ATT 1 - Resolution — Mountain View City Council, December 17, 2024

Attachment 1
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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 AN EXISTING SERVICE STATION TO CONSTRUCT AN EIGHT-STORY, 100-UNIT HOUSING PROJECT, CONSISTING OF A 99-UNIT, 100% AFFORDABLE RENTAL HOUSING DEVELOPMENT AND A MANAGER UNIT UTILIZING STATE DENSITY BONUS LAW ON A 0.62-ACRE PROJECT SITE LOCATED AT 334 SAN ANTONIO ROAD,

AND FINDING THAT THE PROJECT IS EXEMPT FROM REVIEW

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15194 (AFFORDABLE HOUSING EXEMPTION)

WHEREAS, an application (Application No. PL-2024-002) was received from Shellan Rodriguez of SMR Development, on behalf of CPR Mountain View, LLC (applicant), for a Planned Community Permit and Development Review Permit to construct a 100-unit housing project, consisting of a 99-unit, fully affordable rental housing development and a manager unit on a 0.62- acre site located at 334 San Antonio Road; and

WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on November 20, 2024 on said application and recommended the City Council approve the Planned Community Permit and Development Review Permit , subject to the findings and conditions of approval attached hereto; and

WHEREAS, the City Council held a duly noticed public hearing on December 17, 2024 on said application 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 and finds that the City Council report and standards for approval reflect the City’s independent judgement and analysis for the project and that the project does satisfy the requisite findings of fact necessary for approval as further explained in the City Council report and the findings of fact associated with this Resolution; now, therefore, be it

RESOLVED: that the City Council hereby makes the following findings regarding the project:

1. The Planned Community Permit to allow a 100-unit housing project, consisting of a 99-unit fully affordable rental housing development with one manager ’s unit, replacing an existing service station, per Section 36.50.55 (Findings) of the City Code:

a. The proposed use or development is consistent with applicable provisions of the San Antonio Precise Plan. The proposed use or development is consistent with the applicable provisions of the San Antonio Precise Plan (SAPP). Development standards that are relaxed or

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waived under State Density Bonus Law are not “applicable” to the project within the meaning of this finding because state law renders such standards inapplicable to allow the density bonus , concessions/incentives, and waivers (Gov. Code, § 65915, et seq.). Standards that are waived or amended pursuant to State Density Bonus Law are not considered “applicable” as written in the SAPP. “Applicable” provisions of the SAPP, for purposes of this finding, are limited to those objective standards and criteria of whi ch the applicant did not request, and which the City did not grant, concessions/incentives or waivers. The proposed development is consistent with these applicable provisions. The proposed deviations from SAPP standards, and the reasoning why the standards are not applicable under State Density Bonus Law, are discussed in depth in the applicant’s October 6, 2024 Density Bonus letter, incorporated herein by reference. The project is in substantial compliance with the intent of the applicable Precise Plan policies, standards, and guidelines by proposing transit -oriented residential development with residential amenities, including compliant long -term bicycle parking in a secured, enclosed bike room within the required active sp ace area(s) , required interior ground-floor active space frontage, and constructing SAPP -compliant streetscape improvements , including a detached sidewalk and landscape strip along the project street frontages . These features promote the SAPP’s goals of promoting increased development of a broad spectrum of housing, including a variety of unit sizes and range of affordability through the project’s provision of entirely affordable units and varied floor plans; pro moting improved urban design and placemaking through the incorporation of special design features; reducing single -occupancy vehicle trips and promoting multimodal transportation options due to proximity to major transit stops;

b. The proposed use or development is consistent with the General Plan. The proposed use or development is consistent with the Mixed -Use Corridor Land Use Designation of the General Plan as this designation accommodates multi -family residential projects at the proposed intensity of development and building heights, according to the provisions of the State Density Bonus Law, places new housing opportunities in close proximity to transit and commercial services, and includes streetscape improvements aimed at improving pedestrian and bicycle mobility in the project vicinity . The proposed development would further General Plan policies related to land use and transportation, due to the project’s location within a half-mile of a major transit stop; street presence, due to the transitional architecture features described above; and pedestrian and bicycle amenities, by providing widened sidewalks, new bicycle lanes, and short- and long-term bicycle parking. As a result of these and other mobility, land use and design, open space, and housing features of the transit -oriented, entirely affordable proposed development discussed herein, the proposed development would further overarching General Plan themes related to quality of life, sustainability, diversity, health and wellness, and economic prosperity;

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 project is an infill project served by available public infrastructure and complies with all applicable Fire and Building Code requirements. The site is within an urban area that is less than one -half (0.5) mile from transit and other services. A few Transportation Demand Management (TDM)

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measures are proposed, including transit subsidies for residents . Standard City conditions of approval would reduce risk of potential vapor intrusion from the former service station site to an acceptable level;

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 architectural design uses warm, complementary colors and features such as varied wall plane massing, lower -level recessed windows, and accent colors that create visual interest and is consistent with the surrounding contemporary architectural style of newer surrounding residential and commercial developments. The central courtyard and landscaping around the building perimeter, including new detached sidewalks, landscaping strips, enhanced street tree planting, and dedicated bike parking further enhances the project area and integrates the project into the neighborhood, and supports increased mobility and comfort along San Antonio Road and California Street. The project minimizes traffic conflicts by locating garage access on California Street toward the northwest end of the project site and is restricted to right-in, right-out movements to ensure a safe and clear entry for vehicles while maintaining a continuous pedestrian path; and

e. The proposed project complies with the California Environmental Quality Act.

The California Environmental Quality Act (CEQA) does not apply to any development project that meets the criteria in CEQA Guidelines Section 15194 (Affordable Housing Exemption) . The approval of the project and the Planned Community Permit complies with CEQA because it is exempt per the Affordable Housing Exemption in CEQA Guidelines Section 15194:

(1) The project meets the threshold criteria under Section 15192, as:

(a) The project must be consistent with:

1.) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete . The project was deemed complete on July 12, 2024.

The project is consistent with the General Plan as it existed on that date, subject to concessions/incentives and waivers granted pursuant to the State Density Bonus Law, as described in Finding 1.b. above.

2.) Any applicable zoning ordinance as that zoning ordinance existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete. The City’s zoning ordinance is found in Chapter 36 of the City Code. The zoning ordinance designation for the proposed development is P(40) – SAPP.

The project is consistent with the SAPP as it existed on that date, subject to concessions/incentives and waivers granted pursuant to the State Density Bonus Law, per Finding 1.a. above.

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(b) Community-level environmental review has been adopted or certified. A community-level environmental review has been adopted as part of the certified 2014 San Antonio Precise Plan Environmental Impact Report (EIR) , which considered the broader environmental effects of the SAPP’s land use policies and objectives.

