Resolution 13444CITY OF ALAMEDA RESOLUTION NO. 13444
DENYING THE APPEAL OF ANDREA SCARNECCHIA, NICK CORREIA, MICHELLE
STAMPIEN AND RICHARD DAVIS AND UPHOLDING THE PLANNING BOARD'S
APPROVAL OF FINAL DEVELOPMENT PLAN AND PRELIMINARY DESIGN REVIEW
WITH CONDITIONS FOR SCHOOL AND CHURCH AT 1801 NORTH LOOP ROAD AND
WHEREAS, on August 16, 2001, Robert Hom and Stephen Quen of Bay Area Chinese Bible
Church filed a request for a Final Development Plan within the Harbor Bay planned development
and a Preliminary Design Review for a school and church on a 17 acre site in the Harbor Bay
Business Park at 1801 North Loop Road; and
WHEREAS, on September 14, 2001, the Planning and Building Department found that the
application was Incomplete for processing pursuant to the Permit Streamlining Act; and
WHEREAS, on November 19, 2001 the application was Complete for processing; and
WHEREAS, the subject property is designated as Business Park on the General Plan
Diagram; and
WHEREAS, the subject property is located in a C -M/PD, Commercial Manufacturing,
Planned Development, Zoning District; and
WHEREAS, the City Council certified the Final Environmental Impact Report for the Harbor
Bay Isle Development, which the subject site is within, in April 1974 and amended it in 1989; and
WHEREAS, the Planned Development for the Business Park was approved by PD -81 -2, and
subsequently amended by PDA -85 -4; and
WHEREAS, the City of Alameda entered into a Settlement Agreement dated November 3,
1988 and a Development Agreement dated April 4, 1989 with the Harbor Bay developers which
provide among other things for the completion of the build out of the Harbor Bay Business Park and
for the exactions which the City may require in connection therewith; and
WHEREAS, the City determined that a private school is a permitted use within the C -M/PD
Commercial - Manufacturing/Planned Development Zoning District and therefore within the Harbor
Bay Business Park which is zoned CM/PD, a private school is a permitted use under City land use
regulations and the Development Agreement; and
WHEREAS, the project was referred to the Alameda County Airport Land Use Commission
(ALUC) which held a public hearing on October 10,2001 and voted to find this school and church
project to be an inappropriate use at the proposed site; however, on February 13, 2002 the
Commission voted 4 to 2 with 1 absent to find that the project was compliant with adopted ALUC
policies and withdrew opposition to the project; and
WHEREAS, the Port of Oakland initially expressed concerns about the potential of the
project generating complaints over aircraft - related noise which could interfere with the management
and orderly expansion of the Oakland Metropolitan Airport and recommended that the ALUC and
the City of Alameda make negative determinations regarding the project. However, after giving the
matter more consideration, on December 18, 2001, the Board of Port Commissioners for the Port of
Oakland voted unanimously to withdraw any objections to the project, due to acknowledgment of the
noise mitigation measures which have been incorporated into the project, the existence of two small
private schools in the same vicinity, and after review of the prior Port Agreements with the Harbor
Bay Isle Associates and the City of Alameda; and
WHEREAS, the Planning Board and the City Council find that the proposed project is
appropriate in this location and consistent with the policies of the City of Alameda General Plan
based on the following:
(1) Proposed Project is an In -fill Development.
The proposed school and church campus is an in -fill development on parcels within the
Harbor Bay Business Park in the portion of the Business Park along North Loop Road already
developed with two private school facilities (a Kinder care child care facility and the private Garner
School), which uses have not caused land use compatibility problems for operation of the
Metropolitan Oakland Municipal Airport. There is no viable alternate location in the Harbor Bay
Business Park, since other parcels providing sufficient size for the campus are in noise environments
of over 70 dB CNEL in which these uses would not be acceptable under land use regulation
standards.
(2) Project is Acceptable Under the City of Alameda's General Plan.
