Attachment 1
CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
CONDITIONALLY APPROVING A PLANNED COMMUNITY PERMIT AND
DEVELOPMENT REVIEW PERMIT TO REDEVELOP THE PROJECT SITE BY
REMOVING TWO EXISTING OFFICE BUILDINGS
AND SURFACE PARKING AND CONSTRUCTING A MIXED-USE DEVELOPMENT COMPRISED OF 836 RESIDENTIAL RENTAL UNITS IN THREE NEW BUILDINGS,
INCLUDING ONE 7-STORY AND TWO 8-STORY BUILDINGS
WITH 2,344 SQUARE FEET OF GROUND-FLOOR NEIGHBORHOOD COMMERCIAL SPACE AND A BELOW-MARKET-RATE ALTERNATIVE MITIGATION PROPOSAL; A SIX-STORY, 275,200 SQUARE FOOT OFFICE BUILDING; AN 8.5-LEVEL PARKING STRUCTURE; A 0.52-ACRE PRIVATELY OWNED, PUBLICLY ACCESSIBLE PARK; AND A HERITAGE TREE REMOVAL PERMIT TO REMOVE 40 HERITAGE TREES, ALL ON A 10.58-ACRE PROJECT SITE AT 675-685 EAST MIDDLEFIELD ROAD (APN 160-60-013);
AND ADOPTING AN INITIAL STUDY OF ENVIRONMENTAL SIGNIFICANCE COMPLIANCE CHECKLIST FOR THE 675-685 EAST MIDDLEFIELD ROAD MIXED-USE PROJECT PURSUANT TO SECTIONS 15162 AND 15183 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
WHEREAS, an application (Application No. PL-6535) was received from Michael Ducote of Prometheus Real Estate Group (P REG) Middlefield LP, for a Planned Community Permit and Development Review Permit to redevelop the project site by removing two existing office buildings and surface parking and constructing a mixed -use development comprised of 836 residential rental units in three buildings, including one 7-story and two 8-story buildings with 2,344 square feet of ground-floor neighborhood commercial space and a below-market-rate (BMR) alternative mitigation proposal; a six -story, 275,200 square -foot office building; an
8.5-level parking structure; a 0.52-acre privately owned, publicly accessible park; and a Heritage Tree Removal Permit to remove 40 Heritage tree(s) on a 10.58-acre site located at 675-685 East Middlefield Road; and
WHEREAS, the applicant submitted a Senate Bill 330 (SB 330) Preliminary Application on August 16, 2022, which was deemed complete, with the SB 330 vesting provisions effectuating on that date. The formal application was submitted on December 14, 2022 and deemed complete on April 24, 2024; and
WHEREAS, this project includes a new residential subdivision and is , therefore, subject to the City’s Park Land Dedication Ordinance (Chapter 41 of the Mountain View Code (City Code)), which requires dedication of park land in the amount of three acres per 1,000 residents or payment of an in-lieu fee; and
WHEREAS, a park land dedication or payment of a park land dedication in-lieu fee is critical to provide needed park facilities for the occupants of this project because it is located in the Whisman Planning Area identified in the 2014 Parks and Open Space Plan, which is an area having a deficiency of 7.44 acres of park land for existing residents of the area based on the General Plan standard of three acres of park land per 1,000 residents. The Whisman Planning Area is currently developed with 18.44 acres of park land where 25.88 acres of park land is required to serve the current population. Therefore, there currently are not adequate park land facilities available for occupants of this project, and additional park facilities are necessary; and
WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on November 20, 2024 on said application and recommended the City Council conditionally approve the Planned Community Permit, Development Review Permit, and Heritage Tree Removal Permit, subject to the findings and conditions of approval attached hereto , and to adopt the Initial Study of Environmental Significance compliance checklist; and
WHEREAS, the City Council held a duly noticed public hearing on said application on December 17, 2024 and received and considered all evidence presented at said hearing, including the recommendation from the Environmental Planning Commission, the City Council report, and project materials; now, therefore, be it
RESOLVED: that the City Council of the City of Mountain View has considered the Initial Study of Environmental Significance compliance checklist for the 675-685 East Middlefield Road mixed-use project pursuant to CEQA Guidelines Sections 15162 and 15183 (attached as Attachment 11 to the City Council report and incorporated herein by reference as though fully set forth herein) prior to making a decision on the project, and hereby adopts the Initial Study of Environmental Significance and finds that, based on substantial evidence in the record, the potential environmental impacts of the project have been evaluated and disclosed pursuant to CEQA; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the project:
1. Planned Community Permit to redevelop the project site by removing two existing office buildings and surface parking and constructing a mixed -use development comprised of 836 residential rental units in three buildings, including one 7-story and two 8-story buildings with 2,344 square feet of ground -floor neighborhood commercial space and a BMR alternative mitigation proposal; a six -story, 275,200 square -foot office building; an 8.5 -level parking structure; a 0.52-acre privately owned, publicly accessible park per Section 36.50.55 (Findings) of the City Code:
a. The proposed use or development is consistent with the provisions of applicable precise plan; or, if no precise plan exists for the subject area, 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. The proposed use and development are consistent with applicable provisions of the East Whisman Precise Plan (EWPP) because the project proposal includes allowed residential, neighborhood commercial , and office/R&D uses; satisfies all criteria under the EWPP Bonus FAR Program, allowing the project to build additional intensity above the maximum Base FAR allowed in the EWPP and including provision of community benefits per adopted EWPP community benefit value , commitments to minimum green building standards identified in the EWPP , provision of a minimum of 15% BMR units or a voluntary alternative mitigation plan exceeding the 15% BMR Program requirement , and a compliant jobs-housing linkage plan exceeding the minimum 335 residential units required to build the proposed net new office area; is in substantial compliance with the applicable development standards of the EWPP excluding specific design exceptions for street wall locations, residential ground -level plate height, setbacks (building-to- building clearance ), parcel size (Lot 3) , parcel dimensions (Lot A) , commercial loading spaces (office loading stalls) and main entry location (office lobby) which have been considered and will be granted (as more specifically described and anal yzed in the City Council report and Attachment 6 thereto, incorporated herein by reference as though fully set forth herein) because they demonstrate superior site and building design and consistency with the general intent and purpose of the applicable EWPP provisions in accordance with Section 6.2.3 (Development Standard Exceptions) of the EWPP. Additionally, the project meets EWPP goals and objectives as the high-intensity project is a transit-oriented development located within less than one-half mile of major transit (Middlefield Light Rail station) , provid es housing options for all incomes, including 150 affordable units and provides high-quality, publicly accessible open spaces. The project is compatible with the existing uses and general surrounding area as the mixed-use office and residential development is consistent with the office uses to the west, north, and northeast of the project site and the multi-family residential use to the southwest. The publicly accessible service street that intersects the site promotes multi -modal travel through the site, resulting in improved connectivity to the surrounding region, light rail station, services, housing, and employers.
b. The proposed use or development is consistent with the General Plan . The proposed mixed-use development is consistent with the East Whisman Mixed -Use Land Use Designation of the General Plan , as all of the proposed residential, office /R&D, and neighborhood-serving commercial retail uses are accommodated under this General Plan land use designation and the project’s combined 2.711 FAR is compliant with the EWPP’s Bonus FAR Program which establishes specific criteria, as authorized by the General Plan, to allow up to a
3.50 FAR maximum for mixed-use Bonus FAR projects, in exceedance of maximum General Plan intensity. Additionally, the proposed six-story office building and seven- to eight-story residential buildings conform to the maximum height limits specified in the General Plan, allowing a maximum of six stories for office buildings and eight stories for residential structures , located east of North Whisman Road inclusive of this project site. As set forth in more detail in the Staff Report, the project is consistent with and promotes General Plan Policies LUD 3.2 (Mix of land uses), LUD 8.3 (Enhanced, publicly accessible bicycle and pedestrian connections), LUD 10.1
(Sustainable design and materials), LUD 19.2 (East Whisman—Highly sustainable development), LUD 19.1 ( East Whisman —Land use and transportation), and LUD 19.3 (East Whisman — Connectivity improvements).
c. The proposed uses and development will not be detrimental to the public interest, health, safety, convenience, or welfare. The proposed uses and development will not be detrimental to the public interest, health, safety, convenience, or welfare because the proposed project is an infill project served by available public infrastructure and has been reviewed and will comply with all applicable Fire and Building Code requirements. The site is within an urban area that is less than one -half mile of public transit. A transportation demand management (TDM) program is proposed and includes measures to achieve vehicle trip reductions for the project , and the project includes planned improvements supporting multi - modal circulation through and around the project site . Additionally, although there is no minimum parking required for the project, the project proposes an 8.5-level stand-alone parking garage to support the office use and structured parking facilities integrated with each of the residential buildings.
d. The proposed project promotes a well -designed development that is harmonious with existing and planned development in the surrounding area . The proposed project promotes a well -designed development that is harmonious with existing and planned development in the surrounding area because the proposed development substantially implements standards for allowed development on the property. Additionally, the contemporary architectural style, material palettes, and design features utilized for the office building, office parking garage , and residential buildings are commonly used and compatible with the surrounding contemporary commercial office development in the surrounding EWPP area and multi-family uses adjacent or near to the project site. The location and configuration (including screening landscaping) of structures and underground parking helps to reduce the number of vehicles viewable from street view , implements planned connections identified in the EWPP multi-modal circulation plan s, and is consistent with objectives for enhanced pedestrian and bicycle mobility by providing clear pedestrian and bicycle pathways between and around the proposed buildings. The proposed public (off-site) improvements, per the EWPP and project MTA, and publicly accessible on -site improvements enhance and provide more fine -grain pedestrian and bicycle connectivity than currently existing on and around the project site . The general landscape design will increase the canopy coverage on -site over time, places trees and landscaping around pedestrian pathways and gathering spaces for shade and enjoyment, and provides an appropriate landscape program with a mix of plant materials and planting environments that are predominantly low-water-using and suitable for the local climate.
e. The proposed project complies with the California Environmental Quality Act (CEQA). The approval of the Planned Community Permit complies with the California Environmental Quality Act (CEQA) since an Initial Study of Environmental Significance was prepared per Sections 15162 and 15183 of the CEQA Guidelines and found, with implementation of the EWPP standards and guidelines; standard Conditions of Approval; City, State, and Federal regulations; and mitigation measures identified in the EWPP Final Environmental Impact Report
(FEIR) and the Mountain View 2030 General Plan and Greenhouse Gas Reduction EIR, the project would not result in any new or greater environmental impacts beyond those evaluated in the EIRs.
2. Development Review Permit to redevelop the project site by removing two existing office buildings and surface parking and constructing a mixed -use development comprised of 836 residential rental units in three buildings, including one 7-story and two 8-story buildings with 2,344 square feet of ground -floor neighborhood commercial space and a BMR alternative mitigation proposal; a six -story, 275,200 square foot office building; an 8.5 -level parking structure; a 0.52 -acre privately owned , publicly accessible (POPA) park per Section 36.44.70 of the City Code:
a. The project complies with the general design considerations as described by the purpose and intent of Chapter 36 (Zoning) of the City Code, the General Plan, and any City- adopted design guidelines . The project complies with the general design considerations as described by the purpose and intent of Chapter 36 (Zoning) of the City Code, the General Plan , and any City-adopted design guidelines because a Precise Plan (EWPP) has been adopted for the project area, with standards that are designed to promote a well -integrated mixed-use development supporting a diverse mix of households, businesses, and public spaces. The project incorporates required publicly-accessible streets/connections through the site , which serves on-site users and public connectivity as part of a finer grain network of vehicle and nonvehicle (e.g., bike and pedestrian) connections through the site, as envisioned in the Precise Plan. The project’s buildings will be built to comply with the maximum building heights and intensities permitted per the General Plan and the EWPP Mixed-Use Character Area Standards , including allowed exceptions thereto.
b. The architectural design of structures, including colors, materials, and design elements (i.e., awnings, exterior lighting, screening of equipment, signs, etc.) , is compatible with surrounding development. The project was designed to integrate with the surrounding existing uses and relate cohesively to the proposed on -site layout and uses of the mixed -use development. The street-facing elevations of the residential building are stepped back at the top floors to lessen the streetscape profile and visual bulk, utilizing varying recesses and projections along the fa cade such as bay windows and decks to aid in reducing massing to better relate to the pedestrian environment . The MRS building and stand -alone parking garage are s et back generously from the multi -family development to the southwest of the property. The office building provides covered and open terraces at the third and fifth floors at the Key Corner, which provides not only a distinguishing design element, but breaks up the building massing and relates to the POPA open space and “fragrance garden” feature at the ground -floor. The stand-alone garage provides mesh paneling and hanging vines that provide a dynamic, four-sided design. The project utilizes high-quality finish materials and treatments, including wood cladding, laminated wood-like metal paneling, Trespa paneling, metal and glass awnings, brick veneers of varied colors and textures, Kaynemaile architectural mesh panels, and smooth and board form concrete.
c. The location and configuration of structures, parking, landscaping, and access are appropriately integrated and compatible with surrounding development, including public streets and sidewalks and other public property. The finding is met because the project includes not only a multi-modal service street that intersects the site, as required by the EWPP, but also provides a publicly accessible linear park, creating a smaller-block connection for pedestrians and bicyclists, which also serves as a point -of-interest for gathering and social activity . Similarly, a smaller landscaped connection running roughly north -south, intersects the linear park and is aligned with a breezeway connection at the ground floor of the market -rate north building , leading to the POPA park. The project also provides off-site improvements by reconstructing and widening and improving the sidewalks along East Middlefield Road and Ferguson Drive, providing direct access to/from the project buildings located near public sidewalk, and making intersection improvements to improve pedestrian connectivity and access to public transit resources located across project intersections with East Middlefield Road. Additionally, Assembly Bill 2097 limits the extent to which the City may require project parking; however, parking facilities are voluntarily proposed along with required loading and service vehicle facilities, with access from on-site streets, limiting impacts to public parking resources in the area.
d. The general landscape design ensures visual relief, complements structures, provides an attractive environment, and is consistent with any adopted landscape program for the general area. The general landscape design ensures visual relief, compl ements structures, provides an attractive environment , and is consistent with any adopted landscape program for the general area because the project proposes a comprehensive landscape plan with 346 new tree plantings on-site (including 22 street trees) , which will result in tree canopy exceeding existing conditions at full maturity, and more than 17,750 under -story plantings across the site.
The new tree plantings will nearly double the existing tree canopy at full maturity, and landscape areas with trees and under-story planning surround each proposed building. The landscape and hardscape program integrate with the planned open spaces and feature amenities like seating .
Seven Heritage trees are proposed for preservation , which will visually aid with the integration of the project with the surrounding constructed developments, and the planned landscaping complies with the City’s Water Conservation in Landscaping Regulations, prioritizing low -water- using and California native plants in the proposed plant palette. In addition, landscape plantings surround the offic e parking structure will reduce pedestrian -level views of vehicles inside the parking area.
e. The design and layout of the proposed project will result in well -designed vehicular and pedestrian access, circulation, and parking. The design and layout of the proposed project will result in well -designed vehicle and pedestrian access, circulation , and parking because the design of the project’s parking and vehicle circulation (including loading and service vehicle access) is distinct and accommodated entirely on-site, limiting conflicts with multi-modal operations along adjacent public roadways. The project provides a clear hierarchy of circulation improvements creating a walkable environment along internal pedestrian and bicycle paths— exceeding those required by the EWPP —and separated from primary vehicle circulation corridors, both of which provide for a well -designed network of internal connectivity while integrating with enhanced public street improvements per the EWPP and MTA analysis . Truck-
loading and service vehicle stalls are primarily located along the service street or in a loading bay accessed by a separate service driveway, which will help to reduce potential conflicts or queuing across pedestrian paths on-site and off-site as well as adjacent VTA light rail service.
f. The approval of the development review permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA) . The approval of the Development Review Permit complies with the CEQA since an Initial Study of Environmental Significance was prepared per Sections 15162 and 15183 of the CEQA Guidelines and found, with implementation of the EWPP standards and guidelines; standard Conditions of Approval; City, State, and Federal regulation s; and mitigation measures identified in the EWPP Final Environmental Impact Report (FEIR) and the Mountain View 2030 General Plan and Greenhouse Gas Reduction EIR, the project would not result in any new or greater environmental impacts beyond those evaluated in the EIRs.
3. Heritage Tree Removal Permit to remove 40 Heritage trees (Tree Nos. 1201-1206, 1226-1229, 1231 -1235, 1258 -1259, 1274, 1302 -1303, 1345 -1356, 1358 -1359, 1428 -1431, and 1433-1434) per Section 32.35 of the City Code:
a. It is necessary to remove the trees due to the condition of the trees with respect to age of the trees relative to the life span of that particular species, disease, infestation, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures, and interference with utility services . The mixed-use project proposes a comprehensive redevelopment of the existing site, which necessitates the removal of the noted Heritage trees. The majority of the trees conflict with the proposed building footprints, planned service street, and other hardscape or amenity programming that are integral to the overall site design.
b. It i s necessary to remove the trees in order to construct the improvements and/or allow reasonable and conforming use of the property when compared to other similarly situated properties. It is necessary to remove the trees in order to construct the improvements and/or allow reasonable and conforming use of the property when compared to other similarly situated properties because the majority of the proposed trees to be removed are in conflict with the proposed building footprints, planned service street and other on -site connections , and adjacent public street improvements. Additionally, proposed tree removals that are not in direct conflict with planned improvements have been closely examined by professional arborists and determined to be at high risk of failure or significant damage as a result of planned and/or required improvements. It would be infeasible to design the buildings, open spaces, amenity features, and circulation improvements at the intensities and improvement standards in the EWPP while avoiding conflicts with necessary tree protection zones.
c. It is appropriate to the remove the trees to implement good forestry practices, such as, but not limited to, the number of healthy trees a given parcel of land will support, the planned removal of any tree nearing the end of its life cycle, and replacement with young trees to enhance the overall health of the urban forest . It is appropriate to the remove the trees to
implement good forestry practices, such as, but not limited to, the number of healthy trees a given parcel of land will support, the planned removal of any tree nearing the end of its life cycle, and replacement with young trees to enhance the overall health of the urban forest because the comprehensive redevelopment of the site , including the extent of the proposed hardscape and landscape programs requires removal of existing trees. Additionally, the viability of trees located near the proposed building f ootprints and grading activity have a high likelihood of near- term/medium-term health decline or failure due to root disturbances from construction activity.
