Resolution 13932CITY OF ALAMEDA RESOLUTION NO. 13932
APPROVING PARCEL MAPS, PM 05-002 and PM 05-003, AT BERTH GATES
8 THROUGH 11 AT MARINA VILLAGE
WHEREAS, an application was made on November 14, 2005 by Marina
Village Properties requesting approval of Parcel Map, PM 05-002 to permit the
subdivision of one lot (APN 074-1334-070-00) and Parcel Map 05-003 for four
lots (APNs 074-1334-046-00, 074-1334-014-04, 074-1334-017-00, and 074-
1340-001-00) that together contain the marina's 713 marina berths, piers,
docks, ramps, gates and waterways; and
WHEREAS, the subject property is designated as Mixed Use on the
General Plan Diagram; and
WHEREAS, the subject property is located in a M-X, Mixed Use Planned
Development Zoning District; and
WHEREAS, the Planning Board held a public hearing on this application
on February 13, 2006, and examined pertinent maps, drawings, and documents;
and
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WHEREAS, the Planning Board unanimously approved a resolution
recommending City Council approval of the proposed maps; and
WHEREAS, the City Council held a public hearing on this application on
March 7, 2006, and examined pertinent maps, drawings, and documents; and
WHEREAS, said Parcel Map 8931 delineates thereon dedication to the
City of Alameda an easement for public access; and
WHEREAS, the City Council made the following findings:
1. That the proposal is consistent with the applicable General Plan and
zoning, because the proposal will not change the existing marina use which
is consistent with the General Plan and zoning for the site.
2. That the proposed improvements are consistent with the General Plan
and zoning.
No changes to the physical environment are proposed.
3. That the site is physically suitable for a marina use. The marina use has
existed on the site since the mid 1980s. No change to the marina use or the
number of berths is proposed.
4. That the design of the subdivision or proposed improvements is not
likely to cause substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat. No change to the
marina use or the number of berths is proposed.
5. That the design of the subdivision or improvements will not conflict
with easements acquired by the public at large for access through or
use of property within the proposed subdivision. All of the existing
public easements are being preserved. In the process of preparing the maps,
it was discovered that a small area of existing public access is not currently
covered by a public access easement. As shown on sheet 5 of 6 for parcel
8931, the applicant proposes to fill a gap in the public access easements by
extending an existing easement approximately 30 feet.
6. That the design of the subdivision or the type of improvements will not
cause serious public health problems. No change to the marina use or
the number of berths is proposed. The conversion of the marina slips from
rental to "for sale" would not cause public health problems. Safe and healthy
conditions will be maintained through the commercial association and the
CC &R's.
NOW, THEREFORE BE IT RESOLVED, that the City Council finds that
pursuant to Section 15301 of the California Environmental Quality Act, the
project is exempt from environmental review. This section states that no
environmental review would be required if a project "...consists of the operation,
repair, maintenance, permitting, leasing, 'licensing, or minor alteration of
existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that
existing at the time of the lead agency's determination."
BE IT FURTHER RESOLVED that said easement shown on sheet 5 of 6
for parcel 8931 dedicated to the public for rights of access to the City of
Alameda are hereby accepted, on behalf of the public and the City, for use in
conformity with the terms of offers of dedication.
BE IT FURTHER RESOLVED that the City Council hereby approves
Parcel Maps PM 05 -002 and PM 05 -003, subject to the following conditions:
HOLD HARMLESS
1. 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 notify the developer of any claim, action or proceeding and
the City shall cooperate in the defense. If the City fails to notify the
developer of any claim, action, or proceeding, or if the City fails to
cooperate in the defense, the developer shall not hereafter be responsible
to defend, indemnify, or hold harmless the City.
ACKNOWLEDGEMENT OF CONDITIONS
2. 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 these Parcel Maps to be
exercised.
OTHER CONDITIONS
Conditions Applicable Prior to Approval of Parcel Maps by City Council
3. Parcel maps shall be prepared to the satisfaction of the City Engineer
and City's consultant surveyor.
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.
5. The subdivider shall post a refundable cashier's check in the amount of
$1,000 to guarantee a mylar copy of the recorded Parcel Maps in the
form approved by the City Engineer.
Conditions Applicable After Approval of Parcel Maps by City Council
6. The subdivider shall provide one mylar copy of the recorded parcel
maps.
7. Covenants, Conditions and Restrictions (CC &R's) for the future Marina
Condominium Plan shall be prepared to the satisfaction of the City of
Alameda City Attorney's office. The City Attorney review will include, but
not be limited to, a review of provisions designed to ensure that all future
common areas, landscaping and parking areas will be well maintained
and that shared access will be maintained.
The decision of the City Council shall be final.
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 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 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 7th day of March, 2006, by the following vote to wit:
AYES: Councilmembers Daysog, deHaan, Gilmore,
and Mayor Johnson - 4.
NOES:
ABSENT: None.
ABSTENTIONS:
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City
this 8th day of March, 2006.
y
Lara Weisiger, City Clfeirk
City of Alameda