Revised Conditions of Approval for SDP 2019-7923 — Sunnyvale City Council, February 14, 2023

City of Sunnyvale Page 1 Printed on 9/27/2021
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City of Sunnyvale
FROM: Aastha Vashist, Project Planner
TO: Project File SDP 2019-7923
RE: Revised Condition of Approval GC-18

FINAL CONDITIONS OF APPROVAL
The following Condition of Approval has been modified based on input from the project applicant. The complete revised conditions of approval have been attached for your reference with Track Changes on. For reference, the following condition was modified:
• GC-18. BOOKER AVENUE is revised.

Prior to submission of a building permit, the The conversion of Booker Avenue from a two-way to a one-way street is required prior to issuance of building permit. This will require the preparation of a resolution or ordinance by the Department of Public Works, subject to review and approval by the City Council. Planning staff will reach out to the adjacent property owners to get their agreement on the proposed conversion. [COA] [PUBLIC WORKS/PLANNING]

ATTACHMENTS

1. Revised Final Conditions of Approval approved on September 27, 2021 Approved by:

Shaunn Mendrin
Planning Officer
Community Development Department
Date:

Memo
Attachment 2

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ATTACHMENT 1
2019-7923
300 S. Mathilda

FINAL

CONDITIONS OF APPROVAL AND

STANDARD DEVELOPMENT REQUIREMENTS
APPROVED BY THE PLANNING COMMISSION ON SEPTEMBER 27, 2021

Planning Application 2019-7923
300 S. Mathilda Avenue
SPECIAL DEVELOPMENT PERMIT to allow a six-story office building with 153,000 square feet and ground floor retail space with 12,735 square feet, 88,915 square feet of parking and 1,019 square feet of shared services, and one level of below grade parking.

The following Conditions of Approval [COA] and Standard Development Requirements [SDR] apply to the project referenced above. The COAs are specific conditions applicable to the proposed project. The SDRs are items which are codified or adopted by resolution and have been included for ease of reference, they may not be appealed or changed. The COAs and SDRs are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timing of required compliance. A pplicable mitigation measures are noted with “Mitigation Measure” and placed in the applicable phase of the project.

In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Pe rmittee expressly accepts and agrees to comply with the following Conditions of Approval and Standard Development Requirements of this Permit:

GC: THE FOLLOWING GENERAL CONDITIONS AND STANDARD DEVELOPMENT REQUIREMENTS SHALL APPLY TO THE APPROVED PROJECT.

GC-1. CONFORMANCE WITH APPROVED PLANNING APPLICATION:

All building permit drawings and subsequent construction and operation shall substantially conform with the approved planning applic ation, including: drawings/plans, materials samples, building colors, and other items submitted as part of the approved application. Any proposed amendments to the approved plans or Conditions of Approval are subject to review and approval by the City. The Director of Community Development shall determine whether revisions are considered major or minor. Minor changes are subject to review and approval by the Director of Community Development. Major changes are subject to review at a public hearing. [COA] [PLANNING]

GC-2. APPLICABILITY OF PREVIOUS PLANNING APPLICATIONS:

Attachment 2

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This Special Development Permit supersedes prior SDP conditions of approval as it relates to the project site and allows the following for project site, unless further defined in the adopted Development Agreement:
a. A maximum of 153,000 square feet of office space.
b. A maximum of 12,735 square feet of commercial space (includes maker’s space).
c. Maximum height of 90 feet (six stories) to top of parapet and additional height of 13 feet for mechanical penthouse and associated screening as shown on the approved plans.
d. Uses shall comply with the provisions allowed pursuant to Sunnyvale Municipal Code Section 19.28.

GC-3. ENTITLEMENTS—EXERCISE AND EXPIRATION:

The approved entitlements shall comply with the provisions contained in the approved Development Agreement. [SDR] (PLANNING)

GC-4. INDEMNITY:
a. Landowner shall defend, indemnify, and hold harmless the Indemnified Party from any Third Party Challenge against the Indemnified Party (City and its elected and appointed representatives, officers, agents, and employees (the "Indemnified Party") to attack, set aside, void, or annul this Agreement or the Development Approvals and shall indemnify and hold harmless Indemnified Party against any and all third -party attorneys’ fees, court costs and other liabilities determined by a court to be arising out of such Third Party Challenge.
b. The City shall promptly notify Landowner of the Third Party Challenge and shall cooperate fully in the defense of the Third Party Challenge, including but not limited to decisions about selection of counsel, settlement, preparation of the administrative record (if any) and litigation strategies. The Cit y shall be considered to have failed to give prompt written notification of a Third Party Challenge if the City, after being served with a lawsuit or other legal process unreasonably delays in providing written notice thereof to the Landowner. As used her ein, “unreasonably delay” shall mean any delay that, in the reasonable opinion of Landowner, materially adversely impacts the Landowner’s ability to defend against the Third Party Challenge. If Landowner defends any Third Party Challenge, so long as Lando wner is not in default hereunder, City shall not allow any default or judgment to be taken against it or compromise the defense of the action without Landowner’s prior written approval. The Parties shall act jointly in filing motions, briefs, trial statem ent, and other appropriate court documents and in approving settlement of such Third Party Challenge. Nothing herein shall obligate or allow a Party to settle such Third Party Challenge on terms that would constitute an amendment or modification to this A greement, the Existing City Laws, the Specific Plan, or that would materially impact the beneficial uses of that Party’s property.

Attachment 2

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C. Under no circumstances shall subsections (a) – (b) above require Landowner to pay or perform any settlement arising out of a Third Party Challenge unless the settlement is expressly approved by Landowner. [COA] [OFFICE OF THE CITY ATTORNEY]

GC-5. NOTICE OF FEES PROTEST:

As required by California Government Code Section 66020, the project applicant is hereby notified that the 90-day period has begun as of the date of the approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the city as part of the approval or as a condition of approval of this development. T he fees, dedications, reservations, or other exactions are described in the approved plans, conditions of approval, and/or adopted city impact fee schedule. [SDR] [PLANNING / OCA]

GC-6. TRANSPORTATION MANAGEMENT ASSOCIATION:

The applicant shall comply with:
(2) Mitigation Measure AQ-2.4; and
(3) The requirement to implement a Dynamic Parking System set forth in Section 5.1.3 of the CityLine Development Agreement. In addition, if the City forms a Downtown Sunnyvale Transportation Management Association (TMA) as contemplated by the Downtown Specific Plan and the “City of Sunnyvale Parking Capacity and Management Study” dated June 2, 2020, the applicant shall share publicly available data with the future TMA and provide mechanisms for coordinating each of the previously noted TDM and parking programs with the future TMA. [COA] [PUBLIC WORKS/PLANNING]

GC-7. PARKING MANAGEMENT STUDY:

Project shall comply with the Parking Memo prepared by Walker and Associates, dated March 23, 2021. Modifications to these documents may need to be adjusted over time and may be evaluated through a Miscellaneous Plan Permit (MPP) or equivalent staff level review, subject to review and approval by the Director of Community Development in accordance with the CityLine Development Agreement. [COA] [PLANNING]

GC-8. EXHAUST AND OPENINGS FOR GROUND FLOOR USES:

All exhaust fans for the ground floor food service uses shall be vented vertically through the building to the roof at the applicable level. Exhaust fans from the ground floor uses shall minimize the exposure of dust or odors to adjacent residential units. [COA] [PLANNING]

GC-9. GROUND FLOOR USES-GLAZING AND VISIBILITY:

All glazing into the ground floor uses shall maintain clear visibility into the uses. Any dropped ceilings shall be recessed 3-4 feet from the front façade to maintain visibility into the use and to keep any transom windows open Attachment 2

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and clear. Changes from this requirement are subject to review and approval by the Director of Community Development. [COA] [PLANNING]

GC-10. ALCOHOL BEVERAGE CONTROL (ABC):

Tenants shall obtain all appropriate permits and/or licenses from the Department of Alcoholic Beverage Control pri or to commencement of uses involving alcohol sales or service as allowed under this SDP. [COA] [PLANNING]

GC-11. ALCOHOL BEVERAGE SALE AND SERVICE AND ABC COMPLIANCE:

Non-compliance with a specific permit for alcohol beverage sales or service (Special Developmen t Permit pursuant to SMC Section 19.28.070) or the requirements of the Department of Alcoholic Beverage Control at any time may trigger either: a) reconsideration (discretionary review of new application) of the specific permit and/or the imposition of add itional conditions of approval, or b) the initiation of the revocation process for the specific permit by the Director of Community Development .[COA] [PLANNING]

GC-12. PILE DRIVING:

Pile driving is generally prohibited due to proximity to residential uses. The applicant shall consider the use of other methods for foundation work. If other options are not feasible, then the applicant may submit the appropriate information for review by the Chief Building Official for review and consideration. If it is determined that pile driving is the only option, then the Community Development Director shall determine the appropriate review and notification process. [SDR] [PLANNING]

GC-13. STORMWATER MANAGEMENT PLAN:

Project is subject to Provision C3, of the Municipal Regional Stormwater Permit Order No. R2-2009-0074, as determined by a completed “Stormwater Management Plan Data Form”, and therefore must submit a Stormwater Management Plan as per SMC 12.60.140 prior to issuance of the building permit. [SDR] [PLANNING]

GC-14 ENVIRONMENTAL MITIGATION MEASURES:

The project shall comply with all applicable mitigation measures required in the Downtown Specific Plan Amendments and Specific Development Project Mitigation Monitoring and Reporting Program (MMRP) which has been included and attached to the Conditions of Approval as Attachment 1. The applicant shall be responsible for addressing all applicable required mitigations for each phase of the project. [COA] [PUBLIC WORKS/PLANNING] MITIGATION MEASURE

GC-15 PUBLIC IMPROVEMENTS:

The developer is required to install, per Sunnyvale Municipal Code Sections Attachment 2

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18.08, all public improvements, which may include but not be limited to, curb & gutter, sidewalks, driveway approaches, curb ramps, street pavements, utility extensions and connections, meters/vaults, trees and landscaping, traffic signal/signage, striping, street lights, etc. as shown in the off-site improvement plans.

All public improvements shall be designed and constructed in accordance with current City design standards, standard details and specifications, Downtown Specific Plan and Americans with Disabilities Act (ADA) requirements where applicable, unless otherwise approved by the Department of Public Works.

The developer is required to complete the installation of all public improvements and other improvements deemed necessary by the Public Works Department, prior to occupancy of the first building, or to the satisfaction of the Department of Public Works. [COA] [PUBLIC WORKS]

GC-16. OFF-SITE IMPROVEMENT PLANS:

Submit off -site improvement plans separate from the Building on -site improvement plans as the off-site improvement plans are approved through a Public Works Encroachment Permit process. Sheets C1 -C10 of Submittal 6 dated 6/23/21 are subject to change during the plan check process. [SDR] [PUBLIC WORKS]

GC-17. ENCROACHMENT PERMIT:

Prior to any work in the public right-of-way, obtain an encroachment permit with insurance requirements for all public improvements including a traffic control plan per the latest California Manual on Uniform Traffic Control Devices (MUTCD) standards to be reviewed and approved by the Department of Public Works. [COA] [PUBLIC WORKS]

GC-18. BOOKER AVENUE
Prior to submission of a building permit, the The conversion of Booker Avenue from a two-way to a one-way street is required prior to issuance of building permit. This will require the preparation of a resolution or ordinance by the Department of Public Works, subject to review and approval by the City Council. Planning staff will reach out to the adjacent property owners to get their agreement on the proposed conversion. [COA] [PUBLIC WORKS/PLANNING]

PS: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO SUBMITTAL OF BUILDING PERMIT, AND/OR GRADING PERMIT.

