Resolution 13322CITY OF ALAMEDA RESOLUTION NO.13 3 2 2
APPROVING PARCEL MAP, PM7654,
AT 2415 MARINER SQUARE DRIVE,
FOR MARINER SQUARE ASSOCIATES
WHEREAS, an application was filed on December 18, 2000 by Mariner Square Associates for
a parcel map to divide approximately 6.03 acres at 2415 Mariner Square Drive into two parcels of
approximately 4.17 and 1.86 acres respectively, in order to provide for separate ownership and
development of a boat storage building and an assisted living facility, as part of a mixed -use
development; and
WHEREAS, the application was found to be incomplete pursuant to the Permit Streamlining
Act on January 8, 2001; and
WHEREAS, the application was found to be complete on February 7, 2001; and
WHEREAS, the Parcel Map has been found by the City Engineer to be suitable for filing; and
WHEREAS, the subject property is designated M -U -2 Specified Mixed Use on the General Plan
Diagram; and
WHEREAS, the subject property is within the M -2 /PD (General Industrial /Planned
Development) Zoning District; and
WHEREAS, the Planning Board approved Planned Development Plan, PDA- 00 -02, and
accepted Preliminary Plan, on February 14, 2000, which was upheld on call for review by the City
Council on March 21, 2000 and April 18, 2000; and
WHEREAS, the Planning Board held a public hearing on February 26, 2001 to consider the
Parcel Map and acted to recommend conditional approval of Parcel Map, PM -7654 to the City Council;
and
WHEREAS, the City Council held a public hearing on March 20, 2001 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
1. The design of the proposed parcel division is consistent with the General Plan which
specifies mixed uses such as assisted living, boat storage, restaurant, office and marina uses for
this site.
2. The site is physically suitable for the type of development proposed. The site will be graded
to accommodate the proposal and, as conditioned below, existing drainage issues will be
resolved.
3. The site is physically suitable for the proposed density of development. The building and
parking densities for each parcel have been approved under Planned Development and Major
Design Review for the assisted living, boat storage, restaurant, office and marina uses of the site.
4. The design of the parcel division or proposed improvement will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat. The site is located within an urbanized area and no environmental areas exist except
waters of the Estuary which are protected by conditions of other entitlements.
5. The design of the parcel division or the type of improvements will not cause serious public
health problems. The lot division does not add any entitlements with public health affects
different than those analyzed and approved in previous City environmental documents.
6. The design of the parcel division or improvement will not conflict with easements acquired
by the public at Large for access through or use of property within the subdivision. Existing
and planned easements for public access will be consistent with Planned Development approval.
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 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 -7654, and
authorizes the City Engineer to sign the Final Parcel Map, subject to the following conditions:
I. GENERAL CONDITIONS
1. The final map shall be prepared in conformance with the approved parcel map, PM -7654,
marked as "Exhibit A ", on file in the office of the City of Alameda Planning Department,
subject to and as modified by the following conditions:
2. All conditions contained in Planning Board Resolution PB 00 -10 for the initial Planned
Development, Use Peiniit and Major Design Review approval and in Planning Board Resolution
PB 00 -53 for the Planned Development Amendment, Use Permit and Major Design Review
approval are incorporated by reference and shall be a part of this parcel map. In particular, all
easements and agreements related to parking, access and utilities shall be recorded prior to or
in conjunction with the filing of the final map subject to approval by the City Engineer.
3. All improvements shall be designed and constructed at no cost to the City in accordance with
the City of Alameda standard plans and specifications unless otherwise indicated, as approved
by the City Engineer. City costs for review and approval of the project (through acceptance of
improvements) shall be paid for in a timely manner by the developer.
4. Maintenance responsibilities for common facilities shall be the responsibility of the property
owners as specified herein.
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5. The final map shall confoini to the requirements of the Subdivision Map Act, Alameda
Municipal Code Real Estate Subdivision Regulations, Planning Board and City Council
Resolutions applicable to the Final Map, and shall be acceptable to the City Engineer and
Planning Director.
6. Prior to the approval of the Final Map or approval of the Improvement Plans, the project
proponent shall provide deeds, title report of property owner(s), adjoining deeds and closure
calculations.
7. Prior to approval of the Improvement Plans, covenants and restrictions for maintenance of
easements, the shoreline park and trail, shared parking and other jointly used portions of the site
shall be submitted to and approved by the City Attorney and Planning Director.
8. All street improvements along the west side of Mariner Square Drive shall be designed and
constructed in accordance with the City of Alameda standard plans and specifications as
specified herein. Maintenance responsibilities for common facilities shall be the responsibility
of the property , owners as specified herein.
