Resolution 14060CITY OF ALAMEDA RESOLUTION NO. 14060
APPROVING TENTATIVE MAP TRACT 7846, TM06-0006, FOR THE
PURPOSE OF ESTABLISHING EIGHT RESIDENTIAL LOTS WITHIN FOUR
BUILDINGS LOCATED AT 626 BUENA VISTA AVENUE
WHEREAS, an application was made on September 18, 2006 requesting
approval of Tentative Map Tract 7846, to permit the conversion of an
approximately 0.43 acre (18,900 square foot) parcel from a single ownership to
eight fee simple ownerships; and
WHEREAS, the Tentative Map was accepted as complete on October 18,
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-PD, Neighborhood
Residential, Planned Development Zoning District; and
WHEREAS, the Planning Board held a public hearing on this application
on December 11, 2006, and examined pertinent maps, drawings, and
documents; and
WHEREAS, the Planning Board unanimously approved a resolution
recommending City Council approval of the proposed maps; and
WHEREAS, the City Council held a public hearing on this application on
January 16, 2007, and examined pertinent maps, drawings, and documents; and
WHEREAS, the City Council finds:
1 The Proposal is consistent with the General Plan. The design and
configuration of the proposed parcels is physically suitable for the site
and complies with the density requirements for medium-density
residential development in the General Plan.
2. The design of the proposed subdivision is consistent with the
General Plan. The development of this property was approved by the
Planning Board on August 14, 2006 (PD06-0001 and DR06-0054). The
design is compatible and harmonious with the design and use of the
surrounding area and is consistent with the Design Review Guidelines.
3. The site is physically suitable for this type of development. Site
design has been evaluated and was approved by the Planning Board on
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August 14, 2006 (PD06 -0001 and DR06- 0054). A change in ownership
pattern will have no effect on the approved site development.
4. The site is physically suitable for the density of the development.
Site design has been evaluated by City Engineering, Planning &
Building, Fire and AP &T staff and determined that the site was physically
suitable for the proposed density of development. The project was
evaluated by the Planning Board at a publicly noticed hearing and was
approved on August 14, 2006 (PD06 -0001 and DR06- 0054). A change
in ownership pattern will have no effect on the approved density of the
site.
5. The subdivision will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat: The
site consists of a car wash and does not provide suitable habitat for fish or
wildlife. The project was approved by the Planning Board on August 14,
2006 (PD06 -0001 and DR06- 0054). A change in ownership pattern will
have no environmental effect on the approved site development.
6. The subdivision will not conflict with easements acquired by the
public at large for access through or use of property within the
subdivision. All easements are required to be retained and additional
necessary access and other easements are being provided.
7. The subdivision will not cause serious public health problems. Site
design has been evaluated and the property is not a hazardous
materials site. Adequate public services will be provided. The project
was approved by the Planning Board on August 14, 2006 (PD06 -0001
and DR06- 0054). A change in ownership pattern will have no effect on
the approved site development and will not affect public health.
NOW, THEREFORE BE IT RESOLVED, that the Council of the City of
Alameda finds in compliance with the California Environmental Quality Act
(CEQA) that a Negative Declaration for this site was adopted on April 3, 2001
pursuant to CEQA Section 15162, no new significant environmental impacts have
been identified, and the project is Categorically Exempt pursuant to CEQA
Guidelines Section 15332 - Infill Development Project; therefore no additional
review pursuant to CEQA is required.
BE IT FURTHER RESOLVED ` that the City Council hereby approves
Tentative Map Tract TM06 -0006, subject to the following conditions:
Public Works: Conditions Applicable Prior to the Approval of the Final
Map by the City Council
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. The final map shall conform to the requirements of the Subdivision Map Act,
Alameda Municipal Code regarding Real Estate Subdivisions Regulations,
Planning Board and City Council Tentative Map Resolutions applicable to
the Final Map and shall be acceptable to the City Engineer and Planning &
Building Director. Prior to approval of the Final Map, the Building Official
shall establish addresses for each lot, which shall be included on the Final
Map as a separate sheet.
2. Deeds, title report of property owner(s), ad
calculations shall be provided.
oiner
deeds and closure
3. All easements shall be shown on the Final Map including private street
ingress /egress access easements, surface drainage runoff, and utility
easements for the benefit of the property owners.
4. Mylar copies of the recorded Final Map shall be provided to the City
Engineer. AutoCad CD -Rom copies of the Final Map (without signatures)
shall be provided to the City Engineer.
