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Resolution 12581CITY OF ALAMEDA RESOLUTION NO. 12581 DENYING THE APPEAL AND UPHOLDING THE PLANNING BOARD'S APPROVAL OF PLANNED DEVELOPMENT AMENDMENT, PDA-94-7 FOR 2060 CHALLENGER DRIVE (SOMATIX) WHEREAS, an application was made on August 4, 1994 by Alameda Real Estate Investments, Inc. requesting approval of a Planned Development Amendment for 2060 Challenger Drive to permit construction of a 3,200 square foot mechanical yard adjacent to a 26,720 square foot building in the business park portion of Marina Village; and WHEREAS, the Planning Board held a public hearing on the application and considered relevant testimony, reports, pertinent maps, drawings and documents; and WHEREAS, the Planning Board made the following findings: 1. The Development Plan Amendment is determined to be categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City !>7, of Alameda Guidelines for EnvironMental Review. 2. Development Plan Amendment, PDA-94-7, subject to the CI imposed conditions, is in conformance with the adopted General Plan of the City of Alameda. 3. Development Plan Amendment, PDA-94-7, as conditioned in -..7731 this resolution, complies with sections of the Alameda City Zoning Ordinance, which govern the Mixed Use District. A. Development Plan Amendment, PDA-94-7, is consistent with the Marina Village Master Plan. B. Development Plan Amendment, PDA-94-7 satisfies the purposes of the Mixed-Use Ordinance in the context of the Master Plan as follows: 1. Development Plan Amendment, PDA-94-7 would provide pedestrian linkage between this parcel and the remainder of Marina Village. However, because of its relative location, it does not de-emphasize the automobile, which is considered appropriate by Planning Staff for the proposed uses and the location of the parcel within the overall Marina Village site. 2. There are no areas requiring special treatment. Therefore, development of the proposed project would not have a significant effect on historic resources. 1 3. Open space areas would be accessible to residents and the general public. This Development Plan Amendment would not affect open space areas, since there are none located on this portion of the Marina Village property. 4. Development Plan Amendment, PDA-94-7, would be conducive to mutual interdependence of living, working, shopping and entertainment. The proposed use would be developed in conformance with the Community Noise Ordinance standards. C. The proposed new development in Development Plan Amendment, PDA-94-7, would be compatible with existing and future contiguous uses. Additional landscaping would provide compatibility of the proposed mechanical yard with the residential structures located across from the site on Independence Drive. D. Development Plan Amendment, PDA-94-7, would retain the current vehicular and nonvehicular circulation within the project, which is considered sufficient in accordance with the standards of the Mixed Use District. E. Development Plan Amendment, PDA-94-7, would maintain adequate landscaping and screening. 4. The Planning Board has been advised that subject to meeting City standards and requirements, the proposed development would be consistent with the Plan for the West End Community Improvement Project (WECIP). WHEREAS, the Planning Board approved PDA-94-7 on September 12, 1994; and WHEREAS, Martha Martin appealed the Planning Board's action to the City Council on September 22, 1994; and WHEREAS, the City Council held a public hearing on this appeal, and has examined pertinent maps, drawing, and documents; and WHEREAS, the City Council hereby concurs in the findings to approve Planned Development Amendment, PDA-94-7. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby denies the appeal and upholds the Planning Board approval of Planned Development Amendment, PDA-94-7, subject to the conditions of the Planning Board as set out below: SCOPE OF APPROVAL 1. The Scope of Approval is limited to the following items as shown on Development Plan Amendment, PDA-94-7, "GVAX 2 Cancer Vaccine Facility" dated. July 28, 1994, consisting of 5 sheets, marked Exhibit "A" on file in the Planning Department. This approval amends the approval of Development Plan, DP-85-4 and incorporates the conditions of approval, amended as appropriate to PDA-94-7. PERMITTED USE 2. The allowable square footage for the mechanical yard shall not exceed 3,200 square feet. ALLOWABLE SQUARE FOOTAGE 3. For purposes of this approval, all floor areas are "Gross Floor Area." Gross floor area is defined as the floor area contained within the exterior walls of the buildings: this includes the total area within the building shell, including corridors, lavatories, elevators, lobbies, etc. DESIGN REVIEW 4. This project is subject to Design Review, however shall not require public notice, since the item has been noticed for Planning Board review. The design elements of this Development Plan Amendment shall be compatible with the overall design theme for the entire Marina Village Project. The Planning Department staff shall review, prior to the issuance of building permits: detailed landscaping design, detailed architectural plans of the buildings, loading areas, trash enclosures, street furniture, security, exterior finishes, signs and lighting fixtures. LANDSCAPING 5. Minimum sizes of trees shall be 15 gallons to provide maximum screening upon project completion. POLICE PROTECTION 6. The Design Review plans shall be submitted to 'the Police Department for review and approval in respect to the issues raised in correspondence from the Police Department dated June 28, 1994. NOISE 7. The project shall incorporate the sound attenuation measures outlined in the two reports by Salter Associates Inc., Acoustical Consultants dated September 1, 1994 and September 8, 1994. 8. Prior to issuance of the occupancy permit, or commencement of the use, an acoustical consultant to be 3 retained by the City at the applicant's expense, shall conduct noise measurements of the equipment as installed. These noise measurements may be conducted during the project validation period at the same locations (935 Independence Drive and 1 Regulus Court) as the noise measurements 'in the Acoustical Study by Salter Associates, Inc. dated September 1, 1994. Operation of the mechanical equipment shall be permitted only when the operation complies with the standards of the Community Noise Ordinance. 9. In addition to meeting City standards and requirements, the proposed use must conform to the adopted Plan for the West End Community Improvement Project and General Plan policies incorporated by reference within the Plan. NOTICE: No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision, plus extension authorized by California Code of Civil Procedure Section 1094.6. 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 18th day of October , 1994, by the following vote to wit: AYES: NOES: ABSENT: Councilmembers Appezzato, Arnerich, Lucas, Roth and President Withrow - 5. None. None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I hereunto set my hand and affixed the official seal of said City this 19th day of October , 1994. Diane B. Felsch, City Clerk City of Alameda 4