Resolution 15587CITY OF ALAMEDA RESOLUTION NO. 15587
APPROVING PARCEL MAP NO. 10960 - A PARCEL MAP FOR THE
PROPOSED SUBDIVISION OF THREE PARCELS LOCATED AT 1310
HARBOR BAY PARKWAY, 1410 HARBOR BAY PARKWAY, AND 1430
HARBOR BAY PARKWAY INTO SIX PARCELS FOR CONDOMINIUM
PURPOSES
WHEREAS, on February 5, 2019, Joe Ernst on behalf of srmErnst Development
Partners submitted an application for a parcel map to subdivide three parcels located at 1310
Harbor Bay Parkway, 1410 Harbor Bay Parkway, and 1430 Harbor Bay Parkway in the
Harbor Bay Business Park; and
WHEREAS, the subject property is designated as Business Park on the General Plan
Diagram; and
WHEREAS, the subject property is located in the C-M-PD (Commercial Manufacturing
Zoning District with a Planned Development overlay) zoning district; and
WHEREAS, the Planned Development for Harbor Bay Business Park was approved
by PD-81-2, and subsequently amended by PDA-85-4, PDA-87-7, and PDA05-0003; and
WHEREAS, on June 24, 2019, the Planning Board conducted a public hearing and
adopted Resolution No. PB-19-13, made California Environmental Quality Act (CEQA)
findings, and recommended that the City Council approve Parcel Map No. 1 0960 to allow the
subdivision of three parcels located at 1310 Harbor Bay Parkway, 1410 Harbor Bay Parkway,
and 1430 Harbor Bay Parkway into two commercial condominium units on each parcel; and
WHEREAS, on September 17, 2019, the City Council reviewed Parcel Map No.1 0960
and all pertinent maps, documents, and exhibits and determined that the Parcel Map is
consistent with the General Plan and Alameda Municipal Code requirements for the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council, based on its own
independent review, consideration, and exercise of its independent judgment, determined,
on the basis of substantial evidence in the entire record before the City, that none of the
circumstances necessitating further CEQA review are present, and makes the following
findings regarding the Project's compliance with CEQA:
The City previously prepared and certified/adopted the Final Environmental Impact
Report for Harbor Bay Isle, State Clearinghouse No. 1984112706 (EIR), and the
Addendum thereto (together, Previous CEQA Documents), in accordance with CEQA,
which contemplated development of the entirety of the Harbor Bay Business Park. A
review of environmental factors for the Project, including, but not limited to, traffic,
airport land use compatibility, noise, and biological conditions revealed that none of
the circumstances necessitating further CEQA review are present, thus the City can
rely on the Previous CEQA Documents; and
Furthermore, it can be seen with certainty that there is no possibility that approval of
this parcel map would have a significant impact on the environment; and
BE IT FURTHER RESOLVED, that the City Council makes the following findings
pertaining to Parcel Map No. 1 0960:
1. The subdivision, together with the provisions for its design and improvement,
is consistent with the General Plan and Zoning for this site. The Parcel Map is
consistent with the Business Park General Plan designation, which encourages office
and light industrial uses, and the C-M-PD zoning regulations for the property. The
commercial uses are compatible with the objectives, policies, general land uses, and
programs specified in the Business Park General Plan designation. The project,
including the proposed subdivision, is consistent with General Plan Guiding Policy
2.8.a by supporting development of Harbor Bay Business Park consistent with the
existing approvals.
