Attachment 3
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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 AN EIGHT-STORY MIXED-USE DEVELOPMENT WITH 140 RESIDENTIAL CONDOMINIUM UNITS, 9,743 SQUARE FEET OF
GROUND-FLOOR COMMERCIAL SPACE AND TWO LEVELS OF BELOW-GRADE PARKING,
UTILIZING STATE DENSITY BONUS LAW, REPLACING EXISTING COMMERCIAL PROPERTIES AND
FOUR RESIDENTIAL UNITS, A PROVISIONAL USE PERMIT TO ALLOW RESIDENTIAL USES (ON UPPER FLOORS ONLY) ALONG THE CASTRO STREET FRONTAGE, AND A HERITAGE TREE REMOVAL PERMIT TO REMOVE SEVEN HERITAGE TREES ON A 1.43-ACRE SITE LOCATED AT 843-903 CASTRO STREET, 700 WEST EL CAMINO REAL AND 750 FAIRMONT AVENUE (APN 158-06-008, 158-06-010, 158-06-036, 158-06-037, 158-06-038, AND 158-06-039), AND FINDING THE PROJECT TO BE CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332 (“IN-FILL DEVELOPMENT PROJECTS”) OF THE CEQA GUIDELINES WHEREAS, on November 8, 2023, Glen Yonekura for Castro GPRV 10, LLC submitted an application (PL-6753) for a Planned Community Permit and Development Review Permit to construct an eight-story, mixed-used development with 140 residential condominium units, 9,743 square feet of ground-floor commercial space, and two levels of below-grade parking, utilizing State Density Bonus Law, replacing existing commercial properties and four residential units, a Provisional Use Permit to allow residential uses (on upper floors only) along the Castro Street frontage, a Heritage Tree Removal Permit to remove seven Heritage trees; and a Vesting Tentative Map for condominium purposes, on a 1.43-acre project site at 843-903 Castro Street, 700 West El Camino Real and 750 Fairmont Avenue; and WHEREAS, th e subject propert y h as a Gener al Plan Land Us e Designation of Downtown Mixed-Use and Medium Density Residential; and
WHEREAS, the subject property is located in the P(19) Downtown Precise Plan; 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 3 acres per 1000 residents. Increases in population 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 3 acres per 1000 residents; and
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WHEREAS, this project is subject to the City’s park land dedication requirements or payment of fees in lieu thereof, as set forth in Chapter 41 of the City Code, and located within the Central Planning Area. Currently, approximately 12,079, or 14%, of the approximately 86,121 residents of Mountain View live within the Central Planning Area. To meet the City’s 3-acre-per- thousand-residents standard, the City must provide approximately 258 acres of parks and recreational facilities for the entire City, with approximately 36 acres located within the Central Planning Area. Currently, the Central Planning Area has only 24.04 acres of parks and recreational facilities, which means there is an 11.96-acre deficit; and WHEREAS, the applicant submitted a request for a concession to render the project eligible for Privately Owned Publicly Accessible (POPA) open space credit under Section 41.11 of the City Code, to be applied toward a reduction of the applicable park land in lieu fee; and WHEREAS, the City and the applicant disagree on whether a concession may be used to modify the eligibility criteria for POPA open space credit set forth in Sections 41.11(a)(2) and
41.11(b) of the City Code, and further disagree on the amount of POPA open space credit the project should receive if a concession can be used for this purpose; and WHEREAS, to avoid the delay, expense and uncertainty of litigation, the City and the applicant entered into a negotiated settlement agreement, which resulted in a condition of approval that requires the applicant to pay a park land in lieu fee in the amount of Two Million Dollars ($2,000,000); and
WHEREAS, the Zoning Administrator and Subdivision Committee held a duly noticed public hearing on October 22, 2025 on said application and recommended the City Council conditionally approve the Planned Community Permit, Development Review Permit, Provisional Use Permit and Heritage Tree Removal Permit, subject to findings and conditions of approval attached hereto, and a related Vesting Tentative Map; and WHEREAS, the City Council held a duly noticed public hearing on April 28, 2026 on said application and received and considered all evidence presented at said hearing, including the recommendation from the Zoning Administrator, the City Council report, project materials, testimony and written materials submitted; and WHEREAS, on that same date, the City Council adopted a companion resolution ordering the conditional vacation of a portion of Fairmont Avenue, between Castro Street and Hope Street, as a public street and public easement thereon; and WHEREAS, on that same date, the City Council adopted a companion resolution declaring the City-owned Fairmont Avenue, between Castro Street and Hope Street, to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(E) upon the vacation of Fairmont Avenue as a public street and public easement; and
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WHEREAS, on that same date, the City Council adopted a companion resolution to conditionally approve a Vesting Tentative Map to create one parcel with 140 residential condominium units and six commercial units on the project site; 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: that, based on substantial evidence in the record, the City Council of the City of Mountain View finds that the project complies with the California Environmental Quality Act, Public Resources Code Section 21000 et seq., and the Guidelines for California Environmental Quality Act, California Code of Regulations, Title 14, Sections 15000 et seq. (CEQA Guidelines), as it is categorically exempt from review pursuant to CEQA Guidelines Section 15332 (“In-Fill Development Projects”) 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 Section 36.50.55 of the City Code to construct an eight-story, mixed-use development with 140 residential condominium units, 9,743 square feet of ground-floor commercial space and two levels of below -grade parking, utilizing State Density Bonus Law:
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 use s and developments; or, if variations from requirements in the applicable Precise Plan are granted, the proposal clearly demonstrates superior site and building design and is in substantial compliance with the intent of the requirements in the applicable P recise Plan. The proposed development is consistent with the applicable provisions of the P(19) Downtown Precise Plan (DTPP), including compliance with setback requirements for Castro Street through placement of building improvements (i.e., commercial arcade and service rooms) at back of walk along Castro Street, a minimum 13’ setback along the Hope Street frontage, and the minimum 5’ side setback along the northern property line adjacent to an existing residential project. Further, the project provides compliant parking, including one parking space per 300 square feet of commercial space, 140 long-term/secure bicycle parking space for residents, and guest/visitor bike parking spaces around the site. The project is also voluntarily providing 167 residential parking spaces, which exceeds City requirements, which do not establish any minimum parking standard for residential uses. The project qualifies for a 100% density bonus (up to 140 units), up to three concessions, and unlimited waivers of development standards that would “physically preclude” construction of the proposed project at the allowed density. Development standards that are relaxed or waived under State Density Bonus Law, Government Code Section 65915, are not “applicable” to the project within the meaning of this finding because state law renders such standards inapplicable to allow the density bonus, concessions, and waivers. The applicant has requested waivers of the following two development standards that would physically preclude construction of the density bonus project: (1) height limits on all project frontages; and (2) upper -story rear setback for sites fronting Castro Street. Zoning standards that are waived under State Density -4-
Bonus Law are not “applicable” for the purposes of consistency review; thus, the waiver or modification of any such standards does not create any inconsistencies between the proposed development and the Precise Plan;
b. The proposed use or development is consistent with the General Plan . The proposed use and development is consistent with the Downtown Mixed -Use and the Medium - Density Residential Land Use Designations of the General Plan as the proposed mixed-use project includes principally permitted ground -floor commercial use space alon g Castro Street and housing units on floors above, which are permitted via a Provisional Use Permit. The project provides residential-only frontages (i.e., housing units and residential accessory uses) along Hope Street and on West El Camino Real, as allowed by the Precise Plan. The project is consistent with several General Plan Land Use Development (LUD) policies, including Policy 3.1 (Land use and transportation), as the project will focus higher densities along West El Camino Real, a major commuter and transit corridor, and within one mile of the Mountain View Transit Center, which provides bus, light rail, and Caltrain commuter rail transit resources; and LUD 3.2 (Mix of land uses) and LUD 3.5 (Diversity) by providing a mixed-use development in/near the City’s downtown commercial core with housing units serving a range of household sizes and income levels, including by providing ownership housing opportunities at different income levels through the associated Vesting Tentative Map proposal. This project also implements General Plan goals and policies to encourage walkable community-gathering destinations, consistent with General Plan Policy LUD 5.3 (Community gathering), which this project does by creating two publicly accessible paseos that provide connectivity through the site, between the adjacent neighborhood and Castro Street and Gateway Plaza, and by lining the paseos with a mix of commercial shops, outdoor commercial amenity spaces, and pedestrian amenities such as seating areas, residential amenity rooms, and a small community room;
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 will meet all California Building Code and California Fire Code requirements as adopted by the City of Mountain Vi ew, including, but not limited to, requirements under the Americans with Disabilities Act (ADA). 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;
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 a commercial frontage along Castro Street, which maintains and promotes an active frontage at the gatewa y of downtown with residential uses on upper floors and adjacent to residential areas to the east of the project site. The project will also create two publicly accessible paseos, providing public connections for further site occupants and the surroundi ng neighborhood to access Castro Street and Gateway Plaza.
Further, all project frontages (Castro Street, Hope Street, and El Camino Real) will be improved -5-
to include new, wider sidewalks. The improvements will also remove three existing driveways and construct only one new project driveway, resulting in a more continuous pedestrian-friendly sidewalk zone around the project site; and
e. The approval of the Planned Community Permit complies with the California Environmental Quality Act (CEQA). The approval of this mixed-use development complies with CEQA as more specifically analyzed in the Class 32 Categorical Exemption Report prepared for the “881 Castro Street Mixed -Use Project” as the project is categorically exempt per CEQA Guidelines Section 15332 (“In -Fill Development Projects”) as the proposed project is consistent with the following findings, and none of the exceptions in CEQA Guidelines Section 15300.2 apply:
(1) The project is consistent with the General Plan Land Use Designation and all applicable General Plan policies as well as the applicable zoning designation and regulations.
The mixed-use project is comprised of 140 residential condominium units, 9,743 square feet of ground-floor commercial space, and other accessory areas and site improvements, which is consistent with the permitted land uses and density of the site’s General Plan Land Use Designations of Downtown Mixed -Use and Medium -Density Residentia l and all applicable development standards of the P(19) Downtown Precise Plan. The project also complies with the following General Plan policies: LUD 3.1 (Land use and trans portation) as the project will focus higher densities along a major commuter and transit corridor and within one mile of the Mountain View Transit Center; LUD 3.2 (Mix of land uses) and LUD 3.5 (Diversity) by providing a mixed-use development in/near the City’s downtown commercial core with housing units serving a range of household sizes and income levels; and LUD 5.3 (Community gathering) by creating two publicly accessible paseos that provide connectivity through the site and amenitized with/by a mix of commercial shops, outdoor commercial amenity spaces, and pedestrian amenities such as seating areas, residential amenity rooms, and a small community room. Zoning standards that are waived under State Density Bonus Law are not “applicable” for purposes of the Section 15332 infill exemption.
(2) The proposed development occurs within the City limits on a project site of no more than five acres substantially surrounded by urban uses . The gross project site is approximately 1.43 acres in size and is located in the City’s downtown area, an urbanized area beginning at the northeast corner of Castro Street and El Camino Real where the project site is located. The site is currently developed with residential and nonresidential uses and is surrounded by a mix of existing residential and nonresidential uses.
(3) The project site has no value as habitat for endangered, rare, or threatened species. The project site is located within a highly developed urban area that lacks habitat that would be suitable for sensitive animal or plant species. The project site is currently built out with five single-story commercial buildings (containing retail and office uses), a two-story multi-family residential building, paved surface parking areas, and a public street, which cover the vast majority of the project site and do not provide substantial habitat. Additionally, a search of the United States Fish and Wil dlife Service (USFWS) Information Planning and Consultation (IPaC) -6-
system concluded that the project site does not contain critical habitats (USFWS 2024a). Also, the project site does not contain special‐status plant and wildlife taxa recognized on the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants of California (CNPS 2024) and the California Department of Fish and Wild life’s State and Federally Listed Endangered, Threatened, and Rare Plants of California (California Department of Fish and Wildlife 2024). Therefore, the project site has no habitat value for any endangered, rare, or threatened species, meeting this criterion.
(4) Approval of the project would not result in any significant impacts relating to traffic, noise, air quality, or water quality.
Traffic/Transportation: The City’s Vehicle Miles Traveled (VMT) policy establishes certain projects that are presumed to have less -than-significant transportation impacts and do not require a VMT analysis, which includes projects located in areas of low VMT, defined as exhibiting VMT that is 15% or greater below the existing nine-county Bay Area regional average VMT. This project is located in an area of low VMT and, therefore, the project would not result in significant transportation impacts.
Noise: The project would not exceed the City’s applicable significance thresholds related to noise or vibration. The project is not located in close vicinity of a private airstrip or public airport and would not expose people residing or working in the area to excessive aircraft noise levels. The project would cause construction noise and vibration at levels similar to other midrise, multi -family/mixed-use construction projects in the City. There is nothing unusual or peculiar about the project or its construction that would suggest that the project would have greater construction noise or vibration than other typical construction projects.
Specifically, the City found that estimated construction noise levels would not exceed applicable standards and that the type of construction and construction equipment would also not cause vibration impacts exceeding established thresholds. The project would include stationary sources of operational noise, such as mechanical heating, ventilating, and air conditioning (HVAC) equipment that is standardized for noise reduction and located and screened in a manner that would result in project compliance with the standards of City Code Section 21.26(a). As directed by the California Supreme Court in Make UC A Good Neighbor v. Regents of University of California (2024), 16 Cal. 5th 43 , noise from resident activity at the site is not considered an environmental impact. As such, the project would not result in any significant or unique noise impacts and would implement al l necessary and/or required standard conditions of approval intended to ameliorate noise from stationary/operational and construction sources.
Air Quality: The project would have air quality emissions resulting from construction activities which would not exceed the screening criteria established by the Bay Area Air Quality Management District (BAAQMD). Construction-related emissions from the project will also be reduced with implementation of required City-standard conditions of approval. The project is also consistent with the policies and standards of the City’s General Plan and proposes infill mixed-use development, which is substantially residential, within an area that is well-served by transit. As such, the project is considered consistent with the City’s Greenhouse Gas Reduction -7-
Program (i.e., Clean Air Plan) and would not be considered a substantial source of operational toxic air contaminants posing a health risk to others. Therefore, construction -related and operational emissions from the project are not presumed to have any significant air quality effects.
Water Quality: The project would not exceed the City’s applicable significance thresholds related to water quality. The project site is currently developed and located within an urbanized environment. There are no lakes, creeks, or other surface waters in the immediate site vicinity. The project site is served by the City’s existing stormwater system and downstream conveyance channels that will receive water runoff from the project. Given the location, the flat nature of the site, and planned improvements that would not increase impermeable surfaces on the site, the project would not substantially increase runoff as a source of pollution, and the project will comply with the San Francisco Regional Water Quality Control Board (RWQCB) NPDES permitting program requirements and City-standard conditions of approval requiring additional site design measures to reduce the amount of stormwater runoff and limit pollution in stormwater runoff. Therefore, the impacts related to water quality would be less than significant.
(5) The site can be adequately served by all required utilities and public services.
As documented in the Class 32 Categorical Exemption Report, the project would not exceed the City’s applicable significance threshold related to utilities and public services. The project is in an urbanized area surrounded by existing residential and nonresidential uses and served by all needed utilities, including electricity, sanitary sewer facilities, storm drain facilities, and water facilities, as well as all required public services, including public school districts, Police, Fire, and solid waste pick-up services. All aspects of the project, including new connections to available utilities will be constructed to meet the needs of the development and, with such construction of all necessary utility improvements, the project would not contribute to any deficiencies in the utility systems. Therefore, the project meets all infill development exemption criteria under CEQA.
(6) None of the CEQA Guidelines Section 15300.2 exceptions apply to this project.
Location: This exception does not apply to the project review because it is only applicable to Class 3, 4, 5, 6, and 11 exemptions. This project is eligible for a Class 32 exemption.
Cumulative Impacts: This exemption does not apply as this development is the only project proposed at this time on the project site, and there would be no successive projects in the same place as the proposed project.
Significant Effects: This exemption does not apply because the City’s analysis has shown the project would not result in any significant effects relating to traffic, noise, air quality, water quality, or utilities and public services, and there are no unusual circumstances at the project site that would exacerbate environmental effects. The project site is relatively flat, currently developed with existing commercial and residential development, and does not have -8-
any other known unusual circumstance, including proximity to or effects on scenic highways, hazardous waste conditions, or historical resources.
Scenic Highway: This exception does not apply as this project site is not on, near, or prominently visible from any highway officially designated as a state scenic highway.
