Attachment 1
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CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
CONDITIONALLY APPROVING A PLANNED COMMUNITY PERMIT AND
DEVELOPMENT REVIEW PERMIT TO CONSTRUCT A 323-UNIT ADDITION TO AN EXISTING 404-UNIT RESIDENTIAL APARTMENT COMPLEX WITH NEW ABOVE-GROUND GARAGES, A NEW AMENITY BUILDING/LEASING OFFICE, AND A FUTURE 1.34-ACRE PUBLIC PARK
DEDICATION (TO THE CITY), UTILIZING STATE DENSITY BONUS LAW, AND A HERITAGE TREE REMOVAL PERMIT TO REMOVE 88 HERITAGE TREES ON A 14.5-ACRE SITE LOCATED AT 555 WEST MIDDLEFIELD ROAD (APN 158-49-001);
AND FINDING THAT THE PROJECT IS STATUTORILY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, PURSUANT TO
SECTION 21088.66 (“URBAN INFILL EXEMPTION”) OF THE PUBLIC RESOURCES CODE
WHEREAS, on January 3, 2017, AvalonBay Communities (applicant) submitted an application (PL-2017-004) for a General Plan map and text amendment from Medium -Density Residential to High-Low Density Residential, a Planned Community Permit and a Development Review Permit to allow a 323 -unit addition to an existing 402 -unit residential apartment development with three new subterranean garages, a new amenity building/leasing office, and a future 1.34-acre public park (land dedicated to the City), and a Heritage Tree Removal Permit to remove 57 Heritage Trees and relocate 39 existing trees on a 14.5 -acre project site (Previous Project); and a determination that an Environmental Impact Report (EIR) had been prepared for the Previous Project; and
WHEREAS, on June 25, 2018, the applicant submitted an application (PL-2018-204) for a Vesting Tentative Map related to the Previous Project, to create three lots with up to 111 condominium units on a 14.5-acre project site; and
WHEREAS, on May 10, 2022, the City Council approved the General Plan text and map amendments and entitlements for the Previous Project, including a Planned Community Permit and Development Review Permit, a Vesting Tentative Map, and a Heritage Tree Removal Permit, and certified an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (Public Resources Code, § 21000, et seq.) (CEQA); and
WHEREAS, due to the significant cost associated with underground parking, the applicant determined the Previous Project is no longer financially feasible, and submitted an application -2-
for a substantially similar development except that it is reconfigured to build the parking garages above-grade and wrap residential units around them so they are hidden from public view; and
WHEREAS, on December 20, 2024, Joe Kirchofer, the applicant , submitted a preliminary application pursuant to Section 65941.1 of the Government Code and subsequently filed an application on April 4, 2025 (Application No. PL-10665) to construct a 323-unit addition (48 of which are affordable) to an existing 404 -unit residential apartment complex with new aboveground garages, a new amenity building/leasing office , and a future 1.34-acre public park dedication (to the City), utilizing State Density Bonus Law; a Heritage Tree Removal permit to remove 88 Heritage trees; and a Vesting Tentative Map (Subdivision Map) to create three lots, including one lot for condominium purposes with 97 condominium units, located on a 14.5-acre site located at 555 West Middlefield Road (APN 158-49-001); and
WHEREAS, the subject property has a General Plan Land Use Designation of High-Low- Density Residential; and
WHEREAS, the subject property is located in the P (Planned Community) Zoning District ; and
WHEREAS, as authorized by the Quimby Act, Government Code Section 66477, the City of Mountain View has adopted a standard of providing parks and recreational facilities to its residents at a ratio of three acres per 1,000 residents. Increases in populatio n due to new residential development place additional burdens on City parks and recreational facilities and negatively impact the City’s standard of providing parks and recreational facilities to its residents at a ratio of three acres per 1,000 residents; and
WHEREAS, this development project is located within the Stierlin Planning Area. Currently, approximately 9,748, or 11%, of the approximately 86,121 residents of Mountain View live within the Stierlin Planning Area. To meet the City’s three -acres-per-thousand-residents standard, the City must provide approximately 258 acres of parks and recreational facilities for the entire City, with approximately 29 acres located within the Stierlin Planning Area. Currently, the Stierlin Planning Area has only 20.86 acr es of parks and recreational facilities, which means there is an
8.14-acre deficit; and
WHEREAS, in accordance with the City-adopted density formula, this 323-unit development project will add approximately 646 new residents to the City and the population within the Stierlin Planning Area. Applying the exemption for the provision of affordable housing as required by the City Code and using the 0.006 -acreage-per-dwelling-unit factor adopted by the City, the project will increase the demand on park land by 1.65 acres . T he current 8.14 -acre park and recreational facility deficit within the Stierlin Planning Area will increase to 9.79 acres as a result of the project; and
WHEREAS, because the additional residents generated by this project will make up approximately 6% of the population within the Stierlin Planning Area , the applicant’s -3-
proportional share of the park land deficiency is 0.59 acres at a ratio of three acres per 1,000 residents within the Stierlin Planning Area; and
WHEREAS, the City has established that the Park Land Dedication Ordinance has an “essential nexus” to the City’s legitimate interest of providing parks and recreational facilities necessary to serve new growth, and the required 0.59 acres of park land dedi cation is roughly proportionate to the City’s costs of providing park and recreational facilities at the three acres per 1,000 residents ratio to serve new development; and
WHEREAS, the applicant proposes to dedicate 1.34 acres of park land to the City, exceeding the required park land dedication by 0.75 acres; and
WHEREAS, because the project is exempt from CEQA pursuant to Section 21080.66 of the Public Resources Code, the City is subject to the timing constraints in Government Code Section 65950(a)(7); and
WHEREAS, on March 4, 2026, the Zoning Administrator and Subdivision Committee held a duly noticed public hearing on the Vesting Tentative Map application and recommended that the City Council conditionally approve the Vesting Tentative Map for the project located at 555 West Middlefield Road; and
WHEREAS, pursuant to Section 36.44.15 (Zoning administrator) of the City Code, the Zoning Administrator has referred the development application directly to the City Council for final action per the enclosed findings and conditions of approval; and
WHEREAS, on March 24, 2026, the City Council held a duly noticed public hearing on said application for a Planned Community Permit and Development Review Permit to construct a 323- unit addition to an existing 404 -unit residential apartment complex with new above -ground garages, a new amenity building/leasing office, and a future 1.34-acre public park dedication (to the City), utilizing state density bonus law, and a Heritage Tree Removal permit to remove 88 heritage trees on a 14-5-acre project site, and received and considered all evidence presented at said hearing, including the recommendation from the Subdivision Committee, the City Council report, and project materials; now, therefore, be it
RESOLVED: that the above recitals are correct and are material to this Resolution and are incorporated into this Resolution as findings of the City Council; and be it
FURTHER RESOLVED: based on substantial evidence in the record, the City Council of the City of Mountain View finds the project to be statutorily exempt from the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA) pursuant to Public Resources Code (PRC) Section 21080.66 as described in further detail below; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the Planned Community Permit pursuant to City Code Section 36.50.55 to construct a 323-unit -4-
addition to an existing 40 4-unit residential apartment development, a new amenity building/leasing office, and a future 1.34-acre public park (land dedicated to the City):
a. The proposed use or development is consistent with the provisions of the applicable Precise Plan, or, if no Precise Plan exists for the subject area, the proposal clearly demonstrates superior site and building design and compatibility with surrounding uses and developments; or, if variations from requirements in the applicable Precise P lan are granted, the proposal clearly demonstrates superior site and building design and is in substantial compliance with the intent of the requirements in the applicab le Precise Plan. The subject property is located within the P (Planned Community) Zoning District and there is no Precise Plan adopted for the site. Therefore, the applicable development standards are those related to the specific development approved on the site as part of a previous Planned Community Permit approved on May 10, 2022 - which was never built. The proposed use and development are consistent with the referenced development standards from the previously approved project in that the project maintains a multifamily and condominium residential development, and because they utilize State Density Bonus Law waivers. Under the Housing Accountabili ty Act, the use of a density bonus, concession, or waiver does not constitute a valid basis for finding a project inconsistent with the General Plan or Zoning. In addition, the proposed project demonstrates superior site and building design and compatibility with surrounding uses and developments because the project design includes new buildings oriented to the pedestrian realm, with parking areas minimized from public view by being located either behind or within buildings and the site design includes open space, resident amenity areas, with the majority of site parking within structures, and buildings sited as a buffer from high volume roadways. Additionally, the architectural design is well -articulated with high -quality building elements as well as breaks in massing – complementing adjoining land uses. Along streetscape frontages, durable, cohesive building materials create a strong relationship with the public sidewalk. Additionally, the project provides streetscape improvements with landscaped open areas and plantings to provide appropriate transitions to properties across Cypress Point Drive, Moffett Boulevard, and West Middlefield Road; and
b. The proposed use or development is consistent with the General Plan. The project is consistent with the General Plan Land Use Designation of High Low-Density Residential, which was a land use designation adopted by the City Council on May 10, 2022 under Resolution No. 18664 for a previously approved, but unbuilt project ons ite. The project is consistent with all applicable requirements therein, including height, density, and use. The proposed multi -family housing project ranges in height from three to five stories and has a density of approximately 50 dwelling units per acre . Additionally, t he project is eligible for a 20 percent density bonus per State Density Bonus Law . The project is consistent with General Plan Policy LUD 3.1 (Land Use and Transportation), which encourages higher land use intensities and densities within one -half mile of public transit along major commute corridors because it provides 323 new units within a half-mile of the Mountain View Caltrain Station. It is also consistent with policy LUD 6.3 (Street Presence) to encourage building facades and frontage s that create a presence at the street and along interior pedestrian paseos or pathways, and policy LUD 23.2 (A Vital Corridor), to promote -5-
Moffett Boulevard as a vital corridor and connection to NASA Ames. Therefore, the project is consistent with the General Plan land use designation for this site;
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 consistent with its General Plan Designation of High -Low-Density Residential, which envisions multi-family residential development up to 50 du/ac and building heights up to five stories . In addition, the project conforms to Public Works Department engineering standards, Americans with Disabilities Act (ADA) requirements, California Building Code , and California Fi re Code requirements as adopted by the City of Mountain View, including, but not limited to, the project ensures it can be constructed and operated safely without adverse effects on public interest, health, safety, convenience, or welfare. The project must also adhere to standard requirements during construction, which include, but are not limited to, minimizing measures to manage work hours, reduce noise, and limit airborne dust during the construction process , reducing adverse effects around construction;
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 by providing new public access easements through the site, dedicating land to the City for use as a future public park, and utilizing superior site, building, and landscaping design around streetscape frontages that border adjac ent and nearby properties.
This is accomplished through open space, resident amenity areas, the majority of site parking within structures, and buildings sited as a buffer from high-volume roadways. Along streetscape frontages, the project provides landscaped open areas and plantings, or some combination thereof, to provide appropriate transitions to properties adjacent and across Cypress Point Drive, Moffett Boulevard, and West Middlefield Road; and
e. The approval of the Planned Community Permit complies with the California Environmental Quality Act (CEQA). The approval of the Planned Community Permit complies with CEQA because the project is statutorily exempt per Section 21088.66 of the PRC (“Urban Infill Exemption”), otherwise known as Assembly Bill (AB) 130. The City prepared an AB 130 CEQA Exemption Site Analysis Memorandum which demonstrates the project’s compliance with the eligibility criteria as set forth below:
(1) The project is a housing development project. The project site consists of only residential units and meets the definition of a housing development project.
(2) The project site is not more than 20 acres or five acres if a Builder’s Remedy project. The proposed project is located on a 14.5-acre site and is not a Builder’s Remedy project.
(3) The project site is located within the boundaries of an incorporated municipality, or it is located within an urban area, as defined by the United States Census -6-
Bureau. The project site is located within the boundaries of the City of Mountain View, an incorporated municipality, and is already developed with multifamily residential and is surrounded by urban development.
(4) The project site meets any of the following criteria: it has been previously developed with an urban use; or at least 75% of the perimeter of the site adjoins parcels that are developed with urban uses; or at least 75% of the area within a one-quarter mile radius of the site is developed with urban uses; or, for sites with four sides, at least three out of four sides are developed with urban uses and at least two-thirds of the perimeter of the site adjoins parcels that are developed with urban uses. The site meets at least one of the criteria referenced because it is located within an urbanized, developed area, and 100% of the adjoining parcels are developed with existing residential and commercial (urban) uses on all four sides (one side is a freeway with a creek and public trail on the other side ). Further, the site is developed with multi-family residential buildings and is surrounded by urban development.