Attachment 2

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PS-1. REQUIRED REVISIONS TO PROJECT PLANS:

The plans shall be revised to address comments from the Planning Commission including the following:
a) Deviation from the DSP streetscape standards are allowed for the street frontage adjacent to the proposed Art Wall on South Mathilda Avenue including a park strip and modified spacing between the street trees. The rest of the street frontage improvements will be per the DSP streetscape standards. [COA] [PLANNING]

PS-2. EXTERIOR MATERIALS REVIEW:

Final exterior building materials and color scheme are subject to review and approval by the Director of Community Development prior to submittal of a building permit. [COA] [PLANNING]

BP: THE FOLLOWING CONDITIONS SHALL BE ADDRESSED ON THE

CONSTRUCTION P LANS SUBMITTED FOR FOUNDATION BUILDING

PERMIT, GRADING PERMIT, AND/OR ENCROACHMENT PERMIT AND
SHALL BE MET PRIOR TO THE ISSUANCE OF SAID PERMIT(S). THESE

CONDITIONS SHALL ALSO BE COMPLIED WITH DURING CONSTRUCTION

APPROVED UNDER ANY SUBSEQUENT SUPERSTRUCTU RE PERMITS, IF APPLICABLE.

BP-1. CONDITIONS OF APPROVAL:

Final plans shall include all Conditions of Approval included as part of the approved application starting on sheet 2 of the plans. [COA] [PLANNING]

BP-2. RESPONSE TO CONDITIONS OF APPROVAL:

A written response indicating how each condition has or will be addressed shall accompany the building permit set of plans. [COA] [PLANNING]

BP-3. NOTICE OF CONDITIONS OF APPROVAL:

A Notice of Conditions of Approval shall be filed in the official records of the County of Santa Clara and provide proof of such recordation to the City prior to issuance of any City permit, allowed use of the property, or Final Map, as applicable. The Notice of Conditions of Approval shall be prepared by the Planning Division and shall include a description of the subject property, the Planning Application number, attached conditions of approval and any accompanying subdivision or parcel map, including book and page and recorded document n umber, if any, and be signed and notarized by each property owner of record.

For purposes of determining the record owner of the property, the applicant shall provide the City with evidence in the form of a report from a title insurance company indicating that the record owner(s) are the person(s) who have signed the Notice of Conditions of Approval. [COA] [PLANNING] Attachment 2

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BP-4. BLUEPRINT FOR A CLEAN BAY:

The building permit plans shall include a “Blueprint for a Clean Bay” on one full sized sheet of the plans. [SDR] [PLANNING]

BP-5. MITIGATION MONITORING AND REPORTING PROGRAM:

The following mitigation measures were adopted as part of the EIR for the Downtown Specific Plan (adopted August 11, 2020) . Please refer to the adopted MMRP (Attachment 1) for further details on the requirements of the mitigation measures noted below.

a. MM AQ -2.2 – The building permit plans shall include BAAQMD - recommended measures to control dust, particulate matter, and diesel exhaust emissions during construction.
b. MM AQ -2.3 –Prior to construction activities, the project applicant(s) shall develop a plan demonstrating that the off -road equipment (more than 25 horsepower) to be used in the construction project (i.e., owned, leased, and subcontractor vehicles) would achieve a project wide fleet -average 46 percent NOx reduction. The site shall demonstrate a 97 percent reduction compared to modeling results in Appendix C of the EIR.
c. MM AQ -2.4: Approval of a TDM Plan to reduced operational NOx emissions consistent with City requirements. This Plan shall demonstrate a minimum six (6) percent overall reduction in vehicle trips and shall be approved by the Director of Public Works or designee.
d. MM BIO-1.1 - When possible, construction shall be scheduled to avoid the nesting season to the extent feasible. The nesting season for most birds, including most raptors, in the San Francisco Bay area extends from February 1 through August 31.
e. MM CR -2.1 - Prior to ground disturbance or in conjunction with any remediation efforts, applicant is responsible for having a qualified archeologist complete mechanical pre sence/absence exploration as described in mitigation measure MM CR-2.1.
f. MM CR-2.2 - Prior to ground-disturbing activities, the project applicant shall have a qualified archaeologist or qualified Native American tribal representative provide appropriate cul tural sensitivity training to all contractors and employees involved in the trenching and excavation. g. MM CR-2.3 - In the event that human remains are discovered during excavation and/or grading of the site, all activity within a 50 -foot radius of the find shall be stopped. The Santa Clara County Coroner shall be notified.
h. MM HAZ-1.2 - A SMP and Health Safety Plan (HSP) shall be prepared and implemented for construction -related earthwork activities under the proposed project. The purpose of the SMP and HSP i s to establish appropriate management practices for handling impacted soil, soil vapor, and groundwater or other materials that may potentially be encountered during construction activities.

Attachment 2

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i. MM HAZ-1.6: Prior to commencement of earthwork activities, geophysical surveys shall be completed of the former gasoline service station location to evaluate if USTs remain on the site.
j. MM HAZ-4.1: Prior to the issuance of a building permit for above ground construction, if proposed structures exceed the FAA Part 77 Surface, the project applicant shall submit an FAA Form 7460 -1 for the permanent structure prior to submittal for the temporary construction equipment (outlined in mitigation measure MM HAZ-4.2 below). A “Determination of No Hazard” or “Determination of No Ha zard with Conditions” shall be obtained prior to permit issuance for any above ground improvements. k. MM HAZ-4.2: Prior to the issuance of a building permit, if construction equipment has the potential to exceed the FAA Part 77 Surface, the project applicant shall submit an FAA Form 7460-1, “Notice of Proposed Construction or Alteration” to the FAA at least 45 days (60 to 90 days recommended) prior to construction of the project, which shall specify the equipment type (e.g., crane) and duration to be used.
l. MM HYD-3.1: Prior to issuance of building permits, applicant are responsible for determining if their development would increase impervious surfaces compared to existing conditions If there is an increase in impervious surfaces, applicant are responsible fo r completing additional analysis described in mitigation measure MM HYD -3.1 and implement necessary improvements to ensure sufficient storm drain system capacity.
m. MM NOI -1.1: Prior to the issuance of building permits, a qualified acoustical consultant shal l prepare a report documenting the projected mechanical and emergency generator noise and identify specific noise reduction measures necessary to reduce noise to comply with the City’s 50 dBA Leq nighttime residential noise limit at the shared property lines. n. MM NOI-4.1: Future development shall prepare a noise control plan to be submitted for review and approval by the City prior to construction.

The mitigation measures noted above shall be addressed prior to issuance of the building permit for the structure, unless an alternative timeframe is approved by the Director of Community Development. [MMRP] [PLANNING/PUBLIC WORKS] MITIGATION MEASURE

BP-6. BIRD SAFE DESIGN:

The building permit plans shall include the measures contained in study prepared by Live Oak Associates, dated August 25, 2021. Plans shall include the necessary information to illustrate that it meets the intent of the memo.

The applicant shall work with the staff to address treatment options for the transparent corners and shall provide a letter from the consultant indicating that the vertical building permit plans are consistent with the August 25, 2021 recommendations. [COA] [PLANNING]

BP-7. CONSTRUCTION FENCING:

Attachment 2

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Construction fencing shall be installed around the perimeter of the site and shall be of a quality material and shall provide adequate screening of below and at grade construction work. Lifestyle graphics and renderings shall be printed in large format along the McKinley Avenue frontage and wrap around the corners of Mathilda Avenue and Aries Way . Directional signage to Historic Murphy and Caltrain shall also be incorporated into these graphics.

Information related to marketing and/or leasing of the project shall be allowed on the signage and fencing. The fencing shall be reviewed by staff through a Miscellaneous Plan Permit and prior to issuance of the grading permit for the garage. [COA] [PLANNING]

BP-8. RECYCLING AND SOLID WASTE CONTAINER:

All recycling and solid waste containers shall be metal or State Fire Marshall listed non -metallic. The building permit plans shall provide details illustrating compliance with this condition. [COA] [PLANNING]

BP-9. SOLID WASTE DISPOSAL PLAN:

A detailed recycling and solid waste disposal plan shall be submitted for review and approval by the Director of Community Development prior to issuance of building permit. [COA] [PLANNING]

BP-10. ROOF EQUIPMENT:

Roof vents, pipes and flues shall be combined and/or collected together on slopes of roof or behind parapets out of public view as per Title 19 of the Sunnyvale Municipal Code and shall be painted to match the roof. [COA] [PLANNING]

BP-11. FEES AND BONDS:

The following fees and bonds shall be paid in full prior to issuance of building permit.
a. TRANSPORTATION IMPACT FEE - Pay Traffic Impact fee for the net new trips resulting from the proposed project, estimated at $814,877, prior to issuance of a Building P ermit. (SMC 3.50) . The TIF is based on the adopted Development Agreement at $4,826 per 1,000 square feet of office space and $6,007 per 1,000 square feet of commercial space . [SDR] [PLANNING/DA Exhibit E]

b. FAIR SHARE CONTRIBUTIONS – The applicant shall pay the following Fair Share Contributions based on the adopted MMRP for 300 Mathilda Avenue Specific Development:
i. MM TRN -1.1: VTA’s VTP 2040 Improvement VTP ID H3: SR 237 Express Lanes (North First Street to Mathilda Avenue).
ii. MM TRN-1.2: Intersection 55: De Anza Boulevard/Homestead Road (Cupertino).
iii. MM TRN -1.3: Intersection 76: Lawrence Expressway/Homestead Road (VTA/Santa Clara County).

Attachment 2

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iv. MM TRN -C.1: Intersection 19: Hollenbeck Avenue/Remington Drive.
v. MM TRN-C.2: Intersection 20: Hollenbeck Avenue/Fremont Avenue. vi. MM TRN -C.3: Intersections 29: Mathilda Avenue/Washington Avenue and Intersection 30: Mathilda Avenue/McKinley Avenue. vii. MM TRN-C.4: Intersection 33: Mathilda Avenue/El Camino Real. viii. MM TRN-C.5: Intersection 38: Washington Avenue/Frances Street. ix. MM TRN -C.6: Intersection 52: Sunnyvale -Saratoga
Road/Remington Drive.
x. MM TRN-C.7: Intersection 53: Sunnyvale -Saratoga Road/Fremont Avenue.
xi. MM TRN-C.8: Intersection 60: Fair Oaks Avenue/Duane Avenue.

The total Fair Share contribution is estimated at $288,003 and shall be calculated based on the building permit plans and paid prior to building permit issuance. [COA] [PUBLIC WORKS]

c. HOUSING MITIGATION FEE - Pay Housing Mitigation estimated at $2,526,121, prior to issuance of a Building Permit (SMC Chapter 19.22).