The Proposal for private schools and a church at this location is not in conflict with the
project site which is located in an area on the Map of Noise environments as between the 65 dB and
70 dB CNEL levels. (Figure 8-2, following p. 136). In the General Plan's Land Use Compatibility
Standards for Community Noise Levels, the land use categories of schools and churches are
classified as Conditionally Acceptable in the 65 dB to 70 dB CNEL range, with the conditions
spelled out as New construction or development should be undertaken only after a detailed analysis
of the noise reduction requirements is made and needed noise insulation features included in the
design.0(Table 81., p. 135). These conditions will be fulfilled as part of the project, and compliance
will be confirmed by the City's inspectors.
(3) The City of Alameda's General Plan Was Accepted by the ALUC as Consistent
With the Adopted Alameda County Airport Land Use Policy Plan.
In January of 1991, the ALUC accepted the City of Alameda's General Plan, and specifically
the Airport Environs Element of the City's General Plan, as consistent with the ALUC's Alameda
County Airport Land Use Policy Plan. As part of the process, the Port of Oakland recommended that
the ALUC make the consistency determination. In accepting the City of Alameda's General Plan as
consistent with its own land use plan, the ALUC did not require that the General Plan modify or
delete the designations of the land use categories of schools and churches as Conditionally
Acceptable in the 65 dB to 70 dB range or rule out such uses in the Harbor Bay Business Park. In
fact, the City of Alameda's General Plan states as a guiding Policy, support development of Harbor
Bay Business Park consistent with existing approvals and agreements (Policy 2.8.a of the Alameda
General Plan, P. 38), and the City had previously approved the Kinder care and school facility in the
same area of the Business Park on the northerly side of North Loop road.
(4) Measures Incorporated Into the Project.
The applicant has incorporated the following measures into the project which address
concerns about aircraft - related noise and the possibility of complaints about noise interfering with
the Oakland Airport's operations which were raised at the ALUC hearing:
1) Noise attenuation measures will be built into the project in conformance with the
Maximum Interior Noise Levels required for Educational Facilities and Sanctuaries in the
Business Park specified in the 1980 Agreement between the Port of Oakland and Harbor Bay
Isle Associates:
School classrooms - 45 dB
School auditoriums - 35 dB
Libraries 50 dB
Recreational rooms - 55 dB
Church sanctuaries - 40 dB
(2) The applicant will execute and deliver to the Port of Oakland its direct release and
immunity agreement incorporating the terms and conditions of the Noise Easement recorded
on the lands of the Harbor Bay business Park, including the project site
(3) The applicant will execute and deliver to the Port of Oakland its acknowledgment
that it is bound by the terms of the Noise Easement recorded against its property.
(4) The applicant will execute and deliver to the Port of Oakland an Avigation
Easement in the same form as was used for the other two private schools located in the
Harbor Bay Business Park.
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(5) The applicant agrees to include in its contract with the parents of students
enrolling in the private school an acknowledgment that the applicant has granted the Port of
Oakland the above release and immunity agreement, acknowledgment of being bound by the
Noise Easement, and the Avigation Easement and that the parents consent as a condition to
enrollment in the school to the teems of these agreements and easements and acknowledge
and consent that the Port of Oakland as a third party beneficiary has a direct right
enforcement.
Thus the applicant has incorporated meaningful measures into the project which will
minimize the exposure of the relevant public (students and staff of the schools and church
members and visitors) to excessive aircraft - related noise impacts and provide meaningful
assurances that the applicant church and schools and the families of students enrolling in the
school will not raise complaints about noise that could substantially interfere with the orderly
operation or expansion of the Oakland Airport.
(5) Withdrawal of Opposition to the Project by. the Port of Oakland.
At the ALUC hearing on October 10, 2001, staff of the Port of Oakland expressed concerns
about the potential of the project generating complaints over aircraft - related noise which could
interfere with the management and orderly expansion of Oakland Metropolitan International Airport
and recommended that the ALUC make a negative determination regarding the project. However,
after giving the matter more consideration and reviewing the mitigation measures proposed by the
applicant, on December 18, 2001, the Board of Port Commissioners for the Port of Oakland voted
unanimously to withdraw any objections to the project in acknowledgment of the noise mitigation
measures which have been incorporated into the project, the existence of two small private schools in
the same vicinity, and after review of the prior Port Agreements with Harbor Bay Isle Associates and
the City of Alameda.
(6) Experience of the Two Private Schools on North Loop Road.
