Resolution 12863CITY OF ALAMEDA RESOLUTION NO. 12863
UPHOLDING THE PLANNING BOARD'S ADOPTION OF MITIGATED NEGATIVE
DECLARATION, IS- 96 -13, FOR PLANNED DEVELOPMENT, PD -96 -3, USE
PERMIT, UP -96 -36 AND A DISPOSITION AND DEVELOPMENT AGREEMENT, FOR
A PROJECT TO BE LOCATED AT 1916 WEBSTER STREET (SOUTHEAST CORNER OF
WEBSTER STREET AND ATLANTIC AVENUE)
WHEREAS, an application was made on October 24, 1996 by the
Browman Development Company requesting a Planned Development, PD-
96-3, to permit the construction of a 14,000 square -foot Walgreen's
Drug Store and a 7,500 square -foot multi - tenant building for retail
and food and beverage businesses, southeast of the intersection of
Webster Street and Atlantic Avenue. The developer is also
requesting a Planned Development approval to establish development
standards for the development proposal, which would approve a
Signage Program for the site and permit five driveways and Use
Permits to permit (1) 24 -hour operation of the Walgreen's and a
portion of the multi - tenant building and (2) an unenclosed
(outdoor) seating for proposed food and beverage businesses. The
site is composed of three parcels of approximately 3 acres. Within
the site development area is a 0.10 -acre parcel owned by the East
Bay Municipal Utility District (EBMUD); and
WHEREAS, the application was accepted as complete on January
29, 1997; and
WHEREAS, the subject property is designated as Community
Commercial and Parks and Public Open Space on the General Plan
Diagram; and
WHEREAS, the subject property is located in a M -1 -PD,
Intermediate Industrial (Manufacturing), Planned Development Zoning
District; and
WHEREAS, the project is located within the boundaries of the
Business and Waterfront Improvement Project and designated is for
Commercial Uses and the West End Community Improvement Plan and is
designated for Mixed Use; and
WHEREAS, the Planning Board held a public hearing on February
24, 1997 to consider Mitigated Negative Declaration, IS- 96 -13, and
upon due consideration adopted the Mitigated Negative Declaration;
and
WHEREAS, an appeal was made on February 25, 1997 by Edward H.
Clark to the City Council of the adoption by the Planning Board of
the Mitigated Negative Declaration; and
WHEREAS, the City Council held a public hearing on this appeal
on April 1, 1997, and has examined pertinent maps, drawings and
documents; and
WHEREAS, the City Council finds that there is no merit to the
bases of the appeal based on Staff's response to the bases as set
out in the Staff Report prepared for the April 1, 1997 City Council
meeting; and
WHEREAS, the City Council denies the appeal filed by Edward H.
Clark and upholds the decision of the Planning Board to adopt the
Mitigated Negative Declaration (IS-96-13) and the attached
mitigation monitoring program (Attachment "A"); and
WHEREAS, the City Council of the City of Alameda makes the
following findings:
1. The project does not have the potential to degrade the quality
of the environment, substantially reduce the habitat of fish
or wildlife species, cause a fish or wildlife population to
drop below 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 pre-
history because the site is covered with a combination of
pavement, gravel, and remaining buildings formerly used for
manufacturing operations; therefore, there is no identified
area which is habitat for rare or endangered species, the
project is within the scope of use contemplated in the General
Plan, and the project does not have any significant adverse
impacts. The Alameda Historic Advisory Board has determined
that the building at 1916 Webster Street does not have
substantial historic merit, although the site has interest as
the location at which hydrogenated peanut butter was invented
in 1932 and where "Skippy" peanut butter was manufactured for
over 40 years. The placement of a commemorative plaque on the
site will mitigate the effects of the project on the building
as a place of interest in California history, and avoid
significant impacts.
2. The project does not have the potential to achieve short-term,
to the disadvantage of long-term, environmental goals because
the project is consistent with the goals of the General Plan
to provide commercial services at the site and the project
will not have any significant adverse impacts.
3. The project does not involve impacts which are individually
limited or cumulatively considerable because the described
project constitutes all intended changes to project area and
is not related to any other project or policy change.
4. The project does not have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly because the construction of commercial
services will enhance the existing residential and community
commercial uses within the immediate area.
5. The developer has incorporated all the mitigation measures
into the project and the mitigations relating to air quality,
transportation and circulation, hazards, noise, and aesthetics
either avoid adverse impacts or lessen the potentially
significant environmental impacts to less than significant
levels.
THEREFORE BE IT RESOLVED that the City Council adopts
Mitigated Negative Declaration (IS-96-13) and the attached
mitigation monitoring program (Attachment "A").
