HomeMy WebLinkAbout221115_Resolution 18734 Master Plan to Construct 40 Acre Site Middlefield MaudeCITY OF MOUNTAIN VIEW
RESOLUTION NO. 18734
SERIES 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
APPROVING A MASTER PLAN TO CONSTRUCT UP TO 1,900 RESIDENTIAL UNITS,
1,317,000 SQUARE FEET OF OFFICE/R&D, 50,000 SQUARE FEET OF GROUND -FLOOR
COMMERCIAL SPACE, 6.97 ACRES OF PUBLIC PARKS AND 2.8 ACRES OF PRIVATELY OWNED,
PUBLICLY ACCESSIBLE OPEN SPACE, AND AN OPTIONAL PRIVATE DISTRICT UTILITIES SYSTEM,
AND ALLOCATE BONUS FLOOR AREA (397,936 SQUARE FEET OF RESIDENTIAL AND 622,925
SQUARE FEET OF NONRESIDENTIAL) ON AN APPROXIMATELY 40-ACRE SITE, GENERALLY
LOCATED AT THE NORTHEAST CORNER OF ELLIS STREET AND EAST MIDDLEFIELD ROAD AND
NORTH OF WEST MAUDE AVENUE BETWEEN LOGUE AVENUE AND CLYDE AVENUE WITHIN
THE EAST WHISMAN PRECISE PLAN
WHEREAS, an application (Application No. PL-2020-149) was received from Google LLC for
the Middlefield Park Master Plan (Master Plan) to construct up to 1,900 residential units,
1,317,000 square feet of office/R&D, 50,000 square feet of ground -floor commercial, 6.97 acres
of public parks and 2.87 acres of privately owned, publicly accessible (POPA) open space, and an
optional private district utilities system on an approximately 40-acre site generally located at the
northeast corner of Ellis Street and East Middlefield Road and north of West Maude Avenue,
between Clyde Avenue and Logue Avenue (APN: 160-58-001, 160-58-016, 160-58-017,
160-57-004, 160-57-006, 160-57-007, 160-57-008, 160-57-009, 160-57-010, 160-57-011,
160-57-012, 160-57-013, 160-59-005, and 160-59-006); and
WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on
October 19, 2022 on said application and recommended the City Council conditionally approve
the Master Plan subject to the findings, conditions of approval, and administrative procedures
attached hereto; and
WHEREAS, the City Council held a public hearing on November 15, 2022 on said application
and received and considered all evidence presented at said hearing, including the
recommendation from the Environmental Planning Commission, City Council report, project
materials, testimony, and written materials submitted; now, therefore, be it
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RESOLVED: that the City Council of the City of Mountain View finds:
1. The Planned Community Permit for the Master Plan is conditionally approved based
upon the conditions contained herein and upon the following findings pursuant to
Section 36.50.55 of the City Code:
a. The proposed Master Plan is consistent with the provisions of the P(41) East
Whisman Precise Plan (Precise Plan). The proposal clearly demonstrates superior site and
building design and compatibility with surrounding uses and developments; or, if variations from
requirements in the applicable Precise Plan are granted, the proposal clearly demonstrates
superior site and building design and is in substantial compliance with the intent of the
requirements in the applicable Precise Plan since the Master Plan aligns with the land use and
development standards, allowable floor area ratio (FAR) for development with highly sustainable
design and bonus FAR, and complies with the East Whisman Precise Plan Jobs -Housing Linkage
Program.
The Master Plan is consistent with the design standards and guidelines of the
Precise Plan and includes urban design objectives to ensure future building and site designs are
consistent with the Precise Plan and Master Plan. The Master Plan also identifies potential design
exceptions from the Precise Plan, which can be considered and evaluated under subsequent
zoning permit review and approval with specific design details, such as: (i) an additional key
corner location at the intersection of Clyde Avenue and Maude Avenue as an entrance into the
City of Mountain View and the Master Plan area from the City of Sunnyvale; and (ii) extending
the maximum 300' linear length of an office building (not to exceed 400') when additional
massing breaks are introduced.
Per the Precise Plan, the Middlefield Park Master Plan fulfills the following
requirements for a master plan, including: (i) is consistent with the Neighborhood Park Master
Plan requirements to plan for a future dedicated public park; (ii) to modify the public circulation
network in order to allow publicly accessible bicycle and pedestrian pathways, in lieu of a public
street (Street C) off of Maude Avenue; (iii) to modify the location of the Linear Park; (iv) to
implement a Jobs -Housing Linkage Program; (v) allow for significant phasing of project
construction; (vi) allow for development flexibility as the project includes more than one parcel
in multiple Character subareas; and (vii) allow district parking; and
b. The proposed Master Plan is consistent with the East Whisman Mixed -Use and
the High -Intensity Office Land Use Designations of the General Plan, which envision a harmonious
balance of housing near jobs, public transit, neighborhood -serving businesses, and parks; the
Master Plan also aligns with the following General Plan policies for the East Whisman Change
Area: (i) LUD 19.1, Land Use and Transportation, by designing greater band use intensity and
transit -oriented development within one -half -mile of the light rail station; (ii) LUD 19.8,
Residential Development, by placing residential development near the Middlefield Light Rail
Station; and (iii) aligns with the Form and Character requirements by introducing mid block
pedestrian/bicycle connections, enhancing public sidewalks and street crossings, providing highly
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sustainable green building design and infrastructure to support reduced energy use and
increased energy generation on -site, utilizing structured district parking, and introducing new
public parks and open spaces; and
C. The proposed Master Plan will not be detrimental to the public interest, health,
safety, convenience, or welfare because it aligns with development and mix of land uses
envisioned in the Precise Plan and General Plan and is required to comply with City, State, and
Federal regulations for development, construction, infrastructure, and operations; and
d. The proposed Middlefield Bark Master Plan promotes a well -designed
development that is harmonious with existing and planned development in the surrounding area
because it aligns with the Precise Plan land use and development standards. The site design
places office uses along the north, adjacent to existing office buildings, and residential/mixed-use
buildings along the south, where other residential buildings have been approved, are under
review, or are envisioned; additionally, office and parking structures are placed along the east
side of Clyde Avenue due to the height and use restrictions of the proximate Moffett Federal
Airfield; and the project includes an extensive network of new public open spaces that provide
recreational opportunities for the local community, as well as provides buffer between different
land uses.
The Master Plan maintains existing public street circulation with new private
service streets to access parking/service locations and align with the block standards of the
Precise Plan; however, the Master Plan does not include the installation of Street C in the Precise
Plan, but, in lieu of Street C, the Master Plan provides publicly accessible multi -use paths, north -
south, as alternative circulation. Since the Master Plan application includes all affected
surrounding property owners around Street C, and the Master Plan Multi -Modal Transportation
Analysis (MTA) determined Street C is not necessary for vehicle circulation, and the Master Plan
Utility Impact Study (UIS) did not find Street C necessary for utility service or access; therefore,
the City finds the removal of Street C appropriate.
The Master Plan also proposes to relocate the equivalent area of the Linear Park
in the Precise Plan to the large Community Park located in the center of the project area (referred
to as Maude Park), in order to allow for a larger park (over five acres in size) and more functional
recreational space. The Linear Park location, as shown in the Precise Plan, is located in an area
with major existing underground utilities, which greatly restricts the type of recreational or
landscaping improvements that can be placed at -grade and, as such, placing the proposed private
service street at this location is a better use of the space; and
e. The approval of the Master Plan complies with the California Environmental
Quality Act (CEQA) as the City prepared a Supplemental Environmental Impact Report (SEIR) in
accordance with CEQA, which the SEIR tiered from the East Whisman Precise Plan Program
Environmental Impact Report, and includes a Statement of Overriding Considerations for the
project. The project adopts all feasible mitigation measures identified and described in the SEIR
and the project, as mitigated, will avoid or reduce all of the significant adverse impacts to a
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less -than -significant level, with the exception of the significant unavoidable impacts to air quality,
which significant unavoidable impacts are considered acceptable because these unavoidable
adverse environmental effects are outweighed by the benefits of the project as described in the
Statement of Overriding Considerations, The City Council by separate resolution certified the
SEIR and adopted required findings in accordance with CEQA.
2. That, pursuant to California Government Code Sections 65864, et seq., and City Code
Sections 36.54 to 36.54.40, the developer has requested a Development Agreement (DA) to
implement the Middlefield Park Master Plan, which the City Council will concurrently review and
consider under a separate ordinance. If adopted by the City Council, the DA includes terms which
relate to the enclosed conditions of approval and administrative procedures; and be it
FURTI IER RESOLVED: that the City Council of the City of Mountain View that the Planned
Community Permit for the Master Plan project is hereby granted subject to the developer's
fulfillment of all the conditions which are attached hereto as Exhibit A and administrative
procedures to implement the Master Plan attached hereto as Exhibit d, both of MIMI die
incorporated herein by reference.
TIME FOR JUDICIAL REVIEW
The time within which judicial review of this decision must be sought is governed by
California Code of Civil Procedure, Section 1094.6, as established by Resolution No. 13850,
adopted by the City Council on August 9, 1983.
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The foregoing resolution was regularly introduced and adopted at a Special Meeting of the
City Council of the City of Mountain View, duly held on the 15th day of November 2022, by the
following vote:
AYES: Councilmembers Abe-Koga, Kamei, Lieber, Matichak, Showalter, and
Mayor Ramirez
NOES: None
RECUSED: Vice Mayor Hicks
ABSENT: None
ATTEST:
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APPROVED:
LUCAS RA EZ
MAYOR
Pursuant to Mountain View Charter § 709(b), I do hereby
certify that the foregoing is an original or a correct copy of
the Resolution passed and adopted by the City Council of
the City of Mountain View at a Special Meeting held on the
15th day of November 2022, by t}Ae foregoing vote.
City Clery -
City of ITllountain View
Exhibits: A. Conditions of Approval
B. Administrative Procedures for Implementation
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Exhibit A
CONDITIONS OF APPROVAL
APPLICATION NO.: PL-2020-149
Middlefield Park Master Plan
The applicant is hereby notified, as part of this application, that the applicant is required to meetthe following conditions in accordance
with the Mountain View City Code and the State of California. Where approval by a City Department Director or Official is required,
that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws, and
regulations, and accepted practices for the item(s) under review. The applicant is hereby notified that the applicant is required to
comply with all applicable codes or ordinances of the City of Mountain View and the State of California that pertain to this
development, including those noted herein.
This approval is granted for the Middlefield Park Master Plan located on Assessor's Parcel Nos. 160-58-001, 160-58-016, 160-58-017,
160-57-004, 160-57-006, 160-57-007, 160-57-008, 160-57-009, 160-57-010, 160-57-011, 160-57-012, 160-57-013, 160-59-005,
160-59-006 in the P(41) East Whisman Precise Plan. Development shall be substantially as shown on the project materials listed below,
except as may be modified by conditions contained herein, which are kept on file in the Planning Division of the Community
Development Department:
Middlefield Park Master Plan (Master Plan) prepared for and by Google LLB, dated Uctober 2022.
b. Middlefield Park Implementation Plan (Implementation Plan) prepared for and by Google LLC, dated October 2022, which
includes such information as, but not limited to, the Master Plan Arborist Report, Tree Framework, Below -Market -Rate
Alternative Mitigation (Affordable Housing Plan), District Systems Concept Plan, etc.
Middlefield Park Master Plan Project Final Supplemental Environmental Impact Report (SCH No. 2021100026, Project SEIR)
prepared by the City in accordance with the California Environmental Quality Act (CEQA) Guidelines.
THIS REQUEST IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
NOTE: Any number listed in a condition title (e.g., "COA GEO-1.1 from Project SEIR") is the associated reference in the Project SEIR.
Any reference to Procedures can be found in Exhibit B to this resolution; and any reference to Subdivision Conditions can be found in
Resolution No. 18735.
Planning Division-650-903-6306 or planning.division@mountainview.gov
1. DEVELOPMENT AGREEMENT: A Development Agreement (DA) for the Middlefield Park Master Plan between the City of
Mountain View and Google LLC has been prepared for the project, which allows a longer entitlement period beyond the
standard two years (Application No. PL-2021-249). If a DA is approved by Council, then this Master Plan Permit is valid for the
term of the DA, with subsequent zoning permits valid per the terms of the DA. If no DA is approved, then this Master Plan
permit and all subsequent zoning permits associated with this project, shall be valid for a period of two years from the date of
Council approval and may be extended up to an additional two years after a duly noticed Administrative Zoning public hearing
per City Code Section 36.56.55.
2. APPLICABILITY OF THIS MASTER PLAN PERMIT: This Permit shall apply to any business/owner entity/fee interest
holder/ground lessee whose use and operational characteristics match those of the approved uses within the Master Plan and,
if approved, in accordance with the associated Development Agreement (DA). Unless otherwise permitted by an approved DA,
introduction of new uses, intensifications of the approved uses, and/or redistribution of approved uses shall require an
amendment to this Permit, which may also require amendments to the Master Plan, DA, and/or other approved materials.
3. EXPIRATION: This Master Plan permit shall become null and void if subsequent permits have not been issued and construction
activity has not commenced within the two-year period, unless a permit extension application has been submitted and
approved in accordance with City Code Section 36.56.55 by the Zoning Administrator at a duly noticed public hearing prior to
l
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the expiration date; or, if the Development Agreement (DA) is approved and in effect beyond the aforementioned period, the
permit shall become null and void upon expiration (or earlier termination) of the DA term. No Master Plan permit extension is
feasible after expiration of the DA.
4. EAST WHISMAN DEVELOPMENT RESERVE: This permit grants use of 632,354 square feet of net new office floor area from the
East Whisman Precise Plan Development Reserve by the applicant to develop the Master Plan. Unless this permit is otherwise
modified, voided, or expires, the allotted square footage cannot be used by another development project in East Whisman
outside of the Master Plan area. The development reserve allocation is available until fully utilized or until the expiration of
this permit. If this permit expires or the approved Development Agreement expires or terminates with remaining unused net
new office square footage, then all remaining square footage returns to the Development Reserve for redistribution by the City
to another development project(s).
EXISTING OFFICE FLOOR AREA: Pursuant to the East Whisman Precise Plan and East Whisman Precise Plan Jobs -Housing
Linkage Guidelines, the applicant may transfer the project's existing (to be demolished) office floor area (684,646 square feet)
to a Bonus I-loor Area Ratio (FAR) office projector divide the floor area among multiple Bonus FAR office projects within the
Master Plan area. Because transferred existing floor area is not net new floor area, the subsequent office project(s) does not
count the transferred floor area when calculating Community Benefits, Nonresidential Housing Impact Fees, or Jobs -Housing
Linkage requirements.
6. JOBS -HOUSING LINKAGE DEVELOPMENT REQUIREMENTS: Pursuant to the East Whisman Precise Plan Jobs -Housing Linkage
Guidelines, for every three residential units built or facilitated by the applicant via land dedication to the City, the applicant can
allocate a maximum of 1,000 square feet of Development Reserve Floor Area (net new floor area) to Bonus FAR office projects
within the Master Plan area. Occupancy of the residential units, or dedication and conveyance of land for residential use to
the City, which are associated with the Development Reserve Floor Area, must be obtained first prior to occupancy of the
associated Bonus FAR office building(s) per development phase.
BONUS FLOOR AREA RATIO (FAR) ALLOCATION: The project includes up to a maximum Bonus FAR of 0.71 for
residential/mixed-use (or 397,936 square feet) and a maximum Bonus FAR of 0.88 for nonresidential (or 622,925 square feet)
as shown per Precise Plan subcharacter area and development phase in the table below. Bonus FAR is based on approved
square footage above the base allowable FAR per the Precise Plan, not net new floor area nor the Cast Whisman Development
Reserve. The Community Benefits requirement is calculated based on the total Bonus FAR for the project, which is inclusive of
assumed development on Parcels R4a and R6 to be dedicated to the City.
Precise Plan Subcharacter Area
Total
Proposed
FAR
Base FAR
Bonus FAR
Residential/
Mixed -Use
Nonresidential
(Office)
Employment North, Low Intensity
0.39
0.4
N/A
-
Mixed -Use, Medium Intensity
0.75
0.4
-
0.35
1.11
1.0
0.11
-
Mixed -Use, High Intensity
0.93
0.4
-
0.53
1.6
1.0
0.6
-
Total Bonus FAR
0.71
0.88
Anticipated Bonus FAR By Development Phase
Phase 1
0.6
-
Phase 2
-
0.53
Phase 3
0.11
-
Phase 4
N/A
0.35
PERMIT SUBMITTAL REQUIREMENTS
12. OTHER REVIEW AGENCIES: This project requires review and approval by outside agencies, including, but not limited to, U.S.
Environmental Protection Agency (EPA), California Public Utilities Commission (CPUC), Valley Transportation Agency (VTA), Bay
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Area Air Quality Management District (BAAQMD), San Francisco Regional Water Quality Control Board (SFRWQCB), State Water
j Resources Control Board — Division of Drinking Water (DDW), Pacific Gas & Electric (PG&E), and Valley Water (formerly Santa
- Clara Valley Water District). Based on the scope of work in the development phase, written proof of approval or
acknowledgement of no approval necessary from these agencies is required prior to building permit issuance, inspections,
and/or prior to issuance of a Certificate of Occupancy,
13. REMEDIATION: Due to the project location in the Middlefield-Ellis-Whisman Superfund and Hewlett-Packard and
E/M Lubricants TCE gruundwaler plume, Lhe applicant shall work with Lhe City, the applicable oversight agency (e.g., the
U.S. Environmental Protection Agency, the State Department of Toxic Substances Control, State Regional Water Quality Control
Board, County of Santa Clara Department of Environmental Health, etc.), and responsible parties, if necessary, to address any
site remediation or building design/construction requirements to ensure appropriate on -site improvements in accordance with
the oversight agency standard practice; local, State, and Federal regulations; and City Code requirements. Design of
remediation equipment, equipment placement, or remediation activities will need to be reviewed and may require approval
by all parties (e.g., City, responsible parties, and/or oversight agency(ies). Prior to the issuance of any building permits, the
applicant shall either: (a) submit written proof of an approval from the oversight agency of remediation activity and/or building
and site design as deemed consistent with the remediation activity; or (b) provide written proof the work is not subject to
approval from an oversight agency. The City may request copies of, and the applicant shall provide upon request, all documents
submitted to the oversight agency, such as, but not limited to, applications, site management plans, operation, maintenance
and monitoring plans, vapor intrusion mitigation plans, etc. A Certificate of Occupancy cannot be issued until final inspections
have been completed by the City and the oversight agency, if required.
14. GEOTECHNICAL REPORT (COA GEO-1.1 FROM PROJECT SEIR): The applicant shall have a design -level geotechnical
investigation prepared which includes recommendations to address and mitigate geologic hazards in accordance with the
specifications of California Geological Survey (CGS) Special Publication 117, Guidelines for Evaluating and Mitigating Seismic
Hazards, and the requirements of the Seismic Hazards Mapping Act. The report will be submitted to the City during building
plan check, and the recommendations made in the geotechnical report will be implemented as part of the project and included
in building permit drawings and civil drawings as needed to the satisfaction of the Building Inspection Division and prior to the
issuance of building permits. Recommendations may include considerations for design of permanent below -grade walls to
resist static lateral earth pressures, lateral pressures caused by seismic activity, and traffic loads; method for backdraining walls
to prevent the build-up of hydrostatic pressure; considerations for design of excavation shoring system; excavation monitoring;
and seismic design. Additionally, recommendations shall include measures (e.g., shoring walls, and waterproofing) to minimize
the amount of dewatering required during construction and prevent substantial impacts to aquifers or existing wells. Specific
recommendations contained in the geotechnical report prepared for the project shall be implemented to the satisfaction of
the City of Mountain View Building Inspection Division.
15. TOXIC ASSESSMENT (COA HAZ-1.1 FROM PROJECT SEIR): A toxic assessment report shall be prepared and submitted as part
of the building permit submittal per development phase. 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: City's Fire Department (Fire
and Environmental Protection Division); 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 a site toxics mitigation plan has been approved.
16. BIRD -STRIKE MANAGEMENT PLAN: A bird -strike management plan, which provides project design features to reduce bird
strikes, shall be submitted as part of the building permit submittal with recommended provisions included in the building permit
plans per development phase. The bird strike measures shall include those standards/measures in the East Whisman Precise
Plan Section 3.11, such as, but not limited to, facade treatments, occupancy sensors, funneling of flight paths, and skyways,
walkways, or glass walls.
