Resolution 12864CITY OF ALAMEDA RESOLUTION NO.
12864
UPHOLDING THE PLANNING BOARD'S APPROVAL OF PLANNED DEVELOPMENT, PD-
96-3, 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. 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
CD
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 Planned Development, PD-96-3, and upon due
consideration approved the application; and
WHEREAS, an appeal was made on February 25, 1997 by Edward H.
Clark to the City Council of the approval of the Planned
Development; 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 approve
Planned Development, PD-96-3; and
WHEREAS, the City Council of the City of Alameda makes the
following findings:
1. The proposed Planned Development is consistent with the
General Plan which specifies commercial uses for the
portion of the site which is designated as Community
Commercial and a greenway for the portion of the site
designated Parks and Open Space. The Community
Commercial designation is intended for a wide range of
commercial stores and services, ranging from small stores
typical of Alameda's Webster Street "main street" area,
to larger, auto-oriented businesses. The proposed
Walgreen's Drug Store and food and beverage business
uses, as well as many other potential retail and
commercial uses, would be consistent with this
designation, which applies to the majority of the site.
The goal of the Parks and Open Space designation is for
a greenway to be part of the development of the site.
The provisions of easements for the future construction
of a greenway consisting of a line of street trees along
Atlantic Avenue, a ten foot bicycle path, a two foot
landscaped strip and a five foot pedestrian path and a
second line of trees to be planted at the southern edge
of the pedestrian path adjacent to the parking lot are
consistent with this goal.
2. The Planned Development is a more effective use of the
site than is possible under the regulations for the M-1
zoning district because a Planned Development allows for
consolidation of the three parcels and a comprehensive
site design including building location, parking lot
design, landscaping and internal circulation to use a
site which has some significant constraints because of
easements.
3. The Planned Development, because it incorporates all the
mitigations of the Mitigated Negative Declaration, will
not have a significant adverse effect on adjacent land
uses.
4. The City Council has been advised that the proposed
project would be subject to a Development and Disposition
Agreement, or similar agreement, with the Community
Improvement Commission (CIC) in order to conform to the
CIC policies and to the adopted Community Improvement
Plan (CIP) for the Business and Waterfront Improvement
Project, the West End Community Improvement Project and
General Plan policies incorporated by reference within
the CIP.
NOW THEREFORE BE IT RESOLVED that the City Council approves
Planned Development, PD-96-3, and Use subject to the following
conditions:
EFFECTIVE DATE
1. The Planned Development approval shall not be in force and
effect unless and until the developer has completed the
following:
a. Entered into a Disposition and Development Agreement with
the Community Improvement Commission.
b. Completed a Parcel Map to set the boundaries for
conveyance of the City owned property.
c. Completed site acquisition which shall include a
landscape easement on City owned property as shown on
Exhibit "B", prepared by Planning Staff and dated
February 13, 1997, revised February 25, 1997, on file in
the Planning Department offices, titled "Section Drawing
of the Proposed Greenway" as follows:
i. The southerly boundary of the Atlantic Avenue
right-of-way shall be the southerly edge of the
existing sidewalk.
ii. Between the Atlantic Avenue right-of-way and the
project site, there shall be a City-owned parcel
which is intended to be developed with a greenway,
containing bicycle and pedestrian paths and
landscaping, in accordance with the General Plan.
The dimensions of this City-owned parcel shall be
as follows:
1. Between Webster Street and the proposed
Atlantic Avenue driveway the parcel shall be a
minimum of 21 feet wide.
2. Between the proposed Atlantic Avenue driveway
to the eastern wall of the Pad "A" building
the parcel shall be 7 feet wide.
3. Between the eastern wall of the Pad "A"
building and Constitution Way the parcel shall
be a minimum of 12 feet.
iv. The City-owned parcel between the Atlantic Avenue
right-of-way and the project site shall be subject
to a landscape easement providing that the
developer shall landscape and maintain this area
until the greenway is developed.
V. Alternatively, the developer may take the area
designated as the greenway in fee and grant an
easement to the City consistent with the
description in Condition 1(c) (ii) (1) through
1(c)(ii)(3).
d. Has merged the three existing parcels into one lot.