The project will replace the 40 Heritage removed trees with at minimum 24 ” box-size trees to offset the loss of Heritage trees at a 3.8:1 ratio (or 152 trees) , which exceeds the typical 2:1 Heritage tree replacement ratio.
d. The proposed project complies with the California Environmental Quality Act (CEQA). The approval of the Heritage Tree Removal Permit complies with the CEQA because an Initial Study of Environmental Significance was prepared per Sections 15162 and 15183 of the CEQA Guidelines and found, with implementation of the EWPP standards and guidelines; standard Conditions of Approval; City, state, and federal regulations; and mitigation measures identified in the EWPP Final Environmental Impact Report (FEIR) and the Mountain View 2030 General Plan and Greenhouse Gas Reduction EIR, the project would not result in any new or greater environmental impacts beyond those evaluated in the EIRs; and be it
FURTHER RESOLVED: that the City Council hereby approves the Planned Community Permit, Development Review Permit and Heritage Tree Removal Permit for the project at 675-685 East Middlefield Road (Application No. PL -6535), based on the findings above and subject to the Applicant’s fulfillment of all the conditions of approval, which are attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein.
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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Exhibit: A. Conditions of Approval
Exhibit A
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CONDITIONS OF APPROVAL
APPLICATION NO.: PL-6535
675-685 East Middlefield Road
The applicant is hereby notified, as part of this application, that the applicant is required to meet the 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 and are noted herein.
This approval is granted to the 675 -685 East Middlefield Road Mixed -Use development project located on Assessor ’s Parcel No. 160-60-013. 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 :
a. Project plans prepared by SERA Architects, Inc., date stamped October 11, 2024.
b. Color and materials board prepared by SERA Architects, Inc. and STUDIOS dated September 5, 2023 and November 1, 2024.
c. Arborist Report prepared by SavATree Consulting Group, date stamped October 11, 2024.
d. Parking Management Plan prepared by Watry Design Inc., dated November 1, 2024.
e. Transportation Demand Management Plan prepared by W-Trans, dated October 31, 2024
f. Alternative Mitigation Narrative prepared by Prometheus Real Estate Group, date d October 11, 2024.
g. Jobs-Housing Linkage Plan prepared by Prometheus Real Estate Group, dated November 5, 2024
h. An Initial Study of Environmental Significance entitled 675 -685 East Middlefield Road Mixed -Use Project, dated November 1, 2024, was prepared by the City for the project in accordance with Sections 15162, 15168, and 15183 of the California Environmental Quality Act (CEQA) Guidelines.
THIS REQUEST IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
Planning Division—650-903-6306 or [email protected]
1. EXPIRATION: This permit is valid for a period of two years from the date of approval. This permit shall become null and void if building permits have not been issued and construction activity has not commenced within the two -year period or if there has been no significant construction activity for a period of one year following the last building inspection for an issued building permit, unless a permit extension application has been submitted to and approved by the Zoning Administrator at a duly noticed public hearing prior to the expiration date or continuation of construction.
2. PERMIT EXTENSION: Zoning permits may be extended for up to two years after an Administrative Zoning public hearing, in compliance with procedures described in Chapter 36 of the City Code. An application for extension must be filed with the Planning Division, including appropriate fees, prior to the original expiration date of the permit(s).
3. PLANNING INSPECTION: Inspection(s) by the Planning Division are required for foundation, framing, application of exterior materials, and final completion of each structure to ensure that the construction matches the approved plans.
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PERMIT SUBMITTAL REQUIREMENTS
4. JOBS-HOUSING LINKAGE DEVELOPMENT RESERVE ALLOCATION (NET NEW OFFICE AREA): Pursuant to the East Whisman Precise Plan and the East Whisman Precise Plan Jobs -Housing Linkage Guidelines, for every three residential units built, the applicant may allocate 1,000 square feet of Development Reserve Floor Area to Bonus FAR office proje ct(s) in East Whisman.
To allocate the Development Reserve floor area, the applicant (or successor) shall provide a notarized letter with the office project’s development application within five years of this project’s start of construction, after which t he right of allocation shall expire. If the residential project is not yet under construction, the letter must be associated with a legal instrumen t that assures the existing nonresidential uses will be removed and the site constructed with residential units within a defined period of time.
5. FLOOR AREA EXEMPTION: This project includes floor area dedicated for use by a neighborhood commercial use as defined in Section 3.7.3 of the East Whisman Precise Plan (EWPP) and in accordance with the criteria in the EWPP. Per the Precise Plan, the area dedicated within a ne w development project for the use listed above is exempt from the permitted gross floor area ratio of the project (or site), not to exceed 5% of the project’s gross floor area. An appropriate legal agreement 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 building permits.
6. AIR QUALITY: The applicant is required to secure a permit from the Bay Area Air Quality Management District or provide written assurance that no permit is required prior to issuance of a building permit.
7. OTHER REVIEW AGENCIES: This project requires review and approval by outside agencies, including, but not limited to, Santa Clara County Department of Environmental Health (SCCDEH), State Department of Health Services, and Regional Water Quality Control Board. 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.
8. REMEDIATION: The applicant shall work with City staff, the necessary 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. Prior to th e issuance of any building or fire 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. A Certificate of Occupancy cannot be issued until final inspections have been completed by the City and the oversight agency, if required.
9. CERTIFICATION OF BUILDING PERMIT PLANS: In a letter, the project architect shall certify the architectural design shown in the building permit plans match the approved plans. Any changes or modifications must be clearly noted in writing and shown on redlined plan sheets. The project architect shall also certify the structural plans are consistent with the architectural plans.
In the event of a discrepancy between the structural plans and the architectural plans, the architectural plans shall take precedence, and revised structural drawings shall be submitted to the Building Division.
10. ACCESSORY STRUCTURE(S): Any future accessory structure on -site will require approval by the Planning Division and may require separate City permits.
11. ZONING INFORMATION: The following information must be listed on the title sheet of the building permit drawings: (a) zoning permit application number; (b) zoning district designation; (c) total floor area ratio and residential density in units per a cre, if applicable; (d) lot area (in square feet and acreage); and (e) total number of parking spaces.
12. REVISIONS TO THE APPROVED PROJECT: Minor revisions to the approved plans shall require approval by the Zoning Administrator. Major modifications as determined by the Zoning Administrator shall require a duly noticed public hearing, which can be referred to the City Council.
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13. FLOOR AREA RATIO (FAR) DIAGRAM: Building permit drawings must include a floor area ratio (FAR) diagram for each structure on-site, clearly identifying each level of the structure(s) and the gross area(s) which count toward floor area per required zoning calculations. The diagram must also clearly identify all areas which are exempt from FAR.
14. PAINT COLOR -CODING: At submittal of building plan check, provide color -coded elevations of each side of the building(s) detailing the location of all paint and stain colors, manufacturer, and color names.
15. GEOTECHNICAL REPORT: 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. 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.
16. TOXIC ASSESSMENT: A toxic assessment report shall be prepared and submitted as part of the building permit submittal. The applicant must demonstrate that hazardous materials do not exist on the site or that construction activities and the proposed use of this site are approved by: the City’ 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.
17. SOIL MANAGEMENT PLAN: Prepare an updated soil and groundwater management plan for review and approval by the Santa Clara County Department of Environmental Health (SCCDEH). Proof of approval or actions for site work required by the SCCDEH must be provided to the Building Division prior to issuance of any demolition or building permits.
18. VAPOR BARRIER: A vapor barrier shall be installed beneath all structures to mitigate any issues associated with the potential for vapor intrusion within the structure. The vapor barrier design shall be equivalent to those required for sites with know n concerns in Moun tain View that are also exposed to groundwater. Specifications for the vapor barrier included in the Site Management Plan shall include thickness, type, durability, and diffusion rates for VOCs of concern. The specifications shall also describe the effectiveness of the liner over the life of the building.
19. BIRD-STRIKE MANAGEMENT PLAN: A bird-strike management plan, which provides project design features to reduce bird strikes, and a bird -strike monitoring plan postconstruction shall be submitted as part of the building permit submittal with recommended provisions included in the building permit plans.
20. SIGNAGE: No signs are approved as part of this application. Any new signage will require separate planning and/or building permits. Application form and submittal requirements are available online at www.mountainview.gov/planningforms.
21. EXISTING SIGNAGE: All existing signs shall be removed, and a new sign application shall be submitted in compliance with Chapter 36, Article XII, of the City Code.
22. MASTER SIGN PROGRAM: The applicant shall develop a master sign program for this property as part of a separate planning permit. The program shall identify suitable sign locations, types, sizes, colors, and materials in written and visual forms for all buildings/tenant spaces on-site with a common theme for signage that is compatible with the structures and uses. Application form and submittal requirements are available online at www.mountainview.gov/planningforms.
23. PRIVATELY OWNED, PUBLICLY ACCESSIBLE OPEN SPACE SIGNAGE: The applicant shall provide on -site signage(s) along each street frontage allowing access to the privately owned, publicly accessible open space. The sign(s) shall be approved by the
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Community Services Director consistent with zoning regulations and subject to separate planning and building permits.
Application form and submittal requirements for a planning permit are online at www.mountainview.gov/planningforms.
OPERATIONS
24. PRIVATELY OWNED, PUBLICLY ACCESSIBLE OPEN SPACE OPERATIONS: The 0.52 -acre privately owned, publicly accessible (POPA) open space and all elements must remain publicly accessible at a minimum during the operating hours of City parks, which are seven days per week from 6:00 a.m. to 30 minutes after sundown. No permanent commercial use shall be allowed within the POPA open space site. The use and operation of the POPA shall abide by all requirements specified in City Code Section 41.11.
25. OPERATIONAL CRITERIA: In the event that problems with the operational criteria of the site arise, including , but not limited to, delivery/loading truck issues, noise, etc., the Zoning Administrator may hold a public hearing to review the situation and impose new or modified conditions of approval in response to the information received. The public hearing shall be conducted and noticed in accordance with City Code Section 36.56.70.
26. COMMON AREA OPERATIONS: The approved hours of operation for the common area shall be limited to 9:00 a.m. to 9:00 p.m., seven days per week, which includes amplified sound. In the event any problems arise with the hours of operation or noise, the Zoning Administrator may hold a public hearing to review common -area operations and impose new or modified conditions of a pproval in response to public comment received. The public hearing shall be conducted and noticed in accordance with Chapter 36, Article XVI, Division 6 of the City Code.
27. ROOF DECK OPERATION: The approved hours of operation for the rooftop common area shall be limited to 9:00 a.m. to 9:00 p.m., and shall not allow amplified music. In the event any problems arise with the hours of operation or noise, the Zoning Administrator may hold a public hearing to review common -area operations and impose new or modified conditions of approval in respo nse to public comment received. The public hearing shall be conducted and noticed in accordance with Chapter 36, Article XVI, Division 6, of the City Code.
28. PARKING MANAGEMENT PLAN: Prior to building permit issuance, the applicant shall develop a parking management plan describing parking allocation for residents, guests, and/or commercial uses on the project site, subject to administrative approval by the Zoning Administrator prior to building permit issuance.
29. LOADING/DELIVERY PLAN: Prior to building permit issuance, the applicant shall develop a plan specifying measures to manage on-site deliveries and loading, which may include measures to tailor delivery hours and/or days to limit conflicts with peak traffic times or adjacent land uses.
WIRELESS COMMUNICATIONS
30. RELOCATION OF ANTENNA/TELECOMMUNICATION EQUIPMENT: The applicant is required to coordinate with all telecommunication providers with equipment installed on the building(s) proposed for demolition or is standalone on -site to relocate to a new facility(ies) on the rooftop of the new building(s), behind a roof screen. Any alternative design to the rooftop location will require review and approval by the Zoning Administrator at a duly noticed public hearing conducted in accordance with Chapter 36, Article XVI, Division 6, of the City Code. A building permit is required for the installation of any new facility, including the relocation of an existing facility.
31. FUTURE RELOCATION OF TELECOMMUNICATION FACILITIES: Should the property and/or building(s) undergo redevelopment, expansion, or major modifications in the future, the Zoning Administrator reserves the right to require relocation or removal of any or all telecommunication equipment, including permanent or temporary monopole, enclosures, generators, or accessory equipment affiliated with the operations of the wireless facility. Any relocation of the facility(ies) are subject to permit s from the Planning and Building Divisions.
32. EQUIPMENT REMOVAL: The operator of a telecommunications facility shall be required to remove all unused or abandoned equipment, antennas, poles, towers, and equipment enclosures if the facility has not been operational for the purposes for
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which it was approved by the City for a consecutive period of six (6) months. A facility is considered abandoned if it no lo nger provides communication or data services. The removal shall be in compliance with proper health and safety requirements and shall occur no later than thirty (30) days following the end of the applicable cessation period. It is the responsibility of t he tower owner to remove the tower, equipment enclosures, and equipment ancillary to the tower in order to restore the site to its original condition.
SITE DEVELOPMENT AND BUILDING DESIGN
33. BUILDING DESIGN/PLAN MODIFICATIONS: The following modifications shall be made to the architectural design, landscaping, and/or other site or building design details prior to issuance of a building permit and shown on building permit drawings, subject to review and approval by the Zoning Administrator:
a. Refine the landscape and facade program along the south elevation of the MRN building, where the trash and electrical rooms face the linear park, to simplify the building design and maximize landscape screening .
b. Soften the appearance of EVA/utility-only vehicle paths from Ferguson Drive/East Middlefield Road, consistent with any applicable requirements by PG&E and/or the Mountain View Fire Department.
c. Refine the plans and final design showing the position and pattern (per the proposed “folding” concept) for the Kaynemaile hanging screen panels featured on the stand-alone office parking garage to ensure the final design provides visual interest and adequate screening of the structure.
34. PUBLICLY ACCESSIBLE OPEN SPACE/FACILITIES: This project includes a 0.52-acre privately owned open space, improvements, and/or other facilities which shall be publicly accessible and include : a demonstration garden/public art display, trellis gathering area, bike racks, natural habitat space, bocce court, interactive art play area, lawn, picnic and seating areas, an d associated surrounding pedestrian walkway and hardscaped areas. The applicant shall have the right to establish and enforce reasonable rules and regulations for the use of the open s pace but shall not restrict access with fencing or other design/operational barriers.
35. EXTERIOR MATERIALS: High-quality materials and finishes shall be used throughout the project and shall remain in compliance with the materials identified in the approved plans, except as modified by the conditions of approval herein. Details regarding all color and archite ctural details shall be provided in the building permit plan submittal and shall be subject to review and approval by the Zoning Administrator prior to the issuance of building permits.
36. TRIM MATERIALS : Trim materials throughout the project shall be wood or high -density foam trim. Details of the specific placement, utilization, and finish of the trim materials shall be provided with the building permit drawings. Final trim des ign details shall be subject to review and approval by the Zoning Administrator prior to the issuance of building permits.
37. SPECIAL PAVING MATERIALS: The color, material, design, and product specifications for the special paving materials used on- site shall be submitted with the building permit drawings. Final paving design details shall be subject to review and approv al by the Zoning Administrator prior to the issuance of building permits.
38. WINDOWS: Manufacturer type, design, material, and installation details for all windows within the project shall be specified for each unit in the building permit drawings for review and approval by the Zoning Administrator prior to the issuance of building permits.
39. BIRD-SAFE DESIGN: To reduce bird strikes, building permit plans must include the following project design features:
a. No more than ten percent (10%) of the surface area of a building’s total exterior facade shall have untreated glazing between the ground and sixty feet (60’) above the ground.
b. Bird-friendly glazing treatments, including use of opaque glass, covering of clear glass with patterns, use of paned glass with fenestration patterns, and the use of external screens over nonreflective glass.
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c. Nonresidential development shall install occupancy sensors or other switch -control devices on nonemergency lights.
These lights should be programmed to shut off during nonwork hours between 10:00 p.m. and sunrise.
d. New construction shall avoid the funneling of flight paths along buildings or trees toward a building facade.
40. GROUND-FLOOR TRANSPARENCY: Storefronts and windows must maintain a minimum 75% transparency along the ground floor of the building(s) at all times. No window tinting/treatment, permanent/affixed furniture, or sunshades which permanently block the windows/storefronts are permitted. Sunshades which maximize transparency while providing UV light screening for building occupants may be permitted, subject to review and approval by the Zoning Administrator.
41. MOCK-UP: The applicant shall set up a large material and color mock-up on-site, prior to building permit issuance and purchase of the finish materials, for final selection and approval by the Zoning Administrator. At a minimum, the mock -up shall include windows, trim materials, stucco finishes, wood/composite panels, railing, laminated wood cladding, and paint samples.
Proposed primary and secondary (accent) paint colors should be painted next to each other on the mock -up for purposes of inspection. The color(s) shall not be considered approved until after inspection and approval by the Zoning Administrator.
42. ROOFTOP EQUIPMENT SCREEN: All rooftop equipment must be concealed behind opaque (solid) screening designed to complement the building design such that rooftop equipment is not visible from any elevation. Details of the rooftop equipment and roof screens shall be included in the building permit drawings and approved by the Zoning Administrator.
43. MECHANICAL EQUIPMENT (GROUND SCREENING): All mechanical equipment, such as air condenser (AC) units or generators, shall be concealed behind opaque screening. No mechanical equipment is permitted on front porches or balconies but may be located in the fenced yard area or building rooftops.
44. OUTDOOR STORAGE: There is to be no outdoor storage without specific Development Review approval by the Planning Division.
45. GROUND-FLOOR COMMERCIAL AREA : This project is required to provide 2,344 square feet of ground -floor neighborhood - serving commercial space, including restaurant, retail, fitness, personal service, or other local -serving uses. Any future use is subject to the permitted and provisionally permitted uses for Required Neighborhood Commercial Uses per the East Whisman Precise Plan Allowed Land Use Table. The applicant shall record an appropriate legal agreement shall be recorded on the property to identify the approved gross floor area exemption and use of the space for qualified businesses or uses.