The Housing Mitigation fee is based the adopted Development Agreement on an estimated office square footage of 153,000 square feet at a fee of $8.60 per square foot for up to 25,000 square feet and $17.20 per square foot over 25,000 square feet and the estimated square footage for the proposed retail space of 12,735 square feet at $8.60 per square foot. [SDR] [PLANNING/DA Exhibit E]

d. ART IN PRIVATE DEVELOPMENT - Pay Art in Private Development bond estimated at $274,264.4 or 1.1% of construction valuation for nonresidential uses , prior to issuance of a Building Permit. [SDR] [PLANNING/DA Exhibit E]

e. ART IN PRIVATE DEVELOPMENT BOND – A bond, letter of credit, cash deposit or other similar security instrument for 1.1% of the construction valuation of the development project will be required prior to issuance of a building permit. The bond will not be released until completion and installation of the artwork requirement including related landscaping, lighting, base work and commemorative plaque. [SDR] [PLANNING/DA Exhibit E]

BP-12. DEVELOPMENT AGREEMENT: CONSTRUCTION SALES TAX
REGISTRATION:

Provide documentation that the landowner has designated the City as the point of sale for California sales and use tax purposes during Project Construction. [SDR] [PLANNING/ECONOMIC DEVELOPMENT /DA Section

2.1.9]

BP-13. COMMUNITY BENEFIT FUND CONTRIBUTION:

Attachment 2

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The landowner shall contribute $3,189,612 towards the City’s Community Benefit Fund prior to issuance of building permit . This is the proportional contribution of the $10,632,040 required in the Development Agreement , based on the proposed square feet of Bonus Office Square Footage as defined in the Development Agreement . The office building approved at 200 W Washington Avenue is required to pay the remaining $7,442,428.[SDR] [PLANNING/ECONOMIC DEVELOPMENT/DA SECTION 2.1.1]

BP-14. ART IN PRIVATE DEVELOPMENT REVIEW:

An Art in Private Development application shall be submitted to the Director of Community Development subject to review and approval by the Arts Commission, prior to issuance of a foundation and vertical Building Permit. [COA] [PLANNING]

BP-15. DEPARTMENT OF PUBLIC SAFETY REVIEW:

Obtain approval from the Crime Prevention Division of Public Safety Department for crime prevention measures appropriate to the proposed development prior to issuance of a Building Permit. [COA] [PLANNING]

BP-16. LANDSCAPE PLAN:

Landscape and irrigation plans shall be prepared by a certified professional, and shall comply with Sunnyvale Municipal Code Chapter 19.37 requirements and Downtown Specific Plan. Landscape and irrigation plans are subject to review and approval by the Dir ector of Community Development through the submittal of a Miscellaneous Plan Permit (MPP) .

The landscape plan shall include the following elements:
a. All areas not required for parking, driveways or structures shall be landscaped.
b. If installed, news racks shall be of the same design as the 100 Block of South Murphy Avenue News Rack District.
c. Landscape plan shall include recessed design elements located on the surface of concrete benches and planters to deter skateboarding. An alternative method that is compa tible with the overall design concept may be considered.
d. The landscape plan shall include locations of all irrigation backflow preventers and shall be located in inconspicuous locations. e. The street trees should be changed from Liquidambar to other tree species as approved by the City Arborist.
f. Ground cover shall be planted so as to ensure full coverage eighteen months after installation. [COA] [PLANNING]

BP-17. LANDSCAPE MAINTENANCE PLAN:

Prepare a landscape maintenance plan subject to review and approval by the Director of Community Development prior to issuance of building permit. [COA] [PLANNING]

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BP-18. TREE PROTECTION PLAN:

Prior to issuance of a Demolition Permit, a Grading Permit or a Buil ding Permit, whichever occurs first, obtain approval of a tree protection plan from the Director of Community Development. Two copies are required to be submitted for review. The tree protection plan shall include measures noted in Title 19 of the Sunnyvale Municipal Code and at a minimum:
a. An inventory shall be taken of all existing trees on the plan including the valuation of all ‘protected trees’ by a certified arborist, using the latest version of the “Guide for Plant Appraisal” published by the Intern ational Society of Arboriculture (ISA).
b. All existing (non-orchard) trees on the plans, showing size and varieties, and clearly specify which are to be retained.
c. Provide fencing around the drip line of the trees that are to be saved and ensure that no co nstruction debris or equipment is stored within the fenced area during the course of demolition and construction. d. The tree protection plan shall be installed prior to issuance of any Building or Grading Permits, subject to the on -site inspection and approval by the City Arborist and shall be maintained in place during the duration of construction and shall be added to any subsequent building permit plans. [COA] [PLANNING/CITY ARBORIST]

BP-19. STORMWATER MANAGEMENT CALCULATIONS:

Submit two copies of the City o f Sunnyvale Impervious Surface Calculation worksheet prior to issuance of a Building Permit. [COA] [PLANNING]

BP-20. BEST MANAGEMENT PRACTICES - STORMWATER:

The project shall comply with the following source control measures as outlined in the BMP Guidance Manual and SMC Section 12.60.220. Best management practices shall be identified on the building permit set of plans and shall be subject to review and approval by the Director of Public Works:
a. Storm drain stenciling. The stencil is available from the City's Environmental Division Public Outreach Program, which may be reached by calling (408) 730-7738.
b. Landscaping that minimizes irrigation and runoff, promotes surface infiltration where possible, minimizes the use of pesticides and fertilizers, and incorporates appropriate sustainable landscaping practices and programs such as Bay-Friendly Landscaping.
c. Appropriate covers, drains, and storage precautions for outdoor material storage areas, loading docks, repair/maintenance bays, and fueling areas.
d. Covered trash, food waste, and compactor enclosures. e. Plumbing of the following discharges to the sanitary sewer, subject to the local sanitary sewer agency’s authority and standards:
i. Discharges from indoor floor mat/equipment/hood filter wash racks or covered outdoor wash racks for restaurants.
ii. Dumpster drips from covered trash and food compactor enclosures.

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iii. Discharges from outdoor covered wash areas for vehicles , equipment, and accessories.
iv. Swimming pool water, spa/hot tub, water feature and fountain discharges if discharge to onsite vegetated areas is not a feasible option.
v. Fire sprinkler test water, if discharge to onsite vegetated areas is not a feasible option. [SDR] [PLANNING]

BP-21. STREET TREES:

The landscape plan shall includ e street trees and shall be submitted for review and approval by the City Arborist prior to issuance of building permit. [COA] [ENGINEERING/CITY ARBORIST/PLANNING]

BP-22. PHOTOMETRIC PLAN:

Prior to issuance of a Building Permit submit a contour photometric plan for approval by the Director of Community Development. The plan shall meet the specifications noted in the Standard Development Requirements. [COA] [PLANNING]

BP-23. PARKING MANAGEMENT PLAN:

A Parking Management Plan is subject to review and approval by the Director of Community Development prior to occupancy. The Parking Management Plan shall include the following:

The additional Tenant parking locations located in adjacent garages (approximately 80 spaces) shall be identified through permitting and/or specific time limits within the existing and available structured parking. The goal would be to preserve the most convenient parking for patrons throughout the Downtown Parking district, with adequate long-term parking for employees and office tenants. Tentatively, employees and office tenants should be parking below the ground level or the top level of the parking structures. This effort shall be coordinate d with Community Development and Public Works Departments.

The Parking Management Plan may require revisions or modifications in the future due to other transit options or trends. This plan shall be reviewed through a Miscellaneous Plan Permit, or staff level review equivalent, and shall be coordinated with Community Development, Public Works and the City Attorney. [PLANNING] [COA]

BP-24. BICYCLE SPACES:

Provide seventy (70) Class I bicycle parking spaces and nine (9) Class II bicycle parking spaces per VTA Guidelines and as approved by the Director of Community Development. Clearly indicate the location and the number of bicycle parking spaces on the Building Permit plans. [COA] [PLANNING]

BP-25. NOISE REDUCTION:

Attachment 2

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Final construction drawings shall incorporate all noise mitigation measures as set forth under “Mitigation Measures” in the approved environmental document and all plans shall be wet stamped and signed by the consultant. [COA] [PLANNING] Mitigation Measure

BP-26. GREEN BUILDING:

The project shall meet the following green building requirements as per the Development Agreement:
a. Final plans shall incorporate a completed LEED green building checklist, demonstrating the new building achieves a minimum LEED Gold level for Core and Shell, with efforts to achieve Plat inum level as verified by a qualified LEED consultant and shall be submitted to USGBC for formal certification.
b. Subsequent building permit plans for interior tenant improvements for the ground floor uses shall incorporate a completed LEED green building checklist demonstrating the project design achieves a minimum LEED Gold level for Commercial Interiors, with efforts to achieve Platinum level, as verified by a qualified LEED consultant. [COA] [PLANNING]

BP-27. CONSTRUCTION MANAGEMENT PLAN:

The developer shall implement a Construction Management Plan (CMP) to minimize impacts of construction on surrounding residential uses to the extent possible. The CMP shall be subject to review and approval by the Director of Community Development prior to issuance of a demolition permit, grading permit, or building permit. The CMP shall identify measures to minimize the impacts of construction including the following:
a. Measures to control noise by limiting construction hours to those allowed by the SMC, avoiding sensiti ve early morning and evening hours, notifying residents prior to major construction activities, and appropriately scheduling use of noise-generating equipment. b. Use ‘quiet’ models of air compressors and other stationary noise sources where such technology exists.
c. Equip all internal combustion engine -driven equipment with mufflers, which are in good condition and appropriate for the equipment. d. Locate all stationary noise -generating equipment, such as air compressors and portable power generators, as far away as possible from residences or other noise-sensitive land uses.
e. Locate staging areas and construction material areas as far away as possible from residences or noise-sensitive land uses.
f. Route all construction traffic to and from the project site via designated truck routes where possible. Prohibit construction -related heavy truck traffic in residential areas where feasible. Obtain approval of proposed construction vehicle truck routes from the Department of Public Works. g. Manage construction parking s o that neighbors are not impacted by construction vehicles. When the site permits, all construction parking shall be on-site and not on the public streets.

Attachment 2

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h. Prohibit unnecessary idling of internal combustion engine -driven equipment and vehicles.
i. Notify all adjacent business, residents, and noise -sensitive land uses of the construction schedule in writing. Notify nearby residences of significant upcoming construction activities at appropriate stages in the project using mailing or door hangers.
j. Designate a “disturbance coordinator” who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator will determine the cause of the noise complaint and will require that reasonable measures warranted to correct t he problem be implemented. Conspicuously post a telephone number for the disturbance coordinator at the construction site and include it in the notice sent to neighbors regarding the construction schedule. [COA] [PLANNING]

BP-28. DEMOLITION/CONSTRUCTION/RECYCLING WASTE REPORT FORM: To mitigate the impacts of large projects on local waste disposal and recycling levels, demolition waste weights/volumes, construction weights/volumes, and recycling weights/volumes are to be reported to the City using Sunnyvale.wastetracking.com hosted by Green Halo. As part of the project’s construction specifications, the developer shall track the type, quantity, and disposition of materials generated, and submit these records through the website both periodically and at project completion [COA][ENVIRONMENTAL SERVICES]

BP-29. SOLID WASTE DISPOSAL AND RECYCLING DESIGN PLAN:

A detailed solid waste disposal and recycling design plan shall be submitted for review and approval by the Director of Community Development prior to issuance of building permit. The solid waste disposal plan and building permit plans shall demonstrate compliance with current City requirements and guidelines for non -residential projects. [COA]
[PLANNING/ENVIRONMENTAL SERVICES]

BP-30. SOLID WASTE AND RECYCLING ENCLOSURE:

The building permit plans shall include details for the installation of recycling and solid waste enclosures that are consistent with SMC

19.38.030. The solid waste disposal and recycling facilities within the enclosure area or within build ings shall be designed with adequate size, space and clearance based upon City’s latest guidelines. The required enclosures shall:
a) Match the design, materials and color of the main building; b) Be of masonry construction;
c) Be screened from view;
d) All gates, lids and doors shall be closed at all times; e) Shall not conflict with delivery/receiving areas;
Attachment 2

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f) Shall be consistent with the approved Solid Waste and Recycling Management Plan;
g) Solid waste and recycling diversion systems shall be incorporated int o the facilities and tenant improvements. [COA]
[PLANNING/ENVIRONMENTAL SERVICES]

BP-31. SOLID WASTE SERVICES:

Waste and recycling services shall be maintained under one account for each of the public domestic water meters that serve an occupied building held by the applicant, owner or landlord, unless otherwise approved by the City. The account holder is responsible for ensuring adequate services and that all locations, private sidewalks and streets are kept free of litter and stains.

