Resolution 12721CITY OF ALAMEDA RESOLUTION NO. 12721
APPROVING PARCEL MAP NO. 6629 (1234 - 1238
COLLEGE AVENUE AND 2828 ENCINAL AVENUE) AND
GRANTING AN EXCEPTION FROM SECTION 30-84.7 OF
THE MUNICIPAL CODE REQUIRING UNDERGOUNDING OF
UTILITIES
WHEREAS, the owners and subdividers herein have presented
to the City of Alameda for approval Parcel Map 6629, to subdivide
a division of property located at 1234-1238 College Avenue and 2828
Encinal Avenue; and
WHEREAS, Parcel Map 6629 was approved with conditions by
the City of Alameda Planning Board on March 28, 1994 by Planning
Board Resolution No. 2475, a copy of which is attached hereto as
Exhibit A; and
WHEREAS, Parcel Map 6629 was found to be in conformance
with the City's General Plan and is categorically exempt pursuant
to Section 15315 of the California Environmental Quality Act (CEQA)
guidelines; and
WHEREAS, the subject property is in a developed area
where utilities are already provided above ground and the utility
connections are existing; therefore an exception to Section 30-84.7
of the Alameda Municipal Code is warranted.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Alameda that Parcel Map 6629, hereto accepted and conditionally
approved by the Planning Board, is hereby approved and permission
given to the subdividers to record same, based upon the findings
and subject to the conditions set forth in the City of Alameda
Planning Board Resolution No. 2475.
BE IT FURTHER RESOLVED that an exception be granted to
Section 30-84.7 of the Municipal Code requiring undergrounding of
utilities based upon the finding set forth in the City of Alameda
Planning Board Resolution No. 2475.
BE IT FURTHER RESOLVED by the Council of the City of
Alameda that a Certified Copy of this Resolution shall be recorded
simultaneously with Parcel Map 6629.
CITY OF ALAMEDA PLANNING BOARD
RESOLUTION NO. 2475
A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF ALAMEDA
RECOMMENDING THAT THE CITY COUNCIL APPROVE PARCEL MAP 6629 AT 1234-
1238 COLLEGE AVENUE AND 2828 ENCINAL AVENUE.
WHEREAS, an application was made on November 23, 1993 by
Michael McMahon requesting a Parcel Map PM-93-2, to permit the
subdivision of one 10,500 square foot lot into four parcels; and
WHEREAS, the Engineering Division issued the suitability for
filing on February 28, 1994: and
WHEREAS, the subject property is designated Low Density
Residential on the General Plan Diagram; and
WHEREAS, the subject property is located in a R-1-PD (One-
Family Residence - Planned Development) Zoning District; and
WHEREAS, the Planning Board held a public hearing on this
application on March 28, 1994 and has examined pertinent maps,
drawings, and documents; and
WHEREAS, the Planning Board has made the following findings:
1. The proposal is Categorically Exempt under CEQA
Guidelines, Section 15315 - Minor Land Divisions.
2. The proposed division is consistent with policies in the
General Plan, particularly the Housing Element, by
providing additional house ownership opportunities; and
3. The proposed division is consistent with the R-1-PD (One-
Family Residence - Planned Development) Zoning District
as it is developed with four single-family homes; and
4. Each parcel to be created complies with the density
requirement of Article XXVI of the Alameda City Charter;
and
B. The subdivision meets the intent of the Planned
Development and will not involve the creation of any
vacant parcels; and
6. Adequate utilities and facilities exist to support the
proposed subdivision and meet basic health and safety
standards.
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EXHIBIT A
7. The subject property is in a developed area where
utilities are already provided above ground and the
utility connections are existing; therefore an exception
to Section 30 -84.7 of the Subdivision_ Ordinance is
warranted.
THEREFORE BE IT RESOLVED that the Planning Board of the City
of Alameda hereby recommends City Council approve Parcel Map 6629
subject to the following conditions:
1. The approval of this project shall permit the subdivider
to file Parcel Map 6629 and to subdivide the property
substantially in compliance with the Parcel Map prepared
by Robert A. Day and dated September 1993, on file in the
office of the Planning Department, marked "Exhibit A ",
except as modified by the following conditions.
2. Prior to the recordation of the Map, the subdivider shall
correct the bearing for the line approximately
perpendicular to the northwestern property line of parcel
3 (also being the portion of the ingress /egress easement
identified as 27.63 feet in length) to N 46 °23'54" W as
noted in the closure calculations, not N 46 °26'26" W as
shown on page 1 of 2 of the Map.
3. Prior to the recordation of the Map, the subdivider shall
remove the street address reference directly beneath the
north arrow and next to the western most border line on
page 1 of 2 of the Map.
4. Prior to the recordation of the Map, the subdivider shall
clearly draw the arrow line identifying the bearing and
distance of the line from the western most property
corner of Parcel 3 to the cut cross on the Map. .
5. Prior to the recordation of the Map, the subdivider shall
provide a cash deposit, check, or suitable bond in the
amount of $492.00 to guarantee the replacement of broken
and cracked sidewalk and curb within the public right-of-
way on Encinal Avenue and to provide a mylar copy of the
recorded map.
6. Prior to the recordation of the Map, the north side of
the structure at 1236 College Avenue shall be made to
conform to Section 504 (b) of the Uniform Building Code by
either sprinkling all window and door openings on those
sides or creation of one -hour rated wall construction.
Evidence of the compliance with this condition shall be
presented and found satisfactory by the Chief Building
Official prior to the recordation of the Map.
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PASSED AND ADOPTED by the Planning Board of the City of
Alameda on the 28th day of March, 1994 by the following vote:
AYES: (7) Harris, Knight, Brandenderger, Fee, McGregor,
Thomas, Tilos
NOES: • (0 )
ABSENT: (0)
•
ATTEST:
Colette Meunier`, Secretary
Ci y Planning Boa d
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7. Prior to the recordation of the Map, the subdivider shall
submit easement documents for the shared access
ingress /egress easement for parcels 2 and 3. This
document shall be approved by the Planning Department and
Public Works Department in consultation with the City
Attorney's Office prior to its filing with the County
Recorder's Office.
8. In order to permit the demolition of the garage and
replace it with unenclosed parking, prior to the
recordation of the Map, the property owner shall receive
approval of a Planned Development Amendment to amend
Condition Number 3 of Planning Board Resolution 2416
approving Planned Development, PD -93 -1, requiring
reconstruction or rehabilitation of the garage. The
property owner shall then apply for and receive a
demolition permit to demolish the garage at 1238 College
Avenue.
9. Approval of the Parcel Map shall expire two (2) years
Alternatively, the applicant may seek an extension prior
to the end of the two (2) year period if the request is
filed 30 days prior to the date of expiration.
10. Prior to the recordation of the Map, the subdivider shall
execute and record a hold harmless agreement concerning
the existing encroachment of the dwelling at 1238 College
Avenue into the public right -of -way. The document shall
be approved by the City Attorney's Office prior to its
filing with the County Recorder's Office.
NOTICE. No judicial proceedings subject to review pursuant to
California Code of Civil Procedure Section 1094.5 maybe prosecuted
more than ninety (90) days following the date of this decision or
decision on any appeals plus extensions authorized by California
Code of Civil Procedure Section 1094.6.
The decision of the Planning Board shall be final unless appealed
to the City Council, in writing and within ten (10) days of the
decision.
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