5. A bond, letter of credit, or other acceptable instrument of credit shall be
provided to assure that the construction improvements are completed. The
amount shall be based on the subdivider's engineer's ; estimate to the
satisfaction of the City Engineer and shall include 20% contingencies.
6. The subdivider shall post a refundable cashier's check in the amount of
$100 per final map sheet to guarantee that a Mylar copy of the recorded
Tract Map is provided in the form approved by the City Engineer.
Public Works: Conditions, Applicable Prior to Construction
Improvement Plans, Specifications and Engineer's Estimate
7. Complete improvement plans and specifications shall be prepared by the
developer's engineer and shall be provided as either part of the building
plans or separate from the building plans for review and approval by the City
Engineer. Specifications may be incorporated on the improvement plan
sheets.
8. Complete landscape and irrigation plans for front yards and common areas
shall be provided as either part of the building plans or, separate from the
building plans and prepared by a professional having experience in
landscaping and completed to the satisfaction of the City Engineer and
Planning & Building Director. Landscaping shall be in accordance with the
City of Alameda Ordinance No 2389 (Water Conservation).;
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9. Specifications shall incorporate waste management practices and use of
recyclable materials to the extent possible and to the satisfaction of the City
Engineer.
10. Improvement plans and specifications shall include an erosion and sediment
control plan incorporating best management practices.
11. Geotechnical, soils and environmental assessment reports shall be
provided. A letter from the geotechnical engineer shall be provided to the
City Engineer stating that they have reviewed and approved the plans.
Sanitary Sewer Facilities
12. Sanitary sewer calculations shall be provided to the satisfaction of the City
Engineer. Sanitary sewer main shall be private and shall be maintained by
the homeowners. City standard manholes shall be provided where the
lateral connects with the street main. Sewer lateral within the street shall be
PVC having a minimum SDR thickness of 26. A standard City of Alameda
cleanout shall be provided at upper end.
Storm Drain Facilities
13. Storm drain calculations shall be provided to the satisfaction of the City
Engineer. The tentative map indicates connection to the existing storm
drain line on Buena Vista Avenue. Calculations shall be provided that the
existing storm drain line has adequate capacity to handle the proposed
development. If there is insufficient capacity the developer shall upsize the
existing pipe or install a new pipe connecting at Webster Street. Design for
pipe size and capacity shall be based on a 10-year storm.
14. The storm drain lines and inlets within the subdivision shall be private and
maintained by the property owners of the subdivision. The storm drain line
within Buena Vista Avenue shall be a minimum of twelve (12) inches in
diameter, PVC and shall have an SDR of at least 26 or lower depending
upon the loading. All storm drain lines shall be placed in a straight line
between structures, both horizontally and vertically. No curved storm drain
lines will be allowed. The developer's engineer shall determine the location
and depth of all existing utility and sewer house lateral crossings with the
proposed Buena Vista Avenue storm drain line. Street trench pavement
reconstruction shall extend to the outside edge of gutter. If the width of the
storm drain construction trench does not extend to the outside edge of the
existing gutter, the top two (2) inches of existing pavement between the
trench wall and gutter shall be removed and repaved. Exact limits will be
determined by the City Engineer.
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15. Roof leader down spouts shall not be connected directly to the storm drain
line but shall daylight in landscape or pavement areas. Catch basin inlets
shall have filter cartridges for urban runoff control measures and shall be
maintained under an operations and maintenance agreement.
16. The tentative map indicates an infiltration trench drain for urban runoff
measures. This is located below the access driveway pavement. The
engineer shall provide backup information on how this treatment measure
would work if located below pavement and method of maintenance. The
project is not required to conform with C3 Regional Water Quality Control
certification as the project was approved prior to August 15, 2006, the date
on which the acreage for C3 requirements were reduced from one acre to
10,000 square feet. However, the project should implement stormwater
quality controls as appropriate.
17.AII storm drain inlets shall have permanent markings labeled "No Dumping -
Drains to Bay" to the satisfaction of the City Engineer.
18.The improvement plans shall include a sheet indicating urban runoff control
measures during construction to the satisfaction of the City Engineer.
Utilities
19.The developer shall underground all utility lines and shall comply with the
requirements and standards of the utility provider.
20. The subdivider has not shown a joint trench section for electrical and gas
lines. The trench width and depth shall meet the standards of the utility
companies and the City Engineer.
City Right of Way Improvements
21. Existing street pavement removed for construction of the proposed
improvements and utilities and as noted in Condition #16 above shall be
patched with a standard street patch conforming to the City's standard plan
Drawing 2930, Case 22.
