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Resolution 16055 CITY OF ALAMEDA RESOLUTION NO. 16055 APPROVING PARCEL MAP NO. 11349 TO SUBDIVIDE A 4.12- ACRE PROPERTY INTO TWO LOTS AT ALAMEDA POINT SITE A BLOCK 10 (APN: 074-1378-001) WHEREAS, an application was made on January 25, 2023 by Marilyn Hubbard on behalf of Alameda Point Partners LLC for Parcel Map No. 11349 (PLN23 -0012) to subdivide Alameda Point Site A Block 10 (APN: 074 -1378-001-00) into two individual parcels; and WHEREAS, this application was accepted as complete on March 14, 2023; and WHEREAS, the subject property is designated as Mixed Use on the General Plan Diagram; and WHEREAS, the subject property is located in the AP -WTC, Alameda Point Waterfront Town Center Zoning District; and WHEREAS, on July 25, 2022 the Planning Board approved a Development Plan Amendment for Alameda Point Site A which allows 179 residential units, consisting of 90 affordable-rate and 89 market-rate units on Site A Block 10; and WHEREAS, on April 24, 2023, the Planning Board held a duly noticed public hearing and adopted Planning Board Resolution No. PB-23-05 recommending approval of Parcel Map 11349; and WHEREAS, on June 6, 2023, the City Council reviewed Parcel Map No. 11349, Planning application no. PLN23-0012, and all pertinent maps, documents, and exhibits and determined that the Parcel Map is consistent with the General Plan and Alameda Municipal Code (AMC) requirements for the property. NOW, THEREFORE, BE IT RESOLVED, that the City Council finds the subject Parcel Map is exempt from environmental review pursuant to CEQA Guidelines Section 15315, which categorically exempts minor land divisions, and none of the exceptions apply. As a separate and independent basis, the City Council finds that this project is also exempt from CEQA pursuant to CEQA Guidelines section 15183, Projects Consistent with a General Plan for which an EIR was certified; and BE IT FURTHER RESOLVED, that the City Council of the City of Alameda hereby makes the following findings regarding Parcel Map No. 11349: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and Zoning (Gov. Code § 66474). The proposed Parcel Map is consistent with the Mixed Use General Plan designation and Alameda Point Waterfront Town Center zoning regulations for the property. Approval of Parcel Map No. 11349 will allow for the future development of up to 179 residential units, which will be a part of Alameda Point’s 1,482 residential units identified as helping meet the City’s RHNA. 2. The site is physically suitable for the type and density of development (Gov. Code § 66474). The Alameda Point Site A Development Plan was amended to allow up to 179 residential units on two separate parcels on the project site. The project site is fully served by the utilities and transportation facilities completed under Phase 1 of the Alameda Point Master Infrastructure Plan. 3. The design of the subdivision and improvements is not likely to cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat (Gov. Code § 66474). The design of the subdivision and improvements will not cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is located outside of the boundary of areas deemed sensitive to the nearby Wildlife Refuge as described in Biological Opinion # 1 -1-98-F-2. 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 proposed subdivision (Gov. Code § 66474). The proposed subdivision preserves existing easements for Emergency Vehicles and public utilities. As conditioned Parcel Map No. 11349 will grant a Temporary Construction, Buckthorn Access, Drainage, and Relocated Stormwater Improvement easement to Block 11. 5. The design of the subdivision and its improvements is not likely to cause serious public health problems (Gov. Code § 66474). The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The site is served by public sewer and water facilities and the review process of future development proposals will take those concerns into consideration and their design will be required to be in conformance with City standards. 6. The subdivision is design to provide for future passive or natural heating or cooling opportunities (Gov. Code § 66473.1). The design of the subdivision allows for future buildings to be oriented on an east-west alignment allowing for southern exposure for passive heating and cooling. Homes proposed on the project site will comply with the CalGreen building code. 7. The subdivision will not result in the discharge of waste into the sewer system that would violate regional water quality control regulations (Gov. Code § 66474.6). No discharge violation currently exists and sewer capacity is available for this subdivision. The project would not discharge any waste other than domestic sewage and all sewage would be discharged into the city’s sanitary sewer system for ultimate treatment. Urban stormwater runoff is required to meet the City’s RWQCB permit requirements for urban development. 