ATT 2 - Vesting Tentative Map Resolution — Mountain View City Council, December 17, 2024

Attachment 2

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CITY OF MOUNTAIN VIEW
RESOLUTION NO.

SERIES 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW

CONDITIONALLY APPROVING A VESTING TENTATIVE MAP TO CREATE FIVE NEW LOTS,

WITH ONE LOT FURTHER SUBDIVIDED INTO SIX UNITS FOR CONDOMINIUM PURPOSES

FOR THREE PARKING GARAGE UNITS, TWO RESIDENTIAL UNITS, AND ONE COMMERCIAL UNIT ON A 10.58-ACRE LOT
AT 675-685 EAST MIDDLEFIELD ROAD (APN 160-60-013)

WHEREAS, an application (Application No. PL-6535) was received from Michael Ducote, on behalf of Prometheus Real Estate Group (PREG), LP, for a Vesting Tentative Map to create five lots, including one common lot, with one lot further subdivided into six units for condominium purposes for three garage units, two residential units, and one commercial unit on a 10.58 -acre lot at 675-685 East Middlefield Road; and

WHEREAS, this project includes a new residential subdivision and is , therefore, subject to the City’s Park Land Dedication Ordinance (Chapter 41 of the Mountain View Code (City Code)), which requires dedication of park land in the amount of three acres per 1,000 residents or payment of an in-lieu fee; and

WHEREAS, a park land dedication or payment of a park land dedication in-lieu fee is critical to provide needed park facilities for the occupants of this project because it is located in the Whisman Planning Area identified in the 2014 Parks and Open Space Plan, which is an area having a deficiency of 7.44 acres of park land for existing residents of the area based on the General Plan standard of three acres of park land per 1,000 residents. The Whisman Planning Area is currently developed with 18.44 acres of park land where 25.88 acres of park land is required to serve the current population. Therefore, there currently are not adequate park land facilities available for occupants of this project, and additional park facilities are necessary; and

WHEREAS, the Environmental Planning Commission held a duly noticed public hearing on November 20, 2024 on said application and recommended the City Council conditionally approve a Vesting Tentative Map for the project site and a Planned Community Permit, Development Review Permit, and Heritage Tree Removal Permit for the project; and

WHEREAS, the City Council held a public hearing on December 17, 2024 on said application and received and considered all evidence presented at said hearing, including the recommendation from the Environmental Planning Commission, the City Council report, and project materials, and determined that the Vesting Tentative Map is consistent with the applicable zoning and subdivision requirements in the General Plan, East Whisman Precise Plan, and the City Code; and

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WHEREAS, on that same date, the City Council adopted a companion Resolution to adopt the Initial Study of Environmental Significance for the 675-685 East Middlefield Road Mixed-Use Project and conditionally approve a Planned Community Development Permit, Development Review Permit, and a Heritage Tree Removal Permit for the proposed project; and

WHEREAS, subdivision of the property will facilitate the development of the project site consistent with applicable provisions of the General Plan and East Whisman Precise Plan; now, therefore, be it

RESOLVED: that the City Council of the City of Mountain View has considered the Initial Study of Environmental Significance for the 675 -685 East Middlefield Road Mixed -Use Project (attached as Attachment 11 to the City Council staff report and incorporated herein by reference as though fully set forth herein) prior to making a decision on the proposed project; and be it

FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the Vesting Tentative Tract Map (Application No. PL-6535):

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with applicable general and specific plans. (Gov. Code, §§ 66473.5, 66474.) The proposed subdivision, together with the provisions for its design and improvement, is consistent with applicable general and specific plans because the subdivision provides for development that is consistent with the East Whisman Mixed -Use General Plan Land Use Designation and Development Standards in the East Whisman Precise Plan (EWPP) that apply to the site, incorporating two permitted subdivision-related design exceptions approved by the City Council as part of the project’s companion Resolution to cond itionally approve a Planned Community Development Permit, Development Review Permit, and a Heritage Tree Removal Permit for the proposed project : (A) to allow Lot A, a 1.59 -acre common lot comprised of the L-shaped service street on -site, to have a lot width that varies from 41.5 ’ to 67’, in lieu of the required 150’, as t his lot is proposed as a nondevelopable lot , would be jointly maintained by each ownership entity of the buildable lots in the mixed -use development and meets the intent and purpose of the EWPP by providing a required connection through the project per the EWPP’s multi-modal circulation plan ; and (B) to allow a p arcel size of 0.8 acre for Lot 3, on which the applicant proposes to partner to construct a standalone Below-Market-Rate (BMR) building per their Alternative Mitigation proposal under the City’s BMR Program, to be affordable in perpetuity; Lot 3 is less than the EWPP lot size standard of one acre for new lots but meets the intent of the EWPP’s reduced 0.75 -acre minimum lot size standard for affordable housing projects on dedicated land, even though Lot 3 would not be dedicated to the City.

