Resolution 14614CITY OF ALAMEDA RESOLUTION NO. 14614
APPROVING TENTATIVE MAP 8060 AND DENSITY BONUS
APPLICATION PLN -10 -0262
WHEREAS, Mr. Phil Banta on behalf of Mr. Francis Collins is requesting
approval of Tentative MAP TM 8060 for the subdivision of an 9.48 acre site into 157
parcels for a proposed development of 182 residential units and associated public
open space, parking, landscaping and other improvements at the property owned by
Mr. Collins at 2229, 2235 and 2241 Clement Street (APN 071 029000100 and 071
028900500), also known as the "Boatworks" property; and
WHEREAS, the subject property is designated as Medium Density Residential
and Open Space on the General Plan Diagram; and
WHEREAS, the subject property is located in a R -2 /PD, Two Family
Residential /Planned Development Zoning District and Open Space Zoning District;
and
WHEREAS, the City of Alameda prepared and certified an Environmental
Impact Report (EIR) evaluating the proposal as required by the California
Environmental Quality Act (CEQA) in 2010 for a 242 unit proposal; and
WHEREAS, the EIR found that the proposed 242 unit project would result in
significant unavoidable impacts to the environment including significant unavoidable
impacts to air quality, significant unavoidable contributions and impacts to climate
change, and significant unavoidable impacts to pedestrian, and vehicular
transportation; and
WHEREAS, the EIR for the project found that the significant unavoidable
impacts could be substantially reduced and minimized by a Reduced Density
Alternative of 182 units and two acres of open space; and
WHEREAS, the Planning Board and City Council reviewed the Final EIR and
found that the analysis is adequate and that a reduced density alternative would
reduce the severity of several significant unavoidable environmental impacts, that a
reduced density alternative is feasible, and that the reduced density alternative does
meet the project objectives; and
WHEREAS, on September 21, 2010 the City of Alameda City Council certified
the EIR; and
WHEREAS, Mr. Banta for Mr. Collins have submitted a Tentative Map
application and a Density Bonus application for a reduced density alternative with
182 residential units; and
WHEREAS, Mr. Banta has informed the City that the applicant or future
developer may request multiple final maps for the tentative map pursuant to
Government Code 66456.1; and
WHEREAS, the application included a base project of 140 units with thirteen
(13) housing units affordable to very low income households and eight (8) units
affordable to moderate income households; and
WHEREAS, the project is eligible for a density bonus of 30% under California
Government Code 65915 and City of Alameda Municipal Code Section 30 -17; and
WHEREAS, Mr. Banta for Mr. Collins has requested the 30% density bonus
for a total project size of 182 residential units; and
WHEREAS, Mr. Banta and Mr. Collins have requested waivers from Alameda
Municipal Code Section 30 -52 (to allow multifamily housing), Section 30 -7.6 (to
allow one car garages in 30 attached townhomes), and Section 30 -4.2 (to allow lots
less than 2,000 square feet in size); and
WHEREAS, the Planning Board has held public hearings on April 26, 2010
and May 24, 2010, to review and endorse the preliminary design of a reduced
density alternative of 182 units; and
WHEREAS, the City Council approved a settlement agreement with Mr.
Collins on October 5, 2010, which identified the reduced density alternative as a
preferred plan for the site; and
WHEREAS, the Planning Board held a public hearing and unanimously
recommended approval of this Tentative Map and Density Bonus application on July
11, 2011; and
WHEREAS, the City Council held a public hearing and has examined
pertinent maps, drawings, and documents on July 19, 2011; and
WHEREAS, the City Council made the following findings:
1. The proposal qualifies for a density bonus pursuant to Section 30 -17. The
applicant is proposing to provide 9% of the units to very low- income
households, which qualifies the project for a 30% density bonus for a total
project size of 182 units.
2. The proposal qualifies for a certain waivers from City of Alameda
Development Standards pursuant to Section 30 -17. The applicant has
requested certain waivers from certain development standards included in
AMC Section 30 -52 (to allow multifamily housing), AMC Section 30 -4.2 (to
allow parcels less than 2,000 square foot in size), and 30 -7 (to allow some
homes to have a one car garage) that physically preclude the construction of
the development at the densities permitted.
3. The requested development standard waivers would not have a specific,
adverse impact, as defined in paragraph (2) of subdivision (d) of section
65589.5, upon health, safety, or physical environment, and for which there is
no feasible method to satisfactorily mitigate or avoid the specific adverse
impact.
4. The requested development standard waivers would not be contrary to state
or federal law.
5. The proposed subdivision is in substantial conformance with the General Plan
and Zoning for this site. The development is consistent with the R -2 /PD and
Open Space General Plan and Zoning designations for the property.
6. The site is physically suitable for the proposed residential development and
waterfront public open space because: a) the property is within a one block
walk of Park Street retail and transit services, b) the two acre waterfront park
will improve public access to and along the waterfront in this area of the City,
and c) at 19 units per acre, the project is less than the maximum 21 units
permitted by the General Plan and City of Alameda Density Bonus Ordinance.
7. The proposed development will result in health and safety improvements to a
property that is currently severely blighted and a detriment to the surrounding
community.
8. The proposed design of the subdivision and improvements, as conditioned,
will not cause environmental damage or substantially and avoidably injure fish
or wildlife or their habitat. The design of the subdivision and its improvements
will create public easements and rights of way required by the public at large
for access through, around, and adjacent to the property. The project will
include public right -of -way that will enhance public access through the
property to and along the waterfront. Easements for public open space,
parking, traffic circulation, surface drainage runoff, and utilities are required as
conditions of the Final Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda hereby finds, based on substantial evidence, that no further environmental
review is required for the proposed project as provided by Section 15162 of the
California Environmental Quality Act Guidelines because neither the project, nor the
circumstances surrounding the project, would result in any new or more severe
significant impacts to the environment, there is no new information of substantial
importance, and there are no substantial changes to the project.
BE IT FURTHER RESOLVED that the City Council hereby approves Tentative
Map 8060 dated July 5, 2011 and Density Bonus Application PLN10 -0262, subject to
the following conditions:
Community Development Conditions of Approval.
1) All maps filed pursuant to this approval shall be in substantial compliance with the
map titled, "Tentative Map Tract 8060" prepared by Kister, Savio & Rei, Inc.
dated July 5, 2011, consisting of 8 pages, marked Exhibit A, and on file in the
office of the Alameda City Planning and Building Department.
2) The Final Map shall be in substantial compliance with the Tentative Map and
shall incorporate Alameda Datum.
3) Prior to the approval of the Final Map, all applicable conditions of approval of the
approved Tentative Map, as revised or amended, shall be satisfied.
4) The applicant shall defend (with counsel reasonably acceptable to the City),
indemnify, and hold harmless the City of Alameda, the Community Improvement
Commission (CIC), the Alameda City Planning Board and their respective agents,
officers, and employees from any claim, action, or proceeding (including legal
costs and attorney's fees) against the City of Alameda, the CIC, Alameda City
Planning Board and their respective agents, officers or employees to attack, set
aside, void or annul, an approval by the City of Alameda, the Community
Development Department, the Alameda City Planning Board, the CIC, or City
Council relating to this project. The City shall promptly notify the applicant of any
claim, action or proceeding and the City shall cooperate in such defense. The
City may elect, in its sole discretion, to participate in the defense of said claim,
action, or proceeding.
Prior to First Final Map, Improvement Plan or Grading Permit:
5) Hazardous Materials. Prior to approval of the first final subdivision map for the
property or improvement plans or grading permits for any portion of the property
covered by the first Final Map, whichever comes first, the applicant /developer
shall obtain written confirmation from the California Department of Toxic
Substances Control (DTSC) and from any other non City environmental
regulatory agency (such as the Regional Water Quality Control Board and
ACDEH) with jurisdiction over hazardous materials on the property that
remediation of the property or applicable portion thereof has been completed and
that the property or portion thereof is protective of human health and safety and
the environment for the residential and open space uses as indicated on the site
plan. If the first map is only for a portion of the property, then the same
requirements as set forth in the preceding sentences shall apply for any
subsequent initial final map for any improvement plan or grading permit for the
remaining portions of the property, whichever comes first.