2. The site is physically suitable for the type and proposed density of the
development. The proposed subdivision is consistent with the General Plan and
Zoning designation for the site. This map is designed to conform to the previously
approved Final Development Plan, which was found to be consistent with
development standards for the C-M-PD zoning district and the Business Park
designation of the General Plan. The new parcels are physically suitable for the
proposed commercial development because they are located within a business park
site that is already planned for future development. The physical characteristics of the
project site are suitable for the intended commercial buildings because the buildings
will complement nearby uses in the business park.-
The proposed subdivision is consistent with density standards of the General Plan
and Zoning Ordinance. The subdivision will create commercial condominium units
within the previously approved office development project for which the Final
Development Plan and Design Review for the project were found to be consistent with
development standards for the C-M PD zoning district and the Business Park
designation of the General Plan. The project complies with the setbacks and
maximum lot coverage for the C-M Zoning District, and the projects floor area ratio
(FAR), which is 0.51, is consistent with the allowable FAR range found in the Harbor
Bay Business Park Planned Development, which is between 0.5 to 1.0. All three
buildings have an overall building height of thirty-four feet (34'), which is consistent
with the C-M-PD's maximum allowed building height of one hundred feet (1 00').
3. The design of the subdivision and proposed improvements, as conditioned, will
not cause environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. The development of the site will not introduce hazards that
are inconsistent with standard commercial development within the C-M-PD zoning
district and the Business Park General Plan designation. The Parcel Map implements
and supports the previously approved Final Development Plan and Design Review,
which included conditions of approval to ensure that no unintended environmental
damage or exposure of future occupants to environmental dangers could occur.
There are no identified wildlife or their habitat, because of the design and location of
the development is in an urban business park.
4. The design of the subdivision and its improvements will not conflict with
easements acquired by the public at large for access through or use of property
within the subdivision. All required easements are to be retained.
5. The design of the subdivision and its improvements will not cause serious
public health problems. The parcel map merely facilitates the separate sale of
tenant spaces within a building and will not cause any serious public health problems.
Furthermore, the Final Development Plan and Design Review includes conditions that
assure the property is free of hazardous materials and would not adversely affect
public health.
6. The subdivision will not result in the discharge of waste into the sewer system
that would violate regional water quality control regulations. The creation of
commercial condominiums in each building will not alter the design and function of the
sanitary sewer system and therefore the project will remain compliant with regional
water quality control regulations.
7. The subdivision complies with the Subdivision Map Act, and the City Engineer
has reviewed Parcel Map No. 1 0960 and verified that it conforms to all technical
requirements under the Subdivision Map Act and Alameda Municipal Code.
BE IT FURTHER RESOLVED, that the City Council of the City of Alameda approves
Parcel Map No. 10960 for the subdivision of three parcels located at 1310 Harbor Bay
Parkway, 1410 Harbor Bay Parkway, and 1430 Harbor Bay Parkway into two commercial
condominium units on each parcel, subject to the following conditions:
1. Covenants, Conditions and Restrictions (CC&Rs) shall be prepared to the
satisfaction of the City of Alameda. Copies of the recorded CC&Rs and
condominium plan shall be provided to the City Engineer. Should the CC&Rs
include designation of parking spaces between different property owners, the
CC&Rs shall not designate parking at a rate more than two and a half (2.5)
parking spaces per one thousand (1 ,000) square feet of floor area to any
individual property owner.
HOLD HARMLESS. The applicant shall defend (with counsel acceptable to the City),
indemnify, and hold harmless the City of Alameda, the Alameda City Council, Alameda City
Planning Board and their respective agents, officers, and employees from any claim, action,
or proceeding (including legal costs and attorney's fees) against the City of Alameda,
Alameda City Council, Alameda City Planning Board, and their respective agents, officers,
or employees to attack, set aside, void or annul, an approval by the City of Alameda, the
Planning, Building and Transportation Department, Alameda City Planning Board, the City of
Alameda or the Alameda City Council related to this project. The City shall promptly notify
the Applicant of any claim, action, or proceeding and the City shall cooperate in such defense.
The City may elect, in its sole discretion, to participate in the defense of said claim, action,
or proceeding. 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.
*****
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 1 ']th day of September, 2019, by the following vote to wit:
A YES: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor
Ezzy Ashcraft-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 18th day of September, 2019.
APPROVED AS TO FORM: