Resolution 13219CITY OF ALAMEDA RESOLUTION NO. 13 219
APPROVING A PARCEL (DISPOSITION) MAP FOR A PROPOSED MIXED USE
DEVELOPMENT TO BE LOCATED ON A 215 ACRE SITE ENCOMPASSING THE
ALAMEDA FLEET AND INDUSTRIAL SUPPLY CENTER AND ANNEX AND NAVAL AIR
STATION (NAS) ALAMEDA EAST HOUSING, CATELLUS DEVELOPMENT CORPORATION
WHEREAS, an application was made on October 26, 1999 by Catellus Development
Corporation requesting approval for a Parcel (Disposition) Map that divides the 215 acre project site
into parcels that can be transferred from the City to the Catellus Development Corporation in phases
and allow for development of approximately 1,300,000 gross square feet of office and/or research
and development space, 500 housing units, and sites for parks, public open space, a school, and a
39 unit multiple family project for formerly homeless families located on a 215 acre site
encompassing the Alameda Fleet and Industrial Supply Center and Annex and Naval Air Station
(NAS) Alameda East Housing. The project would be completed in phases over a multi -year period,
depending on market conditions. The project would include associated parking and landscaping, and
a minimum of eleven acres of public shoreline access; and
WHEREAS, a draft of the Parcel (Disposition) Map was received on October 26, 1999, was
accepted as being complete on November 25, 1999 and revisions were accepted on May 4, 2000; and
WHEREAS, on May 13, 2000, the Pla lining Board of the City of Alameda recommended that
the City Council adopt a Final Environmental Impact Report, Findings of Overriding Consideration,
and a Mitigation Monitoring and Reporting Program to address the environmental impacts related
to this Project; and
WHEREAS, the subject property has been recommended by the Planning Board for General
Plan designations of Business Park, Medium Density Residential, Public/Institutional, and Public
Open Space on the General Plan Diagram; and
WHEREAS, the subject property has been recommended by the Planning Board for rezoning
to the MX, Mixed Use Planned Development District and a Master Plan for the land portion of the
project site has been recommended for approval with conditions by the Planning Board; and
WHEREAS, the proposal is consistent with the Business Park, Medium Density Residential,
Public/Institutional, and Public Open Space General Plan designations and the requirements of the
MX, Mixed Use Planned Development District; and
WHEREAS, the subject site is located within the boundaries of the Business and Waterfront
Improvement Project (BWIP), and the Alameda Point Improvement Project (APIP); and
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WHEREAS, the City Council has made the following findings:
1. The Parcel (Disposition) Map provides a mechanism for the City and Alameda Reuse
and Redevelopment Authority (ARRA) to transfer the site to the CIC and divides the
business park portion of the Project site into parcels that can be transferred, in turn,
from the Community Improvement Commission (CIC) to Catellus in phases. The
Map defines non - buildable parcels created to facilitate transfer of ownership. The
Parcel (Disposition) Map does not create parcels or lots with entitlements to
construct any improvements or buildings on these parcels. The parcels are intended
to correspond to development phases within the business park which is divided into
six phases. The residential area is shown as one parcel which will be divided into
phases using a phased Tentative Map. The residential area would be subject to
subsequent approval of separate tentative maps, with conditions of approval, and
final maps for each individual phase. The business park would be subject to City
approval of subsequent parcel maps, to further subdivide the parcels where needed,
prior to issuance of building permits.
2. The City Council has been advised that subject to meeting City standards and
requirements, the proposed General Plan Amendment would substantially conform
to the adopted Community' Improvement Plans (CIP) for the Business and
Waterfront Improvement Project (BWIP), as proposed to be amended, the Alameda
Point Improvement Project (APIP) and the General Plan policies incorporated by
reference within the CIPs; and
3. The proposed Parcel (Disposition) Map favorably relates to the General Plan and
would serve the community interest; and
4. The City Council has been advised that subject to meeting City standards and
requirements, the proposed General Plan Amendment would substantially conform
to the adopted Community Improvement Plans (CIP) for the Business and Waterfront
Improvement Project (BWIP), as proposed to be amended, the Alameda Point
Improvement Project (APIP) and the General Plan policies incorporated by reference
within the CIPs; and
WHEREAS, the City Council held a public hearing on this application on May 31, 2000, and
examined 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 is
proposed to be amended to specify medium density residential and public open space
use for this site.
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2. The Parcel (Disposition) Map is in substantial conformance with the land uses, street
sections, development regulations, parking standards, and park and open space
guidelines established in the Master Plan.
3. The site is physically suitable for the proposed residential and business park project.
All existing structures relating to the former use will be removed. The site will be
graded to accommodate the proposal.
4. The site is physically suitable for the proposed density of development. The
residential density is less than the maximum density of one dwelling unit per 2,000
square feet of parcel area and the business park density is consistent with the Master
Plan.
5. The design ofthe subdivision and proposed improvements will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat. A Final Environmental Impact Report has been prepared which evaluated
the environmental impacts of the Project and the Master Plan, which established
guidelines with which the Tentative Map must be consistent, incorporates all the
mitigation measures described in the Final EIR, but will have significant adverse
effects on a) demolition of existing vacant military housing units; b) health risks
from hazardous materials (if the AUSD does not incorporate mitigations measures);
c) traffic and circulation (if the City of Oakland does not incorporate mitigations
measures); d) regional air emissions; e) generation of solid waste and f) cumulative
regional housing, cumulative traffic and circulation, cumulative air quality, and
cumulative generation of hazardous materials' and, therefore, requires a Statement of
Overriding Considerations, as established in the City Council Resolutions
recommending certification of the Final EIR and adopting findings for the
Environmental Impact Report.
