Resolution 14497CITY OF ALAMEDA RESOLUTION NO.
X49
APPROVING TENTATIVE PARCEL MAP NO. 9876 PLANNING
APPLICATION NO. PLNO9 -0185 — A PARCEL MAP FOR THE PROPOSED
SUBDIVISION OF THE SITE AT 2318 PACIFIC AVENUE INTO TWO
PARCELS
WHEREAS, an application was submitted on May 19, 2009, by Italo
Calpestri, requesting approval of a parcel map to subdivide a 10,853 square foot
parcel into two parcels of 5,853 and 5,000 square feet respectively; and
WHEREAS, a minor design review application for 4 on -site parking spaces
to accommodate the existing duplex on the proposed front lot was approved on
July 30, 2009; and
WHEREAS, the parcel map application was accepted as complete on
February 3, 2010; and
WHEREAS, the project site is located within a C -M, Commercial
Manufacturing District; and
WHEREAS, the project site is designated Medium Density Residential on
the General Plan Diagram; and
WHEREAS, the Planning Board held a public hearing on this application on
March 8, 2010 and considered or examined all pertinent maps, drawings,
documents and testimony and recommended approval of the Tentative Parcel
Map to the City Council; and
WHEREAS, the City Council finds that the proposed parcel map is
consistent with the General Plan in that each of the newly created parcels is of
sufficient size and width to accommodate future development in a manner
consistent with the uses and site development standards of the underlying general
plan and zoning designations.
NOW, THEREFORE, BE IT RESOLVED that, the project is Categorically
Exempt from additional environmental review pursuant to California Environmental
Quality Act Guidelines Section 1 5315 Minor Land Divisions.
BE IT FURTHER RESOLVED that the City Council approves Tentative
Parcel Map No. 9876 (PLNO9-01 85), for the subdivision of the site at 2318 Pacific
Avenue into to two lots subject to compliance with the following conditions:
(1) This approval shall expire and become void if a Final Parcel Map is notified
with Alameda County within 24 months after approval by City Council, or by
October 5, 2012.
(2) The Final Parcel Map shall include the sheet defined as the Tentative
Parcel Map No. 9876, prepared by Andreas Deak, submitted on June 17,
2010, and on file in the office of the City of Alameda Community
Development Department, except as modified by the conditions listed
below.
(3) The electrical utilities to Parcel 1 will be placed underground.
(4) The Final Parcel Map shall be prepared to the satisfaction of the City
Engineer and City's consultant surveyor.
The subdivider shall post a refundable cashier's check in the amount of
$400 to guarantee that a Mylar copy of the recorded Parcel Map is provided
to the City Engineer.
(6) The subdivider shall pay for all reasonable office and engineering costs
expended by the City Engineer's office, including overhead, in conjunction
with reviewing the Parcel Map and in obtaining the map signature of the
City's consulting surveyor.
The subdivider shall arrange for a Title Company to record the Final Parcel
Map.
(8) The subdivider shall provide a Mylar copy of the recorded parcel map to the
Engineering Division after approval by the City. Council.
HOLD HARMLESS. The applicant shall defend (with counsel reasonably
acceptable to the City), indemnify, and hold harmless the City of Alameda,
its 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.
(5)
(7)
(9)
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.
1, 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 5th day of October, 2010, by the following vote to wit:
y g
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 6th day of October, 2010.
Lara Weisiger, Cit i clerk
City of Alameda