CITY OF MOUNTAIN VIEW
RESOLUTION NO. 18413
SERIES 2019
A RESOLUTION CONDITIONALLY APPROVING A VESTING TENTATIVE MAP TO SUBDIVIDE A 0. 39 - ACRE SITE FOR SIX RESIDENTIAL CONDOMINIUM UNITS AT 1958 LATHAM STREET
WHEREAS, an application was received from Jason Kim, LLC, for a Tentative Subdivision Map to createsix residential lots and onecommon lot at 1958LathamStreet Application No. PL - 2019- 146); and
WHEREAS, on November 13, 2019, 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 December 10, 2019, 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;
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NOW, THEREFORE, BE IT RESOLVED, pursuant to the Subdivision Map Act, that the City Council of the City of Mountain View finds:
1. The project conforms with CEQA because the project is categorically exempt pursuant to Section 15332 (" Infill Development") of the CEQA Guidelines.
2. That, pursuant to Section 66473. 5 and Subsections ( a) and ( b) of Section 66474 of the Government Code, and Section 28. 8of the Mountain View City Code, the City Council herebyfinds that the proposed subdivision, togetherwith the provisions for its design and improvement, is consistent with the General Plan Land Use Designation of Medium --High Density Residential ( up to 36 dwelling units per acre) of the City, including all required elements therein applicable to said property.
3. That the Tentative Subdivision Map for 1958 Latham Street 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.
Be
Attachment 2
TIME FOR TUDICIAL 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.
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 10th day of December 2019, by the following vote:
AYES: Councilmembers Clark, Hicks, Kamei, McAlister, Ramirez, Vice Mayor Abe- Koga, and Mayor Matichak
NOES: None
ABSENT: None
8: ATTEST: APPROVED:
LJ
LI ATUSCH
CITY CLERK
LI A MATICItAK
MAYOR
I do hereby certify that the foregoing Resolution was
passedand adopted by the City Council of the City of
Mountain View at a Regular Meeting held on the 10th
clayof December2019, b theforegoing vote.
City C rk _ ... _.
City, f Mountain View
KP/ 2/ RESO/ 828- 12- 10- 19r
Exhibits: A. Subdivision Conditions of Approval
B. Vesting Tentative Map
2-
Exhibit A
SUBDIVISION CONDITIONS
APPLICATION NO.: PL - 2019- 146
1958 LATHAM STREET
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 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 ColIector' 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 conducted by a registeredsoils/ geologist identifying any seismic hazards and recommending mitigation measures to be taken by the project. The applicant, through its registered soils engineer/ geologist, shall certify 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 to the Public Works Department with an 8.5" x11" reduction of the snap. 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 received by the Public Works Department 40 calendar days prior to the Council meeting. After City Council approval, the City will sign the map and provide a Xerox Mylar copy. The applicant's title company shall have the County Recorder's Office record the original and endorsethe 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 feesdue in accordancewith 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 the final map, as applicable, the 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 based on the Public Works adopted fee schedule shall be paid at the time of initial map plan check . Submittal.
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 theCity Codeper the adoptedratesin effectat 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 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 plans have been approved, the approved cost estimate will be used to determine the final bond amounts, KP/ 2/ CDD
828- 11- 01- 19SD Page 1 of 5
plan checkfees, and inspectionfeet Any raid initial plan checkfee will be deducted Fromthe approved final plan check fee.
S. TRANSPORTATION IMPACT FEE: Prior to issuanceof any building permits and prior to approval of the final map, asapplicable, the applicant shall pay the transportation impact feefor the development. Residentialcategory 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. Feesneed to be paid per the Public Works Fee Schedule prior to Public Works approving the final map.
10. PARK LAND DEDICATION FEE: Prior to issuanceof 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 againstthe Park Land Dedication Feewill be allowed for the private open spaceand recreational facilities. Provide the most current appraisal or escrow closing statement of the property with the following information to assistthe City in determining the current market value of the land: ( 1) a brief description of the existing useof the property; (2) squarefootageof thelot; and (3) sizeand type of eachbuilding located on the property at the time the property was acquired.
11. STORM DRAINAGE FEE: Prior to issuance of any building permits and prior to approval of the final map, the applicant shall pay the off- site storm drainage fee per Section 28.51(b) and with the rates in effect at time of payment.
12. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 5` wide public utility easement ( PUE) along project street frontage( s) 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 area 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, carports, and storage structures;
Balconies and porches;
Retaining walls;
C. 3 bioretention systems; and
Private utility lines running longitudinally within the PUE.
13. UTILITY EASEMENT AND APPROVALS: Dedicateutility easements, asrequired by the utility companiesand 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 companiesprior to the approval of the final map.
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14. 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 exactlywhere eachof the standard provisions have beenincorporated into the CC&R document.
15. CC& Rs, SPECIAL PAVEMENT MAINTENANCE: The homeowners association shall be responsible for replacing any specialpaversor textured/ colored concretethat 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 besubmitted to the Community Development Departmentfor review and approval by the Public Works Department.
16. CC& Rs, PARKING RESTRICTION: Parking shall be prohibited within the common driveways, excluding approved guest parking, as the parking would obstruct the use of the driveway. These parking prohibitions shall be 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."