(5) The project is consistent with the applicable General Plan and Zoning Ordinance as well as any applicable local coastal program. The project is consistent with the General Plan Land Use Designation for the site of High Low -Density Residential , including all applicable requirements therein , including height, density, and use . The proposed multi -family housing project ranges in height from three to five stories and has a density of approximately 50 dwelling units per acre. Moreover, the project is elig ible for a 20 percent density bonus. The project is consistent with General Plan Policy LUD 3.1 (Land Use and Transportation), which encourages higher land use intensities and densities within one -half mile of public transit along major commute corridors because it provides 323 new units within a half -mile of the Mountain View Caltrain Station. Per Section 36.22.20 (Height, area, and yard requirements and regulations) of the City Code, there are no listed development standards in the P (Planned Developmen t) Zoning District, except as may be imposed by the precise plan or as conditions upon the granting of a Planned Community Permit. Therefore, the original 2022 Planned Community Permit functions as the referenced development standards for this project. The proposed project is also consistent with the original planned development of the site approved in 2022, as well as standards applicable to all property. The project will use the State Density Bonus Law to achieve waivers from certain development standards of the previously approved 2022 project that would otherwise physically preclude the development at the proposed density, but such waivers are not grounds for determining that the project is inconsistent with the applicable general plan or zoning ordinance. Per PRC Section 21080.66(a)(4)(C), the use of a density bonus, concession, or waiver are not grounds for determining that the project is inconsistent with the applicable General Plan , zoning ordinance, or local coastal program. Therefore, the proposed project is consistent with applicable development standards.
(6) The project will be at least one -half of the applicable density specified in Government Code Section 65583.2(c)(3)(B). The project is proposed at a density of approximately 49.97 du/ac, which exceeds the minimum requirement of 15 units per acre (50% of Gov. Code Section 65583.2(c)(3)(B)). Therefore, the project meets this criterion.
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(7) The project satisfies the requirements specified in Government Code Section 65913.4(a)(6). The project site satisfies the requirements specified in Government Code Section 65913.4(a)(6). The site is not located within the coastal zone, does not contain farmland, wetlands, or sensitive habitats , and is not subject to a conservation easement . The site is also not located within a very high fire hazard severity zone, earthquake fault zone, or flood hazard zone. While the site has been impacted by past soil, soil gas, and groundwater contamination associated with historical operations at nearby properties, the site itself is not designated as a hazardous waste site and is not included on any of the Section 65962.5 lists (the Cortese List), nor is it designated as a hazardous waste site under Health and Safety Code Section 25356.29.
(8) The project does not require the demolition of a historic structure that was placed on a national, state, or local historic register before the date a preliminary application was submitted for the project pursuant to Section 65941.1 of the Government Code. No listed historic structures are present on the site. The multi-family residential buildings on-site will be retained and are not designated as historic resources and are not considered to be potential historic resources.
(9) For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. There is no lodging present on the site, and no portion of the site is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. The project does not propose any lodging uses; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the Development Review Permit pursuant to City Code Section 36.44.70 to construct a 323-unit addition to an existing 40 4-unit residential apartment development, a new amenity building/leasing office, and a future 1.34-acre public park (land dedicated to the City):
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 is consistent with the General Plan Land Use Designation for the site of High-Low-Density Residential , including all applicable requirements therein , including height, density, and use . The proposed multi -family housing project ranges in height from three to five stories and has a density of approximately 50 du/ac. The project is consistent with General Plan Policy LUD 3.1 (Land Use and Transportation), which encourages higher land use intensities and densities within one -half mile of public transit along major commute corridors, because it provides 323 new units within one-half mile of the Mountain View Caltrain Station. While the P (Planned Community) Zoning District does not have any specified development standards, there remain development standards applicable to all districts. Per Section 36.22.20 (Height, area, and yard requirements and regulations) of the City Code, there are no listed development standards in the P (Planned Development) Zoning District, except as may be imposed by the Precise Plan or as conditions upon the granting of a Planned Community Permit. Therefore, the original 2022 Planned Community Permit functions as the referenced -8-
development standards for this project. In addition, the project is also consistent with the original Planned Community Permit approved in 2022. Except as waived under State Density Bonus law, the project is consistent with these referenced standards as well as applicable Zoning Code standards applicable to all Zoning Districts. Per the Housing Accountability Act, the use of a density bonus, concession, or waiver does not constitute a valid basis for finding a project inconsistent with the General Plan, land use, or development standard. Therefore, if not waived under State Density Bonus Law, the project is consistent with applicable and referenc ed development standards;
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 for several reasons.
The development employs a coordinated color palette across all three proposed buildings in which complementary tones and finishes are used consist ently across the building elements, while providing sufficient variation to articulate building massing. The materials selected include wood panels, plaster, stucco, cementitious siding, and asphalt shingle, all of which are compatible with a residential area and properties along the Moffett Boulevard and West Middlefield Road corridors. The design elements include balconies and corner and building recesses , which help to create relief in the building massing and enhance neighborhood compatibility. The exterior lighting and screening of equipment balances aesthetics with functionality effectively, with limited lighting impacts on Moffett Boulevard, Cypress Point Drive, and West Middlefield Road averaging 0.4 -to-0.6 footcandle, while lighting at the corner Cypress Point Drive and Moffett averages 1.4 footcandles for public safety at a pedestrian crossing;
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, sidewalks, and other public property in several ways. The project orients buildings toward the street such t hat parking areas are minimally visible from public view, while the buildings can interact more directly with the public frontage. In addition, the project provides new landscaped areas along the public right-of-way, including land that will be dedicated to the City in the future for park space, as well as screening of parking, driveways, and outdoor equipment with landscaping where t echnically feasible to enhance compatibility with a neighborhood and corridor aesthetic;
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, provides an attractive environment, and is consistent with any adopted landscape program for the general area b ecause it provides variety in the planting types and layers plant palettes to promote better diversity of plantings and hierarchy of plant heights. The landscaping is -9-
consistent with the Water Conservation in Landscaping (WCLIR) requirements and requirements in Section 36.34 (Landscaping) of the City Code;
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 in several ways. The design limits vehicular entry points to West Middlefield Road and Cypress Point Drive and does not provide vehicular access along Moffett Boulevard, which receives the bulk of multi- modal traffic volume. By limiting vehicular access to three points along Cypress Point Drive more than 1, 100’ apart, the project limits conflict points on an existing neighborhood street. The project respects the existing roadway hierarchy by providing resident parking entry points along local streets at sufficient distanc e from Moffett Boulevard to limit conflicts. While West Middlefield Road is also a busier multi-modal corridor, the primary residential building entrance is approximately 500’ from the corner of Moffett Boulevard and West Middlefield Road. While there is a second vehicular access point, it leads a small existing parking lot whose usage will be limited. Lastly, the project provides a new public access easement for a pedestrian and bicycle pathway from Middlefield Road to Cypress Point Drive; and
f. The approval of the Development Review Permit complies with the California Environmental Quality Act (CEQA). The approval of the Development Review Permit complies with CEQA because the project is statutorily exempt per Section 21088.66 of the PRC (“Urban Infill Exemption”). The City prepared a n AB 130 CEQA Exemption Site Analysis Memorandum which demonstrates the project’s compliance with the eligibility criteria as set forth below:
(1) The project is a housing development project. The project site consists of only residential units and meets the definition of a housing development project.
(2) The project site is not more than 20 acres or five acres if a Builder’s Remedy project. The proposed project is located on a 14.5-acre site and is not a Builder’s Remedy project.
(3) The project site is located within the boundaries of an incorporated municipality, or it is located within an urban area, as defined by the United States Census Bureau. The project site is located within the boundaries of the City of Mountain View, an incorporated municipality, and is already developed with multi-family residential and is surrounded by urban development.
(4) The project site meets any of the following criteria: it has been previously developed with an urban use; or at least 75% of the perimeter of the site adjoins parcels that are developed with urban uses; or at least 75% of the area within a one-quarter mile radius of the site is developed with urban uses; or, for sites with four sides, at least three out of four sides are developed with urban uses and at least two-thirds of the perimeter of the site adjoins parcels that are developed with urban uses. The site meets at least one of the criteria referenced because it is located within an urbanized, developed area of the City, and 100% of the adjoining parcels are developed with existing residential and commercial (urban) uses on all four -10-
sides (one side is a freeway with a creek and public trail on the other side) . Further, the site is developed with multi-family residential buildings and is surrounded by urban development.
(5) The project is consistent with the applicable General Plan and Zoning Ordinance as well as any applicable local coastal program. The project is consistent with the General Plan Land Use Designation for the site of High Low -Density Residential , including all applicable requirements therein , including height, density, and use . The proposed multi -family housing project ranges in height from three to five stories and has a density of approximately 50 dwelling units per acre. Moreover, the project is eligible for a 20 percent density bonus. The project is consistent with General Plan Policy LUD 3.1 (Land Use and Transportation), which encourages higher land use intensities and densities within one -half mile of public transit along major commute corridors because it provides 323 new units within a half -mile of the Mountain View Caltrain Station. Per Section 36.22.20 (Height, area, and yard requirements and regulations) of the City Code, there are no listed development standards in the P (Planned Development) Zoning District, except as may be imposed by the precise plan or as conditions upon the granting of a Planned Community Permit. Therefore, the original 2022 Planned Community Permit functions as the referenced development standards for this project. The proposed project is also consistent with the original planned development of the site approved in 2022, as well as standards applicable to all property. The project will use the State Density Bonus Law to achieve waivers from certain development standards of the previously approved 2022 project that would otherwise physically preclude the development at the proposed density, but such waivers are not grounds for determining that the project is inconsistent with the applicable general plan or zoning ordinance. Per PRC Section 21080.66(a)(4)(C), the use of a density bonus, concession, or waiver are not grounds for determining th at the project is inconsistent with the applicable General Plan , zoning ordinance, or local coastal program. Therefore, the proposed project is consistent with applicable development standards.
(6) The project will be at least one -half of the applicable density specified in Government Code Section 65583.2(c)(3)(B). The project is proposed at a density of approximately 49.97 du/ac, which exceeds the minimum requirement of 15 units per acre (50% of Gov. Code Section 65583.2 (c)(3)(B)). Therefore, the project meets this criterion.
(7) The project satisfies the requirements specified in Government Code Section 65913.4(a)(6). The project site satisfies the requirements specified in Government Code Section 65913.4(a)(6). The site is not located within the coastal zone and does not contain farmland, wetlands, or sensitive habitats and is not subject to a conservation easement. The site is also not located within a very high fire hazard severity zone, earthquake fault zone, or flood hazard zone. While the site has been impacted by p ast soil, soil gas, and groundwater contamination associated with historical operations at nearby properties, the site itself is not designated as a hazardous waste site and is not included on any of the Section 65962.5 lists (the Cortese List), nor is it designated as a hazardous waste site under Health and Safety Code Section 25356.29.
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(8) The project does not require the demolition of a historic structure that was placed on a national, state, or local historic register before the date a preliminary application was submitted for the project pursuant to Section 65941.1 of the Government Code. No listed historic structures are present on the site. The multi-family residential buildings on-site will be retained and are not designated as historic resources and are not considered to be potential historic resources.
(9) For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. There is no lodging present on the site, and no portion of the site is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. The project does not propose any lodging uses; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the application for a density bonus and requests for a concession and waivers pursuant to City Code Section 36.48.95:
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) have been met. 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) have been met. The “base density” as defined Government Code Section 65915(o)(6 ) is 50 dwelling units per acre, which yields 725 units on a 14.5-acre site. While the project proposes to add 323 units to an existing 404-unit site, two of the units are accessory dwelling units, which are not included in the allowable density on the lot (Gov. Code Sec. 66314, subd. (c) and HCD ADU Handbook,
project is eligible for a 20% density bonus, well above the proposed density. Consistent with Section 65915(b)(1)(A), the project proposes that at least 15% of the total dwelling units will be rented or sold to persons and families of low and very low-income, as defined in Section 50079.5 of the Health and Safety Code. Consistent with Section 65915(c)(1), the applicant has agreed in their Affordable Housing Compliance Plan to deed -restrict the affordable units to ensure the continued affordability of all 48 low -income units, at least 17 of which will be very low -income units, for at least 55 years, consistent with the criteria in Section 50053 of the Health and Safety Code;
b. The project has provided sufficient affordable units or otherwise meets the eligibility requirements for the bonus density as described in Section 65915(f) of the State Density Bonus Law. The project has provided sufficient affordable units or otherwise meets the eligibility requirements for the bonus density as described in Section 65915(f) of the State Density Bonus Law. The project provides 15% of the 323 base units (48 units) as low-income units, and therefore qualifies for a 10% density bonus, or up to 145 additional units above the base density -12-
(Government Code Section 65915(f)). Although the project qualifies for 145 additional units above base density, the project is not requesting a density bonus;
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 Law. This finding is not applicable because there is no minimum parking requirement for the project and no reduced parking ratios have been requested by the applicant;
d. If incentives/concessions are requested, the project meets the eligibility requirements thereof 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. No concessions are requested in the proposed density bonus request; 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 applicant is requesting a waiver of six development standards that would physically preclude the construction of the development at the proposed density as described in Section 65915(e) of the State Density Bonus Law. While the P (Planned Community) Zoning District has no specific development standards, there remain development standards applicable to all districts. Per Section 36.22.20 (Height, area, and yard requirements and regulations) of the City Code, there are no listed development standards in the P (Planned Development) Zoning District, except as may be imposed by the precise plan or as conditions upon the granting of a Planned Community Permit. Therefore, the original 2022 Planned Community Permit functions as the referenced development standards for this project.
