1 OAKLAND CITY COUNCIL
RESOLUTION NO. __________ C.M.S.
_________________________________________________________________________________________________________
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO
ENTER INTO A SUBDIVISION IMPROVE MENT AGREEMENT WITH
OAKMEDA MANAGEMENT, LLC, FOR DEFERRED CONSTRUCTION
OF PUBLIC INFRASTRUCTURE IMPROVEMENTS AS A CONDITION
TO FINAL MAP APPROVAL FOR TRACT NO. 8393 LOCATED AT 4430, 4440, AND 4448 HOWE STREET , AND ADOPT ING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, Oakmeda Management, LLC , a California limited liability company (“Subdivider”), is subdividing the property at 4430, 4440, and 4448 Howe Street identified by the Alameda County Assessor as APNs 013-1128-018-00, 013-1128-019-00, and 013-1128-020- 00, and by the Alameda County Clerk- Recorder as Tract No. 8393, and by the City of Oakland (“City”) as 4432 Howe Street; and
WHEREAS, the Subdivider has acquired by purchase for valuable considera tion the real property comprising Trac t No. 8393 through a grant deed, series no. 2018054216, recorded March 16, 2018, by the Alameda County Clerk-Recorder; and
WHEREAS, said parcel is comprised of all of lots 22 through 26, in block “R”, as said lots and block are shown on that certain map entitled “Map Of Thermal hill, Formerly The Howe Tract, Oakland Township, Alameda County, California,” filed for record on September 15, 1894 in Map Book 19, Page 52, Alameda County Records; and
WHEREAS, as part of th e Project, the Subdivider specifically applied to the City of Oakland for a Tentative Tract Map (“TTM 8393”) to subdivide said parcel, which proposed:
• Subdivision of existing lot s into seven (7) mini-lots accessed by a shared access and utility easement from Howe Street; and
• Construction and renovation of seven residential detached buildings; and
WHEREAS, on June 12, 2017, the City Planning Commission approved the Tentative Tract Map for Tract No. 8393 and the land use entitlements ( “PLN17095”), and affirmed staff’s environmental determin ation th at the project is exempt from the 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 15301 (existing facilities); and
WHEREAS, the Subdivider has presented a Final Map to the City, identified as Tract Map No. 8393, which p roposes the subdivision of seven (7) developable parcels, for seven (7) residential detached units development, identified as Lots 1, 2, 3, 4, 5, 6 and 7; and Approved as to Form and Legality
Office of the City Attorney
2 WHEREAS, through a separate companion Resolution, staff is seeking conditiona l approval of Final Map No. 8393; and
WHEREAS, the Subdivider has employed a competent design professional, who is licensed by the State of C alifornia 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 PX1800046 and the Subdivider ’s plans and specifications for construction of the required public infrastructure improvements, attached hereto as Exhibit A 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. 8393, the Subdivider has executed a Subdivision Improvement Agreement (“SIA”), 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 SIA , the Subdivider has deposited adequate security in the form of surety bonds to secure the Subdivider ’s performance o f the deferred p ublic infrastructure improvements identified in the Subdivision Improvement Agreement; and
WHEREAS, this action is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15061(b)(3) (no significant effect on the environm ent), 15183 (pro jects 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 or designee is hereby authorized to enter into an SIA with Oakmeda Management , LLC for deferred construction of public infrastructure improvements as a condition to final map approval for Tract No. 8393; and be it
FURTHER RESO LVED: That all documents related to this Resolution shall be reviewed and approved by the City Attorney’s Office prior to execution; and be it
FURTHER RESOLVED: T hat the City Engineer is authorized to cause the fully executed SIA to be filed concurrently with the fully endorsed Final Map for Tract No. 8393 for recordation by the Alameda County Clerk-Recorder; and be it
FURTHER RESOLVED: That the City Council determines this action is exempt from the requirements of CEQA pursuant to CEQA Guidelines sec tions 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 3 independent basis and when viewed collective ly as an ove rall basis for CEQA clearance; 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, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID 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. 8393.
Exhibit B, Subdivision Improvement Agreement and Public Infrastructure Improvements.