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ATT 2 - Resolution for Tentative Map

Mountain View City Council
September 23, 2025

Document
ATT 2 - Resolution for Tentative Map
Meeting
September 23, 2025
Body
Mountain View City Council
Original file
1.5 MB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

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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 TENTATIVE MAP TO CREATE
ONE COMMON LOT AND 47 RESIDENTIAL CONDOMINIUM UNITS
AT 266-272 TYRELLA AVENUE (APN: 160-32-006 AND 160-32-007) W
HEREAS, an application (Application No. PL-2023-130) was received from William Maston of William J. Maston Architects & Associates (“Applicant”), on behalf of CCC Associates (“Owner”), for a Development Review Permit to construct a four -story, 47-unit residential condominium development utilizing State Density Bonus Law and a Heritage Tree Removal Permit to remove eight Heritage trees on a 1.01-acre site located at 266-272 Tyrella Avenue; and W
HEREAS, on the same date, the applicant submitted an application (Application No. PL-2023-131) for a Tentative Map to combine two existing parcels to create one common lot and 47 residential condominium units associated with the four -story, 47-unit residential condominium development; and
W
HEREAS, the subject property has a General Plan Land Use Designation of Medium High- Density Residential; and
W
HEREAS, the subject property is located in the R3-1 (Multiple-Family) Zoning District; and W
HEREAS, the General Plan sets a goal for an expanded and enhanced park and open space system to meet current City needs for parks and open space based on population growth arising from new residential development. New residential subdivisions have a significant impact on the use and availability of park and recreation space and facilities; and W
HEREAS, this project is a new residential subdivision and, therefore, subject to the City’s Park Land Dedication Ordinance (Chapter 41 of the Mountain View City Code (City Code)), which requires dedication of park land in the amount of three acres per 1,0 00 residents or payment of an in-lieu fee; and
W
HEREAS, in -lieu fees are based on park land dedication acreage required per dwelling unit, the number of new dwelling units (excluding affordable housing), and the fair market value per acre of land per Section 41.9 of the City Code. The fair market value per acre of land is adopted by resolution and set by the Master Fee Schedule (MFS) each fiscal year. The fair market value per acre of land in effect at the time of preliminary application submittal (based on the Fiscal Year 2022-23 MFS) ranged between $11.8 million and $13.5 million. The fair market value Attachment 2
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per acre of land in effect as of the date of this hearing (based on Fiscal Year 2024-25 MFS) ranges between $11.3 million and $13.0 million; 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 7.4 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 18.4 acres o f park land where 25.8 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 Subdivision Committee held a duly noticed public hearing on August 13, 2025 on said application and recommended the City Council conditionally approve the Tentative Map for the project, subject to the findings and conditions of approval attached hereto as Exhibit A; and

WHEREAS, the City Council held a duly noticed public hearing on September 23, 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, and project materials, and determined that the Tentative Map is consistent with the applicable zoning and subdivision requirements in the General Plan and the City Code; and

WHEREAS, on the same date, the City Council adopted a companion resolution to conditionally approv e a Development Review Permit and Heritage Tree Removal Permit and found the project exempt from review under the California Environmental Quality Act (Pub. Res.

Code § 21000, et seq. ) (“CEQA”) pursuant to CEQA Guidelines (Cal. Code Regs., Title 14 ) Section 15332; 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 CEQA pursuant to CEQA Guidelines Section 15332 (“In-Fill Development”) as set forth in the companion resolution and as described in further detail below; and be it

FURTHER RESOLVED: that the City Council hereby makes the following findings regarding the Tentative Tract Map (Application No. PL-2023-131):

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 the General Plan Land Use Designation of Medium-High Density Residential of -3-
the City, including all required elements therein applicable to said property. More specifically, the subdivision provides for the improvement of the 1.01-acre site with frontage improvements, including new utility connections, landscaping, curb, gutter, and sidewalks. The project is consistent with General Plan Polic y INC 1.5 (Utility Services) by proposing a new development that ensures adequate utility services to serve the neighborhood and proposed project, Policy INC 3.4 (Right-of-way Regulations) by incorporating new sidewalks and improvements to prioritize pedestrian and vehicular circulation, and Polic y 3.5 (Undergrounding Utility Lines) by ensuring overhead utilities at the project frontage are undergrounded;