Additionally, the project would not result in environmentally significant damage to any other scenic resources such as trees, historic buildings, rock outcroppings, or similar resources. The site neither contains nor is adjacent to any officially designated scenic resources. Although the project would remove seven existing Heritage trees, such removals are permitted pursuant to the City’s Heritage Tree Removal Permit process, and the project would comply with standard requirements for tree replacement such that project tree counts and canopy would meet or exceed existing conditions.
Hazardous Waste Site: This exception does not apply as the City conducted a records search and found the project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code.
Historical Resources: This exception does not apply as the project would not cause any substantial adverse change in the significance of a historical resources as the project site does not contain any existing historic resources or any known archaeological resources.
While such resources are not known to exist on the site, the project would include excavation to greater depths than any prior on -site development that would have uncovered archaeological resources. In that case, if any new human remains, prehistoric, or historic -period cultural materials or similar historical resources are unearthed, City -standard conditions of approval would address any unanticipated discoveries; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the Development Review Permit pursuant to Section 36.44.70 of the City Code to construct an eight-story, mixed-use development with 140 residential condominium units, 9,743 square feet of ground-floor commercial space and two levels of below-grade parking, utilizing State Density Bonus Law:
a. The project complies with the general design considerations as described by the purpose and intent of Chapter 36 (Zoning) of the City Code, the General Plan, and any City - adopted design guidelines . The project complies with the general design considerations as described by the purpose and intent of Chapter 36 (Zoning) of the City Code, the General Plan, and any City -adopted design guidelines since the proposed mixed -use development project meets all applicable development standards of the P(19) Downtown Precise Plan with the exception of requested waivers for height limits on all project frontages and upper -story step- backs for sites fronting Castro Street, as allowed pursuant to State Density Bonus Law. Further, mixed-use development is an allowed land use per the General Plan, and the project is consistent with General Plan design policies such as Policy LUD 7.3 (Human scale building detail) by providing human-scaled details compatible with different pro ject frontages such as porch -like unit entries on multiple interior and street -facing facades, attractive landscaping, amenities -9-
serving pedestrians along two publicly accessible paseos, and transparent storefront windows and textured accent materials on the ground floor along Castro Street as well as an arcade that provides a protected pedestrian amenity area and visual interest;
b. The architectural design of structures, including colors, materials, and design elements (i.e., awnings, exterior lighting, screening of equipment, signs, etc.), are compatible with surrounding development . The architectural design of the structures, including colors, materials, and design elements, is compatible with the surrounding development by incorporating common features that occur across the variety of building types in the surrounding neighborhood, i ncluding more traditional residential elements along Hope Street such as a warmer color palette, horizontal siding, and porch -like unit entries. The design also provides some shorter building height areas facing Hope Street to provide some step -downs to t he surrounding lower-intensity residential neighborhood. On Castro Street, the project provides more common commercial features such as an entry arcade, providing weather protection and outdoor amenity space for commercial tenant spaces, and commercial storefronts with ample glazing to contribute to activation t hrough visual connectivity to the public realm. Further, the publicly accessible east -west paseo will allow for a meandering midblock connection between the residential neighborhood and Castro Street with soft lighting, vegetation, and several seating areas;
c. The location and configuration of structures, parking, landscaping, and access are appropriately integrated and compatible with surrounding development, including public streets and sidewalks and other public property . The location and configuration of structures, parking, landscaping, and access are appropriately integrated and compatible with surrounding development, including public streets and sidewalks and other public property. The project minimizes vehicle -oriented paving by providing one vehicle access point to the underground parking garage via a driveway on Hope Street and limited utility services along Castro Street, where there is a high amount of vehicle, bicycle, and pede strian activity. The provided parking includes required commercial parking spaces and voluntarily provided residential parking. The project will also improve sidewalks on all of the project frontages with detached sidewalks.
Specifically, the Hope Street sidewalk zone will be widened to 13’ from the existing approximately 9’ width, the El Camino Real sidewalk zone will be widened to 12’ from the existing approximately 8’ width, and the Castro Street sidewalk will be widened to 10’ from the existing approximately 8’ width. On-site, the p roject will provide a pedestrian -only meandering east -west paseo, providing direct access to the residential neighborhood east of Castro Street. Additionally, the project will revise all on -site landscape with drought -tolerant and California native vegetation; on Hope Street, the project will recess the residential buildings a minimum of 13’ to provide a planted setback area facing the residential neighborhood; and the overall design has been carefully evaluated to ensure the project can be constructed wit hout substantial impacts to adjacent off-site trees;
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, -10-
provides an attractive environment, and is consistent with any adopted landscape program for the general area by including a 7’ masonry wall along the northern property line and planting trees along this fence line at intervals of 25’ to provide a privacy buffer to the immediately adjacent residential parcel. The project will preserve one large Heritage tree along Hope Street and plant at least 56 new trees, of which 42 will be placed at ground level and 14 will be planted in upper-level private open spaces. Overall, the landscaping plan would incorporate a mix of low- to-moderate water-use plants and at least 75% California native plantings, complying with the City’s Water Conservation in Landscaping Regulations and consistent with water -efficient landscaping goals per General Plan Policy LUD 8.3 (Enhanced publicly accessible bicycle and pedestrian connections) and LUD 9.3 (Enhanced public space). The project will also increase on- site tree canopy coverage as compared to existing conditions, providing shad e trees and other pedestrian amenities, meeting broad General Plan objectives for mixed -use land use designations;
e. The design and layout of the proposed project will result in well-designed vehicular and pedestrian access, circulation, and parking. The design and layout of the proposed project will result in well-designed vehicular and pedestrian access, circulation, and parking by enhancing public street improvements, improving pedestrian mobility with wider detached sidewalks and adjacent on-site landscaping or pedestrian amenity areas, and through the creation of two new publicly accessible paseos providing nonvehicle connections through the project site. Further, the project provides a single driveway off the public street on Hope Street to limi t parking structure curb cuts in support of a more pedestrian -oriented street frontage in lieu of the three existing driveways serving the existing properties. The project will also install a raised pedestrian crossing at the Hope Street/Fairmont Avenue intersection to improve pedestrian crossings while maintaining orderly vehicle movement; and
f. The approval of the Development Review Permit complies with the California Environmental Quality Act (CEQA). The approval of this mixed-use development complies with CEQA as more specifically analyzed in the Class 32 Categorical Exemption Report prepared for the “881 Castro Street Mixed -Use Project” as the project is categorically exempt per CEQA Guidelines Section 15332 (“In -Fill Development Projects”) as the proposed project is consistent with the following findings and none of the exceptions in CEQA Guidelines Section 15300.2 apply:
(1) The project is consistent with the General Plan Land Use Designation and all applicable General Plan policies as well as the applicable zoning designation and regulations.
The mixed-use project is comprised of 140 residential condominium units, 9,743 square feet of ground-floor commercial space, and other accessory areas and site improvements, which is consistent with the permitted land uses and density of the site’s General Plan Land Use Designations of Downtown Mixed -Use and Medium -Density Resident ial and all applicable development standards of the P(19) Downtown Precise Plan. The project also complies with the following General Plan policies: LUD 3.1 (Land use and transportation) as the project will focus higher densities along a major commuter and transit corridor and within one mile of the Mountain View Transit Center; LUD 3.2 (Mix of land uses) and LUD 3.5 (Diversity) by providing a mixed-use development in/near the City’s downtown commercial core with housing units serving -11-
a range of household sizes and income levels; and LUD 5.3 (Community gathering) by creating two publicly accessible paseos that provide connectivity through the site and amenitized with/by a mix of commercial shops, outdoor commercial amenity spaces, and pedestrian amenities such as seating areas, residential amenity rooms, and a small community room. Zoning standards that are waived under State Density Bonus Law are not “applicable” for purposes of the Section 15332 infill exemption.
(2) The proposed development occurs within the City limits on a project site of no more than five acres substantially surrounded by urban uses. The gross project site is approximately 1.43 acres in size and is located in the City’s downtown area, an urbanized area beginning at the northeast corner of Castro Street and El Camino Real where the project site is located. The site is currently developed with residential and nonresidential uses and is surrounded by a mix of existing residential and nonresidential uses.
(3) The project site has no value as habitat for endangered, rare, or threatened species. The project site is located within a highly developed urban area that lacks habitat that would be suitable for sensitive animal or plant species. The project site is currently built out with five single-story commercial buildings (containing retail and office uses), a two-story multi-family residential building, paved surface parking areas, and a public street, which cover the vast majority of the project site and do not provide substantial habitat. Additionally, a search of the United States Fish and Wildlife Service (USFWS) Information Planning and Consultation (IPaC) system concluded that the project site does not contain critical habitats (USFWS 2024a). Also, the project site does not contain special‐status plant and wildlife taxa recognized on the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants of California (CNPS 2024) and the California Department of Fish and Wildl ife’s State and Federally Listed Endangered, Threatened, and Rare Plants of California (California Department of Fish and Wildlife 2024). Therefore, the project site has no habitat value for any endangered, rare, or threatened species, meeting this criterion.
(4) Approval of the project would not result in any significant impacts relating to traffic, noise, air quality, or water quality.
Traffic/Transportation: The City’s Vehicle Miles Traveled (VMT) policy establishes certain projects that are presumed to have less -than-significant transportation impacts and do not require a VMT analysis, which includes projects located in areas of low VMT, defined as exhibiting VMT that is 15% or greater below the existing nine-county Bay Area regional average VMT. This project is located in an area of low VMT and, therefore, the project would not result in significant transportation impacts.
Noise: The project would not exceed the City’s applicable significance thresholds related to noise or vibration. The project is not located in close vicinity of a private airstrip or public airport and would not expose people residing or working in the area to excessive aircraft noise levels. The project would cause construction noise and vibration at levels similar to other midrise, multi -family/mixed-use construction projects in the City. There is nothing -12-
unusual or peculiar about the project or its construction that would suggest that the project would have greater construction noise or vibration than other typical construction projects.
Specifically, the City found that estimated construction noise levels would not exceed applicable standards and that the type of construction and construction equipment would also not cause vibration impacts exceeding established thresholds. The project would include stationary sources of operational noise, such as mechanical heating, ventilating, and air conditioning (HVAC) equipment that is standardized for noise reduction and located and screened in a manner that would result in project compliance with the standards of City Code Section 21.26(a). As directed by the California Supreme Court in Make UC A Good Neighbor v. Regents of University of California (2024), 16 Cal. 5th 43 , noise from resident activity at the site is not considered an environmental impact. As such, the project would not result in any significant or unique noise impacts and would implement all necessary and/or required standard conditions of approval intended to ameliorate noise from stationary/operational and construction sources.
Air Quality: The project would have air quality emissions resulting from construction activities which would not exceed the screening criteria established by the Bay Area Air Quality Management District (BAAQMD). Construction-related emissions from the project will also be reduced with implementation of required City-standard conditions of approval. The project is also consistent with the policies and standards of the City’s General Plan and proposes infill mixed-use development, which is substantially residential, within an area that is well-served by transit. As such, the project is considered consistent with the City’s Greenhouse Gas Reduction Program (i.e., Clean Air Plan) and would not be considered a substantial source of operational toxic air contaminants posing a health risk to others. Therefore, construction -related and operational emissions from the project are not presumed to have any significant air quality effects.
Water Quality: The project would not exceed the City’s applicable significance thresholds related to water quality. The project site is currently developed and located within an urbanized environment. There are no lakes, creeks, or other surface waters in the immediate site vicinity. The project site is served by the City’s existing stormwater system and downstream conveyance channels that will receive water runoff from the project. Given the location, the flat nature of the site, and planned improvements that would not increase impermeable surfaces on the site, the project would not substantially increase runoff as a source of pollution, and the project will comply with the San Francisco Regional Water Quality Control Board (RWQCB) NPDES permitting program requirements and City-standard conditions of approval requiring additional site design measures to reduce the amount of stormwater runoff and limit pollution in stormwater runoff. Therefore, the impacts related to water quality would be less than significant.
(5) The site can be adequately served by all required utilities and public services .
As documented in the Class 32 Categorical Exemption Report, the project would not exceed the City’s applicable significance threshold related to utilities and public services. The project is in an urbanized area surrounded by existing residential and nonresidential uses and served by all needed utilities, including electricity, sanitary sewer facilities, storm drain facilities, and water -13-
facilities, as well as all required public services, including public school districts, Police, Fire, and solid waste pick-up services. All aspects of the project, including new connections to available utilities will be constructed to meet the needs of the development and, with such construction of all necessary utility improvements, the project would not contribute to any deficiencies in the utility systems. Therefore, the project meets all infill development exemption criteria under CEQA.
(6) None of the CEQA Guidelines Section 15300.2 exceptions apply to this project.
Location: This exception does not apply to the project review because it is only applicable to Class 3, 4, 5, 6, and 11 exemptions. This project is eligible for a Class 32 exemption.
Cumulative Impacts: This exemption does not apply as this development is the only project proposed at this time on the project site, and there would be no successive projects in the same place as the proposed project.
Significant Effects: This exemption does not apply because the City’s analysis has shown the project would not result in any significant effects relating to traffic, noise, air quality, water quality, or utilities and public services, and there are no unusual circumstances at the project site that would exacerbate environmental effects. The project site is relatively flat, currently developed with existing commercial and residential development, and does not have any other known unusual circumstance, including proximity to or effects on scenic highways, hazardous waste conditions, or historical resources.
Scenic Highway: This exception does not apply as this project site is not on, near, or prominently visible from any highway officially designated as a state scenic highway.
Additionally, the project would not result in environmentally significant damage to any other scenic resources such as trees, historic buildings, rock outcroppings, or similar resources. The site neither contains nor is adjacent to any officially designated scenic resources. Although the project would remove seven existing Heritage trees, such removals are permitted pursuant to the City’s Heritage Tree Removal Permit process, and the project would comply with standard requirements for tree replacement such that project tree counts and canopy would meet or exceed existing conditions.
Hazardous Waste Site: This exception does not apply as the City conducted a records search and found the project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code.
Historical Resources: This exception does not apply as the project would not cause any substantial adverse change in the significance of a historical resources as the project site does not contain any existing historic resources or any known archaeological resources.
While such resources are not known to exist on the site, the project would include excavation to greater depths than any prior on -site development that would have uncovered archaeological resources. In that case, if any new human remains, prehistoric, or historic -period cultural -14-
materials or similar historical resources are unearthed, City -standard conditions of approval would address any unanticipated discoveries; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the application for a State Density Bonus and any associated concession and waiver requests pursuant to Section 36.48.95 of the City Code:
a. The project is a housing development that contains at least one (1) of the features described in Section 65915(b) of the State Density Bonus Law to qualify for a density bonus, and all other eligibility requirements as described in Government Code Section 65915(c), such as replacement of existing units, have been met . The project’s maximum allowable gross residential density (base density) is 70 units. The project is a housing development project that contains at least one of the features described in Government Code Section 65915(b) to qualify for a density bonus, and all other eligibility requirements as described in Government Code Section 65915(c) ha ve been met. The project meets the criteria in Section 65915(b)(1)(B) because it seeks to construct 15% of the maximum allowable gross residential density (70 base density units) to be deed -restricted to very -low-income (VLI) households (11 VLI units), which qualifies the project for a 50% density bonus. Further, based on updates to the State Density Bonus Law effective in January 2024 per Assembly Bill (AB) 1287, the project meets the criteria under Government Code Section 65915(v) for an additional density bonus by providing the 11 VLI units noted earlie r and an additional 15% of the base project density as deed -restricted moderate-income (MI) units (11 MI units), whi ch qualifies the project for an additional 50% density bonus. In total, by proposing to construct the 11 MI units and 11 VLI units, the project is eligible for and proposes to use a 100% density bonus, allowing for the proposed 140 residential units in the proposed mixed -use development. Additionally, the project satisfies all eligibility requirements described in Government Code Section 65915(c). Consistent with replacement requirements of Government Code Section 65915(c)(3), the applicant will replace four existing protected units with units at a comparable size and at an affordable rent or affordable ownership housing cost in the new development, which for this project includes two units at or below 80% Area Median Income (AMI), one unit at or below 50 % AMI, and one unit at or below 30% AMI.
Each of the four replacement units will be two-bedroom units per State Density Bonus provisions;
b. If bonus density is requested, the project has provided sufficient affordable units or otherwise meets the eligibility requirements for the bonus density as described in Section 65915(f) and Section 65915(v) 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 Government Code Section 65915(f) and Section 65915(v). The project provides at least 15% of the base density (70 units) as units for VLI households (11 VLI units), which qualifies the project for a 50% density bonus. The project qualifies for an additional 50% density bonus by providing an additional 15% of the base density as units for MI households (11 MI units).
