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Resolution 14744w CITY OF ALAMEDA RESOLUTION NO. 14744 UPHOLDING PLANNING BOARD RESOLUTION PB -12 -13 APPROVING DESIGN REVIEW AND USE PERMIT APPLICATIONS (PLN11 -0378) TO CONSTRUCT TWO NEW RETAIL BUILDINGS AT 1600 PARK STREET WHEREAS, the project site is located within a C -M, Commercial Manufacturing, Zone District; and WHEREAS, the project site is located within both a Community Commercial Zoning District; and WHEREAS, Planning Board held a public hearing and approved this application on August 27, 2012; and WHEREAS, the project applicant, Foley Investments, LLC appealed the Planning Board approval of the application; and WHEREAS, the City Council held a public hearing on October 16, 2010 to consider the applicant's appeal; and WHEREAS, this Council held a de novo public hearing on October 16, 2010 on the use permit and design review application at which all materials submitted and all comments made by all parties, including staff, regarding this application were considered; and WHEREAS, the City Council considered the appeal, the public testimony, and all pertinent maps and reports and made the following findings concerning the project: Appeal Finding: The Appellant has failed to demonstrate that the Planning Board's actions, findings and conclusions were not supported by substantial evidence, not consistent with General Plan policy, or inconsistent with the purposes and standards of the Zoning Ordinance. Design Review Finding 1. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual. The proposed placement of the buildings on the Park Street and Tilden Way property lines with the parking for the buildings placed behind the buildings is consistent with the General Plan retail policies adopted by the Planning Board and City Council in 2009, the Alameda Municipal Code parking requirements adopted by the Planning Board and City Council in 2010, and the draft North Park Street Code. The architectural design of the project is well articulated and consistent with the guidelines in the Design Review Manual. 2. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses. The proposed use of the site for retail commercial use is consistent with both the existing zoning and the North Park Street Code. The proposed project meets the height, setback, lot coverage, and parking requirements of the Alameda Municipal Code and existing CM Zoning Designation. The height and proposed location of the buildings on the site is compatible with the other nearby buildings on Park Street and the site is designed to minimize impacts on the adjacent residential uses. 3. The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development. The elevations illustrate a proposal for two attractively detailed buildings which will provide a well visually appealing transition between the new building at the corner of Buena Vista and Park, the historic Marketplace building, the "Fort Knox" building and other historic buildings on Park Street to the north in the Park Street Historic District. Use Permit Findings 1. The location of the proposed use is compatible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development. The drive -thru is located behind the building in the parking lot where it will have a minimal visual impact from Park Street. The landscape plan is designed to screen the operations from Tilden and from Foley Street. Given the location and type of business (pharmacy and general retail), the proposal to extend the hours of operation until 11:00 PM will not cause noise or other impacts on adjacent land uses. The design of the parking area ensures that the extended hours of operation and the drive -thru will have minimal impact on adjacent residential areas. 2. The proposed use will be served by adequate transportation and service facilities including pedestrian, bicycle, and transit facilities. Park Street is well served by AC Transit. The improvements to the sidewalks and the street trees will improve the pedestrian experience in and around the site. 3. The proposed use, if it complies with all the conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy. The design of the site and the proposed use of the site for general retail, banking, and a pharmacy will be a positive contribution to Park Street retail area. The site plan design ensures that the project will have a positive effect on the surrounding land uses. 4. The proposed use relates favorably to the General Plan. The site is designated Community Commercial in the General Plan. The Community Commercial designation is intended for retail uses similar to those proposed for the site. The design and location of the buildings is also consistent with the General Plan Retail policies recently adopted by the City Council. WHEREAS, the City Council finds that the project is a Class 32 Categorical Exemption and no additional environmental review is necessary pursuant to CEQA Guidelines Section 15332 - In fill development project in an area that is substantially surrounded by urban uses. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Alameda hereby upholds Planning Board Resolution P- B -12 -13 approving PLN11- 0378, major design review for the construction of two one -story buildings at 1600 to 1640 Park Street and conditional use permit for extended hours of operation for Pad A and a drive -thru behind Pad A, subject to compliance with the following conditions: PLANNING 1. Conditions shall be printed on Plans. The conditions of this Permit shall be printed on the first sheet of each plan set submitted for a building permit. The second sheet may also be used if the first sheet is not of sufficient size to list all of the conditions. The sheet(s) containing the conditions shall be of the same size as those sheets containing the construction drawings; 8 -1/2" by 11" sheets are not acceptable. 