Resolution 14760CITY OF ALAMEDA RESOLUTION NO. 14760
APPROVING PLN12 -0226 — A FIFTY -THREE LOT SUBDIVISION AT 1551
BUENA VISTA AVENUE
WHEREAS, an application was made on May 22, 2012, and subsequently
_.; a 53-lot, 89-unit subdivision on a 7.14-acre property located at 1551 Buena Vista
modified, by John Shelton, Trident Partners, LLC, requesting approval to develop
. WHEREAS, the project site is designated as Medium Density Residential
WHEREAS, the project site is located within the R-4/PD-MF (Neighborhood
.1 " Residential with a Planned Development and Multi - Family Combining overlay);
and
WHEREAS, the Planning Board held a public hearing on this application on
October 22, 2012; and
WHEREAS, the Planning Board continued the item to the November 13
and then the November 26, 2012 meeting; and
WHEREAS, the Planning Board held a public hearing on this application on
November 26, 2012; and
WHEREAS, pursuant to the California Environmental Quality Act ( "CEQA "),
the Planning Board found that the Initial Study, the Mitigated Negative
Declaration, and the Addendum prepared for this project to be adequate in
addressing the environmental impacts for the proposed Tentative Map under
CEQA; and
WHEREAS, the Planning Board recommended approval of the application,
with conditions, unanimously on November 26, 2012; and
WHEREAS, the City Council held a public hearing on January 2, 2013; and
WHEREAS, the City Council has made the following findings concerning
the project:
1. The proposed subdivision is in conformance with the General Plan and
Zoning for this site. The development is consistent with the Medium Density
Residential General Plan and R- 4 /PD -MF Zoning designations for the
property. The project would permit 89 dwelling units and would provide 53
lots ranging in size from approximately 2,100 to 4,200 square feet. This is
consistent with development standards for the R- 4 /PD -MF zoning district and
the Medium Density Residential designation of the General Plan.
2. The site is physically suitable for the proposed residential development
in the General Plan. The site is located in an area of predominately
residential development or area that is planned for future residential
development. The Northern Waterfront General Plan Amendment will guide
the development of adjacent properties for residential or mixed -use
development.
3. The site is physically suitable for the density of the development.
Redevelopment of the site is consistent with density standards of the General
Plan and Zoning Ordinance. The site is vacant, level, and surrounded on two
of the four sides by residential neighborhoods with a similar density. The
proposed Tentative Map is designed to be compatible with the density of the
adjacent neighborhoods.
4. 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 residential
redevelopment of the site will not introduce hazards that are inconsistent with
standard residential development within the R- 4 /PD -MF zoning district and the
Medium Density Residential general plan designation. Mitigation measures
and conditions of approval ensure that no un- intended environmental damage
or exposure of future residents to environmental dangers could occur.
5. The design of the subdivision will not conflict with easements acquired
by the public at large for access through or use of property within the
subdivision. All required easements are to be retained and additional other
necessary easements are to be provided.
6. The design of the subdivision and its improvements will not cause
serious public health problems. The project will include improvements to
the Clement Avenue and Entrance Way right -of -way and will include
conditions that assure that the property is free of hazardous materials and
would not adversely affect public health. Easements for surface drainage
runoff and utilities are required as conditions of the Tentative Map.
7. The approval of this map is consistent with the Housing Element and
General Plan. The subject site is identified in the 2012 Housing Element as a
site that is appropriate for single - family and multi - family housing types.
Although the subject map projects fewer units than anticipated in the Housing
Element, the remaining sites in the Housing Element are adequate to
accommodate the City of Alameda Regional Housing Needs Allocation. With
approval of this map, the remaining sites are adequate to accommodate the
regional housing need because the Housing Element included surplus units.
With the approval of this map, the Housing Element will still include a small
surplus. Furthermore, the existing zoning on two nearby Housing Element
sites is adequate to make up the reduction in density on this site. Specifically,
the Boatworks site on Clement at Oak Street and the Encinal Terminals site
immediately adjacent to the subject site can accommodate additional units
above the number projected in the Housing Element for those two site and in
an amount that would offset the reduction in density allowed by this approval
for this property.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council
finds, based on its independent judgment, and based on the whole record,
including the Initial Study, the Mitigated Negative Declaration, the
Addendum, all staff reports, comments received during the public review
process, and testimony received, that the project, as conditioned, will have
a less than significant impact on the environment, and the Council hereby
adopts the Mitigated Negative Declaration and the Addendum.
BE IT FURTHER RESOLVED THAT the City Council of the City of
Alameda hereby approves a tentative map to develop a 53 -lot, 89 unit subdivision
on a 7.14 acre property located at 1551 Buena Vista Avenue and bounded by
Ohlone Street, Buena Vista Avenue, Clement Avenue and Entrance Way subject
to compliance with the following conditions:
Community Development
1. Prior to issuance of any building permit, the applicant must apply for and receive
Design Review and Development Plan approval for all improvements including
architectural, landscape, and site design. The Design Review and /or
Development Plans shall specify:
a). Buyers with Disabilities: That the project shall have optional floor plans
available for buyers with disabilities, such as a floor plan with the Master Bedroom
on a lower floor with the kitchen and living area, which may require a one car
garage.
b). 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. Alameda Municipal Power has a multiyear CIP
program to replace all HPS fixture with new technology type lamps (i.e. LED).
The project will need to provide a lighting design using new technology type
lamps to meet equivalent HPS lighting levels and RP -08.
c). Air Quality: That no wood burning fireplaces or stoves shall be installed as part
of the proposed project.
d). Alley Design. The Design review plans must provide landscaping on rear of
the homes facing the alleys.
e). The lots facing Buena Vista shall be designed to share driveways.
f). The emergency vehicle access (EVA) shall be paved, either in distinctive
pavement or pavement and turf block and will be further evaluated at the Design
Review stage.
2. Prior to issuance of the first building permit, the applicant is required to comply
with the terms of the City of Alameda Public Art requirement as specified in
Alameda Municipal Code section 30 -65.
3. Prior to issuance of any building permits or approval of the Final Map, whichever
occurs first, the applicant shall create a Transportation Demand Management
(TDM) program with monitoring requirements geared towards reducing the single
occupant vehicle (SOV) trips to and from the development. This program must
include the process of creating a Transportation Management Association (TMA)
or joining an existing TMA in the area. The program shall demonstrate how the
development shall meet the General Plan goal to reduce peak hour trips by a
minimum of 10 percent. The project shall, at a minimum, be required to provide
two AC Transit passes for each unit in perpetuity or an equivalent shuttle
service. The HOA cannot remove this requirement at subsequent meetings.