By providing the 11 VLI units and 11 MI units, the project is eligible for and proposes to use a 100% density bonus, which allows the proposed 140 residential units;
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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. The project meets the eligibility requirements for reduced parking ratios as described in Section 65915(p) of the State Density Bonus Law because all density bonus projects are eligible for parking ratios in Section 65915(p)(1). This finding does not apply as the project is not requesting reduced parking ratios. Additionally, the P(19) Downtown Precise Plan does not have a minimum parking requirement for residential uses except for accessible and electric vehicle spaces required per Chapter 8 of the City Code when parking is provided voluntarily. The project voluntarily provides residential parking spaces, including the accessible and electric vehicle spaces;
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. The project includes 15% of the base density to be deed-restricted for VLI households and 15% of the base density to be deed-restricted for MI households and is eligible for three incentives/concessions as described in Government Code Section 65915. The applicant has requested a concession that would allow the project to be eligible to receive credit for (on-site) privately owned publicly accessible (POPA) open space against the land dedication or fees in lieu thereof that are applicable to the project. The City and the applicant disagree on whether a concession may be used to modify the eligibility criteria for POPA open space credit set forth in Sections
41.11(a)(2) and 41.11(b) of the City Code, and further disagree on the amount of POPA open space credit the project should receive if a concession can be used for this purpose. To avoid the delay, expense and uncertainty of litigation, the City and the applicant entered into a negotiated settlement agreement, which resulted in a condition of approval that requires the applicant to pay a park land in lieu fee in the amount of Two Million Dollars ($2,000,000); and e. If waivers are requested, the development standard(s) 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 waivers of the following two development standards, which would have the effect of physically precluding the construction of the project at the proposed density as described in Government Code Section 65915(e):
(1) Height. This waiver request would allow the proposed eight story and 92’ (to roof level) building height for the project and a small segment of the Hope Street-fronting portion of the project (north of the paseo), which is three stories and 37’ (with the third floor not tucked into the roofline of the project), plus necessary rooftop projections up to 103’ (inclusive of elements such as parapets, stair access, and elevator overruns). The density bonus project could not be constructed without a waiver of the varied height limits of the P(19) Downtown Precise Plan, which include a maximum building height of three stories and 35’ (whichever is less) and provided the third floor is tucked into the roofline so the building looks like a two-story structure fronting Hope Street; four stories and 55’ fronting West El Camino Real; and four stories and 55’ (whichever is less) fronting Castro Street. -16-
(2) Setback. This waiver request would allow a 25’ rear setback for the third floor through the eighth floor. The P(19) Downtown Precise Plan requires a rear setback equivalent to the height of the project building walls and in no case less than 15’ for sites with a Castro Street frontage. This setback standard would require progressive rear setbacks ranging from approximately 36’ to 90’ for the third through eighth floors and would physically preclude the construction of the density bonus project; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the Provisional Use Permit pursuant to Section 36.48.25 of the City Code to allow residential uses (on upper levels only) along the Castro Street frontage:
a. The proposed use is conditionally permitted in the subject Zoning District and complies with all of the applicable provisions of this Chapter . The proposed mixed -use development provides ground-floor commercial space along Castro Street with residential units located only on upper levels along the Castro Street frontage. The upper-floor residential units are provisionally allowed within Area J of the P(19) Downtown Precise Plan. The project otherwise complies with applicable development standards as well as the purpose and intent of development in Area J of the Precise Plan and as allowed by Chapter 36 (Zoning) of the City Code by providing commercial spaces, maintaining a pattern of active uses along the base of the Castro Street frontage, and promoting renovation and revitalization that create an attractive street environment and entry to the downtown area;
b. The proposed use is consistent with the General Plan . The proposed use and development is consistent with the Downtown Mixed -Use and the Medium Density Residential Land Use Designations of the General Plan as the mixed -use project will provide commercial frontages along Castro Street with housing on floors above and residential -only frontages along Hope Street and on West El Camino Real, wh ich are allowable land uses within the applicable land use designations for the site;
c. The location, size, design, and operating characteristics of the proposed use are compatible with the site, building character, and environmental conditions of existing and future land uses in the vicinity . The location, size, design, and operating characteristics of the proposed project are compatible with the site, building character, and environmental conditions of existing and future land uses in the vicinity because the mixed -use portion of the project i s oriented toward Castro Street, which is the main spine of the City’s downtown area, where more intense mixed-use development is facilitated by the General Plan and P(19) Downtown Precise Plan. Meanwhile, the residential-only portion of the development , which includes some height step-downs next to immediately adjacent residential structures, is oriented toward the existing residential area to the east and northeast, which includes a mix of single-family and multi-family residential development. The General Plan and Precise Plan identify downtown as an area with an active mix and concentration of uses and public spaces in a main street setting, including restaurants, offices, government services, housing, entertainment, and neighborhood -serving commercial uses. Accordingly, this project would create 140 new residential units, including -17-
approximately 9,740 square feet of contemporary commercial spaces (consistent with existing and planned future land uses in the vicinity), provides two landscaped publicly accessible paseos with pedestrian amenities, and features other outdoor commercial spaces and accents providing engaging spaces serving downtown and surrounding areas;
d. Any special structure or building modifications necessary to contain the proposed use would not impair the architectural integrity and character of the Zoning District in which it is to be located . The proposed mixed -use project would not impair the architectural integrity and character of the P(19) Downtown Precise Plan as the project will comply with applicable development standards with any deviations from standards proposed and allowed per State Density Bonus Law to construct the density bonus project. As proposed, the project includes a mixture of materials creating a contemporary design but with materials and other detailing that are commonly found in the downtown area commercial and resident ial development.
Additionally, a portion of the project fronts along the West El Camino Real, which is a heavily traveled commute corridor where City regulations allow comparable uses and development intensities for adjacent sites regulated by the P(38) El Camino Real Precise Plan; and
e. The approval of the Provisional Use Permit for the proposed use complies with the California Environmental Quality Act (CEQA) . The approval of this mixed -use development complies with CEQA as more specifically analyzed in the Class 32 Categorical Exemption Report prepared for the “881 Castro Street Mixed -Use Project” as the project qualifies as categorically exempt per CEQA Guidel ines Section 15332 (“In -Fill Development Projects”) as the proposed project is consistent with the following findings , and none of the exceptions in CEQA Guidelines Section 15300.2 apply:
(1) The project is consistent with the General Plan Land Use Designation and all applicable General Plan policies as well as the applicable zoning designation and regulations.
The mixed-use project is comprised of 140 residential condominium units, 9,743 square feet of ground-floor commercial space, and other accessory areas and site improvements, which is consistent with the permitted land uses and density of the site’s General Plan Land Use Designations of Downtown Mixed -Use and Medium -Density Resident ial and all applicable development standards of the P(19) Downtown Precise Plan. The project also complies with the following General Plan policies: LUD 3.1 (Land use and transportation) as the project will focus higher densities along a major commuter and transit corridor and within one mile of the Mountain View Transit Center; LUD 3.2 (Mix of land uses) and LUD 3.5 (Diversity) by providing a mixed-use development in/near the City’s downtown commercial core with housing units serving a range of household sizes and income levels; and LUD 5.3 (Community gathering) by creating two publicly accessible paseos that provide connectivity through the site and amenitized with/by a mix of commercial shops, outdoor commercial amenity spaces, and pedestrian amenities such as seating areas, residential amenity rooms, and a small community room. Zoning standards that are waived under State Density Bonus Law are not “applicable” for purposes of the Section 15332 infill exemption.
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(2) The proposed development occurs within the City limits on a project site of no more than five acres substantially surrounded by urban uses. The gross project site is approximately 1.43 acres in size and is located in the City’s downtown area, an urbanized area beginning at the northeast corner of Castro Street and El Camino Real where the project site is located. The site is currently developed with residential and nonresidential uses and is surrounded by a mix of existing residential and nonresidential uses.
(3) The project site has no value as habitat for endangered, rare, or threatened species. The project site is located within a highly developed urban area that lacks habitat that would be suitable for sensitive animal or plant species. The project site is currently built out with five single-story commercial buildings (containing retail and office uses), a two-story multi-family residential building, paved surface parking areas, and a public street, which cover the vast majority of the project site and do not provide substantial habitat. Additionally, a search of the United States Fish and Wildlife Service (USFWS) Information Planning and Consultation (IPaC) system concluded that the project site does not contain critical habitats (USFWS 2024a). Also, the project site does not contain special‐status plant and wildlife taxa recognized on the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants of California (CNPS 2024) and the California Department of Fish and Wildl ife’s State and Federally Listed Endangered, Threatened, and Rare Plants of California (California Department of Fish and Wildlife 2024). Therefore, the project site has no habitat value for any endangered, rare, or threatened species, meeting this criterion.
(4) Approval of the project would not result in any significant impacts relating to traffic, noise, air quality, or water quality.
Traffic/Transportation: The City’s Vehicle Miles Traveled (VMT) policy establishes certain projects that are presumed to have less -than-significant transportation impacts and do not require a VMT analysis, which includes projects located in areas of low VMT, defined as exhibiting VMT that is 15% or greater below the existing nine-county Bay Area regional average VMT. This project is located in an area of low VMT and, therefore, the project would not result in significant transportation impacts.
Noise: The project would not exceed the City’s applicable significance thresholds related to noise or vibration. The project is not located in close vicinity of a private airstrip or public airport and would not expose people residing or working in the area to excessive aircraft noise levels. The project would cause construction noise and vibration at levels similar to other midrise, multi -family/mixed-use construction projects in the City. There is nothing unusual or peculiar about the project or its construction that would suggest that the project would have greater construction noise or vibration than other typical construction projects.
Specifically, the City found that estimated construction noise levels would not exceed applicable standards and that the type of construction and construction equipment would also not cause vibration impacts exceeding established thresholds. The project would include stationary sources of operational noise, such as mechanical heating, ventilating, and air conditioning (HVAC) equipment that is standardized for noise reduction and located and screened in a manner that -19-
would result in project compliance with the standards of City Code Section 21.26(a). As directed by the California Supreme Court in Make UC A Good Neighbor v. Regents of University of California (2024), 16 Cal. 5th 43 , noise from resident activity at the site is not considered an environmental impact. As such, the project would not result in any significant or unique noise impacts and would implement all necessary and/or required standard conditions of approval intended to ameliorate noise from stationary/operational and construction sources.
Air Quality: The project would have air quality emissions resulting from construction activities which would not exceed the screening criteria established by the Bay Area Air Quality Management District (BAAQMD). Construction-related emissions from the project will also be reduced with implementation of required City-standard conditions of approval. The project is also consistent with the policies and standards of the City’s General Plan and proposes infill mixed-use development, which is substantially residential, within an area that is well-served by transit. As such, the project is considered consistent with the City’s Greenhouse Gas Reduction Program (i.e., Clean Air Plan) and would not be considered a substantial source of operational toxic air contaminants posing a health risk to others. Therefore, construction -related and operational emissions from the project are not presumed to have any significant air quality effects.
Water Quality: The project would not exceed the City’s applicable significance thresholds related to water quality. The project site is currently developed and located within an urbanized environment. There are no lakes, creeks, or other surface waters in the immediate site vicinity. The project site is served by the City’s existing stormwater system and downstream conveyance channels that will receive water runoff from the project. Given the location, the flat nature of the site, and planned improvements that would not increase impermeable surfaces on the site, the project would not substantially increase runoff as a source of pollution, and the project will comply with the San Francisco Regional Water Quality Control Board (RWQCB) NPDES permitting program requirements and City-standard conditions of approval requiring additional site design measures to reduce the amount of stormwater runoff and limit pollution in stormwater runoff. Therefore, the impacts related to water quality would be less than significant.
(5) The site can be adequately served by all required utilities and public services.
As documented in the Class 32 Categorical Exemption Report, the project would not exceed the City’s applicable significance threshold related to utilities and public services. The project is in an urbanized area surrounded by existing residential and nonresidential uses and served by all needed utilities, including electricity, sanitary sewer facilities, storm drain facilities, and water facilities, as well as all required public services, including public school districts, Police, Fire, and solid waste pick-up services. All aspects of the project, including new connections to available utilities will be constructed to meet the needs of the development and, with such construction of all necessary utility improvements, the project would not contribute to any deficiencies in the utility systems. Therefore, the project meets all infill development exemption criteria under CEQA.
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(6) None of the CEQA Guidelines Section 15300.2 exceptions apply to this project.
Location: This exception does not apply to the project review because it is only applicable to Class 3, 4, 5, 6, and 11 exemptions. This project is eligible for a Class 32 exemption.
Cumulative Impacts: This exemption does not apply as this development is the only project proposed at this time on the project site, and there would be no successive projects in the same place as the proposed project.
Significant Effects: This exemption does not apply because the City’s analysis has shown the project would not result in any significant effects relating to traffic, noise, air quality, water quality, or utilities and public services, and there are no unusual circumstances at the project site that would exacerbate environmental effects. The project site is relatively flat, currently developed with existing commercial and residential development, and does not have any other known unusual circumstance, in cluding proximity to or effects on scenic highways, hazardous waste conditions, or historical resources.
Scenic Highway: This exception does not apply as this project site is not on, near, or prominently visible from any highway officially designated as a state scenic highway.
Additionally, the project would not result in environmentally significant damage to any other scenic resources such as trees, historic buildings, rock outcroppings, or similar resources. The site neither contains nor is adjacent to any officially designated scenic resources. Although the project would remove seven existing Heritage trees, such removals are permitted pursuant to the City’s Heritage Tree Removal Permit process, and the project would comply with standard requirements for tree replacement such that project tree counts and canopy would meet or exceed existing conditions.
Hazardous Waste Site: This exception does not apply as the City conducted a records search and found the project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code.
Historical Resources: This exception does not apply as the project would not cause any substantial adverse change in the significance of a historical resources as the project site does not contain any existing historic resources or any known archaeological resources.
While such resources are not known to exist on the site, the project would include excavation to greater depths than any prior on -site development that would have uncovered archaeological resources. In that case, if any new human remains, prehistoric, or historic -period cultural materials or similar historical resources are unearthed, City -standard conditions of approval would address any unanticipated discoveries; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the Heritage Tree Removal Permit pursuant to Section 32.35 of the City Code to remove seven Heritage trees (Tree Nos. 35, 36, 37, 44, 45, 52, and 53):
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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 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. According to the arborist report prepared by Kielty Arborist Services, LLC, an assessment by the City arborist, and a site visit conducted by the Forestry Division staff, the seven Heritage trees proposed for removal are directly within the footprint of the proposed development. Per the arborist report, the trees also have a low rating for the feasibility to transplant due to their surrounding conditions and size (Tree Nos. 37, 45, and 52 are in fair condition and Tree Nos. 35, 44, and 53 are in good condition).
Overall, all trees proposed for removal are in direct conflict with the proposed structure, including underground garage levels, and site plan improvements;
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. As referenced in Finding a. above, 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 as Tree Nos. 35, 36, 37, 44, 45, 52, and 53 are in locations w hich severely limit the site’s potential to be developed in a reasonable and conforming way for the proposed development. The tree locations are in direct conflict with the proposed structure and site plan improvements, includ ing the underground parking levels that underly most of the project site;
c. Removal of the trees will not adversely affect the remaining number, species, size, and/or location of existing trees on the site or in the general vicinity. Removal of the trees will not adversely affect the remaining number, species, size, and/or location of existing trees on the site or in the general vicinity. The arborist report analyzes the trees on the project site as well as trees adjacent to the project site to the north (existing residential development) and to the south (Gateway Plaza) to evaluate potential project impacts on those trees. Specifically, the arborist report finds that existing on -site buildings and improvements along both property l ines (north and south) have likely acted as a root barrier, limiting the extent to which adjacent off -site tree roots extend into the property, and it is not anticipated that damage to the trees would occur because of the proposed development. To address any potential impacts to trees along the property line on adjacent parcels, the project will also implement arborist report recommendations for exploratory trenching (via air knife) by or under the supervision of the project arborist at the prop osed baseme nt cuts once the existing structures have been demolished. Additionally, the applicant conducted exploratory trenching and determined it would be possible to preserve the largest on -site Heritage tree (Tree No. 18), as noted in the arborist report;
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 -22-
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 shall the removal adversely affect the general health, safety, prosperity, and ge neral 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 by 6% at tree maturity at ground level and provide an additional 20% canopy at tree maturity within the private open space decks located in the third, fourth, fifth, and seventh floors. Furthermore, the project will preserve the largest and most prominent on-site Heritage tree (Tree No. 18); and
e. The approval of the Heritage Tree Removal Permit complies with the California Environmental Quality Act (CEQA). The approval of this mixed-use development complies with CEQA as more specifically analyzed in the Class 32 Categorical Exemption Report prepared for the “881 Castro Street Mixed -Use Project” as the project qualifies as categorically exempt per CEQA Guidel ines Section 15332 (“In -Fill Development Projects”) as the proposed project is consistent with the following findings , and none of the exceptions in CEQA Guidelines Section 15300.2 apply:
(1) The project is consistent with the General Plan Land Use Designation and all applicable General Plan policies as well as the applicable zoning designation and regulations.
