Resolution 12829CITY OF ALAMEDA RESOLUTION NO. 12829
APPROVING PARCEL MAP, PM-7026, FOR THE PROPERTY LOCATED
AT 2410 MARINER SQUARE DRIVE
WHEREAS, an application was made on June 27, 1996 by Lincoln
Properties, for a Parcel Map for a two-lot division of 8.1 acres of
property; and
WHEREAS, the application was accepted as complete on July 26,
1996 and has been found by the Engineering Department to be
suitable for filing; and
WHEREAS, the subject property is designated Business Park on
the General Plan Diagram; and
WHEREAS, the project is located within the boundaries of the
Business and Waterfront Improvement Project and designated as
suitable for Commercial Use; and
WHEREAS, the Planning Board and City Council have been advised
that and find that, subject to meeting City standards and
requirements, the proposed subdivision would conform to the adopted
Community Improvement Plan (CIP) for the Business and Waterfront
Improvement Project and General Plan policies incorporated by
reference within the CIP; and
WHEREAS, the subject property is located in the M-2 General
Industrial (Manufacturing)/PD Planned Development Zoning District;
and
WHEREAS, the Planning Board held a public hearing on this
application on September 30, 1996, and recommended that the City
Council approve the Parcel Map; and
WHEREAS, the City Council held a public hearing on October 15,
1996 to consider this application, and examined pertinent maps,
drawings, and documents; and
WHEREAS, that the City Council makes the following findings
regarding the proposed Parcel Map:
1) The proposal, with its design and improvement, is consistent
with applicable General Plans and Specific Plans because the
General Plan Land Use Element designates this site for Business
Park uses and the street pattern complies with the Circulation
Element.
2) The site is physically suitable for the type of development
because the site is flat and provides adequate space for buildings
as well as parking.
3) The site is physically suitable for the proposed density of
development because the original project design with parking and
transit plans provided a supportable density. Existing easements
for parking will be protected.
4) The design of the subdivision or proposed improvement is not
likely to cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat because the
Negative Declaration adopted in 1989 for the project verifies that
there is no natural habitat on the site; because the project is
over 800 feet from the Oakland-Alameda Estuary and because there
are no emissions or industrial processes at the site which would
adversely affect urban runoff to natural habitats.
5) The design of the subdivision or improvement will not conflict
with easements acquired by the public at large for access through
or use property within the proposed subdivision because the access
has been established by a previous Planned Development and would be
preserved by easements associated with the Parcel Map.
6) The design of the subdivision or the type of improvements are
not likely to cause serious public health problems because there
are no industrial processes on the site which are likely to cause
public health problems, and because existing available public
services provide for protection from public health problems.
NOW, THEREFORE, BE IT RESOLVED that the proposal is
Categorically Exempt from review under the California Environmental
Quality Act Guidelines, Section 15315, Minor Division of Land into
four or fewer parcels with no variances required and in conformance
with the General Plan, and when all services and access are
available; and
BE IT FURTHER RESOLVED by the Council of the City of Alameda
that the City Council hereby approves Parcel Map, PM-7026 with the
following conditions:
1. The Parcel Map shall conform to plans dated July, 1996, on
file in the Planning Department Offices, titled "Parcel Map
7026," prepared by Kier and Wright Surveyors, consisting of
two sheets, and marked Exhibit "A," subject to the following
conditions:
2. This approval shall expire two years from the date of City
Council approval, unless a Parcel Map has been recorded with
the Alameda County Recorder, or the subdivider applies for and
is granted an extension at least 30 days prior to expiration.
3. Pursuant to California Government Code Section 66474.9(b), the
City of Alameda requires as a condition of this Parcel Map
approval that Lincoln Properties 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,
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officers, and employees to attack, set aside, void, or annul,
an approval of the City concerning the 2410 Mariner Square
Drive two lot subdivion which action is brought in the time
provided for in Government Code Section 66499.37. The City of
Alameda shall promptly notify the subdivider of any claim,
action or proceeding and the City shall cooperate fully in the
defense. If the City fails to promptly notify the subdivider
of any claim, action, or proceeding, or if the City fails to
cooperate fully in the defense, the subdivider shall not
hereafter be responsible to defend, indemnify, or hold
harmless the City.
4. Prior to the recording of the Parcel Map, the subdivider shall
submit easement documents for:
a. the shared access ingress/egress and peripheral driveway
serving the two lots; and
b. reciprocal rights to on-site parking on each lot; and
c. signage easements between Parcels 1 and 2, so that signs
on the northerly parcel also serve the southerly parcel.
These documents shall be to the satisfaction of the Planning
Director and Public Works Director in consultation with the
City Attorney prior to filing with the County Recorder's
Office.
5. Prior to recording the Parcel Map the subdivider shall make
corrections and changes to the Parcel Map, and shall pay such
established City fees, as are designated by the City Engineer.
6. For subdivision improvements, the subdivider will be required
to:
a) Dedicate utility easements as requested by the utility
companies and by the City Engineer's Office. The City of
Alameda shall retain all existing easements for all of
its existing electrical facilities. The subdivider shall
provide all funding and easements required by the City of
Alameda for all necessary substructures for new or
modified electrical facilities in the development.
b) Provide all easement descriptions to the City Engineer in
metes and bounds.
c) Allow no encroachments such as trees, eaves, foundations
in easements.
d) Maintain all storm drains; all storm drains shall be
private.
e) Design and construct all sanitary and storm drain systems
to the satisfaction of the City Engineer.
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f) Direct all surface drainage away from buildings. The
minimum, acceptable grade for surface flow and swales
after subsidence is 1% in unpaved areas and 1/2% in paved
areas.
g) Design all storm drain lines such that the hydraulic
grade line will not exceed catch basin gutter inlets.
h) Comply with Alameda County-Wide Urban Runoff Conditions
of Approvals for commercial/industrial development.
i) Refrain from placing trees within five feet of any storm
drain, sanitary sewer, gas line (main or service), water,
telephone, electrical mains and within 2 feet of water,
telephone, and electrical service.
Provide standard City monuments at all exterior property
corners, angle points and other control points as
determined by the City Engineer.
k) Install all gas, electrical, television and telephone
lines per the requirements of utilities and to the
satisfaction of the City Engineer.
j)
1) Provide comprehensive soils reports, foundation studies
and recommendations to the City Engineer. Sufficient
tests and analysis by an approved soils engineer shall be
performed to determine the proper allowances if future
subsidence is predicted. The number and exact locations
of all fire hydrants will be determined by the Fire
Department.
m) Install water lines in accordance with the requirements
of the East Bay Municipal Utility District and to the
satisfaction of the City Engineer. All utilities shall
be installed underground. Clearances between utility
mains, sewers, structures or other objects shall be to
the satisfaction of the City Engineer.
n) A mylar copy of the recorded Parcel Map shall be provided
to the City Engineer.
o) The subdivider shall post a cash deposit of $100.00 to
guarantee that a mylar copy of the recorded Parcel Map is
provided to the City Engineer.
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NOTICE. No judicial proceedings subject to review pursuant to
California Code of Civil Procedures 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
Procedures Section 1094.6.
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 15th
day of October , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Lucas
and President Appezzato - 4.
NOES: None.
ABSENT: None.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 16th day of October , 1996.
Di Felsch, City Clerk
Ci of Alameda