II . CONDITIONS APPLICABLE PRIOR TO THE APPROVAL OF THE PARCEL MAP
BY CITY COUNCIL.
9. Two easements labeled `Easement A' for Parcel 1 and `Easement B' for Parcel 2 shall be added
to Sheet 2. The Owner's Statement on Sheet 1 shall include a statement: "And, said owner
hereby establishes the rights and declares that those strips and parcels of land designated as
"Easements A and B" on said map may be used for construction, installation, maintenance and
operation of facilities for parking, ingress, egress, access and circulation driveways, landscaping
and appurtenant features, lighting systems, landscape irrigation systems, surface drainage,
privately owned sanitary sewers, storm sewers, electrical systems, telephone systems, gas and
water services, and appurtenances thereto, all for the benefit of the owner's of Parcel 1 and 2;
said "Easements A and B" shall not extend within 5 feet of any approved permanent building.
Maintenance responsibility shall be borne equally (or specify a percentage for both Parcel 1 and
2) by the property owners."
10. An existing 30' wide ingress /egress private easement between Parcel 2 and State of California
Department of Transportation (Caltrans) is not shown. This easement shall be shown to be
abandoned by separate instrument.
11. The Owner's Statement shall be signed and notarized. The Engineer's Statement shall be
signed.
12. Existing County of Alameda assessor's parcel numbers and lines for AP #74- 905 -3 -1 and
AP #74- 905 -3 -2 shall be shown.
13. New parcel addresses shall be provided to the satisfaction of the Building Official.
14. The setback distance between the proposed northern parcel line of Parcel 2 and the northern
eastern corner of the existing building shall be shown on Sheet 3.
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15. The subdivider shall post a refundable cashier's check in the amount of $200 to guarantee that
a mylar copy of the recorded Parcel Map is provided in the foui,i approved by the City Engineer.
III . CONDITIONS APPLICABLE PRIOR TO RECORDATION OF THE PARCEL MAP
WITH THE COUNTY OF ALAMEDA
16. The existing building shown to be removed within Parcel 2 shall be demolished prior to
recordation of the Parcel Map unless it can be shown that the proposed setback clearance
between the new northern parcel line of Parcel 2 and the existing wall, including eaves or other
overhangs, complies with all the requirements of the Unifoint Building and Fire Code and /or
as conditioned by the City of Alameda Building Official.
17. All reasonable office and engineering costs expended by the City Engineer's office, including
overhead, in conjunction with reviewing the Parcel Map, shall be paid for by the subdivider.
IV . CONDITIONS APPLICABLE PRIOR TO ISSUANCE OF BUILDING PERMITS
Easements
18. A separate easement for public access to the shoreline park will be required prior to issuance of
building permits per Condition #7c of City Council Resolution No. 13207.
19. A nonexclusive easement for construction, maintenance, access and usage of the frontage
parking lot area located on Caltrans right of way will be required prior to issuance of building
permits per Condition #7a of City Council Resolution No. 13208.
20. Public Utility Easements shall be granted to the City for all transformers, including trunk lines
to the satisfaction of Alameda Power & Telecom and the City Engineer.
21. The existing 30' wide ingress /egress private easement between Parcel 2 and Caltrans as noted
in Section II, Item 8, above shall be abandoned by separate instrument.
22. The easements identified in Section IV, Items #16 -18, above shall be described by metes and
bounds along the perimeter, not along centerline. Plats, description and grant certificates shall
be prepared by a licensed Civil Engineer or Land Surveyor to the satisfaction of the City
Engineer.
Improvement plans
23. Improvement, landscaping and irrigation plans for the proposed on -site and off-site parking lots,
shoreline park, and Mariner Square Drive improvements shall be provided separately or
incorporated into the architectural drawings for the proposed building(s). All design criteria
within the geotechnical report shall be incorporated into the plans. The Mariner Square Drive
improvements consisting of the area between the new curb edge and right -of -way, and any
trench reconstruction with the street pavement shall be designed to City standards and to the
satisfaction of the City Engineer. Sidewalk on Mariner Square Drive shall be four (4) feet wide
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to allow for a minimum six (6) foot wide curbside planter strip (includes 0.5 foot curb width).
Wheelchair ramps shall be provided.
24. Proposed sanitary sewers and storm drains shall be shown as part of the improvement plans.
The proposed sanitary sewer line shall be extended to Parcel 1 to serve the future boat storage
building and not terminated within Parcel 2 as currently shown on Sheet 3 of the Parcel Map.