Evidence is available that for the two private schools already in place on North Loop Road in
the vicinity of the project site, aircraft - related noise has not interfered with school programs or
activities, and they have not experienced aircraft flying so close to their facilities as to cause any
safety concerns.
(7) Location of Outdoor Sports Fields.
The Oakland Raiders successfully operate outdoor sports fields much closer to the runway
and safety clear zone of North field than the project area. Also, the Port of Oakland has located
soccer fields on Airport property off Harbor Bay Parkway near the flight path from North Field.
Aircraft - related noise exposures and safety concerns did not rule out these uses at these locations.
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(8) Aircraft Safety Data from Caltrans Airport Land Use Planning Handbook.
Data assembled and analyzed in the Caltrans division of Aeronautics Airport Land Use
Planning Handbook from general aviation airports shows that the location pattern of aircraft
accidents at or near general aviation airports is clustered on the centerline of the runways and just at
the end of the runways and not widely dispersed laterally from the flight paths. Less than 2/3 of 1%
of aircraft accidents involve aircraft hitting buildings, and of these only a few resulted in fatal or
serious injuries to persons in the buildings. The results show a similarly infrequent occurrence of
people on the ground outside of buildings being seriously or fatally injured by an aircraft accident,
and such accidents of people being struck by airplanes are usually on the airport properties.
(9) History of No Aircraft Accidents in Harbor Bay Business Park Lands.
Evidence is available that there have not been any aircraft accidents in the Harbor Bay
Business Park area since the Business Park opened in 1983. Aircraft do not fly over or near the
project site. For the North Field of Oakland Airport, the primary departure flight path turns to the
right over the Alameda Municipal Golf Courses, and if an aircraft experienced difficulty on takeoff,
the open spaces in the golf courses would be the most obvious and accessible emergency landing
spot, not a left turn over the large buildings in the Business Park and toward the school and church
parcels. These factors tend to support a reasonable determination that the prospects of an aircraft
accident at the project site are minimal.
WHEREAS, the Planning Board held a public hearing on January 28, 2002 to consider this
application, and examined pertinent maps, drawings, and documents; and
WHEREAS, on January 28, 2002, the Planning Board approved the Final Development Plan
and the Preliminary Design Review; and
WHEREAS, on February 6, 2002, Harbor Bay residents Andrea Scarnecchia, Nick Correia,
Michelle Stempien and Richard Davis timely filed an appeal, stating the bases of appeal as required
in the Alameda Municipal Code; and
WHEREAS, on March 19, 2002 the City Council continued and renoticed a public hearing to
April 20, 2002 at Kaman Auditorium, and at the April 20, 2002 hearing 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; and
WHEREAS, the City Council has made the following findings, and upholds Planning Board
findings, relative to the Final Development Plan:
Condition #2 of Resolution No. 1203 which approved the Business Park requires that for
each development proposal within the Business Park a Final Development Plan be reviewed
by Planning Staff for compliance with the conditions of Resolution #2 and then be brought
before the Planning Board.
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2. The proposal complies with all the development standards contained in Resolution No. 1203
as demonstrated in the discussion contained in the Planning Board Staff Report dated January
28, 2002.
3. Condition #60 of Resolution No. 1203 requires that an acoustical analysis needs to be
submitted with the building permit submittal. However, no standards are given and there are
no standards in the Alameda Municipal Code or the General Plan Health and Safety Element
relative to school buildings. Table 8 of General Plan section 8.7 (Noise) provides that school
and church buildings located in areas exceeding the CNEL 60dB as is the case with the
subject site are conditionally acceptable so long as a detailed analysis of the noise reduction
requirements to a level of less than 60dB is made and needed noise insulation features are
included in the design. Compliance with this condition will be determined through the
building permit process. Contemporary building design requirements relating to energy
conservation may obviate the need for separate noise attenuation.
WHEREAS, the City Council has made the following findings, and upholds Planning Board
findings, relative to the Preliminary Design Review approval:
Environmental impacts associated with the proposal have been addressed and mitigated in
the 1974 EIR and the 1988 Addendum to the EIR.