6) Hazardous Materials. The project applicant /developer shall prepare a health and
safety plan, based on the site conditions and past contaminant release history
and remediation, by a licensed industrial hygienist consistent with Mitigation
Monitoring Report Measure MM 1 -2a.
7) Hazardous Materials The project applicant /developer shall prepare a soil
management plan in accordance with DTSC regulations to reduce environmental
risks associated with encountering contaminated soil discovered during grading
and construction.
8) Public Open Space Design: Prior to approval of the first final subdivision map or
improvement plan for the property the applicant shall prepare design plans for the
public open space consistent with the requirement of all City and outside
permitting agencies with jurisdiction over the proposed open space, including but
not limited to:
a) Securing Design Review approval from the City of Alameda Planning Board
for the two -acre park shown on the Tentative Map and on lands owned by the
Army Corps of Engineers.
b) Securing all necessary permits and approvals from the Army Corps of
Engineers for construction of the open space that will include improved public
open space on lands, landings, and or reconstructed public wharfs located on
dry and submerged lands currently owned by the Army Corps of Engineers to
the north of the site
c) Securing all necessary permits and approvals from the Bay Conservation and
Development Commission for construction of the open space and any new fill
proposed by the applicant to complete a two -acre park.
9) Public Open Space Maintenance: Prior to the approval of the first Final Map the
applicant /developer shall establish a Maintenance Finance Mechanism and
record CC &Rs to ensure maintenance of the Open space in perpetuity by the
property owners at no expense to the City per the terms of the 2010 Settlement
Agreement section 2.2.2.c.
10) Affordable Housing: Prior to the approval of the first Final Map the
applicant /developer shall complete an executed Affordable Housing Agreement in
substantially the same form as the agreement attached to the Settlement
Agreement and an owner participation agreement for the project consistent with
the Settlement Agreement and the Alameda Municipal Code 30 -17.
11) Lot Numbering: The lot numbers on the Final Map shall be consecutive. The
Applicant shall submit a table or equivalent that compares the lot numbering on
the approved Tentative Map with the Final Map.
12) Prior to the City Council approval of the Final Map, the Applicant shall submit a
Mylar copy and a CAD file of the improvement plans recorded Final Map.
Design Review Approvals Required:
13) Prior to issuance of any building permit, the applicant must apply for and receive
design review approval for all vertical improvements including architectural,
landscape, and park design. The Design Review Plans shall specify:
a) Building Heights: That building heights should vary between two and four
stories. The multifamily housing should not exceed four stories or 50' in height
and should include a minimum of at least one parking space per unit. Single
family and town home buildings should be a maximum of three stories or 38'
feet in height.
b) Buyers with Disabilities: That the project shall have optional floor plans
available for buyers with disabilities, such as a floor plan with an elevator or a
floor plan with the Master Bedroom on a lower floor with the kitchen and living
area, which may require a one car garage.
c) Blanding Drive Home Design: That the homes that are oriented with their
sides facing Blanding should be designed with a front door and attractive front
elevation facing Blanding.
d) Lighting: Project lighting designed to minimize the amount and visual impact
of perimeter lighting, through measures such as downward - pointing lights,
side shields, visors, and motion - sensor lighting. Utilize minimum wattage
fixtures to achieve required lighting levels.
e) Screening: That on the west side (Mini- Storage side property line), the right of
way should provide a curb, and a planting strip for landscape screen along the
entire length of the western property line to screen the metal buildings of the
Mini Storage. On the east side, the design review plan should include a
landscape screen and potentially some form of attractive fence along the
property line between the project and the adjacent Park Street Landing
commercial center to screen the adjacent commercial uses and discourage
residents or visitors from parking in the commercial center.
f) Air Quality: That no wood burning fireplaces or stoves shall be installed as
part of the proposed project.
g) Bicycle Parking: Bicycle parking facility locations and type for each unit and
one bicycle parking space per ten guest or visitor vehicle spaces provided on
site.
h) Oak and Clement Home Design: All homes on lots fronting on Oak and
Clement shall face Oak and Clement with the front door facing Oak and
Clement and rear alley access to the garages.
i) Alley Design. The Design review plans shall consider opportunities to provide
landscaping on rear of the homes facing the alleys.
j) Sustainable Design. The Design Review plans shall describe the design
strategies that will be used to reduce green house gas emissions and
minimize global warming impacts in building and landscape design.
Prior to Demolition Permits:
14) Hazardous Materials. Each structure proposed for demolition shall be assessed
by qualified licensed contractors for the potential presence of lead -based paint or
coatings, asbestos containing materials, and PCB - containing equipment prior to
issuance of a demolition permit pursuant to MMRP Mitigation Measure 41 -1 a.
15) Historic Resources: Prior to issuance of a Demolition Permit to remove the
structures, the project applicants shall document the circa 1910 Steel Fabrication
Shop /Warehouse and Compressor Room /Storage Building in accordance MMRP
Measure E -1.
16) Biological Resource Protections /Bats: Prior to issuance of demolition permits and
two weeks in advance of demolition of buildings onsite, a qualified bat biologist
(e.g., a biologist holding a CDFG collection permit and a Memorandum of
Understanding with CDFG allowing the biologist to handle and collect bats) shall
conduct pre- construction surveys for bat roosts in compliance with MMRP
Measure F -3a.
17) Biological Resource Protections: Special status bird habitat Prior to issuance of
demolition permits and no more than two weeks in advance of any tree, shrub or
building removal that would commence during the breeding season (February 1
through August 31), a qualified wildlife biologist shall conduct pre- construction
surveys of all potential special- status bird nesting habitat in the vicinity of the
planned activity in accordance with MMRP Measure F -1. Pre - construction
surveys are not required for construction activities scheduled to occur during the
non - breeding season (August 31 through January 31). Construction activities
commencing during the non - breeding season and continuing into the breeding
season do not require surveys (as it is assumed that any breeding birds taking up
nests would be acclimated to project- related activities already under way).
18) Biological Resource Protections: In -Water Construction If dredging or pile driving
occurs as part of the construction of the open space plan, the improvement plans
for the waterfront park shall implement Best Management Practices (BMPs) for
protection of salmonids and Pacific herring, that are identified in the Long -Term
Management Strategy for the Placement of Dredged Material in the San
Francisco Bay Region (LTMS) (Corps, 2001). BMPs listed in the LTMS include
the following: installation of silt curtains and gunderbooms for filtering sediment;
mechanical dredge operations controls, including increased cycle time,
elimination of multiple bucket bites, and elimination of bottom stockpiling;
hydraulic dredge operations controls, including reduction of cutterhead rotation
speed, reduction of swing speed, and elimination of bank undercutting; hopper
dredges and barges operational controls, including reduction of hopper overflow,
lower hopper fill levels, and use of a water recirculation system; and use of
specialty equipment, including pneuma pumps, closed or environmental buckets,
large- capacity dredges, and specialized tools for precision dredging. In addition,
dredging or pile- driving in the Oakland Estuary shall minimize impacts on special -
status fish through one or more of the following methods: (1) dredging or pile -
driving shall only be conducted within work windows designated to cause the
least impact on Pacific herring and salmonids (i.e., June through November); (2)
dredging or pile- driving shall only produce noise levels below 150 decibels at 30
feet; and /or (3) dredging or pile- driving shall only be conducted in accordance
with NMFS directives and Corps permits to reduce potential impacts on fish
species.
