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Resolution 13936CITY OF ALAMEDA RESOLUTION NO. 13936 APPROVING PARCEL MAP PiVI06-0001 TO ALLOW THE DIVISION OF A 14,602 SQUARE FOOT PARCEL INTO TWO LOTS AT 1810/1812 CLINTON AVENUE. THE PROPERTY IS LOCATED WITHIN AN R-4 (NEIGHBORHOOD RESIDENTIAL) ZONING DISTRICT. WHEREAS, an application was made on March 28, 2005 by Janice Graham requesting a Parcel Map, PM06-0001 to allow the division of a 14,602 square foot parcel at 1810/1812 Clinton Avenue into two lots; and WHEREAS, all applications were deemed complete on January 31, 2006; and WHEREAS, the subject property is designated as Medium Density Residential on the General Plan Diagram; and WHEREAS, the subject property is located in a R-4, Neighborhood Residential 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 WHEREAS, the Planning Board unanimously approved a resolution recommending City Council approval of the proposed tentative Parcel Map; and WHEREAS, the City Council held a public hearing on this application on March 21, 2006, and examined pertinent maps, drawings, and documents; and WHEREAS, the City Council makes the following findings: WHEREAS, the Planning Board has made the following findings with regard to the proposed Parcel Map: 1. The proposal is consistent with the General Plan. This finding can be made. The design and configuration of the proposed parcels is physically suitable for the site and compatible with the lot sizes of surrounding properties. Furthermore, the newly created parcels comply with the density requirements in the General Plan. 2. The proposed subdivision is not likely to create substantial adverse effects resulting in environmental damage or cause injury to fish or wildlife habitats. This finding can be made. The site is located within an urban area that is not environmentally sensitive. ' Furthermore, the proposal does not result in major construction activities except for the creation of designated parking spaces for six vehicles and the renovation of an existing house. 3. The design of the subdivision will not conflict with public easements. This finding can be made. No improvements are proposed in the public right of way or in public easements. 4. The design of the subdivision will not likely cause serious public health problems. This finding can be made. The property is already developed and the proposal will create parcels similar to other properties in the vicinity. THEREFORE BE IT RESOLVED that the Planning Board of the City of Alameda determines that the ' project is Categorically Exempt from CEQA, fluidelines, Section 15305 — Minor Alterations to Land Use Limitations and Section 15315 - Minor Land Division; and BE IT FURTHER RESOLVED that the City Council hereby approves Parcel Map PM06 -0001, subject to the following conditions: 1. Approved Plan. The project Parcel Map shall be in substantial compliance with the plans prepared by Andreas Deak, dated August, 2005, consisting of five (1) sheet, titled Parcel Map No. 8611, marked Exhibit A and on file in the office of the City of Alameda Planning and Building Department, subject to the following conditions: 2. Vesting The subdivider shall record the Parcel Map within twelve (12) months of approval or conditional approval of the Parcel Map by the City Council, subject to compliance with all of the conditions of this approval. An extension of time, not to exceed an additional twelve (12) months, for the filing of the Parcel Map may be granted by the City Council providing written application is made by the subdivider prior to the expiration of the approved Parcel Map. Only one (1) extension may be granted. 3. Public Works. The Parcel Map shall` be completed to the satisfaction of the Public Works Director and the Director of Planning and Building. 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, preparation of staff reports and in obtaining the map signature of the City's consulting surveyor. The subdivider shall post a refundable cashier's check in the amount of $400 to guarantee that a mylar copy of the recorded Parcel Map is provided in the form approved by the City Engineer. 5. The site shall be brought into compliance to the conditions of this project prior to final approval of the Parcel Map. Compliance shall include the installation of all on -site parking, landscaping, separation of utilities, and the conversion of 1810 Clinton Avenue to a single- family residence under valid City permits, subject to the satisfaction of the Director of Public Works and the Planning and Building Director. 9. The subdivider shall prepare a reciprocal access easement, with an agreement that both parcels share responsibility for the maintenance and repair of the driveway and shared parking facility to the satisfaction of the City Attorney and the Planning and Building Director. This agreement shall be included on the Certificate Page of the Parcel Map. The final Parcel Map shall define the location of all utility and access easements, subject to approval of the Director of Public Works and the Planning and Building Director. Any existing utility laterals (e.g., gas, water and sewer) that serve the rear building (Le., Parcel A, 1812 Clinton) that are underneath the front building (Le., Parcel B, 1810 Clinton) shall be relocated clear of the front building prior to approval of the Parcel Map by the City Council Utilities. An exception is granted to the requirement that all overhead electrical lines within the proposed subdivision shall be placed underground pursuant to Section 30 -84.7 of the City Subdivision Ordinance. Codes Compliance All improvements shall conform to Municipal Code. he Alameda 10. The applicant, shall comply, with all Federal, State, regional, and local laws and shall file with relevant Federal, State, regional, and local agencies for required permits. The applicant shall comply with all conditions of such permits. All required Federal, State, regional, and local permits shall be obtained prior to occupancy. 11. Hold Harmless. The City of Alameda requires as a condition of this 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. The City of Alameda shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. If the City fails to notify the applicant of any claim, action, or proceeding, or the City fails to cooperate in the defense, the applicant shall not hereafter be responsible to defend, indemnify, or hold harmless the City. 12. Acknowledgement of Conditions The applicant shall acknowledge in writing all of the conditions of approval and must accept this permit subject to those conditions and with full awareness of the applicable provisions of Chapter 30 of the Alameda Municipal Code in order for this approval to be exercised. OTHER CONDITIONS Conditions Applicable Prior to Approval of the Parcel Map by the Director of Public Works and the Planning and Building Director 13. The subdivider shall provide one mylar copy of the recorded Parcel Map. 14. A Maintenance Agreement for the maintenance of the common access and parking areas shall be prepared to the satisfaction of the City Attorney. The City Attorney review will include, but not be limited to, a review of provisions designed to ensure that all future common areas and parking areas would 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 21s` day of March, 2006, by the following vote to wit: AYES: Councilmembers deHaan, Gil more, `Matarrese and Mayor Johnson - 4. NOES: None. ABSENT: Council member 'Daysog - ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of March, 2006. Lara Weisiger, City Cle City of Alameda