Attachment 3
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CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
APPROVING A VESTING TENTATIVE MAP FOR CONDOMINIUM PURPOSES FOR 62 RESIDENTIAL UNITS AND ONE COMMERCIAL UNIT AT 344 SAN ANTONIO ROAD
WHEREAS, an application was received from Mircea Voskerician , on behalf of 334 San Antonio LLC, for a Vesting Tentative Map for condominium purposes for 62 residential units and one commercial unit at 344 San Antonio Road (Application No. PL-2021-131); and
WHEREAS, on September 21, 2022 , at a duly noticed public hearing, the Environmental Planning Commission considered this request and recommended the Vesting Tentative Map be approved subject to the attached conditions of approval; and
WHEREAS, on October 25, 2022, the City Council held a public hearing on said request and received and considered all evidence presented at said hearing, including the attached conditions of approval;
NOW, THEREFORE, BE IT RESOLVED , pursuant to the Subdivision Map Act, that the City Council of the City of Mountain View finds:
1. That pursuant to Section 66473.5 and Subsections (a) and (b) of Section 66474 of the Government Code, and Sec tion 28.2 of the Mountain View City Code, the City Council hereby finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan Land Use Des ignation of Mixed-Use Corridor of the City, including all required elements therein applicable to said property.
2. Pursuant to Subsections (c) and (d) of Government Code Section 66474 and Section
28.2.05 of the Mountain View City Code, the site is physically suitable for the proposed mixed-use development at its proposed density because the site is zoned to allow the proposed mixed-use development and the site adequately accommodates vehicle, pedestrian, and bicycle circulation to meet requirements for life safety, City services, and occupants of the projec t. Additionally, the proposed Vesting Preliminary Parcel Map facilitates the construction of a new mixed use residential development that can be fully served by the physical infrastructure and services provided within the City of Mountain View.
3. That pursuant to Subsection (e) of Government Code Section 66474 and Section 28.2.05 of the Mountain View City Code , the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitats as an Initial Study of Environmental Significance -2-
was prepared per Sections 15162 and 15183 of the California Environmental Quality Act (CEQA) Guidelines, which documents that with implementation of the San Antonio Precise Plan (SAPP) standards and guidelines, Mountain View City Code requirements, standard City Conditions of Approval, State and Federal regulations, and mitigation measures adopted with the San Antonio Precise Plan Environmental Impact Report (EIR), the proposed project would not result in any new or substantially more severe environmental impacts compared to those evaluated in the previously certified SAPP EIR and Mountain View 2030 General Plan and Greenhouse Gas Reduction Program Final EIR , and no supplemental or subsequent environmental review is required.
4. That pursuant to Subsection (f) of Government Code Section 66474 and Section 28.2.05 of the Mountain View City Code , the design of the subdivision and pro posed improvements is not likely to cause serious public health problems because the project will be consistent with the policies included in the General Plan , San Antonio Precise Plan , and the Subdivision Ordinance, and incorporate standard conditions of approval and previously adopted mitigation measures to protect public health, safety, convenience, and welfare. Proposed public (off-site) improvements are designed to meet street design standards of the San Antonio Precise Plan and City Code and will include publicly accessible amenities, such as a landscaped public plaza in addition to standard frontage improvement s. Additionally, the project will be further reviewed for compliance with Building and Fire Codes to ensure on -site improvements comply with applicable codes for safe habitation.
5. That pursuant to Subsection (g) of Government Code Section 66474 and Section 28.2.05 of the Mountain View City Code , the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public -at-large, for access through or use of property within the proposed subdivision.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Mountain View that the Vesting Tentative Map is hereby approved subject to the subdivider’s compliance with and fulfillment of all of the conditions of approval , which are attached hereto and incorporated herein by reference.
TIME FOR JUDICIAL REVIEW
The time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure, Section 1094.6, as established by Resolution No. 13850, adopted by the City Council on August 9, 1983.
