Resolution 14297CITY OF ALAMEDA RESOLUTION NO. 14297
APPROVING TENTATIVE PARCEL MAP NO. 9757
FOR THE PURPOSE OF ESTABLISHING A SUBDIVISION OF OWNERSHIP
TO CONDOMINIUM FORM FOR TWO DETACHED SINGLE - FAMILY
DWELLINGS ON ONE SITE LOCATED AT 1531 MORTON STREET
WHEREAS, an application was made on May 19, 2008, by John Gutierrez,
requesting Subdivision of ownership to condominium form for two detached single -
family dwellings on one site; and
WHEREAS, the application was accepted as complete on September 3,
2008; and
WHEREAS, the Planning Board held a public hearing on this application on
October 27, 2008 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 Council of the City of Alameda held a public hearing on
January 6, 2009 and considered or examined all pertinent maps, drawings,
documents and testimony; and
WHEREAS, the City Council has made the following findings relevant to the
Parcel Map:
1. The Building Official has certified that there are no violations of codes
or statutes applicable to the structures on the site.
This finding can be made because the Building Official has certified that there are
no violations to Codes or statutes applicable to the structures involved based upon
documents provided by the applicant which included a pest report and
documentation from a licensed Engineer that states that the original residential
building complies with the State Historic Building Code. The Building Official
recognizes that Design Review and Building Permit approval was issued for the
development of the second detached dwelling. This approval was predicated on
compliance with City Code standards relating to infill development.
2. The conversion has been reviewed and reported upon by Design
Review.
This finding can be made because the initial infill development of the site had been
reviewed through the Major Design Review process. This process assured that
the development of the site complied with Municipal Code standards and
residential design guidelines.
3. The project is consistent with CEQA Guidelines, Section. 15315 Minor
Land Divisions that requires conformance with the General Plan and
Zoning, no variances or exceptions are required, and all services and
access conform to local standards.
This finding can be made because the project would be limited to providing
individual ownership of existing single - family detached residences on a single lot
and would not affect or alter existing residential density in the neighborhood and
would not affect any public facilities. The project is also consistent with General
Plan Guiding Policies: Residential areas, 2.4.d because is limits residential
development to two detached single - family residences; and 2.4.e because the
conversion would expand opportunities for households in all income groups by
providing the opportunity of separate ownership for each of the single - family
residences on the common site. The Major Design Review approval for the
original infill project assured that the site meets all zoning standards pertaining to
site development that includes off- street parking, open space, and water
conservation /landscaping. Access is provided by the Morton Street right -of -way
with a conforming 8.5 -foot wide driveway to the dwelling at the rear portion of the
site.
4. The project would not affect the availability of rental housing, remove
rental housing, or result in the displacement of tenants occupying
rental units.
This finding can be made because the original single- family house was last
occupied by an owner occupant. The conversion does not limit the property to
either owner occupant or rental status.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Alameda approves the Tentative Parcel Map No. 9757 (File No. PLN08- 0260), for
the Purpose of Establishing a Subdivision of Ownership to Condominium Form for
two Detached Single- Family Dwellings on One Site Located at 1531 Morton Street,
subject to compliance with the following conditions:
(1) This approval shall expire and become void if a Final Parcel Map is not filed
within two years after this approval, or by January 6, 2011.
(2) The Final Parcel Map shall include the sheet defined as the Tentative
Parcel Map No. 9757, prepared by Andreas Deak, submitted on May 19,
2008 and shall include the Proposed Site (Landscape) Plan, prepared by
Sinan Sabuncuoglu, submitted on September 3, 2008 and on file in the
office of the City of Alameda Planning and Building Department, except as
modified by the conditions listed below.
(3) The Final Parcel Map shall be approved subject to the satisfaction of the
Planning and Building Director, the City Engineer, and the City's Consultant
surveyor. This shall include, but not be limited to the following issues:
a. The identification of the units and the common areas on the final map
should match those in the Covenants, Conditions, and Restrictions
(CC &R's). Units should have a number (i.e., Unit 1 and Unit 2) not
letters.
b. Exclusive Use Common Areas shall be identified as such. Exclusive
Use common areas may be identified by letters "D" for deck, "P" for
patio, "PS" for parking space, "SP" for stairs, porch, and landings, and
"Y" for yard followed by the number of the corresponding unit.
Abbreviations shall be included in the legend.
(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 Tentative Parcel Map and Final Parcel Map and in
obtaining the map signature of the City's consulting surveyor on the Final
Parcel Map.
(5) The subdivider shall post a refundable cashier's check in the amount of
$400 to guarantee that the Mylar copy of the site plan and landscaping plan
are provided in the form approved by the City Engineer.
(6) The subdivider shall arrange for a Title Company to record the Final Parcel
Map and provide a Mylar copy of the recorded Final Parcel Map, site plan
and landscaping plan.
(7) Covenants, Conditions and Restrictions (CC &R's) including estimated
homeowner's fees shall be prepared to the satisfaction of the Planning and
Building Director, the City Engineer and the City Attorney prior to approval
of the Final Parcel Map by the City Council for purposes of verifying
maintenance and care of common areas.
(8) The applicant/property owner shall provide and estimate of the
condominium owner's fees.
(9) The CC &R's shall be recorded with the Final Parcel Map.
(10) The Final Parcel Map shall comply with all City Code requirements
including but not limited by Section 30 -81 of the Alameda Municipal Code.
(11) The subdivider shall arrange for a title company to record the Final Parcel
Map and CC & R's.
(12) 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.
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 6th day of January, 2009, 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 7th day of January, 2009.
Lara Weisiger, C y Ole k
City of Alameda