Sunnyvale City Council
December 5, 2023

A TTACHMENT 4
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RECOMMENDED CONDITIONS OF APPROVAL AND

STANDARD DEVELOPMENT REQUIREMENTS

CITY OF SUNNYVALE CITY COUNCIL
DECEMBER 5, 2023
Planning Application
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Special Development Permit to demolish an existing surface parking lot at the rear of two existing office/R&D buildings and construct 225 apartment units at a density of 112.5 dwelling units per acre in an eight-story building inclusive of three levels of above-ground parking.

Tentative Parcel Map to relocate the existing lot line between the two office/R&D building lots, resulting in a 3.82-acre lot for the office/R&D buildings and a two-acre lot for the apartment development.

The following Con
ditions 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. Applicable mitigation measures are noted with “Mitigation Measure” and placed in the applicable phase of the project.

In addition to comp
lying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Permittee 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 application, 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]
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GC-2. ENTITLEMENTS—EXERCISE AND EXPIRATION:

The approved entitlements shall be null and void two years from the date of approval by the final review authority if the approval is not exercised, unless a written request for an extension is received prior to the expiration date and is approved by the Director of Community Development. [SDR] (PLANNING)

GC-3. INDEMNITY:

The applicant/developer shall defend, indemnify, and hold harmless the City, or any of its boards, commissions, agents, officers, and employees (collectively, "City") from any claim, action, or proceeding against the City to attack, set aside, void, or annul, the approval of the project when such claim, action, or proceeding is brought within the time period provided for in applicable state and/or local statutes. The City shall promptly notify the developer of any such claim, action or proceeding. The City shall have the option of coordinating the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney's fees and costs, and the City defends the action in good faith. [COA] [OFFICE OF THE CITY ATTORNEY]

GC-4. 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.

The 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-5. ON-SITE AMENITIES:

Swimming pools, pool equipment structures, play equipment and other accessory utility buildings, except as otherwise subject to Planning Commission review, may be allowed by the Director of Community Development subject to approval of design, location and colors. [COA] [PLANNING]

GC-6. BELOW MARKET RATE PROGRAM/CONDO CONVERSION:

Any future conversion of this apartment project into 8 or more condominium units for sale to individual home buyers will require compliance with SMC 19.67, Below Market Rate Ownership Housing, including the requirement to enter into a BMR Developer Agreement to provide BMR units, as well as compliance with SMC 19.70, regarding condominium conversion. [SDR] [PLANNING]
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GC-7. AFFORDABLE RENTAL HOUSING DEVELOPER AGREEMENT:

The Developer/Owner shall sign and submit to the City for recording a “Density Bonus Developer and Regulatory Agreement and Declaration of Restrictive Covenants” in a form provided by the City to secure the affordability restrictions applicable to the project. This agreement must be recorded before issuance of a building permit or recordation of a final map, whichever occurs first. [COA] [HOUSING]

GC-8. RECREATION FACILITIES:

The recreation facilities (pool and clubhouse) shall be installed in connection with the first phase and included on the building permit plans for the first phase. [COA] [PLANNING]

GC-9. STORMWATER MANAGEMENT PLAN:

Project is subject to Provision C3, of the Municipal Regional Stormwater Permit Order No. R2-2022-0018, as determined by a completed Stormwater Management Plan Data Form, and therefore must submit a Stormwater Management Plan as per SMC 12.60.210 prior to issuance of the building permit. [SDR] [PLANNING]

GC-10.

SB 330 PRELIMINARY APPLICATION:

In accordance with state law (SB 330, Housing Crisis Act of 2019), except as required to comply with the California Environmental Quality Act, the project shall be subject only to the ordinances, policies, and standards adopted and in effect when the project’s preliminary application was submitted (November 3, 2021).

Ordinances, policies, and standards includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of the City of Sunnyvale, as defined in Section 66000 of the Government Code, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions. In the case of a fee, charge, or other monetary exaction, the project is subject to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction. [COA] [PLANNING]

GC-11. FUTURE OFFICE/R&D SITE EXPANSION:

The relocated lot line associated with the approved Tentative Parcel Map results in an increased floor area ratio (FAR) for the existing office/R&D buildings on the northern lot. The FAR increases from 41 to 63% due to the smaller resulting lot size from 5.82 acres to 3.82 acres, even though the project does not include building area expansion. Any Attachment 4 Page 3 of 60
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future expansion of net new office, R&D, and/or industrial area on the northern lot is subject to a development agreement per SMC 19.35 and the remaining net new office/R&D/industrial capacity available in the Lawrence Station Area Plan (LSAP). [COA] [PLANNING]

GC-12. LSAP DEVELOPMENT INCENTIVES:

The approved project density is achieved through obtaining 30 points in the LSAP Development Incentives Program. The project shall include all identified incentives and retain for the life of the project. Proposed modifications and replacements shall be reviewed and approved by the Director of Community Development. [COA] [PLANNING]

GC-13. LSAP RESIDENTIAL CAPACITY ALLOCATION:

The project shall receive an allocation of 225 units from the LSAP Development Capacity without requiring additional environmental review. In the event this entitlement expires, this square footage shall be returned to the Development Capacity for use in other LSAP projects. [COA] [PLANNING]

GC-14. SIGNAGE:

Signage is not approved as part of this permit. Signage shall be reviewed with a separate sign permit. [COA] [PLANNING]

GC-15. SANTA CLARA VALLEY WATER DISTRICT (VALLEY WATER) CONDITIONS:

Valley Water records indicate that there are no wells within the property boundaries. While Valley Water has records for most wells located in the County, it is always possible that a well exists that is not in Valley Water’s records. If previously unknown wells are found on the subject property during development, they must be properly destroyed under permit from Valley Water or registered with Valley Water and protected from damage. For more information, call Valley Water’s Well Ordinance Program Hotline at (408) 630-2660.

In accordance with Valley Water’s Ordinance 90-1, permitting is required for any person digging, boring, drilling, deepening, refurbishing, or destroying a water well, cathodic protection well, observation well, exploratory boring (45 feet or deeper), or other deep excavation that intersects the groundwater aquifers of Santa Clara County. [COA] [PLANNING]

GC-16. RESIDENTIAL TRANSPORTATION DEMAND MANAGEMENT (TDM) PLAN:

The project is subject to the Multi-Family Residential Transportation Demand Management (TDM) Plan program per Chapter 19.45 of the Sunnyvale Municipal Code (SMC). The project must achieve the 12 Attachment 4 Page 4 of 60
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points as provided on the approved TDM program. Verification of compliance is subject to approval by the Director of Community Development prior to occupancy and shall be demonstrated (when applicable) on building permit plans. The Director may require the onsite TDM coordinator to send to the City annual confirmation that the specified TDM measures are provided to residents. [SDR] [PLANNING]

GC-17. PUBLIC IMPROVEMENTS:

The developer is required to install, per Sunnyvale Municipal Code Sections 18.08, all public improvements, which may include but not be limited to, curb & gutter, sidewalks, driveway approaches, curb ramps, street pavements, utility connections, meters/vaults, landscaping, signage, striping, street lights, etc.

All public improvements shall be designed and constructed in accordance with current City design standards, standard details and specifications, 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-18. 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 C3.0 and C4.0 of Preliminary Grading and Utility Plan dated 5/22/2023 are subject to change during the plan check process.

See Improvement Plan Checklist and Improvement Plan Submittal Checklist at the following 2 links:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1654 /637820856582800000
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1656 /638097347304330000
[SDR] [PUBLIC WORKS]

GC-19. 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] Attachment 4 Page 5 of 60
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GC-20. PARCEL MAP RECORDATION:

This project is subject to, and contingent upon the approval of a Tentative Parcel Map and recordation of a Parcel Map for a lot line adjustment purposes. The submittal, approval and recordation of the Parcel Map shall be in accordance with the provisions of the California Subdivision Map Act and Sunnyvale Municipal Code Title 18 Subdivision requirements. All existing and proposed property lines, easements, dedications shown on the Tentative Parcel Map are subject to City’s technical review and approval during the Parcel Map process prior to any grading or building permit. Sheet TM1.0 of Tentative Parcel Map submittal dated 5/22/2023 is subject to change during plan check process. [COA] [PUBLIC WORKS]

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

PS-1. 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]

PS-2. SANITARY SEWER ANALYSIS:

Prior to first off-site plan check submittal, submit a focused sanitary sewer analysis, to be reviewed and approved by the City, identifying the overall project impact to the City’s existing sanitary sewer main(s). This includes, but is not limited to, the following:
a) A detailed estimate of water consumption in gallons per day or estimate of sanitary sewer discharge in gallons per day; and
b) Any incremental impact that will result from the new project in comparison to the existing sewer capacity of the immediate downstream mainline as needed, and allocation of wastewater discharge from the project site to each of the proposed laterals. Any deficiencies in the existing system in the immediate vicinity of the project will need to be addressed and resolved at the expense of the developer as part of the off-site improvement plans. Sewer flow monitoring data may be required as needed. Any mitigation improvements needed shall be incorporated in the first plan check submittal. [COA] [PUBLIC WORKS]

MM: THE FOLLOWING CONDITION SHALL BE ADDRESSED AND

MITIGATION MEASURES NOTED FOR LSAP UPDATE/INTUITIVE
SURGICAL CORPORATE CAMPUS SEIR – MMRP AS RELEVANT TO

THIS PROJECT
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MM–1. MITIGATION, MONITORING & REPORTING PROGRAM (MMRP):

The project is subject to the applicable measures in the Mitigation and Monitoring Reporting Program (MMRP) as required in the Lawrence Station Area Plan (LSAP) Update/Intuitive Surgical Corporate Campus Subsequent Environmental Impact Report (SEIR). The MMRP has been included as Exhibit 1. [COA] [PLANNING/PUBLIC WORKS]

BP: THE FOLLOWING CONDITIONS SHALL BE ADDRESSED ON THE

CONSTRUCTION PLANS SUBMITTED FOR ANY DEMOLITION PERMIT,

BUILDING PERMIT, GRADING PERMIT, AND/OR ENCROACHMENT

PERMIT AND SHALL BE MET PRIOR TO THE ISSUANCE OF SAID
PERMIT(S).

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 number, 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]

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. DEMOLITION/CONSTRUCTION/RECYCLING WASTE REPORT FORM:

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To mitigate the impacts of large projects on local waste disposal, recycling levels and the migration of PCBs, demolition waste weights/volumes including hazardous waste manifests for applicable structures with PCB concentrations greater than 50 ppm, 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-6. 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-7. SOLID WASTE AND RECYCLING ENCLOSURES:

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

19.38.030. The solid waste disposal and recycling facilities within the enclosure area (for the office/R&D buildings) or within building (for residential) 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 as shown in the approved plan set;
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;
f) Shall be consistent with the approved Solid Waste and Recycling Management Plan;
g) Solid waste and recycling diversion systems shall be incorporated into the facilities and tenant improvements. [COA]
[PLANNING/ENVIRONMENTAL SERVICES]

BP-8. SOLID WASTE DISPOSAL PLAN:

A detailed recycling and solid waste disposal plan shall be submitted for review and approval by the Director of Environmental Services prior to issuance of building permit.