6. 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 existing easements on the site including an Alameda
Power and Telecom Power Pole Easement and Transmission Line Easement, a street
widening easement for Atlantic Avenue improvements, and various other utility
easements.
7. The design of the subdivision or the type of improvements will not cause serious
public health problems. The proposal is for residential and business park uses at the
site.
8. The proposed and existing land uses are suitable in relationship to each other.
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9. By complying with the Master Plan, the design of improvements on the land subject
to the Parcel (Disposition) Map will be of high quality.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda
hereby approves the Parcel (Disposition) Map, that divides the 215 acre project site into parcels that
can be transferred from the City to the Catellus Development Corporation in phases, subject to the
following conditions.
ABBREVIATIONS AND REFERENCES
Within this document, the following abbreviations and documents are used and defined as follows;
Abbreviations
APT: Alameda Power and Telecom
BAAQMD Bay Area Air Quality Management Board
BMP: Best Management Practices
CIC: Community Iinprovement Commission
CC &Rs: Conditions Covenants and Restrictions
FEMA: Federal Emergency Management Agency
HOA: Homeowners Association
MDIGP: Master Demolition Infrastructure Grading and Phasing Plan
RWQCB: Regional Water Quality Control Board
URCWP: Urban Runoff Clean Water Program
Documents
• EIR: Catellus Mixed Use Development Draft Environmental Impact Report, dated
December, 1999. Final EIR dated April 2000, as approved by City Council Resolution No.
• Master Plan: Catellus Alameda Project Master Plan, MP 99 -01, dated April, 2000, as
amended by and approved by City Council Ordinance No.
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• DA: Development Agreement, dated May, 2000, as approved by City Council Ordinance
No.
• DDA: Disposition and Development Agreement, dated May, 2000, as approved by motion
of the Community Improvement Commission.
• MMRP: Mitigation Monitoring and Reporting Program, dated March, 2000, as approved
by City Council Resolution No.
• Tentative Map: Tentative Map Tract 7179 dated May, 2000, as approved by City Council
Resolution No.
GENERAL
1. The Parcel (Disposition) Map approval shall not be in force and effect unless and until the
following have been approved by the City Council and are in effect:
a) General Plan Amendment GPA- 99 -05,
b) Rezoning R- 99 -04, and
c) Master Plan MP- 99 -01.
2. The Parcel (Disposition) Map submitted for recordation shall be constructed in substantial
compliance with the map document titled "Catellus Parcel (Disposition) Map" prepared by
BKF dated May 2, 2000, consisting of 9 sheets, marked Exhibit "A" and on file with the City
of Alameda Planning Department.
3. The Parcel (Disposition) Map creates non - buildable, transferable parcels for the business
park area to allow the transfer of ownership. It does not create parcels or lots with rights or
entitlements to construct any improvements or buildings until, a Development Plan is
approved.
4. The Parcel (Disposition) Map will serve as the Record of Survey for this property. The
Parcel (Disposition) Map shall include site monumentation and shall resolve all boundary
issues related to the FISCICatellus Project.
5. The City or the City's agent shall complete Parcel (Disposition) Map prior to the sale or
transfer of any Parcel and file it with Alameda County Recorder's Office.
6. The Parcel (Disposition) Map does not create transferable lots for the residential area. It
creates one large remainder parcel for the residential development.
7. The Developer shall comply with all applicable terms and conditions set forth in the
approved Development Agreement (DA).
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8. The Developer shall comply with all applicable terms and conditions set forth in the
Disposition and Development Agreement (DDA).
9. The Developer shall comply with the approved Project Master Plan MP 99 -01.
10. The Developer shall pay for and construct all improvements to private land and implement
any condition/mitigation applicable to private Iand.10. The Developer shall pay all required
Development Impact Fees in accordance with EIR mitigation and/or Development
Agreement.
11. The Developer (or City, as applicable) shall provide proof of payment to outside utility
providers for all required service fees consistent with the DA and DDA or other applicable
document.
12. Phasing for the business park shall be designated on the Parcel (Disposition) Map. Any
subsequent changes to the phasing shown on the Parcel (Disposition) Map shall be in
conformance with the terms and conditions of the DDA. Improvements for each Phase shall
be designed and constructed in accordance with the Phasing Plan included in the MDIGP.
Improvement Plans (construction documents) and construction phasing shall be provided to
the City Engineer for each phase of construction for each phase of the project for the private
and public infrastructure, including` sequencing of roadway improvements, prior to approval
of Improvement Plans. Phasing shall be in substantial conformance with the Phasing Plan
attached to the City Council Ordinance approving the Master Plan, as may be amended
consistent with the Disposition and Development Agreement.
PARCEL MAPS
13. The Parcel Map and the Project as constructed shall be in substantial compliance with the
plans prepared by Brian Kangas Foulk Engineers dated May 2, 2000, titled Parcel
(Disposition) Map FISC/NAS Alameda, California, consisting of 9 sheets, marked as Exhibit
B and on file in the Office of the City of Alameda Planning Department.