46. FENCE(S)/WALL(S): Fences and walls shall not be built where the Public Circulation Map shows new public streets or publicly accessible connections along property lines, except existing fences and walls may be reconstructed (up to 7’) to maintain screening and security on sites built prior to adoption of this Precise Plan. Small decorative fences and landscaping (up to 4’) may be allowed if access to the street or connection is provided at frequent points. Fencing for residential private open spaces is allowed (up to 6’). The design and location must be approved by the Zoning Administrator and comply with all setback and traffic visibility area requirements.
47. PUBLIC ART: Prior to issuance of building permits, submit an art proposal, process, timetable, and evidence of commitment acceptable to the City to ensure installation of a suitable, significant piece of public -oriented sculpture or similar public art installation prior to occupancy. This shall include selecting artist(s) and type of work based on submittals of artist bios and representative work; submit for City review and approval conceptual designs per installation; and submit final design details , including art location(s) as shown on Sheet L103e3 and surrounding landscaping adjustments. The installation of the art piece(s) may require a separate building permit and shall be completed prior to issuance of a Certificate of Occupancy.
48. PARKING SPACE DESIGN: All parking spaces (except parallel spaces) must be double -striped with 4” wide stripes. Double stripes shall be 18” apart, from outside edge to outside edge of the stripes, or 10” from inside edge to inside edge of the stripes.
The 8-1/2’ parking spac e width is measured from the center of one double stripe to the other, such that the space between stripes is 7’. For parallel parking spaces, only single -striped or tic -mark is required between spaces. Single stripes shall be measured from interior edge to interior edge of the stripe, such that the space between stripes is 24’.
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49. LIGHTING PLAN: The applicant shall submit a lighting plan in building permit drawings. This plan should include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. The design and location of outdoor lighting fixtures shall ensur e 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.
50. ROOFTOP DECK LIGHTING: 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 fr om off-site. Limited pedestrian -scale/building-mounted lighting along pathways may be permitted subject to review and approval of photometric lighting plan submitted as part of the building permit drawings.
51. BIKE PARKING FACILITIES: The applicant shall provide the following bike parking on the project site, which must be shown on building permit drawings:
a. Short-term bike parking requirements for the mixed-use project are: a minimum 83 spaces for the residential uses (one per 10 units); a minimum 14 spaces for the office use (one bike space per 20,000 square feet or a minimum of four spaces, whichever is greater); and a minimum two spaces for the neighborhood commercial use (four per 5,000 square feet or a minimum of two spaces, whichever is greater). These spaces shall be provided as bike racks which must secure the frame and both wheels. Racks should be located near the building entrance (i.e., within constant visual range) unless it is demonstrated that they create a public hazard or it is infeasible. If space is unavailable near building entrances, the racks must be designed so that the lock is prot ected from physical assault and must include clear and visible signage leading to public bicycle parking if not visible from a street or public path.
b. Long-term bike parking requirements for the mixed-use project are: a minimum 836 spaces for the residential uses (one per unit); a minimum 139 spaces for the office use (one per 2,000 square feet or a minimum of four spaces, whichever is greater). The se spaces shall be in a secure location to protect against theft and may include, but are not limited to, bike lockers, enclosed cages, or other restricted interior areas. Any area used for long -term bike parking shall not be included in zoning calculations for floor area or building coverage.
c. Two bicycle repair stations shall be located on-site at grade-level. Specifications, location, and details shall be included on drawings submitted for building permit review.
52. SHOWER/CHANGING FACILITY: The project must provide one (1) gender -neutral shower/changing room facilities per 80,000 square feet and shower/changing roof facilities for each additional 40,000 square feet. The floor area used for shower and changing rooms shall not be included in the calculations for floor area.
53. VEHICLE PARKING DESIGNATIONS: The project shall provide:
a. A minimum of eight (8) car-share spaces, which shall be in highly visible location(s) accessible to both building occupants and the general public. The applicant/property owner must offer a right of first refusal for car sharing companies to locate space(s) on the project site. An exemption may be granted by the Zoning Administrator if no car-sharing company agrees to operate within the project site, subject to annual verification through the site’s TDM monitoring;
b. A minimum of 10 carpool/vanpool spaces, as required per City Code Section 8.20.39, within the total number of parking spaces; and
c. The minimum amount of electric vehicle (EV) spaces required per Chapter 8 of the City Code.
d. Loading, delivery, and moving truck location(s) shall be shown in building permit drawings consistent with the approved plans.
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GREEN BUILDING
54. GREEN BUILDING —RESIDENTIAL NEW CONSTRUCTION: The project is participating in the East Whisman Precise Plan ’s Residential Bonus FAR Program. As such, it is required to meet the mandatory measures of the California Green Building Standards Code and meet the intent of 120 GreenPoint Rated system or equivalent. All mandatory prerequisite points and minimum point totals per category to attain GreenPoint Rated 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 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.
55. GREEN BUILDING—NONRESIDENTIAL NEW CONSTRUCTION: The project is participating in the East Whisman Precise Plan ’s Non-Residential Bonus FAR Program. As such, it is required to meet the mandatory measures of the California Green Building Standards Code and meet the intent of LEED ® BD+C Platinum (or equivalent) certified. All mandatory prerequisite points and minimum point totals per category to attain the required LEED Certified TM status must be achieved unless specific point substitutions or exceptions are approved by the Community Development Department. Formal project registration and certification through the U.S. Green Building Council (USGBC) 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.
56. 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 the building.
TREES AND LANDSCAPING
57. LANDSCAPING: Detailed landscape plans encompassing on- and off-site plantable areas out to the street curb must be included in building permit drawings. Minimum plant sizes are flats or one -gallon containers for ground cover, five -gallon for shrubs, and 24” box for trees. The drawings must be approved by the Zoning Administrator prior to building permit issuance and implemented prior to occupancy. All plans should be prepared by a licensed Landscape Architect and should comply with the City’s Landscape Guidelines, including the Water Conservation in Landscaping Regulations (forms are available online at www.mountainview.gov/planningforms). Additional landscaping materials or modifications may be required by the Planning Division at final inspection to ensure adequate planting coverage and/or screening.
58. LANDSCAPE CERTIFICATION: Prior to occupancy, the Landscape Architect shall certify in writing the landscaping has been installed in accordance with all aspects of the approved landscape plans and final inspection(s), subject to final approval by the Zoning Administrator.
59. STREET TREE FORM: The applicant shall complete the “Proposed Street Tree” form available in the Planning Division or online at www.mountainview.gov/planningforms. Once completed, the applicant shall email the original to the Parks Division at [email protected] and provide a duplicate copy to the Building Division with building permit submittal.
60. ARBORIST REPORT: A qualified 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 showing installation of chain link fen cing around 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 issuance of building permi ts. Prior to occupancy, 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.
61. ARBORIST INSPECTIONS: During demolition activity and upon demolition completion, a qualified 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 o r underground parking garage, 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.
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62. MONTHLY ARBORIST INSPECTIONS: Throughout demolition and construction, a qualified 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 [email protected].
63. LANDSCAPE SCREENING: All utility meters, lines, transformers, backflow preventers, etc., on -site or off-site, must be shown on all site plan drawings and landscape plan drawings. All such facilities shall be located so as to not interfere with land scape material growth and shall be screened in a manner which respects the building design and setback requirements. Additional landscaping materials or modifications may be required by the Planning Division at final inspection to ensure adequate plant screening.
64. TREE REMOVALS: Permits to remove, relocate, or otherwise alter Heritage trees cannot be implemented until a project building permit for new construction is secured and the project is pursued.
65. REPLACEMENT TREES: The applicant shall offset the loss of each Heritage with two (2) replacement trees, for a total of 80 replacement trees. Additionally, the applicant shall offset the loss of each non-Heritage tree with one (1) replacement tree, for a total of 194 replacement trees. Each replacement tree shall be no smaller than a 24” box and shall be noted on the landscape plan as Heritage or street replacement trees.
66. STREET TREE PROTECTIONS: All designated City street trees are to be protected throughout construction activity with protection measures shown on building permit plans.
67. TREE PROTECTION MEASURES: The tree protection measures listed in the arborist’s report prepared by SavATree Consulting Group and dated October 11, 2024 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, and protective grading techniques. Also, no materials may be stored within the drip line of any tree on the project site.
68. SECURITY BOND: The applicant shall post a security bond to ensure that replacement trees are planted and become established (one year after planting) and to compensate for the trees that were lost due to illegal removal.
69. SECURITY DEPOSIT: The applicant shall take all precautions during construction activities to protect Tree Nos. 747, 1267, 1360, 1361, 1362, 1363, and 1432. Measures shall include, but not be limited to, all preservation measures identified in the arbor ist report pursuant to Condition No. 67.
To demonstrate accountability for implementing tree preservation measures, the applicant shall provide a security deposit prior to building permit issuance. The deposit shall be placed into an account where no interest shall accrue with payment o f a nonrefundable administrative fee. The amount of the deposit shall be determined by the Zoning Administrator based on City review and approval of a cost estimate provided by the applicant. At minimum, the cost estimate shall cover fees associated with a subsequent Heritage Tree Removal Permit process, if required, in accordance with Chapters 32 and 36 of the City Code; the cost of labor and materials for tree removal(s) for all Heritage trees identified to be preserved; and the cost of labor and materials for tree replacement(s) for all Heritage trees identified to be preserved, based on replacement tree species and sizes approved by the Zoning Administrator. The cost estimate submittal and fee deposit shall be completed prior to building permit issuance.
Upon completion of construction, the City will return the security deposit to the applicant upon issuance of a final Certific ate of Occupancy for the project if either of the following conditions exist: (1) a site inspection by a certified arborist conf irms the health of the trees was maintained and no irrevocable damage or death of the trees has occurred due to the project’s construction activity; or (2) upon completion of the Heritage Tree Removal Permit process and verification the trees have been removed and replaced.
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70. IRREVOCABLE DAMAGE TO HERITAGE TREES: In the event one or more of the preserved Heritage tree(s) are not maintained and irrevocable damage or death of the tree(s) has occurred due to construction activity, a stop work order will be issued on the subject property and no construction activity shall occur for two (2) working days per damaged tree. The applicant will also be subject to a penalty fee at twice the tree valuation prior to damage; this fee applies to each Heritage tree damaged. No construction activity can resume until the penalty fee(s) have been paid to the City.
NOISE
71. MECHANICAL EQUIPMENT (NOISE): 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.
72. NOISE GENERATION: All noise-generating activities (i.e., entertainment or amplified sound) are limited to interior areas only, and the heating, ventilation, and air conditioning system shall be maintained to ensure that all windows and doors remain closed when the business is in operation.
73. 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.
74. CONSTRUCTION NOISE REDUCTION: 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 temporar y 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.
75. SITE-SPECIFIC BUILDING ACOUSTICAL ANALYSIS: A qualified acoustical consultant will review final site plans, building elevations, and floor plans prior to construction to calculate expected interior noise levels as required by State noise regulations. Project-specific acoustical analyses are required by the California Building Code to confirm 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 b e 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 includ e, but are not limited to, sound -rated windows and doors, sound -rated wall construction, acoustical caulking, protected ventilation openings, etc.
76. 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. Althoug h 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.
TRANSPORTATION PROGRAMS AND IMPROVEMENTS
77. TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM: The property owner is required to maintain a TDM program for the life of the project which will: achieve a minimum nine percent (9%) reduction in peak -hour vehicle trips to the site for the office use. The property owner will ensure the project does not exceed its trip cap of 231 a.m. peak-hour trips and 201 p.m. peak-hour trips among office employees. The TDM program measures shall be formally accepted by the property owner prior
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to building permit issuance through a legal agreement or recorded document, as determined by the City Attorney, with contents to the satisfaction of the Public Works Director or designee.
78. COMMUTE ALTERNATIVES/TRANSPORTATION BENEFITS: The applicant/owner is required to offer the following commute benefits and transportation alternatives to employees of the project for the lifetime of the project. If the property is sold to a third party, the third party shall establish a TDM program consistent with these requirements in effect at the time of sale.
These alternatives are to encourage use of public transit, bike ridership, provide alternatives to single -occupancy vehicle trips within the City, and aid employees in getting to and from key destinations within the City. The following mandatory transportation benefits will be implemented to achieve the project’s trip reduction target and comply with the site-specific trip cap:
a. Appointment of a transportation/commute coordinator on-site to manage and monitor commute alternative programs.
b. Communication of transportation options, including bikeway maps, transit options, and TDM program offerings provided via on-site kiosks, welcome packets, and new hire orientations.
c. Transit passes, or transit subsidies, to all employees (regular, part -time, and contract), such as a Clipper BayPass, VTA EcoPass, monthly Clipper card subsidies, or a comparable transit pass program.
d. Membership for all employees to a corporate, City and/or regional micromobility/bike/scooter share program, or pooling of micromobility options in coordination with the Mountain View Transportation Management Association (MTMA). Alternatively, provide access to loaner e -bikes and helmets, maintained by the property owner, for which employees can use on an as-needed basis at no cost.
e. Membership for all employees to a car -share program with vehicles stationed on -site (a minimum of three car share parking spaces).
f. Provide a Guaranteed Ride Home program to encourage use of alternative transportation to the site.
g. Join and maintain ongoing membership in the Mountain View Transportation Management Association (MTMA) or an equivalent entity in exchange for TDM services to support the project in achieving its trip reduction targets for the life of the project.
h. Implement a parking cash-out program consistent with AB 2109 and AB 2206, as required by state law.
In addition, the applicant/owner is required to provide the following on-site facilities:
a. Short- and long-term bicycle parking facilities consistent with VTA Bicycle Technical Guidelines and the City Zoning Code.
b. On-site end-of-trip facilities, including showers, changing rooms, and clothes lockers for employees who access work by walking, running, or biking.
c. Priority parking for carpools and vanpools: Parking spaces close to the office buildings would be reserved exclusively for carpool and vanpool vehicles.
d. The nonresidential part of project shall provide the required minimum of three car share parking spaces per East Whisman Precise Plan requirements.
Any modification to this transportation benefits program requires review and approval by the Public Works Director or designee.
79. TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM: The property owner, property manager(s), and homeowners association (HOA) or their representative(s) (collectively, “the owners”) are required to maintain a TDM program which
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provides commute and transportation alternatives to residents of the project for the life of the project which will achieve a minimum nine percent (9%) reduction in peak -hour vehicle trips to the site. The property owner will ensure the project does not exceed its trip cap of 247 a.m. peak-hour trips and 259 p.m. peak-hour trips among residents. The TDM program measures shall be formally accepted by the property owners prior to building permit issuance through a legal agreement or recorded document, as determined by the City Attorney, with contents to the satisfaction of the Zoning Administrator. The project shall select from the following transportation benefits sufficient to achieve the project’s trip reduction target, such as:
a. Appointment of a transportation/commute coordinator on -site to manage and monitor commute alternative programs to coordinate with the Mountain View Transportation Management Association (MTMA) on TDM Program activities, as needed.
b. Join and maintain ongoing membership in the MTMA for the life of the project.
c. Membership for at least one adult member of each household to a corporate, City, and/or regional micromobility/bike/scooter share program, or pooling of micromobility options in coordination with the MTMA.
Alternatively, provide access to loaner e-bikes and helmets, maintained by the property owner, for which residents can use on an as-needed basis at no cost.
d. Provide conveniently located ride-share drop-off and waiting areas on-site.
e. 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.
f. Provide and maintain accessible and secure storage spaces for package delivery on -site.
g. Marketing communication of transportation options, including bikeway maps, transit options, and TDM program offerings provided via on-site kiosks, welcome packets, new hire orientations, and resident apps.
h. Support Safe Routes to Schools programs, including facilitating parent gatherings and coordination of walking, school buses, and/or bike trains.
In addition, the applicant/owners is required to provide the following on -site facilities:
a. Short- and long-term bicycle parking facilities consistent with VTA Bicycle Technical Guidelines and the City Zoning Code.
b. The residential portion of the project shall provide five designated car share spaces on -site.
c. A bikeshare vendor will be sought, and if not available, residents will be provided with access to a fleet of up to five shared bicycles and supportive safety gear.
80. TRANSPORTATION DEMAND MANAGEMENT (TDM) MONITORING: The property owner(s), or their representative, shall prepare an annual TDM report and submit it to the City to document the effectiveness of the TDM program in achieving the goal of nine percent (9%) peak-hour vehicle trip reduction by employees and residents within the project, including complying with the trip cap limits listed in conditions TDM 1.1 and TDM 2.1. The TDM report shall be prepared by an independent consultant and paid for by the property owner(s) or their representative; the consultant s hall work with the property’s TDM coordinator. The TDM report will include a determination of historical employee and resident commute methods, which shall be informed by surveying all employees and residents working/living on the project site and through driveway traffic counts.
All nonresponses to the employee and/or resident commute survey will be counted as a drive -alone trip. The driveway traffic
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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 report provided to the City.
a. TDM Reporting: The initial TDM report for the project will be submitted on December 1, or the following business day thereafter if a weekend, one year after the granting of the Certificate of Occupancy. Subsequent reports will be collected annually on December 1.
b. Report Requirements: The TDM report shall either: (1) state that the project has achieved nine percent (9%) peak-hour vehicle trip reduction or higher, providing supporting statistics and analysis to establish attainment of the goal and compliance with the site-specific trip cap; or (2) state that the project has not achieved the nine percent (9%) peak-hour vehicle trip reduction and exceeded the site trip cap, providing an explanation of how and why the goal has not been reached and a description of a dditional measures that will be adopted in order to attain the TDM goal required for the project.
c. Penalty for Noncompliance: If, after an initial TDM report shows noncompliance, the second annual 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 desc ribed above, the City may assess a penalty in the maximum amount of One Hundred Thousand Dollars ($100,000) for the first percentage point below the nine percent (9%) peak -hour vehicle trip reduction and an additional Fifty Thousand Dollars ( $50,000) for each additional percentage point below the minimum nine percent (9%) thereafter (“TDM Penalty”). In determining whether the TDM Penalty is appropriate, the City may consider whether the property 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, the City may require the property 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 used to promote alternatives to single -occupancy vehicle use in the City.
Trip Reduction Penalty Amount
9% -0-
8% $100,000
7% $150,000
6% $200,000
5% $250,000
4% $300,000
3% $350,000
2% $400,000
1% $450,000
CC&RS AND DISCLOSURES
81. 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 expansion s 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 commercial ownership association and would need to establish rules for all units in the comple x.
