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Resolution 12976CITY OF ALAMEDA RESOLUTION N0.12976 APPROVING TENTATIVE MAP, TM-6969 TO SUBDIVIDE THE PARCELS TO CREATE 83 SINGLE-FAMILY LOTS AT 545 BUENA VISTA AVENUE, ALAMEDA WHEREAS, an application was made on October 24, 1997 by Aidan Barry for The DeSilva Group requesting a Tentative Map, TM-6969, to permit the subdivision of a 8.9 acre parcel into 83 residential parcels, associated streets , guest parking and open space; and WHEREAS, the Tentative Map was accepted as complete on February 18, 1997; and WHEREAS, the subject property is designated as R4-PD, Medium Density Residential on the General Plan Diagram; and WHEREAS, the project is located within the boundaries of the Business and Waterfront Improvement Project and designated as Medium Density Residential; and WHEREAS, pursuant to the California Environmental Quality Act, a Mitigated Negative Declaration, IS-97-5, with a Mitigation Monitoring Program has been adopted by the City Council z as adequate in addressing the environmental impacts for the proposed Tentative Map; and 0 WHEREAS, the Planning Board held a public hearing on this application on March 2, 1998, examined pertinent maps, drawings, and documents. and recommended that the City Council approve Tentative Map, TM6969; and WHEREAS, the City Council held a public hearing on this application on March 17, 1998, ex nined pertinent maps, drawings, and documents; and WHEREAS, the City Council made the following findings: The design of the proposed subdivision is consistent with the General Plan which specifies residential use and medium density for this site. 2. The site is physically suitable for the proposed planned residential project. All existing structures relating to the former housing project use will be removed. The site will be graded to accommodate the proposal. The site is physically suitable for the proposed density of development. The density is less than the maximum density of one dwelling unit per 2,000 square feet of parcel area. 4. The desi of the subdivision and proposed improvements ni800tcuoseoubutuutul environmental or substantially and avoidably i MuccfiuhnrwiLdldeo/thcir habitat. A Mitigated Negative Declaration has been prepared which evaluated the environmental impacts of the project and no significant adverse impact has been identified. 5 The design of the subdivision or improvement will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. There are no existing easements on the site. 6 The design of the subdivision or the type of improvements will not cause serious public health problems. The proposal is for resi uses at the site. NOW, THEREFORE DE[TRESOLVED that the City Council of the City of Alameda hereby approves Tentative Map, TM-6969, subject to the foliowing conditions: APPROVED PLANS The Final Map and the project aacuustructedobo} be in substantial compliance with the plans prepared by Carlson, Barbee & Gibson, Inc. dated October 1997, revised through February 1998, titled "Tentative Map Tract 0969 Bruzzone Alameda California", Alameda, consisting of two sheets, marked Exhibit "B" and on file in the office ofthe City of Alameda Planning Department. HOLD HARMLESS Z. Pursuant to California Government Code Section 66474.9(b), the City of Alameda requires as a condition of this tentative map approval that The DeSilva Group, or its successors in interest, defend, indemnify, and hold harmless the Ci of Alameda or its agent , officers, and employees {ronoaoyckaimuotou,orpoocccdiug against the City or its agents, officers, and employees to attack, set aside, void, or annul, an approval of the City concerning Tract 6969, which action is brought within the time period provide focioLnveromeo1Codo Section 66499.37. The '1 y o f Alameda shall promptly notify the subdivider of any claim, action or proceeding and the City shall cooperate fully in the defense. If the City fails to promptly notify thc subdivider of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the subdivider shall not hereafter be responsible to defend, indemnify, or hold harmless the City. SOILS REPORT Prior to the submission of the Final Subdivision Map, a co osivr soil and foundation studies, reports, and recommendations shall be required in regard to underlying soils, future subsidence, seismic safety, water table, salt water backflow throughout the tract and perimeter lands, and foundations of structures. All improvements shall reflect the recommendations contained within the reports. The 2 reports shall be filed with the City Engineer, in conjunction with the Improvement Plans. IMPROVEMENT PLANS 4. Prior to the recordation of the Final Map, thc subdivider shall submit engineered Improvement Plans including, but not limited to, the proposed roadways, drainage improvements, utilities, traffic control devices, retaining and/or sound walls, sanitary sewers and storm drains, common area landscaping and other subdivision improvements, consistent with the requirements and to the satisfaction of the City Engineer and the Planning Director. The subdivider shall also submit, in conjuction with the Improvement Plans, calculations which show the total increase of runoff from the site and show that the existing off-site drainage system that transports the project runoff has adequate capacity. If there is insufficient capacity, the subdivider shall be responsible for the necessary on or off-site modifications to