Resolution 13936CITY OF ALAMEDA RESOLUTION NO. 13936
APPROVING PARCEL MAP PiVI06-0001 TO ALLOW THE DIVISION OF
A 14,602 SQUARE FOOT PARCEL INTO TWO LOTS AT 1810/1812
CLINTON AVENUE. THE PROPERTY IS LOCATED WITHIN AN R-4
(NEIGHBORHOOD RESIDENTIAL) ZONING DISTRICT.
WHEREAS, an application was made on March 28, 2005 by Janice
Graham requesting a Parcel Map, PM06-0001 to allow the division of a 14,602
square foot parcel at 1810/1812 Clinton Avenue into two lots; and
WHEREAS, all applications were deemed complete on January 31,
2006; and
WHEREAS, the subject property is designated as Medium Density
Residential on the General Plan Diagram; and
WHEREAS, the subject property is located in a R-4, Neighborhood
Residential Zoning District; and
WHEREAS, the Planning Board held a public hearing on this application
on February 13, 2006, and examined pertinent maps, drawings, and documents;
and
WHEREAS, the Planning Board unanimously approved a resolution
recommending City Council approval of the proposed tentative Parcel Map; and
WHEREAS, the City Council held a public hearing on this application on
March 21, 2006, and examined pertinent maps, drawings, and documents; and
WHEREAS, the City Council makes the following findings:
WHEREAS, the Planning Board has made the following findings with
regard to the proposed Parcel Map:
1. The proposal is consistent with the General Plan. This finding can be
made. The design and configuration of the proposed parcels is
physically suitable for the site and compatible with the lot sizes of
surrounding properties. Furthermore, the newly created parcels comply
with the density requirements in the General Plan.
2. The proposed subdivision is not likely to create substantial adverse
effects resulting in environmental damage or cause injury to fish or
wildlife habitats. This finding can be made. The site is located within
an urban area that is not environmentally sensitive. ' Furthermore, the
proposal does not result in major construction activities except for the
creation of designated parking spaces for six vehicles and the renovation
of an existing house.
3. The design of the subdivision will not conflict with public
easements. This finding can be made. No improvements are proposed
in the public right of way or in public easements.
4. The design of the subdivision will not likely cause serious public
health problems. This finding can be made. The property is already
developed and the proposal will create parcels similar to other properties
in the vicinity.
THEREFORE BE IT RESOLVED that the Planning Board of the City of
Alameda determines that the ' project is Categorically Exempt from CEQA,
fluidelines, Section 15305 — Minor Alterations to Land Use Limitations and
Section 15315 - Minor Land Division; and
BE IT FURTHER RESOLVED that the City Council hereby approves
Parcel Map PM06 -0001, subject to the following conditions:
1. Approved Plan. The project Parcel Map shall be in substantial
compliance with the plans prepared by Andreas Deak, dated August,
2005, consisting of five (1) sheet, titled Parcel Map No. 8611, marked
Exhibit A and on file in the office of the City of Alameda Planning and
Building Department, subject to the following conditions:
2. Vesting The subdivider shall record the Parcel Map within twelve (12)
months of approval or conditional approval of the Parcel Map by the City
Council, subject to compliance with all of the conditions of this approval.
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 Parcel Map. Only one (1) extension may be
granted.
3. Public Works. The Parcel Map shall` be completed to the satisfaction of
the Public Works Director and the Director of Planning and Building.
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, preparation of staff reports
and in obtaining the map signature of the City's consulting surveyor.
The subdivider shall post a refundable cashier's check in the amount of
$400 to guarantee that a mylar copy of the recorded Parcel Map is
provided in the form approved by the City Engineer.
5. The site shall be brought into compliance to the conditions of this project
prior to final approval of the Parcel Map. Compliance shall include the
installation of all on -site parking, landscaping, separation of utilities, and
the conversion of 1810 Clinton Avenue to a single- family residence
under valid City permits, subject to the satisfaction of the Director of
Public Works and the Planning and Building Director.
9.
The subdivider shall prepare a reciprocal access easement, with an
agreement that both parcels share responsibility for the maintenance
and repair of the driveway and shared parking facility to the satisfaction
of the City Attorney and the Planning and Building Director. This
agreement shall be included on the Certificate Page of the Parcel Map.
The final Parcel Map shall define the location of all utility and access
easements, subject to approval of the Director of Public Works and the
Planning and Building Director. Any existing utility laterals (e.g., gas,
water and sewer) that serve the rear building (Le., Parcel A, 1812
Clinton) that are underneath the front building (Le., Parcel B, 1810
Clinton) shall be relocated clear of the front building prior to approval of
the Parcel Map by the City Council
Utilities. An exception is granted to the requirement that all overhead
electrical lines within the proposed subdivision shall be placed
underground pursuant to Section 30 -84.7 of the City Subdivision
Ordinance.
Codes Compliance All improvements shall conform to
Municipal Code.
he Alameda
10. The applicant, shall comply, with all Federal,
State, regional, and local laws and shall file with relevant Federal, State,
regional, and local agencies for required permits. The applicant shall
comply with all conditions of such permits. All required Federal, State,
regional, and local permits shall be obtained prior to occupancy.
11. Hold Harmless. The City of Alameda requires as a condition of this
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. The City of
Alameda shall promptly notify the applicant of any claim, action or
proceeding and the City shall cooperate in the defense. If the City fails to
notify the applicant of any claim, action, or proceeding, or the City fails to
cooperate in the defense, the applicant shall not hereafter be
responsible to defend, indemnify, or hold harmless the City.
12. Acknowledgement of Conditions 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
provisions of Chapter 30 of the Alameda Municipal Code in order for this
approval to be exercised.
OTHER CONDITIONS
Conditions Applicable Prior to Approval of the Parcel Map by the Director of
Public Works and the Planning and Building Director
13. The subdivider shall provide one mylar copy of the recorded Parcel Map.
14. A Maintenance Agreement for the maintenance of the common access
and parking areas shall be prepared to the satisfaction of the City
Attorney. The City Attorney review will include, but not be limited to, a
review of provisions designed to ensure that all future common areas
and parking areas would be well maintained and that shared access will
be maintained.
The decision of the City Council shall be final.
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 Government 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 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 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 the regular meeting of the City
Council on the 21s` day of March, 2006, by the following vote to wit:
AYES: Councilmembers deHaan, Gil more, `Matarrese
and Mayor Johnson - 4.
NOES: None.
ABSENT: Council member 'Daysog -
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 22nd day of March, 2006.
Lara Weisiger, City Cle
City of Alameda