Resolution 13375CITY OF ALAMEDA RESOLUTION NO.13375
SUSTAINING THE PLANNING BOARD'S APPROVAL OF USE PERMIT AND MAJOR
DESIGN REVIEW WITH CONDITION FOR SHORELINE TRAIL, AND DENYING APPEAL
BY A.V. BARNHILL OF CONDITION REGARDING SHORELINE TRAIL, FOR BARNHILL
MARINA, 2394 MARINER SQUARE DRIVE
WHEREAS, on March 21, 2001, A.V. Barnhill filed an application for. Use Permit UP01 -
07 and Major Design Review DR01 -34, to replace expired Use Permit and Major Design approval
for Barnhill Marina at 2394 Mariner Square Drive; and
WHEREAS, on May 29, 2001, the Planning Board found that the project was
Categorically Exempt from review under the California Environmental Quality Act, pursuant to
Section 15301 (Existing Facilities) of the CEQA Guidelines; and
WHEREAS, on May 29, 2001 the Planning Board held a public hearing and approved
UP01 -07 and DR01 -34, including condition 5 -a requiring a 15 foot wide right of way for a
shoreline trail, with improvements as approved by the Planing Director; and
WHEREAS, at the hearing the applicant had requested an 8 to 10 foot wide trail, and due
to condition 5 -a of the Planning Board Resolution, on June 4, 2001 filed an appeal of the Planning
Board action solely related to trail right of way and improvement width under condition 5 -a; and
WHEREAS, on July 17, 2001 the City Council considered the appeal and examined
pertinent maps, drawings, documents and testimony and after finding no merit to the bases of
appeal, upheld the Planning Board's determination.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Alameda
upholds and sustains the Planning Board's determination that condition 5 -a requires a right of way
for the shoreline trail right of way of 15 feet, with paved section of 10 to 12 feet except as
modified for cause by the Planning Director, and that condition 5 -a is necessary to approval of
the Use Permit and Major Design Review, and denies the appeal while approving Use Permit
UP01 -07 and Major Design Review DR01 -34, based upon the following findings:
The appellant's basis of appeal was that the City should allow an 8 to 10 foot width for the
shoreline trail adjacent to the central docks and adjacent parking area, which would widen
to 15 feet adjacent to the Extended Stay America Hotel, which request is consistent with
Bay Conservation and Development Commission approval.
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2. The City Council finds that this basis of appeal is not sufficient reason to modify condition
5 -a of Planning Board approval because a 15 foot right of way with 10 to 12 foot paved
section can be installed on the shoreline trail, displacing only portions of landscaping along
the shoreline, while leaving ample landscaping, benches and other amenities between the
trail and the shore; and requiring an easement over this 15 foot right of way would not
impose a hardship upon the appellant or his property.
3. The City Council finds that existing text of condition 5 -a of Planning Board approval
provides that the Planning Director may grant relief for cause in the width of the trail and
trail easement, thereby granting in the condition the relief that the appellant requests.
BE IT FURTHER RESOLVED that the City Council has made the following findings
regarding the Use Permit application for marina uses in the E, Estuary, Zoning District, and outdoor
storage in the M -2, General Industrial (Manufacturing) Zoning District, pursuant to Alameda
Municipal Code Section 30 -4.21:
The location of the proposed use is compatible with other land uses in the area because
this is the historical use of this property, in a mixed industrial/commercial section of
Alameda, is compatible with neighboring uses, and is located away from non -areas which
might be incompatible with houseboat and marina uses.
2. The proposed use will be served by adequate transportation and service facilities
because adequate on -site parking and transportation facilities have been provided; and
because on -site traffic - generating uses from the project would be at or less than the uses
considered in the 1990 General Plan Circulation Element, assuring this project's contribution
to balanced traffic capacity for nearby roadways including the Webster -Posey Tubes.
3. The proposed use, if it complies with all conditions upon which approval is made
contingent, will not adversely affect other properties in the vicinity because all properties
in the vicinity are of compatible uses; and because houseboat use and office /storage uses of
this size and scale have minimal impacts on neighboring properties.
4. The proposed use favorably relates to the General Plan. Staff analysis indicates that the
proposal favorably relates to the General Plan subject to approval of the requested
amendment. The site is designated as "M -U -2 Specified Mixed Use on the Land Use
diagram and this category is implemented through the plan prepared by the applicant.
5. The development will not create any additional impairments to, navigational safety in
the Channel because the proposed dock reconstruction and marina would not extend
substantially past the existing docks' relationship to the Estuary Channel and will not extend
past the Channel line.