accommodate the subdivision storm drainage to the satisfaction of the City Engineer. CITY MONUMENTS 5. Standard City monuments shall be provided at all exterior tract property corners, angle points and all other control points, to the satisfaction of the City Engineer. All monuments shall be preferably 10 feet from all utility lines. On storm drain lines or sanitary sewer mains, under special circumstances, the distance may be reduced to 8 feet clear. Where a manhole is in potential conflict, there should be a shall be a minimum clear space of seven (7) feet between the outside of a manhole cover and edge of any monument, to the satisfaction of the City Engineer. All other utilities, including services, shall have a minimum clearance of five (5) feet. RETAINING WALLS 6. Retaining walls which may be constructed as part of the perimeter fence shall be shown and detailed on the Improvement Plans to the satisfaction of the City Engineer and the Planning Director. 7. Retaining walls shall be constructed of concrete to the satisfaction of the City Engineer. GRADING/DRAINAGE 8. A grading plan with appropriate erosion control measures shall be required for all areas within the subdivision which shall be prepared to the satisfaction of the City Engineer. 9. Surface drainage must slope away each residential building draining to the front yard at a one (1%) percent slope in accordance with Article F of the Alameda Design Criteria and to the satisfaction of the City Engineer. 10. Lot drainage shall be designed to provide a one (1%) percent slope after settlement if future subsidence is predicted to the satisfaction of the City Engineer. 11. No drainage shall cross any lot line other than onto streets or common areas shall be permitted. 12. Minimum street grades shall be 0.4 percent and 0.6 percent around curb returns at intersections.URBAN RUNOFF 13. The Improvement Plans shall include and meet all the necessary requirements of the Alameda Countywide Clean Water Program. 14. The Improvement Plans shall show planned methods by which entry of pollutants to the storm drain system will be reduced. Should these pollution controls require periodic maintenance, a maintenance plan shall be developed by the developer and be incorporated into the Conditions, Covenants and Restrictions. 15. The subdivider shall provide an erosion control plan. 16. A Notice of Intent for the storm water discharge shall be filed with the State Water Quality Control Board. A copy of the filing shall be submitted to the City Engineer as part of the required Improvement Plan for the site. TRAFFIC/STREET DESIGN/UTILITIES 17. Private street entrances to the subdivision shall be identified by a different pavement material designed to the satisfaction of the City Engineer and the Planning Director. 18. All curbs, gutters, and sidewalks within public streets shall be installed in accordance with City of Alameda standards. No rolled curbs shall be permitted. 19. Sidewalks within the development shall be a minimum of five (5) feet wide and shall be designed to City of Alameda standards . 20. Sidewalks shall be provided at the rear of the guest parking bays, except for the guest parking bays adjacent to the mini-park, and shall be contiguous with other sidewalks within the project. 21. Private streets shall provide a minimum width of twenty (20) feet from face-of -curb to face-of-curb. 22. The private road structural section shall be designed to the satisfaction of the City Engineer. 23. Stop signs shall be installed at each private roadway entrance onto a public street. 24. The public sidewalk along Buena Vista Avenue adjacent to the subject site shall be 4 repaired and reconstructed, as necessary, to City standards and to the satisfaction of the City Engineer. 25. Residential driveways shall have a minimum thickness of four (4) inches of concrete. 26. The subdivider proposes joint trenches under sidewalks to include telephone, electrical, television, and gas lines. The trench width and depth shall meet the standards of the utility companies and the City Engineer. 27. Water lines shall be installed in accordance with the requirements of the East Bay Municipal Utility District and to the satisfaction of the City Engineer. 28. All utilities shall be installed underground. Clearances between utility mains, sewers, structures or other objects shall be to the satisfaction of the City Engineer. 29. Wheelchair ramps shall be required on sidewalks where curb corners meet streets except where there is a driveway within three (3) feet of the corner. 30. Traffic control, regulatory, warning, and guide signs shall be installed in conformance with the Manual of Uniform Traffic Control Devices, to the standards of the City Engineering Division, and as required by the City Engineer. STREET NAMES 31. Prior to the recordation of the Final Map, street names shall be as shown on sheet 2 of Exhibit "B" with the following exception: Greshan Drive shall be corrected to Gresham Drive. STREET SIGNS 32. The subdivider shall be responsible for installation of all street signs within the development. Signs shall be to the satisfaction of the Public Works Director. STREET LIGHTING 33. Installation of street lights shall be to the satisfaction of the City Engineer and Planning Director. 34. Street light spacing and illumination requirements shall be to the satisfaction of the Bureau of Electricity. 