82. NOTICE OF DEVELOPMENT RESTRICTIONS: A Notice of Development Restrictions indicating the related development permit conditions that are to be completed with the development of the property is required for all planned developments and common-interest developments. The notice shall be prepared by the Planning Division and City Attorney’s Office and shall be signed and notarized by the subdivider. The approved and executed Notice of Development Restrictions must be recorded on the land of the subdivision before the approval of the parcel or final map.
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AGREEMENTS AND FEES
83. COMMUNITY BENEFIT CONTRIBUTION: In compliance with the East Whisman Precise Plan, the applicant is required to provide a community benefit(s) in exchange for additional development intensity and to advance the goals and policies of the East Whisman Precise Plan. The applicant is requi red to provide a public benefit in the form of a fee payment of $6.23 per bonus square foot above the Residential baseline FAR of 1.0 for an estimated total contribution of $3,202,799 and $31.12 per bonus square foot above the Non-Residential baseline FAR of 0.4 for an estimated $2,825,011. The Community Benefit Contribution fees must be made payable to the City of Mountain View. Payment must be provided prior to issuance of the first foundation, excavation, or new structure building permit.
84. PRECISE PLAN DEVELOPMENT IMPACT FEE: The applicant shall pay the City a development impact fee per net new square- foot of office/R&D and retail area, by land use, and per residential unit for planned public improvements within the East Whisman Precise Plan area based on the adopted fee schedule. This fee shall be made payable to the City of Mountain View and submitted to the Planning Division prior to the issuance of the first building permit.
85. INDEMNITY AGREEMENT: Prior to the issuance of any building permits, the applicant shall agree, in writing, to defend, indemnify, and hold harmless the City and the City’s officers, agents, and employees in any action brought by a third party t o void this Permit(s). The agre ement shall be in a form satisfactory to the City Attorney and Zoning Administrator. It shall run with the land and shall not be amended without prior City consent.
86. MUTUAL ACCESS: The property owner shall prepare a legal agreement to be recorded on the property providing for mutual access and maintenance of the commonly -held improvements on this project site . The agreement shall be reviewed and approved by the City Attorney and Zoning Administrator and shall state that it may not be modified without the City’s consent.
87. 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
88. MULTI-PHASE DEVELOPMENT: Construction of the project shall be done in multiple phases to be completed in a duration of approximately four (4) years, as described below and shown in the approved plan set:
a. Phase 1: Demolition and preparation of the entire site, and construction of the Market-Rate North residential building and service street. This phase may last approximately 36 months and require excavation at a maximum depth of thirty- one feet (31’) below the ground surface. Excavation and removal of approximately 89,500 cubic yards of soil would be necessary to accommodate the proposed building foundations, underground parking levels, footings, service street, and utilities. Construction dewatering would be required for approximately 17 months while the underground parking is constructed. It is assumed that demolition and construction activities for Phase 1 would start in the second quarter (Q2) of 2026 and be completed in Q4 2028.
b. Phase 2: Phase 2 would begin approximately 18 months after the start of Phase 1 and would include construction of the Market-Rate South residential building, BMR residential building, office building, and aboveground parking structure , and associated off -site improvements . This phase would last approximately 30 months and require excavation at a maximum depth of thirteen feet (13’) below the ground surface. Excavation and removal of approximately 49,245 cubic yards of soil would be necessary to accomm odate the proposed building foundations, underground parking level, footings, and utilities. It is assumed that construction for Phase 2 would start in Q2 2027 and be completed in Q4 2029.
89. CONSTRUCTION PARKING: The applicant shall prepare a construction parking management plan to address parking demands and impacts during the construction phase of the project by contractors or other continued operations on -site. The plan shall also include a monitoring and enforcement measure which specifies on -street parking is prohibited and will be monitored by the owner/operator of the property (or primary contractor), and penalties will be enforced by the owner/operator of th e property (or primary contractor) for violations of on-street parking restrictions. Violations of this provision may result in a stop-
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work notice being issued by the City for development project. The construction parking management plan shall be subject to review and approval by the Zoning Administrator prior to the issuance of building permits.
90. NOTICE OF CONSTRUCTION: The applicant shall notify neighbors within seven hundred fifty feet (750’) of the project site of the construction schedule in writing, prior to construction. For multi -phased construction, separate notices may be required for each phase of construction. A copy of the notice and the mailing list shall be submitted for review prior to issuance of building permits.
91. DISTURBANCE COORDINATOR: 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 com plaint 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 notif ication sent to neighbors adjacent to the site. The sign must also list an emergency after-hours contact number for emergency personnel.
92. HEALTH AND SAFETY MEASURES: The permittee/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.
93. 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:
a. 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 proposed for demolition. The surveys shall be completed prior to demolition work beginning on the structures.
b. 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.
94. BASIC AIR QUALITY CONSTRUCTION MEASURES: The applicant shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) to reduce fugitive dust emissions. Emission reduction measures will inc lude, at a minimum, the following measures: (a) all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times p er day; (b) all haul trucks transporting soil, sand, or other loose ma terial off-site will be covered; (c) all visible mud or dirt track - out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; (d) all vehicle speeds on unpaved roads will be limited to 15 mph; (e) all roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after gradin g unless seeding or soil binders are used; (f) 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 measures Title 13, Section 2485, of the California Code of Regulations). Clear signage sh all be provided for construction workers at all access points; (g) all construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications.
All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and (h) post a publicly visible sign with the telephone number and person to contact at the City of Mountain View regarding
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dust complaints. This person will respond and take corrective action within 48 hours. BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
95. LOW VOC COATINGS (AQ-1): To implement East Whisman Precise Plan Final Environmental Impact Report (FEIR) MM AIR-3.1, the project shall use super -compliant volatile organic compound (VOC) or VOC (i.e., reactive organic gases ) coatings that are below current BAAQMD requirements (i.e., Regulation 8, Rule 3: Architectural Coatings) for at least ninety percent (90%) of all interior and exterior paints. This includes all architectural coatings applied during both construction of Phase 2 and reapplications throughout the project’s operational lifetime for all buildings constructed during Phase 1 and Phase 2. At least ninety percent (90%) 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 tenant leases and building sales disclosures shall contain information that the project is required to use “super -compliant” VOC coatings. This mitigation measure applies to ninety percent (90%) of coatings since there may be some special coatings required for certain aspects of the project that cannot meet this requirement. (PROJECT-SPECIFIC CONDITION)
96. DPM EMISSIONS REDUCTION PLAN (AQ -2): To implement East Whisman Precise Plan FEIR MM AIR -3.1, the project shall implement a feasible plan to reduce diesel particulate matter ( DPM) emissions by seventy percent (70%) such that increased cancer risk and annual PM2.5 concentrations from construction would be reduced below Toxic Air Contaminants ( TAC) significance levels as follows:
1. 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 emission standards for PM (PM10 and PM2.5), if feasible; otherwise:
a. If use of Tier 4 equipment is not available, alternatively use equipment that meets U.S. EPA emission standards for Tier 3 engines and include particulate matter emissions control equivalent to CARB Level 3 verifiable diesel emission control devices tha t altogether achieve a seventy percent (70%) reduction in particulate matter exhaust in comparison to uncontrolled equipment.
2. Alternatively (or in combination), use electric cranes and install electric power lines in order to use avoid use of diesel - powered generators.
3. Alternatively, the applicant may develop another construction operations plan demonstrating that the construction equipment used on-site would achieve a reduction in construction diesel particulate matter emissions by seventy percent (70%) or greater. Elements of the plan could include a combination of some of the following measures:
• Implementation of No. 1 above to use Tier 4 engines or alternatively fueled equipment ;
• Installation of electric power lines during early construction phases to avoid use of diesel generators and compressors;
• Use of electrically powered equipment;
• Forklifts and aerial lifts used for exterior and interior building construction shall be electric or propane/natural gas powered;
• Change in construction buildout plans to lengthen phases ; and
• Implementation of different building techniques that result in less diesel equipment usage.
Such a construction operations plan would be subject to review by an air quality expert and approved by the City prior to construction. (PROJECT-SPECIFIC CONDITION)
97. 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.
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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 emissions with appropriate field screening instrumentation; (d) the contractor will 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.
98. 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 si gnificance 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, glass, 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.
99. DISCOVERY OF HUMAN REMAINS: 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 fi nal 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 th e mitigation programs and its results, including a description of the monitoring and te sting 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.
100. DISCOVERY OF PALEONTOLOGICAL RESOURCES: 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 av oidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.
101. INDOOR FORMALDEHYDE REDUCTIONS: 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, et seq., 2009- 2013).
102. PRECONSTRUCTION NESTING BIRD SURVEY: 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:
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-
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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 an d then resumes during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present.
103. VIBRATION BEST MANAGEMENT PRACTICES CONSTRUCTION MEASURES:
• Avoid impact pile driving and drill piles instead where possible. Drilled piles cause lower vibration levels where geological conditions permit their use.
• Avoid using vibration rollers and tampers near sensitive areas.
• 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:
— Identification of sites that would be exposed to project vibration compaction activities and could result in vibration impacts to structures;
— Develop a vibration monitoring and contingency plan;
— Construction contingency plan; and
— Conduct post-survey on structures where either monitoring has indicated high levels or complaints of damage have been made.
MITIGATION MEASURES
104. MITIGATION CERTIFICATION: Prior to occupancy of any structure or establishment of any use, the property owner, Prometheus Real Estate Group Middlefield LP, shall inspect the site and shall certify, in writing, that all mitigation measur es listed in the existing Final Environmental Impact Report have been correctly implemented.
105. EXISTING PRECISE PLAN MITIGATION MEASURES: All mitigation measures identified in the East Whisman Precise Plan Environmental Impact Report (EIR) 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’s environmental analysis. The applicant must note how the applicant has addressed each mitigation measure to the satisfaction of the Zoning Admin istrator prior to building permit issuance.
106. AIR QUALITY —CONSTRUCTION ( EWPP FEIR MM AQ -3.1): Construction criteria pollutant and TAC quantification shall be required on individual projects developed under the Precise Plan once construction equipment and phasing details are available through modeling to identify impacts and, if necessary, include measures to reduce emissions below the applicable BAAQMD construction thresholds. Reductions in emissions can be accomplished through, not limited to, the following measures:
• Construction equipment selection for low emissions;
• Use of alternative fuels, engine retrofits, and added exhaust devices; • Low-VOC paints;
• Modify construction schedule; and
• Implementation of BAAQMD Basic and/or Additional Construction Mitigation Measures for control of fugitive dust.
107. HAZARDOUS MATERIALS —CONSTRUCTION ( EWPP FEIR MM HAZ -3.1): Prior to the start of any redevelopment activity, a property-specific Phase I Environmental Site Assessment (ESA) shall be completed in accordance with ASTM Standard
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Designation E 1527 -13 to identify Recognized Environmental Conditions, evaluate the property history, and establish if the property is likely to have been impacted by chemical releases. Soil, soil vapor, and/or groundwater quality studies shall subsequently be conducted, if warranted based on the findings of the property -specific Phase I ESAs, to evaluate if mitigation measures are needed to protect the health and safety of construction workers, the environment, and area residents.
At properties identified as being impacted or potentially impacted by Recognized Environmental Conditions as part of the property-specific Phase I ESA or subsequent studies, a Site Management Plan (SMP) shall be prepared prior to development activities to establish management practices for handling contaminated soil, soil vapor, groundwater, or other materials during construction activities. The SMP shall be prepared by an environmental professional and submitted to the overseeing regulatory agency (e.g., United States Environmental Protection Agency, Regional Water Quality Control Board (RWQCB) and/or County Department of Environmental Health) for review and approval prior to commencing construction activities.
Management of site risks during earthwork activities in areas where impacted soil, soil vapor, and/or groundwater are present or suspected, shall be described. Worker training requirements, health and safety measures, and soil handling procedures shall be described. The SMP shall also be submitted to the City of Mountain View Planning Division for review.
108. NOISE GENERATORS—NOISE AND VIBRATION (EWPP FEIR MM NOI-4.1): Use drilled piles (which cause lower vibration levels) where geological conditions permit their use. In areas where project construction is anticipated to include vibration-generating activities, such as pile driving or use of vibratory rollers, in clos e proximity to existing structures, site -specific vibration studies should be conducted to determine the area of impact and to identify appropriate mitigation measures which may include the following:
• Identification of sites that would include vibration compaction activities, such as pile driving, and have the potential to generate ground -borne vibration and the sensitivity of nearby structures to ground -borne vibration. Vibration limits should be applied to all vibration -sensitive structures located within 200’ of the project. A qualified structural engineer should conduct this task.
• Development of a vibration monitoring and construction contingency plan to identify structures where monitoring would be conducted, set up a vibration monitoring schedule, define structure-specific vibration limits, and address the need to conduct photo, elevation, and crack surveys to document before and after construction conditions.
• Construction contingencies would be identified for when vibration levels approached the limits.
• At a minimum, vibration monitoring should be conducted during initial demolition activities and during pile driving activities. Monitoring results may indicate the need for more or less intensive measurements.
• When vibration levels approach limits, suspend construction and implement contingencies to either lower vibration levels or secure the affected structures.
• Conduct a postsurvey on structures where either monitoring has indicated high levels or complaints of damage have been made. Make appropriate repairs or compensation where damage has occurred as a result of construction activities.
109. UTILITIES AND SERVICE SYSTEMS —INFRASTRUCTURE ( EWPP FEIR MM UTL -1.1): The City shall require, determined on a project-by-project basis, the preparation of a site -specific utility analysis of applicable water, sewer, and stormwater infrastructure systems adjacent to and downstream of the project site to identify capacity issues. The utility impact analys is will be submitted to the Planning Division as part of future project applications. The analysis will determine the proportional utility impact fees to be paid under the nexus study and will identify any other utility infrastructure improvements required as a result of individual projects.
Affordable Housing Division—650-903-6379 or [email protected]
110. BMR, ALTERNATIVE MITIGATION: The applicant/developer shall provide one hundred and fifty (150) BMR units (approximately eighteen percent (18%)) off -site in a stand -alone building located on a parcel within the project site. Half (fifty percent (50%)) of the units shall be two (2) and three (3) bedroom units and shall remain affordable in perpetuity. The
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weighted average resulting from the applicant’s alternative mitigation proposal will be fifty percent (50%) AMI. The approved Alternative Mitigation does not absolve the applicant from complying with the Below Market Rate Program Administrative Guidelines and process unless otherwise explicitly specified. In addition to the 150 BMR units, the applicant/developer s hall provide $12 million in supplemental funding (not earmarked for the project) to achieve equivalency for the required twenty percent (20%) (168 BMR units) off -site BMR unit delivery per the City‘s BMR Administrative Guidelines. The $12 million shall be provided to the City prior to the issuance of the first grading or building permit for the project (for either the residen tial or nonresidential development). (PROJECT-SPECIFIC CONDITION)
111. BMR, ALTERNATIVE MITIGATION DELIVERY OF UNITS: In accordance with the BMR Administrative Guidelines, the off -site units shall be fully financed, constructed, and delivered prior to the issuance of the Certificate of Occupancy for the first market- rate building in the mixed -use development project. S hould the applicant be unable to provide the affordable units through the proposed Alternative Mitigation consistent with the required timing in the BMR Administrative Guidelines, it shall meet the City’s fifteen percent (15%) (of total p roject units) inclusionary requirement, integrating the BMR units with the market -rate development, include a proportionate mix of unit sizes relative to the market -rate units, be equitably distributed throughout the residential development, and meet other requirements consistent with Chapter 36, Article XIV, Divisions 1 and 2, of the City Code and the BMR Housing Program Administrative Guidelines and Directives. (PROJECT-SPECIFIC CONDITION)
112. BMR AGREEMENT, PROCESS: The BMR agreement must recorded prior to first building permit issuance. The applicant shall contact the Housing Department at 650 903-6190 to begin preparation of a Regulatory Agreement for the project after project entitlement but no later than submittal of the first building permit application . The applicant shall submit the following information: (a) a copy of the Findings Report or Conditions of Approval; (b) a legal description of the property; (c) a pla n indicating the location, size, and phasing of the affordable units ; and (d) additional information as requested by the Housing Department.
113. HOUSING IMPACT FEE: Prior to the issuance of the first grading or building permit for the project, the applicant shall pay a Housing Impact Fee based on the net new floor area and the adopted fees in effect at the time of building permit issuance. For purposes of calculati ng the fee, the project includes construction of 275,200 square feet of Office and the demolition of 163,638 square feet of Office, resulting in 90,778 square feet of net new floor area.
Building Division—650-903-6313 or [email protected]
Entitlement review by the Building Division is preliminary. Building and Fire plan check reviews are separate permit processes applied for once the zoning approval has been obtained and appeal period has concluded; a formal permit submittal to the Buildin g Division is required. Plan check review shall determine the specific requirements and construction compliance in accordance with adop ted local, State, and Federal codes for all building and/or fire permits. For more information on submittal requirement s and timelines, contact the Building Division online at www.mountainview.gov/building. It is a violation of the MVCC for any building occupancy or construction to commence without the proper building and/or fire permits and issued Certificate of Occupancy.
114. BUILDING CODES: Construction plans will need to meet the current codes adopted by the Building Division upon building permit submittal. Current codes are the 2022 California Codes: Building, Residential, Fire, Electrical, Mechanical, Plumbin g, CALGreen, CALEnergy, in conjunction with the City of Mountain View Amendments, and the Mountain View Green Building Code (MVGBC).
115. USE AND OCCUPANCY CLASSIFICATION: Provide proposed use(s) and occupancy(ies) for the proposed project per the CBC, Chapter 3.
116. SPECIAL REQUIREMENTS BASED ON OCCUPANCY AND USE: Project shall comply with the requirements per the CBC, Chapter 4.
117. DWELLING UNIT SEPARATION: Private garage separation required per the CBC, Section 406.3.2.
118. OPENING PROTECTION: Openings from a private garage directly into a room used for sleeping purposes shall not be permitted per the CRC, Section R302.5.1.
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119. BUILDING HEIGHT AND NUMBER OF STORIES: The project shall comply with the requirements per the CBC, Chapter 5, Section 504.