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6. The development will not create additional visual impairment because no additional
houseboats, above the level existing when the General Plan was approved in 1990, would be
placed within the marina and because no new shoreline structures over one story in height
are planned in the development.
7. The development is consistent with the aviation safety requirements of the General
Plan because the Airport Land Use Commission (ALUC) staff has advised that regulations
do not effect Mariner Square. On December 8, 1999 the Airport Land Use Commission
removed references to Naval Air Station Alameda from the Airport Land Use Plan and the
marina is not affected by other airports.
8. The proposed uses are water - dependent and are consistent with the public trust because
a houseboat and pleasure craft marina is water dependent and fulfills a purpose of the public
trust, to provide marine access to the public.
9. The proposed uses will not cause degradation to water quality in the Channel or water -
related habitat because the applicant is required by the City to follow Best Management
Practices with regard to chemical use and site drainage.
BE IT FURTHER RESOLVED that the City Council has made the following findings
regarding the Design Review for the offices, manufacturing, storage, marina with houseboats and
pleasure craft,' and shoreline trail:
1. The project will have no significant adverse impacts on persons or property in the
vicinity because the design of the buildings and marina improvements, as modified by
conditions of this approval, will relate to existing and planned on -site improvements,
including Mariner Square, Marina Village and to Jack London Square in Oakland.
2. As conditioned, the project will be compatible and harmonious with the design and use
of the surrounding area because the building and marina improvements as modified by
conditions of this Resolution would extend an historical trend for marine use of this vicinity,
and because the setbacks, building shape and building volume relate to smaller marine
structures along the Estuary in Mariner Square, Marina Village and to Jack London Square
in Oakland.
3. As conditioned, the project is consistent with the City of Alameda Design Review
Guidelines because the materials, surfaces and shapes relate to nearby marine- related
structures and will have volume and height elements similar to existing and planned
maritime and business park structures in the vicinity.
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BE IT FURTHER RESOLVED that the City Council upholds and sustains Planning Board
Resolution 01 -26 approving Use Permit UP01 -07, pursuant to Alameda Municipal Code Section
30 -4.21 for marina improvements in the E, Estuary, Zoning District, and pursuant to Alameda
Municipal Code Section 30- 4.12.c) for outdoor storage use in the M -2, General Industrial
(Manufacturing) zoning district, and Major Design Review DR 01 -034, subject to the following:
APPROVAL AND VESTING
1. Required Approvals. The approval of the Use Permit and Design Review shall be of no force
and effect unless and until the Bay Conservation and Development Commission has
approved a permit to allow existing and planned improvements of this City Approval, and
the BCDC permit is in effect.
2. Approved Plans. The project is approved pursuant to plans titled "Barnhill Marina" prepared
by A.V. Barnhill/CM, dated June 18, 1999, in 1 sheet 36 by 40 inches; and 8 photographs
of existing conditions including colors, dated January, 2000, together Exhibit "A ", on file
with the City of Alameda Planning Department, except as modified by the following
conditions:
3. Vesting. The Planned Development and Use Permit approvals shall terminate one (1) year
from May 29, 2001 unless use in reliance upon valid permits has begun, or the applicant
applies for and is granted an extension prior to said expiration. Design Review approval
shall terminate six (6) months from May 29, 2001 unless use in reliance upon valid permits
has begun or the applicant applies for and is granted an extension prior to said expiration.
USE PERMIT -- PROJECT DESCRIPTION
4. Use Limitation.
a) This use permit is approved for reconfiguration and expansion of the marina, for up
to 41 permanent house boat slips and for up to 14 transient or guest boats. No on -site
storage of boats is permitted within 100 feet of the shoreline or outside of storage
yards approved by the Planning Director or removal from storage.
b) Three acres of fenced outdoor storage are designated on Exhibit "A," and no
additional outdoor storage is approved.
c) The existing 12,000 square feet of office including harbor office, manufacturing and
indoor storage uses may be retained for permitted uses in the M -2, General Industrial
(Manufacturing) zoning district.
d) Parking required for houseboats and marina yachts shall consist of 48 parking spaces
which are designated adjacent to the marina area and are for exclusive use of
houseboat owners and yacht owners. Southerly of this designated parking, the
project shall include at least 23 parking spaces for other on -site uses, and additional
parking if required under the Alameda Municipal Code. If additional parking is
available after providing for this priority parking, this additional parking may be
provided for other Mariner Square uses, including restaurants, may substitute for
existing contracting outdoor storage yards if preferred by the owner.
