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Home My WebLink AboutItem 5.06 - San Antonio Center - 455 San Antonio RoadRECOMMENDATION )A: June 14, 2011 C • 6 ORY: Public Hearing Community Development TITLE: San Antonio Center -455 San Antonio Road 1. Adopt A RESOLUTION CERTIFYING THE SAN ANTONIO CENTER FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND STATEMENT OF OVERRIDING CONSIDERATIONS (Attachment 1 to the staff report), to be read in title only, further reading waived. 2. Adopt A RESOLUTION APPROVING AMENDMENTS TO THE SAN ANTONIO CENTER PRECISE PLAN P(9) TO ALLOW 88,000 SQUARE FEET OF ADDITIONAL COMMERCIAL AREA AND UP TO 350 RESIDENTIAL UNITS (Attachment 2 to the staff report), to be read in title only, further reading waived. 3. Adopt A RESOLUTION CONDITIONALLY APPROVING THE PLANNED COMMUNITY PERMIT AND HERITAGE TREE REMOVAL PERMIT FOR 88,000 SQUARE FEET OF NEW RETAIL AREA AND UP TO 350 RESIDENTIAL UNITS (Attachment 3 to the staff report), to be read in title only, further reading waived. 4. Introduce AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR THE SAN ANTONIO CENTER PROJECT AT 455 SAN ANTONIO ROAD (Attachment 4 to the staff report), to be read in title only, further reading waived, and set second reading for June 28, 2011. FISCAL IMPACT The proposed development is estimated to generate an additional $1.2 million in sales tax and property tax for the General Fund. The park in -lieu fee is approximately $5.5 million for 350 residential units. As part of the Development Agreement, the applicant is requesting a 55 percent credit, which would reduce the estimated park in -lieu fee payment to $2.5 million. Approximately $180,000 in housing impact fees is required for the net new retail building area. As part of the Development Agreement, 10 BMR units would be provided in the project, which would address any potential future rental housing impact fee. AGENDA: June 14, 2011 PAGE: 2 BACKGROUND AND ANALYSIS On April 26, 2011, the City Council reviewed the San Antonio Shopping Center project, consisting of: (1) Precise Plan Amendments; (2) Development Project; and (3) Environmental Impact Report (see Attachment 7 —Staff Report and Attachments from April 26, 2011). The City Council received public input and continued the application, citing several concerns about the project design, including the sidewalk and building design along El Camino Real and San Antonio Road. The applicant has responded to these concerns and prepared a small packet of plans that will supplement the full set of plans reviewed at the April hearing (see Attachment 5— Updated Plan Set Sheets). Sheet A9.1 of the Updated Plan Set Sheets includes a list of the 13 changes that Merlone Geier made to the project site plan in response to Council, staff and public comments. The following section is a summary of the notable changes, referencing the numbers used in the exhibit: Rite Aid Removed, "Shops F" Added (1). At the April 26 hearing, Merlone Geier stated that the Rite Aid building would be removed. Updated plans show a new multi- tenant building (referred to as "Shops F") placed along El Camino Real with the end units designed to have storefronts and entrances oriented to the street. The central tenant spaces do not have storefronts or entrances along the street. The architectural design of this building is similar to the buildings at the corner of El Camino Real and San Antonio Road. This change is a significant improvement from the previous plan, which had a parking lot to serve Rite Aid along El Camino Real and a drive - through pharmacy window visible from the street. El Camino Real Sidewalk (2). Councilmembers directed the applicant to widen the sidewalk and consider a separated sidewalk. The sidewalk design along El Camino Real has been upgraded from a 10' monolithic sidewalk to a 12' sidewalk with a 6' planter strip, which will provide a more comfortable walking environment. This sidewalk design has been added to the Precise Plan requirements. Street Corner Plaza Wall (3). Councilmembers stated that the 5' tall plaza wall should be reduced in height at the corner of El Camino Real and San Antonio Road. The wall buffering the plaza from the street has been reduced to 3', which will improve the visibility of this plaza area. Narrowing the Safeway Parking Lot (4). The width of the Safeway parking lot has been a concern of the DRC, EPC and Council throughout the review process. As part of this revision, Merlone Geier widened the "Shops B" building by about 20', which slightly narrows the Safeway parking lot frontage on San Antonio Road. AGENDA: June 14, 2011 PAGE: 3 • Street Grid (5 and 6). The driveways nearest the corner of El Camino Real and San Antonio Road have been modified so that parked cars will not back out onto these drive- ways, reducing the number of pedestrian and vehicle conflict areas and strengthening the sense of a street grid. • Plaza Retained (7). The prior plan had a plaza in front of the Rite Aid building. The Rite Aid building was removed, but the plaza was retained. • San Antonio Road Sidewalk (9). The sidewalk design along San Antonio Road has been upgraded from an 8' sidewalk with a 6' planter strip to a 10' sidewalk with a 6' planter strip, which will provide a more comfortable walking environment. This sidewalk design has been added to the Precise Plan requirements. • Storm Water Treatment (10). A Councilmember encouraged the applicant to consider permeable paving in the parking lot adjacent to landscaping areas that runoff is being directed to. Merlone Geier added a strip of porous concrete along the parking spaces adjacent to San Antonio Road. This will allow for some of the runoff to be absorbed into the ground before reaching the bioswale in the landscaping area. Bicycle /Pedestrian Connection between Fayette Drive and Main Street (11). The sidewalk design between Fayette Drive and Main Street is intended to accommodate two -way traffic for bicycles and pedestrians. Normally, bicycles are not permitted to ride in the opposite direction as vehicular traffic, but in order to provide a connected bicycle path from Fayette Drive to the Main Street, a special design is necessary. A 12' wide shared bicycle/ pedestrian trail is proposed (see Attachment 5— Updated Plan Set Sheets, Sheet L5). The final design of this path is not approved, and the final width and layout will be subject to the approval of the Public Works Director. Main Street Width (13). Councilmembers encouraged the applicant to find ways to increase the size of the green. By narrowing the travel lane of the Main Street from 24' to the minimum 20' required by the Fire Department, the green is widened from 90' to 98'. The following reflect other changes made by Merlone Geier that are not reflected on Sheet A9.1 of the Updated Plan Set Sheets (see Attachment 5): Storefronts and Entrances. Councilmembers stated a preference for storefronts and entrances along the public streets instead of the back side of tenant spaces, but did not want to make it a mandatory requirement. The applicant has agreed to a condition that they will consider more storefronts and entrances along the public streets, where feasible for tenants and topography. Corner Buildings: A Councilmember raised a concern with the design of the plaza area near the corner of El Camino Real and San Antonio Road, specifically how the special AGENDA: June 14, 2011 PAGE: 4 paving pattern extended into the parking lot. The special paving in the parking lot was removed to clarify the transition from the pedestrian area to the vehicular area. Mixed -Use Buildings: The applicant has agreed to work with staff to address the project conditions requiring additional details and relief for the large wall planes on portions of the residential buildings. The following items were discussed by Councilmembers, but did not result in changes to the plan: Driveways. Councilmembers suggested removing one of the two driveways into the Safeway parking lot from San Antonio Road. Merlone Geier states that the two driveways are critical for tenants and vehicular circulation in the Safeway parking lot. Main Street. Councilmembers inquired if the Main Street could be redesigned to eliminate one of the one -way driveways and design a two -way driveway to take its place. Merlone Geier indicated that removing the driveway in front of the major retail building would make it very difficult to attract and lease the tenant spaces. Service Road: Councilmembers raised concerns about the appearance of the service roads along the eastern side of the property. Service roads are necessary for develop- ments of this scale to keep loading, delivery, garbage and recycling facilities, and utility rooms from being visible in a development. The proposed design has relatively attractive service roads with well- treated building frontages and trees present where feasible. Street Corner Curb Radius. Councilmembers encouraged the tightening of the curb radius at the corner of El Camino Real and San Antonio Road. This work would require Caltrans approval. At this time, it is not known how much the radius could be reduced, and any change may involve adjustments to the rest of the intersection design that may be a significant cost. If the Council would like this issue explored further, it is recommended that a general condition of approval be added to the project that Merlone Geier study this further and that the Community Development Director and Public Works Director shall review these studies to determine the appropriate action. Fayette Drive Intersection. Councilmembers discussed the importance of making the Fayette Drive intersection at San Antonio Road as pedestrian- and bicycle - friendly as possible. The Final EIR did not find that any significant changes to this intersection were necessary; however, that does not prevent the City from having the applicant explore methods to improving the crossing. A condition of approval requires the project to pro- pose improvements to the intersection to improve pedestrian and bicycle friendliness, AGENDA: June 14, 2011 PAGE: 5 which may include a widened median refuge and associated restriping and signal timing, subject to the approval of the Community Development and Public Works Directors. Development Agreement An appellate court decision, Palmer /Sixth Street Properties L.P. v. City of Los Angeles, impacted the City's ability to enforce the Below- Market -Rate (BMR) Housing Program for residential rental developments (see Attachment 7 —Staff Report and Attachments from April 26, 2011, Page 14 of the staff report). At the April Council hearing, Merlone Geier voluntarily proposed 3 percent of the units (10 units) in the project as BMR units. Based on the direction of the City Attorney, a Development Agreement is the appropriate mechanism to enter into an agreement with the developer for BMR units. Merlone Geier applied for a Development Agreement with BMR units following the April hearing. An Administrative Zoning hearing was held on May 25, 2011 to consider the proposed terms (see Attachment 6— Zoning Administrator Minutes for May 25, 2011 and public comments): BMR Term: 10 units at 80 percent AMI --) 10 units at 65 percent AMI This reflects Merlone Geier's voluntary offer of 3 percent of the units in the project as BMR units, which was introduced at the April 26 hearing. The current rental rates for the City show that typical apartments are considered affordable for households earning 80 percent AMI (annual median income). Therefore, BMR units at 80 percent AMI would not provide any meaningful benefit. Merlone Geier agreed to reduce the rents to 65 percent AMI, which reflects an increased subsidy by the applicant. This AMI is consistent with the Prometheus - Minton's Development Agreement (see Attachment 8 —Table of County Annual Median Incomes (AMI) and Rental Rates). Several members of the public attended and wrote letters requesting 10 percent of the units as BMR and a rental rate below 80 percent AMI. At the Administrative Zoning hearing, Merlone Geier introduced the revised 65 percent AMI terms, a change that the speakers supported, though speakers still preferred more than 10 BMR units. Park Credit Term: 95 percent credit —> 55 percent credit Merlone Geier originally requested a 95 percent park fee credit but eventually agreed to a 55 percent credit after reaching an acceptable conclusion on the BMR item. Speakers at the Administrative Zoning hearing supported a larger park fee credit if it meant more BMR units. AGENDA: June 14, 2011 PAGE: 6 The Zoning Administrator recommended approval of the proposed terms, citing that the voluntary offer of 10 BMR units is a public benefit that could not be otherwise required by the City and that the 55 percent park fee credit still provides the City with park in -lieu fees that can be used by the City to serve the greater San Antonio Center area which is identified in the 2008 Parks and Open Space Plan as being a neighborhood with park land deficiencies. CONCLUSION Merlone Geier made adjustments to the project to address several Council comments from April 26. Staff recommends approval of the revised project since it reflects improvement to the previous plan and would result in a significant improvement to the existing Center. The Precise Plan has been adjusted to require the perimeter sidewalk design for future projects in the Center (see Attachment 2— Resolution for the Precise Plan Amendment and Precise Plan Amendment). The Development Project conditions have been revised to reflect the changes made by Merlone Geier (see Attachment 3— Resolution for the Development Project and Findings Report). The Development Agreement provides for 10 BMR units at 65 percent AMI and a 55 percent park fee credit to the developer. The terms of the Development Agreement could not have any potential significant impact on the environment and, therefore, no change is necessary to the Final EIR (see Attachment 4— Ordinance for a Development Agreement and Development Agreement). PUBLIC NOTICING The agenda was posted, a notice was placed in the local newspaper, all property owners within a 1,000' radius of the project site and people on the interested parties list were notified AGENDA: June 14, 2011 PAGE: 7 of the public hearing. In addition, the meeting agenda and staff report were posted on the City's web site. Prepared by: Nanc Mimcucc�" i Y Senior Project Tanner I J� R, �114 Peter Gilli Zoning Administrator NM -PG /6 /CAM 887- 06- 14- 11M -EA Community Development Director , y (� 1i✓2 a, LL Melissa Stevenson Dile Interim City Manager Attachments: 1. Resolution for the Final EIR 2. Resolution for the Precise Plan Amendment and San Antonio Center Precise Plan 3. Resolution for the Development Project and Findings Report 4. Ordinance and Development Agreement 5. Updated Plan Set Sheets 6. Zoning Administrator Minutes for May 25, 2011 and Public Comments 7. Staff Report and Attachments from April 26, 2011 (includes Plan Set, Final FIR) 8. Table of County Annual Median Incomes (AMI) and Rental Rates Attachment 1 CITY OF MOUNTAIN VIEW RESOLUTION NO. SERIES 2011 A RESOLUTION CERTIFYING THE SAN ANTONIO CENTER FINAL ENVIRONMENTAL IMPACT REPORT (EIR) AND STATEMENT OF OVERRIDING CONSIDERATIONS WHEREAS, in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq., the City has prepared an EIR for the project; and WHEREAS, between July 28, 2010 and April 6, 2011, there were four Environmental Planning Commission and Zoning Administrator meetings to identify environmental issues and for the San Antonio Center Precise Plan amendments and project; and WHEREAS, on July 28, 2010, there was a public scoping session in Mountain View for the San Antonio Center Precise Plan amendments and project; and WHEREAS, the City of Mountain View prepared and circulated for public comment a Draft EIR; held public hearings on the Draft EIR before the Environmental Planning Commission on December 15, 2010; responded to written and oral comments on the Draft EIR; held public hearings on the Final EIR before the Environmental Planning Commission on June 30, 2010, before the Zoning Administrator on April 6, 2011, before the City Council on April 26, 2011; and gave all public notices in the manner and at the times required by law; and WHEREAS, the Final EIR, which includes the Draft EIR and Response to Comments Document for the San Antonio Center Precise Plan amendments and project, was presented to the City Council, and the City Council has reviewed the Final EIR on the proposed project and all associated staff reports, meeting minutes, testimony and evidence constituting the record of proceedings herein; and WHEREAS, the Final EIR identifies certain significant effects on the environment that would result from the implementation of the proposed project; and WHEREAS, the Final EIR identifies mitigation measures which, when implemented, will substantially lessen or avoid the significant effects on the environment caused by the proposed project, with the exception of the significant unavoidable air quality and global climate change impacts for which a Statement of Overriding Considerations has been adopted; and WHEREAS, a Statement of Overriding Considerations has been adopted, which finds that the benefits of the project outweigh the significant unavoidable air quality and global climate change impacts; and WHEREAS, the Final EIR identifies and analyzes alternatives to the proposed project; and WHEREAS, the Mitigation Monitoring and Reporting Program has been prepared pursuant to CEQA to monitor the changes to the project, which the lead agency has adopted in order to mitigate or avoid significant effects on the environment; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain View, having independently considered the Final EIR and the potentially significant environmental effects of the project as shown in the Final EIR for the San Antonio Center Precise Plan amendments and project, that the Council: 1. Certifies that the Final EIR has been completed in compliance with CEQA and reflects the independent judgment of the City Council; and 2. Adopts the CEQA Findings and Statement of Overriding Considerations, attached hereto as Exhibit A, for the project; and 3. Adopts all of the feasible mitigation measures identified and described in the Final EIR and determines that the project, as mitigated, will avoid or reduce all of the significant adverse impacts to a less- than - significant level, with the exception of the significant unavoidable air quality and global climate change impacts; and 4. Adopts the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B, for the project. TIME FOR IUDICIAL REVIEW The time within which judicial review of this document must be sought is governed by California Code of Procedure Section 1094.6 as established by Resolution No. 13850 adopted by the City Council on August 9, 1983. SP /8 /RESO 804- 04- 26- 11R -E^ Attachment 2 CITY OF MOUNTAIN VIEW RESOLUTION NO. SERIES 2011 A RESOLUTION APPROVING AMENDMENTS TO THE SAN ANTONIO CENTER PRECISE PLAN P(9) TO ALLOW 88,000 SQUARE FEET OF ADDITIONAL COMMERCIAL AREA AND UP TO 350 RESIDENTIAL UNITS WHEREAS, on March 30, 2011, the Environmental Planning Commission held a duly noticed public hearing and thereafter forwarded its recommendations to the City Council that the Precise Plan be amended; and WHEREAS, on June 14, 2011, having given notice as required by City Code Section A36.80.040, the City Council held a public hearing to consider adoption of said amendments to the P(9) San Antonio Center Precise Plan; and WHEREAS, the proposed amendments are consistent with existing General Plan land use designation of Regional Commercial since the amendments maintain the Center as a regional retail destination; offer residents a broad selection of retail goods, including neighborhood - serving tenants; maintain and improve the City's retail base; create an attractive, exciting district; allow for high- density residential to complement retail uses on -site and to allow people to live close to shopping and transit; and improve the circulation network on -site for pedestrians, bicycles and vehicles; and WHEREAS, the proposed amendments would not be detrimental to the public interest, health, safety, convenience or welfare of the community since the proposed amendments are consistent with the existing 1992 General Plan policies, compatible with surrounding commercial uses and would not introduce uses that would be detrimental to the public interest, safety, convenience or welfare of the community; and WHEREAS, the proposed amendments promote the development of desirable character, harmonious with existing and proposed development in the surrounding area since the proposed amendments include architectural, site planning and landscape criteria that will enable new development to be harmonious and connected to the surrounding area; and WHEREAS, the Center's role in the City's overall fiscal health is significant, thereby justifying the special regulations and intensities allowed in the Precise Plan that are not currently allowed in standard commercial zoning districts; and WHEREAS, an Environmental Impact Report (EIR) was prepared for this project in conformance with the California Environmental Quality Act (CEQA) and the analysis determined that all of the environmental impacts associated with the amendments can be mitigated except for air quality and greenhouse gas emissions, which require the adoption of a Statement of Overriding Considerations; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mountain View hereby finds and determines that the amendments to the P(9) San Antonio Center Precise Plan have been reviewed and approved by the City Council, as more particularly described in 'Exhibit A," attached hereto, and which shall be on file in the Office of the City Clerk, are hereby adopted. TIME FOR IUDICIAL REVIEW The time within which judicial review of this document must be sought is governed by California Code of Procedure Section 1094.6 as established by Resolution No. 13850 adopted by the City Council on August 9, 1983. NM /5 /RESO 819- 04- 26- 11R -E^ SAN ANTONIO CENTER PRECISE PLAN P(9) ADOPTED BY THE MOUNTAIN VIEW CITY COUNCIL AMENDED July 9, 1991 November 26, 1991 February 11, 1992 March 8,1994 April 25,1995 March 4, 2008 June 14, 2011 NOVEMBER 29, 1988 RESOLUTION NO. 14888 RESOLUTION NO. SUMMARY 15288 Changing landscaping, signing, building height, storefront review, bicycle circulation and parking requirements, and revising exhibits accordingly. Finalizing wording regarding tenant signs as directed by Council on July 9,1991. 15373 Remove language limiting veterinary clinics to one specific location. 15674 Significantly revising format and criteria, including goals, uses, development criteria and the development review process. 15828 Changes promoting child care facilities. 17288 Add language prohibiting large - scale building material stores and /or lumber stores. Allow 188,000 square feet of additional commercial area and up to 350 residential units. San Antonio Center Precise Plan TABLE OF CONTENTS PART I BASIS OF POLICY PAGE 1.1 PURPOSE ................................................................................. ..............................1 1.2 SAN ANTONIO CENTER BOUNDARIES ......................... ..............................1 1.3 THE VISION AND GOALS FOR SAN ANTONIO CENTER ........................1 1.4 PRINCIPLES AND OBJECTIVES ......................................... ..............................2 II USE CRITERIA 2.1 PURPOSE ................................................................................. ..............................5 2.2 PRINCIPALLY PERMITTED USES ...................................... ..............................5 2.3 PROVISIONAL USES ............................................................. ..............................7 2.4 PROHIBITED USES ................................................................ ..............................8 2.5 TEMPORARY USES ............................................................... ..............................8 III DESIGN CRITERIA 3.1 PURPOSE ................................................................................. ..............................9 3.2 DESIGN REQUIREMENTS FOR ALL DEVELOPMENTS .............................9 3.2.1 Applicability ................................................................ ..............................9 3.2.2 Site Design .................................................................... ..............................9 A. Coordination ....................................................... ..............................9 B. Intensity .............................................................. .............................10 C. Circulation .......................................................... .............................10 1. Vehicular ................................................... .............................10 2. Pedestrian .................................................. .............................11 3. Bicycle ........................................................ .............................12 D. Parking ................................................................ .............................12 1. Number of Spaces Required ................... .............................12 2. Alternative Parking Options .................. .............................12 3. Deferral of Spaces ..................................... .............................13 4. Dimensions ............................................... .............................13 5. Location ..................................................... .............................13 E. Landscaping ....................................................... .............................13 1. Minimum Amount Required ................. .............................14 2. Streetside Landscape Buffer ................... .............................14 3. Tree Canopies ........................................... .............................14 4. Landscaping Along Pedestrian Ways ... .............................14 5. Landscaping Along Vehicular Ways ..... .............................14 6. Irrigation .................................................... .............................15 -i- PART F. Minimum Lot Size ............................... ............................... 3.2.3 Building Design ............................................. ............................... A. Building Orientation ............................ ............................... B. Building Setbacks ................................. ............................... C. Coordinated Design ............................. ............................... D. Sustainable Design ............................... ............................... E. Transit Amenities ................................. ............................... 3.2.4 Sign Design ............................................ ............................... A. Master Sign Program ................... ............................... B. Signage for Freestanding Stores . ............................... C. Storefront Signs ............................ ............................... D. General Sign Criteria ................... ............................... E. Sign Modifications ....................... ............................... F. Freestanding Signage .................. ............................... G. Directional Signage ...................... ............................... H. Supergraphics ............................... ............................... 3.3 DESIGN GUIDELINES FOR ALL DEVELOPMENTS ............... 3.3.1 Site Design .............................................. ............................... A. Site Furniture and Materials ....... ............................... 3.3.2 Building Design ..................................... ............................... A. Building Height ............................ ............................... B. Architectural Design ..................... ............................... PAGE .........15 .........15 .........15 .........15 .........16 .........16 .........16 .........16 .........16 .........17 .........17 .................17 .................17 .................18 .................18 .................18 .................19 .................19 .................19 .................19 .................19 .................19 IV. ADMINISTRATION 4.1 GENERAL ............................................................................... .............................22 4.1.1 Development Review Process .................................. .............................22 ILLUSTRATIONS: Figure 1 ........... ............................... Figure2 ........... ............................... -ii- ............23 ............24 PART I BASIS OF PRECISE PLAN POLICY 1.1 PURPOSE The purpose of this document is to provide a framework for development in the San Antonio Center (the "Center ") which will guide future actions. The Center was originally designed as an auto - oriented shopping destination and is composed of large, single -story retail stores surrounded by expansive parking lots. The intent of this Plan is to guide future development by encouraging a mix of uses and the creation of vibrant, active, pedestrian- oriented street frontages throughout the Center while enhancing internal and external connectivity. 1.2 SAN ANTONIO CENTER BOUNDARIES The San Antonio Center is a primary gateway into the City since it is located on the western edge of Mountain View near the cities of Los Altos and Palo Alto. The Center is bounded by El Camino Real, San Antonio Road, California Street and Showers Drive. The entire Center measures 56 acres and has multiple ownerships. The site is bisected by an 80' wide San Francisco Public Utilities Commission Hetch - Hetchy property with specific development restrictions. The San Antonio Center Precise Plan divides the Center into two Areas (see Figure 1): Area 1— Contains 16 acres primarily located at the corner of San Antonio Road and El Camino Real and properties abutting the Hetch - Hetchy easement. Area 2— Contains the remainder of the Center totaling 40 acres. 