CITY OF MOUNTAIN VIEW
RESOLUTION NO. 18566
SERIES 2021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
APPROVING A VESTING TENTATIVE MAP TO CREATE FOUR RESIDENTIAL LOTS AND ONE COMMON LOT AT 773 CUESTA DRIVE
WHEREAS, an application was received from Denardi Wang Homes for a Vesting Tentative Subdivision Map to create four lots and one common lot at 773 Cuesta Drive Application No. PL - 2020- 185); and
WHEREAS, on April 28, 2021, at a duly noticed public hearing, the Subdivision Committee considered this request and recommended the Tentative Subdivision Map be approved subject to the attached conditions of approval; and WHEREAS, on May 25, 2021, the City Council held a public hearing on said request and received and considered all evidence presented at said hearing, including the F,
attached conditions of approval;
t.._ NOW, THEREFORE, BE IT RESOLVED, pursuant to the Subdivision Map Act, that the City Council of the City of Mountain View finds:
1. That the approval of the Vesting Tentative Map complies with the California Environmental Quality Act ( CEQA) as it qualifies as a categorically exempt project per CEQA Guidelines Section 15322 (" In - Fill Development Projects') because the project site is less than five acres in size, the project is bordered by urban uses, and the site does not contain sensitive habitat and is adequately served by public utilities.
2. That pursuant to Section 66473. 5 and Subsections ( a) and ( b) of Section 66474 of the Government Code, and Section 28.8 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 Designation of Low -Density Residential of the City, including all required elements therein applicable to said property. The creation of four lots and one common lot is necessary meet the R1 Flag Lot Standards. The design or improvement of the proposed subdivision is consistent with the applicable General Plan and specific plans because the subdivision is subject to the subdivider' s compliance with all of the conditions of approval as required by the Subdivision Committee.
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Attachment 2
3. That pursuant to Subsection (c) of Government Code Section 66474, the site is physically suitable for the proposed type of development because the site layout is compatible with the surrounding single-family neighborhood, and the proposed common lot will provide adequate access to the proposed residential lots.
4. That pursuant to Subsection (d) of Government Code Section 66474, the site is physically suitable for the proposed density of the development because it is consistent with the General Plan Land Use Designation of Low-Density Residential (up to six dwelling units per acre) of the City, including all required elements therein applicable to said property.
5. That 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 habitat pursuant to Subsection (e) of Government Code Section 66474 because the site does not contain sensitive habitat.
6. That the design of the subdivision of type of improvements is not likely to cause serious public health problems pursuant to Subsection (f) of Government Code Section 66474 because the subdivision does not grant any development rights. The four lots and one common lot proposed as part of the subdivision are intended to facilitate the proposed four-unit residential project. No public health impacts will result from the proposed subdivision.
7. That 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 pursuant to Subsection (g) of Government Code Section 66474. There is a public utility easement located on the subject site, but it is located outside the building footprint areas and is not affected by the proposed subdivision.
8. That the Vesting Tentative Subdivision Map to subdivide one lot into four residential lots and one common lot is hereby approved subject to the subdivider' s compliance with all of those conditions of approval as required by the Subdivision Committee and 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. -2-
The foregoing Resolution was regularly introduced and adopted at a Regular Meeting of the City Council of the City of Mountain View, duly held on the 25th day of May 2021, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
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840-0S-2S-21r-1
Councilmembers Abe-Koga, Hicks, Lieber, Matichak, Showalter, Vice Mayor Ramirez, and Mayor Kamei
None
None
APPROVED:
MAYOR
I do hereby certify that the foregoing Resolution was
passed and adopted by the City Council of the City of
Mountain View at a Regular Meeting held on the 25th
day of Ma 2021, by the foregoing vote.
Exhibits: A. Subdivision Conditions of Approval
B. Vesting Tentative Map
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Exhibit A
SUBDIVISION CONDITIONS
APPLICATION NO.: PL - 2020- 185
773 CUESTA DRIVE
1. MAP SUBMITTAL: File a final map for approval and recordation in accordancewith the City Code and the California Subdivision Map Act prior to the issuanceof any building permit for the property within the subdivision.