2. As conditioned, the project will be compatible and harmonious with the design and use of
surrounding properties. The proposed building is similar in design and scale to other
buildings at the Business Park and harmonious with residential buildings in Harbor Bay.
Limitations on the hours of use and night lighting are provided, inherent to the project as
approved by conditions, to ensure that the development of the school will be compatible with
the adjacent residential area.
3. As conditioned, the project will be consistent with the City's Design Review Guidelines,
because the design has an appropriate sense of scale to the site, the building components
have good proportions and the appropriate screening has been provided as part of the
building design.
WHEREAS, the City Council has made the following findings, and upholds Planning Board
findings, relative to the specific design guidelines for the Business Park contained in Resolution No.
1203:
The preliminary landscape plan consists of species used in the Harbor Bay Business Park
and, thus, will be consistent with the required comprehensive landscape statement for the
Business Park.
2. The proposed plant list is composed of drought resistant plant materials as required.
3. The building as designed will project a low horizontal profile which reduces the apparent
bulk of the buildings as required by the Architectural Guidelines contained in Resolution No
1203.
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda
hereby finds, and upholds the Planning Board finding, that no further environmental review is
required for the proposed project because:
. The current proposal is consistent with the business park uses which were evaluated in the
1974 Final Environmental Impact Report, certified in April 1974, and the 1988 Addendum to
the EIR, certified in April 1989; and the current proposal does not represent a change in the
project as evaluated in the Final EIR and Addendum such that new significant environmental
impacts have been identified which were not previously considered;
2. No substantial environmental changes which are pertinent to the current proposal have
occurred in the project setting that will result in significant environmental impacts which
were not evaluated in the Final EIR and Addendum; and
3. No new environmental information of substantial import and which is pertinent to the current
proposal has become available that will result in new significant environmental impacts or
will require a reassessment of the mitigation measures or alternatives identified in the Final
EIR and Addendum.
NOW, THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of
Alameda upholds and sustains the Planning Boards determination approving Final Development Plan
FDP01 -05 and Preliminary Design Review DR01 -108, based upon the following findings:
1. The appellants' bases of appeal and City staff responses to the bases of appeal are set forth in
Attachment 1 to this Resolution, which is incorporated herein by reference as if set forth at
length.
2. The City Council finds that these bases of appeal are not sufficient reason to overturn the
Planning Board approval of the request, however, this Resolution incorporates revisions to
the Planning Board Resolution which was appealed.
3. The City Council finds that existing environmental review, the 1984 Environmental Impact
Report and 1989 Addendum for Harbor Bay, adequately addresses environmental issues of
the project.
BE IT FURTHER RESOLVED that City Council approval is contingent upon fulfillment of
the following conditions, including City Council amendments to Planning Board - approved
conditions:
APPROVED PLANS
1 The proposal shall be constructed in substantial compliance with the plans prepared by
Bunton - Clifford Architects, dated 8/13/2001, titled Bay Area Chinese Bible Church and
Chinese Christian School, Harbor Bay Business Park Alameda consisting of 5 sheets, as
modified by the applicants letter of April 11, 2002 to the Planning and Building Department,
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on file, and a color and materials board, marked Exhibit A, and on file in the office of the
City of Alameda Planning and Building Department except as modified herein subject to the
following conditions and provided for Director of Planning and Building approval
incorporating such changes in the plan sheets prior to building permit issuance:
APPROVED USE /PHASING
2. a) The construction shall be phased as conditioned by this Resolution. The first phase approved
by this Resolution shall include construction of the elementary school and multipurpose
room, church and related accessory uses including adjacent sound wall and facility
enrollment shall be capped at no more than 500 students within no more than 8 acres of the
project site No portable buildings, other than temporary construction trailers during
construction with Use Permit approval, are approved by this Resolution. Prior to determining
whether to approve construction of additional phases to provide school facilities for up to
1,100 students (an additional 600 students) as requested by this project application, the
Planning Board shall conduct a public hearing to verify compliance with the project
conditions and review and approve a new (updated) traffic study validating or otherwise
updating the project impact assessment and mitigations stipulated in the March 2002 project
traffic study on file with the Planning and Building Department (see condition 6 below).
