CONDITIONS OF APPROVAL-1999-1000

In addition to complying 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 of this Permit:

General

1. The Conditions of Approval shall be reproduced on one page of the plans submitted for a Building Permit for this project.
2. Execute a Use Permit document for recordation with the County Recorder prior to issuance of a Building Permit.
3. Submit a Tentative Map for review and approval and record a Final Map. Tentative Map shall address the following:

1. Subdivision shall be designed to allow each lot to be sold separately.
2. Appropriate easements shall be created to allow shared use of the underground parking structure.
3. A utility plan is required to address project needs and future growth in the development area.
4. The map shall address phasing of the project in accordance with the Disposition and Development Agreement.

4. Consult with the Crime Prevention Division of the Public Safety Department for crime prevention measures appropriate to new structures prior to the issuance of a Building Permit. Incorporate features recommended by Crime Prevention or explain why features cannot be incorporated, subject to review and approval of the Director of Community Development.
5. Comply with Art in Private Development municipal code requirements prior to occupancy. This project shall be required to install four artworks visible to the adjoining streets. A bond for 1% of construction costs shall be posted prior to issuance of building permits to ensure completion of artwork.
6. Any expansion or modification of the approved use shall be approved by a separate application at a public hearing by the Planning Commission. Minor modifications may be approved by the Director of Community Development.

7. A solid waste management plan shall be submitted to the Department of Public Works for approval prior to issuance of a building permit.

1. All exterior trash shall be confined to approved receptacles and enclosures.
2. Exterior trash enclosures shall be a minimum of 6 feet high and enclosed on all four sides, of a design, approved by the Director of Community Development prior to issuance of building permit. Install enclosure prior to occupancy.
3. The enclosure shall match the design, materials and color of the main building.
4. Underground enclosures shall be of a design approved per the waste management plan by the Public Works Department.

1. Enriched details on the pedestrian levels of all buildings
2. Enriched details on features of upper levels of all buildings.
3. Require walk-through pedestrian arcades across the Aries frontage of Building One
4. Improved design to entrance of Buildings One and Two.
5. Added details to entry features facing Mathilda Avenue of all buildings.

11. Provide a "landmark" feature at the corner of Washington Avenue and Mathilda Avenue.

12. Submit a parking and circulation plan to the Director of Community Development for review and approval prior to the issuance of a Building Permit. The plan shall include:

1. Designate on-site parking, including designated areas for employees, visitors, handicapped parking, vanpool, and carpool spaces. All such areas shall be clearly marked on Building Permit plans prior to issuance of a Building Permit.
2. As proposed, a total of 10 percent preferential parking spaces shall be reserved and so marked in the closest possible rows adjoining the elevator allowing for car/vanpool carrying at least two employees per vehicle and clean fuel vehicles. In addition, provide parking for visitors and disabled in similar locations.
3. Underground parking shall provide 1,600 parking stalls with a maximum of 10% compact spaces. A minimum of 250 underground stalls shall be available to the public at all times. An additional 350 stalls shall be made available to the public on evenings and weekends during hours in accordance with the Disposition and Development Agreement.
4. Include 100 additional surface parking spaces in the North of Washington area.

13. Install covered and secured bicycle parking per VTA Bicycle Technical Guidelines. Submit a bicycle parking plan for review and approval by the Director of Community Development prior to issuance of building permits.
14. Operate a Transportation Demand Management (TDM) program to achieve a 15 percent trip reduction goal. Percentages are based upon the total number of employees over a 24-hour period. Submit an annual progress report for City review on January 1 each year. If through review of the annual report, it is determined that the vehicle trip reduction goal is not being met, a revised TDM shall be submitted for approval by the City.

The TDM program:

1. Shall be approved by the Director of Community Development prior to issuance of a Building Permit.
2. Shall apply to the property identified in the Special Development Permit 1999-1000 regardless of ownership or use.
3. Shall be incorporated into the lease of each tenant in the project.

1. Details for all decorative paving.
2. Details for all streetscape features in accordance with the Master Plan for the North of Washington District.
3. All areas not required for parking, driveways or structures shall be landscaped.
4. All landscape areas shall have an appropriate irrigation system.
5. Final tree and landscaping species shall be coordinated with final plans for the City's public plaza.
6. Minimum tree size shall be determined by the City's arborist taking into account replacement for existing City parking lot trees.

