Resolution 13066CITY OF ALAMEDA RESOLUTION NO. 13 0 h 6
APPROVING PARCEL MAP, 7374, AT 1325 ATLANTIC AVENUE
(200 -600 WIND RIVER WAY)
WHEREAS, an application was made on October 13, 1998 by Wind River Systems
requesting approval for a Parcel Map for a five -lot division of an approximately 32 -acre property
for each of five office and /or research and development buildings with designated parking areas,
located at 1325 Atlantic Avenue (200 -600 Wind River Way); and
WHEREAS, the application was accepted as complete on October 20, 1998; and
WHEREAS, the subject property is designated General Industry, Parks and Public Open
Space and Open Space Habitat on the General Plan Diagram; and
WHEREAS, the subject property is located in a CM -PI?, Commercial Manufacturing Zoning
District/Planned Development Combining Zoning District; and
WHEREAS, on September 16, 1997, the City Council of the City of Alameda adopted
Mitigated Negative Declaration, IS -97 -2, and a Mitigation Monitoring Program to address the
environmental impacts related to the Wind River Planned Development which included the proposed
of configuration; and
WHEREAS, on August 28, 1997, the Planning Board approved Planned Development PD
97 -02 which permitted the development of the Wind River Systems corporate campus, consisting
of a total of 371,000 gross square feet in five buildings; and
WHEREAS, the Planning Board held a public hearing on the Parcel Map 7374 application
on October 26, 1998, and examined pertinent maps, drawings, and documents related to the
application and recommended to the City Council approval of the Parcel Map with conditions; and
WHEREAS, the City Council held a public hearing on the Parcel Map 7374 application on
November 17, 1998 and examined pertinent maps, drawings and documents related to the application
and found the Parcel Map to be in compliance with City and State regulations for parcel maps; and
WHEREAS, the subject property is located within the boundaries of the Business and
Waterfront Improvement Project; and
WHEREAS, the City Council has made the following findings:
1) The proposal, with its design and improvements, is consistent with applicable
General Plans and Specific Plans because the General Plan Land Use Element designates this site
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for these uses and because the proposal has been determined to be consistent with the Business and
Waterfront Improvement Plan of the Community Improvement Commission.
2) The site is physically suitable for the type of development because the site is flat
and has suitable access, and sufficient area to provide sufficient parking and public access to support
the intensity of development permitted by the Planned Development.
3) The site is physically suitable for the proposed density of development because
the parking demand and traffic flow resulting from the approved Planned Development are
consistent with adequate parking and access on the site.
4) The design of this subdivision or proposed improvement is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. Neither the 20.4 acres of land nor 11.7 acres of water and dock area on the site will
be developed in a manner to damage environmental resources, nor do these areas contain endangered
fish, wildlife or their habitat. There is a small wetland area (less than 0.1 acre) designated on the
north portion of parcel 1 that would be protected as part of the open space easements required by the
BCDC permit.
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 the access has been established by a Planned Development and would be
preserved by easements associated with the Parcel Map.
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 City Council of the City of Alameda
hereby accepts and approves Parcel Map 7374 (PM case 98 -05), subject to the following conditions:
Approved Plan. The Parcel Map shall conform to plans dated October 20, 1998 on file in
the Planning Department offices, titled "Parcel Map 7374, Wind River Systems" prepared
by Brian Kangas Foulk Civil Engineers, consisting of 3 sheets showing 5 parcels, and
marked Exhibit "A ".
2. Vesting. 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 subdivider applies
for an extension at least 30 days prior to expiration, and is granted an extension.
3. Hold Harmless. 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
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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, which action is brought in the time provided 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 fully cooperate 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.
4. Easements. The subdivider shall comply with the following:
a) Cross- easements for parking, access and utilities across each parcel, in favor of each
other parcel shown on the Map shall be provided. Access shall include easements
from the main entrance and the secondary entrance to the perimeter and shoreline
roadways which provide emergency access for fire protection and other public
services, to the approval of the City Engineer. These may be shown on the Parcel
Map or established by a separate agreement which is referenced on the Parcel Map.
The Parcel Map shall indicate that the shoreline area is subject to public access
requirements. This requirement may be satisfied by adding a note to the Parcel Map
referring to the recorded Bay Conservation and Development Permit 9 -97 which sets
out this requirement.
Engineering Requirements. Prior to recordation the Parcel Map shall be revised as follows,
to the satisfaction of the City Engineer:
a) The owner's statement shall provide additional information as to easements between
parcels. The easements that will be required are for private storm drain and sanitary
sewer lines; surface storm runoff, driveway and parking, utility laterals, and
communications, among others.
b) The Parcel Map number designation from the Recorder of the County of Alameda
(number 7374) shall be noted on the record map.
The Lot Adjustment Map of the boundary between the subdivider's property and the
Encinal Yacht Club shall be recorded by the Assessor of the County of Alameda
prior to final recordation of the Parcel Map, and the Parcel Map shall show the
adjusted Encinal Yacht Club property line.
d) The Parcel Map shall show standard geographical coordinates.
e) Lot line boundaries shall be shown with broken lines between solid lines, not as solid
lines.
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6. Provision of Information to City Engineer. Prior to recording the Parcel Map, the applicant
shall provide a map sheet to the satisfaction of the City Engineer designating existing parcel
lines, as well as deed descriptions of existing parcels and recorded copies of the lot line
adjustment maps, designated by the City LLA -97 -069 and LLA -97 -070. The City Engineer
may require minor corrections to the map to be consistent with the existing parcel boundaries
and the deeds of recorded L'LA's.
7, Fire Department Conditions. The location of all private fire mains, hydrants and related
easements as shown on Sheet C -5 of the Planned Development PD -97 -02 and Design
Review DR -97 -54 approval and that certain plan sheet, provided by the applicant with the
parcel map submission, on file with the Planning Department, dated August 21, 1998 and
date stamped October 20, 1998 by BKF Engineers shall be referenced on the map by referral
to a separate recorded document. The map shall also reference an agreement, recorded in a
separate document, binding on all of the parcels for maintenance and responsibility for the
private fire mains and hydrants within the parcel map area and for the single generator for
emergency lighting.
8. Corrections. The subdivider shall make corrections and changes to the Parcel Map, and shall
pay such established City fees, as are designated by the City Engineer. Alternatively, the
City Council authorizes the City Engineer to sign a revised Parcel Map which includes an
approximately 30 foot by 176 foot area at the northwesterly corner currently owned by the
applicant. This area was intended to be conveyed to the adjacent property owner through a
lot line adjustment to be recorded prior to the recordation of the Parcel Map. In the event
that the lot line adjustment cannot be recorded in a timely manner, the Parcel Map may be
revised to include this area at this time, and a lot line adjustment may be done subsequently.
9. Mylar Copy. The subdivider shall provide a refundable cashier's check in the amount of
$80.00 to the City to guarantee that a mylar copy of the recorded Parcel Map is provided to
the City Engineer.
10. Street Addressing. The subdivider shall ensure that the Alameda County Assessor is
provided at the time of map recordation with the street addresses for the parcels shown on
the map. This may be satisfied by adding a note to the Parcel Map showing the addresses
assigned to each parcel, by a separate sheet recorded concurrent with the Parcel Map or by
some other means proposed by the subdivider and satisfactory to the Planning Director.
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.
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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, Lucas
and President Appezzato - 4.
NOES: None.
ABSENT: None.
ABSTENTIONS: Councilmember Kerr - 1.
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