Resolution 15985CITY OF ALAMEDA RESOLUTION NO. 15985
APPROVING TENTATIVE TRACT MAP NO. 8570 TO SUBDIVIDE A
PORTION OF THE OAKLAND INNER HARBOR TIDAL CANAL (APN
71-289-8) TO CREATE SEVEN PARCELS
WHEREAS, the U.S. Army Corps of Engineers (the "Army Corps") excavated,
dredged, and created the Oakland Inner Harbor Tidal Canal (the "Tidal Canal") between
1882-1905, which is a waterway approximately 1.8 miles long and 400 feet wide and
connects the Oakland Estuary with the San Leandro Bay from approximately 1,800 feet
northwest of the Park Street Bridge to approximately 2,300 feet south of High Street Bridge.
The southern edge of the Alameda side of the Tidal Canal now includes uplands and
bulkheads that have been utilized to varying degrees by adjacent private property owners;
and
WHEREAS, in 1990, the U.S. Congress authorized the Army Corps to transfer the
Tidal Canal at no cost to the cities of Alameda and Oakland through the Water Resources
Development Act ("WRDA") of 1990, as amended by WRDA 1996, 2007, and 2014; and
WHEREAS, on September 20, 2016, the City Council approved Tentative Map No.
8337 to divide the property into approximately 99 individual parcels, and on December 6,
2016, the City Council approved Final Map No. 8337; and
WHEREAS, the City of Alameda (City) retained the open water parcel (Parcel 2),
which was preserved for open navigation though the Tidal Canal ("Open Water Parcel").
The Open Water Parcel includes the Alameda side of the canal and the water areas
immediately adjacent to three existing public access pathways ("Public Access
Pathways"); and
WHEREAS, during the Tidal Canal approvals in 2016, the City Council did not
create parcels adjacent to the Public Access Pathways, which are narrow public
pathways which provide public access from Fernside Boulevard to the shoreline. As a
result, two property owners on each side of the three pathways did not have the
opportunity to acquire the water areas behind their homes; and
WHEREAS, on October 1, 2019, the City Council provided final approval of the
design concepts for the remaining pathways, and directed staff to implement the following
and return to the City Council for approval of subdivision maps and easements, consistent
with the approved designs; and
WHEREAS, pursuant to the City Council's direction in 2019, an application was
made by the City for Tentative Tract Map No. 8570 to subdivide a portion of the Oakland
Inner Harbor Tidal Canal (APN 71-289-8) to create seven parcels, which includes one
large open water parcel and six small water parcels adjacent to the three public pathways;
and
WHEREAS, the subject property is located in the in the E, Estuary Zoning District;
and
WHEREAS, on September 20, 2016, the City approved an Initial Study/Negative
Declaration ("IS/ND") for the parcelization and acquisition of the Alameda side of the Tidal
Canal in accordance with the California Environmental Quality Act ("CEQA"). No further
review is required pursuant to Public Resources Code section 21166 and CEQA
Guidelines section 15162 because the environmental effects of the project were
considered and disclosed in the IS/ND and there have been no changes to the project or
the circumstances in which it is undertaken that would result in new significant or
substantially more severe environmental effects than was identified in the previously
adopted IS/ND; and
WHEREAS, the City Council, on October 1, 2019, approved a plan for the transfer
of submerged lands adjacent to three Public Access Pathways to adjacent owners to
allow them to maintain existing dock structures; and
WHEREAS, on September 26, 2022, the Planning Board held a duly noticed public
hearing on this application and examined all pertinent materials and unanimously
recommended approval of the subject tentative map and recommended conditions of
approval; and
WHEREAS, on October 18, 2022, the City Council reviewed Tentative Map Tract
No. 8570 and all pertinent maps, documents and exhibits and determined that the
Tentative Map is consistent with the Subdivision Map Act, local subdivision regulations,
General Plan and Alameda Municipal Code requirements for the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Alameda
hereby makes the following findings regarding Tentative Tract Map No. 8570:
1. The proposed subdivision, together with the provisions for its design and
improvement, is in conformance with the General Plan and Zoning. The
proposed subdivision does not include any proposed construction or
development. Future uses of the subject property would be consistent with the
General Plan and the E, Estuary District zoning regulations, and would be restricted
to water -dependent uses, subject to future discretionary review and approval by
the City.
2. The site is physically suitable for the type and density of development. The
new proposed submerged parcels are designed to accommodate the existing
docks which are owned by the adjacent property owners. The proposed
subdivision does not include any proposed construction or development. Any
future improvements by the future property owners would be subject to review
for conformance with the General Plan and zoning ordinance.