5. Public Access. Public access to and along the shore shall be extended and provided,
including pedestrian and bicycle trail facilities, pursuant to the Bay Conservation and
Development Commission requirements and the City approval.
a) The design and improvements of the public access trail shall be as shown on Exhibit
"A" with additional trail connections to the Chevys/Mariner Square property to the
west, and to the Extended Stay America Hotel site in Marina Village, to the east.
The public access trail shall be designed and improved to City standards with a
minimum right of way width of 15 feet and a 10 to 12 foot paved section for a
combined bicycle and pedestrian trail, unless an alternate standard is approved by the
Planning Director.
For the first year after vesting the Use Permit, the applicant shall leave
pedestrian/bicycle access to the trail open to the public at night. Signs may be posted
along the trail that use is from dawn to dusk only Automotive gates to the interior
parking lot may be closed to the public from dusk to dawn. During the first year the
applicant may document the impact on houseboat residents of the absence of a gate
and shall provide the Planning Director and the Bay Conservation and Development
Commission with a copy of the documentation of impact. The Planning Director and
BCDC may find that pedestrian and bicycle gates may be installed and the trail
closed to the public from dusk to dawn only when necessary to protect the health,
safety and welfare of Barnhill marina residents.
c) Prior to vesting the use, the public access trail shall be designed, striped, installed
and shall be recorded in a form acceptable to the Planning Director and Bay
Conservation and Development Commission.
6. Hours of Operation. The outdoor storage use may only be operated during the following
hours: 6:00 a.m. to one hour after dusk, 7 days per week.
USE PERMIT - ENVIRONMENTAL PROCEDURES
7. Noise. Construction noise impacts shall be minimized by restricting construction activities
to the daytime hours specified by the Alameda Municipal Code. The current provisions limit
construction to Monday through Friday, between 7:00 a.m. to 7:00 p.m., and on Saturday
between 8:00 a.m. to 5:00 p.m., with no Sunday construction. In construction of the marina
improvements, no construction of dock pilings shall occur during mid -day lunch hours, from
11:30 a.m. to 2:00 p.m. or after 5:00 p.m. to avoid impacts on adjacent restaurant businesses.
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a) To reduce noise emissions from pile driving, the applicant shall submit a plan for
Building Official approval, and shall implement the plan, to either a) surround the
area with a pile driver shield or b) use hydraulic or vibratory pile drivers.
b) In addition, prior to construction the applicant's contractors shall meet with other
nearby marina harbormasters and representatives of occupants, as well as managers
of restaurants and offices in adjacent areas, to discuss noise related issues. The
meetings shall inform interested persons of the schedule for severe noise - generating
construction activities, and a process for interested persons to provide feedback to the
applicant's disturbance response coordinator.
c) The applicant shall provide temporary relocation for occupants of any houseboat or
liveaboard during pile driving activity for the project, to the satisfaction of the
Planning Director.
8. Lighting Limitations. Prior to vesting, the Planning Director shall be satisfied that all
lighting will be shielded, downward directed and have an average brightness of between 2
and 3 footcandles as the Planning Director may approve.
9. Marsh Crust. The applicant shall submit a written plan for protection of the marsh crust for
review and approval prior to vesting. Shoreline areas of Mariner Square may have a subsoil
layer of hydrocarbons and other hazardous materials accumulated from past spills. Pile
driving to support foundations of structures or piers shall be conducted pursuant to the City's
guidelines for puncturing the marsh crust, in order to minimize hazardous material leaks to
Estuary waters or to the land surface.
10. Construction Soil Control. The project applicant shall prepare and implement a construction
dust mitigation plan. An appropriate dust mitigation plan shall, at a minimum, include the
following basic measures:
a) Water all active construction areas at least twice daily;
b) Cover all trucks hauling soil, sand, debris and other loose materials, or require all
trucks to provide at least two feet of freeboard (space below its undercarriage);
c) Pave, apply water three times daily or apply appropriate, non - toxic soil stabilizers on
all unpaved access roads, parking areas and staging areas;
d) Use water sweepers daily 011 paved access roads, parking areas and staging areas;
e) Use water sweepers daily if visible soil material appears on adjacent streets; and
f) Water or cover stockpiles that can be blow by wind over 15 miles per hour and
complete landscaping at the earliest possible date as directed by the City Building
Official.