A City of Alameda standard manhole shall be provided where the development stolin drain
connects to the City's storm drain on Mariner Square Drive. Existing sewer and storm drains
that are to be abandoned shall be removed in their entirety, not abandoned in place.
25. City standard two -way property cleanouts shall be provided at all sewer laterals.
26. Improvement plans shall include an erosion and sediment control plan incorporating best
management practices.
27. Geotechnical /soils reports shall be provided. A letter from the geotechnical engineer shall be
provided to the City Engineer that they have reviewed the improvement plans.
28. Drainage across property lines onto adjacent private property is not permitted. Existing and
proposed grades shall be shown.
Permits
29. A Caltrans encroachment permit shall be obtained for any work within the State right -of -way.
All permit conditions and fees shall be the responsibility of the developer.
30. Developer shall be responsible for obtaining and adhering to the requirements of applicable
regional, state and federal pei iuits (i.e. Bay Conservation Development Commission, Aiury
Corps of Engineer's, Regional Water Quality Control Board (RWQCB), etc.).
Fees
31. The project may be exempt from Development Fees due to approval prior to adoption of the fee.
No traffic mitigation fees were assessed due to the results of the traffic study, determining that
project impact was less than existing conditions. The project shall pay Transportation Systems
Management fee of $0.15 per square foot. Additional fees for concrete and excavation permit
work within the right -of -way will be assessed at the time of permit application based on
Building Services Office rate schedule.
V. CONDITIONS APPLICABLE PRIOR TO CONSTRUCTION
32. Obtain all necessary City pcii uits (i.e. building, grading, excavation, concrete, etc.)
33. Provide three sets of the civil portion of the drawings to the City Engineer.
34. Cut sheets for installation of the storm drain and sanitary sewer pipes shall be prepared under
the direction and signed by a registered civil engineer or licensed land surveyor and to the
approval of the City Engineer.
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VI. CONDITIONS APPLICABLE DURING CONSTRUCTION
35. Maintain traffic control and adjust accordingly as conditions warrant.
36. The following control measures for construction noise, grading, demolition and construction
activities shall be adhered to, unless otherwise modified or approved by the City Engineer:
a. Construction activities within the Mariner Square Drive street right -of -way shall be
limited to weekdays between the hours of 8:OOam and 5:00pm;
b. Grading and construction equipment shall be properly muffled;
c. Unnecessary idling of grading and construction equipment is prohibited;
d. Stationary noise - generating construction equipment, such as compressors, shall be
located as far as practical from occupied residential housings units;
e. Daily clean up of trash and debris shall occur on all public streets in the project vicinity;
f. The site shall be watered as needed to control dust emissions;
g. Pave, apply water as necessary, or apply non -toxic soil stabilizers on all unpaved access
roads, parking areas and staging areas at construction sites; and
h. Sweep daily with water sweepers, as required, all paved access roads, parking areas and
staging areas at construction sites.
The above control measures shall also apply during demolition and grading activities.
VIL OTHER CONDITIONS
37. As provided by Conditions 4 and 12 of this Resolution, the existing office building on the
proposed 1.8 acre parcel shall confoiui to the Uniform Building Code prior to the Parcel Map
being signed by the City engineer and recorded. This may be interpreted by the City Building
Official as requiring the demolition of a building comer of up to 20 feet south of the northerly
corner of this building, to provide sufficient code setbacks.
38. Hold Harmless. Pursuant to California Government Code Section 66474.9 (b), the City of
Alameda requires that the applicant, 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 this recommended Parcel Map approval, which
action is brought within the time period provide for in Government Code Section 66499.37.
The City of Alameda shall promptly notify the applicant of any claim, action or proceeding
and the City shall cooperate fully in the defense. If the City fails to promptly notify the
applicant of any claim, action, or proceeding, or if the City fails to cooperate fully in the
defense, the applicant shall not hereafter be responsible to defend, indemnify, or hold harmless
the City.
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39. Acknowledgment of Conditions. The applicant shall acknowledge in writing all of the
conditions of approval and must accept this permit subject to those conditions and with full
awareness of the applicable provisions of Chapter 30 of the Alameda Municipal Code in order
for this Parcel Map to be exercised.
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.
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 other
exactions. You are hereby further notified that the 90 -day appeal period in which you may protest these
fees and other exactions, pursuant to Government Code Section 66020(a) has begun. If you fail to file
a protest within this 90 -day period complying with all the requirements of Section 66020, you 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 a regular meeting assembled on the
20th day of March, 2001, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor 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
21st day of March, 2001.
Di . ne Felsch, City Clerk
City of Alameda