Loading...
Resolution 12931&4, CITY OF ALAMEDA RESOLUTION NO.12931 APPROVING PARCEL MAP, PM-7119, AT 1849 OAK STREET, FOR DEBOLT ENGINEERING FOR THOMAS NOAKES WHEREAS, an application was made on January 28, 1997 by Eugene De Bolt on behalf of Winner Ford requesting a Parcel Map, PM-7119, to permit the subdivision of a developed as automobile repair/service facility (Winner Ford) and a manufacturing use into two parcels; and WHEREAS, the application was accepted as complete on August 11, 1997; and WHEREAS, the subject property is designated MU5, Specified Mixed Use Areas, on the General Plan Diagram; 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 Waterfront mprovement Project and designated as Commercial/Residential Uses; and WHEREAS, the Planning Board and the City Council has been advised that, subject to meeting City standards and requirements, the proposed use 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 Planning Board held a public hearing on this application on August 28, 1997, and examined pertinent maps, drawings, and documents; and WHEREAS, the City Council held a public hearing on September 16, 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: The design of the proposed subdivision is consistent with the General Plan and applicable specific plans. The site is located within the Specified Mixed Use Area 5. The General Plan Implementing Policy 2.6.i calls for this area to be re-zoned for residential/industrial uses in the future, with an assumed development of up to 300 duplex residential units, 40,000 square feet of office space and a park. The existing industrial uses would continue to be permitted, but would not be permitted to expand. The proposal to subdivide the lot would not inhibit this General Plan goal, and, thus, the proposed subdivision of the lot is not contrary to General Plan goals. The proposal to subdivide the lot would not inhibit this General Plan goal. 2. The site is physically suitable for the type of development proposed. No changes to the existing industrial uses or the existing buildings are proposed. The site is physically suitable for the- proposed density of development. No additional buildings are proposed as part of this subdivision. 4. The design of the subdivision or proposed improvement will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. No changes to the existing uses or buildings are proposed. 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. No changes to the public right-of-way are proposed as part of this subdivision. 6. The design of the subdivision or the type of improvements will not cause serious public health problems. The site is already developed, and required improvements would increase the public health and safety. 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-7119, subject to the following conditions: APPROVED PLANS The Parcel Map shall be in substantial compliance with the plans prepared by DeBolt Civil Engineering, dated January 1997, titled "Parcel Map No. 7119", consisting of two sheets, marked Exhibit "A" on file in the office of the City of Alameda Planning Department, subject to the following conditions. 2. Parking on the Parcel A and Parcel B shall be provided in substantial compliance with the plan prepared by DeBolt Civil Engineering, dated October 1996, revised through July 17, 1997, titled "Parking Plan, Alameda California", consisting of one sheet, marked Exhibit "B" on file in the offices of City of Alameda Planning Department. HOLD HARMLESS 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 2 concerning the 1849 Oak Street 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. EASEMENTS, COVENANTS AND RESTRICTIONS 4. 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 as shown on Parcel Map 7119 for access between Parcel A (1835 Oak Street) and Parcel B (1849 Oak Street) 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 access driveways, sidewalks, 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 as shown on Parcel Map 7119 for parking to Parcel B (1849 Oak Street) on 1835 Oak Street (Winner Ford Repair Facility) with an interest conveyed to the City. The easement shall specify the number of spaces (21) and that the design and configuration shall be consistent with the Parking Plan prepared by DeBolt Engineering, dated October 1996, revised through July 17, 1997, marked Exhibit "B", on file in the offices of the City of Alameda Planning Department. Additionally, a mutual covenant shall be included which establishes joint and several liability for the maintenance of this parking area. c. An instrument enforceable by the City which prohibits the easements cited in Condition #4a and #4b from being used for anything not consistent with the exclusive use of access and parking. 5. Prior to the recordation of the Parcel Map, a Notice of Restriction to the satisfaction of the Planning Director shall be recorded which limits the use of approximately 25,000 square feet developed as 46 parking spaces located at the western end of the building on Parcel B to required parking. 6. 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 approximately 25,000 square feet of the western end of the building on Parcel B to be developed as 46 parking spaces designed and configured to the satisfaction of the City ". OTHER CONDITIONS 7. Prior to the recordation of the Parcel Map, the requirements of the applicable Uniform Building Code and Uniform Fire Code shall be met or the applicant shall enter into an agreement with the City and post sufficient bonds to guarantee construction of improvements. 8. The subdivider shall comply with Alameda County -Wide Urban Runoff conditions of approval for commercial/industrial development, including by not limited to the following: a. All washing and or /steam cleaning shall be done at a facility which drains to the sanitary sewer. Any outdoor washing or pressure washing shall be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain. Washwater shall discharge to the sanitary sewer. Sanitary connections are subject to the review, approval, and conditions of the wastewater treatment plants receiving the wastewater. b. All trash enclosures and/or recycling area(s) shall be completely covered; no other area shall drain into this area. Drains in any wash or process area shall not discharge to the storm drain system. Drains shall connect to the sanitary sewer. Sanitary connections are subject to the review, approval, and conditions of the wastewater treatment plants receiving the wastewater. c. All on -site storm drain inlets shall be labeled "No Dumping - Drains to Bay" to the satisfaction of the City Engineer. d. All on -site drains shall be cleaned at least once a year immediately prior to the rainy season (assumed to commence on 15 October). Upon inspection by City personnel, additional cleaning may be required by the City Engineer. 9. The subdivider shall post a cash deposit of $100.00 to guarantee that a mylar copy of the recorded Parcel Map are provided to the City Engineer. 4 VESTING 10. 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. 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 16th day of September , 1997, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas and President Appezzato - 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 17th day of September , 1997. / Di Felsch, City Clerk City of Alameda