Upon completion of any approved phases of the project the combined events or activities on
the site shall not result in more persons assembled at one time than provided by capacity of
on -site parking plus any shared parking agreements for off -site parking, as provided by the
Director of Planning and Building. Parking attendants provided by the applicant will enforce
this assembly and parking restriction.
b) If, pursuant to paragraph (a) above, the Planning Board approves an increase in enrollment of
up to 1,100 students, the project shall not exceed the facilities approved by the Planning
Board in January, 2002: not more than 17 acres, with not more than 9 acres of playfields, not
more than 180,000 square feet of building area in not more than 3 main buildings. Building
height shall not average over 35 feet, nor shall the roof of any building exceed 55 feet in
height except one decorative tower exceeding height as shown on plans approved by the
Planning Board on January 28, 2002, which is 65 feet plus 2 feet of roof cap approximately 8
feet by 8 feet in area, and the religious symbol shall be on side wall of the tower, not
exceeding the tower height.
"Occupancy" is defined as peunanent connection to utilities. Prior to the approval of any
construction pursuant to this approval, the applicant shall submit a phasing plan to the
direction of the Planning and Building Director showing 1) the total number of phases, 2)
what construction is included in each phase, 3) the likely sequence of phases and 4) the
construction time required for each phase, not to exceed twelve (12) total years for all phases
combined. Any part of the project not completed within twelve (12) years from April 20,
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2002 shall require a new Final Development Plan approval prior to proceeding with the
remaining construction.
VESTING
3. The Design Review approval shall expire on October 20, 2002, for Phase 1 construction of
the elementary school, church and accessory uses approved by the Resolution unless actual
construction under valid permits has commenced or the applicant applies for and receives a
one time six (6) month extension from the Director of Planning and Building. Final
Development Plan approval for Phase 1 construction of the elementary school, church and
accessory uses approved by the Resolution shall expire on April 20, 2003, unless actual
permanent construction under valid permits has commenced or the applicant applies for and
receives a one time twelve (12) month extension from the Planning and Building Director.
The Planning Board must act on any subsequent phase within 12 (twelve) years of April 20,
2002 or approvals for Phase 2 expire. Final vesting for subsequent phases shall only take
effect upon Planning Board approval pursuant to Condition 2(a). The Design Review and
Final Development Plan for said subsequent phases shall then expire within 6 months and 12
months respectively upon Planning Board approval unless construction under valid permits
has commenced or the approvals are extended by the Director of Planning and Building for 6
months and 12 months respectively.
PARKING SUPPLY
4. The proposed parking supply of a minimum of 120 spaces in Phase 1 and 430 spaces in
Phase 2, no more than 50% compact spaces., is approved so long as the project continues to
be used primarily for private school and chapel uses. In a project of more than two phases, a
pro rata share of parking shall be supplied to match the size of each project phase. This
permit recognizes that used separately, these uses might require additional parking, however
used jointly there is substantial overlapping parking demand which justifies reducing
required parking.' Prior to the issuance of a building permit for interior modifications (Tenant
Improvements) for any other use permitted in the zoning district such as commercial offices,
the Planning and Building Director shall be informed as to the number of employees in each
building. If there are 3.0 employees /1,000 square feet of gross floor area or fewer, then the
building would be designated as an R &D use and the existing parking ratio is approved. If
there are more employees per gross floor area, then the building would be classified as
professional office use and a Parking Management plan would need to be implemented. This
program can include, but is not limited to, preferred car pool parking spaces, bicycle lockers,
cooperation with RIDES on car pool matching programs, disseminating transit information,
providing subsidized mass transit passes, membership in the Alameda Transportation
Management Association and encouraging employees to use alternative commute modes.
The Parking Management plan shall be reviewed and approved by the Planning and Building
Director and the City Engineer. This Parking Management plan shall be in addition to the
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existing contributions to the Harbor Bay Business Park Association which are currently
required.
PARKING SPACE DESIGN
5. Prior to issuance of Final Design Review for the site and construction, or as otherwise
approved by the Planning and Building Director the applicant shall provide a detailed revised
parking plan, for review and approval by the Planning and Building Director.
a). Disabled accessible parking spaces shall be retained or restriped to meet the number
and dimensions required by the City and shall have disabled parking signs as
approved by the City Public Works Department.
b). All other parking spaces shall be 8 1/2 by 18 feet in size (standard) or 7 1/2 feet by
15 feet (compact) with backout area as provided by the Alameda Municipal Code.