The mixed-use project is comprised of 140 residential condominium units, 9,743 square feet of ground-floor commercial space, and other accessory areas and site improvements, which is consistent with the permitted land uses and density of the site’s General Plan Land Use Designations of Downtown Mixed -Use and Medium -Density Residentia l and all applicable development standards of the P(19) Downtown Precise Plan. The project also complies with the following General Plan policies: LUD 3.1 (Land use and transportation) as the project will focus higher densities along a major commut er and transit corridor and within one mile of the Mountain View Transit Center; LUD 3.2 (Mix of land uses) and LUD 3.5 (Diversity) by providing a mixed-use development in/near the City’s downtown commercial core with housing units serving a range of house hold sizes and income levels; and LUD 5.3 (Community gathering) by creating two publicly accessible paseos that provide connectivity through the site and amenitized with/by a mix of commercial shops, outdoor commercial amenity spaces, and pedestrian amenities such as seating areas, residential amenity rooms, and a small community room. Zoning standards that are waived under State Density Bonus Law are not “applicable” for purposes of the Section 15332 infill exemption.
(2) The proposed development occurs within the City limits on a project site of no more than five acres substantially surrounded by urban uses. The gross project site is approximately 1.43 acres in size and is located in the City’s downtown area, an urbanized area beginning at the northeast corner of Castro Street and El Camino Real where the project site is located. The site is currently developed with residential and nonresidential uses and is surrounded by a mix of existing residential and nonresidential uses.
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(3) The project site has no value as habitat for endangered, rare, or threatened species. The project site is located within a highly developed urban area that lacks habitat that would be suitable for sensitive animal or plant species. The project site is currently built out with five single-story commercial buildings (containing retail and office uses), a two-story multi-family residential building, paved surface parking areas, and a public street, which cover the vast majority of the project site and do not provide substantial habitat. Additionally, a search of the United States Fish and Wildlife Service (USFWS) Information Planning and Consultation (IPaC) system concluded that the project site does not contain critical habitats (USFWS 2024a). Also, the project site does not contain special‐status plant and wildlife taxa recognized on the California Native Plant Society (CNPS) Online Inventory of Rare and Endangered Plants of California (CNPS 2024) and the California Department of Fish and Wildl ife’s State and Federally Listed Endangered, Threatened, and Rare Plants of California (California Department of Fish and Wildlife 2024). Therefore, the project site has no habitat value for any endangered, rare, or threatened species, meeting this criterion.
(4) Approval of the project would not result in any significant impacts relating to traffic, noise, air quality, or water quality.
Traffic/Transportation: The City’s Vehicle Miles Traveled (VMT) policy establishes certain projects that are presumed to have less -than-significant transportation impacts and do not require a VMT analysis, which includes projects located in areas of low VMT, defined as exhibiting VMT that is 15% or greater below the existing nine-county Bay Area regional average VMT. This project is located in an area of low VMT and, therefore, the project would not result in significant transportation impacts.
Noise: The project would not exceed the City’s applicable significance thresholds related to noise or vibration. The project is not located in close vicinity of a private airstrip or public airport and would not expose people residing or working in the area to excessive aircraft noise levels. The project would cause construction noise and vibration at levels similar to other midrise, multi -family/mixed-use construction projects in the City. There is nothing unusual or peculiar about the project or its construction that would suggest that the project would have greater construction noise or vibration than other typical construction projects.
Specifically, the City found that estimated construction noise levels would not exceed applicable standards and that the type of construction and construction equipment would also not cause vibration impacts exceeding established thresholds. The project would include stationary sources of operational noise, such as mechanical heating, ventilating, and air conditioning (HVAC) equipment that is standardized for noise reduction and located and screened in a manner that would result in project compliance with the standards of City Code Section 21.26(a). As directed by the California Supreme Court in Make UC A Good Neighbor v. Regents of University of California (2024), 16 Cal. 5th 43 , noise from resident activity at the site is not considered an environmental impact. As such, the project would not result in any significant or unique noise impacts and would implement al l necessary and/or required standard conditions of approval intended to ameliorate noise from stationary/operational and construction sources.
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Air Quality: The project would have air quality emissions resulting from construction activities which would not exceed the screening criteria established by the Bay Area Air Quality Management District (BAAQMD). Construction-related emissions from the project will also be reduced with implementation of required City-standard conditions of approval. The project is also consistent with the policies and standards of the City’s General Plan and proposes infill mixed-use development, which is substantially residential, within an area that is well-served by transit. As such, the project is considered consistent with the City’s Greenhouse Gas Reduction Program (i.e., Clean Air Plan) and would not be considered a substantial source of operational toxic air contaminants posing a health risk to others. Therefore, construction -related and operational emissions from the project are not presumed to have any significant air quality effects.
Water Quality: The project would not exceed the City’s applicable significance thresholds related to water quality. The project site is currently developed and located within an urbanized environment. There are no lakes, creeks, or other surface waters in the immediate site vicinity. The project site is served by the City’s existing stormwater system and downstream conveyance channels that will receive water runoff from the project. Given the location, the flat nature of the site, and planned improvements that would not increase impermeable surfaces on the site, the project would not substantially increase runoff as a source of pollution, and the project will comply with the San Francisco Regional Water Quality Control Board (RWQCB) NPDES permitting program requirements and City-standard conditions of approval requiring additional site design measures to reduce the amount of stormwater runoff and limit pollution in stormwater runoff. Therefore, the impacts related to water quality would be less than significant.
(5) The site can be adequately served by all required utilities and public services.
As documented in the Class 32 Categorical Exemption Report, the project would not exceed the City’s applicable significance threshold related to utilities and public services. The project is in an urbanized area surrounded by existing residential and nonresidential uses and served by all needed utilities, including electricity, sanitary sewer facilities, storm drain facilities, and water facilities, as well as all required public services, including public school districts, Police, Fire, and solid waste pick-up services. All aspects of the project, including new connections to available utilities will be constructed to meet the needs of the development and, with such construction of all necessary utility improvements, the project would not contribute to any deficiencies in the utility systems. Therefore, the project meets all infill development exemption criteria under CEQA.
(6) None of the CEQA Section 15300.2 exceptions apply to this project.
Location: This exception does not apply to the project review because it is only applicable to Class 3, 4, 5, 6, and 11 exemptions. This project is eligible for a Class 32 exemption.
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Cumulative Impacts: This exemption does not apply as this development is the only project proposed at this time on the project site, and there would be no successive projects in the same place as the proposed project.
Significant Effects: This exemption does not apply because the City’s analysis has shown the project would not result in any significant effects relating to traffic, noise, air quality, water quality, or utilities and public services, and there are no unusual circumstances at the project site that would exacerbate environmental effects. The project site is relatively flat, currently developed with existing commercial and residential development, and does not have any other known unusual circumstance, in cluding proximity to or effects on scenic highways, hazardous waste conditions, or historical resources.
Scenic Highway: This exception does not apply as this project site is not on, near, or prominently visible from any highway officially designated as a state scenic highway.
Additionally, the project would not result in environmentally significant damage to any other scenic resources such as trees, historic buildings, rock outcroppings, or similar resources. The site neither contains nor is adjacent to any officially designated scenic resources. Although the project would remove seven existing Heritage trees, such removals are permitted pursuant to the City’s Heritage Tree Removal Permit process, and the project would comply with standard requirements for tree replacement such that project tree counts and canopy would meet or exceed existing conditions.
Hazardous Waste Site: This exception does not apply as the City conducted a records search and found the project site is not included on any list compiled pursuant to Section 65962.5 of the Government Code.
Historical Resources: This exception does not apply as the project would not cause any substantial adverse change in the significance of a historical resources as the project site does not contain any existing historic resources or any known archaeological resources.
While such resources are not known to exist on the site, the project would include excavation to greater depths than any prior on -site development that would have uncovered archaeological resources. In that case, if any new human remains, prehistoric, or historic -period cultural materials or similar historical resources are unearthed, City -standard conditions of approval would address any unanticipated discoveries; and be it
FURTHER RESOLVED: that the City Council hereby approves the Planned Community Permit and Development Review Permit to construct an eight -story, mixed -use development with 140 residential condominium units, 9,743 square feet of ground-floor commercial space, and two levels of below -grade parking, utilizing State Density Bonus Law, replacing existing commercial properties and four residential units, a Provisional Use Permit to allow residential uses (on upper floors only) along the Castro Street frontage and a Heritage Tree Removal Permit to remove seven Heritage trees on Assessor’s Parcel Nos. 158 -06-008, 158-06-010, 158 06-036, 158-06-037, 158- 06-038, and 158 -06-039 (Application No. PL -6753), based on the findings above and subject to -26-
the applicant’s fulfillment of all of the conditions of approval, which are attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein.
TIME FOR JUDICIAL REVIEW
The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6, as established by Resolution No. 13850, adopted by the City Council on August 9, 1983.
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-6753
843-903 CASTRO STREET, 700 WEST EL CAMINO REAL, AND 750 FAIRMONT AVENUE
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 for a Planned Community Permit and Development Review Permit to construct an eight -story, mixed-use development with 140 residential condominium units, 9,743 square feet of ground-floor commercial space, and two levels of below- grade parking, utilizing State Density Bonus Law, replacing three existing commercial properties and four residential units, a Provisional Use Permit to allow residential uses (on upper floors only) along the Castro Street frontage, and a Heritage Tree Removal Permit to remove seven Heritage trees on Assessor’s Parcel Nos. 158 -06-008, 158-06-010, 158-06-036, 158-06-037, 158-06-038, and 158 -06- 039. Development shall be substantially as shown on the project materials listed below, except as may be modified by conditio ns contained herein, which are kept on file in the Planning Division of the Community Development Department:
a.
Project plans prepared by Kenneth Rodriguez and Partners Inc., dated September 19, 2025.
b. Color and materials board prepared by Kenneth Rodriguez and Partners Inc., dated September 19, 2025.
c. Density Bonus Letter by Coblentz Patch Duffy & Bass LLP, dated September 24, 2025.
d. Arborist Report prepared by Kielty Arborist Services, LLC, dated September 19, 2025.
e.
Class 32 Categorical Exemption Report for the “881 Castro Street Mixed-Use Project,” dated September 2025, prepared by the City in conjunction with Rincon Consultants, Inc.
THIS REQUEST IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
Planning Division—650-903-6306 or [email protected]
1. EXPIRATION: This permit is valid for a period of two years from the date of approval. This permit shall become null and void if building permits have not been issued and construction activity has not commenced within the two-year period unless a permit extension has been submitted to and approved by the Zoning Administrator at a duly noticed public hearing prior to the expiration date.
2. PERMIT EXTENSION: Zoning permits may be extended for up to two years after an Administrative Zoning public hearing, in compliance with procedures described in Chapter 36 of the City Code. An application for extension must be filed with the Planning Division, including appropriate fees, prior to the original expiration date of the permit(s).
3. PLANNING INSPECTION: Inspection(s) by the Planning Division are required for foundation, framing, application of exterior materials, and final completion of each structure to ensure that the construction matches the approved plans.
PERMIT SUBMITTAL REQUIREMENTS
4. AIR QUALITY: The applicant is required to secure a permit from the Bay Area Air Quality Management District or provide written assurance that no permit is required prior to issuance of a building permit.
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5. 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.
6. ACCESSORY STRUCTURE(S): Any future accessory structure on -site will require approval by the Planning Division and may require separate City permits.
7. 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 acre, if applicable; (d) lot area (in square feet and acreage); and (e) total number of parking spaces.
8. REVISIONS TO THE APPROVED PROJECT: Minor revisions to the approved project, including conditions of approval, shall require approval by the Zoning Administrator. Major modifications as determined by the Zoning Administrator shall require a duly noticed public hearing, which can be referred to the City Council.
9. 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.
10. 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.
11. TOXIC ASSESSMENT: A toxic assessment report shall be submitted as part of the building permit submittal. The applicant must demonstrate that hazardous materials do not exist on the site or that construction activities and the proposed use of this si te are approved by: the City’ Fire Department (Fire and Environmental Protection Division); the State Department of Health Services; the Regional Water Quality Control Board; and any federal agency with jurisdiction. No building permits will be issued until each agency and/or department with jurisdiction has released the site as clean or a site toxics mitigation plan has been approved.
12. VIBRATION AND SETTLEMENT PLAN: At building permit submittal, the applicant shall prepare a Vibration and Settlement Plan which specifies monitoring and mitigation measures to avoid damage to the adjacent building(s) as a result of project construction. Approved monitoring protocols shall be in place prior to issuance of any building permits for the project.
13. BIRD-STRIKE MANAGEMENT PLAN: A bird-strike management plan, which provides project design features to reduce bird strikes, and a bird -strike monitoring plan postconstruction shall be submitted as part of the building permit submittal with recommended provisions included in the building permit plans.
14. SIGNAGE: No signs are approved as part of this application. Any new signage will require separate planning and/or building permits. Application form and submittal requirements are available online at www.mountainview.gov/planningforms.
15. MASTER SIGN PROGRAM: The applicant shall develop a master sign program for this property as part of a separate planning permit. The program shall identify suitable sign locations, types, sizes, colors, and materials in written and visual forms f or all buildings/tenant spaces on-site with a common theme for signage that is compatible with the structures and uses. Application form and submittal requirements are available online at www.mountainview.gov/planningforms.
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16. PUBLICLY ACCESSIBLE PASEO SIGNAGE: The applicant shall provide on -site signage(s) along each street frontage to provide wayfinding information and identifying the publicly accessible paseos providing circulation through the project site. The sign(s) shall be approved by the Community Services Director consistent with zoning regulations and subject to separate planning and building permits. Application form and submittal requirements for a planning permit are online at www.mountainview.gov/planningforms.
OPERATIONS
17. OPERATIONAL CRITERIA: In the event that problems with the operational criteria of an on -site business arise, including, but not limited to, delivery truck issues, hours of operation, or noise, the Zoning Administrator may hold a public hearing to review the situation and impose new or modified conditions of approval in response to the information received. The public hearing shall be conducted and noticed in accordance with Chapter 36, Article XVI, Division 6, of the City Code.
18. ROOF DECK OPERATION: The approved hours of operation for the rooftop common area shall be limited to 8:00 a.m. to 10:00 p.m. and shall not allow amplified music. In the event any problems arise with the hours of operation or noise, the Zoning Administrator may hold a public h earing to review common -area operations and impose new or modified conditions of approval in response to public comment received. The public hearing shall be conducted and noticed in accordance with Chapter 36, Article XVI, Division 6, of the City Code.
19. LOADING/DELIVERY PLAN: Prior to building permit issuance, the applicant shall develop a plan specifying measures to manage on-site deliveries and loading, which may include measures to tailor delivery hours and/or days to limit conflicts with peak traffic times or adjacent land uses.
SITE DEVELOPMENT AND BUILDING DESIGN
20. PUBLIC PASEOS: The building permit and off -site improvement plans shall include details for the privately owned publicly accessible (POPA) paseo design, landscape, art, and programming for review and approval by City staff prior to issuance of building and/or excavation permits.
21. EXTERIOR MATERIALS: High-quality materials and finishes shall be used throughout the project and shall remain in compliance with the materials identified in the approved plans, except as modified by the conditions of approval herein. Details regarding all color and architectural details shall be provided in the building permit plan submittal.
22. TRIM MATERIALS: Details of the specific placement, utilization, and finish of the trim materials shall be provided with the building permit drawings.
23. SPECIAL PAVING MATERIALS: The color, material, design, and product specifications for the special paving materials used on- site shall be submitted with the building permit drawings. Final paving design details for the POPA paseos shall be subject t o review and approval by City staff prior to the issuance of building permits.
24. WINDOWS: Manufacturer type, design, material, and installation details for all windows within the project shall be specified for each unit in the building permit drawings.
25. GROUND-FLOOR TRANSPARENCY: Commercial storefronts and windows must maintain a minimum 75% 60% transparency along of the ground floor of the building(s) facade at all times. No window tinting/treatment, permanent/affixed furniture, or sunshades which permanently block the windows/storefronts are permitted. (Ground Level Treatment Guidelines for P(19) Downtown Precise Plan, Area J) Sunshades which maximize transparency while providing UV light screening for building occupants may be permitted.