Residential Staging Area
Solid waste management plan for the residential bin and cart staging area shall provide three-sided structure of 6-foot tall “Representative Screening” as shown on pg. 6/11 of ATM narrative dated September 6, 2023. Roofing is required to screen area from high-rise apartments and may be of same foliage/fencing materials. Ceiling height may be lower than Attachment 4 Page 8 of 60
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9’2” as bins are temporarily stored. Provide name of “climber” foliage intended for fencing used for screening. Gates are not required for the residential screening area.

Office/R&D Enclosure
Office/R&D stress pad shall extend 2’9” from edge of enclosure to currently shown stress pad edge. Stress pads are required to protect surface from excessive weight and movement of bins in/out of enclosure for service. [COA] [PLANNING/ENVIRONMENTAL SERVICES]

BP-9. LSAP DEVELOPMENT INCENTIVES:

The project achieves the approved density through participation in the LSAP Development Incentives Program with 30 density incentive points identified. The following actions are required per the program for each identified incentive with review and approval by the Director of Community Development prior to building permit issuance:
a. Landscaped area exceeding 35% of site area (5 points). Identify the final location, dimensions, and square footages of landscaped areas on the project plans.
b. Bicycle parking, publicly-accessible, at least 20% more Class I spaces and 10 more Class II spaces beyond minimum (2 points). i. Provide final location and design details on the project plans. ii. Record a covenant on the title of the affected property in a form approved by the City Attorney’s Office, stating that the bicycle parking spaces are available for public use.
c. Gateway signage (5 points). Include the final location, design, and dimensions of the one gateway sign near Kifer Road and San Zeno Way on the project plans.
d. Wayfinding signage (2 points). Include the final locations, design, and dimensions of the wayfinding signs on the project plans. e. Installation of Level 2 electric vehicle charging stations (4 points). i. Identify the final locations on the project plans.
ii. Provide final design, dimensions, and quantities of the charging stations on the project plans.
iii. Identify the final locations of any above -ground utility equipment and include details on screening in addition to building code requirements.
f. Bicycle repair station (2 points).
i. Identify the final location and size on the project plans. ii. Provide a description of the tools and supplies to be provided, a means of providing access to all residents, and a plan for maintaining these tools and supplies.
g. Secondary bicycle/pedestrian pathway (shared-use path) (10 points).
i. Identify the final location and dimensions of the secondary pathways on the project plans.

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ii. Provide the final cross section of the secondary pathways on the project plans.
iii. Record a public access easement (in a form approved by the City Attorney’s Office) on the affected property stating that the secondary pathway is available for public bicycle and pedestrian ingress and egress; and that the perpetual maintenance of improvements within the easement area shall be the sole responsibility of the property owner.
iv. Either on the final map, public access easement, or a separate legal instrument, include language to allow adjacent property owners to connect to the secondary pathway when they redevelop their properties to form one continuous and uninterrupted thoroughfare over time. [COA] [PLANNING].

BP-10. EASEMENTS REQUIRED BY THE PLANNING DIVISION:

The property owner shall record appropriate easements or covenants running with the land, subject to the review and approval of the Director of Community Development and City Attorney for the following:
a) Easements/covenants associated with the LSAP development incentives listed in condition of approval BP-8.
b) Shared parking easement for users of the office/R&D lot to park within the residential lot’s parking structure.
c) Reciprocal pedestrian, bicycle, and automobile access between the office/R&D lot and residential lot.
d) Solid waste and recycling access and staging area for the residential use on the office/R&D lot. [COA] [PLANNING]

BP-11. FEES AND BONDS:

The following fees and bonds shall be paid in full prior to issuance of building permit. The mitigation fees are subject to Fiscal Year 2021-22 rates due to the SB 330 Preliminary Application (PLNG-2021-7828) submittal date of November 3, 2021.
a) TRANSPORTATION IMPACT FEE - Pay Traffic Impact fee of $479,250 for the net new units resulting from the proposed project ($2,130/unit), prior to issuance of a Building Permit. (SMC 3.50). [SDR] [PLANNING]
b) PARK IN-LIEU - Pay Park In-lieu fees of $11,353,478.40, prior to approval of the Final Parcel Map ($160/sq. ft. in an acre). (SMC

18.10). The 44 units designated as affordable housing are exempt from the fee. [SDR] [PLANNING]
c) LAWRENCE STATION AREA PLAN (LSAP) SENSE OF PLACE FEE - Prior to issuance of a building permit, pay the LSAP Sense of Place fee of $457,726.50 ($2,034.34/unit). [SDR] [PLANNING]
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d) LSAP RESIDENTIAL WASTEWATER FEE – Prior to issuance of a building permit, pay the LSAP Residential Wastewater fee of $167,627.25 ($745.01/unit). [SDR] [PLANNING]

BP-12. 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.

The rooftop exhaust fans and supply fans that project above the screening parapet or are not screened on all four sides shall be painted to match the parapet color or alternative color as determined by the Director of Community Development. [COA] [PLANNING]

BP-13. MECHANICAL EQUIPMENT (EXTERIOR):

Detailed plans showing the locations of individual exterior mechanical equipment/air conditioning units shall be submitted and subject to review and approval by the Director of Community Development prior to issuance of building permits. Proposed locations shall have minimal visual and minimal noise impacts to neighbors and ensure adequate usable open space. Individual exterior mechanical equipment/air conditioning units shall be screened with architecture or landscaping features. [PLANNING] [COA]

BP-14. LANDSCAPE PLAN:

Landscape and irrigation plans shall be prepared by a certified professional, and shall comply with Sunnyvale Municipal Code Chapter

19.37 requirements. Final landscape and irrigation plans are subject to review and approval by the Director of Community Development through the submittal of a Miscellaneous Plan Permit (MPP) prior to issuance of building permits. The landscape plan shall include the following elements:
a) All areas not required for parking, driveways or structures shall be landscaped.
b) Provide trees at minimum 30 feet intervals along side and rear property lines, except where mature trees are located immediately adjoining on neighboring property.
c) Ten percent (10%) shall be 24-inch box size or larger and no tree shall be less than 15-gallon size.
d) Any “protected trees”, (as defined in SMC 19.94) approved for removal, shall be replaced with a specimen tree per the City’s Tree Replacement Standards.
e) Ground cover shall be planted so as to ensure full coverage eighteen months after installation.

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f) Decorative paving as required by the Director of Community Development to distinguish entry driveways, building entries, pedestrian paths and common areas.
g) Provide a fifteen-foot deep band of decorative paving for the width of the private drive(s) immediately behind the public sidewalk. [COA] [PLANNING]

BP-15. 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]

BP-16. TREE PROTECTION PLAN:

Prior to issuance of a Demolition Permit, a Grading Permit or a Building 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 International 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 construction 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-17. STORMWATER MANAGEMENT CALCULATIONS:

Submit two copies of the City of Sunnyvale Stormwater Management Data Form prior to issuance of a Building Permit. [COA] [PLANNING]

BP-18. STORMWATER MANAGEMENT PLAN:

Submit two copies of a Stormwater Management Plan subject to review and approval by Director of Community Development and third party certification, pursuant to SMC 12.60, prior to issuance of building permit. [COA] [PLANNING/PUBLIC WORKS]

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BP-19. STORM WATER MANAGEMENT PLAN THIRD PARTY CERTIFICATION:

Third party certification of the Storm Water Management Plan is required per the following guidance: City of Sunnyvale – Storm Water Quality BMP Applicant Guidance Manual for New and Redevelopment Projects - Addendum: Section 3.1.2 Certification of Design Criteria Third-Party Certification of Storm Water Management Plan Requirements. The third-party certification shall be provided prior to building permit issuance. [SDR] [PLANNING/PUBLIC WORKS]

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 12.60.230. 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 Services Department, which may be reached by calling (408) 730-773-7717.
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.
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. CITY STREET TREES:

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

BP-22. SHARED-USE PATH CONNECTION:

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The new secondary shared-use path on the south side of the project site and its associated public access easement is required to connect to the path and public access easement at adjacent property at 1120- 1130 Kifer Road (APNs 205-50-045 and 205-50-046) in order to form one continuous and uninterrupted bicycle/pedestrian path from Santa Vittoria Terrace to San Zeno Way. [COA] [PLANNING/PUBLIC WORKS]

BP-23. IRREVOCABLE OFFER OF DEDICATION ALONG SAN ZENO WAY:

An Irrevocable Offer of Dedication is required along the San Zeno Way project frontage from the south property line running north towards the San Zeno and Kifer intersection, and part way around the corner to Kifer Road. Dedication will be for Santa Clara County’s grade separation project for Lawrence Expressway. Dedication area is shown on sheets C2.1 and TM1.0 dated 6/14/2023, prepared by BKF Engineers.

The City does not intend to accept the offer dedication until such time that the dedication area is needed to accommodate Santa Clara County’s Lawrence grade separation project and associated frontage improvements. City shall provide minimum 90 days notice to Property Owner upon its intent to accept the offer. Upon acceptance, and within the immediately following 90 days, City is subject to compensation to the Property Owner required by applicable law. City and Property Owner shall negotiate terms of the irrevocable offer of dedication subject to the approval of the Community Development Director. City and Property Owner will work cooperatively to submit, obtain, and issue an encroachment permit to cover removal and relocation of existing fences, signs, and if installed in the future, street furniture, sheds, and other similar Property-owned conflicting improvements in the dedication area. Property owner is not responsible for tree removal.

If parking in the dedication area needs to be reduced by City’s acceptance of the offer of dedication, Property Owner shall not be required to relocate parking spaces onsite to meet applicable land use regulations. Property owner will be responsible for all costs of encroachment permit, Planning permit (if necessary) and associated construction activity for removal and relocation of existing fences, signs, and other Property-owned conflicting structures and/or property-owned utilities in the dedication area.

The Irrevocable Offer of Dedication shall be recorded prior to the issuance of building permit, unless otherwise approved by the Department of Public Works. [COA] [PUBLIC SAFETY/PUBLIC WORKS]

BP-24. EXTERIOR LIGHTING PLAN:

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Prior to issuance of a Building Permit submit an exterior lighting plan, including fixture and pole designs, for review and approval by the Director of Community Development. Driveway, walkway, and parking area lights shall include the following:
a) Light-emitting diode (LED) bulbs and induction lighting of warm white color (with color temperatures ranging from 2700 to 3200 degrees Kelvin). Compact fluorescent and metal halide are acceptable alternatives if LED is not feasible. Other alternatives with an equivalent energy savings may also be considered.
b) Pole heights to be uniform and compatible with the areas, including the adjacent residential areas. Light standards shall not exceed 18 feet on private property.
c) Provide photocells for on/off control of all security and area lights. d) All exterior security lights shall be equipped with vandal resistant covers.
e) Wall packs shall not extend above the roof of the building. f) Lights shall have shields to prevent glare onto adjacent residential properties.
g) Lighting metalwork shall consist of dark colors that match other light poles in the area. Include an ultraviolet-protectant clear coating to prevent color fading. [COA] [PLANNING]

BP-25. ONSITE 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-26. PARKING MANAGEMENT PLAN:

A Parking Management Plan addressing the residential and office/R&D land uses is subject to review and approval by the Director of Community Development prior to issuance of a building permit. The Parking Management Plan shall include the following:
a) Site and floor plans of all parking spaces, including all the different types of parking – e.g. shared, residential-only, accessible, electric vehicle, car-share, bicycle.
b) Include counts of all automobile and bicycle parking. c) Shared parking information including:
i) Designated times for shared parking;
ii) Signage identifying shared spaces and where to access them; iii) How users can access the shared parking spaces;
iv) Entity responsible for managing shared parking and contact information;
v) Measures to ensure office/R&D users do not park in the residential-only spaces.