Alternately, the developer may create two individual
parcels, one for the Walgreen's building and one for the
Pad "A" building, and may proceed with a Lot Line
Adjustment between the portion of the 1916 Webster Street
parcel adjacent to Eagle Avenue and the 1900 Webster
Street (Taco Bell) property. If such a subdivision or
Lot Line Adjustment is proposed in the future the
following conditions shall be imposed:
1. Reciprocal parking and access easements will be
required for all parcels created.
ii. There shall be no parcel created which is solely
devoted to off-street parking.
iii. Any part of the on-site parking required to support
the Walgreen's building and the Pad "A" building
cannot be used to support additions to the 1900
Webster Street (Taco Bell) building. This
restriction shall be recorded to the satisfaction
of the Planning Director. If none of the parking
proposed for the portion of the 1916 Webster Street
parcel adjacent to Eagle Avenue and the 1900
Webster Street property is necessary to support
development on the remainder of the project site,
it shall only be necessary to record the reciprocal
parking and access easements cited in 1(d) (i).
e. Modified easements with the East Bay Municipal Utilities
District to accommodate the proposed project.
f. Secured a written agreement with Dolan Foster Enterprises
(Taco Bell) regarding the proposed relocation of the Taco
Bell drive-through lane. Alternatively, the developer
may seek a modification to the project which would retain
the Taco Bell driveway and existing wall and reconfigure
the parking to function independent of the adjacent Taco
Bell site. This modification shall require Design Review
approval.
g Obtained a Certificate of Approval for the demolition of
1916 Webster Street from the Historical Advisory Board.
APPROVED PLANS
2. The project shall be constructed in substantial compliance
with the plans consisting of the following eight sheets which
constitute and are marked Exhibit "A", on file in the office
of the City of Alameda Planning Department, except as modified
by the conditions in this Resolution:
a. Topographic Survey, Atlantic/Webster/Constitution
Project, Alameda California, prepared by Phillippi
Engineering, dated May 17, 1996, and stamped received
"February 18, 1996".
b. Walgreens At Alameda Site Plan, prepared by Phillippi
Engineering, undated, and stamped received "February 18,
1997" and showing the existing easements.
c. Walgreens At Alameda Site Plan, prepared by Phillippi
Engineering, undated, and stamped received "February 18,
1997".
d. Walgreens Drug Store No.000, Alameda California, prepared
by Jerold L. Dougal, dated October 18, 1996, revised
January 7, 1997 and January 24, 1997, stamped received
"February 18, 1997".
e. Multi-Tenant Shop Building, Alameda California, prepared
by Jerold L. Dougal, dated October 18, 1996, revised
January 7, 1997, and stamped received "February 18,
1997".
f. Walgreens Alameda Conceptual Landscape Plan, prepared by
James Ferguson Clabaugh, dated October 21, 1996, revised
January 9, 1997 and January 31, 1997, and stamped
received "February 18, 1997".
g.
Walgreens, Alameda, Conceptual Landscape Detail, prepared
by James Ferguson Clabaugh, dated January 31, 1997, and
stamped received "February 18, 1997".
h. E.B.M.U.D. Building Alameda, California, prepared by
Jerold L. Dougal, dated January 13, 1997, and stamped
received "February 18, 1997".
i. The revised Walgreens At Alameda Site Plan, prepared by
Phillippi Engineering, undated, and stamped received
"March 27, 1997".
The revised Multi-Tenant Shop Building, Alameda
California, prepared by Jerold L. Dougal, dated October
18, 1996, revised January 7, 1997, revised January 24,
1997 and stamped received "March 27, 1997".
k. Where there is a conflict between the various sheets of
Exhibit Al, " the plans cited in Conditions 2(i) and 2(j)
shall control.
TRANSPORTATION
3. Prior to the issuance of any Occupancy Permit for the site,
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. The
pro rata shares shall be adjusted annually from February 1997
to reflect increases or decreases in the San Francisco-
Oakland-San Jose Consumer Price Index, All Urban Consumers.