(c) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in-lieu or development fees. The site can be adequately served by existing utility infrastructure . As the proposed development is located in an urban site with existing utilities, the development could connect to existing infrastructure systems and would not require new or relocated utility infrastructure to meet the proposed development’s needs. Existing water, fire main, and sewer utility line infrastructure are anticipated to have adequate capacity to serve the proposed development. Public service infrastructure related to police and fire services are also anticipated to adequately serve the proposed development. The project applicant has committed to pay all applicable development fees, pursuant to the Conditions of Approval herein.

(d) The site of the project:

1.) Does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations. The project site does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations . The project site is a developed urban infill site in a heavily urbanized area that does not meet the criteria provided in Section 328.3, nor is the project site listed as a wetland or riparian area on the United States Fish and Wildlife Service’s National Wetlands Inventory mapping tool.

2.) Does not have any value as an ecological community upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. The project site does not have any value as an ecological community upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection, as the project site is a developed urban infill site located in a heavily urbanized area that does not provide the resource values of such an ecological community.

3.) Does not harm any species protected by the Federal
Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 , et seq.), the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code ). The project site does not harm any species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 , et seq.), the Native Pl ant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code ). The project site is a developed urban infill site on which no species protected by these laws is known or considered reasonably likely to occur.

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4.) Does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. The project site does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete. The project site is a developed urban infill site on which no species protected by a local ordinance in effect at the time the application was deemed complete is known or reasonably likely to occur.

(e) The site of the project is not included on any list of facilities and sites compiled pursuant to Section 65962.5 of the Government Code. The site is not listed on any hazardous materials site or facilities list compiled pursuant to Section 65962.5 of the Government Code.

(f) The site of the project is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps have been taken in response to the results of this assessment:

1.) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements. A Phase I and Phase II Environmental Site Assessment (ESA) has been completed, identifying minor residual contaminants. Standard conditions of approval for vapor barrier provisions will address any minor on-site soil conditions to ensure safety for future occupants and reduce impacts to a level of insignificance per state and federal standards.

2.) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements. Per the review of the Project site in the Phase I and Phase II ESA, no potential for exposure to significant hazards from surrounding properties or activities is found to exist.

(g) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code. The site does not contain a significant historical resource as defined by Section 21084.1 of the Public Resources Code. Thus, the project site does not have a significant effect on historical resources.

(h) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. The project site is not subject to wildland fire hazard as it is outside designated wildland fire zones.

(i) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties. The project site does not have an

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unusually high risk of fire or explosion from materials stored or used on nearby properties. No such materials are known or reasonably should be known to be stored or used on nearby properties.

(j) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency. The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency with the implementation of standard conditions of approval.

(k) Either the project site is not within a delineated earthquake fault zone or a seismic hazard zone, as determined pursuant to Section 2622 and Section 2696 of the Public Resources Code, respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard. The project site is not within a delineated earthquake fault zone or a seismic hazard zone, as determined pursuant to Section 2622 and Section 2696 of the Public Resources Code.

(l) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. The project site does not present a landslide hazard, based on the slope and geological composition of the site and its surroundings per the geotechnical analysis prepared for the Project. The project site is not located within a flood plain, flood way, or restriction zone.

(m) The project site is not located on developed open space. The project site is not located on developed open space. As stated above, the project site is a developed urban infill site in a heavily urbanized area.

(n) The project site is not located within the boundaries of a state conservancy. The project site is not located within the boundaries of a state conservancy. As stated above, the project site is a developed urban infill site in a heavily urbanized area.

(o) The project has not been divided into smaller projects to qualify for one or more of the exemptions set forth in Sections 15193 to 15195 as the project is being processed as a single development project. The project has not been divided into smaller projects to qualify for exemptions under Section 15194 and is being processed as a single development project.

(2) The project meets the following size criteria: the project site is not more than five acres in area. The proposed development occurs within City limits on a project site of no more than five acres and is substantially surrounded by urban uses. The proposed project site is 0.62 acre in size and is surrounded on all sides by urban development, consisting of residential, commercial, and industrial uses.

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(3) The project meets both of the following requirements regarding location:

(a) The project meets one of the following location requirements relating to population density:

(i) The project site is located within an urbanized area or within a census-defined place with a population density of at least 5,000 persons per square mile. The project site is within an urban area. The project site is also within a census -defined place with a population density of over 5,000 persons per square mile, the City of Mountain View, which has a population density of 6,888.8 persons per square mile. (US Census Bureau, State and County Quick Facts, April 2020.)

(b) The project meets one of the following site -specific location requirements:

(i) The project site has been previously developed for qualified urban uses. The project site and the parcels immediately adjacent to the project site are developed with qualified urban uses (as defined in the California Public Resources Code Section 21072), including retail, commercial, and residential uses.

(4) The project meets both of the following requirements regarding provision of affordable housing:

(a) The project consists of the construction, conversion, or use of residential housing consisting of 100 or fewer units that are affordable to low -income households. The project will construct 100 residential rental units, with 99 units dedicated to households earning at or below 80% of the area median income (AMI). Of these 99 units, 69 units will be affordable to low -income households, 20 units will be affordable to very low -income households, and 10 units will be affordable to extremely low-income households.

(b) The developer of the project provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for lower-income households for a period of at least 30 years, at monthly housing costs deemed to be “affordable rent ” for lower -income, very low -income, and extremely low -income households, as determined pursuant to Section 50053 of the Health and Safety Code. The developer will enter into a legal agreement with the City to ensure that the proposed affordable units remain affordable for at least 55 years, exceeding the 30-year requirement of this section.

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2. Development Review Permit to allow a 100-unit housing project, consisting of a 99- unit, fully affordable rental housing development with one manager unit, replacing an existing service station per Section 36.44.70 (Findings) 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 since the project complies with applicable San Antonio Precise Plan development standards and General Plan standards, and furthers the objectives of the Zoning Code, General Plan, and SAPP . Pursuant to State Density Bonus Law, t he applicant qualifies for and has requeste d concessions/incentives and waivers of certain design-related development standards , including ground -floor height, common open area/landscaping, common usable open space, Floor Area Ratio ( FAR), building height/stories, setbacks, frontage step-backs (above four stories), and personal storage . The general design conditions to which these concessions/incentives and waivers apply are not considered “applicable” pursuant to the State Density Bonus Law. Thus, the waiver or modification of any such conditions does not create any inconsistencies betwe en the proposed development and the general design conditions described in the Zoning Code, General Plan, and SAPP;

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 architectural design of structures, including colors, materials, and design elements, is compatible with surrounding development because the project’s facade employs warm, neutral colors accentuated by complementary tones, such as Sierra redwood, to create visual interest and align with the neighborhood ’s character. The building utilizes contemporary primary materials of cement plaster to provide a cohesive look throughout the building that is compatible with the surrounding contemporary development.

