Title
Adoption of Resolution Approving Parcel Map No. 10960 for the Proposed Subdivision of Three Parcels Located at 1310 Harbor Bay Parkway, 1410 Harbor Bay Parkway, and 1430 Harbor Bay Parkway into Six Parcels for Commercial Condominium Purposes. (Planning, Building & Transportation 209)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
On June 24, 2019, the Planning Board approved three new “flex” buildings, designed for office and light industrial units, and recommended the City Council approve Parcel Map No. 10960 with conditions. Approval of the Parcel Map would create two commercial condominium units in each building that would allow future sale of the individual tenant spaces once each building is built.
BACKGROUND
On June 24, 2019, the Planning Board held a public hearing and approved Final Development Plan and Design Review for three new “flex” buildings, designed for office and light industrial units. The approved buildings will be built by the applicant without a specific tenant in mind. The combined square footage of the three buildings is approximately 321,260 square feet, with each building ranging from 93,450 square feet to 125,853 square feet in size. As has been common with recent similar developments in the Harbor Bay Business Park, the applicant has noted that potential future tenants have expressed the desire to outright purchase a tenant space, rather than leasing. To accommodate the potential future sale of a tenant space, the applicant is requesting approval of Parcel Map No. 10960 to create two commercial condominium units in each of the three approved buildings. The Planning Board recommended City Council approval of the Parcel Map.
DISCUSSION
Subdivision Requirements and Findings
The proposed subdivision is consistent with Subdivision Map Act Section 66426(c), which excludes subdivisions of five or more parcels from requiring a tentative and final map, in that the subject site has approved access to public streets Harbor Bay Parkway and South Loop Road and comprises of land zoned C-M PD, which allows for industrial or commercial development by-right, and which has City of Alameda (City) approval as to street alignments and widths.
In order to approve the Parcel Map, the City Council must make the following findings:
1. The subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and Zoning for this site.
2. The site is physically suitable for the type and proposed density of the development.
3. The design of the subdivision and proposed improvements, as conditioned, will not cause environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
4. The design of the subdivision and its improvements will not conflict with easements acquired by the public at large for access through or use of property within the subdivision.
5. The design of the subdivision and its improvements will not cause serious public health problems.
6. The subdivision will not result in the discharge of waste into the sewer system that would violate regional water quality control regulations.
7. The subdivision complies with the Subdivision Map Act, and the City Engineer has reviewed Parcel Map No. 10960 and verified that it conforms to all technical requirements under the Subdivision Map Act and Alameda Municipal Code (AMC).
The Planning Board was able to make the preceding findings and, therefore, recommended approval of the Parcel Map to the City Council.
Sanitary Sewer System Consistent with Regional Water Quality Control Regulations
Additionally, AMC Section 30-78.5.h requires that the City Council determine whether the discharge of waste from the subdivision into the sewer system would violate regional water quality control regulations. The project’s proposed sanitary sewer system was reviewed as part of the Final Development Plan and Design Review application by the Planning Board and found to be consistent with regional water quality control regulations. The creation of commercial condominiums in each building will not alter the design and function of the sanitary sewer system and, therefore, the project will remain compliant with regional water quality control regulations.
Conditions of Approval
The parking lot, landscaping and other common areas for these buildings would be separate parcels. Consistent with other commercial condominiums in the Harbor Bay Business Park, the Planning Board recommends as a condition of approval that the applicant record Covenants, Codes, and Restrictions (CC&Rs) on the property that designate responsibility between future owners for the maintenance and upkeep of these common areas. Additionally, the Planning Board recommends a condition of approval that if the CC&Rs were to include assignment of parking spaces to individual condominium owners, the assignment not be at a rate less than two and a half parking spaces per one thousand square feet (2.5/1,000) of floor area, which is the minimum parking standard for these buildings.
ALTERNATIVES
• Adoption of Resolution Approving Parcel Map No. 10960 -
• If the City Council could not make any of the required findings based on the staff report, it may direct staff to provide further information to support the finding(s).
FINANCIAL IMPACT
There is no financial impact from the project since all of the improvements are private and will be constructed by the subdivider and maintained by the property owner.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Approval of the map is consistent with the Real Estate Subdivision Regulations in Section 30-78 of the AMC and the Subdivision Map Act.
ENVIRONMENTAL REVIEW
In accordance with the California Environmental Quality Act (CEQA), the City previously prepared and certified/adopted the Final Environmental Impact Report for Harbor Bay Isle, State Clearinghouse No. 1984112706 (EIR), and the Addendum thereto (together, Previous CEQA Documents), , which contemplated development of the entirety of the Harbor Bay Business Park. A review of environmental factors for the Project, including, but not limited to, traffic, airport land use compatibility, noise, and biological conditions revealed that none of the circumstances necessitating further CEQA review are present, thus the City can rely on the Previous CEQA Documents.
CLIMATE IMPACTS
The Parcel Map does not have any climate impacts.
RECOMMENDATION
Adopt a resolution approving Parcel Map No. 10960 - a Parcel Map for the proposed subdivision of three parcels located at 1310 Harbor Bay Parkway, 1410 Harbor Bay Parkway, and 1430 Harbor Bay Parkway into six parcels for condominium purposes.
CITY MANAGER RECOMMENDATION
The City Manager recommends adoption of the resolution approving Parcel Map No. 10960.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
Scott Wikstrom, City Engineer
By,
David Sablan, Planner II
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Parcel Map
cc: Eric Levitt, City Manager