1 APPROVED AS TO FORM AND LEGALITY
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S
A RESOLUTION CONDITIONALLY APPROVING PARCEL MAP
NO. 8228, LOCATED AT KENILWORTH ROAD, FOR A FOUR LOT
SUBDIVISION WITH A REMAINDER PARCEL, A RIGHT-OFWAY DEDICATION AND A SEWER RESERVE ABANDONMENT, FOR PROPERTY OWNERS KENILWORTH PROPERTY, LLC;
AND ADOPTING APPROPRIATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS
WHEREAS, Kenilworth Property, LLC (“Subdivider”), is the owner of the real property at Kenilworth Road and described in a Grant Deed recorded June 28, 2023, Series No. 2023- 073316 and a Quitclaim Deed recorded December 13, 2024, Series No. 2024-152314 by the Alameda County Clerk-Recorder, commonly known as Kenilworth Road hereto and incorporated herein (“Property”); and
WHEREAS, the Subdivider prepared for the City of Oakland (“City”) Planning Commission consideration the Kenilworth Road Development that provides for the development of seven (7) new single-family homes and the extension of Kenilworth Road and submitted development applications for: a Planned Unit Development Permit (PUD04195) for the entire project; a Tentative Parcel Map (PM8228), a Creek Permit (CP04-068), and Environmental Review Permit (ER040006) ("Project"); and
WHEREAS, as part of the Project, the Subdivider specifically applied to the City of Oakland for a Tentative Parcel Map No. 8228 to subdivide said platted land, which proposed:
Subdivision of an existing lot into four (4) parcels and one (1) remainder parcel; and Construction of seven (7) single-family homes, including parking, landscaping, and post-construction stormwater management facilities, reflecting development on the four (4) parcels and one (1) remainder parcel to be created under the Parcel Map, as well as two adjacent parcels that will also be developed upon the completion of Kenilworth Road; and
Right-of-Way Dedication and roadway improvements, including widening and paving the unpaved portion of Kenilworth Road; and
Wildland fire protection; and
Geotechnical stabilization of the site and of upslope properties; and CITY ATTORNEY’S OFFICE
2 Enhancement and protection of a small on-site wetland and drainage course, including establishment of a creek boundary deed restriction, and protection of an off-site creek; and
Abandonment of an unused sewer reserve; and
WHEREAS, on November 15, 2006, the City Planning Commission approved the Tentative Parcel Map No. 8228 and the land use entitlements (PUD04195) for the Project, and also certified the Focused Environmental Impact Report (“EIR”) for the Project; and WHEREAS, on March 13, 2017, the City Planning Commission extended the planning entitlements (PUD04195) for the Project; and
WHEREAS, on October 25, 2017, the City Planning and Building Department extended the Planning entitlements (DET170117) for the Project, provided that the Subdivider submit their application for final map prior to July 9, 2022, which applicant subsequently did timely submit; and
WHEREAS, the Subdivider has presented a Parcel Map to the City, identified as Parcel Map No. 8228, which proposes the subdivision of four (4) lots and a remainder parcel; and WHEREAS, the Secretary of the City Planning Commission has certified that the Planning Commission approved the Tentative Parcel Map upon which said Parcel Map is based; and WHEREAS, the City Engineer of the City of Oakland has examined the Parcel Map and determined that:
the subdivision as shown on the Parcel Map No. 8228, delineated diagrammatically in Exhibit C attached hereto and incorporated herein, is substantially the same as it appeared on the approved Tentative Parcel Map No. 8228; and the Parcel Map. 8228 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 Parcel Map is technically correct and accurately delineates the proposed metes and bounds of the property boundaries separating the proposed four (4) lots and a remainder parcel, 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 Parcel Map No. 8228; 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 A and incorporated herein, with the Subdivider pursuant to Government Code section 66462 and Oakland Municipal Code section, 16.24.060, as a condition precedent to approval of the Parcel Map No. 8228, to assure the timely construction, 3 unconditional warrantee, and prescribed maintenance of all required public infrastructure improvements; and
WHEREAS, through a separate companion Resolution, staff is seeking approval for the City to grant a conditional and revocable major encroachment permit (ENMJ22054) such that privately owned and maintained retaining walls, pressurized sanitary sewer systems, storm drain systems, bioretention planters, and irrigation systems encroach into the public right-of-way along Kenilworth Road; the encroachment limits are delineated within the Indenture Agreement attached hereto as Exhibit B (Indenture Agreement); and
WHEREAS, this action is in compliance with the requirements of the California Environmental Quality Act (“CEQA”) as determined by the City Planning Commission’s approval of the Focused EIR; now, therefore, be it
RESOLVED: That the Parcel Map No. 8228 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 Parcel 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 Parcel 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 comply in all aspects with the SIA shall void approval of the Parcel Map and shall result in reversion to acreage to the original parcel(s) comprising Parcel Map No. 8228; and be it
FURTHER RESOLVED: That the City Engineer is hereby authorized to endorse the Parcel Map for Parcel Map No. 8228; and be it
FURTHER RESOLVED: That the City Clerk of the City of Oakland is hereby authorized to endorse the Parcel Map No. 8228 upon its execution by the City Engineer; and be it 4 FURTHER RESOLVED: That the City Engineer is hereby authorized to cause the fully executed Parcel Map No. 8228 to be filed with the Alameda County Clerk- Recorder for recordation; and be it
FURTHER RESOLVED: That the City’s approval of Parcel Map No. 8228 is in compliance with the requirements of CEQA; 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:
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
Exhibit A, Subdivision Improvement Agreement
Exhibit B, Indenture Agreement for Major Encroachment (ENMJ22054) Exhibit C, Parcel Map No. 8228
3486490v1_mcb
Exhibit A
Subdivision Improvement Agreement
See Companion Resolution:
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO
ENTER INTO A SUBDIVISION IMPROVEMENT AGREEMENT WITH
KENILWORTH PROPERTY, LLC, FOR DEFERRED CONSTRUCTION
OF PUBLIC INFRASTRUCTURE IMPROVEMENTS AS A CONDITION
TO PARCEL MAP APPROVAL FOR PARCEL MAP NO. 8228 LOCATED
AT KENILWORTH ROAD; AND MAKING APPROPRIATE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS
Exhibit B
Indenture Agreement for Major Encroachment (ENMJ22054)
See Companion Resolution:
A RESOLUTION GRANTING A CONDITIONAL AND REVOCABLE
MAJOR ENCROACHMENT PERMIT ENMJ22054 TO KENILWORTH
PROPERTY, LLC, TO ALLOW PRIVATELY OWNED AND
MAINTAINED RETAINING WALLS, PRESSURIZED SANITARY
SEWER SYSTEM, STORM DRAIN SYSTEM, BIORETENTION
PLANTERS, AND IRRIGATION SYSTEMS TO ENCROACH THE
PUBLIC RIGHT OF WAY BENEATH AND ADJACENT TO
KENILWORTH ROAD; AND ADOPTING APPROPRIATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FINDINGS
PRELIMINARY
§
Exhibit C