Requirements shall be specified in the approved documents and be submitted for approval by the City. [COA] [FINANCE/ENVIRONMENTAL SERVICES]

BP-32. STORMWATER MANAGEMENT PLAN THIRD-PARTY CERTIFICATION:

Submit two copies of a Stormwater Management Plan subject to review and approval by Director of Community Development, pursuant to SMC 12.60, prior to issuance of building permit. The Stormwater Management Plan shall include an updated Stormwater Management Data Form. [COA] [PLANNING/ENVIRONMENTAL SERVICES]

BP-33. CONSTRUCTION MATERIAL AND STAGING:

All construction related materials, equipment, and construction workers parking need to be managed on-site and not located in any public rights-of- way or public easements. [COA] [PUBLIC WORKS]

BP -34 WARNING SYSTEM:

Developer shall install an audible warning system at the garage vehicle exits to alert pedestrians that vehicles are exiting from the garage.

Developer shall coordinate with adjacent property owner on the volume of the warning system. [COA] [PUBLIC WORKS]

EP: THE FOLLOWING CONDITIONS SHALL BE ADDRESSED AS PART OF AN ENCROACHMENT PERMIT APPLICATION.

EP-1. DOWNTOWN SPECIFIC PLAN:

This project is in the Downtown Specific Plan (DTSP) area, therefore, the developer shall comply with any applicable design requirements as identified in the DTSP or as amended and approved by the City. [COA] [PUBLIC WORKS]

EP-2 COMPLETE OFF-SITE IMPROVEMENT PLAN SET:

Attachment 2

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A complete plan check set applicable to the project, which may include street improvement plans, streetscape plans, streetlight plans, photometric analysis, signing/striping plans, erosion control plans, and traffic control plans shall be submitted as part of the first off -site improvement plans, including off -site engineering cost estimate and the initial Engineer and Inspection plan review fee. Joint trench plans may be submitted at a later date. No partial sets are allowed unless otherwise approved by the Department of Public Works. Sheets C1 – C10 of Submittal 6 dated 6/23/21 are subject to change during plan check process. See Improvement Plan Checklist and Improvement Plan Submittal Checklist at the following 2 links:
https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=24002 https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=23625 [COA] [PUBLIC WORKS]

EP-3. UPGRADE OF EXISTING PUBLIC IMPROVEMENTS:

As part of the off -site improvement plan review and approval, a ny existing public improvements to be re -used by the project, which are not in accordance with current City standards and are not specifically identified in the herein project conditions (such as backflow preventers, sign posts, etc.), shall be upgraded to current City standards and as required by the Department of Public Works. [COA] [PUBLIC WORKS]

EP-4. BENCHMARKS:

The improvement plans may be prepared using NGVD -29 consistent with other Town Center improvement plans using a conversion equation to City’s latest benchmarks (NAVD88) available on City’s website
https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?BlobID=23803. [COA] [PUBLIC WORKS]

EP-5 EASEMENT DEEDS:

This project requires a minimum of 10’ sidewalk easement and 10’ public utility easement measured from the back of the curb. All easements shall be kept open and free from buildings and structures of any kind except those appurtenances associated with the defined easements. Developer shall execute the easement deeds prior to encroachment permit issuance. [COA] [PUBLIC WORKS]

EP-6. UTILITY CONNECTION:

This project requires connection to all City utilities or private utilities operating under a City or Stat e franchise which provide adequate levels of service. [COA] [PUBLIC WORKS]

EP-7. UTILITY CONNECTION TO THE MAIN:

Attachment 2

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All sanitary sewer laterals connecting to the existing main line shall be at a new sanitary sewer manhole. All storm drain laterals connecting to the main shall be at a new storm drain manhole, except where a pipe to pipe connection is permitted if the mai nline is 36” or larger, or a junction structure is permitted where the point of connection is within close vicinity of an existing down-stream manhole. Pursuant to City design standards, any new and retrofitted manholes require Sewpercoat, Mainstay or Sanc on calcium aluminate cementitious mortar coating of the interior. [ SDR] [PUBLIC WORKS]

EP-8. EXISTING UTILITY ABANDONMENT/RELOCATION:

Developer is responsible for research on all existing utility lines to ensure that there are no conflicts with the project. All existing utility lines (public or private) and/or their appurtenances not serving the project and/or have conflicts with the project, shall be capped, abandoned, removed, relocated and/or disposed of to the satisfaction of the City. Existing public facilities within the street right -of-way shall be abandoned per City’s Abandonment Notes and procedures, including abandonment by other utility owners. [COA] [PUBLIC WORKS]

EP-9. MODIFICATIONS TO EXISTING PUBLIC UTILITIES:

Developer is required to pay for all changes or modifications to existing City utilities, streets and other public utilities within or adjacent to the project site, including but not limited to utility facilities/conduits/vaults relocation due to grade change in the sidewalk area, caused by the development. [COA] [PUBLIC WORKS]

EP-10. DRY UTILITIES:

Submit dry utility plans and/or joint trench plans (PG&E, telephone, cable TV, fiber optic, etc.) to the Public Works Department for review and approval prior to issuance of any permits for utility work within any public right -of- way or public utility easements. Separate encroachment permits shall be required for various dry utility construction. [SDR] [PUBLIC WORKS]

EP-11. WET UTILITIES:

All wet utilities (water, sanitary sewer, storm drain) on private property shall be privately owned and maintained. The fire and domestic water systems shall be privately owned and maintained beyond the meter. [COA] [PUBLIC WORKS]

EP-12. RE-USE OF EXISTING CITY UTILITY SERVICE LINES:

The re -use o f existing City water service lines is not allowed. Re -use of existing City sanitary sewer and storm drain service lines and appurtenances is subject to City’s review and approval. Developer’s contractor shall expose the existing facilities during construc tion for City’s evaluation or provide video footage of the existing pipe condition. Developer’s Attachment 2

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contractor shall replace any deficient facilities as deemed necessary by Public Works Department. Sheets C1 – C10 of Submittal 6 dated 6/23/21 are subject to change during plan check process. [COA] [PUBLIC WORKS]

EP-13. SEPARATE DOMESTIC/FIRE PROTECTION SERVICE LINE:

Provide separate fire and domestic service lines to the building. Provide separate fire service tap(s) to the street main for on-site fire hydrants. Install reduced pressure backflow prevention devices (RPBP) behind the street right-of-way for the domestic service line and a reduced pressure detector assembly (RPDA) and 5/8” water meter behind the street right-of-way for the fire service line. Backflows must adhere to City’s Cross-Connection Program.

Backflow inspection permit and tags are required for all backflow devices. [COA] [PUBLIC WORKS/PUBLIC SAFETY-FIRE PREVENTION]

EP-14. PUBLIC FIRE HYDRANTS:

Provide fire hydrant within 50’ of the Fire Dep artment Connection as required by Fire Safety. Hydrant shall be per current City standard detail 2B and 2B -2. Public fire hydrant shall be maintained free and clear of all trees, vines, shrubs, bushes, ivy, etc. for a minimum of three feet. [COA] [PUBLIC WORKS/PUBLIC SAFETY-FIRE PROTECTION]

EP-15. WATER METER:

Each building occupancy shall have its own domestic water service connection to the water main with domestic radio -read water meter and reduced pressure backflow prevention devices per current City standards.

For water meter sizes three (3) inches or larger, provide meter sizing calculations to Public Works Department for approval of meter size, as part of the off-site improvement plan submittal. For domestic water meters 3” and larger, a single mete r is allowable. Provide separate fire service taps with separate reduced pressure detector assembly in accordance with current City standards. Install new radio -read water meter(s) for each point of connection to the water main. Install new backflow preve ntion devices on the discharge side of water service line on private property. Install backflow preventer enclosure where applicable. [SDR] [PUBLIC WORKS]

EP-16. IRRIGATION SERVICE LINE AND BACKFLOW PREVENTORS:

All landscape and irrigation systems loca ted in the public park strip areas shall be connected to the water system metered to the property owner. Install new reduced pressure backflow prevention devices on the discharge side of irrigation line on private property. Install backflow preventer enclo sure where applicable. Backflows must adhere to City’s Cross -Connection Program. Backflow inspection permit and tags are required for all backflow devices. [SDR] [PUBLIC WORKS]

EP-17. SANITARY SEWER AND STORMDRAIN MANHOLES:

Attachment 2

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Install new sanitary sewer and storm drain manholes at the street right -of- way lines for all existing and proposed sanitary sewer laterals to be used for the project. [SDR] [PUBLIC WORKS]

EP-18. SANITARY SEWER VIDEO:

The contractor shall make a video copy of the interior of t he new sanitary sewer main installed prior to it is put into service. [COA] [PUBLIC WORKS]

EP-19. SANITARY SEWER AND STORM DRAIN TRIBUTARY PATTERN:

This project is required to follow the existing sanitary sewer and storm drain tributary pattern. Any dev iations would require additional analysis and be subject to approval by the Department of Public Works as part of the off-site improvement plan review process. This project shall not cause any negative impact on the drainage pattern for adjacent properties . [COA] [PUBLIC WORKS]

EP-20. CATCH BASIN TRASH CAPTURE DEVICES AND STENCILING:

Pursuant to SMC 12.60.130, install full trash capture devices on the project site, prior to connecting to the City’s storm drain collection system. The developer shall be resp onsible for perpetual maintenance of those trash capture devices. All storm drain inlet facilities located in the public right-of- way shall be stenciled that read “NO DUMPING”. Stencils may be borrowed and returned by coordinating with the Environmental Se rvices Department by calling 408-730-7738. [COA] [PLANNING/ENVIRONMENTAL SERVICES]

EP-21. UTILITY METER/VAULT:

No existing or new utility meters or vaults shall be located within the new driveway approach areas. All existing or new utility vaults serving the project site shall be located on -site and not within the public utility easement, if any. [COA] [PUBLIC WORKS]

EP-22. DRIVEWAY APPROACHES:

Install new driveway approaches along the project frontage on Booker Avenue per City Standard Detail 6C -4. Driveway approaches are to comply with Americans with Disabilities Act (ADA) requirements and city standard details and specifications except that the width of the easterly driveway may exceed to standard maximum width of 42 feet as necessary to accommodate trash bin pickup. [COA] [PUBLIC WORKS]

EP-23. CURB RAMPS:

Remove existing curb ramps located on the northeast corner of Mathilda Avenue/Booker Avenue, on the southeast corner of Mathilda Avenue/McKinley Avenue and on the southwest corner of McKinley Avenue/Aries Way and construct new ADA directional curb ramps so that the visually impaired are directed towards the receiving end of each location.