VEHICLE AND BIKE PARKING
17. DISTRICT OFFICE PARKING: To satisfy the project's office parking requirement, the Master Plan includes district parking,
whereby the majority of required parking spaces for the up to 1,317,000 square feet of office use is located in two parking
garages (P1 and P2) with some parking available at each office building location. These parking garages may be located on a
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parcel other than the office building(s) for which the parking spaces serve; therefore, the applicant and property owner(s) of
the applicable office building parcel and the applicable parking garage parcel must acknowledge and memorialize the legal right
w of the office parcel and building users to utilize the off -site parking spaces for the life of the project through a legal recorded
agreement in a form approved by the City and recorded on all affected parcels. It shall run with the land and shall not be
amended without prior City consent. The applicant/property owner acknowledges the legal rights and ability to utilize off -site
parking spaces to satisfy the parking requirements for the office uses of the Master Plan is an express condition of approval for
the project and is necessary for the continued occupancy of the office building(s).
18. PHASE 2 TEMPORARY OFFICE PARKING: To satisfy the project's office parking requirement for Phase 2 (Parcels 01 and 02),
with submittal of the Phase 2 zoning permit application, the applicant must submit a letter to the Planning Division identifying
off -site location(s) that can provide the remainder of parking required until such time the proposed district parking structures
P1 and P2 are constructed, or, if the Development Agreement (DA) is approved, for the duration of the DA, which is signed by
the project applicant and property owner(s) of the subject properties. The applicant must demonstrate that adequate parking
is available to serve the off -site office buildings and the on -site use(s) at the temporary off -site parking location(s), per Precise
Plan/zoning-compliant or approved parking ratios. Prior to issuance of a building permit for Phase 2 office buildings, the off -
site parking location(s) property owner(s) must execute a legal recorded agreement acknowledging the sites for which the
property will serve for parking and each office site must also record the same agreement. It shall run with the land and shall
not be amended without prior City consent. In addition (and at the same time), the applicant must also execute and record a
deed restriction on Parcels P1 and P2 that restricts the use of those parcels to parking with sufficient remaining number of
spaces for all of the office parcels (01, 02, 03, 04, 05). Once the District parking structures (P1 and P2) are available for long-
term parking, the recorded agreements for temporary office parking can be dissolved and removed from recordation on the
off -site parking locations and deed restrictions removed from Parcels P1 and P2.
19. PARKING MANAGEMENT PLAN: During review of subsequent zoning permit applications per development phase, the
applicant shall provide a preliminary parking management plan to assist the City in reviewing and approving parking ratios,
Prior to building permit issuance per development phase, the applicant shall develop a formal parking management plan
describing parking allocation/shared parking for residents, guests/visitors, and/or commercial uses for each building location
on the project site, subject to approval by the Zoning Administrator.
20, LOADING/DELIVERY PLAN: During review of subsequent zoning permit applications per developrnenL phase, a prelirinary
loading/delivery plan may be required to be submitted by the applicant to assist the City in reviewing and approving parking
ratios, flex zones, or design of loading locations. Prior to building permit issuance per development phase, the applicant shall
develop a formal loading/delivery plan specifying measures to manage on -site deliveries and loading for each building location,
which may include measures to tailor delivery hours and/or days to limit conflicts with peak traffic times or adjacent land uses,
subject to approval by the Zoning Administrator.
SITE DEVELOPMENT AND BUILDING DESIGN
21. MINIMUM NEIGHBORHOOD COMMERCIAL: Per the Precise Plan, a minimum of 5,000 square feet of ground -floor commercial
space must be provided for neighborhood commercial uses near the Ellis Street and Middlefield Road intersection, near the
VTA Middlefield Light Rail station. This space shall not count toward the applicant's Community Benefit Small Business
Diversification and Nonprofit Inclusion Program.
22. PRIVATELY OWNED, PUBLICLY ACCESSIBLE OPEN SPACE DESIGN: The project includes a park land credit for a privately owned,
publicly accessible (POPA) open space and improvements (referred to as Ellis Park). The conceptual POPA open space design
is included in the Master Plan to be further refined through subsequent zoning permits for each phase of development adjacent
to the POPA open space (Phases 1 and 2). The conceptual POPA open space design includes access to a public restroom and
the following maximum number of elements and other design features, which may be consolidated or reduced with further
design refinement in accordance with City Code Section 41.11.a and the objectives of Section 41.11.a.2.b:
a, One game court that meets the standards of the professional association forth e type of activity proposed (approximately
2,500 square feet);
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b. Up to two playgrounds: one for toddlers (ages two to five years) and one for youth (ages five to 12 years), approximately
2,500 square feet each;
C. A picnic area to seat at least 15 people with one barbecue for every two tables (approximately 750 square feet);
d. An exercise area to support 10 people using equipment at the same time, including Americans with Disabilities Act (ADA)-
accessible equipment (approximately 1,000 square feet); and
e. An alternate element of a demonstration/educational garden that portrays food production, native plant ecotypes,
gardening techniques, or other similar activities, which is managed by the applicant, a nonprofit or a third -party
organization of approximately 3,500 square feet.
Other design features which may be located in the POPA open space separately, or in some combination thereof, include:
f. Bike parking (approximately 2,000 square feet);
g. A native garden, referred to as a Station Garden (approximately 1,000 square feet);
h. An interactive public art installation(s), per the project's Community Benefits;
I. A north -south multi -use path as required by the Precise Plan;
j. A fire/emergency access lane required by the Fire Code to serve the project buildings;
k. A VTA bus stop and midblock pedestrian -bicycle crossing along Middlefield Road, adjacent to Ellis Plaza, as shown in the
Master Plan, subject to CPUC/VTA approvals;
I. A stand-alone cafe kiosk and outdoor dining terrace of up to 2,000 square feet;
I'll. Ellis Cornmunily Pavilion/Fairchild Bdrns building of up lu 1,000 square feet, which rrrdy include d public wsUuum, a
community room; and
n. A turf/lawn area or a dog park area of no more than 2,000 square feet.
In addition to the elements described, a clear visual/physical demarcation must be installed to separate the adjacent private
building developments and the POPA open space such that ground -floor uses (active uses) in the private buildings are not
impeding use of the POPA open space for public enjoyment and access (e.g., spillover outdoor dining or outdoor displays).
Following subsequent zoning permit approvals of the POPA open space, minor modifications to the approved POPA open space
plans for construction, such as adjustments to element location, dimensional area, specifications, and/or site modifications to
comply with building and fire codes, can be approved by the Community Services Director and/or Community Development
Director during building permit review. All other modifications are considered major modifications and must be approved by
the City Council at a duly noticed public hearing.
23. POPA OPEN SPACE NAME: The POPA open space name shall be provided by the applicant and reviewed and approved by the
City as part of the first zoning permit that includes a portion of the POPA open space area.
24. POPA OPEN SPACE DIMENSIONS: The POPA open space must maintain a length of approximately 1,096' on the west side, a
length of approximately 1,163' on the east side (along the VTA tracks), and a width of no less than 100' along the majority of
the open space, but no narrower than 97' in width at any given point with up to a cumulative size of 2.87 acres. Additionally,
the plaza portion of Ellis POPA open space (along Parcels R1 and R2) must be maintained as 1 acre in size to comply with the
required Central Park open space in the Precise Plan. The Central Park is defined by 1 to 2 acres of a signature gathering space
adjacent to the Middlefield VTA Station that is highly visible and encourages use of the light rail station that can include: retail,
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outdoor dining, seating, site furnishings, and entertainment uses to generate lively pedestrian activity through the day and
evening and accommodate community gatherings and events.
25. POPA OPEN SPACE SIGNAGE: A primary identification sign with the open space name must be located at the main entrance
of the POPA open space; additional identification signs located at secondary entrances may be considered. All signs require a
zoning permit and must comply with the sign requirements of the underlying zoning district (for sign purposes, the POPA open
space is treated as a separate parcel). In addition to the identification sign(s), at each entrance of the POPA open space, a sign
shall be posted with the following rules, regulations, and information for visitors: (a) announce as a privately owned, publicly
accessible (POPA) open space for public enjoyment; (b) hours of use (see Subdivision Condition No. 13); (c) a phone number of
the Owner or Owner representative for visitors to contact for any maintenance and safety concerns; (d) list "in case of
emergency, please call 9-1-1"; and (e) list the contact information for the City's designated animal control agency. All
directional signage for the multi -use path within the POPA open space shall be posted in compliance with the Manual on
Uniform Traffic Control Devices (MUTCD).
26. PUBLIC ART: The project applicant must comply with the following requirements for existing/new public art on the project
site. If the Development Agreement is not approved, then only subsection a. below applies:
Existing Public Art: The project site has multiple pieces of existing, installed public art. The applicant must either:
(1) relocate the public art within the Master Plan; (2) relocate the public art within the City, in a location where the public
can equally enjoy the subject piece(s); (3) maintain the art in place; (4) donate the public art to another party to locate
in the City; or (5) if none of the options above are feasible, an alternative can be agreed upon by the Community
Development Director and the applicant. A zoning and building permit is required for any public art relocation.
b. New Public Art (at Ellis Park): At zoning permit submittal for the development phase that includes the POPA open space,
the applicant must submit: (i) the vision statement and design principles for the public art; (ii) the proposed location(s)
for the public art; (iii) the conceptual design(s) of the public art; and (iv) the process and timeline for production and
installation. At building permit submittal for the same development phase, the applicant must submit: (i) the name of
the artist, designer, or design studio and their bios and representative work; and (ii) the final public art design, The City
shall review and approve the final design. Upon the City's request, the applicant shall provide confirmation of the cost
of Lhe PUbliC at L, inLluding Lusl.s, Curnrnissiuns, and fees assuClated wlLh prucurernent, creation, and lrlstdllal.lorl of such
public art. The installation of the public art shall be completed prior to final inspection under that building permit.
27. LIGHTING PLAN (COA AES-1.1 IN PROJECT SEIR): The applicant shall submit a lighting plan in building permit drawings per
development phase. This plan should include photometric contours, manufacturer's specifications on the fixtures, and
mounting heights. The design and location of outdoor lighting fixtures shall ensure there will be no glare and light spillover to
surrounding properties, which is demonstrated with photometric contours extending beyond the project property lines. The
lighting plan submitted with building permit drawings must be approved by the Zoning Administrator prior to building permit
issuance,
28. ROOFTOP DECK LIGHTING (COA AES-1.1 IN PROJECT SEIR): Proposed lighting fixtures on the rooftop decks and courtyards
shall not be visible from ground level on adjacent public streets. Any string lighting shall be designed to include shades to avoid
light spillover and be screened so they are not visible from off -site. Limited pedestrian-scale/building-mounted lighting along
pathways may be permitted subject to review and approval of a photometric lighting plan submitted as part of the building
permit drawings per development phase.
GREEN BUILDING AND SUSTAINABILITY MEASURES
29. GREEN BUILDING REQUIREMENTS —NEW CONSTRUCTION: The project is required to meet the mandatory measures of the
California Green Building Standards Code and meet the intent of the applicable green building standard in place at time of
building permit submittal. All mandatory prerequisite points and minimum point totals per category to attain the noted green
building status must be achieved unless specific point substitutions or exceptions are approved by the Community
Development Department. Formal project registration and certification through Build It Green or U.S. Green Building Council
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is not required for compliance with the Mountain View Green Building Code (MVGBC). The project is also required to comply
with Title 24, Part 6. Per the Precise Plan and the MVGBC, the applicable green building standards are:
a. For residential new construction, the building must meet the intent of 120 GreenPoint Rated points or equivalent.
b. For nonresidential new construction, the building must meet the intent of LEED Platinum® or equivalent.
C. For mixed -use new construction, the building must meet the intent of 120 GreenPoint Rated points for the residential
portion of the project and meet the intent of LEED Platinum® for the nonresidential portion of the project or equivalent
standards.
d. For all nonresidential tenant improvements, including building additions of 1,000 square feet or greater, and/or building
alterations with a permit valuation of $200,000 or above, the building must meet the mandatory measures of the
California Green Building Standards Code and Title 24, Part 6.
e. Per Precise Plan Section 3.10, all new construction must: (i) meet the baseline indoor and outdoor water performance
standards defined in LEED BD+C prerequisites and mandatory CalGreen requirements; (ii) install dual plumbing for
potable and recycled water use, per current City codes. Dual -plumbed buildings shall be equipped with potable back-up
systems in the event of recycled water outages; and (iii) construct the on site irrigation to be recycled water conversion
ready, per City standards, to connect to the recycled water system once the system is complete.
30. ENERGY MONITORING: To support energy management and identify opportunities for energy savings, the project shall provide
submeters or equivalent combinations of sensors to record energy use data (electricity, natural gas, etc.) for each major energy
system in each building. This monitoring is required irrespective of whether the applicant pursues a district system.
TREES AND LANDSCAPING
31. ARBORIST REPORT (COA BIO-2.1 FROM PROJECT SEIR): A certified arborist shall provide written instructions for the care of
the existing tree(s) to remain on -site before, during, and after construction. The report shall also include a detailed plan
slluwirig insLalluLiun of LIWiii litIlc fencing uiuulid Lhe di ipline, ui ull.eiiidtive tree piutectiun measures if cunsl.iuctiun is Lu uccul
within the dripline, to protect these trees and installation of an irrigation drip system and water tie-in for supplemental water
during construction. Arborist's reports shall be received by the Planning Division and must be approved prior to the issuance
of building permits per development phase, Prior to construction, the arborist shall certify in writing that all tree preservation
measures have been implemented. Approved measures from the report shall be included in the building permit drawings. The
Implementation Plan includes a Master Plan -wide arborist report available for reference in subsequent permits. The applicant
is required to submit site -specific arborist reports per development phase in accordance with the zoning permit application
submittal requirements.
32. ARBORIST INSPECTIONS (COA BIO-2.1 FROM PROJECT SEIR): During demolition activity and upon demolition completion of a
zoning -entitled development phase of the project, a certified arborist shall inspect and verify the measures described in the
arborist report are appropriately implemented for construction activity near and around the preserved trees, including the
critical root zones. Should it be determined that the root systems are more extensive than previously identified and/or
concerns are raised of nearby excavation or construction activities for the project foundation or underground parking garage,
which were not previously disclosed in a site -specific arborist report, then the design of the building and/or parking garage may
need to be altered to maintain the health of the trees prior to building permit issuance.
33. MONTHLY ARBORIST INSPECTIONS (COA BIO-2.1 FROM PROJECT SEIR): Throughout demolition and construction of a
zoning -entitled development phase of the project, a certified arborist must conduct monthly inspections to ensure tree
protection measures and maintenance care are provided. A copy of the inspection letter, including recommendations for
modifications to tree care or construction activity to maintain tree health, shall be provided to the Planning Division at
planning.division@mountainview.gov.
(
1
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Resolution No. 18734
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34. REPLACEMENT TREES (COA BIO-2.1 FROM PROJECT SEIR): The applicant shall offset the loss of each of the following trees on -
site: (a) removal of one Heritage tree with two new replacement trees; (b) removal of one street tree with one new
yi replacement street tree; and (c) removal of one non -Heritage tree with one new replacement tree. Each replacement tree
shall be no smaller than a 24" box and shall be noted on the landscape plans as to the type of replacement tree, along with a
table with the total number of trees removed and replaced.
35. STREET TREE PROTECTIONS (COA BIO-2.1 FROM PROJECT SEIR): All designated City street trees to remain are to be protected
LhroughouL construction acliviLy with protection measures approved by the City arborist and shown on building permit plans.
36. TREE PROTECTION MEASURES (COA BIO-2.1 FROM PROJECT SEIR): The tree protection measures listed in the Master Plan
arborist report prepared by HortScience/Bartlett Consulting and included in Appendix G of the Implementation Plan, as well as
any subsequent site specific arborist report prepared for a development phase, shall be included as notes on the title sheet of
all grading and landscape plans. These measures shall include, but may not be limited to, 6' chain -link fencing at the drip line,
a continuous maintenance and care program, root pruning guidelines, and protective grading techniques. Also, no materials
may be stored within the drip line of any protected/preserved tree on the project site.
37. TREE MITIGATION AND PRESERVATION PLAN (COA 13I0-2.1 FROM PROJECT SEIR): The applicant shall develop a tree
mitigation and preservation plan to avoid impacts on regulated trees and mitigate for the loss of trees that cannot be avoided
per development phase. The plan shall also outline measures to be taken to preserve off site trees. Routine monitoring for
the first five years and corrective actions for trees that consistently fail the performance standards shall be included in the tree
mitigation and preservation plan. The tree mitigation and preservation plan shall be developed in accordance with Chapter 32,
Articles I and ll, of the City Code per development phase and subject to approval of the Zoning Administrator prior to removal
or disturbance of any Heritage trees resulting from project activities, including site preparation and demolition activities.
38. TREE REPLACEMENT/MITIGATION FEE: In exchange for site constraints and/or the limited ability to plant new trees on -site
within a given development phase, the applicant shall offset the loss of Heritage tree(s), City street tree(s), or other non -
Heritage tree(s) with a replacement fee made payable to the City of Mountain View, based on the adopted fee schedule in
place at time of payment. The fee must be paid prior to building permit issuance. Alternative measures for compliance can be
reviewed and approved by the Community Services Director, in consultation with the City arborist, particularly if
uurIcurriplidilce wiLh a ee repldceineriL requiierneriLs is di iiil.eiim sLdLe belweeii develupmeuL phases wliei eby Full wrnPlidnce
is anticipated upon construction completion.
NOISE
39. MECHANICAL EQUIPMENT (NOISE) (COA NOI-1.2 FROM PROJECT SEIR): 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 per City Code Section 21.26.
40. 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 qualified acoustical consultant prior to building permit submittal
for each new building.
41. CONSTRUCTION NOISE REDUCTION (COA NOI-1.1 FROM PROJECT SEIR): The following noise reduction measures shall be
incorporated into construction plans and contractor specifications to reduce the impact of temporary construction -related
noise on nearby properties: (a) comply with manufacturer's muffler requirements on all construction equipment engines;
(b) turn off construction equipment when not in use, where applicable; (c) locate stationary equipment as far as practical from
receiving properties; (d) use temporary sound barriers or sound curtains around loud stationary equipment if the other noise
reduction methods are not effective or possible; and (e) shroud or shield impact tools and use electric -powered rather than
diesel -powered construction equipment.
42. SITE -SPECIFIC BUILDING ACOUSTICAL ANALYSIS (COA NOI-2.1 FROM PROJECT SEIR): A qualified acoustical consultant will
review final site plans, building elevations, and floor plans prior to construction to calculate expected interior noise levels as
5
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required by State noise regulations. Project -specific acoustical analyses are required by the California Building Code to confirm
F]; that the design results in interior noise levels reduced to 45 dB(A)Ldn or lower, The specific determination of what noise
insulation treatments are necessary will be completed on a unit -by -unit basis. Results of the analysis, including the description
of the necessary noise control treatments, will be submitted to the City along with the building plans and approved prior to
issuance of a building permit. Building sound insulation requirements will include the provision of forced -air mechanical
ventilation for all residential units as recommended by the qualified acoustical consultant, so that windows can be kept closed
at the occupant's discretion to control noise. Special building techniques (e.g., sound -rated windows and building facade
treatments) will be implemented as recommended by the qualified acoustical consultant to maintain interior noise levels at or
below acceptable levels. These treatments will include, but are not limited to, sound -rated windows and doors, sound -rated
wall construction, acoustical caulking, protected ventilation openings, etc.
43. PILE DRIVING NOISE REDUCTION: The following measures shall be incorporated into construction plans and contractor
specifications if pile driving is proposed: (a) multiple pile drivers shall be considered to expedite construction. Although noise
levels generated by multiple pile drivers would be higher than the noise generated by a single pile driver, the total duration of
pile driving would be reduced; and (b) temporary noise control blanket barriers shall shroud pile drivers or be erected in a
manner to shield the foundation pile holes as a standard construction noise control technique. Predrilling reduces the number
of blows required to seat the pile.
TRANSPUkIAIION PRU6RAIVISAND IMPRUVEMENIS
44. MASTER PLAN OFFICE TRIP CAP PHASING PLAN: Office a.m. and p.m. peak period vehicle trip caps (trip caps) must comply
with the requirements of the East Whisman Precise Plan. The Master Plan office trip cap is established in Condition No. 45,
which is applicable to all new and redeveloped office square footage. In achieving the Master Plan's office trip cap, the applicant
can pursue the following options per Section 3.9 of the Precise Plan with submission of a Trip Cap Phasing Plan (Phasing Plan):
a. Incorporate Other Sites: The applicant can elect to allow for higher trip cap rates for the office development(s) in the
Master Plan area by applying TDM program requirements to other existing buildings in the East Whisman area they may
have control and operations over. By reducing vehicle trips at one site, it can allow for a higher trip cap in the Master
Plan area while still achieving reduced trips overall in the Precise Plan area. The Phasing Plan for this option must include,
at minimum: (1) the properties to be Included in the program; (11) 1 UIVI measures to be applied to each property to achieve
the trip caps proposed; (iii) analysis of proposed trip caps applicable to each property, including the revised Master Plan
trip cap; (iv) a timeline for implementation of the TDM program; and (v) acknowledgement of annual monitoring and
penalties per Condition No. 46.
b. Phase -In Plan: The applicant can elect for near -term flexibility in meeting the Master Plan trip cap requirements per
Condition No. 45 by developing a phase -in option. This may be necessary to accommodate a multi -phased, large-scale
development where physical limitations in development make full compliance infeasible. The Phasing Plan for this option
must include, at minimum: (i) an interim trip cap that does not exceed the East Whisman Precise Plan areawide average
of 0,95 a.m. and 0.88 p.m. peak -hour trips, but may not need to meet the Master Plan trip cap initially; (ii) TDM measures
to achieve the interim trip cap; (iii) a timeline for achieving all required TDM measures and trip caps overtime per
Condition No. 45, which shall be the least amount of time necessary but in no case exceed four (4) years after occupancy
of each office building; and (iv) acknowledgement of annual monitoring and penalties per the interim trip cap rates in
accordance with the requirements of Condition No. 46. An extension request process beyond the four year time limit
may be incorporated into the Phasing Plan, depending on the status of development and availability of district parking
under the Master Plan at time of submittal.
