Attachment 4
CITY OF MOUNTAIN VIEW
RESOLUTION NO.
SERIES 2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN VIEW
CONDITIONALLY APPROVING A VESTING TENTATIVE MAP TO CREATE ONE PARCEL WITH 140 RESIDENTIAL CONDOMINIUM UNITS AND SIX COMMERCIAL UNITS AT 843-903 CASTRO STREET, 700 WEST EL CAMINO REAL AND 750 FAIRMONT AVENUE (APN 158-06-008, 158-06-010, 158-06-036, 158-06-037, 158-06-038 AND 158-06-039) WHEREAS, on November 8, 2023, Glen Yonekura for Castro GPRV 10, LLC submitted an application (PL-6753) for a Planned Community Permit and Development Review Permit to construct an eight-story, mixed-used development with 140 residential condominium units, 9,743 square feet of ground-floor commercial space, and two levels of below-grade parking, utilizing State Density Bonus Law, replacing existing commercial properties and four residential units, a Provisional Use Permit to allow residential uses (on upper floors only) along the Castro Street frontage, a Heritage Tree Removal Permit to remove seven Heritage trees, and a Vesting Tentative Map for condominium purposes on a 1.43-acre project site at 843-903 Castro Street, 700 West El Camino Real, and 750 Fairmont Avenue; and WHEREAS, t
he subject property has a General Plan Land Use Designation of Downtown Mixed-Use and Medium Density Residential; and
WHEREAS, the subject property is located in the P(19) Downtown Precise Plan; and WHEREAS, as authorized by the Quimby Act, Government Code Section 66477, the City of Mountain View has adopted a standard of providing parks and recreational facilities to its resid
ents at a ratio of 3 acres per 1000 residents. Increases in population due to new residential development place additional burdens on City parks and recreational facilities, and negatively impact the City’s standard of providing parks and recreational facilities to its residents at a ratio of 3 acres per 1000 residents; and
WHEREAS, this project is subject to the City’s park land dedication requirements or payment of fees in lieu thereof, as set forth in Chapter 41 of the City Code, and located within the Central Planning Area. Currently, approximately 12,079, or 14%, of the approximately 86,121 residents of Mountain View live within the Central Planning Area. To meet the City’s 3- acre-per-thousand-residents standard, the City must provide approximately 258 acres of parks and recreational facilities for the entire City, with approximately 36 acres located within the Central Planning Area. Currently, the Central Planning Area has only 24.04 acres of parks and recreational facilities, which means there is an 11.96-acre deficit; and -2-
WHEREAS, the applicant submitted a request for a concession to render the project eligible for Privately Owned Publicly Accessible (POPA) open space credit under Section 41.11 of the City Code, to be applied toward a reduction of the applicable park land in lieu fee; and WHEREAS, the City and the applicant disagree on whether a concession may be used to modify the eligibility criteria for POPA open space credit set forth in Sections
41.11(a)(2) and 41.11(b) of the City Code, and further disagree on the amount of POPA open space credit the project should receive if a concession can be used for this purpose; and WHEREAS, to avoid the delay, expense and uncertainty of litigation, the City and the applicant entered into a negotiated settlement agreement, which resulted in a condition of approval that requires the applicant to pay a park land in lieu fee in the amount of Two Million Dollars ($2,000,000); and
WHEREAS, the Subdivision Committee and Zoning Administrator held a duly noticed public hearing on October 22, 2025 on said application and recommended the City Council conditionally approve the Vesting Tentative Map and related Planned Community Permit, Development Review Permit, Provisional Use Permit and Heritage Tree Removal Permit, subject to findings and conditions of approval attached hereto; and WHEREAS, the City Council held a duly noticed public hearing on April 28, 2026, 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 ordering the conditional vacation of a portion of Fairmont Avenue, between Castro Street and Hope Street, as a public street and public easement thereon; and WHEREAS, on that same date, the City Council adopted a companion resolution declaring the City-owned Fairmont Avenue, between Castro Street and Hope Street, to be exempt surplus land pursuant to Government Code Section 54221(f)(1)(E) upon the vacation of Fairmont Avenue as a public street and public easement; and WHEREAS, on that same date, the City Council adopted a companion resolution conditionally approving a Planned Community Permit, Development Review Permit, Provisional Use Permit and a Heritage Tree Removal Permit, and finding the project to be in compliance with the California Environmental Quality Act (Pub. Res. Code, § 21000, et seq.) (CEQA) and the Guidelines for California Environmental Quality Act (Cal.