2. Applicant /Property Owner Responsible for Compliance with Conditions The applicant /property owner shall ensure compliance with all of the following conditions. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and /or modification or revocation of the Permit. 3. Subject to all City and Other Regulations. The approved use and /or construction are subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies,_ including the following conditions imposed by the Planning Board on August 27, 2012 and the City Council on October 16, 2012: a. Park Street Curb Cut Design: The Park Street entrance on the parking plans shall be amended as described in amended Condition #72, and the one diagonal parking space closest to Park Street shall be removed to eliminate any parking between Pad A and Pad B. The applicant shall also refresh the pedestrian crossing paint across Park Street at Pacific. b. Foley Street Curb Cuts: The Foley Street curb cut shall be removed from the parking plan. However, if the applicant is able to acquire a reciprocal parking agreement with the adjacent property owners, then the existing two Foley curb cuts on the adjacent property may be relocated, provided that in no case shall the existing number of curb cuts onto Foley be increased. In the event that the applicant is able to acquire a reciprocal parking agreement, then the parking plan shall be amended to include clear signs indicating that Foley Street is a one - way street. The building plans shall also indicate that the Foley exits have been carefully located to minimize impacts from exiting cars on the homes across the street. In the event that the applicant is not able to acquire a reciprocal parking easement, the applicant shall not impose parking fees or parking fines on customers that park in the parking lot and shop in the adjacent retail spaces. c. Employee Parking: All employees shall be instructed to park their vehicles on the property. The applicant shall maintain records showing that all project tenants and employers have been notified of this employee parking requirement. d. Adjacent Residential Building Protections -Trash Enclosures and Lighting: The location of all trash enclosures shall be revised to ensure that no trash enclosures are placed next to residential properties. The Building Permit plans shall include a light shed diagram illustrating that the proposed building and parking lot lighting will not shed light on adjacent properties. e. Park Street Frontage: 1.) The existing newspaper racks on Park Street shall be relocated as necessary to minimize impacts of the racks on pedestrian access. 2) In the event that an ATM machine or other similar "walk up" service facilities are provided, such facilities shall be located on the Park Street side of the buildings or within the buildings on the Park Street side. f. Drive Thru Limitations: In the event that Pad A is occupied by a retail user that does not have a pharmacy or the need for a pharmacy drive - thru, the drive -thru shall be removed from the parking lot and replaced with landscaping and additional bicycle and /or automobile parking. g. Tilden Median: The applicant shall work with City staff to ensure that the median improvements on Tilden Way complement and do not conflict with any long term City plans to improve the Tilden /Park Street intersection. Such coordination shall not delay the applicant's building permit and construction schedule. 4. Building Permit Plans. The plans submitted for building permit and construction shall be in substantial compliance with plans prepared by John Malick and Associates, received on July 9, 2012 and on file in the office of the City of Alameda Community Development Department, except as modified by the conditions listed in this approval. 5. Design Changes. Any additional exterior changes shall be submitted to the Community Development Department for review and approval prior to construction. 6. Hold Harmless and Indemnification Agreement. The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, its Redevelopment Agency, 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, 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, Alameda City Planning Board, 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. 7. Lot Line Adjustment. Prior to issuance of the building permit, the applicant shall apply for and complete a lot line adjustment or merger to avoid placing a new building over an existing property line. 8. Public Art. Prior to issuance of building permits for the project, the applicant shall satisfy applicable requirements to implement public art pursuant to AMC Section 30 -65. The applicant shall propose a public art program that utilizes the window boxes on Pad A. 9. Affordable Housing. Affordable Housing Fee shall be paid to the satisfaction of the Community Development Director. 10. Design Review Approval Expiration: This approval shall expire and become void if construction, under valid permits, has not been initiated within two years of project approval unless the applicant applies for and is granted an extension pursuant to the requirements of Alameda Municipal Code Section 30 -37.6. 11. Landscape Plan. The applicant shall submit a final landscape plan, for review by the Planning Services Manager with the building permit application for this project. The final landscape plan shall include a low (3 to 4 foot high) brick wall, hedge, or landscape screen within the landscape areas on Tilden and Foley to screen the parking area and the drive -thru facility from view from the public right of way and the Foley residential properties. The landscape plan shall be accompanied by a Landscape Maintenance Plan to ensure that the common landscape areas are well maintained over the life of the project. 