All existing and proposed easementsareto be shown on the map. Submit two black -line copiesof 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. a. As required by the State Seismic Hazards Mapping Act, a project site-specific geotechnical investigation shall be conductedby a registeredsoils/ geologistidentifying any seismichazardsand recommending mitigation measures to betaken by the project. The applicant, through the applicant' s registered soils engineer/ geologist, shall certify the project complieswith the requirements of the StateSeismicHazards 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 to the Public Works Department with an 8.5" x11" reduction of the map. In order to place the approval of the final map on the agendafor the City Council, all related materials and agreementsmust be completed, signed, and receivedby the Public Works Department 40calendardays prior to the Council meeting. After City Council approval, the City will sign the map and provide a XeroxMylar copy. The applicant's title company shall havethe County Recorder' s Office record the original and endorse the Xerox Mylar copy. The endorsed Xerox Mylar copy and PDF shall be returned to the Public Works Department within one week after recording the map.
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.
MAP PLAN CHECK FEE: Prior to issuanceof any building permits and prior to approval of tho final map, as applicable, the applicant shall pay the map plan checkfeein accordancewith Sections28.27.b and 28.19.b of the City Code per the rates in effect at time of payment.
An initial map plan checkfeebasedon the Public Works adoptedfeescheduleshallbepaid at the time of initial map plan check submittal.
7. PLAN CHECK AND INSPECTION FEE: Prior to issuanceof anybuilding permits and prior to approval of the final map, the applicant shall pay the plan checkandinspectionfeein accordancewith Sections27.60and 28.36of 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 plan check submittal based on the initial cost estimate for constructing street improvements and other BW/ 1/ CDD
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public facilities; public andprivate utilities andstructureslocatedwithin thepublic right-of-way; andutility, grading, and driveway improvements for common green and townhouse - type condominiums.
Once the plans have been approved, the approved cost estimate will be used to determine the final bond amounts, plan check fees, and inspection fees. Any paid initial plan check fee will be deducted from the approved final plan check fee.
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 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. There are separate charges for different types of residential categories so that the capacity charges reasonably 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, and the 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 Public Works Fee Schedule prior 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, as applicable, the applicant shall pay the Park Land Dedication Fee (approximately $ 20,000 to $ 40,000 per unit) for each new residential unit in accordance with Chapter 41 of the City Code prior to the issuance of the building permit.
No credits against the Park Land Dedication Fee will be allowed for the private open space and recreational facilities.
Provide the most current appraisal or escrow closing statement of the property with the following information to assist the City in determining the current market value of the land: ( 1) a brief description of the existing use of the property; ( 2) square footage of the lot; and (3) size and type of each building located on the property at the time the property was acquired.
11. STREET DEDICATION: Dedicate a public street in fee/ easement on the face of the map, as required by the Public Works Director, to widen Cuesta Drive, 50' from the centerline of the street.
12. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 5' wide public utility easement ( PUE) along project streetfrontage(s) on the faceof the map for suchuseassanitary 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 area in amanner 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, carports and storage structures;
Balcozues and porches;
Retaining walls;
C. 3 bioretention systems; and
Private utility lines running longitudinally within the PUE.
13. PUBLIC SERVICE EASEMENT: Dedicate a public service easement ( PSE) on the face of the map to the utility company(ies) for the proposedelectric, gas, and telecommunicationconduits and vaults serving the project.
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14. 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.
15. STORM DRAIN EASEMENT: The subdivider shall provide a private irrevocable storm drain easement over the common lot in favor of the residential lots.
16. PRIVATE UTILITY AND ACCESS EASEMENTS: Dedicate private utility and/ or accesseasements.
17. CC& Rs: Covenants, Conditions, and Restrictions ( CC& Rs) for the homeowners association, together with a completed CC& R checklist, shall be submitted to and approved by the City Attorney' s Office and the Community Development Department prior to approval and recordation of the map. The said covenants shall include and stipulate all of the standard provisions which are shown on the attached sheet. The checklist and proposed CC& Rs shall be annotated to show exactly where each of the standard provisions have been incorporated into the CC& R document.
18. CC&Rs, SPECIALPAVEMENT MAINTENANCE: Thehomeownersassociationshall beresponsiblefor replacing any special pavers or textured/ colored concrete that is removed by the City to repair, replace, or maintain any City underground utilities located within private streets, driveways, or easement areas. This requirement shall be stated in the Covenants, Conditions, and Restrictions ( CC& Rs). A copy of the CC& Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department.