19) Biological Resources: Wetlands The project applicant shall provide compensatory
mitigation (i.e., no net loss ") for any temporary and permanent impacts to
wetlands as defined by Section 404 of the Clean Water Act, as required by
regulatory permits issued by the Corps, RWQCB, and BCDC pursuant to MMRP
Measure F -5b.
Prior to Issuance of the First Building Permit:
20) Development Fees. Prior to issuance of the first Building Permit and each
subsequent building permit, the applicant shall pay all development impact fees
required by ordinance, unless specifically exempted by the 2010 Settlement
Agreement between the City of Alameda and Mr. Francis Collins.
21) Phasing Plan. Prior to the first building permit, the applicant /developer shall
provide a phasing plan for the construction of the entire project that is in
conformance with the conditions of approval for this Tentative Map and the
Settlement Agreement.
22) Affordable Housing: Prior to issuance of the first market rate unit Building Permit,
the applicant /developer shall provide a marketing plan that describes how the
Applicant will inform the public, and those within the appropriate income groups,
of the availability of Affordable Housing Units. The marketing plan shall be subject
to the review and approval of the Housing Director or his designee pursuant to
AMC 30- 17.16.
23) Interior Noise: The plans submitted for building permits shall specify noise
reduction in the form of sound -rated assemblies (i.e., windows, exterior doors,
and walls) based upon recommendations of a qualified acoustical engineer.
24) Archeological Resources: The Job Site Construction Plan shall include the
following notice: "If cultural resources are encountered, the contractor shall notify
the City Planning and Building Department and all activity in the vicinity of the find
shall cease until it can be evaluated by a qualified archaeologist and a Native
American representative. Prehistoric archaeological materials might include
obsidian and chert flaked- stone tools (e.g., projectile points, knives, scrapers) or
toolmaking debris; culturally darkened soil ( "midden') containing heat - affected
rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars,
pestles, handstones, or milling slabs); and battered stone tools, such as
hammerstones and pitted stones. Historic -era materials might include stone,
concrete, or adobe footings and walls; filled wells or privies; and deposits of metal,
glass, and /or ceramic refuse. If the archaeologist and Native American
representative determine that the resources may be significant, they will notify the
project applicant or contractor(s) and the City of Alameda and will develop an
appropriate treatment plan for the resources. The archaeologist shall consult with
Native American monitors or other appropriate Native American representatives in
determining appropriate treatment for unearthed cultural resources if the
resources are prehistoric or Native American in nature. If paleontological
resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or
impressions are discovered during ground- disturbing construction activities, all
such activities within 100 feet of the find shall be halted until a qualified
paleontologist can assess the significance of the find and, if necessary, develop
appropriate salvage measures in consultation with the City of Alameda and in
conformance with Society of Vertebrate Paleontology Guidelines. If human
skeletal remains are uncovered during project construction, the contractor shall
immediately halt work, contact the Alameda County coroner to evaluate the
remains, and follow the procedures and protocols set forth in Section 15064.5
(e)(1) of the CEQA Guidelines. If the County coroner determines that the remains
are Native American, the project proponent will contact the Native American
Heritage Commission, in accordance with Health and Safety Code Section
7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by
AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that
the immediate vicinity, according to generally accepted cultural or archaeological
standards or practices, where the Native American human remains are located, is
not damaged or disturbed by further development activity until the landowner has
discussed and conferred, as prescribed in this section (PRC 5097.98), with the
most likely descendents regarding their recommendations, if applicable, taking
into account the possibility of multiple human remains."
Prior to First Certificate of Occupancy or First Final Inspection:
25) Seismic Hazards: Prior to issuance of the final inspection or occupancy permit for
the first (1st) residential unit, the project applicant shall prepare an earthquake
hazards information document in accordance with MMRP Measure G -1 b. This
document shall be made available to any potential occupant prior to purchase or
rental of the housing units. The document shall describe the potential for strong
ground- shaking at the site, potential effects of ground shaking, and earthquake
preparedness procedures.
Prior to Issuance of 101st Building Permit:
26) Affordable Housing: Prior to issuance of the building permit for the one hundred
and first (101st) market -rate unit, the applicant shall construct and secure final
inspection for all affordable housing units. A) The affordable housing units shall
be constructed pursuant to and subject to the terms of, the CIC's Inclusionary
Housing Requirements. B) The Affordable Housing Units, which may be rental or
for sale, may be located in one or more multi - family buildings or in attached town
homes or single family homes. Affordability requirements applicable to rental
Affordable Housing units shall be set forth in the Affordable Rental Housing
Agreement substantially in the form attached to the Settlement Agreement as
Exhibit 5. Affordability requirements for for -sale Affordable Housing units shall be
set forth in the Affordable For Sale Housing Agreement substantially in the form
attached to the Settlement Agreement as Exhibit 6.
27) Public Open Space: Prior to issuance of the building permit for the 101St market
rate unit or within forty (40) months of the issuance of the final inspection for the
first Housing Unit, which ever comes first, the applicant at his sole expense shall:
a) Complete construction and development of all public open space approved
pursuant to Condition #8; and
b) Provide the City with and dedicate to the City a permanent public access
easement all open space. This public access easement shall allow unlimited
public access between the hours of dawn to dusk subject to the rules of the
Alameda Recreational and Park Department Park Rules) ad as those Park
rules may be amended in the future provided that in any such amendments
are generally applicable to the other similar open spaces in the City and the
easement shall substantially conform to the form of public access easement
attached to the settlement agreement as Exhibit 3. The applicant shall have
no obligation to provide security personnel or otherwise police the Park.
Prior to 101st Certificate of Occupancy or Final Inspection:
28) Historic Resources: Prior to issuance of a Certificate of Occupancy or final
inspection for the 101st housing unit, the applicant shall complete according to the
Historic American Building Survey (HABS) Level 11 documentation standards, the
following:
a) Written history. Prepare a written history of the project area and buildings
using the HABS standard outline format.
b) Archiving. The completed HABS documentation package (photos, report, and
drawings) shall be archived at the City of Alameda, the City of Alameda Public
Library, the Alameda Museum, and the Northwest Information Center of
Sonoma State University.
c) Public Art Exhibit. The applicant shall also provide an interpretive history
exhibit in the form of a plaque or panel to describe the historical importance of
the former Dow Company buildings to the general public. Information
generated from the documentation effort, such as photographs and historical
text, described above, can be utilized for this effort as well. The interpretative
exhibit can either be placed along the proposed waterfront trail /open space, or
at the corner of Clement Avenue and Oak Street. A professional architectural
historian meeting the qualifications of the Secretary of the Interior's Standards
should design the interpretive exhibit. The proposed interpretive history
exhibit shall be brought to the HAB for review and approval prior to
installation.
Public Works Department Conditions of Approval:
General Information
29) Prior to approval of the final map, the applicant /developer shall pay all Public
Works staff charges for time and materials spent on the Tentative Map
application and work completed to verify compliance with conditions of approval
for the Final Map.
Engineering
30) The applicant /developer shall submit construction improvement plans for all on-
and off -site improvements, including detailed designs for all wet and dry utilities,
landscaping and irrigation, water, grading, drainage, erosion control, paving, and
solid waste storage and recycling areas. The plans shall be prepared, signed,
and stamped as approved by a registered civil engineer licensed in the State of
California, unless the Public Works Director or his designee authorizes them to
be prepared by some other qualified professional, and be in accordance with the
Alameda Municipal Code (AMC), the City of Alameda Standard Plans and
Specifications, Standard Subdivision Specifications and Design Criteria, and the
Master Street Tree Plan. The plans shall be reviewed and approved by the Public
Works Director or his designee prior to approval of the improvement plans or final
map, whichever comes first. The engineer shall also assume responsibility for
inspection of the on -site construction work, including but not limited to parking
lots, pathways, storm facilities, sewer facilities, etc., and shall certify to the City,
prior to acceptance of the work or issuance of any occupancy permit, including a
temporary occupancy permit, whichever comes first, that the installation of the on-
site work (excluding the building and foundation) was constructed in accordance
with the approved plans.
