Resolution 12830CITY OF ALAMEDA RESOLUTION NO. 12830
APPROVING TENTATIVE MAP, TM-7063, FOR THE PROPERTY
LOCATED AT 1301, 1311, 1321,1351, 1401, 1411, 1431 AND
1451 HARBOR BAY PARKWAY (EMPIRE PARKWAY CENTRE)
WHEREAS, an application was made on May 20, 1996 by John
McInerney III for Empire Parkway Centre, L.P.requesting a Tentative
Map, TM-7063, to permit the conversion of the parcel developed with
eight office/research and development buildings, associated parking
and landscaped areas from a single ownership to 8 condominium
ownerships; and
WHEREAS, the Tentative Map was accepted as complete on August
30, 1996; and
WHEREAS, the subject property is designated as Business Park
on the General Plan Diagram; and
WHEREAS, the subject property is located in a C-M-PD,
Commercial Manufacturing, Planned Development Zoning District; and
WHEREAS, the project is Categorically Exempt, from CEQA,
Guidelines, Section 15301(o)--Condominium Conversions; and
WHEREAS, the Planning Board held a public hearing on this
application on September 30, 1996, and recommended that the City
Council approve the Tentative Map; and
WHEREAS, the City Council held a public hearing on the matter
on October 1, 1996, and has examined pertinent maps, drawings, and
documents and has considered any written comments and testimony
during the public hearing; and
WHEREAS, the Council made the following findings:
1. The proposal is consistent with the applicable General Plans
and Specific Plans because the proposal does not propose a
change in the existing consistent office/research and
development use.
2. The design or improvement of the proposed subdivision is
consistent with the applicable General Plans or Specific Plans
because the project will permit a conversion from single
ownership to condominium ownership and does not include any
improvements to the site or the existing buildings.
3. The site is physically suitable for the type of development.
A change to condominium ownership will have no effect on the
existing site development.
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4. The site is physically suitable for the density of the
development. A change to condominium ownership will have no
effect on the existing density of the site.
5. 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. No improvements are proposed for the site.
6. The design of the subdivision or improvement 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.
7. The design of the subdivision or the type of improvements is
not likely to cause serious public health problems. The
change to condominium ownership will not affect public health.
8. The existing parking represents a deficit of 96 spaces from
the approved number of parking spaces for the project.
Approval of this Tentative Map shall be subject to the
applicant securing approval of a Planned Development Amendment
which addresses deficit parking, and an additional reduction
of 4 spaces to comply with accessibility requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda that the City Council hereby approves Tentative Map, TM-
7063 with the following conditions:
EFFECTIVE DATE
1. The Tentative Map approval shall not be in force and effect
unless and until the applicant has secured a Planned
Development Amendment permitting the reduction of required
parking from 1,600 to 1,500, or otherwise complies with the
parking requirements under the approved Final Development Plan
approval for the site.
APPROVED PLANS
2. The Final Map shall be in substantial compliance with the
plans prepared by Brian Kangas Foulk dated August 1996, titled
"Tract 7063 Empire Parkway Centre One Lot Subdivision for 8
Condominium Units" showing 8 condominium units and related
open space, consisting of eight sheets, marked Exhibit "A"
which are on file in the office of the City of Alameda
Planning Department.
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HOLD HARMLESS
3. Pursuant to California Government Code Section 66474.9(b), the
City of Alameda requires as a condition of this tentative map
approval that Empire Parkway Centre, L.P., 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 1301 et al Harbor Bay
Parkway condominium conversion, which action is brought in the
time provide 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.
EASEMENTS
4. All existing utility easements shall be retained.
CONDITIONS, COVENANTS AND RESTRICTIONS
5. In conjunction with the Improvement Plans, the subdivider
shall submit a copy of the proposed Conditions, Covenants and
Restrictions (CC&R's) which provide for the maintenance of all
common facilities, such as streets and utilities, not accepted
for maintenance by a public agency, and include an easement to
the Property Owners' Association for maintenance of
landscaping and water features within the site and provide for
the maintenance of the Fire Department's inlet and hydrants
located on the subject site. The CC&Rs shall be reviewed and
found satisfactory by the Planning Director in consultation
with the City Engineer and City Attorney prior to the
recordation of the Final Map.
6. Prior to the application for any building permit for the site,
two copies of the approved CC&Rs shall be submitted to City
Engineer.
OTHER CONDITIONS
7. The Final Map shall include the correct addresses of each
building to the satisfaction of the Chief Building Official.
8. The subdivider shall provide to the Engineering Division a
cashier's check in the amount of $160.00 for a mylar copy of
the Final Map.
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VESTING
9. The subdivider shall record the Final Map within twenty-four
(24) months of approval, or conditional- approval, of the
Tentative Map by the City Council. An extension of time, not
to exceed an additional twelve (12) months, for the filing of
the Final Map may be granted by the City Council provided
written application is made by the subdivider and is granted
prior to the expiration of the approved or conditionally
approved Tentative
Map.
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.
Dian elsch, City Clerk
City .f Alameda