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CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW CONDITIONALLY APPROVING A VESTING TENTATIVE MAP TO CREATE 20 RESIDENTIAL LOTS AND TWO COMMON LOTS AT 828-836 SIERRA VISTA AVENUE AND 1975-1979 COLONY STREET (APN 153-04-001, 153-04-017, 153-04-018, AND 153-04-019); AND
FINDING THE PROJECT TO BE CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332 (“IN-FILL DEVELOPMENT PROJECTS”) OF THE CEQA GUIDELINES WHEREAS, On September 20, 2023, Albert Wang for Legend Colony LLC submitted an application ( PL-7775) for a Planned Unit Development and Development Review Permit to construct a new 20-unit rowhouse development, utilizing State Density Bonus Law, and a Vesting Tentative Map to create 20 residential lots and two common lots on a vacant 0.99 -acre project site at 828-835 Sierra Vista Avenue and 1975-1979 Colony Street; and WHEREAS, the Zoning Administrator and Subdivision Committee held duly noticed public hearings on July 23, 2025 on said application and recommended the City Council conditionally approve the Vesting Tentative Map, subject to the attached findings and conditions of approval attached hereto , and a related Planned Unit Development Permit and Development Review Permit; and
WHEREAS, the City Council held a duly noticed public hearing on September 9, 2025 on said application and received and considered all evidence presented at said hearing, including the recommendation from the Subdivision Committee , the City Council report, project materials, testimony and written materials submitted; and determined that the Vesting Tentative Map is consistent with the applicable zoning and subdivision requirements in the General Plan and the City Code; and
WHEREAS, on that same date, the City Council adopted a companion resolution conditionally approving a Planned Unit Development Permit and Development Review Permit finding the project to be categorically exempt from review under the California Environmental Quality Act (Pub. Resources Code, § 21000, et seq.) (“CEQA”) pursuant to Section 15332 (“In-Fill Development Projects”) of the CEQA Guidelines (Cal. Code Regs., Title 14); and WHEREAS, subdivision of the property will facilitate the development of the project site consistent with applicable provisions of the General Plan; now, therefore, be it RESOLVED: that, based on substantial evidence in the record, the City Council of the City of Mountain View (City) finds the project to be categorically exempt from review under the Attachment 2
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California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 (“In-Fill Development”) as described in further detail below; and be it
FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the Vesting Tentative Map (Application No. PL-7775):
a. 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 residential subdivision, together with the provisions for its design and improvement, is consistent with the Medium -Density Residential General Plan Land Use Designation, including applicable residential use, height , and floor area criteria, as well as improvement requirements implementing General Plan policies for adequa te and safe utility services (Policies INC 1.3 and 1.5) to said property;
b. The site is physically suitable for the type and density of development (Gov. Code § 66474). The site is physically suitable for the type and intensity of the land use being proposed since the site is currently vacant and, prior to the demolition of the previous structures, was occupied with residential development and is zoned for multiple -family residential use. The property is a relatively flat lot with access to utility services and with direct vehicle and pedestrian access to public street fronta ges and improvements. The site is large enough with suitable dimensions to accommodate the proposed project generally in compliance with all applicable rowhouse development standards, including site amenities for a residential development and access for City services and occupants of the project. Additionally, the proposed Subdivision Map facilitates the construction of the 20 -unit rowhouse development, which can be fully served by the physical infrastructure and services provided within the City for such development;
c. The proposed design of the subdivision and improvements, as conditioned, will not cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat (Gov. Code § 66474). The design of the subdivision and the proposed improvements has been assessed and found to be eligible for a categorical exemption per Section 15332 (“In -Fill Development Projects”) of the California Environmental Quality Act (CEQA) Guidelines, and none of the exceptions in CEQA Guidelines Section 15300.2 apply. As such, the subdivision is not likely to cause environmental damage or substantially injure fish or wildlife or their habitat .
Additionally, the project site has no known value as a habitat for endangered, rare, or threatened species; is not known to contain any candidate, sensitive, or special status species; and no sensitive or jurisdictional habitats (including waterways) ar e present at or adjacent to the site.