Install new curb ramps along Booker Avenue at Aries Way as shown on Attachment 2

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Grading Plan Sheet C5 fronting project s ite, or as deemed necessary by the Department of Public Works. Additional re -grading of asphalt may be required to ensure there are no localized low points and positive surface runoff occurs along the flow line. [COA] [PUBLIC WORKS]

EP-24. STREETSCAPE IMPROVEMENTS:

Streetscape improvements adjacent to the project site shall conform with the Downtown Standard Details, except when a deviation is allowed by the Director of Community Development. Streetscape Improvements on Mathilda Ave and w. McKinley Ave shall be 10’ wide sidewalk with tree wells per Downtown Standard Details. Gutters along the entire frontage of the project shall be 1 -foot in width. The perpetual maintenance of streetscape improvements along the project frontages shall be th e sole responsibility of the property owner as provided in the recorded street and utility maintenance agreement as it may be modified from time to time . [COA] [PUBLIC WORKS]

EP-25. DECORATIVE DOWNTOWN CROSSWALKS:

Repair or replace as needed any portion of the existing crosswalk pavements along the northbound and eastbound directions of Mathilda Avenue and McKinley Ave intersection that are damaged by construction of this project.

Repair or replace with new decorative stamped and colored crosswalk pavement or pavers as determined by the City Public Works Inspector. [COA] [PUBLIC WORKS]

EP-26. STREET PAVEMENT:

Grind and repave 2” of existing asphalt concrete from gutter to east side of bike lane buffer on South Mathilda, and from curb to curb on Booker from South Mathilda to Aries. Construct new-half street on the west side of Aries from Iowa to McKinley. Apply Type II slurry to McKinley Ave. from lip of gutter to centerline as deemed necessary unless otherwise approved by the Department of Public Works. [SDR] [PUBLIC WORKS]

EP-27. STREET LIGHTS:

Install new Downtown Standard streetlights along north side of Booker from South Mathilda to Aries Way, and along west side of Aries Way from Iowa to McKinley. Street lights shall be spaced at 40 feet on center per Downtown Streetscape Specifications and Standard Details. Provide necessary streetlight conduits, wires and pull boxes per Downtown City’s current standards.

Submit separate streetlight plans concurrently with the off-site improvement plan review to include installation of new conduits, existing and/or new Attachment 2

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locations of power source connection and new service pedestal, conductors, pull boxes, voltage drop and load calculat ions, and any other streetlight equipment as required to be installed by the Developer per latest City standard details and specifications and National Electric Code.

Developer shall comply with City street light design guidelines and plan check submittal requirements as provided by the City upon request.

Obtain PG&E’s approval for new service pedestal, if required, prior to Encroachment Permit issuance.

Upon Completion of the streetlight improvements, developer shall provide drawings to the City in AutoCAD format. [COA] [PUBLIC WORKS]

EP-28. SIGNING AND STRIPING PLANS:

Submit a signing and striping plan in accordance with the latest edition of the CA MUTCD to City for review and approval by the Public Works Department. [SDR] [PUBLIC WORKS]

EP-29. TRAFFIC CONTROL PLAN:

Submit a traffic control plan with the off -site improvement plans for review and approval. Per the City’s Temporary Traffic Control Checklist, the traffic control plan shall include a summary of the traffic control types, dates, times and blocks affected. All construction related materials, equipment, and construction workers parking need to be stored on-site and the public streets need to be kept free and clear of construction debris. [COA] [PUBLIC WORKS]

EP-30. CITY STREET TREES:

The developer shall install required street trees along the project frontage as follows: Booker Avenue, north side, from South Mathilda Avenue to Aries Way; Booker Avenue from Bank of California property line to Aries Way; Aries Way, west side from Iowa Avenue to McKinley Avenue. Street trees and frontage landscaping shall be included in the detailed landscape and irrigation plan subject to review and approval by the Department of Public Works prior to issuance of encroachment permit. New street trees shall be 24-inch box size or 15-gallon size. The city tree spacing should be approximately 30 feet apart. A root barrier shall be installed around tree wells. No trees are to be planted within 10' of a sanitary sewer lateral and within any existing or proposed Public Utility Easement. [SDR] [PUBLIC WORKS]

EP-31. MAINTENANCE AGREEMENT:

Developer is subject to a maintenance agreement for maintenance of public improvements located inside the back of curb of perimeter streets around Attachment 2

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the development as shown on t he final map of Tract 9925. The subject Public Street and Utility Maintenance Agreement recorded 10/1/07 (Exhibit N) is to be updated by the adopted Development Agreement. [COA] [PUBLIC WORKS]

EP-32. DAMAGE TO EXISTING PUBLIC IMPROVEMENTS:

Developer shall be responsible to rectify any damage to the existing public improvements fronting and adjacent to the project site as a result of project construction, to City’s satisfaction by the Public Works Department. All existing streetlight conduits, streetlight wires, streetlight pull boxes, shall be protected in place during construction. Any damaged streetlight conduits, streetlight wires, streetlight pull boxes, shall be replaced within 7 days at the expense of the developer. [COA] [PUBLIC WORKS]

EP-33. RECORD DRAWINGS:

Stamped and signed hard copy record drawings of the off-site improvements (including off-site street, sewer, water, storm drain and landscaping plans) shall be submitted to the City prior to encroachment permit sign -off. In addition, streetlight record drawings shall be in AutoCAD format & GIS format. Developer shall pay the record drawing fee. [COA] [PUBLIC WORKS]

EP-34. PUBLIC WORKS DEVELOPMENT FEES:

Developer shall pay all applicable Public Works development fees associated with the project, including but not limited to, utility frontage and/or connection fees, off-site improvement plan check and inspection fees, prior to any permit issuance. The exact fee amount shall be determined based upon the fee rate at the time of fee payment. [COA] [PUBLIC WORKS]

EP-35. IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES:

Developer shall execute an Improvement Agreement and provide improvement securities and/or cash deposit(s) for all proposed public improvements prior to any permit issuance. [COA] [PUBLIC WORKS]

EP-36. OFF-SITE IMPROVEMENT COST ESTIMATE:

Provide an itemized engineer's estimate for all off -site public improvements for the entire project. [COA] [PUBLIC WORKS]

PF: THE FOLLOWING CONDITIONS SHALL BE ADDRESSED ON THE

CONSTRUCTION PLANS AND/OR SHALL BE MET PRIOR TO RELEASE OF UTILITIES OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY.

PF-1. LANDSCAPING AND IRRIGATION:

All landscaping and irrigation as contained in the approved Miscellaneous Plan Permit and subsequent building permit plans shall be installed prior to occupancy [COA] [PLANNING]
Attachment 2

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PF-2. PARKING GARAGE STRIPING:

All parking garage striping and carpool spaces shall be double striped as per the approved plans and Public Works standards. [COA]
(PLANNING/ENGINEERING)

PF-3. COMPLETION OF PUBLIC IMPROVEMENTS:

Developer shall complete all required public improvements in accordance with City approved plans , prior to any building occupancy. [COA] [PUBLIC WORKS]

DC: THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE CONSTRUCTION PHASE OF THE PROJECT.

DC-1. BLUEPRINT FOR A CLEAN BAY:

The project shall be in compliance with stormwater best man agement practices for general construction activity until the project is completed and either final occupancy has been granted. [SDR] [PLANNING]

DC-2. TREE PROTECTION:

All tree protection shall be maintained, as indicated in the tree protection plan, until construction has been completed and the installation of landscaping has begun. [COA] [PLANNING]

DC-3. CLIMATE ACTION PLAN – OFF ROAD EQUIPMENT REQUIREMENT:

OR 2.1: Idling times will be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]), or less. Clear signage will be provided at all access points to remind construction workers of idling restrictions.

OR 2.2: Construction equipment must be maintained per manufacturer’s specifications.

OR 2.3: Planning and Building staff will work with project applicants to limit GHG emissions from construction equipment by selecting one of the following measures, at a minimum, as appropriate to the construction project:
a. Substitute electrified or hybrid equipment for diesel - and gasoline - powered equipment where practical.
b. Use alternatively fueled construction equipment on -site, where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane, or biodiesel.
c. Avoid the use of on-site generators by connecting to grid electricity or utilizing solar-powered equipment.

Attachment 2

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d. Limit heavy-duty equipment idling time to a period of 3 minutes or less, exceeding CARB regulation minimum requirements of 5 minutes. [COA] [PLANNING]

DC-4. DUST CONTROL:

At all times, the Bay Area Air Quality Management District’s CEQA Guidelines and “Basic Construction Mitigation Measures Recommended for All Proposed Projects”, shall be implemented. [COA] [PLANNING]

AT: THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES

THAT THE USE PERMITTED BY THIS PLANNING APPLICATION OCCUPIES THE PREMISES.

AT-1. HOURS OF OPERATION:

Uses permitted as part of this application shall comply with the following hours of operation at all times:
a. General business hours for non-residential uses shall be limited to 6:00 a.m. to 2:00 a.m.; additional hours of operation for expanded holiday seasonal hours or "special sale events" may be considered through an MPP. More restrictive hours of operation may be imposed on specific uses requiring a MPP or Special Development Permit. More expansive hours for any non-residential use shall require a MPP. [COA] [PLANNING]

AT-2. DELIVERY HOURS:

Delivery hours for the approved use shall comply with SMC Section

19.42.030:
a. Delivery hours are limited to daytime (period from 7:00 a.m. to 10:00 p.m. daily) only.
b. Nighttime delivery (period from 10 p.m. to 7:00 a.m. daily) is prohibited. [SDR] [PLANNING]

AT-3. LOUDSPEAKERS:

Out-of-door loudspeakers are generally prohibited but may be considered subject to requirements of Sunnyvale Municipal Code Chapter 9.48. [COA] [PLANNING]

AT-4. EXTERIOR EQUIPMENT:

All unenclosed materials, equipment and/or supplies of any kind shall be maintained within approved encl osure area. Any stacked or stored items shall not exceed the height of the enclosure. [COA] [PLANNING]

AT-5. LANDSCAPE MAINTENANCE:

All landscaping shall be installed in accordance with the approved landscape plan and shall thereafter be maintained in a neat, clean, and healthful condition. Trees shall be allowed to grow to the full genetic height and habit Attachment 2

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(trees shall not be topped). Trees shall be maintained using standard arboriculture practices. [COA] [PLANNING]

AT-6. AWNINGS:

Fabric awnings shall be replaced at least every five (5) years. Any change of color, materials or design and are subject to review and approval by the Director of Community Development. [COA] [PLANNING]

AT-7. PARKING MANAGEMENT:

On-Site parking management shall conform with the approved park ing management plan. [COA] [PLANNING]

AT-8. PARKING GARAGE MAINTENANCE:

The parking garage shall be maintained in accordance with the approved plans and as follows:
a. Clearly mark and maintain all standard, compact, EV and ADA spaces.