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11. Soil and Surface Water Management Plan. Fill and other materials excavated during utility
trenching, pre - drilling for pile- driving, surface clearing and preparation shall be stockpiled
on site, over 100 feet from the Estuary or Mariner Square Drive, and covered with 10-
millimeter or thicker plastic sheeting to prevent runoff or discharge of affected soil, water
or dust. Depending on weather conditions, containment structures or devices may be
required.
a) In order to prevent possible exposure to soil -based hazardous materials, re -used fill
materials shall be fully covered with buildings, paving or landscaping. Where re-
used fill materials are covered with landscaping, a one -foot minimum thickness layer
of clean imported fill shall be provided and any existing fill material shall be covered
in a manner to prevent human exposure from casual contact.
In the event that off -site disposal of excavated fill materials is required, the material
shall be tested to determine appropriate means of disposal;
c) No water runoff discharges to the Estuary are permitted except as approved by the
City Engineer, and runoff to the storm drain system shall meet water quality criteria
set by the San Francisco Regional Water Quality Control Board (SFRWQCB). If the
water discharged to the storm drain system could exceed 3 mg /liter,` "a National
Pollution Discharge Elimination System (NPDES) permit could be required.
d) Groundwater from any dewatering activities shall be handled in the same manner as
other site runoff.
Trucks and large equipment shall be washed down before leaving the site to avoid
inadvertent, cumulative off -site transport of affected soils.
12. Hazardous Materials The storage and handling of all hazardous and toxic materials shall
meet the requirements of the Alameda Fire Department and other County, State and Federal
Agencies with jurisdiction over such materials. No outdoor storage of hazardous materials,
other than up to 200 gallons per business hydrocarbon fuel in containers approved by the
City, is patinitted on the site.
13. Archaeology. All personnel involved in construction will be informed of the possibility of
encountering archaeological or historical remains. If such remains are encountered, work
in the vicinity will cease until a qualified archaeologist or historian can be consulted in
confoimance with 36 CFR 800 7 procedures as discussed in the Memorandum of
Understanding dated October 1980, signed by FHWA, State Historic Preservation Office and
the Department of the Interior.
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14. Urban Runoff/Dockside Chemical Use. No unenclosed spraying of paint or other chemicals
shall occur on the land areas, piers or floating docks. The final plans and specifications shall
comply with Best Management Practices of the City of Alameda Urban Runoff Program.
Final plans must also show existing features such as easements and utilities; proposed
finished elevations and slopes. Pursuant to Section 30- 4.9.15 of the Alameda Municipal
Code, the applicant shall not permit additional sheet flow of storm runoff into the Bay and
estuary. Drainage facilities shall be reviewed by the City of Alameda and improvements
made as required. Appropriate shoreline stabilization will be required. No boat cleaning or
painting shall be allowed on land or in the water.
USE PERMIT -- MARINA OPERATIONS
15. Fire Regulations. Buildings may be required to have an automatic fire sprinkler system
installed to Alameda Fire Department requirements if required by the Fire Department.
a) Additional fire hydrants, extinguishers and standpipes may be required by the Fire
Department.
b) Fire flow will meet Fire Department standards for gallons per minute with a
minimum of 1,500 gallons per minute at any one hydrant. Hydrants and piping will
be installed to NFPA and Fire Department requirements.
16. Shoreline. Prior to vesting, the condition of the existing shoreline banks shall be more fully
investigated by a qualified consulting engineer, and the results of the investigation with any
corrective measures shall be submitted to and approved by the Building Official, to
determine if repairs or reconstruction may be necessary, and have any such restoration
completed prior to occupancy of the relocated office building facilities. After restoration, the
applicants shall maintain the shore in accordance with City standards.
17. Fueling. Facilities for fueling shall provide safety measures of Alameda Municipal Code
Section 30.4.9.15:
a. Any refueling facilities shall be equipped with appropriate containment trays to
prevent petroleum products from spilling onto the ground or into the water. These
trays shall be regularly cleaned.
b. Adequate facilities shall be provided to accommodate disposal of sewage and engine
oil residues without per use cost.
c. The requirements of the Alameda Fire Department shall be met including any
required permits.
d. In addition, the marina shall sell to lessees, at cost, during all regular marina hours,
absorbent materials designed to remove oil from bilge water, as well as provide,
without cost, adequate disposal facilities for petroleum saturated absorbent materials.
Signs shall be prominently posted at each dock access point indicating the
availability of such absorbent materials and disposal facilities, the fine for illegally
dumping petroleum products into the water, and the toll free number for reporting
violations of clean water regulation.
