296. HYDROMODIFICATION MANAGEMENT: Postconstruction stormwater runoff shall drain to approved permanent Hydromodification Management ( HM) controls to mitigate increases in peak runoff flow and increased runoff volume. Projects that will decrease impervious surface area in comparison to the preproject condition are not subject to the HM requirement.
Information related to this requirement, including the exemption criteria, is included in the City' s document entitled, Hydromodification Management Plan Guidelines for Development Projects/' and the Santa Clara Valley Urban Runoff Pollution Prevention Program' s manual entitled, " C. 3 Stormwater Handbook: Guidance for Implementing Stormwater Requirements for New and Redevelopment Projects."
The City' s " Hydromodification Management Plan Guidelines for Development Projects" manual requires applicants to submit a Stormwater Management Plan, including information such as the type, location, and sizing requirements of the controls that will be installed. Include the Stormwater Management Plan with the building plan submittal. Property owners of projects that include stormwater controls constructed in accordance with this condition are required to enter into a formal recorded self - inspection and maintenance agreement with the City.
297. STORMWATER MANAGEMENT PLAN — THIRD - PARTY ENGINEER' S CERTIFICATION: The Final Stormwater Management Plan must 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). 298. FULL TRASH CAPTURE: Projects located in " moderate/' " high/' or " very high" trash generating areas as outlined in the City' s Long -Term Trash Load Reduction Plan that are undergoing site improvements shall install full trash capture protection within the existing storm drain system. Examples of full trash capture systems include large trash capture devices, such as hydrodynamic separators or media filtration systems, or small trash capture devices, such as storm drain catch basin connector pipe screens. Once installed, the property owner or property manager shall be responsible for maintaining the trash capture device. Maintenance shall be completed in accordance with the manufacturer' s recommended frequency, but at a minimum of one time per year. Indicate the type of full trash capture device that will be installed to remove trash from runoff for the entire project site, and include details for the installation of the trash capture system( s) in the building plans for the project. 299. FULL TRASH CAPTURE ( OFF -SITE IMPROVEMENT): Projects located in " moderate," " high," or " very high" trash generating areas as outlined in the City' s Long -Term Trash Load Reduction Plan that will construct off -site improvements to the public storm drain system shall install full trash capture protection within the newly constructed public storm drain system. Examples of full trash capture systems include large trash capture devices, such as hydrodynamic separators or media filtration systems, or small trash capture devices, such as storm drain catch basin connector pipe screens. Once installed, the property owner or property manager shall be responsible for maintaining the trash capture device. Maintenance shall be completed in accordance with the manufacturer' s recommended frequency, but at a minimum of one time per year. Indicate the type of full trash capture device that will be installed to remove trash from runoff for the entire project site, and include details for the installation of the trash capture system( s) in the building plans for the project. 300. BUILDING DEMOLITION PCB CONTROL: 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.
301. 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.
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The current MRP was adopted for a five- year term effective July 1, 2022. Information regarding the MRP can be found online at 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. 302. 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: scvurppp. org/ wpcontent/ 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: 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 NORTH BAYSHORE MASTER PLAN
APPLICATION NO: PL- 2021- 181
This document contains administrative procedures and project requirements to implement the North Bayshore Master Plan, which supplements and expands upon City regulations and procedures, North Bayshore Precise Plan ( Precise Plan) requirements, the Review Approval Framework, and the Project Conditions of Approval. NOTE: References include: ( a) condition numbers that are referencing Project Conditions of Approval in Exhibit A in this Resolution; b) the Review and Approval Framework, which is Exhibit L in the North Bayshore Implementation Plan; and ( c) if approved by City Council, the Development Agreement ( DA) associated with this Project ( Application No. PL- 2021- 248).
1. SUBSEQUENT PERMITS: Subsequent permits are required to entitle and construct within the Master Plan Area, subject to the City' s permit review process, City Code, Review and Approval Framework, and, if the Development Agreement ( DA) is 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 under a valid building permit prior to the zoning permit expiration, the Applicant must reapply for a zoning permit. Similarly, if a DA is approved but construction has not commenced under a valid building permit prior to the zoning permit expiration during the DA term or after 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, including, but not limited to, Chapter 8 of the City Code.
