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Resolution 13577CITY OF ALAMEDA RESOLUTION NO. 13577 APPROVING TENTATIVE PARCEL MAP, TM -7966, FOR A THREE LOT SUBDIVISION AT 3203, 3205 AND 3207 FERNSIDE BOULEVARD WHEREAS, an application was made on July 2, 2002, by George and Mary Carder requesting approval of Tentative Map, TM -7966, to subdivide an approximately 13,800 square feet parcel into three lots of approximately 4,125 square feet, 4,290 square feet and 5,451 square feet; and WHEREAS, the application was found Incomplete for processing on August 1, 2002; and WHEREAS, upon expiration of a Planned Development on August 27, 2002, an application for a new Planned Development was also filed; and WHEREAS, the application was accepted as complete on February 1, 2003; and WHEREAS, the subject property is designated Medium Density Residential on the General Plan Diagram; and WHEREAS, the subject property is located in a R -2/PD, Two Family Residence, Planned Development Combining District; and WHEREAS, the Planning Board held a public hearing on February 24, 2003, to consider the Planned Development PD01 -03, reinstating the previously approved Planned Development which expired in August 2002, and recommending approval of Tentative Parcel Map 7966 to the City Council; and WHEREAS, the City Council held a public hearing on April 15, 2003 to consider the Parcel Map and examined pertinent maps, drawings and documents; and Map: WHEREAS, the City Council makes the following findings regarding the proposed Parcel The proposal is consistent with the applicable General Plan which specifies residential uses for this site; the planned land use is residential. 2. The site is physically suitable for the type of development proposed. The site has been 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 density is consistent with the minimum density of one unit per 2,000 square feet of parcel area. 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. The site is located within an urbanized area; no known wildlife habitat or endangered species exist on the site. 5. The design of the subdivision or the type of improvements will not cause serious public health problems. The proposal is for retention and more optimal use of existing residential uses at the site. WHEREAS, the Planning Board and City Council of the City of Alameda determined that the proposal is exempt from CEQA, Guidelines, Section 15315, minor land divisions. NOW THEREFORE BE IT RESOLVED that the City Council hereby approves Tentative Map, TM -7966, for 3202, 3205 and 3207 Fernside Boulevard with the following conditions: cel Map In Fulfillment of Planned Development L All regulations of the Alameda Municipal Code shall apply to PD01 -03 except where the express provisions have otherwise been made in the Planned Development approval. The Planned Development and Parcel Map division shall be constructed in substantial compliance with the plans dated June 20, 2001 (site plan) and December 10, 1984 (building plans), titled "3203 -3207 Femside, Mr. And Mrs. George Carder," prepared by Design Planning Associates, Mill Valley CA et al., stamped July 9, 2001 in 4 sheets marked Exhibit "A," on file in the office of the City of Alameda Planning Department except as modified by conditions of this Resolution. 2. The minimum parcel size under PD01 -03 shall be not less than 4,199 square feet for 3203 Femside, 4,141 square feet for 3205 Fernside and 5,723 square feet for 3207 Fernside, except that adjustments of approximately 2% between parcels may be allowed by the Public Works Director in the final Parcel Map. 3. A minimum of 6 covered and 4 open parking spaces shall be provided on -site if a sixth unit is developed, and the existing north unit has two bedrooms, in which case one of the two existing downhill spaces would be maintained in the northerly parcel; or both spaces would be maintained if either of the north parcel units have three bedrooms; as long as only 5 dwellings remain on- site, the existing 9 parking spaces have been found to be. sufficient. Garages and guest parking spaces shall be available and used for parking only and shall not be converted to other uses. Parking shall not be permitted on any driveway within the development. Garage doors shall be equipped with garage door openers and shall not open over property lines. The Covenants, Conditions and Restrictions (CC & R's) established for this project shall incorporate these restrictions. 2 4. Private driveways shall be a width as shown on "Exhibit A," subject to review and approval by the Planning and Building Director and the Public Works Director. A minimum vertical clearance width of 14 feet for street trees shall be maintained for access by Fire Department vehicles, delivery trucks and moving vans. 5 . As part of the submission for the Final Parcel Map, the applicant shall submit for review a copy of the proposed CC & R's or other mutual covenant agreement which provide for maintenance of all common facilities, such as the private driveway and utilities, not accepted for maintenance by a public agency, and includes any easement to homeowners for maintenance of landscaping along the private driveway, open space and perimeter fencing and walls to the satisfaction of the Planning and Building Director in consultation with the City Engineer and City Attorney. 6. An instrument shall be recorded concurrently with the Parcel Map of each property deed detailing the Parcel Map Owners' Statement easements, by metes and bounds description, including a mutual covenant which establishes joint maintenance responsibilities. The instrument shall cover the maintenance, repair and replacement of shared facilities: curb, gutter, driveway, sidewalk and planter strip within the City right-of-way and access drives, sanitary sewer main, landscaping, irrigation, fire standpipes and lines,' fences, waste collection area, and maintaining surface drainage, inlets and storm drainage lines within the parcels. 7. 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 form approved by the City Engineer. 8. The existing concrete driveway within the City right -of -way shall be reconstructed to the satisfaction of the City Engineer. The applicant shall obtain all applicable permits for the required improvements and pay all permit fees as assessed at the time of permit application based upon the Central Permit Office's rate schedule for work applicable to these conditions of approval. 9. The subdivider shall pay for all reasonable office and engineering costs expended by the City Engineer's office including overhead in conjunction with reviewing the Parcel Map and in obtaining the map signature of the City's consultant surveyor. 10. The Tentative Parcel Map shall expire two (2) years from the date of approval unless vested by the recordation of the Final Map or the subdivider applies for an extension at least 30 days prior to expiration, and is granted an extension by the City Council prior to the end of the two (2) year period. 3 General Requirements 11. The parcel map shall be in substantial compliance with the tentative parcel map plans prepared by Robert Day Land Surveying, dated November 2002, titled "Tentative Parcel Map 7266," consisting of four sheets, marked Exhibit "A" and on file in the City of Alameda Planning Department, except as modified by the following conditions: 12. The final parcel map shall conform to the requirements of the Subdivision Map Act, Alameda Municipal Code Real Estate Subdivision Regulations, Planning Board and City Council Resolutions applicable to the Parcel Map, and shall be acceptable to the City Engineer and Planning and Building Director. 13. 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 the applicants 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 3205/3207/3209 Fernside Avenue subdivision, 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 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. 14. 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. NOTICE. The Conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Govermnent 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. 4 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 15th day of April, 2003, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Kerr, Matarrese, and Mayor Johnson - 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 16th day of April, 2003. Lara Weisiger, City C'ierk City of Alameda