Resolution 12285CITY OF ALAMEDA RESOLUTION NO. 12285
APPROVING THE REVISED NEGATIVE DECLARATION, IS-92-4
FOR THE AMENDMENTS TO THE GENERAL PLAN, GPA-92-2
AND THE MARINA VILLAGE MASTER PLAN, MPA-92-1
WHEREAS, pursuant to the California Environmental Quality Act,
a Negative Declaration and a Revised Negative Declaration (IS-92-
4) have been prepared for the Amendments to the General Plan, GPA-
92-2, which would permit a change in the land use designation on
the General Plan Diagram from "Medium Density Residential" to
"Business Park" for an approximately 2.5 acre portion of the area
identified as Parcel B on the Marina Village Property, and the
Marina Village Master Plan, MPA-92-1 which would permit 72
residential units instead of 156 units and permit an additional
64,000 square feet of office use, for a total of 180,000 square
feet of office use on Parcels B and C of the Marina Village
Property, Alameda Real Estate Investments, applicant; and
WHEREAS, the Negative Declaration was circulated for a 30-day
period ending on June 8, 1992, in accordance with the Guidelines
for the Implementation of the California Environmental Quality Act
and the City of Alameda Guidelines for Environmental Review;
WHEREAS, the Revised Negative Declaration was circulated for
a 30-day period ending on July 7, 1992, in accordance with the
Suidelines for the Implementation of the California Environmental
Quality Act and the City of Alameda Guidelines for Environmental
Review; and
WHEREAS, written comments were received from PG&E, the Alameda
Unified School District, the Port of Oakland, BCDC and AC Transit
District, and are hereby incorporated by reference, and;
WHEREAS, the written comments have been responded to in the
Response to Comments prepared by staff and submitted to Council for
the July 7, 1992 hearing; and
WHEREAS, the Planning Board held a public hearing on Negative
Declaration/Initial Study, IS-92-4 on June 8, 1992, and examined
pertinent maps, drawings, staff report dated June 8, 1992 and the
revisions to the Initial Study as outlined in the Addendum to the
Staff Report dated June 8, 1992, and other related documents; and
WHEREAS, after holding a public hearing for the Negative
Declaration, the Planning Board of the City of Alameda on June 8,
1992 unanimously recommended to Council adoption of Negative
Declaration, IS-92-6 (Planning Board Resolution No. 2320); and
WHEREAS, on July 7, 1992, after notice duly given, the Council
considered said Revised Initial Study/Negative Declaration (IS-92-
4), conducted a public hearing thereon, examined pertinent maps,
1
4), conducted a public hearing thereon, examined pertinent maps,
drawings, documents, and the Council Staff Report, and therefore
determined that it should be approved, based on the following
findings;
1. The project, General Plan Amendment GPA -92 -2, and Marina
Village Master Plan Amendment, MPA -92 -1, with the
inclusion of the mitigation measures as set forth in
Attachment "A ", does not have the potential to degrade
the quality of environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self sustaining levels,
threaten to eliminate a plant or animal community, reduce
the number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of the
major periods of California history or prehistory.,
2. The project, General Plan Amendment, GPA -92 -2, and Marina
Village Master Plan Amendment, MPA -92 -1, with the
inclusion of the mitigation measures as set forth in
Attachment "A ", does not have the potential to achieve
short -term, to the disadvantage of long -term,
environmental goals.
3. The project, General Plan Amendment GPA -92 -2, and Marina
Village Master Plan Amendment, MPA -92 -1, with the
inclusion of the mitigation measures as set forth in
Attachment "A ", would not have impacts which are
individually limited, but cumulatively considerable.
4. The project, General Plan Amendment GPA -92 -2 and Marina
Village Master Plan Amendment, MPA -92 -1, with the
inclusion of the mitigation measures as set forth in
Attachment "A ", would not have environmental effects
which will cause substantial adverse effects on human
beings, either directly or indirectly.
5. The project, General Plan Amendment GPA 92 -2 and Marina
Village Master Plan Amendment, MPA -92 -1, if approved with
the inclusion of the mitigation measures as set forth in
Attachment "A ", would not have a significant effect on
the environment and therefore does not require the
preparation of an EIR.