Any Trip Cap Phasing Plan must be submitted with a zoning permit for an office building(s) to be reviewed and approved by the
City. To confirm compliance, the City can hire a third -party consultant to review the materials provided and determine
appropriate revised trip caps and TDM measures, which shall be funded by the applicant (at full contract cost plus the City's
administrative fee). Following the expiration of the approved Phasing Plan, the applicant is subject to the full requirements
identified in Condition Nos, 45 and 46. For clarity purposes, the first year of initial monitoring after the Master Plan trip cap
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applies, the allowable grace period in Condition No. 46 can apply, even if the grace period was used during the Phasing Plan
with the interim trip cap.
45. MASTER PLAN TRANSPORTATION DEMAND MANAGEMENT PROGRAM: The property owner(s), property manager(s), and
homeowners association (HOA) or their representative(s) (collectively, "the owners") are required to maintain a Transportation
Demand Management (TDM) program which provides commute and transportation alternatives to employees/residents which
will reduce peak -hour vehicle trips to/from the Master Plan area. Each parcel must maintain a separate TDM program, but the
measures must comply with the minimum requirements of the Master Plan TDM program and Lhe EasL Whisr'nan Precise Plan
TDM measures. The TDM program measures shall be formally accepted by the owner(s) prior to building permit issuance per
development phase through a legal agreement or recorded document, as determined by the City Attorney, with contents to
the satisfaction of the Zoning Administrator. The mandatory TDM measures include:
A. for Nonresidential (Office) Development:
(1) Maintain vehicle trip caps of 1,097 a.m. peak hour trips and 952 p.m. peak hour trips, based on the East Whisman
areawide trip cap of 0.83 a.m. and 0.72 p.m. peak hour trip per 1,000 square feet of office ("Master Plan trip cap").
(2) Join and maintain ongoing membership in the Mountain View Transportation Management Association (MVTMA)
for the life of the project.
(3) Provide an on -site transportation coordinator to implement and manage the TDM program and to serve as a liaison
between the employer/tenant and the MVTMA.
(4) Develop and distribute marketing and information materials to inform employees and visitors about the TDM
program and encourage their participation.
(5) Provide a flexible, alternative work schedule program to allow employees to travel outside of peak periods; provide
telecommute work options.
(6) Provide a Guaranteed Ride I lome program to encourage use of alternative transportation.
(7) Directly provide, or provide direct access to, shuttle services to connect employees and guests to existing transit.
(8) Provide bicycle parking, along with showers and changing facilities, as defined in the Precise Plan. Provide a
sufficient amount of self -repair station(s) for bikes.
(9) Provide ride -share matching services to encourage carpooling by employees and provide bike -matching services
to encourage employees to bike to work together.
(10) Include site design features to further alternative modes of travel, such as: (i) give priority parking locations to
carpools and vanpools as defined in the Precise Plan; (ii) provide care share parking as defined in the Precise Plan;
and (iii) orient building entrances toward sidewalks, transit stops, and bicycle facilities.
(11) Additional measures to consider: (i) provide, access to a fleet of shared vehicles; (ii) provide subsidized
membership to external car sharing organizations; (iii) provide a bike loaner program to provide bikes on an
extended basis to visiting or short-term employees for commuting; (iv) provide monetary incentives for alternative
modes, such as subsidized transit passes (e.g., VTA, SmartPass, Caltrain Pass, and Clipper cards), bike -share or
carpools for office employees, or cash -out program for use of alternative modes. For carpool services, employers
provide vans, fuel, toll expenses, and vehicle maintenance; and (v) provide monetary incentive for employees to
purchase bikes.
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B. For Residential Development:
(1) Maintain a trip reduction of 9% over the Institute of Transportation Engineers (ITE), 10th Edition, trip rates for
midrise multi -family residential (ITE Code: 221).
(2) Join and maintain ongoing membership in the Mountain View Transportation Management Association (MVTMA)
for the life of the project.
(3) Provide minimum bicycle parking as defined in Precise Plan. Also, provide and/or maintain access to shared
bicycles for residents if a bike -share service is not nearby,
(4) For buildings with over 100 units, provide and maintain shared, common, collaborative workspaces with WiFi for
residents and their guests. This amenity can be offered in partnership with nearby residents and businesses.
(5) Provide monetary incentives for alternative modes of travel, such as subsidized transit passes or bike -share for
residents and/or unbundled parking.
(6) Provide and maintain accessible and secure storage spaces for grocery and package delivery within each
residential/mixed-use building.
(7) Provide local transportation information to all residents through a website, leasing office, and/or initial sale
information.
(8) Support Safe Routes to Schools programs, including facilitating parent gatherings and coordination of walking,
school buses, and/or bike trains.
(9) Include site design features to further alternative modes of travel, such as: (i) orient building entrances toward
sidewalks, transit stops, and bicycle routes; and (ii) provide conveniently located ride -share drop-off and waiting
areas on -site.
46. MASTER PLAN TRANSPORTATION DEMAND MANAGEMENT MONITORING: The property owner(s), property manager(s), and
homeowners association (HOA) or their representative(s) (collectively, "the owners") shall prepare an annual Transportation
Demand Management (TDM) monitoring report and submit it to the City to document the effectiveness of their TDM program
in achieving the peak -hour vehicle trip reductions for nonresidential office development (a trip cap of 1,097 a.m. peak hour
trips and 952 p.m. peak hour trips) and the percent trip reduction for residential development (trip reduction of 9% over tKe
ITE Trip Generation Manual, 10th Edition, trip rates for midrise multi -family residential, ITE Code: 221) within the project. The
TDM monitoring report shall be prepared by an independent consultant and paid for by the property owner(s) or their
representative; the consultant shall work with the property's TDM coordinator. Separate TDM monitoring reports must be
submitted to the City for each respective building/parcel; or a collection of buildings/parcels within the Master Plan area held
in the same ownership, so long as each individual building/parcel monitoring is reported on separately for compliance.
TDM Monitoring Reporting (All Development): The first initial TDM monitoring report for the project will be submitted
on December 1, or the following business day thereafter if a weekend, one calendar year after the granting of the
Certificate of Occupancy for the building. Subsequent monitoring reports will be collected annually on December 1.
Monitoring Report Requirements:
(1) Nonresidential Developments: The TDM monitoring report will include a list of TDM measures used and
determination of historical employee commute methods, which shall be informed by surveying all employees
working on the project site and through multi -day, weekday driveway traffic counts. All nonresponses to the
employee commute survey will be counted as a drive -alone trip. The driveway traffic counts shall be prepared
and provided by an independent, licensed consultant and paid for by the property owner(s) or tenant. The
driveway counts and resulting data shall be included in the TDM monitoring report provided to the City. The TDM
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monitoring report shall include a description of measures in place and any new or modified measures since the
last monitoring period.
(2) Residential Developments: The TDM monitoring report will include a list of TDM measures used and informed by
a parking survey. The survey will be conducted by a third party and paid for by the property owner(s) or their
representative and will include parking counts to measure peak parking demand and resulting parking rate. The
TDM monitoring report shall include a description of measures in place and any new or modified measures since
the last monitoring period.
C. Monitoring Report Conclusions/Program Modifications:
(1) Nonresidential Office Developments: The TDM monitoring report shall either state: (1) the project has maintained
a vehicle trip cap of 1,097 a.m. peak hour trips and 952 p.m. peak hour trips, providing supporting statistics and
analysis to establish attainment of the goal; or (2) the project has not achieved the peak -hour vehicle trip caps,
providing an explanation of how and why the goal has not been reached and a description of additional measures
that will be adopted in order to attain the TDM goal required for the project.
If the vehicle trip cap is exceeded, the property owner(s) or representative(s) shall submit a revised TDM plan to
the City identifying new programs or measures to address the exceedance and reduce the number of site -specific
vehicle trips, or identifying additional sites where the TDM program will be enforced. If the following annual
monitoring report indicates that, despite changes to the TDM program, the site still does not comply with the
vehicle trip cap, then the City will assess the employer(s)/property owner(s)/property managers(s) a financial
penalty.
(2) Residential Developments: The TDM monitoring report shall either state: (1) the project is maintaining the TDM
program, including a description of the measures in place, and achieving the trip reduction required; or (2) the
project has not maintained the program and/or trip reduction required and proposes new or modified measures
since the last monitoring period. If the required trip -reduction is not met, the property owner or HOA shall submit
a revised TDM plan to the City identifying new programs or measures to address the exceedance and reduce the
uurnlJca of VL-Id .le hips.
d. Penalty for Noncompliance (for Nonresidential Office Only): If, after an initial TDM monitoring report shows
noncompliance, the following subsequent (second) annual monitoring report indicates that, in spite of the changes in
the TDM program, the vehicle trip cap is still not being met, or if the applicant fails to submit such a TDM report at the
times described above, the City may assess a penalty in the maximum amount of One Hundred Thousand Dollars
($100,000) for the first percentage point above the vehicle trip cap of 1,097 a.m. peak hour trips and 952 p.m. peak hour
trips and an additional Fifty Thousand Dollars ($50,000) for each additional percentage point above thereafter ("TDM
Penalty"). The penalty applies whether a.m. or p.m. trips are exceeded, or a combination of both; the monetary penalty
is based on whichever trip cap is the highest percent above the trip cap. In determining whether the TDM Penalty is
appropriate, the City may consider whether the owner(s) has made a good -faith effort to meet the TDM goals and allow
a six (6) month "grace period" to implement additional TDM measures to meet the vehicle trip cap. If the project does
not achieve the necessary reductions to meet the trip cap after the six (6) month grace period (with results included in
a follow-up monitoring report), the City may require the owner(s) to pay a TDM Penalty as shown in the sample table
below. Any expenses that are put toward achieving the trip cap can be offset against the TDM Penalty. The TDM Penalty
shall be paid to the MVTMA and used to promote alternatives to single -occupancy vehicle use in the City.
Peak -Hour Trip Reduction
Percent
Above Cap
Penalty Amount
a.m. trips
p.m. trips
1,097
952
0%
-0-
1,108
962
1%
$100,000
1,119
971
2%
$150,000
1,130
981
3%
$200,000
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CC&RS AND DISCLOSURES
47. CC&Rs: One electronic PDF of the draft Covenants, Conditions, and Restrictions (CC&Rs) for the homeowners and/or
commercial owners association shall be submitted to the Planning Division for content review and consent prior to building
permit issuance per development phase. At building permit submittal, the applicant shall provide a completed CC&R checklist
along with a fee made payable to the City of Mountain View (this is a standard City processing fee). The checklist can be
obtained by contacting the project planner or by email inquiry to planning.division@mountainview.gov.
48. CC&Rs MASTER PLAN: The applicant shall prepare a CC&R's master plan which establishes rules for modifications or additions
of any building structures at this site, including fences, trellises, sunshades; and accessory buildings as well as modifications to
principal buildings. These rules shall be consistent with the provisions of the East Whisman Precise Plan and the Middlefield
Park Master Plan, and the content shall be approved by the Zoning Administrator. The CC&Rs shall specifically state that the
CC&R master plan establishes the rules for additions/modifications to the building complex and that changes to the CC&R
master plan require approval by the Zoning Administrator. The CC&Rs master plan must be incorporated into the CC&Rs, either
as a section within the document or an exhibit, and shall be submitted to the Planning Division for review and approval.
49. PROJECT INFORMATION: All marketing and sales literature, leasing information, and the Covenants, Conditions, and
Restrictions (CC&Rs) for the complex shall clearly state that this project is complete as built and that no further expansions to
the building structures are permitted without Planning Division approval. Any revisions to the project would require a separate
application to the City by the homeowners association and would need to establish rules for all units in the complex.
50. NOTICE OF DEVELOPMENT RESTRICTIONS: A Notice of Development Restrictions indicating the related zoning permit
conditions that are to be completed with the development of the property is required for: (1) all planned developments;
(2) common -interest developments; (3) any ground -floor commercial space (Active Use Space) in the Master Plan which is
exemptfrom floor area as a neighborhood commercial use, community facilities use, or child-care facility; and (4) for any tenant
space participating in the applicant's Community Benefit Small Business Diversification and Nonprofit Inclusion program. The
notice shall be prepared by the Planning Division and City Attorney's Office and shall be signed and notarized by the subdivider.
A copy of the legal agreement form is located in Exhibit M in the Development Agreement (DA), which shall apply to the project
with an approved DA. The approved and executed Notice of Development Restrictions must be recorded on the land of the
subdivision either: (i) before the approval of the parcel or final map, if the use of the tenant space is determined to be
consistent with this condition; or (ii) prior to issuance of a building permit for the tenant space, which is determined to be
consistent with this condition. It shall run with the land and shall not be amended without prior City consent.
51. ADDITIONAL NOTICES/DISCLOSURES: In addition to required disclosures, the CC&Rs and all leasing and sales information must
also include disclosures pertaining to: (a) notify potential buyers/renters/tenants about any known environmental
contamination issues and the project site's environmental cleanup status with the U.S. EPA, (b) information and details on the
private district systems as outlined in the Implementation Plan, should the applicant pursue installation; (c) nearby noise -
generating uses and activities, including any new uses introduced within the development (e.g., Moffett Federal Airfield, VTA
light rail, State Route 237, public parks, plaza at Ellis Park, etc.); and (d) any other disclosures as required by the Davis -Stirling
Act, California Commercial and Industrial Common Interest Development Act, or any other applicable law.
52. COVENANT FOR SMALL BUSINESS PROGRAM SPACE: For all active use locations where the applicant provides subsidized
tenant space per the applicant's Community Benefit Small Business Diversification and Nonprofit Inclusion Program (Small
Business Program), the applicant shall execute a legal covenant to run with the land. The covenant shall identify the specific
tenant space that will retain subsidized rent for a minimum of 10 years, or, if approved, the duration of the Development
Agreement (DA) term in accordance with the DA provisions, whichever is longer, by a qualified business(es) in accordance with
the Small Business Program framework, for which definitions and terms are located in Exhibit M of the DA. The covenant shall
be prepared by the Planning Division and City Attorney's Office and shall be signed and notarized by the applicant/property
owner. The executed covenant must be recorded on the land prior to occupancy of the tenant space by the qualified business
and shall not be amended without prior City consent.
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AGREEMENTS AND FEES
53. AVIGATION EASEMENT: If deemed necessary by the Santa Clara County Airport Land Use Commission, an avigation easement
shall be recorded for the property prior to the issuance of building permits. Proof of an executed avigation easement shall be
provided to the Planning Division prior to issuance of a building permit.
CONSTRUCTION ACTIVITIES
54. MULTI -PHASE DEVELOPMENT: Construction of the project shall be done in multiple phases consistent with the Master Plan
and, if approved, provisions of the Development Agreement.
55. DISTURBANCE COORDINATOR (COA NOI-1.1 FROM PROJECT SEIR): The 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. The sign
must also list an emergency after-hours contact number for emergency personnel.
56. HEALTH AND SAFETY MEASURES: Work within soil and groundwater contamination areas may expose construction workers
to contaminants in the soil, groundwater, and associated vapors. The applicant/contractor is responsible for preparing and
implementing an appropriate Health and Safety Plan to address the contamination and manage the operations in a safe manner
and in compliance with the Cal/OSHA Construction Safety Orders and other State and Federal requirements.
57. HAZARDOUS MATERIALS CONTAMINATION: To reduce the potential for construction workers and adjacent uses to encounter
hazardous materials contamination from asbestos -containing materials (ACM) and lead -based paint, the following measures
are to be included in the project:
In conformance with local, State, and Federal laws, an asbestos building survey and a lead -based paint survey shall be
completed by a qualified professional to determine the presence of ACMs and/or lead -based paint on the structures
ptuposed rut detnullUun. The surveys shall be wrnpleled pilut Lu detnullllun wutk beglnning un Lhe sUULLuies.
A registered asbestos abatement contractor shall be retained to remove and dispose of all potentially friable ACMs, in
accordance with the National Emissions Standards for Hazardous Air Pollutants (NESHAP) guidelines, prior to building
demolition that may disturb the materials. All construction activities shall be undertaken in accordance with Cal/OSHA
standards, contained in Title 8 of the California Code of Regulations (CCR), Section 1529, to protect workers from
exposure to asbestos. Materials containing more than 1% asbestos are also subject to Bay Area Air Quality Management
District (BAAQMD) regulations.
During demolition activities, all building materials containing lead -based paint shall be removed in accordance with Cal/OSHA
Lead in Construction Standard, Title 8, CCR 1532.1, including employee training, employee air monitoring, and dust control.
Any debris or soil containing lead -based paint or coatings shall be disposed of at landfills that meet acceptance criteria for the
waste being disposed.
58. AIR QUALITY LOINS IRUCfION MEASURES (CUA AQ-1.1 1-RUM NRUJECI SEIR): the applicant shall require all construction
contractors to implement the basic construction mitigation measures recommended by BAAQMD to reduce fugitive dust
emissions. There shall be a designated on -site coordinator and monitor to ensure implementation of the below dust control
measures. Emission reduction measures will include, at a minimum, the following measures which also include additional
measures identified in the project -specific air quality analysis and by BAAQMD:
a. When the air quality index forecast exceeds 100 for particulates for the project area and the reading exceeds 100 for
particulates by 10:00 a.m. for the project area, prohibit grading activities for that day.
s b. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be
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watered at a frequency of no less than two times per day in order to maintain adequate soil moisture for dust control.
Dewatering effluent extracted from the site may be utilized for watering all exposed surfaces, if found to meet VOC and
Fuel General Permit NPDES permit requirements pursuant to a Site Management Plan required per Precise Plan EIR
Mitigation Measure HAZ-3.1 in Section 5.8, Hazards and Hazardous Materials.
C. Minimize the amount of excavated material or waste materials storied at the site or cover them with tarpaulin.
d. All haul trucks transporting soil, sand, or other loose material oft -site shall be covered and loaded material shall not
extend above the walls or back of the truck bed.
e. 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 pruldbited.
f. All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
g. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as
soon as possible after grading unless seeding or soil binders are used.
h. Prohibit off -road diesel -powered equipment from being in the "on" position for inure LIiaii 10 huurs per clay.
i. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time
to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of
Regulations (CCR)). Clear signage shall be provided for construction workers at all access points.
j. 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 conditionprior to operation.
k. Post a publicly visible sign with the telephone number and person to contact at the City of Mountain View and the on -site
coordinator/monitor regarding dust complaints regarding dust complaints. The on -site coordinator/monitor shall
respond and take corrective action within 48 hours. BAAQIVID's phone nurnber will also be visible to ensure compliance
with applicable regulations.
All excavation, grading, and/or demolition activities shall be suspended when average wind speeds exceed 20 mph and
visible dust extends beyond site boundaries.
M. Wind breaks (e.g., trees, fences) shall be installed on the windward side(s) of actively disturbed areas of construction
adjacent to sensitive receptors. Wind breaks should have at maximum 50% porosity.
n. Where applicable, vegetative ground cover (e.g., fast -germinating native grass seed) shall be planted in disturbed areas
as soon as possible and watered appropriately until vegetation is established. Dewatering effluent extracted from the
site may be utilized for watering all exposed surfaces, if found to meet VOC and Fuel General Permit NPDES permit
requirements pursuant to the Site Management Plan required per Precise Plan EIR Mitigation Measure HAZ-3.1 in
Section 5.8, Hazards and Hazardous Materials.
o. Excavation, grading, and ground disturbing construction activities shall be phased in accordance with the phasing plan to
reduce the amount of disturbed surfaces at any one time.
p. Avoid tracking of visible soil material on the public roadways by employing the following measures if necessary: (1) site
accesses to a distance of 100' from public paved roads shall be treated with 6" to 12" compacted layer of wood chips,
mulch, or gravel; and (2) washing truck tires and construction equipment of soil prior to leaving the site.
q. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a
slope greater than 1%.
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59. DISCOVERY OF CONTAMINATED SOILS: if contaminated soils are discovered, the applicant will ensure the contractor employs
engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants.