In addition, the project is also consistent with the original Planned Community Permit approved in 2022. Strict adherence to each of the referenced development standards described below would reduce the project’s size and change the project’s layout in a manner that would preclude the construction of the 323 units as proposed. The applicant is requesting reductions of the following development standards, and a justification for how each standard waived physically precludes the construction of the project as proposed is provided in their Density Bonus Eligibility Letter, which is attached to the Council Report: (1) Floor -Area Ratio (FAR), (2) Setbacks, (3) Height, (4) Open Area, (5) Personal Storage, and (6) Bicycle Parking. The City is required to waive or reduce any development standard that has the effect of physically precluding the construction of a development at the proposed density. Each of these standards, if applied to the project, would physically preclude the construction of the development at the proposed density; and be it
FURTHER RESOLVED: that the City Council makes the following findings regarding t he Heritage Tree Removal Permit pursuant to Section 32.35 of the Municipal Code to remove 88 Heritage trees based on an arborist report prepared by HortScience|Bartlett Consulting dated -13-
June 2025 and project plans prepared by PGA Landscape Architects dated January 2026 and reviewed by the City arborist and the following findings:
a. It is necessary to remove the trees due to the condition of the trees with respect to age of the trees relative to the life span of that particular species, disease, infestation, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures, and interference with utility services . It is necessary to remove the trees due to the condition and age of the trees relative to the life span of that species, disease, infestation, general health, damage, public nuisance , danger of falling, proximity to existing or proposed structures, and interference with utility services. According to the arborist report prepared by HortScience|Bartlett Consulting, 86 trees are identified as being in poor condition. The trees that are removed have direct conflicts with the proposed Buildings A, B, and C. The applicant has made efforts to preserve trees outside the area of work, resulting in 163 Heritage trees being preserved and 39 transplanted. Overall, all trees proposed for removal are in direct conflict with the proposed buildings;
b. It is necessary to remove the trees in order to construct the improvements and/or allow reasonable and conforming use of the property when compared to other similarly situated properties. It is necessary to remove the trees in order to construct the improvements and/or allow reasonable and conforming use of the property when compared to other similarly situated properties because all tree removals are located either where the proposed residential buildings or site and off-site improvements are located;
c. It is appropriate to remove the trees to implement good forestry practices, such as, but not limited to, the number of healthy trees a given parcel of land will support, the planned removal of any tree nearing the end of its life cycle, and replacement wit h young trees to enhance the overall health of the urban forest. It is appropriate to remove the trees because the comprehensive redevelopment of the site, including improvements such as a new public pathway, utilities, rowhouse units, trees, and landscape programs, requires removal of existing trees. While 88 Heritage trees will be removed, 39 of the removed trees will be transplanted, and the project will plant 194 new trees at grade and 18 trees on buildings, such as the rooftop deck at Building A;
d. Removal of the trees will not adversely affect the shade, noise attenuation, protection from wind damage and air pollution, historic value, or scenic beauty of the area, nor shall the removal adversely affect the health, safety, prosperity, and general welfare of the City as a whole . Removal of the trees will not adversely affect the shade, noise attenuation, protection from wind damage and air pollution, historic value, or scenic beauty of the area, nor will the removal adversely affect the general health, safety, prosperity, and general welfare of the City as a whole, because the project will plant replacement trees per City standards, and the site will exceed the current canopy coverage of 5.27 acres or 36.3% of site area at tree maturity, with a total canopy coverage anticipated at maturity of 5.41 acres or 37.3% of site area; and
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e. The approval of the Heritage Tree Removal Permit complies with the California Environmental Quality Act (CEQA). The approval of the Heritage Tree Removal Permit complies with CEQA because the project is statutorily exempt project per Section 21088.66 of the PRC (“Urban Infill Exemption”). The City prepared a peer review of the AB 130 CEQA Exemption Site Analysis Memorandum dated November 19, 2025 (incorporated by reference as though fully set forth herein), which demonstrates the project’s compliance with the eligibility criteria as set forth below:
(1) The project is a housing development project. The project site consists of only residential units and meets the definition of a housing development project.
(2) The project site is not more than 20 acres or five acres if a Builder’s Remedy project. The proposed project is located on a 14.5-acre site and is not a Builder’s Remedy project.
(3) The project site is located within the boundaries of an incorporated municipality, or it is located within an urban area, as defined by the United States Census Bureau. The project site is located within the boundaries of the City of Mountain View, an incorporated municipality, and is already developed with multi-family residential and is surrounded by urban development.
(4) The project site meets any of the following criteria: it has been previously developed with an urban use; or at least 75% of the perimeter of the site adjoins parcels that are developed with urban uses; or at least 75% of the area within a one-quarter mile radius of the site is developed with urban uses; or, for sites with four sides, at least three out of four sides are developed with urban uses and at least two-thirds of the perimeter of the site adjoins parcels that are developed with urban uses. The site meets at least one of the criteria referenced because it is located within an urbanized, developed area of the City, and 100% of the adjoining parcels are developed with existing residential and commercial (urban) uses on all four sides (one side is a freeway with a creek and public trail on the other side ). Further, the site is developed with multi-family residential buildings and is surrounded by urban development.
(5) The project is consistent with the applicable General Plan and Zoning Ordinance as well as any applicable local coastal program. The project is consistent with the General Plan Land Use Designation for the site of High Low -Density Residential , including all applicable requirements therein , including height, density, and use . The proposed multi -family housing project ranges in height from three to five stories and has a density of approximately 50 dwelling units per acre. Moreover, the project is eligible for a 20 percent density bonus. The project is consistent with General Plan Policy LUD 3.1 (Land Use and Transportation), which encourages higher land use intensities and densities within one -half mile of public transit along major commute corridors because it provides 323 new units within a half -mile of the Mountain View Caltrain Station. Per Section 36.22.20 (Height, area, and yard requirements and regulations) of the City Code, there are no listed development standards in the P (Planned Developmen t) Zoning District, except as may be imposed by the precise plan or as conditions upon the granting of a Planned Community Permit. Therefore, the original 2022 Planned Community Permit -15-
functions as the referenced development standards for this project. The proposed project is also consistent with the original planned development of the site approved in 2022, as well as standards applicable to all property. The project will use the State Density Bonus Law to achieve waivers from certain development standards of the previously approved 2022 project that would otherwise physically preclude the development at the proposed density, but such waivers are not grounds for determining that the proj ect is inconsistent with the applicable general plan or zoning ordinance. Per PRC Section 21080.66(a)(4)(C), the use of a density bonus, concession, or waiver are not grounds for determining that the project is inconsistent with the applicable General Plan , zoning ordinance, or local coastal program. Therefore, the proposed project is consistent with applicable development standards.
(6) The project will be at least one -half of the applicable density specified in Government Code Section 65583.2(c)(3)(B). The project is proposed at a density of approximately 49.97 du/ac, which exceeds the minimum requirement of 15 units per acre (50% of Gov. Code Section 65583.2 (c)(3)(B)). Therefore, the project meets this criterion.
(7) The project satisfies the requirements specified in Government Code Section 65913.4(a)(6). The project site satisfies the requirements specified in Government Code Section 65913.4(a)(6). The site is not located within the coastal zone and does not contain farmland, wetlands, or sensitive habitats and is not subject to a conservation easement. The site is also not located within a very high fire hazard severity zone, earthquake fault zone, or flood hazard zone. While the site has been impacted by past soil, soil gas, and groundwater contamination associated with historical operations at nearby properties, the sit e itself is not designated as a hazardous waste site and is not included on any of the Section 65962.5 lists (the Cortese List), nor is it designated as a hazardous waste site under Health and Safety Code Section 25356.29.
(8) The project does not require the demolition of a historic structure that was placed on a national, state, or local historic register before the date a preliminary application was submitted for the project pursuant to Section 65941.1 of the Government Code. No listed historic structures are present on the site. The multi-family residential buildings on-site will be retained and are not designated as historic resources and are not considered to be potential historic resources.
(9) For a project that was deemed complete pursuant to Government Code Section 65589.5(h)(5) on or after January 1, 2025, no portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. There is no lodging present on the site, and no portion of the site is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging. The project does not propose any lodging uses; and be it
FURTHER RESOLVED: that the City Council hereby approves the Planned Community Permit, Development Review Permit, State Density Bonus Law request, and Heritage Tree Removal Permit for said project at 555 West Middlefield Road (APN: 158 -49-001) based on the -16-
findings above and subject to the applicant’s fulfillment of all the conditions of approval, which are attached hereto as Exhibit A and incorporated by reference as though fully set forth herein.
TIME FOR JUDICIAL REVIEW
The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6, as established by Resolution No. 13850, adopted by the City Council on August 9, 1983.
NOTICE
The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, 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 other exactions. The applicant is hereby further notified that the 90-day appeal period in which the applicant may protest these fees, dedications, reservations, and other exactions pursuant to Government Code Section 66020(a) has begun as of the date this Resolution is adopted. 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, dedications, reservations, or other exactions.
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Exhibit: A. Conditions of Approval
Exhibit A
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CONDITIONS OF APPROVAL
APPLICATION NO.: PL-10665
555 WEST MIDDLEFIELD ROAD
The applicant is hereby notified, as part of this application, that the applicant is required to meet the following conditions in accordance with the Mountain View City Code and the State of California. Where approval by a City Department Director or Official is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws, and regulations, and accepted practices for the item (s) under review. The applicant is hereby notified that the applicant is required to comply with all applicable codes or ordinances of the City of Mountain View and the State of California that pertain to this development and are noted herein.
This approval is granted to construct a 323-unit addition to an existing 404-unit residential apartment complex with new aboveground garages, a new amenity building/leasing office, and a future 1.34-acre public park dedication (to the City), utilizing State Density Bonus Law; and a Heritage Tree Removal Permit to remove 88 Heritage trees on a 14.5 -acre project site located on Assessor’s Parcel No. 158-49-001. Development shall be substantially as shown on the project materials listed below, except as may b e modified by conditions contained herein, which are kept on file in the Planning Division of the Community Development Department:
a. Project drawings prepared by BDE Architecture, dated January 5, 2026.
b. Arborist Report prepared by HortScience|Bartlett Consulting, dated June 4, 2025.
c. Transportation Demand Management Program prepared by Nelson Nygaard, dated March 2025.
d. A memorandum prepared by John H. Schwartz Consulting determining that the project is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 21080.66 of the Public Resources Code.
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 (Sec. 36.56.65 MVC).
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 (EPA), 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 ensure appropriate on -site improvements in accordance with any requirements of the oversight agency . Prior to the issuance of any building or fire
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permits, the applicant shall either: (a) submit written proof of an approval from the oversight agency of remediation activi ty and/or building and site design as deemed consistent with the remediation activity; or (b) provide written proof the work is not subject to approval from an oversight agency. A Certificate of Occupancy cannot be issued until final inspections have been completed by the City and the oversight agency, if required.
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 parking spaces.
9. REVISIONS TO THE APPROVED PROJECT: Minor revisions to the approved project, including conditions of approval, shall require approval by the Zoning Administrator pursuant to Section 36.44.65(b)(3) (Development review procedures) of the City Code. 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. GEOTECHNICAL REPORT: The applicant shall have a design -level geotechnical investigation prepared which includes recommendations to address and mitigate geologic hazards in accordance with the specifications of California Geological Survey (CGS) Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards , and the requirements of the Seismic Hazards Mapping Act. The report will be submitted to the City during building plan check, and the recommendations made in the geotechnical report will be implemented as part of the project and included in building permit drawings and civil drawings as needed. Recommendations may include considerations for design of permanent below-grade walls to resist static lateral earth pressures, lateral pressures 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.
12. VAPOR BARRIER: If required by the lead regulatory agency (e.g., the Santa Clara County Department of Environmental Health (SCCDEH)), a vapor barrier shall be installed in locations specified by the lead regulatory agency and designed in accordance with their specifications. Specifications for the vapor barrier shall be included in the Site Management Plan. The applicant shall provide proof of approval for the Site Management Plan from the lead regulatory agency prior to issuance of any demolition or building permits.
13. SIGNAGE: No signs are approved as part of this application. Any new signage will require separate planning and/or building permits (Sec. 36.36.05 of the City Code). Application form and submittal requirements are available online at www.mountainview.gov/planningforms.
SITE DEVELOPMENT AND BUILDING DESIGN
14. PUBLICLY ACCESSIBLE OPEN SPACE/FACILITIES: This project includes privately owned open space, improvements, and/or other facilities which shall be publicly accessible and includes sidewalks and bicycle paths. The applicant shall have the right to establish and enforce reasonable rules and regulations for the use of the open space but shall not restrict access with fenci ng or other design/operational barriers.
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15. 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.
16. MECHANICAL EQUIPMENT (GROUND SCREENING): All mechanical equipment, such as air condenser (AC) units or generators, shall be concealed behind opaque screening, consistent with Section 36.34.10(l) of the Zoning Code.
17. OUTDOOR STORAGE: There is to be no outdoor storage without specific Development Review approval by the Planning Division.
18. FENCE(S)/WALL(S): All fencing and walls shall comply with the requirements of Section 36.08.20 (Fences and walls— Nonresidential property) of the City Code, and shall be shown on building plan drawings, including details on height, location, and material finish.
19. PARKING SPACE DESIGN: All parking spaces must adhere to the requirements of Article X (Parking and Loading) of the City Code.
