Attachment 2
-1-
CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
APPROVING A PRELIMINARY PARCEL MAP TO COMBINE TWO LOTS INTO ONE 0.26-ACRE LOT AT 701-747 WEST EVELYN AVENUE
WHEREAS, an application (Application No. PL-2022-196) was received from Vincent Woo, on behalf of Marwood MV Manager, LLC , for a Preliminary Parcel Map (Subdivision Map) to combine two lots into one at 701-747 West Evelyn Avenue; and
WHEREAS, the Subdivision Committee held a duly noticed public hearing on October 11, 2023, on said application and recommended the City Council conditionally approve the Subdivision Map subject to the findings and conditions of approval attached hereto as Exhibit A; and
WHEREAS, the City Council held a public hearing on November 7, 2023, on said application and received and considered all evidence presented at said hearing, including the attached recommendation from the Subdivision Committee, the City Council report, and project materials; now, therefore, be it
RESOLVED: that, pursuant to the Subdivision Map Act, the City Council of the City of Mountain View finds that:
1. Pursuant to Section 66473.5 and Subsections (a) and (b) of Section 66474 of the Government Code and Section 28. 2 of the Mountain View City Code, the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan Land Use Des ignation of Downtown Mixed -Use, including all required e lements therein applicable to said property.
2. Pursuant to Subsections (c) and (d) of Government Code Section 66474 and Section 28.2.05 of the City Code, the site is physically suitable for the proposed office and retail development at its proposed density because the site is zoned to allow the proposed office and retail development, and the site adequately accommodates vehicle, pedestrian, and bicycle circulation to meet requirements for life safety, City services , and occupants of the project.
Additionally, the proposed Subdivision Map facilitates the construction of a new office and retail development that can be fully served by the physical infrastructure and services provided within the City.
3. Pursuant to Subsection (e) of Government Code Section 66474, the design of the subdivision or the proposed improvements are not likely to cause substantial environmental -2-
damage or substantially and avoidably injure fish or wildlife or their habitats as it qualifies as a categorically exempt project per Section 15332 (“In-Fill Development Projects”) because the site is consistent the following findings:
a. The site is consistent with the applicable General Plan and zoning designation and regulations. The project site has a General Plan Zoning Designation of Downtown Mixed - Use, which allows office and retail uses. The zoning designation for the site is P(19) Downtown Precise Plan, Area H. The site allows up to 2.75 office floor area ratio (FAR). The project proposes
2.72 FAR, which is consistent with the intensities outlined in the Precise Plan;
b. The proposed development occurs within City limits on a project site of no more than five acres and is substantially surrounded by urban uses. The proposed project is 0.26 acre and is located on all sides by urban uses, such as commercial development and public parking lots;
c. The project site has no value as habitat for endangered, rare, or threatened species. The project site is currently completely covered with buildings and paving. There are no nearby known bird habitats or other species as the site is located within an urban area and surrounded by pavement and existing commercial development with limited vegetation. The project includes three Heritage trees intended for removal, but standard conditions of approval are included requiring that a preconstruction nesting bird survey be conducted prior to the start of any construction to ensure no bird species exist on-site that may be impacted by construction;
d. Approval would not result in any significant impacts relating to traffic, noise, air quality, or water quality. The proposed project is screened out from impacts related to vehicle miles traveled (VMT) under the City’s VMT policy implementing Senate Bill (SB) 743 as the site is located within one-half mile of a major transit stop and is greater than 0.75 FAR. Conditions of approval are included to ensure construction -related noise is limited by best practices and operational noise associated with the project shall not exceed 55 db(A). Additionally, the project size is less than Bay Area Air Quality Management District (BAAQMD) screening criteria for operations and construction and conditions of approval require conformance with BAAQMD requirements for demolition and construction to reduce fugitive dust emissions that may be a result of construction. Lastly, conditions of approval require conformance with applicable stormwater treatment requirements; and
e. The project site can be adequately served by all required utilities and public services as a utility study was conducted in September 2019 which found that, with construction of previously planned sewer improvements, the system has adequate capacity for this project.
4. Pursuant to Subsection (f) of Government Code Section 66474 and Section 28.2.05 of City Code, the design of the subdivision and proposed improvements are not likely to cause serious public health problems because the project will be consistent with the policies i ncluded in the General Plan, Downtown Precise Plan, and the City Code and incorporate standard conditions of approval to protect public health, safety, convenience, and welfare. Proposed -3-
public (off -site) improvements are designed to meet City design stan dards and City Code.