19. CC& Rs, PARKING RESTRICTION: Parking shall be prohibited within the common driveways, excluding approved guestparking, asthe parking would obstructthe useof the driveway. Theseparking prohibitions shallbe stated within the Covenants, Conditions, and Restrictions ( CC& Rs). A copy of the CC& Rs with this provision -- highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department. The common driveway shall be signed and/ or striped as "No Parking' or " No Parking— Fire Lane."
20. CC& Rs, PRIVATE UTILITY MAINTENANCE PLAN AND SANITARY SEWER OVERFLOW PLAN: The Covenants, Conditions, and Restrictions ( CC& Rs) shall include a provision that the homeowners association prepare a private utility maintenanceplan for on-site water, sanitary sewer, and storm drainagefacilities. Themaintenance plan shall include elements such as, but not limited to, flushing of the sanitary sewer and storm lines, cleaning of storm drain inlets and grates, and inspection of the water system ( including flushing and exercising of valves and blowoffs). The CC& Rs shall also include a provision that the HOA prepare a sanitary sewer overflow plan, which includes elements such as 24- hour contact information, response times, confinement, and methods to contain and remediate spills. A copy of the CC& Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department.
21. CC& Rs, RETAINING WALLS: Retaining walls shall have a maximum height of 18", unless an exception is granted by the Community Development and Public Works Departments. A private easement for the retaining walls shall be shown on the final map. Retaining walls along the perimeter of the subdivision shall be maintained by the homeowners association. The maintenance of the retaining walls shall be included in the Covenants, Conditions, and Restrictions ( CC& Rs). A copy of the CC& Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department.
22. CC& Rs, GARBAGE PICKUP ( INDIVIDUAL SERVICE): The Covenants, Conditions, and Restrictions ( CC& Rs) shall include a provision stating that the homeowners are responsible for bringing their garbage, recycling, and compost carts to the curb along the public street on garbage collection days. An exhibit indicating the location of the BW/ 1/ CDD
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carts on pick- up day shall be included. A copy of the CC& Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department.
23. CC& Rs, CART STORAGE: Carts will be required to be stored inside garage at all times with the exception of 24 hours prior to and 24 hours after designated collection day, when carts may be set out in front of the garage. This requirement shall be stated in the Covenants, Conditions, and Restrictions ( CC& Rs). A copy of the CC& Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department and other Departments/ Divisions, as applicable.
24. PUBLIC AND PRIVATE COMMON IMPROVEMENTS: Install or reconstruct standard public and private common improvements required for the subdivision and as required by Chapters 27 and 28 of the City Code. The public improvements include, but are not limited to, new curb, gutter, sidewalk, driveway, and conforms along projectfrontages; new park strip landscapingand irrigation; new water, sewer, and storm facilities, including mains, services/ laterals, water meters, cleanout, inlet, manhole, and any related appurtenances; electric utility improvements; curb and roadway striping; and half -street grind and overlay along the project frontage of Cuesta Drive. The private common improvements include, but are not limited to, new curb, driveway, and conforms; new water, sewer, and storm facilities, including mains, services/ laterals, cleanouts, inlets/ drains and any related appurtenances; and electric utility improvements.
a.
IMPROVEMENT AGREEMENT: The property owner must sign a Public Works Department improvement agreement for the installation of the public and on- site common improvements prior to the approval of the final map.
b. BONDS/ SECURITIES: Sign a Public Works Department faithful performance bond ( 100 percent) and materials/ labor bond ( 100 percent) or provide a letter of credit ( 150 percent) or cash security ( 100 percent) securing the installation and warranty of the off- site and on-site common 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/ fsre/fsreports/ ref/ suretyBnd/ c570 a- z. htm. The bond amount must be below the underwriting limitation amount listed on the Department of the Treasury'sListing of Approved Sureties. The surety must belicensedto do businessin California. Guidelinesfor security areavailableat the Public Works Department.
C. INSURANCE: Provide a Certificate of Insurance and endorsements for Commercial General Liability and Automobile Liability naming the City asan additional insured from the entity that will signthe 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 Dollars ($ 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.