20. 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 location of outdoor lighting fixtures sha ll ensure there will be no glare and light spillover to surrounding properties, which is demonstrated with photometric contours extending beyond the project property lines. The lighting plan shall be submitted with building permit drawings and approved prior to building permit issuance.
21. 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 as shown on the project plans (34 spaces). These spaces shall be provided as bike racks which must secure the frame and both wheels. If the number or locations of the racks change from the approved plans, any deviations shall be consistent with Section 36.32.50 of the Zoning Code.
b. Long-term bike parking for residents as shown on the project plans (182 spaces). The proposed plans show these spaces located in the proposed garages of each of the units and the garage floor plans. Any deviation from the approved design or bicycle parking shall conform to Section 36.32.50 of the Zoning Code.
TREES AND LANDSCAPING
22. LANDSCAPING: Landscaping shall comply with the City’s Landscape Guidelines, including the Water Conservation in Landscaping Regulations (forms are available online at www.mountainview.gov/planningforms) and be planted in accordance with the approved plans prior to final occupancy.
23. LANDSCAPE CERTIFICATION: Prior to occupancy, the Landscape Architect shall certify in writing that 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 Planning Division.
24. ARBORIST REPORT: A qualified arborist shall provide written instructions for the care of the existing tree(s) to remain on-site before, during, and after construction. The report shall also include a detailed plan showing installation of chain link fen cing around the dripline to protect these trees and installation of an irrigation drip system and water tie-in for supplemental water during construction. Arborist’s reports shall be received by the Planning Division and must be approved prior to issuance o f building permits. Prior to occupancy, the arborist shall certify in writing that all tree preservation measures have been implemented. Approved measures from the report shall be included in the building permit drawings.
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25. ARBORIST INSPECTIONS: During demolition activity and upon demolition completion, a qualified arborist shall inspect and verify that the measures described in the arborist report are appropriately implemented for construction activity near and around the preserved trees, including the critical root zones.
26. MONTHLY ARBORIST INSPECTIONS: Throughout demolition and construction, a qualified arborist must conduct monthly inspections to ensure tree protection measures and maintenance care are provided. A copy of the inspection letter, including recommendations for modifications to tree care or construction activity to maintain tree health, shall be provided to the Planning Division at [email protected].
27. 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 adequately screened in a manner which respects the building design and setback requirements.
All such facilities shall be in conformance with Section 36.34.10(i) (General landscaping standards) of the City Code.
28. TREE REMOVALS: Pursuant to Section 32.29 ( Permits: Development-related removals) of the City Code, permits to remove, relocate, or otherwise alter Heritage trees cannot be implemented until a project building permit for new construction is secured and the project is pursued.
29. REPLACEMENT TREES: Pursuant to Section 32.35 (Criteria for removal; Conditions; Findings), the applicant shall offset the loss of 88 Heritage trees with no fewer than 176 replacement trees. Each replacement tree shall be no smaller than a 24” box and shall be noted on the landscape plan as Heritage or street replacement trees.
30. STREET TREE PROTECTIONS: All designated City street trees are to be protected throughout construction activity with protection measures shown on building permit plans.
31. TREE PROTECTION MEASURES: The tree protection measures listed in the arborist’s report prepared by HortScience|Bartlett Consulting and dated June 2025 shall be included as notes on the title sheet of all grading and landscape plans. These measures shall include, but may not be limited to, 6’ chain-link fencing at the drip line, a continuous maintenance and care program, and protective grading techniques. Also, no materials may be stored within the drip line of any tree on the project site.
32. IRREVOCABLE DAMAGE TO HERITAGE TREES: In the event one or more of the preserved Heritage tree(s) are not maintained and irrevocable damage or death of the tree(s) has occurred due to construction activity, the applicant shall be subject to penalties and restitution pursuant to Section 32.38 (Penalty; Restitution) of the City Code.
33. TREE RELOCATION(S): Trees identified in the arborist report and project plans for transplantation or relocation shall be transplanted as shown on approved plan sheets L1.0 through L1.10 prepared by HortScience|Bartlett Consulting dated June 2025 and PGA Design dated January 5, 2026.
NOISE
34. 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 any adjoining residentially used property.
35. 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.
36. CONSTRUCTION NOISE REDUCTION: The following noise reduction measures shall be incorporated into construction plans and contractor specifications to reduce the impact of temporary construction-related noise on nearby properties: (a) comply with manufacturer’s muffler requirements on all construction equipment engines; (b) turn off construction equipment when not in use, where applicable; (c) locate stationary equipment as far as practical from receiving properties; (d) use temporar y
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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.
CC&RS AND DISCLOSURES
37. CC&Rs: Covenants, Conditions, and Restrictions (CC&Rs) for the homeowners association, together with a completed CC&R checklist, shall be submitted to and approved by the City Attorney’s Office and the Community Development Department prior to approval and reco rdation of the final map. The checklist and proposed CC&Rs shall be annotated to show exactly where each of the standard provisions have been incorporated into the CC&R document.
AGREEMENTS AND FEES
38. COMMUNITY BENEFIT CONTRIBUTION: COMMUNITY BENEFIT CONTRIBUTION: Consistent with the submittal documents, the applicant has agreed to provide a community benefit contribution of $2 Million, which must be made payable to the City of Mountain View. Payment must be provided on a pro-rata basis with each building based on its unit count prior to issuance of each respective the building’s certificate of occupancy. The payment associated with each building’s certificate of occupancy shall be: $185,758.51 for Building A, $600,619.19 for Building B, and 1,213,622.30 for Build ing C. Applicant shall execute a n agreement with the City prior to building permit issuance specifying the terms of payment of the Community Benefit Fee in accordance with this condition.
CONSTRUCTION ACTIVITIES
39. MULTI-PHASE DEVELOPMENT: Construction of the project shall be done in multiple phases, as described below and shown in the approved plan set, to be completed in conformance with Section 36.56.65 of the Zoning Code. The entitlement becomes void if there has been no significant construction activity for a period of one (1) year, notwithstanding previous constructi on activity. The permit shall not be deemed “used” until the permittee has actually obtained a building permit and commenced construction.
a. Phase 1: Demolition of structures on future park parcel and clearing of park parcel site.
b. Phase 2: Demolition of structures and construction of Building A and central trash compactor (park parcel site may still be getting cleared and prepared for construction staging and parking when Building A construction commences).
c. Phase 3 : Demolition of structures and construction of Building B (Building A may still be under construction when Building B construction commences).
d. Phase 4: Completion of construction of Building A (Building B may still be under construction).
e. Phase 5: Completion of construction of Building B.
f. Phase 6: Demolition of structures and construction of Building C.
g. Phase 7: Completion of construction of Building C.
40. WORK HOURS/CONSTRUCTION SITE SIGNAGE: No work shall commence on the job site prior to 7:00 a.m. nor continue later than 6:00 p.m., Monday through Friday, nor shall any work be permitted on Saturday or Sunday or any holiday unless prior approval is granted by the Chief Building Official. The g eneral contractor, applicant, developer, or property owner shall erect a sign at all construction site entrances/exits to advise subcontractors and material suppliers of the working hours and contact information, including an after-hours contact. Violation of this condition of approval may be subject to the penalties outlined in Section 8.06.05 of the City Code and/or suspension of building permits.
41. 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
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also include a monitoring and enforcement measure which specifies on -street parking is prohibited and will be monitored by the owner/operator of the property (or primary contractor), and penalties will be enforced by the owner/operator of the property (or primary contractor) for violations of on -street parking restrictions. The construction parking management plan shall be subject to review and approval prior to the issuance of building permits.
42. NOTICE OF CONSTRUCTION: The applicant shall notify neighbors within 750’ of the project site of the construction schedule in writing, prior to construction. Separate notices are required for each phase of construction. A copy of the notice and t he mailing list shall be submitted for review prior to issuance of building permits.
43. DISTURBANCE COORDINATOR: The applicant shall designate a “disturbance coordinator” who will be responsible for responding to any local complaints regarding construction noise. The coordinator (who may be an employee of the general contractor) will determine the cause of the com plaint and will require that reasonable measures warranted to correct the problem be implemented. A telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site fence and on the notif ication sent to neighbors adjacent to the site. The sign must also list an emergency after-hours contact number for emergency personnel.
44. 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.
45. 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.
46. BASIC AIR QUALITY CONSTRUCTION MEASURES: The applicant shall require all construction contractors to implement the latest guidance on basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) to reduce fugitive dust emissions. Emission reduction measures will include, at a minimum, but are not limited to, 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 per day; (b) all haul trucks transporting 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 pro hibited; (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 grading unless seeding or soil b inders 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 by a certified mechanic and determined to be
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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.
47. 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 activi ties to allow for proper characterization and evaluation of disposal options; (c) the contractor will monitor the area around construction site for fugitive vapor emissions with appropriate fiel d 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.
48. 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 , defined as one meeting the U.S. Secretary of the Interior’s Professional Qualifications Standards for Archaeology, and Native American representative can assess the significance of the find. The qualified archaeologist and the Native American representative shall insp ect the find within 24 hours of discovery and notify the City of their initial assessment. 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.
49. 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 adja cent 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.
50. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if av oidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.
51. 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).
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52. 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 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 t hrough August 31. If active nests are observed on the project site, 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. 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 five 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.
PUBLIC RESOURCES CODE SECTION 21080.66 REQUIREMENTS
53. DISCOVERY OF TRIBAL CULTURAL RESOURCES: If indigenous or historic-era archaeological resources are encountered during construction activities, all activity within 100’ of the find shall cease and the find shall be flagged for avoidance. The City and a qualified archaeologist, defined as one m eeting the U.S. Secretary of the Interior’s Professional Qualifications Standards for Archaeology, and a Native American representative shall be immediately informed of the discovery. The qualified archaeologist and the Native American representative shal l inspect the find within 24 hours of discovery and notify the City of their initial assessment. Indigenous archaeological materials might include obsidian and chert -flaked stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; cult urally darkened soil (midden) containing heat -affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, hand stones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-era materials might include building or structure footings and walls, and deposits of metal, glass, and/or ceramic refuse. If the find is determined to be potentially significant, the archaeologist, in consulta tion with the Native American representative, will develop a treatment plan that could include site avoidance, capping, or data recovery.
54. SACRED LANDS INVENTORY: Prior to the issuance of the of final subdivision map for the project site, the applicant shall submit a request to the Native American Heritage Commission to search the Sacred Lands Inventory for Native American cultural resources identified at the project site.
55. TRIBAL MONITORING: Consistent with Public Resources Code Section 21080.66(b)(4), as requested by Tamien Nation during the AB 130 tribal consultation process, the applicant shall include tribal monitoring during all ground -disturbing activities as follows:
a. The California Native American tribe shall designate the monitor.
b. The tribal monitor shall comply with the project applicant’s site access and workplace safety requirements.
c. The project applicant shall compensate the tribal monitor at a reasonable rate, determined in good faith, that aligns with customary compensation for cultural resource monitoring, taking into account factors such as the scope and duration of the project.
56. TRIBAL NOTIFICATIONS (GROUND -DISTURBING ACTIVITY): At least 60 days prior to commencing any ground -disturbing activities on the project site, the applicant shall provide the City with written notice of intent to commence the ground - disturbing activities, and the City shall provide such notice to the Calif ornia Native American tribes (as defined by Public Resources Code Section 21073) that are traditionally and culturally affiliated with the project site.
57. TRIBAL/ARCHAEOLOGICAL RECORDS SEARCH: Prior to the issuance of the first demolition, grading, or building permit on the project site, the applicant shall complete a California Historical Resources Information System archaeological records search
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and a tribal cultural records search for the project site and share such search results with the City and the following tribe s:
Tamien Nation, Kanyon Sayers-Roods, Mewekma Ohlone, and Costanoan Rumsen Carmel Band.
58. TRIBAL CULTURAL AWARENESS TRAINING: As requested by Tamien Nation during the AB 130 tribal consultation process for the project, the applicant shall provide a Tribal Cultural Awareness Training (TCAT) to the construction crews at the beginning of the project to aid those involved in the project to become more familiar with the indigenous history of peoples in the vicinity of the project site, as follows:
a. The California Native American tribe shall designate the TCAT provider.
b. The project applicant shall compensate the TCAT provider at a reasonable rate, determined in good faith, that aligns with customary compensation for such services.
c. The project applicant must provide proof of an executed TCAT agreement prior to the issuance of the first demolition, grading, or building permit on the project site.
59. FREEWAY PROXIMITY MEASURES: Pursuant to Section 21080.66 (c)(1) of the Public Resources Code, because the project site is located within 500’ of a freeway, buildings within 500’ of State Route 85 shall comply with all of the following:
a. Such buildings shall have a centralized heating, ventilation, and air-conditioning system.
b. The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway.
c. The building shall provide air filtration media for outside and return air that provides a minimum efficiency reporting value of 16.
d. The air filtration media shall be replaced at the manufacturer’s designated interval.
e. The building shall not have any balconies facing the freeway.