2. The site is physically suitable for the type and density of development (Gov. Code, § 66474) . The site is physically suitable for the proposed 47 -unit residential condominium development as the underlying R3 Zoning District and the Medium -High Density Residential General Plan Land Use Designation allow multi- family development in this area and th e site has been previously developed with residential uses. Although the proposed project density exceeds the maximum allowed by the underlying Zoning District and General Plan, the project is allowed additional density under provisions of State Density B onus Law, and the proposed site design adequately accommodates vehicle, pedestrian, and bicycle circulation to meet requirements for life safety, City services, and the needs of future occupants of the project. Specifically, the project includes a driveway proposed into the underground parking structure to align with Kittoe Drive to improve site circulation and the City’s future Capital Improvement Projects (CIPs) include utility improvements in the area to ensure sufficient utilities for the neighborhood and this development;

3. 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, as conditioned, will not cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat as the project design has been assessed and found to be eligible for a categorical exemption per Section 15332 (“In -Fill Development Projects”) of the 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. In addition, the project site has no known value as a habitat for endangered, rare, or threatened species; no species identified as a candidate, sensitive, or special status species are known to occur at the site location; and no sensitive or jurisdictional habitats are present at or adjacent to the site. The project site is currently developed with residential uses, with on-site vegetation largely consisting of landscape trees. The project will be required to comply with the City’s standard tree replacement requirements outlined in the City Code and the City’s standard conditions of approval to avoid removal of trees with nesting birds. Also, proposed off-site improvements are designed to meet City design standards and the City Code, and the project will comply with all applicable h ealth and safety codes, standard conditions of approval, and regulations 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 condition s of approval of the City, and water -4-
quality regulations established per the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP);

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 proposed improvements are not likely to cause serious public 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 Codes to ensure on -site improvements provide for safe habitation and requirements for emergency and solid waste servi ce. Proposed public (off-site) improvements are designed to meet applicable City Code and design standards intended to manage and avoid public health impacts;

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) . The subdivision and improvements as conditioned will not conflict with existing easements;

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, § 66473.7). This finding does not apply because the project proposes 47 dwelling units;

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 subdivision 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 provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The project also includes a cool roof to reflect sunlight and absorb less energy to reduce energy consumption;

9. 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 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

10. 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 Whisman Planning Area identified in the 2014 Parks and Open Space Plan, w hich -5-
is an area having a deficiency of 7.4 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 18.4 acres of park land where 25.8 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 be it

FURTHER RESOLVED: that the City Council hereby approve the Tentative Map Application No. PL-2023-131 based on the findings above and subject to the applicant’s fulfillment of all of the conditions of approval, which are attached hereto as Exhibit A and incorporated by reference as though fully set forth 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.

NOTICE

The conditions of project approval set forth herein include certain fees and other exactions.

Pursuant to Government Code Section 66020(d)(1), these conditions constitute written notice of a statement of the amount of such fees and a description of the dedications, reservations, and exactions. The applicant is hereby further notified that the 90 -day appeal period, in which the applicant may protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun. If the applicant fails to file a protest within this 90 -day period complying with all requirements of Section 66020, the applicant will be legally barred from later challenging such fees or exactions.

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Exhibits: A. Subdivision Conditions
B. Tentative Map

Exhibit A
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CONDITIONS OF APPROVAL
APPLICATION NO.: PL-2023-131
266-272 TYRELLA AVENUE
T
he 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. T he applicant is hereby notified that 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.

T
his approval is granted for condominium purposes to create one common lot and 47 residential condominium units in conjunction with a Development Review Permit to construct a four -story, 47-unit residential condominium development (PL -2023-130), located on Assessor’s Parcel Nos. 1 60-32-006 and 160-32-007, based on the findings above and subject to the applicant’s fulfillment of all of the conditions of approval. Development shall be substantially as shown on the project materials listed below and for the a ssociated Development Review and Heritage Tree Removal Permits, except as may be modified by conditions contained herein, which are kep t on file in the Planning Division of the Community Development Department:
a. T
entative Map prepared by Lea & Braze Engineering for CCC Associates dated March 1, 2023.

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 properties within the subdivision. All existing and proposed easements are to be s hown 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 properties, their type of ownership (
individual, partnership, corporation, etc.), and legal description of the properties 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., flattened, 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).