35. Additional lighting shall be provided at the tract entrances. LANDSCAPING 36. Street and walkway tree plantings shall be substantially in compliance with sheet 3 of Exhibit "A". A detailed tree planting and landscaping plan shall be required for 5 all street areas, common areas and parking strip along Buena Vista Avenue adjacent to the site. These plans shall be prepared to the satisfaction of the City Engineer and the Planning Director, and shall be submitted in conjunction with the Improvement Plan. Clearances of trees from street improvements and furnishings shall be as follows: a. Fire hydrants - 6 feet. b. Driveways (top of wing) - 3 feet. c. Stop signs or curb returns - 15 feet. d. Electroliers - 25 feet on near side as a vehicle approaches, and 25 feet desirable on far side, but the far side distance may be reduced to 20 feet if needed. e. Sewer mains or laterals , gas lines (main and se ice , water, telephone and electrical mains - 5 feet. f Storm drains, water, telephone and electrical services - 2 feet. 37. Deep root barriers shall be required for all trees planted adjacent to curbs, sidewalks and other pavements, to the satisfaction of the City Engineer. 38. Landscaping shall be in accordance with Alameda Municipal Code Section 30-58 (Water Conservation/Landscaping), or whatever regulation is in effect at the time of construction. 39. All fencing barriers and header boards shall be installed to the satisfaction of the City Engineer. OPEN SPACE/MINI-PARK 40. The Improvement Plan shall include appropriate landscaping and equipment for thc mini-park, identified as Parcel "A", and other open space areas. The mini-park shall be developed for recreation use and include appropriate paths, seating areas. Approximately 25 percent of Parcel "A" shall be developed for use for children's active play with appropriate play equipment, seating areas and landscaping. SANITARY SEWERS AND STORM DRAINS 41. The sanitary sewers and stoiiii drains shall be designed to the satisfaction of the City Engineer. 42. Curved sewer alignments shall not be permitted. Sewer mains shall be on a straight run not to exceed 350 feet between manholes for 8" and 10" pipes, and 450 feet for 12" pipes and larger. 6 43. Main sanitary sewer lines shall be a minimum of 8" in diameter. 44. Public storm drain lines shall be a minimum of 12" in diameter. 45. The distance between storm drain manholes shall not exceed 350 feet. 46. Manholes shall be required at tract boundaries to differentiate public/private facilities. 47. Two-way property cleanouts shall be installed at all house laterals. 48. Minimum curb drain diameter shall be 3". BUREAU OF ELECTRICITY 49. To provide electric service to the proposed development, primary line extensions will be required. The subdivider's electrical consultant shall coordinate with the Bureau regarding power requirements. 50. The subdivider shall provide all necessary underground substructures, including conduits, pull boxes, transformer pads, etc. per the Bureau of Electricity specifications. The Bureau will require easements for all transformers, primary and secondary boxes, and conduits. The Bureau will furnish and install all required transformers, high voltage distribution cables, and secondary cables. 51. The subdivider shall be responsible for the cost of the Bureau's assigned inspector during construction. 52. The subdivider shall furnish and install Code-sized service cables in code-sized conduit from each house to the nearest secondary pullbox. The Bureau will connect the serviced to the secondary distribution system. 53. The subdivider shall furnish easements and access to all electrical utility facilities that are in the private properties, at no charge to the Bureau. 54. The subdivider shall furnish and install service equipment for each house. The service equipment shall meet Electric Utility Service Equipment Requirement Committee standards. 55. The Bureau will take over ownership and will be responsible for maintaining all new substructures for undergrounding primary and secondary circuits, and distribution transformers once the improvements have been inspected and found to have been properly installed. The subdivider or successor property owners shall be responsible for the service cables and service equipment. 56. The subdivider shall be responsible for all expenses involved in the duct system engineering design, plan check, and electrical construction inspection. 7 57. The subdivider shall submit two sets of approved drawings showing the required electric utility facilities EAST BAY MUNICIPAL UTILITIES DISTRICT 58. The subdivider shall be responsible for a water main extension to serve the project, whose design shall be shown on the Improvement Plan to the satisfaction of the East Bay Municipal Utilities District and the City Engineer. The subdivider may also be responsible for off-site improvements related to fire flow requirements. ALAMEDA FIRE DEPARTMENT 59. The subdivider shall be responsible for the placement of a maximum of seven (7) hydrants. The fire flow for the development shall be 2500 G.P.M. from any two hydrants with a minimum flow of 1250 G.P.M. from any one hydrant flowing simultaneously for a duration of 120 minutes. Placement shall be shown on the Improvement Plan and shall be to the satisfaction of the Fire Chief. 60. All streets and courts within the development shall be marked as fire access roads to the satisfaction of the Fire Chief. Parking shall only be permitted within designated guest parking areas. EASEMENTS 61. The Final Map and Improvement Plans shall show all existing and proposed easements. 