12. Window Plan: The applicant shall submit a final window plan, for review by the Planning Services Manager with the building permit application for this project. The final window plan shall show at least two unobstructed windows on the Park Street frontage of Pad A and all windows on Pad B unobstructed. The remaining windows on Pad A may be configured as "window boxes" as shown on the plans and shall be utilized to provide a venue for public art. All window areas shall be maintained free of advertising and shall be maintained as "see through" glass. 13. Lighting. New exterior lighting fixtures shall be low intensity, directed downward and shielded to minimize offsite glare. 14. Park Street Entries. The Park Street public entrances for Pad A and Pad B shall remain unlocked and freely accessible during all store hours. Failure to maintain public access from Park Street during business hours may result in a public hearing to consider revocation of the Use Permit for extended hours of operation and the drive thru operations. 15. Pad A Park Street Entry Redesign: The Park Street entry for Pad A shall be modified to replace the angled, inset door with either: a door facing Park Street and a door facing Pad B with each door set flush with the exterior facade of the building, or a single door facing Park Street which is set flush with the exterior wall for the building. When setting the door "flush" with the wall, the door should be appropriately inset into the wall to avoid crossing the property line and to match the window insets and provide an attractive facade to the public right of way. The doors may be inset further than the windows if necessary to avoid crossing the property line. 16. Extended Hours of Operations for Pad A and Drive -Thru. The tenants in Pad A may remain open for customer services until 11:00 PM, seven days a week. Truck loading and unloading for deliveries to Pad A and Pad B shall be limited to the hours of 7 am to 10 pm Monday through Friday. 17. Drive -Thru: The drive -thru shall be operated in a manner that ensures that noise form the use of the drive -thru is in compliance with the City of Alameda Noise ordinance and does not become a nuisance to the residents on Foley Street. 18. Outdoor Storage. No exterior storage shall be permitted at any time. 19. Tree removal and replacement. Each street tree removed from the Tilden Median shall be replaced by the planting of 24 -inch box trees consistent with the Street Tree Master Plan. 20. Cultural Resources: In the event that previously unidentified cultural resources are discovered during site preparation or construction, work shall cease in the immediate area until such time as a qualified archaeologist and City of Alameda personnel can assess the significance of the find. The following measures shall be implemented at the time of the find: a) Activity in the vicinity of the suspected resources shall be immediately suspended and City of Alameda personnel and a qualified archaeologist shall evaluate the find. Project personnel shall not alter any of the uncovered materials or their context. b) If archeological resources are discovered, the City and the cultural resource consultant shall determine whether the resource is unique based on the criteria provided in the CEQA Guidelines and the criteria listed above. The City and developer, in consultation with a cultural resource expert, shall seek to avoid damaging effects on the resource wherever feasible.c) If the City determines that avoidance is not feasible, a qualified cultural resource consultant shall prepare an excavation plan for mitigating the impact on the qualities that make the resource unique. The mitigation plan shall be prepared in accordance with CEQA Guidelines and shall be submitted to the City for review and approval. If human remains are encountered, work shall halt within 50 feet of the find and the County Coroner shall be notified immediately. A qualified archaeologist shall also be contacted to evaluate the situation. If the human remains are of Native American origin, the Coroner must notify the Native American Heritage Commission within 24 hours of this identification. Pursuant to Section 5097.98 of the Public Resources Code, the Native American Heritage Commission will identify a Native American Most Likely Descendent to inspect the site and provide recommendations for the proper treatment of the remains and associated grave goods. Section 7050.5 of the California Health and Safety Code states that in the event of discovery or recognition of any human remains in any location other than a ,; "c dedicated cemetery, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner of the county in which the human remains are discovered has determined whether or not the remains are subject to the coroner's authority. If paleontological resources are encountered during site preparation or construction activities, the following mitigation measures shall be implemented: Activity in the vicinity of the suspected resource(s) shall be immediately suspended, and City of Alameda personnel and a qualified paleontological resource consultant shall be contacted to evaluate the find. Project personnel shall not alter any of the uncovered materials or their context. If paleontological resources are discovered and the City and the paleontological resource consultant found that the resource is significant based on the criteria provided in the CEQA Guidelines and criteria listed above, the City and project developer, in consultation with a paleontological resource expert, shall seek to avoid damaging effects on the resource wherever feasible. 