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ATTACHMENT "A"
MITIGATION MONITORING PROGRAM
for Mitigated Negative Declaration (IS-96-13)
for the construction of a 14,000 square foot Walgreen's
Drug Store and a 7,500 square foot multi-tenant building with
associated parking and landscaping at 1916 Webster Street
AIR QUALITY
I. Impact
Mitigation
Measure:
The existing structures at the former Bureau
of Electricity site (southeast corner of
Atlantic Avenue and Constitution Way) contains
asbestos. (see also HAZARDS below)
Demolition of the structure will require
removal of the asbestos by a professional
licensed by the State of California to do
asbestos-related work.
Responsibility: Developer and Public Works Department
Actions:
II. Impact:
Mitigation
Measure:
1. The developer shall hire a professional
licensed by the State of California to do
asbestos-related work for the demolition of
the structure.
2. The Public Works Department shall, through the
building permit process, ascertain compliance
with State Law for demolition of a structure
which contains asbestos.
The existing East Bay Municipal Utilities
District (EBMUD) building on a parcel
surrounded by the subject property contains a
pump station for sanitary sewer service, and
there is a potential for occasional unpleasant
odors.
The developer shall continue to work with
EBMUD to accommodate upgrades to the pumping
facility which would lessen the potential odor
problem and advise all tenants in the Pad "A"
building of the proximity of the project to an
EBMUD sewer pumping facility.
Responsibility: Developer
Actions: 1. The developer shall implement the Mitigation
Measures.
TRANSPORTATION/CIRCULATION
III. Impact:
Mitigation
Measure:
Responsibility:
Actions: 1.
III. Impact:
Based on the Traffic Report which evaluated
the traffic impacts related to this project,
it was found to have impacts on the left-turn
movements from Challenger Drive to Atlantic
Avenue would operate at LOS F. Although the
majority of the traffic using this
intersection would be generated by other uses,
analysis indicts that the project-related
traffic will constitute four percent of the
total intersection volume by the year 2010.
Additionally, the project would also
contribute to the general traffic congestion
of the area.
The developer shall contribute a pro rata
share of four percent, estimated at
approximately $9,000, for needed traffic
controls at Atlantic Avenue/Challenger Drive
to the appropriate Capital Improvement Project
Account; a pro rata share of two percent,
estimated at approximately $12,320, for
Mariner Square Drive Widening to the
appropriate Capital Improvement Account; and a
pro rata share of one percent, estimated at
approximately $54,000, for the Tinker Tynan
Extension to the appropriate Capital
Improvement Account.
Developer, City Engineer and Public Works
Department
Prior to the issuance of any final Occupancy
Permit for any building on the site, the
applicant shall pay the required pro rata cost
for the traffic control at Atlantic
Avenue/Challenger Drive, the Tinker Tynan
Extension and the Mariner Square Widening.
2. The City Engineer shall advise the proponent
of the final, .total cost of the pro rata
shares. The Central Permits Office shall
accept the payment, and advise the Planning
Department once the payment has been received.
The project proposal provides for a total of
five driveways, including two on Webster
Street and one on each of the other three
roadways which serve the site (Atlantic
Avenue, Constitution Way and Eagle Avenue).
The applicant also proposes to cut the raised
center median on Atlantic Avenue between
2
Mitigation
Measure:
Webster Street and Constitution Way, to permit
left turn movements in and out of the project
site at the Atlantic Avenue driveway, which is
located centrally along this block of Atlantic
Avenue.
The developer shall be required to provide
directional signs and raised-marker islands
(using "bot dots") at the two Webster Street
driveways to prevent left turns in and out of
the project site, and at the Constitution Way
driveway tojprevent left turn movements out of
the project site.
Responsibility: Developer, City Engineer and Public Works
Department
Action:
Mitigation
Measure:
1. The developer shall a provide plan showing the
required signs and driveway modifications for
review by the City Engineer. This plan shall
be submitted prior to the issuance of any
building permit for the site. Cost of the
signs and raised-marker island ("bot dots"),
including construction costs, shall be borne
by the applicant.
2. The City Engineer shall review the plan
submitted by the applicant and determine
whether the plans comply with his
requirements. The City Engineer shall advise
the applicant and the Planning Department of
his decision.
3. City Public Works Staff shall inspect the work
upon completion to determine compliance with
approved plans.
The median along Atlantic Avenue shall be
modified in the area of the Atlantic Avenue
driveway entry into the site to permit left
turn movements in and out of the project site
at the Atlantic Avenue driveway, to the
satisfaction of the City Engineer. The median
along Constitution Way shall be modified in
the area of the Constitution Way driveway
entry into the site to permit left turn
movements into the project site at the
Constitution Way driveway, to the satisfaction
of the City Engineer.
