Resolution 14316CITY OF ALAMEDA RESOLUTION NO. 14316
A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 9787 FOR
THE PURPOSE OF ESTABLISHING A SUBDIVISION OF OWNERSHIP TO
CONDOMINIUM FORM FOR TWO DETACHED SINGLE- FAMILY
DWELLINGS ON ONE SITE LOCATED AT 3211 & 3215 FERNSIDE
BOULEVARD
WHEREAS, an application was made on May 20, 2008 by Elaine Luong,
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 December 8,
2008; and
WHEREAS, the Planning Board held a public hearing on this application on
January 12, 2009 and considered or examined all pertinent maps, drawings,
documents, and testimony, made findings 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
March 17, 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
Tentative Parcel Map:
The Building Official has certified that that there are no violations of
codes or statutes applicable to the structures on the site.
This finding can be made. The Building Official was provided with a pest report and
documentation from a licensed Engineer. The Building Official recognizes that
Design Review and Building Permit approval was issued for the development of
both single- family residential structures. This approval was predicated on
compliance with City Code standards. Based upon these reports and City actions,
the Building Official certified that there are no violations of codes or statutes
pertaining to the structures on the site.
2. The conversion has been reviewed and reported upon by Design
Review.
This finding can be made. The development of the site has been reviewed through
the Major Design Review process. This process assured that the development of
the site complies 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. The proposal is consistent with Guiding Policies:
Residential areas, 2.4.d because it 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 Fernside Boulevard right -of -way with a conforming 10 -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. The single - family house in the rear was last occupied
by an owner occupant, while the front is renter occupied. 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. 9787 (File No. PLN08- 0264), for
the purpose of establishing a subdivision form of ownership to condominium form
for two detached single- family dwellings on one site located at 3211 and 3215
Fernside Blvd, subject to the following conditions:
(1) This approval shall expire and become void if a final subdivision map is not
filed within two years after this approval, or by March 17, 2011.
(2) The final map shall include the sheet defined as the Tentative Parcel Map
No. 9787, prepared by Andreas Deak, submitted on January 28, 2009 and
shall include the Proposed Site (Landscape) Plan, prepared by Lung HWA
Associates, submitted on November 12, 2008 and on file in the office of the
City of Alameda Planning and Building Department, except as modified by
the conditions listed below.
The final map shall be approved subject to the satisfaction of the Planning
and Building Director, the City Engineer and the City's Consultant surveyor
prior to the City Council hearing.
(3)
(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 CC &R's shall be recorded with the Final Parcel Map.
(9) The Final Parcel Map shall comply with all City Code requirements including
but not limited by Section 30 -8 of the Alameda Municipal Code.
(10) The applicant shall submit a Tenant Relocation Plan for review and approval
by the Planning and Building Director prior to the recording of the Final Map.
(11) 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 17th day of March, 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 18th day of March, 2009.
Lara Weisiger, City
City of Alameda