21. Noise: If pile driving is required, "vibratory" pile driving should be used wherever feasible. The vibratory pile driving technique, despite its name, does not generate vibration levels higher than the standard pile driving technique. It does, however, generate lower, less- intrusive noise levels. 22. Hazardous Materials: Documentation from the Alameda County Environmental Health and /or DTSC and or the Regional Water Quality Control Board shall be provided prior to issuance of Building Permits showing completion of all required site remediation activities. Prior to issuance of the occupancy permit, any additional documentation required by ACEH shall be provided. . PUBLIC WORKS General Information 23. The applicant/developer shall comply with all applicable policies and requirements of the current approved transportation plans, including the Bicycle Master Plan, the Pedestrian Master Plan, the Long Range Transit Plan, the Transportation Demand Management and Transportation System Management Plan, and the Multimodal Circulation Plan. Engineering 24. 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 authorizes them to be prepared by some other qualified professional, and be in accordance with the AMC, conditions of approval by the Planning Board, 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 prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans shall be approved by Public Works Director prior to establishment of the use. 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. 25. 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 stormwater 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 stormwater 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 prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans shall be approved by the Public Works Director prior to establishment of the use. The landscaped architect shall also assume responsibility for inspection of the work 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 landscaping and irrigation in the public right of way was constructed in accordance with the approved plans. 26. The landscape and irrigation plans for on -site and off -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 stormwater 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 stormwater 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 Community Development Department prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans shall be approved by the Community Development Department prior to establishment of the use. The landscaped architect shall also assume responsibility for inspection of the work 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 landscaping and irrigation was constructed in accordance with the approved plans. 27. Any proposed improvements with the floodplain area shall be prepared and signed by a registered civil engineer licensed in the State of California and meet the requirements of the AMC. The developer shall include the recommended improvements into the project's improvements plans prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director or designee prior to establishment of the use. 28. To guarantee completion of the required on -site and off -site improvements, the Developer shall enter into an agreement with the City and provide a security in a form and amount acceptable to the City prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director or designee prior to establishment of the use. 29. A sanitary sewage flow analysis 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 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. The developer will pay for the cost of the modeling study. The developer will include the recommended improvements into the project's improvements plans prior to approval of the improvement plan or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director or designee prior to establishment of the use. 30.A sanitary sewage treatment capacity analysis for wet weather flows shall be prepared by a registered civil engineer licensed in the State of California and submitted as part of the construction improvement plans. The plan shall identify and mitigate any increase in wet weather flow treatment capacities associated with the development when compared to existing conditions. The developer will include the recommended improvements into the project's improvements plans prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director or designee prior to establishment of the use. 31.A storm drainage hydrology analysis identifying the total peak drainage 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 City will provide this data to an independent consultant who will assess the impact of the proposed development on the City's storm drainage system using a hydraulic model and determine the improvements, if any, to ensure sufficient capacity for this project and anticipated cumulative growth in the associated drainage basin. The developer will pay for the cost of the modeling study. The developer will include the recommended improvements into the project's improvements plans prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director or designee prior to establishment of the use. 32. The applicant /developer shall submit a soils investigation and geotechnical report, prepared by a registered geotechnical engineer licensed in the State of California and acceptable to the Public Works Director. 