The TDM plan shall address unbundling of parking in the single - family and multi-
family products. The TDM plan shall be submitted to the Planning Board with the
Design Review application.
4. Prior to the Final Map approval, the project applicant shall execute an Affordable
Housing Agreement with the City in conformance with the requirements of
Section 30 -16 Inclusionary Housing Requirements for Residential Projects. The
Affordable Housing Agreement will require, in part, construction of 16 residential
units affordable to very low -, low- and moderate - income households. The
project will provide either six moderate - units, seven low- income units and three
very-low income units or seven moderate - income units, five low- income units
and four very -low income units. The affordable units shall be distributed
throughout the development with the moderate units being distributed throughout
the single - family residential product.
5. The Covenants, Code and Restrictions (CC &R's) shall include a disclosure for
homes fronting onto Clement Avenue that Clement Avenue is a designated
Truck Route and will eventually be used as such, as provided for in the
Transportation Element of the General Plan.
6. The Homeowner Association, required as part of Condition of Approval #45, shall
require each resident to pay a park maintenance fee at the same level as
required for Marina Cove !for the maintenance of the Marina Cove Waterfront
Park. The Homeowner Association shall be administered by a professional
company with monthly or quarterly homeowners association dues. The
Homeowner Association shall include CC &R's that require properties maintain
an appropriate standard of maintenance. The Homeowner Association shall
enforce the CC &R's provisions related to the exterior appearance and
maintenance of all units and landscaping to ensure all properties adhere to an
appropriate standard of maintenance. The scope of the Homeowner Association
should otherwise be limited to address essential services and financial
obligations.
Project Specific Environmental Conditions
7. All Mitigation Measures are hereby incorporated as Conditions of Approval.
The applicant shall be responsible for maintaining and periodically (to be
determined at a later date) filing a Mitigation Monitoring and Reporting
Program to demonstrate compliance with all project mitigations.
8. Mitigation Measure AQ -1: The project applicant shall require the construction
contractor to reduce the severity of project construction period dust impacts by
complying with the following control measures:
a. All exposed surfaces (e.g., parking areas, staging area, soil piles, graded
areas, and unpaved access roads) shall be watered two times per day.
b. All haul trucks transporting soil, san, or other loose material off -site shall be
covered.
c. All visible mud or dirt track -out onto adjacent public roads shall be removed
using wet power vacuum street sweepers at least once per day. The use of
dry power sweeping is prohibited.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph.
e. All roadways, driveways, and sidewalks to be paved shall be completed as
soon as possible. Building pads shall be laid as soon as possible after
grading unless seeding or soil binders are used.
f. Idling times shall be minimized either by shutting equipment off when not in
use or reducing the maximum idling time to 5 minutes (as required by the
California airborne toxics control measure Title 123, Section 2485 of California
Code of Regulations [CCR]). Clear signage shall be provided for construction
workers at all access point.
g. All construction equipment shall be maintained and properly tuned in
accordance with the manufacturer's specifications. All equipment shall be
checked by a certified visible emissions evaluator.
h. Post a publicly visible sign with the telephone number and person to contact
at the Lead Agency regarding dust complaints. This person shall respond and
take corrective action within 48 hours. The Air District's phone number shall
also be visible to ensure compliance with applicable regulations.
9. Mitigation Measure CR -1: Prior to issuance of a grading permit, the project
sponsor shall retain the services of a qualified archaeologist to develop and
implement a plan, subject to review and approval by the City of Alameda
Planning Division, for conducting a program of systematic subsurface
archaeological testing. The mechanical testing program shall include excavation
of test pits by backhoe following building demolition and removal of pavement,
but prior to site grading. Mitigation Measures CR -2 and CR -3 shall also be
implemented.
Or:
Following building demolition and removal of pavement, a qualified archaeologist
shall be present during site clearing, grading, and excavation activities to
continuously monitor for appearance of cultural resources. Monitoring shall
continue until such time as the archaeologist determines that further removal of
soils from the site will have no potential for encountering prehistoric and /or
historic cultural deposits. If any potentially significant resources are discovered,
all work shall be immediately halted in the area designated by the archaeologist
as archaeologically sensitive until Mitigation Measure CR -2 has been fully
implemented.
10. Mitigation Measure Cultural Resources -2: If any cultural If any cultural artifacts
are encountered during site grading or other construction activities, all ground
disturbance in the vicinity shall be halted until a qualified archaeologist can
identify and evaluate the resource(s) and, if necessary, recommend mitigation
measures to document and prevent any significant adverse effects on the
resource(s). The archeological consultant shall immediately notify the City of
Alameda Planning Division and the project sponsor of the encountered
archeological deposit. The archeological consultant shall prepare and implement
a plan, subject to review and approval by the City of Alameda Planning Division,
for evaluation, recovery, and /or documentation of the discovered resource. The
results of any additional archaeological effort required through the
implementation of Mitigation Measures CR -1 through CR -3 shall be presented in
a professional - quality report, to be submitted to the project sponsor, the City of
Alameda, and the Northwest Information Center at Sonoma State University in
Rohnert Park. The project sponsor shall fund and implement the mitigation in
accordance with Section 15064.5(c) -(f) of the CEQA Guidelines and Public
Resources Code Section 21083.2.
11. Mitigation Measure Cultural Resources -3: In the event that any human remains
are encountered during site disturbance, all ground- disturbing work shall cease
immediately and a qualified archaeologist shall notify the Office of the Alameda
County Coroner and advise that office as to whether the remains are likely to be
prehistoric or historic period in date. If determined to be prehistoric, the
Coroner's Office will notify the Native American Heritage Commission of the find,
which, in turn, will then appoint a Most Likely Descendant" (MLD). The MLD in
consultation with the archaeological consultant and the project sponsor, will
advise and help formulate an appropriate plan for treatment of the remains,
which might include recordation, removal, and scientific study of the remains and
any associated artifacts. After completion of analysis and preparation of the
report of findings, the remains and associated grave goods shall be returned to
the MLD for reburial.
12. Mitigation Measure Cultural Resources -4: If any paleontological resources are
encountered during site grading or other construction activities, all ground
disturbance shall be halted until the services of a qualified paleontologist can be
retained to identify and evaluate the resource(s) and, if necessary, recommend
mitigation measures to document and prevent any significant adverse effects on
the resource(s). The project sponsor shall immediately notify City of Alameda
Planning Division staff and the City building inspector assigned to the project
upon discovery of paleontological resources. If a fossil find is confirmed, it shall
be recorded with the U.S. Geological Survey and curated in an appropriate
repository, as determined by the paleontologist.