These markings shall be specified on the Building Permit plans and completed prior to occupancy.
b. Maintain all parking striping and markings per City Standards. c. Assure that adequate lighting is available in parking garage to ensure safety and visibility.
d. Require and maintain signs to direct vehicles to additional parking spaces on-site, as needed.
e. Clearly mark all compact spaces as per approved plans. [COA] [PLANNING]

AT-9. OFF-STREET PARKING:

Off-street parking shall be maintained at all times in accordance with the approved Parking Management Plan. [COA] [PLANNING]

AT-10. BMP – STORMWATER MAINTENANCE:

The project applicant, owner, landlord, or OA, must properly maintain any structural or treatment control best management practices to be implemented in the project, as desc ribed in the approved Stormwater Management Plan and indicated on the approved building permit plans. [SDR] [PLANNING]

AT-11. BMP – STORMWATER RIGHT OF ENTRY:

The project applicant, owner, landlord, or OA, shall provide access to the extent allowable by law for representatives of city, the local vector control district, and the Regional Water Quality Control Board, strictly for the purposes of verification of proper operation and maintenance for the stormwater treatment best management practices contained in the approved Stormwater Management Plan. [SDR] [PLANNING]

AT-12. TENANT LEASE AGREEMENTS (COMMERCIAL):

Attachment 2

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Any new lease agreements shall include the following provisions:
a. Tenants shall be notified of their resp onsibility and shall agree to implement and manage the approved Transportation Demand Management Program.
b. Tenants shall be notified of their responsibility and shall agree to construct all tenant improvements to meet a minimum of LEED Gold standard (with efforts to achieve LEED Platinum standards) and maintain facilities consistent with LEED Gold standards (or LEED Platinum if feasible) and USGBC certification. [COA] [PLANNING]

AT-13. SERVICE ENTRANCES:

All service entrances shall remain closed when not used for the purposes of loading and unloading of vehicles and deliveries. Uses which generate noise shall keep doors closed. [COA] [PLANNING]

AT-14. SOLID WASTE RECYCLING MANAGEMENT:

Waste and recycling services shall be maintained under a master account held by the applicant, owner or landlord. The account holder will be responsible for ensuring adequate services and that all locations, private sidewalks and streets are kept free of litter and stains. Requirements shall be specified in the approved documents and be submitted for approval by the City. [COA] [ENVIRONMENTAL SERVICES]

Attachment 2

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MMRP
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300 S. Mathilda Ave

AIR QUALITY
Impact AQ-2: The
project would not
violate any air
quality standard or
contribute
substantially to an
existing or
projected air quality
violation with
mitigation
incorporated.

Less than
Significant Impact
with Mitigation
Incorporated
MM AQ-2.2: The development project shall
implement the below BAAQMD-recommended
measures to control dust, particulate matter, and
diesel exhaust emissions during construction.

This list of BAAQMD measures shall be
incorporated into the approved building plan set.

1. All exposed surfaces (e.g., parking areas,
staging areas, soil piles, graded areas, and
unpaved access roads) shall be watered two
times per day.

2. All haul trucks transporting soil, sand, or
other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent
public roads shall be removed using wet
power vacuum street sweepers at least once
per day. The use of dry power sweeping is
prohibited.

4. All vehicle speeds on unpaved roads shall be
limited to 15 miles per hour (mph).

5. All roadways, driveways, and sidewalks to be
paved shall be completed as soon as possible.

Building pads shall be laid as soon as possible
after grading unless seeding or soil binders
are used.

During
construction,
applicant and
their contractors
are responsible
for implementing
these measures.

All mitigation
measures shall be
printed on all
construction
documents,
contracts, and
project plans.

Community
Development
Director
Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

6. 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 measure Title 13,
Section 2485 of California Code of
Regulations). Clear signage shall be provided
for construction workers at all access points.

7. 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.

8. Post a publicly visible sign with the telephone
number and person to contact at the City
regarding dust complaints. This person shall
respond and take corrective action within 48
hours. BAAQMD’s phone number shall also
be visible to ensure compliance with
applicable regulations.

9. All exposed surfaces shall be watered at a
frequency adequate to maintain minimum soil
moisture of 12 percent. Moisture content can
be verified by lab samples or moisture probe.

Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

10. All excavation, grading, and/or demolition
activities shall be suspended when average
wind speeds exceed 20 mph and visible dust
extends beyond site boundaries.

11. Wind breaks (e.g., trees, fences) shall be
installed on the windward side(s) of actively
disturbed areas of construction adjacent to
sensitive receptors. Wind breaks should have
at maximum 50 percent air porosity.

12. Vegetative ground cover (e.g., fast-
germinating native grass seed) shall be
planted in disturbed areas as soon as possible
and watered appropriately until vegetation is
established.

13. The simultaneous occurrence of excavation,
grading, and ground-disturbing construction
activities on the same area at any one time
shall be limited. Activities shall be phased to
reduce the amount of disturbed surfaces at
any one time.

14. Avoid tracking of visible soil material on to
public roadways by employing the following
measures if necessary: (1) treat site accesses
to a distance of 100 feet from public paved
roads with a six to 12-inch compacted layer of
Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

15. Sandbags or other erosion control measures
shall be installed to prevent silt runoff to
public roadways from sites with a slope
greater than one percent.

16. Minimizing the idling time of diesel-powered
construction equipment to two minutes.

MM AQ-2.3: Prior to construction activities, the
project applicant(s) shall develop a plan
demonstrating that the off-road equipment (more
than 25 horsepower) to be used in the
construction project (i.e., owned, leased, and
subcontractor vehicles) would achieve a project
wide fleet-average 46 percent NOx reduction. The
300 Mathilda Avenue site shall demonstrate a 97
percent reduction compared to modeling results
in Appendix C of the EIR. Acceptable options for
reducing emissions include the use of late model
engines, low-emission diesel products, alternative
Prior to issuance
of grading and
demolition
permits,
applicant is
responsible for
developing a
plan for off-road
equipment as
specified in
mitigation
measure MM
All mitigation
measures identified
in the off-road
equipment plans
shall be printed on
all construction
documents,
contracts, and
project plans.

Community
Development
Director
Attachment 2

Page 32 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

300 MATHILDA AVENUE SPECIFIC DEVELOPMENT
Mitigation Monitoring and Reporting Program
Downtown Specific Plan Amendments and Specific Development Project Sunnyvale Planning Project #2017-8047 (Specific Plan Amendment) and #2016-7438, #2017-7848, #2017-7872 (Development Applications)
State Clearinghouse #2018052020
Impact Mitigation Measure(s)
Timeframe and
Responsibility
for
Implementation
Method of
Compliance
Oversight of
Implementation
fuels, engine retrofit technology, after-treatment
products, add-on devices such as particulate
filters, and/or other options as such become
available. The following feasible methods shall
be used unless an alternative plan that achieves
this requirement is submitted and approved by
the Community Development Department prior
to the issuance of the building permit and shall be
included in the approved plan set:

1. All construction equipment larger than 25
horsepower used at the site for more than two
continuous days or 20 hours total shall meet
EPA Tier 4 emission standards for NOx and
particulate matter, if feasible, otherwise,
a. All construction equipment larger
than 25 horsepower used at the site
for more than two continuous days or
20 hours total shall meet EPA
emission standards for Tier 3 engines
and include particulate matter
emissions control equivalent to
CARB Level 3 verifiable diesel
emission control devices that
altogether achieve an 85 percent
AQ-2.3, and
submitting the
plan to the City.

The City is
responsible for
reviewing the
adequacy of the
plans.

During
construction,
applicant and
their contractors
are responsible
for implementing
the measures
identified in the
plans.

Attachment 2

Page 33 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

300 MATHILDA AVENUE SPECIFIC DEVELOPMENT
Mitigation Monitoring and Reporting Program
Downtown Specific Plan Amendments and Specific Development Project Sunnyvale Planning Project #2017-8047 (Specific Plan Amendment) and #2016-7438, #2017-7848, #2017-7872 (Development Applications)
State Clearinghouse #2018052020
Impact Mitigation Measure(s)
Timeframe and
Responsibility
for
Implementation
Method of
Compliance
Oversight of
Implementation
reduction in particulate matter
exhaust; alternatively (or in
combination); or
b. Use of alternatively-fueled equipment
with lower NOx emissions that meet
the NOx and particulate matter
reduction requirements above.
c. For special exceptions, a waiver to
use other equipment for specialized
purposes would have to be obtained
from the City after review of
evidence that use of such equipment
meeting the above mitigation
requirements is not feasible.

2. Diesel engines, whether for off-road
equipment or on-road vehicles, shall not idle
for more than two minutes, except as
provided in exceptions to the applicable state
regulations (e.g., traffic conditions, safe
operating conditions). The construction sites
shall have posted legible and visible signs in
designated queuing areas and at the
construction site to clearly notify operators of
idling limit.

Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

3. All on-road heavy duty diesel trucks with a
gross vehicle weight rating of 33,000 pounds
or greater (EMission FACtors [EMFAC]
Category heavy-duty diesel truck [HDDT])
used at the six project sites (such as haul
trucks, water trucks, dump trucks, and
concrete trucks) shall be model year 2010 or
newer.

4. Provide line power to the sites during the
early phases of construction (demolition, site
preparation, grading/excavation, and
trenching) to minimize the use of diesel-
powered stationary equipment, such as
generators. Use of diesel powered-portable
equipment for the 300 Mathilda Ave site shall
be limited to 100 hours for generators, 100
hours for compressors and 100 hours for
cranes.

Attachment 2

Page 35 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

300 MATHILDA AVENUE SPECIFIC DEVELOPMENT
Mitigation Monitoring and Reporting Program
Downtown Specific Plan Amendments and Specific Development Project Sunnyvale Planning Project #2017-8047 (Specific Plan Amendment) and #2016-7438, #2017-7848, #2017-7872 (Development Applications)
State Clearinghouse #2018052020
Impact Mitigation Measure(s)
Timeframe and
Responsibility
for
Implementation
Method of
Compliance
Oversight of
Implementation
MM AQ-2.4: Approval of a TDM Plan to
reduced operational NOx emissions consistent
with City requirements. This Plan shall
demonstrate a minimum six percent overall
reduction in vehicle trips and shall be approved
by the Public Works Director or designee. For
buildings with an identified tenant, the project
applicant(s) shall submit to the City, and the City
approve, a TDM plan prior to issuance of
building permits. For buildings without an
identified tenant, the project applicant shall
submit, and the City approve, the TDM Plan prior
to the building occupancy. Potential measures in
the TDM plan can include, but are not limited to,
the following:

1. Unbundled parking

2. VTA SmartPass (formerly Eco Pass) for
residents

3. On-site bicycle repair station

4. A bike share program

5. An on-site TDM coordinator that would
provide rideshare matching services and
coordinate walking/biking groups for
residents
Prior to issuance
of building
permits,
applicant is
responsible for
preparing and
submitting a
TDM plan to the
City. The City is
responsible for
reviewing and
approving the
plan.

After issuance of
occupancy
permit, applicant
is responsible for
ensuring the
implementation
of the TDM plan
and submitting
TDM Status
City approved
TDM plan.

The TDM Status
Update Forms.

Public Works
Director
Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

6. An on-site transportation kiosk that would
provide information to residents and visitors
about multi-model wayfinding and transit
information

7. Caltrain Go Pass
Update Forms to
the City.

Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant Impact
with Mitigation
Incorporated
See mitigation measures MM AQ-2.2 through MM AQ-2.4 above Attachment 2

Page 38 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant
Cumulative
Impact with
Mitigation
Incorporated

See mitigation measures MM AQ-2.2 through MM AQ-2.4 above

BIOLOGICAL RESOURCES
Impact BIO-1:

The project would
not have a
substantial adverse
effect on species
MM BIO-1.1: When possible, construction shall
be scheduled to avoid the nesting season to the
extent feasible. The nesting season for most
birds, including most raptors, in the San
Applicant is
responsible for
ensuring
construction
activities avoid
All mitigation
measures shall be
printed on all
construction
documents,
Community
Development
Director
Attachment 2

Page 39 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant Impact
with Mitigation
Incorporated
Francisco Bay area extends from February 1
through August 31.

