Resolution 13831CITY OF ALAMEDA RESOLUTION NO. 13 8 31
APPROVING TENTATIVE MAP TM 04 -0004 FOR A
SIXTEEN LOT SUBDIVISION AT HARBOR BAY BUSINESS PARK
WHEREAS, an application was made on December 22, 2004, by SRM Associates
requesting a Tentative Map approval in order to subdivide three parcels into sixteen parcels for
future industrial/business park users.
WHEREAS, the Tentative Map was deemed complete with comments dated February 2,
2005, and was accepted as Complete on February 9, 2005; and
WHEREAS, the subject property is designated as Business Park on the General Plan
Diagram; and
WHEREAS, the subject property is located in a C -M -PD, Conunercial Manufacturing,
Planned Development Zoning District; and
WHEREAS, the Planning Board held a public hearing on this application on February 28,
2005 and recommended approval of the Tentative Map 8574 to the City Council; and
WHEREAS, the City Council held a public hearing on March 1, 2005, to consider the
Tentative Map and examined pertinent maps, drawings and documents; and
WHEREAS, the City Council makes the following findings:
1. The proposal is consistent with the applicable General Plans and Specific Plans
Because the proposal does not propose a change in the existing consistent land use or planned
development.
2. The site is physically suitable for the type of development. The proposed project site is
level, undeveloped, and therefore physically suitable for the proposed type of development.
3. 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. There is no significant wildlife habitat on the site.
4. 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.
The Tentative Map meets all easement and access requirements.
5. The design of the subdivision or the type of improvements is not likely to cause serious
public health problems. The subdivision layout will not affect public health. The business park
was evaluated previously in the 1974 Environmental Impact Report prepared by A. D. Little,
certified in March 1974 and the 1988 Addendum to the EIR certified in 1989. The B1R did not
identify any health issues associated with the approval of the business park. No additional
health issues have been identified in conjunction with subdivision of land within the business
park.
6. Conformity with the Planned Development is achieved. Approval of this Tentative Map
shall be subject to the applicant securing approval of easements which addresses parking and
landscaping.
NOW, THEREFORE BE IT RESOLVED, that the Planning Board and the City Council 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 ElR 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 Map No 8574, subject to the following conditions:
1 Existing median openings are spaced at approximately 500' intervals.
2. Section 30 -7 -9 of the City of Alameda Municipal Code (AMC) "limits the number of
driveways (curb cuts) to one per lot unless otherwise approved by the Planning and Building
Services Department and Public Works Director ". Three parcels remain of the original parcel
map, which would correspond to three driveways. There is one existing driveway opposite a
median opening along Harbor Bay Parkway.
3. Generally, per Section 30 -7 -9 of the AMC, "Driveway widths for commercially and
industrially zoned lots shall occupy no more than forty (40 %) percent or twenty (20') ` feet in
width (whichever is less) ". However, in conditions where driveways are shared or turning
movements require additional width, the Public Works Director has allowed thirty (30) feet.
a. There is an existing median opening along Harbor Bay Parkway across from the
common line between Parcels 7 & 13. Although this is not a street intersection, there are four
other locations within the Business Park where median openings are opposite shared driveways.
One additional median opening will be allowed approximately 500' west of the existing opening
or in alignment with the common line between Parcels 15 & 16.
b. The driveway for Parcels 7 and Parcel 13 shall be shared as one common
driveway. The driveway for Parcel 15 and Parcel 16 shall also be shared as one common
driveway. Shared driveways are prevalent throughout the existing Harbor Bay Business Park
development. Alignment of these shared driveways with the parkway median openings will
allow for adequate vehicle sight distance for all turning movements as well as any ingress and
egress from the parcels with shared driveways.
c. Should common parcel lines be adjusted or parcels combined in the future such
that access to the parcels are no longer in alignment with the median openings, then internal
circulation between parcels shall be provided and easements obtained. The location of the
driveway is to remain in line with the median cut.
d. The existing Harbor Bay Parkway median has only one turn pocket. The median
shall be reconstructed, by the property owner, to have two turn pockets similar to the existing
median along the parkway at the time that the fronting parcel(s) is developed and at no cost to
the City. Similarly, the proposed western most median shall be constructed at the time that
Parcel 15 and/or Parcel 16 is developed, also at no cost to the City.
e. Thirty (30) foot driveway widths will be allowed to facilitate truck- turning radii's.
Parcels fronting North Loop Road
4. Section 30 -7 -9 of the City of Alameda Municipal Code "limits the number of driveways
(curb cuts) to one per lot unless otherwise approved by the Planning and Building and Public
Works Director. Driveway widths for commercially and industrially zoned lots shall occupy no
more than forty (40%) percent or twenty (20') feet in width (whichever is less)."
a. The driveway for Parcel 14 shall be located 150 feet, more or less, east of the
adjacent Cheese Works driveway.
b. Parcels 1 -12 access is shared by a private street having a common driveway. One
additional North Loop Road common driveway will be allowed between Parcel 14 and Parcels 8-
12 if necessary to facilitate truck traffic. Should development of Parcels 1-6 require truck access
from the rear of these parcels a driveway access will only be allowed if shared with the adjacent
development (formerly Lucent campus).
c. Driveways shall be located at least 200' from adjacent parcel driveways or shall
be shared similar to those occurring throughout most of the existing Harbor Bay Business Park
development, except as noted in 4f above.
