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Resolution 14497CITY OF ALAMEDA RESOLUTION NO. X49 APPROVING TENTATIVE PARCEL MAP NO. 9876 PLANNING APPLICATION NO. PLNO9 -0185 — A PARCEL MAP FOR THE PROPOSED SUBDIVISION OF THE SITE AT 2318 PACIFIC AVENUE INTO TWO PARCELS WHEREAS, an application was submitted on May 19, 2009, by Italo Calpestri, requesting approval of a parcel map to subdivide a 10,853 square foot parcel into two parcels of 5,853 and 5,000 square feet respectively; and WHEREAS, a minor design review application for 4 on -site parking spaces to accommodate the existing duplex on the proposed front lot was approved on July 30, 2009; and WHEREAS, the parcel map application was accepted as complete on February 3, 2010; and WHEREAS, the project site is located within a C -M, Commercial Manufacturing District; and WHEREAS, the project site is designated Medium Density Residential on the General Plan Diagram; and WHEREAS, the Planning Board held a public hearing on this application on March 8, 2010 and considered or examined all pertinent maps, drawings, documents and testimony and recommended approval of the Tentative Parcel Map to the City Council; and WHEREAS, the City Council finds that the proposed parcel map is consistent with the General Plan in that each of the newly created parcels is of sufficient size and width to accommodate future development in a manner consistent with the uses and site development standards of the underlying general plan and zoning designations. NOW, THEREFORE, BE IT RESOLVED that, the project is Categorically Exempt from additional environmental review pursuant to California Environmental Quality Act Guidelines Section 1 5315 Minor Land Divisions. BE IT FURTHER RESOLVED that the City Council approves Tentative Parcel Map No. 9876 (PLNO9-01 85), for the subdivision of the site at 2318 Pacific Avenue into to two lots subject to compliance with the following conditions: (1) This approval shall expire and become void if a Final Parcel Map is notified with Alameda County within 24 months after approval by City Council, or by October 5, 2012. (2) The Final Parcel Map shall include the sheet defined as the Tentative Parcel Map No. 9876, prepared by Andreas Deak, submitted on June 17, 2010, and on file in the office of the City of Alameda Community Development Department, except as modified by the conditions listed below. (3) The electrical utilities to Parcel 1 will be placed underground. (4) The Final Parcel Map shall be prepared to the satisfaction of the City Engineer and City's consultant 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 to the City Engineer. (6) 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 and in obtaining the map signature of the City's consulting surveyor. The subdivider shall arrange for a Title Company to record the Final Parcel Map. (8) The subdivider shall provide a Mylar copy of the recorded parcel map to the Engineering Division after approval by the City. Council. HOLD HARMLESS. The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, its Redevelopment Agency, 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 Redevelopment Agency, 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 and Building Department, Alameda City Planning Board, the City of Alameda Redevelopment Agency or City Council relating 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. (5) (7) (9) 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. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 5th day of October, 2010, by the following vote to wit: y g AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 6th day of October, 2010. Lara Weisiger, Cit i clerk City of Alameda