31) Improvement and grading plans shall meet Federal Emergency Management
Agency (FEMA) and City standards for flood protection and floodplain
management in effect at the time of subdivision(s) map approval. Improvements
are to be consistent with the most current BCDC requirements. The
applicant /developer shall include the recommended improvements into the
project's improvement plans prior to approval of the improvement plan and final
map.
32) The Final Map shall show all existing and proposed easement locations, uses and
recording information. The Owner's Statement shall list all easements to be
dedicated and the Certificate of City Clerk shall list all public easements to be
abandoned with recording information as part of the Final Map All grants of
easement and declarations of shared access maintenance shall be in place prior
to approval of Final Map. No building or structure shall be allowed over an
existing or proposed easement. In addition, all requirements of the AMC for Final
Map approval shall apply.
33) The landscape and irrigation plans for improvements in the public right -of -way
shall be prepared, signed, and stamped as approved by a licensed landscape
architect and shall be in accordance with the City's Bay Friendly Landscaping
requirements, the Master Street Tree Plan, the AMC, conditions of approval by
the Planning Board, and other regional jurisdictions requirements, as applicable.
Final landscape plans should ensure that all landscaping and bioswales are
compatible with the storm water treatment measures, designed to minimize
irrigation and runoff, promote surface infiltration where appropriate, and minimize
the use of fertilizers and pesticides that can contribute to storm water pollution.
As appropriate, integrated pest management (IPM) principles and techniques
shall be incorporated into the landscaping design and specifications. Where
feasible, landscaping shall be designed and operated to treat storm water runoff
by incorporating elements that collect, detain, and infiltrate runoff. Plant
placement within the site landscape design shall not interfere with the design
function of any of the storm water treatment measures. For example, trees
planted in or near a biotreatment swale shall not adversely interfere with the
design flow of the swale. The plans shall be reviewed and approved by the
Public Works Director or his designee prior to approval of the improvements
plans or final map, whichever comes first. The landscape architect shall also
assume responsibility for inspection of the work and shall certify to the City, prior
to acceptance of the work, that the installation of landscaping and irrigation in the
public right -of -way was constructed in accordance with the approved plans.
34) The landscape and irrigation plans for on -site improvements shall be prepared,
signed, and stamped as approved by a licensed landscape architect and shall be
in accordance with the City's Bay Friendly Landscaping requirements, the AMC,
conditions of approval by the Planning Board, and other regional jurisdictions
requirements, as applicable. Final landscape plans should ensure that all
landscaping and bioswales are compatible with the storm water treatment
measures, designed to minimize irrigation and runoff, promote surface infiltration
where appropriate, and minimize the use of fertilizers and pesticides that can
contribute to storm water pollution. As appropriate, IPM principles and
techniques shall be incorporated into the landscaping design and specifications.
Where feasible, landscaping shall be designed and operated to treat storm water
runoff by incorporating elements that collect, detain, and infiltrate runoff. Plant
placement within the site landscape design shall not interfere with the design
function of any of the storm water treatment measures. For example, trees
planted in or near a bio- treatment swale shall not adversely interfere with the
design flow of the swale. The plans shall be reviewed and approved by the
Community Development Department prior to approval of the improvements plans
or final map, whichever comes first. The landscaped architect shall also assume
responsibility for inspection of the work and shall certify to the City, prior to
acceptance of the work, that the installation of the on -site landscaping and
irrigation was constructed in accordance with the approved plans.
35) To guarantee completion of the required on -site and off -site improvements, the
applicant /developer shall enter into a subdivision improvement agreement with
the City and provide a security in a form and amount acceptable to the City and
the applicant prior to approval of the improvements plans and final map.
36) A sanitary sewage flow analysis, acceptable to the Public Works Director or his
designee, identifying the total peak sanitary sewage flow quantities to be
generated by the proposed development shall be prepared by a registered civil
engineer licensed in the State of California and submitted as part of the
construction improvement plans. The engineer shall sign and stamp the analysis
as approved. The City will provide this data to an independent consultant who
will assess the impact of the proposed development on the City's sanitary sewer
system using a hydraulic model and determine the required improvements, if any,
to ensure sufficient sewage capacity for this project and anticipated cumulative
growth in the associated sewer sub -area. All permits, easements and /or
approvals for modifications to the sewer system required by EBMUD are to be
obtained by applicant /developer prior to approval of the improvement plans or
final map, whichever comes first. The applicant /developer will pay for the cost of
the modeling study. The applicant /developer will include the recommended
improvements from the sewer study and from EBMUD into the project's
improvement plans prior to approval of the improvement plan or final map,
whichever comes first. If the sewer connection is made to the city's system on
Oak Street, a modification to the EBMUD pump station may be required.
37) A sanitary sewage treatment capacity analysis for wet weather flows, acceptable
to the Public Works Director or his designee, shall be prepared by a registered
civil engineer licensed in the State of California and submitted as part of the
construction improvement plans. The engineer shall sign and stamp the analysis
as approved. The plan shall identify and mitigate any increase in wet weather
flow treatment capacities associated with the development when compared to
existing conditions. All permits and /or approvals for modifications to the sewer
system required by EBMUD are to be obtained by the applicant/developer prior to
approval of the improvement plans or final map, whichever comes first. The
applicant /developer will include the recommended improvements from the sewer
study and from EBMUD into the project's improvements plans prior to approval of
the improvement plan or final map, whichever comes first.
38) In accordance with the project's storm drainage hydrology analysis, the
applicant /developer is required to increase the off -site storm drainpipe to 33
inches and improve the outfall to accommodate the project's increase in storm
drainage runoff. Any proposed deviation from these recommended improvements
requires approval by the Public Works Director or his designee. All required off -
site easements must be in place and the recommended improvements included
into the project's improvements plans prior to approval of the improvement plans
or final map, whichever comes first. Approved permits from BCDC, the Corps of
Engineers and all other applicable regulatory agencies must be obtained prior to
approval of the improvement plans or final map, whichever comes first.
39) The applicant /developer shall submit a soils investigation and geotechnical
report, acceptable to the Public Works Director or his designee, in accordance
with the AMC and prepared by a registered geotechnical engineer licensed in the
State of California, with recommendations based on the findings. The report shall
address the structural and environmental analysis of existing soils and
groundwater. The improvement plans shall incorporate all design and
construction criteria specified in the report. The geotechnical engineer shall sign
and stamp the improvement plans as approved and as conforming to their
recommendations prior to approval of the improvement plans or final map,
whichever comes first. The geotechnical engineer shall also assume
responsibility for inspection of the work and shall certify to the City, prior to
acceptance of the work, that the work performed is adequate and complies with
their engineer's recommendations. Additional soils information may be required
during the plan check of individual house plans. The applicant /developer will
include the engineer's recommended improvements into the projects improvement
plans prior to approval of the improvement plan or final map, whichever comes
first.
