Approved as to Form and Legality
K fit i
oakun^ 0i«s
office
mmCelso Ortiz {Apr'zfe, 2022 15:31 PDT)
Office of the City Attorney
22.APR2-9 PM h 58
OAKLAND CITY COUNCIL
89 15 6RESOLUTION NO. C.M.S.
ADOPT A RESOLUTION (1) CONDITIONALLY APPROVING A FINAL MAP FOR TRACT NO. 8571, LOCATED AT 3855 WEST STREET FOR A SIX LOT SUBDIVISION FOR 3855 WEST STREET, LLC, 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 the 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 staffs environmental determination that the project is exempt from California Environmental Quality Act (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 WHEREAS, the Secretary of the City Planning Commission has certified that the Planning Commission approved the Tentative Map for Tract No. 8571, upon which said Final Map is based; and
1 WHEREAS, the City Engineer of the City of Oakland has examined the Final Map and determined that:
■ the subdivision as shown on the Final Map for Tract No. 8571, delineated diagrammatically in Exhibit A attached hereto and incorporated herein, is substantially the same as it appeared on the approved Tentative Map which created developable Parcels Lots 1,2, 3, 4, 5, and 6; and
■ the Final Map for Tract No. 8571 complies in all manners with the provisions of California Government Code sections 66410 et seq. (Subdivision Map Act) and the City of Oakland’s local subdivision ordinance (Oakland Municipal Code, Title 16 - Subdivisions); and
WHEREAS, pursuant to California Business and Professions Code section 6731, the City Engineer has further determined that the Final Map is technically correct and accurately delineates the proposed metes and bounds of the property boundaries separating the proposed six (6) lots, the limits of which have been established by a field boundary survey performed by a competent Land Surveyor, who is licensed by the State of California to practice land surveying, and can be re-established from the monuments, property corners, radii, bearings, and distances shown on the Final Map for Tract 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 WHEREAS, the City Engineer has approved infrastructure permit no.
PX2100018 and the Subdivider’s plans and specifications for construction of the required public infrastructure improvements and infrastructure within private property common to subdivided lots known as private-public improvements, attached hereto as Exhibit A and incorporated herein; and
WHEREAS, through a separate companion Resolution, staff is seeking authorization for the City Administrator to enter into a Subdivision Improvement Agreement with the Subdivider 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, to assure 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, the Subdivider has deposited adequate security in the form of surety bonds to secure the Subdivider’s performance of the required public infrastructure improvements identified in the Subdivision Improvement Agreement; and 2 WHEREAS, the City’s approval of a final subdivision map is a ministerial action that is exempt from the requirements of CEQA pursuant to Public Resources Code section 21080(b)(1) and CEQA Guidelines section 15268, 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 Final Map for Tract No. 8571 conforms to all the requirements in Government Code sections 66410 et seq. (Subdivision Map Act), Title 16 of the Oakland Municipal Code, and CEQA, and is hereby conditionally approved; and be it
FURTHER RESOLVED: That the approval of the Final Map is conditioned upon completion of public infrastructure improvements and private common access roadways and utilities that are required to service the public or the individual parcels, as required by the Subdivision Improvement Agreement; and be it
FURTHER RESOLVED: That the hereinabove conditions shall be binding upon the Subdivider and its successors or assigns, affiliated companies or corporations, parent companies or corporations, or partners; and be it FURTHER RESOLVED: That the City Council has independently considered and finds that that the project is exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15183 (projects consistent with a community plan, general plan or zoning) and 15332 (infill project); and be it FURTHER RESOLVED: That The City Council directs the City’s Environmental Review Officer to file a Notice of Exemption; and be it FURTHER RESOLVED: That the successive owners of said lots as delineated on the Final Map shall be responsible for the maintenance in perpetuity of all infrastructure improvements within the areas common to parcels for required access and utilities required excepting from said responsibility infrastructure improvements that are otherwise regulated by California Public Utilities Commission; and be it FURTHER RESOLVED: That failure by the Subdivider to comply in all aspects with the Subdivision Improvement Agreement shall void approval of the Final Map and shall result in reversion to acreage of the original parcels comprising Tract No. 8571; and be it
FURTHER RESOLVED: That the City Engineer is hereby authorized to endorse the Final Map for Tract No. 8571; and be it
FURTHER RESOLVED: That the City Clerk of the City of Oakland is hereby authorized to endorse the Final Map for Tract No. 8571 upon its execution by the City Engineer; and be it
3 FURTHER RESOLVED: That the City Engineer is hereby authorized to cause the fully executed Final Map for Tract No. 8571 to be filed with the Alameda County Clerk-Recorder for recordation; 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.