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vi) Measures to ensure residents vacate the shared spaces prior to 9 a.m.; and
vii) Enforcement measures for shared parking violations. d) Signage design and locations to direct traffic and pedestrians. e) Pedestrian circulation routes through parking areas to the intended land uses.
f) Safety and security plan that addresses lighting and maintenance of the parking area.
g) Unbundling information, if proposed. Every unit shall have the option to access at least one parking space.
h) Car sharing information, if proposed.
i) For the residential use, identify locations of guest/unassigned parking. Provide a clear definition of “guest” as proposed by the property manager and subject to review and approval by the Director of Community Development. Tenants shall use their assigned parking spaces prior to using unassigned parking spaces. j) Method to notify potential residents of the number of parking spaces provided for each unit onsite as per the approved plans. k) Employees shall be required to park onsite.
l) Allow the use of valet parking when appropriate on sites with limited parking. Valet parking is subject to the review of the Director of Community Development.
m) Prohibit tenants from parking RVs, trailers, or boats in assigned spaces. [PLANNING] [COA]

BP-27. BICYCLE SPACES:

For the residential use, provide 357 Class I and 22 Class II bicycle parking spaces; and for the office/R&D use provide 15 Class I and 29 Class II bicycle parking spaces per VTA Bicycle Technical Guidelines and as shown on the approved plans. Clearly indicate the location and the number of bicycle parking spaces on the Building Permit plans. Any proposed reductions shall be reviewed and approved by the Director of Community Development, but shall not be below the minimum required spaces as follows:
• Office/R&D: 14 Class I; 4 Class II
• Residential: 57 Class I; 15 Class II
[COA] [PLANNING]

BP-28. CAR SHARE/CARPOOL PARKING:

A total of 16 car share spaces for the office/R&D use shall be reserved and so marked in the closest possible rows adjoining the building (allowing for visitor, disabled and pool van parking) for exclusive use by car share/carpool vehicles carrying at least two employees per vehicle. [COA] [PLANNING]

BP-29. SOLAR ASSISTED HOT WATER:

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Solar-assisted hot water shall be provided for all swimming pools and spas and provide 70% of hot water needs for summer months. [SDR] [PLANNING]

BP-30. NOISE REDUCTION VERIFICATION:

The project acoustical consultant shall review the final construction drawings and confirm that all recommended measures to meet City of Sunnyvale noise standards for interior and exterior noise (including, but not limited to, sound walls, STC -rated windows and doors, habitable ventilation with windows closed, noise attenuation in roof, wall, and floor-to-ceiling construction) have been incorporated into the drawings. Additionally, the solid wall included on the fourth floor courtyard, south elevation shall remain for the project in order to meet General Plan levels for useable open space. [COA] [PLANNING]

BP-31. GREEN BUILDING:

The plans submitted for building permits shall demonstrate the project achieves a minimum of 90 points on the Green Point Rated checklist, or the minimum points required effective at the time of building permit submittal. The project plans shall be accompanied with a letter from the project’s Green Point Rater/LEED AP verifying the project is designed to achieve the required points. [COA] [PLANNING] [BUILDING]

BP-32. REACH CODES:

The residential building is subject to the City’s Reach Codes for new multifamily buildings – high rise. Prior to building permit issuance, the project green building professional shall confirm the construction plans are consistent with the Reach Codes. The following standards apply:
a) The new building shall be all-electric construction (no gas lines). All‐ electric appliances include heat pump water and space heaters, induction cooktops, electric clothes dryers, among others. b) A solar Photo Voltaic (PV) System of at least 5 megawatts shall be installed.
c) Electric vehicle (EV) infrastructure shall be installed. Due to the requested LSAP Development Incentive for EV parking, Level 2 EV charging stations (EVCS) must be installed for each of the required Level 2 EV-ready circuits (RC). Since the office and residential use will be sharing the parking structure, the most restrictive Reach Code EV parking requirements between the uses will apply. For offices, the Level 2 requirement is 35% EVCS, which is more restrictive than the 30% RC requirement for multifamily. The 70% Level 1 RC requirement for multifamily is more restrictive than the 35% C requirement for office. Therefore, the requirement for this project is 65% Level 1 RC and 35% EVCS for the 156 shared spaces in the parking structure. In order to obtain the density incentive, at least 35% EVCS (95 spaces) will need to be provided out of the 269 Attachment 4 Page 17 of 60
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total spaces in the structure. The 70% RC requirement for the 269 total spaces must also be met. [COA] [PLANNING] [BUILDING]

BP-33. BUILDING DIVISION CONDITIONS:

Prior to building permit issuance, the following Building Division Prevention conditions shall be satisfied:
a) Building Permits are required prior to start of any construction.

Submit building plans structural calculations, Title 24 energy calculations, Storm Water Management Plan, Storm Water Pollution Prevention Plan, and soils report to the One-Stop Permit Center.

This project will be submitted for a 21-day plan review. Contact One- Stop Permit Center for electronic submittal requirements. b) School impact fees will be due to the school districts prior to issuance of a building permit.
c) Provide approval letter from the Department of Environmental Health for the swimming pool prior to issuance of a building permit. d) Building Permit plans shall comply with the Sunnyvale Municipal Code and the version of the California Building, Residential, Electrical, Plumbing, Mechanical, Green Building, and Energy Codes in effect at the time of building permit submittal. e) Provide complete structural, electrical, plumbing, and mechanical, architectural, and civil plans for all on-site work. Off-site improvement plans shall be submitted to the Public
Works/Engineering division.
f) Note on plans whether the proposed multifamily development is private or public housing as defined in CBC Chapter 2. Public housing is subject to the requirements of both Chapter 11A and Chapter 11B.
g) Note on plans whether the proposed multifamily development receives tax credits from the California Tax Credit Allocation Committee. Projects that receive such tax credits shall be designed to meet Chapter 11B requirements as well as additional building code requirements by the program.
h) Provide allowable area and height analysis to confirm size and height of the building comply with the California Building Code based on the construction type and use.
i) Show compliance with Sections 602.1 and 705.8 of the CBC for protection of exterior wall and wall openings.
j) Provide complete floor plans that show the size, use, and occupancy classification of each room/area.
k) Provide an egress plan for the entire building showing egress from all rooms/spaces to the public right-of-way.
l) Per City of Sunnyvale's policy, occupant load in exercise spaces without equipment shall be calculated using occupant load factor of

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m) Occupant load for the outdoor terraces and decks shall be calculated using 15 occupant load factor. Provide adequate number of exits based on the calculated occupant load.
n) Once occupants exit from an interior space to an outdoor terrace, occupants shall not be required to reenter the building for final exiting to the level of exit discharge.
o) Cumulative occupant loads shall be used to determine number of required exits and exit width when path of egress includes intervening room per CBC 1004.2.
p) Provide a complete accessibility plan for the site and building based on chapter 11B of the CBC. The site plan shall show all accessible paths of travel throughout the site, between buildings, and from the public way.
q) In buildings where accessible floor is four or more stories above exit discharge level, at least one accessible egress elevator shall be provided and be served by standby power per CBC 1009.2.1. r) Provide accessible storage spaces on accessible path. s) Provide accessible mailboxes on accessible path.
t) Provide accessible parking spaces per CBC Ch 11A and/or Ch 11B as applicable.
u) Show the number of assigned parking spaces and the number of unassigned spaces. Provide adequate number of accessible parking spaces based on the assignment type. (assigned, unassigned, visitor and retail).
v) The disabled accessible parking spaces, including in the parking structure, shall have a minimum of 8'-2" headroom clearance at the spaces as well as the access to and from the spaces. This should be clear of all beams, plumbing, mechanical equipment, etc. w) Provide detectable warnings at locations where a pedestrian path adjoins a vehicular way. The detectable warnings shall not be placed in the vehicular way. Visually impaired individuals shall be warned before entering a vehicular way. (Parking levels)
x) Provide bollards spaced at no more than 5'-0" on center to protect exits from being blocked. (Parking levels)
y) The Sunnyvale Municipal Code requires all appliances to be electric in new buildings. Gas lines are prohibited.
z) The Sunnyvale Municipal Code requires a minimum 5-kilowatt solar photovoltaic system be installed in new buildings greater than 10,000 sq. ft in size. (Exception: As an alternative to a solar PV system, the building type may provide a solar hot water system (solar thermal) with a minimum collector area of 40 sq. ft., additional to any other solar thermal equipment otherwise required for compliance with the California Energy Code.)
aa) For parking spaces serving the residential units: The Sunnyvale Municipal Code requires 70% of the parking spaces to have an outlet Attachment 4 Page 19 of 60
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installed for a Level 1 electric car charger and the remaining 30% to have an outlet installed for a Level 2 electric car charger. bb) For parking spaces serving the retail spaces: The Sunnyvale Municipal Code requires 35% of the parking spaces be conduit capable for an electric car charger, 35% of the parking spaces be equipped with a Level 2 electric car charger, and 1% of the parking spaces be equipped with a Level 3 electric car charger. (Also see https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?t=5216

2.54&BlobID=27522)
cc) If EV chargers are installed, locations and dimensions for EV spaces shall comply with CalGreen sections 4.106.4.2.1 and 4.106.4.2.2 and CBC 11A & 11B as applicable.
dd) Provide a plumbing fixture count based on the California Plumbing Code chapter 4 and show the required number of plumbing fixtures.
ee) To satisfy CalGreen waste diversion requirement, construction and recycling waste weights and/or volumes shall be reported to the City using Sunnyvale.WasteTracking.com hosted by Green Halo. Provide justification that the project has been registered with Green Halo for construction waste tracking.
ff) Include the completed CALGreen , GreenPoint Rated and LEED checklists on the plans submitted for building permits. Add a note to the plan sheet where each item is referenced. Sample checklists are available on-
line at:
https://sunnyvale.ca.gov/business/environmental/building.htm

Ensure that the related plan sheets reflect all the requirements of the CALGreen, GreenPoint Rated and LEED as notes or are incorporated into the plans. Please be aware that a Green Point Rater and a LEED AP will be required to verify the Green Point Rated and LEED items are incorporated into the plans and also verify installation is complete prior to occupancy of any unit/building. gg) At the time of building permit submittal, provide Storm Water Management Plan and inlcude an approval letter (stamped and signed) from the qualified third party agency stating that the Storm Water Management Plan complies with the requirements of the Sunnyvale Municipal Code section 12.60. The qualified third party agency shall also review plans that may affect the Storm Water Management Plan (e.g. grading, utility, and landscape plans) and stamp the plans as "no conflict" with the Storm Water Management Plan.

The list of third party agencies qualified by the City of Sunnyvale is available on-line at:
http://sunnyvale.ca.gov/Departments/CommunityDevelopment/P ermits,PlanChecksandFees/StormWaterRequirements.