Code Regs., Title 14, Sections 15000 et seq.) (CEQA Guidelines) as it is categorically exempt from review pursuant to CEQA Guidelines Section 15332 (“In-Fill Development Projects”); and -3-
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 the abo ve recitals are correct and are material t o this Resolution and are incorporated into this Resolution as findings of the City Council; and be it FURTHER 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 Projects”) as described in further detail below; and be it
FURTHER RESOLVED: that th e City Council hereby makes the following findings regarding the Vesting Tentative Map (Application No. PL-6753):
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 Designations for the site of Downtown Mixed-Use and Medium-Density Residential, including all requirements therein applicable to said property.
More specifically, the subdivision provides for the improvement of the 1.43-acre site with frontage improvement, including new utility connections, landscaping, curb, gutter, and sidewalks necessary to support the associated mixed-use development (including the bonus density in the residential component of the development allowed by State Density Bonus Law).
The project is also consistent with General Plan policies aimed at ensuring adequate and safe utility services, such as Policies INC 1.3 (Utilities for new development) and INC 1.5 (Utility service), as well as policies for incorporating new sidewalks and improvements to prioritize pedestrian circulation (INC 3.4, Right- of-way regulations) and ensuring overhead utilities at the project frontage are undergrounded (INC 3.5, Undergrounding utility lines);
2. 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 it complies with allowed uses of the P(19) (Downtown) Precise Plan and the applicable General Plan Land Use Designations identified in Finding a. above, which support this type of
mixed-use/residential development. Although the proposed project density exceeds the maximum allowed by the General Plan and Downtown Precise Plan, the project is allowed additional density under provisions of State Density Bonus Law, and the proposed site design adequately accommodates and/or makes improvements to vehicle, pedestrian, and bicycle circulation to meet or exceed requirements for life safety, City services, and the needs of existing/future residents and site users. Specifically, the property is a relatively flat lot with planned improvements for all required utility services, on-site, and public street improvements that provide for improved on/off-site pedestrian and bicycle circulation and necessary vehicle and City service access. Further, the site is large enough with suitable dimensions to accommodate the
proposed project in compliance with all applicable Downtown Precise Plan -4-
development standards. Additionally, per the Utility Impact Study (UIS) conducted for the project, there is sufficient capacity in the City’s utility system to accommodate the proposed development and future cumulative conditions, including fire flows at and around the project site;
3. 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 Designations for the site of Downtown Mixed -Use and Medium-Density Residential, including all requirements therein applicable to said property.
More specifically, the subdivision provides for the improvement of the 1.43 -acre site with frontage improvement, including new utility connections, landscaping, curb, gutter, and sidewalks necessary to support the associated mixed -use development (including the bonus density in the residential component of the development allowed by State Density Bonus Law).
The project is also consistent with General Plan policies aimed at ensuring adequate and safe utility services, such as Policies INC 1.3 (Utilities for new development) and INC 1.5 (Utility service), as well as policies for incorporating new sidewalks and improvements to prioritize pedestrian circulation (INC 3.4, Right -of-way regulations) and ensuring overhead utilities at the project frontage are undergrounded (INC 3.5, Undergrounding utility lines);
4. 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 it complies with allowed uses of the P(19) (Downtown) Precise Plan and the applicable General Plan Land Use Designations identified in Finding a. above, which support this type of mixed-use/residential development. Although the proposed project density exceeds the maximum allowed by the General Plan and Downtown Precise Plan, the project is allowed additional density under provisions of State Density Bonus Law, and the proposed site design adequately accommodates and/or makes improvements to vehicle, pedestrian, and bicycle circulation to meet or exceed requirements for life safety, City services, and the needs of existing/future residents and site users. Specifically, the property is a relatively flat lot with planned improvements for all required utility services, on -site, and public street improvements that provide for improved on/off -site pedestrian and bicycle circulation and necessary vehicle and City service access. Further, the site is large enough with suitable dimensions to accommodate the proposed project in compliance with all applicable Downtown Precise Plan development standards. Additionally, per the Utility Impact Study (UIS) conducted for the project, there is sufficient capacity in the City’s utility system to accommodate the proposed development and future cumulative conditions, including fire flows at and around the project site;
5. 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 in the Categorical Exemption Report “881 Castro Street Mixed -Use Project” prepared for the project and found to be eligible for a categorical exemption per Section 15332 -5-
(“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. The analysis found 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) are present at or adjacent to the site. The project will comply with all applicable health and safety codes 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 conditions of approval of the City, and water quality regulations established per the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The project will be required to comply with the City’s standard tree replacement requirements, as outlined in the City Code and City standard conditions of approval, as well as standard requirements to avoid removal of trees with nesting birds. Also, proposed off -site improvements are designed to meet City design standards and adopted City Codes;
6. 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 applicable policies included in the General Plan, as summarized in Finding a. above, 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. 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 City Code intended to manage and avoid public health impacts;
7. 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. Also, the proposed subdivision includes new public access easements providing circulation through and use of the property;
8. 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 140 dwelling units;
9. 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;
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10. 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;
11. 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 be it
FURTHER RESOLVED: that the City Council hereby approves the Vesting Tentative Map 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 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.