If it is not possible to schedule construction and
tree removal between September and January,
then pre-construction surveys for nesting birds
shall be completed by a qualified ornithologist to
ensure that no nests shall be disturbed during
project implementation. This survey shall be
completed no more than 14 days prior to the
initiation of grading, tree removal, or other
demolition or construction activities during the
early part of the breeding season (February
through April) and no more than 30 days prior to
the initiation of these activities during the late
part of the breeding season (May through
August).

During this survey, the ornithologist shall inspect
all trees and other possible nesting habitats within
and immediately adjacent to the construction area
for nests. If an active nest is found sufficiently
close to work areas to be disturbed by
the nesting
season to the
extent feasible.

Applicant is
responsible for
ensuring pre-
construction
surveys are
completed (as
described in
mitigation
measure MM
BIO-1.1) if
construction and
tree removal
occur between
September and
January. Any
construction
buffer zone must
be implemented
and maintained
contracts, and
project plans.

A final report of
nesting birds,
including any
protection
measures.

Attachment 2

Page 40 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

A final report of nesting birds, including any
protection measures, shall be submitted to the
Director of Community Development prior to the
start of grading or tree removal.
during
construction
activities.

Prior to the start
of grading or tree
removal,
applicant is
responsible for
submitting a final
report of nesting
birds to the City.

Impact BIO-C:

The project would
not have a
cumulatively
considerable
contribution to a
significant
cumulative
biological resources
impact with
See mitigation measure MM BIO-1.1 above
Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant
Cumulative
Impact with
Mitigation
Incorporated

CULTURAL RESOURCES
Impact CR-2: The
project would not
significantly impact
archaeological
resources, human
remains, or tribal
cultural resources
with mitigation
incorporated.

Less than
Significant Impact
MM CR-2.1: Mechanical presence/absence
exploration for Native American resources shall
be completed prior to development related
ground-disturbance or in conjunction with any
remediation efforts. This work shall be conducted
by an archaeologist who is trained in both local
prehistoric and historical archaeology. Exploring
for specific historic-era features shall consist of
creating shallow wide trenches down to the
historic surface based on areas identified from
historic-era maps. If any archaeological resources
or human remains are exposed, these shall be
Prior to ground-
disturbance or in
conjunction with
any remediation
efforts, applicant
is responsible for
having a
qualified
archeologist
complete
mechanical
presence/absence
All mitigation
measures shall be
printed on all
construction
documents,
contracts, and
project plans.

Community
Development
Director

Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

If archaeological deposits or features that appear
potentially eligible to the CRHR are identified
during exploration, an archaeological research
design and work plan shall be prepared. The plan
shall be designed to facilitate archaeological
excavation and evaluate any cultural resources
discovered to the CRHR to assess if any are
historic properties.

The project applicant shall notify the City of
Sunnyvale Community Development Director
who shall notify the applicable Native American
tribal representatives if any Native American
resources are identified during presence/absence
exploration.

exploration as
described in
mitigation
measure MM
CR-2.1.

Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

Prior to ground-
disturbing
activities,
applicant is
responsible for
having a
qualified
archaeologist or
qualified Native
American tribal
representative
and all
contractors
implement
mitigation
measure MM
CR-2.2.

All mitigation
measures shall be
printed on all
construction
documents,
contracts, and
project plans.

Community
Development
Director
MM CR-2.3: In the event that human remains
are discovered during excavation and/or grading
of the site, all activity within a 50-foot radius of
the find shall be stopped. The Santa Clara County
Coroner shall be notified and shall make a
determination as to whether the remains are of
If human remains
are found,
applicant and
their contractor
are responsible
for implementing
All mitigation
measures shall be
printed on all
construction
documents,
Community
Development
Director
Attachment 2

Page 44 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

If the remains are determined to be Native
American, the Coroner shall notify the NAHC
immediately. Once NAHC identifies the most
likely descendants, the descendants will make
recommendations regarding proper burial, which
will be implemented in accordance with Section
15064.5(e) of the CEQA Guidelines.

mitigation
measure MM
CR-2.3 at the
time of
discovery.

contracts, and
project plans.

Attachment 2

Page 45 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant
Cumulative
Impact with
Mitigation
Incorporated

See mitigation measures MM CR-2.1 through MM CR-2.3 above ENERGY
Impact EN-1: The
project would not
result in a
See mitigation measures MM AQ-2.2 through MM AQ-2.4 above Attachment 2

Page 46 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant Impact
with Mitigation
Incorporated

Attachment 2

Page 47 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant Impact
with Mitigation
Incorporated

See mitigation measure MM AQ-2.4 above
Impact EN-C: The
project would not
result in a
cumulatively
considerable
contribution to a
significant energy
impact with
See mitigation measures MM AQ-2.2 through MM AQ-2.4 above Attachment 2

Page 48 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant
Cumulative
Impact with
Mitigation
Incorporated

GREENHOUSE GAS
Impact GHG-1:

The project would
not generate GHG
emissions, either
directly or
indirectly, that may
have a significant
impact on the
environment with
mitigation
incorporated.

See mitigation measures MM AQ-2.2 and MM AQ-2.3 above
Attachment 2

Page 49 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

The project would
not conflict with an
applicable plan,
policy or regulation
adopted for the
purpose of reducing
the emissions of
GHGs with
mitigation
incorporated.

Less than
Significant Impact
with Mitigation
Incorporated

See mitigation measure MM AQ-2.4 above
Impact GHG-C:

The project would
See mitigation measures MM AQ-2.2 through MM AQ-2.4 above Attachment 2

Page 50 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant
Cumulative
Impact with
Mitigation
Incorporated

HAZARDS AND HAZARDOUS MATERIALS
Impact HAZ-1:

The project would
not create a
significant hazard
to the public or the
environment
through routine
MM HAZ-1.2: A SMP and Health Safety Plan
(HSP) shall be prepared and implemented for
construction-related earthwork activities under
the proposed project. The purpose of the SMP
and HSP is to establish appropriate management
practices for handling impacted soil, soil vapor,
and groundwater or other materials that may
Prior to
construction
activities,
applicant is
responsible for
implementing
mitigation
All mitigation
measures shall be
printed on all
construction
documents,
contracts, and
project plans.

Community
Development
Director;
RWQCB (or
similar oversight
agency)
Attachment 2

Page 51 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

potentially be encountered during construction
activities. The SMPs shall provide the protocols
for accepting imported fill materials and
protocols for sampling of in-place soil to facilitate
profiling of the soil for appropriate off-site
disposal or reuse.

To evaluate potential impacts associated with
prior on-site structures, the soil profiling shall
include (but not be limited to) the collection of
shallow soil samples (upper one-foot) and
analyses for lead and organochlorine pesticides.

If there are no contaminants identified on the 300
Mathilda Avenue project site that exceed
applicable screening levels published by the
RWQCB, DTSC and/or EPA, its SMP does not
need to be submitted to an oversight agency and
only submitted to the City prior to construction
earthwork activities. If contaminants are
identified at concentrations exceeding applicable
screening levels at the 300 Mathilda Avenue
project site, the SMP and planned remedial
measure MM
HAZ-1.2 and
prepare a SMP
and HSP.

During
construction,
applicant and
their contractors
are responsible
for implementing
the approved
SMP and HSP.

Project-specific
SMPs (approved
by the RWQCB or
similar oversight
agency) and HSPs.

Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

MM HAZ-1.6: Prior to commencement of
earthwork activities, geophysical surveys shall be
completed of the former gasoline service station
location to evaluate if USTs remain on the site. If
identified, the USTs shall be removed under
permit from the Sunnyvale Bureau of Fire
Services and underlying soil and groundwater
shall be sampled and evaluated for potential
contaminants of concern.

Prior to issuance
of grading
permit, applicant
is responsible for
implementing
mitigation
measure MM
HAZ-1.6.

All mitigation
measures required
shall be printed on
all construction
documents,
contracts, and
project plans.

Permit for UST
removal (if found)
from the
Sunnyvale
Department of
Public Safety,
Bureau of Fire
Services.

Bureau of Fire
Services
Attachment 2

Page 53 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

The project is not
located within the
vicinity of a private
airstrip and is
located within two
miles of a public
airport. The project
would not result in
a safety hazard for
people residing or
working in the
project area with
mitigation
incorporated.

Less than
Significant Impact
with Mitigation
Incorporated

MM HAZ-4.1: Prior to the issuance of a building
permit for above ground construction, if proposed
structures exceed the FAA Part 77 Surface, the
project applicant shall submit an FAA Form
7460-1 for the permanent structure prior to
submittal for the temporary construction
equipment (outlined in mitigation measure MM
HAZ-4.2 below). A “Determination of No
Hazard” or “Determination of No Hazard with
Conditions” shall be obtained prior to permit
issuance for any above ground improvements. If
a “Determination of No Hazard with Conditions”
is issued, the conditions shall be included on the
approved plan set and implemented.

Prior to issuance
of building
permit, if
structures exceed
the FAA Part 77
Surface,
applicant are
responsible for
submitting an
FAA form 7460-
1 for the
permanent
structure, as
detailed in
mitigation
measure MM
HAZ-4.1.

All mitigation
measures shall be
printed on all
construction
documents,
contracts, and
project plans.

Federal Aviation
Administration,
Community
Development
Director
MM HAZ-4.2: Prior to the issuance of a building
permit, if construction equipment has the
Prior to issuance
of grading,
All mitigation
measures shall be
Federal Aviation
Administration,
Attachment 2

Page 54 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

300 MATHILDA AVENUE SPECIFIC DEVELOPMENT
Mitigation Monitoring and Reporting Program
Downtown Specific Plan Amendments and Specific Development Project Sunnyvale Planning Project #2017-8047 (Specific Plan Amendment) and #2016-7438, #2017-7848, #2017-7872 (Development Applications)
State Clearinghouse #2018052020
Impact Mitigation Measure(s)
Timeframe and
Responsibility
for
Implementation
Method of
Compliance
Oversight of
Implementation
potential to exceed the FAA Part 77 Surface, the
project applicant shall submit an FAA Form
7460-1, “Notice of Proposed Construction or
Alteration” to the FAA at least 45 days (60 to 90
days recommended) prior to construction of the
project, which shall specify the equipment type
(e.g., crane) and duration to be used. An
Aeronautical Study Number for the permanent
structure shall be included in the submittal form.

A “Determination of No Hazard” or
“Determination of No Hazard with Conditions”
shall be obtained prior to permit issuance for
above ground activities. If a “Determination of
No Hazard with Conditions” is issued, all
conditions shall be included on the approved plan
set and implemented.
demolition, and,
building permits
and at least 45
days prior to
construction
activities, if
construction
equipment has
the potential to
exceed the FAA
Part 77 Surface,
applicant is
responsible for
submitting an
FAA form 7460-
1 for the
construction
equipment as
detailed in
mitigation
measure MM
HAZ-4.2.
printed on all
construction
documents,
contracts, and
project plans.

Community
Development
Director.

Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

The project would
not have a
cumulatively
considerable
contribution to a
significant
cumulative
hazardous materials
impact with
mitigation
incorporated.