8. In approving Parcel Map No. 11349, 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 (Gov. Code § 66412.3); and BE IT FURTHER RESOLVED, that the City Council hereby approves Parcel Map No. 11349 to subdivide a 4.12-acre property into two lots, subject to the following conditions: Planning and Design Conditions General 1. All maps filed pursuant to this approval shall be in substantial compliance with the map titled, “Parcel Map No. 11349” prepared by BKF dated March 2023, and on file in the office of the Alameda Planning, Building and Transportation Department. 2. Plans shall be prepared, signed, and stamped as approved by a registered civil engineer licensed in the State of California. 3. The proposed work shall comply with Chapter 30, Article 6 of the Alameda Municipal Code (Real Estate Subdivision Regulations) and Chapter 22 of the Alameda Municipal Code (Streets and Sidewalks) as determined by the City Engineer. 4. The proposed work shall comply with Alameda’s Standard Plans and Specifications and Standard Subdivision Specifications and Design. 5. The fee for plan checking and inspection shall be calculated in accordance with the latest Schedule of Fees & Charges as approved by the City Council. Maps and Easements 6. Prior to the recordation of Parcel Map No. 11349, the Parcel Map shall be amended to reflect the easements granted by Block 10 to Block 11 as described in the Easement Agreement (“Agreement”) made and executed between Alameda Point Partners, LLC and UDR AP Block 11 Owner, LLC, on file at the Planning, Building, and Transportation Depart ment. Specifically the following easements shall be shown on the Parcel Map: a. “Temporary Construction Easement” wherein Block 10 Owner grants and convey to Block 11 Owner and its successors and assigns for use by Block 11 owner and its successors and assigns, contractors, agents, customers and invitees, a temporary, non -exclusive and appurtenant easement on, over, in under and across that certain portion of the Block 10 Parcel, as depicted on Exhibit C-1 and more particularly described on Exhibit C-2 of the “Agreement”, for pedestrian and vehicular access, ingress and egress purposes and for construction activities. b. “Buckthorn Access Easement” wherein Block 10 Owner grants and conveys to Block 11 owner and its successors and assigns, for use by Block 11 owner and its successors and assigns, contractors, agents, tenants, customers and invitees, a non-exclusive and appurtenant easement over Buckthorn Street and adjacent property as depicted on Exhibit D-1 and more particularly described on Exhibit D-2 of the “Agreement”, for pedestrian and vehicular access, ingress and egress purposes. c. “Drainage Easement” wherein Block 10 Owner hereby grants and conveys to Block 11 owner and its successors and assigns, for use by Block 11 owner and its successors and assigns, contractors, agents, tenants, customers and invitees, a non-exclusive and appurtenant easement to permit the surface flow of stormwater from a portion of the Block 11 Parcel over the Buckthorn Access Easement Area to the Initial Stormwater Improvement Area as depicted on Exhibit E-1 and more particularly described on Exhibit E-2 and, when constructed and relocated, the Relocated Stormwater Improvement Area described on Exhibit F-1 and more particularly described on Exhibit F-2 of the “Agreement.” 7. The applicant is encouraged to contact the Public Works Department at 510- 747-7930 to schedule a pre-application meeting prior to the first submittal of any subdivision maps to discuss submittal requirements, project review timeline, and fees associated with the processing, filing, and construction of this development. 8. A current title report shall be submitted to identify current ownership and any existing easements or land use restrictions. 9. The Applicant shall pay all fees prior to approval of the parcel map. 10. The Parcel Map shall show all existing and proposed easement locations, uses and recording information. The Owner’s Statement shall list all public right -of- way and easements to be dedicated and the Certificate of City Clerk shall list all public easements and right-of-way to be abandoned with recording information as part of the parcel map. 11. 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, easements, and in obtaining the map signature of the City’s consulting surveyor. 12. The subdivider shall provide a Mylar and a digital copy acceptable to the City Engineer. 13. Hold Harmless. To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.