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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 or easement on the face of the map to widen Tyrella Avenue an additional 5’ along the project frontage behind existing 25’ street dedication, as required by the Public Works Director.

7. 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.

8. 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.

ASSESSMENTS, FEES, AND PARK LAND

9. SUBDIVISION FEES: Pay all subdivision fees due, in accordance with rates at time of parcel map approval, prior to approval of a final map or prior to issuance of the final inspection granting occupancy.

10. 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.

11. 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.

12. TRANSPORTATION IMPACT FEE: Prior to issuance the final inspection granting occupancy, the applicant shall pay the transportation impact fee for the development effective at the time of final map approval. Residential category fees are based

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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. PARK LAND DEDICATION FEE: Prior to the final inspection granting occupancy, the applicant shall pay the Park Land Dedication Fee of $67,800 for each net new market -rate residential unit (37 units) with a project total fee of $2,508,600, based on a land valuation of $11.3 million 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.

14. 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

15. UTILITY PAYMENT AGREEMENT: Prior to the approval of the final map, the applicant shall sign a utility payment agreement and post a security 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.

16. 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: curb, gutter, detached ADA sidewalk, ADA corner ramps (2), curb cut, driveway approach (2), City standard street lights, C.3 treatment areas, utility service connections, and its appurtenances.

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.

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 Federal Bonds, Department Ci rcular 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, a nd One Million Dollars ($1,000,000) Workers’ Compensation. The insurance requirements are available from the Public Works Department.

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17. 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 shall 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.

18. 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.

UTILITIES

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

20. 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.

21. UNDERGROUNDING OF OVERHEAD LINES: Underground existing overhead electric and telecommunication facilities fronting the property along Tyrella Avenue and/or within the division of land, unless waived by the City Council after consideration o f the recommendation of the Public Works Director due to unusual or impractical circumstances. The undergrounding work shall be constructed in conjunction with any applicable off -site improvements and completed prior to issuance of a Certificate of Occupancy for any new 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.

22. 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 limi ted 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,

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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 m ap.

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)

23. 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.

24. 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.

25. 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.

COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&RS)

26. CC&Rs: Covenants, Conditions, and Restrictions (CC&Rs) for the homeowners association, together with a completed CC&R checklist, shall be submitted to and approved by the City Attorney’s Office and the Community Development Department prior to approval and recordation of the map. 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.

27. CC&Rs, SPECIAL PAVEMENT MAINTENANCE: The homeowners association shall be responsible for replacing any special pavers or textured/colored concrete that is damaged rom trash loading operations within driveways or easement areas. This requirement shall be stated in the Covenants, Conditions, and Restrictions (CC&Rs). A copy of the CC&Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department.

28. CC&Rs, PARKING RESTRICTION: Parking shall be prohibited within the fire and service driveway, 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.” The se parking prohibitions shall be stated within the Covenants, Conditions, and Restrictions (CC&Rs). A copy of the CC&Rs with this provision highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department.

29. CC&Rs, GARBAGE PICKUP (SHARED SERVICE): The Covenants, Conditions, and Restrictions (CC&Rs) shall include a provision stating the homeowners association (HOA) is responsible for the removal of all the trash and refuse from the owner’s lot to the central trash collection point. The HOA shall b e 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.

30. CC&Rs, CART STORAGE: Carts will be required to be stored inside the trash room at all times with the exception of 24 hours prior to and 24 hours after designated collection day, when carts may be set out in front of the staging area and Tyrella Avenue (compost carts). This requirement shall be stated in the Covenants, Conditions, and Restrictions (CC&Rs). A copy of the CC&Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department and other departments/divisions, as applicable.

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PL-2023-131-COA Page 6 of 6

OTHER APPROVALS AND EXPIRATION

31. CONSISTENCY WITH OTHER APPROVALS: This map shall be consistent with all requirements of the Development Review Permit, Application No. PL -2023-130. 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.

32. 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 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 Tentative Map expiration date, extend its life in accordance wit h state law and Section 28.19.15 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.

NOTE:

FOR CONSTRUCTION STAKING

SCHEDULING OR QUOTATIONS

PLEASE CONTACT ALEX ABAYA

AT LEA & BRAZE ENGINEERING
(510)887-4086 EXT 116.
[email protected]
Exhibit B

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