Resolution 12931&4,
CITY OF ALAMEDA RESOLUTION NO.12931
APPROVING PARCEL MAP, PM-7119, AT 1849 OAK STREET, FOR DEBOLT
ENGINEERING FOR THOMAS NOAKES
WHEREAS, an application was made on January 28, 1997 by Eugene De Bolt on behalf of
Winner Ford requesting a Parcel Map, PM-7119, to permit the subdivision of a developed as
automobile repair/service facility (Winner Ford) and a manufacturing use into two parcels; and
WHEREAS, the application was accepted as complete on August 11, 1997; and
WHEREAS, the subject property is designated MU5, Specified Mixed Use Areas, on the
General Plan Diagram; 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 Waterfront
mprovement Project and designated as Commercial/Residential Uses; and
WHEREAS, the Planning Board and the City Council has been advised that, subject to
meeting City standards and requirements, the proposed use 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 Planning Board held a public hearing on this application on August 28,
1997, and examined pertinent maps, drawings, and documents; and
WHEREAS, the City Council held a public hearing on September 16, 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:
The design of the proposed subdivision is consistent with the General Plan and applicable
specific plans. The site is located within the Specified Mixed Use Area 5. The General Plan
Implementing Policy 2.6.i calls for this area to be re-zoned for residential/industrial uses in
the future, with an assumed development of up to 300 duplex residential units, 40,000 square
feet of office space and a park. The existing industrial uses would continue to be permitted,
but would not be permitted to expand. The proposal to subdivide the lot would not inhibit
this General Plan goal, and, thus, the proposed subdivision of the lot is not contrary to
General Plan goals. The proposal to subdivide the lot would not inhibit this General Plan
goal.
2. The site is physically suitable for the type of development proposed. No changes to the
existing industrial uses or the existing buildings are proposed.
The site is physically suitable for the- proposed density of development. No additional
buildings are proposed as part of this subdivision.
4. The design of the subdivision or proposed improvement will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
No changes to the existing uses or buildings are proposed.
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. No
changes to the public right-of-way are proposed as part of this subdivision.
6. The design of the subdivision or the type of improvements will not cause serious public
health problems. The site is already developed, and required improvements would increase
the public health and safety.
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-7119,
subject to the following conditions:
APPROVED PLANS
The Parcel Map shall be in substantial compliance with the plans prepared by DeBolt Civil
Engineering, dated January 1997, titled "Parcel Map No. 7119", consisting of two sheets,
marked Exhibit "A" on file in the office of the City of Alameda Planning Department,
subject to the following conditions.
2. Parking on the Parcel A and Parcel B shall be provided in substantial compliance with the
plan prepared by DeBolt Civil Engineering, dated October 1996, revised through July 17,
1997, titled "Parking Plan, Alameda California", consisting of one sheet, marked Exhibit "B"
on file in the offices of City of Alameda Planning Department.
HOLD HARMLESS
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
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concerning the 1849 Oak Street 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.
EASEMENTS, COVENANTS AND RESTRICTIONS
4. 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 as shown on Parcel Map 7119 for
access between Parcel A (1835 Oak Street) and Parcel B (1849 Oak Street) 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 access driveways, sidewalks, 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 as shown on Parcel Map 7119 for
parking to Parcel B (1849 Oak Street) on 1835 Oak Street (Winner Ford Repair
Facility) with an interest conveyed to the City. The easement shall specify the
number of spaces (21) and that the design and configuration shall be consistent with
the Parking Plan prepared by DeBolt Engineering, dated October 1996, revised
through July 17, 1997, marked Exhibit "B", on file in the offices of the City of
Alameda Planning Department. Additionally, a mutual covenant shall be included
which establishes joint and several liability for the maintenance of this parking area.
c. An instrument enforceable by the City which prohibits the easements cited in
Condition #4a and #4b from being used for anything not consistent with the
exclusive use of access and parking.
5. Prior to the recordation of the Parcel Map, a Notice of Restriction to the satisfaction of the
Planning Director shall be recorded which limits the use of approximately 25,000 square feet
developed as 46 parking spaces located at the western end of the building on Parcel B to
required parking.
6. 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 approximately 25,000 square feet of the western end of
the building on Parcel B to be developed as 46 parking spaces designed and configured to
the satisfaction of the City ".
OTHER CONDITIONS
7. Prior to the recordation of the Parcel Map, the requirements of the applicable Uniform
Building Code and Uniform Fire Code shall be met or the applicant shall enter into an
agreement with the City and post sufficient bonds to guarantee construction of
improvements.
8. The subdivider shall comply with Alameda County -Wide Urban Runoff conditions of
approval for commercial/industrial development, including by not limited to the following:
a. All washing and or /steam cleaning shall be done at a facility which drains to the
sanitary sewer. Any outdoor washing or pressure washing shall be managed in such
a way that there is no discharge of soaps or other pollutants to the storm drain.
Washwater shall discharge to the sanitary sewer. Sanitary connections are subject
to the review, approval, and conditions of the wastewater treatment plants receiving
the wastewater.
b. All trash enclosures and/or recycling area(s) shall be completely covered; no other
area shall drain into this area. Drains in any wash or process area shall not discharge
to the storm drain system. Drains shall connect to the sanitary sewer. Sanitary
connections are subject to the review, approval, and conditions of the wastewater
treatment plants receiving the wastewater.
c. All on -site storm drain inlets shall be labeled "No Dumping - Drains to Bay" to the
satisfaction of the City Engineer.
d. All on -site drains shall be cleaned at least once a year immediately prior to the rainy
season (assumed to commence on 15 October). Upon inspection by City personnel,
additional cleaning may be required by the City Engineer.
9. The subdivider shall post a cash deposit of $100.00 to guarantee that a mylar copy of the
recorded Parcel Map are provided to the City Engineer.
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VESTING
10. 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.
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 16th
day of September , 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 17th day of September , 1997.
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Di Felsch, City Clerk
City of Alameda