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Resolution 12831CITY OF ALAMEDA RESOLUTION NO. 12831 APPROVING PARCEL MAP, PM-6994, FOR PROPERTY AT 2327/ 2331/2333 LINCOLN AVENUE, 1605-1623 PARK STREET, 2338 PACIFIC AVENUE, AND WAIVER OF UNDERGROUND UTILITY REQUIREMENT, FOR JESSE JUSTIN TRUST WHEREAS, an application was made on September 19, 1996 by Jim Thomson for the Jesse Justin Trust, for a Parcel Map for a two-lot division of a parcel of approximately 32,500 square feet, and on October 15, 1996 for waiver of the requirement for underground utilities; and WHEREAS, the application was accepted as complete on October 3, 1996 and has been found by the Engineering Department to be suitable for filing; and WHEREAS, the subject. property is designated Community Commercial on the General Plan Diagram; and WHEREAS, the project is located within the boundaries of the Business and Waterfront Improvement Project and designated as suitable for Commercial Use; and WHEREAS, the Planning Board and City Council have been advised that and find that, subject to meeting City standards and requirements, the proposed subdivision would conform to the adopted Community Improvement Plan (CIP) for the Business and Waterfront Improvement Project and General Plan policies incorporated by reference within the CIP; and WHEREAS, the subject property is located in the C-M Commercial/Manufacturing District; and WHEREAS, the Planning Board held a public hearing on this application on October 28, 1996, and recommended that the City Council approve the Parcel Map and waiver of the utility undergrounding requirement; and WHEREAS, the City Council held a public hearing on November 4, 1996 to consider this application, and examined pertinent maps, drawings, and documents; and WHEREAS, that the City Council makes the following findings regarding the proposed Parcel Map: 1) The proposal, with its design and improvement, is consistent with applicable General Plans and Specific Plans because the General Plan Land Use Element designates this site for Community Commercial uses and the street pattern complies with the Circulation Element. 2) The site is physically suitable for the type of development because the site is flat and the proposed parcels provide space for buildings as well as parking with a fire wall at the rear of the building. 3) The site is physically suitable for the proposed density of development because the project is a parcel map of developed land within the City's main shopping street area. 4) The design of the subdivision or proposed improvement is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the site is completely developed with structures and parking areas. 5) The design of the subdivision or improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision because there are no public easements existing or needed associated with the Parcel Map. The proposed division of land is solely for purposes of sale. 6) The design of the subdivision or the type of improvements are not likely to cause serious public health problems because there are no industrial processes on the site which are likely to cause public . health problems, and because existing available public services provide for protection from public health problems. NOW, THEREFORE, BE IT RESOLVED that the proposal is Categorically Exempt from review under the California Environmental Quality Act, Section 15315, Minor Division of Land into four or fewer parcels with no variances required and in conformance with the General Plan, and when all services and access are available; and BE IT FURTHER RESOLVED that the City Council approves the Parcel Map, subject to the following: 1. The Parcel Map shall conform to plans dated September 18, 1996, on file in the Planning Department Offices, titled "Parcel Map 6994," prepared by Robert A. Day Land Surveying, consisting of two sheets, and marked Exhibit "A," subject to the following conditions: 2. Pursuant to California Government Code Section 66474.9(p), the City of Alameda requires as a condition of this approval that the subdivider 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 subdivider of any claim, action or proceeding or if the City fails to cooperate fully in the defense, the subdivider shall not hereafter be responsible to defend, indemnify or hold harmless the City. 3. This approval shall expire two years from the date of City Council approval, unless a Parcel Map has been recorded with the Alameda County Recorder, or the applicant applies for an extension at least 30 days prior to expiration, and is granted an extension. 4. Prior to recording of the subject Parcel Map, Building Permits shall be obtained, all construction completed and a certificate of occupancy issued by the Building Official for a project to modify the existing building. on Parcel 1 to comply with the Alameda Building Code with .respect to penetrations of building walls in proximity to property lines. 5. The subdivider will be required to post a cash deposit in the amount of $100.00 to guarantee that a mylar copy of the recorded Parcel Map is provided to the City Engineer. 6. An exception eliminating the requirement that all utilities within the Parcel Map area underground prior to recording the Parcel Map is granted. 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. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in special meeting assembled on the 4th day of November , 1996, by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. NOES: None. ABSENT: None. ABSENTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of November , 1996. Dia Felsch, City Clerk City of Alameda