40) The required public frontage and street improvements for Clement Avenue, Oak
Street, Elm Street (Drive), and Blanding Avenue (Drive) shall dedicated to the
City and designed and built in accordance with the "notebook" dated March 29,
2011 and as modified below. Unless waived or modified by the Public Works
Director or his designee, street improvements shall include curbs, gutters,
sidewalks, street trees, landscaping and irrigation, streetlights, etc. per the
Tentative Map and as modified below:
a) The sidewalk and curb ramps at the intersection of Elm Street and Clement
Avenue shall have ADA accessible ramps in conformance with the Public
Works Design Standards. This may affect the building locations and /or
footprints.
b) The sidewalk and curb ramps at the intersection of Blanding Avenue /Blanding
Drive and Oak Street shall have ADA accessible ramps in conformance with
the Public Works Standards. This may affect the building footprints.
c) In accordance with the "Notebook" submitted by the developer dated March
29, 2011, Tab #19, the sidewalk along Oak Street shall be five (5) feet wide
and the required street trees shall be planted behind the sidewalk in an
easement. The tree species shall be consistent with the Street Tree Master
Plan. CC &R's shall be recorded that include a statement that these trees are
considered street trees and may not be removed by the property owner
without a permit approved by the Public Works Director or his designee.
d) In accordance with the "Notebook" submitted by the developer dated March
29, 2011, Tab #19, the sidewalk along Clement Avenue shall be six (6) feet
wide and the required street trees shall be planted behind the sidewalk in an
easement or tree well provided that ADA clearance requirements are met. The
tree species shall be consistent with the Street Tree Master Plan. CC &R's
shall be recorded that include a statement that these trees are considered
street trees and may not be removed by the property owner without a permit
approved by the Public Works Director or his designee.
e) The required curb -to -curb width for Oak Street shall be 34 feet; however, if
during the review of Improvement Plans it becomes necessary to keep the
existing retaining wall for engineering reasons, the Public Works Director or
his designee, at his sole discretion, may determine that a 32 feet curb -to -curb
width is acceptable.
f) Adequate turning radii shall be provided at the public street intersections at
Oak/Blanding, Oak/Clement, Clement /Elm, and Elm /Blanding to ensure that
delivery trucks solid waste /recycling collection vehicles and single unit trucks
will not encroach onto opposing lanes when making turns.
g) Dedicate right of way and construct improvements at the northwest corner of
Oak Street and Clement Avenue to accommodate ADA compliant sidewalk
and curb returns per the Public Works Design Standards, a six (6) inch wide
curb, sufficient area as determined by the Public Works Director or his
designee for future signal equipment, and turning radius sufficient to
accommodate delivery trucks and small trucks (WB 40). This may require the
relocation of existing power pole(s).
h) Blanding Avenue (Drive) within the project boundaries shall be built to the
Public Works Design Standards unless specifically prohibited by the 2010
Settlement Agreement. This includes adequate sidewalk with planting strip
that could accommodate ADA compliant sidewalk and tree species consistent
with the Street Tree Master Plan.
i) Elm Street (Drive) within the project boundaries shall be built to the Public
Works Design Standards unless specifically prohibited by the 2010 Settlement
Agreement. This includes adequate sidewalk with planting strip that could
accommodate ADA compliant access and tree species consistent with the
Street Tree Master Plan. The design of Elm Street shall ensure that the
general public perceives the street as a public street and does not perceive
the street to be a private drive. The final design of the street shall be subject
to the review and approval of the Public Works Director or his designee.
j) On street parking shall be clearly identified as public parking to the
satisfaction of the Public Works Director or his designee.
41) All new utilities shall be placed underground prior to issuance of any occupancy
permit, including a temporary occupancy permit. In addition, all existing utilities
within the project site area (APN 071 - 0289 -005 and APN 071 - 0290 -001) shall be
placed underground in accordance with the AMC, prior to acceptance of the
project.
42) Applicant /developer shall resurface the existing street pavement whenever a
street is cut, either by a longitudinal or transverse cut, for utility or other
improvement installations so the street is restored to pre - project conditions. The
resurfacing shall extend a sufficient distance beyond any cut to ensure a smooth
transition and shall consist of either a one and a half (11/2) inch asphalt concrete
overlay, or petromat with a minimum one inch asphalt concrete overlay,
depending upon the extent of the proposed pavement cuts and the condition of
the existing pavement section, as determined by the Public Works Director or his
designee. Applicant /developer shall also provide digouts and reconstruction of
any potholed and /or alligatored areas adjacent to the project.
43) Any retaining walls, which are adjacent to a property line, shall be masonry,
metal, or concrete. Wood retaining walls shall not be installed adjacent to
property lines.
44) Existing retaining walls are to be evaluated by a geotechnical /structural engineer
for integrity. The engineer is to provide design criteria and recommendations for
all retaining structures. The applicant /developer will include the engineer's
recommended improvements into the projects improvement plans prior to prior to
approval of the improvement plan or final map, whichever comes first.
45) Installation of street paving shall include reconstruction of the existing pavement
section to provide adequate conforms. The limits of the reconstruction shall be
established by the Public Works Director or his designee or his designee prior to
approval of the improvement plans or final map, whichever comes first unless
specifically prohibited by the Settlement Agreement.
46) Unless an alternative deadline is mutually agreed to by the Public Works Director
or his designee and the applicant /developer, the applicant /developer shall
resurface half the width (i.e. from the centerline to the edge of the curb) of Oak
Street prior to final inspection of the final housing unit facing Oak Street.
47) Prior to final inspection of the final housing unit facing Clement Street the
applicant shall resurface Clement Street from the edge of curb to the edge of the
closest rail in the existing rail lines in the center of the street.
48) Exposed soil surfaces shall be periodically sprinkled to retard dust. During
construction, the applicant /developer shall ensure that construction crews
undertake a program of dust control including, but not limited to, watering soil
surfaces as needed to prevent dust blowing, covering trucks carrying materials to
and from the site, and frequent clean -up of soil carried by construction vehicle
tires from the site onto streets. No City water shall be used for this purpose.
49) All project related grading, trenching, backfilling, and compaction shall be
conducted in accordance with City of Alameda Standards and Specifications.
50) Hydroseeding of all disturbed areas shall be completed by October.
Applicant /developer shall provide sufficient maintenance and irrigation to ensure
growth is established by November.
51) Construction activities are restricted to the hours of 7:00 a.m. to 7:00 p.m.,
Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday, unless a permit is
first secured from the City Manager or designee in accordance with AMC
requirements.
52) Construction equipment must have state of the art muffler systems as required by
current law. Muffler systems shall be properly maintained.
53) Noisy stationary construction equipment, such as compressors, shall be placed
away from developed areas off -site and /or provided with acoustical shielding.
54) Grading and construction equipment shall be shut down when not in use.
55) During non - working hours, open trenches shall be provided with appropriate
signage, flashers, and barricades approved by the Public Works Director or his
designee to warn oncoming motorists, bicyclists, and pedestrians of potential
safety concerns.
56) Prior to trenching within existing street areas, the applicant's engineer shall
ascertain the location of all underground utility systems and shall design any
proposed subsurface utility extensions to avoid disrupting the services of such
system.
57) New street trees shall maintain clearances from utilities as follow: a) Fire hydrant
— six feet; b) top of driveway wing — five feet; c) stop signs — 15'; d) street/pathway
lights and utility poles — 25'; e) storm drain, sanitary mains, gas, water, telephone,
electrical lines — five feet; f) front of electrical pad- mounted equipment — ten feet.
Verify minimum clearance distances of street trees /shrubs from electrical
transformers with Alameda Municipal Power (AMP).
58) Approved backflow prevention devices shall be installed on all new and existing
domestic, commercial, irrigation, and fire water services and as required by the
East Bay Municipal Utility District (EBMUD). These devices must be tested by an
AWWA certified tester from a list of testers provided by EBMUD.
59) Costs for inspection by the Public Works construction inspectors during non-
working hours shall be at time and one half. Work on Saturday's requiring
inspection shall not be done unless approved in advance by the Public Works
Director or his designee. No work allowed on Sundays. Any work done without
inspection may be rejected at the contractor's expense.
60) Prior to issuance of Final Map, the applicant /developer shall establish a funding
mechanism acceptable to the Public Works Director or his designee or his
designee, such as an assessment district, a landscape and lighting district, or
Homeowners Association to provide funding for the maintenance of the following
improvements:
a) The public streets including infrastructure elements within the public streets.
b) The private streets including infrastructure elements within the private streets.
The funding mechanism shall not require public maintenance of these
private facilities.
c) All landscaping and irrigation improvements within private and public streets
including curbside landscape strips and street trees.
d) All lighting and associated infrastructure on public and private streets.
e) All open space or shoreline parks, including any shoreline parking.