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RS/4/RESO
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Exhibits: A. Subdivision Conditions of Approval
B. Vesting Tentative Map
Exhibit A
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SUBDIVISION CONDITIONS
APPLICATION NO.: PL-2021-131
334 SAN ANTONIO ROAD
1. MAP SUBMITTAL: File a final map for approval and recordation in accordance with the City Code and the California Subdivision Map Act prior to the issuance of any building permit for the property(ies) within the subdivision. All existing and proposed easements are to be shown on the map. Submit two black -line copies of the map to the Public Works Department for review together with all items on the Map Checklist concurrent with the Off-Site Improvement Plans.
2. MAP DOCUMENTS: Prior to the approval and recordation of the map, submit a subdivision guarantee, County Tax Collector’s letter regarding unpaid taxes or assessments, and subdivision security if there are unpaid taxes or special assessments.
3. SOILS REPORT: Soils and geotechnical reports prepared for the subdivision shall be indicated on the final map. Submit a copy of the report with the first submittal of the final map.
As required by the State Seismic Hazards Mapping Act, a project site -specific geotechnical investigation shall be conducted by a registered soils/geologist identifying any seismic hazards and recommending mitigation measures to be taken by the project.
The applicant, through the applicant’s registered soils engineer/geologist, shall cert ify the project complies with the requirements of the State Seismic Hazards Mapping Act. Indicate the location (page number) within the geotechnical report of where this certification is located, or provide a separate letter stating such.
4. FINAL MAP APPROVAL: The final map shall be signed and notarized by the owner and engineer/surveyor and submitted with an 8.5”x11” reduction of the map and a PDF to the Public Works Department. In order to place the approval of the final map on the agenda for the City Council, all related materials and agreements must be completed, signed, and received by the Public Works Department 40 calendar days prior to the Council meeting date. After City Council approval, the City Engineer will sign the map. The applicant’s ti tle company shall have the County Recorder’s Office record the original and shall provide a Xerox Mylar copy of the map to be endorsed by the County Recorder’s Office. The endorsed Xerox Mylar copy and a PDF shall be returned within one week after recording the map to the Public Works Department.
5. SUBDIVISION FEES: Pay all subdivision fees due in accordance with the rates in effect at the time of payment prior to the approval of the final map.
6. MAP PLAN CHECK FEE: Prior to issuance of any building permits and prior to approval of the final map, as applicable, th e applicant shall pay the map plan check fee in accordance with Sections 28.27.b and 28.19.b of the City Code per the rates in effect at time of payment. An initial map plan check fee shall be paid at the time of initial map plan check submittal per t he adopted fee in effect at time of payment.
7. PLAN CHECK AND INSPECTION FEE: Prior to issuance of any building permits and prior to approval of the final map, the applicant shall pay the plan check and inspection fee in accordance with Sections 27.60 and 28 .36 of the City Code per the adopted rates in effect at time of payment.
An initial plan check fee based on the Public Works adopted fee schedule shall be paid at the time of initial improvement pla n check submittal based on the initial cost estimate for constructing street improvements and other public facilities; public and private utilities and structures located within the public right -of-way; and utility, grading, and driveway improvements for common green and townhouse-type condominiums. Once the pl ans have been approved, the approved cost estimate will be used to determine the final bond amounts, plan check fees, and inspection fees. Any paid initial plan check fee will be deducted from the approved final plan check fee.
8. TRANSPORTATION IMPACT FEE: Prior to issuance of any building permits and prior to approval of the final map, as applicable, the applicant shall pay the transportation impact fee for the development. Residential category fees are based on the number RS/4/CDD
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of units. Retail, Service, Office, R&D, and Industrial category fees are based on the square footage of the development. Credit is given for the existing site use(s), as applicable.
9. WATER AND SEWER CAPACITY CHARGES: The water and sewer capacity charges for residential connections are based on the number and type of dwelling units. Separate capacity charges apply for different types of residential categories to reflect the estimated demand of each type of connection. The water and sewer capacity charges for nonresidential connections are based on the water meter size, building area, and building use, respectively. Credit is given for the demand of the improvements that previously existed on the site. Fees need to be paid per the adopted fees in effect pr ior to Public Works approving the final map.