Responsibility: Developer, City Engineer and Public Works
Department
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Action: 1.
IV. Impact:
Mitigation
Measure:
Responsibility:
The developer shall a provide plan showing the
proposed median modifications for review by
the City Engineer. This plan shall be
submitted prior to the issuance of any
building permit for the site. Cost of the
median modification, including construction
costs, shall be borne by the applicant.
2. The City Engineer shall review the plan
submitted by the applicant and determine
whether the plans comply with his
requirements. The City Engineer shall advise
the applicant and the Planning Department of
his decision.
3. City Public Works Staff shall inspect the work
upon completion to determine compliance with
approved plans.
Actions: 1.
The project contains both a vehicular and
pedestrian internal circulation, and is
adjacent to a pedestrian oriented shopping
area, the College of Alameda and various
residential uses.
Site improvements, including crosswalks, stop
signs, pavement markings (PED XING, STOP) and
wheelchair ramps shall be required to provide
safe access between the buildings at the site,
and shall be to the satisfaction of the City
Engineer.
Developer, City Engineer and Public Works
Department.
The developer shall submit a plan for on-site
improvements for the entire site, for approval
by the City Engineer, which shows required
site improvements, including crosswalks, stop
signs, pavement markings and wheelchair ramps.
This plan shall be submitted prior to the
issuance of any building permit for the site.
Cost of the site improvements, including
construction costs, shall be borne by the
applicant.
2. The City Engineer shall review the plan
submitted by the applicant and determine
whether the plans comply with his
requirements. The City Engineer shall advise
the applicant and the Planning Department of
his decision.
4
HAZARDS
V. Impact:
Mitigation
Measure:
3. City Public Works Staff shall inspect the work
upon completion to determine compliance with
approved plans.
A Phase I & Limited Phase II Environmental
Site Assessment was prepared for the project
site by Twining Laboratories, Inc., dated
August 20, 1996. The Assessment determined
that no evidence or indication of Recognized
Environmental Conditions was revealed, except
for the following:
• The known presence of asbestos-containing
materials within the warehouse/ office
structure on the 1916 Webster Street parcel;
and
The known presence of gasoline-impacted soil
and groundwater remaining on the 1916 Webster
Street parcel (Alameda Housing Authority
property) beneath the on-site structure,
related to the Underground Storage Tank which
was removed from this site in 1986; and
The presence of hazardous concentrations of
soluble lead in soil surrounding the concrete
pad on the Bureau of Electricity parcel.
Demolition of the building will require
removal of the asbestos by a professional
licensed by the State of California to do
asbestos-related work.
Responsibility: Developer and Public Works Department
Actions:
Mitigation
Measure:
1. The developer shall hire a professional
licensed by the State of California to do
asbestos-related work for the demolition of
the structure.
2. The Public Works Department shall, through the
building permit process, ascertain compliance
with State Law for demolition of a structure
which contains asbestos.
The applicant shall be required to prepare a
site-specific Health and Safety Plan (HSP)
with a minimum of Level D personal protective
equipment. (Level D refers to the
Occupational Safety and Health Administration
5
guidelines for worker safety equipment. Level
D is the lowest level of protection for
workers at contaminated or hazardous materials
sites and includes use of hard hats,
coveralls, steel-toed boots, gloves and, where
gloves, and where necessary, cartridge-filter-
style respirators.) The HSP should describe
construction activities and address safety
precautions, including dust control, odor
control, soil disposal, and protection
measures for workers. Environmental Health
also requires notification of any changes in
current development plans and an updated risk
management plan for any future construction or
redevelopment.
Responsibility: Developer and Contractor
Actions:
The developer's contractor shall have the
Health and Safety Plan available to workers at
the site, and shall also make the Plan
available to any State Health Department
inspector who requests the Plan.
Mitigation
Measure: Landscaping of the site will be required to
use imported soil materials.
Responsibility: Developer and Planning Department
Actions:
NO
1. The developer shall include on the final
landscaping plan notes which state that all
soils material to the site will be imported.
2. Alternatively, the developer may submit
documentation from his environmental
consultant to the satisfaction of the Planning
Director which identify those areas on the
site where it has been determined that the
soils do not contain hazardous or toxic
materials in any significant quantity which
planted without using imported soil materials.
3. The Planning Director shall review any
documentation submitted by the developer
determine whether the documentation is
sufficient to permit use of some of the on-
site soils. The Planning Director shall
advise the applicant of the decision.
VI. Impact: The rear loading dock of the Walgreen's would
receive major deliveries about twice a week on
6
Mitigation
Measure:
average, with potential noise levels near the
upper limit permitted by the Noise Ordinance
for nighttime activity (nighttime being
defined as between 10:00 p.m. and 7:00 a.m.).