Storm water, Wastewater and Water
61) Prior to issuance of building permits, the applicant /developer shall secure all
necessary permit approvals from EBMUD regarding the installation of all water or
sewer service connections for the project. Accumulated wastewater must be
drained to the sanitary sewer prior to discharge to storm drain systems.
Demolition and grading permits may be issued prior to EBMUD permit approvals
for the water and sewer connections.
62) The construction improvement plans shall incorporate permanent storm water
treatment controls and /or design techniques to manage the quantity and quality of
storm water runoff from a planned development to prevent and minimize impacts
to water quality. Efforts shall be taken to minimize impervious surface areas,
especially directly connected impervious surface areas. Roof drains shall
discharge and drain to an unpaved area wherever practicable. Design
techniques may include vegetated swales, vegetated buffer zones, bioretention
units, retention /detention basins and ponds, tree well systems, and the
incorporation of pervious surface areas and Low Impact Development (LID)
measures. Storm water treatment measures shall be constructed consistent with
the latest version of the Alameda Countywide Clean water Programs Provision C3
Technical Guidance Manual. Applicants may also refer to the Bay Area Storm
water Management Agencies Association (BASMAA) Start at the Source Manual
for technical guidance.
63) The landscaping plans shall be designed to minimize runoff, promote surface
infiltration where appropriate, and minimize the use of fertilizers and pesticides
that can contribute to storm water pollution. Consideration shall be given to pest -
resistant landscaping and design features and the use of integrated pest
management (IPM) principles and techniques. Where feasible, landscaping shall
be designed and operated to treat storm water runoff.
64) Water Quality Protections: The project applicant shall implement the following
Best Management Practices (BMPs) during construction:
a) Install silt fencing, straw wattles or other appropriate erosion and sediment
control methods or devices to prevent sediment from the upland portion of the
site from entering the Estuary as a result of project activities.
b) Operate equipment (e.g., backhoes and cranes) that is used for removal or
installation of fill and rip -rap along the inner harbor tidal channel shoreline
from dry land, where possible. Construction operations within the Oakland
Estuary can also be barge- mounted or utilize other water -based equipment
such as scows, derrick barges and tugs.
c) Prevent any fueling activity from occurring within 50 feet of the Oakland
Estuary.
d) Where applicable, implement BMPs listed under Mitigation Measure 4.F -4 to
avoid impacts to water quality resulting from dredging or other activities within
open waters, as identified in the Long -term Management Strategy for the
Placement of Dredged Material in the San Francisco Bay Region (LTMS)
(Corps, 2001).
e) Test all materials proposed for excavation and dredging for the possible
presence of contaminants. Construction practices shall be designed in
coordination with the Corps, RWQCB, and other applicable agencies, to
minimize the dispersion of contaminants into the water column and ensure
proper disposal of contaminated materials.
65) The applicant /developer shall submit a plan showing storm water treatment
measure(s) required to be constructed to meet the hydraulic sizing design criteria
indicated in the C.3.d provisions of the City of Alameda's municipal NPDES storm
water permit as part of the improvement plans for the project. As part of the final
improvement plan submittal, the applicant /developer shall submit a stamped,
signed certification from a qualified independent civil engineer with storm water
treatment facility design experience, licensed in the State of California, and
acceptable to the Public Works Director or designee that indicates the treatment
measure design meets the established sizing design criteria for storm water
treatment measures prior to approval of the improvements plans, final map, or
grading permit, whichever comes first.
66) The applicant /developer shall submit a Storm water Treatment Measures
Operations and Maintenance (O &M) Plan as part of the improvement plans for
the project. The O &M plan shall include, but not be limited to: treatment
measure(s) descriptions and summary inventory; a legible, recordable, reduced -
scale (8.5"x11") copy of the Site Plan indicating the treatment measure(s)
location(s) and site drainage patterns; treatment measure(s) maintenance
requirements and maintenance schedule; detailed description of the integrated
pest management principals and techniques and /or Bay Friendly Landscaping
Program techniques to be utilized during landscape maintenance to ensure
pesticide /herbicide use - minimization in landscaped areas; name and contact
information of current maintenance personnel; and, estimates of annual treatment
measure(s) maintenance costs. The O &M Plan shall be reviewed and approved
by the Public Works Director or his designee prior to approval of the
improvements plans, final map, or grading permit, whichever comes first.
67) The applicant /developer shall submit a Storm water Treatment Measures
Maintenance Agreement (Agreement) as part of the improvement plans for the
project. The Agreement shall include, but not be limited to: the approved O &M
plan for all post- construction (permanent) storm water treatment measures;
identification of the party responsible for storm water treatment measures O &M;
an instrument of financial assurance, in an amount and form acceptable to the
City, from the party responsible for storm water treatment measures O &M;
assurances of access to inspect and verify the treatment system O &M for the life
of the project; and assurances of the submittal of the annual O &M report
approved by the City. The Agreement be executed between the project owner and
the City and recorded, prior to approval of the improvements plans, final map, or
grading permit, whichever comes first. The Agreement shall also be recorded at
Project Owner's expense, with the County Recorder's Office of the County of
Alameda as part of recordation of the final map.
68) The applicant /developer shall submit a certification report (Report) prepared by a
registered civil engineer, licensed in the State of California, affirming that all
project site storm water treatment measures have been constructed per the City
approved plans and specifications. As appropriate, the Report shall include, but
not be limited to, assurances that: imported materials used for the treatment
measure(s) are certified by the supplier; installation of these materials is per
approved plans and specifications and meets the intent of the design engineer;
required on -site testing results conform with approved plans and specifications;
treatment measures conform to dimensions, grades and slopes on approved
plans and specifications; all structural features of the treatment measures comply
with plan specifications; the irrigation system is installed and functions as
designed; healthy vegetation /ground cover is installed as shown on plans. The
Report shall be submitted in a form acceptable to the Public Works Director or his
designee, whose acceptance will not be unreasonably withheld, prior to the
issuance of any occupancy permit, including a temporary occupancy permit.
69) The applicant /developer shall submit a completed City of Alameda Impervious
Surface Form to the Public Works Department for review prior to approval of the
improvements plans, final map, or grading permit, whichever comes first. The
form shall include a table showing the amount of pervious and impervious area
(indicated in units of square feet) prior to and after the proposed development.
70) Fire sprinkler system test water discharges shall be directed to onsite vegetated
areas.
71) The applicant /developer shall submit, in digital format, a Notice of Intent (NOI)
form to the California State Water Resources Control Board (SWRCB)'s SMARTS
website, indicating the intent to comply with all requirements of the SWRCB
Construction Activity Storm Water NPDES General Permit (Permit) and provide
documentation to the Public Works Director or his designee prior to approval of a
grading permit.
72) In compliance with the NOI submittal to the SWRCB, the applicant /developer of
any project with a total disturbed area of one acre or greater shall submit a Storm
Water Pollution Prevention Plan (SWPPP) as part of the improvement plan
submittal. The SWPPP shall be reviewed and accepted by the Public Works
Director or designee for conformance with the City's erosion and sediment control
standards. Upon City's acceptance of the plan, applicant /developer shall submit,
in digital format, the SWPPP and other required permit registration documents to
the SWRCB's SMARTS website and provide the Public Works Director or his
designee with documentation of the submittal prior to approval of a grading
permit.
73) In compliance with the SWPPP, the applicant /developer of any project with a total
disturbed area of one acre or greater shall be responsible for ensuring that all
contractors and sub - contractors install and regularly maintain all control measure
elements required in the project SWPPP s during any construction activities.
