Resolution 13581CITY OF ALAMEDA RESOLUTION NO. 13581
APPROVING TENTATIVE PARCEL MAP, TM -7646,
FOR A THREE LOT SUBDIVISION AT 900 OTIS DRIVE
WHEREAS, an application was made on January 23, 2003, by Clifford Mapes requesting
approval of Tentative Parcel Map, TM -7646, to subdivide the existing approximately 0.42 acres
parcel at 900 Otis Drive into three lots of 6,514 square feet, 6,335 square feet and 5,280 square feet;
and
WHEREAS, the application was found Incomplete for processing on February 20, 2003; and
WHEREAS, a Planned Development was adopted in August 2000 and renewed in May,
2002, to allow reduced setbacks and other standards in exchange for enhanced design and
landscaping at the corner of Otis Drive and Westline Drive, a neighborhood entrance; and
WHEREAS, the application was accepted as complete on March -3, 2003; and
WHEREAS, the subject property is designated Low Density Residential on the General Plan
Diagram; and
WHEREAS, the subject property is located in a R -1/PD, One Family Residence, Planned
Development Combining District; and
WHEREAS, the Planning Board held a public hearing on March 24, 2003, and
recommended approval of Tentative Parcel Map 7646 to the City Council; and
WHEREAS, the City Council held a public hearing' on May 6, 2003 to consider the Parcel
map and examined pertinent maps, drawings and documents; and
WHEREAS, the City Council makes the following findings relative to compliance with the
Planned Development:
1. The proposed land division is compliant with the Planned Development and is
consistent with tl e General Plan because the division of the property into three parcels,
pursuant to the Planned Development request, would retain the residential characteristics
identified in the General Plan.
2. The proposed land division is compliant with the Planned Development and will not
affect the density standards of the neighborhood in which it is located because one
existing building is already on the site and the density for the other two dwellings does not
exceed that typical of residences within the R -1, One - Family Residential Zoning District and
all parcels would exceed the minimum requirement 5,000 square foot of that Zoning District.
3. The proposed land division would be compliant with the Planned Development,
approved as a preliminary plan for a subsequent Parcel Map, and would likely comply
with the provisions of the Subdivision Map Act and the Alameda Subdivision
Regulations because the configuration of access and the location of the utilities and the
residential buildings and open spaces would create usable residential properties connected
with adequate ingress and egress.
Map:
WHEREAS, that the City Council made the following findings regarding the proposed Parcel
1. 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 5,000 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, expansion and more optimal use of
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 approves Tentative Map,
TM -7646, for 900 Otis Drive at Westline Drive with the following conditions:
CONDITIONS APPLICABLE PRIOR TO THE APPROVAL OF THE PARCEL MAP
BY CITY COUNCIL.
1. 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.
2. As part of the submission for the Final Parcel Map, the applicant shall submit for review a
copy of the proposed restrictions which provide for maintenance of all facilities of common
interest, not accepted for maintenance by a public agency, and includes an easement to
homeowners for maintenance of landscaping along driveways, 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.
3. The Tentative Parcel Map shall comply with the Planned Development.
4. The parcel map shall be in substantial compliance with the tentative parcel map plans
prepared by Andreas Deak, dated December 10, 2002, titled "Tentative Parcel
Map 7646," consisting of two sheets, marked Exhibit "A" and on file in the City of
Alameda Planning Department, except as modified by the following conditions:
5. 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.
6. 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.
7. 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.
8. The Tentative Parcel Map shall expire two (2) years from the date of approval unless vested
by the recordation of the Final Map. Alternatively, the applicant may seek an extension by
the City Council prior to the end of the (2) year period.
II. PRIOR TO ISSUANCE OF BUILDING PERMITS
9. No building permits for Parcel A or B shall be issued until the final map has been recorded
with the County.
10. The following shall be included with the building permit plans for review and approval by the
City Engineer, unless waived by the City Engineer:
a) Individual plot plans showing building foundation foot print, lot boundary, offset
dimensions of buildings to property lines, drainage swales, hi /low /spot/pad elevations
necessary for final grading to the satisfaction of the City Engineer. Surface drainage
must slope away from all buildings and can not cross rear or side property lines. The
minimum acceptable grade for surface flow and swales, except paved areas, after
settlement, is 1%. Roof leader down spouts shall outfall and not be connected to pipes
draining to curb face.
b). Standard City of Alameda two -way property cleanouts shall be provided at all house
laterals and shall conform to Drawing 8397, Case 34.
c) . A note stating that existing streets cut for the connection of streets or utilities shall be
patched with a standard street patch conforming to the City's standard plan.
d). Improvements within the city right of way shall conform to City standards and shall
be to the approval of the City Engineer. Improvement plans shall be submitted in
conjunction with the building plans and shall show curb, gutter, sidewalk with
dimensions, offsets and grades.