2. The site is physically suitable for the type of density and development. (Gov. Code, § 66474.) The subdivision facilitates development of the project , which provides 836 mixed - income residential units (686 market-rate units and 150 BMR units), a 275,200 square foot office building, 2,344 square feet of neighborhood commercial space, 8.5 -level standalone parking garage, and 0.52 -acre publicly accessible, privately owned park, all of which support a diverse

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mix of households, businesses, and public spaces, consistent with the permitted uses in the EWPP and generally complying with applicable standards for this intensity and type of development under the EWPP. The project proposes a 2.711 combined floor area ratio (FAR), which does not exceed the EWPP’s 3.50 FAR maximum for mixed -use projects located within the Mixed -Use Character Area, High-Intensity Subarea. As such, the 10.58-acre site is physically suitable for the type and density of the mixed-use development, and the proposed uses are compatible with the existing office and research and development uses located to its west, northwest, and northeast, and the multi-family development to the southwest.

3. The proposed design of the subdivision and the improvements, as conditioned, will not cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Gov. Code, § 66474.) An Initial Study of Environmental Significance was prepared per the California Environmental Quality Act (CEQA) Guidelines, which analyzed the proposed development, including project improvements and subdivision proposal, and documents that with implementation of the East Whisman Precise Plan standards and guidelines, City Code requirements, standard conditions of approval, state and federal regulations, and mitigation measures adopted with the East Whisman Precise Plan Final EIR, the proposed project would not result in any new or substantially more severe environmental impacts compared to those evaluated in the previously certified East Whisman Precise Plan EIR and Mountain View 2030 General Plan and Greenhouse Gas Reduction Program Final EIR, and no supplemental or subsequent environmental review is required.

4. The design of the subdivision and its improvements will not cause serious public health problems. (Gov. Code, § 66474.) The design of the subdivision and the type of improvements are not likely to cause serious public health problems because the project is designed to be consistent with applicable policies and regulations in the General Plan, East Whisman Precise Plan, and the City Code, and will be subject to standard conditions of approval intended to protect public health, safety, convenience, and welfare. The project will further be reviewed for compliance with Building and Fire Codes to ensure on -site improvements comply with applicable codes for safe habitation. Additionally, proposed public (off-site) improvements are designed to meet applicable EWPP design standards and the City Code and have undergone multi-modal transportation analysis to ensure they are properly designed and do not conflict with applicable City Codes, public improvement plans, and standard details.

5. The design of the subdivision and its improvements will not conflict with easements, acquired by the public at -large, for access through or use of property within the subdivision. (Gov. Code, § 66474.). There are existing public utility easements within the subdivision, which will remain. The subdivision does not conflict with these easements and includes additional easements to the benefit of the public at-large for circulation through the site.

6. For a proposed subdivision with more than five hundred (500) dwelling units, water will be available and sufficient to serve the proposed subdivision in accordance with Section 66473.7 of the Subdivision Map Act. (Gov. Code, § 664733.7.) The Water Supply Assessment conducted for the East Whisman Precise Plan analyzed available water supplies and determined

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water will be available and sufficient to serve analyzed build -out of the Precise Plan area, including the proposed subdivision.

7. The discharge of waste from the proposed subdivision into the sewer system will not violate regional water quality control regulations. (Gov. Code, § 66474.6) . The project utility analy sis considered public services associated for the proposed development and improvement plans were reviewed for consistency with applicable regulations . The project subdivision will comply with applicable regulations and will not result in the discharge of waste into the sewer system that would violate regional water quality control regulations.

8. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. (Gov. Code, § 66473.1.) The subdivision design and lot configuration allows opportunity for both passive or natural he ating and cooling as the subdivided parcels will be developed with individual buildings, with additional glazing providing exposure to the sun and building features and layouts that provide shade, resulting in balanced access to natural light and ventilation; and be it

9. The City has considered the effects of housing needs of the region in which the local jurisdiction is situated and balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Gov. Code, § 66412.3.) In approving the vesting tentative tract map, the City Council has considered its effect upon the housing needs of the region, balanced with the public service needs of Mountain View residents and available fiscal and environmental resources; 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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PB/1/RESO
824-12-17-24r-1

Exhibits: A. Subdivision Conditions of Approval
B. Vesting Tentative Map

CITY OF MOUNTAIN VIEW

SUBDIVISION CONDITIONS

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APPLICATION NO.: PL-6535
DATE OF FINDINGS:

EXPIRATION OF ZONING PERMIT:

THIS DOCUMENT REPRESENTS THE ZONING PERMIT RECEIVED FOR THE SUBJECT SITE. THIS DOCUMENT DOES NOT WAIVE THE

REQUIREMENT FOR SUBSEQUENT CITY APPROVALS AS APPLICABLE, INCLUDING, BUT NOT LIMITED TO, BUILDING PERMITS, EXCAVATION PERMITS, ETC.
☐ Owner ☐ Agent ☐ File ☐ Fire ☐ Public Works
Applicant’s Name:

Michael Ducote for PREG Middlefield, LP
Property Address: Assessor’s Parcel No(s).: Zone:
675-685 East Middlefield Road 160-60-013 P(41)
Request:

Request for a Vesting Tentative Map to create five new lots, with one lot further subdivided into six units for condominium purposes for three parking garage units, two residential units, and one commercial unit on a 10.58 -acre lot at 675 -685 E Middlefield Road.

APPROVED ☐ CONDITIONALLY ☒ DISAPPROVED ☐ OTHER ☐

APPROVED
THIS REQUEST IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:

FINAL MAP

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 b e 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 final 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, additi onal 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., flattene d, reduced-size PDFs).

3. SOILS REPORT: Soils and geotechnical reports prepared for the subdivision shall be indicated on a final map. Submit a copy of the report with the first submittal of a final map. All required materials shall be submitted electronically (i.e., flattene d, 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.

Exhibit A

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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 assessments, 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. FINAL MAP APPROVAL: A final map shall be signed and notarized by the owner and engineer/surveyor and submitted with an

8.5” x 11” reduction of the map and a PDF to the Public Works Department. In order to place the approval of a final map on the public hearing agenda for t he 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 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 4’ wide public street easement on Middlefield Road (54’ on the project side of the street centerline) along the project frontage and a public street easement of varying width on Ferguson Drive (33’ on the project side of the street centerline) per the East Whisman Precise Plan, as required by the Public W orks Director.

7. PUBLIC ACCESS EASEMENTS (CONNECTIONS THROUGH SITES): Prior to issuance of any building permits and prior to approval of a final map, the owner shall dedicate public access easements (PAE) on private property including: the full width of the service streets; the connection from the service street to the neighboring property at 500 Ferguson Drive; between the Market -Rate Residential South Lot 4 and the Market-Rate Residential North Lot 2; between the Market Rate Residential South Lot 4 and the Below-Market-Rate Residential Lot 3; and as needed for the on-site sidewalks shown on the tentative map. The dedication shall indicate that:

a. Public access shall be granted for nonautomotive use at all times;

b. The owner shall maintain, inspect, and monitor the PAE improvements in good order, condition, and repair and in compliance with the Americans with Disabilities Act (ADA);

c. The PAE shall run with the land and be binding upon any successors;

d. If the owner shall fail to abide by the PAE, the owner agrees to pay all reasonable costs and expenses incurred by the City in enforcing the performance of such obligations; and

e. The owner agrees to defend and hold the City and the City’s officers, employees, and agents harmless from any liability for damage or claims for damage for personal injury, including, but not limited to, death and/or property damage caused by negligent acts, errors, or omissions in the performance of services or operations under the dedication, including maintenance operations performed on the PAE by the owner or the owner’s contractors, subcontractors, agents, or employees.

A legal description (metes and bounds) and plat map (drawing) of the owner’s property and the PAE area shall be prepared by the owner in accordance with the City’s Legal Description and Plat Requirements and submitted to the Public Works Department for review and approval. The legal description and plat must be prepared and stamped by a California -registered civil engineer or land surveyor. Associated improvements within the PAE (PAE Improvements) shall be constructed by the owner and approved by the City. All required materials shall be submitted electronically (i.e., flattened, reduced -size PDFs).