3. The proposed design of the subdivision and improvements, as
conditioned, will not cause environmental damage or substantially and
avoidably injure fish or wildlife or their habitat. The proposed subdivision
does not include any proposed construction or development. The project does
not involve any ground disturbance and will not cause any environmental
damage or substantially and avoidably injure fish or wildlife or their habitat.
4. The design of the subdivision and its improvements will not conflict with
easements acquired by the public at large for access through or use of
property within the subdivision. The proposed subdivision does not include
any proposed construction or development. All existing public access
easements are to be retained.
5. The design of the subdivision and its improvements will not cause serious
public health problems. The proposed subdivision does not include any
proposed construction or development, and the design of the subdivision is not
likely to cause serious public health problems. The review process of the
subdivision has taken these concerns into consideration and has found the
proposal in conformance with City standards.
6. The subdivision does not unreasonably restrict public access to the
shoreline in the vicinity of the subject parcels. Public access to the
shoreline is provided at the High Street Bridge and at the foot of Liberty Avenue,
which are located within a reasonable walking distance of the subject parcels.
7. The subdivision will not result in the discharge of waste into the sewer system
that would violate regional water quality control regulations.
8. In approving the tentative map, the City Council has considered its effect upon
the housing needs of the region, balanced with the public service needs of
Alameda residents and available fiscal and environmental resources; and
BE IT FURTHER RESOLVED, that the City Council, based on its own
independent review, consideration, and exercise of its independent judgment,
determined, on the basis of substantial evidence in the entire record before the City,
finds that the potential environmental impacts of the project have been evaluated and
disclosed in the IS/ND, and that none of the circumstances necessitating further CEQA
review are present; and
BE IT FURTHER RESOLVED, that the City Council hereby approves Tentative
Tract Map No. 8570, subject to compliance with the following conditions of approval:
General
1. All maps filed pursuant to this approval shall be in substantial compliance with the
map titled, "Tentative Tract Map 8570 — (Portion) Oakland Inner Harbor Tidal
Canal" prepared by Ruggeri Jensen Azar dated July 12, 2022, and on file in the
office of the Alameda Planning, Building and Transportation Department.
2. The Final Map shall be in substantial compliance with the Tentative Map. Prior
to the approval of the Final Map, all applicable conditions of approval of the
approved Tentative Map, as revised or amended, shall be satisfied.
3. The subdivider shall record the Final Map within twenty-four (24) months of
approval, or conditional approval of the Tentative Map by the City Council. The
City may, upon the subdivider's application filed before the Tentative Map's
expiration date, extend its life for an additional period or periods not to exceed six
(6) years in accordance with state law.
4. Prior to the City Council approval of the Final Map, the Applicant shall submit
a Mylar copy and a CAD file of the Final Map.
5. Prior to approval of Final Map, the following shall be required: a refundable
cashier's check in the amount of $400 to guarantee a Mylar copy of the recorded
Final Map; payment for all reasonable office and engineering costs, including
overhead, in conjunction with reviewing the Final Map and associated
improvement plans and easements; three copies of the approved on-site/off-site
civil improvement plans and landscape plans, along with a velum or other
reproducible set (plans only); and a CD or DVD digital copy acceptable to the City
Engineer.
Special Conditions
6. Public Access Easements. The Final Map shall include and show:
a. A 35' easement at Pathway A at Fernside Boulevard and High Street (See
page 8 of TM) preserving for the City of Alameda: scenic/view access,
emergency vehicle access, and public access over the water parcels;
b. An 18' easement at Pathway B (see page 9 of TM) preserving for the City of
Alameda: scenic/view access, emergency vehicle access, and public access
over the water parcels; and
c. A 10' scenic easement at Pathway C (see page 10 of TM) preserving for the
City of Alameda: scenic/view access and emergency vehicle access over the
water parcels.
d. A written statement that reasonable public access to the shoreline is available
within a reasonable distance of the six proposed new Tots as required by AMC
30-84.11.
Public Works General Conditions
7. The Final Map shall show all existing and proposed easement locations, uses and
recording information. The Owner's Statement shall list all public right-of-way and
easements to be dedicated, if any, and the Certificate of City Clerk shall list all
public easements and right-of-way to be abandoned, if any, with recording
information as part of the Final Map.
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 regular meeting
assembled on the 18th day of October 2022 by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Knox White,
Vella and Mayor Ezzy Ashcraft — 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 19th day of October 2022.
Lara Weisiger, City Clerk
City of Alameda
Approved as to Form:
Yibin Shen, City Attorney
City of Alameda