Engineering controls and construction BMPs will include, but not be limited to, the following: (a) contractor employees working
on -site will be certified in OSHA's 40-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; (b) the
contractor will stockpile soil during redevelopment activities to allow for proper characterization and evaluation of disposal
options; (c) the contractor will monitor area around construction site for fugitive vapor ernissions witlr appropriate field
screening instrumentation; (d) the contractorwill water/mist soil as it is being excavated and loaded onto transportation trucks;
(e) the contractor will place any stockpiled soil in areas shielded from prevailing winds; and (f) the contractor will cover the
bottom of excavated areas with sheeting when work is not being performed.
60. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: If prehistoric or historic -period cultural materials are unearthed during
ground -disturbing activities, it is recommended that all work within 100' of the find be halted until a qualified archaeologist
and Native American representative can assess the significance of the find. Prehistoric materials might include obsidian and
chert-flaked stone tools (e.g., projectile points, knives, scrapers) or tool-making debris; culturally darkened soil ("midden")
containing heat -affected rocks and artifacts; stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and
battered -stone tools, such as hammerstones and pitted stones. Historic -period materials might include stone, concrete, or
adobe footings and walls; filled wells or privies; and deposits of metal, glair, and/or ceramic refuse. If the find is determined
to be potentially significant, the archaeologist, in consultation with the Native American representative, will develop a
treatment plan that could include site avoidance, capping, or data recovery.
61; DISCOVERY OF HUMAN REMAINS (COA CUL-1.1 FROM PROJECT SEIR): In the event of the discovery of human remains during
construction or demolition, there shall be no further excavation or disturbance of the site within a 50' radius of the location of
such discovery, or any nearby area reasonably suspected to overlie adjacent remains. The Santa Clara County Coroner shall be
notified and shall make a determination as'to whether the remains are Native American. If the Coroner determines that the
remains are not subject to their authority, the Coroner shall notify the Native American Heritage Commission, which shall
attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the
disposition of the remains pursuant to this State law, then the landowner shall reinter the human remains and items associated
with Native American burials on the property in a location not subject to further subsurface disturbance. A final report shall
be submitted to the City's Community Development Director prior to release of a Certificate of Occupancy. This report shall
contain a description of the mitigation programs and its results, including a description of the monitoring and testing resources
analysis methodology and conclusions, and a description of the disposition/curation of the resources. The report shall verify
completion of the mitigation program to the satisfaction of the City's Community Development Director.
62. DISCOVERY OF PALEONTOLOGICAL RESOURCES (COA GEO-2.1 OF PROJECT SEIR): In the event that a fossil is discovered during
construction of the project, excavations within 50' of the find shall be temporarily halted or delayed until the discovery is
examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The City shall include
a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is
determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan
consistent with the Society of Vertebrate Paleontology standards.
63. INDOOR FORMALDEHYDE REDUCTIONS (COA AQ-1.2 IN PROJECT SEIR): If the project utilizes composite wood materials (e.g.,
hardwood plywood, medium density fiberboard, particleboard) for interior finishes, then only composite wood materials that
are made with CARB approved, no -added formaldehyde (NAF) resins, or ultra -low emitting formaldehyde (ULEF) resins shall be
utilized (CARB, Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products, 17.CCR
Section 93120, etseq., 2009-2013).
64. PRECONSTRUCTION NESTING BIRD SURVEY (COA BIO-1.1 IN PROJECT SEIR): To the extent practicable, vegetation removal
and construction activities shall be performed from September 1 through January 31 to avoid the general nesting period for
birds. If construction or vegetation removal cannot be performed during this period, preconstruction surveys will be performed
no more than two days prior to construction activities to locate any active nests as follows:
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Resolution No. 18734
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The applicant shall be responsible for the retention of a qualified biologist to conduct a survey of the project site and
surrounding 500' for active nests —with particular emphasis on nests of migratory birds —if construction (including site
preparation) will begin during the bird nesting season, from February 1 through August 31. If active nests are observed on
either the project site or the surrounding area, the applicant, in coordination with the appropriate City staff, shall establish no -
disturbance buffer zones around the nests, with the size to be determined in consultation with the California Department of
Fish and Wildlife (usually 100' for perching birds and 300' for raptors). The no -disturbance buffer will remain in place until the
biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and
then resumes during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may
be present.
65, VIBRATION BEST MANAGEMENT PRACTICES CONSTRUCTION MEASURES: The following measures are to be implemented
with any construction activity that may create ground vibrations that may be experienced by nearby properties:
a. Avoid impact pile driving and drill piles instead where possible. Drilled piles cause lowervibration levels where geological
conditions permit their use.
b. Avoid using vibration rollers and tampers near sensitive areas.
C. In areas where project construction is anticipated to include vibration generating activities, vibration studies shall be
conducted to determine the areas of impact and to present appropriate mitigation measures that may include the
following:
i. Identification of sites that would be exposed to project vibration compaction activities and could result in vibration
impacts to structures;
ii. Develop a vibration monitoring and contingency plan;
iii. Construction contingency plan; and
Iv. CuriducL pusi.-survey uii structures where eldiei muldl.urliig Ilds I11dltdled IlIgh levels ui Lurnpldliits ur ddindge
have been made.
66. CULTURAL SENSITIVITY TRAINING (COA CUL-1.1 FROM PROJECT SEIR): As requested during the Tribal Consultation process
for the project, Cultural Sensitivity Training shall be provided to the construction crews at the beginning of the project to aid
those involved in the project to become more familiar with the indigenous history of peoples in the vicinity of the project site.
67. NATIVE AMERICAN ARCHAEOLOGICAL MONITOR (COA CUL-1.1 FROM PROJECT SEIR): A Tamien National Tribal monitor shall
be present for all ground -disturbing activities throughout the project construction process.
68. DISCOVERY OF ARCHAEOLOGICAL AND TRIBAL CULTURAL RESOURCES (COA CUL-1.1 FROM PROJECT SEIR): If indigenous or
historic -era archaeological resources are encountered during construction activities, all activity within 100' of the find shall
cease and the find shall be flagged for avoidance. The City and a qualified archaeologist, defined as one meeting the U.S.
Secretary of the Interior's Professional Qualifications Standards for Archaeology, and Tamien Nation shall be immediately
informed of the discovery. The qualified archaeologist and Tamien Nation Tribal representative shall inspect the find within 24
hours of discovery and notify the City of their initial assessment. Indigenous archaeological materials might include obsidian
and chert-flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil (midden)
containing heat -affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, hand stones,
or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic -era materials might include
building or structure footings and walls, and deposits of metal, glass, and/or ceramic refuse. If the find is determined to be
potentially significant, the archaeologist, in consultation with the Tamien Nation Tribal representative, will develop a treatment
plan that could include site avoidance, capping, or data recovery.
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Resolution No. 18734
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MITIGATION MEASURES
Any number listed in a condition title (e.g., "MM AQ-1.1: Both Project Options") refers to the associated mitigation measure identified
in the Project SEIR. Since the Project SEIR included two project options, project (with City utilities) and project with private district
utilities option, applicable mitigation measures noted in this section may vary based on project option pursued.
69. PROJECT SEIR MITIGATION CERTIFICATION: Prior to occupancy of any structure or establishment of any use, the applicant
shall inspect the site and shall certify, In writing to the Planning Division, that all mitigation measures listed in their Project SEIR
Mitigation, Monitoring, and Reporting Program have been correctly implemented. To the satisfaction of the Zoning
Administrator, the applicant must note how each mitigation measure has been addressed prior to building permit issuance of
each development phase.
70. EXISTING PRECISE PLAN MITIGATION MEASURES: All mitigation measures identified in the East Whisman Precise Plan
Environmental Impact Report (EIR) (SCH No. 2017082051) apply to this project and must be addressed during building permit
submittal and construction. Some of these mitigation measures may be superseded by more stringent City standards, code
requirements, or with more detailed measures incorporated into the Project SEIR. To the satisfaction of the Zoning
Administrator, the applicant must note how each mitigation measure has been addressed prior to building permit issuance of
each development phase.
71. CONSTRUCTION EQUIPMENT AND VOC COATINGS (MM AQ-1.1: BOTH PROJECT OPTIONS): Pursuant to Precise Plan EIR
MM AQ-3.1, the project (under either option) shall implement the following measures during all phases of construction:
a. All construction equipment larger than 25 horsepower used at the site for more than two continuous days or 20 hours
total shall meet U.S. EPA Tier 4 Final emission standards for NO. and PM (PMio and PM2.5), if feasible, otherwise:
i. If use of Tier 4 Final equipment is not commercially available, the project applicant shall use alternative equipment
that meets U.S. EPA emission standards for Tier 2 or 3 engines and include particulate matter emissions control
equivalent to CARE Level 3 verifiable diesel emission control devices that altogether achieve an 85% reduction in
particulate matter exhaust in comparison to uncontrolled equipment; alternatively (or in combination). The project
dpplicdr,L shall piuvide Lo Llre CILy fur review acid dPPI oval duculne:rrtaLluii slrowlrig LIIdt errghies LIrdL cUlrrply wlLl1
Tier 4 Final off -road emission standards are not commercially available for the specific off -road equipment
necessary during construction. For purposes of this mitigation measure, "commercially available" shall take into
consideration the following factors: (i) potential significant delays to critical -path timing of construction; and
(ii) the geographic proximity to the project site of Tier 4 Final equipment.
Use of alternatively fueled equipment with lower NOx emissions compared to traditional diesel fuel equipment that
meets or exceeds the NOx and PM reduction requirements of U.S. EPA Tier 4 Final engine emission standards, as
required above.
b. Use electric equipment such as aerial lifts, air compressors, cement mortar mixers, concrete/industrial saws, cranes, and
welders. Portable equipment shall be powered by grid electricity or alternative fuels (i.e., not diesel) instead of by diesel
generators.
C. Diesel engines, whether for off -road equipment or on -road vehicles, shall not be left idling for more than two minutes,
except as provided in exceptions to the applicable state regulations (e.g., traffic conditions, safe operating conditions).
The construction sites shall have posted legible and visible signs in designated queuing areas and at the construction site
to clearly notify operators of idling limit.
d. Provide line power to the site during the early phases of construction to minimize the use of diesel -powered stationary
equipment.
Use low VOC coatings to reduce ROG emissions during construction. The project shall use low VOC coatings that are below
current BAAQMD requirements (i.e., Regulation 8, Rule 3: Architectural Coatings), for at least 80% of all residential and
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nonresidential interior paint and exterior paints. This includes all architectural coatings applied during both construction and
Fiii, reapplications throughout the project's operational lifetime. At least 80% of coatings applied must meet a "super -compliant"
VOC standard of less than 10 grams of VOC per liter of paint. For reapplication of coatings during the project's operational
lifetime, the Declaration of Covenants, Conditions, and Restrictions shall contain a stipulation for low VOC coatings to be used.
Examples of "super -compliance" coatings are contained in the South Coast Air Quality Management District's website.
72. DIESEL EMERGENCY GENERATORS (MM AQ-1.2: BOTH PROJECT OPTIONS): All on -site diesel emergency generators (under
either option) shall be equipped with engines that meet or exceed U.S. EPA Tier 4 standards for particulate matter emissions.
73. ODOR CONTROL PLAN (MM AQ-4.1: PROJECT WITH DISTRICT UTILITIES SYSTEM OPTION): The project applicant shall develop
an odor -control plan that addresses plant design issues to control odors, identifies operating and maintenance procedures to
prevent odors, and includes a corrective action plan to respond to upset conditions and odor complaints. The odor -control
plan shall describe the design elements and best management practices built into the facility, including the following:
Ventilation of the system using carbon absorption, biofiltration, ammonia scrubbers, or other effective means to treat
exhausted air from the enclosed facility;
Odor proofing of refuse containers used to store and transport grit and screenings or biosolids; and
C. Injection of chemicals to control hydrogen sulfide.
The plan shall describe procedures to address upset conditions caused by equipment failures, power outages, flow control, or
treatment issues as well as odor complaints. Procedures would include investigating and identifying the source of the
odor/odor complaint and corrective actions could include installing specific odor control technologies (e.g., odor -control units)
or adjusting plant operations (e.g., by adding ferrous chloride injections). The plan shall be reviewed and approved by the
Public Works Director (or designee) and Bay Area Air Quality Management District (BAAQMD) prior to issuance of building
permits for the CUP. In the event the facility receives confirmed complaints related to five separate incidents per year averaged
over a three-year period, pursuant to BAAQMD CEQA Guidelines, the plant shall revise the odor control plan and resubmit it to
the City for review and approval. If implementation of additional measures to control odors described in the plan does not
lessen Lhe curnplalnts Lu fewer Lhan five per year, Lhe plant shall cease operations. All wastewater generated by the project
shall be directed to the municipal wastewater system, and subsequent environmental review shall be required to assess the
impacts of continued operations of the facility.
Additional measures the applicant has identified to manage odor complaints, include: (i) active ventilation (foul air blowers)
to odor -control units (e.g., carbon absorption, biofiltration, or ammonia scrubbers); (ii) house odorous processes in a ventilated
enclosure; (iii) wastewater screenings and grit would be washed, dewatered, and compacted before being stored in enclosed,
odor -proof refuse containers (wastewater screenings refers to inert materials that are present within raw wastewater and are
removed in the early stages of the wastewater treatment process.); (iv) haul any stored residuals off -site at regular intervals;
and (v) ferrous chloride injection for hydrogen sulfide removal in primary sedimentation tanks to provide chemically enhanced
primary treatment as needed for odor control at specific wastewater treatment processes.
74. SIGNAGE FOR ODOR COMPLAINTS (MM AQ-4.2: PROJECT WITH DISTRICT UTILITIES SYSTEM OPTION): Post a publicly visible
sign with the telephone number and person to contact regarding odor complaints. This person shall respond and take
corrective action within 48 hours. The Bay Area Air Quality Management District's phone number shall also be visible to ensure
compliance with applicable regulations. A log of odor complaints and procedures implemented to respond to complaints shall
be maintained by the operator and provided to the City upon request.
Neighborhoods and Housing Division-650-903-6379 or neighborhoods@mountainview.gov
75. CONDOMINIUM DEVELOPMENT INITIALLY RENTED: If residential units within a new condominium development are planned
to be rented for any period of time after receiving a Certificate of Occupancy, then the applicant/property owner must enter
into an agreement with the City prior to the building permit issuance for the new building(s) and approval of the final tentative
map. The agreement shall provide the proposed length of the rental period and that one year before the expiration of the
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rental period, when the units within the development may be sold to individual purchasers, the applicant/property owner shall
prepare reports, serve notices, and shall agree to follow all requirements of State law and the City Code relative to the
protection and relocation of tenants and prospective buyers in accordance with City Code Chapters 28 and 36.
76. HOUSING IMPACT FEE: Prior to the issuance of a grading or building permit (whichever occurs first) per development phase
with net new nonresidential square footage, the applicant shall pay a Housing Impact Fee based on the net new floor area and
adopted fee in place at the time of building permit issuance. For purposes of calculating the fee, the project includes a
maximum construction of 50,000 square feet of commercial retail (Active Use Space) and 1,31/,000 square feet of high-tech
office and demolition of 684,646 square feet of high-tech office, resulting in a total of 50,000 square feet of net new floor area
of commercial retail (Active Use Space) and 632,354 square feet of net new floor area of high-tech office. The current total
estimated fee is $19,301,161.78 ($123,000.00 for commercial retail and $19,178,161.78 for high-tech office). This fee is an
impact fee and, if the Development Agreement is approved, subject to the provisions of Exhibit I in the DA.
77. BELOW -MARKET -RATE ALTERNATIVE MITIGATION: The project includes an alternative mitigation per Cily Code
Section 36.40.30 and in accordance with the Below -Market -Rate (BMR) Housing Program Administrative Guidelines. Per City
regulations, the alternative mitigation proposal must exceed the minimum affordability requirements of the BMR program by
including deeper affordability, a greater number of BMR units, or both, and the proposal must advance other City goals for
housing as expressed by written guidance in administrative procedures as issued by the Community Development Director, or
designee, regarding the specific income levels or residential product types desired by the City, including, but not limited to,
housing needs based on income level and progress toward meeting the City's Regional Housing Needs Allocation (RHNA).
To satisfy this requirement, the applicant's proposal includes providing: (1) sufficient land to accommodate more BMR units
in the project area than would be achieved under the City's 15% inclusionary unit requirement in market -rate development;
(2) the opportunity for City land ownership to preserve affordability in the long-term; (3) to serve lower -income renters at
lower Average Median Incomes (AMIs) than available with inclusionary units (offering greater annual rental savings to
residents); (4) advance delivery of affordable housing by providing project BMR obligation earlier than required by City Code;
and (5) the opportunity for more affordable housing units to meet the City's housing goals and next RHNA cycle. To achieve
this, the applicant's "Affordable Housing Plan" for the Master Plan, as described in Appendix J of the Implementation Plan,
includes:
a. Affordable Housing Sites: Dedicate and convey Parcel R6 at 1.12 acres and Parcel R4a at 1.28 acres (the "Affordable
Housing Sites"), a combined total of 2.4 acres, to the City of Mountain View for development of affordable housing.
Timing of Conveyance: The Affordable Housing Sites shall be conveyed to the City, as specified in the Land Dedication
Requirements per Procedure No. 15, prior to the issuance of the first building permit for a new building. Any demolition
or building permit which is necessary for any site preparation requirements as part of the City's Land Dedication
Requirements can be issued at any time.
Remediation Requirements (Cost Estimate): The applicant shall provide a cash payment in an amount of $13 per square
foot of affected floor building area that requires remediation for each dedicated parcel (including
nonresidential/residential occupied ground -floor building area and excludes ground -floor parking area and other non -
occupied ground -floor building area), based on the Phase I and Phase II environmental reports, oversight agency
requirements, and in accordance with the City's Land Dedication Requirements per Procedure No. 15. The cash payment
(Cost Estimate) is currently estimated at $539,760, based on Parcel R6 having 20,008 square feet of affected occupiable
ground -floor building area (at $260,104) with at -grade parking and Parcel R4A having 21,512 square feet of affected
occupiable ground -floor building area (at $279,656) with at -grade parking. The Cost Estimate is $13 per square foot,
which accounts for a cost of $11 per square foot for the remediation system and $2 per square foot of design contingency
(20% contingency), and is subject to annual cost escalation based on increases in CCI until the date on which such
payment is made to the City. The applicant shall provide the payment prior to the issuance of the first building permit
for a new building in Phase 1(in tandem with the site conveyance in subsection b. above) and shall do so through escrow
for the land conveyance.
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Required Site Preparation: In addition to the City's Land Dedication Requirements, the applicant is responsible for
installing the required private service street improvements in accordance with Precise Plan standards for Parcel 114a, in
order to provide access to the site from the public street.
Building Inspection Division-650-903-6313 or.building@mountainview.gov
Building plan check review shall determine the specific requirements and construction compliance in accordance with adopted local,
State, and Federal codes for all building and/or fire permits. Standards and requirements noted below may change based on
Building/Fire Code updates throughout the duration of the project. It is a violation of the City Code for any building occupancy or
construction to commence without the proper building and/or fire permits and issued Certificate of Occupancy.
78. BUILDING/FIRE CODES: Construction plans will need to meet the current codes adopted by the Building Inspection Division upon
building permit submittal, which include: Building, Residential, Fire, Electrical, Mechanical, Plumbing, CALGreen, CALEnergy (in
conjunction with the City of Mountain View Amendments), and the Mountain View Green Building Code (MVGBC).
79. PLUMBING: The project is subject to the following plumbing requirements:
a. Submetering requirements per SB 7 (Housing: Water Meters for Multi -Unit Structures).
b. Dual -plumbing requirements in the CBC, Chapter 16A, and MVCC, Sections 8.30 through 8.30.5.
80. FIRE PROTECTION (PROJECTIONS): Overhangs and other projections will not be permitted to cross property lines, including
any property lines between units.
81. FIRE SPRINKLERS: An automatic sprinkler system shall be installed for structures identified with Group R occupancy per the
CBC, Section 903.2.8.
82. ELECTRIC REQUIREMENTS (NEW CONSTRUCTION): Natural gas is prohibited. The following list of items shall be electric
installation: space -conditioned equipment, clothes dryers, cooking appliances, fireplaces, and/or fire pits. The project shall
cuinply with Iequheinenb ill place aL Lime of building periiilL subinlLLal. Tlie fulluwlug are land use-speclflc Iequheinents.
For Multi -Family Residential: Water -heating systems and equipment shall be electric or solar as amended in MVCC
Section 8.20.9, Subsections 101.10.1.1.3.e through h.
For Nonresidential: Exceptions to install a gas -fueled cooking appliance apply. Water -heating systems and equipment
shall be electric or solar as amended in MVCC Section 8.20.12, Subsections 101.10.1.2.E through j.
