Resolution 14199CITY_ OF ALAMEDA RESOLUTION NO. 14199
APPROVING TENTATIVE MAP 9689 (FILE NO. PLN07 -0061) FOR THE
SUBDIVISION OF A 29.31 ACRE PARCEL INTO 14 PARCELS FOR THE
DEVELOPMENT OF TEN OFFICE BUIDLINGS, ASSOCIATED PARKING
LANDSCAPING AND OTHER IMPROVEMENTS
WHEREAS, an application was made on November 13, 2007, by SRM
Associates requesting approval of Tentative Map TM 9689 (File No. PLN07- 0061),
for the subdivision of a 29.31- acre parcel into 14 parcels, including ten parcels for
a proposed development of ten office buildings and associated parking,
landscaping and other improvements on 9.22 acres, four parcels for future
development on 18.11 acres, and dedication of a portion of Harbor Bay Parkway
on 1.98 acres at the northernmost end of Harbor Bay Parkway, and;
WHEREAS, the Tentative Map was accepted as complete on January 24,
2008; and
WHEREAS, the subject property is designated as Business Park on the
General Plan Diagram; and
WHEREAS, the subject property is located in a C -M -PD, Commercial,
Manufacturing, Planned Development, Zoning District; and
WHEREAS, the Planned Development for the Business Park was approved
by PD -81 -2, and subsequently amended by PDA -85 -4 and PDA05 -0003; and
WHEREAS, the City Council on April 4,1989, approved an Addendum to
the Final Environmental Impact Report of the Harbor Bay Isle Development; and
WHEREAS, the Planning Board held a public hearing on February 25, 2008
for this application and examined pertinent maps, drawings, and documents; and
WHEREAS, the Planning Board made the following findings:
1. The proposed subdivision is in substantial conformance with the General
Plan and Planned Development for Village V, Harbor Bay Isle, which
specifies commercial development for this site as part of the Business Park
land use designation.
2. The Tentative Map is in substantial conformance with the land uses,
development regulations, parking standards, and park and open space
guidelines established in the approved Planned Development for Village V,
Harbor Bay Isle (PD- 81 -2).
3. The site is physically suitable for the proposed office /business park project
on the proposed ten parcels totaling 9.22 acres (File No. PLN07- 0061).
The site will be graded to accommodate the proposal and is located
adjacent to existing infrastructure that has the capacity to accommodate the
proposal.
4. The site is physically suitable for this type of development. The proposed
density of the 10 parcel, 9.22 -acre project is less than the maximum 35% -
40% lot coverage established by the Planned Development for Village V,
Harbor Bay Isle'. A future change in ownership pattern will have no effect
on the approved density of the site
5. The design of the subdivision and proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat. An Addendum to the Final Environmental Impact
Report for the Harbor Bay Isle Development was approved by the City,
which evaluated the environmental impacts of the Planned Development
and established measures that would mitigate potentially significant impacts
to a less than significant level.
The design of the subdivision and its improvements will not conflict with
easements required by the public at large' for access through or use of
property within the proposed subdivision. The project will include public
right -of -way that will enhance public access through the property, and all
existing easements will be preserved or relocated,' and additional access
and other easements are being provided. Easements for parking, traffic
circulation, surface drainage runoff, and utilities are required as conditions
of the Final Map.
