Resolution 12831CITY OF ALAMEDA RESOLUTION NO. 12831
APPROVING PARCEL MAP, PM-6994, FOR PROPERTY AT 2327/
2331/2333 LINCOLN AVENUE, 1605-1623 PARK STREET, 2338
PACIFIC AVENUE, AND WAIVER OF UNDERGROUND UTILITY
REQUIREMENT, FOR JESSE JUSTIN TRUST
WHEREAS, an application was made on September 19, 1996 by Jim
Thomson for the Jesse Justin Trust, for a Parcel Map for a two-lot
division of a parcel of approximately 32,500 square feet, and on
October 15, 1996 for waiver of the requirement for underground
utilities; and
WHEREAS, the application was accepted as complete on October
3, 1996 and has been found by the Engineering Department to be
suitable for filing; and
WHEREAS, the subject. property is designated Community
Commercial 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 C-M
Commercial/Manufacturing District; and
WHEREAS, the Planning Board held a public hearing on this
application on October 28, 1996, and recommended that the City
Council approve the Parcel Map and waiver of the utility
undergrounding requirement; and
WHEREAS, the City Council held a public hearing on November 4,
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 Community
Commercial 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 the proposed parcels provide space for
buildings as well as parking with a fire wall at the rear of the
building.
3) The site is physically suitable for the proposed density of
development because the project is a parcel map of developed land
within the City's main shopping street area.
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
site is completely developed with structures and parking areas.
5) 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 proposed subdivision because there
are no public easements existing or needed associated with the
Parcel Map. The proposed division of land is solely for purposes
of sale.
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, 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 that the City Council approves the
Parcel Map, subject to the following:
1. The Parcel Map shall conform to plans dated September 18,
1996, on file in the Planning Department Offices, titled
"Parcel Map 6994," prepared by Robert A. Day Land Surveying,
consisting of two sheets, and marked Exhibit "A," subject to
the following conditions:
2. Pursuant to California Government Code Section 66474.9(p), the
City of Alameda requires as a condition of this approval that
the subdivider 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. The City of Alameda
shall 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.
3. 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 applicant applies for an
extension at least 30 days prior to expiration, and is granted
an extension.
4. Prior to recording of the subject Parcel Map, Building Permits
shall be obtained, all construction completed and a
certificate of occupancy issued by the Building Official for
a project to modify the existing building. on Parcel 1 to
comply with the Alameda Building Code with .respect to
penetrations of building walls in proximity to property lines.
5. The subdivider will be required to post a cash deposit in the
amount of $100.00 to guarantee that a mylar copy of the
recorded Parcel Map is provided to the City Engineer.
6. An exception eliminating the requirement that all utilities
within the Parcel Map area underground prior to recording the
Parcel Map is granted.
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.
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 special meeting assembled on the 4th
day of November , 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 5th day of November , 1996.
Dia Felsch, City Clerk
City of Alameda