74) The applicant /developer of any construction project resulting in the potential for
soils, construction materials and fluids, waste, and trash to blow or wash into a
storm drain, gutter or street shall be responsible for ensuring that during any
construction activity all contractors and sub - contractors install and regularly
maintain erosion control measures and perform Best Management Practices
(BMP), as described in the Alameda Countywide Clean Water Program brochures
the San Francisco Bay Regional Water Quality Control Board's Erosion and
Sediment Control Field Manual and the California Storm water Quality
Association's Storm water Best Management Practice, to prevent any pollutants
entering directly or indirectly the storm water system. The applicant /developer
shall pay for any required cleanup, testing, and City administrative costs resulting
from consequence of construction materials entering the storm water system.
75) All new storm drain inlets shall be clearly marked with the words No Dumping!
Drains to Bay," or equivalent, as approved by the Public Works Director or his
designee.
76) Design of all external enclosures for solid waste, recycling and organics shall be
approved by the Public Works Director or his designee prior to approval of the
improvements plans, final map(s), or the building permit, whichever comes first. If
no building permit is required, the plans must be approved by the Public Works
Director or his designee prior to establishment of the use. These facilities are to
be designed to prevent water run -on to the area, runoff from the area, and to
contain litter, trash and other pollutants, so that these materials are not dispersed
by the wind or discharged to the storm drain system.
Traffic and Transportation
77) The applicant /developer shall provide a traffic circulation and access analysis
prepared by a registered traffic engineer to ensure that the planned internal
circulation system adequately provides for automobile queuing, distances
between intersections, commercial vehicle access (utility and garbage truck), and
pedestrian and bicycle visibility and access. The scope of the work for this
analysis shall be approved by the Public Works Director or his designee. Based
upon the findings of the traffic circulation and access analysis, the
applicant /developer shall submit a traffic striping and signage plan for all on- and
off -site improvements, including all crosswalks, bus stops, turn lanes, merge
lanes, acceleration lanes, lane drops, etc, as part of the construction
improvement plan submittal. The plans shall be prepared by a registered civil
engineer or traffic engineer licensed in the State of California. The engineer shall
sign and stamp the plans as approved. The plans shall be reviewed and
approved by the Public Works Director or his designee prior to approval of the
improvements plans or final map, whichever comes first. Plan shall include a
STOP Controls with appropriate striping and signing for the northbound approach
(south leg) and the eastbound approach (west leg) of the Oak Street at Blanding
Avenue /Blanding Drive intersection.
78) For any off - street parking facilities associated with the subdivision, the
applicant /developer shall submit the improvement plans to the Community
Development Department and Pubic Works Department for review and approval.
The plans shall be prepared by a registered civil engineer licensed in the State of
California and shall be signed and stamped as approved. The Community
Development Department shall review and approve the parking lot layout,
including number of spaces, dimensions of spaces, and Americans with
Disabilities Act (ADA) requirements, and the Public Works Director or his
designee shall review and approve the internal and external circulation of the
parking lot, including lane widths and access points, prior to approval of the
improvements plans or final map, whichever comes first.
79) At least three weeks prior to the commencement of work within the public right -of-
way that affects access for pedestrian, bicyclist, and vehicular traffic, the
applicant /developer shall provide a Traffic Control Plan (TCP) to the Public
Works Department for review and approval. The TCP shall be prepared by a
registered civil engineer or traffic engineer licensed in the State of California, and
be in accordance with the California MUTCD standards. The engineer shall sign
and stamp the plans as approved. In general, any vehicular, transit, bicyclist, and
pedestrian access through and /or adjacent to the project site shall remain
unobstructed during project construction or an ADA compliant alternative route
established as approved by the Public Works Director or his designee. At
locations where adequate alternate access cannot be provided, appropriate signs
and barricades shall be installed at locations determined by the Public Works
Director or his designee and Police Chief. Should transit routes be affected,
applicant /developer is required to receive prior approval from AC Transit of any
proposed traffic detours or temporary closure of bus stops. Constructed work
may not commence until the TCP is approved by the Public Works Director or his
designee.
so) The TCP shall also include:
a) A set of comprehensive traffic control measures shall be developed, including
scheduling of major truck trips and deliveries to avoid peak traffic hours,
detour signs if required, lane closure procedures, signs, cones for drivers, and
designated construction access routes.
b) Haul routes for movement of construction vehicles that would minimize
impacts on motor vehicle, bicycle, and pedestrian traffic, circulation, and
safety, and specifically to minimize impacts to the greatest extent possible on
streets in the project area. The haul routes shall be approved by the City.
c) Notification procedures for adjacent property owners and public safety
personnel regarding when major deliveries, detours, and lane closures would
occur.
d) Monitoring surface streets used for haul routes so that any damage and debris
attributable to the haul trucks can be identified and corrected by the project
applicant
81) Pedestrian and vehicular lighting at all intersections and project driveways shall
meet AMP standards for crosswalks, sidewalks, and intersections.
82) Applicant /developer shall replace any damaged curb, gutter, and sidewalk along
street frontages to the satisfaction of the Public Works Director or his designee, in
accordance with the Public Works Department's Standard Plans and
Specifications prior to acceptance of the project.
83) Prior to the final inspection or Certificate of Occupancy for the 101St housing unit,
the project applicant shall restripe the Blanding Avenue approaches (eastbound
and westbound) at Park Street to provide left turn pockets, modify the traffic
signal to be fully actuated, provide protected left -turn phasing, modify the traffic
control at the private driveway of the Waters Edge Nursing Home to stop -sign
control, include audible pedestrian push buttons and pedestrian count down
heads, and optimize the signal timing to improve the flow of traffic without causing
a significant impact to pedestrian or transit level of service. Applicant shall
provide improvement plan for DPW review and approval and complete the
improvement prior to occupancy of the final 100th housing unit.
84) Prior to approval of the first final subdivision map for the property or any portion
of the property covered by Final Map, the applicant shall fund a fair share
contribution to restriping Park Street between Buena Vista and Blanding Avenues
in the amount of $11,300 to accommodate transit queue jump lanes, and modify
the traffic signals and signal timing at the Park Street intersections at Blanding,
Clement, and Buena Vista Avenues.
85) Prior to issuance of the final inspection or certificate of occupancy for the first (1st)
residential unit, the project applicant shall put into place a City- approved
Transportation Demand Management program with the goal of reducing the
number of peak hour trips by 10 percent that shall include:
a) A Home Owners Association (HOA) and CCRs for the project;
b) Assess the HOA an annual fee in an amount necessary to provide the
following strategies:
c) EasyPass program (unlimited transit pass, usable on AC Transit buses), two
passes per unit, additional passes per unit for residents may be purchased at
cost;
d) Bicycle facilities in each unit;
e) One car -share membership per residential unit; and
f) Annual funding for transportation coordination services including, but not
limited to, promotional information packages and planning services regarding
available transportation options, and annual monitoring reports to City
regarding effectiveness of programs and recommended enhancements to
meet 10% reduction goal.
g) The HOA must provide monitoring reports with any recommendations to revise
program to improve trip reductions. HOA will provide annual monitoring
reports to the City.
Environmental
86) If enclosures are proposed, design of all external enclosures for solid waste,
recycling, and organics shall be approved by the Public Works Director or his
designee prior to approval of the improvements plans, final map(s), or the
building permit, whichever comes first. If no building permit is required, the plans
must be approved by the Public Works Director or his designee prior to
establishment of the use. These facilities are to be designed to prevent water
run -on to the area, runoff from the area, and to contain litter, trash, and other
pollutants, so that these materials are not dispersed by the wind or discharged to
the storm drain system. External enclosures are to be roofed and /or enclosed.
Any enclosures containing food waste shall have floor drains connected to the
sanitary sewer system. If the enclosures are attached to buildings they shall have
fire sprinklers. Internal collection and storage area(s) and the individual bins and
containers provided, shall be adequate in capacity, number, and distribution to
serve the anticipated demand for trash, recycling, and organics as determined by
the Public Works Director or his designee.
