APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION GRANTING A CONDITIONAL AND REVOCABLE
MAJOR ENCROACHMENT PERMIT ENMJ22051TO VIOREL BOGDAN,
TO ALLOW PORTIONS OF EARTH RETAINING STRUCTURES TO
ENCROACH INTO THE PUBLIC RIGHT OF WAY ALONG GIRVIN
DRIVE, ADJACENT TO 6570 GIRVIN DRIVE; AND ADOPTING
APPROPRIATE CALIFORNIA ENVIROMENTAL QUALITY ACT
FINDINGS
WHEREAS, Viorel Bogdan (Permittee), is the owner of the real property known as 6570 Girvin Drive and described in a Grant Deed recorded January 11, 2018, by the Alameda County Clerk-Recorder and identified by the Alameda County Assessor as APN: 048D-7302-061-03 commonly known as 6570 Girvin Drive hereto and incorporated herein (Property); and
WHEREAS, Permittee proposes to construct a five-story single family residence on the Property (Project); and
WHEREAS, the Project is designed such that approximately eighteen feet, seven inches of the new earth retaining structures will encroach into the public right-of-way (currently controlled by the City) on Girvin Drive, the encroachment limits of which are delineated on Exhibit A hereto and incorporated herein (Encroachments); and
WHEREAS, the City Planning Bureau has approved the development of the Project (PLN20020, RBC2003383), subject to a condition of approval that Permittee obtain a conditional and revocable major encroachment permit of the Encroachments; and
WHEREAS, Permittee has filed an application with the Oakland Department of Transportation for such conditional and revocable major encroachment permit (ENMJ22051), hereinafter referred to as the “Permit”; and
WHEREAS, staff has determined, in accordance with the Oakland Municipal Code Chapter 12.08 and based on review of the plans and investigation of the Property and the area of the proposed Encroachments, that the Encroachments in the public right-of-way and their location will not interfere with the public use of the roadway, sidewalk, buried utilities, and will not endanger the public welfare and convenience during said public use; and
WHEREAS, each as a separate and independent basis, this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 15303 2 (New Construction or Conversion of Small Structures), CEQA Guidelines section 15532 (In-Fill Development Projects), and CEQA Guidelines section 15183 (Projects Consistent with a Community Plan or Zoning); now, therefore, be it
RESOLVED: That the City Council has reviewed all relevant documents relating to its grant of this permit; and be it
FURTHER RESOLVED: That the City Council finds and determines that the decision made hereby is exempt from CEQA pursuant to CEQA since, on a separate and independent basis, this action is exempt from CEQA pursuant to CEQA Guidelines sections 15303 (New Construction or Conve rsion of Small Structures) , CEQA Guidelines section 15332 (In- Fill Development Projects), and CEQA 15183 (Projects Consistent with a Community Plan or Zoning); and be it
FURTHER RESOLVED: That the City Council hereby grants to the Permittee a conditional revocable Permit to allow the Encroachments, which Permit shall take effect only upon the City and Permittee entering into an Indenture Agreement in substantially the same form as attached hereto as Exhibit B (Indenture Agreement), the conditions therein being incorporated into the Permit; and be it
FURTHER RESOLVED: That the City Council, at its sole discretion and at a future date not yet determined, may impose additional and continuing fees for use and occupancy of the public right-of-way; and be it
FURTHER RESOLVED: That the Permit authorized by this Resolution shall take effect when all the conditions and obligations set forth in the Indenture Agreement shall have been complied with to the satisfaction of the City Attorney and the City Engineer of the City of Oakland and shall become null and void upon the failure of the Permittee to comply with the conditions and obligations set forth in the Indenture Agreement, subject to the notice and cure provisions set forth therein, or upon a termination by resolution of the City Council as being in the City’s best interest; and be it
3 FURTHER RESOLVED: That the City Engineer is hereby directed to file a certified copy of this Resolution for recordation with the Office of the Alameda County Clerk-Recorder as an encumbrance of the title of the Property identified above.
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: 6570 Girvin Drive Encroachments (2 pages)
Exhibit B: Indenture Agreement (14 pages)
4 EXHIBIT A: 6570 GIRVIN DRIVE ENCROACHMENTS
Retaining Walls Encroaching into the Public Right of
Way
5 EXHIBIT A (Continued)
Architectural Rendering of Encroachment
6 EXHIBIT B: INDENTURE AGREEMENT
(Attached Separately)