1.3 THE VISION AND GOALS FOR SAN ANTONIO CENTER Coordinated efforts amongst the property owners are a key element to improving the current condition of the shopping center. The goals of this Plan are to encourage individual property upgrades and assemblages that will develop in phases, provided that each phase promotes the overall viability and desired coordination of the Center. Area 1 is poised to become the newly developed portion of the Center and will help invigorate the Center by introducing a mix of varying land uses and densities. This Area will also set the tone for any further revitalization efforts for the Center by providing the basic framework for circulation, architectural and open space designs. -1- This Plan provides the land use and design criteria to guide the rebuilding and strengthening of the San Antonio Center. While it encourages extensive redevelopment and consolidation of retail, office and residential space, it allows for gradual change, recognizes the separate ownerships and long -term ground leases, and provides the ability to use each property independently. Older buildings can be remodeled, uses can be added and new construction can occur; however, each change will provide the basis for greater coordination throughout the site. This Plan also presents design criteria focused on aiding in the development of a pedestrian- oriented Center by incorporating new streetscapes within newly developed parcels that are linked with older sections of the Center. An integrated grid circulation system, gathering places and high - quality architectural building design will add vitality to the existing Center. In order for the Center to be successful, access; pedestrian, bicycle and vehicular circulation; parking; landscaping; signing; and building design shall be coordinated. To ensure coordinated access and circulation, reciprocal parking and access agreements will be required for all properties provided, however, residential uses shall provide private resident parking. 1.4 PRINCIPLES AND OBJECTIVES The 1992 General Plan, the 2009 Economic Resources Strategy, the Guiding Principles of the Grand Boulevard Initiative and the General Plan 2030 Visioning Process Report all support the following goals which form the basis of the specific criteria which are contained in this Plan: A. Regional Status — Reinforce the regional status of the Center by ensuring that it provides regional services to Mountain View residents and attracts customers from the surrounding area. B. Improve Design and Image —Make substantial design improvements to the Center's buildings and site, creating a quality image of an attractive shopping center at this gateway location. C. Retail Sales Tax — Revitalize the Center to enhance the success of the retail businesses and bolster retail sales tax revenues. D. Coordination — Ensure that access, signage, building design and on -site circulation support the image of a single cohesive center. E. Pedestrian Connections — Encourage pedestrian walkway connections and amenities to help attract customers, link uses and revitalize the Center. F. Bicycle Connections — Provide safe and well- designed connections and amenities for bicyclists who are either residents or users of the Center. -2- G. Integrated Circulation System— Redesign the existing circulation pattern in a grid -like system with tree -lined sidewalks and pedestrian amenities throughout the Center and links to the surrounding neighborhood. H. Links to Transit — Create efficient routes throughout the Center linking users to the San Antonio Caltrain Station, El Camino Real Transit Service and the VTA's Transfer Bus Station. I. Flexibility— Recognize the dynamic nature of the retail industry and accommodate through Plan flexibility and development review process. Mix of Uses —While continuing to reinforce the Center as a shopping destination, promote uses that create a synergistic and dynamic environment. K. Place- Making — Create interesting and special gathering experiences and frontage that transform the shopping center into a dynamic environment where people want to be and interact. L. Open Space— Incorporate smaller open spaces such as plazas and private courtyards that can vary in character and function while providing "recreation and open space opportunities. M. Sustainable Development— Pursue sustainable design, engineering and construction methods. -3- THIS PAGE INTENTIONALLY LEFT BLANK 151 PART II USE CRITERIA 2.1 PURPOSE The Center is intended to serve patrons and residents who will be arriving by transit, bicycle, on foot or by private vehicle. A full line of comparison retail goods is desired to encourage comparison shopping. Large -scale retail establish- ments will help anchor the Center for the smaller tenants and attract local patrons as well as patrons from other communities. Neighborhood retail uses will help serve nearby residential areas and newly created residential units in the Center. Locating new residential units in the Center will enliven the area and create more demand for varied uses, and residents will take advantage of the close proximity to transit for their transportation needs. Storage and other uses which create long, uninteresting wall spaces along pedestrian ways should also be avoided. The Plan will rely on the expertise and coordination of the Center managers to maintain the tenant and use mix. While the Center will remain as a major regional shopping center, other uses are included as provisional uses which complement its retail function and add activity to the Center. Such uses shall require approval as described in the Administration Chapter of the Precise Plan. 2.2 PRINCIPALLY PERMITTED USES Shopping centers should provide a broad spectrum of uses. A combination of eating and drinking facilities, large- to small -scale retail stores and personal service uses are recommended to provide a compatible range of goods and services to the community. Large -scale retail establishments will help anchor the smaller tenant uses and will provide a draw for regional shoppers. The following uses are principally permitted uses in both Areas 1 and 2 of the Center: A. Large -Scale Retail Businesses. Large -scale retail establishments are those that sell multiple categories of goods such as department stores, or single category goods such as home furnishings or office equipment. These establishments typically occupy 10,000 square feet or more. B. Medium and Small -Scale Retail Businesses and Personal Service Establishments. Medium- and small -scale retail establishments are those that occupy between 1,000 and 10,000 square feet and typically sell specialty -5- goods such as jewelry, cards, gifts, shoes, specialty foods, etc. Personal service establishments provide services of a personal convenience nature, such as cleaning, repair or sales incidental thereto. Examples of personal service establishments include beauty salons and barbershops, nail salons, art, dance or music studios, shoe repair shops, Laundromats, dry cleaning establishments, tailors and office services such as typing, copying and faxing. C. Restaurants, including those with outdoor seating and /or serving beer and wine clearly ancillary to food service. Drive -up food service facilities are not allowed. Generally, appropriate uses as identified in the following list are designated to provide guidelines for complementary uses that would benefit both the Center and the community. This list is not intended to prohibit other uses. The service and retail uses that are generally appropriate within the Center are: • Apparel stores • Florists • Variety stores • Gift stores • Jewelry stores • Art shops • Delis and take -out food shops • Hobby shops • Shoe stores • Beauty salons • Grocery stores • Fabric stores • Coffee shops • Music shops • Beauty/ health Stores • Post office • Bookstores • Restaurants and cafes • Office supply/ stationary stores • Consumer electronics • Pet stores • Camera shops • Sporting goods stores • Hardware stores • Barbershops Furniture stores • Junior department stores Drug stores • Candy stores Museums • Community rooms Specialty food stores • Liquor stores Home goods stores • Appliance stores Department stores • Housewares • Bakeries • Cleaners • Photography studios • Art galleries • Multi- category large -scale retail • Single category large -scale center 01 2.3 PROVISIONAL USES While the focus of the Center will be retail, residential mixed -use development may be permitted within Area 1 of the Center. Residential mixed -use development is typically a building with ground -level commercial uses or parking and multi - family stacked units above. Residential uses are intended to complement the commercial uses on -site and invigorate the Center by providing a 24 -hour presence. The following uses may be acceptable subject to City review. Areas 1 and 2: A. New office uses in existing buildings and new office uses in new developments. B. A hotel. C. Any establishment providing entertainment, permitting dancing or serving alcoholic beverages (other than beer and wine in conjunction with food). D. Veterinary clinics, pet hotels and pet day -care facilities enclosed within the building. E. Child -care facilities, private school establishments and tutoring centers. F. Dentists and optometry offices. G. Financial institutions such as banks, accountants and tax preparers. H. Health and fitness centers. I. Movie theaters. Area 1 only: A. Up to 350 residential units with private resident parking (limited to the parcel south of the Hetch - Hetchy easement). -7- 2.4 PROHIBITED USES The following uses are prohibited from being located in the Center since these uses do not support the vision and goals for the San Antonio Shopping Center: A. All drive - through or drive -up operations are prohibited. Drive - through and drive -up operations are those where food or other products or services may be purchased by motorists without leaving their vehicles. Such facilities include drive -up teller windows in banks, and drive -up oil changing facilities, etc., but does not include automatic teller machines (ATMs). B. Vending machines such as those used to dispense sodas, snacks, movie rentals and cigarettes are prohibited, except when located within a fully enclosed building, and not including reverse vending recycling redemption centers. C. Large - scale, warehouse -type building material stores and /or lumber stores are prohibited. Large -scale building material stores and lumber stores are wholesale or retail establishments selling lumber and /or other construction materials and building supplies. D. Auto - oriented uses, including service stations and repair garages for minor repair. 2.5 TEMPORARY USES Outdoor or seasonal product sales are considered to be temporary uses and shall comply with the Administration Chapter of the Precise Plan. N PART III DESIGN CRITERIA 3.1 PURPOSE The following design criteria are intended to provide a framework for the character and development envisioned for the San Antonio Center. The criteria define the general mandates for a comprehensive development concept for all properties at the San Antonio Center. 3.2 DESIGN REQUIREMENTS FOR ALL DEVELOPMENTS 3.2.1 Applicability For all changes of occupancy or use, new tenancies and building additions, the Zoning Administrator may require owners to make exterior improvements, including landscaping, trash enclosures, painting and parking lot improvements. The extent of required improvements shall relate to the magnitude of the change requested, the building size and the extent of upgrading already accomplished on the property. It may also relate to the length of the lease. Generally, the improvements must be made prior to occupancy. All projects shall substantially apply with this Design Requirements for all Developments and Section 3.3, Design Guidelines for All Developments. 3.2.2 Site Design A. Coordination: Site improvements and buildings shall be coordinated with adjacent properties to ensure the potential, if not the immediate, realization of shared access and coordinated parking (residential uses shall provide private parking). Grading, parking and landscape treatment shall relate to adjoining properties. Mutual access agreements shall be required. The applicant shall submit a comprehensive site plan of the entire Center area showing how the development fits with other existing or approved developments at the Center, including the Master Circulation Plan. It is the applicant's responsibility to demonstrate how the proposed development meets the goals and criteria of this 0 Precise Plan. Additional exhibits in support of the application are encouraged. The Hetch - Hetchy right -of -way should be considered as a unifying open space and circulation element that runs through the entire Center. B. Intensi The maximum building potential for the entire Center will be 961,000 square feet (gross) of commercial development divided in the following manner: Lot A —a maximum of 311,000 square feet (gross) of commercial development and 350,000 square feet (gross) of residential development but in no case over 350 residential units. Lot B —a maximum of 650,000 square feet (gross) of commercial development. C. Circulation: The San Antonio Center includes a disconnected circulation system that significantly contributes to the lack of unity and wayfinding within the Center. The implementation of an integrated network of complete streets for pedestrians, bicyclists and motorists is required to improve the circulation system and the success of the Center. Vehicular a. A well defined internal circulation route which provides clear, direct access to all areas of the Center shall be provided. For descriptive purposes this route shall be called "the interior circulation route." This interior circulation route shall generally comply with the Master Circulation Plan (see Figure 2) and shall accommodate vehicular and bicycle traffic in both directions in a unified street grid pattern system streets. Large -scale and small - scale developments shall coordinate their site designs to access the interior circulation route. The interior circula- tion route shall be shown on all development proposals and must connect to existing or demonstrated potential routes on adjacent parcels. -10- b. Entry/ exit driveways from public streets shall proceed directly to the internal circulation route. These driveways should accommodate traffic in both directions. 2. Pedestrian Pedestrians are a critical component to the success of this Center. Engaging pedestrians from the main public rights -of- way and providing interesting paths of travel within the Center are important components to the redesign of the Center. a. A safe, attractive, clear pedestrian circulation system throughout the Center is a critical unifying element and will contribute to the successful revitalization of the Center. The pedestrian circulation system shall be designed to encourage pedestrian rather than vehicular travel on the site, and to encourage destination shoppers to venture into other stores and areas of the Center. b. Direct pedestrian connections to pedestrian crosswalks at surrounding streets, as well as at all major vehicular entranceways, shall be part of the integrated pedestrian network. Pedestrian access to the building should be visually and functionally clear from all public rights -of- way. Pedestrian paths and connections throughout the Center shall facilitate pedestrian mobility and include consistent sidewalks that incorporate landscaping and paving treatments, pedestrian -level lighting and signage. Coordination of the design and location of pedestrian connections is required. d. Separated sidewalks are required along the public street frontages, with a minimum planter width of 6' and a minimum sidewalk width of 10'. e. Special attention shall be directed at linking pedestrians to the San Antonio Caltrain Station, El Camino Real Transit Service and the VTA's bus transfer station on Showers Drive. -11- 3. Bicycle Bicycling is increasingly becoming an important mode of transportation in Mountain View and other Bay Area communities. Providing the Center's users with well- designed and integrated paths of travel is an important component to the Center's circulation design. A bicycle access and bicycle circulation system through the Center shall be required as shown in the Master Circulation Plan. A bicycle circulation route within the Center with paths and connections to surrounding streets, as well as at all major vehicular entranceways, shall be part of the integrated bicycle network. The provision of bike parking facilities at convenient and evenly distributed locations throughout the Center shall be required in accordance with the Zoning Ordinance for both commercial and residential uses. D. Parking: The majority of parking provided at the San Antonio Center is surface parking. While parking is necessary for the success of the Center, it should be provided in a manner that does not hinder the vision for the Center. 1. Number of Spaces Required. Vehicular parking for all permitted or provisional uses other than residential shall be provided for the Center or any incremental development in compliance with City of Mountain View ordinances governing the number of required parking and loading spaces including handicap parking spaces. Private residential parking shall be provided at a ratio of one parking space per bedroom. Bicycle parking shall be provided in accordance with the City of Mountain View Zoning Ordinance governing the number, style, location or type of required bicycle parking facilities. 2. Alternative Parking Options. In order to reduce the number of surface lots in the Center, alternative parking options to surface lots is encouraged for both redevelopment and new development projects. Rooftop parking and other structured parking, such as podium and underground parking, is permitted. Above -grade parking garages along a public street frontage, however, are discouraged. The Zoning Administrator may reduce the total amount of required parking if the -12- applicant provides alternative parking options for the Center, including, but not limited to, rooftop parking and parking structures. Wayfinding amenities to parking structures will be required. 3. Deferral of Spaces. The Zoning Administrator may approve deferral of one or more required on -site parking spaces to a future time if the applicant can demonstrate that the tenant will not need the number of parking spaces required by this chapter for that use and the parking to be deferred can be utilized for other aesthetic amenities not otherwise required under this Precise Plan. 4. Dimensions. Parking stall, backup and aisle dimensions shall also comply with applicable City of Mountain View standards and requirements. 5. Location. a. The parking spaces required (including loading, bicycle and handicap) shall be determined for each proposed development and shall be contained within the ownership associated with said proposal; however, all parking other than private residential parking shall be accessible to other properties in accordance with the existing Reciprocal Parking Agreement in the Center. b. Parking should be avoided along the principal interior circulation route or entrance driveways, nor curvilinear sections where the line of sight is restricted, at intersections of the road with other primary drives, or other locations where dangerous turning movements may result. E. Landscaping: Landscaping in the Center can become a key component to its success as it can be designed to create interesting street frontages and open spaces such as plazas and private courtyards that vary in character and function while providing place- making opportunities. All landscaping plans will comply with the requirements set forth in the City of Mountain View's Landscaping Ordinance unless specifically specified in this section. A detailed landscape plan for the Center shall be developed to unify the site and to set forth -13- detailed landscape requirements. This plan shall show a unified grid system of streets with a focus on how the proposed landscaping along walkways, pedestrian - scaled lighting and signage help create attractive streetscapes within the Center. The plan shall encompass the entire property on which the development is proposed and will coordinate with existing landscaping on adjacent properties. 1. Minimum Amount Required. Each area of the Center (defined as a proposed or existing development that is designed and submitted as a single unit and maintained and operated under a single property manager) shall provide a minimum of 15 percent of the total site area of landscaping. Landscaping is defined as the total lot area minus the areas covered by buildings and vehicle- oriented paving. 2. Streetside Landscape Buffer. Perimeter landscaping shall be supplemented with groundcovers, shrubs, trees and features that are sufficiently tall and continuous to screen parking lots. Lush foundation planting along building walls will be required to add interest to the streetscape. 3. Tree Canopies. Both perimeter and interior landscaping shall include a predominance of canopy trees. The location and spacing will be dependent on type of tree used, but the effect shall be consistent tree cover that will provide shade. Generally, a minimum 24" box tree shall be installed every 3 parking spaces. Generally where there are 25 or more parking spaces in an otherwise unbroken row, a minimum 8' wide tree island shall be installed every 10 to 12 spaces. These trees will help provide an identifiable image for the Center. 4. Landscaping Along Pedestrian Ways. Landscaping will be required along sidewalks with the installation of 24" box street trees, shrubs and groundcovers that also buffer building, parking and street edges. Integral planters or wing walls that incorporate landscaped areas and /or sitting areas are also highly recommended. The use of landscaping along pedestrian walkways along with appropriate lighting will provide a safe and comfortable pedestrian experience. 5. Landscaping Along Vehicular Ways. Landscaping will be required along all vehicular entries from the surrounding City streets to the interior circulation road. Landscaping shall be maintained so as to not obstruct views from vehicles at -14- driveways. Vegetation at all site distance zones shall not exceed 3' in height. 6. Irrigation. All landscaped areas shall be provided with fixed irrigation systems and will meet the Water Conservation requirements set forth in the City's Landscaping Ordinance. F. Minimum Lot Size: All newly created lots must be a minimum of 40,000 square feet. Existing lots of record may be developed with the uses permitted by this plan and in accordance with the development standards of this plan. 3.2.3 Building Design One of the keys to a successful Center is to encourage substantial design improvements to the Center's buildings and site, creating a quality image of an attractive shopping center. A. Building Orientation: All buildings in the Center shall be contiguous to pedestrian walks to minimize the need for pedestrians to cross vehicular areas in moving from store to store or building to building and to encourage shoppers to use nonvehicular forms of transportation. Moreover, buildings shall be oriented so that primary entries and display windows are accessible and clearly visible to shoppers and /or to the street for major tenants. To create an engaging and interesting pedestrian experience, welcoming storefronts should front the Center's main public streets and internal grid system. Backs of buildings and walls without storefronts should be avoided along public streets. B. Building Setbacks: No minimum setback for buildings is required from public streets or internal streets. Through the development review process, the City may determine that setback area is necessary on a case -by -case basis. Parking lots shall be set back at least 25' from public streets, measured to the nearest face of curb. -15- C. Coordinated Design: Coordinated architectural features, building groupings, open space areas and major circulation routes shall be used to unify the site. From the peripheral streets and the parking lots, one should be aware of an inviting image and forms which create a sense of both flow and unity. D. Sustainable Design: All buildings will be required to meet current City of Mountain View Green Building Ordinance requirements. Through the project review process, methods of exceeding the City's minimum requirements will be encouraged depending on the scope of the proposed project. E. Transit Amenities: All new construction shall provide transit amenities including, but not limited to: transit pass subsidies, convenient and secure bicycle parking, on -site pedestrian /bicycle pathways leading to transit centers with appropriate lighting and signage, special parking for carpool /vanpool /electric vehicles and charging stations for electric vehicles. 3.2.4 Sign Design Signage for the Center should be designed to be attractive and modern and provide the patrons and residents wayfinding opportunities throughout the Center. A. Master Sign Program: All properties with greater than 10,000 square feet of gross floor area shall have a master sign program designed in accordance with the general provisions outlined in this Plan. The master sign program shall contain the criteria for freestanding signs, signage for freestanding stores, storefront signs, general sign criteria and directional signs as stated below. Signage shall be designed to minimize the amount of needed signage and to be in keeping with Center architecture. Signage shall be specifically located and sized for visibility without being intrusive to the site or neighborhood. Exceptions to the sign regulations listed below can be permitted with a Master Sign Program and shall be subject to review and approval of the Zoning Administrator. 501 B. Signage for Freestanding Stores: Freestanding stores may have one building- mounted sign per building frontage, generally 1 square foot per linear foot of frontage, up to a maximum of 300 square feet, and only oriented toward that the frontage it is on. C. Storefront Signs: Signs as part of storefronts on multi- tenant buildings must be within the tenant's storefront area and not beyond and must comply with the Master Sign Program. No signs may be placed on roofs. All signs that are parallel to the front wall of a store must be designed as an integral part of the storefront itself and included in the original design submitted. Storefronts may have one building- mounted sign and one pedestrian- oriented suspended sign or vertical blade sign. Total building- mounted sign area shall not exceed one (1) square foot for every one (1) linear foot of store frontage. Vertical blade or suspended signs may not exceed five (5) square feet and may not project below seven (7) feet above the ground. D. General Sign Criteria: 1. No signs may be placed on roofs. 2. Signs shall be parallel to the wall on which it fronts unless it is a pedestrian- oriented - suspended sign. 3. Generally, signs shall have individually mounted letters. 4. Signage shall be designed as an integral part of the architectural design. 5. The size, location and design of signs shall be subject to review and approval by the Zoning Administrator through the Development Review process. E. Sign Modifications: Sign modifications which are in accordance with the approved sign program must be approved by the building owner and submitted to the Planning Division for review of consistency with the Master Sign Program and appropriateness in the specific location. In most cases, -17- approval for individual signs can be given administratively without need for further architectural review. Any proposed changes for the Master Sign Program must be approved by the Zoning Administrator. F. Freestanding Signage: 1. One major freestanding Center identification sign is permitted for the intersection of San Antonio Road and El Camino Real. One major Center identification sign is also permitted for the intersection of California Street and Showers Drive. Other major identification signs can be approved through the Development Review process. The final size, design, location and number of tenant names shall be subject to Zoning Administrator approval through the Development Review process. 2. No more than one (1) freestanding sign oriented to each of the four City street frontages is permitted. The final size, design, location and number of tenant names shall be subject to Zoning Administrator approval through the Development Review Process. 3. Compliance with Section 3.2.4.A, Master Sign Program, is required. G. Directional SignVe: Directional signage shall be developed in conjunction with each new large -scale development or renovation to direct on -site traffic to other locations at the Center and to guide vehicles for deliveries, entering and exiting. Directional signs are generally needed at each intersection of the major on -site circulation routes for pedestrians, bicyclists and motorists. H. Supergraphics: Supergraphics may be allowed as part of a new redevelopment project and incorporated as part of the Master Sign Program subject to the review and approval of the Zoning Administrator. Supergraphics are defined as being large, usually brightly colored, graphic images of simple design portraying lifestyle images. M 3.3 DESIGN GUIDELINES FOR ALL DEVELOPMENTS 3.3.1 Site Design A. Site Furniture and Materials: 1. Paving for all pedestrian walkways should be of similar or complementary character so as to clearly orient users and emphasize the pedestrian walk areas. High - quality paving materials such as pavers or textured or stamped concrete mixed with pavers will be encouraged. 2. Outdoor furniture such as trash receptacles, seating, bike racks, shade structures, lighting and plant materials should be designed as integral parts of the site, not randomly placed as afterthoughts. Design criteria for all these elements should be originally required as part of the development application. 3.3.2 Building Design A. Building Height: 1. With the exception of architectural elements such as towers, parapets, commercial buildings should be limited to 55' in height. Other architectural elements may extend above the height if the elements are deemed necessary for the architectural design. 