87) Prior to issuance of a grading, demolition, or building permit, whichever comes
first, developer is required to obtain a construction and demolition permit
approved by the Public Works Director or his designee in accordance with AMC
Section 21 -24. If the site is subject to regulatory mandated remediation, the
developer must submit a stamped, signed certification from a Civil Engineer
registered in the State of California for any hazardous waste treatment prior to
remediation and approval of the treatment plan by the lead regulatory agency that
confirms treatment measures meet the established regulatory criteria. If material
is to be offhauled, prior to offhauling, the developer shall submit a completed
construction hazardous waste management plan and recycling report to Public
Works. The developer will be subject to an impact mitigation fee for offhauling
any material. All offhauled material is subject to compliance with the regulatory
mandates.
88) During the construction /demolition /renovation period of the project, developer
shall use the City's franchised hauler or city approved permittee to remove all
wastes generated during the project development unless otherwise approved. If
the soil is to be surcharged, prior to offhauling the surcharge material, the
developer shall submit a completed construction surcharge management plan
and recycling report to Public Works for approval. The plan should include the
name of the hauler and the final destination of the material. The developer will
be subject to an impact mitigation fee for hauling and offhauling the materials.
89) A 40 -foot turning radius must be provided for any street that would otherwise
require the collection truck to back up a distance greater than 150 feet. Although
not required, construction of a concrete pad just outside each solid waste
enclosure is recommended in order to accommodate the truck weight while
servicing the dumpster.
90) Exterior solid waste and recyclable material storage shall be adjacent or
combined and may only be located on the outside of a structure, in a designated
interior courtyard with appropriate access, or in rear or side yards. External
storage area(s) shall not be located in any required front yard, street side yard,
required parking, landscaped, or open space, or any areas required by the AMC
to be maintained as unencumbered.
91) Driveways or aisles shall provide unobstructed access for collection vehicles and
personnel and provide at least the minimum clearance required by the collection
methods and vehicles used by the City's designated collector or hauler.
92) Individual bins and containers provided shall be adequate in capacity, number
and distribution to serve the anticipated demand as determined by the Public
Works Director or his designee.
93) All solid waste containers, including dumpsters and individual cans or carts, must
have fitted lids which shall remain closed at all times when the container is not
being used or emptied.
OPEN SPACE /PARKS /PUBLIC RECREATION AREA
94) Prior to approval of the Final Map or subdivision improvement plans, whichever
comes first, the developer shall conduct a detailed seismic, geologic, and
structural analysis and prepare a written report of the findings for the existing
shoreline embankments, including walls, slope stabilizations, and all other
associated existing structures. The report shall be acceptable to the Public
Works Director or his designee and shall not be deemed complete by the City
until such time as the Bay Conservation and Development Commission
(BCDC) and Corps of Engineers and any other applicable regional agency with
jurisdiction has approved and permitted the proposed improvements. All
recommendations from the study shall be included in the subdivision
improvements plans submitted to the Public Works Department for approval. In
addition, the recommendations from the study shall be included in
any improvements plans submitted for building or grading permits and subject to
approval by the Public Work Director. The analysis /report shall:
• Be performed and wet stamped by California licensed geotechnical and
structural engineers.
• Identify all necessary repairs, retrofits, improvements, or replacements of the
existing waterside improvements /structures required to ensure that the
improvements /structures can support the proposed public park and park
access improvements along the estuary under a credible seismic event.
• Evaluate all waterside infrastructure improvements required and approved by
the City of Alameda in the tentative map approvals and all improvements
required and approved by BCDC.
• Identify the associated construction costs for any repair, retrofit, improvement,
or replacement of the waterside improvements /structures, as well as the
ongoing maintenance and repairs costs for all waterside
improvements /structures.
Should the analysis conclude that the existing waterside improvements /structures
cannot support the proposed park and park access improvements, due to
technical, regulatory, or financial infeasibility, the study shall provide alternatives
to ensure there are no reductions in the proposed public park and park access
improvements along the Estuary.
ALAMEDA MUNICIPAL POWER (AMP)
95) Concurrent with submittal of Improvement Plans, the Applicant shall coordinate
with the AMP regarding power requirements.
96) The Applicant shall provide all necessary on -site underground substructures,
including conduits, pull boxes, transformer pads, etc. per the AMP specifications.
AMP will require easements for all transformers, primary and secondary boxes,
and conduits. AMP will furnish and install all required transformers, high voltage
distribution cables, and secondary cables. The Applicant shall be reimbursed for
improvements pursuant to the standard AMP agreement.
97) The Applicant shall furnish and install code -sized service cables in code -sized
conduit from each house to the nearest secondary pullbox. AMP will connect the
service to the secondary distribution system.
98) The Final Map shall show all necessary easements and access to all electrical
utility facilities that are in the private properties, at no charge to AMP.
99) Prior to issuance of Certificate of Occupancy, the Applicant shall furnish and
install service equipment for each house. The service equipment shall meet
Electric Utility Service Equipment Requirement Committee standards.
100) Concurrent with acceptance of work by City Council, the applicant /developer
shall dedicate and AMP shall take over ownership and will be responsible for
maintaining all new substructures for under grounding primary and secondary
circuits, and distribution transformers once the improvements have been
inspected and found to have been properly installed. The Applicant or successor
property owners shall be responsible for the service cables and service
equipment.
101) The Applicant /developer shall be responsible for all expenses involved in the
on -site duct /joint trench system including engineering design, plan check, and
electrical construction inspection. The Applicant shall be responsible for the cost
of AMP assigned inspector during construction
102) The Applicant /developer shall submit, with the on -site improvement plans,
detailed drawings showing the required on -site electric utility facilities.
ALAMEDA FIRE DEPARTMENT
103) Prior to approval of the Final Map by City Council, the Applicant shall submit
improvement plans for the project site Fire Water System. The system shall be
designed to the satisfaction of EBMUD. The Applicant shall be responsible for the
placement of on -site hydrants. The location and number of hydrants shall be
established in improvements plans. The fire flow for the development shall be
3000 G.P.M. from any two hydrants with a minimum flow of 1250 G.P.M. from any
one hydrant flowing simultaneously for a duration of 30 minutes. Placement shall
be shown on the improvement plans and shall be to the satisfaction EBMUD, the
City Fire Chief and the City Engineer.
104) The improvement plans and building permit plans shall include fire sprinkler
systems within each residential unit including the garage and attic spaces.
105) Prior to approval of the Final Map, the Applicant shall provide adequate turn
around space and adequate lane width for through access for all interior streets
and alleys to the satisfaction of the Fire Chief and the City Engineer.
106) Prior to approval of the Final Map, the applicant shall, to the satisfaction o the
Fire Chief and City Engineer, design each street and /or alley to handle the
maximum weight of the heaviest equipment that may be used by the Fire
Department for emergency purposes. Parking shall be prohibited within the
streets and alleys dedicated as fire lanes by the Fire Chief, and the CC &R's shall
include an enforcement mechanism.
NOTICE. No judicial proceedings subject to review pursuant to California Code of
Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days
following the date of this decision or any final action on any appeal, plus extensions
authorized by California Code of Civil Procedure Section 1094.6.
NOTICE. The Conditions of Project Approval set forth herein include certain fees and
other exactions. Pursuant to Government Code Section 66020(d)(1), these
Conditions constitute written notice of a statement of the amount of such fees, and a
description of the dedications, reservations and other exactions. You are hereby
further notified that the 90 day appeal period in which you may protest these fees
and other exactions, pursuant to Government Code Section 66020(a) has begun. If
you fail to file a protest within this 90 -day period complying with all the requirements
of Section 66020, you will be legally barred from later challenging such fees or
exactions.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 19th day of July, 2011, by the following vote to wit:
AYES:
NOES:
ABSENT:
Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
None.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
seal of said City this 20th day of July, 2011.
Lara Weisiger, City Clerk
City of Alameda