120. BUILDING AREA: The project shall comply with the requirements per the CBC, Chapter 5, Section 506.
121. MIXED USE AND OCCUPANCY: The project shall comply with the requirements per the CBC, Chapter 5, Section 508.
122. OCCUPANCY SEPARATION: Proper separation is required to be provided between occupancies per the CBC, Table 508.4.
123. TYPE OF CONSTRUCTION: Provide the type of proposed construction per Chapter 6 of the CBC.
124. FIRE AND SMOKE PROTECTION FEATURES: The project shall comply with the requirements per the CBC, Chapter 7.
125. MINIMUM DISTANCE OF PROJECTIONS: The project shall comply with the requirements per the CBC, Chapter 7 (Table 705.2).
126. BUILDINGS ON THE SAME LOT: The project shall comply with the requirements per the CBC, Chapter 7, Section 705.3.
127. FIRE-RESISTANCE RATING FOR EXTERIOR WALLS BASED ON FIRE SEPARATION DISTANCE: The project shall comply with the requirements per the CBC, Chapter 7 (Table 705.5).
128. MAXIMUM AREA OF EXTERIOR WALL OPENINGS BASED ON FIRE SEPARATION DISTANCE AND DEGREE OF OPENING PROTECTION: The project shall comply with the requirements per the CBC, Chapter 7 (Table 705.8).
129. FIRE WALLS: Provide the required Fire Wall Resistance Ratings per CBC, Chapter 7, Table 706.4(c), as amended in MVCC Section 8.10.24.
130. MEANS OF EGRESS: The project is required to comply with the requirements per the CBC, Chapter 10, Means of Egress.
131. OCCUPANT LOAD: The project shall comply with Table 1004.5, Maximum Floor Area Allowance per Occupant, per the CBC, Chapter 10, Section 1004.
132. ACCESSIBLE MEANS OF EGRESS: The site must meet accessible means of egress per the CBC, Chapter 10, Section 1009.
133. ACCESSIBILITY REQUIREMENTS:
• Chapter 11A: The project will be required to comply with the accessibility requirements in the CBC, Chapter 11A.
• Chapter 11B: The project will be required to comply with the accessibility requirements in the CBC, Chapter 11B.
• Parking (Chapter 11A): The project will be required to comply with the accessible parking requirements in the CBC, Chapter 11A.
• Parking (Chapter 11B): The project will be required to comply with the accessible parking requirements in the CBC, Chapter 11B.
134. MVGBC CALGREEN: The project shall comply with the Mountain View CALGreen checklist requirements available online at www.mountainview.gov/greenbuilding.
135. PLUMBING FIXTURES: The project shall comply with Table 422.1 of the California Plumbing Code (CPC), Section 4.
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136. DUAL PLUMBING: New buildings and facilities shall be dual-plumbed for potable and recycled water systems for toilet flushing when recycled water is available, per California Green Building Standards Code, Appendix A5, A5.303.5, and as amended in MVCC Section 8.30.4.
137. PLUMBING: The project will be subject to the submetering requirements per Senate Bill 7 (Housing: Water Meters for Multi - Unit Structures).
138. UTILITIES: No utilities shall cross property lines.
139. STRUCTURAL CALCULATIONS: Structural calculations may be required once the application for a building permit is submitted.
140. ADDRESSES: All street names, street numbers, residential apartment numbers, ADU numbers, and suite numbers will be processed by the Building Division prior to permit issuance.
141. COMMERCIAL TENANT IMPROVEMENTS: The tenant improvements for the commercial space(s) will be required to obtain a separate building permit(s).
142. SCHOOL IMPACT FEE: The 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 Union 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 School District at www.lasdschools.org or 650-947-1150.
143. DEMOLITION PERMIT(S): Demolition permit(s) are issued under a separate permit application. Visit the City of Mountain View Building Division online at www.mountainview.gov/building or contact by phone at 650 -903-6313 to obtain information and submittal requirements.
144. PEDESTRIAN PROTECTION: Pedestrians shall be protected during construction, remodeling, and demolition; additionally, if required, signs shall be provided to direct pedestrian traffic. Provide sufficient information at the time of building plan submittal of how pedestrians will be protected from construction activity per the CBC, Section 3306.
145. WORK HOURS/CONSTRUCTION SITE SIGNAGE: No work shall commence on the job site prior to 7:00 a.m. nor continue later than 6:00 p.m., Monday through Friday, nor shall any work be permitted on Saturday or Sunday or any holiday unless prior approval is granted by the Chief Building Official. The g eneral contractor, applicant, developer, or property owner shall erect a sign at all construction site entrances/exits to advise subcontractors and material suppliers of the working hours (see job card for specifics) and contact information, including an after-hours contact. Violation of this condition of approval may be subject to the penalties outlined in Section 8.70 of the MVCC and/or suspension of building permits.
146. RESPONSIBLE CONSTRUCTION: This project is subject to the City’s Responsible Construction Ordinance. For projects covered by this Ordinance, owners, contractors, and/or qualifying subcontractors are required to acknowledge responsibilities and make specified certifications upon completion of a project. The required certifications include that: (a) employees are provided written wage statements and notice of employers’ pay practices as required under State law (or, alternatively, are covered by a valid collective bargaining agre ement); and (b) they have no unpaid wage theft judgements. Acknowledgement forms are required to be submitted at building permit application, which is available online at www.mountainview.gov/building. More information is available at www.mountainview.gov/wagetheft.
Fire Department—650-903-6343 or [email protected]
FIRE PROTECTION SYSTEMS AND EQUIPMENT
147. FIRE SPRINKLER SYSTEM: Provide an automatic fire sprinkler system to be monitored by a central station monitoring alarm company. This monitoring shall include water flow indicators and tamper switches on all control valves. Shop-quality drawings shall be submitted electronic ally for review and approval. The underground fire service system shall be approved prior to
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approval of the automatic fire sprinkler system. All work shall conform to NFPA 13, NFPA 24, NFPA 72, and Mountain View Fire Department specifications. (City Code Sections 14.10.30 and 14.10.31 and California Fire Code Section 903.)
148. STANDPIPE SYSTEM: Provide a Class I standpipe system. (City Code Sections 14.10.32, 14.10.33, 14.10.34, and 14.10.35 and California Fire Code Section 905.)
149. FIRE PROTECTION DURING CONSTRUCTION: Every building four stories or more in height shall be provided with no fewer than one standpipe for use during construction. Such standpipe(s) shall be installed when the progress of construction is not mor e than 40’ in height above the lowest level of Fire Department access. Such standpipe(s) shall be provided with Fire Department hose connections at accessible locations adjacent to usable stairs, and the standpipe outlets shall be located adjacent to su ch usable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor, there shall be provided a 2.5” valve outlet for Fire Department use. (California Fire Code, Chapter 33.)
150. 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 combus tible construction.
151. 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 b e tested prior to the start of combustible construction. The wharf hydrant shall be capable of providing a combination flow of 500 GPM with two 2.5” outlets flowing. Shop-quality drawings shall be submitted electronically for review and approval. (NFPA 24 and Mountain View Fire Department requirements.)
152. FIRE EXTINGUISHERS: Install one 2 -A:10-B:C fire extinguisher for every 50’/75’ of travel or every 3,000 square feet. Fire extinguisher locations shall be indicated on the architectural floor plans. (California Code of Regulations, Title 19, Chapter 3, and California Fire Code, Section 906.)
153. AUTOMATIC/MANUAL FIRE ALARM SYSTEM: Provide an approved automatic/manual fire alarm system in accordance with California Fire Code and Mountain View Fire Department specifications. Shop-quality drawings shall be submitted electronically for review and approval. Prior to occupancy, the sy stem shall be field -tested, approved, and in service. Provisions shall be made for monthly testing, maintenance, and service. (California Fire Code, Section 907, and Mountain View City Code, Section 14.10.36 and 14.10.37.)
154. SMOKE ALARMS: All residential occupancies shall be provided with California State Fire Marshal -listed smoke alarms. Smoke alarms shall be installed in accordance with the California Building Code and the approved manufacturer’s instructions. (California Fire Code, Section 907.2.11.)
155. CARBON MONOXIDE ALARMS: All residential occupancies shall be provided with carbon monoxide alarms. Carbon monoxide alarms shall be installed in accordance with the California Building Code and the approved manufacturer’s instructions. (California Fire Code, Section 915.)
FIRE DEPARTMENT ACCESS
156. LOCKBOX: Install an approved key lockbox per the Fire Protection Engineer’s directions. (California Fire Code, Section 506.)
157. KEYSWITCH: Install an approved keyswitch per the Fire Protection Engineer’s directions. Contact the Building Division at 650-903-6313 or [email protected] for instructions. An interior keyswitch is required where interior electronically controlled doors are present (corridors, stairwells, etc.) that would prohibit rapid Fire Department deployment throughout a building. Contact the Fire Protection Engineer for more information.
158. 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
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width shall mean a clear travelway, excluding parking width, and designed for an emergency vehicle weight of 70,000 pounds.
Unobstructed width shall not include the width of rolled curbs, sidewalks, or nondrivable surfaces. (California Fire Code, Section 503, and Mountain View City Code, Sections 14.10.14, 14.10.15, and 14.10.16.)
159. 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 apparatuses. “Approved provisions” shall mean that turnarounds, in accordance with Mountain View Fire Department specif ications, are provided in locations such that fire apparatuses shall never be more than 150’ away from the closest turnaround. (California Fire Code, Section 503.)
160. FIRE LANE MARKING: “NO PARKING—FIRE LANE” signs shall be posted along fire lanes, and curbs shall be painted red with the words “NO PARKING—FIRE LANE” stenciled in white on the top and side of the curb. (California Fire Code, Section 503.)
161. ALL-WEATHER FIRE APPARATUS ACCESS ROADS: Prior to combustible construction, an all -weather access road capable of supporting emergency vehicles (70,000 pounds) shall be constructed to allow access within 150’ of every portion of the project.
Access roads shall have 13’6” overhead clearance, 20 ’ of unobstructed width, and 21’ inside turning radius. (California Fire Code, Section 503.)
162. STRETCHER REQUIREMENTS: In all structures with one or more passenger service elevators, at least one elevator shall be provided with a minimum clear distance between walls or between walls and door, excluding return panels, of not less than 80”x54”, and a minimum distance from wall to return panel of not less than 51” with a 42” side slide door, unless otherwise designed to accommodate an ambulance -type stretcher (84”x24”) in the horizontal position. (California Building Code, Section 3002.4.)
EGRESS AND FIRE SAFETY
163. EXIT ILLUMINATION: Exit paths shall be illuminated any time the building is occupied with a light having an intensity of not less than one footcandle at floor level. Power shall normally be by the premises wiring with battery backup. Exit illuminat ion shall be indicated on the electrical plan sheets in the drawing sets. (California Building Code, Section 1008.)
164. EXIT SIGNS: Exit signs shall be internally or externally illuminated and provided with battery backup per Uniform Building Code Chapter 10. Exit signs shall be posted above each required exit doorway and wherever otherwise required to clearly indicate the direction of egress. (California Building Code, Section 1013.)
165. FLOOR-LEVEL EXIT SIGNS: Floor-level exit signs shall be provided in all interior exit corridors of Group A, E, I, and Group R2.1 occupancies and in all interior-rated exit corridors serving guest rooms of hotels in R1 occupancies. (California Building Code, Section 1013.)
166. EXIT DOORS IN GROUPS A, E, H, AND I OCCUPANCIES: Exit doors shall be provided with approved panic hardware. (California Building Code, Section 1010.2.9.)
167. GROUP A OCCUPANCIES: Buildings or portions of buildings used for assembly purposes shall conform to all requirements of Title 19 and the Uniform Building Code. This shall include, but not be limited to: (1) two exits; (2) fire-retardant drapes, hangings, Christmas trees, o r other similar decorative material; and (3) posting of a maximum occupant load sign. (California Code of Regulations, Title 19, Sections 3.08, 3.21, and 3.30.)
168. GROUP A, E, I, AND R1 OCCUPANCIES: DECORATIVE MATERIALS: All drapes, hangings, curtains, drops, and all other decorative material, including Christmas trees, shall be made from a noncombustible or fire -resistive material or maintained in a flame - retardant condition by means of an approved flame-retardant solution or process approved by the California State Fire Marshal. (California Code of Regulations, Title 19, Sections 3.08 and 3.21.)
169. INTERIOR WALL AND CEILING FINISHES: Interior finishes shall have a flame -spread rating in accordance with the California Building Code, Chapter 8, and California Code of Regulations, Title 19, Section 3.21.
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170. POSTING OF ROOM CAPACITY: Any room used for assembly purposes shall have the capacity of the room posted in a conspicuous place near the main exit from the room. (California Building Code, Section 1004.9.)
171. ON-SITE DRAWINGS: Submit electronic (.pdf) drawing files according to Fire Department specifications prior to final Certificate of Occupancy.
172. EMERGENCY PROCEDURE MAPS (OFFICE BUILDINGS): In all office buildings two (2) or more stories in height, except high-rise buildings, a floor plan providing emergency procedures information shall be posted at every stairway landing, at every elevator landing, and immediately inside all public entranc es to the building. The information shall be posted so that it describes the represented floor level and can be easily seen immediately upon entering the floor level or the building. Emergency procedures information shall be printed with a minimum of 3/16” high nondecorative lettering providing a sharp contrast to the background. Emergency procedures information shall include, but not be limited to, the following: (1) location of exits and fire alarm initiating stations, if required; (2) what the fire alarm, if required, sounds and looks like (audible and visual warning devices); (3) Fire Department emergency telephone number, 9-1-1; and (4) the prohibition of elevator use during emergencies, if any. (California Code of Regulations, Title 19, Section 3.09.)
173. STAIRWAY IDENTIFICATION SIGNS: For stairs connecting three or more stories in height, approved stairway identification signs shall be located at each floor level in all enclosed stairways. The sign shall identify the stairway and indicate whether th ere is roof access, the floor level , and the upper and lower terminus of the stairway. The sign shall be located 5’ above the floor landing in a position which is readily visible when the door is in the open or closed position. (California Building Code, S ection 1023.9.)
174. TWO-WAY COMMUNICATION: A two-way communication system shall be provided at the landing serving each elevator or bank of elevators on each accessible floor that is one or more stories above or below the level of exit discharge. (Californ ia Building Code, Section 1009.8.)
HAZARDOUS CONDITIONS
175. ELECTRICAL ENERGY STORAGE SYSTEMS: Electrical Energy Storage Systems shall comply with the California Fire Code, Section 1207.
EXTERIOR IMPROVEMENTS
176. PREMISES IDENTIFICATION: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Address signs shall be a minimu m of 6” in height and a minimum of 0.5” in width. (Mountain View City Code, Section 14.10.18.)
OTHER
177. EMERGENCY RESPONDER RADIO COVERAGE: All buildings shall have approved radio coverage for emergency responders within the building. (California Fire Code, Section 510.)
178. F
D
ADDITIONAL: Photovoltaic (PV) panels shall comply with all applicable requirements of CFC Chapter 1205, including perimeter pathway clear widths, center isles, etc. The rooftop PV array will be reviewed in detail during the building plan submittal phase.
Ensure all necessary requirements are being met with the current PV array layout; otherwise, alterations to the layout may be required.
Public Works Department—650-903-6311 or [email protected]
OWNERSHIP AND PROPERTY
179. PRELIMINARY TITLE REPORT: At first submittal of the building permit and improvement plans, the applicant shall submit to the Public Works Department a current preliminary title report or land deed (dated within six months of the first submittal)
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indicating the exact name of the current legal owners of the property(ies), their type of ownership (individual, partnership, corporation, etc.), and legal description of the property(ies) involved. The title report shall include all easements and agreements referenced in the title report. Depending upon the type of ownership, additional information may be required.
The applicant shall provide an updated title report to the Public Works Department upon request. All required materials shal l be submitted electronically (i.e., flattened, reduced-size PDFs).
180. SUBDIVISION: Any combination or division of land for sale, lease, or financing purposes requires the filing and approval of a tentative map, completion of all conditions of subdivision approval, and the recordation of the final map, all prior to the issuance of the building permit. 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
181. STREET DEDICATION: Dedicate a 4’ wide public street easement on Middlefield Road (54’ on the project side of the street centerline) along the project frontage and a public street easement of varying width on Ferguson Drive (33’ on the project side of the street centerline) per the East Whisman Precise Plan, as required by the Public W orks Director.
182. PUBLIC ACCESS EASEMENT (CONNECTIONS THROUGH SITES): Prior to the issuance of any building permits and prior to approval of the final map , the owner shall dedicate public access easements (PAE), covenants, agreements, and deed restrictions on private property including: the full width of the service streets; the connection from the service street to the neighboring property at 500 Ferguson Drive; between the Market-Rate Residential South Lot 4 and the Market-Rate Residential North Lot 2; between the Market-Rate Residential South Lot 4 and BMR Residential Lot 3; and as needed for the on-site sidewalks shown on the tentative map. The dedication shall indicate that:
a. Public access shall be granted for nonautomotive use at all times;
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 shall fail 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 indemnify, 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: (1) the owner’s property; and (2) 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. All required materials shall be submitted electronically (i.e., flattened, reduced -size PDFs).
183. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 10’ wide public utility easement (PUE) along Middlefield Road and dedicate varying widths, as shown on the map, along Ferguson Drive project street frontage(s) for such use as sanitary sewer, water, storm drains, and other public utilities, including gas, electric, and telecommunication facilities, as required by the Public Works Director. Utility boxes and 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 or homeowners association shall maintain the surface improvements over the easement and must not modify or obstruct the easement area in a manner contrary to the intent of the easement.
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The dedication statement shall specify the PUE shall be kept free and clear of buildings and other permanent structures/facilities, including, but not limited to, the following: garages, sheds, carports, and storage structures; balconies and porches; retaining walls; C.3 bioretention systems; and private utility lines running longitudinally within the PUE.
184. STORM DRAIN EASEMENT: Dedicate a storm drain easement for the existing public storm drain main along the western property line, as required by the Public Works Director. The easement shall have a minimum width of 16’ and shall have a hard, drivable surface such as Grasscrete or asphalt concrete. The dedication statement shall specify the easement shall be kept clear of new trees, shrubs, and structures, with the exception of a proposed fence and its footings encroaching 1’ into the easement along the property line, and the p roperty owner shall maintain the vehicle surfacing over the easement. Existing trees within the easement may remain until they have reached the end of their tree life cycle. No new trees shall be planted within the storm drain easement.
185. PUBLIC WATER METER EASEMENT: Dedicate public water meter easement (WME) to construct, install, maintain, repair, replace, and operate water meters and appurtenances, as required by the Public Works Director.