2. Hotel and residential uses should be limited to seven stories or 80', whichever is less, and must be sited so that it does not block views into the Center from all major intersections. Architectural elements necessary for the proposed building design may extend above this height limit. B. Architectural Design: Although an architectural "vocabulary" may be established for the Center, the design of new buildings should avoid a forced identity such as Spanish colonial or "Town and Country." Existing and new structures should be related through the use of complementary color, texture and scale. 2. Each building on the project site should have strong design integrity. Its integrity as a building should be maintained -19- visually yet the stores within these buildings can be set off one from another at the pedestrian level and designed not to obscure the overall building design. A unique environment should be created which maintains harmony between stores and which also allows each business to establish its own presence without competing with its neighbor for attention. 3. 'False front" architecture where facade elements appear to be pasted onto flat box structures as appliques is not permitted. Detail elements should appear integral to the design. Buildings should incorporate wall plane changes that are significant enough (at least 18" with larger changes preferred) to provide more of a sense of assembled volumes rather than appliques over a box. Front facade materials, design articulation and details should be carried around all visible sides of the building, including those visible from adjacent residential or commercial parcels. Towers, roofs and parapet elements with visible sides should be deep enough to appear as solid volume elements, not as narrow wall extensions. Building mass should be broken into smaller elements, consistent with the proportions of the architectural style selected. Facades should be broken down into smaller units through the use of offsets, projections, recesses, pitched or stepped rooflines, overhangs, vertical accents and other elements of the building's mass; simply changing materials or color is not sufficient to accomplish this. To ensure buildings along any street display the greatest amount of visual interest and reinforce the character of the streetscape, their ground levels shall be pedestrian - friendly in scale, design and use of materials. Ground floors should have elements such as: easily identifiable entries, multiple large storefront windows, projecting sills, varying door styles, pedestrian - scaled signs and attractive awnings. 6. To provide visual connection between activities inside and outside the Center's building facades facing public streets and customer parking lots, they must provide entries, arcades, display windows, trellis structures, awnings or similar elements to provide facade depth and visual interest. An exception could be considered for corner parcels where an outdoor plaza may be the main visual connection into the Center. Kill Building materials should be of the highest quality. Appro- priate exterior materials include, but are not limited to, wood, tile, brick, glass, stucco, concrete, marble, stainless steel, metal panels, stone, painted steel and painted aluminum. 8. Variety through detail, which will contribute to the design at human scale, is encouraged. Arcades, trellises, lattice work, building bases, recessed windows which produce shadows, and moldings and trim which break up building surfaces and blank walls should be encouraged. 9. Parking structures should be visually enhanced with design treatment that improves their appearance and minimizes their size. Features which add detail and articulation to the structure, such as punched openings, decorative bands of accent materials, green screens, trellises, planters, artwork, etc., should be incorporated. Exterior materials should be harmonious with surrounding buildings and integral with the treatment of the buildings they are built to serve. Rooftop parking is encouraged, and shall include a minimum 36" screen wall around the periphery of the top deck. 10. Lighting standards may be a maximum of 30' to 40' in height. Rooftop lighting shall not be visible from the public street. -21- PART IV ADMINISTRATION 4.1 GENERAL 4.1.1 Development Review Process The Zoning Administrator shall administer discretionary City review of any exterior changes, new building area, signage, changes of use and interpretation of this Precise Plan based on the Zoning Ordinance Administration (Chapter 36, Article XII) section of the Mountain View City Code and the following criteria: A. New construction of buildings affecting less than 50,000 gross square feet shall be submitted for review and a public hearing before the Zoning Administrator for final action. B. New construction of buildings affecting more than 50,000 gross square feet, or any project with residential uses, shall be submitted for review and a public hearing before the Zoning Administrator, where a written recommendation and any suggested conditions will be forwarded to the City Council for final action at a public hearing. SanAntonioCenter- PPA(Version 2) -22- Ma -23- N W cc D C'3 LL SanAntonioCenter- PPA(Version 2) -24- Attachment 3 CITY OF MOUNTAIN VIEW RESOLUTION NO. SERIES 2011 A RESOLUTION CONDITIONALLY APPROVING THE PLANNED COMMUNITY PERMIT AND HERITAGE TREE REMOVAL PERMIT FOR 88,000 SQUARE FEET OF NEW RETAIL AREA AND UP TO 350 RESIDENTIAL UNITS WHEREAS, an application was received from Merlone Geier Partners for a Planned Community Permit, Development Review Permit and a Heritage Tree Removal Permit for the construction of 311,000 square feet of commercial space and up to 350 residential units in three 5 -story mixed -use buildings and the removal of 14 Heritage trees on properties located at 455 San Antonio Road, Application 080- 10 -PCZA; and WHEREAS, the Zoning Administrator held a public hearing on April 6, 2011 on said applications and recommended that the City Council conditionally approve the Planned Community Permit, Development Review Permit and Heritage Tree Removal Permit subject to the findings and conditions of approval contained in the Findings Report; and WHEREAS, on June 14, 2011, the City Council held a public hearing on said applications and received and considered all evidence presented at said hearing, including the Findings Report and staff report from the Zoning Administrator; and WHEREAS, the project complies with the general design considerations as described by the purpose and intent of the Zoning Ordinance, the General Plan and design guidelines found in the San Antonio Center Precise Plan, P(9). The design is consistent with development permitted under Regional Commercial General Plan Designation and with the design criteria contained in the San Antonio Center Precise Plan, P(9); and WHEREAS, the location and configuration of structures, parking, landscaping and access are appropriately integrated and compatible with surrounding development, including public streets and sidewalks and other public property, by conforming to the Precise Plan requirements as they relate to circulation, landscaping, site and building design; and WHEREAS, the architectural design of structures, including colors, materials and design elements (e.g., awnings, exterior lighting, screening of equipment, signs, etc.), is compatible with surrounding development. The proposed site plan and architecture incorporate many quality attributes identified with contemporary shopping centers; and WHEREAS, the general landscape design ensures visual relief, complements structures, provides an attractive environment by enhancing the streetscape by providing street trees along San Antonio Road and El Camino Real; and WHEREAS, on June 14, 2011, the City Council adopted a Final Environmental Impact Report (EIR) and Statement of Overriding Considerations in conformance with the California Environmental Quality Act (CEQA); NOW, THEREFORE, BE IT RESOLVED that the City Council finds that said application is consistent with the General Plan, Zoning Ordinance and the San Antonio Center Precise Plan. BE IT FURTHER RESOLVED by the City Council that the Planned Community Permit and Development Review Permit for said project is hereby granted subject to the developer's fulfillment of each and all conditions which are attached hereto and incorporated herein by reference. TIME FOR IUDICIAL REVIEW The time within which judicial review of this document must be sought is governed by California Code of Procedure Section 1094.6 as established by Resolution No. 13850, adopted by the City Council on August 9, 1983. NM /2 /RESO 819- 04- 26- I1R -E -I^ CITY OF MOUNTAIN VIEW FINDINGS REPORT /ZONING PERMIT /: V t iQ 7 t [41:x1 lI [$QVV0 [ 0 DATE OF FINDINGS: EXPIRATION OF ZONING PERMIT: Page 1 of 31 080- 10 -PCZA THIS REPORT IS SUBMITTED IN ACCORDANCE WITH THE PROVISIONS OF THE ZONING ORDINANCE. IT IS NOT A CERTIFICATE OF OCCUPANCY. THIS APPROVAL EXPIRES ON THE DATE NOTED ABOVE, UNLESS BUILDING PERMITS HAVE BEEN ISSUED. Applicant's Name: Mike Grehl Street Address of Property: Assessor's Parcel Nos.: Zone: 455 San Antonio Road 145 -20- 001,145 -20- 002,145 -20 -003 and 145 -20 -004 P(9) Request: Request for a Planned Community Permit, Provisional Use Permit, Development Review Permit and Heritage Tree Removal Permit for a new mixed -use development with approximately 311,000 square feet of leasable retail and restaurant space and up to 350 residential units on 16.3 acres at the northeast corner of El Camino Real and San Antonio Road in the San Antonio Center P(9) Precise Plan area. APPROVED ❑ CONDITIONALLY ❑ DISAPPROVED ❑ CONTINUED ❑ OTHER APPROVED CONDITIONS OR COMMENTS (MEETING OF ) "'RECOMMENDATION TO CITY COUNCIL * * * * * * *x'* FINDINGS OF APPROVAL: The Planned Community Permit for a new mixed -use development with approximately 311,000 square feet of leasable retail and restaurant space and up to 350 residential units on 16.3 acres and Heritage Tree Removal Permit to remove 14 Heritage trees are conditionally approved based upon the conditions contained herein and upon the following findings: A. The proposed use or development is consistent with the provisions of the San Antonio Center Precise Plan. The proposal demonstrates superior site and building design, and compatibility with surrounding uses and developments since the development's retail focus is similar in size and scale of other retail buildings in the Center and the heights proposed for the residential component are identical to those already allowed in the Precise Plan for hotel uses. Taller buildings already exist in the Center and in the surrounding area; B. The proposed use or development is consistent with the General Plan designation of Regional Commercial since the amendments maintain the Center as a regional retail destination; offer residents a broad selection of retail goods, including neighborhood - serving tenants; maintain and improve the City's retail base; create an attractive, exciting district; allow for high - density residential to complement retail uses on -site and to allow people to live close to shopping and transit; and improve the circulation network on -site for pedestrians, bicycles and vehicles; ❑ Owner ❑ Agent ❑ File ❑ Fire ❑ Public Works Page 2 of 31 080 -10 -PCZA C. The proposed uses and development will not be detrimental to the public interest, health, safety, convenience or welfare because the project has been designed to conform to pertinent health and safety codes, is an infill project within an already developed area, will provide access to public streets and sidewalks, and develops new housing and retail opportunities to existing public transportation services; D. The proposed project promotes a well - designed development that is harmonious with existing and planned development in the surrounding area by providing residential and commercial uses that are consistent with other apartments in the area and including features and materials that are compatible with surrounding structures; E. The proposed residential use is provisionally approved for 350 residential units in three (3) five - story, mixed -use buildings. The use complies with all of the applicable provisions of the Zoning Ordinance and the General Plan and the location, size, design and operating characteristics of the residential use are compatible with the site and building character in the vicinity; It is appropriate and necessary to remove the tree(s) in order to construct the improvements and /or allow reasonable and conforming use of the property when compared to other similarly situated properties that have received approval for similar infill developments. These trees will be impacted by the new construction and grading. The applicant will be mitigating the removal of 14 Heritage trees by planting forty -four (44) 24" box trees; G. The proposed project complies with the California Environmental Quality Act (CEQA) because a Final Environmental Impact Report (EIR) and Statement of Overriding Consideration was adopted. This approval is granted to construct a new mixed -use development with approximately 311,000 square feet of commercial floor area and up to 350 residential units located on Assessor Parcel Nos. 148 -20 -001, 148 -20 -002, 148 -20 -003 and 148 -20 -004. Development shall be substantially as shown on the project materials listed below, except as may be modified by conditions contained herein: a. Project drawings prepared by MCG Architects, Ankrom Moisan Architects and Urban Arena for Merlone Geier Partners, dated April 14, 2011, and consisting of 102 sheets, as amended by 23 sheets dated June 2, 2011. Prior to issuance of building permits, the applicant shall submit a comprehensive set of plans reflecting this approval, subject to the approval of the Zoning Administrator. b. Color and materials board prepared by MCG Architects, Ankrom Moisan Architects and Urban Arena for Merlone Geier Partners, dated April 14, 2011, and kept on file in the Community Development Department. THIS REQUEST IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS: NOTE: The following are all standard City of Mountain View conditions of approval, unless denoted as "PROJECT- SPECIFIC" conditions, i.e., applicable to a specific project only, or "MITIGATION MEASURE," as identified by the project's environmental review document. Community Development Department —(650) 903 -6306 PLANS AND SUBMITTAL REQUIREMENTS ZONING INFORMATION: The following information must be listed on the lower right -hand corner of the title sheet of the building permit drawings: a. Zoning permit application number (080 -10- PCZA); b. Zoning designation (P(19)); Floor area ratio (or density in units per acre if residential); Page 3 of 31 O80- 10 -PCZA Lot area (in square feet); e. Lot coverage (percentage); and Total number of parking spaces. 2. COLOR CHIPS: Color chips shall be attached to the title sheet of two sets of the building permit drawings and the color scheme shall be shown on the elevations. 3. CONSTRUCTION MILESTONE: Prior to the issuance of building permits, the developer shall demonstrate to the satisfaction of the Zoning Administrator that all private agreements or leases necessary to construct the entire project, as shown in the approved plans, have been secured. In the event that the developer is not able to construct a major component of the project based on the approved plans, the developer shall apply for an amendment to this permit, subject to a public hearing by the Zoning Administrator and a final action by the City Council. (PROJECT - SPECIFIC CONDITION) 4. PROJECT PHASING: In no case shall the project be constructed in more than two phases. At a minimum, the first phase shall consist of all buildings and ground treatment of the entire project, as shown in the approved plans, including the entire Main Street, except for buildings on the north parcel (north of the Main Street). (PROJECT - SPECIFIC CONDITION) SITE DEVELOPMENT AND BUILDING DESIGN 5. MIXED -USE BUILDING DESIGN REVIEW (RESIDENTIAL COMPONENT): Additional design consideration is necessary for the mixed -use building's massing and design, subject to final administrative approval by the Zoning Administrator prior to the issuance of building permits for this building. (NOTE: Building permits for the underground garage can be issued prior to the fulfillment of this condition.) The following conditions listed below are required: A. ARCHITECTURAL DETAILS: Additional architectural detail is required to add visual interest and residential character for the residential portions of the mixed -use buildings. Improvements are necessary to mitigate large four -story wall planes and introduce more depth on exterior elevations, subject to the approval of the Zoning Administrator, and may include, but is not limited to: increased window insets, window sills, additional variation in exterior wall materials and joints, sun - shading devices or other exterior treatments to provide relief, shade, shadow and depth without modifying the exterior wall plane of the building. B. LARGE MATERIAL AND COLOR MOCK -UPS: Colors in the approved plan set are conditionally approved, subject to final approval of the Zoning Administrator prior to construction through on -site mock -ups, unless a later date is agreed upon by the Zoning Administrator. Mock -ups shall include final colors and materials such as the metal paneling, metal shingle tiles, integral colored stucco and stone veneer. C. UTILITY LOCATION AND SCREENING: Final locations of utilities and screening shall be subject to administrative approval by the Zoning Administrator. D. STONE APPLICATION: The applicant is required to carry proposed materials, such as stone, to the backsides of the buildings. (PROJECT- SPECIFIC CONDITION) Page 4 of 31 080- 10 -PCZA 6. COMMERCIAL DESIGN REVIEW: All commercial elevations are conditionally approved. The applicant shall submit plans resolving design details, building materials, colors, sidewalk locations, plazas and landscaping in accordance to the conditions below, subject to the review and administrative approval of the Zoning Administrator prior to issuance of applicable building permits. A. GROUND -LEVEL RETAIL STOREFRONTS: The design and materials shown in the approved plans shall constitute the baseline expectation for any potential changes to storefronts to reflect new tenants. The use of high - quality materials, appropriate detailing and articulation, attractive storefront window and door design, and signage location will be considered as part of the review of any modified storefront. The location and design of any sidewalk cafes adjacent to the retail spaces will also require approval of the Zoning Administrator. B. BUILDING ENTRIES: The applicant shall make every effort to maximize the number of building entries and storefronts along El Camino Real and San Antonio Road, particularly when a tenant chooses to take multiple tenant spaces in buildings along the public streets. C. LARGE MATERIAL AND COLOR MOCK -UPS: Review of on -site mock -ups prior to construction for final colors and materials, such as the metal paneling, metal shingle tiles, integral colored stucco, stone veneer, etc., subject to the approval of the Zoning Administrator. The applicant is also required to provide a mock -up of the proposed integral stucco panel color variation for the north parcel building. D. RETAIL AWNING STYLES AND COLORS: Awning details have not been provided and are intended to be resolved when tenants are selected. The applicant shall provide details of proposed awning styles and colors used throughout the development, subject to the approval of the Zoning Administrator prior to installation. E. WINDOW MATERIAL: High - quality vinyl, metal or fiberglass windows shall be used. F. SPECIAL PAVING: High - quality special paving is required for this project. Interlocking pavers is the preferred material for all pedestrian areas. The use of stamped asphalt for driveways may be considered subject to the approval of the Zoning Administrator. Large expanses of stamped asphalt should be avoided and separated into distinct sections by other paving materials, such as colored concrete. G. ART PIECE: The applicant is required to provide an art feature, conceptually located at the comer of San Antonio Road and the new Main Street, subject to the review and approval of the Zoning Administrator prior to occupancy of a commercial tenant space in the mixed -use building. H. SHOP F: The Shop F design materials, trim pieces and roof caps shall be enhanced to match the level of the Shop A and B buildings. The final design of the Shop F building is subject to approval of the Zoning Administrator prior to the issuance of building permits. I. SAFEWAY RAMP DESIGN: The applicant will be required to provide some design details on the proposed ramp walls facing the driveway to avoid the look of a blank wall on both sides of the driveway. J. SAFEWAY GREENSCREEN ®: The applicant is required to resolve how the proposed greenscreens° at the Safeway building stairwells will be landscaped and irrigated. The final design and color will be reviewed. Additional greenscreens° will be required for the major retail building to conceal proposed parking along San Antonio Road and internal driveways. K. SAFEWAY SHOPPING CART CORRALS: The applicant will continue to work with staff on final corral locations in the parking lot. The applicant is required to design corrals that have raised curbs rather than the standard fixed metal and plastic corral. Page 5 of 31 080- 10 -PCZA L. SAFEWAY ALTERNATIVE ENERGY: Final design and siting location of solar panels is subject to the review and approval of the Zoning Administrator. The applicant is required to install solar panels and /or provide other alternative - energy installations. M. NORTH PARCEL: INTEGRAL COLOR STUCCO PANELS: The applicant is required to install integral color stucco panels on the building as proposed. Samples, colors and mock -ups showing the subtle color changes is required prior to installation. N. NORTH PARCEL: RAILING DETAILS: The applicant is required to provide staff all the railing details for stairs, escalators and promenades. Railings in this location must have a different scale than the residential railings and should have lighting. O. FAYETTE DRIVE LIFESTYLE IMAGES (ROLL -UP DOORS): Design criteria for lifestyle images in the center, including along the Fayette Drive entrance, shall be approved in conjunction with a Master Sign Program for the 16 -acre portion of the Center prior to installation of any signage. (PROJECT- SPECIFIC CONDITION) CONSISTENCY WITH SITE AND ARCHITECTURAL DRAWINGS: The project architect shall certify that all structural drawings are consistent with the architectural drawings in the building permit plan set and the Council - approved plans. In the event of discrepancy between the structural drawings and architectural drawings, the architectural drawings shall always take precedence. In the event the construction begins and it does not match the architectural drawings, the applicant shall correct these areas or request modifications subject to the Zoning Administrator approval. Revisions to architectural drawings shall require a new plan check submittal and major changes may require a Development Review Permit, subject to the determination of the Zoning Administrator. (PROJECT- SPECIFIC CONDITION) 8. GREEN BUILDING: All new construction will be required to meet the City of Mountain View's Green Building Ordinance requirements. The retail portion will meet the requirements of LEED Core and Shell Silver Equivalency while the mixed -use will be designed to meet the intent of Build It Green's GreenPoint rating system, including meeting all mandatory prerequisites and minimum point credits for each category. The applicant shall have an average minimum score of 100 for the mixed -use buildings under the Build It Green GreenPoint rating system. If the GreenPoint rating program changes in a manner that affects the project's ability to achieve such a score, the Zoning Administrator shall determine the appropriate equivalency. (PROJECT- SPECIFIC CONDITION) 9. SIDEWALK WIDTH (EL CAMINO REAL): Along El Camino Real, the applicant shall provide a 6 planter strip and 12' sidewalk. This area shall be dedicated to the City, based on the City's standard provisions for right -of -way dedication. (PROJECT- SPECIFIC CONDITION) 10. SIDEWALK WIDTH (SAN ANTONIO ROAD): Along San Antonio Road, the applicant shall provide a 6 planter strip and 10' sidewalk. This area shall be dedicated to the City, based on the City's standard provisions for right -of- way dedication. (PROJECT- SPECIFIC CONDITION) 11. BICYCLE/PEDESTRIAN CONNECTION: Continue to work with Community Development and Public Works Department staff prior to building permit issuance on a potential bicycle/ pedestrian connection along San Antonio Road project frontage, between Fayette Drive and the proposed San Antonio Green. (PROJECT- SPECIFIC CONDITION) 12. SIGNAGE TOWER HEIGHT: The 60' sign tower located at San Antonio Road and El Camino Real, and San Antonio Road and the new Main Street, is approved. (PROJECT- SPECIFIC CONDITION) 13. ROOF EQUIPMENT: All roof equipment must be concealed behind opaque (solid) screening designed to complement the building. Details of the roof equipment and roof screens shall be included in the building permit drawings and approved by the Zoning Administrator. Page 6 of 31 080- 10 -PCZA 14. OUTDOOR STORAGE: There is to be no outdoor storage for any businesses or residential uses without specific Development Review approval. 15. OUTDOOR ACCESSORY USES: Proposals for outdoor accessory uses, such as kiosks and mobile vendors, are encouraged in portions of the Greenway and may be granted by the Zoning Administrator through the Development Review Process. (PROJECT- SPECIFIC CONDITION) 16. TRANSFORMERS: All transformers and utility vaults shall be undergrounded, unless otherwise approved by the Zoning Administrator. (PROJECT- SPECIFIC CONDITION) 17. TRASH ENCLOSURE: The trash enclosures should match the architectural design, color and materials of the primary structure and details are to be shown on the building permit drawing and approved by the Zoning Administrator prior to permit issuance. 18. PARKING SPACE DESIGN: All parking spaces (except parallel spaces) must be double - striped. Double stripes shall be eighteen inches (18 ") apart, from outside edge to outside edge of the stripe. The eight and one -half foot (8 -1/2') parking space width is measured from the center of one double stripe to the other, such that the space between stripes is seven feet (T). 19. LIGHTING PLAN: The applicant shall submit a lighting plan with the application for building permit. Provide details for the proposed styles for the lighting fixtures for the project, such as building lights, pedestrian- oriented lights, light poles, accent lighting, etc., subject to the approval of the Zoning Administrator. This plan should include photometric contours, manufacturer's specifications on the fixtures and mounting heights. It shall be prepared in accordance with Section 8.252(i) of the Mountain View City Code, indicating that the lighting will not create off -site glare. Every effort shall be made to avoid direct public view of light poles on the rooftop parking structure when viewed from public streets. (PROJECT- SPECIFIC CONDITION) 20. AFFORDABLE HOUSING: Unless a Development Agreement is reached between the City and developer that otherwise addresses the affordable housing issue, in recognition of the need to address the impact of this new market -rate residential rental development on the need for affordable housing in Mountain View, the applicant shall pay any affordable housing impact fee, or similar fair and appropriate mechanism, should such a fee or similar mechanism be adopted by the City for the purpose of providing funds for affordable housing to mitigate the impact of new market -rate residential rental development, prior to the submittal of building permits for the mixed -use building. (PROJECT- SPECIFIC CONDITION) 21. HOUSING IMPACT FEE FOR NONRESIDENTIAL PROJECTS: Prior to the issuance of the first building permit for above - ground construction, applicant shall pay a housing impact fee based on the net new commercial floor area and the fees in effect at the time of building permit issuance. Estimated fee is $180,000. 