14. The Developer shall not file or record any Parcel Map until the City acquires possession of
all land within the project area.
15. The City or City's Agent shall provide a legal description of each parcel being transferred
from the City to the Developer for review and approval by the City Engineer prior to the
transfer of title.
16. If further subdivision of any business park parcel is required, the Developer shall submit to
the City a Parcel Map for that phase of development of the business park area for review and
approval by the City Engineer and Planning Board, and adoption by the City Council prior
to approval of Development Plans.
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17. The subdivided parcel map shall be recorded prior to the issuance of building permits.
18. At the City Engineer's sole discretion grading permit may be issued after approval and prior
to recordation of Parcel Map.
HOLD HARMLESS
19. In the event of any legal action instituted by a third party challenging the validity of this
Parcel (Disposition) Map, the procedures leading to its adoption or issuance of project
approvals (including subsequent approvals) for the Project, Developer and the City each shall
have the right, in its sole discretion, to elect whether or not to defend such action, to select
its own counsel (and pay for such counsel at its own expense), and to control its participation
and conduct in the litigation in all respects permitted by law. If both Parties elect to defend,
the Parties hereby agree to affirmatively cooperate in defending said action and to execute
a joint defense and confidentiality agreement in order to share and protect information, under
the joint defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Developer shall coordinate their defense in order to make the
most efficient use of legal counsel and to share and protect information. Developer and City
shall each have sole discretion to terminate its defense at any time City retains the option
to select and employ independent defense counsel at its own expense. If, in the exercise of
its sole discretion, Developer agrees to pay for defense counsel for City, the Developer shall
jointly participate in the selection of such counsel. Notwithstanding the provisions of
California Government Code Section 66474.9, City shall not require, as a condition for a
Parcel Map application or approval, or any other applications for Project approvals, that
Developer defend, indemnify or hold harmless the City from any claim, action or proceeding
against the City to attack, set aside, void or annul a City approval concerning development.
DEVELOPMENT PLAN
20. For the residential portion of the Project, Development Plans shall be submitted as required
by the Catellus Tentative Map, as approved by City Council Resolution
21. Within the Business Park, a Development Plan shall be required for each Phase to establish
the overall concept for site layout, building design and landscaping. The application for
Development Plan shall include detailed site plans, building design and landscape treatments,
location of construction trailers, etc. The first Development Plan for the business park shall
also include an overall sign program and conceptual landscape plan for the whole business
park.
22. Each building shall be subject to design, review. The design review process would provide
for review of architectural design and building facades, building materials, colors, etc. The
Development Plan and major design review process may occur concurrently, in accordance
with the Joint Implementation Agreement.
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SOILS REPORT
23. With the submission of each Improvement Plan, the Developer shall submit site specific
geotechnical soils and foundation studies, reports, and recommendations in regards to
underlying soils, future subsidence, consolidation, liquefaction, seismic safety, water table,
marsh crust, salt water backflow throughout the perimeter of the Project, and foundation of
structures. All improvements shall reflect the recommendations contained within the reports.
The reports shall be filed with the City Engineer in conjunction with the Improvement Plans.
The soils engineer will review all field work including, but not limited to, excavation,
shoring and trenching.
24. With the submission of each Development and Improvement Plan, the Developer shall
submit site assessment report for hazardous materials, site soils and site ground water if
required by third party regulatory agencies.
HAZARDOUS MATERIALS
25. Prior to the approval of the Improvement Plans, the Developer shall comply with the
hazardous materials requirements in the Mitigation Monitoring and Reporting Program and
to the satisfaction of the City Engineer.
IMPROVEMENT PLANS AND SPECIFICATIONS
26. The City's Community Improvement Commission (CIC) shall pay for the design,
construction and maintenance of (and the City will own and maintain) all improvements to
the public open space (e.g. Wharf, Promenade) and backbone infrastructure (e.g. major roads
and utilities) including Tinker Avenue, Fifth Street, Mitchell- Mosley, Atlantic Avenue,
Mariner Square Loop and Office Park Access Drive and intersection improvements. The City
or the City's Agent will be responsible for the design and construction of offsite backbone
infrastructure.
27. All applicable conditions of the Disposition and Development Agreement (DDA) between
the Community Improvement Commission (CIC) and the City of Alameda, and the
Development Agreement (DA) between the City of Alameda and the Developer must be
satisfied by all appropriate parties.
28. The Developer shall comply with all applicable conditions of approval of the Master Plan
MP 99 -01 and each Development Plan pertaining to each parcel improvement. The
Developer shall construct the parcel improvements in accordance with the approved MP
99 -01 and applicable Development Plan.
29. Prior to or in conjunction with submittal of a Building Permit, the City or City's Agent shall
submit engineered Improvement Plans (including specifications and cost estimates) for
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approval by the City Engineer. The Improvement Plans shall include but not limited to the
required onsite and offsite infrastructure necessary for that phase of construction, all
engineering calculations necessary to substantiate design, proposed roadways, drainage
improvements, utilities, traffic control devices, retaining and/or soundwalls, sanitary sewers,
and storm drains, pump /lift stations, common area landscaping and other Project
improvements.