83. SURVEY: A survey will be required to be completed to verify structure placement.
84. ZERO LOT LINE CONDITION: Based on design details of the zero -lot -line condition between Parcels 05/P1, the City can place
conditions that may impact the sale or operations of the independent structures on each subject parcel if they have
interrelated/interconnected City Code compliance requirements (e.g., building, fire, zoning, utility, etc.), such as, but not
limited to, requiring an easement(s), a lot tie, and/or recorded agreement(s).
85. SCHOOL IMPACT FEES: Project is subject to school impact fees. To obtain information, fee estimates, and procedures, please
contact the following local school districts: Mountain View Los Altos High School District at www.mvla.net or 650-940-4650;
and Mountain View Whisman School District at www.mvwsd.org or 650-526-3500; or Los Altos Elementary School District at
www.lasdschools.org or 650-947-1150. This is not a City fee. The applicant is required to pay the adopted fee to the school
district in place at time of payment.
86. ALTERNATE MATERIALS METHODS REQUEST (AMMR): Any AMMR(s) is required to be formally submitted with the initial
building permit to the Building Inspection Division. AMMRs will be reviewed by the Chief Building Official during the building
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plan check process. Approvals of AMMRs are not processed or provided prior to permit submittal to the Building Inspection
Division.
87. BUILDING UTILITIES: On -site utilities (gas, electrical, etc.) shall comply with applicable regulatory standards or published
engineering and design requirements (e.g., PG&E Green Book requirements). Any on -site private district system infrastructure
shall comply with the applicable regulatory standards, City codes; and conform to the District System Concept Plan in the
Implementation Plan.
88, DISTRICT SYSTEM —HEATING AND COOLING: If installed by the applicant, a private district thermal system may supply
building -specific heating and cooling that meets minimum requirements under the California Building Code (or local city
amendments) for habitability. If the applicant or district system owner(s) elect to discontinue the private district heating and
cooling system, then an alternative building -specific heating and cooling system must be installed at each building for which
private service is being discontinued in order to maintain minimum Building Code compliance. During subsequent permit
review of the district system, the applicant shall document in the District System Implementation Plan what party will be
obligated to deliver district thermal service to each affected building In the event the owner(s) of the private district thermal
system permanently discontinue service.
Fire Department-650-903-6343 or fire@mountainview.gov
Standards and requirements noted below may change based on Building/Fire Code updates throughout the duration of the project.
The applicant is required to comply with the current adopted codes in place at time of building permit submittal.
89,,, FIRE HYDRANTS: Hydrants in accordance with the Department of Public Works Standard Provisions shall be located every 300'
(apart) and within 150' of all exterior walls. Installation shall be complete, and the system shall be tested prior to combustible
construction.
90. ON -SITE WHARF HYDRANTS: Provide ground -level wet standpipes (wharf hydrants). On -site wharf hydrants shall be so located
as to reach any portion of combustible construction with 150' of hose. Installation shall be complete, and the system shall be
tested prior to the start of combustible construction. The wharf hydrant shall be capable of providing a combination flow of
500 GPM with lwu 2.5" uullels fluwirig. Shop -quality drawings shall be subrnllled eleclrunlcally for review and approval. (NFPA
24 (2016 Edition) and Mountain View Fire Department requirements.)
91. MASTER PLAN EMERGENCY VEHICLE ACCESS (EVA) ROADS: Provide the layout of the Master Plan Emergency Vehicle Access
(EVA) roads with each development phase to ensure compliance for individual buildings. Full EVA compliance is required at
each development phase.
92. FIRE APPARATUS ACCESS ROADS: Access roads shall have 13'6" unobstructed vertical clearance, 20' of unobstructed width
(26' where building occupied floors exceed 30' height), and minimum turning radii of 21' (inside 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 City Code, Sections 14.10.14, 14.10.15, and 14.10.16.)
93. FIRE APPARATUS TURNAROUNDS: Dead-end fire apparatus access roads in excess of 150' in length shall be provided with
approved provisions for the turning around of apparatus. "Approved provisions" shall mean that turnarounds, in accordance
with Mountain View Fire Department specifications, are provided in locations such that fire apparatus shall never be more than
150' away from the closest turnaround. Contact the Building Inspection Division at 650-903-6313 for specifications. (California
Fire Code, Section 503.)
94. ALL-WEATHER FIRE APPARATUS ACCESS ROADS: Prior to combustible construction, an approved all-weather access road
capable of supporting emergency vehicles (70,000 pounds) and on -site wharf hydrants 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,) Wharf hydrants spaced at a maximum of 300' apart and within
150' of all exterior walls can be constructed to allow fire access within 150' of every portion of the project.
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95. HAZARDOUS MATERIALS: Comply with all applicable provisions of the Uniform Fire Code and the Uniform Building Code for
hazardous materials. Submit a completed FPE—Hazardous Materials Inventory Statement. FPE—Hazardous Materials
Inventory Statements shall be obtained from the Building Inspection Division and submitted for review by the Fire Protection
Engineer. (Additional hazardous materials forms, disclosure statements, and/or other documentation will be required by the
Environmental Safety Section of the Fire and Environmental Protection Division.)
96. ELECTRICAL ENERGY STORAGE SYSTEMS: Electrical Energy Storage Systems shall comply with the California Fire Code,
Section 1206,
Public Works Department-650-903-6311 or public,yyorks@mountainview.gov
OWNERSHIP AND PROPERTY
97. SUBDIVISION: The project site is a subdivision of existing parcels. Any combination or division of land for sale, lease, or
financing purposes requires the filing and approval of a preliminary parcel or tentative map, completion of all conditions of
subdivision approval, and the recordation of the parcel or final map, all prior to issuance of the associated building permit per
development phase. In order to place the approval of a final map on the City Council agenda, all related materials must be
completed and approved a minimum of 40 calendar days prior to the Council meeting date.
RIGHTS -OF -WAY'
98. ;STREET DEDICATION (STREET WIDTHS): Dedicate a public street easement on the face of the final map to widen the public
streets as noted below to meet minimum required half -street widths from the centerline of the street, including the cul-de-sac
dimensions, as required by the Public Works Director and consistent with the East Whisman Precise Plan.
Public Street
Additional Width Required
Half -Street Required
Middlefield Road
4'
-Width
54'
Fllis Street
4' or 9', depending on
existing conditions
4q'
Logue Avenue
2'
37' plus dimensions of cul-de-sac
Maude Avenue
2'
37'
Clyde Avenue
2'
37'
99. STREET DEDICATION (MIDDLEFIELD ROAD): The exact location of the street easement dedication along Middlefield Road shall
be based on the final design of the Valley Transportation Authority (VTA) bus stop, midblock crossing, and any other associated
upgrades at that location and may shift or modify in dimension along Middlefield Road from what is shown on the Vesting
Tentative Map. Final details are to be determined as part of the development of the adjacent private property by the City and
VTA and included in subsequent City permits for the associated development phase.
100. STREET DEDICATION (LOGUE AVENUE): Dedicate a public street easement on the face of the final map to accommodate
stormwater treatment areas along the northern extension of Logue Avenue.
101. STREET CORNER DEDICATION: Dedicate a 30' radius public street corner return easement on the face of the final map, at all
intersections where a 30' radius arc is not already provided from the property line, as required by the Public Works Director.
102. IRREVOCABLE OFFER OF DEDICATION (CONTINUATION OF LOGUE AVENUE): An irrevocable offer of dedication shall be
recorded for the area of land north of the new Logue Avenue cul-de-sac to the terminus of the northernmost project boundary,
in order to extend Logue Avenue a complete width of 74'. This is to allow the future street extension of Logue Avenue.
103. PUBLIC ACCESS EASEMENT (MULTI -MODAL CONNECTIONS THROUGH SITES): Prior to issuance of any building permits or
approval of the final map per development phase, the owner shall dedicate public access easements (PAE) on private property
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for multi -modal connections as shown on the Vesting Tentative Map, the East Whisman Precise Plan, and as identified in
Condition No. 104. The dedication shall be per the City's standard form and provide that:
a. Public access shall be granted for nonautomotive use at all times, which in some locations may be within private service
streets or an emergency vehicle access lane;
b. The owner shall maintain, inspect, and monitor the PAE improvements in good order, condition, and repair and in
compliance with the Americans with Disabilities Act (ADA);
C. The PAE shall run with the land and be binding upon any successors;
d. If the owner fails to abide by the PAE, the owner agrees to pay all reasonable costs and expenses incurred by the City in
enforcing the performance of such obligations; and
e. The owner agrees to defend, and hold the City and the City's officers, employees, and agents, harmless from any liability
for damage or claims for damage for personal injury, including, but not limited to, death and/or property damage caused
by negligent acts, errors, or omissions in the performance of services or operations under the Dedication, including
maintenance operations performed on the PAE by the owner or the owner's contractors, subcontractors, agents, or
employees.
A legal description (metes and bounds) and plat map (drawing) of: (i) the owner's property; and (ii) the PAE area shall be
prepared by the owner in accordance with the City's Legal Description and Plat Requirements and submitted to the Public
Works Department for review and approval. The legal description and plat must be prepared and stamped by a California -
registered civil engineer or land surveyor. Associated improvements within the PAE (PAE Improvements) shall be constructed
by the owner and approved by the City.
104. PUBLIC ACCESS EASEMENTS (MULTI -MODAL LOCATIONS AND WIDTHS): Public Access Easements (PAE) shall be provided at
the multi -modal connection locations with minimum widths indicated below, in accordance with the East Whisman Precise
Plan.
Location in Master Plan
Type of Connection
Minimum Width of Public Access
Parallel to VTA Tracks in POPA
open space
Emergency Vehicle Access/
Multi -Use Path
Width required by Fire Code, but
no less than 14'
Between R1/R2
Buildings
Residential Paseo
10,
Between R2/01
Buildings
Service Street/
Nonresidential Paseo
46'/14'
North/West side of 02
Service Street on North/
Nonresidential Paseo
46'/14'
North of 03/04
Service Street
46'
Between 03/04 Buildings
Multi -Use Path
14'
Between R3/R4(a+b)
Service Street/
Multi -Use Path
46'/14'
Between R4(a+b)/R5
Service Street/
Multi -Use Path
46'/14'
North of P1/05
Service Street/
Multi -Use Path
46'/14'
South of P2
Multi -Use Path
14'
105. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 10' wide public utility easement (PUE) along project street
frontage(s) on the face of the final map for such use as sanitary sewer, water, storm drains, and other public utilities, including
gas, electric, communication, and cable television facilities, as required by the Public Works Director. Joint utility boxes or
vaults are not allowed to encroach into the public sidewalk and must fit either entirely within the landscape strip or within the
PUE. The property owner(s), commercial owner association(s), or homeowners association(s) shall maintain the surface
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improvements over the easement and must not modify or obstruct the easement area in a manner contrary to the intent of
the easement. The dedication statement shall specify the PUE shall be kept free and clear of buildings and other permanent
Fil
structures/facilities, including, but not limited to, the following: garages, sheds, accessory structures, and storage structures;
balconies and porches; retaining walls; C.3 bioretention systems; and private utility lines running longitudinally within the PUE.
Exceptions to these PUE requirements may be considered by the Public Works Director in conjunction with the review and
approval of subsequent zoning permits, Off -Site Improvement plans and/or building permits for the development phase of the
project.
106. UTILITY EASEMENT AND APPROVALS: Dedicate utility easements as required by the utility companies and as approved by the
Public Works Director. All street and public service easement dedications are to be shown on a final map, including information
indicating whether said easements are to be dedicated on the final map or by separate instrument. The subdivider shall submit
two copies of the map to PG&E, AT&T (SBC), and Comcast for their review and determination of easement needs. The public
service easement dedications must be approved by the utility companies prior to approval of a final map.
107. EASEMENT VACATIONS AND QUITCLAIMS: All existing easements that are or will no longer be needed or conflict with the
proposed buildings and structures shall be vacated or quitclaimed. Easements in conflict with the proposed building shall be
vacated prior to issuance of the building permit. The recording number of the easement vacation and quitclaim documents)
shall be included in a final map.
FEES AND PARK LAND
108. MAP PLAN CHECK FEE: Prior to issuance of any building permits and prior to approval of a final map, as applicable, the applicant
shall pay the map plan check fee in accordance with Sections 28.7.b and 28.6.b of the City Code per the adopted fee in effect
at time of payment. An initial map plan check fee shall be paid at the time of initial map plan check submittal per the adopted
fee in effect at time of payment. This is a standard City processing fee.
109. PLAN CHECK AND INSPECTION FEE: Prior to issuance of any building permits and prior to approval of a final map, the applicant
shall pay the plan check and inspection fee in accordance with Sections 27.60 and 28.8.10 of the City Code per the adopted
rates in effect at time of payment. This is a standard City processing fee.
An initial plan check fee based on the adopted fee in place shall be paid at the time of initial improvement plan check submittal
based on the initial cost estimate for constructing street improvements and other public facilities; public and private utilities
and structures located within the public right-of-way; and utility, grading, and driveway improvements. Once the plans have
been approved, the approved cost estimate will be used to determine the final bond amounts, plan check fees, and inspection
fees. Any paid initial plan check fee will be deducted from the approved final plan check fee. This is a standard City processing
fee.
110. EAST WHISMAN PRECISE PLAN DEVELOPMENT FEE: Prior to issuance of any building permits, the applicant shall pay the East
Whisman Precise Plan Development Impact Fee for the new development. The total fee is the combined subtotal of a
transportation facilities fee, a potable water facilities fee, a sewer facilities fee, and a recycled water facilities fee. The total
fee is categorized by land use: office/R&D, retail, hotel, and residential based on the unit type, with credit given for existing
uses on -site and allowable exemptions per Section 47.19 of the City Code. This fee is an impact fee and subject to the adopted
fee in place at time of payment; except with approval of the Development Agreement (DA), when the fee is subject to the
provisions of Exhibit I of the DA.
111, TRANSPORTATION IMPACT FEE: Prior to issuance of any building permits or approval of a final map, the applicant shall pay
the Transportation Impact Fee for the associated new development included in each building permit. Residential category fees
are based on the number of units. Retail, Service, Office, R&D, and Industrial category fees are based on the square footage of
the development. Credit is given for the existing site use(s), as applicable. This is an impact fee and subject to the adopted fee
in place at time of payment; except with approval of the Development Agreement (DA), when the fee is subject to the provisions
of Exhibit I of the DA.
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112. WATER AND SEWER CAPACITY CHARGES: Prior to issuance of any building permits, the applicant shall pay the water and sewer
capacity fees for the development. The water and sewer capacity charges for residential connections are based on the number
and type of dwelling units. Separate capacity charges apply for different types of residential categories to reflect the estimated
demand of each type of connection. The water and sewer capacity charges for nonresidential connections are based on the
water meter size, building area, and building use, respectively. Credit is given for the existing site use(s) and meter size(s), as
applicable. Fees must be paid prior to approval of the final map. These fees are impact fees and subject to the adopted fees
in place at time of payment; except with approval of the Development Agreement (DA), when the fee is subject to the provisions
In Exhibit I of the DA.
113. PARK LAND DEDICATION ACREAGE: The maximum development program in the Master Plan requires a park land dedication
of 9.12 acres, based on 1,520 market -rate residential units at a required acreage per density of 0.006. To meet this obligation,
the applicant shall: (i) obtain park land credit for a privately owned, publicly accessible (POPA) open space per Condition of
Approval No. 114; or (ii) dedicate land to the City for park and recreational purposes prior to building permit issuance and prior
to approval of the final map for each development phase as listed below:
Development Phase
Referenced Name/Parcel
Size in Square Feet (Acreage)
of Land Dedication
Phase 1
Gateway Park—
21,588 sq. ft. (0.5 acre)
PdfLel Pd1k4 and
Irrevocable Offer of
Dedication of Bridge Open
Space —Parcels Park 1 and 2
Phase 2
Bridge Open Space—
25,872 sq. ft. + 33,598 sq. ft. _
Parcels Park 1 and 2
59,470 sq. ft.
(0.59 + 0.77 = 1.36 acres)
Phase 3
Maude Park—
222,392 sq. ft. (5.1 acres)
Parcel Park 3
Total Land Dedication
303,450 sq. ft. (6.97 acres)
For Reference Only (Not a Dedication)
Phase 1 and 2
POPA Open Space
Total Ac: 125, 017 sq. ft. (2.87 ac);
Credit Ac (75% of total):
93,763 sq. ft. (2.15 ac)
TOTAL PARKLAND
397,213 sq. ft. (9.12 ac)
114. PARK LAND DEDICATION PROCESS: Dedicate and convey in fee a total of 303,450 square feet (approximately 6.97 acres) of
public park land in accordance with Chapter 41 of the City Code. Due to the infill nature of the phased development, the Master
Plan will not fully meet park land requirements per development phase through land dedication and will be required to satisfy
an interim obligation of equivalent compliance, as follows: (i) the applicant shall submit a letter of credit to the City for the
deficiency in park land in equal value to the Park Land Dedication In -Lieu Fee in each phase of development. The Park Land
Dedication In -Lieu Fee (or letter of credit amount) is subject to the fee noted in subsection b. below and must be provided to
the City prior to issuance of the building permit generating the associated park land requirement. The City shall retain that
letter of credit until such time the obligation is met or is adjusted with a reissued letter of credit, based on incremental land
dedication provided per development phase; or (ii) the applicant shall provide an irrevocable offer of land dedication for park
land in an earlier phase of development as an interim obligation until such time the land can be dedicated to the City. Park
land dedications shall follow the City's land dedication/conveyance requirements Procedure No. 15.
Dedication Timing: Each parcel for dedication of park land is to be conveyed in each development phase consistent with
this condition, Project Condition No. 113, and, with approval of the Development Agreement (DA), in accordance with
the DA provisions and Exhibit G, Table G1, of the DA.
b. Park Land Dedication In Lieu Fee (Letter of Credit amount): When necessary for interim compliance, the applicant shall
pay the applicable portion of the Park Land Dedication In -Lieu Fee (Park Fee) with a letter of credit, based on the number
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of net new market rate residential units included in the applicable building permit. The total Park Fee is based on 1,520
F,i market rate units at $63,000 for each net new market -rate residential unit with a project total fee of $95,760,000, based
on a land valuation of $10.5 million per acre and a required acreage per density of 0.006 in accordance with Chapter 41
of the City Code. The letter of credit is required to be provided to the City prior to issuance of the building permit
generating the associated park land requirement. With approval of a Development Agreement, this fee is subject to the
provisions in Exhibit I of the DA.
C. Required Site Preparation and Remediation: All site preparation and remediation activities for the land to be dedicated
must occur in accordance with the City's land dedication/conveyance requirements. Any demolition or building permit
that is necessary for any site preparation requirements as part of the City's land dedication/conveyance requirements
can be issued at any time.
115. PARK LAND CREDIT —PRIVATELY OWNED, PUBLICLY ACCESSIBLE (POPA) OPEN SPACE, ALTERNATE PROPOSAL: Per
Chapter 41 of the City Code, this project has been approved with a credit toward the park land requirements of the Master
Plan development. Specifically, the approval includes a 75% credit on the value of the land dedication, or Park Land Dedication
In -Lieu Fee, for providing up to a 2.87-acre privately owned, publicly accessible (POPA) open space alternate proposal,
consistent with the term and maintenance requirements per Section 41.11.a.3, the alternate proposal objectives of
Section 41.11.a.2.b, and the general requirements in subsection 41.11.a.2.a of the City Code. The conceptual POPA design is
included in the approved Master Plan to be further refined through subsequent zoning permits for each phase of develupinei 1L
adjacent to the POPA (Phases 1 and 2). Credit for the resulting POPA design will be issued with verification of design compliance
with each subsequent zoning permit and upon construction completion per Condition No. 116.
To accommodate a child day-care facility use in an Active Use building location adjacent to the POPA open space, the following
credit options apply: (i) if a fenced and secured open space is required for the day-care facility based on State and/or licensing
requirements, then the fenced area cannot be included in the POPA open space acreage for park land credit since the space is
for exclusive use; or (ii) if the open space within the POPA open space acreage can be shared with the day-care center, then
the open space can be included in the POPA open space acreage for park land credit.