8. PUBLIC ACCESS COVENANTS AND DEED RESTRICTIONS FOR PRIVATELY OWNED, PUBLICLY ACCESSIBLE (POPA) OPEN SPACE:

The applicant shall execute a Public Access Covenant, Agreement, and Deed Restrictions with the City for the privately owned, publicly accessible open space shown on the map (POPA Open Space), which: (a) provides the POPA Open Space as accessible to the public for passive and active recreational use in alignment with City park hours; (b) describes the owner’s maintenance responsibilities; (c) sets for th procedures for future modifications or upgrades to the POPA Open Space; and (d) provides compliance requirements. The POPA agreement shall be in a form acceptable to the City Attorney, recorded, and run with the

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land. The recorded document shall provide indemnification of the City for liabilities arising out of activities of the land and use of the POPA Open Space. All documentation for the POPA agreement shall be submitted to the Planning Division at initial building permit submittal for the first phase of development that includes the POPA Open Space. The POPA agreement must be executed prior to issuance of a building permit and prior to the final map for the project.

A legal description (metes and bounds) and plat map (drawing) of the owner’s property and the POPA open space shall be prepared by the owner in accordance with the City’s Legal Description and Plat Requirements and submitted to the Public Works Department for review and approval. The legal description and plat must be prepared and stamped by a California - registered civil engineer or land surveyor. Associated improvements within the POPA Open Space (POPA Improvements) shall be constructed by the owner and approved by the City. All required materials shall be submitted electronically (i.e., flattened, reduced-size PDFs).

9. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 10’ 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 . Utility boxes and vaults are not allowed to encroach into the public sidewalk and must fit either entirely within the landscape strip or within the PUE. 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 system s; and private utility lines running longitudinally within the PUE.

10. STORM DRAIN EASEMENT (SDE): Dedicate a storm drain easement for the existing public storm drain main along the western property line, as required by the Public Works Director. The easement shall have a minimum width of 16’ and shall have a hard, drivable surface such as Grasscrete or asphalt concrete. The dedication statement shall specify the easement shall be kept clear of new trees, shrubs, and structures, with the exception of a proposed fence and its footings encroaching 1’ into the easement along the property line, and the pr operty owner shall maintain the vehicle surfacing over the easement. Existing trees within the easement may remain until they have reached the end of their tree life cycle. No new trees shall be planted within the SDE.

11. PUBLIC WATER METER EASEMENT: Dedicate public water meter easement (WME) on the face of the map to construct, install, maintain, repair, replace, and operate water meters and appurtenances, as required by the Public Works Director.

12. PUBLIC SERVICE EASEMENT: Dedicate a public service easement (PSE) on the face of the map to the utility company(ies) for the proposed electric, gas, and telecommunication conduits and vaults serving the project.

13. PUBLIC UTILITY AND ACCESS EASEMENTS: Dedicate public utility access easements (PUAE) on the face of the map, as necessary, for the common private street and utility improvements such as: along the VTA tracks for the public storm drain main access (width varies between 10’, 18’ , and 20’); a 20’ wide segment running southeast to northwest from the service street; and the service street segments.

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 a 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 compa nies prior to the approval of a final map.

15. STORM DRAIN EASEMENT (SDE): Dedicate a storm drain easement for the existing public storm drain main along the western property line, as required by the Public Works Director. The easement shall have a minimum width of 16’ and shall have a hard, drivable surface such as Grasscrete or asphalt concrete. The dedication statement shall specify the easement shall be kept clear of new trees, shrubs, and structures, with the exception of a proposed fence and its footings encroaching 1’ into the easement along t he property line, and the property owner shall maintain the vehicle surfacing over the easement. Existing trees within the easement may remain until they have reached the end of their tree life cycle. No new trees shall be planted within the SDE.

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ASSESSMENTS, FEES, AND PARK LAND

16. 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 final map.

17. MAP PLAN CHECK FEE: Prior to issuance of any building permits OR prior to approval of a 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. 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.

18. PLAN CHECK AND INSPECTION FEE: Prior to issuance of any building permits OR prior to approval of a 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 a nd 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, plan check fees, and inspection fees. Any paid initial plan check fee will be deducted from the approved final plan check fee.

