1 OAKLAND CITY COUNCIL
RESOLUTION NO. __________ C.M.S.
_________________________________________________________________________________________________________
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO
ENTER INTO THE FIR ST AMENDMENT OF THE PHASE I
SUBDIVISION IMPROVEMENT AGREEMENT (SIA) BETWEEN THE
CITY OF OAKLAND AND OAK KNOLL VENTURE ACQUISITION,
LLC TO RELEASE “PARCEL R” AS SHOWN ON THE FINAL MAP NO. 8320 AND TERMINATE THE SIA WITH RESPECT TO PARCEL R ;
AMENDING CONDITION OF APPROVAL #24(e) OF PRELIMINARY
DEVELOPMENT PLAN (PDP) PERMIT (PLN 15378) TO MODIFY THE
DEADLINE FOR THE COMPLETION OF THE RESTORATION OF
CLUB KNOLL ; 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 , which is identified by : (1) the Alameda County Assessor as APN 043A-4675-003-23, (2) the Alameda County Clerk -Recorder as Tract No. 8320, and (3) the City of Oakland as 8750 Mountain Boulevard; and
WHEREAS, on October 5, 20 22, the Subdivider and the City of Oakland, a California municipal corporation (“City”), entered into a Subdivision Im provement Agreement (“SIA”) for Deferred Construction of Public Infrastructure Improvements recorded in the Official Records of Alameda County as Series No. 2022179313 for Oak Knoll Phase One related to Tract M ap No. 8320, filed 10/31/2022 in Book 369 of Maps, page 8 through 16, inclusive, in the Alameda County Official Records; and
WHEREAS, the Subdivider obtained construction permit PX1700067 for the public infrastructure work required by the SIA and provided surety in the form of a Performance Bond in the amount of $8,195,050 and Labor and Materials Bond in the amount of $4,097,525; and
WHEREAS, the Subdivider is constructing the public improvements as required by the SIA; and
WHEREAS, the Subdivider has petitioned the City to amend the SIA substantially in the form (“First Amendment”) attached hereto as Exhibit A and incorporated hereinto:
• Release Parcel R from the SIA,
• Terminate the SIA with respect to Parcel R only, and
Approved as to Form and Legality
Office of the City Attorney
2 • Remove and release the SIA as an encumbrance against Parcel R.
WHEREAS, the Subdivider has also petitioned t he City to amend the condition of approval #24(e) of Preliminary Development Plan (“PDP”) permit ( PLN 15378) to modify the deadline for the completion of the restoration of Club Knoll; and
WHEREAS, this action is exempt from the requirements of CEQA pursu ant to CEQA Guidelines sections 15061(b)(3) (no si gnificant 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 independent basis and when vie wed collectively as an overall basis for CEQA clearance; now, therefore, be it
RESOLVED: That the City Administ rator is hereby authorized to enter into the First Amendment of the SIA; and be it
FURTHER RESOLVED : That the City Engineer is a uthorized to cause the fully executed First Amendment to be filed for recordation by the Alameda County Cler k-Recorder; and be it
FURTHER RESOLVED: The amendment to Condition of Approval #24(e) of the PDP Permit (PLN 15378), modifying the deadline for the completion of the restoration of Club Knoll, is hereby approved; and be it
FURTHER RESOLVED : the last sentence of Condition of Approval #24(e) of PDP Permit (PLN 15378) be amended as follows (deletion of text indicated by strikeout):
“Prior to issuance of any building permits for Phases 2 or 3, or within 2 years from the issuance of the Oak Knoll demolition permit for relocation, whichever comes first, Developer shall complete (via City issuance of a certificate of occupancy) restoration of Club Knoll.”; and be it
FURTHER RESOLVED : That all documents related to this Resolution shall be reviewed and approved by the Office of the City Attorney prior to execution; and be it
FURTHER RESOLVED : That the Council finds and dete rmines that the project is exempt from CEQA pursuant to 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 15332 (infill development pro jects), each as a separate and independent basis and when viewed collectively as an overall basis for CEQA clearance; and be it
3 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 - 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. 8320.
Exhibit B, Subdivision Improvement Agreement.