13. Mitigation Measure Geology and Soils -1: Prior to issuance of a grading permit,
per the recommendation of the preliminary geotechnical investigation prepared
for the project, the project sponsor shall retain the services of a qualified
geotechnical engineer or engineering geologist to prepare a design -level
geotechnical investigation for purposes of clarifying site preparation and design
recommendations related to liquefaction potential, foundations, undocumented
fill, shallow ground water, expansive soil, and abandoned below -grade
improvements such as buried debris, pipelines, railroad ties and tracks, and old
foundations and slabs. The recommendations in the preliminary geotechnical
investigation report shall be updated or modified as appropriate to reflect the
design -level geotechnical investigation.
14. Mitigation Measure Geology and Soils -2: The proposed project design and
construction shall incorporate all of the site preparation, foundation design,
structural design, drainage, ground improvement performance testing, exterior
flatwork, asphalt concrete pavement, and other recommendations presented in
the June 14, 2012 geotechnical investigation prepared for the project by
Cornerstone Earth Group, unless modified during construction, based on field
conditions, by a qualified registered geotechnical or civil engineer. In addition,
the final grading plans shall be reviewed by a qualified registered geotechnical or
civil engineer, and any resulting additional recommendations shall be
incorporated into the project. All site preparation work shall be performed under
the observation of the Geotechnical Engineering firm of record. All design and
construction shall conform to the requirements of the latest California Building
Standards Code. All structural design and construction shall be subject to final
approval by the City of Alameda Land Development and Permit Review Program
of the Community Development Department.
15. Mitigation Measure Geology and Soils -3: Grading activities shall be restricted to
the summer construction season (April 15th through October 15th). Any site
earthwork after October 15th shall be limited to activities related to erosion
control unless authorized in writing by the City of Alameda.
16. Mitigation Measure Geology and Soils -4: A Notice of Intent (NOI), Stormwater
Pollution Prevention Plan (SWPPP), and Stormwater Control Plan (SCP) shall be
prepared and submitted along with grading permit applications. The SWPPP
shall provide for temporary measures to control sediment and other pollutants
during construction and the SCP shall specify permanent controls (such as
drainage ditches) that should last for the life of the project. The requisite plans
shall be prepared in accordance with the standards provided in the Manual of
Erosion and Sedimentation Control Measures (2005) or the California
Stormwater Quality Association's (CASQA) Best Management Practice (BMP)
Handbooks for Construction and for New Development and Redevelopment
(2009). Implementation of the plan will help stabilize graded and stockpile areas
and reduce erosion and sedimentation. The plans shall identify Best
Management Practices (BMPs) that will be adhered to during construction
activities. Erosion - minimizing features such as hay bales, water bars, covers,
sediment fences, sensitive area access restrictions (for example, flagging),
and /or retention /settlement areas shall be implemented as necessary before the
onset of inclement weather. Mulching, seeding, or other suitable stabilization
measures shall be used to protect exposed areas during construction activities.
The plans shall incorporate requirements of the Clean Water Program Alameda
County and other applicable federal, State, and local requirements.
17. Mitigation Measure Geology and Soils -5: To the extent practicable, existing
topsoil in areas to be graded shall be stockpiled and re -used in the project areas
for landscaping, erosion control, or other purposes.
18. Mitigation Measure Hazards and Hazardous Materials -1: Prior to issuance of a
demolition permit for the existing buildings on the site, a survey for asbestos -
containing building materials (ACBM) shall be conducted by a qualified asbestos
abatement contractor. If ACBM is identified, all friable asbestos shall be removed
prior to building demolition by a State - certified Asbestos Abatement Contractor,
in accordance with all applicable State and local regulations. The Bay Area Air
Quality Management District (BAAQMD) shall be notified ten days in advance of
any required abatement work. To document compliance with the applicable
regulations, the project sponsor shall provide the Alameda Community
Development Department with a copy of the notice required by BAAQMD for
asbestos abatement work, prior to and as a condition of issuance of the building
permit for the proposed project by the City of Alameda Community Development
Department.
19. Mitigation Measure Hazards and Hazardous Materials -2: Prior to issuance of a
demolition permit for the existing buildings on the site, a survey for lead -based
paint (LBP) shall be conducted by a qualified lead assessor. If LBP is identified,
lead abatement shall be performed in compliance with all federal, State, and
local regulations applicable to work with LBP and disposal of lead- containing
waste. A State - certified Lead - Related Construction Inspector /Assessor shall
provide a lead clearance report after the lead abatement work in the buildings is
completed. The project sponsor shall provide a copy of the lead clearance report
to the City of Alameda Community Development Department.
20. Mitigation Measure Hazards and Hazardous Materials -3: The project sponsor
shall provide documentation to the City of Alameda demonstrating that the lead
contamination in site soils has been remediated to below the applicable
environmental screening level (ESL) for residential use. Removal and disposal of
lead- contaminated soil, as well as drums of motor oil, hydraulic fluid, antifreeze,
propane, and other hazardous materials, shall be performed by qualified
personnel in accordance with applicable State regulations.
21. Mitigation Measure Hazards and Hazardous Materials -4: Prior to issuance of a
grading permit for the project, the project sponsor shall prepare a soil
management plan (SMP) to establish management practices to be followed
during site grading in the event that any other pockets of contaminated soil,
debris, or buried structures are encountered during the grading. The construction
contractor shall be required to conform with the procedures identified in the
SMP, as applicable.
22. Mitigation Measure Hazards and Hazardous Materials -5: For all remediation
work performed in compliance with Mitigation Measures HM -3 and HM -4, the
project sponsor shall prepare and implement a Health and Safety Plan (HASP)
and a Soil Management Plan (SMP). The HASP shall identify the measures
necessary to protect workers and to prevent their exposure to hazardous
contaminants that are present in the soils on the site. It shall be prepared in
consultation with the San Francisco Bay Area Consultation Service Office of the
California Department of Industrial Relations, Division of Occupation Safety and
Health (Cal /OSHA), and in accordance with all applicable State and federal
occupational safety and health standards, including Cal /OSHA's Hazardous
Waste Operations and Emergency Response Guidelines (CCR Title 8, Section
5192). The SMP shall address the proper handling and disposition of potentially
contaminated soils that may be encountered during excavation, and shall be
reviewed and approved by the Alameda Fire Department /CUPA and /or the
California Department of Toxic Substances Control (DTSC).