60. PRELIMINARY ENDANGERMENT ASSESSMENT: Consistent with Public Resources Code Section 21080.66(c)(1), the applicant shall prepare a Phase I, and if needed, a Phase II, Environmental Site Assessment for the property. If a recognized environmental condition is found in the Phase I or Phase II Environmental Site Assessment, prior to the issuance of the first demolition, grading, or building permit on the project site, the applicant shall complete a preliminary endangermen t assessment, as defined in Health and Safety Code Section 78095, prepared by an environmental assessor, and submit the same to the City’s Community Development Department for review to determine the existence of any release of any unknown and identified hazardous substance on the site and to determine the potential for exposure of future occupants to signif icant health hazards from any nearby property or activity.
a. If a release of a hazardous substance is found to exist on the site, the applicant shall remove the release or mitigate any effects of the release to levels required by then-current federal and state statutory and regulatory standards before the City issues the first Certificate of Occupancy for the project.
b. If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the applicant shall mitigate effects of the potential exposure to levels required by then -current federal and state statutory and regulatory standards before the City issues the first certificate of occupancy for the project.
Housing Department—650-903-6190 or [email protected]
61. BMR RENTAL, PROVIDING UNITS: Prior to issuance of the first building permits for the project, the applicant shall enter into a recorded Below-Market-Rate (BMR) and Density Bonus Agreement with the City that will require the applicant to provide at least 15% of the total base density number of dwelling units within the development as BMR units consistent with Chapter 36, Article XIV, Divisions 1 and 2, of the City Code and the BMR Housing Program Administrative Guidelines and Directives. Prior
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to the issuance of the building permits, the applicant shall also submit for City approval any changes that have been made to the previously submitted, reviewed and approved plan indicating the location, size, and phasing of BMR units. This results in a total of forty-eight (48) units being available. The units will be designated as follows: seventeen (17) units at fifty percent (50%) area median income (AMI), fourteen (14) units at sixty-five percent (65%) AMI, and seventeen (17) units at eighty percent (80%) AMI. This is in accordance with the units outlined in the Affordable Housing Compliance Plan dated January 26, 2026, including BMR unit locations indicated on the plan set dated January 26, 2026. The BMR units may be counted toward the Density Bonus unit requirements, provided the strictest AMI limits are applied. The Housing Department reserves the right to review, approve, or deny any modifications proposed by the developer to the Affordable Housing Compliance Plan or unit delivery.
62. BMR AND DENSITY BONUS AGREEMENT, PROCESS: Prior to the first building permit submittal, the applicant shall contact the Housing Department at 650 -903-6190 to begin preparation of a BMR and Density Bonus Agreement for the project. The applicant shall submit the following information: (a) a copy of the Findings Report or Conditions of Approval; (b) a legal description of the property; (c) a site plan indicating the location, size, and phasing of BMR units in compliance with the City’s BMR Ordinance; (d) updated affordable housing compliance plan; and (e) additional information as requested by the Housing Department. The BMR and Density Bonus agreement must be recorded prior to the issuance of the first building permit for the project.
63. DENSITY BONUS, AFFORDABLE HOUSING UNITS: Under the provisions of State Density Bonus Law, the applicant must submit an offer to construct forty eight (48) affordable rental units for fifty percent (50%) to eighty percent (80%) AMI. The applicant shall enter into an agreement with the City consistent with the Costa-Hawkins Act, as applicable, that addresses these on-site affordable rental housing units requirements, which shall be executed and recorded against the property prior to the issuance of the first building permit for the project.
64. 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), including the use of federal rules and regulations if applicable to the project.
65. BMR, FRACTIONAL IN-LIEU FEES: The building permit submittal shall identify the aggregate net new habitable square footage of all residential units in the project. Prior to the issuance of the first building permit for the development, the applicant shall pay a rental Housing In-Lieu Fee as defined by the City fee schedule for all net new habitable square feet as applied to the total project. For purposes of calculating the fee, the project includes construction of 339,620 net new habitable square feet fo r which the Fractional In-Lieu Fee applies. The total fee is estimated to be $371,111.08.
Building Division—650-903-6190 or [email protected]
Entitlement review by the Building Division is preliminary. Building and Fire plan check reviews are separate permit processes applied for once the zoning approval has been obtained and appeal period has concluded; a formal permit submittal to the Buildin g Division is required. Plan check review shall determine the specific requirements and construction compliance in accordance with adop ted local, state, and federal codes for all building and/or fire permits. For more information on submittal requirement s and timelines, contact the Building Division online at www.mountainview.gov/building. It is a violation of the MVCC for any building occupancy or construction to commence without the proper building and/or fire permits and issued Certificate of Occupancy.
66. BUILDING CODES: Construction plans will need to meet the current codes adopted by the Building Division upon building permit submittal. Current codes are the 2025 California Codes: Building, Residential, Fire, Electrical, Mechanical, Plumbing, CALGreen, CALEnergy, in conjunction with the City of Mountain View Amendments, and the Mountain View Green Building Code (MVGBC).
67. USE AND OCCUPANCY CLASSIFICATION: Provide proposed use(s) and occupancy(ies) for the proposed project per the CBC, Chapter 3.
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68. SPECIAL REQUIREMENTS BASED ON OCCUPANCY AND USE: Project shall comply with the requirements per the CBC, Chapter 4.
69. DWELLING UNIT SEPARATION: Private garage separation required per the CBC, Section 406.3.2.
70. 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.
71. BUILDING HEIGHT AND NUMBER OF STORIES: The project shall comply with the requirements per the CBC, Chapter 5, Section 504.
72. BUILDING AREA: The project shall comply with the requirements per the CBC, Chapter 5, Section 506.
73. MIXED USE AND OCCUPANCY: The project shall comply with the requirements per the CBC, Chapter 5, Section 508.
74. OCCUPANCY SEPARATION: Proper separation is required to be provided between occupancies per the CBC, Table 508.4.
75. TYPE OF CONSTRUCTION: Provide the type of proposed construction per Chapter 6 of the CBC.
76. FIRE AND SMOKE PROTECTION FEATURES: The project shall comply with the requirements per the CBC, Chapter 7.
77. MINIMUM DISTANCE OF PROJECTIONS: The project shall comply with the requirements per the CBC, Chapter 7 (Table 705.2).
78. BUILDINGS ON THE SAME LOT: The project shall comply with the requirements per the CBC, Chapter 7, Section 705.3.
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. MEANS OF EGRESS: The project is required to comply with the requirements per the CBC, Chapter 10, Means of Egress.
82. OCCUPANT LOAD: The project shall comply with Table 1004.5, Maximum Floor Area Allowance per Occupant, per the CBC, Chapter 10, Section 1004.
83. ACCESSIBLE MEANS OF EGRESS: The site must meet accessible means of egress per the CBC, Chapter 10, Section 1009.
84. EMERGENCY ESCAPE AND RESCUE: The project shall comply with the egress window requirements per the CBC, Section 1031.
85. ACCESSIBILITY REQUIREMENTS:
• Chapter 11A: The project will be required to comply with the accessibility requirements in the CBC, Chapter 11A.
• Chapter 11B: The project will be required to comply with the accessibility requirements in the CBC, Chapter 11B.
86. MVGBC CALGREEN: The project shall comply with the Mountain View CALGreen checklist requirements available online at www.mountainview.gov/greenbuilding.
87. PLUMBING FIXTURES: The project shall comply with Table 422.1 of the California Plumbing Code (CPC), Section 4.
88. PLUMBING: The project will be subject to the submetering requirements per Senate Bill 7 (Housing: Water Meters for Multi- Unit Structures).
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89. UTILITIES: No utilities shall cross property lines.
90. STRUCTURAL CALCULATIONS: Structural calculations may be required once the application for a building permit is submitted.
91. SERVICE DISCONNECT: The service-disconnecting means shall have a rating of not less than 125 amperes, as amended in MVCC Section 8.51.D.
92. 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.
93. APPROVALS REQUIRED: The project requires approval of the Santa Clara County Environmental Health Department (SCCHD) prior to building permit submittal to the Building Division. Visit SCCHD online at https://ehinfo.sccgov.org/home or by phone at 408-918-3400 to obtain information and requirements for approval.
94. 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.
95. 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.
96. SIGNS: Proposed signs are to be a deferred submittal under a separate building permit application.
97. FEMA FOR NONRESIDENTIAL DEVELOPMENT (CBC): Projects located within Flood Zone X shall comply with Chapter 1612, Flood Loads, by the CBC, Appendix G, Flood-Resistant Construction, by the CBC, and MVCC Sections 8.160 to 8.164. Proposed structures are to be built per FEMA requirements and enforced by the Mountain View Public Works Department.
98. 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.
99. 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 agreement); 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
100. FIRE SPRINKLER SYSTEM: Provide an automatic fire sprinkler system to be monitored by a central station monitoring alarm company. This monitoring shall include water flow indicators and tamper switches on all control valves. Shop-quality drawings shall be submitted electronic ally for review and approval. The underground fire service system shall be approved prior to
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approval of the automatic fire sprinkler system. All work shall conform to NFPA 13, NFPA 24, NFPA 72, and Mountain View Fire Department specifications. (City Code Sections 14.10.30 and 14.10.31 and California Fire Code Section 903.)
101. 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.)
102. FIRE PROTECTION DURING CONSTRUCTION: Every building four stories or more in height shall be provided with no fewer than one standpipe for use during construction. Such standpipe(s) shall be installed when the progress of construction is not more than 40’ in height above the lowest level of Fire Department access. Such standpipe(s) shall be provided with Fire Department hose connections at accessible locations adjacent to usable stairs, and the standpipe outlets shall be located adjacent to su ch usable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor, there shall be provided a 2.5” valve outlet for Fire Department use. (California Fire Code, Chapter 33.)
103. FIRE HYDRANTS: Hydrants in accordance with the Department of Public Works Standard Provisions shall be located every 300’ (apart) and within 150’ of all exterior walls. Installation shall be complete and the system shall be tested prior to combustible construction.
104. 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.)
105. 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.)
106. FIRE EXTINGUISHERS (COOKING AREAS): Install Class K fire extinguishers in commercial cooking equipment areas. (California Code of Regulations, Title 19, Chapter 3, and California Fire Code, Section 904.13.)
107. FIRE EXTINGUISHING SYSTEMS: Shop-quality drawings for the cooking appliance fire extinguishing system(s) shall be submitted electronically. (California Fire Code, Section 904.2.2.)
108. 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.)
109. 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.)
110. 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
111. LOCKBOX: Install an approved key lockbox per the Fire Protection Engineer’s directions. (California Fire Code, Section 506.)
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112. 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. Required for entry to secured access areas such as stairwells and at parking garage gates.
113. FIRE APPARATUS ACCESS ROADS: Access roads shall have 13’6” unobstructed vertical clearance, 20’ of unobstructed width (26’ where building occupied floors exceed 30’ height), and minimum turning radii of 21’ (inside turning radius). Unobstructed width shall mean a clear travelway, excluding parking width, and designed for an emergency vehicle weight of 70,000 pounds.
Unobstructed width shall not include the width of rolled curbs, sidewalks, or nondrivable surfaces. (California Fire Code, Section 503, and Mountain View City Code, Sections 14.10.14, 14.10.15, and 14.10.16.)
114. FIRE APPARATUS TURNAROUNDS: Dead-end fire apparatus access roads in excess of 150’ in length shall be provided with approved provisions for the turning around of apparatuses. “Approved provisions” shall mean that turnarounds, in accordance with Mountain View Fire Department specifications, are provided in locations such that fire apparatuses shall never be more than 150’ away from the closest turnaround. (California Fire Code, Section 503.)
115. FIRE LANE MARKING: “NO PARKING—FIRE LANE” signs shall be posted along fire lanes, and curbs shall be painted red with the words “NO PARKING—FIRE LANE” stenciled in white on the top and side of the curb. (California Fire Code, Section 503.)
116. ALL-WEATHER FIRE APPARATUS ACCESS ROADS: Prior to combustible construction, an all -weather access road capable of supporting emergency vehicles (70,000 pounds) shall be constructed to allow access within 150’ of every portion of the project.
Access roads shall have 13’6” overhead clearance, 20 ’ of unobstructed width, and 21’ inside turning radius. (California Fire Code, Section 503.)
117. 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
118. 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.)
119. 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.)
120. 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.)
121. 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, or other similar decorative material; and (3) posting of a maximum occupant load sign. (California Code of Regulations, Title 19, Sections 3.08, 3.21, and 3.30.)
122. 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.)
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123. 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.
124. 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.)
125. 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.)
126. 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.)
127. 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.)
EXTERIOR IMPROVEMENTS
128. REFUSE AREAS: Refuse areas within 5’ of combustible construction or building openings shall be protected with automatic fire sprinklers. A maximum of two sprinkler heads are permitted off a 1” domestic water service. Approved accessible shutoff valves shall be provided. (California Fire Code, Section 304.3.)
129. PREMISES IDENTIFICATION: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Address signs shall be a minimum of 6” in height and a minimum of 0.5” in width. (Mountain View City Code, Section 14.10.18.)
OTHER
130. EMERGENCY ESCAPE OPENING ACCESS: Provide clear space and ladder pads at ground level for emergency escape opening access in R occupancies. Ladder pads shall be accessible by fire crews with a three -section, 12’ long ladder. Awnings and window shades shall be designed to not interfere with ladder access. (California Building Code, Section 1031.)
131. EMERGENCY RESPONDER RADIO COVERAGE: All buildings shall have approved radio coverage for emergency responders within the building. (California Fire Code, Section 510.)