116. PARK LAND CREDIT—POPA PUBLIC ACCESS COVENANT, AGREEMENT, AND DEED RESTRICTIONS (POPA AGREEMENT): The
applicant shall execute a Public Access Covenant, Agreement, and Deed kestrlctlons with Lhe Lily for Lhe privately uwned,
publicly accessible open space shown on the Vesting Tentative Map (POPA open space), which: (a) provides the POPA open
space as accessible to the public for passive and active recreational use in alignment with City park hours; (b) allows extended
hours for public passive and active recreational use in the designated portion of the POPA open space (which includes the plaza
and portions where ground -floor commercial space and active frontages (as defined in the Precise Plan) in buildings located on
Parcels R1 and R2 front the POPA open space) until 9:00 p.m. on weekdays and 10:00 p.m. on weekends; (c) identifies the
multi -use pathway(s) in the POPA open space and access to the VTA station entrance/exit from Middlefield Road and from Ellis
Street to be unrestricted and available for public access at all times (Subdivision Conditions of Approval No. 21 and 22 refer to
separate public access for the multi -use pathways); (d) describes the owner's maintenance responsibilities; (e) sets forth
procedures for future modifications or upgrades to the POPA open space; and (f) provides compliance requirements. With
approval of the Development Agreement (DA), the POPA Agreement shall also include City use of the plaza and Ellis Community
Pavilion/Fairchild Barn building per the provisions in the DA. The POPA Agreement shall be in a form acceptable to the City
Attorney, recorded, and run with the land. The recorded document shall provide indemnification of the City for liabilities arising
out of activities on the land and use of the POPA open space, except to the extent caused by the gross negligence or willful
misconduct of the City. All documentation for the POPAAgreement shall be submitted to the Planning Division at initial building
permit submittal for the first phase of development that includes the POPA open space. The POPA Agreement must be
executed prior to issuance of a building permit and/or final map for that first development phase with the POPA open space
and will become effective upon construction completion of the POPA open space.
117. USE OF CITY LAND DURING CONSTRUCTION: If city land is proposed to be used for construction staging or parking, the
applicant must enter into a license agreement with the City, in a form approved by the City Attorney, providing for the use of
any City land at the fair market rental rate of the land, subject to the City's standard terms and requirements in place at time
of the agreement. It is at the full discretion of the City to enter into such a license agreement. Use of City land without a license
agreement is strictly prohibited.
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STREET IMPROVEMENTS
118. PUBLIC IMPROVEMENTS: Install or reconstruct standard public improvements in the public right-of-way and future City -owned
parcels that are required for the project and as required by Chapters 27 and 28 of the City Code, which can be executed per
phase of development as identified in the Master Plan. Bonds, securities, and insurance requirements are subject to current
city requirements in place at time of submittal of the associated improvement plans.
a. Required Improvements: The applicant is responsible to install the following public improvements:
Curb, gutter, driveway aprons, sidewalks, and landscape strips along all project frontages as shown in Figure 7.4.2
of the Master Plan, in accordance with City standards and consistent with dimensions in the East Whisman Precise
Plan, unless an alternative is approved in a subsequent zoning permit;
All requited ulilily connecliuns per Cily standards;
iii. All bike lane installations along all roadways as shown in Figure 7.5.1 of the Master Plan, including both sides of
Maude Avenue, Logue Avenue, Clyde Avenue, East Middlefield Road, and Ellis Street, consistent with the East
Whisman Precise Plan, unless otherwise noted in these conditions of approval; and
iv. Any additional public improvement(s) required for a parcel(s) to be dedicated to the City per Project
Condition Nos. 77 and 114.
b. Improvement Agreement: The property owner must sign a Public Works Department Improvement Agreement, in
standard City form, for the installation of the public improvements prior to the issuance of the building permit or
approval of a final map.
Bonds/Securities: Provide a faithful performance bond (100%) and materials/labor bond (100%), or provide a letter of
credit (150%) or cash security (100%) securing the installation and warranty of the off -site improvements in a form
acceptable by the Public Works Department and approved by the City Attorney's Office. The surety (bond company)
must be listed as an acceptable surety on the most current Department of the Treasury's Listing of Approved Sureties
on Federal Bonds, Department Circular 570. This list of approved sureties is available at www.fiscal.treasury.gov/
fsreports/ref/suretvBnd/c570 a-z.htm. The bond amount must be below the underwriting limitation amount listed on
the Department of the Treasury's Listing of Approved Sureties. The surety must be licensed to do business in California.
Guidelines for security deposits are available at the Public Works Department.
Insurance: Provide a Certificate of Insurance and endorsements for Commercial General Liability and Automobile
Liability naming the City as an additional insured from the entity that will sign the improvement agreement prior to
approval of a final map. The final insurance coverage amounts will be determined for each development phase at time
of subsequent zoning permits, based on the City's current standards in place at time of permit. For reference, the current
minimum amounts are Two Million Dollars ($2,000,000) Commercial General Liability, One Million Dollars ($1,000,000)
Automobile Liability, One Million Dollars ($1,000,000) Pollution Legal Liability Insurance, and One Million Dollars
($1,000,000) Workers' Compensation. The insurance requirements are available from the Public Works Department.
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Resolution No. 18734
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119. OFF -SITE IMPROVEMENT PLANS: Prepare off -site public improvement plans in accordance with Chapter 28 of the City Code,
the City's Standard Design Criteria, Submittal Checklist handout, Plan Review Checklist handout, and these Conditions of
Approval; and with an approved Development Agreement (DA), in compliance with the applicable provisions of the DA. The
plans are to be drawn on 24" x 36" sheets at a minimum scale of 1" = 20'. The plans shall be stamped by a California -registered
civil engineer and shall show all public improvements and other applicable work within the public right-of-way. Traffic control
plans for each phase of construction shall be prepared in accordance with the current edition of the California Manual of
Uniform Traffic Control Devices (CA MUTCD) and shall show, at a minimum, work areas, delineators, signs, and other traffic
control measures required for work that impact trattic on existing streets. Locations of on -site parking for construction
equipment and construction workers and on -site material storage areas must be submitted for review and approval. Off -site
improvement plans, an initial plan check fee based on the Public Works fee schedule, Improvement Plan Checklist handout,
and items noted within the checklist handout must be submitted together as a separate package concurrent with the first
submittal of the building plans and final map. All required materials shall be submitted electronically (i.e., flattened PDFs). The
off -site plans must be approved and signed by the Public Works Department. After the plans have been signed by the Public
Works Department, 10 full-size and two half-size black -line sets, one Xerox Mylar (4 mil) set of the plans, and a CD with CAD
file and PDF must be submitted to the Public Works Department prior to the issuance of the building permit or approval of a
final map. CAD files shall meet the City of Mountain View's Digital Data Submission Standards.
120. EXCAVATION PERMIT: Upon submittal of the initial building permit and improvement plans, submit a complete Excavation
Permit Application for all applicable work within the public right-of-way to the Public Works Department per phase of
development. Permit applications are available online from the Public Works Department website at www.mountainview.g_ov/
landdevelopment. All work within the City right-of-way must be consolidated on the site, off -site, and/or utility plans. Plans
of the work, traffic control plans for work within the public roadway and/or easement, insurance certificate and endorsements,
and permit fees are required with the Excavation Permit Application.
121. SIGHT TRIANGLES: The project shall be designed to comply with the following sight triangles to the satisfaction of the Public
Works Director:
Street Corners: At street corners of controlled and/or uncontrolled intersections, the site shall be compliant with Corner
Triangles of Safety per the Public Works Standard Details and Chapter 36 (Zoning) of the City Code.
Driveways: Within the pedestrian and/or vehicle traffic safety sight triangle(s), the site shall be compliant with height
and clearance requirements per the Public Works Standard Details and Chapter 36 (Zoning) of the City Code.
122. STREETLIGHTS: Streetlights shall be installed along the project street frontage within or immediately adjacent to street
improvements of the Master Plan per City standards. Streetlights shall be installed near crosswalks, driveways, intersections,
midblock crossings, or other locations deemed necessary by the City Traffic Engineer. Appropriate clearances per PG&E
requirements between existing overhead lines shall be provided where applicable.
123. STREET OVERLAY AND/OR PAVEMENT RECONSTRUCTION: Portions of full -street and/or half -street overlay (minimum 2" grind
and overlay) and/or pavement reconstruction along the Master Plan project street frontages shall be required to address the
existing roadway conditions, multiple utility trenches, and impacts from the anticipated construction traffic.
CURBS, SIDEWALKS, AND DRIVEWAYS
124. UTILITY BOX RELOCATION OUT OF SIDEWALK: Move existing utility boxes out of the sidewalk and relocate to the Public Utility
Easement, landscape strip, or behind the back of the curb, such that the utility boxes are located entirely within the utility
easement, landscape strip, or behind the curb and not encroach into the sidewalk.
125. DRIVEWAY THROAT LENGTHS: All driveways, including those leading to service roads, shall have adequate throat lengths to
accommodate all inbound traffic without obstructing the public right-of-way to the satisfaction of the City Traffic Engineer.
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Resolution No. 18734
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STREET TREES
126. 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 shall be planted in accordance with Detail F-1 of the
Standard Provisions a minimum of 10' from sanitary sewer lines, traffic signals, stop and yield signs, and streetlights and 5' from
water lines, fire lines, and driveways. New street tree species must be selected from the City's adopted Master Tree list or an
approved alternate by the City arborist. Exceptions to street tree locations may be granted by the Public Works Director. The
applicant shall complete the "Proposed Street Tree" form available from the Planning Division online at
www.mountainview.gov/pIanningforms.. Once completed, the applicant shall email the original to the Parks Division at
parks@mountainview.gov and provide a duplicate copy to the Building Inspection Division with building permit submittal.
UTILITIES
Private District Systems. If the applicant pursues a private district system, in accordance with the District System Concept Plan
(Appendix L) in the Implementation Plan, the following conditions apply:
127. DISTRICT SYSTEMS MASTER ENCROACHMENT AGREEMENT: If the applicant elects to implement the optional district systems,
the district system infrastructure shall be permitted to be located within certain portions of the public right of way and City -
owned parcels with the execution of a Master Encroadurgent AgleelnerrL (MEA), between the City and appllcanL, In a form
acceptable by the City Attorney. The MEA shall be prepared and provided to the applicant as part of the City's response to the
first zoning permit application, which includes the district system and the District System Implementation Plan, as described in
Appendix L of the Implementation Plan. The MEA shall include the terms in Exhibit N of the Development Agreement (DA) and
be executed prior to approval of a final map incorporating the district systems, and prior to issuance of the associated building
permit that includes the district system infrastructure. With approval of the DA, the terms and provisions of the district system
and MEA (Exhibit N) in the DA apply.
128. DISTRICT SYSTEMS ENCROACHMENT LOCATIONS: Subject to execution of the Master Encroachment Agreement (MEA) and
subsequent City permits, the district system will be permitted to encroach a total of approximately 15,000 square feet into
certain portions of Parcels Park 1, Park 2, and Park 3, as shown on the Vesting Tentative Map. Multiple crossings (perpendicular
and nonperpendicular) of the public right-of-way on Logue Avenue, Clyde Avenue, and Maude Avenue are permitted to allow
for a continuous district system. No encroachment may limit use, interfere with, or prevent the City's development of a future
above -grade bicycle and pedestrian bridge over the VTA light rail tracks or be inconsistent with the MEA. This condition and
the Development Agreement (Exhibit N), if approved, have been agreed upon by the City and applicant in good -faith based
upon the Bridge Feasibility Study (entitled "Structural Design Memorandum East Whisman Bicycle/Pedestrian Crossing," dated
September 13, 2022, and prepared by Biggs Cardosa Associates Inc.), which was funded and managed by the applicant and
reviewed by the City and conceptually demonstrates infrastructure for an aboveground bridge, and a district system
encroachment can reasonably be accommodated on the space available in Parcels Park 1 and 2.
129. APPLICANT RESPONSIBILITY FOR PRIVATE DISTRICT SYSTEMS: It is the sole responsibility of the applicant to determine the
necessity of obtaining any agreements, authorizations, licenses, permits, and/or easements for a private district systems, and
to comply with all local, regional, State, or Federal rules, regulations, laws, and legal rights of property owners related to the
design, construction, operation, maintenance, and abandonment of all private utility improvements.
130. APPROVALS FOR PRIVATE DISTRICT SYSTEMS: The applicant shall.obtain all necessary local, regional, State, and Federal
permits, licenses, authorizations, and approvals related to connections to the private district systems.
131. SCHEDULE FOR APPROVALS: As part of subsequent zoning permit(s) that includes a district utility system, the applicant shall
submit a schedule for obtaining all relevant agreements, authorizations, licenses, permits, environmental clearances, and/or
easements, required for private district system improvements to the City. Issuance of building permit(s), occupancy, or
execution of the Master Encroachment Agreement may be contingent upon City review and consent of the applicant's
submitted schedule(s).
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Resolution No. 18734
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132, PRIVATE DISTRICT SYSTEMS OPERATOR: Private district systems shall be designed, constructed, operated and maintained by
qualified personnel, as required by the relevant local, regional, State, or Federal oversight/permitting agencies.
133. OTHER APPROVALS AND AGREEMENTS: Prior to building permit issuance, the applicant shall submit to the City a copy of all
agreements, authorizations, Licenses, permits, environmental clearances, and/or easements, and affiliated documents issued
or required by any regulatory oversight/permitting agency related to the private utilities. If one or more of these items are not
available prior to building permit issuance, then the applicant must provide the item(s) when available, but no later than prior
to construction or, firial inspection.
134. COMPLY WITH UTILITY LAWS AND RATE EQUITY: The applicant shall identify and comply with all relevant utility laws and
regulations, including, but not limited to, those related to utility rates. Unless precluded by such applicable laws and
regulations, the rates shall be comparable to those of other public utility providers providing similar service in Mountain View.
135. UTILITY LEVEL OF SERVICE: Private utilities shall maintain a level of service comparable to those of other utility providers
available in Mountain View.
136. NOISE: Private utilities shall not create nuisance noise per City Code Section 21.26.
All Utility Systems (Public and Private). Whether the applicant pursues the private district system and/or installs new City utility
connections, the following conditions apply in all cases:
137. RECYCLED WATER: A private recycled water systems shall be installed for irrigation, cooling, dual -plumbing, and other
,approved nonpotable uses as required by the most current City Code, State or Federal law, and the City's Recycled Water
Customer Guidelines.
138. CITY UTILITY CONNECTIONS: As required by the Public Works Director, and per Section 35.38 of the City Code, each parcel
shall connect directly to City utilities to provide primary service, or back-up service if private utilities are proposed.
139. OWNERSHIP OF PRIVATE SYSTEMS: All on -site and/or district systems shall be privately owned and maintained. The City of
Mountain View has no r'espurisihility fui futttairtg, wnstruuling, uwning, operating, rnainlalning, replacing, or abandoning
private district systems and related appurtenances.
140. MASTER PLAN UTILITY IMPACT STUDY (UIS) IMPROVEMENTS: As part of the project, the applicant shall upgrade or pay their
fair share cost to upgrade utility pipelines identified by the Master Plan Utility Impact Study prepared with the Project SEIR, or
otherwise determined to be necessary by the City. Additionally, the Master Plan UIS determined no additional capacity is
needed in the City's existing water and sewer pipelines; however, should the applicant's water demand and/or sewer flows
increase, the applicant will be responsible for the utility impacts of the additional flows as determined by subsequent utility
impact analysis. Any additional utility impact analysis will be conducted by the City and funded by the applicant at the
consultant cost, along with the City's administration fee. The Master Plan UIS identifies upsizing of three sewer mains within
or adjacent to the project site. The applicant will pay its fair share of the cost of upsizing the three sewer mains or, provided
that the applicant agrees, install the upsized sewer mains at its costs, but subject to a reimbursement agreement acceptable
to the applicant and the City Attorney to reimburse the applicant for costs in excess of its fair share.
141. OTHER UTILITY IMPROVEMENTS: In reviewing subsequent permits, should the City determine there are impacts from the
proposed building design on existing adjacent City utilities, the applicant shall replace and/or relocate impacted utility pipelines
as directed by the City.
142. WATER AND SEWER SERVICE: Each dwelling, townhouse, apartment house, restaurant, or place of business shall have its own
water meter and sanitary sewer lateral in accordance with City Code Section 35.38.
143, 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
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Resolution No. 18734
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indicator valves, Fire Department connections, and detector checks also require approval from the City's Fire Protection
Engineer.
144. UTILITY MAINTENANCE: On -site water, sanitary sewer, and storm drainage facilities shall be privately maintained by the
property owner(s), commercial owner association(s), or homeowners association(s). This includes any and all district systems
infrastructure and facilities, if pursued by the applicant.
145. UNDERGROUND SERVICES: All new and existing electric and telecommunication facillties serving the site are to be placed
underground, including transformers, except where aboveground transformers are allowed if enclosed in an interior
transformer room. The undergrounding of the new and existing overhead electric and telecommunication lines is to be
completed prior to issuance of a Certificate of Occupancy for any new buildings within the site. If allowed by the City,
aboveground transformers, power meters, and pedestals shall be located so they are screened in the least visible location from
the street or to the general public, as approved by the Community Development and Public Works Departments.
RECYCLED WATER
146. RECYCLED WATER IRRIGATION USE REQUIREMENT: This site is within the City's current or future recycled water service area.
Recycled water use is required per the City Code for all irrigation within the City's recycled water service area. All irrigation
shall be designed per City's Customer Guidelines for Recycled Water Use.
147. RECYCLED WATER USE PERMIT: Submit a Recycled Water Use Permit Application.
148. RECYCLED WATER PLANS: Prepare recycled water plans in accordance with the City's Customer Guidelines for Recycled Water
Use. The applicant shall follow the Guidelines, including, but not limited to, showing on the plans: size and location of all
existing and new water meters, backflow preventers, new potable and recycled water pipelines, and existing potable and
recycled water pipelines (if available); location of irrigation system components (controllers, quick couplers, valves, strainers,
and constant pressure main lines); boundaries of the intended potable and recycled water use areas; locations of proposed
recycled water advisory signs; a completed Site Information Box; and all applicable recycled water standard notes and details.
If recycled water is being used for both irrigation and dual -plumbing, submit a color -coded recycled water plan package with
all recycled water systems included (i.e., civil, irrigdLiun, plumbing, gird/ul nreLlydniudl), WIIiLli will be reviewed by Lhe Clty and
State.
149. DUAL -PLUMBED BUILDINGS: Pursuant to Section 8.30.5 of Mountain View City Code, this project shall incorporate dual
plumbing in the design of the building to allow the use of recycled water. The dual -plumbed recycled water system must
comply with the requirements of the City's Customer Guidelines for Recycled Water Use, California Code of Regulations Title 17
and Title 22, and the adopted California Plumbing Code. For dual -plumbed buildings, the owner/tenant is required to hire an
AWWA Cross -Connection Specialist to perform a visual cross -connection inspection every year and a four-year shutdown test.
150. STATE DEPARTMENT OF DRINKING WATER APPROVAL: Approval of the dual plumbing plans and the dual engineering report
is required from the State Department prior to the issuance of a building permit.
GRADING AND DRAINAGE IMPROVEMENTS (ON -SITE)
151. 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, 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 prior to approval of the building permit or a final map.
152, 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 prior to
approval of the building permit or final map.
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Resolution No. 18734
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SOLID WASTE AND RECYCLING
153. MINIMUM COLLECTION VEHICLE ACCESS: The project shall meet the following City standard for collection vehicle access,
which may be updated from time to time based on the City's service provider:
Minimum Required Clearances
In Feet
Width
12'
Length (for roll -off, add length of box, or compactor)
40'
Travelway Vertical(8)
15'
Height for Tipping(8)
22'
Inside Turning Radius
34'
Outside Turning Radius
41'
Backing Distancelel
150'
(a) Required clearance is from finished grade to structural appurtenances
(e.g., overhangs, sprinklers, mechanical, electrical, plumbing). When
travelway has wires above, vertical clearance requirement is increased to 18'.
(b) Trucks will not back around corners or into areas with high volumes of traffic,
pedestrians, or bicycles.
154. SOLID WASTE DEVELOPMENT GUIDELINES: The project shall comply with the City's Solid Waste Program Development
Guidelines in effect at time of zoning permit submittal.
155, MOUNTAIN VIEW GREEN BUILDING CODE/CONSTRUCTION AND DEMOLITION ORDINANCE: The applicant shall comply with
the Mountain View Green Building Code and Construction and Demolition Debris Ordinance. The applicant shall complete and
submit a Construction and Demolition Debris Management Plan for approval by the Public Works Department, Solid Waste
Section, in each development phase. A final Construction and Demolition Debris Recycling Report shall be submitted within a
time frame specified by the Solid Waste Section for approval.
OTHER REQUIREMENTS
156. CONSTRUCTION MANAGEMENT PLAN: A preliminary construction management plan may be required at subsequent zoning
permit submittal for each development phase as identified in Appendix M in the Implementation Plan. Upon submittal of
subsequent building permits per development phase, the applicant shall provide a construction traffic and parking
management plan with the associated building plans. The plan must be approved prior to the issuance of a building permit,
including demolition. The plan must show the following:
Truck Route: Truck route (to and from project site) for construction and delivery trucks pursuant to City Code
Sections 19.58 and 19.59 and which does not include neighborhood residential streets;
2. Construction Phasing, Equipment, Storage, and Parkins: Show and identify construction vehicle and equipment parking
area, material storage and lay -down area, sanitation facilities, and construction trailer location for each phase of
construction. All construction vehicles, equipment, and trailer shall be located on -site or at a site nearby (not on a public
street or public parking) arranged by the permittee/contractor. Construction equipment, materials, or vehicles shall not
be stored or parked on public streets or public parking lots, unless approved by the Public Works Director due to special
conditions, Construction contractors/workers are required to park on -site or at a private property arranged by the
permittee/contractor and shall not be allowed to use neighboring streets for parking/storage; and
Sidewalks: Sidewalk closure or narrowing is not allowed during any on -site construction activities.
