Resolution 13071-110
Planned Development, Zoning District; and
0
a—
CL
. subsequently amended by PDA-85-4; and
CITY OF ALAMEDA RESOLUTION NO.13071
APPROVING PARCEL MAP, PM-7292, AT 2201 HARBOR BAY PARKWAY
AND 2250/2320/2350 NORTH LOOP ROAD FOR HARBOR BAY
COMMERCIAL, INC.
WHEREAS, an application was made on January 29, 1998 by Jim Westover for Harbor Bay
Commercial, Inc. requesting a Parcel Map, PM-7292, to divide a two existing parcels into four
parcels one containing 1.66 acres, one containing 2.51 acres, one containing 2.64 acres, and one
containing 2.91 acres; and
WHEREAS, the applicant made an application for a Final Development Plan and Design
Review to allow the construction of a research and development building with associated parking
and landscaping on each of the parcels created by Parcel Map 7292; and
WHEREAS, the proposal was accepted as complete on May 7, 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 as Business Park on the General Plan
Diagram; and
WHEREAS, the subject property is located in a C-M-PD, Commercial, Manufacturing,
WHEREAS, the Planned Development for the Business Park was approved by PD-81-2, and
WHEREAS, the City Council on April 4, 1989, approved an Addendum to the Final
Environmental Impact Report of the Harbor Bay Isle Development; and
WHEREAS, the Planning Board held a public hearing on October 26, 1998 to consider the
Parcel Map recommended approval of Parcel Map, PM-7292 to the City Council and approved Final
Development Plan, FDP-98-2, and Design Review, DR-98-8; and
WHEREAS, the City Council held a public hearing on December 1, 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:
The proposal is consistent with the General Plan which specifies business park uses for
this site.
2. The site is physically suitable for the type of development because is generally flat,
provided that the Lots 5 and 6 which have not been demonstrated to be suitable for
development are incorporated into the adjacent parcels (APN 74- 1337 -9 and 74- 1337 -12 -2,
respectively) by a Lot Line Adjustment prior to recordation of Parcel Map 7292.
The site is physically suitable for the density of the development because because the
proposal is consistent with the approved Planned Development for the Business Park
provided that the Lots 5 and 6 which have not been demonstrated to be suitable for
development are incorporated into the adjacent parcels (APN 74- 1337 -9 and 74- 1337 -12 -2,
respectively) by a Lot Line Adjustment prior to recordation of Parcel Map 7292.
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 the site was part of an approved business park and the subdivision
will not affect the approved use for the site and the site is within an established business park
with existing streets and infrastructure. No natural habitat exists 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 of property within the subdivision
because the public has no access rights over this property.
6. 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 business park.
NOW, THEREFORE, BE 1'1 RESOLVED that the City Council of the City of Alameda
hereby finds that no further environmental review is required for the proposed project because:
The current proposal is consistent with the business park uses which were evaluated in the
1974 Final Environmental Impact Report, certified in April 1974, and the 1988 Addendum
to the EIR, certified in April 1989; and the current proposal does not represent a change in
the project as evaluated in the Final EIR and Addendum such that new significant
environmental impacts have been identified which were not previously considered;
2. No substantial environmental changes which are pertinent to the current proposal have
occurred in the project setting that will result in significant environmental impacts which
were not evaluated in the Final EIR and Addendum; and
3. No new environmental information of substantial import and which is pertinent to the
current proposal has become available that will result in new significant environmental
impacts or will require a reassessment of the mitigation measures or alternatives identified
in the Final EIR and Addendum.
BE IT FURTHER RESOLVED that the City Council approves the Parcel Map, PM -7292,
and authorizes the City Engineer to sign the Final Parcel Map, subject to the following conditions:
APPROVED PLANS
The Parcel Map shall be in substantial compliance with the plans prepared by Ruggeri,
Jensen, Azar & Associates, dated April 1998, titled "Parcel Map 7292," consisting of two
sheets, marked Exhibit "A ", and on file in the office of the City of Alameda Planning
Department except as modified below and subject to the following conditions:
2. The remainder parcels, shown as Parcels 5 and 6 on Parcel Map 7292, are expressly not
approved for development. Prior to City Engineer approval of Final Parcel Map 7292 and
recordation of said Map, proof of recordation of a Lot Line Adjustment shall be submitted
to the Planning Director and City Engineer verifying that the land area represented by Parcels
5 & 6 are combined with the adjoining Parcels 9 and 12 of Parcel Map 5274. The Final
Parcel Map shall only include the creation of four parcels represented by Parcels 1, 2, 3, and
4 on Exhibit "A".
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 Harbor Bay Commercial, Inc., 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 Parcel Map 7292 and the proposed construction at 2201 Harbor Bay Parkway and
2250/2320/2350 North Loop Road 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.
BUREAU OF ELECTRICITY
4. The subdivider shall provide all necessary underground substructures, and service lateral per
the Bureau of Electricity specifications.
5. The subdivider shall be responsible for additional primary line extensions to provide service
to the buildings to the satisfaction of the Bureau of Electricity.
MYLAR COPY OF FINAL MAP
6. Prior to the City Engineer's approval of the Final Map, 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.
EASEMENTS
7. Prior to the City Engineer's approval of the Final Map, the subdivider shall provide an
instrument which grants reciprocal easements for access between Parcels 1, 2, 3 and 4, and
the remainder Parcels 5 and 6, as shown on Parcel Map 7292, (to be merged with Parcels 9
and 12 of Parcel Map 5274 per Condition #2). Additionally, a mutual covenant which
establishes joint and several liability for the maintenance of the driveway shall be recorded.
Further, such instrument shall include an additional reciprocal 2.asement for access located
between Parcels 3 and 4 along the parcel boundaries to provide for access to required parking
for those Parcels. The instrument shalt cover the maintenance, repair, and replacement of
those shared facilities or infrastructure such as access driveways, landscaping, lighting, fire
and emergency equipment, and utilities (gas, water, sewer, drainage, and electric).
VESTING
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.
NO110E. 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
or any final action on any appeal, plus extensions authorized by California Code of Civil Procedure
Section 1094.6.
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 1st day of December , 1998, by the following vote to wit:
AYES:
Councilmembers Daysog, DeWitt, Ken, 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 2nd day of December , 1998.
Diane Felsch, City C
City of Alameda
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