22. MITIGATION MEASURES: Implementation of the following mitigation measures shall reduce any feasible environmental impacts to less than significant impact: TRANS -1: The San Antonio Road /Miller Avenue intersection should be modified to prohibit left turns from San Antonio Road onto Miller Avenue in the northbound direction, and modified to limit movements on Miller Avenue to right -turns only. Vehicle trips that otherwise would have made these movements would be diverted to the San Antonio Road /Fayette Drive or the San Antonio Road /California Street intersections. Both of these intersections have available capacity for the diverted trips. The project applicant shall be responsible for costs associated with the improvement to the satisfaction of the City Engineer. With the implementation of this mitigation measure, the San Antonio Road /Miller Avenue intersection would operate at acceptable levels of service under all project scenarios. (MITIGATION MEASURE) Page 7 of 31 080- 10 -PCZA TRANS -2: Prior to start of construction, the prime contractor shall prepare a Construction Traffic Management Plan which shall include the following items: • Proposed truck routes to be used, consistent with the City's truck route map. • Construction hours, including limits on the number of truck trips during the a.m. and p.m. peak- traffic periods (7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.), if conditions demonstrate the need. • Proposed employee parking plan (number of spaces and planned locations) to be accommodated within the site. • Proposed construction equipment and materials staging areas, showing minimal conflicts with traffic, pedestrian and bicycle circulation patterns. • Expected traffic detours needed, planned duration and traffic - control plans, including potential sidewalk closures and plans to accommodate vehicular, pedestrian and bicycle detours. The Construction Traffic Management Plan shall be approved by City of Mountain View staff prior to start of construction. (MITIGATION MEASURE) TRANS -3: The project applicant shall be responsible for installing signage or other devices to encourage bicyclists to enter and exit the project site at signalized locations. Specifically, at San Antonio Road, bicyclists should be directed to use the signalized crosswalks at San Antonio Road and Fayette Drive. Additionally, the sidewalk along San Antonio Road between the Hetch- Hetchy right -of -way and Fayette Drive should be widened to facilitate both bicyclists and pedestrians along this section of sidewalk. It is also recommended the sidewalk along San Antonio Road between the Hetch - Hetchy right -of -way and California Street be widened to facilitate bicyclists and pedestrians accessing the bike lanes and sidewalks on California Street. These improvements shall be reviewed and approved by the City. (MITIGATION MEASURE) AIR 1: As a condition of approval, the current and future applicant(s) shall identify and implement the following mitigation measures to the satisfaction of the City Engineer and Community Development Department: • Provide clearly designated transit facilities (e.g., bus bulbs /tumouts, benches, shelters). Provide a parking lot design that includes clearly marked and shaded pedestrian pathways between transit facilities and building entrances. • Provide bicycle lanes and /or paths connected to the community -wide network. • Provide sidewalks and /or paths, connected to adjacent land uses, transit stops and the community-wide network. Design internal project space to favor the pedestrian and maximize safety for children. • Provide secure and conveniently located bicycle storage. Long -term facilities shall consist of one of the following: a bicycle locker; a locked room with standard racks and access limited to bicyclists only; or a standard rack in a location that is staffed and /or monitored by video surveillance 24 hours per day. • Provide preferred parking spaces for vanpools at 1 space per 30 employees, and carpool -only spaces at 1 per 10 employees. Vanpool and carpool spaces may be shared between both modes. • For renters who do not use parking spaces, provide a monthly rent rebate equivalent to the cost of a monthly transit pass on the regional system. • For shopping center employees, implement Transportation Demand Management measures, including a ride - matching program and coordination with regional ridesharing organizations. Page 8 of 31 080- 10 -PCZA • Provide preferential parking spaces for car -share vehicles. These should be set at 1 space per 20 apartments in the residential area and 1 per 30 spaces in the commercial zones. • Provide potential for charging electric vehicles (220 -volt service) at a ratio of I charging space for every 10 parking spaces. This measure should be flexible to allow for variable charging technology among types of vehicles. • Many parking spaces would be shaded because they are below grade or the building is over them. For parking lots exposed to the sun, create areas with 20 percent tree cover within 10 years of construction, in particular, low - emitting, low- maintenance, native drought- resistant trees. Reduces urban heat island effect and requirement for air conditioning. • Parking lots shall be paved with light - colored materials to reduce heat build -up. Coupled with tree shading, this can reduce local temperatures by 6 degrees to 8 degrees Fahrenheit, thus reducing air - conditioning demand and electricity- generation emissions. • As determined by the City, major retail stores shall install energy- reducing shading mechanisms for windows, porch, patio and walkway overhangs. Building shall incorporate reflective surfaces (cool roofs). Savings in air conditioning is estimated at $450 per year. • Commercial buildings shall install low - water /no -water toilets and fixtures. Solar water heating shall be provided in the residential and restaurant buildings. • Residential units shall incorporate low -flow toilets and other fixtures that save water. • The project shall incorporate drought - tolerant landscaping. • Commercial and residential buildings shall use passive heating and cooling systems to the largest extent possible. Annual savings can range from $800 for residential to $4,000 for commercial. • Recycle /reuse demolished construction material. Use locally made building materials for construction of the project and associated infrastructure. • Potential odor - generating zones, such as restaurant kitchen waste storage area, shall be regulated through conditions on the City's Business License. • All new buildings shall be designed with energy efficiency at least 15 percent beyond that required by Title 24 of the State Building Code. (MITIGATION MEASURE) AIR 2a: Consistent with guidance from the BAAQMD, the following actions shall be required of construction contracts and specifications for the project: • All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas and unpaved access roads) shall be watered two times per day. • All haul trucks transporting soil, sand or other loose material off -site shall be covered. • All visible mud or dirt track -out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. • All vehicle speeds on unpaved roads shall be limited to 15 miles per hour. • All roadways, driveways and sidewalks to be paved shall be completed as soon as possible. Page 9 of 31 080- 10 -PCZA • Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. • Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to two minutes. Clear signage shall be provided for construction workers at all access points. • All construction equipment shall be maintained and properly tuned in accordance with manufacturer's specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. • A publicly visible sign shall be posted with the telephone number and person to contact at the City of Mountain View regarding dust complaints. This person shall respond and take corrective action within 48 hours. The BAAQMD's phone number shall also be visible to ensure compliance with applicable regulations. (MITIGATION MEASURE) AIR 2b: Consistent with guidance from the BAAQMD, the following actions shall be required of construction contracts and specifications for the project. The project contractors shall use low VOC coatings beyond the local requirements (i.e., Regulation 8, Rule 3: Architectural Coatings). Examples would be water -based paints and solvents. (MITIGATION MEASURE) AIR 2c: Consistent with guidance from the BAAQMD, the following actions shall be required of construction contracts and specifications for the project: • To the extent feasible, contractors shall use 20 percent biodiesel blends (B20) in construction equipment. This would reduce PM10 emissions by 15 percent to 30 percent, depending on type of engine. • At least 30 percent of construction equipment diesel engines shall meet Tier 2 emission requirements. This measure may require retrofitting engines with diesel particulate filters or other controls. (MITIGATION MEASURE) AIR 3: The City shall require, through its permit process or other means, that restaurants at the proposed project contain potentially odor - causing materials, such as food waste, in containers with tight - fitting lids. These containers shall be emptied regularly and washed per Health Code regulations. If odor complaints occur, the restaurant shall use odor - control measures for the containers, such as applying a wash of bicarbonate of soda on a regular basis. (MITIGATION MEASURE) GCC -1: Implement Mitigation Measure AIR -2. This mitigation measure contains actions to limit construction equipment idling to two minutes, requires maintaining equipment engines in good working order and using 20 percent biodiesel (B20) as much as possible, which would reduce CO, emissions by about 13 percent compared to straight fossil diesel. Early discrete actions by the ARB to implement AB 32 focus on a low- carbon fuel standard. Since B20 is a low - carbon fuel, and with implementation of Mitigation Measure AIR -2, construction emissions would be considered less - than- significant. (MITIGATION MEASURE) GCC -2: Implement Mitigation Measures AIR -1 and AIR -2. (MITIGATION MEASURE) NOISE -la: All construction equipment must have appropriate sound - muffling devices, which shall be properly maintained and used at all times such equipment is in operation. (MITIGATION MEASURE) NOISE -1b: Where feasible, the project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. (MITIGATION MEASURE) NOISE -1c: The construction contractor shall, to the maximum extent practical, locate on -site equipment staging areas so as to maximize the distance between construction - related noise sources and noise - sensitive receptors nearest the project site during all project construction. (MITIGATION MEASURE) Page 10 of 31 080- 10 -PCZA NOISE -1d: All noise - producing construction activities, including warming up or servicing equipment and any preparation for construction, shall be limited to the hours between 7:00 a.m. and 6:00 p.m. on weekdays and Saturdays. No construction shall be permitted on Sundays or official national holidays, except as otherwise authorized by the Chief Building Official. (MITIGATION MEASURE) NOISE -2: All residential units of the proposed project shall include an alternative form of ventilation, such as air - conditioning systems, to ensure that windows can remain closed for prolonged periods of time to meet the interior noise standard of 45 dB(A) LDN established by the City and the Uniform Building Code Requirements. If required to meet the interior noise standard, double -pane windows shall be installed. (MITIGATION MEASURE) GEO -1: For the proposed project and future projects under the Precise Plan Amendments, the design and construction shall be in conformance with, or exceed, current Best Standards for earthquake - resistant construction in accordance with the 2007 CBC, or currently applicable codes and code amendments, and in accordance with the generally accepted standards of geotechnical practice for seismic design in Northern California. In addition, the design for the proposed project shall follow the recommendations of a site - specific, design -level geotechnical investigation report to be prepared by a Certified Engineering Geologist or Geotechnical Engineer. In addition, the following requirements shall be met Analysis presented in the design -level geotechnical investigation report shall conform to the California Division of Mines and Geology recommendations presented in the Guidelines for Evaluating Seismic Hazards in California. All design criteria and specifications set forth in the design -level geotechnical investigation report shall be implemented as a condition of project approval. (MITIGATION MEASURE) GEO -2: The final site - specific, design -level geotechnical investigation report to be prepared by a Certified Engineering Geologist or Geotechnical Engineer for the proposed project, and final site - specific, design -level geotechnical investigation reports for future improvements resulting from implementation of the Precise Plan Amendments, shall include an evaluation of subsurface materials at the site(s). Design for building foundations and improvements (including sidewalks, roads, driveways, parking areas and utilities) shall consider these conditions. The design -level geotechnical investigations shall include measures to ensure potential damage related to compressible materials or soils and nonuniformly compacted fill are minimized. Mitigation options may range from removal of the problematic soils, and replacement, as needed, with properly conditioned and compacted fill to designing and constructing development and site improvements to withstand the forces exerted during the expected settlements. All mitigation measures, design criteria and specifications set forth in the geotechnical investigations and soils reports shall be followed to reduce impacts associated with problematic soils to a less -than- significant level. (MITIGATION MEASURE) GEO -3: The final design -level geotechnical investigation report for the proposed project, and site - specific, design - level geotechnical investigation reports for future improvements resulting from implementation of the Precise Plan Amendments, shall include measures to ensure potential damage related to corrosive soils are minimized. If the geotechnical investigations indicate corrosive soil conditions are present, appropriate measures to mitigate these conditions shall be incorporated into the design of project improvements that may come into contact with site soils. Wherever corrosive soils are found, recommendations shall be made to protect iron, steel and other metals from long -term deterioration caused by contact with corrosive on -site soils. In general, these recommendations are expected to include, but not be limited to, protecting buried iron, steel or other metals using coatings, cathodic protection and /or select backfill materials. (MITIGATION MEASURE) GEO -4: The final site - specific, design -level geotechnical investigation reports for future improvements resulting from implementation of the Precise Plan Amendments shall include measures to ensure potential damage related to expansive soils are minimized. If the geotechnical investigations indicate expansive soil conditions are present, appropriate measures to mitigate these conditions shall be incorporated into the design of project improvements. The report shall include recommendations for foundations and improvements, including sidewalks, parking lots Page 11 of 31 080- 10 -PCZA and subsurface utilities, considering expansive soil conditions and incorporate measures to ensure that potential damage due to expansive potential of soils is minimized. Corrective measures, as recommended by a licensed professional, may include removal and replacement of problematic soils with engineered and compacted fill, proper drainage design or design and construction of improvements to withstand the forces exerted by expected shrink /swell cycles. All design criteria and specifications set forth in the design -level geotechnical investigations shall be implemented to reduce impacts associated with problematic soils to a less - than- significant level. (MITIGATION MEASURE) HYDRO -1 (HAZ -1 and HAZ -2): Consistent with the requirements of the State -wide Construction General Permit, and as required by the City of Mountain View Municipal Code (Section 35.32.10), the project applicant shall prepare and implement a Storm Water Pollution Prevention Plan ( SWPPP) designed to reduce potential adverse impacts to surface water quality through the project construction period. The SWPPP shall be designed to address the following objectives: (1) all pollutants and their sources, including sources of sediment associated with construction, construction site erosion and all other activities associated with construction activity are controlled; (2) where not otherwise required to be under a Water Board permit, all nonstorm water discharges are identified and either eliminated, controlled or treated; (3) site Best Management Practices (BMPs) are effective and result in the reduction or elimination of pollutants in storm water discharges and authorized nonstorm water discharges from construction activity to the BAT /BCT standard; (4) calculations and design details as well as BMP controls for site run -on are complete and correct; and (5) stabilization BMPs installed to reduce or eliminate pollutants after construction are completed. The SWPPP shall prepared by a Qualified SWPPP Developer. The SWPPP shall include the minimum BMPs required in Attachment C of the Construction General Permit for Risk Level l dischargers, Attachment D for Risk Level 2 dischargers or Attachment E for Risk Level 3 dischargers (as applicable, based on final determination of the project's Risk Level status [to be determined as part of the Notice of Intent for coverage under the Construction General Permit]). These include: BMPs for erosion and sediment control, site management /housekeeping /waste management, management of nonstorm water discharges, run -on and runoff controls, and BMP inspection /maintenance /repair activities. BMP implementation shall be consistent with the BMP requirements in the most recent version of the California Stormwater Quality Association Stormwater Best Management Handbook — Construction or the Caltrans Storm Water Quality Handbook Construction Site BMPs Manual. The SWPPP shall include a construction site monitoring program that identifies requirements for dry weather visual observations of pollutants at all discharge locations and, as appropriate (depending on the Risk Level), sampling of the site effluent and receiving waters (receiving water monitoring is only required for some Risk Level 3 dischargers). A Qualified SWPPP Practitioner shall be responsible for implementing the BMPs at the site and performing all required monitoring and inspection /maintenance /repair activities. If the project is Risk Level 2 or 3, the project applicant shall also prepare a Rain Event Action Plan as part of the SWPPP. The following are the types of BMPs that shall be implemented for each development project, subject to review and approval by the Water Board. Erosion Control BMPs: Scheduline. To reduce the potential for erosion and sediment discharge, construction shall be scheduled to minimize ground disturbance during the rainy season. The project applicant shall: — Sequence construction activities to minimize the amount of time that soils remain disturbed. — Stabilize all disturbed soils as soon as possible following the completion of ground disturbing work. Sediment - Control BMPs: Install erosion- and sediment - control BMPs prior to the start of any ground - disturbing activities. Preservation of Existing Vegetation. Where feasible, existing vegetation shall be preserved to provide erosion control. Page 12 of 31 O80- 10 -PC7A • Stabilize Soils. Hydroseeding, geotextile fabrics and mats, mulch or soil binders shall be used, as appropriate, to reduce erosion on exposed soil surfaces. • Stabilize Stream Banks. When working along stream banks or within channels, BMPs shall be implemented to minimize channel erosion and sedimentation. Proper erosion and sediment controls, such as silt fences, mulch, geotextiles and hydroseeding, shall be used. To the extent possible, existing vegetation that stabilizes the stream banks shall be preserved. • Earth Dikes, Drainage Swales and Slope Drains. Earth dikes, drainage swales or slope drains shall be constructed to divert runoff away from exposed soils and stabilized areas, and redirect the runoff to a desired location, such as a sediment basin. • Outlet Protection and Velocity Dissipation Devices. Rock, concrete rubble or grouted riprap shall be installed at culvert and pipe outlets to drainage conveyances, to prevent scour of the soil caused by concentrated high - velocity flows. Sediment Control BMPs: • Silt Fence /Fiber Roll. Silt fences or fiber rolls shall be installed around the perimeter of the areas affected by construction, at the toe of slopes, around storm drain inlets and at outfall areas, to prevent off -site sedimentation. • Street Sweeping and Vacuuming. Areas with visible sediment tracking shall be swept or vacuumed daily to prevent the discharge of sediment into the storm water drainage system or creeks. • Storm Drain Inlet Protection. Storm drains shall be protected using a filter fabric fence, gravel bag barrier or other methods, to allow sediments to be filtered or settle out before runoff enters drain inlets. • Check Dams. Barriers shall be constructed of rock, gravel bags, sand bags or fiber rolls across a constructed swale or drainage ditch, to reduce the effective slope of the channel. This reduces the velocity of runoff, which allows sediment to settle and reduces erosion. • Sediment Trans. Sediment traps shall be constructed where sediment -laden runoff may enter the storm water drainage systems or creeks. Sediment traps are appropriate for drainage areas less than five acres. • Sediment Basins. If used on -site, sediment basins shall be designed according to the method provided in the California Stormwater Quality Association Stormwater BMP Handbook — Construction. Sediment basins are appropriate for drainage areas of five acres or greater. Wind Erosion Control BMPs: • Dust Control. Potable water shall be applied using water trucks to alleviate nuisance caused by dust. Water application rates shall be minimized to prevent erosion and runoff. • Stockpile Management. Silt fences shall be used around the perimeter of stockpiles, and stockpiles shall be covered to prevent wind dispersal of sediment. Tracking Controls: • Stabilized Construction Entrance /Exit. Construction site entrances and exits shall be graded and stabilized to reduce the tracking of mud and dirt onto public roads by construction vehicles. Page 13 of 31 080- 10 -PCZA Stabilized Construction Roadway. Access roads, parking areas and other on -site vehicle transportation routes shall be stabilized immediately after grading is completed, and frequently maintained to prevent erosion and to control dust. Tire Wash. A tire- washing facility shall be installed at stabilized construction access points to allow for tire washing when vehicles exit the site to prevent tracking of dirt and mud onto public roads. Nonstorm Water Controls: Dewaterine. The SWPPP shall include a dewatering plan for noncontaminated groundwater specifying methods of water collection, transport, treatment and discharge. The discharger shall consult with the Water Board regarding any required permit (other than the Construction General Permit) or Basin Plan conditions prior to initial dewatering activities to land, storm drains or receiving waters. Water produced by dewatering shall be impounded in holding tanks, sediment basins or other holding facilities to settle the solids and provide other treatment as necessary prior to discharge to receiving waters. Discharges of water produced by dewatering shall be controlled to prevent erosion. In areas of suspected groundwater contamination, the project applicant shall characterize the groundwater through laboratory chemical analyses and verify appropriate pretreatment and permitting requirements with the Water Board (for discharge to the storm water drainage system) or the City of Mountain View (for discharge into the sanitary sewer system), prior to discharge. Illicit Connection /Discharge Detection and Reporting. Contractors shall regularly inspect the site for evidence of illicit connections, illegal dumping or discharges. Such illicit activities shall immediately be reported to the City. Vehicle and Equipment Cleaning. Construction equipment shall be washed regularly in a designated stabilized area on -site or off -site. Steam cleaning will not be performed on -site. Phosphate -free, biodegradable soaps shall be used for on -site activities. Wash water from on -site activities shall be contained and infiltrated to avoid discharges to drain inlets and creeks. Vehicle and Equipment Fueling and Maintenance. Vehicles and equipment shall be inspected daily for leaks. Perform vehicle maintenance and fueling off -site whenever possible. If maintenance and fueling must take place on -site, designated areas shall be located at least 50' away from storm drain inlets, drainage courses and receiving waters. Fueling areas shall be protected with berms and dikes to prevent run -on, runoff and to contain spills. Fueling shall be performed on level grade. Nozzles shall be equipped with automatic shutoffs to control drips. Stored fuel shall be enclosed or covered. Drip pans shall be used for all vehicle and equipment maintenance activities. Spill kits shall be available in maintenance and fueling areas, and spills shall be removed with absorbent materials and not washed down with water. If spills or leaks occur, contaminated soil and cleanup materials shall be properly disposed. Paving and Grinding Operations. Proper practices shall be implemented to prevent run -on and runoff, and to properly dispose of waste. Paving and grinding activities shall be avoided during the rainy season, when feasible. Waste Management and Materials Pollution Control BMPs: Material Delivery and Storage and Use. Materials such as detergents, concrete compounds, petroleum products and hazardous materials shall be stored in a designated area away from vehicular traffic, drain inlets and creeks. The materials shall be stored on pallets with secondary containment. Spill clean-up materials, material safety data sheets, a material inventory and emergency contact numbers shall be maintained in the storage area. Spill Prevention and Control. Proper procedures shall be implemented to contain and clean up spills and prevent material discharges into the storm drain system. Page 14 of 31 080- 10 -PCZA • Waste Management. Solid waste shall be collected in designated areas, and stored in watertight containers located in a covered area or with secondary containment. Waste shall be removed from the site regularly. Hazardous wastes shall be stored and disposed in accordance with applicable regulatory requirements. • Sanitary /Septic Waste Management. Portable toilets shall be located at least 50' away from drain inlets and water bodies, and away from paved areas. • Stockpile Management. Stockpiles shall be surrounded by sediment controls, covered and located at least 50' from concentrated flows of storm water, inlets and creeks. • Concrete Waste Management. Concrete washout shall be performed off -site, or in a designated area at least 50' away from storm drain inlets or creeks. A temporary pit or bermed area shall be constructed where the waste can be discharged and allowed to set for proper disposal. • Training. Construction site personnel shall receive training on implementing all BMPs included in the SWPPP. A Qualified SWPPP Practitioner shall perform all BMP inspection /maintenance /repair and site monitoring activities. (MITIGATION MEASURE) HYDRO -2: In accordance with the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit, the project applicant shall implement a Storm Water Management Plan to control pollutants in postconstruction storm water runoff and nonstorm water discharges, which shall be submitted for review with the building permit application to the Mountain View Fire Department. The Storm Water Management Plan shall be prepared in accordance with the City of Mountain View Storm Water Quality Guidelines for Development Projects Creating More Than 10,000 Square Feet of Impervious Surface, and shall be prepared under the direction of a professional engineer registered in the State of California. Prior to final sign-off of the building permit, the project applicant, or other party responsible for maintenance, shall enter into a formal storm water BMP operation and maintenance agreement with the City. Unless otherwise required by the City, the responsible party shall inspect the storm water treatment facilities twice per year; once in the fall prior to the start of the rainy season, and once in the winter. On or before April 1 of each year, the party responsible for maintenance shall provide the City with records of all BMP inspections and maintenance. (MITIGATION MEASURE) HAZ -3a: A Phase I ESA shall be conducted in accordance with the current ASTM standard (E1527 -05) for future development associated with the Precise Plan Amendments to determine whether releases of hazardous materials from past land uses could potentially be present in the subsurface soils. Potential releases of hazardous materials identified in the Phase I ESA shall be further evaluated in a Phase II investigation either following demolition or prior to construction and earthwork activities (see Mitigation Measure HAZ -3d). (MITIGATION MEASURE) HAZ -3b: Soils impacted by the former application of agricultural pesticides are excluded from the scope of ASTM Standard E1527 -05 for a Phase I ESA. Since agricultural pesticides could potentially be present in shallow soils throughout the Precise Plan area, the proposed project applicant, as well as applicants for future development associated with the Precise Plan Amendments, shall prepare a Phase II investigation to determine the potential presence of agricultural pesticides in the subsurface. The Phase II investigation shall either be conducted following demolition or prior to construction and earthwork activities (see Mitigation Measure HAZ -3d). (MITIGATION MEASURE) HAZ -3c: A Phase I ESA was completed for the San Antonio Center project in 2009. The Phase I ESA identified potential hazardous materials releases from the Quality Tune -Up, Sears Auto Center and Sears Retail Store on the proposed project site, as well as potential migration of chlorinated solvents in the groundwater from Skyline Cleaners and Camaro Cleaners to the proposed project. In addition to agricultural pesticides (see Mitigation Measure HAZ -3b), the San Antonio Center project applicant shall prepare a Phase Il investigation for the proposed project which shall evaluate the potential releases of hazardous materials identified during the Phase I ESA. The Phase Il investigation shall either be conducted following demolition or prior to construction and earthwork activities (see Mitigation Measure HAZ -3d). (MITIGATION MEASURE) Page 15 of 31 080- 10 -PCZA HAZ -3d: The Phase It investigation for the proposed project site, or any future development associated with the Precise Plan Amendments, (see Mitigation Measures HAZ -3a through HAZ -3c) shall be conducted and evaluated by a licensed professional. If soil and /or groundwater contamination is identified above environmental screening levels applicable to the proposed project (or future land uses in the Precise Plan Amendments area), as developed by the Regional Water Board, the findings of the Phase II investigation shall be submitted to the local and State regulatory agency for determination of potential remediation requirements. Remediation shall be performed in accordance with the