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Resolution 12877CITY OF ALAMEDA RESOLUTION NO. 12877 APPROVING PARCEL MAP, PM-7025, FOR PROPERTY AT 1180/1220 HARBOR BAY PARKWAY, FOR OAKLAND RAIDERS WHEREAS, an application was made on October 8, 1996 by the Oakland Raiders, for a Parcel Map for a four-lot division of 13.6 acres of property, which was refiled as a two-lot division and was accepted as complete on March 20, 1997; and WHEREAS, on February 18, 1997 the applicant filed a letter extending the period of review for 90 days, with which the City concurred; and WHEREAS, the subject property is designated Business Park on the General Plan Diagram; and -‘t WHEREAS, the subject property is located in the C-M/P-D Commercial Manufacturing Zoning District/Planned Development —I Combining District; and z rn WHEREAS, the Planning Board held a public hearing on this application on April 14, 1997, and recommended that the City Council approve the Parcel Map; and WHEREAS, the City Council held a public hearing on May 6, 1997 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 has suitable access. 3) The site is physically suitable for the proposed density of development because the parking demand and traffic flow resulting from Planned Development for Parcel 1 are consistent with adequate parking and access on the site. Parcel 2 is adequate for industrial/office or roadway uses. 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 there are no endangered fish or wildlife or their habitat on the site. 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 4 has been established by a 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 ,r1 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 by the Council of the City of Alameda that the City Council hereby approves Parcel Map, PM-7025 with the following conditions: 1. Approved Plan. The Parcel Map shall conform to plans dated July 1996, and revised November 1996 on file in the Planning Department Offices, titled "Parcel Map 7025," prepared by Ruggeri-Jensen Associates, consisting of two sheets showing two parcels, file copy marked Exhibit "A," subject to the following conditions: 2 2. Vesting. 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 an extension at least 30 days prior to expiration, and is granted an extension. 3. Hold Harmless. Pursuant to California Government Code Section 66474.9(b), 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. 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. Access Easement. As required by Use Permit UP 95-24, in conjunction with the recordation of the Map, the subdivider shall record on or with the map a primary alignment for the easement for access to the Teleport Tower (Parcel 2 of Parcel Map 4785) which was recorded with Parcel Map 4785. This access shall remain unless access is precluded by Final Design of the Cross Airport Roadway project. If this access is precluded, the parties in interest shall agree to access directly from Harbor Bay Parkway. Such alignment shall be approved by the City Engineer and shall be recorded. The documents shall be to the satisfaction of the Planning Director and Public Works Director in consultation with the City Attorney. 5. Corrections. 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. Mylar Copy. The subdivider shall provide a refundable cashier's check in the amount of $80 to the City to guarantee that a mylar copy of the recorded Parcel Map is provided to the City Engineer. 3 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 regular meeting assembled on the 6th day of May , 1997, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas and President Appezzato - 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 May , 1997. Diae Felsch, City Clerk City of Alameda