NOTICE
The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, 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 other exactions. The applicant is hereby further notified that the 90 -day appeal period in which the applicant may protest these fees, dedications, reservations, and other exactions pursuant to Government Code Section 66020(a) has begun as of the date this Resolution is adopted. 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, dedications, reservations, or other exactions.
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CDD/EM-12-09-25r-1
Exhibits: A. Subdivision Conditions
B. Vesting Tentative Map
Exhibit A
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SUBDIVISION CONDITIONS
APPLICATION NO.: PL-6753
843-903 CASTRO STREET, 700 WEST EL CAMINO REAL, AND 750 FAIRMONT AVENUE
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 Offic ial is required, that review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws, regulations, and accepted practices for the item(s) under review. The 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.
This approval is hereby granted for a Vesting Tentative Map for condominium purposes to create one parcel with 140 residentia l condominium units and six commercial units in conjunction with a Planned Community Permit, Development Review Permit, Provisional Use Permit, and Heritage Tree Removal Permit for a mixed-use development utilizing State Density Bonus Law, located on Assessor’s Parcel Nos. 158 -06-008, 158-06-010, 158-06-036, 158-06-037, 158-06-038, and 158 -06-039 based on the findings above and subject to the applicant’s fulfilment of all the conditions of approval. Development shall be substantially as shown on the project materials listed below and for the associated Planned Community, Development Review, Provisional Use, and Heritage Tree Removal Permits, 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 Lea and Braze Engineering, Inc., dated September 19, 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 building structure for the property(ies) within the subdivision. All existing and proposed easements are to be shown on the map. Submit the map for review concurrent with all items on the Map Checklist and the Off -Site Improvement Plans to the Public Works Department. All required materials shall be submitted electronically (i.e., flattened, reduced-size PDFs).
2. PRELIMINARY TITLE REPORT: At first submittal of a 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., 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., flatte ned, 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 the 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 wit hin one week after recording the map to the Public Works Department.
RIGHTS-OF-WAY
6. PUBLIC ACCESS EASEMENT (SIDEWALK): Dedicate a 4’ wide pedestrian access easement on the face of the map along El Camino Real to maintain a continuous 12’ wide public sidewalk along the project frontage, as required by the Public Works Director.
7. PUBLIC ACCESS EASEMENTS (CONNECTIONS THROUGH SITES): Prior to approval of a final map, the owner shall dedicate public access easement (PAE) shown on the Tentative Map, on private property. PAE(s) will be dedicated via separate instruments. The project shall also be required to install signage and comply with applicable term and maintenance requirements for the public access easement (POPA open space component) per City Code Section 41.11(a).
• Running east-west between Castro Street and Hope Street (Fairmont Paseo): PAE varies from 35’ to 52’. • Running north-south between El Camino Real and Fairmont Paseo: PAE varies from 5’ to 41’. • Running east-west from Castro Street and along the Gateway Park: Northwest PAE varies from 8’ to 11’.
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. FRONTAGE PUBLIC UTILITY EASEMENT DEDICATION: Dedicate a 10’ wide public utility easement (PUE) on Hope Street and 14’ wide PUE on El Camino Real 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 pr operty owner or homeowners association shall maintain the CDD/EM
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surface improvements over the easement and must not modify or obstruct the easement area in a manner contrary to the intent of the easement. The dedication statement shall specify the PUE shall be kept free and clear of buildings and other permanent structures/facilities, including, but not limited to, the following: garages, sheds, carports, and storage structures; balconies and porches; retaining walls; C.3 bioretention systems; and private utility lines running longitudinally within the PUE.