23. Mitigation Measure Water Quality -1: The project applicant shall prepare a C.3
Stormwater Control Plan to reference and incorporate current construction and
postconstruction requirements specified by SWRCB Order No. 2009 - 0009 -DWQ
and the post- construction requirements specified by NPDES Order No. R2 -2009-
0074 and the Clean Water Program Alameda County (CWPAC). The C.3
Stormwater Control Plan shall be developed in accordance with the provisions of
CWPAC's C.3 Stormwater Technical Guidance manual (Version 3.0, December
11, 2011). Additionally, as required by the C.3 Provisions, building permit
applications must be accompanied by a Stormwater Control Plan, for review and
approval by the City Engineer, which specifies the treatment measures and
appropriate source control and site design features that will be incorporated into
project design and construction to reduce the pollutant load in stormwater
discharges and manage runoff flows.
24. Mitigation Measure Water Quality -2: The project sponsor shall obtain National
Pollutant Discharge Elimination System (NPDES) construction coverage as
required by Construction General Permit (CGP) No. CAS000002, as modified by
State Water Resources Control Board (SWRCB) Order No. 2009 - 0009 -DWQ.
Pursuant to the Order, the project applicant shall electronically file the Permit
Registration Documents (PRDs), which include a Notice of Intent (NOI), a risk
assessment, site map, signed certification, Stormwater Pollution Prevention Plan
(SWPPP), and other site - specific PRDs that may be required. At a minimum the
SWPPP shall incorporate the standards provided in the Association of Bay Area
Governments' Manual of Standards for Erosion and Sedimentation Control
Measures (2005), the California Stormwater Quality Association's California
Stormwater Best Management Practices Handbook (2009), the prescriptive
standards included in the CGP, or as required by the Clean Water Program
Alameda County, whichever are applicable and more stringent. Implementation
of the plan will help stabilize graded areas and reduce erosion and
sedimentation. The plan shall identify Best Management Practices (BMPs) that
shall be adhered to during construction activities. Erosion - minimizing efforts such
as hay bales, water bars, covers, sediment fences, sensitive area access
restrictions (for example, flagging), vehicle mats in wet areas, and
retention /settlement ponds shall be installed before extensive clearing and
grading begins. Mulching, seeding, or other suitable stabilization measures shall
be used to protect exposed areas during construction activities.
25. Mitigation Measure Water Quality -3: All cut - and -fill slopes shall be stabilized as
soon as possible after completion of grading. No site grading shall occur
between October 15th and April 15th unless approved erosion control measures
are in place.
26. Mitigation Measure Noise -1: The project sponsor shall provide a suitable form of
forced -air mechanical ventilation, as determined by the local building official, for
units throughout the site, so that windows can be kept closed at the occupants'
discretion to control interior noise and achieve the interior noise standards. The
mechanical ventilation system should function at a level that minimizes
conversion of forced -air mechanical ventilation system to air conditioning, in
compliance with the City of Alameda's Climate Action Plan.
27. Mitigation Measures Noise -2: The City of Alameda shall confirm the final
specifications for noise insulation during final design of the project. In addition to
sound -rated windows and doors, other treatments may include, but are not
limited to: sound -rated exterior wall construction methods, acoustical caulking,
insulation, acoustical vents, etc. Large windows and doors should be oriented
away from noise sources where possible.
28. Mitigation Measure Noise -3: Pursuant to the Municipal Code, noise - generating
construction activities shall be limited 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 Saturdays. Construction
shall be prohibited on Sundays and holidays.
29. Mitigation Measure Noise -4: The project sponsor shall require the construction
contractor to equip all construction equipment driven by internal combustion
engines with intake and exhaust mufflers which are in good condition,
appropriate for the equipment, and no less effective than those originally
installed by the manufacturer. The manufacturers' noise abatement features,
such as mufflers, engine covers, and engine vibration isolators, shall be intact
and operational. All construction equipment shall be inspected weekly to ensure
proper maintenance and presence of noise control devices (e.g., mufflers and
shrouding, etc.). Unnecessary idling of internal combustion engines shall be
strictly prohibited.
30. Mitigation Measure Noise -5: Wherever possible, hydraulic tools shall be used
instead of pneumatic impact tools. "Quiet" air compressors and other stationary
noise sources shall be utilized when appropriate technology is available.
Construction staging areas, maintenance yards, air compressors, portable power
generators, and other construction - oriented operations shall be located as far as
reasonably possible from noise - sensitive receptors. Temporary noise barriers
shall be constructed to screen stationary noisegenerating equipment when
located near adjoining sensitive land uses. Noise from construction workers'
radios shall be limited such that the radios are not audible at existing residences
bordering the project site.
31. Mitigation Measure Noise -6: The construction contractor shall prepare and
submit to the City for approval a detailed construction plan identifying the
schedule for major noise - generating construction activities. The plan shall
designate a "disturbance coordinator" who will be responsible for responding to
any local complaints about construction noise. The disturbance coordinator shall
determine the cause of any noise complaints (e.g., starting too early, bad
muffler, etc.) and shall require that reasonable measures warranted to correct
the problem be implemented. The contractor shall conspicuously post a
telephone number for the disturbance coordinator at the construction site and
include the notice sent to neighbors regarding the construction schedule.
32. Mitigation Measure Transportation /Traffic -1: The assumed Stop sign on
westbound Clement Avenue at the intersection with Entrance Road shall be
relocated to the northbound Entrance Road approach to the intersection. In
addition, a new Stop sign shall be installed at the southern end of the Fortman
Marina /Alameda Yacht Club driveway where it would join with the Clement
Avenue extension to control traffic exiting from the driveway. The project sponsor
does not control these private properties (Entrance Road is privately owned).
Implementation of this mitigation measure will therefore require the City of
Alameda to enter into agreements with the owners of the involved properties.
General Conditions for Final Map
33.AII maps filed pursuant to this approval shall be in substantial compliance with
the map titled, "Tentative Map Tract 8118" prepared by Ruggeri- Jensen -Azar
dated October 10, 2012, consisting of 6 pages, marked Exhibit A, and on file in
the office of the Alameda Community Development Department. There shall be
a minimum of 89 dwelling units developed for the entire site with a minimum of
37 multi - family units developed on lot 53.
34. The Final Map shall be in substantial compliance with the Tentative Map and
shall incorporate the Alameda Datum.
35. 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.
36. The applicant shall defend (with counsel reasonably acceptable to the City),
indemnify, and hold harmless the City of Alameda, 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, the 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.
37. 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.
38. To guarantee completion of the required on -site and off -site improvements, the
applicant /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 and parcel /final map.
39. If the development is phased, the applicant/developer shall provide access for
emergency vehicles, collection vehicles and resident circulation within each
phase.