30. The Improvement Plans (including specifications and cost estimates) shall be consistent with
City Standards, and shall be in substantial conformance with the Project Master Plan MP
99 -01, the MDIGP, and to the satisfaction of City Engineer. In the event of a conflict the
Master Plan MP 99 -01 shall govern. Any waiver of this requirement must be expressed in
written form and signed by the City Engineer. All improvement plans shall be submitted in
AutoCad 2000 foi�uat and shall be consistent with Alameda Standards.
31. The City of Alameda shall review, inspect and approve all infrastructure and improvements
on both public and private land. The Developer shall pay for all review, inspection and
approvals required non backbone infrastructure, as defined in the DDA.
32. The City or City's Agent shall coordinate the design of all the required public backbone
infrastructure and the Developer shall coordinate the design of all private infrastructure with
all other utility companies that may be affected by the new backbone and private
infrastructure prior to the approval of Improvement Plans by the City Engineer.
33. The City or City's Agent shall obtain all required permits related to the backbone
infrastructure and the Developer shall obtain all required permits related to the private
infrastructure' by all outside agencies prior to the approval of Improvement Plans by the City
Engineer.
MASTER DEMOLITION,' INFRASTRUCTURE, GRADING AND PHASING PLAN
34. The City or City's agent shall submit applications and plans for a Master Demolition,
Infrastructure, Grading and Phasing Plan (MDIGP), in conformance with condition no. 8 of
the Master Plan Resolution PB- 00 -41, for the Project as a whole prior to or in conjunction
with the application for the Development Plan for the first phase of development. The
MDIGP shall include the same level of detail as that typically required for tentative maps (as
defined in Alameda's Tentative and Parcel Map Ordinance, Alameda Municipal Code 30 -78),
including utilities, infrastructure, public parks, utility easements, preliminary grading as well
as phasing for the installation of utilities and infrastructure. The MDIGP shall define
backbone infrastructure required to serve the Project and shall be coordinated with the
Tentative Map for the residential development to connect major streets and utilities.
35. The MDIGP submittal shall also include detailed phasing plans for the design and
construction all backbone improvements for the project site. The phasing of improvements
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shall be consistent with the Phasing identified on the Parcel (Disposition) Map for the
business park.
36. The MDIGP shall include demolition plans for removal of existing structures, foundations,
and utilities within the Project site.
37. The MDIGP shall be submitted and approved by all affected utility providers and approved
by the City Engineer.
CITY MONUMENTS AND SURVEYING
38. Standard City monuments shall be provided at all exterior property corners, angle points and
all other control points or to the satisfaction of the City Engineer. Survey data shall be per
Alameda Datum or tied to other City monuments. All monuments shall be preferably 10 feet
from all utility lines. On storm drains or sanitary sewer mains and under special
circumstances, the distance may be reduced to eight (8) feet clear. Where a manhole is in
potential conflict, there shall be a minimum clear space of seven (7) 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 be a minimum clearance of five (5) feet. All
monumentation shall be in conformance with the Parcel (Disposition) Map, and legal
descriptions for property transfer from Navy to City unless resolved otherwise by the City
Engineer.
39. Grading and improvement plans shall be based on Alameda Datum and referenced from City
monuments.
RETAINING /SOUND WALLS
40. The Developer shall provide as necessary and as part of their on -site Improvement Plan
submittal, detailed structural calculations and design details for retaining and sound walls
which are required for the Project. Walls shall incorporate drainage features to ensure proper
drainage of the site. The aesthetic design shall be to the satisfaction of the Planning Director.
The structural and drainage design shall be to the satisfaction of the City Engineer.
41. Engineered retaining wall over three (3) feet in height and sound walls shall be constructed
of approved durable material to the satisfaction of the City Engineer and Planning Director.
The soundwall along Atlantic Avenue shall be designed to minimize the visual separation
between the Project and adjacent residential areas in the West End.
GRADING/DRAINAGE
42. Prior to the transfer of the first Parcel Map and approval of first phase of Improvement Plans
the City or the City's Agent shall submit a Flood Plain Study and delineation map for
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approval by the appropriate regulatory agencies. The studies shall be in conformance with
Federal Emergency Management Agency (FEMA) requirements and consistent with the
MDIGP.
43. Prior to the approval of each phase of on -site Improvement Plans, a grading plan with
appropriate erosion control measures shall be required for each building phase within the
business park. The grading plan shall show all adjacent properties sufficient to assure that
the proposed grading does not impact adjacent lands and shall incorporate drainage features
necessary to assure continued drainage from adjacent properties. The grading plan shall be
consistent with MDIGP and shall meet all RWQCB requirements. The grading plan shall
minimize the need for off haul from the Project site. The grading plan shall incorporate all
elements of the soils report and will include a pre and post consolidation plan. The grading
plan shall be prepared to the satisfaction of the City Engineer.
44. Surface drainage must slope away from each commercial building draining to the front yard
at a minimum of one (1%) slope in accordance with the Alameda Design Criteria and to the
satisfaction of the City Engineer.
45. Parcel lot drainage shall be designed to provide a minimum of one (1 %) slope after
settlement if future settlement/consolidation is predicated to the satisfaction of the City
Engineer.
46. No drainage across any parcel lot line other than onto streets or common areas shall be
permitted, unless approved by the City Engineer.
47. Minimum gutter grades shall be 0.4% and 0.6% around curb returns.
URBAN RUNOFF
48. The Developer shall incorporate into the Development Plans for each business phase,
URCWP features to minimize pollutant discharge into the storm drain system.