25. 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 project. 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 ( 10 sets), 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 BW/ 1/ CDD
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submittal of the building plans. The off-site plansmust 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 F' Mylar ( 4 mil) set of the plans, and CD with CAD file and PDF must be submitted to the Public Works Department t prior to the approval of the final map. CAD files shall meet the City' s Digital Data Submission Standards.
26. PRIVATE COMMON IMPROVEMENT PLANS: Prepare on-site common improvement plans consisting of the proposed demolition, fill, grading, retaining walls, drainage, private streets, common driveways, common utilities, public utilities, and other applicable improvements in accordance with Chapter 28 of the City Code, the Standard Design Criteria for Common Green and Townhouse - Type Condominiums, and the conditions of approval of the subdivision. The plans are to be drawn on 24" x36" sheets at a minimum scale of 1" = 20'. The improvement plans 10 sets), 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. The improvement plans must be approved and signed by the Public Works Department. After the improvement 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. Where both public and common improvement plans are required, the plans shall be combined into one set of plans.
27. 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.
28. UNDERGROUNDING OF OVERHEAD SERVICES: All new and existing electric and telecommunication facilities serving the subdivision are to be placed underground ( including transformers). The undergrounding of the new and existing overhead electric and telecommunication lines is to be completed prior to issuance of a Certificate of Occupancy for any new buildings within the subdivision. ( If allowed by the City, aboveground transformers shall - µ be locatedso theyare screenedor not visiblefromthe streetor to the generalpublic, as approvedby the Community Developmentand Public Works
Departments.) 29. JOINT UTILITY PLANS: Upon submittalof the initial buildingpermitand improvementplans, the applicant shall submitjoint utility plans showingthe locationof the proposedelectric, gas, and telecommunicationconduits and associatedfacilities, including, but not limitedto, vaults, manholes, cabinets, pedestals, etc. These plans shall be combinedwith and made partof the improvementplans. Joint trench intent drawingswill be acceptedat first improvementplan submittal. All subsequent improvementplan submittalsshall includejoint trench design plans. Dedicatepublic utility easementsthatare necessaryfor the commonutilityon the final map. 30. UTILITY MAINTENANCE: On- site water, sanitarysewer, and storm drainage facilitiesshallbe privately
maintained. 31. RETAININGWALL: Retainingwalls shall havea maximumheightof 18", unlessan exceptionis grantedby the Community Developmentand Public Works Departments. A private easementfor the retainingwalls shallbe shownon the final map. Retainingwalls alongthe perimeterof the subdivisionshallbe maintainedby the homeowners association. The maintenanceof the retainingwalls shallbe includedin the Covenants, Conditions, and RestrictionsCC& Rs). A copyof the CC&Rs with this provisionmarkedor highlightedshallbe submittedto the Community DevelopmentDepartmentfor reviewand approvalby the Public Works Department. 32. SURFACE WATER RELEASE: Providea surface stormwater releasefor the lots, driveways, alleys, and private streetsthat preventsthe residential buildingsfrom being floodedin the eventthe storm drainagesystem becomesblockedor obstructed. Showand identifypathof surfacewater releaseon the improvement plans.
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33. LOT DRAINAGE: Each residential lot shall be designed to drain toward the streets, alleys, common driveways, or common areas. The drainage paths for the privately owned lots shall be designed such that the drainage paths do not cross the common property lines unless an exception is approved by the Public Works Department due to unavoidable circumstances ( such as to provide drainage to an existing Heritage tree).
34. 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.
35. SANITARY SEWER HOLD HARMLESS AGREEMENT: If the sanitary sewer connection( s) inside the structure( s) is/ are less than 1' above the rim elevation of the upstream sanitary sewer manhole, before approval of the building permit, the owner shall sign an agreement to hold the City harmless against sewer surcharges or blockages that may result in on-site damage prior to approval of the final map.
36. SUBDIVISION AND DESIGN CRITERIA PROVISIONS: It is the applicant' s responsibility to comply with relevant provisions of Chapter 28 of the City Code and with the City' s Design Criteria for Common Green Developments and Townhouse - Type Condominiums.
37. CONSISTENCY WITH OTHER APPROVALS: This map shall be consistent with all requirements of the Planned Unit Development Permit, Application No. PL - 2020- 184. 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.
38. 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 L extension is approved, conditionally approved, or denied, whichever occurs first.
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VESTING TENTATIVE MAP
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