19. TRANSPORTATION IMPACT FEE: Prior to issuance of any building permits OR prior to approval of a final map, as applicable, the applicant shall pay th e transportation impact fee per the Fiscal Year 2024-25 Master Fee Schedule 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.

20. PARK LAND DEDICATION FEE AND PARK LAND DEDICATION: Prior to the issuance of any building permits or prior to the approval of the final map, the applicant shall pay the Park Land Dedication Fee as described below.

The total amount of Park Land Dedication In-Lieu Fees for this project is $44,014,000, or $64,160 for each net new market-rate residential unit ($ 11.8 million/acre land valuation, 686 x $ 64,160/unit = $44,014,000), and provide a public access easemen t for 22,651 square feet (approximately 0.52 acres) of privately owned publicly accessible open space. The per -unit fee value includes the credit for this privately owned, publicly accessible dedication. No credit against the Park Land Dedication Fee is allowed for private open space and recreational facilities. The fee is based on the lowest fair market value per acre identified in the Fiscal Year 2022-23 Master Fee Schedule ($11.8 million per acre) in effect at the time of application submittal.

21. PARK LAND CREDIT: Per Chapter 41 of the City Code, this project has been approved with the following credit toward the park land requirements of the development:

• A 75% credit on the value of the land dedication or fee for providing a 0.52-acre privately owned, publicly accessible (POPA) open space, consistent with the general, term, and maintenance requirements per City Code Section 41.11 (a).

22. STORM DRAINAGE FEE: Prior to issuance of any building permits and prior to approval of a 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.

STREET IMPROVEMENTS

23. UTILITY PAYMENT AGREEMENT: Prior to the approval of the final map, the applicant shall sign a utility payment agreement and post a securi ty deposit made payable to the City as security if each unit or building does not have separate sewer connections and water meters in accordance with Section 35.38 of the City Code. The utility payment agreement shall include provisions to have the security transferred from the applicant to the homeowners association (HOA), but still made payable to the City, when the HOA is formed for the subdivision.

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24. 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: storm, sewer, and water improvements within the public right -of-way; undergrounding of existing and proposed overhead services; new driveways; new curbs and gutters; new directional curb ramps; new sidewalk and planter strip; street trees; removal and replacement of striping and markings; relocation of traffic signal facilities out of the sidewalk; traffic signal upgrade; crosswalks at Middlefield Road/Logue Avenue and Middlefield Road/Ferguson Drive; and streetlights. Sidewalk and planter strip shall be per the East Whisman Precise Plan; 8’ detached sidewalk and a 6’ planter strip along Middlefield Road and 5’ detached sidewalk and 5’ planter strip along Ferguson Drive.

a. Improvement Agreement: Prior to the approval of a final 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 final 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 warrant y 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 Federa l 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 Wor ks Department.

c. Insurance: Prior to the approval of a final 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 im provement 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.

25. 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.

26. OFF-SITE IMPROVEMENT PLANS: Prepare off-site public improvement plans in accordance with Chapter 28 of the City Code, the City’s Standard Design Cri teria, 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. 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 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 a final 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, two full-size and two half-size black-line sets, one PDF of the signed/stamped plan set, and a USB

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flash drive with CAD file and PDF must be submitted to the Public Works Department prior to the approval of a final map. CAD files shall meet the City’s Digital Data Submission Standards.

UTILITIES

27. ON-SITE UTILITY MAINTENANCE: On-site water, sanitary sewer, and storm drainage facilities shall be privately maintained by the property owner(s).

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 prio r 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 str eet or to the general public, as approved by the Community Development and Public Works Departments.

29. UNDERGROUNDING OF OVERHEAD LINES: Underground existing overhead electric and telecommunication facilities fronting the property along Middlefield Road and/or within the division of land, unless waived by the City Council after consideration of the recommendation of the Public Works Direct or 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 n ew 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 City shall impose prior to a final map approval. This supersedes the plan set.

30. 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 t o, vaults, manholes, cabinets, pedestals, etc. Appropriate horizontal and vertical clearances in accordance with PG&E requirements shall be provided between gas transmission 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 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 a final map.

GRADING AND DRAINAGE IMPROVEMENTS (ON-SITE)

31. 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.

32. 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 final map.

33. 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 se wer surcharges or blockages that may result in on -site damage prior to approval of a final map.