49. The Developer shall include details for site design which meet design requirements of the
RWQCB (See letter dated April 19, 2000). These shall be included in the Development Plan
for each phase and incorporated in site plans as shown in Design Review applications.
50. Prior to the issuance of a Grading Permit and approval of the on -site Improvement Plans, the
Developer shall be responsible for the preparation of a Storm Water Pollution and Prevention
Plan (SWPPP) and approval by the City of Alameda, ACFCWCD and RWQCB. The
drainage plan for the project 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.
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51. The Improvement Plans shall include and meet all necessary requirements of the Alameda
Countywide Clean Water program and be to the satisfaction of the City Engineer.
52. The Improvement Plans shall show planned methods by which entry of pollutants to the
stoini 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
53. In conjunction with submittal of Grading Plans, the Developer shall file a Notice of Intent
for storm water discharge with the Regional 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 /JOINT UTILITIES
54. All curbs, gutters, and sidewalks within the Project shall be installed in accordance with City
of Alameda standards, except as provided in the approved Project Master, Plan MP 99 -01.
No rolled curbs shall be permitted.
55. Sidewalks within the business park development shall be a minimum of five (5) feet wide
and shall be designed to City of Alameda standards, except as provided in the approved
Project Master Plan MP 99 -01.
56. The private driveways and parking lot structural section shall be designed per
recommendations in the soils report, to the satisfaction of the City Engineer.
57. Stop signs and markings shall be installed at each private driveway entrance onto a public
street.
58. Commercial driveways shall have a minimum thickness of six (6) inches of concrete.
59. Joint trenches under sidewalks shall include telephone, electrical, communication, television,
and gas lines. The trench width and depth shall meet the standards of the utility companies
and the City Engineer.
60. Water lines shall be installed in accordance with the requirements of
Utility District and to the satisfaction of the City Engineer.
e East Bay Municipal
61. All utilities shall be installed underground, except as required by appropriate utility
providers. Clearances between utility mains, sewers, structures or other objects shall be to
the satisfaction of the City Engineer.
62. Wheelchair ramps shall be required on sidewalks where curb corners meet streets.
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63. Driveways shall not be constructed within 120 feet of street intersections except when lot
size prohibits this distance. In such cases driveways shall be as far from intersection as
possible and included with the on -site improvement plans.
64. Street stubs created within each phase shall be extended into the adjacent phase to include
a cul -de -sac with adequate turning radii in order to provide adequate turning movements on
the temporary dead -end street stubs within the Project prior to subsequent phases being
developed.
65. Traffic control, regulatory, warning, guide signs and markings (including fire hydrant
pavement markers) shall be installed in confoinnance with the Manual of Unifolin Traffic
Control Devices and as required by the City Engineer.
66. Transit stops shall be designed and installed by CIC to include shelters, benches,
illumination, time clocks, and waste receptacles. Either parking shall be prohibited or turn
outs provided at transit stops. Access ways for passengers shall be clear of obstructions.
Design shall be in accordance with Project Master Plan MP 99 -01.
67. The City or City's Agent shall be responsible for installation of all public street signs within
the development and along major streets adjacent to the development. Signs shall be in
accordance with approved Master Sign Plan and City Standards and locations shall be to the
satisfaction of the City Engineer.
68. The City or City's Agent shall provide street light spacing and illumination requirements, and
design to the satisfaction of the AP &T, City Engineer and Planning Director. 'Street lighting
of intersections, public access ways, and transit stops shall be included.
69. Developer may provide at Developer's expense, additional lighting at the Project entrances.
On going costs for operations and maintenance shall be by a maintenance agreement. Design
and installation shall be reviewed and approved by City Engineer and Planning Director.
LANDSCAPING
70. Street and walkway tree plantings shall be in compliance with Project Master Plan MP 99-
01, the MDIGP, and approved Development Plans and Improvement Plans. The City or
City's Agent shall prepare detailed planting and landscaping plans for each of phase of the
backbone streets. In particular, the landscaping and sound wall area along Atlantic Avenue
shall be designed to provide an attractive streetscape as well as the necessary sound
attenuation. The landscaped sound wall area shall not present a barrier, but serve to create
an open, welcoming entryway that allows the new neighborhood to be an extension of the
existing community. The Developer shall prepare detailed planting and landscaping plans
for the area that is back of sidewalk on privately owned lots, adjacent parking lots and
common areas. These plans shall be prepared to the satisfaction of the City Engineer and
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Planning Director, and shall be submitted in conjunction with each Improvement Plan or
on -site improvement plan as appropriate. Clearances of trees from street improvements and
furnishings shall be as follows unless otherwise approved by City Engineer.
a) Fire hydrants - 6 feet.
b) Driveways (top of wing) - 3 feet.
c) Stops 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 reduced to 20 feet, if needed.
e) Sewer mains or laterals, gas lines (main and service), water, telephone,
communication and electrical mains - 5 feet.
f) Storm drains - 2 feet.
g) Street trees shall have curbed protection from street pavement.
h) Bus Stops - 10' clearance at each bus doorway.
71. Deep root barriers shall be required for all trees planted adjacent to curbs, sidewalks and
other pavements, to the satisfaction of the City Engineer.
72. Landscaping and irrigation shall be in accordance with Alameda Municipal Code Section
30 -58 (Water Conservation/Landscaping), subject to the Disposition and Development
Agreement.