26. ROOFTOP EQUIPMENT SCREEN: All rooftop equipment must be fully screened from public/street view using architectural elements including but not limited to parapets and screens. (Roof Treatment Guidelines for P(19) Downtown Precise Plan, Area J). 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.
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27. MECHANICAL EQUIPMENT (GROUND SCREENING): All mechanical equipment, such as air condenser (AC) units or generators, shall be full screened from public view per Section 36.34.10 (General landscaping standards.) of the City Code. concealed behind opaque screening. No mechanical equipment is permitted on front porches or balconies but may be located in the fenced yard area or building rooftops.
28. OUTDOOR STORAGE: There is to be no outdoor storage without specific Development Review approval by the Planning Division.
29. GROUND-FLOOR COMMERCIAL AREA: This project is required to will provide 9,743 square feet of ground -floor commercial space. Any future use is subject to the permitted and provisionally permitted uses of the P(19) Downtown Precise Plan.
30. FENCE(S)/WALL(S): All fencing and walls are to be shown on building plan drawings, including details on height, location, and material finish. No fence or wall shall exceed 7’ in height, measured from adjacent grade to the top of the fence or wall. Th e design and location must be approved by staff and comply with all setback and traffic visibility area requirements.
31. PARKING SPACE DESIGN: All parking spaces (except parallel spaces) must be double-striped with 4” wide stripes. Double stripes shall be 18” apart, from outside edge to outside edge of the stripes, or 10” from inside edge to inside edge of the stripes. The 8-1/2’ parking space width is measured from the center of one double stripe to the other, such that the space between stripes is 7’. For parallel parking spaces, only single -striped or tic-mark is required between spaces. Single stripes shall be measured from interior edge to interior edge of the stripe, such that the space between stripes is 24’.
32. LIGHTING PLAN: The applicant shall submit a lighting plan in building permit drawings. This plan should include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. The design and location of outdoor lighting fixtures shall ensure t here will be no glare and light spillover to surrounding properties, which is demonstrated with photometric contours extending beyond the project property lines. The lighting plan submitted with building permit drawings must be approved by the Zoning Administrator prior to building permit issuance.
33. ROOFTOP DECK LIGHTING: Proposed lighting fixtures on the rooftop decks and courtyards shall be designed to minimize visibility from ground level on adjacent public streets and avoid off -site glare. Any string lighting shall be designed to include shades to avoid light spillover and be screened so they are not visible from off-site. Limited pedestrian-scale/building-mounted lighting along pathways may be permitted subject to review and approval of photometric lighting plan submitted as part of the building permit drawings.
34. BIKE PARKING FACILITIES: The applicant shall provide bike parking as shown in the approved plans, which meets the following bike parking standards for the project site, which must be shown on building permit drawings:
a. Short-term bike parking for visitors at 5% of commercial vehicle parking spaces (minimum of two bike parking spaces) and one bike space per 10 residential units (minimum of 14 bike parking spaces). These spaces shall be provided as bike racks which must secure the frame and both wheels. Racks should be located near the building entrances (i.e., within constant visual range) unless it is demonstrated that they create a public hazard or it is infeasible. If space is unavailable near building entrances, the racks must be designed so that the lock is protected from physical assault and must include clear and visible signage leading to public bicycle parking if not visible from a street or public path.
b. Long-term bike parking for residents at one bike space per unit for a total of 140 spaces. These spaces shall be in a secure location to protect against theft and may include, but are not limited to, bike lockers, enclosed cages, or other restricted interior areas. Any area used for long -term bike parking shall not be included in zoning calculations for floor area or building coverage.
TREES AND LANDSCAPING
35. LANDSCAPING: Detailed landscape plans encompassing on- and off-site plantable areas out to the street curb must be included in building permit drawings. Minimum plant sizes are flats or one -gallon containers for ground cover, five -gallon for shrubs, and 24” box for trees. The drawings must be approved prior to building permit issuance and implemented prior to occupancy.
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All plans should be prepared by a licensed Landscape Architect and should comply with the City’s Landscape Guidelines, including the Water Conservation in Landscaping Regulations (forms are available online at www.mountainview.gov/planningforms). Additional landscaping materials or modifications may be required by the Planning Division at final inspection to ensure adequate planting coverage and/or screening.
36. LANDSCAPE CERTIFICATION: Prior to occupancy, the Landscape Architect shall certify in writing the landscaping has been installed in accordance with all aspects of the approved landscape plans and final inspection(s), subject to final approval by the Planning Division.
37. STREET TREES: Install standard City street trees along the street frontage, including where there are gaps in the space of existing street trees. The location of existing trees to remain, existing trees to be removed, and new street trees shall be shown on the grading, utility, and landscaping plans submitted for building permit review. New street trees shall be planted in accordance with Detail F-1 of the Public Works Standard Provisions, a minimum of 10’ from sanitary sewer lines, traffic signals, stop and yield signs, and streetlights and 5’ from water lines, fire lines, and driveways. Street trees are to be irrigated by the property owner in accordance with Chapter 32 of the City Code.
38. STREET TREE FORM: The applicant shall complete the “Proposed Street Tree” form available in the Planning Division or online at https://developmentpermits.mountainview.gov/about-permits/planning-permit-applications. Once completed, the applicant shall email the original to the Parks Division at [email protected] and provide a duplicate copy to the Building Division with building permit submittal.
39. TREE PRESERVATION PLAN: A qualified arborist shall provide written instructions for the care of the existing tree(s) to remain on-site before, during, and after construction. In addition to tree preservation measures provided in the project arborist report, this tree preservation plan shall also include recommendations for any ongoing measures necessary to maintain the health of the tree(s), which may include but not be limited to installation of an irrigation drip system and water tie -in for supplemental water during construction. This plan shall be submitted to the Planning Division and reviewed and approved by the City prior to issuance of building permits. Prior to occupancy, the arborist shall certify in writing that all tree preservation measures have been implemented. Approved measures shall be included in the building permit drawings.
40. ARBORIST INSPECTIONS: During demolition activity and upon demolition completion, a qualified arborist shall inspect and verify the measures described in the arborist report are appropriately implemented for construction activity near and around the preserved trees, including the critical root zones. Should it be determined that the root systems are more extensive than previously identified and/or concerns are raised of nearby excavation or construction activities for the project foundation or underground parking garage, the design of the building and/or parking garage may need to be altered to maintain the health of the trees prior to building permit issuance.
41. 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.
42. 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 landscap e material growth and sh all be screened in a manner which respects the building design and setback requirements. Additional landscaping materials or modifications may be required by the Planning Division at final inspection to ensure adequate plant screening.
43. TREE REMOVALS: Permits to remove, relocate, or otherwise alter Heritage trees cannot be implemented until a project building permit for new construction is secured and the project is pursued.
44. REPLACEMENT TREES: The applicant shall offset the loss of each Heritage/street tree with two replacement trees, for a total of 24 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.
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45. STREET TREE PROTECTIONS: All designated City street trees are to be protected throughout construction activity with protection measures shown on building permit plans.
46. TREE PROTECTION MEASURES: The tree protection measures listed in the arborist’s report prepared by Kielty Arborist Services, LLC, and dated September 19, 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.
47. IRREVOCABLE DAMAGE TO HERITAGE TREES: In the event one or more of the preserved Heritage tree(s) are not maintained and irrevocable damage or death of the tree(s) has occurred due to construction activity, a stop work order will be issued on the subject property and no construction activity shall occur for two (2) working days per damaged tree. The applicant will also be subject to a penalty fee at twice the tree valuation prior to damage; this fee applies to each Heritage tree damaged. No construction activity can resume until the penalty fee(s) have been paid to the City.
NOISE
48. MECHANICAL EQUIPMENT (NOISE): The noise emitted by any mechanical equipment shall not exceed a level of 55 dB(A) during the day or 50 dB(A) during the night, 10:00 p.m. to 7:00 a.m., when measured at any location on the adjoining residentially used property.
49. 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.
50. 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 temporary sound barriers or sound curtains around loud stationary equipment if the other noise reduction methods are not effective or possible; and (e) shroud or shield impact tools and use electric-powered rather than diesel-powered construction equipment.
51. SITE-SPECIFIC BUILDING ACOUSTICAL ANALYSIS: A qualified acoustical consultant will review final site plans, building elevations, and floor plans prior to construction to calculate expected interior noise levels as required by state noise regulations. Project-specific acoustical analyses are required by the California Building Code to confirm that the design results in interior noise levels reduced to 45 dB(A)Ldn or lower. The specific determination of what noise insulation treatments are necessary will be c ompleted on a unit -by-unit basis. Results of the analysis, including the description of the necessary noise control treatments, will be submitted to the City along with the building plans and approved prior to issuance of a building permit. Building sound insulation requirements will include the provision of forced-air mechanical ventilation for all residential units as recommended by the qualified acoustical consultant, so that windows can be kept closed at the occupant’s discretion to control noise. Special building techniques (e.g., sound-rated windows and building facade treatments) will be implemented as recommended by the qualified acoustical consultant to maintain interior noise levels at or below acceptable levels. These treatments will include, but are not limited to, sound -rated windows and doors, sound- rated wall construction, acoustical caulking, protected ventilation openings, etc.
CC&RS AND DISCLOSURES
52. CC&Rs: One electronic PDF of the proposed draft Covenants, Conditions, and Restrictions (CC&Rs) for the homeowners association shall be submitted to the Planning Division and approved by the City Attorney and Community Development Department prior to approval and recordation of the map building permit issuance . The applicant shall provide a completed CC&R checklist at submittal along with associated review fee made payable to the City of Mountain View. The checklist can be obtained by contacting the project planner or by email inquiry to [email protected].
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53. MASTER PLAN: The applicant shall prepare a master plan which establishes rules for modifications or additions of any building structures at this site, including fences, trellises, sunshades, and accessory buildings as well as modifications to principa l buildings. These rules shall be consistent with the provisions of the P(19) Downtown Precise Plan and shall be approved by the Planning Division . The Any Covenants, Conditions, and Restrictions (CC&Rs) shall specifically state that the master plan establishes the rules for additions/modifications to the complex and that changes to the master plan require approval by the Planning Division. Copies of the master plan shall accompany the CC&Rs to be submitted to the Planning Division for review and approval.
54. PROJECT INFORMATION: All marketing and sales literature, leasing information, and the Covenants, Conditions, and Restrictions (CC&Rs) , if any, for the complex shall clearly state that this project is complete as built and that no further expansions to the building structures are permitted without Planning Division approval. Any revisions to the project would require a separate application to the City by the homeowners association and would need to establish rules for all units in the complex.
55. NOTICE TO POTENTIAL BUYERS , IF ANY : In addition to the required legal disclosures, the applicant’s sales staff shall notify potential buyers about any known environmental contamination issues and the project site’s environmental cleanup status with the designated oversight agency.
CONSTRUCTION ACTIVITIES
56. SINGLE-PHASE DEVELOPMENT: Construction of the project shall be done in a single phase unless a phased construction project schedule is approved by the Zoning Administrator (or City Council).
57. CONSTRUCTION PARKING: The applicant shall prepare a construction parking management plan to address parking demands and impacts during the construction phase of the project by contractors or other continued operations on -site. The plan shall also include a monitoring and enforcement measure which specifies on -street parking is prohibited and will be monitored by the owner/operator of the property (or primary contractor), and penalties will be enforced by the owner/operator of th e property (or primary contractor) for violations of on-street parking restrictions. Violations of this provision may result in a stop- work notice being issued by the City for development project. The construction parking management plan shall be subject to review and approval prior to the issuance of building permits.
58. NOTICE OF CONSTRUCTION: The applicant shall notify neighbors within 750’ of the project site of the construction schedule in writing, prior to construction. For multi-phased construction, separate notices may be required for each phase of construction.
A copy of the notice and the mailing list shall be submitted for review prior to issuance of building permits.
59. 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 compl aint 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 notifica tion sent to neighbors adjacent to the site. The sign must also list an emergency after-hours contact number for emergency personnel.
60. 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 CDD/EM
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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.
61. BASIC AIR QUALITY CONSTRUCTION MEASURES: The applicant shall require all construction contractors to implement the basic construction mitigation measures recommended by the Bay Area Air Quality Management District (BAAQMD) to reduce fugitive dust emissions. Emission reduction measures will inclu de, at a minimum, the following measures: (a) all exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) will be watered two times p er day; (b) all haul trucks transporting soil, sand, or other loose mater ial off-site will be covered; (c) all visible mud or dirt track - out onto adjacent public roads will be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited; (d) all vehicle speeds on unpaved roads will be limited to 15 mph; (e) all roadways, driveways, and sidewalks to be paved will be completed as soon as possible. Building pads will be laid as soon as possible after grading unless seeding or soil binders are used; (f) idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measures Title 13, Section 2485, of the California Code of Regulations). Clear signage shall be provided for construction workers at all access points; (g) all construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications.
All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation; and (h) post a publicly visible sign with the telephone number and person to contact at the City of Mountain View regarding dust complaints. This person will respond and take corrective action within 48 hours. B AAQMD’s phone number shall also be visible to ensure compliance with applicable regulations.
62. 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 activitie s to allow for proper characterization and evaluation of disposal options; (c) the contractor will monitor area around construction site for fugitive vapor emissions with appropriate field screening instrumentation; (d) the contractor will water/mist soil as it is being excavated and loaded onto transportation trucks; (e) the contractor will place any stockpiled soil in areas shielded from prevailing winds; and (f) the contractor will cover the bottom of excavated areas with sheeting when work is not being performed.
63. DISCOVERY OF ARCHAEOLOGICAL RESOURCES: If prehistoric or historic-period cultural materials are unearthed during ground- disturbing activities, it is recommended that all work within 100’ of the find be halted until a qualified archaeologist and Native American representative can assess the significance of the find. Prehistoric materials might include obsidian and chert -flaked stone tools (e.g., projectile points, knives, scrapers) or tool-making debris; culturally darkened soil (“midden”) containing heat- affected rocks and artifacts; stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered- stone tools, such as hammerstones and pitted stones. Historic-period materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, 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.
64. 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 CDD/EM
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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.
65. DISCOVERY OF PALEONTOLOGICAL RESOURCES: In the event that a fossil is discovered during construction of the project, excavations within 50’ of the find shall be temporarily halted or delayed until the discovery is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The City shall include a standard inadvertent discovery clause in every construction contract to inform contractors of this requirement. If the find is determined to be significant and if avoidance is not feasible, the paleontologist shall design and carry out a data recovery plan consistent with the Society of Vertebrate Paleontology standards.
66. 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).
67. PRECONSTRUCTION NESTING BIRD SURVEY: To the extent practicable, vegetation removal and construction activities shall be performed from September 1 through January 31 to avoid the general nesting period for birds. If construction or vegetation removal cannot be performed during this period, preconstruction surveys will be performed no more than two days prior to construction activities to locate any active nests as follows:
The applicant shall be responsible for the retention of a qualified biologist to conduct a survey of the project site and surrounding 500’ for active nests —with particular emphasis on nests of migratory birds— if construction (including site preparation) will begin during the bird nesting season, from February 1 through August 31. If active nests are observed on either the project site or the surrounding area, the applicant, in coordination with the appropriate City staff, shall establish no- disturbance buffer zones around the nests, with the size to be determined in consultation with the California Department of Fish and Wildlife (usually 100’ for perching birds and 300’ for raptors). The no-disturbance buffer will remain in place until the biologist determines the nest is no longer active or the nesting season ends. If construction ceases for two days or more and then resumes during the nesting season, an additional survey will be necessary to avoid impacts on active bird nests that may be present.
68. VIBRATION BEST MANAGEMENT PRACTICES CONSTRUCTION MEASURES:
• Avoid impact pile driving and drill piles instead where possible. Drilled piles cause lower vibration levels where geological conditions permit their use.
• Avoid using vibration rollers and tampers near sensitive areas.
• In areas where project construction is anticipated to include vibration generating activities, vibration studies shall be conducted to determine the areas of impact and to present appropriate mitigation measures that may include the following:
— Identification of sites that would be exposed to project vibration compaction activities and could result in vibration impacts to structures;
— Develop a vibration monitoring and contingency plan;
— Construction contingency plan; and
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— Conduct post-survey on structures where either monitoring has indicated high levels or complaints of damage have been made.
