APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION CONDITIONALLY APPROVING A FINAL MAP FOR
TRACT NO. 8679, LOCATED AT 4035 PARK BOULEVARD, FOR AN
EIGHT MINI-LOT SUBDIVISION FOR 4035 PARK BOULEVARD, LLC,
AND ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) FINDINGS
WHEREAS, 4035 PARK BOULEVARD, LLC, a California limited liability company (“Subdivider”), is subdividing the property at 4035 Park Boulevard identified by the Alameda County Assessor as APN 024-0533-007 and by the City of Oakland (“City”) as 4035 Park Boulevard; and
WHEREAS, the Subdivider has acquired by purchase for valuable consideration the real property comprising Tract No. 8679 through a grant deed, series no. 2 023055147, recorded May 16, 2023, by the Alameda County Clerk-Recorder; and
WHEREAS, said parcel is comprised of all of lots 7 and 8, in block “A”, as said lots and block are shown on that certain map entitled “Fourth Avenue Terrace” filed for record on May 8, 1907, in Map Book 22, Page 93, Alameda County Records; and
WHEREAS, the Subdivider specifically applied to the City for a Vesting Tentative Tract Map (“VTTM 8679”) to subdivide said parcel, which proposed:
• Subdivision of existing lot into eight (8) mini-lots accessed by a shared access and utility easement from Hampel Street; and
• Construction of eight new residential buildings; and
WHEREAS, on March 6, 2024 , the City Planning Commission approved the Vesting Tentative Tract Map for Tract No. 8 679 and the land use entitlements ( “PLN23019”), and affirmed staff’s environmental de termination that the project is exempt from the California Environmental Quality Act (“ CEQA”) pursuant to CEQA Guidelines sections 21080(b)(1) (ministerial projects) and 15268 (ministerial projects); and
2 WHEREAS, the Subdivider has presented a Final Map to the City, identified as Tract Map No. 8 679, which proposes the subdivision of eight (8) developable parcels, for eight (8) residential buildings, identified as Lots 1, 2, 3, 4, 5, 6, 7, and 8; and
WHEREAS, the Secretary of the City Pla nning Commission has certified that the Planning Commission approved the Vesting Tentative Map for Tract No. 8679, upon which said 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. 8 679, delineated diagrammatically in Exhibit A attached hereto and incorporated herein, is substantially the same as it appeared on the approved Vesting Tentative Map No. 8679, which created developable Parcels 1, 2, 3, 4, 5, 6, 7, and 8; and
the Final Map for Tract No. 8 679 complies in all manners with the provisions of the Subdivision Map Act ( California Government Code sections 66410 et seq.) and the City’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 propo sed metes and bounds of the property boundaries separating the proposed seven (7) 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. 8679; 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 Infra structure Permit No. PX2400011, 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; 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”), attached hereto as Exhibit B and incorporated herein, with the Su bdivider 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. 8679, to assure the timely construction, unconditional warrantee, and prescribed maintenanc e of all required public infrastructure improvements; and
3 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 SIA; and
WHEREAS, the City’s approval of a final subdivision map is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 21080(b)(1) (ministerial projects) and 15268 (ministerial projects); now, therefore, be it
RESOLVED: That the Final Map for Tract No. 8679 conforms to all the requirements in Government Code sections 66410 et seq., 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, both individually as purchasers of real property and collectively as a homeowners association 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 comp ly 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. 8679; and be it
FURTHER RESOLVED: That the City Engineer is hereby authorized to endorse the Final Map for Tract No. 8679; 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. 8 679 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. 8 679 to be filed with the Alameda County Clerk - Recorder for recordation; and be it
FURTHER RESOLVED: That the City’s approval of Tract No. 8 679 is exempt from the requirements of CEQA pursuant to Public Resources Code section 21080(b)(1) and CEQA 4 Guidelines section 15268, which each provide, on a separate and independent basis and when viewed 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 vote of the elected members of Council of the City of Oakland, as provided in the Charter of the City.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303)
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
Exhibit A: Final Tract Map No. 8679
Exhibit B: Subdivision Improvement Agreement