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Resolution 12951CITY OF ALAMEDA RESOLUTION NO. 12951 APPROVING PARCEL MAP, PM- 7181, AT 1109 BUENA VISTA AVENUE, FOR EAST BAY HABITAT FOR HUMANITY WHEREAS, an application was made on July 23, 1997 by East Bay Habitat for Humanity requesting a Parcel Map, PM -7181, to divide a 6,251 square foot lot, into two (2) parcels, containing 2,957.18 square feet and 3,293.82 square feet, respectively; and WHEREAS, the Parcel Map was accepted as complete on September 16, 1997; and WHEREAS, the subject property is designated as Medium - Density on the General Plan Diagram; and WHEREAS, the subject property is located in a R -2, Two Family Residence Zoning District; and WHEREAS, the Planning Board held a public hearing on this application on November 24, 1997, and examined pertinent maps, drawings, and documents; and WHEREAS, the City Council held a public hearing on January 6, 1998 to consider this application, and examined pertinent maps, drawings, and documents; and Map: WHEREAS, the City Council makes the following findings regarding the proposed Parcel The proposal is consistent with the applicable General Plans which specifies medium density residential uses for this site. 2. The site is physically suitable for the proposed planned residential project because the site is large enough to accommodate the proposal and is a generally flat site within an existing neighborhood. 4. The site is physically suitable for the proposed density of the development because the density is less than the maximum allowed density of one dwelling unit per 2,000 square feet of parcel area. 5. The design of the subdivision or proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the site was previously developed for residential use, is within an established neighborhood and has no original natural habitat on 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 because the public has no access rights over this property. 7 The design of the subdivision or the type of improvements is not likely to cause serious public health problems because they comply with existing regulations and are similar in character to the existing neighborhood. NOW, THEREFORE BE IT RESOLVED, that the City Council finds that the project is Categorically Exempt from review under the California Environmental Quality Act, under CEQA Guidelines, Section 15315 - Minor Land Divisions. BE IT FURTHER RESOLVED that the City Council hereby recommends that the City Council approve Parcel Map, PM -7181, subject to the following conditions: EFFECTIVE DATE The Parcel Map approval shall not be in force and effect unless and until the City Council has approved the rezoning of the property from R -2 to R -2 -PD and until thirty (30) days have passed after the City Council has given second reading to the Ordinance and the rezoning is in effect. APPROVED PLANS 2. The Parcel Map shall be in substantial compliance with the plans prepared by Douglas B. Flett, dated June 1997, titled "Parcel Map 7181," 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 Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires as a condition of this parcel map approval that East Bay Habitat for Humanity, 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 1109 Buena Vista Avenue 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 Soil Report 4. Comprehensive soil and foundation studies, reports, and recommendations shall be required in regard to underlying soils, future subsidence, seismic safety, water table, salt water backflow throughout the parcel and perimeter lands, and foundations of structures. All improvements shall reflect the recommendations contained within the reports. The reports shall be filed with the City Engineer, in conjunction with the Improvement Plans. IMPROVEMENT PLANS 5. Prior to the recordation of the Final Parcel Map, the subdivider shall submit improvement plans which provide for the proposed drainage, site improvements and other relevant subdivision improvements to the satisfaction of the City Engineer with consultation with the utilities companies and the Alameda Bureau of Electricity, and shall meet the following requirements: a. Improvement Plans shall show all proposed easements on the Final Parcel Map. b. Sidewalks, curbs and driveways within the street right of way shall be constructed to City standards. The proposed improvements shall be shown on the building permit plans. c. All utilities within the proposed subdivision shall be placed underground per section 11 -3118 of the City Subdivision Ordinance, unless an exception is requested and approved by the Planning Board and City Council. Grading/Drainage d. A grading and drainage plan shall be required for all areas within the subdivision. e. Surface drainage must slope away from all buildings in accordance with Article F of the Alameda Design Criteria. No drainage shall cross any lot line other than onto streets or common areas unless an easement is provided. Urban Runoff g. The Improvement Plans shall include and meet all the necessary requirements of the Alameda County wide Clean Water Program. h. The Improvement Plans shall show planned methods by which entry of pollutants to the storm drain system will be reduced. 3 Bureau of Electricity The subdivider shall provide all necessary underground substructures, and service lateral per the Bureau of Electricity specifications. The subdivider shall be responsible for installing code -sized service cables in code - size conduits from the meter(s) to the nearest Bureau service point. Meter location shall be readily accessible and are subject to the Bureau of Electricity's approval. k. The Bureau of Electricity may need to install a secondary box on the sidewalk, run an underground secondary line and install a riser on an existing pole in order to serve the new residential buildings. The subdivider shall notify the Bureau of Electricity at least three (3) months prior to the start of building construction. The electric meters shall be located at no more than 100 feet from the utility service point and shall be accessible. Should new facilities or modifications of existing facilities become necessary as a result of this subdivision, then the Bureau of Electricity may require the subdivider to provide necessary substructures. The subdivider shall be responsible for all or part of the cost associated with this modification. Also, an easement maybe required for required new utility facilities. East Bay Municipal Utilities District n. Parcel "B" may require conditional service because it does not have principal frontage along Buena Vista Avenue. The applicant shall contact EBMUD for cost and conditions of water service. Certificate of Occupancy 6. Prior to approval of the Certificate of Occupancy, all necessary improvements shall be constructed, inspected and found to be in accordance with the approved Improvement Plan or the subdivider shall enter into a subdivision agreement with the City and post sufficient bonds to guarantee construction of improvements. 7. The Parcel Map shall be recorded prior to approval of a Certificate of Occupancy on either parcel_ Mylar Copy of Final Map 8. The subdivider shall post a cash deposit of $80.00 to guarantee that a Mylar copy of the recorded Parcel Map is provided to the City Engineer. 4 EASEMENTS 9. A 50.11' by 2.67' walkway easement shall be provided along the eastern edge of Parcel "A" for the benefit of Parcel "B," as shown on exhibit "A." Fencing shall be prohibited along the eastern property line of Parcel "A." PLANNED DEVELOPMENT 10. Prior to the recordation of the Parcel Map, all conditions of approval of Planned Development, PD -97 -3, pertaining to the subdivision improvements shall be satisfied. CONSTRUCTION 11. During construction, the subdivider shall ensure that construction crews undertake a program of dust control including, but not limited to, watering soil surfaces as needed to prevent dust blowing, covering trucks carrying materials to and from the site, and frequent clean -up of soil carried by construction vehicle tires from the site onto roadways. 12. Subdivision construction activities shall be subject to the requirements of the Alameda Municipal Code which restricts construction to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 am. to 5:00 p.m. on Saturday or Sunday. VESTING 13. The subdivider shall submit for City Engineer and Planning Director's review and approval, and record the Final 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 Final Parcel Map. g:\cc\reso\pm7181.wpd 5 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 January , 1998, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, and President Appezzato - 3. NOES: None. ABSENT: Councilmember Lucas - 1. ABSTENTIONS: Councilmember Kerr - 1. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of January , 1998. Diane Felsch, City Cler City of Alameda