Resolution 13772CITY OF ALAMEDA RESOLUTION NO. 13 7 7 2
APPROVING TENTATIVE PARCEL MAP NO. 8474
FOR A FOUR LOT SUBDIVISION AT 2430 -2490 MARINER SQUARE LOOP
WHEREAS, an application was made on April 6, 2004, by Kier and Wright Associates for
Limar Realty requesting a Tentative Parcel Map No. 8474, to subdivide Parcel Map No. 8474
consisting of two parcels of 3.7 and 4.6 acres into four parcels of 1.94, 1.7, 2.15 and 2.4 acres
respectively, each developed with office /research and development buildings, associated parking
and landscaped areas from a single ownership to 4 fee simple ownerships; and
WHEREAS, the Tentative Parcel Map was deemed Incomplete with comments dated May
4, 2004, and was accepted as Complete on August 10, 2004; and
WHEREAS, the subject property is designated as Business Park on the General Plan
Diagram; and
WHEREAS, the subject property is located in a M -2/PD, General Industry- Manufacturing,
Planned Development Combining Zoning District; and
WHEREAS, the Planning Board held a public hearing on this application on September 13,
2004, and recommended approval of the Tentative Parcel Map 8474 to the City Council; and
WHEREAS, the City Council held a public hearing on October 19, 2004, to consider the
Tentative Parcel Map and examined pertinent maps, drawings and documents; and
WHEREAS, the City Council makes the following findings regarding the proposed
Tentative Parcel Map:
1. The proposal is consistent with the applicable General Plans and Specific Plans
because the proposal does not propose a change in the existing consistent
office /research and development use.
2. The design or improvement of the proposed subdivision is consistent with the
applicable General Plans or Specific Plans because the project will permit a
conversion from two single ownerships to divided ownership for four parcels and
does not include any improvements to the site or the existing buildings.
3. The site is physically suitable for the type of development. A change to
ownership pattern will have no effect on the existing site development.
4. The site is physically suitable for the density of the development. A change to
ownership pattern will have no effect on the existing density of the site.
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. No improvements are proposed for the site and there is no
significant wildlife 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. All existing easements are required to be retained and additional
necessary access and other easements are being provided.
7. The design of the subdivision or the type of improvements is not likely to cause
serious public health problems. The change to ownership pattern will not affect
public health.
8. Conformity with the Planned Development is achieved. Approval of this
Tentative Map shall be subject to the applicant securing approval of easements,
which addresses parking and landscaping. The Planning Board fmds that no
Planned Development. Amendment is needed for the division of parking between
new parcels, because the Planned Development has reduced parking` required and
the division is generally equitable and even, and there is shared parking by
easements.
NOW, THEREFORE BE IT RESOLVED, that the Planning Board and City Council of the
City of Alameda fmds that the project is Categorically Exempt from review under the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Minor Land
Divisions).
BE IT FURTHER RESOLVED that the Planning Board hereby recommends that the City
Council approve Tentative Parcel Map No. 8474, subject to the following conditions:
APPROVED PLANS
The Final Map shall be in substantial compliance with the plans prepared by Kier and
Wright Engineers dated March 2004, titled "Parcel Map 04- 001/8474" showing parcels,
consisting of two sheets, marked Exhibit "A" and on file in the office of the City of
Alameda, Planning and Building Department.
VESTING
2. The Tentative Parcel Map shall expire two (2) years from the date of approval unless vested
by the recordation of the Final Parcel Map. Alternatively, the applicant may seek an
extension by the City Council prior to the end of the two (2) year period.
PARKING BALANCE
3. The Planning and Building Director and City Engineer may require modification of property
line boundaries between tentative and final parcel map to assure that the balance of parking,
as reduced by the Planned Development, for Parcels C and D, is within the proportions
provided by the Planned Development; otherwise a Planned Development Amendment will
be filed for this purpose and approved prior to Final Map.
HOLD HARMLESS
4. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires
as a condition of this Parcel Map approval that the applicant, 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 subject
property, which action is brought within the time period provided for in Government Code
Section 66499.37. The City of Alameda shall promptly notify the developer of any claim,
action or proceeding and the City shall cooperate fully in the defense. If the City fails to
promptly notify the developer of any claim, action, or proceeding, or if the City fails to
cooperate fully in the defense, the developer shall not hereafter be responsible to defend,
indemnify, or hold harmless the City.
ACKNOWLEDGEMENT OF CONDITIONS
5. The applicant shall acknowledge, in writing, all conditions of approval and accept this
permit subject to conditions, with full awareness of applicable provisions of the Alameda
Municipal Code for this Tentative Parcel Map to be exercised.
DECLARATION OF EASEMENTS
6. A Declaration of Easements (or similar instrument) shall be recorded concurrently with the
Parcel Map which establishes joint maintenance responsibilities, common area easements
for ingress, egress, parking, utilities including storm drains and sanitary sewer pipes, surface
drainage, sidewalks, common area landscaping and lighting. The Declaration of Easements
shall be incorporated in any deed or other instrument of conveyance. The amended
Declaration of Easements shall be reviewed and approved by the City Engineer, Planning
and Building Director and the City Attorney. The declaration of easements for parking shall
include a schedule in tabular form indicating the required number of parking spaces per
parcel based on the Planned Development requirements.
OTHER CONDITIONS
7. The subdivider shall pay for all reasonable office and engineering costs expended by the
Public Works Department, including overhead, in conjunction with reviewing the Parcel
Map and in obtaining the map signature of the City's consulting surveyor.
8. The subdivider shall provide to the, Public Works Department a cashier's check in the
amount of $200.00 to guarantee a mylar copy of the recorded final Parcel Map in a form
approved by the City Engineer.
9. Storm drain and sanitary sewer pipes, manholes and catch basins are private, not public.
Cleaning and maintenance will be the responsibility of the property owners as per
Declaration of Easements. hilet filter inserts or other comparable retention method, to the
approval of the City Engineer, shall be provided at all existing grate catch basin inlets for
any replacement drainage. The property owner shall enter into a storm water treatment
measures maintenance agreement with the City of Alameda assuring both the responsibility
for the operation and maintenance, and the agreement shall be recorded. Applicant shall
comply with California Regional Water Quality Control Board Order R-2-2003-0021,
NPDES Permit No. CAS0298313, Section C3e.
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.
NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Goverrmient 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 exactions. The applicant is hereby further notified that the ninety (90) day appeal period in
which the applicant may protest these fees and other exactions, pursuant to Government Code
Section 66020 (a) has begun. If the applicant fails to file a protest within this ninety (90) day period
complying with all requirements. of Section 66020, the applicant will be legally barred from later
challenging such fees or exactions.
* * * * * *
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 of the City Council
on the 19th day of October, 2004, by the following vote to wit:
AYES: Councilmembers Daysog, Gilmore, 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
20th day of October, 2004.
/ ,
(A-1-(/r
Lara Weisiger, City Clerk
City of Alameda