Resolution 13065CITY OF ALAMEDA RESOLUTION NO. 1306 5
APPROVING PARCEL MAP, PM -7290, AT 53 AND 57 MECARTNEY ROAD,
FOR FLORENCIO TAYAG
WHEREAS, an application was made on May 6, 1998 by FLorencio Tayag, requesting a
Parcel Map, PM -7290, to divide a 10,491 square foot lot, which contains two single - family
residences, into two parcels, with each parcel containing a single - family residence; and
WHEREAS, an application was made on July 14, 1998 by FLorencio Tayag, requesting a
Variance, V -98 -9, to create a lot at 57 Mecartney Road which would allow a residence with a 10 -foot
front yard setback where a minimum 20 -foot front yard setback is required; and
WHEREAS, the Parcel Map and Variance were accepted as complete on July 14, 1998; and
WHEREAS, the Parcel Map and has been found by the Engineering Department to be
suitable for filing; and
WHEREAS, the subject property is designated as Low Density Residential on the General
Plan Diagram; and
WHEREAS, the subject property is located in an R -1, One- Family Residence Zoning
District; and
WHEREAS, the Planning Board held a public hearing on October 12, 1998 to consider the
Parcel Map and Variance applications, and conditionally approved the Variance and recommended
approval of Parcel Map, PM -7290 to the City Council; and
WHEREAS, the City Council held a public hearing on November 10, 1998 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 General Plan because the proposal is currently
consistent with density standards within its General Plan category and does not propose any
alterations that would affect density or intensity of a use. The proposal is also consistent
with the policies of the Housing Element because it would provide affordable housing.
2. The design or improvement of the proposed subdivision is consistent with the General
Plan because the proposal will not change or alter the existing use of the site.
3. The site is physically suitable for the type of development because no further development
will occur on the site.
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 because no changes are proposed for the site except for the minor division
of land.
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 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 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 -7290,
and authorizes the City Engineer to sign the Final Parcel Map, subject to the following conditions:
APPROVED PLANS
1 The Parcel Map shall be in substantial compliance with the plans prepared by Andreas Deak,
dated April 3, 1998, titled "Parcel Map No. 7290 ", 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 Florencio Tayag, or his 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 53/57
Mecartney Road 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
3. If the parcel cannot be graded or improvements cannot be installed to prevent property
drainage from Parcel "A" to Parcel "B ", 53 to 57 Mecartney, then the following statement
shall be provided in the owner's statement on Sheet #1: "Said owners hereby establish
surface drainage easements over Parcel "A" for the benefit of Parcel "B" and over Parcel "B"
for the benefit of Parcel "A "."
4. The location of all utility lines including gas, water, and sewer laterals to Parcels "A" and "B"
shall be shown on Sheet #2. Should the utility lines from Parcel "B" cross onto Parcel "A ",
easements shall be provided for the benefit of Parcel "B The easements shall be shown on
Sheet #2 with boundary metes and bounds. An easement statement shall also be included
in the owner's statement. No common utility lines shall be located under any existing
structure and utility easements shall not be located under any existing structure.
OTHER CONDITIONS
5. Prior to the City Engineer's approval of the Final Parcel Map, all utilities shall be placed
underground pursuant to Section 30 -84.7 of the City Subdivision Ordinance or as otherwise
approved by the City Engineer.
6. Prior to the City Engineer's approval of the Final Parcel Map, the applicant shall improve the
street fronting the subdivision according to City standards. In particular, the applicant shall
provide street trees, a sidewalk, curb and gutter, and/or tie -in paving alongside the front of
the property as required by the City Engineer. Construction of the sidewalk, curb, and gutter
shall provide for the connection to the existing sidewalk that presently terminates at the
adjacent properties along Mecartney Road. Sidewalk and driveway construction shall
conform to City of Alameda applicable standard plans and shall be acceptable to the City
Engineer.
The subdivider shall execute a performance agreement and provide a financial guarantee,
satisfactory to the City Engineer, in the amount of $5,000 to guarantee the concrete work and
a mylar copy of the recorded Parcel Map shall be provided to the City Engineer. The $5,000
deposit can be reduced to $100, to cover the cost of the mylar copies, if the subdivider
(owner) has the concrete construction work completed prior to the Final Parcel Map being
accepted by the City Engineer.
7. Prior to the City Engineer's approval of the Final Parcel Map, the applicant shall separate the
sewer laterals to each residence. Each sewer lateral shall be equipped with a two -way clean -
out.
8. Prior to the City Engineer's approval of the Final Parcel Map, the applicant shall install
concrete or asphalt driveways to each of the garages. To ensure that these driveways are built
to City standards, the applicant shall submit plans for the driveways, under the Minor Design
Review process, and Building Permit process (if applicable) for approval by and to the
satisfaction of the Planning Director prior to construction.
3
VESTING
9. 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:VCC\RESO\4PM7290
file: PM 7290
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 17th day of November , 1998, 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 18th day of November , 1998.
Diane Felsch, City Clerk
City of Alameda