OTHER APPROVALS AND EXPIRATION

34. CONSISTENCY WITH OTHER APPROVALS: This map shall be consistent with all requirements of the Planned Community Permit and Development Review Permit, Application No. 2022 -259. All conditions of approval imposed under that application shall remain in full force and effect and shall be met prior to approval of a final map.

Page 7 of 7 ends

PL-6535

35. 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 24 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 m ap shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. Notwithstanding any automatic extension period authorized in the Subdivision Map Act, the City may, upon the subdivider’s application filed before the Vesting Tentative Map expiration date, extend its life in accordance with state law and Section 28.19.75 of the Municipal Code.

NOTE: As required by California Government Code Section 66020, the applicant is hereby notified that the 90 -day period has begun as of the date of approval of this application, in which the applicant may protest any fees, dedications, reservations, or other exactions imposed by the City as part of this approval or as a condition of approval. The fees, dedications, reservations, or other ex actions are described in the approved plans, conditions of approval, and/or the adopted City fee s chedule.

AB/PB/6/CDD
824-11-20-24SD

PARKING STRUCTURE
BMR

RESIDENTIAL
OFFICE

MARKET RATE

RESIDENTIAL-NORTH

MARKET RATE

RESIDENTIAL-SOUTH
LOT 4
(GROSS=113,841 SQ. FT. / 2.61 AC) LOT 3
(GROSS=35,091 SQ. FT. / 0.80 AC)
LOT 1
LOT 1
(GROSS= 112,469 SQ. FT. / 2.58 AC)
LOT 2
(GROSS=130,240 SQ. FT. / 2.98 AC)
LOT A: NON-DEVELOPABLE LOT
(GROSS=69,411 SQ. FT. / 1.59 AC)
LOT A: NON-DEVELOPABLE LOT
(GROSS=69,411 SQ. FT. / 1.59 AC)
PUBLIC
ACCESS
(SEPARATELY RECORDED DEED

AND COVENANT RESTRICTIONS)
LOT 2 TO BE FURTHER
SUBDIVIDED INTO 6
CONDOMINIUM UNITS:
3 GARAGE UNITS, 2 RESIDENTIAL
UNITS, AND 1 RETAIL UNIT.
12-31-25
675 & 685 E. MIDDLEFIELD ROAD
VESTING TENTATIVE MAP 1730 N. FIRST STREET
SUITE 600
SAN JOSE, CA 95112
(408) 467-9100
www.bkf.com
Exhibit B

PARKING STRUCTURE

BMRRESIDENTIAL
OFFICE

MARKET RATERESIDENTIAL-NORTH
MARKET RATERESIDENTIAL-SOUTHLOT 4(GROSS=113,841 SQ. FT. / 2.61 AC)LOT 3(GROSS=35,091 SQ. FT. / 0.80 AC) LOT 1
LOT 1(GROSS= 112,469 SQ. FT. / 2.58 AC)
LOT 2(GROSS=130,240 SQ. FT. / 2.98 AC)
LOT A: NON-DEVELOPABLE LOT(GROSS=69,411 SQ. FT. / 1.59 AC) LOT A: NON-DEVELOPABLE LOT(GROSS=69,411 SQ. FT. / 1.59 AC) LOT 2 TO BE FURTHERSUBDIVIDED INTO 6CONDOMINIUM UNITS:3 GARAGE UNITS, 2 RESIDENTIALUNITS, AND 1 RETAIL UNIT.

PUBLICACCESS(SEPARATELY RECORDED DEEDAND COVENANT RESTRICTIONS) PROMETHEUS REAL ESTATE GROUP1900 S. NORFOLK STSAN MATEO, CA 94403P: 650.931.3400 CLIENT
HARVEST PROPERTIES180 GRAND AVENUE, STE 1400OAKLAND, CA 94610P: 510.594.2050

DEVELOPMENT ADVISOR
URBAN PLANNING & DESIGNSERA ARCHITECTS, INC.600 SW 10TH AVE STE. 500PORTLAND, OR 97205P: 503.445.7372

ARCHITECTURE - RESIDENTIAL
STUDIOS ARCHITECTURE350 CALIFORNIA ST, 21ST FLSAN FRANCISCO, CA 94104P: 415.398.7575 ARCHITECTURE - OFFICEPLACE735 NW 18TH AVEPORTLAND, OR 97209P: 503.334.2080