17. Prior to issuance of a Demolition Permit, a Grading Permit, or a Building Permit, which ever occurs first, obtain approval of a Tree Protection Plan from the Director of Community Development. Utility Plans and Site plans shall be adjusted to ensure that healthy mature trees are saved.

18. Submit exterior lighting plan, including photometrics, fixture and pole designs, for approval by the Director of Community Development prior to issuance of a Building Permit. Exterior building lighting and lighting in plazas and public areas shall include the following:

1. Sodium vapor (or illumination with an equivalent energy savings).
2. Provide photo cells for on/off control of all security and area lights.
3. All exterior security lights shall be equipped with vandal-resistant covers.
4. Wall packs shall not extend above the roof or parapet of the building.
5. Pole height shall not be in conformance with design standard of the Master Plan for the North of Washington District.

1. Development of a building phasing plan to ensure adequate parking during project implementation.

2. Education program with downtown businesses to direct employees and customers to available parking.
3. The use of shuttle buses for customers and employees.
4. Offsite parking for construction workers with shuttles to the construction site.
5. Valet parking for customers of downtown businesses.
6. Establishment of shared parking arrangements between other private property owners in the vicinity.

M1. To avoid potential adverse visual impact on adjacent portions of Block 1 and Murphy Avenue Heritage District, during the City's design review process and Special Development Permit review for the project, place particular emphasis on ensuring that the project (1) includes features (e.g., common landscaping, street furniture, sidewalk and pavement treatments) that visually unify the project with the remainder of Block 1; and (2) is consistent with the design guideline components of the Sunnyvale Downtown Specific Plan as discussed in the Mitigated Negative Declaration:

M2. Require the project applicant to include the following dust control practices in all construction contracts to control construction period air quality impacts:

1. Water all active construction areas at least twice daily.
2. Water or cover stockpiles of debris, soil, sand or other materials that can be blown by the wind.
3. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard.
4. Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
5. Sweep daily (preferably with water sweepers) all paved access road, parking areas and staging areas at construction sites.
6. Sweep streets daily (preferably with water sweepers) if visible soil material is carried onto adjacent public streets.
7. Limit traffic speeds on unpaved roads to 15 miles per hour.

In addition, require the following practices during demolition:

1. Use dust-proof chutes whenever possible for loading construction debris onto trucks.
2. Use continuous watering to control dust penetration during demolition of the structure and break-up of pavement.
3. Cover all trucks hauling debris from the site.

M3. If evidence of prehistoric or historic artifacts or remains is uncovered during the course of excavation or grading for the project, grading activity in the immediate area shall cease and a qualified archaeologist contacted so that appropriate mitigation programs can be developed. Implementation of this mitigation measure will reduce the potential impact to archaeological resources to a less-than-significant level.

M4. Prior to project approval, require a Phase I Site Assessment for the site. Implement all measures recommended by the Phase I study, including onsite soil testing if warranted. Use the findings of this assessment to ensure compliance with all applicable existing state- and county-mandated site assessment, remediation, removal and disposal requirements for soil, surface water, and/or groundwater contamination. In particular, these include the requirements of the City of Sunnyvale, Regional Water Quality Control Board (RWQCB), and California Department of Toxic Substances Control (DTSC).

Noise

M5. Conduct a project-specific noise study to identify noise insulation features necessary to limit interior noise levels to 45 dBA Ldn, and incorporate these features into the project design.