Less than
Significant Impact
with Mitigation
Incorporated

See mitigation measures MM HAZ-1.2, MM HAZ-1.6, MM HAZ-4.1, and MM HAZ-4.2 above

NOISE AND VIBRATION
Impact NOI-1:

The project would
not result in the
exposure of persons
MM NOI-1.1: Prior to the issuance of building
permits, a qualified acoustical consultant shall
prepare a report documenting the projected
mechanical and emergency generator noise and
Prior to issuance
of building
permits,
applicant is
All mitigation
measures shall be
printed on all
construction
Community
Development
Director
Attachment 2

Page 56 of 69 ends

MMRP
2019-7923
300 S. Mathilda Ave

Less than
Significant Impact
with Mitigation
Incorporated

identify specific noise reduction measures
necessary to reduce noise to comply with the
City’s 50 dBA Leq nighttime residential noise
limit at the shared property lines. Noise reduction
measures could include, but are not limited to,
selection of equipment that emits low noise levels
and/or installation of noise barriers such as
enclosures and parapet walls to block the line of
sight between the noise source and the nearest
receptors. The specific equipment shall be
included on the approved building permit plan
set.
responsible for
retaining a
qualified
acoustical
consultant to
implement
mitigation
measure MM
NOI-1.1.
documents,
contracts, and
project plans.

Impact NOI-4:

The project would
result in a
MM NOI-4.1: Future development shall prepare
a noise control plan to be submitted for review
and approval by the City prior to construction.

Prior to the
construction,
applicant are
All mitigation
measures shall be
printed on all
Community
Development
Director
Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

Significant and
Unavoidable with
Mitigation
Incorporated
The noise control plan shall be included in the
approved building permit plan sets and address,
at a minimum, the following:

1. Equipment and trucks used for construction
shall use the best available noise control
techniques (e.g., improved mufflers,
equipment redesign, use of intake silencers,
ducts, engine enclosures, and acoustically
attenuating shields or shrouds).

2. Impact tools (e.g., jackhammers, pavement
breakers, and rock drills) used for
construction shall be hydraulically or
electrically powered wherever possible to
avoid noise associated with compressed air
exhaust from pneumatically powered tools.

3. Construct temporary noise barriers, where
feasible as determined by the City, to screen
stationary noise-generating equipment.

Temporary noise barrier fences would
provide a five dBA noise reduction if the
noise barrier interrupts the line-of-sight
between the noise source and receptor and if
the barrier is constructed in a manner that
eliminates any cracks or gaps.
responsible for
preparing noise
control plans
pursuant to
mitigation
measure MM
NOI-4.1 and
submitting the
plans to the City
for review and
approval.

During
construction,
applicant and
their contractors
shall be
responsible for
the measures in
the noise control
plan.
construction
documents,
contracts, and
project plans.

Attachment 2

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4. Unnecessary idling of internal combustion
engines shall be strictly prohibited.

5. Construction staging areas shall be
established at locations that would create
the greatest distance between the
construction-related noise sources and
noise-sensitive receptors nearest the project
site during all project construction. Locate
material stockpiles, as well as
maintenance/equipment staging and parking
areas, as far as feasible as determined by the
City, from residential receptors.

6. Control noise from construction workers’
radios to a point where they are not audible
at existing residences bordering the project
site.

7. Where feasible as determined by the City,
temporary power service from local utility
companies shall be used instead of portable
generators.

8. Locate cranes as far from adjoining noise-
sensitive receptors as possible.

9. During final grading, substitute graders for
bulldozers where feasible as determined by
Attachment 2

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300 S. Mathilda Ave

10. Substitute nail guns for manual hammering,
where feasible as determined by the City.

11. Avoid the use of circular saws, miter/chop
saws, and radial arm saws near the
adjoining noise-sensitive receptors. Where
feasible as determined by the City, shield
saws with a solid screen with material
having a minimum surface density of two
pounds per square feet (e.g., such as ¾-inch
plywood).

12. Maintain smooth vehicle pathways for
trucks and equipment accessing the site, and
avoid local residential neighborhoods as
much as possible.

13. During interior construction, the exterior
windows facing noise-sensitive receptors
shall be closed.

14. During interior construction, locate noise-
generating equipment within the building to
Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

15. The contractor shall prepare a detailed
construction schedule for major noise-
generating construction activities. The
construction plan shall identify a procedure
for coordination with adjacent residential
land uses so that construction activities can
be scheduled to minimize noise disturbance.

16. Designate a ”disturbance coordinator” who
would be responsible for responding to any
complaints about construction noise. The
disturbance coordinator would determine
the cause of the noise complaint (e.g., bad
muffler, etc.) and would require that
reasonable measures be implemented to
correct the problem. Conspicuously post a
telephone number for the disturbance
coordinator at the construction site and
include in it the notice sent to neighbors
regarding the construction schedule.

Impact NOI-C:

The project would
See mitigation measure MM NOI-1.1 and MM NOI-4.1 above
Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

Significant and
Unavoidable
Cumulative
Impact with
Mitigation
Incorporated

TRANSPORTATOIN/TRAFFIC
Impact TRN-1:

The project would
conflict with an
applicable plan,
ordinance, or policy
establishing
measures of
effectiveness for
MM TRN-1.1: Prior to issuance of
building permits, future development under the
proposed project shall pay a fair-share payment
contribution to VTA’s VTP 2040 Improvement
VTP ID H3: SR 237 Express Lanes (North First
Street to Mathilda Avenue). This improvement
would convert HOV lanes to express lanes on SR
Prior to issuance
of building
permits,
applicant is
responsible for
implementing
mitigation
measures MM
All mitigation
measures shall be
printed on all
construction
documents,
contracts, and
project plans.

Public Works
Director
Attachment 2

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MMRP
2019-7923
300 S. Mathilda Ave

300 MATHILDA AVENUE SPECIFIC DEVELOPMENT
Mitigation Monitoring and Reporting Program
Downtown Specific Plan Amendments and Specific Development Project Sunnyvale Planning Project #2017-8047 (Specific Plan Amendment) and #2016-7438, #2017-7848, #2017-7872 (Development Applications)
State Clearinghouse #2018052020
Impact Mitigation Measure(s)
Timeframe and
Responsibility
for
Implementation
Method of
Compliance
Oversight of
Implementation
the performance of
the circulation
system, taking into
account all modes
of transportation
including mass
transit and non-
motorized travel
and relevant
components of the
circulation system,
including but not
limited to
intersections,
streets, highways
and freeways,
pedestrian and
bicycle paths, and
mass transit with
mitigation
incorporated.

237 between North First Street and Mathilda
Avenue.

MM TRN-1.2: Intersection 55: De Anza
Boulevard/Homestead Road (Cupertino) – The
project shall pay its fair-share payment
contribution towards the addition of a third
westbound left-turn lane. This improvement can
be accommodated within the existing right-of-
way with modifications to the median and lane
widths.

MM TRN-1.3: Intersection 76: Lawrence
Expressway/Homestead Road (VTA/Santa Clara
County) – Santa Clara County’s Expressway Plan
2040 Study identifies an interim (near-term)
improvement that includes the addition of an
eastbound through lane on Homestead Road.

With this improvement, intersection operations
would improve, but the intersection would
continue to operate at LOS F under both
background and background plus project
conditions. The ultimate improvement identified
TRN-1.1 through
MM TRN-1.3.

Documentation of
fair share
contributions.

Attachment 2

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MMRP
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Impact TRN-2:

The project would
conflict with an
applicable
congestion
management
program, including,
but not limited to
level of service
standards and travel
demand measures,
or other standards
established by the
county congestion
management
agency for
designated roads or
See mitigation measures MM TRN-1.1 through MM TRN-1.3 above Attachment 2

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2019-7923
300 S. Mathilda Ave

Significant and
Unavoidable
Impact with
Mitigation
Incorporated

Impact TRN-C:

The project would
result in a
cumulatively
considerable
contribution to a
significant
transportation
impact with
mitigation
incorporated.

See mitigation measure MM TRN-1.2 above

MM TRN-C.1: Intersection 19: Hollenbeck
Avenue/Remington Drive – The project shall pay
its fair-share contribution towards restriping the
northbound and southbound approaches on
Hollenbeck Avenue to provide for a dedicated
left-turn and a shared through/right-turn lane.

This improvement would require parking
restrictions on east side of the northbound
approach and the west side of the southbound
approach for between 75 and 125 feet to
accommodate the striping of the dedicated left-
Prior to issuance
of building
permits,
applicant is
responsible for
implementing
mitigation
measures MM
TRN-1.1, and
MM TRN-C.1
through MM
TRN-C.7.

All mitigation
measures shall be
printed on all
construction
documents,
contracts, and
project plans.

Documentation of
fair share
contributions.

Public Works
Director
Attachment 2

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2019-7923
300 S. Mathilda Ave

MM TRN-C.2: Intersection 20: Hollenbeck
Avenue/Fremont Avenue – The project shall pay
its fair-share payment contribution towards
adding an eastbound right-turn lane from
Fremont Avenue onto southbound Hollenbeck
Avenue is required. A dedicated right-turn lane,
through lane, and a bike lane would require a
minimum width of 25 feet. The available width
between the number two through lane and the
curb is about 19 feet. This mitigation measure
would require removing the raised median on the
eastbound approach to allow for adequate ROW.

MM TRN-C.3: Intersections 29: Mathilda
Avenue/Washington Avenue and Intersection 30:

Mathilda Avenue/McKinley Avenue – The
project shall pay its fair-share payment
contribution to the City’s planned improvements
along Mathilda Avenue of providing bike lanes
Attachment 2

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300 S. Mathilda Ave

MM TRN-C.4: Intersection 33: Mathilda
Avenue/El Camino Real – The project shall pay
its fair-share payment contribution toward the
installation of a third eastbound left-turn lane.

MM TRN-C.5: Intersection 38: Washington
Avenue/Frances Street – The project shall pay its
fair-share payment contribution towards
converting the intersection to an all-way stop-
controlled intersection.

MM TRN-C.6: Intersection 52: Sunnyvale-
Saratoga Road/Remington Drive – The project
shall pay its fair-share payment contribution
towards the City’s TIF Program, specifically
towards the identified improvement of adding a
northbound right-turn lane from Sunnyvale-
Saratoga Road onto eastbound Remington Drive.

In addition, the project shall pay a fair-share
Attachment 2

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300 S. Mathilda Ave

MM TRN-C.7: Intersection 53: Sunnyvale-
Saratoga Road/Fremont Avenue – The project
shall pay its fair-share payment contribution to
the addition of a dedicated southbound right-turn
lane from Sunnyvale-Saratoga Road onto
westbound Fremont Avenue. The additional
southbound right-turn lane would require
modifying the bus duckout and northwest corner
at Sunnyvale-Saratoga Road and Fremont
Avenue.

MM TRN-C.8: Intersection 60: Fair Oaks
Avenue/Duane Avenue – The project shall pay its
fair-share payment contribution towards
providing a second westbound left-turn lane from

1 With the additional northbound right-turn lane, the intersection would improve from unacceptable LOS F to acceptable LOS E during the AM peak hour but would remain an unacceptable LOS F during the PM peak hour. This is consistent with the results presented in the TIF Nexus Study. A dedicated southbound right-turn lane would be needed to fully mitigate the impact. However, there are right-of-way constraints that limit the physical feasibility of the dedicated southbound right-turn lane. An additional southbound right-turn lane would require an additional 11 feet of right-of-way from existing properties along the west side of Mathilda Avenue.

Attachment 2

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This improvement requires modification to the
traffic signal and relocation of the bus stop on the
south side of Duane Avenue. The City, when
implementing this improvement, shall coordinate
with VTA to relocate the existing bus stop.

Attachment 2

Page 69 of 69 ends

Sunnyvale City CouncilFebruary 14, 2023

Sunnyvale City Council
February 14, 2023