186. PUBLIC SERVICE EASEMENT: Dedicate a public service easement (PSE) to the utility company(ies) for the proposed electric, gas, and telecommunication conduits and vaults serving the project.
187. PUBLIC UTILITY ACCESS EASEMENTS: Dedicate public utility access easements (PUAE), as necessary, for accessing on-site public utilities such as: along the VTA tracks for the public storm drain main access (width varies between 10’, 18’, and 20’); a 20’ wide segment running southeast to northwest from the service street; and the service street segments.
FEES AND PARK LAND
188. EAST WHISMAN DEVELOPMENT IMPACT FEE: For any project within the East Whisman Precise Plan, prior to the issuance of any building permits, the applicant shall pay the East Whisman Development Impact Fee for the development. Residential category fees are based on the number of each type of u nit. Office/R&D and Retail category fees are based on the net new square footage associated with these uses as part of the development. Hotel category fees are based on the number of rooms.
Credit is given for the existing square footage associated with office/R&D and/or retail site use(s), as applicable.
189. MAP PLAN CHECK FEE: Prior to the issuance of any building permits OR prior to approval of the 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 rates in effect at time of payment. The map plan check fee shall be paid at the time of the first map plan check submittal per the adopted fee in effect at time of payment.
190. PLAN CHECK AND INSPECTION FEE: Prior to the issuance of any building permits OR prior to approval of the final map, the applicant shall pay the plan check and inspection fee in accordance with Sections 27.60 and 28.36 of the City Code per the adopted rates in effect at time of payment.
An initial plan check fee based on the Public Works fee schedule shall be paid at the time of the first improvement plan submittal based on the initial cost estimate (Infrastructure Quantities) for constructing street improvements and other public faciliti es; public and private utilities and structures located within the public right -of-way; and utility, grading, and driveway improvements for common green and townhouse -type condominiums. 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.
191. TRANSPORTATION IMPACT FEE: Prior to the issuance of any building permits OR prior to the approval of the final map, the applicant shall pay the transportation impact fee per the Fiscal Year 2024 -25 Master Fee Schedule for the development.
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.
Prior to issuance of any building permits, the applicant shall pay the transportation impact fee for the development based on the Low Trip-Generating Use rate. To apply the Low Trip -Generating Use rate, the buildings shall be designed and built such
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that the buildings cannot be converted to a use capable of generating a larger number of trips except by major reconstruction.
A “Notice of Conditional Reduction of Transportation Impact Fee” shall be prepared by the City, and City shall have it recorded in the Santa Clara County Office of the Recorder. If a subsequent change in the use or structure of the buildings occurs whi ch may generate additional trips, the fee reduction granted shall be deemed revoked, subject to a hearing before the Zoning Administrator. Credit is given for the existing site use(s), as applicable.
192. WATER AND SEWER CAPACITY CHARGES: Prior to the issuance of any building permits, the applicant shall pay the water and sewer capacity fees per the Fiscal Year 2024 -25 Master Fee Schedule for the development. The water and sewer capacity charges for residential connections are based on t he 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.
193. PARK LAND DEDICATION FEE AND PARK LAND DEDICATION: Prior to the issuance of any building permits or prior to the approval of the final map, the applicant shall pay the Park Land Dedication Fee as described below.
The total amount of Park Land Dedication In-Lieu Fees for this project is $44,014,000, or $64,160 for each net new market-rate residential unit ($11.8 million/acre land valuation, 686 x $ 64,160/unit = $44,014,000) and dedicate in fee 22,651 square feet (approximately 0.52 acres) of POPA open space. The per unit fee value includes the credit for this POPA dedication. No cred it against the Park Land Dedication Fee is allowed for private open space and recreational facilities. The fee is based on the lowest fair market value per acre identified in the Fiscal Year 202 2-23 Master Fee Schedule ($ 11.8 million per acre) in effect at the time of application submittal.
194. PARK LAND CREDIT: Per Chapter 41 of the City Code, this project has been approved with a credit toward the park land requirements of the development, specifically:
• A 75% credit on the value of the land dedication or fee for providing a 0.52 -acre POPA open space, consistent with the general, term, and maintenance requirements per City Code Section 41.11. (a).
STREET IMPROVEMENTS
195. UTILITY PAYMENT AGREEMENT: Prior to the issuance of any building permits and prior to the approval of the final map, the applicant shall sign a utility payment agreement and post a security deposit made payable to the City as security if each unit or building does not have separat e sewer connections and water meters in accordance with Section 35.38 of the City Code. The utility payment agreement shall include provisions to have the security transferred from the applicant to the homeowners association (HOA), but still made payable to the City, when the HOA is formed for the subdivision.
196. PUBLIC IMPROVEMENTS: Install or reconstruct standard public improvements required for the project and as required by Chapters 27 and 28 of the City Code.
These public improvements include, but are not limited to: storm, sewer, and water improvements within the public right -of- way; undergrounding of existing and proposed overhead services; new driveways; new curbs and gutters; new directional curb ramps; new sidewalk and planter strip; street trees; removal and replacement of striping and markings; relocation of traffic signal facilities out of the sidewalk; traffic signal upgrade; crosswalks at Middlefield Road/Logue Avenue and Middlefield Road/Ferguson Drive; and streetlights. Sidewalk and planter strip shall be per the East Whisman Precise Plan : 8’ detached sidewalk and a 6’ planter strip along Middlefield Road, and 5’ detached sidewalk and 5’ planter strip along Ferguson Drive.
a. Improvement Agreement: Prior to the issuance of the building permit or approval of the final map, the property owner must sign a Public Works Department improvement agreement for the installation of the public improvements.
b. Bonds/Securities: Prior to the issuance of any building permits or approval of the final map, the property owner must sign a Public Works Department faithful performance bond (100% of Infrastructure Quantities) and materials/labor bond (100% of Infrastructure Quantities), or provide a cash deposit (100% of Infrastructure Quantities), or provide a letter of
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credit (150% of Infrastructure Quantities) securing the installation and warranty of the off -site improvements in a form 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/suretyBnd/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.
c. Insurance: Prior to the issuance of any building permits or approval of the final map, the property owner must 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 agreeme nt. The insurance coverage amounts are a minimum of Two Million Dollars ($2,000,000) Commercial General Liability, One Million Dollars ($1,000,000) Automobile Liability, One Million Dollars ( $1,000,000) Contractors’ Pollution Liability, and One Million Dollars ($1,000,000) Workers’ Compensation. The insurance requirements are available from the Public Works Department.
197. INFRASTRUCTURE QUANTITIES: For projects with off-site improvement plans, upon first submittal of the building permit and improvement plans, submit a construction cost estimate indicating the quantities of street and utility improvements.
Construction cost estimate shall include private common street and utility improvements for Common Green and Townhouse- Type Condominium developments. The construction cost estimate is used to estimate the cost of street and utility improvements and to determine the Publi c Works plan check and inspection fees. The construction cost estimate is to be prepared by the civil engineer preparing the improvement plans.
198. EXCAVATION PERMIT: For projects with any work within the public right -of-way, upon first submittal of the 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 Depar tment. Permit applications are available online from the Public Works Department website at:
www.mountainview.gov/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.
199. 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, Plan Review Checklist, and the conditions of approval of the projec t.
The plans are to be drawn on 24”x36 ” 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 latest edition of the Californi a Manual of Uniform Traffic Control Devices (CA MUTCD) for work that impacts traffic on existing streets. Construction management plans of on-site parking for construction equipment and construction workers and on-site material storage areas must be submitted for review and approval and shall be incorporated into the off -site improvement plans identified “For Reference Only.”
Off-site improvement plans, an initial plan check fee and map plan check fee based on the Public Works fee schedule, Improvement Plan Checklist, and items noted within the checklist 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, reduced-size 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, two full -size and two half -size black-line set, one PDF of the signed/stamped plan set, and a USB flash drive w ith CAD file and PDF must be submitted to the Public Works Department prior to the issuance of the building permit or approval of the final map.
200. TRAFFIC CONTROL PLANS: For projects with any work within the public right-of-way, upon first submittal of the building permit and improvement plans, the applicant shall submit traffic control plans for any off -site and on-site improvements or any work that requires temporary l ane closure, shoulder closure, bike lane closure, and/or sidewalk closure for review and approval.
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Sidewalk closures are not allowed unless reconstruction of sidewalk necessitates temporary sidewalk closure. In these instances, sidewalk detour should be shown on the Traffic Control plans. Traffic control plans shall show and identify, at a minimum, work areas, delineators, signs, and other traffic -control measures required for work that impacts traffic on existing streets and shall be prepared in accordance with the latest edition of the California Manual of Uniform Traffic Control Devic es (CA MUTCD) and the latest City standards. A completed Traffic Control Checklist shall be included with each traffic control plan submittal. Traffic-control plans shall be prepared, stamped, and signed by a California -registered Traffic Engineer (T.E.).
201. CONSTRUCTION MANAGEMENT PLAN: Upon first submittal of the building permit and improvement plans, the applicant shall provide a construction traffic and parking management plan with the building plans and within the improvement plans identified “For Reference Only —See Building Permit P lans.” The plan must be approved prior to the issuance of a building permit, including demolition permits. The plan must show the following:
1. 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 Parking: 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 trailers shall be l ocated 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 pu blic 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;
3. Sidewalks: Sidewalk closure or narrowing is not allowed during any on -site construction activities; and
4. Traffic Control and Detour Plans: Submit traffic control plans, including detour plans, when on -site improvements and phases of the construction management plan require temporary roadway, lane, shoulder, and/or bike lane closure.
Provide pedestrian detour plans 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 will be required prior to the issuance of the building permit.
202. TIE-BACK ENCROACHMENTS: Temporary tie-backs or earthen nails for construction purposes require a separate Encroachment Agreement, plat and legal description, and bond (100%), letter of credit (100%), or cash security (100%) securing the installation and warranty of the temporar y tie-backs. The Encroachment Agreement shall be prepared, executed, and fees paid prior to the issuance of the building permit.
203. CORNER STREET SIGHT TRIANGLE: 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 to the satisfaction of the Public Works Director. The project will be required to remove or modify all objects, including, but not limited to landscape, hardscape, monument signs, poles, posts, mailbox banks/cluster, planters, retaining walls, seat walls, artwork, bicycle racks, parking stalls, etc., that are not compliant with safety triangle height and clearance requirements. Benches, tables , and chairs shall not be installed in this safety area.
204. DRIVEWAY SIGHT TRIANGLE: Within the pedestrian and/or vehicle traffic safety sight triangle(s), for the project site and adjacent properties, the site shall be compliant with height and clearance requirements per the Public Works Standard Details and to the satisfaction of the Public Works Director. The project is required to remove or modify all objects, including, but not limited to, landscape, hardscape, poles, bollards, miscellaneous structures (including columns), signs, mailboxes, planters, retaining walls, seat walls, bic ycle racks, partitions, buildings, and other structures, parking stalls, etc., that are not compliant with safety triangle height and clearance requirements.
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205. PHOTOMETRIC ANALYSIS : Submit a photometric analysis for intersection of Middlefield Road and Logue Avenue, and Middlefield Road and Ferguson Drive. The analysis shall show all existing and/or proposed streetlights (show and identify pole height, arm length, and location). The analysis shall calculate the minimum, maximum, average illuminance values, and uniformity ratios for each crosswalk, shown separately. The project shall be required to install new streetlights or modify existing streetlights, as de termined by the City Traffic Engineer, to ensure locations are compliant with minimum lighting requirements per the latest City Standard Details. (City Standard Detail E -1A/E-1B.)
206. STREETLIGHTS: All existing City standard streetlights shall be replaced, and new City standard streetlights shall be installed along the project street frontage of Middlefield Road and Ferguson Drive per City standards. Streetlights shall be installed near crosswalks, driveways, intersections, or other locations deemed necessary by the City Traffic Engineer. All conduits, pullboxes, and wiring shall be removed, replaced, and upgraded along project street frontages. Appropriate clearances per PG&E requirements between existing overhead lines shall be provided where applicable.
207. TRAFFIC SIGNAL MODIFICATIONS: The existing traffic signal at Middlefield Road and Logue Avenue shall be modified to be a full eight-phase signal. The design of the modifications shall be to the satisfaction of the City Traffic Engineer.
208. TRAFFIC SIGNAL EQUIPMENT: Traffic signal equipment at the project corner of Middlefield Road and Logue Avenue, and Middlefield Road and Ferguson Drive, must remain at the existing grade and intact. If any of the traffic signal equipment (e .g., poles, cabinet, pullboxes, conduits , etc.) is touched (e.g., moved, damaged, or fails to remain at existing grade) by the project during any phase, it shall be redesigned and upgraded to the latest standards by the project to comply with current state and City requirements. Supplementary equipment will also be upgraded as needed. Traffic signal equipment at the Middlefield Road and Logue Avenue intersection (e.g., cabinet, processor, controller, video detection cameras, etc.) shall be upgraded to current City stand ards. Additionally, if new curb ramps result in inaccessible pedestrian push buttons (non -ADA), new pedestrian push button posts with new push buttons may be needed to comply with CA MUTCD design standards. The redesign of the traffic signal shall be to the satisfaction of the City Traffic Engineer.
209. TRAFFIC SIGNAL EQUIPMENT ON PRIVATE PROPERTY: Any traffic signal equipment in a location that will become private property must be relocated to the public right -of-way. This includes, but is not limited to, the traffic signal cabinet and pullboxes.
210. TRAFFIC SIGNAL OPERATIONS AND COORDINATION: The project contractor (contractor) shall set up a contract and account with the City’s traffic signal maintenance contractor (maintenance contractor). The contract shall be valid for the entire duration of the project. The contractor shall provide a copy of the executed contract prior to the issuance of any excavation or building permits.
The contractor shall be responsible for contacting the maintenance contractor for any traffic signal modifications or adjustments necessary to perform work, as noted in the traffic control plan(s). The contractor shall coordinate and schedule the time and date of traffic signal adjustments to be performed by the maintenance contractor prior to the commencement of any construction work at/near a signalized intersection. Work performed by th e maintenance contractor shall be paid by the contractor. If any damage occurs to the traffic signal at the intersection of Middlefield Road and Logue Avenue or Middlefield Road and Ferguson Drive, the contractor shall be responsible for all repair costs (labor and material) and coordination through the maintenance contractor. Any damage shall be reported to the maintenance contractor within one hour and requested as an emergency repair unless otherwise determined by the City Traffic Engineer. All repairs shall be consistent with the City’s contract and agreements with the maintenance contractor.
211. STREET OVERLAY AND/OR PAVEMENT RECONSTRUCTION: Half-street overlay (minimum 2” grind and overlay) and/or pavement reconstruction along the Middlefield Road and Ferguson Drive project street frontage shall be required to address the existing roadway conditions, multiple utility trenches, and impacts from the anticipated construction traffic. The extent of the grind and overlay shall also include areas with significant utility trench reconstruction. Existing street sections shal l be shown on the plans based on pavement section data obtained during potholing, and proposed street sections shall be designed in accordance with City Standards and design criteria. The specific areas of work shall be clearly identified and shown on t he plans.
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212. ROADWAY SIGNING, STRIPING, AND PAVEMENT MARKINGS: Signing and striping plans shall be prepared in accordance with the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD). All new striping and pavement markings shall be thermoplastic. All striping and markings damaged and/or removed as part of construction and pavement work shall be replaced with thermoplastic striping. The specific areas of work shall be clearly identified and shown on the plans to the satisfaction of the City Traffic Engineer.
213. HIGH-VISIBILITY CROSSWALK: Convert existing crosswalks on Middlefield Road at Logue Avenue and Middlefield Road at Ferguson Drive to a high -visibility thermoplastic ladder crosswalk with updated warning signs and pavement markings to the satisfaction of the City Traffic Engineer. A ny conflicting markings or signage shall be removed or relocated as directed by the City Traffic Engineer. The specific areas of work shall be clearly identified and shown on the plans.
214. “NO PARKING” ALONG PROJECT FRONTAGE: Street curbs along project frontage shall have “No Parking” signage, as determined and approved by the City Traffic Engineer. The specific areas of work shall be clearly identified and shown on the plans.
215. BIKE FACILITY ALONG PROJECT FRONTAGE/INTERSECTION: Green bike lane/bike crossings/skip boxes shall be installed along project frontage/intersection per the East Whisman Precise Plan. The specific areas of work shall be clearly identified and shown on the plans. The design of the enhancements shall be t o the satisfaction of the City Traffic Engineer.
216. PROJECT COORDINATION: This project shall coordinate with other proposed projects in the area if they were to occur at the same time including: the City’s “Complete Streets” street improvements along Middlefield Road (Project 22 -01) and State Route 237 and Middlefield Road In terchange Improvement Project (Project 19 -65). Should the City’s “Complete Streets” project be installed prior to the project’s public improvements along East Middlefield Road, the project shall be responsible for any repairs required to the “Complete Streets” due to the project’s construction.
217. STOP-CONTROLLED SITE EGRESS: All egress points to public streets or public easements shall be stop -controlled to address conflict points with pedestrians, bicyclists, and vehicles as they enter a public roadway. Stop -controlled egress shall include STOP signs, a limit line, and “STOP ” pavement marking(s). The specific areas of work shall be clearly identified and shown on the plans.
CURBS, SIDEWALKS, AND DRIVEWAYS
218. ADA RAMP REQUIREMENTS: All new access ramps shall comply with the Americans with Disabilities Act (ADA) requirements.
Existing nonconforming access ramps shall be reconstructed to comply with the ADA requirements. The specific ramp case type, ramp design, and limits of work shall be clearly identified and shown on the plans.
Due to project-generated pedestrian traffic and to improve accessibility, intersection curb ramps shall be reconstructed to be two-directional ramps.
219. DRIVEWAY APPROACH AND ADA SIDEWALK REQUIREMENTS: A minimum 4’ wide ADA-compliant public sidewalk shall be provided behind new and existing driveway approaches. Tapers (conforms) may be provided to connect the proposed public sidewalk on each side of the proposed driveway. The specific areas of work shall be clearly identified and shown on the plans.
220. CURB, GUTTER, SIDEWALK IMPROVEMENTS: Construct new curb, gutter, and sidewalk along the entire project frontages of Middlefield Road and Ferguson Drive per the East Whisman Precise Plan. This supersedes the plan set.
