Resolution 14098CITY OF ALAMEDA RESOLUTION NO. 14098
APPROVING TENTATIVE MAP 9387, TM06 -0003, FOR THE
PURPOSE OF ESTABLISHING ' UP TO EIGHT COMMERCIAL
CONDOMINIUMS WITHIN ONE . BUILDING LOCATED AT 1000
ATLANTIC AVENUE
WHEREAS, an application was made on August 28, 2006, requesting
approval of Tentative Map 9387, to permit the conversion of approximately
40,745 square feet of office, light industrial, and manufacturing space with
associated parking' and landscaped areas on an approximately 3`.085 acre
parcel from a single ownership to up to eight fee simple ownerships; and
WHEREAS, the Tentative Map was accepted as complete on March 19,
2007; and
WHEREAS, the subject property is designated as Business Park on the
General Plan Diagram; and
WHEREAS, the subject property is located in a M-X, Mixed Use Planned
Development Zoning District; and
WHEREAS, the Planning Board held a public hearing on this application
on April 23, 2007, and examined pertinent maps, drawings, and documents;
and
WHEREAS, the Planning Board unanimously approved a resolution
recommending City Council approval of the proposed maps; 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 -78.5, the City Council finds:
That the Proposal is consistent with the General Plan' and zoning. The
existing business park is consistent with the General Plan designation of
Business Park on the General Plan'` Diagram and the M -X, mixed use
Planned Development Zoning District in which the property is located.
The proposal will not change the existing business park use.
2. That the proposed improvements are consistent with the General Plan
and zoning.` No changes to the physical environment are proposed.
3. That the site is physically suitable for this type of development. The
business park use has existed since the 1980s with the existing building
constructed in 1987. No change to the use is proposed.
4. That the site is physically suitable for the proposed density of
development. No change to the existing density is proposed.
5. That the subdivision will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat. No
change to the existing use and no physical changes are proposed.
6. That the subdivision will not conflict with easements acquired by the
public at large for access through or use of property within the
subdivision. All existing easements are required to be retained.
That the subdivision will not cause serious public health problems. < No
change to the existing business park use and no physical changes are
proposed.
NOW, THEREFORE BE IT RESOLVED, that the City Council finds that
the proposal to subdivide the parcel into eight separate lots will not have a
significant effect on the environment and is Categorically Exempt pursuant to
California Environmental Quality Act (CEQA) Guidelines Section 15301 (k)
(Existing Facilities), which exempts the subdivision of existing commercial or
industrial buildings, where no physical changes occur which are not otherwise
exempt.
BE IT FURTHER RESOLVED that the City Council hereby approves
Tentative Map 9387, subject to the following conditions:
1. The final map shall be prepared to the satisfaction of the City Engineer and
City's consultant surveyor.
2. 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 Final Map and in obtaining the map signature of the City's
consulting surveyor.
3. The subdivider shall post a refundable cashier's check in the amount of
$400 to, guarantee a mylar copy of the recorded Final Map.
4. Deeds, title report of property owner(s), adjoiner deeds and closure
calculations shall be provided.
5. The applicant shall provide a mylar copy of the recorded final maps.
6. Covenants, Conditions and Restrictions (C.C. & R's) shall be, prepared to
the satisfaction of the City of Alameda. Copies of the recorded C.C. & R's
and condominium plan shall be provided to the City Engineer.
7. Pursuant to California Government Code Section 66474.9(b), the City of
Alameda requires as a condition of this Tentative 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.
8. 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 this Tentative Map to be
exercised.
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, 1 have hereunto set my hand and affixed the official seal of
said City this 6th day of June, 2007.
Lk)
Lara Weisiger, City CI
City of Alameda