The project will comply with all applicable health and safety codes and regulatio ns intended to manage potential environmental damage from development, including, but not limited to, basic construction measures recommended by the Bay Area Air Quality Management District (BAAQMD) to reduce fugitive dust emissions and any airborne toxics generated by project construction, construction noise management requirements and standard conditions of approval of the City, and water quality regulations established per the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP);
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d. 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 proposed improvements are not likely to cause serious health problems because the project will be consistent with the policies included in the General Plan and the City Code and will be subject to standard conditions of approval to protect public health, safety, convenience, and welfare, which include compliance with applicable Building and Fire cod es to ensure on -site improvements provide for safe habitation. The proposed plans, as conditioned, also meet applicable requirements for emergency and solid waste service, and proposed public (off -site) improvements are designed to meet applicable City design standards and the City Code;
e. 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). The subdivision and improvements as conditioned will not conflict with existing easements;
f. 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 § 66473.7). This finding does not apply because the project proposes only 20 residential rowhouse units;
g. 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 subdivision will not result in the discharge of waste into the sewer system that would violate regional water quality control regulations;
h. 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 provides, to the extent feasible, for future passive or natural heating or cooling opportunities;
i. The City has considered the effects on 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 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
j. The imposition of the City’s Park Land Dedication In -Lieu fees for this project is based on the following: The 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 Rengstorff Planning Area identified in the 2014 Parks and Open Space Plan, which is an area having a deficiency of 2.56 acres of park land for existing residents of the area based on the General Plan standard of 3.0 a cres of park land per 1,000 residents. The Rengstorff Planning Area is currently developed with 2.9 acres of park land where 19.73 acres of park land is required to serve the current population. Therefore, there currently are not adequate park -4-
land facilities available for occupants of this project, and additional park facilities are necessary ; and be it
FURTHER RESOLVED: that the City Council hereby finds the Vesting Tentative Map to be consistent with the applicable zoning and subdivision requirements in the General Plan and the City Code; and be it
FURTHER RESOLVED: that the City Council hereby approves the Vesting Tentative Map to create 20 residential lots and two common lots at 828-835 Sierra Vista Avenue and 1975 - 1979 Colony Street (APN 153-04-001, 153 -04-017, 153 -04-018, and 153 -04-019) (Application No. PL-7775), based on the findings above and subject to the subdivider’s compliance with and fulfillment of all of the conditions of approval, which are attached hereto as Exhibit A and incorporated herein by reference as though set forth fully herein.
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. Vesting Tentative Map
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SUBDIVISION CONDITIONS
APPLICATION NO.: PL-7775
828-836 SIERRA VISTA AVENUE AND 1975-1979 COLONY STREET The applicant is hereby notified, as part of this application, that the applicant is required to meet the following conditions in accordance with the Mountain View City Code and the State of California. Where approval by a City Department Director or Official is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws, and regulations, and accepted practices for the item(s) under review. The applicant is hereby notified tha t the applicant is required to comply with all applicable codes or ordinances of the City of Mountain View and the State of California that pertain to this development and are noted herein.
This approval is granted to c reate 20 residential lots and two common lots associated with a 20 -unit rowhouse development located on Assessor’s Parcel Nos. 153-04-001, 153-04-017, 153-04-018, and 153-04-019. Development shall be substantially as shown on the project materials listed below, except as may be modified by conditions contained herein, which are kept on file in the Planning Division of the Community Development Department:
a. Vesting Tentative Map prepared by BKF Engineers for Legend Colony LLC, dated May 8, 2025.
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, additional 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.
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).
Exhibit A
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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 public street in fee on the face of the map 5’ wide on Colony Street along the project frontage for the new street, as required by the Public Works Director.
7. STREET CORNER DEDICATION: Dedicate a 20’ radius public street corner return in fee on the face of the map, at Colony Street and Sierra Vista Avenue, as required by the Public Works Director.
8. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 5’ wide public utility easement (PUE) along the project street frontage on Colony Street and a 7’ wide PUE along the project street frontage on Sierra Vista Avenue on the face of the map for such use as sanitary sewer, water, storm drains, and other public utiliti es, 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 sy stems; and private utility lines running longitudinally within the PUE.
9. 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.
10. 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.
11. PRIVATE UTILITY AND ACCESS EASEMENTS: Dedicate private utility and/or access easements on the face of the map, as necessary, for the common private street and utility improvements.
12. 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 subdividers 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 a final map.
13. STORM DRAIN EASEMENT: The subdivider shall provide a private, irrevocable storm drain easement over the Common Lot B parcel in favor of the Subdivision Lots 1 to 20 parcels.
ASSESSMENTS, FEES, AND PARK LAND
14. 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.
15. 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.
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16. 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.
17. TRANSPORTATION IMPACT FEE: Prior to issuance the final inspection granting occupancy, 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 a re based on the square footage of the development. Credit is given for the existing site use(s), as applicable.
18. PARK LAND DEDICATION FEE: Prior to the final inspection granting occupancy, the applicant shall pay the Park Land Dedication Fee of $57,000 for each net new market -rate residential unit (17 units) with a project total fee of $969,00012,000, based on a land valuation of $9,500,000 per acre in accordance with Chapter 41 of the City Code. No credit against the Park Land Dedication Fee is allowed for private open space and recreational facilities.
Notwithstanding the foregoing, no later than sixty (60) days prior to the issuance of a building permit, the applicant may make a one-time written request to the City to recalculate the Park Land Dedication Fee applicable to the project based on any update to or replacement of the fee ordinance. The recalculated fee shall result in no less than a twenty percent (20%) reduction o f the total fee amount set forth above. The reduced fee shall apply to the project and replace the fee calculated in this condition of approval. The Public Works Director or designee is authorized to recalculate the Park Land Dedication Fee upon a timely filed request by the applicant and is further authorized to approve collection of a reduced fee for the project consistent wi th the provisions of this condition of approval.
