Resolution 13941CITY OF ALAMEDA RESOLUTION NO.139 41
UPHOLDING THE APPEAL BY VENTURE CORPORATION OF THE
FEBRUARY 27, 2006 PLANNING BOARD DECISION TO NOT APPROVE
TENTATIVE MAP 8891 (File No. TM05-0003)
WHEREAS, an application, TM05-0003, was made on December 6, 2005
by Kier and Wright Engineers for Venture Corporation requesting approval of
Tentative Parcel Map 8891, to permit the conversion of approximately 44,844
square feet of research and development and office space with associated
parking and landscaped areas on a 3.41 acre parcel from a single ownership to
up to 24 fee simple ownerships; and
WHEREAS, the Tentative Parcel Map was accepted as complete on
January 17, 2006; 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, Commercial
Manufacturing, Planned Development Zoning District; and
WHEREAS, the Planning Board held a public hearing on February 27,
2006 for this application and failed to reach a majority vote required for either
approval or denial; a project is "deemed denied" if a motion fails for lack of four
votes; and
WHEREAS, On March 8, 2006 the applicant appealed the Planning
Board's "deemed denial"; and
WHEREAS, On April 4, 2006 the City Council held a public hearing and
made the following findings relative to the Final Development Plan:
WHEREAS, the Council made the following findings relative to the
Tentative Parcel Map:
Finding 1. The proposal is consistent with the General Plan.
The subdivision only permits a conversion from single ownership to
divided ownership and does not include any physical alterations to
the site or other entitlements.
Finding 2. The site is physically suitable for this type and density of
development.
Site design has been evaluated and approved by the City Council
(FDP05 -0003 and DR05- 0127). A change in ownership pattern will
have no effect on the approved site development.
Finding 3. The subdivision 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.
Finding 4. The subdivision will not cause serious public health problems.
Site design has been evaluated and approved by the City Council
(FDP05 -0003 and DR05- 0127). A change in ownership pattern will
have no effect on the approved site development. The change in
ownership pattern will not affect public health.
Finding 5. Conformity with the Planned Development is achieved.
The project has been evaluated and approved by the Harbor Bay
Business Park Architectural Review Committee the City Council
(FDP05 -0003 and DR05- 0127). A change in ownership pattern will
have no effect on the approved site development.
NOW, THEREFORE, BE, IT RESOLVED that the City Council of the City
of Alameda hereby finds that no further environmental review is required for
the proposed project as provided by Section 15162 of the California
Environmental Quality Act Guidelines because:
Finding 1.
Pursuant to CEQA Guidelines Section 15162 there have been no
significant changes in circumstances that require revisions to the
previously certified Environmental Impact Report. The proposed
project is not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or their habitat.
BE IT FURTHER RESOLVED that the City Council of the City of
Alameda hereby upholds the applicant's appeal and approves Tentative Parcel
Map 8891 (File No.TM05 -0003) subject to the following conditions:
Prior to approval of the Parcel Map By the City Council
1. The parcel map shall be prepared to the satisfaction of he City Engineer
and City's consultant surveyor.
2. 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.
3. The subdivider shall post a refundable cashier's check in the amount of
$400 to guarantee a mylar copy of the recorded Parcel Map.
After approval of the Parcel Map by the City Council
4. The Applicant shall provide a mylar copy of the recorded parcel maps.
5. Covenants, Conditions and Restrictions (CC&R's) including estimated
condominium owner's fees shall be prepared to the satisfaction of the City
Engineer and City Attorney prior to recording with the Department of Real
Estate. Copies of the condominium plan shall be provided.
Prior to Issuance of Building Permits
6. Improvement and landscape plans for site and right-of-way improvement
plans shall be prepared to the satisfaction of the City Engineer and may be
submitted as part of the building permit plans or separately. Geotechnical
reports, drainage calculations, and additional materials as required by staff
shall also be provided for review as part of the permitting process. Cost for
staff review time of the improvement/landscape plans and associated
documents shall be paid for by the applicant.
7. Prior to the granting of a certificate of occupancy, an operation and
maintenance (O&M) agreement and plan for all post-construction
(permanent) stormwater treatment controls shall be prepared and submitted
to the City for approval. The O&M plan shall include: treatment type,
location(s), of treatment measures, maintenance requirements,
maintenance schedule, assurances of party responsible for O&M, and
assurances of access to inspect and verify treatment system O&M for the
life of the project.
Other Conditions
8. 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.
9. 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 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 thereafter be responsible to defend, indemnify, or hold harmless the
City.
10. 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.
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 Special Joint Meeting of the
City Council on the 4th day of April 2006, by the following vote to wit :``
AYES: Councilmembers deHaan, Gilmore, Matarrese
and Mayor Johnson - 4.
NOES: None.
ABSENT: Councilmember Daysog 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 5th day of April, 2006.
Lara' Weisiger, City C
City of Alameda