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Resolution 14297CITY OF ALAMEDA RESOLUTION NO. 14297 APPROVING TENTATIVE PARCEL MAP NO. 9757 FOR THE PURPOSE OF ESTABLISHING A SUBDIVISION OF OWNERSHIP TO CONDOMINIUM FORM FOR TWO DETACHED SINGLE - FAMILY DWELLINGS ON ONE SITE LOCATED AT 1531 MORTON STREET WHEREAS, an application was made on May 19, 2008, by John Gutierrez, requesting Subdivision of ownership to condominium form for two detached single - family dwellings on one site; and WHEREAS, the application was accepted as complete on September 3, 2008; and WHEREAS, the Planning Board held a public hearing on this application on October 27, 2008 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 Council of the City of Alameda held a public hearing on January 6, 2009 and considered or examined all pertinent maps, drawings, documents and testimony; and WHEREAS, the City Council has made the following findings relevant to the Parcel Map: 1. The Building Official has certified that there are no violations of codes or statutes applicable to the structures on the site. This finding can be made because the Building Official has certified that there are no violations to Codes or statutes applicable to the structures involved based upon documents provided by the applicant which included a pest report and documentation from a licensed Engineer that states that the original residential building complies with the State Historic Building Code. The Building Official recognizes that Design Review and Building Permit approval was issued for the development of the second detached dwelling. This approval was predicated on compliance with City Code standards relating to infill development. 2. The conversion has been reviewed and reported upon by Design Review. This finding can be made because the initial infill development of the site had been reviewed through the Major Design Review process. This process assured that the development of the site complied with Municipal Code standards and residential design guidelines. 3. The project is consistent with CEQA Guidelines, Section. 15315 Minor Land Divisions that requires conformance with the General Plan and Zoning, no variances or exceptions are required, and all services and access conform to local standards. This finding can be made because the project would be limited to providing individual ownership of existing single - family detached residences on a single lot and would not affect or alter existing residential density in the neighborhood and would not affect any public facilities. The project is also consistent with General Plan Guiding Policies: Residential areas, 2.4.d because is limits residential development to two detached single - family residences; and 2.4.e because the conversion would expand opportunities for households in all income groups by providing the opportunity of separate ownership for each of the single - family residences on the common site. The Major Design Review approval for the original infill project assured that the site meets all zoning standards pertaining to site development that includes off- street parking, open space, and water conservation /landscaping. Access is provided by the Morton Street right -of -way with a conforming 8.5 -foot wide driveway to the dwelling at the rear portion of the site. 4. The project would not affect the availability of rental housing, remove rental housing, or result in the displacement of tenants occupying rental units. This finding can be made because the original single- family house was last occupied by an owner occupant. The conversion does not limit the property to either owner occupant or rental status. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Alameda approves the Tentative Parcel Map No. 9757 (File No. PLN08- 0260), for the Purpose of Establishing a Subdivision of Ownership to Condominium Form for two Detached Single- Family Dwellings on One Site Located at 1531 Morton Street, subject to compliance with the following conditions: (1) This approval shall expire and become void if a Final Parcel Map is not filed within two years after this approval, or by January 6, 2011. (2) The Final Parcel Map shall include the sheet defined as the Tentative Parcel Map No. 9757, prepared by Andreas Deak, submitted on May 19, 2008 and shall include the Proposed Site (Landscape) Plan, prepared by Sinan Sabuncuoglu, submitted on September 3, 2008 and on file in the office of the City of Alameda Planning and Building Department, except as modified by the conditions listed below. (3) The Final Parcel Map shall be approved subject to the satisfaction of the Planning and Building Director, the City Engineer, and the City's Consultant surveyor. This shall include, but not be limited to the following issues: a. The identification of the units and the common areas on the final map should match those in the Covenants, Conditions, and Restrictions (CC &R's). Units should have a number (i.e., Unit 1 and Unit 2) not letters. b. Exclusive Use Common Areas shall be identified as such. Exclusive Use common areas may be identified by letters "D" for deck, "P" for patio, "PS" for parking space, "SP" for stairs, porch, and landings, and "Y" for yard followed by the number of the corresponding unit. Abbreviations shall be included in the legend. (4) 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 Tentative Parcel Map and Final Parcel Map and in obtaining the map signature of the City's consulting surveyor on the Final Parcel Map. (5) The subdivider shall post a refundable cashier's check in the amount of $400 to guarantee that the Mylar copy of the site plan and landscaping plan are provided in the form approved by the City Engineer. (6) The subdivider shall arrange for a Title Company to record the Final Parcel Map and provide a Mylar copy of the recorded Final Parcel Map, site plan and landscaping plan. (7) Covenants, Conditions and Restrictions (CC &R's) including estimated homeowner's fees shall be prepared to the satisfaction of the Planning and Building Director, the City Engineer and the City Attorney prior to approval of the Final Parcel Map by the City Council for purposes of verifying maintenance and care of common areas. (8) The applicant/property owner shall provide and estimate of the condominium owner's fees. (9) The CC &R's shall be recorded with the Final Parcel Map. (10) The Final Parcel Map shall comply with all City Code requirements including but not limited by Section 30 -81 of the Alameda Municipal Code. (11) The subdivider shall arrange for a title company to record the Final Parcel Map and CC & R's. (12) 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. 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 6th day of January, 2009, 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 7th day of January, 2009. Lara Weisiger, C y Ole k City of Alameda