4. Prior to the issuance of any Occupancy Permit for the site,
the developer shall submit a plan for approval by the City
Engineer which shows modification of the median along the
Atlantic Avenue to permit left turn movements in and out of
the project site and Constitution Way to permit left turn
movements into the project site and the changes in the median
shall be constructed. Alternately, the developer may submit,
at his discretion, a plan for the approval by the Planning
Director which shows that the driveway onto Atlantic Avenue
will not be constructed and there will be appropriate
landscaping and on-site circulation modifications. All
modifications on-site must be constructed prior to occupancy
of any building.
5. 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 to prevent left turn movements out of the project
site shall be installed at the expense of the developer and to
the satisfaction of the City Engineer.
6. Prior to the issuance of any building permit for the site, the
developer shall submit a plan for approval by the City
Engineer for required on-site improvements, including
crosswalks, stop signs, pavement markings and wheelchair
ramps.
7. The developer shall provide a total of 11 bicycle parking
spaces on-site, at least four of which shall be bicycle
storage lockers.
8. Prior to the issuance of any building permit for the site, the
developer shall have secured a CalTrans Encroachment Permit
for the proposed curb cuts along Webster Street (State Route
61).
REGULATIONS FOR PD-96-3
9. All regulations of the Alameda Municipal Code shall apply to
PD-96-3 except where express provisions have otherwise been
made in this Planned Development approval.
SIGNAGE PROGRAM
10. All signage installed at the site shall be in compliance with
the approved signage program, as outlined in Exhibit "C",
consisting of nine pages, prepared by the applicant, stamped
received "October 24, 1996", and on file in the Planning
Department offices, except as modified by Conditions #11
through #21 below.
11. The number of signs for the Walgreen's building shall be
limited to one sign on the Webster Street frontage, one on the
Webster Street frontage of the drive-through portal, one on
the corner tower element and one on the Atlantic Avenue
frontage, for a total of four signs. The signs at Webster
Street and the tower may be composed of two lines of copy:
Walgreen's and Pharmacy. The signs on the Atlantic Street
frontage and the drive-through portal is limited to one line
of copy.
12. The signage for the Walgreen's building shall be in
substantial compliance with the placement and sign location as
shown on sheet "d" of Exhibit "C", cn file in the Office of
the City Clerk, and shall not exceed the following:
* *
Location Height Length Sign Area
Webster Street (one sign with two lines of copy)
Walgreens 26"* 21'-2" 35.7 s.f.
Pharmacy 18" 12-10" 19.2 s.f.
Total sign area allowed: 71.15 s.f.**
Tower (one sign with two lines of copy)
Walgreens 26"* 21'-2" 35•7 s.f.
Pharmacy 18" 12-10" 19.2 s.f.
Total sign area allowed: 71.15 s.f.**
Drive-through Portal
Drive-thru Pharmacy
Atlantic Avenue
Walgreens
Lead letter.
14" 21'-3" 24.8 s.f.
26"* 21'-2" 35.7 s.f.
The total sign area includes the 16.25 square feet of space
between the two lines of copy.
Signage for any future tenant of the Walgreen's building shall
comply with the Sign Ordinance. Alternatively, a Planned
Development Amendment to approve a new signage program may be
requested.
13. Tenants of the Pad "A" building may install signs at two
locations, one at the Atlantic Avenue elevation and one at the
interior plaza (parking lot) elevation, except that tenants at
the ends of the building may install signs at three locations,
one at the Atlantic Avenue elevation, one at the interior
plaza (parking lot) elevation and one at the end of the
building.
14. The maximum size for a sign for the Pad "A" building shall be
one square foot of sign area for each linear foot of lease
space with a minimum sign size of 25 square feet per building
side and a maximum sign size of 50 square feet per building
side. Tenants at the ends of the building, who are permitted
a maximum of three signs, shall be limited to a total of 150
square feet of total sign area. The maximum letter height for
the Pad "A" building shall be 24 inches.
15. Individual wall signs shall not exceed 50 square feet in size,
except as permitted by Condition #12. Monument signs are also
exempted from this limitation and shall be as shown on Exhibit
"C", on file in the Office of the City Clerk, except as
modified by Condition #18 below.
16. Can signs are expressly prohibited except that a can logo sign
may be permitted on the Pad "A" building. The logo shall be
the minimum dimension necessary to accommodate the design and
shall comply otherwise with the sign program.
17. Two monument signs shall be permitted at the site. No
monument sign shall be permitted to be installed within the
required easements.
