Resolution 15637CITY OF ALAMEDA RESOLUTION NO. 15637
APPROVING PARCEL MAP NO. 11038 (PLN19-0501)-A PARCEL MAP
TO SUBDIVIDE SIX PARCELS COMPRISING APPROXIMATELY 22.86-
ACRES LOCATED AT 2800 FIFTH STREET INTO FOUR PARCELS
WHEREAS, an application was made on October 10, 2019, by Catellus Alameda
Development LLC to subdivide six parcels comprising approximately 22.86-acres into four
different parcels within the Alameda Landing Waterfront Residential project at 2800 Fifth
Street; and
WHEREAS, this application was accepted as complete on January 14, 2020; and
WHEREAS, the subject property is designated as Mixed Use on the General Plan
Diagram; and
WHEREAS, the subject property is located in a M-X, Mixed-Use Zoning District;
and
WHEREAS, on December 5, 2006, the City Council certified by Resolution No.
14047 the Final Supplemental Environmental Impact Report for the Alameda Landing
Mixed Use Development Project ("2006 Supplemental EIR", a Supplement to the 2000
Catellus Mixed Use Development Project EIR) in accordance with the California
Environmental Quality Act (CEQA) (State Clearinghouse #2006012091 ). The City has
prepared several addenda to the 2006 Supplemental EIR in 2007, 2008, 2012 and 2017
(collectively, "Previous CEQA Documents"); and
WHEREAS, on January 2, 2007, the City Council adopted Ordinance 2957 for the
Alameda Landing/Bayport Mixed Use Development Master Plan Amendment; and
WHEREAS, on September 5, 2017, the City Council adopted Ordinance No. 3188
amending the Alameda Landing Master Plan and approved an Addendum to the
Supplemental El R. The Addendum concluded that the environmental effects associated
with the Master Plan Amendment were within the scope of the analysis in the 2006
Supplemental El R and no further environmental review was required; and
WHEREAS, the Planning Board held a public hearing on September 10, 2018 and
approved the Design Review for the 4.5 acre Alameda Landing Waterfront Park; and
WHEREAS, the Planning Board held a public hearing on June 1 0, 2019 and
approved Design Review for the northern extension of Fifth Street connecting Mitchell
Avenue to the entrance of the Waterfront Park; and
WHEREAS, the Planning Board held a public hearing on October 14, 2019 to
approve Resolution PB-19-21 for a Final Development Plan (PLN19-0368), and
Resolution No. PB-19-22 for a Tentative Map to construct 357 residential units and 5,000-
square-feet of commercial space and associated site improvements on 17 .2-acres within
the subject site; and
WHEREAS, the Planning Board held a public hearing on December 9, 2019 to
approve Resolution No. PB-19-27 for Design Review Approval for the 69 residential
buildings within the residential development on 17.2-acres within the subject site; and
WHEREAS, the Planning Board held a public hearing on January 27, 2020, and
adopted Resolution No. PB-20-01, made California Environmental Quality Act (CECA)
findings, and recommended that the City Council approve Parcel Map No. 11 038 to
subdivide six parcels comprising approximately 22.86-acres located at 2800 Fifth Street
into four parcels; and
WHEREAS, in accordance with Government Code section 65402, the Planning
Board has found the location, purpose and extent of the disposition of real property at
2800 Fifth Street to Catellus to be in conformance with the Alameda General Plan; and
WHEREAS, the Parcel Map meets the requirements of the Subdivision Map Act
and the City's subdivision ordinance; and
WHEREAS, a Subdivision Improvement Agreement has been approved as to form
by the City Attorney and faithful performance and labor and material bonds have been
provided to the City for the construction of the required improvements for the Parcel Map;
and
WHEREAS, on March 3, 2020, the City Council reviewed Parcel Map No. 11038
and all pertinent maps, documents, and exhibits; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Alameda finds its approval of Parcel Map No. 11 038 is exempt from CECA pursuant to
CECA Guidelines section 15315, which categorically exempts minor land divisions. As a
separate and independent basis, the potential environmental impacts of the project have
been evaluated and disclosed in the Previous CECA Documents and none of the
circumstances necessitating further CECA review are present. No further environmental
review is required; and
BE IT FURTHER RESOLVED, that the City Council finds that the subject Parcel
Map is consistent with the General Plan, Alameda Municipal Code, and Master Plan
requirements for the property; and
BE IT FURTHER RESOLVED, pursuant to AMC Section 30-78.5, the City Council
has made the following findings relative to the proposed Parcel Map Application PLN 19-
0501:
A. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan, Zoning, Development Plan, and the
Master Plan for this site. The Parcel Map is consistent with the Mixed-Use General
Plan designation and M-X, Mixed-Use zoning regulations for the property. The
proposed Parcel Map would allow the construction of the Alameda Landing Waterfront
Residential Development consistent with the Alameda Landing Master Plan and the
Alameda Landing Mixed-Use Waterfront Development Plan.