4. Traffic Control and Detour Plans: Traffic control plans, including detour plans, shall be submitted to the Public Works
0 Department for review and approval and included with building permit plans to the Building Inspection Division for any
on -site improvements and/or work related to any phase of the construction management plan that requires temporary
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Resolution No. 18734
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}' roadway closure, lane closure, shoulder closure, and/or bike lane closure. Pedestrian detour plans shall be provided
when necessary. Traffic control plans shall be prepared in accordance with the latest edition of the California Manual of
Uniform Traffic Control Devices (CA MUTCD). A completed Traffic Control Checklist shall be included with each traffic
control plan submittal. A separate Excavation Permit from the Public Works Department may be required prior to
issuance of the building permit.
157. CALTRANS PERMIT: The Applicant shall be responsible for applying for, and obtaining approval of, a Caltrans Encroachment
Permit for all work within Caltrans' jurisdiction. Work within the State right-of-way must be In accordance with Caltrans
requirements. Prior to building permit approval, submit a copy of the approved Caltrans Encroachment Permit to the Public
Works Department.
158. STREETLIGHTS: At subsequent zoning permit submittal per development phase, the applicant shall include in the photometric
analysis all existing or proposed new streetlights (e.g., height, arm length, and location) at all street intersection, crosswalks,
and midblock crossings and shall calculate the minimum, maximum, and average illuminance values as well as uniformity ratios,
for each crosswalk shown separately. The applicant is required to install new or modify existing streetlights to ensure locations
are compliant with minimum requirements per the City's current standard details in place at time of submittal (City Standard
Detail E-1A/E-113). The applicant may be required to install new, or modify existing, streetlights beyond the immediate project
frontage in order to show compliance with the standards.
159. REQUIRED TRANSPORTATION IMPROVEMENTS: Per the Master Plan and the Master Plan Multimodal Transportation Analysis
(MTA) prepared with the Project SEIR, public improvements to accommodate increased bicycle, pedestrian, and vehicle trips
generated by the project were identified and evaluated, which are summarized in the table below. Dependent on actual
development proposed/constructed, further verification may be warranted to confirm the improvements align with the scale
of development and development phase. As a result, the City retains the right to modify, remove, or add new improvements
or make other alterations to the table with subsequent City approvals. All of the required improvements (listed below, subject
to modification, deletion, or addition by City stated herein) must be approved and installed by the applicant to the satisfaction
of the Public Works Director. NOTE: The table is not inclusive of all public improvements that may be required by the City for
the project.
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Resolution No. 18734
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Improvement
Location
General Description
Development
No.
Phase
1
Middlefield Road, both sides
Implement Middlefield Road improvements,
including modify any signage or striping, curb
ramps, and sidewalks along the project frontage
on the northside of Middlefield Road. Bike lane
1
improvements on both sides —eastbound and
westbound.
2
Middlefield Road, midblock
Implement VTA bus stop improvements,
immediately west of VTA
including curb alignment modifications and
tracks
protected bike lane at bus stop; install signalized
crosswalk (including poles with mast arms);
install curb ramps, modify signage and striping,
install or update lighting per photometric
analysis; improvements for midblock crossing
and the VTA bus stop must comply with City,
1
CPUC, and VTA requirements and are subject to
ubLdhiirig subsequeril pelmiLs rium Lliese
agencies. Improvements reviewed during those
subsequent applications may require additional
traffic, vehicle queuing, safety, and signal
preemption analysis and requirements.
3
Ellis Street, east side along
Modify curb location, including the median, to
project frontage (including
align with street width requirements and restripe
Bridge Open Space)
roadway as necessary; install bike lane improve-
ments (northbound and southbound); install
2
new sidewalks, including curb ramps on the east
side of Ellis Street between Middlefield Road and
the northern project site boundary.
4
Ellis Street at Precise Plan
Implement full traffic signal (including poles with
Street B (access road to
mast arms); remove existing crosswalk on north
365 North Whisman Road and
side of intersection and reinstall at south side of
464 Ellis Street)
intersection; install curb ramps, modify curb
returns as necessary; modify signage and
striping; install or update lighting per
2
photometric analysis. Additional engineering
analysis is recommended to be conducted at this
development phase of the project based on final
proposed development, the actual pedestrian
volumes, and/or field observations of pedestrian
delay gaps in roadway traffic flow.
5
Ellis Street at O1/R2 service
Implement full traffic signal (including poles with
street
mast arms); possibly relocate nearby midblock
crosswalk; install curb ramps, modify curb
returns as necessary; modify signage and
2
striping; install or update lighting per
photometric analysis.
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Resolution No. 18734
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Improvement
Location
General Description
Development
No.
Phase
6
Logue Avenue, east and west
Remove on -street parking on east side of Logue
side, between Maude Avenue
Avenue and install bike lane striping and signage;
and northern terminus, along
install roadway striping to retain parking and
project frontage (including
install bike lanes on west side of Logue Avenue,
3
Maude Park and Bridge Open
including signage; install new sidewalks; install
Space)
new curb.
7
Logue Avenue, midblock
Implement an active crosswalk with Rectangular
between Maude Avenue and
Rapid Flash Beacon (RRFB) and install
northern terminus, north of
infrastructure (e.g., conduits, lighting, etc., to
Building R3
facilitate the installation of a future signal);
install curb ramps; modify signage and striping;
3
install or update lighting per photometric
analysis.
8
Maude Avenue, north side,
Remove on -street parking and install bike lanes,
Logue Avenue Lu Clyde
Including signage grid slrlping; Install new curb
Avenue
locations; install curb ramps; modify signage and
striping; install or update lighting per photo-
3
metric analysis; paint red curb as required near
service street entrances.
9
Maude Avenue, south side,
Retain on -street parking; install bike lanes; install
along project frontage
new signage and striping; install new sidewalk;
(including R6 and Gateway
paint red curb as required near driveway
3
Park)
entrances.
10
Logue Avenue at Maude
Upgrade existing crosswalk to high -visibility
Avenue
markings (on north side of intersection);
implement new high -visibility crosswalk on east
side of intersection; install/upgrade curb ramps
for crosswalks; install or update lighting per
3
photometric analysis; upgrade stop signs, if
necessary.
11
Maude Avenue at Clyde
Upgrade existing crosswalk to high -visibility
Avenue
markings; implement new high -visibility
crosswalk on west and east sides of intersection;
install/upgrade curb ramps for crosswalks; install
3
or update lighting per photometric analysis;
upgrade stop signs, if necessary,
12
Clyde Avenue, west and east
Remove on -street parking on the east side;
side, Maude Avenue to
retain on -street parking on the west side; install
northern project limit
bike lanes; install new signage and striping;
4
install new sidewalks.
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Resolution No. 18734
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Improvement
Location
General Description
Development
No.
Phase
13
Clyde Avenue, midblock south
Implement signalized crosswalk (including poles
of Building O5/P1
with mast arms) at least 100' south •of driveway
to Building O5/131 (aligned to provide access to
park); install curb ramps; modify signing and
striping; install or update lighting per
photometric analysis. Additional engineering
4
analysis is recommended to be conducted at
development phase based on the actual
proposed development, actual pedestrian
volumes, and/or field observations of pedestrian
delay gaps in roadway Lraffic flow,
14
Clyde Avenue, midblock north
Implement an active crosswalk with RRFB
of Building R5 at P2 driveway
(including poles with mast arms) at least
300' from improvement 13, and at the
4
P2 driveway; install curb ramps; modify signage
and striping; install or update lighting per
photometric analysis.
15
Flex zones, or other on -street
All flex zones are to align with the Master Plan
loading zones (on public
MTA, but final allowances and locations will be
streets)
determined with each phase of development at
2 through 4
subsequent zoning permits.
Fire and Environmental Protection Division-650-903-6378 or FEPD@mountainview.gov
For more information, guidelines, design criteria, or materials about urban runoff conditions, contact the Fire and Environmental
Protection Division of the Fire Department at 650-903-6378 or online at www.mountainview.gov/fep. "Stormwater Quality Guidelines
for Development Projects" can be accessed on the Fire Department website at www.mountainview.gov/fepforms.
160. BUILDING DEMOLITION PCB CONTROL (COA HAZ-1.1 FROM PROJECT SEIR): Nonwood-frame buildings constructed before
1981 that will be completely demolished are required to conduct representative sampling of priority building materials that
may contain polychlorinated biphenyls (PCBs). If sample results of one or more priority building materials show PCBs
concentrations >_50 ppm, the applicant is required to follow applicable Federal and State notification and abatement
requirements prior to demolition of the building. Submit a completed "Polychlorinated Biphenyls (PCBs) Screening Assessment
Applicant Package" with the building demolition plans for the project. A demolition permit will not be issued until the
completed "PCBs Screening Assessment Applicant Package" is submitted and approved by the City Fire and Environmental
Protection Division (FEPD), Applicants are required to comply with applicable Federal and State regulations regarding
notification and abatement of PCBs -containing materials. Contact the City's FEPD at 650-903-6378 to obtain a copy of the
"PCBs Screening Assessment Applicant Package" and related guidance and information.
161. MUNICIPAL REGIONAL PERMIT (MRP): The project is subject to the applicable Municipal Regional Permit (MRP) issued by the
Regional Water Quality Control Board (RWQCB) and administered by the City of Mountain View Fire and Environmental
Protection Division in place at time of building permit submittal.
The current MRP was adopted for a five-year term effective July 1, 2022. Information regarding the MRP can be found online
at https://www.waterboards.ca.gov/sanfranciscobay/water issues/programs/stormwater/. The MRP requirements may be
updated from time to time based on RWQCB reissuance and adoption.
162. STATE OF CALIFORNIA CONSTRUCTION GENERAL STORMWATER PERMIT (COA HYD-2.1 FROM PROJECT SEIR): A "Notice of
Intent" (NO1) and "Stormwater Pollution Prevention Plan" (SWPPP) shall be prepared for construction projects disturbing
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one (1) acre or more of land. Proof of coverage under the State General Construction Activity Stormwater Permit shall be
attached to the building plans.
163. CONSTRUCTION BEST MANAGEMENT PRACTICES (COA HYD-2.1 FROM PROJECT SEIR): 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.
164. CONSTRUCTION SEDIMENT AND EROSION CONTROL PLAN (COA HYD-2.1 FROM PROJECT SEIR): The applicant shall submit a
written plan acceptable to the City which shows controls that would be used at the site to minimize sediment runoff and erosion
during storm events. The plan shall include installation of the following items where appropriate: (a) silt fences around the
site perimeter; (b) gravel bags surrounding catch basins; (c) filter fabric over catch basins; (d) covering of exposed stockpiles;
(e) concrete washout areas; (f) stabilized rock/gravel driveways at points of egress from the site; and (g) vegetation,
hydroseeding, or other soil stabilization methods for high -erosion areas. The plan shall also include routine street sweeping
and storm drain catch basin cleaning.
165. STORMWATER TREATMENT (C.3) (COA HYD-2.1 FROM PROJECT SEIR): This project would create or replace impervious
surface; therefore, stormwater runoff shall be directed to approve permanent treatment controls as described in the City's
guidance document entitled "Stormwater Quality Guidelines for Development Projects."
166. STORMWATER MANAGEMENT PLAN —THIRD PARTY ENGINEER'S CERTIFICATION (COA HYD-2.1 FROM PROJECT SEIR): The
Final Stormwater Management Plan shall be certified by a qualified third -party engineer that the proposed stormwater
treatment controls comply with the City's Guidelines and Provision C.3 of the Municipal Regional Stormwater NPDES Permit
,(MRP). A list of qualified engineers is available at: http://www.scvurppp-w2k.com/consultants list.shtml.
167, GREEN STORMWATER INFRASTRUCTURE: The applicant should consider implementing Green Stormwater Infrastructure (GSI)
for portions of the project which are unregulated by C3 requirements, such as existing public streets: https://scvurppp.org/wp-
content/uploads/2019/09/SCVURPPP-GSIHandbook-Sept-2019 9-5-19.pdf. Explore innovative full trash capture systems in
and/or associated with the storm drainage systems.
NOTE: Decisions of Lhe Zuning Adrninislralur may be dppedled to Lhe Cily Council in compliance with Chapter 36 of Lhe Cily Code. An
appeal shall be filed in the City Clerk's Office within 10 calendar days following the date of mailing of the findings. Appeals shall be
accompanied by a filing fee. No building permits may be issued or occupancy authorized during this appeal period.
NOTE: As required by California Government Code Section 66020, the applicant is hereby notified that the 90-day period has begun
as of the date of approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions
imposed by the City as part of this approval or as a condition of approval. The fees, dedications, reservations, or other exactions are
described in the approved plans, conditions of approval, and/or the adopted City fee schedule.
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Exhibit B
ADMINISTRATIVE PROCEDURES FOR
IMPLEMENTATION OF THE MIDDLEFIELD PARK MASTER PLAN
APPLICATION NO: PL-2020-149
This document contains administrative procedures and project requirements to implement the
Middlefield Park Master Plan, which supplements and expands upon City regulations and
procedures, East Whisman Precise Plan (Precise Plan) requirements, the Review Approval
Framework, and the Project Conditions of Approval. NOTE: References include: (a) condition
numbers are referencing Project Conditions of Approval in Exhibit A in this Resolution; (b) the
Review and Approval Framework Is Appendix M In the Middlefield Park Implementation Plan;
and (c) if approved by City Council, the Development Agreement (DA) associated with this project
(Application No. PL-2021-249).
1. SUBSEQUENT PERMITS: Subsequent permits are required to entitle and construct within
the Master Plan area, subject to the City's permiL review process, City Curie, Review gild
Approval Framework, and, if approved, the DA.
A. Zoning Permits: Zoning permits must be applied for in order to entitle development
and specific land uses on any given parcel(s) within the Master Plan area. Zoning
permits, including any extension, are valid per Section 36.56.65 of the City Code;
except with approval of the DA, when zoning permits will be valid for a period not to
exceed four years with no permit extension during the DA term. If construction has
not commenced prior to the zoning permit expiration, but before the conclusion of
the DA term, the applicant must reapply for a zoning permit. All zoning permits are
to be processed per Procedure No. 2 (below) and the City Code, primarily Chapter 36.
B. Building Permits: Building permits must be obtained to allow construction activities
and building occupancy for new construction in the Master Plan area. All building
permits are to be processed in accordance with the City Code, primarily Chapter 8.
C. Public Works Permits: Applications for any permits issued by the Public Works
Department must be obtained prior to allowing construction activities in the public
right-of-way and/or to connect to public infrastructure. All permits are to be
processed in accordance with the City Code, primarily Chapters 27, 28, 34, 35, 38, 41,
and 43.
2. EXPEDITED ZONING PERMIT REVIEW: Subsequent zoning permit entitlements that are
compliant with the Master Plan and consistent with the Precise Plan can be reviewed under
an expedited planning entitlement process per Section 6.3.2.6 of the East Whisman Precise
Plan (as referred to in the Review and Approval Framework). This process includes review
by City staff, the Development Review Committee (DRC), and a decision by the Zoning
Administrator (ZA) at a duly noticed Administrative Zoning public hearing. The ZA has the
discretion to refer a zoning permit to the City Council for a decision. Per City Code
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Section 36.56.50, the action by the ZA on a zoning permit may be appealed to the City
Council. Additionally, a community meeting shall be conducted by the applicant as part of
4 the zoning permit(s) reviewed for each development phase in the Master Plan. The
applicant shall also maintain a website for the project for public viewing that provides
access to the approved Master Plan and subsequent zoning permit materials related to new
construction, project status and development milestones, contact information for the
public/interested businesses, and a subscription interest list for email correspondence and
construction notifications.
3. ACTIVE USES (CHANGE OF USE PERMITS): All ground -floor commercial space identified and
defined in the Master Plan as "Active Use" must comply with the following:
A. Location: Active Uses are limited to the ground floor of buildings located on
Parcels R1, R2, R3, R4b, R5, and Parking Structure P2, as shown in the Vesting
Tentative Map, and within the Ellis Community Pavilion/Ellis POPA Open Space in the
Maslet Platt. All teyuited patkhig fut Lhe Active Use musl. be IucaLed un Lhe wine
parcel as the use. (NOTE: Any buildings) with direct access into a shared parking
garage(s) with legal rights to use said parking, irrespective of the physical parcel the
space may be located on, constitutes the same parcel for this Subsection A.)
B. Approved Uses: Active Uses must comply with the Precise Plan land use table.
C. Exempt from Floor Area Ratio (FAR): An Active Use may be exempt from FAR if it
complies with Procedure No. 4 (below) and is approved with a subsequent zoning
permit.
D. Subsidized Space per Small Business Diversification and Nonprofit Inclusion
Program (Small Business Program): Per the applicant's Small Business Program
identified in Procedure No. 6 (below), a portion of the Active Use space shall be
subsidized in accordance with that program. If approved, the provisions of the DA
apply to that program.
All new or relocating Active Use tenants within the Master Plan must obtain a Development
Review Permit (zoning permit) for a change of use (also referred to as a "Change of Use
Permit") with the Planning Division, following procedures in City Code Section 36.44.65, in
order to demonstrate consistency with: (1) the land use permitted in the Precise Plan;
(2) requirements of the Master Plan's Small Business Program for a minimum of 10 years,
or, if approved, the duration of the DA term in accordance with the DA provisions,
whichever is longer; and (3) any FAR exemption(s).
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4. FLOOR AREA EXEMPTIONS: In subsequent zoning permits, this project may include
requests for floor area exemptions for specific land uses, including:
A. Ground -floor commercial space (identified as Active Use in the Master Plan) used by
small businesses, community facilities, nonprofits, educational, cultural, child -cafe, or
neighborhood commercial uses, in accordance with the criteria in the East Whisman
Precise Plan. A legal agreement, in a form approved by the City Attorney and
consistent with Exhibit M in the DA, shall be recorded on the property to identify the
approved gross floor area exemption and use of the space for a qualified business or
organization prior to issuance of a building permit(s), which includes the applicable
floor area. In some cases, the legal agreement may not be executed and recorded
until prior to occupancy of a tenant space. It shall run with the land and shall not be
amended without prior City consent. Specifically, the areas dedicated within a new
development for:
(1) Small businesses or educational, cultural, child-care, or other nonprofit uses can
be exempt from gross floor area; however, the maximum floor area exemption
shall not exceed 5% of the project's gross floor area within a given development
phase. Small businesses and nonprofits shall meet the definitions in the Small
Business Program in Exhibit J of the DA; all uses must comply with the definitions
in Chapter 36 (Zoning) of the City Code or Precise Plan.
(2) Neighborhood commercial uses, as defined in the land use table of the Precise
Plan, can be exempt from gross floor area. Amenity spaces for residential or
office uses may use this exemption if those amenities are available for public
use, but parking cannot count toward the exemption.
B. Up to a 45,000 square foot floor area exemption for a Central Utility Plant (CUP) is
allowed per subsequent zoning permit(s) approval of a private district utility system.
5. REVISIONS TO THE APPROVED MASTER PLAN: Minor modifications to the approved
Master Plan shall require approval by the Zoning Administrator. Major modifications to the
Master Plan shall require a City Council public hearing, which may require modifications to
other project approvals; or, if the DA is approved, with Existing Approvals as defined in the
DA. Examples of these modifications include:
A. Minor Modifications: Any modification to the Master Plan that is not a major
modification or, if approved, is not a Material Change as defined in the DA. All minor
modifications must comply with the East Whisman Precise Plan and City Code.
Exceptions from development standards permitted in the Precise Plan, by a
subsequent zoning permit, allowed by City Code, or identified in the Master Plan or
Review and Approval Framework are considered minor modifications, which may be
approved by the Zoning Administrator with a subsequent zoning permit at a duly
noticed Administrative Zoning public hearing.
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B. Major Modifications: Any modification that: (1) exceeds the maximum floor area in
accordance with Section 3.3.2.4 of the Precise Plan; (2) exceeds the project's allotted
Precise Plan development reserve office square footage; (3) exceeds the approved
Bonus FAR for the project; (4) changes the approved land uses in the Master Plan,
other than those Active Uses permitted by the Precise Plan; (5) changes the general
location of on -site or off -site improvements; (6) increases the maximum height or size
of buildings proposed in the project inconsistent with the Master Plan or Precise Plan;
(7) increases the overall square footage of the project; (7) changes the location or size
of land dedication offerings for parks and affordable housing; or (8) modifies the
approved Community Benefits or Public Benefits. With approval of the DA, a rnajur
modification constitutes a Material Change as defined in the DA, along with Items 1
through 3 in this Subsection B.
6. REQUIRED COMMUNITY BENEFITS: In compliance with the East Whisman Precise Plan, the
applicant is required to provide community benefits in exchange for bonus floor area for
nonresidential (622,925 square foot maximum with a required value at $16,974,706) and
residential development (397,936 square foot maximum with a required value at
$2,168,751). The applicant has proposed to provide the following community benefits with
a total required value of $19,143,457, based on current adopted fees in place, including:
A. Cash payment in the amount of $500,000 to the City's General Fund for use at the
City's discretion for "people -centric" activities and programs for: (1) housing
opportunities and antidisplacement efforts; (2) small business support and work force
development; (3) safe and expanded connections and consolidated infrastructure for
pedestrians and bicyclists; and (4) quality open space for recreation, relaxation, and
entertainment. The payment shall be provided to the City within 90 days of approval
or in accordance with the provisions of an approved DA, whichever is later; and
B. The applicant shall create and implement a Small Business Diversification and
Nonprofit Inclusion Program ("Small Business Program") to assist local businesses
owned by women and individuals from underserved backgrounds, a small grocer or
market owner, nonprofits, and businesses where 50% of the employees are either
women or people of underserved backgrounds. The Small Business Program will:
(1) establish 21,000 square feet of subsidized ground -floor commercial tenant space
for qualified businesses at a capped rent (average of $35 per square foot);
(2) construct a 1,000 square foot Ellis Community Pavilion building in Ellis Park with
minimal rental fees; (3) provide a tenant improvement allowance to fund and
construct improvements for qualified businesses within the Active Use space
identified in the Master Plan (at $125 per square foot); and (4) provide additional
funding and support services to qualified businesses in the Active Use space identified
in the Master Plan area. The Small Business Program framework is included in
Exhibit J of the DA and applies to the project for the lifetime of the program
irrespective of DA approval (total value $18,643,457). The lifetime of the program is
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a minimum of 10 years, or, if approved, the duration of the DA term in accordance
with the DA provisions, whichever is longer.
Details of the community benefit package must be reviewed and approved during zoning
permit and building permit review by the Community Development Department, including
review of design/construction plans of the subsidized active use space, subsequent
approvals for occupancy of the subsidized space, recordation of any required legal
agreement, and ongoing annual monitoring of the Small Business Program. If the DA is in
effect, the community benefit requirement is subject to the fee provisions identified in
Exhibit I of the DA, along with other terms and provisions in the DA.
VOLUNTARY PUBLIC BENEFITS: In addition to the corninunity beue(il.s described in
Procedure No. 6, the applicant is providing the following voluntary public benefits to the
City and its residents in exchange for entering into a DA that extends the vested rights and
entitlement period of the project approvals. These benefits only apply with an approved
DA, which further describes the benefits, their terms, and delivery (value of $11,250,000):
A. Cash payment in the amount of $1,000,000 to the City's General Fund for use at the
City's discretion for "people -centric" activities and programs for: (1) housing
opportunities and antidisplacement efforts; (2) small business support and workforce
development; (3) safe and expanded connections and consolidated infrastructure for
pedestrians and bicyclists; and (4) quality open space for recreation, relaxation, and
entertainment. The payment shall be provided to the City prior to the issuance of the
first building permit for an office building in the Master Plan;
B. Cash payment to the City to facilitate design and construction of a Community Park's
recreational elements and amenities on Parcel Park 3 (shown on the Vesting Tentative
Map), which is to be delivered to the City as described in Procedure No. 15 (below),
Project Condition Nos. 113 and 114, and provisions of the DA, which is summarized
as: (a) twenty-two percent (22%), estimated at $2 million, of the total funding amount
shall be provided to the City for design and design -related costs at least ninety (90)
days prior to City awarding a contract to a design consultant who will be responsible
for designing the park; and (b) seventy-eight percent (78%), estimated at $7 million,
of the total funding amount shall be provided to City for construction of the park at
the time of delivery of Parcel Park 3 and in all events no later than ninety (90) days
prior to City Council approval to advertise the park project for construction bids. This
benefit is subject to cost escalation per Exhibit I in the DA (total value $9,000,000);
C. The applicant shall fund and install a public artistic feature(s) in the Ellis POPA open
space (value $1,000,000) and in accordance with Project Condition No. 26;
D. The applicant has expended funds up to $250,000 to prepare a Bridge Feasibility Study
to confirm the proposed Bridge Open Space site is adequate in size and can reasonably
accommodate an encroachment for the applicant's optional private district utility
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system in tandem with future bridge infrastructure. The City has no obligation to
contribute to or reimburse any part of this funding, regardless of whether or not the
applicant proceeds with development;
E. Use of the plaza in the Ellis POPA open space by the City for City -sponsored events for
up to five times per year and use of the Ellis Community Pavilion/Fairchild Barn for
City events up to 12 times per year at no rental cost per the terms of the DA, which
shall be incorporated into the public access covenant and POPA agreement identified
in Project Condition No. 116 and in accordance with Exhibit H of the DA;
F. Shared use of 40 parking spaces for park visitors at no cost in accordance with
Exhibit K of the DA; and
G. A good -faith, diligent effort by the applicant to obtain a Use -Tax Point -of -Sale Permit
for the project site in order to have the local portion of sales and use tax distributed
directly to the City as further described in the DA.
8. MASTER PLAN PARKING RATIOS: Parking ratios are not approved as part of the Master
Plan; however, at a minimum, the Master Plan and subsequent zoning permits must comply
with the parking requirements of the East Whisman Precise Plan. The Master Plan
Multi -Modal Transportation Analysis included a parking study, which is available for
reference and can be used in subsequent zoning permits for justification; or a separate
parking study can be prepared by a transportation consultant, which may require a
consultant peer review hired by the City and paid for by the applicant (including the City's
administration fee). Parking ratios, including the number of loading spaces, car -sharing
spaces, short-term/drop-off spaces, and moving van spaces, will be established as part of
subsequent zoning permit approvals for each phase of development.
9. MASTER PLAN BIKE PARKING: Bike parking ratios (short-term and long-term) are not
approved as part of the Master Plan; however, at minimum, the Master Plan and
subsequent zoning permits must comply with the bike parking requirements of the East
Whisman Precise Plan. Bike parking ratios, including ancillary requirements, such as repair
stations, will be established as part of subsequent zoning permit approvals for each phase
of development; the Master Plan Multi -Modal Transportation Analysis is available for
reference and use in subsequent zoning permits.
10. TREE REMOVALS: No tree removal permits are approved with this Master Plan; however,
trees are anticipated to be removed to implement the Master Plan. Separate permits to
remove, relocate, or otherwise alter Heritage trees, street trees, or other trees on the
project site are required to be obtained. All tree removals will be evaluated in tandem with
subsequent zoning permits per development phase, in accordance with City standards and
procedures and the Tree Framework (Appendix I in the Middlefield Park Implementation
Plan). As part of subsequent zoning permits, the City may consider building setback relief
or utility easement exceptions/modifications in evaluating the preservation of existing
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trees, particularly existing pines, oaks, London planes, Coast redwood trees and other
conifers. If approved, additional provisions in the DA may apply.
11. DESIGN REVIEW AND OBJECTIVES: In subsequent zoning permits, all building and site
design is subject to the design guidelines and standards in the East Whisman Precise Plan
and City Code as well as the Master Plan Urban Design Objectives (Appendix D in the
Middlefield Park Implementation Plan).
12. OVERLAPPING AND EXTENDED OCCUPANCY: The applicant may need to occupy existing
office buildings for a period of time after new office buildings are granted occupancy by the
City, resulting in an interim period of project noncompliance with office square footage on -
site. The applicant may request for an existing office building(s) to remain occupied during
construction of a new office building(s), which is utilizing the office building's existing FAR
square footage credit, in order to provide time for employees to relocate from the existing
building(s) into the new building(s). The applicant's request shall be included in any
application or request for: (1) a zoning permit for the associated development phase where
this circumstance may arise to ensure appropriate considerations for occupancy and
construction of the phase are reviewed; and (2) a Temporary Certificate of Occupancy (TCO)
for a new office building(s), where the applicant must provide surety funds in an amount
reasonably determined by the Chief Building Official for the anticipated demolition of the
existing office building(s) and any existing improvements, in order to allow up to 90 days
for employee relocations. The TCO request may include other outstanding items (and their
associated surety funds) required for a Certificate of Occupancy as required by the Chief
Building Official.
13. EARLY DEMOLITION: The applicant will need to demolish existing buildings within the
Master Plan area and/or site improvements in and around the Master Plan area prior to
constructing new buildings and/or new improvements. This activity may need to occur
separate from and earlier than issuance of a building permit(s) for new construction or new
improvements in the same area, in order to provide adequate time, space, and
accommodation for site preparation, infrastructure improvements, land delivery, and/or
construction staging. The applicant is required to obtain all necessary permits for
demolition activity from the City and any other oversight agency permits with jurisdiction
over the proposed activities. As a result, the applicant may apply for and the City may issue,
at the City's full discretion, a demolition permit(s) prior to, or in advance of, building permits
for the associated new construction or infrastructure.
14. SUBSEQUENT SITE -SPECIFIC TRANSPORTATION, ANALYSIS: At time of zoning permit
submittal for each phase of development, the applicant shall provide site -specific multi -
modal transportation information as follows:
A. Transportation information, including worksheets) and attachments, as required
E_
materials for submission of a zoning permit application;
:
,
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J
B. A summary table comparing the development phase design with the conditions
analyzed in the Master Plan Multi -Modal Transportation Analysis (MTA) and Master
Plan, with clear identification of where the project design aligns with
recommendations of the Master Plan MTA and where it differs. The summary table
shall include, but is not limited to, comparisons of: sidewalk widths, paseo widths,
pathway widths, bikeway treatments, crossing locations/types, public access
easements, block lengths, loading/flex zones, street frontage parking regulations
(including driveway red curb zones), driveway widths, driveway locations, driveway
throat lengths, site parking, building size, building use, and off -site improvements
(e.g., signal locations, crosswalk locations, etc.);
C. A written explanation of any area of minor variation, change, or modification from the
Master Plan MTA, which continues to meet the intent of the prior MTA
recommendations) and meets City requirements. A written explanation for the
change from the Master Plan MTA or Master Plan shall be included for each variation
or modification requested (and may include providing visual graphics or plan sheets,
as needed) for City evaluation; and
D. Any area of new information or major modification from the Master Plan MTA and/or
Master Plan shall include data (if applicable), analysis, and evidentiary justification for
City evaluation.
Upon review of the required information noted above, the City will determine if a
subsequent site -specific MTA is required; otherwise, no subsequent MTA will be required.
The City may contract with a consultant to analyze the information presented, which the
applicant must fund at contract cost plus the City administration fee.
Should any minor or major modifications be approved that differ from the Master Plan
MTA, the applicant may be required to modify a final map to accommodate those changes
to the satisfaction of the Public Works Director.
15. CITY LAND DEDICATION/CONVEYANCE REQUIREMENTS: For any land to be dedicated or
conveyed to the City as part of the implementation of the Master Plan, the following
standard process is required for the City to accept the land parcel(s) under subsequent City
permits. This procedure outlines the steps to occur during zoning permit and building
permit review when land dedication is proposed; some of the actions or requirements have
been agreed upon by the applicant and City in advance and are noted as such. If the DA is
approved by the City Council, the DA provisions, including, but not limited to, DA
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Section 5.4, supplement and should be applied together with the general procedure set
forth herein.
A. Compliance Reports and Verification: The applicant shall provide the following to the
Planning Division as part of the zoning permit application for the development phase
when land dedication is proposed:
(1) Environmental Compliance. The applicant shall:
(a) Submit to the City Phase I and Phase II Environmental Site Assessments,
including the applicable results of any and all soil samples, soil vapor, and
groundwater testing; characterization of soil for off -haul and disposal;
evaluation of potential upgradient or off -site sources contributing to
on -site conditions; and pesticide -affected soils ("Environmental Reports")
for the land to be dedicated ("dedicated parcel"). On -site testing must
include locations underneath all existing structures on the dedicated
parcel, unless other locations are agreed upon by the City. The
Environmental Reports must be prepared, and all testing conducted,
within six months of submittal of the zoning permit application and must
be specific to each parcel of land to be dedicated to the City. These
Environmental Reports must be prepared by a licensed environmental
professional and respond to the planned and foreseeable land use
("planned land use") proposed on the dedicated parcel (e.g., residential,
park/open space);
(b) If the testing results in the Environmental Reports exceed the applicable
environmental screening thresholds for the planned land use, the
applicant shall take all actions necessary to ensure completion of
mitigation or remediation, as applicable, to the satisfaction of the
regulatory agency responsible for oversight ("oversight agency"), or, if
there is no oversight agency, to the satisfaction of the City for the intended
use prior to dedicating the land to the City, consistent with DA Section 5.4.
"Remediation" as used herein refers to those abatement or remediation
activities that are the responsibility of the applicant so that the City may
make use of the property for its intended use as a park or for affordable
housing without the City having to incur expenses to abate or remediate
on -site contamination; "remediation" does not refer to actions of a
responsible party under State or Federal law for the environmental clean-
up of the subject parcel(s) if the applicant has not been designated a
responsible party by the environmental oversight agency. Completion of
remediation is defined below in Subsections i and ii:
i) The Environmental Reports must clearly state the remedial actions
required to comply with the oversight agency requirements, or, if
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there is no oversight agency, City requirements for the planned land
use. The conclusions of the Environmental Reports may include, but
are not limited to, the following: (a.) no remediation or mitigation is
required for the planned land use; (b.) site clean-up actions are
required, such as soil removal and off -haul, ground water
treatments, etc.; and/or (c.) active or passive remediation systems or
mitigations are required in future building designs, such as a vapor
barrier/intrusion controls, mechanical pump and treat facilities, etc.,
to allow the planned land use.
ii) If Subsection (1)16(i)(c.) is required, the applicant shall determine the
extent of remediation or mitigation that is reasonably required for
that building design in order to ensure that there is no unacceptable
risk to human health or -the environment, along with a cost estimate
based on the remediation required ("Cost Estimate"), as verified by
the Community Development Director and/or Public Works Director
("Director"). If the Environmental Reports can be reviewed
informally by the oversight agency, then the applicant shall consult
the oversight agency and receive an informal determination;
otherwise, the City will verify separately (see Part A(3)). A Cost
Estimate has been approved for this project in accordance with
Project Condition No. 77 and, if approved, in the provisions of the DA.
(2) Site Management Plan (SMP). The applicant shall prepare a construction Site
Management Plan, in accordance with the requirements of the oversight
agency, for the planned land use on the dedicated parcel and City, State, and
Federal requirements for construction safety on the dedicated parcel, which
must include measures for all construction activities anticipated for the future
planned land use (e.g., demolition, grading, utilities, and new construction). This
SMP is for informational purposes for the City and will be independently verified
by the City.
(3) City Verification. Following submittal of the materials in Parts A(1) and A(2)
above, the City will verify the materials provided are satisfactory. The applicant
shall pay for a consultant to be hired by the City, including the City's
administration fee, to peer review and verify all information provided by the
applicant. Once the Environmental Report and the SMP are determined by the
City to be satisfactory, the City can proceed with a final determination on the
zoning permit, which will include a condition of approval for payment of the Cost
Estimate to the City for any parcel proposed for residential use.
B. Required Site Preparation: The applicant shall complete the following activities prior
to City issuance of the building permit for the development phase for which the
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project requires land dedication (and which is associated with the subsequent zoning
permit approval under Subsection A):
(1) Complete Remediation. If site clean-up actions are required to complete
remediation as described in Section A(1)(b)(i)(b.) above, the applicant shall
complete the required remediation to the satisfaction of the oversight agency
or the City, as applicable. If building design measures are required to complete
remediation as outlined in A(1)(b)(i)(c.) above, in lieu of physical design
measures of a proposed building design (which are unknown at the time and the
project is not responsible to build or design), the applicant shall pay the Cost
Estimate to the City.
(2) Site Construction/Infrastructure. The applicant shall ensure that the dedicated
parcel(s) is "development -ready" by removing all existing structures,
landscaping, and improvements on -site, including existing utilities, and finish the
site to a rough -grade finish, graded toward the public street, and the topsoil
stabilized. The parcel must be clear of all debris.
Any "development -ready" work will require a separate demolition permit for
on -site work if: (a.) it is completed earlier than prescribed herein; or (b.) it is not
included on the building permit plans for a given development phase. All work
in the public right of way shall require an excavation permit.
(a) For land dedicated for park development, the applicant shall provide utility
stubs to the property line and install all frontage improvements along the
public street(s) in accordance with the Precise Plan dimensions and in
accordance with Project Condition Nos. 114 and 118.
(b) For land dedicated for residential development, the applicant shall provide
all infrastructure necessary to serve the units to the property line from the
public street, including sewer, water, electricity, street access, and all
frontage improvements in accordance with the Precise Plan dimensions on
the dedicated parcels and in accordance with Project Condition Nos. 77
and 118.
As an alternative, decided upon and authorized by the City as a permit
condition at time of subsequent zoning permit approval, the City can allow
the applicant to: (a.) enter into an Improvement Agreement covering the
scope of work to be executed with the phased final map, which includes
the dedicated parcel for residential use; and (b.) a cash security of 100% of
the estimated cost to install the improvements. The cash security shall be
increased annually based on CCI and submitted to the Public Works
Director by December 1 each year, or, if the DA is approved, at the time of
the DA annual review. The funds are to be held until which time the
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improvements are either: (c.) installed by the applicant; or (d.) with
coordination and full cost by the applicant, ready to be installed by a
residential developer on the parcel(s) for residential development.
(3) Indemnity Agreement. The applicant is to execute an agreement with the City
to protect, defend, indemnify, and hold harmless the City and the City's
directors, officers, employees, and agents from and against any environmental
liability related to any hazardous substances arising from or caused by acts of
the applicant or the applicant's agents or contractors (collectively referred to as
the "applicant" herein) at the property, and any and all claims, demands,
judgments, settlements, damages, actions, causes of action, injuries,
administrative orders, consent agreements and orders, liabilities, losses,
penalties, and costs related to hazardous substances or contamination arising
from or caused by acts of the applicant, including, but not limited to, any clean-
up costs, remediation costs, and response costs, and all expenses of any kind
whatsoever, including reasonable attorneys' fees and expenses, including, but
not limited to, those arising out of loss of life caused by, or arising from, acts of
the applicant; injury to persons, property, or business caused by, or arising from,
acts of the applicant; or damage to natural resources in connection with the
activities of applicant, the foregoing being collectively referred to as "claims,"
which:
(a) Arise out of the actual, alleged, or threatened mitigation, spill, leaching, pouring,
emptying, injection, discharge, dispersal, release, storage, treatment,
generation, or disposal or escape of any hazardous substances onto or from the
premises;
(b) Actually or allegedly arise out of or in connection with the premises, the use,
specification, or inclusion of any product, material, or process containing
hazardous substances, the failure to detect the existence or proportion of
hazardous substances in the soil, air, surface water, or groundwater, or the
performance of or failure to perform the abatement of any hazardous
substances source or the replacement or removal of any soil, water, surface
water, or groundwater containing any hazardous substances;
(c) Arise out of the breach of any covenant, warranty, or representation by the
applicant contained in any statement or other information given by the
applicant to the City in connection with environmental matters; or
(d) Arise out of any enforcement or remedial action or any judicial or administrative
action brought pursuant to any environmental law.
The applicant and the applicant's successors and assigns shall bear, pay, and
discharge, when and as the same become due and payable, any and all such
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judgments or claims for damages, penalties, or otherwise against City, as provided in
c
this section; shall hold the City harmless for those judgments or claims; and shall
assume the burden and expense of defending all suits, administrative proceedings,
and negotiations of any description with any and all persons, political subdivisions, or
government agencies.
C. Land Transfer: The applicant shall offer the fee interest parcel(s) in dedication to the
City on the face of a phased final map. Prior to conveying the land to the City, the
applicant shall provide updated Environmental Reports (to be within six months of
land transfer, unless otherwise agreed upon by the City), a preliminary title report and
a grant deed, each subject to City approval. The City may, in its discretion,
independently verify or peer review the information submitted. For dedicated parcels
for residential development only, conveyance shall be accepted through escrow with
a title company that the applicant and City mutually and jointly instruct.
16. WAGE THEFT/RESPONSIBLE CONSTRUCTION: On September 13, 2022, the City Council
adopted new regulations in Chapter 42 of the City Code to help ensure accountability and
compliance with existing State wage and hour laws, enhance the protection of workers'
rights, and support the City's existing Minimum Wage Ordinance by enacting the
Responsible Construction Ordinance and the Wage Theft Ordinance. Any permit or
business license submitted in accordance with these ordinance regulations to the City after
January 1, 2023 will be subject to these regulations.
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