2
NOW, THEREFORE BE IT RESOLVED that the Council of the City of
Alameda hereby adopts the Revised Negative Declaration, IS -92 -4.
1.
ATTACHMENT A
MITIGATION MONITORING PROGRAM
GENERAL PLAN AMENDMENT GPA-92-2 AND
MARINA VILLAGE MASTER PLAN AMENDMENT MPA-92-1
A geotechnical analysis shall be provided to the
Engineering Department by the developer, prior the
issuance of any building permit or to review of the Final
Map for each building phase for the project. The
analysis shall demonstrate that proposed construction
design minimizes settlement due to consolidation of the
Bay Mud deposits under new building loads, and minimizes
the potential risk to persons and property at the site
from seismic induced liquefaction and groundshaking. The
geotechnical analysis shall also include measures to
mitigate any water quality impacts that could occur from
treatment of the piles. This could include construction
of barriers to isolate chemicals used to treat the wooden
piles, or other methods to prevent these chemicals from
mixing in the surrounding waters of the bay. These
mitigation measures shall be reviewed, prior to the
issuance of a building permit, by the Regional Water
Quality Control Board.
Monitoring. City Engineering Staff shall review the
Geotechnical Report, and plans prepared in conjunction
with the Geotechnical Report, to determine that the
design would adequately minimize the potential risk to
persons and property at the site from seismic induced
liquefaction and groundshaking. Prior to the issuance of
any building permits, City Engineering Staff shall also
review the plan for treatment of the piles to insure that
water quality impacts are avoided.
2. Due to the soil conditions, special design considerations
should be incorporated into the planning of pavement and
walkways. Service connections for utility lines in to
the pile supported structures should be flexible.
Monitoring. Prior to the issuance of building permits,
the applicant shall present improvement plans to the City
Staff for review, to insure compliance with this
mitigation measure. Upon completion of construction,
City staff shall inspect the improvements to determine
their compliance with the improvement plans.
3. During construction, all soil shall be kept within the
project site and shall not be eroded into the bay. An
erosion and sedimentation control plan shall be submitted
in conjunction with the building permits to insure
control of dust and sedimentation on the site during
construction and to restore all exposed soil areas
following construction. This plan shall also contain
provisions to minimize any potential adverse impacts that
could occur from the proposed chemical treatment of the
deteriorated piles. The erosion and sedimentation
control plan shall be submitted to the Regional Water
Quality Control Board for review and approval prior to
the issuance of building permits.
Monitoring. City staff shall review the erosion and
sedimentation control plan to insure control of dust and
sedimentation on the project site during construction and
to restore all exposed soil areas following construction.
The City Staff shall require the applicant to present
evidence of the Regional Water Quality Control Board
approval prior to the issuance of building permits.
4. The site shall be designed for Seismic Zone 4 of the
Uniform Building Code.
Monitoring. City staff shall review the Geotechnical
Report required in Mitigation Measure No. 1 as well as
all building plans for this site to insure that
improvements conform to this requirement.
5. The applicant shall adhere to the following practices in
order to minimize the release of dust and other
particulates during construction activities:
(i) Construction dust shall be controlled through
frequent watering and /or other dust control
measures. In warm, dry weather, this shall
mean twice daily or as needed. Reclaimed
water shall be used whenever practicable.
Soil which is transported in trucks shall be
covered to prevent dust from being released.
(ii) Construction equipment and schedules which
will minimize the generation of dust and
particulate emissions shall be used. Dust -
generating activities shall be suspended
whenever wind speed exceed 15 miles an hour.
(iii) Landscaping of the site shall be completed at
the earliest possible date to further control
dust.
Monitoring. The Central Permit Office shall require the
applicant to present a construction management plan, that
would insure compliance with this mitigation measure
during the construction period.
6. The City of Alameda has adopted a Transportation Systems
Management Program (TSM) designed to ensure that 35% of
2
jobholders at designated employment centers will not be
single-occupant vehicle (SOV) users. The applicant will
be required to comply with this.