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hh) Please note that pile driving is not allowed in Sunnyvale due to noise impact on the surrounding neighborhood unless it is determined that alternatives to pile driving are infeasible. If pile driving is absolutely necessary, reduced construction hours will be placed on this activity. Please contact the Building Division as early as possible prior to permit application for further discussion if pile driving is being considered for this project. [COA] [BUILDING]

BP-34. FIRE PREVENTION CONDITIONS:

Prior to building permit issuance, the following Fire Prevention conditions shall be satisfied:
a) Comply with all applicable requirements of the Sunnyvale Municipal Code (SMC), California Fire Code (CFC), Title 19 California Code of Regulations, and Sunnyvale Fire Prevention
procedures/requirements.
b) An approved water supply capable of supplying the required fire flow (flow, pressure & duration) for fire protection and firefighting operations shall be provided to the premises via a separate fire service main per CFC Section 507. Based on construction Type IIIA of 195,516 sf over 161,010 Type IA a fire flow of 3,906 GPM for 4 hours required assuming 3 on-site and 2 off-site hydrants. A fire pump, if required to meet demand of the water based fire protection system design, shall be installed per CFC Section 913 and NFPA 20. c) The entire building shall be protected throughout with an approved automatic fire sprinkler system designed and installed in accordance with NFPA 13.
d) An approved fire alarm system installed in accordance to NFPA 72 is required per CFC/SMC 16.52.907.
e) New buildings four or more stories in height above grade plane are required to be provided with an approved stairway to the roof per CFC 1011.12.
f) Provide details related to building services and systems, including but not limited to, commercial kitchen hoods, fuel-fired equipment (generators, fire pumps, etc), elevator recall, and stationary battery systems.
g) All buildings shall have approved radio coverage for emergency responders in accordance with Section 510 of the California Fire Code and local standards. Radio retransmission equipment may be required in areas lacking sufficient coverage. Refer to SMC

16.52.230, Emergency Responder radio coverage and CFC Appendix J for additional details. (SMC 16.52.510.1.1)
h) Wherever a new structure obstructs the line of sight emergency radio communications to existing buildings or to any other locations, the developer of the structure is required to provide and install radio retransmission equipment necessary to restore communication capabilities. Such equipment shall be located in an Attachment 4 Page 21 of 60
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approved space or area within the new structure. (SMC

16.52.510.1.1)
i) Designated public assembly areas shall comply with requirements for Group A occupancies.
j) Provide automatic sprinkler protection for any storage areas within 5 feet (3048 mm) of the exterior building walls, roof overhangs, canopies or constitute an exposure to adjacent property per SMC

16.52.903.2 #8.
k) Comply with CBC 1009.2.1 Elevators required.
l) Provide two-way communication system per CBC 1009.8. m) Comply with gurney elevator requirements per CBC 3002.4. n) Knox boxes (key boxes) will be required in accordance with Sunnyvale DPS Requirements for Key Boxes.
o) Prior to any combustible construction or materials on site, provide fire access drives and operational on-site fire protection systems. p) Required means of egress during construction per SMC

16.52.3311.1. Each level above the first story in new multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed.

The stairways shall be continuous and discharge to grade level.

Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls and windows are in place. Exception: In new multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purpose of stairway construction (i.e. installation of gypsum board, painting, flooring, etc.).
q) Provide a written Fire Protection Construction Plan. r) Provide an approved electronic "Pre-Fire Survey" map prior to Public Safety Department final recommendation for Certificate of Occupancy.
s) Provide the required number of approved fire extinguishers, smoke detectors, and carbon monoxide detectors per CFC Section 906 & CFC Section 907. [COA] [FIRE PREVENTION]

BP-35. BUILDING ADDRESSING:

The building permit plans shall include the following address information as specified by the Department of Public Safety:
a) An address monument and complex map shall be erected which is illuminated during the hours of darkness and positioned so as to be readily readable from the street.
b) Address numbers shall be easily readable from the street with a minimum of 12" height.
c) Each distinct unit within the building shall have its address displayed on or directly above both the front and rear doors. [SDR] [PUBLIC SAFETY]

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BP-36. UNDERGROUND UTILITIES:

All utilities shall be undergrounded per Sunnyvale Municipal Code Chapter 19.38.095. [COA] [PLANNING/PUBLIC WORKS]

BP-37. QUITCLAIM EASEMENTS PRIOR TO BUILDING PERMIT ISSUANCE:

The two (2) existing 12’ x 284’ ingress/egress easements running north- south for the benefit of Parcels A and B shall be quitclaimed prior to issuance of the Building Permit.

The existing 10’ Pacific Gas & Electric easement shall be quitclaimed prior to building permit issuance, unless otherwise approved by PG&E. [COA] [BUILDING/PUBLIC WORKS]

BP-38. CONSTRUCTION MATERIAL AND STAGING:

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

BP-39. CONSTRUCTION MANAGEMENT PLAN:

The project applicant 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 through submittal of a Miscellaneous Plan Permit 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 sensitive 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.

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g) Manage construction parking so 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. h) Provide a temporary parking management plan for the
office/R&D building while existing parking is removed for the new residential building.
i) Prohibit unnecessary idling of internal combustion engine -driven equipment and vehicles.
j) 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.
k) 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 the 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-40. CONSTRUCTION AIR QUALITY MITIGATION MEASURES:

In accordance with LSAP Mitigation Measure 3.5.3a, prior to the issuance of grading or building permits, the Bay Area Air Quality Management District’s (BAAQMD) basic construction mitigation measures from Table 8-1 of the BAAQMD 2011 CEQA Air Quality Guidelines (or subsequent updates) shall be noted on the construction documents, including the following:
a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.
b) All haul trucks transporting soil, sand, or other loose material off- site shall be covered.
c) 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.
d) All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).
e) 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. f) All construction equipment shall be maintained and properly tuned in accordance with manufacturers’ specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

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g) A publicly visible sign shall be posted with the telephone number and person to contact at the lead agency regarding dust complaints.

This person shall respond and take corrective action within 48 hours. The BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. [COA] [MITIGATION MEASURE] [PLANNING]

BP-41. ARCHAEOLOGICAL RESOURCES:

In accordance with LSAP Mitigation Measure MM 3.10.2, prior to the issuance of grading or building permits, the project applicant is required to include information on the improvement plans that if, during the course of grading or construction, cultural resources (i.e. prehistoric or historic sites) are discovered, work will stop in that area and within 100 feet of the find until a qualified archeologist can assess the significance of the find and, if necessary, develop appropriate treatment measures as part of a treatment plan in consultation with the City and all other appropriate agencies. The treatment plan shall include measures to document and protect the discovered resource. Consistent with CEQA Guidelines Section 15126.4(b)(3), preservation in place will be the preferred method of mitigating impacts to the discovered resource.

Pursuant to Government Code Section 6254.10, information on the discovered resource shall be confidential. [COA] [MITIGATION MEASURE] [PLANNING]

BP-42. BAT SURVEY:

In accordance with LSAP Mitigation Measure MM 3.9.2, prior to the removal of trees or the demolition of buildings, a bat survey shall be performed by a qualified biologist no more than 3 days prior to the start of construction activities. If bat roosts are identified, the City shall require that the bats be safely flushed from the sites where roosting habitat is planned to be removed. If maternity roosts are identified during the maternity roosting season (typically May to September) they must remain undisturbed until a qualified biologist has determined the young bats are no longer roosting. If roosting is found to occur on-site, replacement roost habitat (e.g., bat boxes) shall be provided to offset roosting sites removed. If no bat roosts are detected, no further action is required if the trees and buildings are removed prior to the next breeding season.

If a female or maternity colony of bats is found on the project site, and the project can be constructed without the elimination or disturbance of the roosting colony (e.g., if the colony roosts in a large oak tree not planned for removal), a qualified biologist shall determine what buffer zones shall be employed to ensure the continued success of the colony.

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from the roost and/or the timing of the construction activities outside of the maternity roost season (after July 31 and before March 1).

If an active nursery roost is documented on-site and the project cannot be conducted outside of the maternity roosting season, bats shall be excluded from the site after July 31 and before March 1 to prevent the formation of maternity colonies. Nonbreeding bats shall be safely evicted, under the direction of a bat specialist. [COA] [MITIGATION MEASURE] [PLANNING]

BP-45. BIOLOGICAL RESOURCES—BIRD NESTING:

In accordance with LSAP Mitigation Measure 3.9.3, all construction and clearing activities shall be conducted outside of the avian nesting season (January 15 – August 31), when feasible. If clearing and/or construction activities occur during the nesting season, preconstruction surveys for nesting raptors, special-status resident birds, and other migratory birds protected by the Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of construction activities, tree removal, and/or site preparation involving removal of vegetation. The qualified biologist shall survey the construction zone and a 250 ft. radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds.

If an active nest is located within 100 feet (250 feet for raptors) of construction activities, the project applicant shall establish an exclusion zone (no ingress of personnel or equipment at a minimum radius of 100 feet or 250 feet, as appropriate around the next).

Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City shall be notified if altered exclusion zone widths are authorized by these agencies prior to the initiation of work. The exclusion zones shall remain in force until all young have fledged. [COA] [MITIGATION MEASURE] [PLANNING]

BP-46. DISCOVERY OF FOSSILS:

In accordance with LSAP Mitigation Measure 3.7.4, the project shall include information on the improvement plans that if, during the course of grading or construction fossils are discovered, work shall be halted immediately within 50 feet of the discovery, the City of Sunnyvale Community Development Department shall be notified, and the significance of the find and recommended actions are determined by a qualified paleontologist. In addition, prior to the commencement of a project site preparation, all construction personnel shall be informed of the potential to discover fossils and the procedures to follow. [COA] [MITIGATION MEASURE] [PLANNING]

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BP-47. PLAN FOR EFFECTIVE SITE MANAGEMENT CONTROLS:

In accordance with LSAP Mitigation Measure 3.8-1, prior to the issuance of grading or building permits, a plan for effective site management controls of soil, groundwater, and/or soil vapor intrusion or contamination, including a site health and safety plan and soil management plan for the use of the site shall be completed, consistent with applicable regulations and as formally approved by the Santa Clara County Department of Environmental Health, California Department of Toxic Substances Control (DTSC), or San Francisco Bay Regional Water Quality Control Board (RWQCB) (as appropriate) before initiation of construction activities. Deed restrictions governing the mitigation of any onsite conditions shall be recorded as required by the lead oversight agency for the site.

The improvement plans shall also include a statement if hazardous materials or contamination is discovered or suspected during construction activity, all work shall stop immediately until a qualified professional has determined an appropriate course of action. [COA] [MITIGATION MEASURE] [PLANNING]

BP-48. DEWATERING:

In accordance with LSAP Mitigation Measure 3.8-1, if temporary or permanent dewatering is required, prior to the issuance of grading or building permits, the applicant shall provide documentation that the San Francisco Bay RWQCB has approved of discharge to the sewer.

Discharge of any groundwater removed from a construction site to the El Camino Storm Drain Channel, Calabazas Creek, or storm drain shall be subject to City Water Pollution Control Permit requirements. [COA] [MITIGATION MEASURE] [PLANNING]

BP-49. CONSTRUCTION TRAFFIC CONTROL PLAN
In accordance with LSAP Mitigation Measure 3.3.5, prior to the issuance of grading or building permits, a Construction Traffic Control Plan shall be prepared for City review and approval. The plan shall include, but not be limited to, schedule of construction and anticipated methods of handling traffic for each phase of construction to ensure the safe flow of traffic and adequate emergency access, including maintaining an open lane for vehicle travel at all times. All traffic control measures shall conform to City of Sunnyvale, Santa Clara County, and/or Caltrans standards, as applicable. The improvement plans shall specify the requirement to implement the construction traffic control plan.
[COA] [MITIGATION MEASURE] [PLANNING/PUBLIC WORKS]

BP-50. CONSTRUCTION NOISE MITIGATION MEASURES
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In accordance with LSAP Mitigation Measure 3.6.4, the project shall employ site-specific noise attenuation measures during construction to reduce the generation of construction noise. These measures shall be included in a noise control plan that shall be submitted for review and approval by the Director of Community Development. Measures specified in the noise control plan and implemented during construction shall include, at a minimum, the following noise control strategies:
a) 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); b) 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; and c) Stationary noise sources shall be located as far from adjacent receptors as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or include other measures.
d) Pile-driving is prohibited unless authorized by the Director of Community Development. If authorized, noise and vibration reducing pile-driving techniques shall be employed during construction and will be monitored to ensure no damage to nearby structures occurs (i.e., vibrations above peak particle velocity (PPVs) of 0.25 inches per second at nearby structures). These techniques shall include:
- Installing intake and exhaust mufflers on pile-driving equipment; - Vibrating piles into place when feasible, and installing shrouds around the pile-driving hammer where feasible as determined by the Director of Community Development;
- Implementing “quiet” pile-driving technology (such as pre-drilling of piles and the use of more than one pile driver to shorten the total pile driving duration), where feasible, in consideration of geotechnical and structural requirements and conditions; - Using cushion blocks to dampen impact noise, if feasible based on soil conditions as determined by the Director of Community Development. Cushion blocks are blocks of material that are used with impact hammer pile drivers. They consist of blocks of material placed atop a piling during installation to minimize noise generated when driving the pile. Materials typically used for cushion blocks include wood, nylon and micarta (a composite material); and
− At least 48 hours prior to pile-driving activities, notifying building owners and occupants within 600 feet of the project area of the Attachment 4 Page 28 of 60
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dates, hours, and expected duration of such activities. [COA] [MITIGATION MEASURE] [PLANNING]

BP-51. LSAP AIR QUALITY MITIGATION MEASURES
The project is subject to all applicable air quality mitigation measures in the 2016 LSAP EIR and 2021 LSAP SEIR. [COA] [MITIGATION MEASURE] [PLANNING]

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

EP-1. LAWRENCE STATION AREA PLAN:

This project is in the Lawrence Station Area Plan (LSAP) adopted September 14, 2021, therefore, the developer shall comply with any applicable design requirements as identified in the LSAP or as amended and approved by the City. [COA] [PUBLIC WORKS]

EP-2. COMPLETE OFF-SITE IMPROVEMENT PLAN SET:

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, traffic signal plans and traffic control plans shall be submitted as part of the first off-site improvement plans, including on-site and off-site engineering cost estimate and the initial Engineering 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 C 3.0 and C4.0 of Preliminary Improvement Plan – Grading and Utility Plan dated 5/22/2023 are subject to change during plan check process. See Improvement Plan Checklist and Improvement Plan Submittal Checklist at the following 2 links:
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1654 /637820856582800000
https://www.sunnyvale.ca.gov/home/showpublisheddocument/1656 /638097347304330000
[COA] [PUBLIC WORKS]

EP-3. UPGRADE OF EXISTING PUBLIC IMPROVEMENTS:

As part of the off-site improvement plan review and approval, any 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]

Attachment 4 Page 29 of 60
ATTACHMENT 4
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EP-4. BENCHMARKS:

The improvement plans shall be prepared by using City's latest benchmarks (NAVD88) available on City's
website sunnyvale.ca.gov/home/showpublisheddocument/1590/637 997914061100000 Plans based on NGVD29 will not be accept ed. [COA] [PUBLIC WORKS]

EP-5.

UTILITY CONNECTION:

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

EP-6. UTILITY CONNECTION TO THE MAIN:

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 mainline 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 Sancon calcium aluminate cementitious mortar coating of the interior. [SDR] [PUBLIC WORKS]

EP-7. POTHOLING OF EXISTING UTILITIES:

Concurrent with the initial submittal of off-site improvement plans, obtain an encroachment permit for potholing purposes to locate existing utilities. Use pothole information to identify possible conflicts between existing utilities and proposed new dry utilities, sewer and storm drain laterals, and water laterals 4” and larger. Potholing shall be performed during design after proposed locations of new laterals are not likely to change. Accurate elevations and locations of existing crossings shall be shown in profiles along gravity or pressure laterals 4” and larger. It is strongly recommended that both the top and bottom elevations of fiber and electrical duct banks are potholed. [COA] [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]
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ATTACHMENT 4
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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 the 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 of existing City water service laterals is not allowed. Existing sewer laterals must be abandoned or replaced unless the City allows them to be re-used. To propose re-use, the applicant shall submit CCTV video of the lateral to the City. The beginning of the video must show the front of the property to confirm its location before insertion into the pipe. Video must extend from the cleanout to the main.

Camera may not be submerged at any time, and must include a footage counter. If the City feels that the lateral is in acceptable condition, and has no significant sags, damage, or root intrusion, the City may allow it to be re-used. The City may also require CCTV for proposed re-use of an existing storm drain lateral, on a case by case basis. Sheets C3.0 and C4.0 of Preliminary Grading and Utility Plan dated 5/22/2023 are subject to change during plan check process. [COA] [PUBLIC WORKS]

EP-13. SEPARATE AND INDEPENDENT UTILITY SERVICE LINES:

New building shall have separate and independent utility service lines tapped to the main. [COA] [PUBLIC WORKS]

EP-14. SEPARATE DOMESTIC/FIRE PROTECTION SERVICE LINE:

Provide separate fire and domestic service lines to each building.

Provide separate fire service tap(s) to the street main for on-site fire hydrants. Install reduced pressure detector assembly (RPDA) behind Attachment 4 Page 31 of 60
ATTACHMENT 4
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the street right-of-way. [COA] [PUBLIC WORKS/PUBLIC SAFETY-FIRE PREVENTION]

EP-15. PUBLIC FIRE HYDRANTS AND FIRE HYDRANT LATERALS:

Remove and replace existing fire hydrant (FH) barrels and existing fire hydrant lateral(s) along the entire project frontage with Clow 75 for mains 8” and smaller, and Clow 865 for mains 10” and larger. New fire hydrant laterals and barrels must be located outside of existing and proposed tree driplines, or as determined by Department of Public Works. Hydrants shall be located per City standard detail 2B and 2B-

2. Public fire hydrants shall be maintained a minimum of 3 horizontal feet from trees, vines, shrubs, bushes, and other obstacles. [COA] [PUBLIC WORKS/PUBLIC SAFETY-FIRE PROTECTION]

EP-16. DOMESTIC WATER SERVICE LATERAL:

Install two (2) new radio-read domestic water meter(s) and two (2) reduced pressure principle assembly (RPPA) backflow preventer(s) (BFP) at the domestic water lateral in accordance with current City standards or as determined by the City during off-site review. BFPs must adhere to the City’s Cross-Connection Control Program. A backflow installation permit and tag(s) are required. For water meter size two (2) inch or larger, provide meter sizing calculations to the Department of Public Works for approval of meter size. For domestic water meters 3” and larger, provide 2 mainline isolation valves immediately adjacent to the water lateral (3 valves connected to the tee).

Sheet C4.0 of Preliminary Utility Plan dated 5/22/2023 is subject to change during plan check process. [COA] [PUBLIC WORKS]

EP-17. IRRIGATION WATER SERVICE LATERAL:

Install new radio-read irrigation water meter(s) and reduced pressure principle assembly (RPPA) backflow preventer(s) (BFP) at each irrigation lateral in accordance with current City standards. BFPs must adhere to the City’s Cross-Connection Control Program. A backflow installation permit and tag(s) are required.

All landscape and irrigation systems, located in the public park strip areas, shall be connected to the water system metered to the property owner. Install backflow preventer enclosure where applicable. BFPs must adhere to the City’s Cross-Connection Control Program. A backflow installation permit and tag(s) are required. [COA] [PUBLIC WORKS]

EP-18. SEWER ACCESS STRUCTURE AT UPSTREAM END OF LATERAL:

For all sewer laterals 6” and larger, install a new manhole immediately inside private property and outside of any easement. For 4” laterals, install a cleanout at the same location. [SDR] [PUBLIC WORKS] Attachment 4 Page 32 of 60
ATTACHMENT 4
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EP-19. NEW SEWER LATERAL CCTV VIDEO:

The contractor shall provide a CCTV video of new sewer laterals. Video must clearly show the front of the property before camera is inserted into the pipe. [COA] [PUBLIC WORKS]

EP-20. SANITARY SEWER AND STORM DRAIN TRIBUTARY PATTERN:

This project is required to follow the existing sanitary sewer and storm drain tributary pattern. Any deviations would require additional analysis and subject to approval by the Public Works Department 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-21. STORM DRAIN DESIGN:

Provide storm drain hydrology and hydraulic calculations based upon a 10-year storm event to justify the size of the storm drain lateral flowing full. The new storm drain lateral shall be 12 inches and the main line shall be minimum 15 inches diameter in the public right-of- way. [COA] [PUBLIC WORKS]

EP-22. CATCH BASIN TRASH CAPTURE DEVICES:

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 responsible 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 Services Department by calling 408-730-7738. [COA] [PLANNING/ENVIRONMENTAL SERVICES/PUBLIC WORKS]

EP-23. UTILITY METER/VAULT:

No existing or new utility meters or vaults shall be located within the 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-24. STREET LIGHTS:

Replace all existing streetlight conduits, wires and pull boxes with new ones along the San Zeno Way frontage (3 total) at 160-165 foot spacing and the Kifer Road frontage (4 total) at 140 foot spacing to the end of the system per City’s Lawrence Station Area Plan standards.

For the pedestrian path along the southern project boundary, developer shall install pedestrian scale lighting/bollards to meet the following photometric requirements: 0.4 fc AVG with 4.0 Uniformity Ratio.

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Submit separate streetlight plans concurrently with the off-site improvement plan review to include installation of new conduits, existing and/or new locations of power source connection and new service pedestal, conductors, pull boxes, voltage drop and load calculations, 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-25. DRIVEWAY APPROACHES:

Remove existing driveway approaches and install new driveway approaches per City Standard detail 6C-1 along the project frontage to comply with Americans with Disabilities Act (ADA) requirements and City standard details and specifications. All unused driveway approaches shall be replaced with new curbs, gutters, and sidewalks per current City standards. [SDR] [PUBLIC WORKS]

EP-26. STREETSCAPE IMPROVEMENTS:

Along project frontage on San Zeno Way, remove existing concrete sidewalk. Existing curb and gutter may remain. Install an attached 6’ wide sidewalk (not including 6-inch curb). Preserve existing trees.

Along project frontage on Kifer Road, remove all existing concrete sidewalk. Existing curb and gutter may remain. Install an attached 6’ wide sidewalk (not including 6-inch curb). Preserve existing trees.

