Resolution 14368CITY OF ALAMEDA RESOLUTION NO. 14368
APPROVING TENTATIVE TRACT MAP NO. 8015 (FILE NO.PLN08 -0507) AT
THE ALAMEDA TOWNE CENTER.
WHEREAS, applications were made in 2005 by Harsch Investment Corp and
its affiliate Harsch Investment Realty LLC Series C requesting approval of Tentative
Tract Map No. 8015; and
WHEREAS, the application includes reconfiguring four existing lots into six
lots; and
WHEREAS, the subject property is designated as Community Commercial
on the General Plan Diagram; and
WHEREAS, the subject property is located in a C -2 -PD, Central Business
District, Planned Development Combining Zoning District; and
WHEREAS, the Planning Board held a public hearing on April 13, 2009
and examined pertinent maps, drawings, documents and testimony; and
WHEREAS, the Planning Board held a public hearing on April 27, 2009
and examined pertinent maps, drawings, documents and testimony; and
WHEREAS, in recommending approval of the application, the Planning
Board attached a condition requiring compliance with certain requirements of the
Public Works Department prior to consideration of the project by the City Council;
and
WHEREAS, these requirements have been met to the satisfaction of the
Public Works Department; and
WHEREAS, the Planning Board adopted Resolution PB -09 -08 recommending
that the City Council approve of the proposed Tentative Tract Map and the Planned
Development zoning amendment; and
WHEREAS, the City Council held a public hearing on July 21, 2009 and
examined all pertinent exhibits, documents and testimony; and
WHEREAS, the City Council has made the following findings relevant to the
Tentative Tract Map:
Finding 1. The proposed map is consistent with applicable General and
Specific Plans. The proposed map is consistent with the existing
General Plan designation of Community Commercial. The Community
Commercial designation is intended for a wide range of commercial
uses including large format retail. The proposed expansion of retail
commercial, restaurant, and parking uses is consistent with this
designation. General Plan policies support the continued operation of
this facility as a regional shopping center.
Finding 2. The proposed design /improvements are consistent with
applicable General and Specific Plans. The proposed subdivision
map will not alter existing or proposed design elements included in
Planned Development or Design Review entitlements.
Finding 3.
The site is physically suitable for this type of development. The
site is an existing shopping center. The proposed subdivision map will
not require alteration to existing or proposed elements included in
Planned Development or Design Review entitlements. Physical
suitability of this site for development has been evaluated in the 2003
Mitigated Negative Declaration and the 2008 EIR.
Finding 4. The site is physically suitable for the proposed density of
development. The proposed subdivision map will not require
alteration to existing or proposed elements included in Planned
Development or Design Review entitlements. The proposed density of
development has been evaluated in the 2003 Mitigated Negative
Declaration and the 2008 EIR.
Finding 5.
Finding 6.
Finding 7.
The proposed subdivision and its related improvements are not
likely to cause substantial environmental damage or cause injury
to fish or wildlife habitats. The site is located within a developed
urban area. The property is already developed. Potential
environmental effects associated with the redevelopment and
expansion of the retail floor area of the site have been previously
evaluated pursuant to the requirements of CEQA. Approval of the
subdivision map will not require alteration to existing or proposed
elements included in Planned Development or Design Review
entitlements.
The design of the subdivision and its related improvements will
not conflict with easements, acquired by the public at large, for
access through or the use of, property within the proposed
subdivision. The proposed subdivision map will not require
alteration to existing or proposed elements of the Planned
Development entitlements, which include a comprehensive network of
vehicular, pedestrian, bicycle and transit access improvements.
The design of the subdivision or the type of improvements will
not cause public health problems. The proposed subdivision map
will not require alteration to existing or proposed elements included in
Planned Development or Design Review entitlements. The project has
been evaluated in the 2003 Mitigated Negative Declaration and the
2008 EIR and no potential adverse health effects have been
identified.
WHEREAS, the City Council determined that the proposed subdivision of this
developed and does not have the potential to cause physical changes to the
environment that could result in adverse impacts to the environment. Pursuant to
CEQA Guidelines Section 15305, no additional environmental evaluation is
required; and
THEREFORE BE IT RESOLVED that the City Council of the City of
Alameda approves Tentative Tract Map No. 8015 (File No. PLN08 -0507) at the
Alameda Towne Centre to allow the subdivision into six parcels subject to the
following conditions:
CONDITIONS APPLICABLE PRIOR TO THE APPROVAL OF THE FINAL MAP
BY THE CITY COUNCIL
1. The final map shall conform to the requirements of the Subdivision Map Act,
Alameda Municipal Code regarding Real Estate Subdivisions Regulations,
Planning Board and City Council Tentative Map Resolutions applicable to the
Final Map, and shall be acceptable to the City Engineer and Planning
Director.
2. All easements shall be shown on the Final Map including private streets
ingress /egress access easements, surface drainage runoff, and utility
easements for the benefit of the property owners.
3. Mylar copies of the recorded Final Map shall be provided to the City
Engineer. AutoCAD cd -rom copies of the Final Map (without signatures)
shall be provided to the City Engineer.
4. The subdivider shall post a refundable cashier's check in the amount of $500
($100 per final map sheet) to guarantee that a Mylar copy of the recorded
Tract Map is provided in the form approved by the City Engineer.
5. HOLD HARMLESS. The applicant shall defend (with counsel reasonably
acceptable to the City), indemnify, and hold harmless the City of Alameda,
the City Council, the Redevelopment Agency, the Alameda City Planning
Board and their respective agents, officers, and employees from any claim,
action, or proceeding (including legal costs and attorney's fees) against the
City of Alameda, Alameda Redevelopment Agency, Alameda City Planning
Board and their respective agents, officers or employees to attack, set aside,
void or annul, an approval by the City of Alameda, the Planning and Building
Department, Alameda City Planning Board, the City of Alameda
Redevelopment Agency or City Council relating to this project. The City shall
promptly notify the applicant of any claim, action or proceeding and the City
shall cooperate in such defense. The City may elect, in its sole discretion, to
participate in the defense of said claim, action, or proceeding.
NOTICE. No judicial proceedings subject to review pursuant to California Code
of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days
following the date of this decision plus extensions authorized by California Code of
Civil Procedure Section 1094.6
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.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 21st day of July, 2009, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese,
and Mayor Johnson - 4.
NOES: None.
ABSENT: Councilmember Tam - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 22nd day of July, 2009.
Lara Weisiger, City C
City of Alameda