Design elements, such as a continuous base treatment, recessed windows, entry canopies, and the central courtyard that opens up toward California Street, enhance the building’s scale and provide visual interest at the pedestrian level. Additionally, the ground floor along San Antonio Road employs transparent active space frontage for residential amenities such as the bike rooms, entry lobby, mail/parcel room, and leasing offices to enliven the pedestrian environment, per ground-floor active space objectives of the San Antonio Precise Plan;

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 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, as public access easements will be provided and improvements constructed to improve pedestrian and bicyclist comfort through widened detached public sidewalks, new street tree planting, widened California Street bike lane s, and pathways from the courtyard and building entries which will

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provide direct access between the site and public sidewalks as well as appropriate ly designed access to/from the parking garage;

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, complements structures, and provides an attractive environment and is consistent with the adopted landscape program for the general area by planting a total of 15 new trees ranging between 24” to 48” box size throughout the project site, including new street trees along the project’s public street frontages, and prioritizing native and low -water-use plantings (in compliance with the City’s Water Conservation in Landscaping Ordinance), including around the building’s in terior perimeter and within the central courtyard, enhancing shade, privacy, and comfort. Flow-through planters throughout the project will treat stormwater runoff, supporting sustainable practices in alignment with the City’s requirements for Low-Impact Development (LID) . Additionally, the project will provide a minimum 75% of the total proposed landscaping as native landscaping;

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 vehicular and pedestrian access, circulation, and parking by improving pedestrian and bicycle mobility through widened detached public sidewalks and California Street bike lanes . The design and layout will result in well -designed vehicular access, circulation and parking by placing garage access off lower -volume street frontage, and through appropriately designed ingress/egress to limit vehicle and pedestrian conflicts through a right-in, right-out configuration to discourage left turns. New high-visibility crosswalks and bidirectional ramps at the intersection of California Street and San Antonio Road per City standard details will further enhance pedestrian safety, circulation, and access; and

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 project and the Development Review Permit complies with CEQA because it is exempt per the Affordable Housing Exemption in CEQA Guidelines Section 15194:

(1) The project meets the threshold criteria under Section 15192, as:

(a) The project must be consistent with:

1.) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application for the project pursuant to Section 65943 of the Government Code was deemed complete. The project was deemed complete on July 12, 2024.

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The project is consistent with the SAPP as it existed on that date, subject to concessions/incentives and waivers granted pursuant to the State Density Bonus Law, per Finding 1.a. above.

(b) Community-level environmental review has been adopted or certified. A community-level environmental review has been adopted as part of the certified 2014 San Antonio Precise Plan Environmental Impact Report (EIR) , which considered the broader environmental effects of the SAPP’s land use policies and objectives.

(d) The site of the project:

1.) Does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations. The project site does not contain wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations. The project site is a developed urban infill site in a heavily urbanized area that does not meet the criteria provided in Section 328.3, nor is the project site listed as a wetland or riparian area on the United States Fish and Wildlife Service’s National Wetlands Inventory mapping tool.

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the Fish and Game Code). The project site does not harm any species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code), or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code). The project site is a developed urban infill site on which no species protected by these laws is known or considered reasonably likely to occur.

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(h) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection, unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. The project site is not subject to wildland fire hazard as it is outside designated wildland fire zones.

(i) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties. The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties. No such materials are known or reasonably should be known to be stored or used on nearby properties.

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(3) The project meets both of the following requirements regarding location:

(a) The project meets one of the following location requirements relating to population density:

(b) The project meets one of the following site -specific location requirements:

(4) The project meets both of the following requirements regarding provision of affordable housing:

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developer will enter into a legal agreement with the City to ensure that the proposed affordable units remain affordable for at least 55 years, exceeding the 30-year requirement of this section.

3. Pursuant to City Code Section 36.48.95 (Findings), prior to approving a request for a density bonus, incentive, concession, parking reduction, or waiver, the review authority must make certain specific findings as provided in Title 36 of the Zoning Code. As described below, all required findings can be affirmatively made:

a. The project is a housing development that contains at least one (1) of the features described in Section 65915(b) of the State Density Bonus Law to qualify for a density bonus and all other eligibility requirements as described in Government Code Section 65915(c), such as replacement of existing units, have been met . The project is a housing development project in which 100% of the proposed units are dedicated to low-income units, very low-income units and extremely low-income rental units, the project is eligible for a density bonus pursuant to the Density Bonus Law (Gov. Code Section 65915, et seq.) and the City’s “Residential Density Bonus” ordinance as codified in City Code Section 18.03. The required finding can be affirmatively made because the housing development contains at least one of the features described in Section 65915(b), namely, offering over ten percent of housing units for rental to lower income households pursuant to Section 65915(b)(1)(A), offering over five percent of housing units fo r rental to very low income households pursuant to Section 65915(b)(1)(B), and offering one hundred percent of all units in the development to lower income households pursuant to Section 65915(b)(1)(G). Additionally, the project satisfies all eligibility requirements described in Section 65915(c). All units would be deed -restricted to ensure continued affordability of all affordable rental units for 55 years or a longer period of time if required by the construction or mor tgage financing assistance program , mortgage insurance program, or rental subsidy program, as applicable, pursuant to Section 65915(c)(1). The site does not currently contain any residential housing units and thus no rental units would be demolished as part of the project, pursuant to Section 65915(c)(3). Therefore, as a 100% affordable housing project, the project is entitled to up to five concessions or incentives under Government Code Section 65915(d)(2)(D) and any number of necessary waivers of development standards;

b. If bonus density is requested, the project has provided sufficient affordable units or otherwise meets the eligibility requirements for the bonus as described in Section 65915(f) of the State Density Bonus Law . The project is a 100% affordable housing project that meets the criteria of Section 65915(b)(1)(G) and is located within one-half mile of a major transit stop, therefore the City cannot impose maximum controls on density pursuant to Section 65915(f)(3)(D)(ii). The applicant is requesting an approximately 78% density bonus (equivalent to 44 density bonus units) for a total of 100 units from the base density of 56 units;

c. If reduced parking ratios are requested, the project meets the eligibility requirements thereof as described in Section 65915(p) of the State Density Bonus La w. The project meets the eligibility requirements thereof as described in Section 65915(p) of the State Density Bonus law a s a 100% affordable proposed housing development and is located within one-half mile of a major transit stop, with unobstructed access to the major transit stop from the