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. Pursuant to Subsection (g) of Government Code Section 66474 and Section 28.2.05 of 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; and be it
FURTHER RESOLVED : that the Subdivision 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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Exhibits: A. Subdivision Conditions of Approval
B. Preliminary Parcel Map
Exhibit A
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SUBDIVISION CONDITIONS
APPLICATION NO.: PL-2022-196
701-747 WEST EVELYN AVENUE
FINAL MAP
1. MAP SUBMITTAL: File a parcel 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 the map for review concurrent with all items on the Map Checklist and the Off-Site Improvement Plans to the Public Works Department. All required materials shall be submitted electronically (i.e., flattened, reduced-size PDFs).
2. PRELIMINARY TITLE REPORT: At first submittal of a parcel map to the Public Works Department, the applicant shall provide a current preliminary title report indicating the exact name of the current legal owners of the property(ies), their type of ownership (individual, partnership , corporation, etc.), and legal description of the property(ies) involved (dated within six months of the submission). The title report shall include all easements and agreements referenced in the title report.
Depending upon the type of ownership, addit ional information may be required. The applicant shall provide an updated title report to the Public Works Department upon request. All required materials shall be submitted electronically (i.e., flattened, reduced-size PDFs).
3. SOILS REPORT: Soils and geotechnical reports prepared for the subdivision shall be indicated on a parcel map. Submit a copy of the report with the first submittal of a parcel map. All required materials shall be submitted electronically (i.e., flattened, reduced-size PDFs).
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 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. MAP DOCUMENTS: Prior to the approval and recordation of the map, submit a subdivision guarantee, Santa Clara County Tax Collector’s letter regarding unpaid taxes or assessment s, and subdivision security if there are unpaid taxes or special assessments. All required materials shall be submitted electronically (i.e., flattened, reduced -size PDFs).
5. PARCEL MAP APPROVAL: When all subdivision-related materials and agreements have been completed, the original parcel map shall be signed and notarized by the owners and engineer/surveyors and submitted to the Public Works Department for the City Engineer to sign the map. The applicant’s title company shall have the Santa Clara County Recorder’s Office record the original and shall provide a Xerox Mylar copy of the map to be endorsed by the Santa Clara 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.
RIGHTS-OF-WAY
6. STREET DEDICATION: Dedicate a public street in fee on the face of the map to widen West Evelyn Avenue an additional 5’ along the project frontage approxima tely 107 lineal feet from parcel’s western property line, as required by the Public Works Director.
7. MAINTAIN 20’ STREET CORNER RADIUS: Maintain the existing 20’ radius public street corner return (street and utility easement) at West Evelyn Avenue and Hope Street, as required by the Public Works Director. (PROJECT-SPECIFIC
CONDITION)
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8. EASEMENT VACATIONS AND QUITCLAIMS: All existing easements that are or will no longer be needed and/or conflict with the proposed buildings and structures shall be vacated or quitclaimed. The application to vacate all existing public easements which are or will no longer be needed or conf lict with the proposed buildings and structures was approved by City Council with the original project, PL -2018-025. Easements in conflict with the proposed building shall be vacated prior to the issuance of the building permit. The recording number of the easement vacation and quitclaim document(s) shall be included on the parcel map. (PROJECT-SPECIFIC CONDITION)
ASSESSMENTS, FEES, AND PARK LAND
9. SUBDIVISION FEES: Pay all subdivision fees due in accordance with the rates in effect at the time of payment prior to the approval of a parcel map.
10. MAP PLAN CHECK FEE: Prior to approval of a parcel map, 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. The map plan check fee shall be paid at the time of initial map plan check submittal per the adopted fee in effect at time of payment.
11. PLAN CHECK AND INSPECTION FEE: Prior to approval of a parcel 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 improve ment 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 improvemen ts 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.
12. TRANSPORTATION IMPACT FEE: Prior to approval of a parcel map, 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.
13. BLOSSOM LANE NO-BUILD RESTRICTION AREA COMPENSATION: Prior to the approval of the parcel map, the applicant shall provide compensation at the rate or amount as established or determined by the Public Works Director for encumbering Blossom Lane with a no-build restriction area.
STREET IMPROVEMENTS
14. 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. These public improvements include, but are not limited to: new curb, gutter, sidewalk, Americ ans with Disabilities Act (ADA) curb ramp, sidewalk, streetlights on Hope Street and West Evelyn Avenue; new curb on Blossom Lane; new commercial driveway approach to Blossom Lane on West Evelyn Avenue; new water sewer, gas, electric, and telecommunication services; new storm lateral and curb inlet on West Evelyn Avenue; street overlay and/or pavement reconstruction on West Evelyn Avenue, Hope Street, and Blossom Lane; new crosswalk and roadway signing and striping on Hope Street, West Evelyn Avenue, and Blossom Lane; red curb on Hope Street, West Evelyn Avenue, and Blossom Lane; and new curb ramps and crosswalk intersection striping at the Hope Street/Villa Street intersection.
a. Improvement Agreement : Prior to the approval of a parcel map, the property owner must sign a Public Works Department improvement agreement for the installation of the public improvements.
b. Bonds/Securities: Prior to the approval of a parcel map, the property owner must sign a Public Works Department faithful performance bond (100%) and materials/labor bond (100%) or provide a letter of credit (150%) or cash security (100%) securing the installation and warranty of the off -site public 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
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Department of the Treasury’s Listing of Approved Sureties on Federal Bonds, Department Circular 570. This list of approved sureties is available th rough 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.
c. Insurance: Prior to the approval of a parcel map, the property owner must 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 i mprovement agreement. 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) Contractor’s Pollution Liability, and One Million Dollars ($1,000,000) Workers’ Compensation. The insurance requirements are available from the Public Works Department.