18. Disposal Notices. Conditions for rental and lease agreements shall include provisions
requiring the termination of such agreements if boat owners are cited for having or are
known by marina operators to have, deliberately discharged petroleum products,
contaminated bilge water, trash or sanitary wastes into marina water. They shall also require
boat owners to remove boats from the water before scraping or painting hulls in a manner
which discharges toxic residues into the surrounding waters.
19. Live aboards. One liveaboard is permitted other than houseboats. A maximum of forty -one
(41) houseboats are allowed.
20. Public Safety /Addressing. The applicant will provide to the City of Alameda Building
Official, the Fire Chief and the Police Chief a current list of marina boat slip addresses in a
consistent format to be approved by the Building Official. Individual houseboats will be
given identifying numbers. The Building Official shall be notified within 30 days of
relocation of any houseboat within the marina and/or into or out of the marina. Each
houseboat and each houseboat mooring will be verified by the Building` Official, Fire Chief
and Police Chief to meet public safety standards and will be required to have a valid
Certificate of Occupancy.
21. Utilities. Existing sewer and water service shall be maintained to each houseboat to public
safety standards as verified by the Chief Building Official.
DESIGN REVIEW
22. Landscaping. The applicant shall install landscaping as shown on Exhibit "A" as well as:
a) One 15- gallon tree from the existing plant palette of the site, per 4 parking spaces,
in a canopy arrangement pursuant to Alameda Municipal Code standards for parking
and landscaping.
b) Prior to vesting, the applicant shall install landscaping along the eastern property line
bordering the Extended Stay America hotel, with at least one 15-gallon tree each 20
feet and at least one 5- gallon shrub each 4 feet for the length of the fence. Plants
shall be from the existing plant palette of the site. Where there is a berm over five
(5) feet in height, grass may be maintained on the east side of the berm in lieu of
additional trees and shrubs.
c) Prior to vesting, the applicant shall provide a landscape irrigation plan to Planning
Director. The irrigation system shall be installed to the satisfaction of the Planning
Director, and shall continue to be operational.
GENERAL CONDITIONS
23. Affordable Housing. 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, for building construction rather than for houseboats.
24. Compliance with Laws. The applicant shall comply with all federal, state and local laws.
Material violation of any of those laws in connection with the use will be cause for
revocation of this permit.
25. Hold Harmless. The City of Alameda requires as a condition of the Use Permit and Major
Design Review approval that the applicant or its successors in interest defend, indemnify,
and hold harmless the City of Alameda, its officers, agents and employees, from any claim,
action or proceeding against the City or its officers, agents and employees to attack, void, or
annul an approval of the City concerning the subject property, which action is brought within
the time period provided for in the Government Code Section. 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.
26. Acknowledgment of Conditions. The applicant shall acknowledge in writing all of the
conditions of approval and must accept this permit subject to those conditions and with full
awareness of the provisions of Chapter 30 of the Alameda Municipal Code in order for this
Use Permit to be exercised.
27. Planning Department Inspection. The site shall be inspected by the Planning Department
staff and found in compliance with all conditions and plans prior to vesting. The applicant
should allow 3 working days notice to the Planning Department for this inspection.
28. Revocation. The Use Permit may be modified or revoked by the Planning Board or the City
Council upon appeal or call for review, should the Planning Board or City Council determine
that the proposed uses or conditions under which it is being operated or maintained is
detrimental to the public health, welfare or materially injurious to property or improvements
in the vicinity or if the property is operated or maintained so as to constitute a public
nuisance or there is a failure to comply with conditions.
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29. Parcelization. Prior to vesting, the applicant shall demonstrate to the Planning Director's
satisfaction that parcels meet the requirements of the Alameda Municipal Code and the
Subdivision Map Act and the requirements of this Resolution.
30. Enforcement. In addition to any other grounds provided for herein, three or more sustained
complaints within a 12 month period received by the Planning or Police Department
regarding the operation of this use will be grounds for initiating revocation proceedings.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this
decision or final action on any appeals plus extensions authorized by California Code of Civil
Procedure Section 1094.6.
NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and exactions. The applicant is hereby further notified that the 90 day appeal period in which the
applicant may protest these fees and other exactions, pursuant to Government Code Section 66020(a)
has begun. If the applicant fails to file a protest within this 90 day period complying with all the
requirements of Section 66020, the applicant will be legally barred from later challenging such fees
or exactions.
C: \WPDOCS\DATA\RES O\5 BARNHI L.
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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 a regular meeting assembled on the
17th day of July, 2001, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 5.
NOES:
ABSENT: None.
ABSTENTIONS: None.
WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
18th day of July, 2001.
None.
Lara Weisiger, Acting City Clerk
City of Alameda