18. The monument signs shall comply with the regulations of the
Alameda Municipal Code except that the proposed at the Webster
Street elevation may be extended up to 14 feet and they may
exceed the maximum sign size of 50 square feet. No site
specific advertizing for the project site shall be permitted
above 10 feet above the grade. The area above this line
shall be devoted a general welcome to the Webster Street
Commercial Corridor. Exact design language shall be to the
satisfaction of City Staff, the developer and the West Alameda
Business Association.
19. The developer's proposal to allow excess sign area at the
discretion of the property owner is expressly not approved.
20. All regulations of the Sign Ordinance shall apply to PD-96-3
except where express provisions have otherwise been made in
the Signage Program approval.
21. No sign shall be installed without prior issuance of a sign
permit.
SITE SAFETY
22. The demolition of the building at 1916 Webster Street, if
approved by the Historical Advisory Board, will require
removal of the asbestos by a professional licensed by the
State of California to do asbestos-related work. Other
required procedures would include the provision of appropriate
public notice and related agency notification.
23. The developer shall be required to prepare a site-specific
Health and Safety Plan (HSP) with a minimum of Level D
personal protective equipment involving any demolition of
existing buildings or for grading work at the site. (Level D
refers to the Occupational Safety and Health Administration
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 associated with
demolition of existing buildings or grading of the site.
Alameda County Department of Environmental Health also
requires notification of any changes in current development
plans and an updated risk management plan for any future
construction or redevelopment.
EAST BAY MUNICIPAL UTILITIES DISTRICT PARCEL
24. The developer shall construct an eight foot high stucco or
concrete wall with a wood slatted gate stucco wall surrounding
the existing EBMUD building. The materials and colors shall
match the other proposed buildings on the site. The developer
may construct an eight foot high chain link fence with wooden
slats, subject to Design Review approval, instead of the
stucco or concrete wall, if he submits a letter from the East
Bay Municipal Utilities District stating that the District
will underground the facility within two years from the date
of approval. If the facility is undergrounded no stucco or
concrete wall is required. The developer shall enter into a
performance agreement and provide a financial guarantee to the
satisfaction of the Planning Director in the amount of 150% cf
the cost of the construction of the eight foot high stucco cr
concrete wall to ensure its construction in the event the
facility is not undergrounded within the two year period. The
south wall of the existing East Bay Municipal Utilities
District building may be substituted for the proposed stucco
or concrete wall citied in Condition 24, provided that the
existing wall is textured coated and painted to match the
proposed stucco or concrete wall to the satisfaction of the
Planning Director in conjuction with Design Review.
25. The developer shall enter into a Reciprocal Easement Agreement
(REA) with the East Bay Municipal Utilities District to permit
use of a portion of its site for parking and landscaping, in
exchange for permanent access to its pumping station.
BUREAU OF ELECTRICITY
26. The developer shall install new substructures including
conduits, pullboxes, and transformer pads to serve the
proposed buildings and to modify the service to EBMUD's pump
station to the satisfaction of the Bureau of Electricity.
27. The developer shall coordinate with EBMUD regarding the
installation of a new pad-mounted transformer and the need to
convert the overhead pump station service to underground.
28. The developer shall grant all easements to the Bureau of
Electricity necessary for the provision and maintenance of
electrical service to the site.
29. The developer may be charged for duct system engineering and
construction inspection charges.
FIRE DEPARTMENT
30. Both buildings shall be fitted with automatic fire sprinkler
systems to the satisfaction of the Alameda Fire Department.
31. The developer shall install at his expense two on-site fire
hydrants be located and installed to the satisfaction of the
Alameda Fire Department.
URBAN RUNOFF
32. Prior to the issuance of any building permit for the site,
including a grading permit, the developer shall submit plans
which show all the necessary requirements of the Alameda
Countywide Clean Water Program. The plans shall show planned
methods by which entry of pollutants to the storm drain system
will be reduced.
LANDSCAPING
33. Landscaping of the site will be required to use imported soil
materials in order to minimize exposure to any residual toxic
materials which may remain on the site. 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 may be planted without using
imported soil materials.