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development. P ursuant to Section 65915(p)(3)(A), the City cannot impose vehicular parking standards upon the request of the applicant. The applicant requested that the City not impose vehicular parking standards, pursuant to Section 65915(p)(3)(A), but will provide a limited number of spaces for residents;

d. If incentives/concessions are requested, the project meets the eligibility requirements as described in Section 65915(d) of the State Density Bonus Law and the incentive/concession results in reduced costs to provide the affordable units. The project meets the eligibility requirements for five concessions as described in Section 65915(d) of the State Density Bonus Law, and the concessions result in reduced costs to provide the affordable units because the concession would allow the developer to provide u p to 80% AMI among the affordable units, rather than the 100% AMI weighted average required by the City’s BMR Ordinance. The applicant proposes 99 affordable units, including 69 low -income (80% AMI), 20 very low-income (50% AMI), and 10 extremely low -income (30% AMI), resulting in a weighted average of approximately 69% AMI. Additionally, pursuant to the ruling in Schreiber v. City of Los Angeles (2021) 69 Cal.App. 5th 549, local agencies cannot require density bonus applicants to submit pro formas or other financial documentation required to prove that requested incentives and concessions are necessary to make the housing development financially feasible. However, for informational purposes, the applicant submitted a Density Bonus Law letter, which is incorporated herein, describing how each concession and incentive provides for cost reductions which ensure the development of the affordable housing project at the densities and at the affordability levels proposed by the applicant pursuant to Section 65915(d) .The concessions include the removal of Transportation Demand Management (TDM) requirements per the SAPP, relief from minimum standards for ground -floor height (from 14’ minimum to 11’), open area/landscaping (from 40% minimum to 37.7%), common usable open space (from 175 square feet per unit minimum to 35.56 square feet per unit minimum), and the request to underground existing overhead utilities; and

e. If waivers are requested, the development standards requested to be waived would physically preclude the units or incentives/concessions provided in the project as described in Section 65915(e) of the State Density Bonus Law. The development standards requested to be waived would physically preclude the units or incentives/concessions provided in the project as described in Section 65915(e) of the State Density Bonus Law because strict adherence to each of the requested waivers/reductions of development standards would reduce the size of the project in a manner that would not allow the density bonus units to be built. The requested reductions in development standards include relie f from maximum floor area ratio (FAR) (from 1.85 to 4.37), building height (from 45’ maximum to 95’), number of stories (from three stories to eight stories), required frontage setbacks (from 24’ minimum to 15’ -9” along California Street), and waivers for height at frontage setbacks, personal storage, and w indow recessing. Each development standard waiver proposed as part of the project, as described in the Density Bonus Law letter provided by the applicant, ensures the development of the affordable housing project at the densities and with the incentives or concessions proposed by the applicant. Without the proposed waivers of development standards pursuant to Section

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65915(e), the development standards would have the effect of physically precluding the construction of the development project; and be it

FURTHER RESOLVED: that the City Council hereby approves the Planned Community Permit, Development Review Permit, and Density Bonus Application for said project , and the approvals are hereby granted subject to the applicant’s fulfillment of all the conditions of approval, which are attached hereto as Exhibit A and incorporated herein by reference.

TIME FOR JUDICIAL REVIEW. The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6, as established by Resolution No. 13850, adopted by the City Council on August 9, 1983.

NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and exactions. The applicant is hereby further notified that the 90 -day appeal period, in which the applicant may protest these fees and other exactions, pursuant to Government Code Section 66020(a), has begun. If the applicant fails to file a protest within this 90-day period complying with all requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions.

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Exhibit: A. Conditions of Approval
Exhibit A
JT/4/CDD
830-11-20-24COA Page 1 of 26

CONDITIONS OF APPROVAL
APPLICATION NO.: PL-2024-002
334 San Antonio Road

This approval is granted for a Planned Community Permit and Development Review Permit to redevelop the project site by removi ng an existing service station to construct an eight -story, 99 -unit fully affordable rental housing development and a manager unit (100 units total) utilizing State Density Bonus Law on a 0.62-acre site located at 334 San Antonio Road, and finding that the project is categorically exempt pursuant to Section 15194 (“Affordable Housing Exemption”) of the California Environmental Quality Act (CEQA).

This project is located on the west side of San Antonio Road, between California Street and Miller Avenue, in the P (40) (San Antonio) Precise Plan, located on Assessor’s Parcel No. 148-15-020. 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 D ivision of the Community Development Department:

a. Project plans prepared by Dahlin Group for CRP Mountain View, LLC, dated October 4, 2024.

b. Public Benefits Proposal prepared by Shellan Rodriguez with SMR Development, dated April 16, 2024.

c. Density Bonus Letter prepared by Russell E. Morse with Meyers Nave for CRP Mountain View, LLC, dated October 6, 2024.

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 unless a permit extension has been submitted to and approved by the Zoning Administrator at a duly noticed public hearing prior to the expiration date.

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.

PERMIT SUBMITTAL REQUIREMENTS

4. 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.

5. 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 a pplicant 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 subj ect 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.

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6. 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.

7. ACCESSORY STRUCTURE(S) : Any future accessory structure on -site will require approval by the Planning Division and may require separate City permits.

8. 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 pa rking spaces.

9. 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.

10. 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.

11. 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.

12. 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, Guid elines 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 causes 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.

13. 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.

14. SOIL MANAGEMENT PLAN: Prepare a soil, soil vapor, 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.

15. 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 Mou ntain 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.

16. 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.

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17. 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.

18. 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.

OPERATIONS

19. COMMON AREA OPERATIONS : The approved hours of operation for the common area shall be limited to 6:00 a.m. to 10:00 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.

20. 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.

21. 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.

SITE DEVELOPMENT AND BUILDING DESIGN

22. 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 architectural details shall be provided in the building permit plan submit tal and shall be subject to review and approval by the Zoning Administrator prior to the issuance of building permits.

23. 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.

24. 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.

25. 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.

26. RECESSED WINDOWS : All windows on building floors one through three shall be recessed from the face of the building a minimum of 2”.

27. 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 .

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28. 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 t he Zoning Administrator.

29. 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.

30. OUTDOOR STORAGE : There is to be no outdoor storage without specific Development Review approval by the Planning Division.

31. FENCE(S)/WALL(S): All fencing and walls are to be shown on building plan drawings, including details on height, location, and material finish. No fence or wall shall exceed 7’ in height, measured from adjacent grade to the top of the fence or wall. The design and location must be approved by the Zoning Administrator and comply with all setback and traffic visibility area requirements.

32. 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 spa ce 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’.

33. 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 ensu re 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.

34. 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 for visitors, including a minimum of 14 spaces total. 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 protected 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 for residents at one bike space per residential unit for a total of 100 long-term bike parking spaces.

These 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.

TREES AND LANDSCAPING

35. 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.

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36. 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.

37. STREET TREES : Install standard City street trees along the street frontage, including where there are gaps in the space of existing street trees. 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 submitted for building permit review. New street trees shall be planted in accordance with Detail F-1 of the Public Works 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. Street trees are to be irrigated by the property owner in accordance with Chapter 32 of the City Code.

38. 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.

39. 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 tha n previously identified an d/or concerns are raised of nearby excavation or construction activities for the project foundation or 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.

40. 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 car e or construction activity to maintain tree health, shall be provided to the Planning Division at [email protected].

41. 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.

42. REPLACEMENT TREES : The applicant shall offset the loss of each street tree with five replacement trees, for a total of 15 replacement trees. Each replacement tree shall be no smaller than a 24” box and shall be noted on the landscape plan as street replacement trees.