Public Works Department—650-903-6311 or [email protected]
OWNERSHIP AND PROPERTY
132. 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 c urrent legal owners of the property(ies), their type of ownership (individual, partnership, corporation, etc.), and legal description of the property(ies) involved in compliance with Section 27.60 of the City Code. T he title report shall include all easements and agreements referenced in the title report as links or separate submitted documents.
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 shall be submitted electronically (i.e., flattened, reduced-size PDFs).
133. SUBDIVISION: Any combination or division of land for sale, lease, or financing purposes requires the filing and approval of a tentative map, completion of all conditions of subdivision approval, and the recordation of the final map, all prior to the
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issuance of the building permit. In order to place the approval of a final map on the City Council agenda, all related mater ials must be completed and approved a minimum of 60 calendar days prior to the Council meeting date.
RIGHTS-OF-WAY
134. STREET DEDICATION: Dedicate a public street in fee to complete the cul -de-sac on Cypress Point Drive in accordance with Sections 27.59 and 27.61 of the City Code. The property line shall be 5’ behind the face of curb.
135. PEDESTRIAN ACCESS EASEMENT (SIDEWALKS): Dedicate a pedestrian access easement of varying width along Moffett Boulevard and Cypress Point Drive to cover segments of public sidewalk meandering on -site along the project frontage as shown on the tentative map.
136. PUBLIC ACCESS EASEMENT (CONNECTIONS THROUGH SITES): Prior to the issuance of any building permits and prior to approval of the final map , the owner shall provide an irrevocable offer of dedication for an 8’ wide public access easement (PAE), covenants, agreements, and deed restrictions on private property along the pedestrian pathway from Middlefield Road to Cypress Point Drive. The dedication shall indicate that:
a. Public access shall be granted for nonautomotive use at all times;
b. The owner shall maintain, inspect, and monitor the PAE improvements in good order, condition, and repair and in compliance with the Americans with Disabilities Act (ADA);
c. The PAE shall run with the land and be binding upon any successors;
d. If the owner shall fail to abide by the PAE, the owner agrees to pay all reasonable costs and expenses incurred by the City in enforcing the performance of such obligations; and
e. The owner agrees to indemnify, defend, and hold the City and the City’s officers, employees, and agents harmless from any liability for damage or claims for damage for personal injury, including, but not limited to, death and/or property damage caused by negligent acts, errors, or omissions in the performance of services or operations under the Dedication, including maintenance operations performed on the PAE by the owner or the owner’s contractors, subcontractors, agents, or employees.
The dedication shall be accepted by the City upon the owner’s completion of the improvements within the easement area, which must occur prior to the release of occupancy of Building B.
A legal description (metes and bounds) and plat map (drawing) of: (1) the owner’s property; and (2) the PAE area shall be prepared by the owner in accordance with the City’s Legal Description and Plat Requirements and submitted to the Public Works Department for review and approval.
137. 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 and in compliance with Section 28.9.05 (Easements) of the City Code. 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 system s; and private utility lines running longitudinally within the PUE.
138. PUBLIC SERVICE EASEMENT: Dedicate a public service easement (PSE) to the utility company(ies) for the proposed electric, gas, and telecommunication conduits and vaults serving the project.
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139. 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
140. MAP PLAN CHECK FEE: Prior to the issuance of any building permits OR prior to approval of the final map, as applicable, the applicant shall pay the map plan check fee in accordance with Sections 28.6.b and 28.7.b of the City Code per the rates in effect at time of payment. The map plan check fee shall be paid at the time of the first map plan check submittal per the adopted fee in effect at time of payment.
141. PLAN CHECK AND INSPECTION FEE: Prior to the issuance of any building permits OR prior to approval of the final map, the applicant shall pay the plan check and inspection fee in accordance with Sections 27.60 and 28.8.10 of the City Code per the adopted rates in effect at time of payment.
An initial plan check fee based on the Public Works fee schedule shall be paid at the time of the first improvement plan submittal based on the initial cost estimate (Infrastructure Quantities) for constructing street improvements and other public faciliti es; public and private utilities and structures located within the public right -of-way; and utility, grading, and driveway improvements for common green and townhouse -type condominiums. Once the plans have been approved, the approved cost estimate will be used to determine the final bond amounts, plan check fees, and inspection fees. Any paid initial plan check fee will be deducted from the approved final plan check fee.
142. TRANSPORTATION IMPACT FEE: Prior to the issuance of any building permits or prior to the approval of the final map, the applicant shall pay the transportation impact fee for the development in accordance with Chapter 43 (Citywide Transportation Impact Fee) of the City Code and Cal ifornia Government Code Section 65589.5(o). If the project qualifies under California Government Code Section 66007(c)(4), the project may request the deferral of the payment of this fee until final inspection granting occupancy.
143. WATER AND SEWER CAPACITY CHARGES: Prior to the issuance of any building permits, the applicant shall pay the water and sewer capacity fees for the development in accordance with Section 35.41 (Additional capacity -based charges; basis for determination of cost) of the City Code and California Government Code Section 65589.5(o). If the project qualifies under California Government Code Section 66007(c)(4), the project may request the deferral of the payment of this fee until final inspection granting occupancy.
144. PARK LAND DEDICATION: To satisfy Parkland Dedication Requirements, applicant has proposed to dedicate 1.34 acres of public park land in accordance with Chapter 41 of the City Code for the development as part of the final map. The applicant or applicant’s successor shall comply with all of the following:
1. The applicant or applicant’s successor shall record an irrevocable offer of dedication (“IOD”) for the park land prior to issuance of the first building permit or recordation of final map, whichever occurs first. a. The IOD will stipulate that the City may accept the offer of dedication upon the earlier occurrence of: (1) issuance of the certificate of occupancy for the final building; (2) 6 years after issuance of the final building permit; or (3) March 24, 2036, 10 years after the project approval by the City Council. b. The IOD shall stipulate that upon acceptance of the offer, the City shall grant the applicant or applicant’s successor a leaseback option to utilize the property at no cost for staging of construction materials and equipment for up to 24 months. If after 24 months the property is still needed for construction staging, the City may charge rent at fair market value for each month beyond 24 months. At the end of the lease period, the property shall be vacated by the applicant or applicant’s successor and deli vered to the City in “development-ready” condition.
2. The applicant shall comply with the following environmental requirements:
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a. Baseline Conditions: Prior to the recordation of the IOD, the applicant shall provide a current Phase I Environmental Site Assessment (and Phase II if recommended in the Phase I). These reports establish the agreed Baseline Environmental Condition. The City accepts the Property subject to the disclosed Baseline Condition. The applicant or applicant’s successor is not responsible for pre -existing conditions identified in the Baseline Condition.
b. Ongoing Responsibility (Until Transfer): The applicant or applicant’s successor shall comply with environmental laws, avoid causing contamination of the park land, and notify the City of any release of hazardous materials at the park land. The applicant or applicant’s successor is responsible only for park land contamination caused by its activities beyond the Baseline Conditions. c. Condition Before Transfer: Within six months prior to transfer, the applicant or applicant’s successor shall provide an updated Phase I Environmental Site Assessment (and Phase II if recommended in the Phase I). Any new contamination beyond the disclosed Baseline Condition shall be remediated by the applicant or applicant’s successor to the Baseline Condition.
145. PARK LAND CONDITION: Prior to the City’s acceptance of the park land dedication, the parcel dedicated for a public park shall clear of any debris, graded toward the public street, and the topsoil stabilized.
146. CITY LAND DEDICATION/CONVEYANCE REQUIREMENTS: For any land conveyed to the City, the following process is required for the City to accept the land parcel(s):
a. Required Site Preparation: The applicant shall complete the following activities prior to City acceptance of park land dedication:
1. Site Construction/Infrastructure. The applicant shall ensure that the dedicated parcel is “development-ready” by removing all existing structures, landscaping, and improvements on-site, including existing utilities and trees, and finish the site to a rough-grade finish, graded toward the public street, and the topsoil stabilized to the satisfaction of the City. The parcel must be clear of all debris.
(a) For land dedicated for park development, the applicant shall provide utility stubs to the property line and install all frontage improvements along the public street(s).
(b) For land dedicated for residential development, the applicant shall provide all infrastructure necessary to serve the units to the property line from the public street, including sewer, utilities, water, electricity, street access, and all frontage improvements on the dedicated parcel(s).
Any “development-ready” work will require a separate demolition permit for on-site work if: (1) it is completed earlier than prescribed herein; or (2) it is not included on the building permit plans for a given development phase. All work in the public right-of-way will require an excavation permit.
c. Land Transfer: The applicant shall offer the fee interest in parcel in dedication to the City on the face of a phased final map. Prior to conveying the land to the City, the applicant shall provide a preliminary title report and a grant deed, each subject to City approval. For dedicated parcels for residential development only, conveyance shall be accepted through escrow with a title company that the applicant and City mutually and jointly instruct.
STREET IMPROVEMENTS
147. 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 curb, gutter, sidewalk, and half-street grind and overlay along the complete project frontage, new stormwater, C.3 treatment, sanitary sewer, and water meter connections for each building and the public park, new backflow preventer and water meters, new electroliers, and undergrounding of overhead electric.
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a. Improvement Agreement: Prior to the issuance of the building permit OR approval of the final map, the property owner must sign a Public Works Department improvement agreement for the installation of the public improvements.
b. Bonds/Securities: Prior to the issuance of any building permits OR approval of the final map, the property owner must sign a Public Works Department faithful performance bond (100% of Infrastructure Quantities) and materials/labor bond (100% of Infrastructure Quantities), or provide a cash deposit (100% of Infrastructure Quantities), or provide a letter of 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 in accordance with Section 27.36 of the City Code. 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 l ist of approved sureties is available at:
www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm. The bond amount must be below the underwriting limitation amount listed on the Department of the Treasury’s Listing of Approved Sureties. The surety must be licensed to do business in California. Guidelines for security deposits are available at the Public Works Department.
c. Insurance: Prior to the issuance of any building permits OR approval of the final map, the property owner must provide a Certificate of Insurance and endorsements for Commercial General Liability and Automobile Liability naming the City as an additional insured from the entity that will sign the improvement agreeme nt. The insurance coverage amounts are a minimum of Two Million Dollars ($2,000,000) Commercial General Liability, One Million Dollars ($1,000,000) Automobile Liability, One Million Dollars ( $1,000,000) Contractors’ Pollution Liability, and One Million Dollars ($1,000,000) Workers’ Compensation. The insurance requirements are available from the Public Works Department.
148. INFRASTRUCTURE QUANTITIES: Submit with the first submittal of the building permit and improvement plans a construction cost estimate indicating the quantities of street and utility improvements. A separate construction cost estimate shall also be submitted with the first submittal of the building permit and improvement plans for private co mmon 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 inspection fees. The construction cost estimate shall be prepared by the civil engineer preparing the improvement plans.
149. EXCAVATION PERMIT: 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 Department. Permit applications are available online from the D evelopment Permits website at: https://developmentpermits.mountainview.gov/about- permits/applications. 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.
150. OFF-SITE IMPROVEMENT PLANS: Prepare off-site public improvement plans in accordance with Chapter 28 of the City Code, Section 27.60 of the City Code, the City’s Standard Design Criteria, Submittal Checklist, Plan Review Checklist, and the conditions of approval of the project. The plans are to be drawn on 24”x36” sheets at a minimum scale of 1” = 20’. The plans shall be stamped by a California-registered civil engineer and shall show all public improvements and other applicable work within the public right-of-way.
Traffic control plans for each phase of construction shall be prepared in accordance with the latest edition of the Californi a Manual of Uniform Traffic Control Devices (CA MUTCD) for work that impacts traffic on existing streets. Construction management plans of on-site parking for construction equipment and construction workers and on-site material storage areas must be submitted for review and approval and shall be incorporated into the off -site improvement plans identified “For Reference Only.”
Off-site improvement plans, an initial plan check fee and map plan check fee based on the Public Works fee schedule, Improvement Plan Checklist, and items noted within the checklist must be submitted together as a separate package concurrent with the first submittal of the building plans and final map.
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
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flash drive with CAD file and PDF must be submitted to the Public Works Department prior to the issuance of the building permit OR approval of the final map.
151. TRAFFIC CONTROL PLANS: 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 lane 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 Ca lifornia 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.).
152. 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 (the use of Cypress Point Drive shall be minimized where feasible).
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 trailer shall be located on-site or at a site nearby (not on a public street or public parking) arranged by the permittee/contractor.
• Construction equipment, materials, or vehicles shall not be stored or parked on public streets or public parking lots, unless approved by the Public Works Director due to special conditions. Provide logistics plan and details of how equipment and materi als will be transported to job site and identify on the plans where drop -offs are proposed for each phase of construction. For off -site storage, provide truck route to and from storage area to project site.
• 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. For off-site parking, provide logistics plan and details of how workers will be transported to job site and identify on the plans where worker drop-off is proposed for each phase of construction. City parking lots and garages shall not be used for construction contractor/worker parking.
3. Sidewalks: Sidewalk closure or narrowing is not allowed during any on-site construction activities.
4. Traffic Control and Detour Plans: Submit traffic control plans, including detour plans, when on-site improvements and phases of the construction management plan require temporary roadway, lane, shoulder, and/or bike lane closure.