Landscape and irrigation plans including right -of -way planter strips shall be
to the approval of the City Engineer and Planning/Building Director in conjunction
with submittals of building permit plans. No permanent structures including trees
shall be allowed within easement areas. Show easements-on plan.
11. Pay all applicable fees including the Citywide Development Fee in accordance with the
fee schedule in effect at the time of issuance of building permits.
III. DURING CONSTRUCTION
12. The following control measures for construction noise, grading, and construction activities
shall be adhered to, unless otherwise modified or approved by the City Engineer:
a) Limit construction activity to 7:00a.m. to 7:OOp.m., Monday to Saturday, unless
otherwise approved by the City Engineer. Noise- generating construction activities
shall be limited to the hours of 8:OOa.m. and 5:OOp.m. No construction activity shall
be permitted on Sundays or State and Federal holidays. Work requiring City
construction inspection beyond 3:30p.m. will require payment of City construction
inspector at time and one -half (1 -1/2). No traffic lane closures will be permitted
outside the hours of 9:OOam and 3:OOpm or without an approved traffic control plan;
b). Grading and construction equipment shall be properly muffled. Unnecessary idling of
grading and construction equipment is prohibited;
c). Stationary noise - generating construction equipment, such as compressors, shall be
located as far as practical from occupied residential housing units;
d). Remove all dirt, gravel, rubbish, refuse and waste from the sidewalk, street
pavement, and storm drain system adjoining the project site. During wet weather,
avoid driving vehicles off paved areas and other outdoor work;
e). Daily clean up of trash and debris shall occur on all public streets in the project
vicinity. Broom -sweep sidewalks and adjoining public streets as necessary and as
directed by the construction inspector.
f). The site shall be watered as needed to control dust emission.
g). Create a contained and covered area on the site for the storage of cement bags, paints,
flammables, oils, fertilizers, pesticides, or any other materials used on the project site
that have the potential for being discharged to the storm drain system by wind or in
the event of a material spill.
h). Gather all construction debris on a regular basis and place them in a dumpster or
other contained area When appropriate, use tarps on the ground to collect fallen
debris or splatters that could contribute to stormwater pollution.
i). In order to retain any debris or dirt flowing into the Citystorm drain system, filter
materials (such as sandbags, filter fabric, etc.) shall be installed at the storm drain
inlet nearest the downstream side of the project site prior to the start of the rainy
season (October 15, 2003) and prior to initiating any of the following activities:
(1) site dewatering activities;
(2) street washing activities;
(3) saw cutting asphalt or concrete
Filter materials shall be maintained and/or replaced as necessary and shall be disposed
of in the trash.
j). Never clean machinery, tools, brushes, etc. or rinse containers into a street, gutter,
storm drain or stream. See the City's Building Maintenance /Remodeling flyer for
more information.
k). Ensure that concrete /gunite supply trucks or concrete /plaster finishing operations do
not discharge washwater into street gutters or drains.
1). All erosion prevention and sediment control measures shall be maintained and
repaired throughout the season. Replacement supplies should be kept on hand
and/or on site.
IV. PRIOR TO ACCEPTANCE OF IMPROVEMENTS
13. Any improvements damaged during construction shall be repaired to the satisfaction of the
City Engineer. Pavement repair, reconstruction, or full asphaltic concrete overlay will be
required by the City Engineer for pavement damaged during construction.
14. Developer shall have completed all pet it conditions, paid outstanding bills to the City,
and obtained final permit sign -offs.
15. Verify to the satisfaction of the engineer that the as -built transformer location is within
the 10'x10' easement shown on the recorded Parcel Map. If not within the easement,
provide new easement and abandon existing easement to the satisfaction of the City
Engineer.
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 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 900 Otis Drive /Westline Dr. 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.
17. 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 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.
g: p lan n ing \pb \RES0\2003 \5TM76
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 6`''
day of May, 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
7th day of May, 2003.
Lara Weisiger, City Cle
City of Alameda