The proposal indicates that no loading will be
planned between 10:00 p.m. and 6:00 a.m. The
rear loading dock is located near an existing
residential complex.
The Walgreen's loading schedule will be
required to be revised to be consistent with
the Noise Ordinance definition of the
nighttime period, so that no loading occurs
after 10:00 pm and prior to 7:00 a.m. on any
given day.
Responsibility: Developer and Planning Department
Actions:
AESTHETICS
VII. Impact:
Mitigation
Measure:
1. The developer shall install signage at the
loading dock of the Walgreen's building
advising of the restriction of loading and
unloading at the site.
2. Planning Staff shall conduct a site inspection
to verify that such signage has been
installed.
The site is located at a major gateway to
Alameda from the approach from the Webster
tube, and the City's General Plan encourages
landmark structures at prominent locations.
Because of existing easements, no permanent
structures maybe constructed at the corner of
Webster Street and Atlantic Avenue and the
parking lot to serve the development is
proposed for this location.
All parking lot areas shall be developed with
a canopy of trees, meeting the parking
standards of the Alameda Zoning Ordinance of
one tree per four parking stalls. To the
greatest extent possible, the developer shall
locate trees at locations within the parking
areas in a manner consistent with the
requirement for a canopy character in the
parking lot areas. Street trees shall also be
required along Atlantic Avenue, Webster Street
and Constitution Way to create a canopy of
trees over the street. Exact number of street
trees to be planted, species, size and
location of trees shall be to the satisfaction
7
Responsibility:
Actions: 1.
VIII. Impact:
Mitigation
Measure:
of the Planning Director and the City
Engineer.
Developer, Planning Department, City Engineer
and Public Works Department
The developer shall submit a final landscaping
plan as part of the design review process
which shows location, size and species of all
trees to be planted in the parking lot and as
street trees, for review and approval by the
Planning Director and City Engineer.
2. The Planning Director and City Engineer shall
review the plan submitted by the applicant and
determine whether the plans comply with the
requirements. The Planning Director and City
Engineer shall advise the applicant of the
decision.
3. City Public Works Staff shall inspect the work
upon completion to determine compliance with
approved plans.
The site is currently not used or maintained.
The proposed commercial development will
require lighting of the parking lots. The
type of lighting could impact adjacent
residential uses.
All on-site lighting shall be downward-
directed lighting and shielding to avoid
excessive leakage into adjacent residential
areas.
Responsibility: Developer and Planning Department
The developer shall submit plans of lighting
fixtures, including pole height and number of
lights, for review.
2. The Planning Director shall review the plan
submitted by the applicant and determine
whether the plans comply with her
requirements. The Planning Director shall
advise the applicant of the decision.
3. The developer shall install all lighting in
substantial compliance with the Photometric
Plan prepared by Norberg Engineering, dated
November 14, 1996.
Actions: 1.
8
4. Planning Staff shall inspect the work upon
completion to verify compliance with the
Photometric Plan. The developer may be
required to modify the on-site lighting and
may be required to install additional
shielding in order to comply with the
Photometric Plan.
CULTURAL RESOURCES
IX. Impact: The 1916 Webster building is listed on the Alameda
Historical Building Study List. The site is
associated with the invention of hydrogenated
peanut butter by Joseph L. Rosefield, who began
manufacturing peanut butter at the site in 1916.
The product was sold under the name of "Skippy
Peanut Butter". The Alameda Historical Advisory
Board recommended the building for the Study List
in 1990 specifically for this association, and not
for the architectural merit of the building itself.
An Historic Resources Inventory survey form was
completed for the building in 1989, which describes
the history of the building and the Rosefield
Packing Company. The Historic Resources Inventory
form indicated that the building had interest as
the location at which the manufacturing process was
developed, but that the question of eligibility for
the National Register of Historic Places was
difficult to determine.
Mitigation
Measure:
A commemorative plaque identifying the historical
significance of 1916 Webster Street in Alameda's
industrial history shall be installed at the site.
Responsibility: Developer, Planning Department and City of
Alameda
Actions:
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1. The developer shall coordinate with the
Historical Advisory Board on the design,
content and placement of the plaque.
2. The Planning Department shall agendize and
prepare appropriate reports and exhibits for
review by the Historical Advisory Board.
3. The cost for the plaque and its installation
shall be shared evenly by the developer and
the City.
4. Planning Staff shall inspect the work upon
completion to verify compliance with the
requirements of the Historical Advisory Board.
9
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 1st
day of April , 1997, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt and
President Appezzato - 3.
NOES: Councilmembers Kerr and Lucas - 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 2nd day of April , 1997.
Dianel elsch, City Clerk
City of Alameda