Provide pedestrian detour plans when necessary.
Traffic control plans shall be prepared in accordance with the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD). A completed Traffic Control Checklist shall be included with each traffic control plan submittal. A separate Excavation Permit from the Public Works Department will be required prior to the issuance of the building permit.
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153. NOTIFICATION OF ADJACENT/AFFECTED PROPERTIES: During improvement plan design, the applicant shall provide advance written notification(s) to owners and tenants of adjacent and affected properties describing the nature of the proposed public improvements and estimated project duration, as determined necessary by the Public Works Department. The notice(s) shall be approved by the City prior to distribution.
154. 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 per City Code Section 27.16.
155. TIE-BACK ENCROACHMENTS: Temporary tie-backs or earthen nails for construction purposes require a separate Encroachment Agreement, plat and legal description, and bond (100%), letter of credit (100%), or cash security (100%) securing the installation and warranty of the temporar y tie-backs. The Encroachment Agreement shall be prepared, executed, and fees paid prior to the issuance of the building permit.
156. 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. Objects, including, but not limited to, landscape, hardscape, monument signs, poles, posts, mailbox banks/cluster, planters, retaining walls, seat walls, ar twork, bicycle racks, parking stalls, etc., shall be in compliance with safety triangle height and clearance requirements in accordance with City Standard Detail A-23. Benches, tables, and chairs shall not be installed in this safety area.
157. 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.
Objects, including, but not limited to, landscape, hardscape, poles, bollards, miscellaneous structures (including columns), signs, mailboxes, planters, retaining walls, seat walls, bicycle racks, partitions, buildings, and other structures, parking stalls, etc., shall be in compliance with safety triangle height and clearance requirements in accordance with City Standard Detail A-22.
158. STREETLIGHTS: All existing City standard streetlights shall be replaced, and new City standard streetlights shall be installed along the project street frontage of Middlefield Road, Moffett Boulevard, and Cypress Point Drive per City standards. All conduits, pullbox es, and wiring shall be removed, replaced, and upgraded along project street frontages. Appropriate clearances per PG&E requirements between existing overhead lines shall be provided where applicable.
159. TRAFFIC SIGNAL EQUIPMENT: Traffic signal equipment at the project corner of Moffett Boulevard and Cypress Point Drive must remain at the existing grade and intact. If any of the traffic signal equipment (e.g., poles, cabinet, pullboxes, condu its, etc.) is touched (e.g., moved, d amaged, 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.
160. 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 Moffett Boulevard and Cypress Point Drive, the contractor shall be responsible for all repair costs (labor and material) and coordination through the maintenance contractor .
Any damage shall be rep orted to the maintenance contractor within one hour and requested as an emergency repair. All repairs shall be consistent with the City’s contract and agreements with the maintenance contractor.
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161. STREET OVERLAY AND/OR PAVEMENT RECONSTRUCTION: Half-street overlay (minimum 2” grind and overlay) and/or pavement reconstruction along the Middlefield Road, Moffett Boulevard, and Cypress Point Drive project street frontage shall be required to address the existing roadway conditions, multiple utility trenches, and impacts from the anticipated construction traffic. The extent of the grind and overlay shall also include areas with significant utility trench reconstruction. Existing street sections shall 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.
162. 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 a nd/or removed as part of construction and pavement work shall be replaced with thermoplastic striping.
163. HIGH-VISIBILITY CROSSWALK: Convert existing crosswalks on Cypress Point Drive at Moffett Boulevard and on Moffett Boulevard at Cypress Point Drive to a high-visibility thermoplastic ladder crosswalk with updated warning signs and pavement markings. Conflicting markings and/or signa ge shall be removed or relocated, during the off -site improvement plan review process.
164. STREET CENTERLINE: Install a double yellow centerline a minimum 50’ from the limit line along Cypress Point Drive. Any conflicting markings or signs shall be removed or relocated.
165. NO PARKING BIKE LANE ALONG MOFFETT BLVD FRONTAGE: Street curbs shall be posted with ‘No Parking Bike Lane’ signs along the entire Moffett Boulevard frontage.
166. RED CURB AT CROSSWALKS: Street curbs adjacent to a public crosswalk on Cypress Point Drive shall be painted red a minimum of 20’ on the approach sides and a minimum of 10’ in each of the other directions.
167. RED CURB AT DRIVEWAY ENTRANCES: Street curbs adjacent to driveway entrances along Cypress Point Drive and Middlefield Road, including entrances to underground parking garages, shall be painted red a minimum of 10’ in each direction.
168. BIKE FACILITY ALONG PROJECT FRONTAGE/INTERSECTION: Green bike lane/bike crossings/skip boxes shall be installed along the project frontage/intersection at Moffett Boulevard and Middlefield Road.
169. 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).
CURBS, SIDEWALKS, AND DRIVEWAYS
170. 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. 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. Due to system compatibility, if one pedestrian push button is changed, all others in the system/intersection shall be upgraded.
171. 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.
172. CURB, GUTTER, SIDEWALK IMPROVEMENTS: Construct new curb, gutter, and sidewalk along the project frontages of Middlefield Road, Moffett Boulevard, and Cypress Point Drive. The sidewalk shall be detached with a landscape strip and designed with a consistent 2% cross -slope from the top of the curb to bac k of the sidewalk and minimal grade breaks in the longitudinal slope of the curb line. Middlefield Road shall have a 5’ wide detached sidewalk with a 5’ wide landscape strip,
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Moffett Boulevard shall have an 8’ wide detached sidewalk with an 8’ wide landscape strip, and Cypress Point Drive shall have a 5’ wide detached sidewalk with a 5’ wide planter strip except as shown on sheets CP1.01 through CP1.05.
173. UTILITY BOX RELOCATION OUT OF SIDEWALK: Move existing utility boxes on Middlefield Road, Moffett Boulevard, and Cypress Point Drive out of the sidewalk and relocate to the Public Service Easement or Public Utility Easement, landscape strip, or behind the back of the curb. Utility boxes must b e located so they fit entirely within the utility easement, landscape strip, or behind the curb and shall not encroach into the sidewalk.
STREET TREES
174. STREET TREES: Install standard City street trees along the street frontage, including where there are gaps in the space of existing street trees.
175. PROTECTION OF STREET TREES ALONG MOFFETT BOULEVARD, MIDDLEFIELD ROAD, AND CYPRESS POINT DRIVE: Existing street trees within the landscape strip along Moffett Boulevard, Middlefield Road, and Cypress Point Drive shall remain and be protected in place as shown on the plans.
176. 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.
177. STREET TREE IRRIGATION: Street trees are to be irrigated by the property owner(s) in accordance with Chapter 32 of the City Code.
UTILITIES
178. 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.
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.
179. 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.
180. 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.
181. 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.
182. 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.
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183. 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, 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. 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. Existing sanitary sewer laterals and s torm connections that are not reused shall be abandoned, and existing face-of-curb drains that are not reused shall be removed.
184. BACKFLOW PREVENTER: Aboveground reduced -pressure backflow preventers are required for all new and existing City potable water and recycled water services per City Code Section 35.28.20 (Requirements for backflow prevention devices).
Backflow preventers shall be located dir ectly 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 buildin gs 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.
185. WATER AND SEWER APPLICATIONS: Upon first submittal of the building permit and improvement plans, the applicant shall submit complete applications for water and sewer service to the Public Works Department if new water services, water meters, fire services, or sewer laterals are required.
186. STORM DRAIN LATERAL: The construction of a new storm drain lateral to the City main, including new storm drain curb inlet, shall be required.
187. OFF-SITE TRASH CAPTURE DEVICES: Trash capture devices in the public right -of-way required to be installed by the Fire and Environmental Protection Division shall be shown and identified on the improvement plans.
188. 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.
189. UNDERGROUNDING OF OVERHEAD SERVICES: All new and existing electric and telecommunication facilities serving the site are to be placed underground, including transformers, unless such undergrounding is not permitted by the utility carrier. The undergrounding of the new and existing overhead electric and telecommunication lines is to be completed prior to the issuance of a Certificate of Occupancy for any new buildings within the site. If allowed by the City, aboveground transformers, pow er meters, and pedestals shall be located so they are screened in the least visible location from the street or to the general public.
190. UNDERGROUNDING OF OVERHEAD LINES: Underground existing overhead electric and telecommunication facilities fronting the property along Moffett Boulevard and/or within the division of land as proposed. The undergrounding work shall be constructed in conjunction with any applicable off -site improvements and completed prior to issuance of a Certificate of Occupancy for any new unit. All poles fronting the property and/or within the division of land shall be removed.
191. 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 facilities, 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
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shall include joint trench design plans. Dedicate utility easements that are necessary for the common utility on the final map.
During joint trench design, the applicant shall provide advance written notification(s) to owners and tenants of adjacent and affected properties describing the nature of the proposed improvements and estimated project duration. The notice(s) must be approved by the City prior to distribution.
GRADING AND DRAINAGE IMPROVEMENTS (ON-SITE)
192. STORMWATER MANAGEMENT: Stormwater Treatment Control Measures in the public right -of-way shall be included in the off-site 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 sh all minimize the number and size of treatment measures within the public right -of-way. Stormwater treatment control measures required under this condition shall be required to enter into a formal, recorded Maintenance Agreement with the City.
193. DRAINAGE PLANS: On-site drainage plans shall be included in the building plans.
194. 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.
195. STORM DRAIN SERVICE CONNECTION: The 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.
196. COVERED OR UNDERGROUND PARKING GARAGE: Drainage from covered or underground parking garages shall be directed to the sanitary sewer system. Sanitary sewer laterals shall be equipped with backwater devices. If any portions of the garage ramps or parking garage are uncovered, drainage from those uncovered portions shall be directed to the storm drain system.
197. 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.
198. STORM DRAIN HOLD HARMLESS AGREEMENT: As portions of the site are or will be lower than the adjacent public street or the surface grade over the City’s storm mains, the owner shall sign an agreement to hold the City harmless against storm surcharges or blockages that may result in on-site flooding or damage prior to approval of the building permit or final map.
199. SANITARY SEWER HOLD HARMLESS AGREEMENT: If the sanitary sewer connection(s) inside the structure(s) is/are less than 1’ above the rim elevation of the upstream sanitary sewer manhole, before approval of the building permit, the owner shall sign an agreement to hold the City harmless against sewer surcharges or blockages that may result in on-site damage prior to approval of the building permit or final map.
SOLID WASTE AND RECYCLING
200. 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.”
201. MOUNTAIN VIEW GREEN BUILDING CODE/CONSTRUCTION AND DEMOLITION DEBRIS ORDINANCE: If this project is subject to the requirements codified in City Code Chapter 16, Article 3, a Construction and Demolition Debris Management Plan (Waste Management Plan) shall be submitted with the building permit application and approved by the Public Wo rks Solid Waste Section prior to the issuance of a building permit. A Final Construction and Demolition Debris Management Plan (Waste Management Plan) shall be submitted and approved prior to final inspection.
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202. 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.”
203. TRASH ENCLOSURE DESIGN AND DETAILS: Include a trash plan with enclosure or room details and collection vehicle access on separate sheet(s) in the initial building plans. The trash plan shall comply with the City’s Solid Waste Collection Design Guidelines. The trash enclosure or room shall meet the minimum required weekly service levels for trash, recycling, and compost. Specify the plans sheets in the building permit plans addressing the following conditions.
This 725-unit residential property must have trash, recycling, and organics/composting service. Recycling must be collected in accordance with the City’s dual-stream program, with paper recycling separated from container recycling.
Display on the plans the trash room layout, location, and dimensions to scale with minimum service levels indicated below.
Building A (30 units)
• Building A Trash Termination room shall have a minimum weekly service level of 6 -yard trash, 2-yard paper recycling, 2-yard container recycling, and 64-gallon compost.
• Building A Trash Termination room shall have the minimum interior measurements of approximately 18’6”x29’8”, not including interior curbs or footing as shown on Formal application drawing sheet T4.0.
Building B (97 units)
• Building B Trash Termination room shall have a minimum weekly service level of 18 -yard trash, 8-yard paper recycling, 4-yard container recycling, and 192-gallon compost as shown on Formal application drawing sheet T4.0.
• Building B Trash Termination room shall have the minimum interior measurements of approximately 22’6”x15’5”x31’9”, not including interior curbs or footing as shown on Formal application drawing sheet T4.0.
Building C (196 units)
• Building C Trash Termination room shall have a minimum weekly service level of 36-yard trash, 18-yard paper recycling, 8-yard container recycling, and 320-gallon compost.
• Building C Trash Termination room shall have the minimum interior measurements of approximately 15’8”x34’11”, not including interior curbs or footing.
Existing Buildings (404 units)
• The existing buildings will maintain existing trash, compost, and recycling service levels. The minimum weekly service levels are 96-yard trash, 30-cubic-yard paper recycling, 14-cubic-yard container recycling, and 576-gallon compost.
• Existing buildings waste shall be transported, by property management, to the trash compactor and recycling staging area for service.
Trash Termination Rooms
• Trash room chutes require a locking mechanism to secure closed at ground level when bins/compactors are removed from underneath for servicing (note on building plans).