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 parcel /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 or establishment of the use, whichever comes first, that the work performed is adequate and complies with their recommendations. Additional soils information may be required during the plan check of individual house plans 33. All required public frontage and street improvements shall be designed, built, and dedicated to the City in accordance with City ordinances, conditions of approval by the Planning Board, and Public Works Department standards. Street improvements shall include curbs, gutters, sidewalks, street trees, landscaping and irrigation, streetlights, etc. 34. 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 1-1/2 inch asphalt concrete overlay, or petromat with a minimum 1 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. Applicant /developer shall also provide digouts and reconstruction of any potholed and /or alligatored areas adjacent to the project. 35. 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. 36. All project related grading, trenching, backfilling, and compaction shall be conducted in accordance with City of Alameda Standards and Specifications. 37. 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 based upon a showing of significant financial hardship. 38. Construction equipment must have start of the art muffler systems as required by current law. Muffler systems shall be properly maintained. 39. Noisy stationary construction equipment, such as compressors, shall be placed away from developed areas off -site and /or provided with acoustical shielding. 40. Grading and construction equipment shall be shut down when not in use. 41. During non - working hours, open trenches shall be provided with appropriate signage, flashers, and barricades approved by the Public Works Director to warn oncoming motorists, bicyclists, and pedestrians of potential safety concerns. 42. 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. 43. New street trees shall maintain clearances from utilities shall be as follow: a) Fire hydrant — 6 feet; b) top of driveway wing — 5'; c) stop signs — 15'; d) street /pathway lights and utility poles — 25'; e) storm drain, sanitary mains, gas, water, telephone, electrical lines — 5'; f) front of electrical pad- mounted equipment — 10'. Verify minimum clearance distances of street trees /shrubs from electrical transformers with City of Alameda Municipal Power (AMP). 44. 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. 45. 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. No work allowed on Sundays. Any work done without inspection may be rejected at the contractor's expense. Stormwater, Wastewater and Water 46. 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 or pretreated prior to discharge to storm drain systems. 47. The construction improvement plans shall incorporate permanent stormwater treatment controls and /or design techniques to manage the quantity and quality of stormwater 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. Applicants may refer to the Bay Area Stormwater Management Agencies Association (BASMAA) Start at the Source Manual for technical guidance. 48. 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 stormwater 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 stormwater runoff. 49. 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, licensed in the State of California, and working for a firm included on the Bay Area Stormwater Management Agencies Association (BASMAA) list of Qualified Post - Construction Consultants for stormwater treatment facility design that indicates that the treatment measure design meets the established sizing design criteria for stormwater treatment measures prior to approval of the improvements plans, grading permit, or building permit, whichever comes first. If no building permit is required, the plans shall be approved by the Public Works Director prior to establishment of the use. Effective December 1, 2011, this requirement will also apply to any restaurant, automobile service facility, retail gasoline outlets, restaurants or uncovered parking project of 5,000 square feet or greater. 50. The applicant /developer shall submit a Stormwater 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 designee prior to approval of the improvements plans, or grading permit, or building permit whichever comes first. If no building permit is required, the plans shall be approved by the Community Development Department and Public Works Director prior to establishment of the use. Effective December 1, 2011, this requirement will also apply to any restaurant, automobile service facility, retail gasoline outlets, restaurants or uncovered parking project of 5,000 square feet or greater. 51 The applicant /developer shall submit a Stormwater 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) stormwater treatment measures; identification of the party responsible for stormwater treatment measures O &M; an instrument of financial assurance, in an amount and form acceptable to the City, from the party responsible for stormwater 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, grading permit, or building permit, whichever comes first. If no building permit is required, the plans shall be approved by the Public Works Director prior to establishment of the use. The Agreement shall also be recorded at Project Owner's expense, with the County Recorder's Office of the County of Alameda prior to establishment of the use. Effective December 1, 2011, this requirement will also apply to any restaurant, automobile service facility, retail gasoline outlets, restaurants or uncovered parking project of 5,000 square feet or greater. 