regulatory agency requirements for the protection of public health and the environment. Remediation for identified contamination could include, but is not be limited to, source removal of contaminated materials, in -situ treatment, and /or institutional or engineering controls (i.e., deed restrictions on certain land uses, capping of development sites or installation of vapor barriers). The findings of a Phase II investigation shall be used for development of a project- specific Construction Risk Management Plan (CRMP). The CRMP shall delineate specific soil and groundwater management and disposal procedures, construction worker health and safety requirements, and contingency measures in case unknown contamination is encountered during construction, as required in Mitigation Measure HAZ -3e. (MITIGATION MEASURE) HAZ -3e: Construction at the proposed project site, as well as future development associated with the Precise Plan Amendments, shall be conducted under a project- specific CRMP to protect construction workers, the general public and the environment from hazardous materials previously identified in a Phase II investigation (see Mitigation Measures HAZ -3d) or to address the possibility of encountering unknown contamination or hazards in the subsurface. If a Phase II investigation was required, the CRMP shall incorporate the soil and groundwater analytical data to ensure that soil and groundwater are stored, managed and disposed of in a manner protective of human health and the environment, and in accordance with applicable laws and regulations. The CRMP shall include measures for identifying, testing and managing soil and groundwater suspected of containing hazardous materials that have not previously been identified at the site. The CRMP will: (1) provide procedures for evaluating, handling, storing, testing and disposing of soil and groundwater during project excavation and dewatering activities, respectively; (2) describe required worker health and safety provisions for all workers potentially exposed to hazardous materials in accordance with State and Federal worker safety regulations; and (3) designate personnel responsible for implementation of the CRMP. (MITIGATION MEASURE) HAZ -4: Hazardous building materials surveys shall be conducted by a qualified professional for structures proposed for demolition or renovation in the Precise Plan Amendments area and at the proposed project site. ACM shall be included in the hazardous materials building surveys for buildings constructed prior to 1981. Lead -based paint shall be included in all hazardous material surveys. All loose and peeling lead -based paint and ACM shall be abated by a certified contractor(s) in accordance with local, State and Federal requirements. All other hazardous materials, such as "universal wastes," shall be removed from buildings prior to demolition in accordance with DOSH regulations. The findings of the abatement activities shall be documented by a qualified environmental professional(s) and submitted to the City of Mountain View prior to the issuance of construction and demolition permits. (MITIGATION MEASURE) PS -1: The proposed project includes approximately 1 acre of park land. However, since the project applicant will not be dedicating the required additional 1.1 -acre park land to the City, the project applicant would be required to pay the required park in -lieu fee. The in -lieu fee would be based on the fair - market -value of the land that otherwise would have been dedicated. (MITIGATION MEASURE) UTIL -1: The San Antonio Center Project applicant (as well as applicants associated with future development associated with the Precise Plan Amendments) must prepare a wastewater service study that identifies capacity problems and proposed improvements to the satisfaction of the City Engineer. The project applicants shall also be responsible for contributing their fair share towards required improvements, to the satisfaction of City staff. The Page 16 of 31 080- 10 -PCZA applicants shall be responsible for the design and replacement of existing wastewater pipes, and new pipes must be adequate for the anticipated flow from development associated with the ultimate buildout of the Precise Plan Amendment and proposed project. (MITIGATION MEASURE) VIS -la: The specific reflective properties of the project building materials shall be assessed by the City during Design Review prior to approval of development associated with the Precise Plan Amendments or the San Antonio Center project. Design review shall ensure that the use of reflective materials is minimized and that any proposed reflective materials would not create additional daytime or nighttime glare. (MITIGATION MEASURE) VIS -1b: Lighting plans for each development shall be submitted and reviewed as part of each proposed development associated with the Precise Plan Amendments or the San Antonio Center project, and shall be approved by the City prior to issuance of a building permit. This review shall ensure that any outdoor night lighting is downward - facing and shielded such that there will be no light spillover onto adjacent uses (such as proposed residential uses) or properties. (MITIGATION MEASURE) LANDSCAPING 23. LANDSCAPING: Detailed landscape plans encompassing on- and off -site plantable areas out to the curb must be included in the Building Inspection Division application. Minimum plant sizes are flats or 1- gallon containers for ground cover, 5- gallon for shrubs and 24" box for trees. The drawings must be approved by the Zoning Administrator prior to building permit issuance, and implemented prior to occupancy. All plans should be prepared by a licensed Landscape Architect and should comply with the City's Landscape Guidelines. 24. CERTIFICATION: Prior to occupancy, the Landscape Architect shall certify in writing, in a manner acceptable to the Building Inspection Division, that the landscaping has been installed in accordance with all aspects of the approved landscape plans. The Current Planning Division shall confirm the findings of the landscape architect with a field investigation. 25. STREET TREE: The applicant shall complete the "Proposed Street Tree" form available in the Community Development Department. Once completed, the applicant shall return the original to the Parks Division located at 235 North Whisman Road and provide a copy to the Community Development Department. 26. LANDSCAPE SCREENING: All utility meters, lines, transformers, backflow preventers, etc., on -site or off -site, must be shown on all site plan drawings and landscape plan drawings. All such facilities shall be located so as to not interfere with landscape material growth and shall be screened in a manner which respects the building design and setback requirements. 27. FIRE LANE CLEARANCE: All trees are approved in their current locations. Approved trees may require regular tree trimming to maintain the required 20' clearance to a minimum height of 13'6 ". (PROJECT- SPECIFIC CONDITION) HERITAGE TREES 28. IMPLEMENTATION: Heritage trees may be removed during site demolition, subject to the applicant providing adequate security to the Zoning Administrator to cover the planting of replacement trees. (PROJECT- SPECIFIC CONDITION) 29. REPLACEMENT: The applicant shall offset the loss of each Heritage tree with a total of 42 replacement trees (3:1 ratio). Each replacement tree shall be no smaller than 24" and shall be noted on the landscape plan as Heritage replacement trees. (PROJECT- SPECIFIC CONDITION) Page 17 of 31 080- 10 -PCZA SIGNS 30. SIGNAGE: Signing (not included in this proposal) requires separate application. The applicant shall develop an overall master sign program for this property. The program shall identify suitable sign locations, types, sizes, color and materials, and shall be subject to final approval by the Zoning Administrator. (PROJECT- SPECIFIC CONDITION) NOISE 31. MECHANICAL EQUIPMENT: The noise emitted by any mechanical equipment shall not exceed a level of 55 dB(A) during the day or 50 dB(A) during the night, 10:00 p.m. to 7:00 a.m., when measured at any location on the adjoining residentially used property. 32. INTERIOR NOISE LEVELS: Construction drawings must confirm that measures have been taken to achieve an interior noise level of 45 dB(A)Ldn that shall be reviewed and approved by a licensed acoustical engineer prior to building permit submittal. 33. NOISE REDUCTION: To reduce potential noise nuisance to surrounding property owners, the following items shall be listed as "General Notes" on the construction drawings: a. Construction contractors shall muffle and shield intakes and exhausts, shroud or shield impact tools, and use electric - powered rather than diesel - powered construction equipment (as feasible). b. All stationary noise - generating equipment shall be located as far away as possible from neighboring property lines. C. All construction equipment shall be maintained and operated according to manufacturer's maintenance schedules and recommendations to minimize noise and exhaust emissions (particularly nitrogen oxides). CONSTRUCTION PRACTICES AND NOTICING 34. BUILDING PERMITS. Building permits are required for this project. Contact the Building Inspection Division at (650) 903 -6313 for building permit submittal requirements. Attach a copy of this Findings Report to each set of plans submitted for building permits, noting next to each condition how that condition has been satisfied. 35. WORK HOURS: No work shall commence on the job site prior to 7:00 a.m. nor continue later than 6:00 p.m., Monday through Saturday, nor shall any work be permitted on Sunday unless prior approval is granted by the Chief Building Official. At the discretion of the City Chief Building Official, the general contractor or the developer may be required to erect a sign at a prominent location on the construction site to advise subcontractor and material suppliers of the working hours. Violation of this condition of approval may be subject to the penalties outlined in Section 8.6 of the City Code and /or suspension of building permits. (PROJECT- SPECIFIC CONDITION) 36. NOTICE OF CONSTRUCTION: The applicant shall notify neighbors within 300' of the project site of the construction schedule in writing, prior to construction. A copy of the notice and the mailing list shall be submitted prior to issuance of building permits. 37. DISTURBANCE COORDINATOR: The project applicant shall designate a "disturbance coordinator" who will be responsible for responding to any local complaints regarding construction noise. The coordinator (who may be an employee of the general contractor) will determine the cause of the complaint and will require that reasonable measures warranted to correct the problem be implemented. A telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site fence and on the notification sent to neighbors adjacent to the site. Page 18 of 31 080- 10 -PCZA 38. AIR QUALITY: The applicant will be required to secure a permit from the Bay Area Air Quality Management District or provide written assurance that no permit is required prior to issuance of a building permit. 39. RECYCLING OF BUILDING MATERIALS: Demolition contractors shall be required to implement a material recycling program, including material segregation, cleaning, packaging and marketing, and possible on -site reuse of demolition materials. TECHNICAL REPORTS 40. GEOTECHNICAL REPORT: A geotechnical report shall be prepared and submitted as part of the building permit application and evaluated by the Building Official to determine if specific construction requirements are needed to address and mitigate (to the extent possible) geologic hazards of liquefaction or differential settlement. 41. TOXIC ASSESSMENT: A toxics assessment report shall be prepared and submitted as part of the building permit application. The applicant must demonstrate that hazardous materials do not exist on the site, or that construction activities and the proposed use of this site are approved by: the City of Mountain View Hazardous Materials Division of the Fire Department; the State Department of Health Services; the Regional Water Quality Control Board; and any Federal agency with jurisdiction. No building permits will be issued until each agency and /or department with jurisdiction has released the site as clean or an approved site toxics mitigation plan has been approved. OPERATIONAL CRITERIA 42. COMMUTE ALTERNATIVES PROGRAM: The applicant or property manager for the site shall participate in a commute alternatives program aimed at increasing transit use and reducing the need for employees to drive alone to work. The programs shall be provided for all employees (apartment management and retail employees). The commute coordinator is responsible for ensuring that the programs are maintained along with the building's owner. a. The building's owner shall participate in the Santa Clara Valley Transportation Authority's (VTA) Eco -Pass program or comparable transit subsidy program determined by the employees needs. The applicant is required to provide a 50 percent subsidy for transit for an Eco -Pass or equivalent pass for the first three years of development leasing activities. b. The building's owner shall appoint a commute coordinator to manage and monitor the commute alternative programs. A report on the number of people using commute alternatives (alternatives to the single- occupant car) shall be submitted to the Zoning Administrator for each of the first three years following building occupancy and may require annual updates thereafter. The report shall be accompanied by a report on all incentive programs or use of commute alternatives currently being offered to all persons that work in the building. (PROJECT- SPECIFIC CONDITION) Public Works Pe 903 -6311 RIGHTS -OF -WAY 43. PUBLIC UTILITY EASEMENT: Dedicate a public utility easement for all proposed public utilities. The easement shall be kept clear of trees, shrubs and structures and state the property owner shall maintain the vehicle surfacing over the easement, if applicable. 44. PLAT AND LEGAL DESCRIPTION: For all proposed dedication(s), submit a 8.5" by 11" plat (drawing), legal description stamped by a registered civil engineer or land surveyor and a copy of the current preliminary title report or property deed of the owner's property. Page 19 of 31 080- 10 -PCZA 45. RIGHT -OF -WAY ABANDONMENT: Applicant shall have all existing easements abandoned by separate instrument and provide a copy of the recorded document to the City prior to building permit issuance. FEES 46. PARK LAND DEDICATION FEE: Unless otherwise noted in a Development Agreement, the applicant shall pay the Park Land Dedication fee for each new residential unit in accordance with Chapter 41 of the City Code prior to the issuance of the building permit for the mixed -use building (NOTE: Building permits for the underground garage may be issued prior to the payment of the Park Land Dedication fee), except that a credit of 50 percent of the land value of the greenway is approved, subject to the following criteria: (1) the applicant shall provide an exhibit that shows the exact boundary and size of the usable open space in the greenway to determine the exact size of the area being credited; and (2) to ensure that the credited area remains open space, the applicant shall record a covenant, deed restriction or other recorded agreement acceptable to the City for the mixed -use parcel that stipulates the greenway will remain open space with a dog park for the duration of the project, and will remain open to the public, and shall also execute a recordable agreement providing security to the City in an amount equivalent to the Park Land Dedication fee credit to be provided to the City in the event the dog park or other open space is removed, closed to the public or the recreational use is terminated. In the event that this fee is a term of a Development Agreement between the City and the developer, the Development Agreement term shall overrule this condition. (PROJECT- SPECIFIC CONDITION) STREET IMPROVEMENTS 47. STREET AND UTILITY IMPROVEMENTS: Install or reconstruct standard street and utility improvements on El Camino Real and San Antonio Road, including, but not limited to, curbs, gutters, driveways and sidewalks; traffic signal modifications at Fayette Drive and San Antonio Road; storm drain, sanitary sewer and water improvements; curb ramps; streetlight and appurtenances; traffic signal and appurtenances; roadway construction on San Antonio Road and El Camino Real; stripings and markings; median improvements on San Antonio Road; and in -lane bus pads on San Antonio Road. All of this work shall be completed through an excavation permit, which is issued by the Public Works Department. a. EXCAVATION PERMIT: Prior to the issuance of the building permit, submit a complete excavation permit application to the Public Works Department for all applicable work within the public right -of -way. All work within City right -of -way must be consolidated on the site or utility plans. Plans of the work, traffic control plans for work within the public roadway, insurance certificate and endorsement, and permit fees are required with the excavation permit application. b. INSURANCE: Provide a certificate of insurance and endorsement naming the City an additional insured from the entity that will apply for the excavation permit, prior to the approval of the building permit. The insurance coverage amounts are One Million Dollars ($1,000,000) commercial general liability, automobile liability and Workers' Compensation. The insurance requirements are available from the Public Works Department. C. BONDS: An excavation permit bond equal to 100 percent of the approved construction cost of the public improvements within the public right -of -way must be signed and notarized by the permittee and by the surety (bond company). 48. ON- AND OFF -SITE PLANS: Prepare on- and off -site civil improvement plans in accordance with the City's Standard Design Criteria. The plans are to be drawn on 24" by 36" sheets at a minimum scale of 1" = 20'. The plans shall be stamped by a registered civil engineer and shall show all public improvements and other applicable work within the public right -of -way. A traffic control plan indicating the work areas, delineators, signs and other traffic control measures is required for work that impacts traffic on an existing street. On- and off -site civil improvement plans, construction cost estimate and copy of the current preliminary title report or property deed must be submitted together with the first submittal of the building plans. In addition, six sets of on- and off -site civil improvement plans must be submitted to the Public Works Department for divisions within Public Works to Page 20 of 31 080- 10 -PCZA review. The on- and off -site plans must be reviewed and approved by the Public Works Department prior to building permit issuance for the proposed structures. After the plans have been signed by the Public Works Department, 12 black -line sets and one Xerox Mylar (4 mil) set of the plans must be submitted to the Public Works Department prior to the issuance of the building permit. 49. INFRASTRUCTURE QUANTITIES: Submit a construction cost estimate form indicating the quantities of the public street and utility improvements within the public right -of -way with the submittal of the on- and off -site civil improvement plans. The construction cost estimate is used to estimate the cost of street and utility improvements and to determine the Public Works excavation permit fees. 50. ENCROACHMENT RESTRICTIONS: Private steps, fences and retaining walls shall not encroach into the public right -of -way. 51. SPECIAL PAVERS AND CONCRETE: Pavers, colored concrete or textured concrete will not be allowed within the public street or sidewalk. Special scoring patterns may be approved by the City Engineer and may require the applicant to enter into an Encroachment Agreement with the City. 52. CORNER SIGHT TRIANGLE: At street comers and driveways, no sign over Yin height shall be located within a vehicle sight triangle formed by measuring 35' along the front and side property lines. Transportation and Circulation 53. MEDIAN BARRIER: A median barrier will be constructed at the intersection of San Antonio Road and Miller Avenue to eliminate left -turn lanes from San Antonio Road (northbound) to Miller Avenue and left -turn lanes from San Antonio Road (southbound) to the project site. The median improvement design must be submitted to the City for review and approval prior to final building permit approval for this development. The project applicant shall be responsible for costs associated with the improvements to the satisfaction of the City Engineer. 54. CONSTRUCTION TRAFFIC MANAGEMENT PLAN: As part of the building permit application, the applicant shall prepare a Construction Traffic Management Plan which shall include the following items: a. Proposed truck route to be used, consistent with the City's truck map route b. Construction hours, including limits on the number of truck trips during the a.m. and p.m. peak traffic periods (7:00 a.m. to 9:00 a.m., and 4:00 p.m. to 6:00 p.m.), if conditions demonstrate the need. C. Proposed employee parking plan (number of spaces and planned locations) to be accommodated within the site. d. Proposed construction equipment and materials staging areas, showing minimal conflicts with traffic, pedestrian and bicycle circulation patterns. e. Expected traffic detours needed, planned duration and traffic - control plans, including potential sidewalk closures and plans to accommodate vehicular, pedestrian and bicycle detours. The Construction Traffic Management Plan shall be approved by the City of Mountain View along with the building permit. 55. BUS STOPS: Both the City and the Valley Transportation Authority (VTA) must approve the design and locations of two bus stops and a temporary bus stop along the project frontage of San Antonio Road. 56. FAYETTE DRIVE TRAFFIC SIGNAL: Significant modifications to the existing traffic signal at San Antonio Road and Fayette Drive are required due to the project. Additional pedestrian amenities at the intersection, including Page 21 of 31 080- 10 -PCZA enhanced median refuge, reduced curb radii, etc., should be included. These improvements must be addressed in the civil plans for review and approval by the City. UTILITIES 57. WATER AND SEWER SERVICE: Each residential building, restaurant or place of business shall have its own water meter and sanitary sewer lateral in accordance with City Code Section 35.38. Submetering by the developer may be allowed. The intent of individual metering is primarily to allow individual users to have data on their water consumption and to encourage water conservation efforts. All existing services are to be abandoned with new services to be installed. 58. SEPARATE IRRIGATION SERVICE: Domestic water and irrigation services shall have separate lines connected to the City main. 59. SEPARATE FIRE SERVICE: Domestic water and fire services shall have separate lines connected to the City's water main, except when supplying NFPA 13D fire sprinkler systems as approved by the City Fire Protection Engineer. On -site fire lines, post indicator valves, Fire Department connections and detector checks also require approval from the City's Fire Protection Engineer. 60. WATER METER BANK: The water meters shall be arranged in a bank of meters adjacent to the public sidewalk. The bank of water meters shall not be located next to the main driveway entrance so as not to impact the aesthetics of the entrance. 61. WATER AND SEWER APPLICATIONS: Prior to the issuance of the building permit, complete applications for water and sewer service for new water services, water meters, fire services or sewer laterals are required. 62. UTILITY SERVICES: The size and location of all existing and new water meters, backflow preventers, water services, fire services, sewer laterals, sewer cleanouts, gate valves and utility mains are to be shown on the plans. Sewer laterals, water services and fire services shall have a minimum 5' horizontal separation from each other. Existing water services shall be shown to be disconnected and plugged at the main. Water services 4" or larger shall be plugged at the main by removing the gate valve and installing a blind flange and thrust block at the tee. Existing sanitary sewer laterals and storm connections shall be abandoned, and existing face -of -curb drains shall be removed. 63. BACKFLOW PREVENTER: Aboveground reduced - pressure backflow preventers are required for all new and existing City water services. Backflow preventers shall be located directly behind the water meter or as reasonably close as possible at a location preapproved by the Public Services Division and screened from view with landscaping. 64. SANITARY SEWER WASTEWATER STUDY: The San Antonio Center project applicant must prepare a wastewater service study that identifies any capacity issues and proposed improvements to the satisfaction of the City Engineer. The project applicants shall also be responsible for contributing their fair share toward required improvements to the satisfaction of City Engineer. The applicants shall be responsible for the design and replacement of existing sanitary sewer facilities to adequately provide for the anticipated flow from development associated with the ultimate build -out of the Precise Plan amendment and proposed project. 65. UNDERGROUND SERVICES: All new and existing electric, telephone and cable television services serving the site are to be placed underground in the public right -of -way (including transformers). The undergrounding of the new and existing electric, telephone and cable television services is to be completed prior to issuance of an occupancy certificate for any new buildings within the site. Aboveground transformers shall be located so they are screened or not visible from the street or to the general public as approved by the Community Development and Public Works Departments. Temporary overhead services as allowed by the Building Division are not subject to this condition. Page 22 of 31 080- 10 -PCZA 66. JOINT UTILITY PLANS: Submit joint utility plans showing the location of the proposed electric, gas, telephone and cable television conduits and vaults. These plans shall be combined and made a part of the improvement plans. Dedicate utility easements that are necessary for the common utility as a separate instrument. New utility vaults may not be placed within a public sidewalk. 67. UTILITIES CONTINUITY PLAN: The applicant must provide a utilities continuity plan to the City as part of the building plans, which provides continued service of all existing utilities for adjacent property owners during construction. This must be submitted as part of the building plan set. SIDEWALKS AND DRIVEWAYS 68. ADA REQUIREMENT: All new sidewalks and access ramps shall comply with the Americans with Disabilities Act (ADA) requirements. Existing nonconforming access ramps shall be reconstructed to comply with the ADA requirements. A minimum 4' wide public sidewalk shall be provided behind new driveway approaches. Tapers (conforms) shall be provided to connect the proposed public sidewalk on each side of the proposed driveway. 69. CURB, GUTTER, SIDEWALK, DRIVEWAY AND STORM DRAIN GRATE/BOX IMPROVEMENTS: The entire curbs, gutters, sidewalks, driveways, and storm drain grates and boxes along the project frontages of El Camino Real and San Antonio Road are damaged and must be replaced. The specific areas and limits of the replacement work shall be drawn on the plans. 70. RED CURB AT CROSSWALKS: Street curbs that are located within fifteen feet (15) of a public crosswalk shall be painted red within the public right -of -way. RECYCLING 71. RECOLOGY MOUNTAIN VIEW: Recology Mountain View is the City's exclusive hauler for recycling and disposal of construction and demolition debris. For all debris boxes, contact Recology. Using another hauler may violate Mountain View City Code Sections 16.13 and 16.17 and result in code enforcement action. 72. CONSTRUCTION AND DEMOLITION ORDINANCE: This project must comply with the City's Construction and Demolition Ordinance (Mountain View City Code Chapter 16, Article III). Solid Waste 73. TRASH AND RECYCLING PLAN: A final trash and recycling plan, subject to the approval of the Solid Waste Program Manager, shall be provided prior to submittal of building permit applications for each building. The plan shall indicate, at a minimum: the exact location of trash and recycling bin staging and truck pick -up areas so hauler access can be verified; identification of the party responsible for each trash /recycling area and for staging bins; a plan to facilitate trash /recycling service during construction if residential and commercial units are occupied on a phased basis. 74. RESIDENTIAL COLLECTION: Dual stream bin collection of recyclables will be allowed as an exception to the normal service delivery system. A three -chute system for residential buildings is required (for trash, for container recycling and for mixed -paper recycling); however, recyclables may be collected in bins rather than carts. Recycling capacity should be planned for every other week service, but weekly service may be requested it needed. Twice - weekly trash collection (rather than standard weekly service) is allowed for Building 3 to reduce the number of trash bins needed. 75. HAULER ACCESS: Where hauler must access multiple recycling and trash bins from staging rooms, the rooms must be designed with doors that can remain open during transfer of bins to pick -up area (no automatically closing doors). Roll -out fees may apply. Page 23 of 31 080- 10 -PCZA 76. PAVING: Provide a smooth, paved, level surface from inside trash areas to pick -up location. Path of bin travel down sidewalk/ driveway curb cuts is acceptable if no ADA armor -tile is included. 