62. The subdivider shall be required to dedicate all utility easements as requested by each of the various utility companies and by the City Engineer's office 63. Open space parcels within the subdivision shall be restricted by non-development, private open space easements. 64. The typical lot layout detail indicates a joint trench split between adjacent property owners. An easement shall be shown on the Final Map where the service passes through one lot to serve the adjacent lot. 65. No encroachments into any public or private easement shall be permitted, except private wood fences, landscaping and paving , unless specifically approved by the City Engineer or the applicable Utility. This includes eaves, foundations, chimneys, etc. No masonry, heavy wall or permanent structures shall be permitted within any easement. LOT NUMBERING 66. The lot numbers on the Final Map shall correspond to the lot numbering on the approved Tentative Map. 8 MITIGATION MONITORING P0]GRAM 67. The Grading and Improvement Plans shal incorporate the recommendations ofthe Geotechnical Investigation prepared by Berlogar Geotechnical Consultants for the following: a. .Site preparation measures to avoid seismic ground failure, including the construction ofuu engineered fill cap with a fabric filter on the areas subject to liquefaction. b. During construction the applicant will be required to provide a sufficient setback of the excavated area from existing structures and pavement which may be subject to instability due to excavation, or to use appropriate support structures or stabilization methods. c. .ITtility trenches shall be excavated and refihled according to the procedures recommended in the Geotechnical Investigation, including sloping and shoring of trench walis deeper than 5 feet, use of only approved fihl materials, maintenance of proper moisture and compaction standards, and other requirements. 68. Prior to the issuance ofa Grading Permit, of the Improvement Plans or the recordation ofthe Final Map, the subdivider shall be responsible for preparation of a Storm Water Pollution and Prevention Plan and approval by the City of Alameda, the ACFCWCD and the SWRCB. The drainage plan for the pr ject must also meet the City's Urban Runoff Guidelines. The SWPPP shall provide controls on the storage and handling of toxic and hazardous materials, detention basins, and similar measures to be employed during construction. 69. The site shall be regularly watered to co/troidust during construction period and all trucks hauling earth materials or other materials which have the potential to contribute to dust emissions shall be covered with a tarp or other suitable material. 70. Prior to the issuance of any building permit, the subdivider shall be responsible for contributing on a pro rata basis to the cost of spccific transportation improvement projects. cnx� t The subdivider's share of the total cost shall be based on the project's average AM and PM peak hour traffic increase as a percentage of the total growth in peak hour traffic between 1447 and pr jcctcd 2010 conditions at the intersection which is adversely impacted by cumulative development including the project. The subdivider shall pay this amount to the Ci , as adjusted from September 1996 (date of provision of estimate from City Engineer) to the date of payment by the Engineering News Record Construction Cost Index for the San Francisco/Bay Area. 9 Alternatively, the subdivider may work with the Public Works staff to arrange payment schedule acceptable to Public Works. The projects to which the subdivider shall contribute a pro rata share shall include: a. The Tinker/Tynan Roadway Extension, for which the subdivider's share has been determined to be 1.7% of the cost of these projects, based on projected traffic increases at the intersection of Atlantic Avenue and Webster Street. A portion of the contribution may be expended on the Mitchell Mosely Roadway project. b. The needed traffic controls at the intersections of Atlantic Avenue and Challenger Drive, and of Marina Village Parkway and Challenger Drive, for which the subdivider's share has been determined to be 1.2% and 2.0% respectively of the cost. c. A program of improvements within the city limits of Oakland to vehicle access between Interstate-880/the Nimitz Freeway and the Webster and Posey Tubes, for which the subdivider's share has been determined to be as follows: The off-ramp to Martin Luther King Jr. Way, from southbound 1-880 (Cypress structure), based on a 0.7 percent increase in traffic on the Jackson Street Off-Ramp, and generally on local Oakland streets; 2. The slip off-ramp to the Webster Tube, from the Jackson Street off- ramp from southbound 1-980, based on a 2.9 percent increase in traffic on the intersection of Broadway and 5th Street; The on-ramp from south ofJackson Street to southbound 1-880, based on a 2.2 percent increase in traffic on the intersection of Harrison and 7th Streets; 4. The on-ramp from the Posey tube exit to northbound 1-880, based on a 2.2 percent increase in traffic on the intersection of Harrison and 7th Streets; and 5. The slip off-ramp to Webster Street, from northbound 1-880, based on a 1.3 percent increase in traffic at the intersection of Broadway and 6th Street. 