LANDSCAPE ARCHITECT
BKF ENGINEERS1730 N. FIRST ST, SUITE 600SAN JOSE, CA 95112P: 408.467.9100

CIVIL ENGINEER
675 & 685E. MIDDLEFIELDMOUNTAIN VIEW, CA 94043

REVISIONS
DRAWN BY:CHECKED BY:ISSUE DATE:PROJECT NO:DRAWING TITLE

FORMAL PLANNINGAPPLICATION
WATRY DESIGN, INC.2099 GATEWAY PL, STE. 550SAN JOSE, CA 95110P: 833.917.7275 PARKINGW-TRANS414 13TH STREET, 5TH FLR.OAKLAND, CA 94612P: 510.444.2600

TRAFFIC
GIACALONE DESIGN SERVICES, INC.5820 STONERIDGE MALL RD #345PLEASANTON, CA 94588P: 925.467.1740

DRY UTILITIES
DCI ENGINEERS135 MAIN STSAN FRANCISCO, CA 94105P: 415.781.1505 STRUCTURAL ENGINEERSHOLMES235 MONTGOMERY ST, STE 1250SAN FRANCISCO, CA 94101P: 415.693.1600 STRUCT. ENG. - OFFICE
EMERALD CITY ENGINEERS21705 HWY 99LYNNWOOD, WA 98036P: 425.741.1200 MEPPAE ENGINEERS48 GOLDEN GATE AVE.SAN FRANCISCO, CA 94102P: 415.544.7500

MEP - OFFICE
SUSTAINABILITYBRIGHTWORKS425 MARKET STSAN FRANCISCO, CA 94111P: 800.733.7440 TRASH MANAGEMENTATM1900 POWELL ST #220EMERYVILLE, CA 94608P: 415.292.5400 SERA ARCHITECTS, INC.600 SW 10TH AVE STE. 500PORTLAND, OR 97205P: 503.445.7372 Copyright protected. See Design Agreement. For use on this project only. Unauthorized reproduction of any part of this material is prohibited.

KHRS/SS10-11-2420220180
2 FORMAL PLANNING APPLICATION REV 207/21/2023 3 FORMAL PLANNING APPLICATION REV 311/06/2023 1 FORMAL PLANNING APPLICATION REV 102/22/2023 4 FORMAL PLANNING APPLICATION REV 403/25/2024 5 FORMAL PLANNING APPLICATION REV 506/17/2024 6 FORMAL PLANNING APPLICATION REV 608/22/2024 7 FORMAL PLANNING APPLICATION REV 710/11/2024 VESTING TENTATIVE MAPFOR CONDO PURPOSESC4.0
12-31-25
SHEET 1 OF 2

PARKING STRUCTURE

BMRRESIDENTIAL
OFFICE

DEVELOPMENT ADVISOR
URBAN PLANNING & DESIGNSERA ARCHITECTS, INC.600 SW 10TH AVE STE. 500PORTLAND, OR 97205P: 503.445.7372

ARCHITECTURE - RESIDENTIAL
STUDIOS ARCHITECTURE350 CALIFORNIA ST, 21ST FLSAN FRANCISCO, CA 94104P: 415.398.7575 ARCHITECTURE - OFFICEPLACE735 NW 18TH AVEPORTLAND, OR 97209P: 503.334.2080

LANDSCAPE ARCHITECT
BKF ENGINEERS1730 N. FIRST ST, SUITE 600SAN JOSE, CA 95112P: 408.467.9100

CIVIL ENGINEER
675 & 685E. MIDDLEFIELDMOUNTAIN VIEW, CA 94043

REVISIONS
DRAWN BY:CHECKED BY:ISSUE DATE:PROJECT NO:DRAWING TITLE

FORMAL PLANNINGAPPLICATION
WATRY DESIGN, INC.2099 GATEWAY PL, STE. 550SAN JOSE, CA 95110P: 833.917.7275 PARKINGW-TRANS414 13TH STREET, 5TH FLR.OAKLAND, CA 94612P: 510.444.2600

TRAFFIC
GIACALONE DESIGN SERVICES, INC.5820 STONERIDGE MALL RD #345PLEASANTON, CA 94588P: 925.467.1740

Mountain View City CouncilDecember 17, 2024

Mountain View City Council
December 17, 2024