22. Existing sidewalk, driveways, curb and gutter shall be reconstructed through
out the property frontage. Limits shall extend to the nearest curb and gutter
expansion joint beyond the tract boundary and nearest score mark for
sidewalk as marked by the City Engineer. Limits shall be shown on the
improvement plans.
23. Concrete driveway shall be six (6) inches in thickness and to the City
standard plan for commercial driveways. Where slope of driveway does not
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allow for 5' clear width of sidewalk at a 2% cross slope for ADA accessibility,
the sidewalk shall extend as needed to provide a clear width of 5'. ' Should
this width extend onto the private property, a public easement shall be
provided on the final map, or by separate instrument, for the portion of the
sidewalk that extends onto the property. If the easement is dedicated by
separate instrument, the easement shall be prepared by a licensed ` land
surveyor, at no cost for preparation and granting of the easement to the
City.
24. The access driveway pavement sections shall be designed in accordance
with the design procedure for Flexible Pavement as set forth in Section
608.4 of the State of California Highway Design Manual, except that such
design shall not be less than the following minimum:` a TI of 4 and shall be
minimum 2- inches asphalt concrete on 8- inches aggregate base, or as per
the geotechnical report to the satisfaction of the City Engineer.
25.AII curbs, gutter, and sidewalks within the City right -of -way shall be installed
in accordance with City of Alameda standard plan Drawing 6297, Case 24.
Reinforcing bars should be installed in curbs where subsidence is predicted.
26. Sidewalk shall be reinforced around utility boxes per City of Alameda
standard Plan Drawing 6080, Case 22.
27. Provide individual lot plot final grading plans showing building foundation
foot print, lot boundary, offset dimensions of buildings to property lines,
swales and drainage inlets, hi /low /spot/pad elevations necessary for final
grading to the satisfaction of the City Engineer. Sheet size shall be 8%2 "x11 ".
Fees
28.The developer shall pay Community Development Fees (CDF) for each
residential unit. The rate of the fee shall be according to the City's Master
Fees Schedule and collected by the City of Alameda's Planning ` and
Building Department.
Public Works: Conditions Applicable During Construction
29. Maintain traffic control and adjust accordingly as conditions warrant subject
to approval of the City Engineer.
30. Limit construction activity to 7:00 a.m. and 7:00 p.m. per Alameda Municipal
Code. Work requiring City Public Works construction inspection beyond
3:30 p.m. shall require payment of City inspector at time and one -half (1-
1/2).
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31. Maintain construction noise, dust control and site cleanup to City acceptable
levels. Maintain urban runoff control measures. Sweep public streets daily
or as necessary. Construction materials, equipment and personnel vehicles
shall be stored on site and not on public streets:
32. Provide compaction - testing services for access driveway and right -of -way
improvements. The subdivider shall require the geotechnical engineer to
submit all testing, sampling and reports to the City Engineer.
33. Upon approval of the plans and specifications by the City Engineer any
changes to the improvement plans necessitated during construction will
require approval of the City Engineer through a change order submitted
through the City's Permit Center by the owner's engineer.
34.A maintenance agreement subject to the approval of the City Engineer and
Development Services Department shall be recorded prior to the first
certificate of occupancy.
Public Works: Conditions Applicable to Acceptance of Improvements
35.AII improvements damaged during the construction of the subdivision shall
be repaired to the satisfaction of City Engineer. Any excessive wear of the
finished street pavement surface due to construction equipment prior to
acceptance of the improvements by the City Engineer shall be repaired by
an approved slurry seal process to the satisfaction of the City Engineer.
36.AII tract improvements shall be installed including landscaping and irrigation
and shall be subject to final inspection and approval of the City Engineer
and Planning & Building Director prior to acceptance of the improvements
by the City Council and subsequent release of bond.
37. Developer shall have completed all permit conditions and obtained final
permit signoffs.
38.As- builts of all improvement plans shall be prepared after construction to the
satisfaction of the City Engineer and shall be provided in Mylar form.
Public Works: Conditions Applicable to Final Closeout
39. Upon acceptance of the improvements and release of bond by the City
Council the Public Works Director shall file a 60 -day Notice of Completion
with the County of Alameda.
Hold Harmless
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40. 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 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 thereafter be responsible to defend, indemnify, or hold harmless the
City.
Acknowledgment of Conditions
41.The applicant shall acknowledge in writing all conditions of approval and
accept this permit subject to conditions, with full awareness of applicable
provisions of the Alameda Municipal Code for this Tentative Parcel Map to be
exercised.
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.
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I, 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 16th day of January 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 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 17th day of January, 2007.
Lara Weisiger, City k
City of Alameda