M6. Implement the following construction period measures to reduce the construction noise impacts to a less-than-significant level:

1. Erect standard plywood construction barriers (minimum height eight feet) around the construction sites to shield adjacent commercial and distant residential receptors.
2. Equip all internal combustion engine driven equipment with mufflers which are in good condition and appropriate for the equipment;
3. Utilize "quiet" air compressors and other stationery noise sources where technology exists.
4. Locate stationary noise-generating equipment as far as possible from sensitive receptors when sensitive receptors adjoin or are near a construction project area;
5. Route all construction traffic to and from the project site via Mathilda Avenue and Evelyn Avenue. Prohibit heavy construction related truck traffic on residential streets.
6. Schedule construction activities to have the least impact on nearby receptors. The construction lunch break should coincide with the prime lunch hours of the restaurants and other adjacent commercial land uses to enable the use of outdoor dining facilities or services at local commercial land uses.
7. If pile driving occurs, expedite the pile driving schedule through the use of two or three pile drivers at once to reduce the amount of time taken to drive piles for a foundation. Reducing the duration of this construction activity can significantly minimize the impact to adjacent land uses;
8. Evaluate noise control treatment for pile drivers. It is possible to shroud pile drivers and reduce the amount of noise emitted by 10 dBA or more;
9. Pre-drill holes for piles. A technique that has been found effective in reducing the number of blows to seat a pile is to pre-drill the holes so that only a few blows are required to seat each pile. This would reduce the amount of pile driving noise exposure;
10. Offer to temporarily cover the windows of Kasik Building apartments facing the Hill Building demolition site. The temporary window covers could be constructed of plywood, gypsum board, or heavy noise control blankets. This mitigation would be implemented on a unit-by-unit basis at the discretion of the occupants of the Kasik Building. Alternatively, residents could be relocated during the demolition period and the noisiest periods of construction.
11. Designate a "noise disturbance coordinator" who would be responsible for responding to any local complaints about construction noise. The disturbance coordinator would determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and would 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. (The City should be responsible for designating a noise disturbance coordinator and the individual project sponsor should be responsible for posting the phone number and providing construction schedule notices).

M7. Fire and Emergency Services Impacts: Comply with all applicable codes, including Title 16 of the Sunnyvale Municipal Code, which includes adoption by reference of the 1997 Uniform Building Code, Plumbing Code, Mechanical Code, Fire Code, and 1996 National Electrical Code, to ensure adequate installation of adequate sprinkler systems, water delivery systems, and other provisions. In addition, require applicant compliance with (a) detailed measures required by the Fire Services Division (FSD) during the City's plan review and permitting process, (b) the FSD onsite response procedure and training requirements, and (c) FSD Pre-Fire Survey requirements. These measures are detailed below.

(a) Plan Review and Permitting Measures. During the City of Sunnyvale's plan review and permitting process, the Fire Services Division will recommend detailed measures to be incorporated into the project for an adequate response to emergency incidents, and review them with the applicant. Project mitigation measures required by the FSD may include:

(b) Response Procedures and Training. The Fire Services Division will develop a procedure and provide training to fire services personnel to respond to fire and emergencies at the project site.

(c) Pre-Fire Survey. The Fire Services Division will conduct a Pre-Fire Survey for the proposed project, analyzing and mapping such features as access points, locations of hazardous materials, emergency exits, and water supply.

M8. Police Services Impacts: Prior to operation of the proposed project, require approval by the Sunnyvale Police Services Division of a project security plan that includes, but is not limited to, details regarding onsite private security personnel (if included), other onsite personnel provisions, onsite video surveillance (if included), and an onsite security lighting plan.

M9. Contribute a 38% fair share of the design and construction cost of the City of Sunnyvale's planned improvement project at the intersection of Washington Avenue and Mathilda Avenue not to exceed $456,000.

M10. Contribute a 2.9% fair share of the cost of the addition of a northbound right-turn lane at the intersection of Sunnyvale-Saratoga Road and Remington Drive not to exceed $27,777.

M11. Contribute a 1.3% fair share of the cost to add a second westbound left-turn lane at the intersection of El Camino Real and Remington Drive not to exceed $13,835.

M12. Post "No Right Turn on Red" signs so that vehicles turning right from Agena Way onto Evelyn Avenue would proceed only with a green signal indication.

M13. Incorporate support facilities for bicycles (e.g., bike racks for retail patrons and bicycle lockers and showers for office and retail employees) into the proposed project design.

Utilities and Service Systems

M14. Construct the proposed sanitary sewer lines identified in the Sunnyvale Downtown Specific Plan that run adjacent to the site. The facilities shall be designed in accordance with the general requirements of the Specific Plan. Detailed engineering plans will be subject to review and approval by the Sunnyvale City Engineer.

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