Monitoring. Prior to the issuance of a building permit
for office development, the applicant shall submit a
written plan to the City Transportation Manager, for
review and approval, indicating their program and
proposed reporting to meet the TSM goals.
7. A drainage plan shall be submitted to and approved by the
Public Works Department prior to issuance of building and
related City permits for the project. Best management
practices shall be incorporated in to the design,
construction and operation of the parking lot to minimize
direct runoff into the bay.
Monitoring. The applicant shall submit a drainage plan
to the Public Works Department for review and approval,
prior to the issuance of any building permits.
8. Site landscaping shall utilize drought tolerant species,
and should not include any invasive, non-native plant
species. Plant materials shall include plants
appropriate to the shoreline environment.
Monitoring. The applicant shall submit a detailed
landscaping plan as part of the design review for
individual portions of the proposed development, that
shall comply with this mitigation measure. Approval of
the landscaping plans by Planning Staff will be required
prior to the issuance of building permits.
9. Prior to the issuance of any building permits, the
applicant shall submit a plan to show that construction
activities shall comply with applicable City of Alameda
Noise Ordinance standards. The plan should include the
following: limitations on hours of construction and
truck traffic to minimize disturbance to residential uses
early in the morning and event and at night, equipment to
be properly muffled and turned off when not in use.
Monitoring. The applicant shall submit a plan to the
Central Permit Office, to be reviewed by Planning Staff
that outlines compliance with the City of Alameda Noise
Ordinance. This plan shall be approved, prior to the
issuance of individual building permits.
10. Prior to issuance of building permits for the project,
the developer shall provide a detailed acoustical
analysis prepared by a licensed acoustical engineer, that
demonstrates project compliance with the Community Noise
standards of Zoning Ordinance Chapter 5, the General Plan
3
Noise Element, and the AICUZ Study Update. Where
conflicts exist between the applicable standards, the
more stringent shall apply.
Monitoring. The applicant shall submit an acoustical
analysis prior to the issuance of building permits to the
Central Permits Office that complies with this mitigation
measure. City staff shall review the analysis and
determine that it complies with the Community Noise
Standards of Zoning Chapter 5, the General Plan Noise
Element and the AICUZ Study.
11. Glare shall be minimized through the use of appropriate
lighting fixtures that are shielded or that direct
lighting downward and away from project boundaries.
Monitoring. Planning Staff shall review all building and
improvement plans to determine that the design of
lighting fixture complies with this mitigation measure,
prior to the issuance of building permits.
12. At the time of demolition, the applicant shall submit a
plan to manage construction traffic so that it would not
have a negative impact on traffic circulation.
Monitoring. Prior to the issuance of a demolition
permit, the applicant shall submit a plan to manage the
construction traffic, to the City Transportation Manager,
for review and approval.
13. The City shall be allowed to transfer an additional
$200,000, due to an increase in the cost of off-site
public improvements, (for a total of $400,000) from the
remaining available balance in the Marina Village
Assessment District #89-1 to complete the off-site
improvements for the Sherman Street/Alameda Beltline
Railway crossing and related street improvements. The
amount of the funds ($400,000 total) required under this
condition shall be adjusted by the Engineering News
Record Construction Cost Index for the San Francisco Bay
Area from September 30, 1992 to the date the funds are
made available to the City.
The transfer of these funds shall be permitted following
final approval by the City of the Marina Village Master
Plan Amendment 92-1, related Development Plans, Parcel
Maps (i.e. 6340 and 6343), and related dedications and
acceptances contemplated therein. Regardless of whether
all these actions have been completed, the City shall be
allowed the transfer of these funds as a condition of
issuing any building permit for development on Parcels B
and C pursuant to MPA 92-1, or as a condition of allowing
4
the recordation of a Final Map for the 72 residential
units on Parcel B.
The availability of the funds shall be provided for by an
amendment to the existing Amendment No. 2 dated February
21, 1989 to the City Cooperation Agreement. This
amendment to the Agreement shall be completed prior to
the provision of funding and to issuing any building
permits for development on Parcels B and C pursuant to
MPA 92-1, and prior to allowing the recordation of a
Final Map for the 72 residential units on Parcel B. The
intent of the amendment to the City Cooperation Agreement
is to document the requirements of this mitigation and
not to supersede any existing agreements between the City
and Alameda Real Estate Investments other than revision
of Amendment No. 2 to said Agreement.
