Resolution 13064CITY OF ALAMEDA RESOLUTION NO. 13 0 6 4
APPROVING PARCEL MAP, PM 7241, AT 3241/3243 GARFIELD AVENUE, FOR
DENNIS AND NATALIE FAY
WHEREAS, an application was filed on January 9, 1998 by Dennis and Natalie Fay
requesting the approval of Parcel Map 7241 to divide a 6,900 square foot lot into two parcels, each
with an existing, detached, single family dwelling unit; and
WHEREAS, the Parcel Map has been found by the Engineering Department to be suitable
for filing; and
WHEREAS, the subject property is designated as Low Density Residential on the General
Plan Diagram; and
WHEREAS, the subject property was reclassified from R -1, One - Family Residential, to R -1-
PD, One - Family Residential, Planned Development Zoning District by the City Council on July 1,
1997; and
WHEREAS, the Planning Board approved Planned Development Plan, PD -97 -1, and
accepted Preliminary Plan, PP -97 -2, on May 12, 1997; and
WHEREAS, the Planning Board held a public hearing on September 28, 1998 -and
recommended approval to the City Council of PM 7241; and
WHEREAS, the City Council held a public hearing on November 10, 1998 to consider this
application, and examined pertinent maps, drawings, and documents; and
WHEREAS, the City Council has made 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 residential 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.
3. 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 or degradation.
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, under CEQA Guidelines, Section 15315 -
Minor Land Divisions 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 Parcel Map 7241, and
authorizes the City Engineer to sign the Final Parcel Map, subject to the following conditions:
APPROVED PLANS
The Parcel Map shall be in substantial compliance with the plans prepared by Robert A. Day
Land Surveying, dated August 1998, titled "Tentative Parcel Map 7241," consisting of two
sheets, marked Exhibit "A" and on file in the office of the City of Alameda Planning
Department, as modified by condition 3 below, and subject to fhe 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 Dennis and Natalie Fay, or their 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
3241/3243 Garfield Avenue 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
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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
3. At the northwest comer of the property split, the property line shall be moved approximately
eight feet to the southwest, to the edge of the existing pavement in front of the garage. The
property line shall continue, parallel to the rear property line, to the proposed property line
on Tentative Parcel Map 7241. This would result in an approximately 240 square foot
reduction in size for the front lot (3241 Garfield Avenue) and a corresponding increase for
the rear lot (3243 Garfield Avenue).
4. The subdivider shall prepare and record a reciprocal access easement, with an agreement that
both parcels share responsibility for maintenance and repair of the driveway to the
satisfaction of the City Attorney and the Planning Director. This agreement shall be included
on the Certificate Page of the Parcel Map.
5. Prior to the City Engineer's approval of the Final Parcel Map, the applicant shall install a
concrete parking pad at the north/east corner of the front residence and the driveway,
approximately twenty -seven feet behind the front property line.
5. Prior to the Final Parcel Map being authorized for recordation by the City Engineer, a Deed
Restriction which ensures the existing garage shall be maintained and used for the parking
of two full sized vehicles shall be recorded.
7. An exception shall be granted to the requirement that all utilities within the proposed
subdivision shall be placed underground pursuant to Section 30 -84.7 of the City Subdivision
Ordinance.
8. Prior to the City Engineer's approval of the Final Parcel Map, existing sidewalks, curbs and
driveways within the street right of way that are damaged shall be reconstructed to City
standards and shall be to the approval of the City Engineer. The owner or their representative
shall contact the City Engineer. The owner or their representative shall contact the City
Engineer for establishment of the reconstruction limits by the City's construction inspector.
OTHER CONDITIONS
9. Prior to the City Engineer's approval of the Final Parcel Map, the subdivider shall post a
refundable cashier's check in the amount of $1,000.00, to guarantee the concrete work and
that a mylar copy of the recorded Parcel Map is provided to the City Engineer. The $1,000
deposit can be reduced to $100, to cover the cost of mylar copies, if the subdivider (owner)
has the concrete reconstructive work completed prior to the Final Parcel Map being
authorized for recordation by the City Engineer.
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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 my 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: \cc \reso \6pm724 l
file: PM 7241
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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 17th day of November , 1998, 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 18th day of November , 1998.
Diane Felsch, City Clerk
City of Alameda