The perpetual maintenance of sidewalk improvements along the project frontages shall be the sole responsibility of the property owner [SDR] [PUBLIC WORKS]

EP-27. ROOT BARRIER:

Install a continuous root barrier along new sidewalk adjacent to City trees per City standard details and specifications. [SDR] [PUBLIC WORKS]

EP-28. DECORATIVE PAVEMENT:

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Any and all proposed decorative pavement and vertical curb pertaining to on-site development shall not be located within the City right-of-way. [COA] [PUBLIC WORKS]

EP-29. 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. [COA] [PUBLIC WORKS]

EP-30. 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-31. CURB RAMP:

Remove the existing curb ramp and replace with a new curb ramp at the southwest corner of Kifer Road and San Zeno in accordance to the latest City standard details, specifications and Americans with Disabilities Act (ADA) requirements. Add new truncated domes to the pork chop island at this same corner. The curb ramp to the east side of this crosswalk is in County of Santa Clara right-of-way. 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-32. SLURRY SEAL:

Developer shall be responsible to install Type II slurry seal on San Zeno Way from lip of gutter to lip of gutter along project frontage, from south property line of lot 1 to edge of the through the edge of crosswalk at Kifer and San Zeno. Sheets C4.0 and C5.0 of Preliminary Grading and Utility Plan dated 06/14/23 are subject to change during plan check process. [COA] [PUBLIC WORKS]

EP-33. PROTECTION OF EXISTING TREES:

No utility trench shall be allowed within 15’ radius of an existing mature tree. Boring, air spade or other excavation method as approved by the City Arborist shall be considered to protect existing mature tree.

Consult with the City Arborist prior to adjusting locations of utility lines. [SDR] [PUBLIC WORKS]

EP-34. DAMAGE TO EXISTING PUBLIC IMPROVEMENTS:

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ATTACHMENT 4
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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, traffic detector loops, and traffic signal conduits shall be protected in place during construction. Any damaged streetlight conduits, streetlight wires, streetlight pull boxes, traffic detector loops, and traffic signal conduits shall be replaced within 7 days at the expense of the developer. [COA] [PUBLIC WORKS]

EP-35. SHARED-USE PATH/EVA ACCESS:

Developer shall provide a shared-use path/EVA access along the south project boundary similar to the property west of this project site.

Developer shall install removable bollards on the path near San Zeno Way. The shared-use path, the EVA access and the driveway and the driveway shall comply with the latest City Standards. For the EVA access, construct mountable curb per City Standard 15C-3.

EP-36. VTA COORDINATION:

There are existing VTA bus stops fronting the site. Developer shall notify VTA of the proposed improvement plans to determine if any VTA routes will be impacted during construction. Developer shall work directly with VTA on these construction impacts by emailing [email protected] or calling 408-321-5800 a minimum of 2 business days in advance to work at the bus stop area. For impacts that require removal of a shelter during construction, a minimum of 2 weeks’ notice is required. For street closures, a week advance notification is required to reroute buses. For impacts to a concrete bus pad, a minimum of 2 weeks is required to obtain a VTA permit. [COA] [PUBLIC WORKS]

EP-37. APPROVAL FROM OTHER AGENCIES:

This project requires approval, in the form of a letter or permit, from the County of Santa Clara for any and all improvements within County right-of-way. [COA] [PUBLIC WORKS]

EP-38. 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] (SMC 13.08.160(a))

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TM: THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE
APPROVAL OF THE FINAL MAP OR PARCEL MAP.

TM-1. PARCEL MAP COMPLIANCE WITH TENTATIVE PARCEL MAP FOR LOT LINE ADJUSTMENT PURPOSES:

The Parcel Map shall be substantially the same as the Tentative Parcel map. Any alteration of the Tentative Parcel Map after the Tentative Parcel Map is approved is subject to additional approval by the City and may require a public hearing. Sheet TM1.0 of Tentative Parcel Map submittal dated 6/14/2023 is subject to change during plan check process. [COA] [PLANNING/PUBLIC WORKS]

TM-2. TITLE 18 AND SUBDIVISION MAP ACT:

The submittal, approval and recordation of the Parcel Map shall be in accordance with the provision of the California Subdivision Map Act and Sunnyvale Municipal Code Title 18 Subdivision requirements. [COA] [PUBLIC WORKS]

TM-3. RESERVATION/ABANDONMENT OF EASEMENTS:

Reservation of new and/or abandonment of existing public/private utility easement(s), ingress/egress easement(s) necessary for the project shall be delineated on the map or recorded concurrently with the map with a separate instrument. (SMC 18.16.010 (c), Subdivision Map Act §66475 and §66499.20-1/2 for public easements)
Quitclaim
deed is required for abandonment of private easements prior to map recordation. All easements shall be kept open and free from buildings and structures of any kind except those appurtenances associated with the defined easements. [COA] [PUBLIC WORKS]

TM-4. EMERGENCY VEHICLE ACCESS EASEMENT:

This project requires a minimum 26’-wide dedication of an emergency vehicle ingress and egress easement on and over private roadways. [COA] [PUBLIC SAFETY/PUBLIC WORKS]

TM-5. PUBLIC ACCESS EASEMENT:

Developer shall dedicate a minimum 22-foot-wide public access easement along the south side of the parcel from San Zeno Way running west to the neighboring property at 1130 Kifer Road for future connection from San Zeno Way to Santa Vittoria Terrace as shown on sheet TM1.0 dated 6/14/2023. [COA] [PUBLIC WORKS]

TM-6. UTILITY COMPANY APPROVAL:

Obtain map approval letters from the utility companies in regards to any existing or new easements associated with their facilities. [COA] [PUBLIC WORKS]
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TM-7. PUBLIC WORKS DEVELOPMENT FEES:

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

TM-8. SUBDIVISION IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES:

The developer shall execute a subdivision improvement agreement and provide improvement securities and/or cash deposit(s) for all proposed public improvements prior to map recordation or any permit issuance, whichever occurs first. Provide an itemized engineer's estimate for all off-site public improvements for the entire project for determination of security amount. [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. LSAP DEVELOPMENT INCENTIVES:

The project achieves the approved density through participation in the LSAP Development Incentives Program with 30 density incentive points identified. The following shall be completed per the program prior to final occupancy to the satisfaction of the Director of Community Development:
a. Landscaped area exceeding 35% of site area (5 points). Completion of landscaped areas with inspection by the City.
b. Bicycle parking, publicly-accessible, at least 20% more Class I spaces and 10 more Class II spaces beyond minimum (2 points).

Install the bicycle parking spaces with inspection by the City. c. Gateway signage (5 points). Install the gateway sign with inspection by the City.
d. Wayfinding signage (2 points). Install the wayfinding signs with inspection by the City.
e. Installation of Level 2 electric vehicle charging stations (4 points).

Installation of all charging stations and screening for any above-ground utility equipment, with inspection by the City.
f. Bicycle repair station (2 points). Install the bicycle parking spaces with inspection by the City.
g. Secondary bicycle/pedestrian pathway (shared-use path) (10 points). Completion of the secondary pathway and associated striping, Attachment 4 Page 38 of 60
ATTACHMENT 4
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landscaping, lighting, and amenities with inspection by the City. [COA] [PLANNING].

PF-2. COMPLETION OF PUBLIC IMPROVEMENTS:

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

PF-3. NEW EASMENTS ONSITE:

Any new easements required shall be either shown on the recorded final map or on a separate recorded instrument deemed necessary by the Director of Community Development or Director of Public Works prior to any building occupancy. [COA] [PLANNING] [PUBLIC WORKS]

PF-4. LANDSCAPING, IRRIGATION, AND COMMUNITY ROOMS:

All landscaping, irrigation, and required community rooms/clubhouses as contained in the approved building permit plan shall be installed prior to occupancy. [COA] [PLANNING]

PF-5. PARKING LOT STRIPING:

All parking lot striping, including car share and electric vehicle spaces shall be striped as per the approved plans and Public Works standards. [COA] (PLANNING/ENGINEERING)

PF-6. NOISE REDUCTION VERIFICATION:

Following construction completion, the project acoustical consultant shall measure interior and exterior noise levels to confirm they are within allowable City of Sunnyvale noise standards and submit a report to the Director of Community Development prior to occupancy. If noise levels exceed allowable standards, the project applicant shall work with the project acoustical consultant on a compliance plan to reduce noise to acceptable levels, subject to the review and approval of the Director of Community Development. The project applicant shall incorporate all approved subsequent measures and confirm with additional testing that acceptable levels are met prior to occupancy of the units. [COA] [PLANNING]

PF-7. AFFORDABLE RENTAL UNITS DEVELOPER AGREEMENT:

Housing staff shall verify that the Developer has complied with GC-7 (Affordable Rental Housing Developer Agreement) and that the required affordable rental units have been marketed and made available for rent upon project completion in compliance with the recorded Developer Agreement. [COA] [HOUSING]

PF-8. COMPLETION OF SITE REMEDIATION:

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Prior to any building occupancy, the applicant shall provide documentation from the appropriate regulatory agency (County of Santa Clara Department of Environmental Health, California Department of Toxic Substances Control, or State of California San Francisco Bay Regional Water Quality Control Board) confirming that all required site remediation measures required to occupy any building or site have been completed and that plans have been provided for ongoing monitoring, if required, to the satisfaction of the agency. Deed restrictions, if required by the external oversight agency, shall be recorded prior to final occupancy. [COA] [PLANNING]

PF-9. VERIFICATION OF GREEN BUILDING MEASURES:

Prior to any residential building occupancy, the applicant shall provide documentation from the project’s Green Point Rater confirming the project has been built to achieve the required points. [COA] [PLANNING] [BUILDING]

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 management 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:

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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.
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. LSAP DEVELOPMENT INCENTIVES:

The approved LSAP development incentives listed below that obtain the approved residential density shall be retained and maintained for the life of the project.
a) Landscaped area exceeding 35% of site area.
b) Bicycle parking, publicly-accessible, at least 20% more Class I spaces and 10 more Class II spaces beyond minimum.
c) Gateway signage.
d) Wayfinding signage.
e) Installation of Level 2 electric vehicle charging stations. f) Bicycle repair station.
g) Secondary bicycle/pedestrian pathway (shared-use path).

AT-2. DELIVERY HOURS:

Delivery hours for the approved use shall comply with SMC 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. RECYCLING AND SOLID WASTE CONTAINMENT:

All exterior recycling and solid waste shall be confined to approved receptacles and enclosures. [COA] [PLANNING]

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AT-4. RECYCLING AND SOLID WASTE MANAGEMENT:

Waste and recycling services for residential uses 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]

AT-5. LOUDSPEAKERS PROHIBITED:

Out-of-door loudspeakers shall be prohibited at all times. [COA] [PLANNING]

AT-6. EXTERIOR EQUIPMENT:

All unenclosed materials, equipment and/or supplies of any kind shall be maintained within approved enclosure area. Any stacked or stored items shall not exceed the height of the enclosure. Individual air conditioning units shall be screened with architecture or landscaping features. [COA] [PLANNING]

AT-7. 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 (trees shall not be topped). Trees shall be maintained using standard arboriculture practices. [COA] [PLANNING]

AT-8. TRANSPORTATION DEMAND MANAGEMENT (TDM) MEASURES:

The multi-family residential use shall participate in the Multi-Family Residential Transportation Demand Management (TDM) Plan program per Chapter 19.45 of the Sunnyvale Municipal Code (SMC). [SDR] [PLANNING]

AT-9. PARKING:

On-site parking management shall conform with the approved parking management plan. The project is required to maintain the approved parking spaces (113 residential spaces and 301 spaces) for automobile parking purposes only and is prohibited from being converted to any other use. [COA] [PLANNING]

AT-10. PARKING LOT/STRUCTURE MAINTENANCE:

The parking lot and parking structure shall be maintained in accordance with the approved plans and as follows:
a) Clearly mark all residential, shared, accessible, car share, and electric vehicle spaces. This shall be specified on the Building Permit plans and completed prior to occupancy.
b) Maintain all parking lot striping and marking.