40. The applicant /developer shall provide written confirmation from all beneficiaries
of an easement that is proposed to be abandoned stating their consent to the
abandonment as required by the City Attorney. The confirmations shall be
submitted for approval to the Public Works Director prior to approval of the
improvement plans or parcel /final map, whichever comes first.
41. The applicant /developer shall pay all Public Works fees provided for in the
Alameda Municipal Code.
42. The applicant shall remove any abandoned railroad tracks from publicly traveled
roadways and sidewalks.
43. 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.
a. New street names are required to be approved by the Planning Board.
Prior to the recordation of the Final Map, street names shall be shown on
the Final Map.
44. 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.
Civil and Infrastructure: Project Specific Conditions
45. Prior to approval of the Final Map, or issuance of any building permit, the
applicant /developer shall establish a funding mechanism acceptable to the
Public Works Director, such as a community facilities district (CFD), to
provide funding for the pro -rated share of maintenance of public
improvements, including public utilities and landscaping within the right -of-
way, the bulk head, and the waterfront park. The applicant /developer shall
also establish a Homeowners Association to provide funding for maintenance
of private improvements including private streets and alleys, TSM /TDM,
landscaping in common areas, all (public and private) biotreatment areas, and
retaining walls. Site improvements and demolition may commence prior to
approval of the funding mechanism.
46. The common area for the multi - family units shall be owned and maintained by
the HOA.
47. The applicant /developer shall reconstruct frontage improvements up to the
centerline along Buena Vista Avenue. Along the north side of Buena Vista
Avenue, the applicant/developer shall install underground conduit that could
accommodate the future installation of underground facilities such as traffic
signal interconnect lines along Buena Vista Avenue.
48. The applicant /developer shall grade streets and lots to provide drainage and
maintain access to existing Arbor Street pump station. Applicant /developer shall
provide a 12 -foot wide driveway, turn around space, and gate access
improvements, as well as necessary easements, to allow for public access to the
east side for the Arbor Street pump station for maintenance activities.
49. The applicant /developer shall make a non - revocable offer of dedication to the
City of Alameda for that portion of parcel B that will become a part of the
future Entrance Road right -of -way and record said offer with the Final Map.
50. The applicant /developer shall grant the City of Alameda a Pedestrian Access
Easement (PAE) over that portion of parcel B that will become a part of the
future Entrance Road right -of -way.
51. The applicant /developer shall clearly delineate the private streets on the final
map and the improvement plans.
52. The applicant /developer shall design the private utility systems to be separate
from the public utility systems so that there is a clear point of connection
between the two systems. The utility system design shall be reviewed and
approved by the Public Works Director prior to approval of the improvements
plans, parcel /final map(s), or grading permit, whichever comes first.
53. The applicant /developer shall provide utility access easements across all
areas where public utilities cross private property. Public utilities must be
accessible to City maintenance vehicles.
54. The applicant /developer shall grant the City of Alameda an Emergency
Vehicle Access (EVA) easement wherever the Fire Rescue Vehicle access
route crosses over private property. All streets and sidewalks within the
access route shall be designed to support Fire Rescue Vehicle loads and
accommodate truck turning radii.
55. The applicant /developer shall grant to the City an ingress /egress easement
for the purpose of waste collection wherever the collection vehicle access
route crosses over private property. Collection vehicle access shall not be
restricted by bollards or gates. All streets and sidewalks within the access
route shall be designed to support collection vehicle loads and accommodate
truck turning radii, truck grabber arm clearance, and curbside cart placement.
56. Street trees shall be planted along Clement Avenue, Buena Vista Avenue, Arbor
Street, Stanton Street and Street "A" pursuant to the Master Street Tree
Program.
57. All lots shall drain independently.
58. No structures shall be placed over existing or proposed easements.
Civil and Infrastructure: Standard Conditions
59. 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, 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 improvement plans or parcel /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.
60. 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. In addition, the
following is required as part of the Final Map approval.
a) The subdivider shall post a refundable cashier's check in the amount of
$400 to guarantee a mylar copy of the recorded Final Map.
a) The subdivider shall pay for all reasonable office and engineering costs
expended by the City Engineer's office, including overhead, in
conjunction with reviewing the Parcel Map, improvement plans,
easements, and in obtaining the map signature of the City's consulting
surveyor.
b) The subdivider shall provide five copies of the permit approved site /off-
site civil improvement plans, landscape plans, and specifications along
with a velum or other reproducible set (plans only), and a CD or DVD
digital copy acceptable to the City Engineer.
61. The landscape and irrigation plans for improvements in the public right of way
shall be prepared, and signed and stamped as approved, by a licensed
landscape architect. The plans shall be in accordance with the most recent
version of the "Bay- Friendly Landscape Guidelines" developed by
StopWaste.Org and the Bay Friendly Coalition, the Master Street Tree Plan, the
AMC, conditions of approval by the Planning Board, and other regional
jurisdictions requirements, as applicable.
a) Projects required to meet the Bay - Friendly Landscape (BFL) requirements
shall:
• have plans prepared by a qualified BFL design professional;
• earn, at a minimum, a total of 60 points on the StopWaste.Org "Bay -
Friendly Scorecard for Commercial & Civic Landscapes" (Scorecard), as
determined by a qualified BFL Rater;
• complete the nine required practices identified on the Scorecard related
to mulch, compost, diversion of construction and demolition waste,
selection of planting materials, and the design and installation of
irrigation systems, as determined by a qualified BFL Rater;
• acquire the services of an approved BFL Rater to assist the landscape
project design and construction team with gaining BFL qualification,
consistent with the BFL qualification requirements of the Bay Friendly
Coalition
• pay the required BFL application and final submittal fees via the BFL
Rater to the Bay Friendly Coalition
• submit to the City written certification from the Bay Friendly Coalition
that the design and construction of the landscaping and irrigation meets
the most recent version of the "Bay- Friendly Landscape Guidelines"
developed by StopWaste.Org and The Bay Friendly Coalition. This
certification is required prior to acceptance of the work or issuance of
any occupancy permit, including a temporary occupancy permit,
whichever comes first,
b) In addition, the final landscape plans shall 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. Also, 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
capacity 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.