73. All fencing barriers, street tree curb protection, and header boards shall be designed and
installed to the satisfaction of the City Engineer.
PRIVATELY MAINTAINED OPEN SPACE, LANDSCAPING AND STREETS
74. The Developer shall provide a separate agreement and financing such as CC &R's, bonds,
landscape and lighting district or equivalent which will provide for the perpetual
maintenance and operation of landscaping behind the sidewalk, privately maintained
roadways, parking lots and private infrastructure. The agreement must be approved by the
City Engineer.
75. Prior to approval of first Parcel Map, the Developer shall provide an agreement, to the
satisfaction of the City Attorney, between the Business Park Association (BPA) and the City,
whereby the BPA assumes all responsibility for maintenance and liability of all private open
space, private parking lots, common area facilities and private improvements. The agreement
shall include a management plan, a weed abatement and maintenance plan for approval by
the City Engineer and implementation by the BPA.
76. The City or City's Agent shall substantially complete the construction of the wharf and
promenade prior to the issuance of Certificate of Occupancy for each building adjacent to
that portion of the wharf.
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SANITARY SEWERS AND STORM DRAINS
77. Prior to issuance of a building permit, City or City's Agent shall complete design, acquire
permits and construct the portion of sanitary sewer and storm drain systems required for that
phase of the development. The systems include outfall structures, retention basins, storm
drain pumps, modifications to existing sanitary and storm water systems, modifications to
existing pump and lift stations, and stoini drains. The backbone infrastructure shall be
designed and constructed in substantial conformance with the MDIGP, and be approved by
all regulatory agencies, and to the satisfaction of the City Engineer.
78. The Improvement Plans for onsite infrastructure shall be submitted by the Developer and
approved by the City Engineer prior to the issuance of building permits. The Improvement
Plans shall be in substantial conformance with the MDIGP.
79. 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.
80. Main sanitary sewer lines shall be a minimum 8" in diameter.
81 Public storm drain lines shall be a minimum of 12" in diameter.
82. The distance between storm drain manholes shall not exceed 350 feet.
83. Manholes shall be required at parcel boundaries to differentiate public /private facilities.
84. Two -way property clean-outs shall be installed at all building laterals.
85. Storm drains shall be designed to, handle 10 -year storm flows at MI33HW and 100 -year flows
at MSL with adjustment for global warming.
86. Concurrent with acceptance of work by the City Council for each phase of project, the
Developer shall dedicate that portion of the city public storm drain and sanitary sewer
system, as applicable.
87. The Developer shall be responsible for the cost of all City reviews and, inspections required
for on -site improvements.
88. Prior to approval of on -site Improvement Plans, the Developer shall provide at no cost to the
City easements on all private properties necessary for the operations and maintenance of the
sanitary and storm drain systems.
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89. Prior to approval of Improvement Plans, the City or City's Agent shall obtain EBMUD
approval for connections to EBMUD Interceptors.
ALAMEDA POWER & TELECOMMUNICATION (AP &T)
90. To provide electric service to the proposed development, primary line extensions will be
required in accordance with the MDIGP. Concurrent with submittal of Improvement Plans,
the Developer shall coordinate with the AP &T regarding power requirements.
91. The Developer shall provide all necessary on -site underground substructures, including
conduits, pull boxes, transformer pads, etc. per the AP &T specifications. AP &T will require
easements for all transformers, primary and secondary boxes, and conduits. AP &T will
furnish and install all required transformers, high voltage distribution cables, and secondary
cables. The Developer shall be reimbursed for improvements pursuant to the standard AP &T
agreement.
92. The Developer shall be responsible for the cost of AP &T's assigned inspector during
construction of onsite improvements.
93. The Developer shall furnish and install code -sized service cables in code -sized conduit from
each building to the nearest secondary pullbox. AP &T will connect the service to the
secondary distribution system.
94. Prior to approval of any Parcel Map, the Developer shall furnish easements and access to all
electrical utility facilities that are on the private properties, at no charge to AP &T.
95. Prior to issuance of Certificate of Occupancy, the Developer shall furnish and install service
equipment for each building. The service equipment shall meet Electric Utility Service
Equipment Requirement Committee standards.
96. Concurrent with acceptance of work by City Council, the Developer shall dedicate and
AP &T shall take over ownership of public system 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 developer or successor property owners shall be responsible for the service
cables and service equipment.
97. The Developer shall be responsible for all expenses involved in the on -site duct/joint trench
system including engineering design, plan check, and electrical construction inspection.
98. The Developer shall submit approved drawings showing the required electric utility facilities.
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99. Prior to approval of Improvement Plans for the appropriate phase of commercial
construction, and in accordance with MDIGP, the Developer shall design and construct
relocation and removal of high voltage and overhead lines, as required by AP &T.
EAST BAY MUNICIPAL UTILITIES DISTRICT (EBMUD)
100. In conformance with the DDA, the City or City's Agent shall design and construct a water
main extension to serve the project, whose design shall be in accordance with the MDIGP
and shown on the Improvement Plan to the satisfaction of the East Bay Municipal Utilities
District and the City Engineer.` The City and Developer also may be responsible for their
respective off -site improvements related to fire flow requirements.
101. Prior to approval of Improvement Plans, the Developer shall design and construct recycled
water lines as necessary to meet EBMUD requirements, provided recycle water is available
from EBMUD to the site, and in accordance with MDIGP.