• The sidewalk shall be detached with a landscape strip and designed with a consistent 2% cross-slope from the top of the curb to back of the sidewalk and minimal grade breaks in the longitudinal slope of the curb line.
• Middlefield Road shall have an 8’ wide sidewalk with a 6’ wide landscape strip.
• Ferguson Drive shall have a 5’ wide sidewalk with a 5’ wide landscape strip.
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— There is approximately a 52’ segment along Ferguson Drive to save Tree Nos. 1363 and 1362, so this existing 5’ monolithic sidewalk segment will be replaced in kind per ADA standards in order to preserve the health of the existing trees. The sidewalk will transition to a 5’ detached sidewalk with a 5’ landscape strip on both sides of this segment. The specific limits of work shall be clearly identified and shown on the plans.
• New directional ramps shall be installed at the southwest corner of Middlefield Road and Ferguson Drive. This supersedes the plan set.
221. UTILITY BOX RELOCATION OUT OF SIDEWALK: Move existing utility boxes on Middlefield Road and Ferguson Drive out of the sidewalk and relocate to the Public Service Easement, landscape strip, or behind the back of the curb. Utility boxes must be located so they fit entirely within the utility ea sement, landscape strip, or behind the curb and shall not encroach into the sidewalk. The specific areas and limits of work shall be clearly identified and shown on the plans.
STREET TREES
222. STREET TREES: Install standard City street trees along the street frontage, including where there are gaps in the space of existing street trees.
223. 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 be an approved alternate by the City arborist. The applicant shall complete the “Proposed Street Tree” form available from the Planning Division online at www.mountainview.gov/planningforms. Once completed, the applicant shall email the original to the Parks Division at [email protected] and provide a duplicate copy to the Building Division with building permit submittal.
224. STREET TREE IRRIGATION: Street trees are to be irrigated by the property owner(s) in accordance with Chapter 32 of the City Code.
UTILITIES
225. POTHOLING: Potholing shall be completed prior to the first submittal of the building plans and improvement plans. Utilities shall be potholed to determine the depths and locations of existing subsurface utilities where improvements are proposed for construction, including, but not limited to, new utility crossings and installation of signal and streetlight pole foundation s.
Proposed pothole locations for signal pole foundations shall be approved by the City Traffic Engineer prior to potholing. Existing pavement sections shall also be recorded for all potholes. Obtain an Excavation Permit from the Public Works Department prior to performing potholing. Incorporate pothole data on the first submittal of improvement plans, including, but not limited to, pothole location, depth of utility, and pavement sections.
226. UTILITY RELOCATION: Existing utilities to be relocated as a result of the streetscape improvements, including, but not limited to, traffic signal poles, streetlights, utility boxes and structures, storm drains, and any other conflicts , shall be resolved during the design of off-site improvements in accordance with City Standards and design guidelines.
227. 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. All new services are required and shall be installed in accordance with City standards.
228. SEPARATE FIRE SERVICE: Domestic water and fire services shall have separate lines connected to the City’s water main, except when supplying NFPA 13D fire sprinkler systems, as approved by the City Fire Protection Engineer. On -site fire lines, post indicator valves, Fire Depar tment connections, and detector checks also require approval from the City’s Fire Protection Engineer.
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229. SEPARATE IRRIGATION SERVICE AND METER: A separate water service and water meter for irrigation will be required. The existing water service may be adequate to serve multiple meters, depending on size, and would require advance approval from the Public Works Director.
230. UTILITY SERVICES: The size and location of all existing and new water meters, backflow preventers, potable water services, recycled water services, fire services, sewer laterals, sewer cleanouts, storm drain laterals, storm cleanouts/inlets, gate valves, manholes, and utility mains shall be shown on the plans. Sewer laterals, potable water services, and fire services shall have a minimum 5’ horizontal separation from each other. Recycled water and potable water shall have a minimum 10’ horizontal separation from each oth er. New potable water and recycled water services shall have a minimum 5’ clearance from trees, and new sewer laterals shall have a minimum 10’ clearance from trees. Angled connections within service lines shall not be allowed. Utility profiles shall be required for all new services.
Existing water services shall be shown to be disconnected and abandoned at the main in accordance with City standards, unless they are satisfactory for reuse, as determined by the Public Services Division. Water services 4” or larger that are not reu sed shall be abandoned at the main by removing the gate valve and installing a blind flange and thrust block at the tee. Existing sanitary sewer laterals and storm connections that are not reused shall be abandoned, and existing face-of-curb drains that are not reused shall be removed.
231. BACKFLOW PREVENTER: Aboveground reduced -pressure backflow preventers are required for all new and existing City potable water and recycled water services. Backflow preventers shall be located directly behind the water meter or as reasonably close as possible at a location preapproved by the Public Services Division. Backflow prevention assemblies shall be conveniently located as close to the meter as feasible outside of buildings and are not allowed within buildings’ utility closets or basements. A minimum 3’ clearance shall be provided around each assembly for accessibility and maintenance. A minimum 1’ clearance shall be provided between the assembly and building face, as applicable. Protective covers and/or enclosures must be preapproved by the Cross-Connection Control Specialist prior to installation.
232. WATER AND SEWER APPLICATIONS: Upon first submittal of the building permit and improvement plans, the applicant shall submit complete applications for water and sewer service to the Public Works Department if new water services, water meters, fire services, or sewer laterals are required. Any unpaid water and sanitary sewer fees must also be paid prior to the issuance of any permits.
233. STORM DRAIN LATERAL: The construction of a new storm drain lateral to the City main, including new storm drain curb inlet, shall be required.
234. ON-SITE UTILITY MAINTENANCE: On-site water, sanitary sewer, and storm drainage facilities shall be privately maintained by the property owner(s) and shall be noted on the plans.
235. UNDERGROUNDING OF OVERHEAD SERVICES: All new and existing electric and telecommunication facilities serving the site are to be placed underground, including transformers. The undergrounding of the new and existing overhead electric and telecommunication lines is to be completed prior to the 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 lo cation from the street or to the general public, as approved by the Community Development and Public Works Departments.
236. UNDERGROUNDING OF OVERHEAD LINES: Underground existing overhead electric and telecommunication facilities fronting the property along Middlefield Road and/or within the division of land, unless waived by the City Council after consideration of the recommendation of the Public Works Direc tor due to unusual or impractical circumstances. The undergrounding work shall be constructed in conjunction with any applicable off -site improvements and completed prior to issuance of a Certificate of Occupancy for any new unit. All poles fronting the property and/or within the division of land shall be removed. If the undergrounding requirement is waived, the subdivider shall fulfill whatever substitute conditions the City shall impose prior to a final map approval. This supersedes the plan set.
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237. JOINT UTILITY PLANS: Upon first submittal of the building permit and improvement plans, the improvement plans shall include joint utility plans showing the location of the proposed electric, gas, and telecommunication conduits and associated facilit ies, including, but not li mited to, vaults, manholes, cabinets, pedestals, etc. Appropriate horizontal and vertical clearances in accordance with PG&E requirements shall be provided between gas transmission lines, gas service lines, overhead utility lines, street trees, streetlights, and building structures. These plans shall be combined with and made part of the improvement plans.
Joint trench intent drawings will be accepted at first improvement plan submittal. All subsequent improvement plan submittals shall include joint trench design plans. Dedicate utility easements that are necessary for the common utility on the final map.
RECYCLED WATER—GENERAL
238. RECYCLED WATER 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.
239. RECYCLED WATER FEES AND COSTS: The project applicant shall be responsible for paying all applicable costs and fees in accordance with the rates in effect at the time, as part of the approval of any recycled water project, prior to the issuance of any building permits.
240. RECYCLED WATER PLANS: Upon first submittal of the building permit and improvement plans, the applicant shall prepare recycled water plans in accordance with the City’s Customer Guidelines for Recycled Water Use (Guidelines). 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, irrigation, plumbing, and/or mechanical), which will be reviewed by the City and State.
241. PIPELINE MATERIAL: Recycled water PVC‐Constant pressure lines 1‐1/2” or smaller in size shall be Schedule 40; 2’’ or larger in size shall be Class 315 or C900 Class 200 DR14. Recycled water PVC‐Intermittent pressure lines shall be Schedule 40 or Class 200. Below-grade copper pipe shall be Type “K.” Copper pipes for dual plumbing shall be Type “L” or “K.”
242. PIPELINE DEPTH, SEPARATION, AND MARKING: New parallel potable and recycled water pipelines for irrigation and dual plumbing shall have a minimum 4’ horizontal separation on-site and 10’ separation off-site. New crossing potable and recycled pipelines shall have a minimum 12” vertical separatio n. All new buried pipelines shall be purple‐colored and labeled “CAUTION—RECYCLED WATER.” Existing buried pipelines that will be converted to recycled water need not be marked unless the pipelines become exposed.
243. DUAL-PLUMBED BUILDING OUTSIDE SERVICE AREA: The project will be constructed outside the current recycled water service area. Dual -plumbing service shall be supplied by potable water until the recycled water supply is available in the area.
Improvement plans and building permit plans (i.e., plumbing plans) shall indicate dual-plumbing, and irrigation meters shall be connected to a “temporary” potable water service until recycled water is available to the site. All components related to th e dual-plumbing and irrigation services from the potable water main up to and including the meters shall be installed conforming to the City’s potable water standards.
244. ADVISORY SIGNS AND TAGS: Recycled water advisory signs shall be located at water features, ends of streetscapes and medians, vehicular, bicycle, and pedestrian entrances entering recycled water use areas, and in indoor rooms supplied with recycled water. Identification tags are required on all recycled water and potable water appurtenances.
245. PRECONSTRUCTION MEETING: The City’s Public Services Division —Recycled Water staff shall be invited to attend any preconstruction meeting held by the project contractor(s) to provide requirements on the installation of the recycled water system and to ensure the Special Inspector is present for all recycled water -related work.
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246. RECYCLED WATER CROSS -CONNECTION CONTROL SPECIALIST INSPECTION(S): The owner/developer is required to hire a certified AWWA Cross -Connection Specialist to perform the construction inspection of all on -site recycled water systems pursuant to the approved plans. A copy of the signed contract between the owner/applicant and Specialist must be submitted to the City along with the scope of work. This inspection must occur during construction and is separate from the cross - connection testing. The following not e shall be clearly shown on the first sheet of the recycled water permit plans (i.e., landscape/irrigation, plumbing, mechanical, or civil plans): “Any installation for recycled water is required to have a Spec ial Inspection by a certified AWWA Cross-Connection Specialist to ensure that the on-site recycled water system was constructed per the approved plans and specifications.” The Specialist shall submit a report/checklist to the Public Services and Buildi ng Divisions verifying the on -site recycled wate r system was constructed per the approved plans and specifications. Receipt of the inspection report/checklist is required prior to connection of the recycled water meter and building permit final.
247. CROSS-CONNECTION TESTING: After confirmation of the special inspection, a cross -connection test is required prior to receiving recycled water. The following note shall be clearly labeled on the first sheet of the recycled water permit plans: “A cross-connection test is required prior to receiving recycled water.” The cross-connection test will be performed by the City or the City’s representative and must be performed prior to connection of the recycled water meter and building permit final.
248. SITE SUPERVISOR: The owner/developer is required to identify a Site Supervisor who has been trained by City staff or will undergo training prior to obtaining final permit approval. The Site Supervisor can be the maintenance contractor in charge of operating and maintaining the recycled water systems. The Site Supervisor must be present for the cross -connection test(s).
Every year, the Site Supervisor must perform a visual inspection of the recycled water systems and submit an Annual Site Inspection Report to the City. For more information, refer to the City’s Customer Guidelines for Recycled Water Use. Provid e to the City: (a) Contact information of the Site Supervisor; and (b) Proof of Completion of Site Supervisor Training with the City’s Public Services Division—Recycled Water staff.
RECYCLED WATER—DUAL PLUMBING
249. DUAL-PLUMBED BUILDINGS: Pursuant to the Mountain View Green Building 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.
250. EQUIPMENT ROOM: A dedicated equipment room shall be provided within the building for future dual -plumbing on -site backup water supply. The space provided shall fit a break tank and booster pump. It is the applicant’s responsibility to determine sizing needs of future equipment based on plumbing demands of the project.
With the first building permit submittal, plans shall include a dedicated equipment room and equipment (i.e., break tank and booster pump). Design shall be reviewed and approved by the CDDW. Depending on when building permits are issued and if the site is located within the City’s recycled water service area, equipment installation may or may not be required at that time.
251. DUAL PLUMBING ENGINEERING REPORT: For dual-plumbed recycled water systems, the Engineering Report shall adhere to California Code of Regulations Title 22, Section 60314, and must include a detailed description of intended use area, plans, specifications of the piping system and on-site backup tank, and the method to be used by the recycled water agency to ensure that cross-connection between the recycled water and potable water piping system will not occur.
With the first building permit submittal, provide to the City’s Public Services Division one (1) electronic copy in PDF file format of the Engineering Report for Recycled Water plan review; and, concurrently, submit the following to the Division of Drinkin g Water (DDW) in Richmond, California, for State review. Coordinate with the City’s Recycled Water staff prior to DDW drop-off for security clearance: (a) one (1) hard copy of the Engineering Report; and (b) one (1) USB with the Engineering Report in PDF file format, sealed, and marked: “ATTENTION: VAN TSANG, DIVISION OF DRINKING WATER.”
252. DUAL PLUMBING ON-SITE BACK-UP WATER SUPPLY: Sites using recycled water for toilet and urinal flushing are required to have an on-site backup water supply connection by the City. If recycled water is used for purposes other than toilet and urinal
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flushing, then an on -site backup water supply may be installed at the discretion of the customer. The on -site backup must adhere to all applicable codes and regulations and must be equipped with an air gap to prevent cross-connection between the potable and recycled water systems.
253. DUAL PLUMBING PLANS: For dual-plumbed recycled water systems, prepare a set of plans with proposed piping system to be used, pipe locations of both recycled and potable systems, type and location of the outlets and plumbing fixtures that will b e accessible to the public, and the methods and devices to be used to prevent backflow of recycled water into the public water system. NOTE: The Division of Drinking Water does NOT allow recycled water piping inside or near food processing facilities and restaurants. Design all recycled water lines as far away from food facilities as possible.
With the first building permit submittal, provide to the City’s Public Services Division one (1) electronic copy in PDF file format of a recycled water plan package with all recycled water systems included (i.e., civil, irrigation, plumbing, and/or mechani cal) for Recycled Water plan review; and, concurrently, submit the following to the Division of Drinking Water (DDW) in Richmond, California, for State review. Coordinate with the City’s Recycled Water staff prior to DDW drop off for security clearance: (a) one (1) hard copy of Recycled Water Plan set. This plan set should include any plans associated to the use of recycled water , including, but not limited to, landscape, irrigation, civil, and plumbing marked: “ATTENTION: VAN TSANG, DIVISION OF DRINKING WATER.” Exclude sheets not related to recycled water (e.g., architectural, electrical, etc.); and (b) one (1) USB with electronic copies of the Recycled Water Package, in PDF file format, sealed, and marked: “ATTENTION: VAN TSANG, DIVISION OF DRINKING WATER.” This electronic set shall include all plans and reports that are included in building and excavation permit packages. Include all sheets that may have been excluded from Item 1 above.
254. STATE DIVISION 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)
255. DRAINAGE PLANS: On-site drainage plans shall be included in the building plans.
256. DRAINAGE REQUIREMENTS: On-site parking lots and driveways (other than single -family residential) shall not surface -drain across public sidewalks or driveway aprons. Storm drain laterals from the site shall be installed with a property line inlet or manhole and connect to existing storm drain manholes or curb inlets if at all possible.
257. STORM DRAIN SERVICE CONNECTION: The proposed new storm drain line from the on-site storm system shall be designed to connect perpendicular to the new storm drain curb inlet and with a property line inlet per City Standards.
258. UNDERGROUND PARKING GARAGE: Drainage from underground parking garages shall be directed to the sanitary sewer system. Sanitary sewer laterals shall be equipped with backwater devices. If any portions of the garage ramps or parking garage are uncovered, drainage from those uncovered portions shall be directed to the storm drain system.
259. SURFACE WATER RELEASE: Provide a surface stormwater release for the lots, driveways, alleys, and private streets that prevents the buildings from being flooded in the event the storm drainage system becomes blocked or obstructed. Show and identify path of surface water release on the grading and drainage plans.
260. 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 final map.
261. 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 se wer surcharges or blockages that may result in on -site damage prior to approval of the building permit or final map.
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SOLID WASTE AND RECYCLING
262. RECOLOGY MOUNTAIN VIEW: The applicant/contractor must be in compliance and shall include the following as a note on the building permit and improvement plans: “Recology Mountain View is the City’s exclusive hauler for recycling and disposal of construction and demolition debri s. For all debris boxes, contact Recology. Using another hauler may violate City Code Sections 16.13 and 16.17 and result in code enforcement action.”
263. MOUNTAIN VIEW GREEN BUILDING CODE/CONSTRUCTION AND DEMOLITION ORDINANCE: If this project is subject to the requirements of the Mountain View Green Building Code, a Construction and Demolition Waste Management Plan shall be submitted with the building permit application and approved by the Public Works Solid Waste and Recyclin g Division prior to the issuance of a building permit. A Final Construction and Demolition Waste Management Plan shall be submitted and approved prior to final inspection.
264. TRASH ROOMS AND/OR ENCLOSURES: Trash rooms and/or enclosures shall be used only for trash, recycling, and compost containers and shall not be used for storage at any time. Access door to the trash facility shall be clearly labeled “Trash Room.”
265. TRASH ENCLOSURE DESIGN AND DETAILS: Specify the plans sheets in the building permit plans addressing the following conditions:
Include trash plan sheet and enclosure details on a separate sheet in the initial building plans.
The property must have trash, recycling, and organics/composting service. On the plans, display the trash room layout, location, and dimensions to scale with the minimum service levels indicated below.
Commercial—Office Trash Room Level 1 (277,600 square feet) and Staging
Two 4 -yard trash compactor bins or three 3 -yard noncompacted trash bins, five 3 -yard mixed recycling bins or two paper recycling compactor bins and noncompacted mixed recycling bins, and three 2 -yard compost bin.