62. The landscape and irrigation plans for on -site improvements shall be prepared,
and signed and stamped as approved, by a licensed landscape architect. The
plans shall be in accordance with the most recent version of the "Bay- Friendly
Landscape Guidelines" developed by StopWaste.Org, and the Bay Friendly
Coalition, the AMC, conditions of approval by the Planning Board, and other
regional jurisdictions requirements, as applicable.
a) Projects required to meet the Bay - Friendly Landscape (BFL) requirements
shall:
• have plans prepared by a qualified BFL design professional;
• earn, at a minimum, a total of 60 points on the StopWaste.Org "Bay -
Friendly Scorecard for Commercial & Civic Landscapes" (Scorecard), as
determined by a qualified BFL Rater;
• complete the nine required practices identified on the Scorecard related
to mulch, compost, diversion of construction and demolition waste,
selection of planting materials, and the design and installation of
irrigation systems, as determined by a qualified BFL Rater;
• acquire the services of an approved BFL Rater to assist the landscape
project design and construction team with gaining BFL qualification,
consistent with the BFL qualification requirements of the Bay Friendly
Coalition
• pay the required BFL application and final submittal fees via the BFL
Rater to the Bay Friendly Coalition
• submit to the City written certification from the Bay Friendly Coalition
that the design and construction of the landscaping and irrigation meets
the most recent version of the "Bay- Friendly Landscape Guidelines"
developed by StopWaste.Org and The Bay Friendly Coalition. This
certification is required prior to acceptance of the work or issuance of
any occupancy permit, including a temporary occupancy permit,
whichever comes first,
b) In addition, the final landscape plans shall 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. Also, 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
capacity 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.
63. Any proposed improvements within the floodplain area shall be prepared, signed,
and stamped as approved by a registered civil engineer licensed in the State of
California and meet the requirements of the AMC. The applicant /developer shall
include the recommended improvements into the project's improvements plans
prior to approval of the improvement plan and parcel /final map.
64. Projects within the BCDC jurisdiction will be required to meet applicable Sea
Level Rise conditions and coordinate all BCDC approvals.
65.A sanitary sewage flow analysis, acceptable to the Public Works Director,
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 prior
to Final Map. 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 improvements plans
prior to approval of the improvement plan or parcel /final map, whichever comes
first.
66. A sanitary sewage treatment capacity analysis for wet weather flows, acceptable
to the Public Works Director, 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. The applicant /developer will include the recommended
improvements into the project's improvements plans prior to approval of the
improvement plan or parcel /final map, whichever comes first.
67.A storm drainage hydrology analysis, acceptable to the Public Works Director,
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 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 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 applicant /developer will pay for the cost of the modeling study. The
applicant /developer will include the recommended improvements into the
project's improvements plans prior to approval of the improvement plan or
parcel /final map, whichever comes first.
68. For all subdivisions and parcel maps, the applicant/developer shall submit a soils
investigation and geotechnical report, acceptable to the Public Works Director, 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 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, 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. The applicant /developer will include the
engineer's recommended improvements into the projects improvement plans
prior to approval of the improvement plan or parcel /final map, whichever comes
first.
69. All required public frontage and street improvements shall be designed, built, and
dedicated to the City in accordance with City ordinances and Public Works
Department standards.
70. All new utilities shall be placed underground prior to issuance of any occupancy
permit, including a temporary occupancy permit. In addition, when approval of a
tentative subdivision /parcel map is required, all existing utilities within and along
the project shall be placed underground in accordance with the AMC, prior to
acceptance of the project.
71. 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 a one and a half (11/2) inch asphalt concrete
overlay, 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.
72. Retaining walls adjacent to a property line shall not exceed one foot in height
and may be masonry, metal, or concrete. Wood retaining walls shall not be
installed adjacent to property lines. 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 approval of the improvement plan or
parcel /final map, whichever comes first.
73. Installation of new street paving that abuts existing pavement 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
prior to approval of the improvement plans or parcel /final map, whichever comes
first.
74. 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.
75.AII project related grading, trenching, backfilling, and compaction shall be
conducted in accordance with City of Alameda Standards and Specifications.
76. Hydroseeding of all disturbed areas shall be completed by October 1.
Applicant /developer shall provide sufficient maintenance and irrigation to ensure
growth is established by November 1.
77. 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.
78. 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.
79. New street trees shall maintain clearances from utilities as follows: 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).
80. 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.
81. 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 and Water: Project Specific Conditions
82. The applicant /developer shall relocate all existing private water service lines and
meters serving Alameda Liquid Bulk Terminal Inc. and Fortman Basin that are
currently located within the project boundaries. The relocation must be
coordinated with Alameda Liquid Bulk Terminal Inc., Fortman Basin and
EBMUD. The new lines and meters must meet all applicable EBMUD
requirements and approvals.
83. The applicant /developer shall coordinate water service for the proposed
development with EBMUD and shall acquire all necessary EBMUD approvals.
The applicant /developer shall contact EBMUD's New Business Office and
request a water service estimate prior to approval of improvement plans. The
following EBMUD conditions may apply:
a. EBMUD will not inspect, install or maintain pipeline in contaminated soil or
groundwater that must be handled as hazardous waste or that may pose a
health and safety risk to construction or maintenance personnel wearing
Level D personal protective equipment. Nor will EBMUD install piping in
areas where groundwater contaminant concentrations exceed specified
limits for discharge to sanitary sewer systems or sewage treatment plants.
Project sponsors for EBMUD services requiring excavation in
contaminated areas must submit copies of existing information regarding
soil and groundwater quality within or adjacent to the project boundary.
b. The applicant /developer shall provide a legally sufficient, complete and
specific written remedial plan establishing the methodology, planning and
design of all necessary systems for the removal, treatment, and disposal
of all identified contaminated soil and /or groundwater. EBMUD will not
design the installation of pipelines until such time as soil and groundwater
quality data and remediation plans are received and reviewed and will not
install pipelines until remediation has been carried out and documentation
of the effectiveness of the remediation has been received and reviewed. If
no soil or groundwater quality data exists or the information supplied by
the project sponsor is insufficient EBMUD may require the applicant to
perform sampling and analysis to characterize the soil being excavated
and groundwater that may be encountered during excavation or perform
such sampling and analysis itself at the project sponsor's expense.
84. The applicant /developer shall comply with the California Model Water Efficient
Landscape Ordinance (Division 2, Title 23, California Code of Regulations,
Chapter 2.7, Sections 490 through 495). Section 31 of EBMUD's Water Service
Regulations requires that water service shall not be furnished for new or
expanded service unless all the applicable water - efficiency measures described
in the regulation have been reviewed and approved by EBMUD.
Stormwater and Water: Standard Conditions
85. 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.
86. 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 and Low Impact Development (LID)
measures. Stormwater 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
Stormwater Management Agencies Association (BASMAA) Start at the Source
Manual for technical guidance.