MAY - 3 2022IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND PRESIDENT FORTUNATO BASAYES- NOES-&
ABSENT -0
ABSTENTION -p
ATTEST/
City Clerk and Clerk of the Council
of the City of Oakland, California
Exhibit A:
Final Tract Map No. 8571 and Public Infrastructure Improvements and Common Infrastructure Improvements.
4 Exhibit A Final Tract Map 8571
OWNER'S STATEMENT: CITY SURVEYOR’S STATEMENT:
HEBERT, CITY SUR -----
THE CITY SURVEYOR
SURVEYOR'S STATEMENT:
THIS MAP WAS P
FIELD SURVEY IN
ACT AND I HEREBY
APPROVED
THE
THE UNDERSIGNED HEREBY STATE THAT IT IS THE OWNER OF THE LAND DELINEATED AND EMBRACED WITHIN THE EXTERIOR BOUNDARY LINES ON THE HEREIN EMBODIED PARCEL MAP ENTITLED "TRACT MAP NO. B571, CITY OF OAKLAND. COUNTY OF ALAMEDA. STATE OF CALIFORNIA"; THAT SAID OWNER ACQUIRED TITLE TO SAID LAND BY VIRTUE OF THE GRANT DEED RECORDED SEPTEMBER 24. 2020 UN SERIES NO. 2020-246021 IN THE OFFICIAL RECORDS OF ALAMEDA COUNTY. STATE OF CALIFORNIA:
THAT IT CONSENTS TO THE PREPARATION AND FILING OF THIS TRACT MAP.
THE UNDERSIGNED FURTHER STATES THAT THE AREAS DESIGNATED:
I, RAYMOND R.
FUNCTIONS OF
I HAVE EXAMINED THE HEREON EMBODIED MAP ENTITLED "TRACT MAP NO. 8571. CITY OF OAKLAND, COUNTY OF ALAMEDA. STATE OF CALIFORNIA"; AND I AM SATISFIED THIS MAP IS TECHNICALLY CORRECT.
VEYOR, HAVING BEI
|R OF THE CITY OF
EN AUTHORIZED TO
OAKLAND, DO HER
PERFO
EBY CE
RM THE
ERTIFY THAT
REPARED BY ME OR UNDER MY DIRECTION AND IS
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP AL ORDINANCE AT THE REQUEST OF JACKIE ERBE ON 05/04/20.
THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE
HEREBY STATE
___ ___ _ POSITIONS
INDICATED. AND THE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
BASED UPON A
LOC
STADER I
TE THAT
OR CONDITIONALLY APPROVED TENTATIVE MAP,
MONUMENTS ARE OF THE CHARACTER AND OCC
IF ANY. I I
UPY THE P
THAT
IN WITI
DAY 0
NESS WHEREOF. I HAVE HEREUNTO SET MY HAND THIS iF2021.
THE UNDERSIGNED FURTHER STATES THAT THE AREA DESIGNATED (PAUE) "PRIVATE ACCESS AND UTILITY EASEMENT" IS A NON-EXCLUSIVE EASEMENT FOR BENEFIT OF LOTS 1 THROUGH 6 FOR ACCESS AND UTILITY PURPOSES. SAID EASEMENT SHALL BE KEPT OPEN AND FREE OF ANY ONS, INCLUDING. PERMANENT EXCAVATIONS. BUILDINGS. OR PERMANENT STRUCTURES.
KEITH
DATE: S. BUSH. LS. B494OBSTRUCT!
