Resolution 13174CITY OF ALAMEDA RESOLUTION NO. 1317 4
APPROVING PARCEL MAP, PM7253,
AT 1618/1620 FERNSIDE BOULEVARD
WHEREAS, an application was made on June 14, 1999, by Mihailo Crnjanski requesting Parcel
Map approval (PM7253), to subdivide a 10,593 square foot lot containing one duplex and one single -
family residence into two lots with one lot at 1618 Fernside Boulevard containing the duplex and the
other lot at 1620 Fernside Boulevard containing the single - family residence; and
WHEREAS, the application was accepted as complete on November 23, 1999; and
WHEREAS, the Parcel Map has been found by the City Engineer to be suitable for filing; and
WHEREAS, the subject property is designated Medium Density Residential on the General Plan
Diagram; and
WHEREAS, the subject property was reclassified from R -2, Two - Family Residential, to R -2 -PD,
Two - Family Residential, Planned Development Zoning District on March 16, 1999; and
WHEREAS, the Planning Board approved Planned Development Plan, PD -98 -3, and accepted
Preliminary Plan, PP -98 -2, on January 25, 1999; and
WHEREAS, the Planning Board held a public hearing on December 13, 1999 to consider the
Parcel Map and acted to recommend conditional approval of Parcel Map, PM -7253 to the City Council;
and
WHEREAS, the City Council held a public hearing on January 18, 2000 to consider this
application, and examined pertinent maps, drawings, and documents; and
Map:
WHEREAS, that the City Council makes the following findings regarding the proposed Parcel
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 protecced 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, Section 15315, Minor Division of Land into
four or fewer parcels in confoii►iance 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 -7253, and
authorizes the City Engineer to sign the Final Parcel Map, subject to the following conditions:
1.
Approved Plans. The Parcel Map shall be in substantial compliance with the plans
prepared by Robert A. Day Land Surveying, dated September, 1999, titled "Tentative
Parcel Map 7253," consisting of three sheets, marked Exhibit "A" and on file in the City
of Alameda Planning Department, except as modified by the following conditions:
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. Revisions to the Parcel Map. Prior to the City Engineer's approval, the Final Parcel Map
shall be revised to: a) Remove the word "Tentative" from the title block in the bottom
right comer of sheet 1 of 3; and b) Resubmit a revised copy of the description. The
south eastern property line for parcel one bears S42 °28' 26" W as shown on the map and
not S42 °38' 26" W as written in the sixth paragraph of the legal description.
4. Building Code. All improvements shall conform to the requirements of the Unifoiiii
Building Code, as required by the City.
5. Fire Code. All improvements shall conform to the requirements, of the Uniform Fire
Code, and all other requirements of the Fire Department. Sprinklers shall be installed
in the addition to the single - family home at 1620 Fernside Boulevard, pursuant with
requirements of the Fire Department.
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6. Construction Noise. Construction noise impacts shall be minimized by restricting
construction activities to the daytime hours specified by the Alameda Municipal Code.
The current provisions limit construction to Monday through Friday, between 7:00 a.m.
and 7:00 p.m., and on Saturday between 8:00 a.m. and 5:00 p.m., with no Sunday
construction.
7. Ilazardous Materials. The storage and handling of all hazardous and toxic materials shall
meet the requirements of the Alameda Fire Department.
8. Parking Lot Improvements. Parking lot improvements shall be completed prior to
approval of occupancy. These improvements shall include the installation of concrete
parking areas and an asphalt driveway serving both properties. All parking areas shall
be concrete, including the parking area between parcels #1 and #2. The owners shall
maintain the backup areas for all parking spaces to prevent obstructions. Prior to the
City Engineer's approval of the Final Parcel Map, the applicant shall file a deed
restriction with the Alameda County Recorder's Office in a form approved by the
Planning Director. This deed restriction would reserve the rear yard of 1620 Fernside
Boulevard for parking, in the event that the City lease is terminated. Three parking
spaces would be relocated to parcel #2 (1620 Fernside Boulevard). These parking
spaces shall be concrete and constructed to City of Alameda standards and to the
satisfaction of the Planning Director.
9. Solid Waste Control. Prior to the City Engineer's approval of the Final Parcel Map, the
property owner shall incorporate solid waste control and recycling procedures as
provided by the City of Alameda Public Works Department. Each unit shall have a
separate sewer lateral. A two -way Kelly cleanout must be installed in each sewer lateral
at the property line.
10. Lighting. No changes in permanent lighting are proposed. Any major or minor
alterations to permanent lighting shall be limited to the lowest intensity consistent with
its purpose, and shall be oriented downwards and away from sensitive receptors. New
exterior lighting shall be provided only if approved by the Planning Director.
11. Stormwater /Wastewater. The applicant shall meet conditions of approval of the
Alameda County -Wide Clean Water Program, as implemented by the City of Alameda.
The applicant shall comply with urban runoff standards required by the City of Alameda
Public Works Department, Urban Runoff Manager.
12. Lease of City -owned Parcel. Approval of this proposal is contingent on approval by the
City of all necessary changes to the lease of the City -owned parcel, including the three
parking spaces, deck encroachment, and driveway backup /turnaround area, which shall
be assigned to Parcel 2 (the single - family home parcel).
13. Construction on City Property. There shall be no construction of any structure on City
property without explicit prior approval by the City.
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14. Planning Depail„ient Inspection. The site shall be inspected by the Planning Department
staff and found in compliance with all conditions and plans prior to issuance of the
Certificate of Occupancy and/or prior to the City Engineer's approval of the Final Parcel
Map. The applicant should allow (3) working days notice to the Planning Department
for this inspection.
15. Traffic. The City requires the project applicant to contribute a fair share toward off -site
traffic improvements that could alleviate congestion at selected locations, including
improvements to approaches to Interstate 880 near Oak, Jackson, Broadway and
Harrison Streets in Oakland, as described in the October 14, 1999 Fehr and Peers traffic
study, page 3 and Tables 6 and 7. The City Engineering office has projected a
requirement which is estimated at approximately $12,500 payable to the City, although
this is an estimate and not a limit to the mitigation to be calculated by the City
Engineering office prior to issuance of building permits.
16. 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 Mihailo Cnijanski,
or his successor /s 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 1618/1620 Fernside Boulevard 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.
Utilities. Prior to the City Engineer's approval of the Final Parcel Map, all overhead
utilities shall be placed underground within the proposed subdivision, pursuant with City
of Alameda Code, Section 30 -84.7.
18. Myla" 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.
19. Acknowledgment of Conditions. The applicant shall acknowledge in writing all of the
conditions of approval and must accept this approval subject to those conditions.
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 or final action on any appeals plus extensions authorized by California Code of Civil Procedure
Section 1094.6.
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NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020 (d) (1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations and
exactions. The applicant is hereby further notified that the 90 day appeal period in which the applicant
may protest these fees and other exactions, pursuant to Government Code Section 66020 (a) has begun.
If the applicant fails to file a protest within this 90 day period complying with all the requirements of
Section 66020, the applicant will be legally barred from later challenging such fees or exactions.
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 18th day of January , 2000, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 5.
NOES: None.
AB SENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
19th day of January , 2000.
Diane Felsch, City Chxk
City of Alameda