102. In the event that EBMUD has provided recycled water to Alameda prior to submittal of each
Development Plan phase, the Developer shall provide service connections and meters for
recycled water usage and shall provide for future extensions at locations to be determined
by EBMUD and the City Engineer.
103. All on -site facilities, backflow devices, and connections shall be designed and constructed
by the Developer in accordance with standards specified by EBMUD and the City Engineer.
104. Prior to approval of on -site Improvement Plans, the Developer shall obtain EBMUD
approval of the proposed design and location of water service lines and meters.
105. Prior to issuance of building permit, the Developer shall pay for all service connection fees
and provide proof of payment to City.
ALAMEDA FIRE DEPARTMENT
106. Within the business park, the Fire Water System shall be submitted as part of the
Development Plans. The system shall be designed in accordance with the MDIGP and to the
satisfaction of EBMUD. The Developer shall be responsible for the placement of on -site
hydrants. The location and number of hydrants shall be established in Improvements Plans.
The fire flow for the development shall be 3000 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 30 minutes. Placement shall be shown on the Improvement Plans and shall be to the
satisfaction EBMUD, the City Fire Chief and the City Engineer.
107. All streets and courts within the development shall be marked as fire access roads to the
satisfaction of the Fire Chief. All roads shall be designed to handle fire apparatus weight of
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up to 35,000 pounds per axle. Parking shall be prohibited within the 20 feet width dedicated
as fire lanes. CC &R's shall include an enforcement mechanism.
EASEMENTS/DEDICATIONS
108. The Parcel Map and Improvement Plans shall show all existing, and proposed easements and
dedications for street and public use area and all utility corridors
109 Prior to approval of on -site Improvement Plans, the Developer shall be required to dedicate
and/or abandon all utility easements required for orderly development. The easements shall
be in accordance with the MDIGP, City/Navy Property transfer agreement, and as requested
by each of the various utility companies and by the City Engineer.
110. Open space parcels within the Project shall be restricted by non - development, private open
space easements. The Developer shall dedicate these easements prior to approval of the
on -site Improvement Plans.
111. The Developer shall dedicate easements for all utilities on private parcels, prior to approval
of the on -site Improvement Plans. An easement shall be shown on the Parcel Map where the
service passes through one parcel to serve the adjacent parcel.
112. No encroachments into any public or private easement shall be permitted, except 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. CC &R's shall include a restriction that individual
property owners are responsible for the cost of removing and reinstalling or repairing any
improvements including landscaping and paving installed in the easement areas.
113. The Developer shall provide for cross easements between privately owned parcels for
required public access and parking, prior to the issuance of any building permits.
PARCEL NUMBERING AND ADDRESSING
114. Each parcel shall be numbered or lettered and shall be consecutive.
115. The Development Plans shall include proposed addressing which shall be subject to review
and approval by the Building Official.
MITIGATION MONITORING AND REPORTING PROGRAM
116. Prior to the issuance of any building permit, the Developer shall comply with all the
conditions specified in the "Catellus Mixed Use Development Mitigation Monitoring and
Reporting Program" approved by the City of Alameda. The Mitigation Monitoring and
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Reporting Program specifies the responsible parties for the funding, implementation and
monitoring requirements.
117. Prior to the issuance of any building permit, the CIC shall contribute on a pro rata basis to
the cost of the specific transportation improvement projects detailed in the attached
Mitigation Monitoring and Reporting Program. The CIC's share of the total cost shall be
based on the project's projected PM peak hour traffic as a percentage of the total growth in
peak hour traffic between 2000 and projected 2020 conditions at the intersection which is
adversely impacted by cumulative development including the project. The cost of
improvements shall be based on the most recent estimate for the improvements escalated for
inflation. The fair share shall be based on the Project EIR and determined prior to approval
of the Parcel Map.
DISPOSITION AND DEVELOPMENT AGREEMENT
118. Prior to the recordation of the Parcel (Disposition) Map, the Developer shall have entered
into a Disposition and Development Agreement with the Community Improvement
Commission.
SUBDIVISION AGREEMENT/FINANCIAL GUARANTEE
119. In accordance with Section 30 -85.3 of the Alameda Municipal Code, prior to the recordation
of the Parcel Map, the Developer shall execute an agreement between the Developer and the
City for approval by the City Council specifying the period within which the Developer shall
complete all on-site improvement work. The improvements shall be completed in
accordance with the approved Parcel (Disposition) Map, the MDIGP, the Improvement Plans
and to the satisfaction of the City Engineer. The Agreement shall provide that if the work is
not completed within the specified period, the City may complete the work and recover all
costs and expenses from the Developer or successor in interest. The Developer shall post
sufficient financial guarantee to guarantee construction of the improvements as determined
by the City Engineer.
120. Prior to acceptance of the improvements, the CIC shall execute a separate agreement and
financial guarantee with the City for installation and perpetual maintenance of landscaping
of streets, common areas and parking strips along Tinker Avenue, Fifth Street, Mitchell
Mosley, Mariner Square Loop and Office Park Access Road adjacent to the site The
beginning of the maintenance period shall be established by the City Engineer.
MYLAR COPY OF PARCEL MAP AND AS- BUILTS
121. Prior to City Council approval, the Developer shall submit a Mylar copy of the Parcel Map.
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122. The Developer shall provide as -built and reproducible Mylar copies of the infrastructure
improvement and landscaping plans to the City Engineer within 30 days of completion of
construction.