The trash room must have adequate space in front of the bins for user access to load material if there are multiple tenants with access to dispose of their trash as opposed to only property maintenance staff transporting waste and managing the room.
Recology will not roll out compactor bins from the trash room. Property maintenance must bring compactor bins from the trash room, place the containers at the staging area, and remove them promptly after collection.
The staging area shall have a concrete stress pad designed to withstand the weight of a 60,000-pound collection vehicle. The staging area must be large enough to fit all collection bins with placement of bins in such a way that the driver does not ha ve to move other bins to access the ones they are collecting. The final location and design shall be approved by the Solid Waste Program prior to building permit issuance.
Backing mirrors may be required to assist the collection vehicle in making the three-point turn to exit and shall be determined during the building plan review. A minimum 15’ vertical clearance shall be maintained for the overhang.
The staging area must be fully accessible to the hauler and not in conflict with other uses such as the loading zone. If this space is shared, the property shall only allow loading uses at times that do not conflict with trash collection.
The office trash utility account shall be under one account holder regardless of their being multiple commercial tenants.
Commercial—Building 1 Retail Trash (2,450 square feet)
Two 2-yard trash, three 2-yard recycling, and four 64-gallon compost.
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Residential Market Rate: Building 1
Building 1A
Four 3-yard trash, two 3-yard paper recycling, two 3-yard container recycling, and two 2-yard compost.
The vestibules require a three-chute system consisting of one trash chute and two recycling chutes (containers and paper collected in different chutes) and a compost slim jim. Property maintenance must empty the slim jim weekly into compost collection carts in the ground-floor trash room.
Building 1B
Four 3-yard trash, two 3-yard paper recycling, two 3-yard container recycling, and two 2-yard compost.
The vestibules require a three-chute system consisting of one trash chute and two recycling chutes (containers and paper collected in different chutes) and a compost slim jim. Property maintenance must empty the slim jim weekly into compost collection carts in the ground-floor trash room.
Retail Trash and Market-Rate Building 1A/1B Staging Room
The room shall measure approximately 31’ x 28’.
There shall be separate designated spaces for the retail and residential collection bins/carts to avoid contamination issues. It is recommended that: (1) for the retail waste location to be closest to the pedestrian door and the residential on the opposite end; or (2) a physical barrier (e.g., low chain -link fence with gate) placed between the waste areas to designate between residential and commercial uses.
Site property maintenance shall transport bins from Market-Rate Building 1A/1B to the Retail Trash Room and Staging Room.
The driveway approach must have a concrete stress pad designed to withstand the weight of a 60,000-pound collection vehicle.
This driveway/staging area must be large enough to fit all 15 collection bins with placement of bins in such a way that the driver does not have to move other bins to access the ones they are collecting.
Compost carts shall be placed at the curb for collection and will not go in the staging area. Site property maintenance shall remove these carts from the curb and bins from the staging area promptly after service.
Residential Market Rate: Building 2
Building 2A
Three 3-yard trash, two 3-yard paper recycling, two 2-yard container recycling, and one 2-yard compost.
Each vestibule shall have a three-chute system for trash and dual-stream recycling. A slim jim for compost shall be emptied by property maintenance into the compost collection carts in residential trash room north.
Building 2B
Three 3-yard trash, two 3-yard paper recycling, two 2-yard container recycling, and one 2-yard compost.
Each vestibule shall have a three-chute system for trash and dual-stream recycling. A slim jim for compost shall be emptied by property maintenance into the compost collection carts in residential trash room north.
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Building 2A/2B Trash Staging
The staging room shall measure approximately 32’ x 23’.
The driveway approach must have a concrete stress pad designed to withstand the weight of a 60,000-pound collection vehicle.
Property maintenance must bring trash containers from the trash room, place the containers at the staging area, and remove them promptly after collection. This driveway/staging area must be large enough to fit all collection bins with placement of bins in such a way that the driver does not have to move other bins to access the ones they are collecting.
On the building plans, provide “No Parking” signs so residents do not use this driveway for move-in and block hauler access to the trash bins.
Residential Below-Market-Rate (BMR)
BMR Building Main Trash
Three 3-yard trash, two 3-yard paper recycling, two 3-yard container recycling, and two 2-yard compost.
The vestibules require a three-chute system consisting of one trash chute and two recycling chutes (containers and paper collected in different chutes) and a compost slim jim. Property maintenance must empty the slim jim weekly into compost collection carts in the ground-floor trash room.
BMR Building Ground-Floor Trash Closet
One 96-gallon trash, one 96-gallon paper recycling, one 96-gallon container recycling, and one 64-gallon compost. These toter carts shall be customer -owned and must be the following colors: black ( trash), blue (paper), blue (containers), and green (compost). Property maintenance is responsible for emptying the contents of these carts daily into the main trash terminal room bins for the BMR building.
BMR Trash Staging Area
The staging area must have a concrete stress pad designed to withstand the weight of a 60,000-pound collection vehicle.
This staging area must be large enough to fit all collection bins with placement of bins in such a way that the driver does n ot have to move other bins to access the ones they are collecting.
Property maintenance must bring trash containers from the trash room, place the containers at the staging area, and remove them promptly after collection.
In addition, the staging area must be fully accessible to the hauler and not in conflict with other uses such as the loading zone/move-in area. If this space is shared, the property shall only allow loading uses at times that do not conflict with trash collection.
Other Design Elements:
• Provide a detail sheet displaying signage in the residential trash vestibule rooms. Each chute/container must be labeled for trash, paper recycling, container recycling, and compost with eye-level signage installed directly above. Chute clean- outs on the top floor that do not allow placement of eye -level signage above the chute door shall have custom signs installed directly on the chute doors. All trash rooms and chute vestibules must have signage with sorting instructions according to the City’s programs and all signage approved by the Solid Waste Program prior to installation.
• Each resident upper-floor chute vestibule requires sufficient space for compost receptacles (e.g. , slim jims) or carts for resident use and should be noted on the plans.
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• In trash rooms, install light switch above height of a 3-yard bin (5’2”) so it is accessible.
• Trash room doors require minimum of 6’ width and roll-up doors with keypad access.
• Maintain 1’ between bins, interior curbs , and walls in trash rooms. If there is no interior berm or curb, it shall have bumpers on the walls to avoid damage from bins hitting it.
• Trash room chutes require a locking mechanism to secure closed at ground level when bins are removed from underneath for servicing (note on building plans). On collection days, remove all bins scheduled for pickup from under chutes and place in the trash staging rooms in such a way as to allow easy access by the hauler. The hauler will not move bins out of the way in order to access the ones they are collecting.
• Compactor bins, which are customer -owned, shall be color -coded to match the appropriate material types: gray for trash, blue for recycling, and green for compost. The final building plans must note the bin product order specifications, including the colors indicated for each waste stream.
• Property management shall provide 60 days’ notice, prior to occupancy, to the City’s waste hauler to set up collection services and allow time to procure all equipment. For the purchase of the property’s own equipment, proof of purchase along with an installation date must be provided during building plan review. All equipment (e.g., compactors, containers, towing mechanisms, etc.) must be in place prior to a Certificate of Occupancy (temporary or final) being granted.
• The path of travel to roll out the trash bins/carts to the staging areas for service must be flat and smooth. Bins will not be rolled over pavers or stamped surfaces. Provide a minimum 6’ wide pathway for the site maintenance to pull bins from the trash rooms to the staging areas.
• Trash rooms are for collection containers only and not for other storage and shall be labeled “Trash Room.”
• Any movement of bins over 30’ is subject to hauler rollout fees. Current rollout fee is $0.75 per foot per container per month.
• Maintain overhead clearances of 15’ in travelway and 22’ at the point of collection.
CONSTRUCTION ACTIVITIES, NOTES, AND OTHER APPROVALS
266. SOIL AND GROUNDWATER CONTAMINATION: The applicant/contractor is advised the project site is located in, or in close proximity to, an area of known soil and groundwater contamination. The applicant/contractor is responsible for working with the lead regulatory agency to obtain the appropriate clearances and/or recommendations for work in the contaminated area.
267. CONSTRUCTION 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.
268. 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 bui lding permit approval, submit a copy of the approved Caltrans Encroachment Permit to the Public Works Department.
269. SANTA CLARA VALLEY WATER DISTRICT WELLS: Santa Clara Valley Water District (Valley Water) requires the following note to be labeled on the building and improvement plans: “While the Santa Clara Valley Water District (Valley Water) has records
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for most wells located in the County, it is always possible that a well exists that is not in Valley Water’s records. If pre viously unknown wells are found on the subject property during development, they must be properly destroyed under permit from Valley Water or registered with Valley Water and protected from damage.”
270. STREET CLEANING: The owner/developer shall comply with and include the following note on the off-site, or grading/drainage, or utility plans: “The prime contractor or developer is to hire a street cleaning contractor to clean up dirt and debris fro m City streets that ar e attributable to the development’s construction activities. The street cleaning contractor is to have the capability of sweeping the streets with both a broom-type sweeper and a regenerative air vacuum sweeper, as directed by the Public Works Director or designated representative.”
271. OCCUPANCY RELEASE (RESIDENTIAL): The owner/developer shall comply with and include the following note on the off -site or grading/drainage or utility plans: “For residential developments, no residential units will be released for occupancy unl ess the improvements to be constructed to Ci ty standards and/or to be accepted for maintenance by the City, including water meters and sanitary sewer cleanouts as well as trash rooms and/or enclosures, are substantially complete per the City of Mountain View Standard Provisions for Public Works construction. The Public Works Director shall make the determination of what public improvements are substantially complete.”
And, include a note: “For phased developments, portions of the units may be released for occupancy, at the City’s sole discretion, provided that all public and private improvements (such as, but not limited to, improvements to allow circulation for trash-collection vehicles), conditions of approval, and Building Code requirements that are necessary to support the units to be released for occupancy have been completed, as determined by the City. When all of the improvements are complete and/or ready for acceptance for maintenance by the City Council, the remaining units may be released for occupancy, provided that all other conditions of approval and Building Code requirements have been met.”
272. OCCUPANCY RELEASE (COMMERCIAL): The owner/developer shall comply with and include the following note on the off -site or grading/drainage or utility plans: “For commercial and office developments, no buildings will be released for occupancy until the off-site improvements to be constructed to City Public Works standards and/or accepted for maintenance by the City are complete and ready for acceptance.”
Fire and Environmental Protection Division—650-903-6378 or [email protected]
ENVIRONMENTAL SAFETY
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.
273. STORM DRAIN/SANITARY SEWER PLAN CHECK SHEET: Complete a “Storm Drain/Sanitary Sewer Discharges” check sheet. All applicable items in the check sheet should be completed and shown on the building plan submittal.
274. STATE OF CALIFORNIA CONSTRUCTION GENERAL STORMWATER PERMIT: A “Notice of Intent” (NOI) and “Stormwater Pollution Prevention Plan” (SWPPP) shall be prepared for construction projects disturbing one (1) acre or more of land. Proof of coverage under the State General Construction Activity Stormwater Permit shall be attached to the building plans.
275. CONSTRUCTION BEST MANAGEMENT PRACTICES: All construction projects shall be conducted in a manner which prevents the release of hazardous materials, hazardous waste, polluted water, and sediments to the storm drain system. Refer to SCVURPPP’s Construction Best Management Practices (BMPs) sheet f ound at https://scvurppp.org/pdfs/ 1415/SCVURPPP_Countywide_Program_BMP_Plan_Sheet_041615.pdf .
276. CONSTRUCTION SEDIMENT AND EROSION CONTROL PLAN: The applicant shall submit a written plan acceptable to the City which shows controls that will be used at the site to minimize sediment runoff and erosion during storm events. The plan should 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)
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stabilized rock/gravel driveways at points of egress from the site; and (g) vegetation, hydroseeding, or other soil stabiliza tion methods for high-erosion areas. The plan should also include routine street sweeping and storm drain catch basin cleaning.
277. ENGINEERED DRAWINGS: Treatment systems and/or porous pavement, pavers, and other uncompacted surfaces require engineered drawings.
278. SWIMMING POOLS, SPAS, AND FOUNTAINS: Swimming pools, spas, and fountains shall be installed with a sanitary sewer cleanout in a readily accessible nearby area to allow for draining.
279. LOW-USE ACCESS AREA DRAINAGE: Low-use public access areas, such as overflow parking, emergency access roads, and alleys, shall be designed to increase stormwater infiltration and decrease runoff by one or more of the following methods: (a) porous pavement; (b) pavers; (c) uncompacted bark/gravel; or (d) drain to landscaped areas or vegetative strips.
280. LANDSCAPE DESIGN: Landscape design shall minimize runoff and promote surface filtration. Examples include: (a) no steep slopes exceeding 10%; (b) using mulches in planter areas without ground cover to avoid sedimentation runoff; (c) installing plants with low water requirements; and (d) installing appropriate plants for the location in accordance with appropriate climate zones. Identify which practices will be used in the building plan submittal.
281. EFFICIENT IRRIGATION: Common areas shall employ efficient irrigation to avoid excess irrigation runoff. Examples include:
(a) setting irrigation timers to avoid runoff by splitting irrigations into several short cycles; (b) employing multi -programmable irrigation controllers; (c) employing rain shutoff devices to prevent irrigation after significant precipitation; (d) use of drip irrigation for all planter areas which have a shrub density that will cause excessive spray interference of an overhead syste m; and (e) use of flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. Identify which practices wi ll be used in the building plan submittal.
282. FIRE SPRINKLERED BUILDINGS: New buildings that will have fire sprinkler systems shall be provided with a sanitary sewer drain in a protected area, which can adequately accommodate sprinkler water discharged during sprinkler system draining or activation of the inspector test valve. Show the location and provide a detail of the fire sprinkler drain on the plans.
283. PRIVATE STREET MAINTENANCE: For residential projects with private streets, the following ongoing maintenance shall be provided: (a) private streets shall be swept at least four times per year; (b) private storm drain inlets shall be cleaned a t least once per year prior to October 15; and (c) common area trash management and litter control. Attach a copy of the contract or maintenance agreement identifying the name, address, and phone number of the party carrying out these maintenance activities.
284. PRIVATE STORM DRAIN INLET STENCILING: For residential subdivisions with private streets, storm drain inlets shall be labeled in accordance with the City’s storm drain inlet label program (“No Dumping, Flows to Bay”).
285. OUTDOOR STORAGE AREAS (INCLUDING GARBAGE ENCLOSURES): Outdoor storage areas (for storage of equipment or materials which could decompose, disintegrate, leak, or otherwise contaminate stormwater runoff), including garbage enclosures, shall be designed to prevent the run -on of stormwater and runoff of spills by all of the following: (a) paving the area with concrete or other nonpermeable surface; (b) covering the area; and (c) sloping the area inward (negative slope) or installing a berm or curb around its perimeter. There shall be no storm drains in the outdoor storage area.
286. PARKING GARAGES: For multiple -level parking garages, interior levels shall be connected to an approved wastewater treatment system discharging to the sanitary sewer. Exterior drains exposed to stormwater (including trench drains at lower ends of entrance/exit ramps and th e top story of uncovered parking garages) shall be plumbed to the on -site stormwater treatment system (for C.3 regulated projects) or to the storm collection system .
287. STORMWATER TREATMENT (C.3): This project will create or replace more than ten thousand (10,000) square feet of impervious surface; therefore, stormwater runoff shall be directed to approved permanent treatment controls as described in the City’s guidance document entitled, “Stormwate r Quality Guidelines for Development Projects.” The City’s guidelines also
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describe the requirement to select Low -Impact Development (LID) types of stormwater treatment controls; the types of projects that are exempt from this requirement; and the Infeasibility and Special Projects exemptions from the LID requirement.
The “Stormwater Quality Guidelines for Development Projects” document requires applicants to submit a Stormwater Management Plan, including information such as the type, location, and sizing calculations of the treatment controls that wil l be installed. I nclude three stamped and signed copies of the Final Stormwater Management Plan with the building plan submittal. The Stormwater Management Plan must include a stamped and signed certification by a qualified Engineer, stating that the Stormwater Management Plan complies with the City’s guidelines and the State NPDES Permit. Stormwater treatment controls required under this condition may be required to enter into a formal recorded Maintenance Agreement with the City.
288. 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). A lis t of qualified engineers is available at the following link: https://scvurppp.org/wp-content/uploads/2022/12/SCVURPPP-Qualified-Consultants-List- Memo_December-2022.pdf.
289. 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. The full -trash captur e device must be selected from the list of State Water Board -approved devices:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/trash_implementation.html . 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 incl ude details for the installation of the trash capture system(s) in the building plans for the project.
290. 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. The full -trash capture device must be selected from the list of State Water Board-approved devices: https://www.waterboards.ca.gov/water_issues/ programs/stormwater/trash_implementation.html. 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 detail s for the installation of the trash capture system(s) in the building plans for the project.
291. BUILDING DEMOLITION PCB CONTROL: Non-wood 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.
292. PLAN REVIEW AND PERMIT INSPECTION SERVICE FEES: Plan review and permit inspection services are subject to fees. An invoice will be issued for plan review and inspections and a receipt verifying fee payment will be required prior to final Building plan approval.
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HAZARDOUS MATERIALS
For more information, materials, and worksheets, contact the Fire and Environmental Protection Division of the Fire Department online at http://www.mountainview.gov/fep or by phone at 650-903-6378.
293. HAZARDOUS MATERIALS: If hazardous materials will be stored or used on -site (including paints, thinners, compressed gases, propane, diesel, gasoline, batteries, etc.), complete a Building Occupancy Classification Inventory Form . Submit a copy of the completed Building Occupancy Classification Inventory Form with your building plan submittal.
294. ABOVEGROUND DIESEL TANKS FOR EMERGENCY AND STANDBY GENERATORS: Complete an “Aboveground Diesel Tanks for Emergency and Standby Generators” check sheet. All applicable items in the check sheet should be completed and shown on the building plan submittal.
295. DECLARATION OF EXEMPTION: If limited quantities of hazardous materials will be used and stored, complete and attach a “Declaration of Exemption” letter to your building plan submittal. (Exclusions)
296. CALIFORNIA ENVIRONMENTAL REPORTING SYSTEM (CERS): Prior to construction permit final, a complete “CERS Submittal” shall be provided.
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 ex actions are described in the approved plans, conditions of approval, and/or the adopted City fee schedule.