' R. HEBERT. P.LS. NO. 5870 VEYOR
ALAMEDA COUNTY
RAYMOND
CITY SUR CITY
STATE OF CAU
OF OAKLA
tND,
FORNIA
CITY ENGINEER’S STATEMENT:
CLERK OF THE BOARD OF SUPERVISORS STATEMENT:
I. ANIKA CAMPBELL-BELTON. CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA. STATE OF CALIFORNIA, DO HEREBY STATE
THAT CERTIFICATES HAVE BEEN FILED AND DEPOSITS HAVE BEEN M CONFORMANCE WITH THE REQUIREMENTS OF SECTION 66492 AND 66
OF THE GOVERNMENT CODE OF THE STATE OF CAUFOR
ko GINEER, HAVING BEEN
ENGINEER OF THE CITY
THAT I HAVE EXAMINED THE HEREON
_ ACTING C
ONS OF THE
ITY ENTHOR!IZE[
LAND TO PERFORM
D. DO HEREBY
THE FUNCT1 CERTIFY
CITY
OF OAK
EMBODIED MAP ENTITLED "TRACT MAP NO. 8471, CITY OF OAKLAND, COUNTY OF
N AS SHOWN IS
tVE MAP. IF
T ALL THE
LOCAL ORDINANCE
VE MAP.-IF REQUIRED.
3855 WEST STREET LLC, A CALIFORNIA LIMITED UABILITY COMPANY ADE IN 3493STATE OF CALIFORNIA": THAT THE SUBDIVI
ALLY THE SAME AS IT APPEARED ON THE
ED. AND ANY APPROVED ALTERATIONS THEREOF;
JONS OF THE SUBDIVISION MAP ACT AND OF ANY
UCABLE AT THE TIME OF APPROVAL OF THE I-"
HAVE BEEN COMPLIED WITH.
ALAMEDA,
STANTI
SlOt
TEN5UB
REQUIRI
PRO VI SI
TAT! NIA.THADATE: DATE:.
PBELL—BELTON, CLE
SUPERVISORS, COUNTY OF CALIFORNIA
ANIKA CAM RK OF THE BO
ALAMEDA, STA
)ARD
TE OF
APP TENTATI
JACKIE ERBE TITLE:
OF
IN W!TNESS WHEREOF, I HAVE HEREUNTO SET MY HAND
OF 20
THIS
DAY BY:
DEP
UTY CLERKSIGNATURE:___
PRINTED NAME:.
R.C.E. NO_____
RECORDER’S STATEMENT:
FILED THIS_
IN BOOK______OF PARCEL MAPS, AT PAGES.
AT THE REQUEST OF OLD REPUBLIC TITLE COMPANY.
.DAY OF. .. 20____ AT.
M.
OWNER'S ACKNOWLEDGMENT: ACTING CITY ENGINEER
CITY OF OAKLAND. ALAMEDA COUNTY
STATE OF CAUFORNIA
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED. AND NOT THE TRUTHFULNESS, ACCURACY; OR VAUDITY OF THAT DOCUMENT. FEE: WlLK
RECCSTATE OF CAUFORNIA
COUNTY OF________
MEUSSA
SS
CITY PLANNING COMMISSION'S STATEMENT
THIS MAP IS BASED ON A TENTATIVE TRACT MAP APPROVED BY THE CITY
PLANNING COMMISSION OF THE CITY OF OAKLAND AT THEIR MEETING ON __________________ -w____ AND WHEN RECORDED THIS MAP BECOMES THE OFFICIAL MAP OF THE LAND DIVISION.
ORDERCOUNTYSERIES:
ON
BEFORE ME,
NOTARY PUBUC IN AND FOR SAID COUNTY AND STATE. PERSONALLY APPEARED ________________ ROSETTA SHATKIN'
BY:
20 DEPUTY COUNTY RECORDER
PROVED TO ME ON THE BASIS OF
NAME IS SUBSCRIBED TO THE WITHIN IN'
EXECUTED THE SAME IN HE AUTHORIZED
INSTRUMENT THE PERSON. OR THE
EXECUTED THE INSTRUMENT.
WHO
SATISFACTORY EVIDENCE TO BE THE PERSON
STRUMENT AND ACKNOWLEDGED TO ME THAT HE
CAPACITY. AND THAT BY HIS SIGNATURE ON THE
ENTITY UPON BEHALF OF WHICH THE PERSON ACTED.