77. DESCRIPTION OF SYSTEMS: Provide a plan and written description of the trash and recycling systems that will service each of the planned retail areas (other than those in the residential buildings), for approval by the Solid Waste Program Manager. Include, at a minimum, the following information: a. How trash and recyclables are planned to be handled for each retail area (including proposed grocery store, pharmacy /retail store and the future retail pad buildings). b. Which enclosures are to service which uses. C. The material flow expected from the user that will access the enclosure. d. How the enclosure will be accessed by the service hauler. e. Any other relevant information that describes the planned trash and recycling system. f. The following must be considered for the trash and recycling areas: — Adequate and accessible area for the collection and loading of recyclables is required. The recycling area must be located so that it is as convenient as the trash area; — Refer to "Trash and Recycling Space Guidelines" available from the Planning Division or Public Works Department for general guidelines regarding generation and bin /enclosure sizes; — Trash and recycling service cannot occur in covered or below -grade areas. Services for commercial trash and recycling are provided via front -load vehicles (for bins) and roll -off vehicles (for compactors) which require sufficient overhead clearance. Bins and compactors must be located at, or brought by the building occupant to (in the case of bins) areas with sufficient overhead clearance. STREET TREES 78. STREET TREES: Install standard City street trees along the street frontage. 79. STREET TREE LOCATION: The location of existing trees to remain, existing trees to be removed and new street trees shall be shown on the grading, utility and landscaping plans. New street trees are to be planted a minimum of 10' from sanitary sewer lines and 5' from water lines, fire lines and driveways in accordance with Detail F -1 of the Standard Provisions. New street tree species must be selected from the City's official street tree list and as approved by the City's Parks and Open Space Division per Proposed Street Tree Form (CD -51). 80. STREET TREE IRRIGATION: Street trees are to be irrigated by the property owner in accordance with Chapter 32 of the City Code. GRADING AND DRAINAGE IMPROVEMENTS (ON -SITE) 81. DRAINAGE PLANS: On -site drainage plans shall be included in the building plans. 82. DRAINAGE REQUIREMENTS: On -site parking lots and driveways (other than SFR) shall not surface -drain across public sidewalks or driveway aprons. A 2'x 2' inlet /cleanout box is required at or near the property line for connections to the City storm drains. For developments that do not require a subdivision map, a connection to the City's storm main requires: (1) a written request to the Public Works Director; (2) payment of storm drainage fees; and (3) approval from the Public Works Department, unless the storm drainage fees were paid in the past for the property. A face -of -curb inlet /outlet is required to drain into the curb of the street. Page 24 of 31 080- 10 -PCZA 83. STORM DRAIN HOLD HARMLESS AGREEMENT: As portions of the site are or will be lower than the adjacent public street or the surface grade over the City's storm mains, before approval of the building permit, the owner shall sign an agreement to hold the City harmless against storm surcharges or blockages that may result in on -site flooding or damage. 84. SANITARY SEWER HOLD HARMLESS AGREEMENT: If the sanitary sewer connection(s) inside the structure(s) is /are less than 1' above the rim elevation of the upstream sanitary sewer manhole, before approval of the building permit, the owner shall sign an agreement to hold the City harmless against sewer surcharges or blockages that may result in on -site damage. 85. SURFACE WATER RELEASE: Provide a surface storm water release for the lots, driveways, alleys and private streets that prevents the buildings from being flooded in the event the storm drainage system becomes blocked or obstructed. MISCELLANEOUS 86. WELL QUESTIONNAIRE: Complete a Santa Clara Valley Water District well questionnaire, and return it to the Public Works Department. Well questionnaire forms are available from the Public Works Department. All existing wells shall be shown on the site plans as to remain or be sealed in accordance with the Santa Clara Valley Water District standards. 87. CALTRANS PERMIT: Apply for a Caltrans Encroachment Permit for all work within Caltrans' jurisdiction (EI Camino Real). Work within the State right -of -way must be in accordance with Caltrans requirements. Provide a copy of the Encroachment Permit to the City prior to building permit issuance. 88. STREET CLEANING: The owner /developer shall comply with, and the off -site and grading drainage and utility plans shall include, a general note as follows: "The prime contractor or developer is to hire a street cleaning contractor to clean up dirt and debris from City streets that are attributable to the development's construction activities. The street cleaning contractor is to have the capability of washing the streets from a tanker truck with a high- pressure nozzle with reclaimed water, where feasible, and /or sweeping the streets with both a broom -type sweeper and a regenerative air vacuum sweeper, as directed by the Public Works Director, or his /her designated representative." 89. OCCUPANCY RELEASE: For residential developments, no residential units will be released for occupancy unless the improvements to be constructed to City standards and /or to be accepted for maintenance by the City, including water meters and sanitary sewer cleanouts, are substantially complete per the City of Mountain View Standard Provisions for Public Works construction. For phased developments, portions of the units may be released for occupancy, at the City's sole discretion, provided that all public and private improvements, conditions of approval and Building Code requirements that are necessary to support the units to be released for occupancy have been completed as determined by the City. When all of the improvements are complete and /or ready for acceptance for maintenance by the City Council, the remaining units may be released for occupancy, provided that all other conditions of approval and Building Code requirements have been met. The Public Works Director shall make the determination of what public improvements are substantially complete. 90. OCCUPANCY RELEASE: For commercial developments, no buildings will be released for occupancy until the off - site improvements to be constructed to City Public Works standards and /or accepted for maintenance by the City are complete and ready for acceptance. 91. PRELIMINARY TITLE REPORT: Submit a current preliminary title report or land deed indicating the exact name of the current legal owners of the property, their type of ownership (individual, partnership, corporation, etc.) and legal description of the property involved to the Public Works Department. This information is required for the preparation of Public Works agreements and documents. Page 25 of 31 080- 10 -PCZA 92. LOT MERGER: The applicant's site is located on six separate parcels of land as shown on the existing map, and the proposed buildings are located over the interior property lines. Prior to the issuance of any building permits, the applicant must legally merge the properties with a lot line adjustment. To merge properties by a lot line adjustment, submit an application and plat (8.5" by 11" map showing the lot lines to be removed prepared by a land surveyor or civil engineer) of the proposed merged property to the Community Development Department for review by the Subdivision Committee. After receiving conditions of approval from the Subdivision Committee, submit to the Public Works Department the plat, legal description of the merged property, preliminary title report and proposed deed to merge the properties. (The owner eventually will need to deed the resultant parcels to himself.) The Public Works Department will prepare a Notice of Lot Line Adjustment Approval document that must be signed and notarized by the property owner and trustees. After the documents have been approved and signed by the Public Works Department, the applicant's title company must record the Notice of Lot Line Adjustment Approval concurrent with the deeds to merge the properties. Building Inspection Division —(650) 903 -6313 93. BUILDING CODES: At time of submittal, plans will need to meet the codes currently adopted by the City of Mountain View Building Division. As of today, the current adopted codes are the 2010 California Building, Fire, Electrical, Mechanical and Plumbing, as well as CALGreen. This may include the new Mountain View Green Building Ordinance if it is in effect on the date your plans are submitted to the Building Division. All building code issues will be reviewed for this project as part of the Building plan check process and not the Planning process. Plan check review will be part of the separate building permit application process once the Planning approvals have been obtained. No construction work can be commenced without an appropriate building permit. Fire Department —(650) 903 -6343 FIRE PROTECTION SYSTEMS AND EQUIPMENT 94. FIRE SPRINKLER SYSTEM: Provide an automatic fire sprinkler system to be monitored by a central station monitoring alarm company. This monitoring shall include water flow indicators and tamper switches on all control valves. Three (3) sets of shop - quality drawings shall be submitted for review and approval. All work shall conform to NFPA 13 (2010 Edition), NFPA 72 (2010 Edition) and Mountain View Fire Department specifications. Call the Building Inspection Division at (650) 903 -6313 for a copy of specifications and submittal requirements. (Mountain View City Code, Sections 14.10.41, 14.10.42 and California Fire Code, Section 903.) 95. STANDPIPE SYSTEM: Provide a Class III standpipe system. (Mountain View City Code, Sections 14.10.44, 14.10.45,14.10.46 and 14.10.47 and California Fire Code, Section 905.) 96. FIRE PROTECTION DURING CONSTRUCTION: Every building four (4) stories or more in height shall be provided with not less than one (1) standpipe for use during construction. Such standpipe(s) shall be installed when the progress of construction is not more than 40' in height above the lowest level of Fire Department access. Such standpipe(s) shall be provided with Fire Department hose connections at accessible locations adjacent to usable stairs, and the standpipe outlets shall be located adjacent to such usable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. In each floor, there shall be provided a 2-1/2" valve outlet for Fire Department use. (California Fire Code, Chapter 14, and Mountain View City Code, Sections 14.10.49 and 14.10.50.) 97. FIRE HYDRANTS: Hydrants in accordance with the Department of Public Works Standard Provisions, shall be located every 300'. 98. FIRE EXTINGUISHERS: Install one 2- A:10 -B:C fire extinguisher for every 50'/75' of travel or every 3,000 square feet. Fire extinguisher locations shall be indicated on the architectural floor plans. (California Code of Regulations, Title 19, Chapter 3 and California Fire Code, Section 906.) Page 26 of 31 080- 10 -PCZA 99. FIRE EXTINGUISHERS: Install Class K fire extinguishers in the commercial cooking equipment areas. (California Code of Regulations, Title 19, Chapter 3 and California Fire Code, Section 904.11.5.) 100. FIRE EXTINGUISHING SYSTEMS: Submit three (3) sets of shop - quality drawings for the cooking appliance fire extinguishing system(s). Call the Building Inspection Division at (650) 903 -6313 for a copy of specifications and submittal requirements. (California Fire Code, Section 904.2.1.) 101. AUTOMATIC/MANUAL FIRE ALARM SYSTEM: Provide an approved automatic/ manual fire alarm system in accordance with California Fire Code and Mountain View Fire Department specifications. Three (3) complete sets of fire alarm system shop - quality drawings shall be submitted for review and approval. Prior to occupancy, the system shall be field- tested, approved and in service. Provisions shall be made for monthly testing, maintenance and service. Call the Building Inspection Division at (650) 903 -6313 for a copy of specifications and submittal requirements. (California Fire Code, Section 907 and Mountain View City Code, Section 14.10.48.) 102. SMOKE ALARMS: All residential occupancies shall be provided with California State Fire Marshal - listed smoke alarms. Smoke alarms shall be installed in accordance with the California Building Code and the approved manufacturer's instructions. (California Fire Code, Section 907.) FIRE DEPARTMENT ACCESS 103. LOCKBOX: Install an approved key lockbox per the Fire Protection Engineer's directions. Call the Building Inspection Division at (650) 903 -6313 for instructions. (California Fire Code, Section 506.) 104. KEYSWITCH: Install an approved keyswitch per the Fire Protection Engineer's directions. Call the Building Inspection Division at (650) 903 -6313 for instructions. (California Fire Code, Section 506.) 105. FIRE APPARATUS ACCESS ROADS: Access roads shall have 136" unobstructed vertical clearance, 20' of unobstructed width (26' where building occupied floors exceed 30' height) and minimum turning radii of 21' (inside turning radius) and 3T (outside turning radius). Unobstructed width shall mean a clear travelway, excluding parking width and designed for an emergency vehicle weight of 70,000 pounds. Unobstructed width shall not include the width of rolled curbs, sidewalks or nondrivable surfaces. (California Fire Code, Section 503 and Mountain View City Code, Sections 14.10.29, 14.10.30, 14.10.31, 14.10.32.) 106. FIRE LANE MARKING: "NO PARKING —FIRE LANE" signs shall be posted along fire lanes and curbs shall be painted red with the words: NO PARKING —FIRE LANE stenciled in white on the top and side of the curb. Call the Building Inspection Division at (650) 903 -6313 for specifications and application. (California Fire Code, Section 503.) 107. ALL - WEATHER FIRE APPARATUS ACCESS ROADS: Prior to combustible construction, an all- weather access road capable of supporting emergency vehicles (70,000 pounds) shall be constructed to allow access within 150' of every portion of the project. Access roads shall have 13'6" overhead clearance, 20' of unobstructed width and 21' inside turning radius. (California Fire Code, Section 503.) 108. STRETCHER REQUIREMENTS: In all structures four (4) or more stories in height, at least one elevator shall be provided with a minimum clear distance between walls or between walls and door excluding return panels, of not less than 80" by 54 ", and a minimum distance from wall to return panel of not less than 51" with a 42" side slide door, unless otherwise designed to accommodate an ambulance -type stretcher 84" by 24" in the horizontal position. (California Building Code, Section 3002.) Page 27 of 31 080- 10 -PC7A EGRESS AND FIRE SAFETY 109. EXIT ILLUMINATION: Exit paths shall be illuminated anytime the building is occupied with a light having an intensity of not less than one footcandle at floor level. Power shall normally be by the premises wiring with battery backup. Exit illumination shall be indicated on the Electrical Plans. (California Building Code, Section 1006.) 110. EXIT SIGNS: Exit signs shall be internally or externally illuminated and provided with battery backup per Uniform Building Code Chapter 10. Exit signs shall be posted above each required exit doorway and wherever otherwise required to clearly indicate the direction of egress. (California Building Code, Section 1011.) 111. FLOOR -LEVEL EXIT SIGNS: Floor -level exit signs shall be provided in all interior exit corridors of Group A, E, I and Group R2.1 occupancies and in all interior rated exit corridors serving guest rooms of hotels in R1 occupancies. (California Building Code, Section 1011.) 112. EXIT DOORS IN GROUPS A, E, H AND I OCCUPANCIES: Exit doors shall be provided with approved panic hardware. (California Building Code, Section 1008.1.10.) 113. GROUP A OCCUPANCIES: Buildings or portions of buildings used for assembly purposes shall conform to all requirements of Title 19 and the Uniform Building Code. This shall include, but is not limited to: (1) two exits; (2) fire - retardant drapes, hangings, Christmas trees or other similar decorative material; and (3) posting of a maximum occupant load sign. (California Code of Regulations, Title 19, Sections 3.08, 3.21 and 3.30.) 114. GROUP A, E, I AND R -1 OCCUPANCIES: Decorative Materials: All drapes, hangings, curtains, drops and all other decorative material, including Christmas trees, shall be made from a noncombustible or fire - resistive material or maintained in a flame - retardant condition by means of an approved flame- retardant solution or process approved by the California State Fire Marshal. (California Code of Regulations, Title 19, Sections 3.08 and 3.21.) 115. INTERIOR WALL AND CEILING FINISH: Interior finishes shall have a flame- spread rating in accordance with the California Building Code, Chapter 8 and California Code of Regulations, Title 19, Section 3.21. 116. POSTING OF ROOM CAPACITY: Any room used for assembly purposes shall have the capacity of the room posted in a conspicuous place near the main exit from the room. (California Building Code, Section 1004.3.) 117. ON -SITE DRAWINGS: Submit two (2) 8 -1/2" x 11" plot plan drawings according to Mountain View Fire Department specifications prior to final certificate of occupancy. 118. STAIRWAY ID SIGNS: In buildings four (4) or more stories in height, approved stairway identification signs shall be located at each floor level in all enclosed stairways. The sign shall identify the stairway, indicate whether there is roof access, the floor level, and the upper and lower terminus of the stairway. The sign shall be located 5' above the floor landing in a position which is readily visible when the door is in the open or closed position. (California Building Code, Section 1022.8.) EXTERIOR IMPROVEMENTS 119. PREMISES IDENTIFICATION: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Address signs shall be a minimum of six (6) inches in height. (Mountain View City Code, Section 14.10.34.) OTHER 120. A FIRE PROTECTION CONSULTANT MAY BE REQUIRED: Provide a technical opinion and report which shall be prepared by a fire protection consultant (a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the Fire Chief) that shall analyze the fire safety properties of the design, operation or use Page 28 of 31 080- 10 -PCZA of the buildings or premises and the facilities and appurtenances situated thereon and incorporate any changes as may be necessary based on the recommendations. Sample duties of the consultant may include: • Review of architectural, mechanical, electrical, fire sprinkler, fire alarm drawings as they pertain to fire protection. • Prepare a written report identifying deficiencies. • Attend meetings that may be required by the Fire Department. • Review changes to drawings and specifications. • Make visits to construction sites to assist the Fire Protection Engineer as requested. 121. EMERGENCY ESCAPE OPENING ACCESS: Provide clear space and ladder pads at ground level for emergency escape opening access in R and I -1 occupancies. Ladder pads shall be accessible by fire crews with a three - section, 12' long ladder. Awnings and window shades shall be designed to not interfere with ladder access. (California Building Code, Section 1029.) 122. EMERGENCY RESPONDER RADIO COVERAGE: All buildings shall have approved radio coverage for emergency responders within the building. (California Fire Code, Section 510 and Appendix J.) 123. FDCs: Show FDCs at each DDC location and not at the individual buildings. (PROJECT- SPECIFIC CONDITION) 124. FIRE HYDRANT LOCATIONS: Show public fire hydrant locations on El Camino Real. (PROJECT- SPECIFIC CONDITION) 125. SECTIONAL CONTROL VALVES: Add sectional control valves for fire main system (aboveground PIVs). (PROJECT- SPECIFIC CONDITION) 126. LANDSCAPE: Show locations of hydrants FDC and PIVs and no plantings within 3'. (PROJECT- SPECIFIC CONDITION) 127. CURBS: Provide a plan that shows location of curbs required to be painted red and stenciled as fire lanes and locations of fire lane. No Parking signs at each entry. (PROJECT- SPECIFIC CONDITION) Environmental Safety Division —(650) 903 -6378 URBAN RUNOFF 128. CHECK SHEET: Complete a "Storm Drain /Sanitary Sewer Discharges" check sheet. Contact the Fire and Environmental Protection Division of the Fire Department at (650) 903 -6378 to obtain a copy. All applicable items in the check sheet should be completed and shown on the building plan submittal. 129. STORM WATER POLLUTION PREVENTION PLAN: A "Notice of Intent" (NOI) and "Storm Water Pollution Prevention Plan" (SWPPP) shall be prepared for construction projects disturbing one (1) acre or more of land. Proof of coverage under the State General Construction Activity Storm Water Permit shall be attached to the building plans. Contact the Fire and Environmental Protection Division of the Fire Department at (650) 903 -6378 to obtain further information and guidelines regarding preparation of these documents. 130. STORM DRAIN SYSTEM: All construction projects shall be conducted in a manner which prevents the release of hazardous materials, hazardous waste, polluted water and sediments to the storm drain system. Refer to the City of Page 29 of 31 080- 10 -PCZA Mountain View document, "It's In the Contract But Not in the Bay," for the specific construction practices required at the job site. Contact the Fire and Environmental Protection Division of the Fire Department at (650) 903 -6378 to obtain a copy of this document. 131. SANITARY SEWER CLEANOUT: Swimming pools, spas and fountains shall be installed with a sanitary sewer cleanout in a readily accessible nearby area to allow for draining. 132. LANDSCAPE DESIGN: Landscape design shall minimize runoff and promote surface filtration. Examples include: a. No steep slopes exceeding 10 percent; b. Using mulches in planter areas without ground cover to avoid sedimentation runoff; C. Installing plants with low water requirements; and d. Installing appropriate plants for the location in accordance with appropriate climate zones. Identify which practices will be used in the building plan submittal. 133. IRRIGATION: Common areas shall employ efficient irrigation to avoid excess irrigation runoff. Examples include: a. Setting irrigation timers to avoid runoff by splitting irrigations into several short cycles; b. Employing multi- programmable irrigation controllers; C. Employing rain shutoff devices to prevent irrigation after significant precipitation; d. Use of drip irrigations for all planter areas which have a shrub density that will cause excessive spray interference of an overhead system; and e. Use of flow reducers to mitigate broken heads next to sidewalks, streets and driveways. Identify which practices will be used in the building plan submittal. 134. ONGOING MAINTENANCE: The following ongoing maintenance shall be provided: a. Private streets shall be swept at least four times per year; b. Private storm drain inlets shall be cleaned at least once per year prior to October 15; and C. Common area trash management and litter control. Attach a copy of the contract or maintenance agreement identifying the name, address and phone number of the party carrying out these maintenance activities. 135. STORM DRAIN INLET: Storm drain inlets shall be labeled in accordance with the City's storm drain inlet label program ( "No Dumping, Flows to Bay "). Page 30 of 31 080- 10 -PCZA 136. LOADING DOCKS /HAZARDOUS MATERIALS: Loading docks used for hazardous materials or hazardous waste shipping/ receiving shall be designed to prevent the run -on of storm water and runoff of spills by all of the following: a. Paving the dock with concrete or other nonpermeable surface; b. Covering the dock or installing a rain sensor which automatically opens the storm drain in the dock; and C. Sloping the dock inward (negative slope) or installing a berm or curb around its perimeter. There shall be no storm drains in the loading docks unless they are normally in the closed position and interlocked to open when triggered by the rain sensor. 137. OUTDOOR STORAGE AREAS: Outdoor storage areas (for storage of equipment or materials which could decompose, disintegrate, leak or otherwise contaminate storm water runoff) shall be designed to prevent the run -on of storm water and runoff of spills by all of the following: a. Paving the area with concrete or other nonpermeable surface; b. Covering the area; and C. Sloping the area inward (negative slope) or installing a berm or curb around its perimeter. There shall be no storm drains in the outdoor storage area. 138. TREATMENT SYSTEMS: For multiple -level parking garages, interior levels shall be connected to an approved wastewater treatment system discharging to the sanitary sewer. Treatment systems require engineered drawings. Design criteria are available from the Fire and Environmental Protection Division of the Fire Department at (650) 903 -6378. All treatment systems connected to the sanitary sewer require a wastewater discharge permit. Contact the Fire and Environmental Protection Division of the Fire Department at (650) 903 -6378 to obtain a permit application. 139. STORM WATER RUNOFF: Storm water runoff shall be directed to approved permanent treatment controls as required in the City's manual titled, "Storm Water Quality Guidelines for Development Projects." The City's manual also describes the types of projects that are exempt from this requirement. Contact the Fire Department at (650) 903 -6378 to obtain a copy of "Storm Water Quality Guidelines for Development Projects." The "Storm Water Quality Guidelines for Development Projects" manual requires applicants to submit a Storm Water Management Plan, including information such as the type, location and sizing requirements of the treatment controls that will be installed. Include the Storm Water Management Plan with the building plan submittal. The Storm Water Management Plan must include a stamped and signed certification by a qualified Engineer, stating that the Storm Water Management Plan complies with the City's guidelines and the State NPDES Permit. Storm Water treatment controls required under this condition may be required to enter into a formal recorded self- inspection and maintenance agreement with the City. NOTE: Community Development Department project approvals may be approved for up to an additional two years after public hearing review by the Zoning Administrator, pursuant to Section A36.84.020(B) of the City Code. An application for extension must be filed with the Community Development Department, including appropriate fees, no later than 30 days before the end date of this approval (two calendar years after the date of findings stated on this Findings Report). Page 31 of 31 080 -10 -PCZA NOTE: In compliance with the California Environmental Quality Act (CEQA), a Final Environmental Impact Report (EIR) and Statement of Overriding Consideration were prepared for the project in conformance with the California Environmental Quality Act (CEQA). PETER GILLI, ZONING ADMINISTRATOR PG /NM /7 /FDG 080- 10 -PCZAA Attachment 4 ORDINANCE NO. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT FOR THE SAN ANTONIO CENTER PROJECT AT 455 SAN ANTONIO ROAD THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findings and Purpose. The City Council of the City of Mountain View does hereby find as follows: 1. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 to 65869.5, authoriz- ing municipalities to enter into development agreements in connection with the development of real property within their jurisdiction by qualified applicants with a requisite legal or equitable interest in the real property which is the subject of such development agreement. 2. The purpose of Government Code Sections 65864 to 65869.5 is to authorize municipalities, in their discretion, to establish certain development rights in real property for a period of years regardless of intervening changes in land use regulations. As authorized by Government Code Section 65865(c), the City adopted Ordinance No. 20.94 on November 9, 1994, establishing the procedures and requirements for consideration of development agreements within the City. 3. MGP IX REIT, LLC (the "Applicant ") is a California Limited Liability Company. Applicant is the legal owner of an approximately 16.3 -acre site located at the northeast corner of El Camino Real and San Antonio Road in the City of Mountain View, California (the "Property"). 4. The Applicant is proposing to build a new mixed -use development with approximately 311,000 square feet of leasable retail, commercial and restaurant space and up to 350 residential units on a portion of the Property (the 'Project "). 5. On May 25, 2011, after conducting a duly noticed public hearing pursuant to City Code Section A36.80, the Zoning Administrator recommended that the proposed terms of a Development Agreement be approved by the City Council based on the required findings listed in City Code Section A36.76 and determined that the Development Agreement: (i) is consistent with the objectives, policies, general land uses and programs specified in the General Plan and San Antonio Center Precise Plan; (ii) is compatible with the uses authorized in, and the regulations prescribed for, the San Antonio Center Precise Plan: (iii) is in conformity with public convenience, general welfare and good land use practice, (iv) will not be detrimental to the health, safety and -1- general welfare of the community; (v) will not adversely affect the orderly development of property or the preservation of property values; (vi) is needed by the Applicant due to the complexity, cost and infrastructure requirements for the development; and (vii) is advantageous to and benefits the City. For these reasons it is recommended that the City Council approve and enter into the Development Agreement with the Applicant for the Project. 6. On June 14, 2011, the City Council adopted the Planned Community Permit, San Antonio Center Precise Plan Amendment, Heritage Tree Removal Permit and Environmental Impact Report with Statement of Overriding Considerations (related to greenhouse gas emissions and air quality) for the Project, which define the conditions of approval for the Project and which indicate that, with mitigation measures, the Project will not have a significant impact on the environment (the "Development Approvals "). 