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Resolution 12918CITY OF ALAMEDA RESOLUTION NO. 12918 APPROVING PARCEL MAP, PM-7150, AT 2100/2150 MARINER SQUARE DRIVE, FOR MARINER DEVELOPMENT COMPANY WHEREAS, an application was made on May 7, 1997 by John Berry for Mariner Development Company requesting a Parcel Map, PM-7150, to divide a 39,550 square foot lot, which contains two office buildings, into two parcels, with each parcel containing a commercial building; and WHEREAS, the Parcel Map was accepted as complete on July 11, 1997 and has been found by the Engineering Department to be suitable for filing; and WHEREAS, the subject property is designated as Office on the General Plan Diagr and WHEREAS, the subject property is located in a M-2, General Industrial Zoning District; and WHEREAS, the project is located within the boundaries of the Business and Waterfron Improvement Project and designated as suitable for Commercial Use; and 0 WHEREAS, the Plarming Board and City Council have been advised that and find that, 33 subject to meeting City standards and requirements, the proposed subdivision would confolin 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 Planning Board held a public hearing on July 28, 1997 to consider this application, and examined pertinent maps, drawings, and documents; and WHEREAS, the City Council held a public hearing on August 19, 1997 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 is consistent with the applicable General Plans and Specific Plans because the proposal does not propose a change in the existing consistent office use. 2. The design or improvement of the proposed subdivision is consistent with the applicable General Plans or Specific Plans because the design of the proposal will not change or alter the existing use of the site. The site is physically suitable for the type of development because no further development will occur on the site and, as conditioned, parking and all common facilities are protected from removal of degradation. 1 4. The site is physically suitable for the density of the development because no further development is proposed. 5. 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. No changes are proposed for the site except for the minor division of land. 6. 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 subdivision. All existing easements are required to be retained and additional easements are required to protect the integrity of the proposal. 7. The design of the subdivision or the type of improvements is not likely to cause serious public health problems because the design of the subdivision will not alter the use or density of the property. 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, PM- 7 50, subject to the following conditions: APPROVED PLANS The Parcel Map shall be in substantial compliance with the plans prepared by Debolt Civil Engineering, dated May 1997, titled "Parcel Map No. 7150", consisting of two sheets, marked Exhibit "A" and on file in the office of the City of Alameda Planning Department, subject to the following conditions. HOLD HARMLESS 2. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires as a condition of this parcel map approval that Mariner Development Company, 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 2100/2150 Mariner Square Drive subdivision, which action is brought in the time provide for in Government Code Section 66499.37. The City of Alameda shall promptly notify the subdivider of any claim, action or proceeding and the City shall cooperate fully in the defense. If the City fails to 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. 2 EASEMENTS, COVENANTS AND RESTRICTIONS Four recordable instruments shall be required to be completed by the applicant to the satisfaction of the Planning Director, in consultation with the City Attorney, and shall be recorded concurrent with the Parcel Map: a. An instrument which grants reciprocal easements for the access and parking areas between Parcel A (2100 Mariner Square Drive) and Parcel B (2150 Mariner Square Drive) with a mutual covenant which establishes joint and several liability for the maintenance of those areas. The covenant shall cover the maintenance, repair, and replacement of the shared facilities or infrastructure such as parking areas, access driveways, sidewalks, landscaping, lighting, fire and emergency equipment, and utilities (gas, water, sewer, drainage, and electric. The City must be granted an interest in this instrument so as to prevent these easements and covenants from merging or being revoked by later deed without the City's consent. b. An instrument which grants an exclusive easement to both Parcel A (2100 Mariner Square Drive) and Parcel B (2150 Mariner Square Drive) for parking on 2236 Mariner Square Drive (the adjacent property, across Tynan Avenue) with an interest conveyed to the City. The easement shall specify the number of spaces (26) and that the design and configuration shall be consistent with City Standards. Additionally, a mutual covenant shall be included which establishes joint and several liability for the construction and maintenance of this parking lot in the event the S &P lease is terminated. c. An instrument enforceable by the City which prohibits the easement area on 2236 Mariner Square Drive from being used for anything not consistent with the exclusive use of parking for Parcel A (2100 Mariner Square Drive) and Parcel B (2150 Mariner Square Drive). It may contain provisions for extinguishment of this restriction if the S &P right -of -way is ever acquired in fee and merged or added to Parcel A (2100 Mariner Square Drive) and Parcel B (2150 Mariner Square Drive). d. A notice shall be added to the cover page of the Parcel Map for recordation (which is also to be included on all subsequent Deeds) stating that "the Certificate of Occupancy is conditioned upon the availability of a total of 48 shared parking spaces for the exclusive use of both Parcel A (2100 Mariner Square Drive) and Parcel B (2150 Mariner Square Drive), and said spaces shall be designed and configured to the satisfaction of the City ". In addition, the cover page shall note the parking and access easement on 2236 Mariner Square Drive with an exhibit sheet included in the Parcel Map. All existing utility and access easements shall be retained. 3 OTHER CONDITIONS 7. The subdivider shall provide to the Engineering Division a cashier's check in the amount of $160.00 for a mylar copy of the Parcel Map. VESTING 8. The subdivider shall record the Parcel Map within twenty-four (24) months of approval, or conditional approval, of the Parcel Map by the City Council. An extension of time, not to exceed an additional twelve (12) months, for the filing of the Parcel Map may be granted by the City Council providing written application is made by the subdivider prior to the expiration of the approved or conditionally approved Parcel Map. 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. G:\PB\RESO\4PM7150 file: PM 7150 4 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 regular meeting assembled on the 19th day of August , 1997, by the following vote to wit: AYES: Councilmembers Daysog, Kerr, Lucas and Acting President DeWitt - 4. NOES: None. ABSENT: Mayor Appezzato - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of August , 1997. a4x-, Dian Felsch, City Clerk City of Alameda