Housing Department—650-903-6190 or [email protected]
69. BMR, PROVIDING UNITS: Prior to issuance of the first building permit 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 Below-Market-Rate (BMR) units consistent with Chapter 36, Article XIII, Divisions 1 and 2, of the City Code and the Below -Market-Rate Housing Program Administrative Guidelines and Direc tives. Prior to the issuance of the building permits, the applicant shall also submit a plan indicating the location, size, and phasing of BMR units. This results in a total of eleven (11) units being available. The units will be designated as follows: one (1) unit at thirty percent (30%) Area Median Income (AMI); ten (10) units at fifty percent (50%) AMI. This is in accordance with the units outlined in the Affordable Housing Compliance Plan dated September 22, 2025 and as per -unit locations in the approved project plan set or as may be modified with the approval of the Housing Department. The BMR units may be counted toward the replacement units and Density Bonus units requirements, provided the strictest AMI limits are applied. The Housing Department reserves the right to review, approve, or deny any modifications to the Affordable Housin g Compliance Plan or unit delivery. Conditions of approval are applicable to both ownership and rental units.
70. 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.
71. DENSITY BONUS, AFFORDABLE HOUSING UNITS: The base density for this project allows for a “base project” of 70 units. Under provisions of the State Density Bonus Law, the project qualifies for a 50% density bonus because the applicant proposes to construct 15% of the base density (or 11 units) affordable to very-low-income households (50% AMI or less). In addition to the foregoing, the applicant has elected to utilize provisions of Assembly Bill (AB) 1287 (codified at Gov. Code § 65915(v)) which authorizes an additional 50% density bonus. The project qualifies for an additional 50% density bonus by proposing to construct an additional 15% of the base density (or 11 units) affordable to moderate-income households (120% AMI or less). By providing 15% of the base units for very low-income households plus 15% for moderate -income households, the project qualifies for a 100% density bonus (50% from the very- low-income units and 50% from the moderate -income units). This results in a grand total of 22 BMR units being p rovided as follows: one unit at 30% AMI, 10 units at 50% AMI, two units at 80% AMI, and nine units at 120% AMI. The Density Bonus units may be counted toward the replacement units and BMR unit requirements, provided the strictest AMI limits are applied. The applicant shall enter into a BMR and Density Bonus 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 issuance of the first building permit for the project.
72. DENSITY BONUS, OWNERSHIP UNITS SALES PRICE: Under State Density Bonus Law, for -sale affordable units must be sold at costs as defined in the Health and Safety Code (HSC) Section 50052.5 based on “housing costs” defined in the California Code of Regulations, Title 25, Section 6920.
73. 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.
74. NOTICE TO TENANTS AND TENANT RELOCATION ASSISTANCE: The applicant shall comply with the provisions of the City’s Tenant Relocation Assistance Ordinance, the Community Stabilization and Fair Rent Act (CSFRA), the State Housing Crisis Act (California Government Code section 66300.6), and the City’s Tenant Re location Administrative Guidelines. This includes, but CDD/EM
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is not limited to, consulting with the City’s Housing Department and retained relocation consultant to provide: (1) rent and income information to the relocation consultant for tenant eligibility determination; (2) funding for the relocation consultant services; (3) funding of an escrow account to be used for relocation assistance payment to eligible tenants; (4) copies of all required notices to tenants, including, but not limited to, the Notice of Intent and Notice of Termination; and (5) relocation assistance payments to eligible tenants. Prior to issuance of demolition permits, building permits, or other City permits that would result in the displacement of tenants from a rental unit, the City must receive verification from the third-party relocation consultant that all eligible residential households who applied and qualified for assistance have received relocation assistance.
75. FIRST RIGHT OF REFUSAL: The applicant shall provide notice and offer the right of first refusal to eligible low- or lower-income households for a comparable unit available in the new housing development, at an affordable rent or an affordable housing cost in accordance with the State Housing Crisis Act, California Government Code section 66300.6. The applicant shall submit documentation sufficient to demonstrate compliance with California Government Code section 66300.6 provisions governing a right of first refusal. Documentation sufficient to demonstrate compliance includes, but is not limited to, a copy of a written offer to existing occupants to rent a comparable unit in the new development, proof of delivery of the offer or a copy of a written acceptance or rejection of the offer by the occupant.
76. REPLACEMENT UNITS: In compliance with the State Housing Crisis Act (California Government Code Section 66300.6.) and Density Bonus Law, the applicant shall replace four (4) protected units with units at a comparable size at an affordable rent or an affordable housing cost in the new development. Each unit must be deed-restricted at an affordable cost for and occupancy by a household in the same or lower income category (i.e., low-income, very low-income, extremely low-income) as the tenant household in occupancy at the time the Notice of Intent to develop the site was issued. If the tenant household in occupancy at the time the Notice of Intent to develop the site was issued was above low -income, the income was unknown, or the unit was vacant, the unit must be deed-restricted at 80% AMI or below. The deed restriction shall be effectuated by an affordability restriction, covenant, or agreement, as approved by the City Attorney, which shall be recorded prior to issuance of the first building permit. Four 2- bedroom units ar e required as replacement units in the new construction. Of the four replacement units, two must be at 80% AMI or below, one must be at 50% AMI or below, and one must be at 30% AMI or below. These four units may also count toward the applicant’s BMR and De nsity Bonus unit requirements. The applicant shall enter into a BMR and Density Bonus Agreement with the City consistent with the Costa-Hawkins Act, as applicable, that addresses these on-site affordable replacement housing units’ requirements, which shall be executed and recorded against the property prior to issuance of the first building permit for the project.
77. HOA RESERVE FUND: In order to count toward the project’s 15% BMR requirements and to maintain affordability levels, the applicant will establish a homeowners association (HOA) reserve fund for the BMR units set for sale to households with income levels at or below 80% AMI, consistent with Chapter 36, Article XIII, Divisions 1 and 2, of the City Code and the BMR Housing Program Administrative Guidelines and Directives. This fund is a designated set -aside to help low-income owners to fully pay for special assessments and future HOA fee increases to ensure housing costs do not exceed 30% of the household’s income over the life of the mortgage for each unit. The City currently estimates Sixty-Nine Thousand Nine Hundred Seventy-Five Dollars ($69,975) will need to be deposited in the reserve fund for each very low-income affordable unit and Seventeen Thousand One Hundred Eighty-Four Dollars for e ach low -income unit ($17,184) for a total of Eight Hundred Four Thousand Ninety- Three
Dollars ($804,093) for the 13 affordable units designated 80% AMI and below. The reserve fund shall be identified and its purpose described in the CC&R for the project and shall be established when the HOA is created.
78. CONDOMINIUM CONVERSION (CHANGE TO THE CONDO PARCEL BUILDING): The Below -Market-Rate (BMR) agreement negotiated between the parties is based upon the condominium parcel building described in the agreement. Any substantive change in the condominium parcel building or any alternative use of the condominium property wil l be subject to the City’s prior review of the alternative use or revised condominium parcel building to determine whether the City’s BMR Housing Program would be applicable and to what extent the agreement may require amendment.
The developer has indicated they may elect to rent the condominium units initially instead of selling the units. Should that occur, the developer shall follow all applicable statutes, ordinances, and requirements in place at that time, including, but not limited to, the BMR Housing Program Requirements, and if such units that are initially rented are subsequently sold, then the developer shall follow all requirements for such conversions, such as tenant relocation requirements and first right of refus al requirements for affected tenants, as set forth in the City Code and the City of Mountain View BMR Housing Program CDD/EM
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Administrative Guidelines. If the developer intends to rent all or a portion of the housing units in the condominium building , the 15% inclusionary requirement for rentals apply, and prior to building permit issuance for the condominium building, the developer will cooperate to amend the BMR agreement to list which additional units would be designated as BMR rental units.
Building Division—650-903-6313 or [email protected]
Entitlement review by the Building Division is preliminary. Building and Fire plan check reviews are separate permit processes applied for once the zoning approval has been obtained and appeal period has concluded; a formal permit submittal to the Building Division is required. Plan check review shall determine the specific requirements and construction compliance in accordance with adopt ed local, state, and federal codes for all building and/or fire permits. For more information on submittal requirements 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.
79. BUILDING CODES: Construction plans will need to meet the current codes adopted by the Building Division upon building permit submittal. Current codes are the 2022 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). Please note that 2025 California Codes may be applicable depending on the time of building submittal.
80. USE AND OCCUPANCY CLASSIFICATION: Provide proposed use(s) and occupancy(ies) for the proposed project per the CBC, Chapter 3.
81. SPECIAL REQUIREMENTS BASED ON OCCUPANCY AND USE: Project shall comply with the requirements per the CBC, Chapter 4.
82. DWELLING UNIT SEPARATION: Private garage separation required per the CBC, Section 406.3.2.
83. 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.
84. BUILDING HEIGHT AND NUMBER OF STORIES: The project shall comply with the requirements per the CBC, Chapter 5, Section 504.
85. BUILDING AREA: The project shall comply with the requirements per the CBC, Chapter 5, Section 506.
86. MIXED USE AND OCCUPANCY: The project shall comply with the requirements per the CBC, Chapter 5, Section 508.
87. OCCUPANCY SEPARATION: Proper separation is required to be provided between occupancies per the CBC, Table 508.4.
88. TYPE OF CONSTRUCTION: Provide the type of proposed construction per Chapter 6 of the CBC.
89. FIRE AND SMOKE PROTECTION FEATURES: The project shall comply with the requirements per the CBC, Chapter 7.
90. MINIMUM DISTANCE OF PROJECTIONS: The project shall comply with the requirements per the CBC, Chapter 7 (Table 705.2).
91. 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).
92. 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).
93. FIRE WALLS: Provide the required Fire Wall Resistance Ratings per CBC, Chapter 7, Table 706.4(c), as amended in MVCC Section 8.10.24.
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94. FIRE PROTECTION (PROJECTIONS): Overhangs and other projections will not be permitted to cross property lines, including any property lines between units.
95. MEANS OF EGRESS: The project is required to comply with the requirements per the CBC, Chapter 10, Means of Egress.
96. OCCUPANT LOAD: The project shall comply with Table 1004.5, Maximum Floor Area Allowance per Occupant, per the CBC, Chapter 10, Section 1004.
97. ACCESSIBLE MEANS OF EGRESS: The site must meet accessible means of egress per the CBC, Chapter 10, Section 1009.
98. 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.
99. MVGBC CALGREEN: The project shall comply with the Mountain View CALGreen checklist requirements available online at www.mountainview.gov/greenbuilding.
100. PLUMBING: The project will be subject to the submetering requirements per Senate Bill 7 (Housing: Water Meters for Multi - Unit Structures).
101. UTILITIES: No utilities shall cross property lines.
102. STRUCTURAL CALCULATIONS: Structural calculations may be required once the application for a building permit is submitted.
103. SERVICE DISCONNECT: The service-disconnecting means shall have a rating of not less than 125 amperes, as amended in MVCC Section 8.51.D.
104. 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.
105. COMMERCIAL TENANT IMPROVEMENTS: The tenant improvements for the commercial space(s) will be required to obtain a separate building permit(s).
106. SURVEY REQUIRED: Structures within 6’ of a property line, or required setback, shall provide a site survey certificate and obtain approval from the City prior to concrete pour.
107. 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.
108. 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.
109. SIGNS: Proposed signs are to be a deferred submittal under a separate building permit application.
110. PEDESTRIAN PROTECTION: Pedestrians shall be protected during construction, remodeling, and demolition; additionally, if required, signs shall be provided to direct pedestrian traffic. Provide sufficient information at the time of building plan submittal of how pedestrians will be protected from construction activity per the CBC, Section 3306.
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111. 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 erect a sign at all construction site entrances/exits to advise subcontractors and material suppliers of the working hours (see job card for specifics) and contact information, including an after-hours contact. Violation of this condition of approval may be subject to the penalties outlined in Section 8.70 of the MVCC and/or suspension of building permits.
112. 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 collec tive 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
113. 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 electronically for review and approval. The underground fire service system shall be approved prior to approval of the automatic fire sprinkler system. All work shall conform to NFPA 13, NFPA 24, NFPA 72, and Mountain View Fire Department specifications. (City Code Sections 14.10.30 and 14.10.31 and California Fire Code Section 903.) NOTE: The fire line connecting the Fire Department connection (FDC) to the fire line down steam of the double -check detector assembly (DCDA) shall not have a post indicator valve (PIV) or other control valve installed in it.
114. 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.)
115. 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.)
116. 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 combust ible construction.
117. ON-SITE WHARF HYDRANTS: Provide ground-level wet standpipes (wharf hydrants). On-site wharf hydrants shall be so located as to reach any portion of combustible construction with 150’ of hose. Installation shall be complete and the system shall be tested prior to the start of com bustible 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.)
118. 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.)
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119. 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 system 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.)
120. 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.)
121. 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
122. LOCKBOX: Install an approved key lockbox per the Fire Protection Engineer’s directions. (California Fire Code, Section 506.)
123. KEYSWITCH: Install an approved keyswitch per the Fire Protection Engineer’s directions. Contact the Building Division at 650-903-6313 or [email protected] for instructions. An interior keyswitch to open any electronically controlled egress doors (corridor, stairwells, etc.) is required where such doors exist and would prohibit rapid Firefighter deployment throughout the building. Contact the Fire Protection Engineer to discuss any additional questions.
124. 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 w all 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
125. 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 illumination sha ll be indicated on the electrical plan sheets in the drawing sets. (California Building Code, Section 1008.)
126. 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.)
127. 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.)
128. 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 o ther 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.)
129. 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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130. 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.
131. 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.)
132. ON-SITE DRAWINGS: Submit electronic (.pdf) drawing files according to Fire Department specifications prior to final Certificate of Occupancy.
133. 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 the re 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.)
134. 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. (Californi a Building Code, Section 1009.8.)
HAZARDOUS CONDITIONS
135. ELECTRICAL ENERGY STORAGE SYSTEMS: Electrical Energy Storage Systems shall comply with the California Fire Code, Section 1207.
EXTERIOR IMPROVEMENTS
136. 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
137. EMERGENCY RESPONDER RADIO COVERAGE: All buildings shall have approved radio coverage for emergency responders within the building. (California Fire Code, Section 510.)
138. The photovoltaic (PV) array layout will be reviewed in detail during the building submittal phase. Please ensure all applicab le requirements of the California Fire Code Chapter 12 are being met. If all applicable requirements are not being met, changes to the layout may be required.
139. The FDC pipe run to the DCDA shall not have a PIV installed in it. Remove this PIV for the building submittal package.
Public Works Department—650-903-6311 or [email protected]
OWNERSHIP AND PROPERTY
140. 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 cu rrent legal owners of the property(ies), their type of ownership (individual, partnership, corporation, etc.), and legal description of the property(ies) involved. The title report shall include all easements and agreements referenced in the title report. Depending upon the type of ownership, additional information may be required. The applicant shall provide an updated title report to the Public Works Department upon request. All required materials shall be submitted electronically (i.e., flattened, reduced-size PDFs).
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141. SUBDIVISION: Any combination or division of land for sale, lease, or financing purposes requires the filing and approval of a tentative map, completion of all conditions of subdivision approval, and the recordation of the final map, all prior to the issuance of the building permit. In order to place the approval of a final map on the City Council agenda, all related materials must be completed and approved a minimum of 40 calendar days prior to the Council meeting date.
RIGHTS-OF-WAY
142. PUBLIC ACCESS EASEMENT (SIDEWALKS): Dedicate a 4’ wide public access easement along El Camino Real to maintain a continuous 12’ wide public sidewalk along the project frontage, as required by the Public Works Director.
143. PUBLIC ACCESS EASEMENT (CONNECTIONS THROUGH SITES): Prior to the issuance of any building permits and prior to approval of the final map, the owner shall dedicate a public access easements (PAE) shown on the Tentative Map, covenants, agreements, and deed restrictions on private property. PAE(s) will be dedicated via separate instruments. The project shall also be required to install signage and comply with applicable term and maintenance requirements for the public access easement (POPA open space component) per City Code Section 41.11(a).
• Running east-west between Castro Street and Hope Street (Fairmont Paseo): PAE varies from 35’ to 52’. • Running north-south between El Camino Real and Fairmont Paseo: PAE varies from 5’ to 41’. • Running east-west from Castro Street and along the Gateway Plaza (City land): PAE varies from 8’ to 11’.
The dedication shall indicate that:
a. Public access shall be granted for nonautomotive use at all times;
b. The owner shall maintain, inspect, and monitor the PAE improvements in good order, condition, and repair and in compliance with the Americans with Disabilities Act (ADA);
c. The PAE shall run with the land and be binding upon any successors;
d. If the owner shall fail to abide by the PAE, the owner agrees to pay all reasonable costs and expenses incurred by the City in enforcing the performance of such obligations; and
e. The owner agrees to indemnify, defend, and hold the City and the City’s officers, employees, and agents harmless from any liability for damage or claims for damage for personal injury, including, but not limited to, death and/or property damage caused by negligent acts, errors, or omissions in the performance of services or operations under the Dedication, including maintenance operations performed on the PAE by the owner or the owner’s contractors, subcontractors, agents, or employees.
