Resolution 13257CITY OF ALAMEDA RESOLUTION NO. 13 2 5 7
APPROVING PARCEL MAP 7470 at 1700 HARBOR BAY PARKWAY FOR
RUGGERI, JENSEN, AZAR AND ASSOCIATES FOR LENNAR PARTNERS
WHEREAS, an application was made on August 31, 1999 by Ruggeri, Jensen, Azar &
Associates on behalf of Lennar Partners requesting Parcel Map, PM -7470, to permit the subdivision
of a 10.28 + acre parcel into three parcels: Parcel 1 containing 2.88 + acres; Parcel 2 containing
3.64 + acres; and Parcel 3 containing 3.76 + acres; and
WHEREAS, the application was accepted as complete on December 20, 1999; and
WHEREAS, the subject property is designated Business Park on the General Plan Diagram;
and
WHEREAS, the subject property is located in a CM -PD, Commercial Manufacturing,
Planned Development Combining District; and
WHEREAS, the Planning Board held a public hearing on February 14, 2000, to consider the
Parcel Map and recommended approval of Parcel Map 7442 to the City Council; and
WHEREAS, the City Council held a public hearing on August 1, 2000 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 applicable General Plans which specifies
business park uses for this site.
2. The site is physically suitable for the proposed project because the site is
generally flat and each lot is appropriately sized and shaped and has adequate
frontage on public roads to support the office development.
3. The site is physically suitable for the proposed density of the development
because the proposal is consistent with the approved Planned Development for the
Business Park.
4. 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 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. Additionally, the
Mitigation Monitoring Program (Exhibit `B" of City Council Resolution 12490)
adopted as part of the approval of the Initial Study, IS -93 -4) prepared by ENTRIX
in 1993 addresses drainage into the Port of Oakland Airport Lagoon. This project is
subject to these mitigations. 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 IT 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; is subject to the Mitigation Monitoring Program of City
Council Resolution 12490 regarding drainage into the Port of Oakland Airport
Lagoon; and an EIR fro assessment of impacts associated with the future proposed
change of the Oakland Airport operations was completed in July 1999.
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 Parcel Map 7470, 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 2000, titled 'Parcel Map No. 7470 ",
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 LNR Harbor Bay, LLC, 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 1600/1610 South Loop Road/1700 Harbor Bay
Parkway 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.
The subdivider shall be required to dedicate all utility easements as requested by each
of the various utility companies and by the City Engineer's office
4. An instrument shall be recorded which grants reciprocal easements for access
between Parcels 1, 2, and 3 as shown on Parcel Map 7470. Additionally, a mutual
covenant which establishes joint and several liability for the maintenance of the
driveways shall be recorded. The instrument shall 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).
OTHER CONDITIONS
5. The subdivider shall post a cash deposit of $200.00 to guarantee that a Mylar copy
of the recorded Parcel Map are provided to the City Engineer.
6. Prior to the issuance of any building permit for the site, the applicant shall secure
FAA clearance for the proposed buildings.
7. Prior to the issuance of any building permit for the site, the applicant shall
demonstrate compliance with applicable conditions in the 1993 Entirx Initial Study,
IS -93 -4, on storm water outfall to the satisfaction of the Public Works Director and
Planning Director.
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.
ACKNOWLEDGMENT OF CONDITIONS
9. The applicant shall acknowledge in writing all of the conditions of approval and must
accept this permit subject to those conditions and with full awareness of the
applicable of Chapter 30 of the Alameda Municipal Code in order for this Parcel Map
to be recorded.
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 1st day of August , 2000, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed he official seal of said City
this 2nd day of August , 2000.
ne Felsch, City Clerk
City of Alameda