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Resolution 14073CITY OF ALAMEDA RESOLUTION NO. 14073 APPROVING PARCEL MAP NO. 9286 (FILE NO. TM06-0005), FOR THE PURPOSE OF ESTABLISHING FIVE COMMERCIAL LOTS LOCATED AT 1900-1980 NORTH LOOP ROAD WHEREAS, Parcel Map No. 9286 was approved by the Planning Board on December 11, 2006; and WHEREAS, the subject property is designated as Business Park on the General Plan Diagram; and WHEREAS, the subject property is located in a C-M-PD, Commercial Manufacturing, Planned Development Zoning District; and WHEREAS, an Environmental Impact Report (EIR) for the Harbor Bay Business Park, including this site, was approved and pursuant to CEQA Section 15162, no new significant environmental impacts have been identified, nor have mitigation measures previously found to be infeasible become feasible since the EIR was adopted; therefore, no additional review pursuant to CEQA is required; and WHEREAS, the Parcel Map meets the requirements contained in the City of Alameda Subdivision Ordinance and the California Subdivision Map Act. WHEREAS, the City Council has made the following findings: 1 The Parcel Map is consistent with the General Plan. 2. The site is physically suitable for this type of development. 3. The site is physically suitable for the density of the development. 4. The subdivision will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The subdivision will not conflict with easements acquired by the public at large for access through or use of property within the subdivision. All easements are required to be retained and additional necessary access and other easements are being provided. 6. The subdivision will not cause serious public health problems. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby approves Parcel Map No 9286, subject to the following conditions: 1. A mylar copy of the recorded parcel map shall be provided to the Public Works Department. 2. Improvements plans, Regional Water Quality Control Board C -3 certification, landscape /irrigation plans, geotechnical reports, specifications, storm drain and sanitary sewer calculations, urban runoff, waste management, and other applicable submittals shall be provided as either part of the building, plans or separate from the building plans for review and approval by the City Engineer and the Planning and Building Director. Submittals shall be prepared by licensed engineers, geotechnical engineers, .landscape architects, etc., and shall be in conformance with City Standards and applicable codes. 3. Grading along the exterior boundaries of the, new parcel developments shall not interfere with the natural drainage of the surrounding areas. Slope areas or retaining walls shall be provided where proposed grades do not <match existing grades. Sloped areas shall not direct drainage across adjacent property lines. 4. Applicant shall obtain all necessary City permits (i.e., grading, excavation, encroachment, etc.) and other governmental permits (i.e., requirements of the Regional Water Quality Control Board). 5. The developer shall pay for all reasonable office and engineering costs expended by the City :Engineer's Office, including inspection and overhead during the review and construction process and the C -3 certification. Conditions Applicable, prior to Certificate of Occupancy 6. Prior to the granting of a certificate of occupancy, an operation and maintenance (O &M) agreement and plan for all post construction (permanent) storm water treatment controls, estimate of annual O &M costs for the plan and financial security shall be prepared and submitted to the City for approval. The O &M plan shall include: treatment type, locations of treatment measures, maintenance requirements, maintenance schedule assurances of party responsible for the O &M, and assurances of access to inspect and verify treatment system O &M for the life of the project. The maintenance agreement shall be recorded by, the property owner among the deed records of the County Recorder's Office (Alameda County). And as terms of the above- mentioned agreement, an O &M Plan and an annual Inspection Report for storm water treatment measures shall be provided for review and approval by the City of Alameda Public Works Department, Environmental Services Division in compliance with the California Regional Water Quality Control Board Order R- 22003 - 0021, NPDES Permit No. Cas00298313, Section C3e. A bond, cashiers check, letter of credit or other approved instrument shall be deposited with the City in the amount of the estimated annual operations and maintenance cost. 7. The applicant shall submit a report to the City's Environmental Services Division on actual tonnages if disposed or recycled for each material and the actual destination (processor. 8. The applicant shall submit as -built plans of all civil and landscape plans in both Mylar and AutoCAD CD -ROM form. Prior to granting a certificate of occupancy, power easements shall - be dedicated to ` the City of Alameda at all Alameda Power & Telecom (AP &T) transformer locations including conduit runs on the City side of transformer. Easements shall be prepared by a licensed surveyor in the State of California and to the approval of the City Engineer and AP &T. 9. Prior to approval of the Final Map, the Building Official shall establish addresses for each lot, which shall be included on the Final Map as a separate sheet. 10.AII public improvements damaged during the construction of the subdivision shall be repaired to the satisfaction of City Engineer. Any excessive wear of the finished street pavement surface due to construction equipment prior to acceptance of the improvements by the City Engineer shall be repaired by an approved slurry seal process to the satisfaction of the City Engineer. 11.AlI tract improvements shall be installed including landscaping and irrigation and shall be subject to final inspection and approval of the City Engineer and the Planning and Building Director prior to acceptance of the improvements by the City Council and subsequent release of bond. 12. Developer shall have completed all permit conditions and obtained final permit signoffs. 13.As- builts of all improvement plans shall be prepared after construction to the satisfaction of the City Engineer and shall be provided in Mylar form. 14. Upon acceptance of the improvements and release of bond by the City Council the Public Works Director shall file a 60 -day Notice of Completion with the County of Alameda. 15. The City of Alameda requires as a condition of this approval that the applicant, or its successors in interest, defend, indemnify, and hold harmless the City of Alameda or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, and employees to attack, set aside, void, or annul, an approval of the City concerning the subject property. The City of Alameda shall notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action, or proceeding, or the City fails to cooperate in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City. 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 20th day of February 2007, by the following vote to wit: AYES: Councilmembers deHaan, Gil and Mayor Johnson - 5. NOES: '' None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 21st day of February, 2007. ore, Matarrese, Tam Lara Weisiger, City City of Alameda k