A legal description (metes and bounds) and plat map (drawing) of: (1) the owner’s property; and (2) the PAE area shall be prepared by the owner in accordance with the City’s Legal Description and Plat Requirements and submitted to the Public Works Department for review and approval. The legal description and plat must be prepared and stamped by a California- registered civil engineer or land surveyor. Associated improvements within the PAE (PAE Improvements) shall be constructed by the owner and approved by the City. All required materials shall be submitted electronically (i.e., flattened, reduced -size PDFs).
144. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 10’ wide public utility easement (PUE) on Hope Street and 14’ wide PUE on El Camino Real along project street frontage(s) for such use as sanitary sewer, water, storm drains, and other public utilities, including gas, electric, and telecommunication facilities, as required by the Public Works Director . Utility boxes and vaults are not allowed to encroach into the public sidewalk and must fit either entirely within the landscape strip or within the PUE. The property owner or homeowners association shall maintain the surface improvements over the easement and must not modify or obstruct the easement area in a manner contrary to the intent of the easement. The dedication statement shall specify the PUE shall be kept free and clear of buildings and other permanent structures/facilities, including, but not limited to, CDD/EM
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the following: garages, sheds, carports, and storage structures; balconies and porches; retaining walls; C.3 bioretention systems; and private utility lines running longitudinally within the PUE.
145. EASEMENT VACATIONS AND QUITCLAIMS: All existing easements listed below that are or will no longer be needed and/or conflict with the proposed buildings and structures shall be vacated or quitclaimed. All vacations shall be approved with the project at the City Council meeting. Easements in conflict with the proposed building shall be vacated prior to the issuance of the building permit.
Public easements (to be vacated):
• Fairmont Avenue Vacation (Nelson Manor Map).
• 5’ Street and Utility Easement (9808 O.R. 502).
PG&E easements (to be quitclaimed):
• 3’ PG&E Pole Line Easement (2193 O.R. 433).
• 7’ PG&E Pole Line Easement (382 O.R. 243).
FEES AND PARK LAND
146. MAP PLAN CHECK FEE: Prior to the issuance of any building permits OR p rior to approval of the final map, as applicable, the applicant shall pay the map plan check fee in accordance with Sections 28.7.b and 28.6.b of the City Code per the rates in effect at time of payment. The map plan check fee shall be paid at the time of the first map plan check submittal per the adopted fee in effect at time of payment.
147. PLAN CHECK AND INSPECTION FEE: Prior to the issuance of any building permits OR prior to approval of the final map, the applicant shall pay the plan check and inspection fee in accordance with Sections 27.60 and 28.36 of the City Code per the adopted rates in effect at time of payment.
An initial plan check fee based on the Public Works fee schedule shall be paid at the time of the first improvement plan submittal based on the initial cost estimate (Infrastructure Quantities) for constructing street improvements and other public faciliti es; public and private utilities and structures located within the public right -of-way; and utility, grading, and driveway improvements for common green and townhouse-type condominiums. Once the plans have been approved, the approved cost estimate will be used to determine the final bond amounts, plan check fees, and inspection fees. Any paid initial plan check fee will be deducted from the approved final plan check fee.
148. TRANSPORTATION IMPACT FEE: Prior to the final inspection that grants occupancy, the applicant shall pay the transportation impact fee for the development based on the Fiscal Year 2023-24 Master Fee Schedule. Residential category fees are based on the number of units. Retail, Servic e, Office, R&D, and Industrial category fees are based on the square footage of the development. Credit is given for the existing site use(s), as applicable.
149. WATER AND SEWER CAPACITY CHARGES: Prior to the final inspection that grants occupancy, the applicant shall pay the water and sewer capacity fees for the development based on the Fiscal Year 2023- 24 Master Fee Schedule. The water and sewer capacity charges for residential connections are based on the number and type of dwelling units. Separate capacity charges apply for different types of residential categories to reflect the estimated demand of each type of connection. The water and sewer capacity charges for nonresidential connections are based on the water meter size, building area, and building use, respectively. Credit is given for the existing site use(s) and meter size(s), as applicable.
150. PARK LAND DEDICATION FEE: Prior to the final inspection that grants occupancy As a condition of approval of the tentative map for this project, the applicant shall pay a Park Land Dedication In-Lieu Fee in the amount of Two Million Dollars $2,872,460 ($2,000,000), on the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. for the 125 net new residential units subject to the fee. This fee is based on a land value of $11,300,000 per acre, as established in Chapter 41 of the City Code, and represents the project’s proportional share of t he cost of providing three acres of park and CDD/EM
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recreational space per 1,000 residents. At the time of payment, this fee amount shall be reduced by the amount of any POPA credit approved for the project.
151. [INTENTIONALLY OMITTED]
STREET IMPROVEMENTS
152. UTILITY PAYMENT AGREEMENT: Prior to the issuance of any building permits and prior to the approval of the final map, the applicant shall sign a utility payment agreement and post a security deposit made payable to the City as security if each unit or building does not have separate sewer connections and water meters in accordance with Section 35.38 of the City Code. The utility payment agreement shall include provisions to have the security transferred from the applicant to the homeowners association (HOA), but still made payable to the City, when the HOA is formed for the subdivision.
153. 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, vacating Fairmont Avenue; installation of new sidewalk, curb, a nd gutter along project frontages, driveway, and Americans with Disabilities Act (ADA)- compliant curb ramps; new street trees, landscaping, and irrigation; water, sewer, and storm drainage services; new City streetlights and related appurtenances; minimum 2” half-street grind and overlay on Castro Street and full street reconstruction on Hope Street; and installation of signage and striping along all three project frontages.
Castro Street:
• Install a consistent 10’ pedestrian walkway with tree wells, which are similar to the tree wells at the 400 block of Castro Street, matching the current Castro Street streetscape.
• Replace existing diagonal parking with unmarked parallel parking spaces per City standard.
El Camino Real:
• Install a 12’ sidewalk with 5’ landscape with tree wells.
• Install new curb and gutter.
Hope Street:
• Full 32’ wide Hope Street reconstruction with 8’ sidewalk and 5’ landscape with trees.
• Install a raised island after the crosswalk at El Camino Real and Hope Street.
• Install a 80’ public loading zone on the west side of Hope Street.
• Red curb on Hope Street project frontage, except loading zone.
Hope Street and Fairmont Avenue Intersection:
• Install a raised crosswalk crossing Hope Street.
• Install directional curb ramp crossing Fairmont Avenue.
• Remove existing cross-culvert system and install stormwater drainage systems with catch basins.
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.
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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. The surety (bond company) must be listed as an acceptable surety on the most current Department of the Treasury’s Listing of Approved Sureties on Federal Bonds, Department Circular 570. This list of approved sureties is available at: www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm. The bond amount must be below the underwriting limitation amount listed on the Department of the Treasury’s Listing of Approved Sureties. The surety must be licensed to do business in California. Guidelines for security deposits are available at the Public Works Department.
c. Insurance: Prior to the issuance of any building permits OR approval of the final map, the property owner must provide a Certificate of Insurance and endorsements for Commercial General Liability and Automobile Liability naming the City as an additional insured from the entity that will sign the improvement agreement. The insurance coverage amounts are a minimum of Two Million Dollars ($2,000,000) Commercial General Liability, One Million Dollars ($1,000,000) Automobile Liability, One Million Dollars ($1 ,000,000) Contractors’ Pollution Liability, and One Million Dollars ($1,000,000) Workers’ Compensation. The insurance requirements are available from the Public Works Department.
154. INFRASTRUCTURE QUANTITIES: For projects with off -site improvement plans, 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 common street and utility improvements for Common Green and Townh ouse- 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 civ il engineer preparing the improvement plans.
155. EXCAVATION PERMIT: For projects with any work within the public right -of-way, upon first submittal of the building permit and improvement plans, submit a complete Excavation Permit Application for all applicable work within the public right-of-way to the Public Works Depart ment. Permit applications are available online from the Development 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 a re required with the Excavation Permit Application.
156. OFF-SITE IMPROVEMENT PLANS: Prepare off-site public improvement plans in accordance with Chapter 28 of the City Code, the City’s Standard Design Criteria, Submittal Checklist, Plan Review Checklist, and the conditions of approval of the projec t.
The plans are to be drawn on 24”x36” sheets at a minimum scale of 1” = 20’. The plans shall be stamped by a California - registered civil engineer and shall show all public improvements and other applicable work within the public right-of-way.
Traffic control plans for each phase of construction shall be prepared in accordance with the latest edition of the Californi a Manual of Uniform Traffic Control Devices (CA MUTCD) for work that impacts traffic on existing streets. Construction management plans of on-site parking for construction equipment and construction workers and on-site material storage areas must be submitted for review and approval and shall be incorporated into the off- site improvement plans identified “For Reference Only.”
Off-site improvement plans, an initial plan check fee and map plan check fee based on the Public Works fee schedule, Improvement Plan Checklist, and items noted within the checklist must be submitted together as a separate package concurrent with the first submittal of the building plans and final map. All required materials shall be submitted electronic ally (i.e., flattened, reduced-size PDFs).
The off-site plans must be approved and signed by the Public Works Department. After the plans have been signed by the Public Works Department, two full -size and two half -size black-line sets, one PDF of the signed/stamped plan set, and a USB flash CDD/EM
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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.
157. TRAFFIC CONTROL PLANS: For projects with any work within the public right-of-way, upon first submittal of the building permit and improvement plans, the applicant shall submit traffic control plans for any off-site and on-site improvements or any work that requires temporary la ne 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 sho wn on the Traffic Control plans. Traffic control plans shall show and identify, at a minimum, work areas, delineators, signs, and other traffic-control measures required for work that impacts traffic on existing streets and shall be prepared in accordance with the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) and the latest City standards. A completed Traffic Control Checklist shall be included with each traffic control plan submittal.
158. 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 Pl ans.” Applicant shall continue working with the Public Works Department for a fully developed and approved Construction Manager Plan. The plan must be approved prior to the issuance of a building permit, including demolition permits. The plan must show the following:
1. Truck Route : Truck route (to and from project site) for construction and delivery trucks pursuant to City Code Sections 19.58 and 19.59 and which does not include neighborhood residential streets;
2. Construction Phasing, Equipment, Storage, and Parking: Show and identify construction vehicle and equipment parking area, material storage and lay -down area, sanitation facilities, and construction trailer location for each phase of construction.
• All construction vehicles, equipment, and 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 material s 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 o f 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 closures and pedestrian detours are permitted along Castro Street and Hope Street during on -site construction activities.
• Other sidewalks and pedestrian paths shall remain fully open and accessible with no narrowing.
• Temporary Rectangular Rapid Flashing Beacons (RRFB) shall be installed at the Castro Street and High School Way crosswalk for the construction duration. Coordinate with the City with the opportunity to install permanent RRFB.
• All pedestrian detours are required to be ADA-compliant.
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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.
5. Construction Entrance and Exit : The project shall use Castro Street as a construction entrance and Hope Street as a construction exit. If the project proposes any exemptions, the applicant shall submit the request to the Public Works Department and be subject to the Public Works Director’s approval.
6. Construction Fencing: Construction fencing shall be compliant with driveway and corner triangles of safety per the Public Works Standard Details and to the satisfaction of the Public Works Director.
159. COORDINATION WITH ADJACENT PROPERTIES: The project will affect the circulation of an existing parking lot connecting Yosemite Avenue and Fairmont Avenue. Coordinate with the adjacent property owner, north of the project site on Castro Street (805 Castro Street), on the surface parking area to the rear of the building on the removal of the Fairmont Avenue access.
160. 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.
161. 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 temporary tie-backs. The Encroachment Agreement shall be prepared, executed, and fees paid prior to the issuance of the building permit.
162. SPECIAL PAVERS AND CONCRETE: Pavers, colored concrete, and textured concrete shall not be installed within the public street or sidewalk.
163. SPECIAL PAVERS AND CONCRETE REPLACEMENT: The homeowners association shall be responsible for replacing the proposed pavers or textured concrete that is removed by the City to repair, replace, or maintain the City’s underground utilities with in the common driveway. This requirement shall be stated in the Covenants, Conditions, and Restrictions (CC&Rs). A copy of the CC&Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department.
164. CORNER STREET SIGHT TRIANGLE: At street corners of controlled and/or uncontrolled intersections, the site shall be compliant with Corner Triangles of Safety per the Public Works Standard Details and to the satisfaction of the Public Works Director. The project will be required to remove or modify all objects, including, but not limited to landscape, hardscape, monument signs, poles, posts, mailbox banks/cluster, planters, retaining walls, seat walls, artwork, bicycle racks, parking stalls, etc., that are not compliant with safety triangle height and clearance requirements. Benches, tables and chairs shall not be installed in this safety area.
165. DRIVEWAY SIGHT TRIANGLE: Within the pedestrian and/or vehicle traffic safety sight triangle(s), for the project site and adjacent properties, the site shall be compliant with height and clearance requirements per the Public Works Standard Details and to the satisfaction of the Public Works Director. The project is required to remove or modify all objects, including, but not limited to, landscape, hardscape, poles, bollards, miscellaneous structures (including columns), signs, mailboxes, planters, retaining walls, seat walls, bicycle racks, partitions, buildings, and other structures, parking stalls, etc., that are not compliant with safety triangle height and clearance requirements.
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166. PHOTOMETRIC ANALYSIS : Submit a photometric analysis for crosswalks at the intersection of Hope Street and Fairmont Avenue. The analysis shall show all existing and/or proposed streetlights (show and identify pole height, arm length, and location). The analysis shall calculate the minimum, maximum, average illuminance values, and uniformity ratios for each crosswalk, shown separately. The project shall be required to install new streetlights or modify existing streetlights, as determined by the City Traffic Engineer, to ensure locations are compliant with minimum lighting requirements per the latest City Downtown Lighting Plans and Standard Details. (City Standard Detail E-1A/E-1B.)
167. NEW STREETLIGHTS AT MIDBLOCK CROSSINGS: New decorative post -top streetlights shall be installed at the midblock crossings, one on each side of the street, as necessary and as determined by a photometric analysis. The design, spacing, and placement of the new streetlights shall be to the satisfaction of the City Traffic Engineer.
168. STREET OVERLAY AND/OR PAVEMENT RECONSTRUCTION: Half-street overlay (minimum 2” grind and overlay) and/or pavement reconstruction along on Castro Street and full-street reconstruction on Hope Street 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. The specific areas of work shall be clearly identified and shown on the plans.
169. ROADWAY SIGNING, STRIPING, AND PAVEMENT MARKINGS: Signing and striping plans shall be prepared in accordance with the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD). All new striping and pavement markings shall be thermoplastic. All striping and markings damaged and /or removed as part of construction and pavement work shall be replaced with thermoplastic striping. The specific areas of work shall be clearly identified and shown on the plans to the satisfaction of the City Traffic Engineer.
170. TRAFFIC-CALMING DEVICES: Raised crosswalk, including signage, on the northeast of the intersection of Hope Street and Fairmont Avenue shall be installed. The specific areas of work shall be clearly identified and shown on the plans. The design and placement of the traffic-calming device(s) shall be to the satisfaction of the City Traffic Engineer.
171. HIGH-VISIBILITY CROSSWALK: Install high-visibility thermoplastic ladder crosswalks with updated warning signs and pavement markings for new crosswalks at the Fairmont Avenue and Hope Street intersection. Conflicting markings and/or signage shall be removed or relocated, as determined by the City Traffic Engineer during the off-site improvement plan review process. The specific areas of work shall be clearly identified and shown on the plans to the satisfaction of the City Traffic Engineer.
172. RED CURB AT CROSSWALKS: Street curbs adjacent to a public crosswalk shall be painted red a minimum of 20’ on the approach sides and a minimum of 10’ in each of the other directions, as determined and approved by the City Traffic Engineer. The specific areas of work shall be clearly identified and shown on the plans.
173. RED CURB AT DRIVEWAY ENTRANCES: Street curbs adjacent to driveway entrances, including entrances to underground parking garages, shall be painted red a minimum of 10’ in each direction, as determined and approved by the City Traffic Engineer. The specific areas of work shall be clearly identified and shown on the plans.
174. RED CURB ALONG HOPE STREET: Street curbs along the Hope Street project frontage, except the loading zone, shall be painted red, as determined and approved by the City Traffic Engineer. The specific areas of work shall be clearly identified and shown on the plans.