C. Public Works Permits: Applications for any permits issued by the Public Works Department must be obtained to allow and prior to commencement of 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, including, but not limited to, 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 3. 5. 2. 10 of the North Bayshore D P/ 6/ C D D
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Precise Plan and as referred to in Appendix L ( Review and Approval Framework) of the North Bayshore Implementation Plan. 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 Section 36. 56. 50, the action by the ZA on a zoning permit may be appealed to the City Council. Additionally, the Applicant shall conduct a community meeting as part of each zoning permit(s) reviewed. If multiple zoning permit applications are with the City for review, the Applicant may conduct a combined community meeting ( i. e., addressing multiple zoning permits) to satisfy this requirement. 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 SB1, SB2, SB3, SBS, SB10, SB17, SB19, SB20, SB21, SB23, SB24, PE1, JN12, JN15, JS10, JS7, and JS8, as shown in the Vesting Tentative Map, and within the Portal, Greenway Park East, and Greenway Park West POPA Open Space in the Master Plan.
B. Approved Uses: Active Uses must comply with the Precise Plan Table 3, Allowed Land Use.
C. Exempt from Floor Area Ratio ( FAR): Active Use may be exempt from FAR if it complies with Procedure No. 4 ( below) and is approved with a subsequent zoning permit.
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; and 2) any FAR exemption( s).
4. FLOOR AREA EXEMPTIONS: In subsequent zoning permits, this Project may include requests for floor area exemptions for specific land uses, including:
A. Small businesses or educational, cultural, or public service uses 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. All uses must comply with the definitions in Chapter 36 ( Zoning) of the City Code or the Precise Plan.
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B. Retail and grocery stores in mixed -use development ( outside Gateway Character Area) can be exempt from gross floor area.
C. Child- care facilities within a larger - development area FAR exemption is allowed per subsequent zoning permit( s) approval of the larger development.
D. Up to a 130, 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.
E. Per Section 3. 3. 3( 2) of the Precise Plan, up to a 340,000 square foot floor area exemption for Hotel Uses is excluded from Non -Residential Bonus FAR.
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 North Bayshore 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.
B. Major Modifications: Any modification that: ( 1) exceeds the cumulative maximum floor area in accordance with Section 3. 3. 3 of the Precise Plan; ( 2) exceeds the approved Bonus FAR for the project; ( 3) changes the approved land uses in the Master Plan, other than those Active Uses permitted by the Precise Plan; ( 4) changes the general location of on -site or off -site improvements; ( 5) increases the maximum height or sizc of a building( s) proposed in the project inconsistent with the Master Plan or Precise Plan; ( 6) increases the overall square footage of the project; ( 7) subject to with the exception of the Applicant' s ability to elect to provide POPA Open Space or dedicated park land and possible modification of such property' s configuration Section 5. 1. 2. 3 of the DA, changes the location or size of land dedication offerings for parks and affordable housing; or ( 8) reduces the approved Community Benefits or Public Benefits. With approval of the DA, a major modification constitutes a Material Change as defined in the DA. For Clarity, changes to street sections that do not alter the public right of way width or materially impact individual travel modcs a compared to the Sections in the North Bayshorc Precise Plan is considered a Minor Modification.
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6. VOLUNTARY PUBLIC BENEFITS: In addition to providing Community Benefits specified in Project Condition No. 9, the Applicant is providing the following voluntary public benefits to the City and the City' s residents in consideration of the City entering into a DA with the Applicant that extends the vested rights and entitlement period of the project approvals and provides other rights and obligations. These benefits only apply with an approved DA, which further describes the benefits, their terms, and delivery:
A. First People -Centric Fund: Nonrefundable 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: ( i) housing opportunities and antidisplacement efforts; ( ii) small business support and workforce development; ( iii) safe and expanded connections for pedestrians and bicyclists and consolidated infrastructure; and ( iv) quality open space for recreation, relaxation, and entertainment. The payment shall be provided to the City within ninety ( 90) days following the first day of the Term of the DA.
B. Second People -Centric Fund: An additional cash payment equal to the sum of 1, 000,000 plus the product of $ 1, 000, 000 times the percentage increase in the Consumer Price Index ( CPI) between the Effective Date of the DA and the date on which such payment is made (" Second People - Centric Fund Payment"). The Developer shall pay the Second People -Centric Fund Payment in installments at a rate of $0. 77 per square foot ( as of the Effective Date) of North Bayshore Nonresidential Bonus FAR, payable at the time of issuance of each building permit for North Bayshore Nonresidential Bonus FAR space.