The design of the subdivision and its improvements will not cause serious
public health problems. The proposal for ten parcels totaling 9.22 acres is
for an office /business park and will not cause serious public health
problems.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda hereby finds and determines based on substantial evidence in the record
that the previous EIR for this project fully analyzed the potential environmental
effects of the project and that no further environmental review is required for the
proposed project because:
1. None of the circumstances necessitating additional CEQA review as
specified in CEQA and the CEQA Guidelines, including without limitation
Public Resource Code section 21166 and Guidelines section 15162, are
present in that (1) there are no substantial changes proposed in the project or
the circumstances under which the project is undertaken that would require
major revisions of the EIR due to the involvement of new environmental
effects or a substantial increase in the severity of previously identified
significant effects; and (2) there is no "new information of substantial
importance" as described in CEQA Guidelines 15162(a)(3);
BE IT FURTHER RESOLVED that the City Council of the City of Alameda
hereby approves Tentative Map 9689 (PLN07-0061), subject to the following
conditions:
Public Works: Conditions Applicable Prior to the Approval of the Final Map
by the City Council:
1. 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. The separate sheet shall be a site plan that
shows the buildings, parking, and landscaping in addition to the proposed
property lines and shall be labeled "FOR INFORMATION PURPOSES
ONLY." The Final Map shall be prepared to satisfaction of the City
Engineer and the City's consultant surveyor.
2. 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.
3. 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 Estimates
4. 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.
5. Specifications shall incorporate waste management practices and use of
recyclable materials to the extent possible and to the satisfaction of the City
Engineer.
6. Improvement plans and specifications shall include an erosion and
sediment control plan incorporating best management practices.
7. 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
8. Sanitary sewer calculations shall be provided to the satisfaction of the City
Engineer. Sanitary sewer mains not within the public right-of-way shall be
private and shall be maintained by the property owners. 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. Standard City of Alameda cleanouts shall be provided at
the upper ends.
Storm Drain Facilities
9. Storm drain calculations shall be provided to the satisfaction of the City
Engineer. 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. Design for pipe size and capacity shall be based on a 10-year
storm.
10. The storm drain lines and inlets not within the public right-of-way shall be
private and maintained by the property owners of the subdivision.
11. 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 in
the parking lot shall have canister type filter cartridges for urban runoff
control measures and shall be maintained under an operations and
maintenance agreement.
Utilities
12. The developer shall underground all new utility lines and shall comply with
the requirements and standards of the utility provider.
City Right of Way Improvements
13. All 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.
14. Provide individual lot final grading plans showing building foundation foot
print, lot boundary, and 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
81/2"x11".
Public Works: Conditions Applicable During Construction
15. Maintain traffic control and adjust accordingly as conditions warrant subject
to approval of the City Engineer.
16. 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
4:00 p.m. shall require payment of City inspector at time and one-half (1-
1/2).
17. 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.
18. Provide compaction-testing services for access driveways and right-of-way
improvements. The subdivider shall require the geotechnical engineer to
submit all testing, sampling and reports to the City Engineer.
19. 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.
20. A maintenance agreement for stormwater treatment measures subject to
the approval of the City Engineer shall be recorded prior to the first
certificate of occupancy.
Public Works: Conditions Applicable to Acceptance of Improvements
21. All 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
approved methods to the satisfaction of the City Engineer.
22. 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
23. Upon acceptance of the improvements and release of letter of credit or
deposit by the City Council the Public Works Director shall file a 60 -day
Notice of Completion with the County of Alameda.
Planning and Building: Other Conditions
24. The City of Alameda requires as a condition of this approval that the
applicant, or its successors in interest, 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 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, any approval or related
decision to this project. This indemnification shall include, but is not limited
to, all damages, costs, expenses, attorney fees or expert witness fees
arising out of or in connection with the 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.
25. All Time and Material charges for this application shall be paid in full prior to
the approval of Building Permits for the Project.
26. 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 9689 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 or any final action on any appeal, 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 other exactions. You
are hereby further notified that the 90- day appeal period in which you may protest
these fees and other exactions, pursuant to Government Code Section 66020(a)
has begun. If you fail to file a protest within this 90 -day period complying with all
the requirements of Section 66020, you 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 15th day of April, 2008, by the following vote to wit:
AYES: Councilmembers Gilmore, Matarrese, Tam
and Mayor Johnson - 4.
NOES: None.
ABSENT: None.
ABSTENTIONS: Councilmembers deHaan -1.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 16th day of April, 2008.
Lara Weisiger, City
City of Alameda