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c) Maintain parking lot lighting and exterior lighting to ensure that the parking lot is maintained in a safe and desirable manner for residents and/or patrons.
d) Require signs to direct vehicles to additional parking spaces on-site, as needed. [COA] [PLANNING]

AT-11. UNENCLOSED USES:

Any modification or expansion of unenclosed uses are subject to review and approval by the Director of Community Development. [COA] [PLANNING]

AT-12. UNENCLOSED STORAGE:

Unenclosed storage area(s) shall be fully screened to the highest point of any stored or stacked materials, equipment and/or supplies of any kind. The design and method of enclosure is subject to approval by the Director of Community Development. Any modification or expansion of unenclosed uses shall be subject to review and approval by the Director of Community Development. [COA] [PLANNING]

AT-13. OFF-STREET PARKING:

Off-street parking for both residents and guests shall be maintained at all times in accordance with approved plans. [COA] [PLANNING]

AT-14. RECREATIONAL VEHICLE STORAGE PROHIBITED:

Unenclosed storage of any vehicle intended for recreation purposes, including land conveyances, vessels and aircraft, but excluding attached camper bodies and motor homes not exceeding 18 feet in length, shall be prohibited on the premises. [COA] [PLANNING]

AT-15. BMP MAINTENANCE:

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

AT-16. BMP RIGHT OF ENTRY:

The project applicant, owner, landlord, or HOA, 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 storm water treatment best management practices contained in the approved Storm Water Management Plan. [SDR] [PLANNING]

END OF CONDITIONS. MMRP CONTINUES ON NEXT PAGE

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Exhibit 1 – The Lawrence Station Area Plan (LSAP) Update/Intuitive Surgical Corporate Campus Project Mitigation Monitoring and Reporting Program follows on the next page.

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Lawrence Station Area Plan Update/Intuitive Surgical Corporate Campus Project
Final Subsequent Environmental Impact Report
Mitigation Monitoring and Reporting Program

1. Statutory Requirement
When a lead agency makes findings on significant environmental effects identified in an environmental impact report (EIR), the agency must also adopt a “reporting or monitoring program for the changes to the project which it has adopted or made a condition of approval in order to mitigate or avoid significant effects on the environment” (Public Resources Code Section 21081.6(a) and California Environmental Quality Act Guidelines Section 15091(d) and Section 15097). The Mitigation Monitoring and Reporting Program (MMRP) is implemented to ensure that the mitigation measures and project revisions identified in the EIR are implemented. Therefore, the MMRP must include all changes in the proposed project either adopted by the project proponent or made conditions of approval by the lead agency or a responsible agency.

2. Administration of the Mitigation Monitoring and Reporting Program The City of Sunnyvale (City) is the lead agency responsible for the adoption of the MMRP. The City is responsible for implementing, verifying, and documenting compliance with the MMRP, in coordination with other identified agencies. According to CEQA Guidelines Section 15097(a), a public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity that accepts the delegation. However, until mitigation measures have been completed, the lead agency remains responsible for ensuring that implementation of the measures occurs in accordance with the program.

3. Mitigation Measures and Reporting Program
Table A-1 is structured to enable quick reference to mitigation measures and the associated monitoring program based on the environmental resource. The numbering of mitigation measures correlates with numbering of measures found in the impact analysis sections of the Draft EIR.

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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
Air Quality
MM 3.5.3a Prior to the issuance of grading or
building permits, the City of
Sunnyvale shall ensure that the
BAAQMD’s basic construction
mitigation measures from Table 8 -1
of the BAAQMD 2011 CEQA Air
Quality Guidelines (or subsequent
updates) are noted on the
construction documents. These basic
construction mitigation measures
include the following:

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.

6. All construction equipment shall
be maintained and properly
tuned in accordance with
manufacturers’ specifications. All
equipment shall be checked by a
certified mechanic and
determined to be running in
proper condition prior to
operation.
• Plan
approval
• Prior to issuance of
grading or building
permits
• During construction
• City of
Sunnyvale
(plan check)
• Project
applicant
(during
construction)
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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party

7. A publicly visible sign shall be
posted with the telephone
number and person to contact at
the lead agency regarding dust
complaints. This person shall
respond and take corrective
action within 48 hours. The
BAAQMD’s phone number shall
also be visible to ensure
compliance with applicable
regulations.

MM 3.5.3b In the cases where construction
projects are projected to exceed the
BAAQMD air pollutant significance
thresholds for NOX, PM10, and/or
PM2.5, all off-road diesel -fueled
equipment (e.g., rubber-tired dozers,
graders, scrapers, excavators,
asphalt paving equipment, cranes,
and tractors) shall be at least CARB
Tier 3 Certified or better.

• Plan approval
• Site
inspection

• Requirements to be
identified on
construction/improveme
nt plans
•
During construction
• Project applicant
(during
construction)
• City of Sunnyvale
(plan check and
during
construction)
MM 3.2-1 The applicant shall require its
construction contractors to use high-
performance renewable diesel
(HPRD) fuel for diesel-powered
construction equipment, to the
extent available. Any HPRD product
that is considered for use by the
construction contractor shall comply
with California’s Low Carbon Fuel
Standards. HPRD fuel must meet the
following criteria:
• be hydrogenation-derived
(reaction with hydrogen at high
temperatures) from 100 percent
biomass material (i.e.,
nonpetroleum sources), such as
animal fats and vegetables,
• contain no fatty acids or
functionalized fatty acid esters,
and
• have a chemical structure that is
identical to petroleum-based
diesel which ensures HPRD will be
compatible with all existing diesel
• Plan approval
(applicable to
ISI project
only)
• Site
inspection
(applicable to
ISI project
only)
• Requirements to be
identified on
construction/improvem
ent plans.
• During construction
• Project applicant
(during
construction)

• City of Sunnyvale
(during
construction)
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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
engines; it must comply with
American Society for Testing and
Materials D975 requirements for
diesel fuels.

MM 3.5.5 In the case when a subsequent
project’s construction is span
greater than five acres and is
scheduled to last more than two
years, the subsequent project shall
be required to prepare a site-specific
construction pollutant mitigation
plan in consultation with the
BAAQMD staff prior to the issuance
of grading permits. A project-specific
construction-related dispersion
modeling acceptable to BAAQMD
shall be used to identify potential
toxic air contaminant impacts,
including diesel particulate matter. If
BAAQMD risk thresholds (i.e.,
probability of contracting cancer is
greater than 10 in 1 million) would
be exceeded, mitigation measures
shall be identified in the
construction pollutant mitigation
plan to address potential impacts
and shall be based on site-specific
information such as the distance to
the nearest sensitive receptors,
project site plan details, and
construction schedule. The City shall
ensure construction contracts
include all identified measures and
that the measures reduce the health
risk below BAAQMD risk thresholds.

Construction pollutant mitigation
plan measures shall include, but not
be limited to:

1. Limiting the amount of acreage
to be graded in a single day,

2. Restricting intensive equipment
usage and intensive ground
disturbance to hours outside of
normal preschool hours,

3. Notification of affected sensitive
receptors one week prior to
• Plan
approval
• Prior to issuance of
grading permit

• City of
Sunnyvale
(plan check)
• Project
applicant
(during
construction)

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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
commencing on-site
construction so that any
necessary precautions (such as
rescheduling or relocation of
outdoor activities) can be
implemented. The written
notification shall include the
name and telephone number of
the individual empowered to
manage construction of the
project. In the event that
complaints are received, the
individual empowered to
manage construction shall
respond to the complaint within
24 hours. The response shall
include identification of
measures being taken by the
project construction contractor
to reduce construction-related
air pollutants. Such a measure
may include the relocation of
equipment.

MM 3.5.6 The following measures shall be
utilized in site planning and building
designs to reduce TAC and PM2.5
exposure where new receptors are
located within 1,000 feet of emission
sources:
• Future development with the
LSAP that includes sensitive
receptors (such as residences,
schools, hospitals, daycare
centers, or retirement homes)
located within 1,000 feet from
Caltrain and/or stationary sources
shall require site-specific analysis
to determine the level of health
risk. This analysis shall be
conducted following procedures
outlined by BAAQMD. If the site-
specific analysis reveals significant
exposures from all sources (i.e.,
health risk in terms of excess
cancer risk greater than 100 in
one million, acute or chronic
• Plan approval • Incorporate during site
planning and building
design
•
Prior to Planning
approval
• City of Sunnyvale
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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
hazards with a hazard Index
greater than 10, or annual PM2.5
exposures greater than 0.8
μg/m3) measures shall be
employed to reduce the risk to
below the threshold (e.g.,
electrostatic filtering systems or
equivalent systems and location
of vents away from TAC sources).

If this is not possible, the sensitive
receptors shall be relocated.
• Future nonresidential
developments projected to
generate more than 100 heavy-
duty trucks daily will be evaluated
through the CEQA process or
BAAQMD permit process to
ensure they do not cause a
significant health risk in terms of
excess cancer risk greater than 10
in one million, acute or chronic
hazards with a hazard Index
greater than 1.0, or annual PM2.5
exposures greater than 0.3
μg/m3.

Archaeological, Historical, and Tribal Cultural Resources MM 3.10.2 All subsequent projects within the
LSAP plan area shall be required to
include information on the
improvement plans that if, during
the course of grading or
construction, cultural resources (i.e.,
prehistoric or historic sites) are
discovered, work will st op in that
area and within 100 feet of the find
until a qualified archaeologist can
[assess] the significance of the find
and, if necessary, develop
appropriate treatment measures as
part of a treatment plan in
consultation with the City and all
other appr opriate agencies. The
treatment plan shall include
measures to document and protect
the discovered resource. Consistent
• Plan approval • Information to be
included on construction
and improvement plans.
• During construction
• City of Sunnyvale
(plan check)
• Project applicant (if
resources found)
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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
with CEQA Guidelines Section
15126.4(b)(3), preservation in place
will be the preferred method of
mitigating impacts to the discovered
resource. Pursuant to Government
Code Section 6254.10, information
on the discovered resource shall be
confidential.

Biological Resources
MM 3.9.2 Prior to the removal of trees or the
demolition of buildings, a bat survey
shall be performed by a qualified
biologist no more than 3 days prior to
the start of construction activities. If
bat roosts are identified, the City
shall require that the bats be safely
flushed from the sites where roosting
habitat is planned to be removed. If
maternity roosts are identified
during the maternity roosting season
(typically May to September), they
must remain undisturbed until a
qualified biologist has determined
the young bats are no longer
roosting. If roosting is found to occur
on-site, replacement roost habitat
(e.g., bat boxes) shall be provided to
offset roosting sites removed. If no
bat roosts are detected, no further
action is required if the trees and
buildings are removed prior to the
next breeding season.
• If a female or maternity colony of
bats is found on the project site,
and the project can be
constructed without the
elimination or disturbance of the
roosting colony (e.g., if the colony
roosts in a large oak tree not
planned for removal), a qualified
biologist shall determine what
buffer zones shall be employed to
ensure the continued success of
the colony. Such buffer zones may
• Preconstructi
on surveys

• No more than 3 days
prior to building
demolition and/or tree
removal
• Project
applicant
(survey and
protection
measures)

• City of Sunnyvale
(document
compliance)
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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
include a construction-free
barrier of 200 feet from the roost
and/or the timing of the
construction activities outside of
the maternity roost season (after
July 31 and before March 1).
• If an active nursery roost is
documented on- site and the
project cannot be conducted
outside of the maternity roosting
season, bats shall be exclu ded
from the site after July 31 and
before March 1 to prevent the
formation of maternity colonies.