C. Public Art Fund: The Applicant shall fund, construct, and install a public artistic feature( s) in the Social Spine and/ or a POPA open space ( value $ 2, 000, 000 plus the product of $ 2, 000, 000 times the percentage increase in CPI between the Effective Date and the date on which such art feature is installed).
D. Eco Gem Dedicated Park Land Site Contribution: Cash payment to the City to contribute toward the unique improvements within the Eco Gem as determined through the City' s park design process. The cash payment would be in the amount of 5, 000, 000 plus the product of $ 5, 000, 000 ( or the remaining balance thereof) times the percentage increase in CPI between the Effective Date and the date on which such payment is made. The Developer shall provide this funding at a rate of $ 3. 83 per square foot ( as of the Effective Date) of North Bayshore Nonresidential Bonus FAR, payable at such time that the Developer has obtained building permits for North Bayshore Nonresidential Bonus FAR space.
E. Active Use AssistancoGround- Floor Activation Program: The Developer shall implement, fund, and construct, as applicable, the measures, programs, and improvements generally described in the " Active Use Assistance Ground - Floor Activation Program" as specified in Exhibit J of the DA, having a total value, as of the Effective Date, of not less than the sum of $ 10, 000, 000 plus the product of D P/ 6/ C D D
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10, 000, 000 times the percentage increase in CPI between the Effective Date and the date on which such obligation is satisfied in support of the Active Use Assistance Ground - Floor Activation Program and operators.
7. 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 maximums of the North Bayshore Precise Plan except for allowable temporary exceedances of the parking maximums detailed in the Project Condition of Approval No. 16 and the Development Agreement. 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.
8. 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 North Bayshore 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.
9. TREE REMOVALS: No tree removal permits are approved with this Master Plan; however, trees are anticipated to be removed to implement the Master Plan as outlined in Appendix F Tree Framework Plan) of the Implementation Plan. Subsequent 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 in accordance with City standards and procedures and Appendix F in the 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 trees. If the DA is approved, additional provisions in the DA may apply.
10. DESIGN REVIEW AND OBJECTIVES: In subsequent zoning permits, all building and site design is subject to the design guidelines and standards in the North Bayshore Precise Plan and City Code as well as the Master Plan Built Form Design Objectives ( Appendix D in the Implementation Plan) and Parks and Open Space Design Objectives ( Appendix E of the Implementation Plan).
11. 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 regarding office square D P/ 6/ C D D
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footage. 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). If the Developer proposes to use existing square footage for a new office building but at the time of building permit issuance has not demolished existing square footage equal to that of the new office building( s), the Applicant may provide to City an irrevocable standby letter of credit (" Letter of Credit") in the amount of the potential impact fees that would ordinarily apply to the new office building( s) and existing office building( s) that have not yet been demolished. The Letter of Credit will be returned to the Applicant when the existing office building( s) have been completely demolished and their associated existing square footage has been credited to the new office building( s). Said demolition shall occur no later than 10 weeks after issuance of the Final Certificate of Occupancy for the new office buildings( s).
Where the circumstances in the preceding paragraph apply, the Applicant shall: submit an application for: ( 1) identify in the zoning permit application for the new office building( s) whether ( and how much of) the included square footage is rebuilt office square, how much is attributable to already demolished office or yet to be demolished office, and whether the square footage ( and how much of) the square footage is net new. for the associated development phase where this circumstance may arise to ensure appropriate considerations for occupancy and construction of the phase arc reviewed; and 2) a. Prior to issuance of a Temporary Certificate of Occupancy ( TCO) for a new office building( s), 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 10 weeks from Final Certificate of Occupancy for employee relocations. Surety funds shall also be provided for any applicable impact fees based on net new square footage, such that those impact fees are only required to be paid if demolition of the existing office building does not occur within eight months of obtaining the Final Certificate of Occupancy for the new office building. 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. If the DA is approved, additional provisions in the DA may apply.
12. 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.