WHOSE
IN WITNESS WHEREOF. I HAVE HEREUNTO SET MY HAND THIS.20______________________________________ ADDITIONAL DOCUMENT RECORDED CONCURRENTLY WITH THIS MAP:
DECLARATION RE: EASEMENTS. MAINTENANCE AND DISPUTE PROCEDURES
RECORDED
DAY OF
UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CAUFORNIA'
FOREGOING PARAGRAPH IS TRUE AND CORR
I CERTIFY
THAT THE CATHERINE PAYNE
SECRETARY OF THE
CITY OF OAKLAND. ,
STATE OF CALIFORNIA
20___ AS SERIES NO.ECT.
CITY PLAN!
ALAMEDA C
NING COMMISSION lOUNTY
WITNESS MY HAND:
SIGNATURE OF NOTARY:
PRINTED NAME OF NOTARY:
(NOTE: SEAL OPTIONAL IF THE FOLLOWING INFORMATION IS COMPLETED) MY COMMISSION EXPIRES:
MY COMMISSION NUMBER:
COUNTY OF PRINCIPAL PLACE OF BUSINESS:
CITY CLERK'S STATEMENT
I. ASHA REED. CITY CLERK AND CLERK OF THE CITY COUNCIL OF THE CITY OF OAKLAND, COUNTY OF ALAMEDA. STATE OF CAUFORNIA. DO HEREBY CERTIFY THAT THE HEREIN EMBODIED MAP ENTITLED "TRACT MAP 8571", CITY OF OAKLAND, COUNTY OF ALAMEDA, CAUFORNIA"; WAS PRESENTED TO SAID COUNCIL AT A REGULAR MEETING HELD ON _______________
THAT SAID COUNCIL DID THEREUPON BY RESOLUTION NUMBER APPROVE SAID MAP.
AND
TRACT MAP NO. 8571
A 6 MINI LOT SUBDIVISION
BEING A MERGER AND RESUBDIVION OF
LOTS 1 8c 2 AND A PORTION OF LOT 3, BLOCK
MAP OF MAJOR GIVEN TRACT. (10 M 26)
CITY OF OAKLAND, ALAMEDA COUNTY,
STATE OF CALIFORNIA
JUNE, 2021
I FURTHER STATE THAT ALL AGREEMENTS AND SURETY AS REQUIRED BY LAW TO
ACCOMPANY THE MAP HAVE BEEN APPROVED BY THE CITY COUNCIL OF THE
CITY OF OAKLAND AND ARE FILED IN
MY OFFICE.
E,
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS.20____ DAY OF.
BAY AREA LAND SURVEYING INC.
3065 RICHMOND PARKWAY, SUITE 101
RICHMOND, CA 94806
(510) 223-5167
APN 012-0960-017 SHEET 1 OF 2 /WEST4089—TM
ASHA REED
'LERK OF THE COUNCIL OF THE CITY OF OAKLAND,
TY OF ALAMEDA, STATE OF CALIFORNIA
AND C COUNT
20-4089
GRAPHIC SCALEPRIVATE UTILITY
EASEMENT LINE CHART
imSt'WW - DIRECTION ESTABLISHED Br SPUT OF MPROmiENTS HiW MONUMENT FOR POSHIOH"2X.tr'1^—,JW------ 10 40 —m-----59100'
ts .