7. On June 14, 2011, the City Council determined that the Development Agreement will not have a significant effect on the environment since the terms of the Development Agreement do not change the physical properties of the Project and because the Council adopted an Environmental Impact Report with a Statement of Overriding Considerations that determined the Project, with mitigation measures, would not create any significant environmental impacts. 8. The City has determined that the Project is a development for which a Development Agreement is appropriate. A Development Agreement will improve the potential for the Project to be constructed in an orderly fashion along with the significant Project benefits such as the voluntary offering of affordable housing measures by the Applicant and otherwise achieve the goals and purposes of City Code Section A36.76 (Development Agreement section). 9. The Applicant has committed to develop, cause to be developed or contribute to infrastructure and other improvements, as well as Project features and fees, to accommodate this Project, as well as other significant public benefits as described in the Development Agreement dated June 14, 2011. 10. In exchange for significant public benefits of the Project and the infrastructure improvements required for the Project, the Applicant desires to receive assurances that the City shall grant permits and approvals required for the development of the Project in accordance with procedures provided by law and in this Development Agreement, and that the Applicant may proceed with the Project in accordance with existing City laws, with extended expiration dates for entitlements up to five (5) years from the Commencement Date as defined in the Development Agreement. In order to effectuate these purposes, the parties desire to enter into this Development Agreement. Section 2. The City Council finds that entering into that certain Development Agreement entitled "..." between the City of Mountain View and MGP IX REIT, LLC, a California Limited Liability Company, hereafter is consistent with the City's General -2- Plan, the San Antonio Center Precise Plan and the City's Zoning Ordinance, and provides substantial public benefits to persons residing or owning property outside the boundary of the Property and beyond the exactions for public benefits required in the normal development review process under Federal, State or local law. The Council further finds that the Development Agreement is in compliance with Government Code Section 65867.5 and, therefore, may be approved. Section 3. The City Council hereby approves and adopts the Development Agreement dated June 14, 2011. Section 4. The City Council authorizes and directs the City Manager to execute the Development Agreement. Section 5. The provisions of this ordinance shall be effective thirty (30) days from and after the date of its adoption. Section 6. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. Section 7. Pursuant to Section 522 of the Mountain View City Charter, it is ordered that copies of the foregoing proposed ordinance be posted at least two (2) days prior to its adoption in three (3) prominent places in the City and that a single publication be made to the official newspaper of the City of a notice setting forth the title of the ordinance, the date of its introduction, and a list of the places where copies of the proposed ordinance are posted. KC /7 /ORD 011- 06- 14- llo -E^ -3- DEVELOPMENT AGREEMENT I:MSIM11�1►1 THE CITY OF MOUNTAIN VIEW, a California Charter City and municipal corporation p0� MGP IX REIT, LLC, a California limited liability company DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ( "Agreement ") is entered as of this 1st day of August 2011 ( "Effective Date') by and between the CITY OF MOUNTAIN VIEW, a California Charter City and municipal corporation ( "CITY "), and MGP IX REIT, LLC, a California limited liability company ( "OWNER "). THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings and intentions: A. Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Statute ") authorize CITY to establish procedures to enter into binding development agreements with persons having legal or equitable interests in real property located within CITY for the development of the property. B. On May 9, 2000, the City Council ( "City Council ") of CITY approved Resolution No. 9.00, Mountain View Zoning Ordinance Sections A36.76.010 through A36.76.080, establishing the authority and procedure for review and enactment of development agreements pursuant to the Development Agreement Statute. C. OWNER is the legal owner of the property ( "Property") governed by this Agreement, comprising an approximately 16.3 acre site located at the northeast corner of El Camino Real and San Antonio Road in the City of Mountain View, California, further described in Exhibit "A" attached hereto and incorporated by this reference. OWNER proposes to build a new mixed -use development with approximately 311,000 square feet of leasable retail, commercial, and restaurant space and up to 350 residential units ( "Units ") on a portion of the Property (the "Project ") consistent with the policies and regulations expressed in CITY's General Plan ( "General Plan "), the San Antonio Center Precise Plan, the Planned Community Permit, the Provisional Use Permit, the Development Review Permit, and the Heritage Tree Removal Permit issued for the Project. Development of the Project will be consistent with the Development Plan (defined in Section 1 below). D. OWNER has requested this Agreement in order to vest the land use entitlements set forth in the Development Plan as of the Effective Date hereof. This Agreement authorizes OWNER and OWNER's successors in interest to implement the Project, subject to other CITY land use decisions consistent with the Applicable Laws and Standards, the Development Plan and the terms thereof. E. CITY and OWNER acknowledge that development and construction of the Project is a large -scale undertaking involving major investments by OWNER and CITY, with development occurring in phases over several years. Certainty that the Project can be developed and used in accordance with the terms hereof will benefit OWNER and 2 CITY, and will provide to both parties a relatively permanent plan for the development of the Property, consistent with the implementation of CITY's General Plan. F. CITY and OWNER, through their representatives, cooperatively have invested several years of comprehensive, community -wide planning and design effort into crafting the Development Plan. The Development Plan reflects extensive neighborhood, CITY staff and community -wide insights and priorities, and provides for several design features and infrastructure improvements. The national real estate financing market recently has produced a situation in which the foregoing amenities and improvements economically could not be provided without relative certainty that the Project can be financed, built and implemented consistently with the Development Plan. G. CITY proposes to enter this Agreement (i) for the reasons enumerated in the Development Agreement Statute, (ii) to eliminate uncertainty in the comprehensive development planning of large -scale projects within CITY, such as the Project, (iii) to secure orderly development, (iv) to meet the goals and objectives of the General Plan, and (v) for OWNER's and CITY's benefit to construct a modern, mixed -use development capable of meeting the housing needs of many current and future Mountain View residents at a location well served by regional thoroughfares, mass transit and retail services. H. OWNER proposes to enter this Agreement in order to obtain added assurances that the Project may be financed in the current economic climate, developed, constructed and occupied pursuant to the Development Plan, subject to the limitations expressed herein. In addition, OWNER also received the following incentives: a Precise Plan Amendment; a Planned Community Permit; a Provisional Use Permit; a Development Review Permit; and a Heritage Tree Removal Permit. I. This Development Agreement promotes the community's needs and provides greater community benefits, including the provision of affordable housing, than otherwise can be achieved through the land use regulatory process. J. On May 25, 2011 CITY's Zoning Administrator held a duly noticed public hearing on this Agreement, and (i) determined that consideration of this Agreement complies with CEQA, based on certification of the Project's Environmental Impact Report (EIR); (ii) determined that this Agreement is consistent with CITY's General Plan and Precise Plan; and (iii) recommended that the City Council approve and enact this Agreement. K. On June 14, 2011 the City Council held a duly noticed public hearing on this Agreement, determined that consideration of this Agreement complies with CEQA, 3 found this Agreement to be consistent with CITY's General Plan and introduced Ordinance No. , approving this Agreement. L. On June 28, 2011 the City Council adopted the Enacting Ordinance, Ordinance No. , approving this Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute and Municipal Code Sections A36.76.010 through A36.76.080, and in consideration of the mutual covenants and promises of the parties, the parties hereby agree as follows: 1. Definitions. "Adoption Date" means June 28, 2011 the date the City Council adopted the enacting ordinance. "Applicable Laws and Standards" means CITY ordinances, codes, resolutions, and policies governing permitted uses on the Property, density, height, design and occupancy; and the Existing CITY Laws and the Conditions of Approval. "Conditions of Approval" means those Conditions of Approval attached hereto as Exhibit "B" and incorporated herein by this reference. "Developer" means OWNER or its successors in interest. "Development Plan" means the combination of all approved entitlements for the Project, including, without limitation, the Planned Community Permit for the Project, approved by the City Council after a public hearing on June 14, 2011, the Planned Community Permit for the Project, the Provisional Use Permit for the Project, the Development Review Permit for the Project, and the Heritage Tree Removal Permit for the Project. "Existing CITY Laws" means CITY laws in effect as of the Adoption Date. "Master Developer" means OWNER or an affiliate of OWNER designated in writing by OWNER. Promptly following the designation by OWNER of a Master Developer other than OWNER, OWNER shall provide written notice to CITY of (i) the identity of the new Master Developer and (iii) a description of the newly appointed Master Developer's relationship to OWNER. 4 2. Development of the Property. 2.1 Development Plan. OWNER shall have the vested right to develop the Property in accordance with the terms and conditions of this Agreement and the Development Plan as the same may be amended from time to time upon the application by OWNER. CITY shall have the right to control the development of the Property in accordance with this Agreement, the Development Plan and its police powers. The permitted uses of the Property; the density and intensity of use; the vehicle parking standards; the heights, sizes, design and construction methods of the proposed buildings and landscaping; the on -site and off -site public improvements; the development schedules; and the general provisions for reservation or dedication of land for public purposes or fees in lieu thereof shall be as provided in the Development Plan; provided, however, that future implementation of the Project may be subject to other discretionary and ministerial decisions by CITY, which will govern issuance of building and grading permits and approval of improvement plans, among other things. OWNER shall comply with and perform all of the Conditions of Approval. Modifications to the Project shall be made pursuant to the San Antonio Center Precise Plan as amended on June 14, 2011. 2.2 Present Right to Develop. Subject to the provisions of this Agreement, CITY hereby grants to OWNER the present vested right to develop and construct all improvements comprising the Project in accordance with the policies and development density regulations set forth in the Mountain View General Plan, the San Antonio Center Precise Plan and the Development Plan. Except as otherwise provided in this Agreement, no future modifications of the Mountain View General Plan, San Antonio Center Precise Plan, Mountain View City Code, Applicable Laws and Standards adopted by CITY which purport to: (i) limit the development density, design, residential unit count, parking plan or schedule of development of the Project; or (ii) impose new fees, exactions, design features or moratoria upon development, occupancy or use of the Project shall apply to the Development Plan. Nothing stated herein, however, shall prevent or preclude CITY from adopting any future General Plan amendments, zoning measures or other land use regulations and /or to impose any amendments or measures on applications for amendment or alteration to the Development Plan. 2.3 Cooperation in Obtaining Allocation of Utilities. CITY shall reasonably cooperate with OWNER in obtaining and reserving from the appropriate utility companies the allocation of sufficient utilities, including electricity, gas, water and sewerage service capacity and facilities, for development of the Project in accordance with the terms hereof throughout the Term of this Agreement (defined in Section 5 below). 2.4 Master Developer. Master Developer shall oversee the implementation of the Development Plan and any Subsequent Tentative /Final Subdivision Maps and 5 Provisional Use Permits affecting the Property. The Master Developer shall ensure that all San Antonio Center Precise Plan, FIR mitigation measures, and the Development Plan conditions are implemented. The OWNER and Master Developer may enter into agreements with separate development companies to construct infrastructure and other improvements in each development area; however, the Master Developer shall be signatory on all applications, compliance letters and agreements with CITY, including on -site and off -site improvement agreements, insurance, and contracts with CITY. The OWNER or Master Developer shall submit the annual compliance letter and shall be the primary point of contact for CITY for all issues which arise under this Agreement and /or the Development Plan. 2.5 Park Land Dedication Fee. Pursuant to Chapter 41 of the Mountain View City Code, OWNER is required to pay to CITY a one -time park land dedication fee (the "Park Fee "). CITY shall, at Owner's option, exercisable in Owner's sole and absolute discretion at least five (5) days prior to the issuance of the first residential certificate of occupancy for the Units (the "First COO "), grant OWNER a credit of up to fifty -five percent (55 %) of the Park Fee (the "Credit'); provided, however, in no event shall the Credit exceed one and a half percent (1.5 %) of the overall project costs for the development of the Project. The Park Fee, less the Credit, in the event OWNER exercises its option to take the Credit, shall be payable upon issuance of the First COO. 3. Public Benefits. Inconsideration for this Agreement, DEVELOPER has agreed to provide the following public benefits to CITY: 3.1 a. Provision of Affordable Rental Housing Units. OWNER shall provide ten (10) affordable rental housing units within the Project. The affordable rental housing units (the "Affordable Units ") shall only be rented to qualified, low - income households, consistent with the Mountain View City Code, Chapter 36, Article X that contains the provisions related to affordable housing ( "Article X "). The monthly rental rate for each Affordable Unit shall be based on no more than thirty percent (30 %) of sixty -five percent (65 %) of the annual median income for Santa Clara County, adjusted for household size, as published by the California Department of Housing and Community Development. Prior to the issuance of any construction permit for the Project, including, but not limited to, issuance of a grading or building permit, OWNER shall enter into a Rent Regulatory Agreement with CITY for the Affordable Units (the "Rent Regulatory Agreement')and shall record the Rent Regulatory Agreement against the Project. The terms of the Rent Regulatory Agreement shall be consistent with the requirements for the affordable rental housing units contained in Article X and with this Agreement. All Affordable Units shall be reasonably dispersed throughout the Project and shall contain, on average, the same number of bedrooms and shall be comparable to the design of the market -rate units in terms of appearance, materials and finished quality of the market -rate units in the Project. The Rent Regulatory Agreement shall be in effect for a term of fifty -five (55) years. OWNER understands and agrees that the on selection of tenants for the affordable units must comply with Article X and the BMR Guidelines attached here to as Exhibit C. b. Provision of Incentives. CITY has provided the Project with regulatory incentives as specified in Recital C, including but not limited to, this Agreement and the deferral of payment of park land dedication fees as specified in Section 2.5 of this Agreement. These regulatory incentives are forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. Civil Code Sections 1954.52(b) and 1954.53(a) (2) provide that where an owner has received financial assistance or a form of assistance specified in Chapter 4.3, certain provisions of Civil Code Section 1954.51 et seq. (Costa- Hawkins Act) do not apply to the project if the OWNER has so agreed by contract. OWNER hereby agrees to limit rents as provided in this Agreement in consideration of OWNER's receipt of a form of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code, and further agrees that the limitations on rents imposed by this Agreement are in conformance with Civil Code Section 1954.51 et seq. (Costa- Hawkins Act). 4. Effect of Agreement. 4.1 Subsequent State or Federal Laws or Regulations. If State or Federal laws or regulations enacted after the Effective Date are inconsistent with the provisions of this Agreement, this Agreement shall be deemed modified or superseded to the extent necessary to comply with the new State or Federal laws or regulations. Notwithstanding any provision of this Agreement to the contrary and in addition to any other rights CITY may have, CITY may exercise its discretion to impose conditions upon any development approval for the Project which will enable CITY to comply with any Federal or State law, regulation or mandate which is in effect at the time the approval is sought, provided that the conditions imposed: (i) are necessary to comply with any Federal or State law, regulations or mandate which is in effect at the time the approval is sought; and (ii) are necessary to protect against a substantial threat to CITY's health, safety and welfare. OWNER shall have the right to challenge, in a court of competent jurisdiction, the law or regulation preventing compliance with the terms of this Agreement and, if the challenge is successful, this Agreement shall remain unmodified and in full force and effect. 4.2 Future Exercise of Discretion by CITY. This Agreement shall not be construed to limit the authority or obligation of CITY to hold convenient or necessary public hearings to conduct all analyses required by CEQA, the State Planning Act, the Subdivision Map Act, CITY ordinances or any other applicable Federal, State or local law or regulation. Furthermore, this Agreement does not limit the discretion of CITY or any of its officers or officials with regard to rules, regulations ordinances or laws which require the exercise of discretion by any of its officers or officials, provided that except 7 as otherwise provided in this Agreement, the discretionary decisions reached are consistent with the Development Plan and this Agreement. Like other land use determinations, OWNER's recourse to challenge a CITY determination shall be by administrative review and, if necessary, writ of mandamus. 5. Term. The term ( "Term') of this Agreement shall commence on the date that is thirty (30) days following the date the Development Plan becomes final and effective, and all appeal periods including any statute of limitations to challenge the Development Plan in court have expired (the "Commencement Date "); provided, however, that in the event the Development Plan is challenged in court, then, unless otherwise agreed to by the Parties, the Commencement Date will be 30 days following the date a final judgment is entered in such court challenge and all appeals have been exhausted. Upon the establishment of the Commencement Date, OWNER and CITY shall execute an amendment to this Agreement to memorialize the Commencement Date. The Term shall automatically terminate on the date that is five (5) years following the Commencement Date (the "Termination Date "). 6. Development Fees, Assessments, Exactions and Dedications. Except as otherwise provided in this Agreement, all CITY -wide fees, assessments, dedication formulae and taxes payable in connection with the development, build -out, occupancy and use of the Project pursuant to this Agreement shall be those applicable to all similar developments in CITY at the time of issuance of Project building permits. No new Project- specific fee, assessment, exaction or required dedication policy, not in effect on June 14, 2011 shall be imposed on the Project, unless it is imposed uniformly on all similar types of developments CITY -wide. This Agreement does not preclude imposition of new or increased fees or taxes on the Project subsequent to the Effective Date, provided that the fees or taxes shall be imposed or increased on a CITY -wide basis. If any building permit lapses after issuance and, under the Municipal Code, the permit can be renewed or reissued, the fees in effect at the time of renewal or reissuance shall apply. 7. Cooperation in Implementation. In General. It is the Parties' express intent to cooperate with one another and to diligently work to implement all land use and building approvals for development of the Project in accordance with the terms hereof : a. CITY. CITY shall cooperate with OWNER in a reasonable and expeditious manner, in compliance with the deadlines mandated by applicable statutes or ordinances, to complete all steps necessary for implementation of this Agreement and development of the Project in accordance herewith, in particular in performing the following functions: 1. Scheduling all required public hearings by the City Council; and 2. Processing and checking all maps, plans, land use permits, building plans and specifications and other plans relating to development of the Project filed by OWNER or its nominees. b. OWNER. OWNER shall provide, in a timely manner, City with all documents, applications, plans and other information necessary for the City to carry out its obligations hereunder, and OWNER shall cause its planners, engineers and all other consultants to submit in a timely manner all necessary materials and documents. 8. Periodic Review. 8.1 Annual Review. CITY and OWNER shall review all actions taken pursuant to the terms of this Agreement once annually, within sixty (60) days before the anniversary of the Effective Date, during each year of the Term unless CITY and OWNER agree in writing to conduct the review at another time. 8.2 OWNER's Submittal. Within ninety (90) days before each anniversary of the Effective Date, OWNER, or OWNER through its Master Developer, shall submit a letter ( "Compliance Letter') to CITY's Community Development Director (the "Community Development Director "), describing OWNER's compliance with the terms of this Agreement during the preceding year. The Compliance Letter shall include a statement that the Compliance Letter is submitted to CITY pursuant to the requirements of Government Code Section 65865.1 and shall, in addition to all other reporting requirements required by the Development Plan, Project conditions and State law, report to the Community Development Director regarding: • OWNER's compliance with any change in ownership or status with respect to OWNER, OWNER's successors in interest, or the Master Developer; • The status of the construction of the bus stop on San Antonio Road; and • OWNER's compliance with the tree removal conditions of the Development Plan. 8.3 CITY's Findings. Within sixty (60) days after the Community Development Director's receipt of the Compliance Letter, the Community Development Director shall determine whether, for the year under review, OWNER has demonstrated good -faith substantial compliance with the terms of this Agreement. 9 OWNER's failure to submit a timely Compliance Letter shall not affect the terms or continuing binding effect of this Agreement. If the Community Development Director finds and determines that OWNER has complied substantially with the terms of this Agreement, the annual review shall be deemed concluded and this Agreement shall remain in full force and effect. Upon a determination of compliance, the Community Development Director shall issue, at OWNER's request, a recordable certificate confirming OWNER's compliance through the year(s) under review. OWNER may record the certificate with the Santa Clara County Recorder's Office. If the Community Development Director initially determines the Compliance Letter to be inadequate in any respect, he or she shall provide written notice to that effect to OWNER. If, after a duly noticed public hearing thereon, the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied substantially in good faith with the terms of this Agreement for the year under review, the City Council shall give written notice thereof to OWNER specifying the noncompliance. If OWNER fails to cure the noncompliance within a reasonable period of time established by the City Council, the City Council, in its discretion, may: (i) grant additional time for OWNER's compliance, or, following a public hearing on the matter, modify this Agreement to the extent necessary to remedy or mitigate the noncompliance; or (ii) terminate this Agreement. Except as affected by the terms hereof, the terms of the Development Agreement Statute shall govern the compliance review process to be followed by CITY. The Community Development Director may refer the Compliance Letter to the Zoning Administrator for a recommendation and /or decision, or to the City Council for a decision. 9. Default and Remedies. 9.1 Default. Failure by either party to perform any material term or provision of this Agreement shall constitute a default hereunder, provided that the party alleging the default shall have given the other party advance written notice thereof and sixty (60) days within which to cure the condition or, if the nature thereof is such that it cannot be cured within that time, the party receiving notice shall not be in default hereunder if the party commences to perform its obligations within the sixty (60) day period and thereafter diligently completes performance. Written notice shall specify in detail the nature of the obligation to be performed by the party receiving notice. 9.2 Remedies. The parties acknowledge that neither OWNER nor the CITY would have entered into this Development Agreement had it been exposed to monetary damage claims from the other party for any breach hereof. As such, the parties agree that in no event shall OWNER be entitled to recover monetary damages against CITY for breach of this Development Agreement by CITY and in no event shall CITY be entitled to recover monetary damages against OWNER for breach of this Agreement by OWNER. Therefore, the City and OWNER agree that in the event of a breach of this 10 Development Agreement, each of the parties hereto may only pursue the following: (a) specific performance, (b) suits for declaratory or injunctive relief, (c) suits for mandamus or special writs, or (d) cancellation of this Development Agreement. All of these remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of these remedies shall not constitute a waiver or election with respect to any other available remedy. 10. Agreement to Amend or Terminate. CITY and OWNER, by mutual agreement, may terminate or amend the terms of this Agreement, and the amendment or termination shall be accomplished in the manner provided under California law for the adoption of development agreements. If OWNER or its successors in interest apply for amendments to this Agreement for the purpose of varying the physical design, number, location or other physical features of Project residences within any development area defined in the Development Plan, CITY, in its discretion, may approve, conditionally approve or deny OWNER's application, but the terms, conditions and approved designs of the other development areas defined in the Development Plan shall remain vested and not subject to amendment without OWNER's consent. 11. Mortgagee Protection; Certain Rights of Cure. 11.1 Mortgagee Protection. This Agreement shall be superior and senior to all liens placed upon the Property or portion thereof after the date on which a memorandum of this Agreement is recorded, including the lien of any deed of trust or mortgage ( "Mortgage'). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against all persons and entities, including all deed of trust beneficiaries or mortgagees ( "Mortgagees "), who acquire title to the Property or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. 