175. STOP-CONTROLLED SITE EGRESS: All egress points to public streets or public easements shall be stop -controlled to address conflict points with pedestrians, bicyclists, and vehicles as they enter a public roadway. Stop- controlled egress shall include STOP signs, a limit line, and “STOP” pavement marking(s). The specific areas of work shall be clearly identified and shown on the plans.
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CURBS, SIDEWALKS, AND DRIVEWAYS
176. 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.
177. CASTRO SIDEWALK: The streetscape on Castro Street shall be designed to meet the following requirements, which overwrite the project plans:
• Portion of curb alignment on the northeast Castro Street project frontage will be offset by 4’ to accommodate a 12’ wide trash truck loading. Two existing trees will be impacted and removed.
• Install a 9’ curb cut with decorative gate for trash collection only.
• Install one physical barrier on the opposite side of Castro Street at High School Way.
178. SIDEWALK REPLACEMENT: Any sidewalk damage on Castro Street and Gateway Plaza by the project shall be replaced following the requirements below:
• Castro Street and Gateway Plaza Special Paving : The green color and Bominite stamp pattern for the pedestrian sidewalk and PCC parking zone on Castro Street are proprietary to Bay Area Concrete, Inc., located at 5637 La Ribera Street, Suite B, Livermore, California, 94550 (telephone: 925- 245-8900). The permittee/contractor is responsible for arranging for Bay Area Concrete to replace the sidewalk and parking pavement. All sidewalk and parking zone pavement shall be sawcut along the score lines. No. 4 steel dowels shall be drilled and epoxied into the existing concrete at 12” on center. All new sidewalks, parking pavement, expansion joints, and other related improvements shall match the existing and be installed in accordance with Castro Street Improvement Plans, Project 87-14 (Index No. 6859).
• Castro Street Edge Band : The brown color for the concrete side bands on Castro Street shall match the existing LM Scofield C-25 Sombrero Buff. All expansion joints and other related improvements shall match the existing and be installed in accordance with Castro Street Improvement Plans, Project 87-14 (Index No. 6859).
179. UTILITY BOX RELOCATION OUT OF SIDEWALK: Move existing utility boxes on Castro Street, El Camino Real, and Hope Street 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 be located so the y fit entirely within the utility easement, landscape strip, or behind the curb and shall not encroach into the sidewalk. The specific areas and limits of work shall be clearly identified and shown on the plans.
STREET TREES
180. STREET TREES: Install standard City street trees along the street frontage, including where there are gaps in the space of existing street trees. Structural soil per City requirements shall be installed at tree wells on El Camino Real.
All street trees removed must be replaced. The replacement tree must be approved by the Public Works Department and must be at minimum a 15-gallon tree. New street trees shall be planted in accordance with Detail F -1 of the Public Works Standard Provisions a minimum of 10’ from sanitary sewer lines, traffic signals, stop and yield signs, and streetlights and 5’ from water lines, fire lines, and driveways. Street trees are to be irrigated by the property owner in accordance with Chapter 32 of the City Code.
181. 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 minimu m of 10’ from sanitary sewer lines, traffic signals, stop and yield signs, and streetlights and 5’ from water lines, fire lines, and driveways. New street tree species must be selected from the City’s adopted Master Tree list or be an approved alternate by the City arborist. The applicant shall complete the “Proposed Street Tree” form available from CDD/EM
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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.
182. STREET TREE IRRIGATION: Street trees are to be irrigated by the property owner(s) in accordance with Chapter 32 of the City Code.
UTILITIES
183. POTHOLING: Potholing shall be completed prior to the first submittal of the building plans and improvement plans. Utilities shall be potholed to determine the depths and locations of existing subsurface utilities where improvements are proposed for construction, including, but not limited to, new utility crossings and installation of signal and streetlight pole foundation s.
Proposed pothole locations for signal pole foundations shall be approved by the City Traffic Engineer prior to potholing. Existing pavement sections shall also be recorded for all potholes. Obtain an Excavation Permit from the Public Works Department prior to performing potholing. Incorporate pothole data on the first submittal of improvement plans, including, but not limited to, pothole location, depth of utility, and pavement sections.
184. 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.
185. 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.
186. 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.
Existing water services shall be shown to be disconnected and abandoned at the main in accordance with City standards, unless they are satisfactory for reuse, as determined by the Public Services Division. Water services 4” or larger that are not reus ed shall be abandoned at the main by removing the gate valve and installing a blind flange and thrust block at the tee. Existing sanitary sewer laterals and storm connections that are not reused shall be abandoned, and existing face-of-curb drains that are not reused shall be removed.
187. BACKFLOW PREVENTER: Aboveground reduced-pressure backflow preventers are required for all new and existing City potable water and recycled water services. Backflow preventers shall be located directly behind the water meter or as reasonably close as possible at a location pr eapproved by the Public Services Division. Backflow prevention assemblies shall be conveniently located as close to the meter as feasible outside of buildings and are not allowed within buildings’ utility closets or basements.
A minimum 3’ clearance shall be provided around each assembly for accessibility and maintenance. A minimum 1’ clearance shall be provided between the assembly and building face, as applicable. Protective covers and/or enclosures must be preapproved by the Cross-Connection Control Specialist prior to installation.
188. WATER AND SEWER APPLICATIONS: Upon first submittal of the building permit and improvement plans, the applicant shall submit complete applications for water and sewer service to the Public Works Department if new water services, water meters, fire services, or sewer laterals are required. Any unpaid water and sanitary sewer fees must also be paid prior to the issuance of any permits.
189. 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.
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190. 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.
191. UNDERGROUNDING OF OVERHEAD SERVICES: All new and existing electric and telecommunication facilities serving the site are to be placed underground, including transformers. The undergrounding of the new and existing overhead electric and telecommunication lines is to be completed prior to the issuance of a Certificate of Occupancy for any new buildings within the site. If allowed by the City, aboveground transformers, power meters, and pedestals shall be located so they are screened in the least visible locat ion from the street or to the general public, as approved by the Community Development and Public Works Departments.
192. UNDERGROUNDING OF OVERHEAD LINES: Underground existing overhead electric and telecommunication facilities fronting and through the project site. 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. Coordinate with adjacent property owners regarding any new facilities, such as guy wires, that need to be installed due to undergrounding.
193. 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 lim ited to, vaults, manholes, cabinets, pedestals, etc. Appropriate horizontal and vertical clearances in accordance with PG&E requirements shall be provided between gas transmission lines, gas service lines, overhead utility lines, street trees, streetlights, and building structures. These plans shall be combined with and made part of the improvement plans.
Joint trench intent drawings will be accepted at first improvement plan submittal. All subsequent improvement plan submittals shall include joint trench design plans. Dedicate utility easements that are necessary for the common utility on the final map.
GRADING AND DRAINAGE IMPROVEMENTS (ON-SITE)
194. STORMWATER MANAGEMENT: Stormwater Treatment Control Measures in the public right -of-way shall be in general conformance with the design shown in the approved planning application and shall be included in the 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 shall minimize the number and size of treatment measures within the public right -of-way to the satisfaction of the Public Works Director. Stormwater treatment control measures required under this condition shall be required to enter into a formal, recorded Maintenance Agreement with the City.
195. DRAINAGE PLANS: On-site drainage plans shall be included in the building plans.
196. 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.
197. 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.
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 sew er surcharges or blockages that may result in on- site damage prior to approval of the building permit or final map.
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SOLID WASTE AND RECYCLING
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 debris. 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 ORDINANCE: If this project is subject to the requirements of the Mountain View Green Building Code, a Construction and Demolition Waste Management Plan shall be submitted with the building permit application and approved by the Public Works Solid Waste and Recycling Division prior to the issuance of a building permit. A Final Construction and Demolition Waste Management Plan shall be submitted and approved prior to final inspection.
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 trash plan sheet and enclosure details on a separate sheet in the initial building plans. The property must have trash, recycling, and organics/composting service. On the plans, display the trash room layout, location, and dimensions to scale with the minimum service levels indicated below.
Commercial North (~8,636 square feet total—6,500 square foot food and beverage and 2,136 square foot retail):
• Service levels: Four 3 -yard trash bin, serviced twice weekly; six 3 -yard mixed recycling bin, serviced twice weekly; and three 2-yard compost bin, serviced twice weekly.
• All bins shall be moved from the upper portion of the commercial trash collection area to the staging area near the 8’ roll-up door for access by Recology. The bins must be placed to provide easy access to each commodity.
• Recology will roll out the bins from the staging area to Castro Street for service, and a ramp shall be designed to easily move the bins onto the street from the sidewalk. The path of travel from the roll-up door to the ramp to roll out the bins must be smooth and flat.
• Provide 50’ of yellow curb with signage to limit parking during the scheduled bin collection service times.
Residential North (47 Units), Trash Room 1:
• Service levels: Three 3-yard trash bins, two 3-yard paper recycling bins, one 2-yard container recycling bin, and three 64- gallon compost bins. All collection containers are serviced once weekly.
• The residential trash collection area must be separated from the commercial trash collection area by a chain-link fence.
• For container recycling, the room must have a blue brute barrel or blue customer -owned cart under the container recycling chute when the one 2-yard bin is being staged for service.
Residential South (72 Units), Trash Room 2 and Level 1 Vestibule:
• Service levels: Four 3-yard trash bins, three 3-yard paper recycling bins, two 2-yard container recycling bins, and four 64- gallon compost bins. All collection containers are serviced once weekly.
• The Level 1 resident vestibule room shall have collection containers purchased by the customer in the following colors:
55-gallon trash (grey), 55-gallon paper (dark blue), containers slim (light blue), and compost slim (green). The Solid Waste Section will not provide occupancy approval for the project during final building inspection until staff is able verify the correct equipment sizes, colors, and quantities are in place.
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Residential North and Residential South Resident Upper Vestibules:
• The upper -floor vestibules require a three- chute system consisting of one trash chute and two recycling chutes (containers and paper collected in different chutes) and a compost slim jim. Property maintenance must empty the slim jims weekly into the compost collection bin in the ground-floor trash room.
Residential North and South, Cart and Bin Staging:
• Bins from the north residential trash collection area (Trash 1) must be transported by property maintenance staff to the south residential trash collection area (Trash 2) for staging each week.
• Property maintenance must stage the appropriate bins weekly (including bins from Trash 1) near the roll -up door for service.
• Bins from Trash 2 shall be rolled out by Recology to Hope Street for service. The path of travel to roll out the trash bins to the staging area for servicing must be flat and smooth. Bins will not be rolled over pavers or stamped surfaces.
• Provide 40’ of red curb extending from the driveway to the north for the collection vehicle and bin/cart servicing on Hope Street. Demonstrate that the collection vehicle shall not encroach on the crosswalk.
• All compost carts from both residential trash rooms must be set out by property maintenance on Hope Street for weekly service. The carts must be set out as shown on the site plans, before the driveway, and not conflicting with the crosswalk.
Other Design Elements:
• All trash rooms and chute vestibules must have signage with sorting instructions according to the City’s programs, and all signage shall be approved by the Solid Waste Program prior to installation.
• Each resident upper-floor chute vestibule requires sufficient space for compost receptacles (e.g., slim jims) or carts for resident use and should be noted on the plans.
• In trash rooms, install light switches above the height of a 3-yard bin (5’2”) so it is accessible.
• Trash room doors require minimum of 6’ width, and roll-up doors shall have keypad access.
• Maintain 1’ between bins, interior curbs, and walls in trash rooms. If there is no interior berm or curb, there shall be bumpers on the walls to avoid damage from bins hitting it.
• Trash rooms are for collection containers only and not for other storage and shall be labeled “Trash Room.”
• Property management shall provide 60 days’ notice, prior to occupancy, to the City’s waste hauler to set up collection services and allow time to procure all equipment. For customer- owned collection containers, proof of purchase along with an installation date must be provided during building plan review. All equipment must be in place prior to granting a Certificate of Occupancy (temporary or final).
• Pavers are not allowed in the path of vehicle travel. Concrete, stamped concrete, and asphalt are acceptable to use in the travelways.
• 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.
• Overhead clearance for travelways must be no less than 15’ from finished grade to structural appurtenances (e.g., cameras, sprinklers, electrical). Overhead clearance in collection area must be no less than 22’.
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CONSTRUCTION ACTIVITIES, NOTES, AND OTHER APPROVALS
204. CALTRANS PERMIT: The applicant shall be responsible for applying for, and obtaining approval of, a Caltrans Encroachment Permit for all work within Caltrans’ jurisdiction. Work within the state right- of-way must be in accordance with Caltrans requirements.
205. 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 po ssible 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.”
206. 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 are 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.”
207. 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 unle ss the improvements to be constructed to City 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.
208. OCCUPANCY RELEASE (COMMERCIAL): The owner/developer shall comply with and include the following note on the off -site or grading/drainage or utility plans: “For commercial and office developments, no buildings will be released for occupancy until the off-site improvements to be constructed to City Public Works standards and/or accepted for maintenance by the City are complete and ready for acceptance.”
Fire and Environmental Protection Division—650-903-6378 or [email protected]
ENVIRONMENTAL SAFETY
For more information, guidelines, design criteria, or materials about urban runoff conditions, contact the Fire and Environmental Protection Division of the Fire Department at 650-903-6378 or online at www.mountainview.gov/fep. “Stormwater Quality Guidelines for Development Projects” can be accessed on the Fire Department website at www.mountainview.gov/fepforms.
209. STORM DRAIN/SANITARY SEWER PLAN CHECK SHEET: Complete a “Storm Drain/Sanitary Sewer Discharges” check sheet. All applicable items in the check sheet should be completed and shown on the building plan submittal.
210. 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.
211. CONSTRUCTION BEST MANAGEMENT PRACTICES: All construction projects shall be conducted in a manner which prevents the release of hazardous materials, hazardous waste, polluted water, and sediments to the storm drain system. Refer to the Santa Clara Valley Urban Runoff Pollution Prevention Program’s (SCVURPPP) Construction Best Management Practices (BMPs) sheet found at: https://scvurppp.org/pdfs/1415/SCVURPPP_Countywide_Program_BMP_Plan_Sheet_041615.pdf.
212. 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 CDD/EM
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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.
213. ENGINEERED DRAWINGS: Treatment systems and/or porous pavement, pavers, and other uncompacted surfaces require engineered drawings.
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 requirem ents; 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 cause excessive spray interference of an overhead syste m; and (e) use of flow reducers to mitigate broken heads next to sidewalks, streets, and driveways. Identify which practices will be used in the building plan submittal.
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. 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.
219. PARKING GARAGES: For multiple -level parking garages, interior levels shall be connected to an approved wastewater treatment system discharging to the sanitary sewer. Exterior drains exposed to stormwater (including trench drains at the lower ends of entrance/exit ramps and the top story of uncovered parking garages) shall be plumbed to the on-site stormwater treatment system (for C.3 regulated projects) or to the storm collection system.
220. 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, “Stormwate r 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 that are exempt from this requirement; and the Infeasibility and Special Projects exemptions from the LID requirement.
The “Stormwater Quality Guidelines for Development Projects” document requires applicants to submit a Stormwater Management Plan, including information such as the type, location, and sizing calculations of the treatment controls that wil l be installed. Include three stamped and signed copies o f 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.
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221. 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 list 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.
222. 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 s ystem. 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 d evice 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. Indic ate the type of full trash capture device that will be installed to remove trash from runoff for the entire project site and incl ude details for the installation of the trash capture system(s) in the building plans for the project.
223. 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 ca pture 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.
224. BUILDING DEMOLITION PCB CONTROL: Non-wood frame buildings constructed before 1981 that will be completely demolished are required to conduct representative sampling of priority building materials that may contain polychlorinated biphenyls (PCBs). If sample results of one or more priority building materials show PCBs concentrations ≥50 ppm, the applicant is required to follow applicable federal and state notification and abatement requirements prior to demolition of the building.
Submit a completed “Polychlorinated Biphenyls (PCBs) Screening Assessment Applicant Package” with the building demolition plans for the project. A demolition permit will not be issued until the completed “PCBs Screening Assessment Applicant Package” is submitted and approved by the City Fire and Environmental Protection Division (FEPD). Applicants are required to comply with a pplicable federal and state regulations regarding notification and abatement of PCBs -containing materials.
Contact the City’s FEPD at 650 -903-6378 to obtain a copy of the “PCBs Screening Assessment Applicant Package” and related guidance and information.
225. 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.
NOTE: As required by California Government Code Section 66020, the applicant is hereby notified that the 90- day period has begun as of the date of approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of this approval or as a condition of approval. The fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or the adopted City fee schedule.