Resolution 14701CITY OF ALAMEDA RESOLUTION NO. 14701
APPROVING PARCEL MAP, PM- 10086, FOR THE SUBDIVISION OF 55.6
ACRES INTO FOUR PARCELS LOCATED MOSTLY SOUTH OF MITCHELL
AVENUE AND EAST OF THE COAST GUARD HOUSING SITE COMMONLY
_ REFERRED TO AS A PORTION OF THE "ALAMEDA LANDING SITE" AND
1 CERTAIN RESERVATIONS DEDICATIONS AND ACCEPTANCES AND
EASEMENT VACATIONS
WHEREAS, an application was made on February 22 2012 by Catellus
Alameda Development LLC (Developer) requesting a Parcel Map PM -10086 to permit
the subdivision of approximately 55.6 acres of former Navy land into four parcels
iii :��
,ranging from 3.2 to 24 acres in size and approximately 9.3 acres of land for public
�� rights -of way, and a designated remainder; and
WHEREAS, in December 2006 and January 2007 the Alameda City Council
approved a General Plan Amendment, Master Plan Amendment, Development
Agreement Amendment and two new Development Agreements for the Alameda
Landing Mixed Use Project, and
WHEREAS, in December 2006, the City Council certified the Final
Environmental Impact Report for the Alameda Landing Mixed Use Development
Project (a Supplement to the 2000 Catellus Mixed -Use Development Project EIR) in
accordance with the California Environmental Quality Act (CEQA) (State
Clearinghouse #2006012091). The City approved a First Addendum to the EIR in
2007, a Second Addendum to the EIR in 2008, and a Third Addendum to the EIR in
2012. The Third EIR Addendum evaluated the potential impact of the proposed
changes to the approved Retail Center Development Plan and the Street Plan; and
WHEREAS, the subject property is designated as Mixed Use (Specified Mixed
Use, MU7, Catellus Mixed Use Project) in the General Plan Diagram and General Plan
Land Use Element; and
WHEREAS, the subject property is located in a Mixed Use (MX) Zoning
designation; and
WHEREAS, the Planning Board held a public hearing on the development plans
and street improvement plans for the retail center project on January 9, 2012, and
examined pertinent maps, drawings, and documents; and
WHEREAS, the Planning Board held a public hearing on the landscape plan for
the retail center and design for the Target Store on February 27, 2012, and examined
pertinent drawings and documents; and
WHEREAS, the Planning Board held a public hearing on the Parcel Map, PM
10086, on May 14, 2012, and recommended that the City Council approve Parcel Map,
PM- 10086, subject to the conditions set forth in the May 14, 2012 Planning Board
Resolution; and
WHEREAS, the City Council held a public hearing on the Parcel Map, PM
10086, on June 6, 2012, and examined pertinent drawings and documents; and
WHEREAS, pursuant to Chapter 30, Article VI, Title 30 -78 (pertaining to Parcel
Maps), of the Alameda Municipal Code ( "AMC "), the City of Alameda in its capacity as
successor agency to the Community Improvement Commission of the City of Alameda
(Owner) and Developer (Subdivider), have prepared and presented to this Council the
Parcel Map, PM- 10086; and
WHEREAS, Parcel Map, PM -10086 establishes four legal parcels, public
streets, and a designated remainder; and
WHEREAS, Parcel Map, PM -10086 delineates thereon for reservations and
dedications by the City of Alameda for public streets and utilities; and
WHEREAS, Parcel Map, PM -10086 delineates thereon vacation and
abandonment of certain existing public easements; and
WHEREAS, Developer desires to enter into a Subdivision Improvement
Agreement ( "Agreement ") to construct and complete public improvements in said
subdivision, has submitted the Parcel Map, PM -10086 therefore for approval at this
time, and has posted its bonds ( "Bonds ") guaranteeing full and faithful performance of
said work which has been approved by City, all in accordance with AMC Section 30 -85;
and
WHEREAS, it will be to the advantage and benefit to the City to have said work
performed in accordance with said Agreement; and
WHEREAS, the City Council finds in compliance with AMC 30- 78.5(f) that Parcel
Map, PM -10086 is consistent with the City of Alameda General Plan; and
WHEREAS, the City Council has determined in compliance with AMC 30- 78.5(h)
that the discharge of waste from the subdivision into the sewer system will not violate
regional water quality control regulations.
NOW, THEREFORE BE IT RESOLVED, that City Council finds, in compliance
with the California Environmental Quality Act ( "CEQA "), that the City approved an
Environmental Impact Report for the Alameda Landing Site, including this site, and
addenda thereto, and pursuant to CEQA Section 15162, no new or substantially more
severe significant environmental impacts have been identified, nor have mitigation
measures or alternatives previously found to be infeasible become feasible since the
EIR was adopted that the project proponent has declined to adopt; and therefore no
additional review pursuant to CEQA is required.
BE IT FURTHER RESOLVED that the City Council hereby approves Parcel
Map, PM- 10086, subject to the conditions in the May 14, 2012 Planning Board
Resolution and the following conditions:
1. Condition 16 approved by the May 14, 2012 Planning Board Resolution is
hereby replaced with the following condition:
Any proposed improvements within the floodplain area shall be
prepared, signed, and stamped as approved by a registered civil engineer
licensed in the State of California and meet the requirements of the AMC.
The applicant/developer shall include the recommended improvements in the
project's improvements plans. All building pads shall be certified by a
licensed surveyor in the State of California as meeting FEMA requirements to
be at or above the base flood elevation. The applicant /developer shall
promptly apply for and use best efforts to obtain from FEMA a Letter of Map
Revision (LOMR).
2. To guarantee completion of the required public improvements, Developer
shall enter into the Agreement with the City.
3. The Agreement, or a memorandum thereof, shall be recorded in the
Official Records of the County of Alameda, California concurrently with the filing of
the Parcel Map, PM- 10086.
BE IT FURTHER RESOLVED that certain areas reserved and dedicated for
public purposes in fee are hereby reserved and dedicated on behalf of the public and
the City for use in conformity with the terms of the reservation and dedication.
BE IT FURTHER RESOLVED that certain areas reserved and dedicated for the
public as easements are hereby reserved, dedicated and accepted on behalf of the
public for use in conformity with the terms of the reservation and dedication and such
reservation, dedication and acceptance shall survive conveyance of the property.
BE IT FURTHER RESOLVED that said public easements designated for
abandonment and vacation are hereby vacated.
BE IT FURTHER RESOLVED that the agreement for construction and
completion of the public improvements in said subdivision pursuant to the Agreement,
and all its terms and conditions be, and hereby are, approved and the City Manager
and the City Clerk are authorized and directed to execute and attest to, respectively,
said Agreement and related documents on behalf of the City of Alameda.
BE IT FURTHER RESOLVED that the Bonds in the total sum of $7,852,500
guaranteeing full and faithful performance of said public improvements, labor and
materials are hereby approved as sufficient in amount.
NOTICE. No judicial proceedings subject to review pursuant to California
Government Code section 66499.37 may be prosecuted more than ninety (90) days
following the date of this decision.
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 in a regular
meeting assembled on the 19th day of June, 2012, by the following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 20th day of June, 2012.
Lara Weisiger, City 0
City of Alameda