Resolution 12832CITY OF ALAMEDA RESOLUTION NO. 12832
APPROVING PARCEL MAP NO. 6895, FOR THE PROPERTY AT
1312 AND 1318 LINCOLN AVENUE
WHEREAS, an application was filed on March 20, 1995 by William
Malpas requesting approval of Parcel Map 6895 to create a one lot
subdivision for four condominium units; and
WHEREAS, on January 23, 1996, the Engineering Division of the
Public Works Department determined the Parcel Map was suitable for
review; and
WHEREAS, the application was accepted as complete on January
24, 1996; and
WHEREAS, the subject property is designated as Medium Density
Residential on the General Plan Diagram; and
WHEREAS, the subject property is located within an R-4
(Neighborhood Residential) Zoning District; and
WHEREAS, the Planning Board held a public hearing on this -,
application on February 26, 1996 and recommended that the City
Council approve the Parcel Map; 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, the City Council makes the following findings
relative to Parcel Map No. 6895:
1) The proposal, with its design and improvement, is
consistent with applicable General Plans and Specific Plans because
the General Land Use Element designates this site for Medium
Density Residential uses.
2) The site is physically suitable for the type of
development because the site is flat.
3) The site is physically suitable for the proposed density
of development because the project is a parcel map of land for
condominiums which meet the density of the R-4 (Neighborhood
Residential Zoning District),
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 in a developed neighborhood.
5) The design of the subdivision or improvement will not
conflict with easements acquired by the public at large for access
through or use 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 December,
1995, on file in the Planning Department Offices, titled
"Parcel Map 6895,". prepared by Peri Cosseboom, consisting
of two sheets, and marked Exhibit "A" subject to the
following conditions:
2. Pursuant to California Government Code Section
66474.9(b), 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
agent, 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. 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.
NOTICE. No judicial proceedings subject to review
pursuant to California Code of Civil Procedure Section 1094 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:
NOES:
Councilmembers Arnerich, DeWitt, Lucas
and President Appezzato - 4.
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.
Diane
City o
lsch, City Clerk
Alameda