Resolution 13577CITY OF ALAMEDA RESOLUTION NO. 13577
APPROVING TENTATIVE PARCEL MAP, TM -7966,
FOR A THREE LOT SUBDIVISION AT 3203, 3205 AND 3207 FERNSIDE BOULEVARD
WHEREAS, an application was made on July 2, 2002, by George and Mary Carder
requesting approval of Tentative Map, TM -7966, to subdivide an approximately 13,800 square feet
parcel into three lots of approximately 4,125 square feet, 4,290 square feet and 5,451 square feet; and
WHEREAS, the application was found Incomplete for processing on August 1, 2002; and
WHEREAS, upon expiration of a Planned Development on August 27, 2002, an application
for a new Planned Development was also filed; and
WHEREAS, the application was accepted as complete on February 1, 2003; and
WHEREAS, the subject property is designated Medium Density Residential on the General
Plan Diagram; and
WHEREAS, the subject property is located in a R -2/PD, Two Family Residence, Planned
Development Combining District; and
WHEREAS, the Planning Board held a public hearing on February 24, 2003, to consider the
Planned Development PD01 -03, reinstating the previously approved Planned Development which
expired in August 2002, and recommending approval of Tentative Parcel Map 7966 to the City
Council; and
WHEREAS, the City Council held a public hearing on April 15, 2003 to consider the Parcel
Map 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 Plan which specifies residential
uses for this site; the planned land use is residential.
2. The site is physically suitable for the type of development proposed. The site has been
graded to accommodate the proposal and, as conditioned below, existing drainage issues will
be resolved.
3. The site is physically suitable for the proposed density of development. The density is
consistent with the minimum density of one unit per 2,000 square feet of parcel area.
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. The site is located within an urbanized area; no known wildlife habitat or
endangered species exist on the site.
5. The design of the subdivision or the type of improvements will not cause serious public
health problems. The proposal is for retention and more optimal use of existing residential
uses at the site.
WHEREAS, the Planning Board and City Council of the City of Alameda determined that the
proposal is exempt from CEQA, Guidelines, Section 15315, minor land divisions.
NOW THEREFORE BE IT RESOLVED that the City Council hereby approves Tentative
Map, TM -7966, for 3202, 3205 and 3207 Fernside Boulevard with the following conditions:
cel Map In Fulfillment of Planned Development
L All regulations of the Alameda Municipal Code shall apply to PD01 -03 except where the
express provisions have otherwise been made in the Planned Development approval. The
Planned Development and Parcel Map division shall be constructed in substantial compliance
with the plans dated June 20, 2001 (site plan) and December 10, 1984 (building plans), titled
"3203 -3207 Femside, Mr. And Mrs. George Carder," prepared by Design Planning
Associates, Mill Valley CA et al., stamped July 9, 2001 in 4 sheets marked Exhibit "A," on
file in the office of the City of Alameda Planning Department except as modified by
conditions of this Resolution.
2. The minimum parcel size under PD01 -03 shall be not less than 4,199 square feet for 3203
Femside, 4,141 square feet for 3205 Fernside and 5,723 square feet for 3207 Fernside, except
that adjustments of approximately 2% between parcels may be allowed by the Public Works
Director in the final Parcel Map.
3. A minimum of 6 covered and 4 open parking spaces shall be provided on -site if a sixth unit is
developed, and the existing north unit has two bedrooms, in which case one of the two
existing downhill spaces would be maintained in the northerly parcel; or both spaces would
be maintained if either of the north parcel units have three bedrooms; as long as only 5
dwellings remain on- site, the existing 9 parking spaces have been found to be. sufficient.
Garages and guest parking spaces shall be available and used for parking only and shall not be
converted to other uses. Parking shall not be permitted on any driveway within the
development. Garage doors shall be equipped with garage door openers and shall not open
over property lines. The Covenants, Conditions and Restrictions (CC & R's) established for
this project shall incorporate these restrictions.
2
4. Private driveways shall be a width as shown on "Exhibit A," subject to review and approval
by the Planning and Building Director and the Public Works Director. A minimum vertical
clearance width of 14 feet for street trees shall be maintained for access by Fire Department
vehicles, delivery trucks and moving vans.
5 . As part of the submission for the Final Parcel Map, the applicant shall submit for review a
copy of the proposed CC & R's or other mutual covenant agreement which provide for
maintenance of all common facilities, such as the private driveway and utilities, not accepted
for maintenance by a public agency, and includes any easement to homeowners for
maintenance of landscaping along the private driveway, open space and perimeter fencing and
walls to the satisfaction of the Planning and Building Director in consultation with the City
Engineer and City Attorney.
6. An instrument shall be recorded concurrently with the Parcel Map of each property deed
detailing the Parcel Map Owners' Statement easements, by metes and bounds description,
including a mutual covenant which establishes joint maintenance responsibilities. The
instrument shall cover the maintenance, repair and replacement of shared facilities: curb,
gutter, driveway, sidewalk and planter strip within the City right-of-way and access drives,
sanitary sewer main, landscaping, irrigation, fire standpipes and lines,' fences, waste
collection area, and maintaining surface drainage, inlets and storm drainage lines within the
parcels.
7. The subdivider shall post a refundable cashier's check in the amount of $200 to guarantee
that a mylar copy of the recorded Parcel Map is provided in the form approved by the City
Engineer.
8. The existing concrete driveway within the City right -of -way shall be reconstructed to the
satisfaction of the City Engineer. The applicant shall obtain all applicable permits for the
required improvements and pay all permit fees as assessed at the time of permit application
based upon the Central Permit Office's rate schedule for work applicable to these conditions
of approval.
9. The subdivider shall pay for all reasonable office and engineering costs expended by the
City Engineer's office including overhead in conjunction with reviewing the Parcel Map and
in obtaining the map signature of the City's consultant surveyor.
10. The Tentative Parcel Map shall expire two (2) years from the date of approval unless vested
by the recordation of the Final Map or the subdivider applies for an extension at least 30
days prior to expiration, and is granted an extension by the City Council prior to the end of
the two (2) year period.
3
General Requirements
11. The parcel map shall be in substantial compliance with the tentative parcel map plans
prepared by Robert Day Land Surveying, dated November 2002, titled "Tentative Parcel
Map 7266," consisting of four sheets, marked Exhibit "A" and on file in the City of
Alameda Planning Department, except as modified by the following conditions:
12. The final parcel map shall conform to the requirements of the Subdivision Map Act, Alameda
Municipal Code Real Estate Subdivision Regulations, Planning Board and City Council
Resolutions applicable to the Parcel Map, and shall be acceptable to the City Engineer and
Planning and Building Director.
13. 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 the applicants or their
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 3205/3207/3209 Fernside Avenue subdivision, which action is brought in
the time provided 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.
14. The applicant shall acknowledge in writing all of the conditions of approval and must
accept this approval subject to those conditions.
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 or final action on any appeals plus extensions authorized by California Code of Civil
Procedure Section 1094.6.
NOTICE. The Conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Govermnent Code Section 66020(d)(1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and other exactions. You are hereby further notified that the 90 day appeal period in which you may
protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun. If
you fail to file a protest within this 90 day period complying with all the requirements of Section
66020, you will be legally barred from later challenging such fees or exactions.
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 a regular meeting assembled on the 15th
day of April, 2003, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Matarrese, and Mayor
Johnson - 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
16th day of April, 2003.
Lara Weisiger, City C'ierk
City of Alameda