B. The site is physically suitable for the type and proposed density of the development.
The proposed subdivision is designed to conform to the Alameda Landing Master Plan
and the Alameda Landing Waterfront Mixed-Use Development Plan standards and
requirements adopted to ensure that the project would be compatible with adjacent
uses. The proposed subdivision is consistent with density standards of the General
Plan, Zoning Ordinance, and the Alameda Landing Master Plan. This map will not
change the previously approved Final Development Plan and Design Review, which
was found to be consistent with development standards for the M-X zoning district and
the Mixed-Use designation of the General Plan.
C. The design of the subdivision and improvements, as conditioned, will not cause
substantial 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 mixed-use development within the M-X zoning district and
the Mixed-Use General Plan designation. The previously approved Final Development
Plan and Design Review had conditions of approval to ensure that no unintended
environmental damage or exposure of future occupants to environmental dangers
could occur. The proposed Parcel Map implements and supports the Alameda
Landing Master Plan, which included conditions of approval to ensure that no
unintended environmental damage could occur. The Master Plan was fully considered
in the Previous CEQA Document.
D. The design of the subdivision and the type of 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.
E. The design of the subdivision and its improvements will not cause serious public
health problems. The previously approved Final Development Plan and Design
Review includes conditions that assure the property is free of hazardous materials and
would not adversely affect public health.
F. The subdivision will not result in the discharge of waste into the sewer system that
would violate regional water quality control regulations. The development will be in
compliance with all regional water quality control regulations.
G. In approving the parcel map, the City Council has considered its effect upon the
housing needs of the region, balanced with the public service needs of Alameda
residents and available fiscal and environmental resources. The parcel map is
consistent with the Master Plan and Development Plan approved for the site that
included CEQA documents that considered the effects to housing needs, public
services, and available fiscal and environmental resources from the development; and
BE IT FURTHER RESOLVED, that the Applicant has executed a Subdivision
Improvement Agreement with the City for the construction and completion all public
improvements on Fifth Street and Mitchell Avenue and those identified on the
Improvement Plans on file with the City Engineer are approved and the City Manager and
City Clerk are authorized and directed to execute and attest to, respectively, said
agreement on behalf of the City of Alameda; and
BE IT FURTHER RESOLVED, that the Security guaranteeing full and faithful
performance of said public improvements, labor, and materials as required by the
Subdivision Map Act and Alameda Municipal Code are hereby approved as sufficient in
amount; and
BE IT FURTHER RESOLVED, that the City Council of the City of Alameda
approves Parcel Map No. 11 038 to subdivide six parcels comprising approximately 22.86-
acres located at 2800 Fifth Street into four different parcels subject to the following
condition.
1. HOLD HARMLESS. The Applicant shall defend (with counsel reasonably acceptable
to the City), indemnify, and hold harmless the City of Alameda, the 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 Planning Board, and their respective agents, officers, or
employees to attack, set aside, void or annul, an approval by the City of Alameda,
the Community Development Department, Alameda City Planning Board, the City of
or 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 1 094.5 may be prosecuted more than ninety (90) days
following the date of this decision plus extensions authorized by California Code of
Civil Procedure Section 1 094.6; and
BE IT FURTHER RESOLVED, that said easements offered for dedication to the
public have been accepted on behalf of the public for use in conformity with the terms
and conditions of the offers of dedication.
* * * * *
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 17th day of March, 2020, by the following vote to wit:
AYES: 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 March, 2020.
APPROVED AS TO FORM:
in Shen, City Attorney
City of Alameda
Lara Weisiger, Cit
City of Alameda