43. TREE PROTECTION MEASURES : The tree protection measures listed in the arborist’s report , prepared by Kielty Arborists Services LLC and dated December 29, 2023, 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 co ntinuous 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.

NOISE

44. 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.

45. 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.

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46. 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.

47. 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 equipm ent 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.

48. 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 tre atments are necessary will be completed on a unit -by-unit basis. Resu lts of the analysis, including the description of the necessary noise control treatments, will be submitted to the City along with the building plans and approved prior to issuance of a building permit. Building sound insulation requirements will include the provision of forced-air mechanical ventilation for all residential units as recommended by the qualified acoustical consultant, so that windows can be kept closed at the occupant’s discretion to control noise. Special building techniques (e.g., sound-rated windows and building facade treatments) will be implemented as recommended by the qualified acoustical consultant to maintain interior noise levels at or below acceptable levels. These treatments will include, but are not limited to, sound -rated win dows and doors, sound -rated wall construction, acoustical caulking, protected ventilation openings, etc.

49. 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.

CONSTRUCTION ACTIVITIES

50. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a single phase unless a phased construction project schedule is approved by the Zoning Administrator (or City Council).

51. 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 enfor cement 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 the property (or primary contractor) for violations of on-street parking restrictions. Violations of this provision may result in a stop- 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.

52. NOTICE OF CONSTRUCTION: The applicant shall notify neighbors within 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.

53. 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 complaint and will require that reasonable measure s warranted to correct the problem be implemented. A telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site fence and on the notification sent to neighbors adjacent to the site. The sign must also lis t an emergency after-hours contact number for emergency personnel.

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54. 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.

55. 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.

56. 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 in clude, 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 tr ansporting soil, sand, or other loose material 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 prohib ited; (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 shall 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 b y 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 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.

57. DISCOVERY OF CONTAMINATED SOILS: If contaminated soils are discovered, the applicant will ensure the contractor employs engineering controls and Best Management Practices (BMPs) to minimize human exposure to potential contaminants.

Engineering controls and construction BMPs will include, but not be limited to, the following: (a) contractor employees working on-site will be certified in OSHA’s 40 hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training; (b) the contractor will stockpile soil during redevelopment activities to allow for proper characterization and evaluation of disposa l 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.

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58. 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 s ignificance 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.

59. 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 a djacent remains. The Santa Clara County Coroner shall be notified and shall make a determination as to whether the remains are Native American. If the Coroner determines that the remains are not subject to their authority, the Coroner shall notify the Native American Heritage Commission, which shall attempt to identify descendants of the deceased Native American. If no satisfactory agreement can be reached as to the disposition of the remains pursuant to this state law, then the landowner shall reinter the human remains and items associated with Native American burials on the property in a location not subject to further subsurface disturbance. A final report shall be submitted to the City’s Community Development Director prior to release of a Certificate of Occupancy. This report shall contain a description of the mitigation programs and its results, including a description of the monitoring and testing resources analysis methodology and conclusions, and a description of the disposition/curation of the resources. The report shall verify completion of the mitigation program to the satisfaction of the City’s Community Development Director.

60. 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 avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent w ith the Society of Vertebrate Paleontology standards.

61. 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).

62. 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- disturbance buffer zones around the nests, with the size to be determined in consultation with the California Department of Fish and Wildlife (usually 100’ for perching birds and 300’ for raptors). The no-disturbance buffer will remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and then resumes during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present.

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63. 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

64. EXISTING PRECISE PLAN MITIGATION MEASURES : All mitigation measures identified in the San Antonio 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 e nvironmental analysis. The applicant must note how the applicant has addressed each mitigation measure to the satisfaction of the Zoning Administrator prior to building permit issuance.

Neighborhoods and Housing Division—650-903-6379 or [email protected]

65. DENSITY BONUS, AFFORDABLE HOUSING UNITS: Under provisions of the State Density Bonus Law, the applicant must submit an offer to construct 99 affordable rental units with one (1) unrestricted manager’s unit for households with incomes eighty percent (80%) Average Median Income (AMI) and below. The applicant shall enter into an agreement with the City consistent with the Costa-Hawkins Act to provide these on-site affordable rental housing units, which shall be executed prior to issuance of the first building permit for the project.

66. DENSITY BONUS, RENTAL UNITS: Under State Density Bonus Law, rents for the lower-income affordable units that qualify the project for a density bonus shall be set at “affordable rent” as defined in Health and Safety Code (HSC) Section 50053. If there is no federal funding for the project, then the rule regarding “family size” shall be consistent with the HSC Section 50052.5(h).

67. DENSITY BONUS AGREEMENT: The applicant shall enter into a Density Bonus Affordable Housing Agreement and Declaration of Restrictive Covenants agreement with the City, which shall be executed prior to issuance of the first building permit for the project. (PROJECT-SPECIFIC CONDITION)

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,

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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.

68. 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).

69. USE AND OCCUPANCY CLASSIFICATION: Provide proposed use(s) and occupancy(ies) for the proposed project per the CBC, Chapter 3.

70. SPECIAL REQUIREMENTS BASED ON OCCUPANCY AND USE: Project shall comply with the requirements per the CBC, Chapter 4.

71. DWELLING UNIT SEPARATION: Private garage separation required per the CBC, Section 406.3.2.

72. 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.

73. BUILDING HEIGHT AND NUMBER OF STORIES: The project shall comply with the requirements per the CBC, Chapter 5, Section 504.

74. BUILDING AREA: The project shall comply with the requirements per the CBC, Chapter 5, Section 506.

75. MIXED USE AND OCCUPANCY: The project shall comply with the requirements per the CBC, Chapter 5, Section 508.

76. OCCUPANCY SEPARATION: Proper separation is required to be provided between occupancies per the CBC, Table 508.4.

77. TYPE OF CONSTRUCTION: Provide the type of proposed construction per Chapter 6 of the CBC.

78. MINIMUM DISTANCE OF PROJECTIONS: The project shall comply with the requirements per the CBC, Chapter 7 (Table 705.2).

79. 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).

80. 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).

81. 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.

82. MEANS OF EGRESS: The project is required to comply with the requirements per the CBC, Chapter 10, Means of Egress.

83. OCCUPANT LOAD: The project shall comply with Table 1004.5, Maximum Floor Area Allowance per Occupant, per the CBC, Chapter 10, Section 1004.

84. ACCESSIBLE MEANS OF EGRESS: The site must meet accessible means of egress per the CBC, Chapter 10, Section 1009.

85. EXIT DISCHARGE: The project shall comply with the exit discharge requirements per the CBC, Chapter 10, Section 1028.

86. ACCESSIBILITY REQUIREMENTS:

• Chapter 11B: The project will be required to comply with the accessibility requirements in the CBC, Chapter 11B.

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• Assigned Accessible Parking Spaces (Chapter 11A): When assigned parking spaces are provided, at least 2% of the assigned parking spaces are required to be accessible per the CBC, Chapter 11A, Section 1109A.4.

87. MVGBC CALGREEN: The project shall comply with the Mountain View CALGreen checklist requirements available online at www.mountainview.gov/greenbuilding.

88. UTILITIES: No utilities shall cross property lines.

89. STRUCTURAL CALCULATIONS: Structural calculations may be required once the application for a building permit is submitted.

90. 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.

91. SURVEY REQUIRED: Structures within 6’ of a property line, or required setback, shall provide a site survey certificate and obtain approval from the City prior to concrete pour.

92. 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.

93. 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.

94. 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 general contractor, applicant, developer, or property owner shall er ect 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.

95. 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

96. 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 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.)

97. 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.)

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98. 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.

99. 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.)

100. 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.)

101. AUTOMATIC/MANUAL FIRE ALARM SYSTEM: Provide an approved automatic/manual fire alarm system in accordance with California Fire Code and Mountain View Fire Department specifications. 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.)

102. SMOKE ALARMS: All residential occupancies shall be provided with California State Fire Marshal -listed smoke alarms. Smoke alarms shall be installed in accordance with the California Building Code and the approved manufacturer’s instructions. (California Fire Code, Section 907.2.11.)

103. 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

104. LOCKBOX: Install an approved key lockbox per the Fire Protection Engineer’s directions. (California Fire Code, Section 506.)

105. 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. A keyswitch shall be required when there are interior electronically controlled doors (card readers, etc.) that prevent rapid Firefighter deployment throughout the building (this does not include electronically controlled doors to individual dwelling units). The keyswitch shall be located in the main entrance lobby and shall automatically unlock all electronically controlled doors upon activation. Contact the Fire Protection Engineer for more information.

106. 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

107. 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.)

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108. 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.)

109. 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.)

110. 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.)

111. 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.)

112. 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.

113. 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.)

114. ON-SITE DRAWINGS: Submit electronic (.pdf) drawing files according to Fire Department specifications prior to final Certificate of Occupancy.

115. 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, Section 1023.9.)

116. 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

117. ELECTRICAL ENERGY STORAGE SYSTEMS: Electrical Energy Storage Systems shall comply with the California Fire Code, Section 1207.

EXTERIOR IMPROVEMENTS

118. 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

119. EMERGENCY RESPONDER RADIO COVERAGE: All buildings shall have approved radio coverage for emergency responders within the building. (California Fire Code, Section 510.)

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Public Works Department—650-903-6311 or [email protected]

OWNERSHIP AND PROPERTY

120. 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) 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).

RIGHTS-OF-WAY

121. STREET DEDICATION: Dedicate a public street easement to widen California Street along the entire project frontage 35’ from the centerline of the street, as shown on sheets C1.0 and C2.0, and as required by the Public Works Director.

122. STREET CORNER DEDICATION: Dedicate a 30’ radius public street corner return easement at California Street and San Antonio Road, as required by the Public Works Director.

123. PEDESTRIAN ACCESS EASEMENT (SIDEWALKS): Dedicate a pedestrian access easement of varying width along California Street to maintain a continuous 6’ wide public sidewalk and along San Antonio Road to maintain a continuous 8’ wide public sidewalk along the project frontage, as required by the Public Works Director.

124. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 5’ wide public utility easement (PUE) along 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. 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.

125. PLAT AND LEGAL DESCRIPTION: For each proposed public easement and/or right -of-way dedication, submit to the Public Works Department for review and approval a legal description (metes and bounds), plat (drawing), and other required documents per the Legal Description and Plat Requir ements handout. The handout is available online at:
https://developmentpermits.mountainview.gov/about-permits/water-service-application. The legal description and plat must be prepared and stamped by a California -registered civil engineer or land surveyor. All required materials shall be submitted electronically (i.e., flattened, reduced-size PDFs).

FEES AND PARK LAND

126. PLAN CHECK AND INSPECTION FEE: Prior to the issuance of any building permits, 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 uti lities 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 fin al bond amounts, plan check fees, and inspection fees. Any paid initial plan check fee will be deducted from the approved final plan check fee.

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127. WATER AND SEWER CAPACITY CHARGES: Prior to the issuance of a Certificate of Occupancy, including temporary , the applicant shall pay the water and sewer capacity fees for the development. The water and sewer capacity charges for residential connections are based on the number and type of dwelling units. Separate capacity charges apply for different types of r esidential 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.

128. STORM DRAINAGE FEE: Prior to the issuance of a Certificate of Occupancy, including temporary , the applicant shall pay the off-site storm drainage fee per Section 28.51(b) with the rates in effect at the time of payment.

STREET IMPROVEMENTS

129. 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, new sidewalk, curb , and gutter; new ADA -compliant driveway; two (2) new ADA -compliant directional curb ramps; new domestic, fire, and irrigation water services, meters, and appurtenances; new storm drain connection; stormwater treatment in compliance with MRP3.0; new sanitary sewer connection and property line cleanout; streetlights; and trees and landscaping.

a. Improvement Agreement: Prior to the issuance of the building permit, 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, 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 (1 00% of Infrastructure Quantities), or provide a letter of 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, 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 t he improvement agreement. 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.

130. 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 Public Works plan check and ins pection fees. The construction cost estimate is to be prepared by the civil engineer preparing the improvement plans.

131. 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.

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132. 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 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. 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.

133. 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.

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 Devices (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.).

134. 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.

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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.

135. ENCROACHMENT RESTRICTIONS: Private facilities, including, but not limited to, structures, steps, doors (including door swing), handrails, backflow preventers, signs, fences, retaining curbs, and retaining walls shall not encroach into the public right -of- way and/or street easement.

136. ENCROACHMENT AGREEMENT FOR EASEMENTS AND/OR RIGHT-OF-WAY: At the sole discretion of the Public Works Director, nonstandard private facilities, including, but not limited to, flow -through planters, which prevent or limit the intended use of sidewalk and/or public utility easements, require a separate Encroachment Agreement to be signed by the property owner(s).

The Encroachment Agreement shall be prepared and executed and fees paid prior to issuance of the building permit.

137. 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 s afety triangle height and clearance requirements. Benches, tables, and chairs shall not be installed in this safety area.

138. 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. Given that the proposed 16 parking spots will be assigned, the project is using the “low traffic volume” pedestrian triangle of safety.

139. PHOTOMETRIC ANALYSIS : Submit a photometric analysis for intersection of California Street and San Antonio Road. 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 str eetlights, as determined 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.)

140. STREETLIGHTS: All existing City standard streetlights shall be replaced, and new City standard streetlights shall be installed along the project street frontage of California Street and San Antonio Road per City standards. Streetlights shall be instal led near crossw alks, driveways, intersections, or other locations deemed necessary by the City Traffic Engineer. Appropriate clearances per PG&E requirements between existing overhead lines shall be provided where applicable.

141. TRAFFIC SIGNAL EQUIPMENT: Traffic signal equipment at the project corner of California Street and San Antonio Road must remain at the existing grade and intact. If any of the traffic signal equipment (e.g., poles, cabinet, pullboxes, conduits, processor, controller, video detection cameras, 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. 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.

142. 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.

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143. 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 the maintenance contractor shall be paid by the contractor. If any d amage occurs to the traffic signal at the intersection of California Street and San Antonio Road, the contractor shall be responsible for all repair costs (labor and material) and coordination through the maintenance contractor .

Any damage shall be report ed 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.

144. STREET OVERLAY AND/OR PAVEMENT RECONSTRUCTION: Half-street overlay (minimum 2” grind and overlay) and/or pavement reconstruction along the California Street and San Antonio Road 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 the plans as required by the Public Works Director.

145. 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.

146. TRAFFIC-CALMING DEVICES: An on -site driveway median island restricting vehicle entry to right -in and restricting vehicle exiting to right-out shall be installed to reduce queueing on California Street and in the intersection and improve safety due to the increased pedestrian trips generated by the project and as approved by the affected neighborhood.   The specific areas of work shall be clearly identified and shown on the plans. The design and placement of the traffic -calming device(s) shall be to the satisfaction of the City Traffic Engineer.

147. HIGH-VISIBILITY CROSSWALK: Convert existing crosswalks on California Street at San Antonio Road and on San Antonio Road at California Street to high -visibility thermoplastic ladder crosswalks with updated warning signs and pavement markings to the satisfaction of the City Traffic Engineer. Any 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.

148. STREET CENTERLINE: Install a double yellow centerline a minimum 50’ from the limit line along California Street on all approaches to the satisfaction of the City Traffic Engineer. Any conflicting markings or signs 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. (PROJECT-

SPECIFIC CONDITION)

149. “‘NO STOPPING ANYTIME ” SIGNS ALONG PROJECT FRONTAGE: Street curbs along the project frontage, on both California Street and San Antonio Road, shall be posted with double-sided “No Stopping Anytime” signs, as determined and approved by the City Traffic Engineer. The specific areas of work shall be clearly identified and shown on the plans. (PROJECT-SPECIFIC

CONDITION)

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150. BIKE FACILITY ALONG PROJECT FRONTAGE/INTERSECTION: Green bike lane/bike crossings/skip boxes shall be installed along project frontage/intersection to accommodate increased vehicle and bicycle trips generated by the project and to improve bicyclists safety. The specific areas of work shall be clearly identified and shown on the plans. The design of the enhancements shall be to the satisfaction of the City Traffic Engineer.

151. GARAGE USE: The following requirements shall apply to the use of the garage:

• Gate shall remain open during peak hours and shall open inward/upward only.

• Parking spots in the garage shall be assigned to reduce the volume of vehicle entry/exit which allows for the project to use the “low traffic volume” pedestrian triangle of safety.

152. 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

153. 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.

If new access ramps result in inaccessible pedestrian push buttons, new pedestrian posts with new push buttons may be needed to conform to CA MUTCD design standards, as determined by the City Traffic Engineer. Due to system compatibility, if one pedestrian push button is changed, all others in the system/intersection shall be upgraded.

154. DRIVEWAY APPROACH AND ADA SIDEWALK REQUIREMENTS: A minimum 4’ wide Americans with Disabilities Act-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.

155. CURB, GUTTER, SIDEWALK IMPROVEMENTS: Construct new curb, gutter, and sidewalk along the project frontages of California Street and San Antonio Road. 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.

California Street shall have a 6’ wide sidewalk with a 4’ wide landscape strip. San Antonio Road shall have an 8’ wide sidew alk with a 6’ wide landscape strip. The specific limits of work shall be clearly identified and shown on the plans.

156. STORMWATER TREATMENT (C.3) FOR PUBLIC RIGHT OF WAY: Stormwater Treatment Control Measures in the public right-of- way shall be in general conformance with the design shown in the approved planning application and shall be included in the improvement plans. The stormwater runoff within the public right -of-way shall remain separate from all on -site stormwater runoff. and any public facilities shall be placed within the public right -of-way landscaping strips. Overflow drainage shall be directly connected to the public storm drain main system, and overland release shall be directed toward the public street. The design shall minimize the number and size of treatment measures within the public right-of-way and be to the satisfaction of the Public Works Director. Stormwater treatment control measures required under this condition shall be required to enter into a formal, recorded Maintenance Agreement with the City.

157. UTILITY BOX RELOCATION OUT OF SIDEWALK: Move existing utility boxes on California Street and San Antonio Road out of the sidewalk and relocate to the Public Utility Easement, landscape strip, or behind the back of the curb. Utility boxes must be

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located so they fit entirely within the utility easement, 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

158. STREET TREES: Install standard City street trees along the street frontage, including where there are gaps in the space of existing street trees.

159. 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 mini mum 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 li st 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.

160. STREET TREE IRRIGATION: Street trees are to be irrigated by the property owner(s) in accordance with Chapter 32 of the City Code.

UTILITIES

161. 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.

162. UTILITY RELOCATION: Existing utilities to be relocated as a result of the streetscape improvements, including, but not limited to, traffic signal poles, street lights, 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.

163. 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.

164. 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.

165. 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.

166. 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 other. New potable water and recycled water services shall have a minimum 5’ clearance from trees,

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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 reused shall be abandoned at the main by removing the gate valve and installing a blind flange and thrust block at the tee. Existin g 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.

167. 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.

168. SANITARY SEWER CLEANOUT: A one-way sanitary sewer cleanout shall be installed in accordance with City standards.

169. 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 requi red. Any unpaid water and sanitary sewer fees must also be paid prior to connecting to water/sewer or to Certificate of Occupancy.

170. STORM DRAIN LATERAL: The construction of a new storm drain lateral to the City main, including new storm drain curb inlet, shall be required.

171. 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.

172. 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 tre nch design plans. Dedicate utility easements that are necessary for the common utility on the plat and legal description documents.

GRADING AND DRAINAGE IMPROVEMENTS (ON-SITE)

173. DRAINAGE PLANS: On-site drainage plans shall be included in the building plans.

174. 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.

175. 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.

176. COVERED PARKING GARAGE: Drainage from covered 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.

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177. 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.

SOLID WASTE AND RECYCLING

178. 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.”

179. 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.

180. 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.”

181. TRASH ENCLOSURE DESIGN AND DETAILS: Trash plan sheet and enclosure details must be included on a separate sheet in the initial building plans and include the following:

This 100-unit residential property must have trash, recycling, and organics/composting service. Display trash room layout, location, and dimensions to scale on the plans with the following minimum service levels:

Qty Size Yds Type Frequency Total Yds
Trash 3 3 bin 2x/week 18
Paper 2 3 bin 2x/week 12
Containers 2 2 bin 1x/week 4
Compost 4 64 (gallons) cart 1x/week 1.28

• Residential recycle collection consists of two streams, one for paper and one for containers. A three-chute system is required consisting of one chute for trash and two for recycling (containers and paper collected in different chutes) to accommodate the City’s dual stream residential recycling program.