10. PARK LAND DEDICATION FEE: Prior to issuance of any building permits and prior to approval of the final map, the applicant shall pay the Park Land Dedication Fee of $70,800 for each net new market -rate reside ntial unit with a project total fee of $3,469,200, based on a land valuation of $11,800,000 per acre , in accordance with Chapter 41 of the City Code. No credit against the Park Land Dedication Fee is allowed for private open space and recreational facilit ies.
11. PEDESTRIAN ACCESS EASEMENT (SIDEWALK): Dedicate a pedestrian access easement to encompass the sidewalk along San Antonio Road and California Street, as required by the Public Works Director.
12. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 5’ wide public utility easement (PUE) along the project street frontages along California Street and San Antonio Road on the face of the map for such use as sanitary sewer, water, storm drains, and other public utilities, including gas, electric, communication, and cable television facilities, as required by the Public Works Director. The property owner or homeowners association shall maintain the surface improvements over the easement and must not modify or obstruct the easement ar ea in a manner contrary to the intent of the easement. The dedication statement shall specify the PUE shall be kept free and clear of buildings and other permanent structures/facilities , including, but not limited to, the following: garages, sheds, carpo rts, and storage structures; balconies and porches; retaining walls; C.3 bioretention systems; and private utility lines running longitudinally within the PUE. Exceptions to these PUE requirements may be considered by the Public Works Director in conjunction with the review and approval of the off-site improvement plans and building permit plans for the project.
13. UTILITY EASEMENT AND APPROVALS: Dedicate utility easements, as required by the utility companies and as approved by the Public Works Director. All street and public service easement dedications are to be shown on the final map. The subdivider shall submit two copies of the map to PG&E, AT&T (SBC), and Comcast for their review and determination of easement needs.
The public service easement dedications must be approved by the utility companies prior to the approval of the final map.
14. PUBLIC IMPROVEMENTS: Install or reconstruct stan dard public improvements that are required for the subdivision and as required by Chapters 27 and 28 of the City Code. These improvements include, but are not limited to: new sidewalk, curb and gutter, and half-street overlay along San Antonio Road and C alifornia Street; new ADA-compliant driveway; two (2) new ADA - compliant curb ramps; new domestic, fire, and irrigation water services, meters, and apparatus; new storm drain connection; new sanitary sewer connections; undergrounding of all existing overhead services and joint poles; and trees and landscaping.
a. IMPROVEMENT AGREEMENT: The property owner must sign a Public Works Department improvement agreement for the installation of the public improvements prior to the approval of the final map.
b. BONDS/SECURITIES: Sign a Public Works Department faithful performance bond (10 0%) an d materials/labor bond (100%) or provide a letter of credit (150%) or cash security (100%) securing the installation and warranty of the off -site improvements in a form approved by the City Attorney’s Office. The surety (bond company) must be listed as an acceptable surety on the most current Department of the Treasury’s Listing of Approved Sureties on Federal Bonds, Department Circular 570. This list of approved sureties is available through the Internet at:
www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm. The bond amount must be below the underwriting limitation amount listed on the Department of the Treasury’s Listing of Approved Sureties. The surety must be licensed to do business in California. Guidelines for security are available at the Public Works Department.
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c. INSURANCE: Provide a Certificate of Insurance and endorsements for the Commercial General Liability and Automobile Liability naming the City as an additional insured from the entity that will sign the improvement agreement prior to the approval of the final map. The insurance coverage amounts are a minimum of Two Million Dollars ($2,000,000) Commercial General Liability, One Million Dol lars ($1,000,000) Automobile Liability, One Million Dollars ($1,000,000) Pollution Insurance, and One Million Dollars ($1,000,000) Workers’ Compensation. The insurance requirements are available from the Public Works Department.
15. OFF-SITE IMPROVEMENT PLANS: Prepare off-site public improvement plans in accordance with Chapter 28 of the City Code, the City’s Standard Design Criteria, Submittal Checklist, Plan Review Checklist, and the conditions of approval of the projec t.
The plans are to be drawn on 24”x 36” sheets at a minimum scale of 1” = 20’. The plans shall be stamped by a California - registered civil engineer and shall show all public improvements and other applicable work within the public right -of-way.