87. The applicant /developer must provide documentation, consistent with the
ACCWP C3 Manual, Appendix J, and the "Infiltration /Harvesting and Use
Feasibility Screening Worksheet" and the "Infiltration Feasibility Worksheet" that
provides for the determination of the feasibility or infeasibility of infiltration of the
C3 regulated volumes or flows of stormwater for the site drainage management
areas. This shall be completed prior to any design considerations for the use of
landscaped, stormwater biotreatment areas. Driveways shall be constructed per
City Standards, including standard driveway spacing.
88. The applicant /developer must provide documentation, consistent with the
ACCWP C3 Manual, Appendix J, and the "Infiltration /Harvesting and Use
Feasibility Screening Worksheet" and the "Rainwater Harvesting and Use
Feasibility Worksheet ", that provides for the determination of the feasibility or
infeasibility of water capture and re -use of the C3 regulated volumes or flows
of stormwater for the drainage management areas. This shall be completed
prior to any design considerations for the use of landscaped, stormwater
biotreatment areas.
89. For any project that creates or replaces 10,000 square feet or more of
impervious surfaces, 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 stormwater 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 stormwater treatment measures prior to approval of the improvements
plans, parcel /final map, or grading permit, whichever comes first.
90. For any project that creates or replaces 10,000 square feet or more of
impervious surfaces, 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 prior to approval of
the improvements plans, parcel /final map(s), or grading permit, whichever comes
first.
91. For any project that creates or replaces 10,000 square feet or more of
impervious surfaces, 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, parcel /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 parcel /final map.
92. For any project that creates or replaces 10,000 square feet or more of
impervious surfaces, 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, prior to the
issuance of any occupancy permit, including a temporary occupancy permit.
93. 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, parcel /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.
94. Fire sprinkler system test water discharges shall be directed to onsite vegetated
areas.
95. 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 prior to approval of a
grading permit.
96. 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 with documentation of the submittal prior to approval
of a grading permit.
97. 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.
98. 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: Project Specific Conditions
99. The applicant/developer shall construct the proposed Clement Avenue Extension
and increase the right -of -way from 67 to 69 feet in order to accommodate two
11.5 -foot wide travel lanes, one 17 -foot wide alternative vehicle corridor on the
north side of the road (presently this area would contain a multi - purposed path
and landscaping), one 7 -foot wide parking lane on the south side of the street,
one five foot and one seven foot wide bicycle lane, one 5 -foot wide sidewalk and
one 5 -foot wide landscape strip.
100. The applicant /developer shall construct Entrance Road to the centerline to
provide a curb to curb width of 36 feet and a right -of -way width of 56 feet. The
applicant shall make an offer to the property owner of Entrance Road to improve
Entrance Road to the centerline, and provide proof of such offer. If the property
owner is agreeable to said improvements, the improvements shall be completed
prior to issuance of the first certificate of occupancy for the development. If the
property owner is not agreeable to said improvements, the applicant shall
provide the funds in escrow, under the control of the City of Alameda, in an
amount equal to an estimate of the improvements. The funds shall be placed in
escrow prior to issuance of the first certificate of occupancy for the development.
101. The applicant/developer shall designate Buena Vista Avenue for No Parking"
along the north side. The striping plan for Buena Vista Avenue shall include
installation of a two way left turn lane along the development frontage.
102. Prior to issuance of any building permits or approval of the Final Map, whichever
occurs first, the applicant/developer shall pay a pro -rata share towards the
design and construction of traffic signals at the intersections of Sherman Street
and Clement Avenue, Entrance Road and Clement Avenue, and Entrance Road
and Buena Vista Avenue.
103. The applicant /developer shall install a bulb out for enhanced pedestrian crossing
at the intersection of Stanton and Clement.
104. Crosswalk locations at Stanton /Clement and Stanton /Buena Vista shall include
bulb outs, enhanced signage and striping, and provide empty conduit across the
street to allow for future installation of enhanced pedestrian warning devices, if
determined to be needed at a later date.
105. The applicant /developer shall install stop controlled signage and striping at the
intersections of Clement Avenue and Entrance Road and Buena Vista Avenue
and Entrance Road to the satisfaction of the Public Works Director. The
proposed stop controlled signage and striping shall be shown on the traffic
striping and signage plan.
106. 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 prior to approval of the improvements
plans or parcel /final map, whichever comes first.
107. The applicant /developer shall provide a minimum of 5 bicycle parking facility
locations to be determined by the Public Works Director.
108. The applicant /developer shall submit a Traffic Capacity Management Procedure
(TCMP) analysis for the Webster /Posey Tubes to the Public Works Director prior
to approval of the improvement plans or parcel /final map, whichever comes first.
Traffic and Transportation: Standard Conditions
109. 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. 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. Constructed work may not commence until the
TCP is approved by the Public Works Director.
110. 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.
Environmental: Standard Conditions
111. 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, parcel /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 prior to establishment of the use. These facilities are to be designed to
prevent water run -onto 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.
112. All projects which the City reasonably determines will cost one hundred thousand
dollars ($100,000) or greater to construct will be required to submit a Waste
Management Plan (WMP) approved by the Public Works Director in accordance
with AMC Section 21 -24.
113. During the construction /demolition /renovation period of the project,
applicant /developer must obtain the necessary hauling permit, use a City
certified waste hauler, or use the City of Alameda's franchised waste hauler,
Alameda County Industries (ACI), in accordance with AMC Section 21 -21, to
remove all wastes generated during the project development.
114. 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. In all
cases where a parcel is served by an alley, all exterior storage areas shall be
directly accessible to the alley.
115. The storage area(s) and the individual bins and containers provided within shall
be adequate in capacity, number and distribution to serve the anticipated
demand as determined by the Public Works Director.
116. 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.
Other
117. Prior to the recordation of the Final Map, the subdivider shall submit engineered
Improvement Plans including, but not limited to, the proposed roadways,
drainage improvements, utilities, traffic control devices, retaining and /or sound
walls, sanitary sewers and storm drains, common area landscaping and other
subdivision improvements, the design of street furniture including, but not limited
to ganged mailboxes and light fixtures, consistent with the requirements and to
the satisfaction of the Community Development Director and the Public Works
Director.
118. Private street entrances to the subdivision shall be identified by a different
pavement material designed to the satisfaction of the Community Development
Director and the Public Works Director.
119. Any existing, historic street lights located along Buena Vista Avenue shall be
protected and preserved. To the extent that historic street lights must be moved
to accommodate proposed access, the subdivider shall salvage the light fixtures
and reinstall them in locations acceptable to AMP's Engineering Manager.
Additionally, electric service to existing streetlights along the north side of Buena
Vista, adjacent to the project, shall be undergrounded.
