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Resolution 14158CITY OF ALAMEDA RESOLUTION NO. 14158 UPHOLDING THE PLANNING BOARD APPROVAL OF DESIGN REVIEW, DP07 -0003 AT TRACT 7884 (RETAIL CENTER) WHEREAS, an application was made on May 10, 2007, by Catellus Development Group, a ProLogis Company, for a Development Plan and Design Review to construct a retail center with 250,000 square feet of retail space, 8,000 square feet of office space and associated parking, landscape and pedestrian improvements on an approximately 23.3 acre site; and WHEREAS, the subject property is designated Specified Mixed Use on the General Plan Diagram; and WHEREAS, the subject property is located in a MX (Mixed Use - Planned Development) Zoning District; and WHEREAS, on December 5, 2006, the City certified the Final Environmental Impact Report for the Alameda Landing Mixed Use Development Project (a Supplement to the 2000 Final Environmental Impact Report for the Catellus Mixed Use Development Project), and adopted the Mitigation Monitoring and Reporting Program; and WHEREAS, the proposed project will be consistent with the Bayport- Alameda Landing Project Master Plan (the "Master Plan ") as approved by the City Council on January 2, 2007; and WHEREAS, the Planning Board adopted the Transportation Demand Management Program and Development Plan for Fifth Street and Mitchell Mosley Avenue on May 14, 2007; and WHEREAS, the Planning Board adopted the Alameda Landing Site -Wide Master Landscape Development Plan Amendment, Waterfront Promenade Development Plan, and the Clif Bar & Co. Headquarters Development Plan and Design Review on May 29, 2007; and WHEREAS, the Planning Board approved the Development Plan portion of the Alameda Landing retail center application on June 25, 2007, and directed the applicant to return at a future date for consideration _of the design review portion of the application; and WHEREAS, the Planning Board approved the landscape and site improvements for Fifth Street and Mitchell Avenue Extensions on July 23, 2007; and WHEREAS, on September 24, 2007, the Planning Board held a public hearing on the design review portion of the Retail Center application, examined pertinent maps, drawings, and documents; and made the necessary findings pursuant to AMC Section 30 -37.5 to approve Design Review DP07 -0003; and WHEREAS, Planning Board approved Design Review DP07 -0003, subject certain conditions of approval, which supplement the conditions imposed on the Retail Center Development Plan by Planning Board Resolution 07 -25 approved on June 25, 2007; and WHEREAS, the applicant, Catellus Development Group, a ProLogis Company, appealed certain conditions imposed by the Planning Board on the approval of the Retail Center Design Review; and WHEREAS, on November 6, 2007, the City Council held a public hearing on the appeal of the design review portion of the Retail Center application and has examined pertinent maps, drawings, and documents; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Alameda hereby upholds the Planning Board approval of retail center design review application and condition of approval with the following two modifications: 1. Planning Board Resolution Condition of Approval #3 shall be modified as follows: Where there are substantially similar requirements or inconsistencies contained in the conditions of this approval on the one hand, and the Development Agreement (Alameda Landing Commercial Project), Disposition and Development Agreement (Alameda Landing Mixed Use Project), Master Grading, Demolition, and Infrastructure Plan (MGDIP) and /or the Mitigation and Monitoring Reporting Program on the other hand, the provisions of the Development Agreement (Alameda Landing Commercial Project), Disposition and Development Agreement (Alameda Landing Mixed Use Project), MGDIP and /or the Mitigation and Monitoring Reporting Program, as applicable shall govern. 2. Planning Board Resolution Condition of Approval #6 shall be amended as follows: The southern driveway into the center from Willie Stargell Avenue shall be signed a "right in -right out". If at a future date Willie Stargell Avenue is widened beyond the 2010 configuration and it is determined by the Public Works Director based upon vehicle queues, delays, or collision rates that the driveway must be reconfigured or modified to maintain traffic safety, then the property owners shall be required to modify the driveway to address the traffic safety concern. Potential solutions may include but are not limited to providing a right turn lane into the driveway for westbound traffic that could accommodate the turning traffic demand, closing the driveway, or a traffic signal. The proposed modification shall be subject to review and approval by the Planning Board at a noticed public hearing based upon a recommendation by the Planning and Building Director and the Public Works Director. Catellus, or its successor in interest "the property owner" shall be responsible for funding the design and construction of the approved modification provided that if the approved modification proves to be infeasible or unacceptable to the property owner for financial, operational or other reasons, then the property owner may remove the traffic safety concern by closing the driveway at their expense, in which case the access required by Condition 5 shall no longer be required. This condition shall be noted on the tentative and final maps for the Retail Center property. Not withstanding the above, if a right turn lane is provided as part of the Stargell Extension Project, this condition shall no longer be in effect. NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of Alameda remands consideration of the site plan back to the Planning Board with direction to review and reconsider Planning Board Resolution Condition of Approval #4 with the new information and alternative site plans submitted by the applicant for City Council consideration on November 6, 2007. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 6th day of November 2007, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 7th day of November, 2007. Lara Weisiger, CityQerk City of Alameda