11.2 Mortgagee Not Obligated. Notwithstanding this Section 11 or any of the other provisions of this Agreement, no Mortgagee shall have any obligation or duty under this Agreement to construct or complete the construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Agreement, or otherwise under CITY laws. 11.3 Notice of Default to Mortgagee. If CITY receives notice from a Mortgagee requesting a copy of any notice of default given to OWNER hereunder and specifying the address for service thereof, CITY shall deliver to the Mortgagee, 11 concurrently with service thereof to OWNER, all notices given to OWNER describing all claims by CITY that OWNER has defaulted hereunder. If CITY determines that OWNER is in noncompliance with this Agreement, CITY also shall serve notice of noncompliance on the Mortgagee concurrently with service thereof on OWNER. Each Mortgagee shall have the right during the same period available to OWNER to cure or remedy, or to commence to cure or remedy, the condition of default claimed or the areas of noncompliance set forth in CITY's notice. 11.4 Right of CITY to Cure. If OWNER defaults under any Mortgage, then CITY shall have the right, but not the obligation, to cure such default prior to completion of any foreclosure or any proceeding to terminate the interest of OWNER in the Property. If CITY invokes its right to cure hereunder, CITY shall be entitled to reimbursement from OWNER of all costs and expenses incurred by CITY in curing such default. CITY shall also be entitled to a lien upon any of the Property, or portion thereof, encumbered by the Mortgage with respect to which OWNER has defaulted, to the extent of such costs and disbursements. 12. Assignability. 12.1 Right to Assign. OWNER may assign its rights to develop the Project pursuant to this Agreement with the express written consent of CITY, which consent shall not be unreasonably withheld, conditioned or delayed. Each successor in interest to OWNER shall be bound by all of the terms and provisions hereof applicable to that portion of the Project acquired by it and shall be subject to the supervision of the Master Developer. Any assignee or transferee shall expressly assume OWNER's obligations under this Agreement through an assignment agreement ( "Assignment Agreement ") to be executed by and between: (a) OWNER; (b) the assignee or transferee; and (c) CITY. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties' successors, assigns and legal representatives. The terms of this Section 12.1 shall not restrict, prevent or otherwise affect OWNER's ability to lease, sell or convey interests in the Property. This Agreement or a memorandum hereof shall be recorded by CITY in the Santa Clara County Recorder's Office promptly upon execution hereof by both parties. 12.2 Covenants Run with the Land. During the Term of this Agreement, all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding unconditionally upon the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons or entities acquiring the Property, any lot, parcel or any portion thereof, and any interest therein, whether by sale, operation of law or other manner, and they shall inure to the benefit of the parties and their respective successors. This Agreement creates no 12 personal obligations of OWNER or its successors, but only obligations appurtenant to the Property. 12.3 CITY Costs for Review. During the Term of this Agreement, OWNER shall promptly reimburse CITY for costs incurred by CITY to (i) conduct the annual review pursuant to Section 8.1 of this Agreement or (ii) to have its staff, consultant or outside counsel review, approve, or issue assignments, amendments Estoppel Certificates under this Agreement, transfers and the like. 13. General. 13.1 Construction of Agreement. The language in this Agreement in all cases shall be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. 13.2 No Waiver. Subject to the provisions of Section 8.2, no delay or omission by CITY in exercising any right or power accruing upon the noncompliance, or failure to perform by OWNER under the provisions of this Agreement, shall impair any right or power or be construed to be a waiver thereof. A waiver by CITY of any of the covenants or conditions to be performed by OWNER or CITY shall not be construed as a waiver of any succeeding breach of the same or other covenants and conditions hereof. 13.3 Agreement is Entire Agreement. This Agreement and all Exhibits attached hereto or incorporated herein comprise the sole and entire Agreement between the parties concerning the Project. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations inducing the execution and delivery hereof, except the representations set forth herein, and each party acknowledges that it has relied on its own judgment in entering this Agreement. The parties further acknowledge that all statements or representations that heretofore may have been made by either of them to the other are void and of no effect, and that neither of them has relied thereon in connection with its dealings with the other. 13.4 Estoppel Certificate. Either party from time to time may deliver written notice to the other party requesting written certification that, to the knowledge of the certifying party: (i) this Agreement is in full force and effect and constitutes a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of the amendments or modifications; and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, describing 13 therein the nature and monetary amount, if any, of the default. A party receiving a request hereunder shall execute and return the certificate within fifteen (15) days after receipt thereof. The Community Development Director of CITY shall have the right to execute the certificates requested by OWNER hereunder. CITY acknowledges that a certificate hereunder may be relied upon by permitted transferees and Mortgagees. At the request of OWNER, the certificates provided by CITY establishing the status of this Agreement with respect to any lot or parcel shall be in recordable form, and OWNER shall have the right to record the certificate for the affected portion of the Property at its cost. 13.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but the counterparts together shall constitute only one (1) Agreement. 13.6 Severability. Each provision of this Agreement, which shall be adjudged to be invalid, void or illegal, shall in no way affect, impair or invalidate any other provisions hereof, and the other provisions shall remain in full force and effect. 13.7 Further Documents. Each party hereto agrees to execute all other documents or instruments necessary or appropriate to effectuate and implement this Agreement. 13.8 Time of Essence. Time is of the essence in the performance of every covenant and obligation to be performed by the parties hereunder. 13.9 Indemnification. OWNER agrees to defend, indemnify, release and hold harmless CITY, its Council members, agents, officers, attorneys, employees, boards and commissions from any litigation, claim, action or court proceedings brought against any of the foregoing individuals or entities ( "Indemnified Parties "), the purpose of which is to attack, set aside, void or annul the Project Approvals of this Agreement. This indemnification shall include, but not be limited to, damages, costs, expenses, reasonable attorney fees or expert witness fees that may be asserted or incurred by Indemnified Parties, arising out of, or in connection with, the approval of this Agreement or any Project Approvals. If OWNER is required to defend Indemnified Parties in connection with any litigation, claim, action or court proceeding, CITY shall retain the right to approve any and all settlements proposed by OWNER, which approval shall not be unreasonably withheld from CITY. OWNER shall also have the right to approve any and all settlements of such matters proposed by CITY and relating to the Agreement or the Project Approvals, which approval shall not be unreasonably withheld from OWNER. CITY agrees to cooperate with OWNER in the defense of the claim, action or proceeding. Nothing in this section shall be construed to mean that OWNER shall defend, indemnify or hold CITY or its elected or appointed representatives, officers, agents and employees harmless from any claims of personal 14 injury, death or property damage arising from, or alleged to arise from, the maintenance or repair by CITY of improvements that have been offered for dedication and accepted by CITY or for CITY's gross negligence or willful misconduct. 13.10 Permitted Delays. In addition to any specific provisions of this Agreement, performance by either party of its obligations hereunder shall be excused during any period of delay, to the extent that delay is an actual cause of default, caused at any time by reason of acts of God or civil commotion, riots, strikes, picketing; or other labor disputes, shortage of materials or supplies; or damage to work in process by reason of fire, floods, earthquake or other casualties; restrictions imposed or mandated by governmental or quasi - governmental entities; enactment of conflicting laws (including, without limitation, new or supplementary environmental regulations), litigation, acts or neglect of the other party; or any other cause beyond the reasonable control of a party. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. The Term of this Agreement shall be extended by the period of any delay hereunder. 13.11 Effect of Termination. If a party terminates this Agreement, such Termination shall not affect any right or duty emanating from any approvals with respect to the Project or Property approved concurrently or subsequently to the approval of this Agreement, but the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of such Termination. Upon Termination of this Agreement, CITY shall retain any and all benefits, including money or land, previously received by CITY or that should have been received by CITY as of the date of Termination under or in connection with this Agreement. Notwithstanding the foregoing provisions, no Termination of this Agreement shall prevent OWNER from completing and occupying buildings or other improvements authorized pursuant to valid building permits or certificates of occupancy previously approved by CITY or under construction at the time of Termination, unless the reason giving rise to the Termination independently affects such building permits or certificates of occupancy. As used herein, "construction' means work under a valid permit, and "completing' means completion for beneficial use or occupancy by OWNER, or if a portion of the Project is intended for use by a lessee or tenant and the lessee or tenant is responsible for completing the interior improvements, then for such portion "completing' shall mean such completion except for interior improvements, such as partitions, duct and electrical runouts, floor coverings, wall coverings, lighting, furniture, trade fixtures, finished ceilings and other improvements typically constructed by or for tenants of buildings. 13.12 Limitations on Actions. Any action by any third person to attack, review, set aside, void or annul any action or decision taken by either party under this Agreement shall not be maintained by such person unless such action or proceeding is 15 commenced within ninety (90) days after the date such decision or action is made or taken hereunder, or such shorter period as is prescribed by law. 13.13 Attorneys' Fees. In the event of any action or proceeding brought by either party under this Agreement, the prevailing party shall be entitled to recover court costs and the fees and costs of its attorneys in such action or proceeding (whether at the administrative, trial or appellate levels) in such amount as the court or administrative body may judge reasonable. 13.14 No Third -Party Beneficiaries. CITY and OWNER hereby renounce the existence of any third -party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any person third -party beneficiary status. If any action or proceeding is instituted by any third person challenging the validity of any provision of this Agreement, or any action or decision taken or made hereunder, the parties shall cooperate in defending such action or proceeding. 13.15 Negation of Partnership. The parties specifically acknowledge that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of OWNER, the affairs of CITY, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. 13.16 Project Approvals Independent. All approvals which may be granted pursuant to this Agreement, and all approvals or other land use approvals which have been or may be issued or granted by CITY with respect to the Property, constitute independent actions and approvals by CITY. If any provision of this Agreement or the application of any provision of this Agreement to a particular situation is held by a court of competent jurisdiction to be invalid or unenforceable, or if CITY terminates this Agreement for any reason, such invalidity, unenforceability or termination of this Agreement or any part hereof shall not affect the validity or effectiveness of any approvals or other land use approvals. In such cases, such approvals will remain in effect pursuant to their own terms, provisions and conditions. 13.17 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or dedication of the Property, or of the Project, or portion thereof, to the general public, for the general public, or for any public use or purpose whatsoever except as specifically provided as a term of this Agreement, condition of Project Approval or other approval. OWNER shall have the right to prevent or prohibit the use of the Property, or the Project, or any portion thereof, including common areas and buildings 16 and improvements located thereon, by any person for any purpose inimical to the operation of a private, integrated Project as contemplated by this Agreement. 14. Notice. Except as otherwise expressly provided herein, all notices and demands pursuant to this Agreement shall be in writing and delivered in person, by commercial courier or by first -class certified mail, postage prepaid and return receipt requested. Except as otherwise expressly provided herein, notices shall be considered delivered when personally served, or upon actual receipt if delivered by commercial courier or by mail. Notices shall be addressed as appears below for the respective parties; provided, however, that either party may change its address for purposes of this section by giving written notice thereof to the other party: CITY: City Clerk The City of Mountain View 500 Castro Street Mountain View, CA 94039 -7540 OWNER: MGP IX REIT, LLC c/o Merlone Geier Management 425 California Street, 11th Floor San Francisco, California 94104 Attention: Peter J. Merlone The provisions of this Section shall be deemed directive only and shall not detract from the validity of any notice given in a manner which would be legally effective in the absence of this Section. [signatures on follou7ing page.] 17 IN WITNESS WHEREOF, CITY and OWNER have caused this Agreement to be executed in one (1) or more copies as of the day and year first above written. "CITY ": CITY OF MOUNTAIN VIEW, a California Charter City and municipal corporation 10 "OWNER ": MGP IX REIT, LLC, a California limited liability company By: Merlone Geier IX, LLC, a California limited liability company, its Manager By: Name: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 11.1 Attachment 6 CITY OF MOUNTAIN VIEW ADMINISTRATIVE ZONING HEARING MINUTES WEDNESDAY, MAY 25, 2011 4:00 P.M. CALL TO ORDER CITY HALL PLAZA CONFERENCE ROOM 500 CASTRO STREET Peter Gilli, Zoning Administrator, called the meeting to order with an introduction of the Zoning Administrative Hearing policies and procedures, including a description of the project criteria, formal findings process and appeals procedures. The Zoning Administrator let the public know Item 2.4 was pulled from the Agenda at the applicant's request and Item 3.2 was continued to the June 1, 2011, Zoning Administrator Hearing. 2, CONSENT CALENDAR 2.1 100 El Camino Real West, No. 63, Walter J. Harrington, 057- 11 -PCZA; APN: 158 -02 -075 and 158 -02 -076 Request for a Provisional Use Permit for a parking reduction to allow an expansion of an existing dental office into the adjacent tenant space at the Two Worlds Complex at 100 El Camino Real West. The site is located in the P Zoning District on the northeast corner of El Camino Real and Calderon Avenue. Project Planner: Lindsay Hagan 2.2 112 North Rengstorff Avenue, Daniel Kramer for Walgreens, 160- 11 -PCN; APN: 147 -36 -038 Request for a Public Convenience and Necessity Permit to allow for the off - premises sale of beer and wine at an existing Walgreens. The project site is located at the corner of Rengstorff Avenue and Central Expressway in the CN Zoning District. Project Planner: Lindsay Hagan ADMINISTRATIVE ZONING HEARING MINUTES -1- May 25, 2011 2.3 2580 Wyandotte Street, Unit D, Maria Gabe, 214 -11 -UPA; APN: 147 -05 -151 Request for a Conditional Use Permit for a new pet food manufacturer in an existing 2,672 square foot industrial condominium. The project is located on Wyandotte Street, between Independence Avenue and the Palo Alto border, in the MM -40 (General Industrial) Zoning District. Project Planner: Melinda Denis ACTION: ITEMS 2.1 THROUGH 2.3 WERE APPROVED WITH CONDITIONS 2.4 1730 El Camino Real West, Frank A. Sipe, 257 -11 -UPA; APN: 154 -35 -002 Request for a Conditional Use Permit and Development Review Permit for a parking reduction and minor facade improvements. The project site is located on the north side of EI Camino Real West, near the El Monte Avenue and El Camino Real intersection, in the CRA (Commercial /Residential Arterial) Zoning District. Project Planner: Melinda Denis This item was cancelled and pulled from Consent Calendar. 3. PUBLIC HEARINGS 3.1 455 San Antonio Road, Mike Grehl, 080- 10 -PCZA; APN: 148 -20 -001, 148 -20- 002, 148 -20- 003,148 -20- 004,148 -22 -001 and 148 -22 -002 Request for a Development Agreement for a new mixed -use development with approximately 311,000 square feet of leasable retail and restaurant space and up to 350 residential units on 16.3 acres at the northeast corner of El Camino Real and San Antonio Road in the San Antonio Center P(9) Precise Plan Area. Project Planner: Nancy Minicucci The Zoning Administrator described the application as stated above, adding that this Development Agreement (DA) came about following the Council hearing on April 26, 2011. The Zoning Administrator opened the public hearing, asking the applicant if he wanted to make a presentation. The applicant was present and stated they originally came to the Zoning Administrator with a DA where, despite recent rulings in California, they will provide actual below- market -rate (BMR) units and they propose to provide 10 BMR units that will be rented for levels no greater than ADMINISTRATIVE ZONING HEARING MINUTES -2- May 25, 2011 80 percent of the County Average Median Income (AMI) and, in conjunction with those units, they have requested a 95 percent park fee credit. The applicant stated the duration included in those terms was for a 10 -year agreement with an option to extend for another five years. The applicant stated, following discussions with his partner and the City of Mountain View, they are here to offer 10 units to be leased at no more than 30 percent of 65 percent of the AMI, and a 55 percent park fee credit instead of the 95 percent, and the term of the DA would be five years. The Zoning Administrator then asked if anyone in the public wanted to speak. Doug DeLong, Mountain View, stated he is representing the Advocates for Affordable Housing and Joan McDonald, who had a conflict this afternoon and could not attend this meeting. Mr. DeLong stated he appreciates the movement towards the DA for this project and it appears to be a very appropriate mechanism for the circumstances. Mr. DeLong stated he does not feel it has been discussed that in addition to the affordable housing mitigation, there is also the issue of commercial development and affordable housing mitigation, and the City has an ordinance that requires just the payment of a fee. Mr. DeLong stated when that ordinance was drafted, nobody had thought about mixed -use developments that had the opportunity to reasonably incorporate units into the project. Mr. DeLong stated one reason for preferring units incorporated into the project is they get built and are available to potential residents faster than if fees are just collected. Mr. DeLong stated staff and the developer can look at the fees payable for the commercial development and come up with an equivalent number of units that can be built on -site in addition to the units that mitigate the affordable housing. Mr. DeLong stated they feel the park situation is quite unique. He has not analyzed the finances, terms of the land value, the improvements and the mainte- nance; however, they do not see any reason the applicant may not get up to 100 percent credit or waiver of those fees. Mr. DeLong stated they do recognize if those fees are not paid where will the park land for the residents come from, and if the City is going to be saved future improvement and maintenance expenses, it may be appropriate for some funds from those sources to be put into the Park Land Fund to take care of the issue of acquiring park land for future residents. Mr. DeLong stated it is a complicated analysis. Their feeling is there is a signifi- cant public benefit being offered by this improvement of open space, and if the numbers work out in terms of the City getting enough benefit for the total park fees, they do not see why that number could not be as high as 100 percent. Mr. DeLong stated with all those unique conditions they would like to see the number of units higher because 80 percent AMI units are basically market -rate units and they would like to see the number of units get up to the City's policy of 10 percent. Mr. DeLong stated they are somewhat realistic in that they do not know what the financial analysis of the project is, and with all the other balls in the air, they cannot say if it is financially feasible, but that is what they want to strive for. ADMINISTRATIVE ZONING HEARING MINUTES -3- May 25, 2011 The Zoning Administrator stated he does have a letter from the Advocates for Affordable Housing, the League of Women Voters and Carpenters Local 405, all providing input on what they feel are appropriate terms for this DA. The Zoning Administrator asked if anyone else in the public wanted to speak. Julie Lovins, Mountain View, stated she is very puzzled by this DA proposal because her understanding is this is a special arrangement between the City and a prospective developer; and asked if it is a contract specifying concessions agreed to by both parties. Ms. Lovins stated that is not what she is hearing in the draft DA. Ms. Lovins stated on one hand they have the City's proposal to make major changes to the San Antonio Precise Plan before completion of the ongoing General Plan revision, specifically at the request of Merlone Geier Partners (MGP) to greatly increase development intensity plus a new land use for over 300 apart- ments right by jobs, shopping and transportation opportunities. Ms. Lovins stated they assume these developments are worth a great deal of money or they would not have been asked for. Ms. Lovins stated as both residents and Council are well aware, this is a fantastic opportunity to create below- market -rate housing in a perfect location right next to lower -wage jobs, and Councilmembers have requested that this be done. Ms. Lovins stated the low -key BMR ordinance that is currently not enforceable requires that 10 percent of the units be BMR in any location, and this location cries out for more than that. Ms. Lovins stated the recently completed Nexus study, undertaken because the BMR ordinance is unenforceable, demonstrates a clear connection between the creation of new market -rate rental housing and the increased need for new BMR rentals. Ms. Lovins stated it could not be clearer that it is in the City's best interest to create housing, and a substantial amount, for the people working right there at San Antonio Center, and yet the developer's concession is to propose 3 percent of the units be made available to families with incomes considerably more than what the people who work here will have. Ms. Lovins stated they are not being offered much, if any, in the way of affordable units in return for major zoning concessions. Ms. Lovins stated it is also obvious MGP wants this contract signed before any rental housing impact fees, justified by the Nexus study, are implemented. Ms. Lovins stated it is ludicrous and tragic that very few people working at San Antonio Center will be able to live there and this is not carrying out the City's declared intentions for environmental sustainability. Ms. Lovins stated MGP is also asking for a 95 percent credit on park in -lieu fees for landscaping and maintaining a piece of land they do not own. Ms. Lovins stated she does not understand what is going on. The last she heard, this area will be surrounded by busy traffic, making it dangerous and difficult to access, despite thoughtful suggestions from Council and the public about how to redesign for a better outcome. Ms. Lovins stated the situation does not seem to demonstrate the intent to give back to a City granting major development concessions. Ms. Lovins stated ADMINISTRATIVE ZONING HEARING MINUTES 4- May 25, 2011 they also need a guarantee in the DA that even this compromised greenway will be built by the time the apartments are built. Ms. Lovins stated, as a resident of Mountain View, she cannot support this DA and hopes the City Council will reject it. The Zoning Administrator stated to clarify the applicant's revised proposal, which is now a 5 -year term, 10 BMR units but at 65 percent AMI (where before it was 80 percent AMD which means the rents will be lower, and instead of a 95 percent credit on park fees, the applicant is proposing a 55 percent credit on park fees. The Zoning Administrator asked if anyone else in the public wished to speak, and seeing no one, closed the public portion of the hearing. The Zoning Administrator stated the point raised about waiving the BMR fee for additional units was explored; however, because of the net increase in commercial area in -lieu fee, it did not add up to the point where the City would acquire more units if they waived the fee. The Zoning Administrator stated if they learn something different before the next Council meeting, they will discuss that with the applicant. The Zoning Administrator stated it is a valid question to ask if a greater park credit should be provided to get more BMR units and it is challenging from staffs perspective, and the recommendation will be on the conservative side. The Zoning Administrator stated if the City Council agrees the need for BMR units outweighs the need for parks, they can suggest something equivalent, perhaps more units and a greater credit; however, based on our Parks and Open Space Plan, the San Antonio Area, which goes all the way to Rengstorff Avenue and out to Palo Alto, is one of the most underparked areas in the City, so they are being very conservative with the park credit. The Zoning Administrator stated the project generally would require provision of two acres of park land and the greenway that is provided in the middle of the project is about one acre; therefore, 50 percent of the credit seems to be a logical conclusion. The Zoning Administrator stated if Council wants more, they can have alternatives ready on the side; however, the overall proposal is for a 5 -year term, which in some ways is only one year longer than having a 2 -year approval and 2 -year extension, which is already provided by the ordinance. The Zoning Administrator stated that is a minor concession given to the applicant, 10 BMR units at 65 percent AMI is very close to the deal at the Minton's Project and, while it is not what would be happening if the Palmer case had not occurred, the reality is the Palmer case did occur, and an argument could be made by developers that the City should get zero BMR units. The Zoning Administrator stated the applicant has come forward recognizing that Council would like to have BMR units as part of the project, the 55 percent credit is ADMINISTRATIVE ZONING HEARING MINUTES -5- May 25, 2011 a very good compromise regarding the amount of park acreage, the underparked nature of the area and the BMR benefit the City will receive. The Zoning Administrator stated he will recommend to Council they approve the DA based on these general terms. The Zoning Administrator stated the DA terms do not result in any physical change to the project and, therefore, do not provide any type of environmental impact, so he is not amending or adding information to the EIR. The Zoning Administrator stated Council will review the EIR along with the DA on June 14, 2011 and the actual agreement, with all of its legal language, will be available to the public to review, along with the staff report, the Friday prior to June 14, 2011. ACTION: RECOMMEND APPROVAL WITH CONDITIONS 3.2 590 East Middlefield Road, David Wilbur, 093 -11 -R; APN: 160 -58 -006 and 160 -58 -019 Request for a rezoning from Limited Industrial (ML) to Limited Industrial Transit (ML -T); a Zoning Text Amendment to allow up to a 0.65 FAR; a Transit- Oriented Development Permit to allow the demolition of 33,000 square feet of industrial building and construct 97,500 square feet of office; a Heritage Tree Removal Permit to remove Heritage trees on the subject property; and a Development Agreement. The project site is located on the northwest corner of Logue Avenue and Middlefield Road, adjacent to the Middlefield Light Rail Station. Project Planner: Whitney McNair This item was continued to the June 1, 2011 Zoning Administrator Hearing. 4. ADJOURNMENT The meeting was adjourned at 4:20 p.m. lj�spectfully mitted, I /1 Peter Gilli Zoning Administrator PG /LS /7 /CDD 892- 05 -25 -1 lmn -E^ ADMINISTRATIVE ZONING HEARING MINUTES -6- May 25, 2011 ATTACHMENT #7 IS AVAILABLE IN THE COMMUNITY DEVELOPMENT DEPARTMENT OR ON THE CITY'S WEBSITE: WWW.MOUNTAINVIEW.GOV Table of County Annual Median Incomes (AMI) and Rental Rates Unit Type Studio 1 bdrm 2 bdrm 65 %AMI Rent* 1 $1,1481 $1,639 Household Income * $45,925 $52,475 $65,575 180 %AMI Rent* 1 $1,3891 $1,5881 $1,984 Household Income * $55,550 $63,500 $79,350 Projected Market Rent ** * Source: HUD figures for Santa Clara County in 2011 $2,041 $2,625 *` Source: Merlone Geier Partners, based on comparable per sq. ft. rents of newer apartment complexes in the City of Mountain View $3,422 Attachment 8