CONDITIONS APPLICABLE PRIOR TO THE APPROVAL OF THE FINAL
TENTATIVE MAP BY CITY COUNCIL.
5. The final Tentative map shall conform to the requirements of the Subdivision Map Act,
Alameda Municipal Code regulations (Chapter 30, Article VI), City Council Resolution
approving the Tentative Map and shall be satisfactory to the City Engineer and Planning
Director. Easements shall be provided on the Tentative Map as necessary to the satisfaction of
the City Engineer and Planning Director.
6. All conditions conferred in the City of Alameda Planning Board and City Council
resolutions approving the Tentative Map applicable to the final Tentative Map must be satisfactory
to the City Engineer and Planning Director.
7. Deed, title reports (not older than six months), adjoiner deeds and closure calculations
shall be provided.
8. The final Tentative map shall include a statement on the number of driveways and
median openings allowed along Harbor Bay Parkway and the number of driveways along North
Loop Road based upon the Tentative Map Planning Board and City Council Resolutions to the
satisfaction of the City Engineer and Planning Director.
9. A declaration of easements, CC &R's, or similar instrument shall be provided for Parcels
1 -12 for maintenance of the private street, common storm drain and sewer mains, utilities, etc.
An annual maintenance cost per parcel with escalator, or similar rate structure shall be included
in order to assure adequate funds are available when needed. The document shall be recorded
concurrent with the Tentative Map. The document including recording information shall be
included in the owner's statement of the parcel map.
10. 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 Tentative Map and
in obtaining the map signature of the City's consulting surveyor.
11. The subdivider shall post a refundable cashier's check in the amount of $200 to guarantee
that a mylar copy of the recorded Tentative Map is provided in the form approved by the City
Engineer.
12. Before approval by the City Council of the Final Map, the subdivider shall execute and
file an agreement between the subdivider and the City specifying the period within which the
subdivider shall complete the private street improvement work in accordance with the approved
Tentative Map.
13. The subdivider shall also file with said agreement such good and sufficient security as the
City deems sufficient in the form of cash deposits, bonds of duly authorized corporate securities
or acceptable instruments of credit. Such improvement security shall be not less than fifty
percent (50 %) nor more than one hundred percent (100 %) of the total estimate cost of the
improvement, conditioned upon the faithful performance of the agreement, an additional amount
within the same limitations securing labor and materials. Bond shall be approved as to form by
the City Attorney.
14. A bond in the amount of 10% of the cost of the improvements shall also be provided to
guarantee and warrantee the work for a period of one (1) year following the completion and
acceptance of the improvements by the City Council against defective work, labor or materials.
15. The Tentative Map shall expire six (6) months from the date of approval unless vested by
the recordation of the Final Tentative Map. Alternately, the applicant may seek an extension by
the City Council prior to the end of the six (6) month period.
16. Improvements plans, landscape plans, geotechnical/traffic reports or letters,
specifications, storm drain and sanitary sewer calculations, urban runoff, waste management, and
other applicable submittals shall be provided as either part of the building plans or separate from
the building plans for each parcel development for review and approval by the City Engineer and
Planning Director. The improvements plans for the entire private street shall be provided prior to
or in conjunction with the first parcel building submittal application for the development within
Parcels 1 -12. Submittals shall be prepared by licensed engineers, geotechnical engineers,
landscaped architects, etc., and shall be in conformance with City Standards and applicable
codes.
17. Any damage to existing City streets during construction shall be repaired to the satisfaction
of the City Engineer, and depending upon the severity may include but not be limited to pavement
reconstruction in the affected areas, pavement overlays and seal treatments.
18. Grading along exterior boundaries of the new parcel developments shall not interfere with
the natural drainage of the surrounding areas. Slope areas or retaining walls shall be provided
where proposed grades do not match existing grades. Sloped areas shall not direct drainage across
adjacent property lines.
19. Obtain all necessary City permits (i.e. grading, excavation, encroachment, etc.) and other
governmental permits (i.e. requirements of the Regional Water Quality Control Board) and
conditions.
20. The developer shall pay for all reasonable office and engineering costs expended by the
City Engineer's office, including inspection and overhead during the review and construction
process.
CONDITIONS APPLICABLE PRIOR TO CERTIFICATE OF OCCUPANCY.
21. The property owner shall enter into a storm water treatment measures maintenance
agreement with the City of Alameda assuring both the responsibility for the, operation and
maintenance (O &M) of the treatment measures and the access by public agency personnel
strictly for the purpose of O &M verification. This maintenance agreement shall be recorded by
the Property Owner among the deed records of the County Recorder's Office (Alameda County).
Additionally, and as terms of the above - mentioned agreement, an O &M Plan and an annual
Inspection Report for storm water treatment measures shall be provided for review and approval
by the City of Alameda Public Works Department Environmental Services Division in
compliance with the California Regional Water Quality Control Board Order R2- 2003 -0021
NPDES Permit No. CAS00298313, Section C3e.
22. Submit a report to the City's Environmental Services Division on actual tonnages disposed
or recycled for each material, and the actual destination/processor.
23. Submit as -built plans of all civil and landscape plans in both mylar and AutoCAD. CD-
ROM form.
HOLD HARMLESS
24. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires
as a condition of this Tentative 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, indemnify, or hold harmless the City.
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 sot 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 19th day of April, 2005, by the following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore, 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 20th day of April, 2005.
Lara Weisiger, City C
City of Alameda