19. 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
20. PUBLIC AND PRIVATE COMMON 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, curb, gutter, sidewalk, curb ramps, driveway app roach, curb cuts, C .3 stormwater treatment, signs, striping, pavement markings, grind and overlay, street trees, water meters, backflow preventers, water services, sewer lateral, storm drain lateral, storm drain inlets, storm drain manholes, and storm drain main extension.
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 warranty of the off-site in a form approved by the City Attorney’s Office. The surety (bond company) must be listed as an acceptable surety on the most current Department of the Treasury’s Listing of Approved Sureties on Federal Bonds, Department Circular 570. This list of approved sureties is available through the internet at:
www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm. The bond amount must be below the underwriting DRAFT
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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 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.
21. INFRASTRUCTURE QUANTITIES: For projects with off -site improvement plans, submit a construction cost estimate with the first submittal of the building permit and improvement plans indicating the quantities of street and utility improvements. A separate construction cost estimate s hall also be submitted with the first submittal of the building permit and improvement plans for private common street and utility improvements for Common Green and Townhouse -Type Condominium developments. The construction cost estimate is used to estimate the cost of street and utility improvements and to determine the Public Works plan check and inspection fees. The construction cost estimate shall be prepared by the civil engineer preparing the improvement plans.
22. OFF-SITE IMPROVEMENT PLANS: Prepare off-site public improvement plans in accordance with Chapter 28 of the City Code, the City’s Standard Design Criteria, Submittal Checklist, Plan Review Checklist, and the conditions of approval of the projec t.
The plans are to be drawn on 24” x 36” sheets at a minimum scale of 1” = 20’. The plans shall be stamped by a California - registered civil engineer and shall show all public improvements and other applicable work within the public right -of-way.
Traffic control plans for each phase of construction shall be prepared in accordance with the latest edition of the 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 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 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.
23. 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” x 36” sheets at a minimum scale of 1” = 20’. The plans shall be stamped by a California -registered civil engineer. Where both public and common improvement plans are required, the plans shall be combined into one set of plans.
The improvement plans, 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 improvement plans must be approved and signed by the Public Works Department. After the improvement plans have been signed by the Public Works Department, one full -size and one half -size black-line sets, one PDF of the signed/stamped DRAFT
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plan set, and a USB 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.
24. 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.
UTILITIES
25. ON-SITE UTILITY MAINTENANCE: On-site water, sanitary sewer, and storm drainage facilities shall be privately maintained by the property owner(s).
26. 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 street or to the general public, as app roved by the Community Development and Public Works Departments.
27. JOINT UTILITY PLANS: Upon first submittal of the building permit and improvement plans, the improvement plans shall include joint utility plans showing the location of the proposed electric, gas, and telecommunication conduits and associated facilit ies, including, but not li mited to, 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 utility easements that are necessary for the common utility on the final map.
During joint trench design, the applicant shall provide advance written notification(s) to owners and tenants of adjacent and affected properties describing the nature of the proposed improvements and estimated project duration, as determined necessary by the Public Works Department. The notice(s) must be approved by the City prior to distribution.
GRADING AND DRAINAGE IMPROVEMENTS (ON-SITE)
28. 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 due to unavoidable circumstances by the Public Works Department, such as to provide drainage to an existing Heritage tree.
29. 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.
COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&RS)
30. 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 reco rdation of the map. 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.
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31. 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. The common driveway shall be signed and/or striped as “No Parking” or “No Parking —Fire Lane.” These parkin g 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.
32. CC&Rs, PRIVATE UTILITY MAINTENANCE PLAN, OFF -SITE TRASH CAPTURE DEVICES, PUBLIC RIGHT -OF-WAY STORMWATER TREATMENT FACILITIES AND SANITARY SEWER OVERFLOW PLAN: The Covenants, Conditions, and Restrictions (CC&Rs) shall include a provision that the homeowners association (HOA) prepare a private utility maintenance plan for on -site water, sanitary sewer, and storm drainage facilities. The maintenance plan shall include elements, such as, but not limited to, flushing of the sanitary sewer and storm lines, clea ning 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 suc h 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.
33. 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 a private street on garbage collection days. An exhibit indicating the location of the carts on pickup 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.
34. CC&Rs, GARBAGE PICKUP (SHARED SERVICE): The Covenants, Conditions, and Restrictions (CC&Rs) shall include a provision stating the homeowners are responsible for the removal of all the trash and refuse from the owner’s lot to the central trash collection point. The homeowners association (HOA) shall be responsible for the maintenance of the central trash collection point and for the periodic removal therefrom. 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.
35. CC&Rs, CART PLACEMENT: Containers must be set out a minimum distance of 1’ in front of the garage door and must not block the 20’ wide drive aisle and/or sidewalk on collection day. Show set-out location of individual trash, recycle, and compost carts on collection day. 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.
OTHER APPROVALS AND EXPIRATION
36. CONSISTENCY WITH OTHER APPROVALS: This map shall be consistent with all requirements of the Planned Unit Development and Development Review Permit, Application No. PL -7775. 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.
37. 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 applic ant 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, o r 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 schedule.
LEGEND
GENERAL NOTES
Exhibit B