• Provide a detail sheet displaying signage in the trash vestibule rooms on the upper floors and the trash closet on the ground floor. Each chute/container must be labeled for trash, paper recycling, container recycling, and compost with eye-level signage installed directly above. Chute cleanouts 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 signage shall be shown on the building plans with sorting instructions according to the City’s programs and approved by the Solid Waste Section prior to installation.

• The property is required to have composting service as indicated in the table. Each 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. The collected compost shall be transported by property maintenance staff to the trash room compost carts.

• The two-yard and three-yard narrow customer-owned bins must be colored coded to match the appropriate material type: gray for trash, dark blue for paper recycling, and lighter blue for container recycling. The final building plans must note the bin product order specifications, including the colors indicated for each waste stream.

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• Residential trash room chute for container recycling requires a locking mechanism to secure closed when bins are removed from underneath for servicing (note on building plans).

• Maintain trash room clearances of 1’ between bins, walls, and interior curbs and a 6’ aisle way to roll bins out.

• Trash rooms shall have minimum 8’ wide roll-up door with keypad access.

• Trash rooms are for collection containers only and not for other storage and shall be labeled “Trash Room.”

• In trash rooms, install light switch above height of a three-yard bin (5’2”) so it is accessible.

• If the trash room does not have an interior berm or curb , it shall have bumpers on the walls to avoid damage from bins hitting it.

• Include dimensions and vehicle approach to service containers on collection day.

• On collection days, all bins to be collected must be removed from under chutes and placed in the trash room (or staged on-site in a location approved by the City) in such a way as to allow easy access by the collection company. The collection company will not move bins out of the way to access the ones they are collecting.

• Property maintenance shall place the four compost carts at the curb on California St reet and remove promptly after Recology collection service. Bins are not allowed to be staged at the curb.

• Property management shall provide 60 -day notice, prior to occupancy, to the City’s waste hauler to set up collection services and allow time to procure all equipment. For customer-owned bins, proof of purchase along with an installation date must be provided during building plan review. All equipment must be in place prior to granting a Certificate of Occupancy (temporary or final).

• Roll-out fees charged by the City’s trash hauler will apply for containers that must be rolled more than 30’ from any holding area to the truck.

• Overhead clearances of 15’ in the travelway and 22’ at the point of collection shall be maintained. Tree trimming for the proposed trees to the west of the driveway may be needed for cart collection clearance.

CONSTRUCTION ACTIVITIES, NOTES, AND OTHER APPROVALS

182. 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:

“Santa Clara Valley Water District (District) records indicate that one (1) active well is located on the subject property. If the well will continue to be used following permitted activity, it must be protected so that it does not become lost or damaged during completion of permitted activity. If the well will not be used following permitted activity, it must be properly destroyed under permit from the District. District records indicate that eleven (11) properly destroyed wells are located on the subject property. Because the wells are considered properly destroyed, no action is necessary to protect them or to bring them into compliance with the District Well Ordinance. While the District has records for most wells located in the County, it is always possible that a well exists that is not i n the District’s records. If previously unknown wells are found on the subject property during development, they must be properly destroyed under permit from the District or registered with the District and protected from damage. For more information, please call the District’s Well Ordinance Program Hotline at 408-630-2660.”

183. 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

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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.”

TRANSPORTATION PROGRAMS AND IMPROVEMENTS

184. TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES: The applicant/owner is required to provide commute benefits and transportation alternatives to residents of the project. The 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. If the property is sold to a third party, the third party shall establish TDM measures consistent with these requirements in effect at the tim e of sale. The mandatory TDM measures for the project is as follows:

• Provide an annual $50 transit subsidy for each new resident for the first three years of the project upon project completion.

In addition, the applicant/owner is required to provide the following on-site facilities:

• Short- and long-term bicycle parking facilities consistent with VTA Bicycle Technical Guidelines and the City Zoning Code.

Any modification to this transportation benefits requires review and approval by the Public Works Director or designee.

185. TRANSPORTATION DEMAND MANAGEMENT (TDM) MONITORING : The property owner(s), or their representative, shall prepare an annual TDM report and submit it to the City for the first three years of the project to document the effectiveness of the TDM measures. The TDM report shall be prepared by an independent consultant and paid for by the property owner(s) or their representative; the consultant shall work with the property’s TDM coordinator. The TDM report will include a determination of historical residen t commute methods, as well as resident participation in TDM measures, which shall be informed by surveying all residents living on the project site.

a. TDM Reporting: The initial TDM report for the project will be submitted to the Public Works Department 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 state: (1) the project’s status on implementing its proposed TDM measures, providing supporting statistics and analysis of resident participation and engagement; or (2) state that the project has not yet implemented the proposed TDM measures, providing an explanation of how and why its modified TDM requirements have not been met and a description of additional/amended measures that will be adopted to meet project-specific TDM goals.

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.

186. 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.

187. 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. Proo f of coverage under the State General Construction Activity Stormwater Permit shall be a ttached to the building plans.

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188. 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.

189. 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 stockpil es; (e) concrete washout areas; (f) stabilized rock/gravel driveways at points of egress from the site; and (g) vegetation, hydroseeding, or other soil stabilization methods for high-erosion areas. The plan should also include routine street sweeping and storm drain catch basin cleaning.

190. ENGINEERED DRAWINGS: Treatment systems and/or porous pavement, pavers, and other uncompacted surfaces require engineered drawings.

191. 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.

192. 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 requir ements; 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.

193. 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.

194. 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.

195. 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”).

196. OUTDOOR VEHICLE/EQUIPMENT MAINTENANCE: Outdoor equipment or vehicle maintenance areas (excluding washing) 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 maintenance area.

197. PARKING GARAGES: For multiple -level parking garages, interior levels shall be connected to an approved wastewater treatment system discharging to the sanitary sewer.

198. STORMWATER TREATMENT (C.3): This project will create or replace more than five thousand (5,000) 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, “Stormwater Quality Guidelines for Development Projects.” Ru noff from portions of the public right-of-way (e.g., sidewalks, curb extensions, pavement replacement, and curb and gutter replacement in the street frontage) that are constructed or reconstructed as part of Regulated Projects will also need to be treated using Low-Impact Development (LID) measures. The City’s guidelines also describe the requirement to select 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.

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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.

199. 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

200. 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. In dicate 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.

201. 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 details for the installation of the trash capture system(s) in the building plans for the project.

202. 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 As sessment Applicant Package” and related guidance and information.

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.

Mountain View City CouncilDecember 17, 2024

Mountain View City Council
December 17, 2024