Traffic control plans for each phase of construction shall be prepared in accordance with the latest edition of the California Manual of Uniform Traffic Control Devices (CA MUTCD) and shall show, at a minimum, work areas, delineators, signs, and other traffic control measures required for work that impacts traffic on existing streets. Locations of on-site parking for construction equipment and construction workers and on -site material storage areas must be submitted for review and approval. Off -site improvement plans, an initial plan check fee and map plan check fee based on the Public Works fee schedule, Improvement Plan Checklist, and items noted within the Checklist must be submitted together as a separate package concurrent with the first submittal of the building plans and final map. All required materials shall be submitted electronically, i.e., flattened PDFs.
The off-site plans must be approved and signed by the Public Works Department. After the plans have been signed by the Public Works Department, 10 full-size and 2 half-size black-line sets, 1 Xerox Mylar (4 mil) set of the plans, and CD with CAD file and PDF must be submitted to the Public Works Department prior to the approval of the final map. CAD files shall meet the City’s Digital Data Submission Standards.
16. INFRASTRUCTURE QUANTITIES: Upon submittal of the initial building permit and improvement plans, submit a completed construction cost estimate form indicating the quantities of the street and utility improvements with the submittal of the improvement plans. The construction cost estimate is used to estimate the cost of improvements and to determine the Public Works plan check and inspection fees. The construction cost estimate is to be prepared by the civil engineer preparing the improvement plans.
17. UNDERGROUNDING OF OVERHEAD LINES: Underground existing overhead electric and telecommunication facilities fronting the property along San Antonio Road and California Street and/or within the division of land, unless waived by the City Council after consideration of the recommendation of the Public Works Director due to unusual or impractical circumstances. The undergrounding work shall be constructed in conjunction with any applicable off -site improvements and completed prior to issuance of a Certificate of Occupancy for any new unit. All poles fronting the property and/or within the division of land shall be removed. If the undergrounding requirement is waived, the subdivider shall fulfill whatever substitute conditions the Cit y shall impose prior to final map approval.
18. JOINT UTILITY PLANS: Upon submittal of the initial building permit and improvement plans, the applicant shall submit joint utility plans showing the location of the proposed electric, gas, and telecommunication conduits and associated facilities, including, but not limited to, vaults, manholes, cabinets, pedestals, etc. These plans shall be combined with and made part of the improvement plans. Joint trench intent drawings will be accepted at first improvement plan submittal. All subs equent improvement plan submittals shall include joint trench design plans. Dedicate public utility easements that are necessary fo r the common utility on the final map.
19. UTILITY MAINTENANCE: On-site water, sanitary sewer, and storm drainage facilities shall be privately maintained by the property owner(s).
20. SURFACE WATER RELEASE: Provide a surface stormwater release for the lots, driveways, alleys, and private streets that prevents the residential buildings from being flooded in the event the storm drainage system becomes blocked or obstructed.
Show and identify path of surface water release on the improvement plans.
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21. STORM DRAIN HOLD HARMLESS AGREEMENT: As portions of the site are or will be lower than the adjacent public street or the surface grade over the City’s storm mains, the owner shall sign an agreement to hold the City harmless against storm surcharges or blockages that may result in on-site flooding or damage prior to approval of the final map.
22. SANITARY SEWER HOLD HARMLESS AGREEMENT: If the sanitary sewer connection(s) inside the structure(s) is/are less than 1’ above the rim elevation of the upstream sanitary sewer manhole, before approval of the building permit, the owne r shall sign an agreement to hold the City harmless against sewer surcharges or blockages that may result in on -site damage prior to approval of the final map.
23. CONSISTENCY WITH OTHER APPROVALS: This map shall be consistent with all requirements of the Planned Community Permit and the Development Review Permit, Application No. PL-2021-130. All conditions of approval imposed under that application shall remain in full force and effect and shall be met prior to approval of the final map.
24. APPROVAL EXPIRATION: If the map is not completed within twenty-four (24) months from the date of this approval, this map shall expire. The map is eligible for an extension of an additional twelve (12) months, provided the request for extension is filed by the applicant prior to the expiration of the original map. Upon filing a timely application for extension, the map shall automatically be extended for sixty (60) days or until the application for the extensi on is approved, conditionally approved, or denied, whichever occurs first.
Exhibit B