1 OAKLAND CITY COUNCIL
RESOLUTION NO. __________ C.M.S. _________________________________________________________________________________________________________
RESOLUTION CONDITIONALLY APPROVING A FINAL MAP FOR
TRACT NO. 8320 (PHASE 1), LOCATED AT 8750 MOUNTAIN
BOULEVARD (OAK KNOLL PROJECT PHASE 1) FOR A NINETEEN
PARCEL SUBDIVISION AS PART OF PROPERTY OWNED BY OAK
KNOLL VENTURE ACQUISITION , LLC; AND MAKING
APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) FINDINGS
WHEREAS, Oak Knoll Venture Acquisition, LLC, a Delaware limited liability company (“Subdivider”), is the Subdivider of the property at 8750 Mountain Boulevard identified by the Alameda County Assessor as APN 043A-4675-003-23, and by the Alameda County Clerk- Recorder as Tract No. 8320, and by the City of Oakland as 8750 Mountain Boulevard; and
WHEREAS, the Subdivider has acquired by purchase for valuable consideration the real property comprising Tract No. 8320 through a grant deed, series no. 2014117035, recorded May 9, 2014, and grant deed, series no. 2017017623, recorded January 24, 2017, by the Alameda County Clerk-Recorder; and
WHEREAS, Subdivider prepared for City Council consideration the Oak Knoll Mixed- Use Community Plan Project that provides for the development of 918 residential units, over 84 acres of parks and open space and over 72,000 square feet of neighborhood serving commercial space within the approximately 183-acre site, and submitted development applications for: a General Plan Amendment; Rezoning; a Preliminary Planned Unit Development Permit for the entire project; a Final Development Plan for Master Developer Site Improvements, a Final Development Plan for Club Knoll Relocation and Rehabilitation, a Vesting Tentative Tract Map (TTM 8320), a Conditional Use Permit for Shared Access Facilities, a Creek Permit, and a Tree Removal Permit ("Project"); and
WHEREAS, the Subdivider specifically applied to the City for a Vesting Tentative Tract Map (TTM 8320) (“Tract Map No. 8320”) to subdivide said platted land, which proposed:
• Subdivision of existing lot into nineteen (19) parcels; and • The nineteen (19) parcels are to consist of commercial space, open space, community parks, Rifle Range Creek, public right-of-way, single-family residences and condominiums; and
• A maximum of 346 dwelling units for Phase 1 of the Project (“Tract Map No. 8320 (Phase 1”); and
• Public access easements and public utility easements; and
Approved as to Form and Legality
Office of the City Attorney
2 WHEREAS, on November 7, 2017, the City Council approved the Vesting Tentative Tract Map for Tract No. 8320 and the land use entitlements (PLN15378), and certified the Supplemental Environmental Impact Report (SEIR) for the Project; and
WHEREAS, the Subdivider has presented a Final Map to the City, identified as Tract Map No. 8320 (Phase 1), which proposes the subdivision of nineteen (19) developable parcels, identified as Parcels 4, 5, 6, 7 (Lots 170-196, AA, and Street “A”, “B”), 9 (Lots 197-231), 10 (Lots 232-233, 235-255), 11, 12, 19, 23, 24, A, B, G, H, L, M, N, S. Parcel 5 is designated for commercial purposes, and Parcels 4, 6, 11, 12, 19, 23, and 24 are designated for condominiums.
Parcels 7, 9, and 10 are designated for single family residential, and Parcels 7 and M are for public street and utility purposes. The remaining parcels are for open space, creek, or community parkland; and
WHEREAS, the City Clerk has certified that the City Council approved the Vesting Tentative Tract Map for Tract No. 8320 (Phase 1), upon which said Phase 1 Final Map is based; and
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. 8320 (Phase 1), delineated diagrammatically in Exhibit A attached hereto and incorporated herein, is substantially the same as it appeared on the approved Tract Map No. 8320, which created developable Parcels 4, 5, 6, 7 (Lots 170-196, AA, and Street “A”, “B”), 9 (Lots 197-231), 10 (Lots 232-233, 235- 255), 11, 12, 19, 23, 24, A, B, G, H, L, M, N, and S.; and
▪ the Final Map for Tract No. 8320 (Phase 1) 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 nineteen (19) 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. 8320 (Phase 1); and
WHEREAS, the Subdivider has employed a competent design professional, who is licensed by the State of California to p ractice civil engineering, to prepa re plans and specifications for the construction of r equired surface and subsurface public infrastructure improvements in the public right of way; and
WHEREAS, the City Engineer has approved Infrastructure Permit No. PX1700067, recorded P-Job agreement at Alameda County, document number 201924 7294, and the Subdivider’s plans and specifications for construction of the required public infrastructure 3 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 from the City Council for the City Administrator to enter into a Subdivision Improvement Agreement (“SIA”) 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. 8320 (Phase 1), 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 infr astructure improvements identified in the SIA; and
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, which each provide, on a separate and independent basis and when viewed collectively, an overall basis for CEQA clearance; now, therefore, be it
RESOLVED: That the Final Map for Tract No. 8320 (Phase 1) 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 SIA; 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 successive owners , Homeowners Association (“HOA”), the Community Facilities District (“CFD”), and/or the Geologic Hazard Abatement District (“GHAD”) shall be responsible, as set forth in the Project’s approval documents, 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 SIA shall void approval of the Final Map and shall result in reversion to acreage to the original parcel(s) comprising Tract No. 8320; and be it
FURTHER RESOLVED: That the City Engineer is hereby authorized to endorse the Final Map for Tract No. 8320 (Phase 1); and be it
4 FURTHER RESOLVED: That the City Clerk of the City of Oakland is her eby authorized to endorse the Final Map for Tract No. 8320 (Phase 1) upon its execution by the City Engineer; and be it
FURTHER RESOLVED: That the City Engineer is hereby authorized to cause the fully executed Final Map for Tract No. 8320 (Phase 1) to be filed with the Alameda County Clerk-Recorder for recordation; and be it
FURTHER RESOLVED: That the City’s approval of Tract No. 8320 (Phase 1) 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 , which each provide, on a separate and independent basis and when viewe d collectively, an overall basis for CEQA clearance; and be it
FURTHER RESOLVED: That this Resolution shall be effective upon its adoption by a sufficient affirmative votes 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 A: Final Tract Map No. 8320.
Exhibit B: Subdivision Improvement Agreement and Public Infrastructure Improvements.