Resolution 14106CITY OF ALAMEDA RESOLUTION NO. 14106
APPROVING PARCEL MAP PIVI06-0002 TO ALLOW THE DIVISION OF AN
EXISTING 14,400 SQUARE FOOT RESIDENTIAL LOT INTO FOUR
PARCELS AT 471 PACIFIC AVENUE. THE PROPERTY IS LOCATED IN A
R-4-PD, NEIGHBORHOOD RESIDENTIAL PLANNED DEVELOPMENT
DISTRICT.
WHEREAS, an application was made requesting approval of Design
Review DR05-0116, and Development Plan DP05-0001 on November 1, 2005, by
William De Mar and for approval of Parcel Map, PM06-0002 on March 22, 2006,
to divide an existing 14,400 square foot residential lot into four parcels: one with
an existing single-family dwelling, one with a new single-family home, and two,
each with an attached single-family dwelling; and
WHEREAS, the applications for Design Review DR05-0116 and
Development Plan DP05-0001 were approved by the Planning Board on May 8,
2006; and
WHERERAS, the application for Parcel Map PM06-0002 was deemed
complete on May 10, 2007; 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 District; and
WHEREAS, the Planning Board held a public hearing on this application on
May 8, 2006, and examined pertinent maps, drawings, and documents; and
WHEREAS, on date May 8, 2006, the Planning Board approved a resolution
recommending City Council approval of the proposed Tentative Parcel; and
WHEREAS, the City Council held a public hearing on this application on
June 19, 2007, and examined pertinent maps, drawings, and documents; and
WHEREAS, pursuant to AMC Section 30-78.5 the City Council has made
the following findings with regard to the proposed Parcel Map:
1. The proposed map is consistent with applicable General and Specific
Plans. The project complies with the density requirements in the General
Plan and is compatible with the variety of lot sizes of surrounding
properties.
2. The proposed design /improvements are consistent with applicable
General` and Specific Plans. The proposed design respects the density,
physical, and aesthetic character of the neighborhood and surrounding
areas.
3. The site is physically suitable for this type of development. The site is
physically suitable for this type of development because the proposed
parcel will be comparable in size to the surrounding single- family parcels.
Additionally, the site and surrounding properties are zoned Neighborhood
Residential District Planned Development (R -4 -PD) and are designated for
Medium Density Residential on the General Plan Diagram.
4. The site is physically suitable for the proposed density of
development. The General Plan designates this property Medium Density
Residential, with a minimum lot density of 2,000 square feet per dwelling
unit. This density will be maintained for this proposal.
5. The proposed subdivision and its related improvements are not likely
to cause substantial' environmental damage or cause injury to fish or
wildlife habitats. The site is located within a developed urban area The
property is already developed. The project will not result in any site
alterations on the parcels.
6. The design of `the subdivision and its related improvements will not
conflict with easements, acquired by the public at large, for access
through or the use of, property within the proposed subdivision.
Utilities are already available at the project site's boundaries. The existing
single- family home at 471 Pacific Avenue is already connected to water,
sewer, and electric utilities. 'Establishment of separate utility connections to
newly created parcels will be required before recordation of the Final Map.
The proposal will create parcels that are similar to those found in the
vicinity. Additionally, access and utility easements will be required for
utilities. City encroachment permits will be required for any work within the
right -of -way.
7. That the design of the subdivision or the type of improvements will
not cause public health problems`. The proposal continues existing
residential` uses at the site without any changes to the existing structures.
All parcels would have continued direct access to Pacific Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda determines that the project is Categorically Exempt from further
environmental review ` under CEQA Guidelines Section 15315 — Minor Land
Divisions; and
BE IT FURTHER RESOLVED that the City Council hereby approves Parcel
Map PM06 -0005 to allow the subdivision of 471 Pacific Avenue into two legal
parcels, subject to the following conditions:
General
Approved Plan. The approved project shall be completed in substantial
compliance with the plans submitted for Planned Development and Parcel Map
prepared by Andreas Deak, dated March 15, 2006 and the site survey prepared
by Andreas Deak, dated September 10, 2005 consisting of one (1) sheet, all
marked "Exhibit "A "" and on file in the office of the City of Alameda Planning and
Building Department, subject to the following conditions:
1. Parcel Map
a. The Parcel Map shall be completed to the satisfaction of the Public Works
Director and the Director of Planning and Building. 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, preparation of staff reports, and in obtaining the map signature
of the City's consulting surveyor.
b. The subdivider shall install separate utilities (gas, water, and electrical) and
sewer lateral for Parcel #2, #3 and #4 and obtain permits > for the
construction. Trench reconstruction and reconstruction of any sidewalk,
curb and gutter removed for installation of the utilities and sewer lateral
shall be to City of Alameda standards and to the satisfaction of the City
Engineer, Building Official and utility companies. The existing sanitary
sewer lateral shall be abandoned to the satisfaction of the Planning and
Building, and Public Works Departments. All costs shall be borne by the
subdivider.
c. The subdivider shall post a refundable cashier's check to guarantee that a
mylar copy of the recorded Parcel Maps is provided in the form approved
by the City Engineer.
d. After the Parcel Map has been approved by City Council, the subdivider
shall submit a mylar copy of the recorded parcel map to the Public Works
Department.
2. Miscellaneous
a. Codes Compliance. All improvements shall conform to the Alameda
Municipal Code.
b. Compliance with Laws. The applicant shall comply with all federal,
state and local laws and shall file with relevant federal, state and
local agencies for required permits. The applicant shall comply with
all conditions of such permits. All required federal, state, regional,
and local permits shall be obtained prior to occupancy.
c. Hold Harmless. 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 promptly 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 hereafter be responsible to defend, indemnify, or
hold harmless the City.
d. Acknowledgement of Conditions. The applicant shall acknowledge
in writing all of the conditions of approval and must accept this
permit subject to those conditions and with full awareness of the
applicable provisions of Chapter 30 of the Alameda Municipal Code
in order for this approval to be exercised.
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 19th 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, I have hereunto set my hand and affixed the official seal of
said City this 20th day of June, 2007.
Lara Weisiger, City erk
City of Alameda