Resolution 13783CITY OF ALAMEDA RESOLUTION NO. 13 7 8 3
APPROVING TENTATIVE PARCEL MAP NO 8401 FOR
A ONE- LOT SUBDIVISION FOR 15 COMMERCIAL
CONDOMINIUM UNITS AT 2340 AND 2350 NORTH LOOP ROAD
WHEREAS, an application was made on April 30, 2004, by Kier and Wright
Associates for Venture Commerce Center requesting a Tentative Parcel Map No. 8401 for a one -lot
subdivision of `New Parcel 9' of lot adjustment map of Parcel Map No. 5274, consisting of 3.44
acres for fifteen (15) commercial condominium units; and
WHEREAS, the Tentative Parcel Map was deemed Incomplete with comments
dated May 25, 2004, and was accepted as Complete on July 27, 2004; and
Diagram; and
WHEREAS, the subject property is designated as Business Park on the General Plan
WHEREAS, the subject property is located in a C -M -PD, Commercial
Manufacturing, Planned Development Zoning District; and
WHEREAS, the Planning Board held a public hearing on this application on August
9, 2004, and recommended approval of the Tentative Parcel Map 8401 to the City Council; and
WHEREAS, the City Council held a public hearing on November 16, 2004, to
consider the Tentative Parcel Map and examined pertinent maps, drawings and documents; and
WHEREAS, the City Council makes the following findings regarding the proposed
Tentative Parcel Map:
1. The proposal is consistent with the applicable General Plans and Specific Plans
because the proposal is with consistent office /research and development use, which
promotes implementation of General Plan policies for the Harbor Bay Business
Park.
2. The design or improvement of the proposed subdivision is consistent with the
applicable General Plans or Specific Plans because the project will permit a
conversion from single ownership to divided ownership and does not include any
improvements to the site or the existing approval to build the buildings. The
General Plan calls for business park uses at this location and the proposal is
consistent with that designation.
3. The site is physically suitable for the type of development. A change to
ownership pattern will have no effect on the approved site development.
4. The site is physically suitable for the density of the development. A change to
ownership pattern will have no effect on the approved density of the site.
Page 1
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. Improvements proposed for the site are not related to the
parcel map, rather to the approved Planned Development Amendment /Final
Development Plan and there is no significant wildlife habitat on the site
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 easements are required to be retained and additional necessary
access and other easements are being provided.
7. The design of the subdivision or the type of improvements is not likely to cause
serious public health problems. The change to ownership pattern will not affect
public health.
8. Conformity with the Planned Development is achieved. Approval of this
Tentative Parcel Map shall be subject to the applicant securing approval of CC &
R's which addresses parking and landscaping.
NOW, THEREFORE BE IT RESOLVED, that the Planning Board of the City of
Alameda finds in compliance with the California Environmental Quality Act (CEQA) that an
Environmental Impact Report for the Harbor Bay Business Park, including this site, was approved
and pursuant to CEQA Section 15162, no new significant environmental impacts have been
identified, nor have mitigation measures previously found to be infeasible become feasible since the
EIR was adopted; therefore no additional review pursuant to CEQA is required.
BE IT FURTHER RESOLVED that the Planning Board hereby recommends that
the City Council approve Tentative Parcel Map, PM -8401, subject to the following conditions:
APPROVED PLANS
1. The Final Map shall be in substantial compliance with the plans prepared by Kier and
Wright Engineers dated January 2004, titled "Tract 8401" showing parcels, consisting of
two sheets, marked Exhibit "A" and on file in the office of the City of Alameda Planning
and Building Department.
VESTING
2. The Tentative Parcel Map shall expire two (2) years from the date of approval unless vested
by the recordation of the Final Parcel Map. Alternatively, the applicant may seek an
extension by the City Council prior to the end of the two (2) year period.
Page 2
HOLD HARMLESS
3. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires
as a condition of this Parcel Map approval 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 the subject
property, which action is brought within the time period provided for in Government Code
Section 66499.37. The City of Alameda shall promptly notify the developer of any claim,
action or proceeding and the City shall cooperate fully in the defense. If the City fails to
promptly notify the developer of any claim, action, or proceeding, or if the City fails to
cooperate fully in the defense, the developer shall not hereafter be responsible to defend, or hold harmless the City. '
ACKNOWLEDGEMENT OF CONDITIONS
4. The applicant shall acknowledge in writing all conditions of approval and accept this permit
subject to conditions, with full awareness of applicable provisions of the Alameda
Municipal Code for this Tentative Parcel Map to be exercised.
CONDOMINIUM PLAN AND CC &R'S
5. A condominium plan and covenants, conditions and restrictions (CC &R's) shall be
submitted for review and approval by the Planning Director, City Engineer and City
Attorney prior to recording of the Condominium Plan and CC &R's with the County of
Alameda and in accordance with the Subdivision Map Act. The CC &R's shall
establishes joint maintenance responsibilities, common area easements for ingress,
egress, parking, utilities including storm drains and sanitary sewer pipes, surface
drainage, sidewalks, common area landscaping and lighting. The CC & R's and condo
plan shall include a schedule in tabular form that indicates the required number of
parking spaces per parcel based on floor area per building story in accordance with the
Alameda Municipal Code parking space requirements.
OTHER CONDITIONS
6. 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 consulting surveyor.
7. The subdivider shall provide to the Engineering Division a cashier's check in the amount of
$200.00 to guarantee a mylar copy of the recorded final Parcel Map in a form approved by
the City Engineer.
Page 3
URBAN RUNOFF/DRAINAGE
8. Pursuant to PDAIFDP conditions, storm drain and sanitary sewer pipes, manholes, catch
basins, inlet filters, storm drain clean water treatment separator structures are private, not
public. ` Cleaning and maintenance will be the responsibility of the property owners as per
the CC &R's:
WHEREAS, applicant snail fnie a separate condominium plan and covenants,
conditions and restrictions, for condominium purposes, and
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 exactions. The applicant is hereby further notified that the ninety (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
ninety (90) day period complying with all 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 the regular meeting of the City Council
on the 16th day of November, 2004, by the following vote to wit:
AYES: Councilmembers Daysog, Gilmore, 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
17th day of November, 2004.
Lara Weisiger, City Clerk
City of Alameda