The City acknowledges that the applicant has completed
all traffic improvements within the public rights-of-way
within or adjacent to the Marina Village project area
which have been required as conditions of previous Master
Plan and Development Plan approvals, other than the
transfer of funds required in this mitigation. No
further traffic improvements within such public rights-
of-way shall be required of the applicant, its successors
and assigns, or any other owner in Marina Village in
connection with any further development or building
permits or other entitlements required for buildout of
Marina Village in accordance with Marina Village Master
Plan including MPA 92-1.
In consideration of the transfer of the funds, and the
related improvements to Sherman Street, required by this
mitigation, approval of development of up to 100,000
square feet of office use of A.P. 74-906-50 (an
approximately 5.44 acre parcel located within the Marina
Village Assessment District and owned by Encinal Real
Estate) shall not require off-site traffic improvements
provided that:
a. all required development approvals are secured by
June 30, 1997,
b. no more than 100,000 sq. ft. of office use is
development on the site, and
c. access to A.P. 74-906-50 is exclusively taken from
the Atlantic/Sherman Streets rights-of-way.
Monitoring. The availability of the funds shall be
provided for by an amendment to the existing Amendment
No. 2 dated February 21, 1989 to the City Cooperation
Agreement. This amendment to the Agreement shall be
completed prior to the provision of funding and to
issuing any building permits for development on Parcels
B and C pursuant to MPA 92-1, and prior to allowing the
recordation of a Final Map for the 72 residential units
on Parcel B. The intent of the amendment to the City
Cooperation Agreement is to document the requirements of
this mitigation and not to supersede any existing
agreements between the City and Alameda Real Estate
Investments other than revision of Amendment No. 2 to
said Agreement.
14. The Developer shall participate in the City of Alameda
BART shuttle program prior to the issuance of any
building permits.
Monitoring. The applicant shall present proof to the
City Transportation Manger of participation in the City
of Alameda BART shuttle program prior to the issuance of
any building permits.
15. The Applicant shall design appropriate gas facilities to
accommodate the unique design of the project, acceptable
to PG&E, prior to the issuance of any building permits.
Monitoring. The applicant shall present plans to PG&E,
for review and approval to comply with this condition.
The applicant shall submit written approval from PG&E
indicating compliance with this condition with the
building plans, to the Central Permit Office.
16. The applicant shall submit landscaping and building plans
which conform to the City of Alameda and East Bay
Municipal Utility District Water Conservation Guidelines.
Where there is a difference, the stricter requirement
shall apply.
Monitoring. The applicant shall present information with
building plans for review and approval of City stall
indicating compliance with this condition.
17. The City of Alameda will review the design of future
development permitted by the Master Plan Amendment as
part of the Development Plan review and design review
process to assure that the new development is compatible
in scale, massing and relationship to existing
development along the Marina Village shoreline, and
adjacent uses.
Monitoring. The applicant shall present Development
Plans for each phase of development, for review and
approval by the Planning Board, as well as detailed plans
for design review and approval by Planning Department
staff, prior to the issuance of any building permits.
6
18. Should evidence of cultural or historic artifacts be
found during site preparation or grading, work shall stop
immediately, and the Planning Director shall be notified
within 24 hours. Any construction which may in the
Planning Director's determination affect those resources
shall be halted until the Planning Department, assisted
by an archeologist selected by the City, and paid for by
the applicant, has inspected the resources, and developed
and implemented an appropriate mitigation plan.
Monitoring. The applicant shall notify the Planning
Director should evidence of cultural or historic
artifacts be found during site work. Should such
resources be found, the Planning Director, assisted by an
archeologist selected by the City, and paid for by the
applicant, shall inspect the resources, and develop and
implement an appropriate mitigation plan.
7
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 regular meeting assembled on the 7th day of
July , 1992, by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Lucas, Roth
and President Withrow - 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 8th day of Jn1y , 1992.
Diane B. Felsch, City Clerk
City of Alameda