1 OAKLAND CITY COUNCIL
RES OLUTION NO. __________ C.M.S.
______________________________________________________________________
ADOPT A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO (1) ENTER INTO A SUBDIVISION IMPROVEMENT AGREEMENT WITH 3855 WEST STREET,
LLC FOR DEFERRED CONSTRUCTION OF PUBLIC INFRASTRUCTURE
IMPROVEMENTS AS A CONDITION TO FINAL MAP APPROVAL FOR TRACT NO. 8571 LO CATED AT 3855 WEST STREET, AND (2) ADOPT CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, 3855 West Street, LLC, a California limited liability company (Subdivider), is the Subdivider of six (6) parcels identified by the Alameda County Assessor as APN 012-0960-017, and by the Alameda County Clerk-Recorder as Tract No. 8571, and by the City of Oakland as 3855 West Street; and
WHEREAS, the Subdivider has acquired by purchase for valuable consideration the real property comprising Tract No. 8571 through a grant deed, series no. 2020246021, recorded September 24, 2020, by the Alameda County Clerk-Recorder; and
WHEREAS, said parcel is comprised of a portion of a merger and re-subdivision of subdivision of Lots 1 and 2 and the Southern 15 feet of Lot 3, Block E, Major Given Tract, filed June 11, 1888, Book 10, Page 26, of Maps, Alameda County Records; and
WHEREAS, the Subdivider applied to the City of Oakland for a Tentative Tract Map (TTM 8571) to subdivide said platted land, which proposed to (a) subdivide existing lot into six (6) lots accessed by a shared access from Apgar Street; and (b) construct six three-story residential units, each with its own off-street parking space; and
WHEREAS, on May 05, 2021, the City Planning Commission approved the Tentative Tract Map for Tract No. 8571 and the land use entitlements (PLN20153), and affirmed staff’s environmental determination that the project is exempt from CEQA pursuant to CEQA Guidelines sections 15183 (projects consistent with a community plan, general plan or zoning) and 15332 (infill project); and
WHEREAS, the Subdivider has presented a Final Map to the City, identified as Tract Map No. 8571, which proposes the subdivision of five (5) developable parcels, for six (6) residential unit development, identified as Lots 1, 2, 3, 4, 5, and 6; and
Approved as to Form and Legality
Office of the City Attorney
2 WHEREAS, through a separate companion Resolution, staff is seeking conditional approval of Final Map No. 8571; and
WHEREAS, the Subdivider has employed a competent design professional, who is licensed by the State of California to practice civil engineering, to prepare plans and specifications for the construction of required surface and subsurface public infrastructure improvements in the public right of way and surface and subsurface improvements within private property common to subdivided lots known as private- public improvements; and
WHEREAS, the City Engineer has approved infrastructure permit number PX2100018 and the Subdivider’s plans and specifications for construction of the required public infrastructure improvements, attached hereto as Exhibit B and incorporated herein; and
WHEREAS, pursuant to Government Code section 66462 and Oakland Municipal Code section 16.20.100, as a condition precedent to approval of the Final Map for Tract No. 8571, the Subdivider has executed a Subdivision Improvement Agreement, attached hereto as Exhibit B and incorporated herein, assuring the timely construction, unconditional warrantee, and prescribed maintenance of all required public infrastructure improvements; and
WHEREAS, pursuant to Government Code section 66499 et seq. and Oakland Municipal Code section 16.20.100, and as required by the Subdivision Improvement Agreement, the Subdivider has deposited adequate security in the form of surety bonds to secure the Subdivider’s performance of the deferred public infrastructure improvements identified in the Subdivision Improvement Agreement; and
WHEREAS, this action is exempt from the requirements of California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15061(b)(3) (no significant effect on the environment), 15183 (projects consistent with a community plan, general plan or zoning) and 15332 (infill development projects), each as a separate and independent basis and when viewed collectively as an overall basis for CEQA clearance; now, therefore, be it
RESOLVED: That the City Administrator is hereby authorized to enter into a Subdivision Improvement Agreement with 3855 West Street, LLC for deferred construction of public infrastructure improvements as a condition to final map approval for Tract No. 8571; and be it
FURTHER RESOLVED: That the action is exempt from CEQA as described above; and be it
FURTHER RESOLVED: That all documents related to this Resolution shall be reviewed and approved by the City Attorney’s prior to execution; and be it
FURTHER RESOLVED: That the City Engineer is authorized to cause the fully executed Subdivision Improvement Agreement to be filed concurrently with the fully 3 endorsed Final Map for Tract No. 8571 for recordation by the Alameda County Clerk- Recorder; and be it
FURTHER RESOLVED: That this Resolution shall be effective upon its adoption by a sufficient affirmative vote of the elected members of Council of the City of Oakland, as provided in the Charter of the City of Oakland.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND PRESIDENT FORTUNATO BAS NOES -
ABSENT –
ABSTENTION –
ATTEST: _____________________________
Asha Reed
City Clerk and Clerk of the Council
of the City of Oakland, California
Exhibit B:
Subdivision Improvement Agreement and Public and
Common Infrastructure Improvements.