9. EASEMENT VACATIONS AND QUITCLAIMS: All existing easements listed below that are or will no longer be needed and/or conflict with the proposed buildings and structures shall be vacated or quitclaimed. All vacations shall be approved with the project at the City Council meeting. Easements in conflict with the proposed building shall be vacated prior to the issuance of the building permit.
Public Easements (to be vacated:
• Fairmont Avenue Vacation (Nelson Manor Map).
• 5’ Street and Utility Easement (9808 O.R. 502).
PG&E Easements (to be quitclaimed):
• 3’ PG&E Pole Line Easement (2193 O.R. 433).
• 7’ PG&E Pole Line Easement (382 O.R. 243).
ASSESSMENTS, FEES, AND PARK LAND
10. SUBDIVISION FEES: Pay all subdivision fees due, in accordance with the rates in effect at the time of final map approval, prior to the approval of a final map or prior to issuance of the final inspection granting occupancy, as applicable.
11. MAP PLAN CHECK FEE: Prior to the issuance of any building permits OR p rior 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.
12. PLAN CHECK AND INSPECTION FEE: Prior to the 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 plan check submittal based on the initial cost estimate for constructing street improvements and other public facilities; public and private utilities and structures located within the public right -of-way; and utility, grading, and driveway improvements for common green and townhouse -type condominiums. Once the plans have been approved, the approved cost estimate will be used to determin e 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.
13. TRANSPORTATION IMPACT FEE: Prior to the final inspection that grants occupancy, the applicant shall pay the transportation impact fee for the development based on the Fiscal Year 2023-24 Master Fee Schedule. Residential category fees are based on the number of units. Retail, Servic e, 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.
14. PARK LAND DEDICATION FEE: Prior to the final inspection that grants occupancy , the The applicant shall pay a Park Land Dedication In-Lieu Fee in the amount of Two Million Dollars$2,872,460 ($2,000,000) on the date of the final inspection , or the date the certificate of occupancy is issued, whichever occurs first.for the 125 net new residential units subject to the fee.
This fee is based on a land value of $11,300,000 per acre, as established in Chapter 41 of the City Code, and represents the CDD/EM
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project’s proportional share of the cost of providing three acres of park and recreational space per 1,000 residents. At the time of payment, this fee amount shall be reduced by the amount of any POPA credit approved for the project.
15. [INTENTIONALLY OMITTED]
STREET IMPROVEMENTS
16. 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.
17. 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: vacation of Fairmont Avenue, installation of new s idewalk, curb, and gutter along project frontages, driveway, and Americans with Disabilities Act (ADA)-compliant curb ramps; new street trees, landscaping, and irrigation; water, sewer, and storm drainage services; new City streetlights and related appurtenances; minimum 2” half -street grind and overlay on Castro Street; full street grind and overlay on Hope Street; and installation of signage and striping along all three project frontages.
Castro Street:
• Install a consistent 10’ pedestrian walkway with tree wells, which are similar to the tree wells at the 400 block of Castro Street, matching the current Castro Street streetscape.
• Replace existing diagonal parking with unmarked parallel parking spaces per City standard.
El Camino Real:
• Install a 12’ sidewalk with 5’ landscape with tree wells.
• Install new curb and gutter.
Hope Street:
• Full 32’ wide Hope Street reconstruction with 8’ sidewalk and 5’ landscape with trees.
• Install a raised island after the crosswalk at El Camino Real and Hope Street.
• Install 80’ public loading zone on the west side of Hope Street.
• Red curb on Hope Street project frontage, except loading zone.
Hope Street and Fairmont Avenue intersection:
• Install raised crosswalk crossing Hope Street.
• Install directional curb ramp crossing Fairmont Avenue.
• Remove existing cross-culvert system and install stormwater drainage systems with catch basins.
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.
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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 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 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 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 imp rovement 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 L
iability, and One Million Dollars ($1,000,000) Workers’ Compensation. The insurance requirements are available from the Public Works Department.
18. CASTRO SIDEWALK: The streetscape on Castro Street shall be designed to meet the following requirements, which overwrite the project plans:
• Portion of curb alignment on the northeast Castro Street project frontage will be offset by 4’ to accommodate a 12’ wide trash truck loading. Two existing trees will be impacted and removed.
• Install a 9’ curb cut with decorative gate for trash collection only.