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13. SUBSEQUENT SITE - SPECIFIC MULTI - MODAL TRANSPORTATION ANALYSIS ( SSTA): At the time of zoning permit submittal for a proposed building or multiple buildings, the Applicant shall provide site -specific multi - modal transportation information as follows:
A. Transportation information to determine the potential impact of each proposed building or buildings, including worksheet( s) and/ or attachments, as required materials for submission of a zoning permit application; B. Site -specific TDM and Parking Management Plans as described in Project Condition Nos. 18 and 26 to 272; and
C. Site -specific project information, including loading/ flex zones, street frontage parking regulations ( including driveway red curb zones), driveway widths, driveway locations, driveway throat lengths, site parking, building size, and building use, and off -site improvements ( e. g., signal locations, crosswalk locations, etc.) were not analyzed or designed with the Master Plan Multi - Modal Transportation Analysis (" MTA"); therefore, subsequent Site - Specific Multi - Modal Transportation Analysis (" SSTA," also referred to in the project materials, approvals, and the DA as " subsequent MTA"" may be required as part of subsequent zoning permit approvals for each phase of development. The MTA shall be available for reference and used in subsequent zoning permit applications. The City may contract with a consultant to analyze the information presented, which the Applicant shall fund at contract cost plus the City administration fee.
Should the approved SSTA identify localized access improvements not previously identified in any minor or major modifications recommended by subsequent sitc specific transportation analysis bc approved that differ from what was analyzed in the MTA, the Applicant may be required to modify project plans and dedicate additional right- of-way to accommodate those changes to the satisfaction of the Public Works Director. Any additional right-of-way required shall be at no cost to the City.
13. Amphithetiatrc Parking Garagc Development: A habitat confirmation assessment for burrowing owls must bc conducted and submitted for review with any zoning permit requests for development of parking structure at AM P 1 ( Amphith - oter Parking Garage), as per Project Condition No. 81. The assessment shall cover all ar as within the construction arcs for the parking structure and Burrowing Owl Preservation Plan BOPP) boundaries. Based on the results of the habitat survey, the Applicant shall comply with Chapter 5. 1 Habitat Overlay Zonc of the Precise Plan, the BOPP and the habitat a.:re.:rment guidelines found in the CDFW Staff Report on Burrowing Owl Mitigation, 2012.
14. CITY LAND DEDICATION/ CONVEYANCE REQUIREMENT REQUIRED CONDITION: For any land to be dedicated or conveyed to the City as part of the implementation of the Master D P/ 6/ C D D
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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 Sections 5. 46 and 5. 6. 1, 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:
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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 cleanup of the subject parcel( s) if the Applicant has not been designated a 8 of 13
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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 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, groundwater 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) b( 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 Estimatc has bccn approvcd for this projcct in accordancc with Projcct Condition No. 77 and, if thc DA is approvcd, in thc 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)
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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 9 of 13
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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 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.
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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. 113 and 118.
b) For Eco Gem and Shorebird Yards, the City agrees to waive the requirement for all frontage works to be completed at the time of dedication. Instead, the Applicant shall have completed all frontage improvements for the Eco Gem and Shorebird Yards by the time the City or other third party designated by City starts construction on those parcels.
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improvements in accordance with the Precise Plan dimensions on the dedicated parcels and in accordance with the following:
i. Eco Gem: Figures 6. 2. 9 and 6. 2. 10.
ii. Shorebird Yards:
a. Condition of Approval No. 173 ( Shorebird Way —Shorebird Wilds A Cross Section, and Conditional of Approval No. 174 Shorebird Way —Shorebird Wilds B Cross Section) ( actual condition numbers may change in finalized conditions of approval).
b. Figures 6. 2. 3 and 6. 2. 15.
At the time of irrevocable offer of dedication, the Applicant shall enter into an agreement with the City providing for the Applicant' s full responsibility to design and construct the frontage improvements, in accordance with this subsection ( 2)( b) and other applicable approvals (" frontage improvements agreement"). Applicant shall provide an irrevocable standby letter of credit (" letter of credit") prior to the City' s acceptance of the offer of dedication, upon notice from City of the date it intends to accept dedication; the Applicant' s obligation to provide the letter of credit as described herein shall be included in the frontage improvements agreement. The letter of credit shall be provided to the City in the amount of 100% of the City' s determined estimated cost to design and construct the improvements. The letter of credit shall be increased annually based on Engineering News -Record, San Francisco Construction Cost Index ( 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 frontage improvements are installed by the Applicant and accepted by the City. If the Applicant fails to enter into the frontage improvements agreement or provide the letter of credit, the City may withhold issuance of Subsequent Approvals for any other building( s) Project -wide for the same type of use ( i. e., residential or commercial use) as the building( s) that triggered the requirement to dedicate the parcel( s). j 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. 75 and 118.
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3)
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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 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.
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;
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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 judgments or claims for damages, penalties, or otherwise against the City, as provided in 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 the City' s 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 the City mutually and jointly instruct.
15. 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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