Nonbreeding bats shall be safely
evicted under the direction of a
bat specialist.

MM 3.9.3 All construction and clearing
activities shall be conducted outside
of the avian nesting season (January
15–
August 31), when feasible. If
clearing and/or construction
activities occur during the nesting
season, preconstruction surveys for
nesting raptors, special- status
resident birds, and other migratory
birds protected by the Migratory Bird
Treaty Act shall be conducted by a
qualified biologist, up to 3 days
before initiation of construction
activities. The qualified biologist shall
survey the constructio n zone and a
250-
foot radius surrounding the
construction zone to determine
whether the activities taking place
have the potential to disturb or
otherwise harm nesting birds. If an
active nest is located within 100 feet
(250 feet for raptors) of construction
activities, the project applicant shall
establish an exclusion zone (no
ingress of personnel or equipment at
a minimum radius of 100 feet or 250
feet, as appropriate, around the
• Preconstructi
on surveys
for work
done
between
January 15
and August
31 • No more than 3 days
prior to tree removal
and/or site preparation
involving removal of
vegetation
• Project
applicant
(survey and
protection
measures)

• City of
Sunnyvale
(document
compliance)
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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
nest). Alternative exclusion zones
may be established through
consultation with the CDFW and the
USFWS, as necessary. The City shall
be notified if altered exclusion zones
widths are authorized by these
agencies prior to the initiation of
work. The exclusion zones shall
remain in force until all young have
fledged.

Geology and Soils
MM 3.7.4 All subsequent projects within the
LSAP plan area shall be required to
include information on the
improvement plans that if, during the
course of grading or construction
fossils are discovered, work shall be
halted immediately within 50 feet of
the discove
ry, the Sunnyvale
Community Development
Department shall be notified, and the
significance of the find and
recommended actions must be
determined by a qualified
paleontologist. In addition, prior to
the commencement of project site
preparation, all constru ction
personnel shall be informed of the
potential to discover fossils and the
procedures to follow.
• Plan
approval
• Prior to issuance of
grading permit
• During construction
• City of
Sunnyvale
(plan check)
• Project applicant
(if fossils
discovered)
Hydrology and Water Quality
MM 3.8.3 Prior to approving any subsequent
projects in the LSAP at any location
where fill is placed in the FEMA AO
zone to elevate the ground surface
above the base flood elevation, the
project applicant shall submit a
hydraulic analysis prepared by a
California-registered professional
engineer for City Engineer review and
approval. The analysis shall, at a
minimum, identify: (1) the specific
locations where changes in water
surface elevations due to fill
• Plan
approval
(only
applicable to
development
within FEMA
AO zone)
• Prior to issuance of
grading permit
• City of
Sunnyvale
(plan check)
• Project
applicant
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LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
encroachment could occur; and (2)
drainage improvements that will be
used to ensure placement of fill will
not increase flood hazards in areas
not previously subject to flooding
during occurrence of the base flood
discharge.

Hazards and Hazardous Materials

3.8-1 The City shall require that a Phase I
ESA is prepared and submitted with
any application for new
development or redevelopment
within the adopted LSAP boundary.

The Phase I ESA shall be prepared by
a qualified professional registered in
California and in accordance with
ASTM E1527-13 (or the most current
version at the time a development
application is submitted for the
project).

If determined necessary by the
Phase I ESA, a Phase II ESA shall be
conducted to determine the lateral
and vertical extent of soil,
groundwater, and/or soil vapor
contamination, as recommended by
the Phase I ESA.

The City shall not issue a building
permit for a site where
contamination has been identified
until remediation or effective site
management controls appropriate
for the use of the site have been
completed, consistent with
applicable regulations and to the
satisfaction of the City of Sunnyvale,
DTSC, or San Francisco Bay RWQCB
(as appropriate) before initiation of
construction activities. Deed
restrictions, if appropriate, shall be
recorded. If temporary dewatering is
required during construction or if
permanent dewatering is required
for subterranean features, the City
shall not issue an improvement
permit or building permit until
• Review of
Phase I
and/or
Phase II
ESA
• Site
inspection
• Phase I and II (if
identified as
necessary by the
Phase I) at the
time
development
application is
submitted

• Responsible agency
approval of
applicant’s site
management
controls prior to
grading and building
permit issuance

• Site inspection
during construction
• Project
applicant
(Phase I/Phase
II)
• City of
Sunnyvale
(document
compliance)

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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
documentation has been provided
to the City that the San Francisco
Bay RWQCB has approved the
discharge to the sewer. Discharge of
any groundwater removed from a
construction site within the adopted
LSAP and to the El Camino Storm
Drain Channel, Calabazas Creek, or
storm drain shall be subject to
Water Pollution Control Permit
requirements.

If the Phase I ESA determines there
are no RECs, no further action is
required. However, the City shall
ensure any grading or improvement
plan or building permit includes a
statement if hazardous materials
contamination is discovered or
suspected during construction
activity, all work shall stop
immediately until a qualified
professional has determined an
appropriate course of action.

MM 3.3.5 Before issuance of a permit for a
specific development project or
before approving a City-initiated
roadway improvement identified in
the LSAP, the City shall determine
whether project construction
activities have the potential to affect
traffic conditions on roadways as a
result of construction of the
development project or roadway
improvement(s). If there is the
potential the activities could impair
or inhibit emergency response or
evacuation, a Construction Traffic
Control Plan shall be prepared for
City review and approval. The plan
shall include, but not be limited to,
schedule of construction and
anticipated methods of handling
traffic for each phase of construction
to ensure the safe flow of traffic and
adequate emergency access,
including maintaining an open lane
• Plan
approval
• Prior to building
permit issuance
• City of
Sunnyvale
(plan check
and
inspection)

• Project
applicant
(prepare plan)

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TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
for vehicle travel at all times. All
traffic control measures shall
conform to City of Sunnyvale, Santa
Clara County, and/or Caltrans
standards, as applicable. The City
shall ensure final approved plans for
private development projects
specify the requirement, as
appropriate, to implement the
construction traffic control plan.

Noise and Vibration
MM 3.6.4 Subsequent projects in the LSAP
shall employ site-specific noise
attenuation measures during
construction to reduce the
generation of construction noise.

These measures shall be included in
a Noise Control Plan that shall be
submitted for review and approval
by the City of Sunnyvale Building
Services Division. Measures specified
in the Noise Control Plan and
implemented during construction
shall include, at a minimum, the
following noise control strategies:
• 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;
• Impact tools (e.g., jack hammers,
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.

Where use of pneumatic tools is
unavoidable, an exhaust muffler
on the compressed air exhaust
shall be used; this muffler can
lower noise levels from the
• Plan
approval
• Prior to issuance
of grading and/or
building permits
• City of
Sunnyvale
(plan check
and
inspection)
• Project
applicant
(during
construction)

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LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
exhaust by up to about 10 dB.

External jackets on the tools
themselves shall be used where
feasible; this could achieve a
reduction of 5 dB. Quieter
procedures, such as use of drills
rather than impact tools, shall be
used; and
• Stationary noise sources shall be
located as far from adjacent
receptors as possible, and they
shall be muffled and enclosed
within temporary sheds,
incorporate insulation barriers, or
include other measures.
• Noise reducing pile-driving
techniques shall be employed
during Project construction.

These techniques shall include:
o Installing intake and exhaust
mufflers on pile-driving
equipment;
o Vibrating piles into place when
feasible, and installing shrouds
around the pile- driving
hammer where feasible;
o Implement “quiet” pile-driving
technology (such as pre-
drilling of piles and the use of
more than one pile driver to
shorten the total pile driving
duration), where feasible, in
consideration of geotechnical
and structural requirements
and conditions;
o Use cushion blocks to dampen
impact noise, if feasible based
on soil conditions. Cushion
blocks are blocks of material
that are used with impact
hammer pile drivers. They
consist of blocks of material
placed atop a piling during
installation to minimize noise
generated when driving the
pile. Materials typically used
Attachment 4 Page 58 of 60
ATTACHMENT 4
2022-7168
1150-1170 Kifer Road

TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
for cushion blocks include
wood, nylon and micarta (a
composite material); and
o At least 48 hours prior to pile-
driving activities, the applicant
shall notify building owners
and occupants within 600 feet
of the Project area of the
dates, hours, and expected
duration of such activities.

Transportation and Traffic
MM 3.14-7 Before construction or issuance of
building permits, the developer or
the construction contractor for the
ISI project shall prepare a temporary
traffic control plan (TTC) to the
satisfaction of the City of Sunnyvale
Division of Transportation and
Traffic and subject to review by all
affected agencies. The TTC shall
include all information required on
the City of Sunnyvale TTC Checklist
and conform to the TTC Guidelines
of the City of Sunnyvale. At a
minimum, the plan shall include the
following elements:
• provide vicinity map including all
streets within the work zone
properly labeled with names,
posted speed limits and north
arrow;
• provide existing roadway lane and
bike lane configuration and
sidewalks where applicable
including dimensions;
• description of proposed work
zone;
• description of detours and/or
lane closures (pedestrians,
bicyclists, vehicular);
• description of no parking zone or
parking restrictions;
• provide appropriate tapers and
lengths, signs, and spacing;
• Plan
approval
(applicabl
e to ISI
project
only)
• Prior to
construction of
issuance of
building permits
• City of
Sunnyvale
(plan check)
• Project
applicant
(prepare plan)

Attachment 4 Page 59 of 60
ATTACHMENT 4
2022-7168
1150-1170 Kifer Road

TABLE A-1

LSAP UPDATE/INTUITIVE SURGICAL CORPORATE CAMPUS PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Mitigation
Measure Requirements of Measure Compliance
Method Verification/Timing Responsible Party
• provide appropriate
channelization devices and
spacing;
• description of buffers;
• provide work hours/work days;
• dimensions of above elements
and requirements per latest CA—
MUTCD Part 6 and City of
Sunnyvale’s SOP for bike lane
closures;
• provide proposed speed limit
changes if applicable;
• description of bus stops,
signalized and non-signalized
intersection impacted by the
work;
• show plan to address pedestrians,
bicycle and ADA requirement
throughout the work zone per CA-
MUTCD Part 6 and City of
Sunnyvale’s SOP for Bike lane
closures;
• indicate if phasing or staging is
requested and duration of each;
• description of trucks, including
number and size of trucks per
day, expected arrival/departure
times, truck circulation patterns;
• provide all staging areas on the
project site; and
• ensure that the contractor has
obtained and read the City of
Sunnyvale’s TTC Guidelines and
City of Sunnyvale’s SOP for bike
lane closures; and
• ensure traffic impacts are
localized and temporary.

END OF MMRP

Attachment 4 Page 60 of 60