15. 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.
16. 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”x36” 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 Californi a 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. Construction management plans:
Locations of on-site parking for construction equipment and construction workers and on -site material storage areas must be submitted for review and approval and shall be incorporated into the off -site improvement plans and identified as “For Reference Only.”
Off-site improveme nt 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 a parcel map. All required materials shall be submitted electronically (i.e., flattened, reduced-size 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 one half-size black-line sets, one PDF of the signed/stamped plan set, and a USD flash drive with CAD file and PDF must be submitted to the Public Works Department prior to the approval of a parcel map.
CAD files shall meet the City’s Digital Data Submission Standards.
UTILITIES
17. ON-SITE UTILITY MAINTENANCE: On-site water, sanitary sewer, and storm drainage facilities shall be privately maintained by the property owner(s).
18. 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 be located so they are screened in the least visible location from the street or to the general public, as app roved by the Community Development and Public Works Departments.
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19. 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. Appropriate horizontal and vertical clearances in accordance with PG&E requirements shall be provided between gas transm ission lines, gas service lines, overhead utility lines, street trees, streetlights, and building structures. These plans shall be combined with and made part of the improvement plans. Joint trench intent drawings will be accepted at first improvement pl an submittal. All subsequent improvement plan submittals shall include joint trench design plans. Dedicate public utility easements that are necessary for the common utility on a parcel map.
GRADING AND DRAINAGE IMPROVEMENTS (ON-SITE)
20. ON-SITE DRAINAGE REQUIREMENTS: On-site grading shall not impact Blossom Lane. Plans shall clearly show a separation (no mixing) of stormwater drainage between the development and Blossom Lane.
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 a parcel 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 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 a parcel map.
OTHER APPROVALS AND EXPIRATION
23. CONSISTENCY WITH OTHER APPROVALS: This map shall be consistent with all requirements of the Planned Community Permit and Development Review Permit, Application No. PL -2022-050. All conditions of approval imposed under that application shall remain in full force and effect and shall be met prior to approval of a parcel map.
24. APPROVAL EXPIRATION: If the map is not completed within 24 months from the date of this approval, this map shall expire.
The map is eligible for an extension of an additional 12 months, provided the application for extension is filed with the Planning Division 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 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first.
BLOSSOM LANE
GRANT DEED
(Doc. No. 23064815)
APN: 158-20-015
0.1795±ACRES
GRANT DEED
(Doc. No. 23483291)
APN: 158-20-066
0.1033±ACRES
CASTRO STREET
WEST EVELYN AVENUE
HOPE STREET
VILLA STREET
NOTES
VICINITY MAP
N
SITE
EXISTING CONDITIONS
ABBREVIATIONS
REFERENCE
RYAN M. AMAYA L.S. 8134
PREPARED BY OR UNDER THE SUPERVISION OFDATE
LEGEND
NORTH
kwKIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Building 22 Phone (408) 727-6665 Santa Clara, California 95054 Fax (408) 727-5641 www.kierwright.com
Exhibit B
701 WEST EVELYN AVE
FF = 73.20
BLOSSOM LANE
PARCEL 1
0.2599±ACRES
CASTRO STREET
WEST EVELYN AVENUE
HOPE STREET
VILLA STREET
PROPOSED CONDITIONS
ABBREVIATIONS
REFERENCE
LEGEND
NORTH
kwKIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Building 22 Phone (408) 727-6665 Santa Clara, California 95054 Fax (408) 727-5641 www.kierwright.com
WEST EVELYN AVENUE
HOPE STREET
BLOSSOM LANE
PARCEL 1
0.2722±ACRES (GROSS)
0.2599±ACRES (NET)
CASTRO STREET
VILLA STREET
kwKIER & WRIGHT
CIVIL ENGINEERS & SURVEYORS, INC.
3350 Scott Boulevard, Building 22 Phone (408) 727-6665 Santa Clara, California 95054 Fax (408) 727-5641 www.kierwright.com
EASEMENTS & BOUNDARY
DETAIL SHEET
LEGENDABBREVIATIONS
NORTH
RESTRICTION