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• On collection days, all containers must be brought by property maintenance and placed at staging area and removed promptly after collection. The hauler shall not service Buildings A, B, or C, or existing buildings from the trash rooms.
No roll-out services will be provided from the trash termination rooms.
• In trash rooms, any light switches shall be above the height of a 3-yard bin (5’2”) so it is accessible.
• In trash rooms, the property shall maintain 1’ between bins, interior curbs, and walls in trash rooms as shown on Formal application drawing sheet T4.0 . If there is no interior berm or curb, there shall be bumpers on the walls and around equipment, such as hose bibs, to avoid damage from bins hitting it. Maintain a 6’ wide aisle to maneuver bins around other bins. Label all bins with waste stream and bin size.
• Trash rooms are for collection containers only and not for other storage and shall be labeled “Trash Room.”
• Trash bins, which are customer-owned, shall be gray or black to match state-mandated color coding for trash. The final building plans must note the bin product order specifications, including the colors indicated.
Resident Vestibules
• Buildings A, B, and C resident vestibules require a three -chute system consisting of one trash chute and two recycling chutes (containers and paper collected in different chutes) and sufficient space for compost receptacles (e.g., slim jims) or carts. C ompost receptacles shall be provided in all vestibules and maintained by property management. Property maintenance must empty the compost receptacles into the compost collection carts located at the trash termination rooms daily.
• Provide a detail sheet displaying signage in the residential trash vestibule rooms. Each chute/container must be labeled for trash, paper recycling, container recycling, and compost with eye-level signage installed directly above. Chute clean- outs on the top floor that do not allow placement of eye -level signage above the chute door shall have custom signs installed directly on the chute doors. All trash rooms and chute vestibules must have signage with sorting instructions according to the City’s programs and all signage approved by the Solid Waste Program prior to installation.
Bin and Cart Path of Travel
• The entire path of travel to roll out the trash bins to the trash compactor and recycling staging area for servicing must be flat and smooth. Bins will not be rolled over curbs, pavers, truncated domes, or stamped surfaces.
• Property management will supply and maintain a street -legal vehicle and trailer capable of transporting fully loaded trash bins, paper recycling bins, container recycling bins, and compost carts down Cypress Point Drive and through the property. Path of bin travel details shall be in trash management plan detail sheets.
Trash Compactor and Recycling Staging Area
• The property shall have a 30 -cubic-yard compactor that is equipped with a mechanism for property management to empty full trash bins into the compactor. The compactor will be serviced a minimum of twice per week and have a minimum compaction ratio of 3:1. Include compactor order specifications in building permit supplemental documents.
• The compactor shall be serviced from the trash compactor room. Property management shall be responsible for preparing the compactor for service. The hauler shall not move equipment or provide equipment to move the compactors in order to service them.
• A minimum of 22’ vertical clearance is required at the point of collection. The trash compactor room roll-up door must be 22’ minimum vertical clearance and have keypad access.
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• The property shall have a staging area for container recycling, paper recycling, and compost containers that is the same approximate dimensions shown on CP1.05 directly adjacent to the trash compactor room.
• The property must have a concrete stress pad that is located directly in front of the trash compactor room and a staging area that is at least the same approximate dimensions shown on CP1.05 . Concrete stress pad must be designed to accommodate the weight of a 60,000-pound collection vehicle.
• The staging area must be a flat, smooth, concrete surface. The staging area must be large enough to fit all collection bins with placement of bins in such a way that the driver does not have to move other bins to access the ones they are collecting.
• The staging area and the concrete stress pad shall have “No Parking” signage.
• Any movement of bins over 30’ is subject to hauler rollout fees. The current rollout fee is $0.75 per foot per container per month.
• Property management shall provide 30 -day notice, prior to occupancy, to the City’s waste hauler to set up collection services and allow time to procure all equipment. For the purchase of the property’s own equipment, proof of purchase along with an inst allation date must be provided during building plan review. All equipment (e.g., compactors, containers, towing mechanisms, etc.) must be in place prior to a Certificate of Occupancy (temporary or final) being granted.
Collection Vehicle Circulation
• Property shall install domed back -up mirrors in the staging areas to increase the visibility of the drive aisle for the collection vehicle drivers.
• The collection vehicles shall enter and exit the property on Middlefield Road.
• The collection vehicles shall execute a three-point turn in order to exit the trash collection area utilizing a bump-out area that is the same approximate dimensions shown on CP1.05 of the formal application . The bump -out area must be smooth and flat. Property management shall provide a divider bumper or equivalent to designate the bump-out area.
• There shall be a no -parking zone that is the same approximate dimensions shown on CP1.05 of the formal application directly in front of the bump-out area that must be kept clear in order for the collection vehicles to execute the three - point turn.
• The property shall install a commercial flared driveway instead of a standard driveway at Middlefield Road to provide a wider entry for trash collection vehicles to minimize running over curbs when entering or exiting the property.
• Maintain overhead clearances of 15’ in the travelway and 22’ at the point of collection.
TRANSPORTATION PROGRAMS AND IMPROVEMENTS
204. TRANSPORTATION DEMAND MANAGEMENT (TDM) PROGRAM: The applicant/owner is required to offer the following transportation benefits and commute alternatives to residents of the project for the lifetime of the project. If the propert y is sold to a third party, the third party shall establish a TDM program consistent with these requirements in effect at the time of sale. These alternatives are to encourage use of public transit, bike ridership, provide alternatives to single-occupancy vehicle trips within the City, and aid residents in getting to and from k ey destinations within the City. The following mandatory transportation benefits will be implemented to achieve the project’s trip reduction goals:
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a. Provide and maintain a maximum number of vehicle parking spaces, ensure continued provision of the minimum required number of bike parking spaces, and maintain the provision of two bicycle-repair stations as approved in the project.
b. Communication of local transportation options, including bikeway maps, transit options, and TDM program offerings provided via on-site kiosks, welcome packets, new hire orientations, digital platform(s), and resident apps.
c. Appointment of an on-site employee transportation coordinator to manage and monitor commute alternative programs (or designate a staff member to coordinate with the Mountain View Transportation Management Association (MTMA) on TDM Program activities, as needed).
d. Provide a shared, common, collaborative workspace available to residents and their guests.
e. Provide at least two parking spaces on site at no cost to car-share operators.
f. An accessible, secure storage space for grocery and package delivery shall be provided.
In addition, the applicant/owners is required to provide the following on-site facilities:
g. Short- and long-term bicycle parking facilities consistent with VTA Bicycle Technical Guidelines and the City Zoning Code.
205. TRANSPORTATION DEMAND MANAGEMENT (TDM) MONITORING: The property owner(s), or their representative, shall prepare an annual TDM report and submit it to the City to document the effectiveness of the TDM program. The TDM report shall be prepared by an independent consultant and paid for by the property own er(s) or their representative; the consultant shall work with the property’s TDM coordinator. The TDM report will include a determination of historical resident commute methods, 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 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.
CONSTRUCTION ACTIVITIES, NOTES, AND OTHER APPROVALS
206. SANTA CLARA VALLEY WATER DISTRICT WELLS: Santa Clara Valley Water District (Valley Water) requires the following note to be labeled on the building and improvement plans: “While the Santa Clara Valley Water District (Valley Water) has records for most wells located in the County, it is always possible that a well exists that is not in Valley Water’s records. If previously unknown wells are found on the subject property during development, they must be properly destroyed under permit from Valley Water or registered with Valley Water and protected from damage.”
207. 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 from City streets that ar e attributable to the development’s construction activities. The street cleaning contractor is to have the capability of sweeping the streets with both a broom-type sweeper and a regenerative air vacuum sweeper, as directed by the Public Works Director or designated representative.”
208. OCCUPANCY RELEASE (RESIDENTIAL): The owner/developer shall comply with and include the following note on the off -site or grading/drainage or utility plans: “For residential developments, no residential units will be released for occupancy unl ess the improvements to be constructed to Ci ty standards and/or to be accepted for maintenance by the City, including water meters and sanitary sewer cleanouts as well as trash rooms and/or enclosures, are substantially complete per the City of Mountain View Standard Provisions for Public Works construction. The Public Works Director shall make the determination of what public improvements are substantially complete.”
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And, include a note: “For phased developments, portions of the units may be released for occupancy, at the City’s sole discretion, provided that all public and private improvements (such as, but not limited to, improvements to allow circulation for trash-collection vehicles), conditions of approval, and Building Code requirements that are necessary to support the units to be released for occupancy have been completed, as determined by the City. When all of the improvements are complete and/or ready for acceptance for maintenance by the City Council, the remaining units may be released for occupancy, provided that all other conditions of approval and Building Code requirements have been met.”
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.
209. STATE OF CALIFORNIA CONSTRUCTION GENERAL STORMWATER PERMIT: A “Notice of Intent” (NOI) and “Stormwater Pollution Prevention Plan” (SWPPP) shall be prepared for construction projects disturbing one (1) acre or more of land. Proof of coverage under the State General Construction Activity Stormwater Permit shall be attached to the building plans.
210. 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.
211. CONSTRUCTION SEDIMENT AND EROSION CONTROL PLAN: The applicant shall submit a written plan acceptable to the City which shows controls that will be used at the site to minimize sediment runoff and erosion during storm events. The plan should include installation of the following items where appropriate: (a) silt fences around the site perimeter; (b) gravel bags surrounding catch basins; (c) filter fabric over catch basins; (d) covering of exposed stockpiles; (e) concrete washout areas ; (f) 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.
212. ENGINEERED DRAWINGS: Treatment systems and/or porous pavement, pavers, and other uncompacted surfaces require engineered drawings.
213. SWIMMING POOLS, SPAS, AND FOUNTAINS: Swimming pools, spas, and fountains shall be installed with a sanitary sewer cleanout in a readily accessible nearby area to allow for draining.
214. 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.
215. 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.
216. 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 c ause excessive spray interference of an overhead system; and (e) use of flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. Identify which practices wi ll be used in the building plan submittal.
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217. 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.
218. PRIVATE STREET MAINTENANCE: For residential projects with private streets, the following ongoing maintenance shall be provided: (a) private streets shall be swept at least four times per year; (b) private storm drain inlets shall be cleaned a t least once per year prior to October 15; and (c) common area trash management and litter control. Attach a copy of the contract or maintenance agreement identifying the name, address, and phone number of the party carrying out these maintenance activities.
219. 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”).
220. OUTDOOR VEHICLE/EQUIPMENT WASHING FACILITIES: Outdoor vehicle/equipment washing areas 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) sloping the area inward (negative slope) or in stalling a berm or curb around its perimeter; (c) installing a roof over the wash pad area; and (d) discharging the wash water to an approved wastewater treatment system connected to the sanitary sewer.
221. OUTDOOR STORAGE AREAS (INCLUDING GARBAGE ENCLOSURES): Outdoor storage areas (for storage of equipment or materials which could decompose, disintegrate, leak, or otherwise contaminate stormwater runoff), including garbage enclosures, shall be designed to prevent the run -on of stormwater and runoff of spills by all of the following: (a) paving the area with concrete or other nonpermeable surface; (b) covering the area; and (c) sloping the area inward (negative slope) or installing a berm or curb around its perimeter. There shall be no storm drains in the outdoor storage area.
222. 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.” Runoff 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 th at are exempt from this requirement; and the Infeasibility and Special Projects exemptions from the LID requirement.
The “Stormwater Quality Guidelines for Development Projects” document requires applicants to submit a Stormwater Management Plan, including information such as the type, location, and sizing calculations of the treatment controls that wil l be installed. I nclude three stamped and signed copies of the Final Stormwater Management Plan with the building plan submittal. The Stormwater Management Plan must include a stamped and signed certification by a qualified Engineer, stating that the Stormwater Management Plan complies with the City’s guidelines and the State NPDES Permit. Stormwater treatment controls required under this condition may be required to enter into a formal recorded Maintenance Agreement with the City.
223. 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.
224. 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
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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.
225. 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.
226. PLAN REVIEW AND PERMIT INSPECTION SERVICE FEES: Plan review and permit inspection services are subject to fees. An invoice will be issued for plan review and inspections and a receipt verifying fee payment will be required prior to final building plan approval.
HAZARDOUS MATERIALS
For more information, materials, and worksheets, contact the Fire and Environmental Protection Division of the Fire Department online at http://www.mountainview.gov/fep or by phone at 650-903-6378.
227. HAZARDOUS MATERIALS: If hazardous materials will be stored or used on-site (including paints, thinners, compressed gases, propane, diesel, gasoline, etc.), complete an Environmental Compliance Plan (ECP) application. Attach a copy of the completed ECP to your building plan submittal.
228. ABOVEGROUND DIESEL TANKS FOR EMERGENCY AND STANDBY GENERATORS: Complete an “Aboveground Diesel Tanks for Emergency and Standby Generators” check sheet. All applicable items in the check sheet should be completed and shown on the building plan submittal.
229. INTERIOR/EXTERIOR ABOVEGROUND CLASS III -B TANKS: Complete an “Interior/Exterior Aboveground Class III -B Tanks (including Waste Oil)” check sheet. All applicable items in the check sheet should be completed and shown on the building plan submittal.
230. DECLARATION OF EXEMPTION: If limited quantities of hazardous materials will be used and stored, complete and attach a “Declaration of Exemption” letter to your building plan submittal.
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.