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BEARINGUNE DISTANCE
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*S8S|3
X S a
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t-
LEGEND
FOUND CITY MONUMENT AS NOTED
MAP OF ( ) RECORD DATAresubdivision
WHITE HOUSE
12.0'
OF LOTS 1 TO u PLOT (13 M 4a, U
18.0'
+ I
RECORDED DEEDS10.0' 1Z0'10.0' 28.0'M..R5 TOTALU..R5 U..R5 CTBR)
TO BE REMOVED BY THIS SUBDIVISIONCENTERLINECL
PRIVATE ACCESS & UTILITY EASEMENT
PAUE
■ i
Sa la
PRIVATE UTILITY EASEMENT
PUE
§ 8§ 8S
---------------ADJACENT PAROELAOT UNE
------------- CENTERUNE
—;----------EASEMENT UNE
---------- HISTORIC PARCEL/LOT UNE
---------------- MONUMENT UNE
■ SUBJECT PROPERTY
----------------HE UNE
- • • .------- TRACT DIVIDING UNE
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s 2*7
H2 p_l 8
MAP OF SHERIDAN TRACT
BLOCK I 119 M 321
I3 *iSS2
3 *
s H§ W R BASIS OF BEARINGS:
. NirOS*15"E BETWEEN FOUND MONUMENTS WITHIN MARTIN LUTHER KING JR. WAY AS SHOWN ON RECORD OF SURVEY NO. 3232 (46 RS 37) I Si
w
8 MAP OF THE
MAJOR GIVEN TRACT
BLOCK E (10 M 26)
& Pi 6
s g
w ® 3sI ha s
5 C/D 5 a
I Pi BASIS OF SURVEY:
THE LOT LOCATION WAS BASED UPON THE MAP OF MAJOR GIVEN TRACT (10 M 26) AND THE SPUT OF IMPROVEMENTS ESTABUSHING THE RIGHT WAYS OF WEST, 40TH, APGAR-AND LUSK STREETS.
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s
£8 18 MAP REFERENCES:
R1 MAP OF MAJOR GIVEN TRACT (10 M 26)
R2 MAP OF SHERIDAN TRACT (19 M 82)
R3 MAP OF RESUBDIVISION OF LOTS 1 TO 14 WHITE HOUSE PLOT (18 M 48) R4 RECORD OF SURVEY R/S NO. 3232 (46 RS 37)
R5 CITY OF OAKLAND MONUMENT MAP NO. 268 & 2B5
S I SICO £
7I H
N78’55’J0mW
116.64-HELD PER Rl LOT 5./if
1 Pi7SLOT 4 COish—I 5
w
£ •
8 ®
1 fi
4 O8 i
RED HOMES 3. LLC (2014-170419) a
£
2I If b§
2yS
9Cl
I § aL s ■^@b
m&srr 116.64' (T)
I
\( SBJ!r-L0T6 SBJt-LOTl
[ LOTI 3
2 5 |Vj AREA = 1,429 SO. FT.
a-----j g------old ioi UN£ (jbx)
lasi'l
p 10.81'
10.81f\
CO
bis LOT 6
^ __AREA = 1,516 SO. FT.
IS 1%
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8 •KaS3< CO
DC Ol a I
§
117 EI si 6 i £10.81'
b fa b
[§ §e2
^ S7555WT 38Jt
LOT 2
AREA = 1,117 SO. FT.
----------------OLD LOT UNE (TBR)
I 10.81'
*82 Si
b
P§ 8 5a§
1S I10.81l
I g g67V353UV SSJl' 8s
TRACT MAP NO. 8571S78S83DT SSLXTg 1 bss 10.0'
5 10.0' 280' 12.0'
LOT 3
AREA = 1,452 SO- FT.
M
5?
12.0'^iSSL U..R5
A 6 MINI LOT SUBDIVISION
BEING A MERGER AND RESUBDIVION OF
LOTS 1 fic 2 AND A PORTION OF LOT 3, BLOCK E,
MAP OF MAJOR GIVEN TRACT, (10 M 26)
CITY OF OAKLAND, ALAMEDA COUNTY,
STATE OF CALIFORNIA
SCALE 1” = 20*.
LOT 4
gg AREA = 1,596 SO. FT.
U..R5
5U..R5 5
7 _U_
J asf-LQTJ \7
SW54-59X
40.00''.8£
ft.vatf-LOr *\\ m.ti 07 is SAl artect S3
g S78'54'07ME 121.82' ft§
apgar street
(60' WIDE)
ai
JUNE, 2021
BAY AREA LAND SURVEYING INC.
_ CENTERUNE: _
S7854'06'E 74816'
HELD PER R4 li s!lli
EXISTING CONCRETE CURS
1 APGAR ST. §
(60‘ WE) “
las.
3065
RICHMOND PARKWAY. !
RICHMOND, CA 9480
(510) 223-5167
APN 012-0960-017 SHEET 2 OF 2 /WEST4089—TM 20-4089
SUITE 1016
S78-54'07T - CENTERLINE ESTABUSHED BY SPUT OF IMPROVEMENTS 9)