Bowl is anticipated to draw numerous individuals and groups of varying sizes who wish to engage in free speech activities. The presence of numerous groups of non-ticketed persons lingering in the public rights-of-way, potentially with noise amplifying equipment, close to the event venue raises substantial public safety concerns related to, among other things, the following issues:
• Ensuring the safety of event attendees, the ticketing checkpoints, and the venue/event itself,
• Ensuring that event attendees can safely and efficiently access or pass through ticketing checkpoints,
• Preventing congestion and ensuring free flow of pedestrian traffic on the public rights-of-way,
• Ensuring safe ADA access on the public rights-of-way,
• Ensuring traffic safety by and between the speakers/groups and vehicle passengers or bicyclists,
• Preserving the peace as between or amongst groups of speakers,
• Ensuring that emergency response personnel including Police and Fire personnel can hear and respond to requests for assistance, and
• Ensuring that emergency response personnel can effectively communicate with one another.
To address these concerns, the City will establish free speech zones, upon Great America Parkway to the west of the Stadium and Tasman Drive to the east of the Stadium. These zones will be just outside the ticketing checkpoints on those two major thoroughfares leading to the venue. Access to each of the zones would generally be allocated on a first-come, first-served, basis. The City has posted on its website the details of the road closures, and corresponding vehicle and pedestrian (sidewalk) detours, in the surrounding area during the time period leading up to the Super Bowl, and for the day of the event itself. Information related to the specific location of the zones will also be made public.
Within the established zones, individuals and groups are free to engage in their chosen form of expression, limited by the safety interests outlined above. The applicant has indicated that their expected attendance is 30-40 people, broken up into “teams” of 8-10 people. Accordingly, the limitations proposed with regard to the amplification of sound are as follows: the applicant shall use one amplification device per team, the applicant shall use the amplification device within the free speech zone, and the amplification “volume” of each device shall be no more than 65 decibels (the noise limitation set forth for the commercial/office zone pursuant to SCCC 9.10.040).
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
This is a private party application not governed by the League Event Agreement with the BAHC. Staff time expended in preparation of this item is expected to be reimbursed by the Stadium Authority.
COORDINATION
This report has been coordinated between the Police Department and City Attorney’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt the Resolution Approving with Conditions the Application of SFOI.org for an Amplified Sound Permit for February 8, 2026, from 9:00am to 10:00pm, In Public Areas Surrounding Levi’s Stadium
Staff
Reviewed by: Cory Morgan, Chief of Police
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Application for Amplified Sound Permit from SFOI.org
2. Resolution