52. 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 stormwater 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 designee, prior to the issuance of any occupancy permit, including a temporary occupancy permit. Effective December 1, 2011, this requirement will also apply to any restaurant, automobile service facility, retail gasoline outlets, restaurants or uncovered parking project of 5,000 square feet or greater. 53. Fire sprinkler system test water discharges shall be directed to onsite vegetated areas. 54. For any project with a total disturbed area of one acre or greater, the 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 designee prior to approval of a grading permit. 55. In compliance with the NOI submittal to the SWRCB, the 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. Upon City's acceptance of the plan, 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 designee with documentation of the submittal prior to approval of a grading permit. 56. In compliance with the SWPPP, the 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 during any construction activities. 57. 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 Stormwater Quality Association's Stormwater Best Management Practice, to minimize to the maximum extent practicable, 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. 58. 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. Traffic and Transportation 59. The applicant /developer shall submit a traffic striping and signage plan for all new or changed 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 prior to approval of the improvements plans or building permit, whichever comes first. If no building permit is required, the plans shall be approved by the Public Works Director prior to establishment of the use. 60. The applicant /developer shall submit the improvement plans for any on -site parking facilities to the Community Development Department and Pubic Works Department for review and approval. A registered civil engineer licensed in the State of California shall prepare the plans and signed and stamped them as approved. The Community Development Department shall review and approve the parking lot layout, including number of spaces, dimensions of spaces, and ADA requirements and the Public Works Director shall review and approve the internal and external circulation of the parking lot, including lane widths and access points. The plans shall be reviewed and approved by the Community Development Department and Public Works Director prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans shall be approved by the Community Development Department and Public Works Director prior to establishment of the use. 61. Bicycle parking facility locations and type shall be shown on the improvement plans and shall be as follows: for short term bicycle parking, provide one bicycle rack per 10 vehicle spaces; for long term, employee bicycle parking, provide two bicycle lockers. Employee parking for Pad A may be located within the building. The facility, location, and type shall be approved by the Community Development Department prior to approval of the building permit. 62. At least three weeks prior to the commencement of any work within the public right -of -way or within the development that affects access for pedestrians, bicyclists, 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. At locations where adequate alternate access cannot be provided, appropriate signs and barricades shall be installed at locations determined by the Public Works Director 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. Construction work may not commence until the TCP is approved by the Public Works Director. 63. Pedestrian and vehicular lighting at all intersections and project driveways shall meet Alameda Municipal Power standards for crosswalks, sidewalks, and intersections. 64. Applicant /developer shall replace any damaged curb, gutter, and sidewalk along street frontages to the satisfaction of the Public Works Director, in accordance with the Public Works Department's Standard Plans and Specifications prior to acceptance of the project or issuance of any occupancy permit, including a temporary occupancy permit, whichever comes first. 65. The developer shall comply with all applicable requirements of the Alameda Municipal Code, the Uniform Building Code, the City of Alameda Standard Plans and Specifications, and the City of Alameda Standard Subdivision Specifications and Design Criteria. 66. The developer shall comply with all applicable policies and requirements of the current approved transportation plans, including the Bicycle Master Plan, the Pedestrian Master Plan, the Long Range Transit Plan, the Transportation Demand Management and Transportation System Management Plan (TDM/TSM Plan), and the Multimodal Circulation Plan. 67. The developer shall obtain all required regional, state, and federal permits including, but not limited to, the Bay Area Air Quality Management District, and the Site Management Plan as approved by the Alameda County Health Department, prior to City approval of the improvements plans or building permit. All agency requirements and conditions for approval of permits associated with the project, including any work occurring below mean high water and /or involving bulkheads, riprap, piers, ramps, floats, mooring piles, dolphins, and /or dredging must be incorporated into the project design and shown on the improvement plans prior to approval of any tentative subdivision /parcel map(s). 68. The developer shall pay all applicable fees and charges at the required time and at the rate in effect at time of payment in accordance with the current City of Alameda Fee Resolution. 