Resolution 12918CITY OF ALAMEDA RESOLUTION NO. 12918
APPROVING PARCEL MAP, PM-7150, AT 2100/2150 MARINER SQUARE
DRIVE, FOR MARINER DEVELOPMENT COMPANY
WHEREAS, an application was made on May 7, 1997 by John Berry for Mariner
Development Company requesting a Parcel Map, PM-7150, to divide a 39,550 square foot lot,
which contains two office buildings, into two parcels, with each parcel containing a commercial
building; and
WHEREAS, the Parcel Map was accepted as complete on July 11, 1997 and has been
found by the Engineering Department to be suitable for filing; and
WHEREAS, the subject property is designated as Office on the General Plan Diagr
and
WHEREAS, the subject property is located in a M-2, General Industrial Zoning District;
and
WHEREAS, the project is located within the boundaries of the Business and Waterfron
Improvement Project and designated as suitable for Commercial Use; and
0
WHEREAS, the Plarming Board and City Council have been advised that and find that, 33
subject to meeting City standards and requirements, the proposed subdivision would confolin
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 Planning Board held a public hearing on July 28, 1997 to consider this
application, and examined pertinent maps, drawings, and documents; and
WHEREAS, the City Council held a public hearing on August 19, 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 is consistent with the applicable General Plans and Specific Plans
because the proposal does not propose a change in the existing consistent office use.
2. The design or improvement of the proposed subdivision is consistent with the
applicable General Plans or Specific Plans because the design of the proposal will
not change or alter the existing use of the site.
The site is physically suitable for the type of development because no further
development will occur on the site and, as conditioned, parking and all common
facilities are protected from removal of degradation.
1
4. The site is physically suitable for the density of the development because no further
development is proposed.
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 changes are proposed for the site except for the minor
division of land.
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 and additional
easements are required to protect the integrity of the proposal.
7. The design of the subdivision or the type of improvements is not likely to cause
serious public health problems because the design of the subdivision will not alter the
use or density of the property.
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, PM-
7 50, subject to the following conditions:
APPROVED PLANS
The Parcel Map shall be in substantial compliance with the plans prepared by Debolt
Civil Engineering, dated May 1997, titled "Parcel Map No. 7150", consisting of two
sheets, marked Exhibit "A" and on file in the office of the City of Alameda Planning
Department, subject to the following conditions.
HOLD HARMLESS
2. Pursuant to California Government Code Section 66474.9(b), the City of Alameda
requires as a condition of this parcel map approval that Mariner Development Company,
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 2100/2150 Mariner Square Drive subdivision,
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.
2
EASEMENTS, COVENANTS AND RESTRICTIONS
Four recordable instruments shall be required to be completed by the applicant to the
satisfaction of the Planning Director, in consultation with the City Attorney, and shall
be recorded concurrent with the Parcel Map:
a. An instrument which grants reciprocal easements for the access and parking
areas between Parcel A (2100 Mariner Square Drive) and Parcel B (2150
Mariner Square Drive) with a mutual covenant which establishes joint and
several liability for the maintenance of those areas. The covenant shall cover
the maintenance, repair, and replacement of the shared facilities or infrastructure
such as parking areas, access driveways, sidewalks, landscaping, lighting, fire
and emergency equipment, and utilities (gas, water, sewer, drainage, and electric.
The City must be granted an interest in this instrument so as to prevent these
easements and covenants from merging or being revoked by later deed without
the City's consent.
b. An instrument which grants an exclusive easement to both Parcel A (2100
Mariner Square Drive) and Parcel B (2150 Mariner Square Drive) for parking
on 2236 Mariner Square Drive (the adjacent property, across Tynan Avenue)
with an interest conveyed to the City. The easement shall specify the number
of spaces (26) and that the design and configuration shall be consistent with City
Standards. Additionally, a mutual covenant shall be included which establishes
joint and several liability for the construction and maintenance of this parking
lot in the event the S &P lease is terminated.
c. An instrument enforceable by the City which prohibits the easement area on
2236 Mariner Square Drive from being used for anything not consistent with the
exclusive use of parking for Parcel A (2100 Mariner Square Drive) and Parcel
B (2150 Mariner Square Drive). It may contain provisions for extinguishment
of this restriction if the S &P right -of -way is ever acquired in fee and merged or
added to Parcel A (2100 Mariner Square Drive) and Parcel B (2150 Mariner
Square Drive).
d. A notice shall be added to the cover page of the Parcel Map for recordation
(which is also to be included on all subsequent Deeds) stating that "the
Certificate of Occupancy is conditioned upon the availability of a total of 48
shared parking spaces for the exclusive use of both Parcel A (2100 Mariner
Square Drive) and Parcel B (2150 Mariner Square Drive), and said spaces shall
be designed and configured to the satisfaction of the City ". In addition, the
cover page shall note the parking and access easement on 2236 Mariner Square
Drive with an exhibit sheet included in the Parcel Map.
All existing utility and access easements shall be retained.
3
OTHER CONDITIONS
7. The subdivider shall provide to the Engineering Division a cashier's check in the
amount of $160.00 for a mylar copy of the Parcel Map.
VESTING
8. The subdivider shall record the Parcel Map within twenty-four (24) months of approval,
or conditional approval, of the Parcel Map by the City Council. An extension of time,
not to exceed an additional twelve (12) months, for the filing of the Parcel Map may
be granted by the City Council providing written application is made by the subdivider
prior to the expiration of the approved or conditionally approved Parcel Map.
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.
G:\PB\RESO\4PM7150
file: PM 7150
4
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 19th
day of August , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, Kerr, Lucas and
Acting President DeWitt - 4.
NOES: None.
ABSENT: Mayor Appezzato - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 20th day of August , 1997.
a4x-,
Dian Felsch, City Clerk
City of Alameda