120. Street and walkway tree plantings shall be coordinated with Exhibit "A" of the
PD -99 -1 for Marina Cove I. A detailed tree planting and landscaping plan shall
be required for all street areas, common areas and along Buena Vista Avenue
adjacent to the site. These plans shall be prepared to the satisfaction of the
Public Works Director and the Community Development Director, and shall be
submitted in conjunction with the Improvement Plan.
121. The planter strips at the project entries shall include one 24" box street tree per
30 linear feet of street length along roads dedicated to public access, and will
include shrubs, vines, ground cover and flowering plant materials.
122. A minimum of four 24" box trees shall be installed at the ends of each court
abutting a public road.
123. Trees selected for planting along the private "lanes" and "courtyards" shall be of
an appropriate size and shape to allow at least 14 -15 feet of overhead clearance
for solid waste collection trucks and other vehicles. Trees must not be planted
so close to the edge of "lanes: that a truck turning around them without impact
would have difficulty.
124. Deep root barriers shall be required for all trees planted adjacent to curbs,
sidewalks and other pavements, to the satisfaction of the Public Works Director.
125. All fencing barriers and header boards shall be installed to the satisfaction of the
Public Works Director.
Alameda Municipal Power
126. Pedestrian and vehicular lighting at all intersections and project driveways shall
meet AMP standards for crosswalks, sidewalks, and intersections.
127. To provide electric service to the proposed development, primary line extensions
will be required. Per AMP's Rules and Regulations, the owner /developer shall
be responsible for 60% of the installed costs of the required primary trunk cables
and padmounted switches. The subdivider's electrical consultant shall
coordinate with AMP regarding power requirements.
128. The subdivider shall provide all necessary underground substructures, including
conduits, pull boxes, transformer pads, etc. per 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.
129. The subdivider shall be responsible for the cost of AMP's assigned inspector
during construction.
130. The subdivider shall furnish and install Code -sized service cables in code -sized
conduit from each house to the nearest secondary pullbox. AMP will connect the
serviced to the secondary distribution system.
131. The subdivider shall furnish easements and access to all electrical utility facilities
that are in the private properties, at no charge to AMP.
132. The subdivider shall furnish and install service equipment for each house. The
service equipment shall meet Electric Utility Service Equipment Requirement
Committee standards.
133. AMP will take over ownership and will be responsible for maintaining all new
substructures for undergrounding primary and secondary circuits, and
distribution transformers once the improvements have been inspected and found
to have been properly installed. The subdivider or successor property owners
shall be responsible for the service cables and service equipment.
134. The subdivider shall be responsible for all expenses involved in the duct system
engineering design, plan check, and electrical construction inspection.
135. The subdivider shall submit two sets of approved drawings showing the required
electric utility facilities.
Fire Department
136. The subdivider shall be responsible for a water main extension to serve the
project, whose design shall be shown on the Improvement Plan to the
satisfaction of the East Bay Municipal Utilities District and the Public Works
Director. The subdivider may also be responsible for off -site improvements
related to fire flow requirements.
137. Prior to approval of the Improvement Plans, the subdivider shall submit revised
plans, for review and approval by the Public Works Director in consultation with
the Fire Chief, that:
a. Provide fire hydrants space at 500 foot intervals throughout the project. For
dead -end streets, distance to the nearest hydrant shall not exceed 400 feet;
b. Ensure fire flow for the development shall be 1,000 G.P.M. from any one
hydrant;
c. Provide adequate turn around space or acceptable emergency vehicle
through access for any street greater than 150 feet in length; and
d. Ensure that all roads have an adequate turning radii for fire apparatus
(inside turning radius of 34 feet and outside turning radius of 49 feet); and
e. Minimum fire lane width shall be 20 feet.
138. All private streets and courts within the development shall be marked as fire
access roads to the satisfaction of the Fire Chief. No on- street parking shall be
permitted within private streets and courts.
139. The applicant /developer shall provide a 20 -foot Emergency Vehicle Access
(EVA) Easement along future Entrance Road to allow fire rescue vehicles front
door access to all lots fronting future Entrance Road. The applicant /developer
shall make an offer to the property owner of Entrance Road to acquire an EVA
easement, and provide proof of such offer. If the property owner is agreeable to
said easement, the easement shall be dedicated to the City of Alameda prior to
or concurrent with the approval of the final map.
140. The lot numbers on the Final Map shall generally correspond to the lot
numbering on the approved Tentative Map.
141. Prior to the recordation of the Final Map, all applicable conditions of approval of
Planned Development PD -12 -0226, pertaining to subdivision improvements shall
be satisfied. The subdivision shall be constructed to comply with PD -12 -0226.
142. The subdivider shall record the Final map within twenty -four (24) months of
approval, or conditional approval, the Tentative Map by the City Council. An
extension of time, not to exceed and additional twelve (12) months, for the filing
of the Final Map may be granted by the City Council providing written application
is made by the subdivider prior to the expiration of the approved or conditionally
approved Tentative Map.
143. Provide a traffic signing and striping plan to indicate the location of all stop signs
and other traffic control devices. Stop signs will be required at all public and
private street intersections with Buena Vista Avenue, Clement Avenue, Arbor
Street, Stanton Street, Street "A" and Entrance Road, and will be required at
each private roadway entrance onto a public street.
144. Revise the Tentative Map to eliminate the dashed lines for private roads shown
on Lot 53.
NOTICE. The time limit within which to commence any lawsuit or legal
challenge to any quasi- adjudicative decision made by the City of Alameda is
governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter
limitation period is specified by any other provision, including without limitation
Government Code section 65009 applicable to many land use and zoning decisions,
Government Code section 66499.37 applicable to the Subdivision Map Act, and
Public Resources Code section 21167 applicable to the California Environmental
Quality Act (CEQA). Under Section 1094.6, any lawsuit or legal challenge to any
quasi- adjudicative decision made by the City must be filed no later than the 90th day
following the date on which such decision becomes final. Any lawsuit or legal
challenge, which is not filed within that 90 -day period, will be barred. Government
Code section 65009 and 66499.37, and Public Resources Code section 21167,
impose shorter limitations periods and requirements, including timely service in
addition to filing. If a person wishes to challenge the above actions in court, they
may be limited to raising only those issues they or someone else raised at the
meeting described in this notice, or in written correspondence delivered to the City of
Alameda, at or prior to the meeting. In addition, judicial challenge may be limited or
barred where the interested party has not sought and exhausted all available
administrative remedies.
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 2nd day of January, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Tam and
Mayor Gilmore — 4.
NOES: None.
ABSENT: Vice Mayor Ezzy Ashcraft - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
seal of said City this 3rd day of January 2013.
Lara Weisiger, City Cler
City of Alameda