71. Acoustical treatments shall be provided by the subdivider to minimize the noise levels for future homes which back up to Buena Vista and Atlantic Avenues (lot numbers 1, 8, 9, 10, 29 through 37, and 77 through 83.) and to comply with the City Noise Ordinance. The treatments shall include a solid wood fence, without any gaps, of at least 5 feet in height along Buena Vista Avenue, and an 8-foot high wall designed to mitigate the identified noise impact along Atlantic Avenue. In addition, in order to deflect noise transmitted through the open fence proposed along the 10 Atlantic Avenue side of the mini-park, solid wood fences are required along the property line between the mini-park and the adjoining homes, and along the rear property line of the two homes closest to Atlantic Avenue at the northwest corner of the subdivision to be constructed as part of the subdivision improvements. 72. The subdivider shall be required to survey conditions on Buena Vista Avenue, Webster Street and other streets specified by the City Engineer before and after the primary soil excavation activity to identify locations where repairs are required to Buena Vista Avenue and other roadways adversely impacted by excavation trucks. Repairs or maintenance shall be to the satisfaction of the City Engineer. PLANNED DEVELOPMENT 73. Prior to the recordation of the Final Map, all applicable conditions of approval of Planned Development PD-97-4, pertaining to subdivision improvements shall be satisfied. The subdivision shall be constructed to comply with PD-97-4. PROJECT AREA HOUSING PRODUCTION REQUIREMENT 74. Prior to the recordation of the Final Map, the subdivider shall have entered into an agreement with the Community Improvement Commission regarding compliance with the project area housing production requirement as under redevelopment law. SUBDIVISION AGREEMENT/FINANCIAL GUARANTEE 75. In accordance with Section 30-85.3 of the Alameda Municipal Code, prior to the recordation of the Final Map, the subdivider shall execute and file an agreement to be approved by the City Council between the subdivider and the City specifying the period within which the subdivider shall complete all improvement work shall be completed in accordance with the approved Tentative Map, the Improvement Plan and to the satisfaction of the City Engineer providing that if the work is not completed work within the specified period, the City may complete the work and recover all costs and expenses from the subdivider or successor in interest. The subdivider shall post sufficient financial guarantee to guarantee construction of the improvements as determined by the City Engineer. 76. A separate agreement and financial guarantee shall be required for installation of the landscaping of streets, common areas and parking strips along Buena Vista Avenue adjacent to the site as well as a minimum two year maintenance period from approval of landscape installation, or acceptance of the improvements, whichever occurs later. The beginning of the maintenance period shall be establish by the City Engineer after inspection and approval of the landscape installation per the approved landscape plan. 11 MYLAR COPY OF FINAL MAP 77. Prior to the City Council approval or the recordation of the Final Map, the subdivider shall post a sufficient financial guarantee for a Mylar copy of the recorded Final Map. 78. As-built and reproducible Mylar copies of the improvement and landscaping plans shall be provided to the City Engineer. CONDITIONS, COVENANTS AND RESTRICTIONS 79. In conjunction with the Improvement Plans, the subdivider shall submit a copy of the proposed Conditions, Covenants and Restrictions (CC&R's) which shall establish a Homeowners' Association of which all property owners must be a member, provide for the maintenance of all common facilities, such as streets and utilities, not accepted for maintenance by a public agency, and include a stipulation that the Homeowners' Association is responsible for maintenance of landscaping along the streets, cull-de-sacs, open space and City-owned property along Buena Vista Avenue, perimeter fencing and sound walls, and retaining walls. Additionally, the CC&RS shall stipulate The CC&RS shall be reviewed and found satisfactory by the Planning Director in consultation with the City Engineer and City Attorney prior to the recordation of the Final Map. 80. All streets and street lighting within the development shall be privately maintained by the Homeowners' Association and have public access. 81. Prior to the application for any building permit for the site, two copies of the approved and recorded CC&RS shall be submitted to City Engineer and Planning Director. VESTING 82. The subdivider shall record the Final Map within twenty-four (24) months of approval, or conditional approval, of the Tentative Map by the City Council. An extension of time, not to exceed an additional twelve (12) months, for the filing of the Final Map may be granted by the City Council providing written application is made by the subdivider prior to the expiration of the approved or conditionally approved Tentative Map. Revised 3/19/98 12 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 17th day of March , 1998, by the following vote to wit: AYES: Councilmembers Daysog, Lucas and Acting President DeWitt - 3. NOES: Councilmember Kerr - 1. ABSENT: Mayor Appezzato - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 18th day of March , 1998. Dia e Felsch, City Clerk City of Alameda