34. The developer shall be required to install street trees along
Atlantic Avenue, Webster Street and Constitution Way. Exact
number of street trees to be planted, species, location and
size, not to exceed 15 gallons, of trees shall be to the
satisfaction of the Planning Director and the City Engineer.
35. The developer shall be required to comply with the landscaping
requirements of the Parking Ordinance which requires that a
five foot landscaped separation between the parking lot and
any property line, fence or building and that a minimum of one
tree shall be planted for every four parking spaces which
shall be located in such a manner as to create a tree canopy
throughout the parking lot.
36 The developer shall required to provide additional trees along
the easterly and southerly property boundary between the
residential use and the subject site to complement the
existing landscaping on the on the adjacent residential
property to result in a screening along this boundary the
satisfaction of the Planning Director. The new trees shall be
located so as not to interfere with the growth habit of the
existing trees.
37. The developer shall be required to include the areas proposed
as the future greenway in the landscaping plans. These areas
shall be landscaped on an interim basis and shall be
maintained by the developer until such a time when the
greenway is developed. The developer shall enter into an
agreement with the City for the interim landscaping and
maintenance of the greenway. Once the easement is developed
as a greenway, the developer's responsibility for maintenance
may end.
LIGHTING
38. Lighting shall be installed in substantial compliance with the
Photometric Plan prepared by Norberg Engineering, dated
November 14, 1996.
39. All on-site lighting shall be downward-directed lighting and
shielded to avoid lighting impacts on adjacent residential
areas.
40. Prior to the issuance of any Occupancy Permit for the site,
Staff shall conduct a night-time site inspection, including a
light meter reading, to verity compliance. 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.
DESIGN REVIEW
41. The developer shall submit a Design Review application and
plans for review and approval by the Planning Director. As
part of the Design Review, the following shall be reviewed:
a. Revised site plan and elevation drawings for the Pad "A"
building which shows the final building location, size
and design which adjusts for the greenway design.
b. Revised Signage Program which incorporates Conditions #11
through #21.
c. Design of the Monument Sign at the Webster Street
frontage.
d. Design and location of the required Historical Plaque.
e. A color board for the project for the exterior materials
and colors.
f. Design of masonry or concrete wall proposed by the
developer along the east and south property line between
the subject property and the adjacent residential use.
g Final Landscaping plan which shows the location of all
trees, including street trees, their species and size;
parking lot landscaping; and all final planting
materials, location and size.
h. Plans for lighting fixtures, including pole height,
number of lights and product sheets.
i. Design of texture coated wall treatment of the existing
south wall of the EBMUD building should the developer
elect to not construct a wall in this location.
AMENDMENTS
42. The following changes to the site shall require a Planned
Development Amendment:
a. additions of more than 250 square feet on a cumulative
basis to the Walgreen's building;
b. additions of more than 150 square feet on a cumulative
basis to the Pad "A" building;
c, new construction on the site;
d. alterations to the parking lot which would reduce the
number of required parking spaces to less than 1 space
for every 200 square feet of gross floor area.
AFFORDABLE HOUSING COMPLIANCE
43. The project shall comply with the City's Affordable
Housing/Unit Fee requirements, by either providing the
required number of affordable housing units or by payment of
an in-lieu housing fee.
HOLD HARMLESS
44. The City of Alameda requires as a condition of this Planned
Development approval that Browman Development Company, or its
successors in interest, defend, indemnify, and hold harmless
the City of Alameda or its agents, officers, and employees
from any claim, action, or proceeding against the City or its
agents, officers, and employees to attack, set aside, void, or
annul, an approval of the City concerning the 1916 Webster
Street Planned Development, which action is brought within the
time period provided for in Government Code Section 66499.37.
The City of Alameda shall promptly notify the developer of any
claim, action or proceeding and the City shall cooperate fully
in the defense. If the City fails to promptly notify the
developer of any claim, action, or proceeding, or if the City
fails to cooperate fully in the defense, the developer shall
not hereafter be responsible to defend, indemnify, or hold
harmless the City.
VESTING
45. The Planned Development shall terminate one (1) year from
April 1, 1997, unless actual construction under valid permits
has begun, or the developer applies for and is granted an
extension prior to the Planned Development.
G:\CC\RES0\3PD963
Revised 4/9/97
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.
Diane felsch, City Clerk
City of Alameda