• Install one physical barrier on the opposite side of Castro Street at High School Way.
19. SIDEWALK REPLACEMENT: Any sidewalk damage on Castro Street and Gateway Plaza by the project shall be replaced following the requirements below:
• Castro Street and Gateway Plaza Special Paving : The green color and Bominite stamp pattern for the pedestrian sidewalk and PCC parking zone on Castro Street are proprietary to Bay Area Concrete, Inc., located at 5637 La Ribera Street, Suite B, Livermore, California, 94550 (telephone: 925 -245-8900). The permittee/contractor is responsible for arranging for Bay Area Concrete to replace the sidewalk and parking pavement. All sidewalk and parking zone pavement shall be sawcut along the score lines. No. 4 steel dowels shall be drilled and epoxied into the existing concrete at 12” on center. All new sidewalks, parking pavement, expansion joints, and other related improvements shall match the existing and be installed in accordance with the Castro Street Improvement Plans, Project 87-14 (Index No. 6859).
• Castro Street Edge Band : The brown color for the concrete side bands on Castro Street shall match the existing LM Scofield C-25 Sombrero Buff. All expansion joints and other related improvements shall match the existing and be installed in accordance with the Castro Street Improvement Plans, Project 87-14 (Index No. 6859).
20. 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.
21. OFF-SITE IMPROVEMENT PLANS: Prepare off-site public improvement plans in accordance with Chapter 28 of the City Code, the City’s Standard Design Criteria, Submittal Checklist, Plan Review Checklist, and the conditions of approval of the project.
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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.
22. 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
23. ON-SITE UTILITY MAINTENANCE: On-site water, sanitary sewer, and storm drainage facilities shall be privately maintained by the property owner(s).
24. UNDERGROUNDING OF OVERHEAD SERVICES: All new and existing electric and telecommunication facilities serving the subdivision are to be placed underground, including transformers. The undergrounding of the new and existing overhead electric and telecommunication lines is to be completed prior to issuance of a Certificate of Occupancy for any new buildings within the subdivision. If allowed by the City, aboveground transformers shall be located so they are screened in the least visible location from the street or to the general public, as approved by the Community Development and Public Works Departments.
25. UNDERGROUNDING OF OVERHEAD LINES: Underground existing overhead electric and telecommunication facilities fronting and through the project site. The undergrounding work shall be constructed in conjunction with any applicable off- site improvements and completed prior to issuance of a Certi ficate of Occupancy for any new unit. All poles fronting the property and/or within the division of land shall be removed.
26. 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 facilities, including, but not lim ited 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 in clude joint trench design plans. Dedicate utility easements that are necessary for the common utility on the final map.
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GRADING AND DRAINAGE IMPROVEMENTS (ON-SITE)
27. 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.
28. SANITARY SEWER HOLD HARMLESS AGREEMENT: If the sanitary sewer connection(s) inside the structure(s) is/are less than 1’ above the rim elevation of the upstream sanitary sewer manhole, before approval of the building permit, the owner shall sign an agreement to hold the City harmless against sewer surcharges or blockages that may result in on-site damage prior to approval of a final map.
COVENANTS, CONDITIONS, AND RESTRICTIONS (CC&RS)
29. 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.
30. CC&Rs, SPECIAL PAVEMENT MAINTENANCE: The homeowners association shall be responsible for replacing any special pavers or textured/colored concrete that is removed by the City to repair, replace, or maintain any City underground utilities located within private streets, driveways, or easement areas. This requirement shall be stated in the Covenants, Conditions, and Restrictions (CC&Rs). A copy of the CC&Rs with this provision marked or highlighted shall be submitted to the Community Development Department for review and approval by the Public Works Department.
OTHER APPROVALS AND EXPIRATION
31. CONSISTENCY WITH OTHER APPROVALS: This map shall be consistent with all requirements of the Planned Community Permit, Development Review Permit, and Provisional Use Permit, utilizing State Density Bonus Law, and Heritage Tree Removal Permit, (also proposed per Application No. PL-6753). All conditions of approval imposed under that application shall remain in full force.
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, 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 exactions are described in the approved plans, conditions of approval, and/or the adopted City fee schedule.
C A S T R O S T R E E T
( 9 0 ' R / W )
Exhibit B
C A S T R O S T R E E T
( 9 0 ' R / W )
H O P E S T R E E T
( 6 0 ' R / W )
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