Resolution 14097CITY OF ALAMEDA RESOLUTION NO. 14097
APPROVING PLANNED DEVELOPMENT, PD07-0001, AND PARCEL
MAP PM06-0005 TO ALLOW THE DIVISION OF A 25,000 SQUARE
FOOT PARCEL INTO TWO LOTS AT 650/700 GRAND STREET. THE
PROPERTY IS LOCATED WITHIN AN R-1 (SINGLE-FAMILY
RESIDENTIAL) ZONING DISTRICT
WHEREAS, an application was made on October 19, 2006 by Will
Harrison Design requesting approval of a Parcel Map, PM06-0005 and on 30
January 2007 for a Planned Development overlay, PM07-0001 to subdivide a
parcel with two existing houses into two lots; and
WHEREAS, the applications were deemed complete on January 30,
2007; and
WHEREAS, the subject property is designated as Low Density Residential
on the General Plan Diagram; and
WHEREAS, the subject property is located in a R-1, Single-Family
Residential Zoning District; and
WHEREAS, the property is currently occupied by two houses and both
houses are on the Alameda Historical Building Study List; and
WHEREAS, the Planning Board held a public hearing on this application
on February 26, 2007, and examined pertinent maps, drawings, and
documents; and
WHEREAS, the Planning Board approved a resolution recommending City
Council approval of the proposed tentative Parcel; and
WHEREAS, the City Council held a public hearing on this application on
June 5, 2007, and examined pertinent maps, drawings, and documents; and
WHEREAS, pursuant to AMC Sec. 30-4.13, the City Council makes the
following findings with regard to the Development Plan:
1. The Planned Development overlay is consistent with the General
Plan. The General Plan supports the preservation of all buildings
and structural elements having architectural, historic or aesthetic
merit. The proposed Planned Development would allow the creation
of a new parcel with the least impact to historic buildings and
structures.
The General Plan Diagram designates this property Low Density
Residential, with a minimum lot density of 2,000 square feet per
dwelling unit. The density of the property and of the surrounding
neighborhood would not be changed. This project also supports the
General Plan policies on the preservation of historically significant
building and contributing structures.
The proposed development is a more effective use of the site
than is possible under the regulations for the district with which
the PD District is combined. The Parcel Map will create two
individual parcels with two existing homes. The Planned
Development overlay allows the necessary flexibility in the
development standards, such as setbacks and parking to permit this
development to occur: By varying the off- street parking mandated at
this location the integrity of a contributing historical structure can be
preserved where it would otherwise have to be compromised and the
visual impact of parking on the historic house is eliminated.
3. The project will not have a significant adverse effect on adjacent
and uses in the City. The site is already developed with two single -
family homes. The Planned Development and Parcel Map would
divide the existing parcel without adding any new development.
Therefore, the project will not have a significant adverse effect on
adjacent land uses in the City.
WHEREAS, pursuant to AMC Section 30 -78.5 the City Council has made the
following findings with regard to the proposed Parcel Map:
1 The proposed map is consistent with applicable General and
Specific Plans. The project complies with the density requirements in
the General Plan and is compatible with the variety of lot sizes of
surrounding properties. This project also supports the General Plan and
policies for the preservation of historical buildings and structures.
2. The proposed design /improvements are consistent with applicable
General and Specific Plans. The proposed design respects the
density, physical, and aesthetic character of the neighborhood and
surrounding areas. No new development is proposed that would impact
any of these aspects of the neighborhood and surrounding areas.
3. The site is physically suitable for this type of development. The site
is physically suitable for this type of development because the proposed
parcel will exceed the required minimum lot size and width and will be
comparable in size to the surrounding one- family parcels. ;Additionally,
the site and surrounding properties are zoned One- Family Residential
(R -1) and are designated for Low Density Residential on the General
Plan Diagram. The parcels front over 300 linear feet of continuous curb
space along Grand Street.
4. The site is physically suitable for the proposed density of
development. The General Plan designates this property Low Density
Residential, with a minimum lot density of 2,000 square feet per dwelling
unit, and an overall expected density range of below 8.7 units per acre.
This density will be maintained for this proposal, and will not change the
density of the surrounding neighborhood.
5. 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. The project will not result in any
site alterations on the parcels. There is no proposed construction in the
water area of the parcel.
6. 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.
Utilities are already available at the project site's boundaries. The
existing single - family home at 700 Grand Street is already connected to
water, sewer, and electric utilities. Police, Fire, and garbage services are
also available along Grand Street. Separate utility connections to the
newly created parcels have been established. The proposal will create
parcels that are similar to those found in the vicinity. Additionally, access
and utility easements will be required for utilities. An additional easement
is proposed for the existing encroachment of the house at 650 Grand
Street on to City owned property in the lagoon.
7. That the design of the subdivision or the type of improvements will
not cause public health problems. The proposal continues existing
residential uses at the site without any changes to the existing
structures. Both parcels would have continued direct access the Grand
Street and /or Palmera Court.
THEREFORE BE IT RESOLVED that the City Council of the City of
Alameda determines that the project is Categorically Exempt from further
environmental review under CEQA Guidelines Section 15315 Minor Land
Divisions; and
BE IT FURTHER RESOLVED that the City Council hereby approves
Planned Development, PD07 -0001 and Parcel Map PM06 -0005 to allow the
subdivision of 700 Grand Street in to two legal parcels, subject to the following
conditions:
HOLD HARMLESS
Pursuant to California Government Code Section 66474.9(b }, the City of
Alameda requires as a condition of this Parcel Map 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, which action is brought within the time
period provided for in Government Code Section 66499.37. The City of
Alameda shall notify the developer of any claim, action or proceeding and
the City shall cooperate in the defense. If the City fails to notify the
developer of any claim, action, or proceeding, or if the City fails to
cooperate in the defense, the developer shall not hereafter be responsible
to defend, indemnify, or hold harmless the City.
ACKNOWLEDGEMENT OF CONDITIONS
2. The applicant shall acknowledge in writing all conditions of approval and
accept this permit subject to conditions, with full` awareness of applicable
provisions of the Alameda Municipal Code for these Parcel Maps to be
exercised.
OTHER CONDITIONS
Conditions Applicable Prior to Approval of Parcel Maps by City Council
3. Parcel maps shall be prepared to the satisfaction of the City Engineer
and City's consultant surveyor.
4. 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.
5. The subdivider shall install separate utilities (gas, water, and electrical)
and sewer lateral for rear Parcel #1 and obtain permits for the
construction. Trench reconstruction and reconstruction of any sidewalk,
curb and, gutter removed for installation of the utilities and sewer lateral
shall be to City of Alameda standards and to the satisfaction of the City
Engineer, Building Official and utility companies. The existing sanitary
sewer lateral shall be abandoned to the satisfaction of the Planning and
Building, and Public Works Departments. All costs shall be borne by the
subdivider.
In conjunction with the Parcel Map an instrument granting a separate
easement from the city to the property owner shall be prepared for the
pile - supports and brick wall encroachments in the lagoon and for air
rights for the portion of the dwelling structure above the lagoon. The
easement plat, legal and metes and bound descriptions shall be
prepared by a licensed land surveyor in the State of California and to the
satisfaction of the City Engineer. The easement shall be recorded
concurrent with the parcel map. All costs associated with the
preparation of the easement and City staff plan review shall be borne by
the subdivider.
7. An easement shall be provided on the Parcel Map in the owner's
statement for surface flow for the benefit of Parcel #2 from Parcel #1 due
to the existing slope of the land towards the lagoon.
8. The subdivider shall post a refundable cashier's check to guarantee that
a mylar copy of the recorded Parcel Maps is provided in the form
approved by the City Engineer.
Conditions Applicable After Approval of Parcel Maps by City Council
9. The subdivider shall provide one mylar copy of the recorded parcel
maps.
The decision of the City Council shall be final.
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 5th day of June 2007, by the following vote to wit:
AYES: Councilmembers deHaan,`Gilmore, Matarrese, Tam
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 6th day of June, 2007.
Lara Weisiger, City Cl r
City of Alameda