17. 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 drainage facilities. The maintenanceplan shall include elementssuchas, but not limited to, flushing of the sanitary sewerand storm lines, cleaningof storm drain inlets and grates, and inspection of the water system (including flushing and exercisingof 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 containandremediatespills. A copy of the CC&Rswith this provision marked or highlighted shall besubmitted to the Community Development Department for review and approval by the Public Works Department.
18. CC& Rs, GARBAGE PICKUP ( INDIVIDUAL SERVICE): The Covenants, Conditions, and Restrictions ( CC& Rs) shall include a provision stating that the homeowners are responsiblefor bringing their garbage, recycling, and compost carts to the curb along Latham Street on garbage collection days. An exhibit indicating the location of the carts on pick-up day shall be included. A copy of the CC&Rswith this provision marked or highlighted shall be submitted to the Community DevelopmentDepartment for review and approval by the Public Works Department.
19. CC& Rs, CART PLACEMENT: The residents/ homeowners association shall be responsible for bringing the trash, recycling, and compost carts to Latham Street for placement with wheels against the curb by 6:00 a.m. on the collection day assigned by the City' s waste hauler. Carts may be set out no earlier than the day before collection, and must be removed from the public street no later than the day after collection. Carts must be stored in the garages at all other times. An exhibit showing the set -out location shall be included in the CC& Rs. 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.
20. CC&Rs, CART STORAGE: Cartswill berequired to bestored inside garagethat measuresminimum 5'6" wide by 3' deep at all times with the exception of 24 hours prior to and 24 hours after designated collection day, when carts may be set out on Latham Street. This cart storage area must be shown on the initial building permit plans. 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.
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21. PUBLIC IMPROVEMENTS: Install or reconstruct standard public improvements that are required for the subdivision and as required by Chapters 27 and 28 of the City Code. Theseimprovements include, but are not limited to: abandonment of existing utility services; new domestic water, irrigation, storm, and sewer service connections; new curb, gutter, sidewalk, and driveway; new street trees; a streetlight; underground of existing overhead utilities; and half -street overlay improvements.
22. 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. a. 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 improvements in a form approved by the City Attorney' s Office. The surety (bond company) must be listed as an acceptablesurety on the most current Department of the Treasury's Listing of Approved Suretieson FederalBonds, DepartmentCircular 570. This list of approved sureties is available through the Internet at:
www. fiscal.treasury.gov/ fsregorts/ ref/ sureiyBnd/ 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 businessin California. Guidelines for security areavailable at the Public Works Department.
b. INSURANCE: Provide a Certificate of Insurance, Commercial General Liability endorsement, and Automobile Liability endorsement naming the City an additional insured from the entity that will sign the improvement agreementprior to the issuanceof the building permit and 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, and One Million Dollars ($ 1, 000, 000) Workers' Compensation. The insurance requirements are available from the Public Works Department.
23. OFF- SITE IMPROVEMENT PLANS: Prepare off- site public improvement plans in accordance with Chapter 28 of the City Code, the City' s Standard DesignCriteria, 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. Locationsof 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 submittal of the building plans. 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.
24. 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.
25. 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 Ll 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 KP/ 2/ CDD
828- 11- 01- 19SD Page 4 of 5
transformers Shall be located so they are screenedor not visible from the street or to the general public, as approved by the Community Development and Public Works Departments.)
26. 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 associatedfacilities, including, but not limited to, vaults, manholes, cabinets, pedestals, etc. Theseplans shall be combined with and made part of the improvement plans. Joint trench intent drawings will be accepted at first improvement plan submittal. All subsequent improvement plan submittals shall include joint trench design plans.
Dedicate public utility easements that are necessary for the common utility on the final map.
27. UNDERGROUNDING OF OVERHEAD LINES: Underground existing overhead electric and telecommunication facilities fronting the property along Latham Street, 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 issuanceof a Certificate of Occupancyfor any new unit. All poles fronting the property shall be removed. If the undergrounding requirement is waived, subdivider shall fulfill whatever substitute conditions the City shall imposeprior to final map approval.
28. UTILITY MAINTENANCE: On-site water, sanitary sewer, and storm drainage facilities shall be privately maintained.
29. SURFACE WATER RELEASE: Provide a surface stormwater release for the lots, driveways, alleys, and private streetsthat preventsthe residential buildings from being flooded in the event the storm drainage systembecomes blocked or obstructed. Show and identify path of surface water release on the improvement plans.
30. 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 Iots 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 rs
unavoidable circumstances ( such as to provide drainage to an existing Heritage tree).
31. 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.
32. CONSISTENCY WITH OTHER APPROVALS: This map shall be consistentwith all requirementsof the Planned Unit Development Permit and Development Review Permit, Application No. PL - 2019- 144. 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.
33. 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 extensionof an additional twelve (12) months, provided the requestfor extensionis filed by the applicant prior to the expiration of the original map. Upon filing a timely application for extension, the map shall automatically beextendedfor sixty (60) daysor until theapplication for the extensionis approved, conditionally approved, or derued, whichever occursfirst.
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1 VESTING TENTATIVE SUBDIVISION MAP
ONE- LOT SU13DMSION FOR RESIDENTIAL
CONDOMINIUM PURPOSES
1958 LATHAM STREET
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