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Resolution 14098CITY OF ALAMEDA RESOLUTION NO. 14098 APPROVING TENTATIVE MAP 9387, TM06 -0003, FOR THE PURPOSE OF ESTABLISHING ' UP TO EIGHT COMMERCIAL CONDOMINIUMS WITHIN ONE . BUILDING LOCATED AT 1000 ATLANTIC AVENUE WHEREAS, an application was made on August 28, 2006, requesting approval of Tentative Map 9387, to permit the conversion of approximately 40,745 square feet of office, light industrial, and manufacturing space with associated parking' and landscaped areas on an approximately 3`.085 acre parcel from a single ownership to up to eight fee simple ownerships; and WHEREAS, the Tentative Map was accepted as complete on March 19, 2007; and WHEREAS, the subject property is designated as Business Park on the General Plan Diagram; and WHEREAS, the subject property is located in a M-X, Mixed Use Planned Development Zoning District; and WHEREAS, the Planning Board held a public hearing on this application on April 23, 2007, 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 June 5, 2007, and examined pertinent maps, drawings, and documents; and WHEREAS, pursuant to AMC Sec. 30 -78.5, the City Council finds: That the Proposal is consistent with the General Plan' and zoning. The existing business park is consistent with the General Plan designation of Business Park on the General Plan'` Diagram and the M -X, mixed use Planned Development Zoning District in which the property is located. The proposal will not change the existing business park use. 2. That the proposed improvements are consistent with the General Plan and zoning.` No changes to the physical environment are proposed. 3. That the site is physically suitable for this type of development. The business park use has existed since the 1980s with the existing building constructed in 1987. No change to the use is proposed. 4. That the site is physically suitable for the proposed density of development. No change to the existing density is proposed. 5. That the subdivision will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. No change to the existing use and no physical changes are proposed. 6. That the subdivision will not conflict with easements acquired by the public at large for access through or use of property within the subdivision. All existing easements are required to be retained. That the subdivision will not cause serious public health problems. < No change to the existing business park use and no physical changes are proposed. NOW, THEREFORE BE IT RESOLVED, that the City Council finds that the proposal to subdivide the parcel into eight separate lots will not have a significant effect on the environment and is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (k) (Existing Facilities), which exempts the subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt. BE IT FURTHER RESOLVED that the City Council hereby approves Tentative Map 9387, subject to the following conditions: 1. The final map shall be prepared to the satisfaction of the City Engineer and City's consultant surveyor. 2. 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 Final Map and in obtaining the map signature of the City's consulting surveyor. 3. The subdivider shall post a refundable cashier's check in the amount of $400 to, guarantee a mylar copy of the recorded Final Map. 4. Deeds, title report of property owner(s), adjoiner deeds and closure calculations shall be provided. 5. The applicant shall provide a mylar copy of the recorded final maps. 6. Covenants, Conditions and Restrictions (C.C. & R's) shall be, prepared to the satisfaction of the City of Alameda. Copies of the recorded C.C. & R's and condominium plan shall be provided to the City Engineer. 7. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires as a condition of this Tentative Map 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, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Alameda shall notify the developer of any claim, action or proceeding and the City shall cooperate in the defense. If the City fails to notify the developer of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the developer shall not hereafter be responsible to defend, indemnify, or hold harmless the City. 8. 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 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. 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 5th day of June 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, 1 have hereunto set my hand and affixed the official seal of said City this 6th day of June, 2007. Lk) Lara Weisiger, City CI City of Alameda