69. The developer shall pay all fees related to filing of environmental documents for the project with the County Clerk. 70. During non - working hours, open trenches shall be provided with appropriate, steel plates, signage, flashing lights, and barricades, as approved by the City Engineer to warn motorists, bicyclists, and pedestrians of the open trench. 71. All street surfaces shall be restored to pre - project conditions after completion of any project related activities. 72. Egress vehicular access at the Park Street driveway shall be prohibited. The building permit plans shall include revisions to narrow the driveway to the extent practical to allow ingress for cars, small trucks, and emergency vehicles. Additional signage and pavement markings prohibiting exiting traffic shall also be provided. The final design of the driveway access control shall be reviewed and approved by the Public Works Director. Delivery truck ingress (wheel base over 40 feet) should be directed to use the new Tilden Way driveway. 73. To protect pedestrians and limit the potential for westbound trucks on Tilden Way to encroach onto the sidewalk at the northeast corner of Park Street at Tilden Way when turning right onto northbound Park Street, the applicant /developer shall install a raised curb along the curb return , while maintaining ADA pedestrian ramp access. To further address this concern, the applicant /developer shall install two decorative bollards at the corner. 74. The Developer shall install a Side Street Warning sign (W2 -2) along westbound Tilden Way before approaching Foley Street to advise motorists of the intersection due to changed and increased traffic conditions. 75. To allow full access from the project's Tilden Way driveway, the following details shall be included on the improvement plans and designed by a registered civil engineer licensed in the State of California, who shall sign and stamp the plans as approved: a. The median break shall be of sufficient width to allow for all truck types expected to provide delivery to the development to safely exit the site and make a left turn onto Tilden Way with adequate clearance from the median. b. The left -turn pocket for the median break shall be designed to ensure sufficient storage capacity for eastbound Tilden Way vehicles entering the development c. The median break shall be designed to provide adequate visibility based on standard stopping sight distance requirements. d. Street lights shall be removed and replaced in accordance with the approval of the General Manager of AMP or his /her designee. e. Install a No -U -Turn sign at the median opening on Tilden Way . f. The design of the Tilden Way driveway and median opening shall be reviewed and approved by the Public Works Director. Environmental 76. Design of all external enclosures for solid waste, recycling and organics shall be approved by the Public Works Director prior to approval of the improvements plans or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director prior to establishment of the use. These facilities are to 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 and have a minimum floor area of 96 square feet for buildings 10,001 — 25,000 square feet in size and 192 square feet for buildings 25,001 — 50,000 square feet in size. Any enclosures containing food waste shall have floor drains connected to the sanitary sewer system. If the enclosures are attached to buildings that 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. 77. Prior to issuance of a grading, demolition, or building permit, whichever comes first, applicant /developer is required to obtain a construction and demolition permit approved by the Public Works Director in accordance with AMC Section 21 -21. 78. During the construction /demolition /renovation period of the project, applicant /developer shall use the City's franchised hauler to remove all wastes generated during the project development. AMP and Fire 79. The applicant shall comply to AMP's Rules and Regulations as stated in Article X and AMP's "Material and Installation Criteria for Underground Electrical Systems" (both available at www.alamedamp.com) and provide completed "Service Panning Sheets" for AMP's review prior to submitting plans for building permits. 80. The applicant shall provide information on the location of transformers and total load in kilowatts or kilowatt /volts (KVA) to Alameda Municipal Power (AMP) for approval prior to building permit issuance. If necessary, the applicant shall provide (at no charge to AMP) an easement and access to all AMP facilities on the property prior to issuance of building permits. 81. The applicant shall provide a fire hydrant on site. The location of the hydrant shall be determined in consultation with the Fire Department as pat of the Improvement Plans. 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 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 exactions. The applicant is hereby further notified that the 90 -day appeal period, in which the applicant may protest these fees and other exactions, pursuant to Government Code Section 66020 (a) has begun. If the applicant fails to file a protest within this 90 -day period complying with all requirements of Section 66020, the applicant 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 16th day of October, 2012, by the following vote to wit: AYES: Councilmembers Bonta, deHaan, Johnson, and Mayor Gilmore — 4. NOES: None. ABSENT: Councilmember Tam - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 17th day of October, 2012. L,zth-e, Lara Weisiger, City Cle City of Alameda