CONDITIONS, COVENANTS AND RESTRICTIONS (CC &R's)
123. In conjunction with the Improvement Plans, the Developer shall submit a copy of the
proposed Conditions, Covenants and Restrictions (CC &R's) which shall establish a Business
Park Association, of which all property owners must be a member. The submittal shall
include an estimate of costs and proposed level of maintenance for each of the activities
identified. The CC &R's shall provide for funding and provision of maintenance of all on -site
common facilities, such as streets and utilities, not accepted for maintenance by a public
agency, and include a stipulation that the Business Park Association is responsible for
maintenance of landscaping which is back of sidewalk, common area open space along
Tinker Avenue, Fifth Street, Mitchell Mosley, Mariner Square Loop, and Office Park Access
Drive, perimeter fencing and sound walls, and retaining walls within the Project boundary.
Additionally, the CC &R's shall stipulate the CC &R's 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 first Parcel Map.
124. CC &R's shall be recorded as deed restrictions with the Parcel Map.
125. The Developer shall record the Conditions, Covenants and Restrictions (CC &R's) as
approved by the City for the business park areas, concurrent with the recordation of the first
Parcel Map.
126. Any private streets and private street lighting within common areas of the development shall
be privately maintained by the Business Park Association, as appropriate. All public streets
and street lighting shall be maintained by City.
127. Prior to the application for any building permit for the site, two copies of the approved and
recorded CC &R's shall be submitted to City Engineer and Planning Director.
128. The CC &R's shall describe how the stout' water BMP's associated with privately owned
improvements and landscaping shall be funded and maintained by the association.
CONSTRUCTION
129. During construction, the Developer shall ensure that a program of dust control is
implemented consistent with MMRP and BAAQMD requirements. All construction crews
shall undertake a program of dust control including, but not limited to, watering soil surfaces
as needed to prevent dust blowing, covering trucks carrying materials to and from the site,
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and frequent clean -up of soil carried by construction vehicle tires from the site onto
roadways.
130. During Construction the Developer shall ensure that all construction crews are properly
trained and made aware of any site contamination issues, consistent with the MMRP.
131. Commercial construction activities shall be subject to the requirements of the Alameda
Municipal Code which restricts construction to the hours of 7 :OOam to 7:OOpm Monday
through Friday and 8:OOam to 5:OOpm on Saturdays.
132. Prior to issuance of building permit , the Developer (City or City's Agent, as applicable) shall
provide a Recycling and Solid Waste Plan to minimize solid waste disposal and maximize
use of recycled materials associated with demolition and construction activities for each and
every construction contract. The Plan must be incorporated into any construction documents
for every contract. Prior to issuance of Certificate of Occupancy, the Developer (City or
City's Agent) shall submit a report certifying the amount of materials off hauled, amount of
materials recycled, and amount of recycled materials used in that contract.
133. Prior to issuance of a grading permit, the Developer shall provide a Urban Runoff Clean
Water Plan for construction activities which identifies specific measures (BMP's) required
during construction ` to minimize pollutant discharge to the storm water system. The
developer shall incorporate these measures into each and every contract for construction.
Prior to issuance of certificate of occupancy, the Developer shall provide a report certifying
that these measures were properly followed.
VESTING
134. The Project Approvals, as they may be amended from time to time upon Developer's consent
(provided that such amendment is with the consent of Developer, such consent to be granted
at the sole discretion of Developer) and City's (and/or CIC's) approval of the amendment in
accordance with Section 6.4.2 of the Development Agreement, and are hereby vested in the
Developer, subject to and as provided in the provisions of the Development Agreement
( "Vested Elements "). City hereby agrees to be bound with respect to the Vested Elements,
subject to Developer's compliance with the terms and conditions of the Development
Agreement. The intent of this Section is to cause all development rights which may be
required to develop the Project in accordance with the Project Approvals to be deemed
vested in Developer.
NOISE REQUIREMENTS
135. Concurrent with submittal of Development Plans, the Developer shall identify specific
acoustical treatments to minimize the noise levels as required by the City Noise Ordinance.
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SOLID WASTE/RECYCLING
136. Exterior trash and recyclable material storage shall be adjacent or combined and may only
be located on the outside of the structure. External storage areas shall not be located in any
required front yard, street side yard, required parking, landscaped, or open space per
Alameda Municipal Code.
137. Driveways and aisles shall provide unobstructed access for collection vehicles and personnel
and provide minimum clearance for the City's designated collector or hauler. A turnaround
must be provided for any street that would require the collection vehicle to back up more
than 150 feet. A minimum 40 foot turning radius is required.
138. All garbage containers must have fitted lids which remain closed at all times when the
container is not being used or emptied.
ACCEPTANCE OF WORK
139. At the completion of construction of the improvements for each phase of the Project, the
Developer is obligated to provide all required information to the City including, but not
limited to, all certifications, warranties, guarantees, proof of payment to outside agencies and
as -built drawings. Upon recommendation by the City Engineer, the improvements will be
accepted by the City Council.
G:\specproj\fisc \cc \dpmreso. cc
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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 special meeting assembled on
the 31st day of May , 2000, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 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 1st day of June , 2000.
Di e Felsch, City Clerk
City of Alameda