No more than 50% of the parking spaces shall be compact.
TRAFFIC
6. The applicant shall provide the following regarding parking and traffic:
a. Parking and Dropoff. Parking and dropoff /vehicle stacking areas shown on Exhibit El
shall be modified to provide for efficient and safe arrivals and departures during
schooldays, particularly along the south street connecting to Harbor Bay Parkway, as
required by the City Public Works Director. The school shall be operated such that
no more than 300 students are scheduled to arrive or depart from campus in any
fifteen- minute period. Students traveling to or from school on alternative
transportation (including carpools) shall not be included in this count.
b. Signal at the Easterly End of Harbor Bay Parkway/North Loop Road. Installation of
a traffic signal at the easterly intersection of Harbor Bay Parkway and North Loop
Road is a condition of the project. The signal shall be fully funded and scheduled for
construction prior to issuance of the first Building Permit to Phase 2 for the project,
and shall be installed prior to issuance of a Certificate of Occupancy for the first
Building Permit for Phase 2 of the Project. Signal funding may be through the
Transportation Improvement Fund of the 1989 Harbor Bay Development Agreement
for the Harbor Bay Business Park if funds are available at the time the traffic signal is
required. Currently the TIT does not have revenues to fund this improvement.
c. Verification of Transportation Impact Study: The applicant, BACBC /CCS, shall
monitor the actual traffic generated by their use for the first five years after
occupancy. Monitoring shall be as specified by the Public Works Director. The
monitoring results shall be compared to the project's March 2002 traffic impact study
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assumptions and used to further modify traffic conditions for Phase II upon review by
the Planning Board or to further adjust the required project TSM /TDM measures as
provided herein.
TSM /TDM Measures: The TSM /TDM (Transportation System Management and
Travel Demand Management) strategies may include:
Employer -Based Incentives:
1. Financial incentives to teachers and employees to use alternative
transportation modes.
2. Provide free bus passes to students.
3. Guaranteed ride home program
4. Lunchtime Shuttle to commercial center
Parking Management:
5. Charge for onsite parking: tag all vehicles to prevent off -site impacts.
6. Preferential (free) car /vanpool parking
Strategies:
7. Provide shuttle to /from BART, ferry terminal or other location
8. Provide carpool /vanpool matching service
9. Provide bicycle lockers/racks and showers
Education/Promotion
10. Education campaign: Disseminate infotuiation at enrollment
11. Special commute event/fair (walk/bike -to- school -days)
12. Install transportation information kiosk at school
13. Raffles /prizes to participants
TSM and TDM measures and strategies shall be implemented and monitored to
assure that project ( single- occupant vehicle) trip generation is minimized and that a
minimum of 40% of all project trips utilize alternative modes of transportation
(including carpools). The target goal for trips by alternative modes of transportation
shall be 50 %.
Should the School not achieve the initial 40% standard during each school year or
after 5 years, achieve the 50% goal during each school year, a monetary penalty for
non-compliance shall be paid by the applicant. The maximum penalty for
noncompliance shall be a payment to the Harbor Bay Traffic Improvement Fund of
the amount of TIF which the applicant would have paid if it paid the standard portion
of property taxes applicable to the TIF during this period. This amount shall be
prorated based on the percentage of actual use of alternate transportation. If the
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applicant surpasses the 40% goal in any year in the first five years, the percent above
40% alternative transit shall be a credit accruing against future penalties.
d. Transit. Prior to occupancy approval for Phase 1, the applicant shall consult with
Alameda Contra Costa Transit and the Alameda Transportation Commission to
determine the adequacy of transit service for access to the School and shall provide
documentation of consultation to the Planning and Building Director.
FINAL DESIGN REVIEW
7. Prior to issuance of Final Design Review for construction of Phase 1, the applicant shall
submit for Planning and Building Director review and approval, architectural details and
final colors and materials for the building, incorporating design changes included in this
Resolution and including but not limited to the following items. Minor alterations to plans of
Exhibit A may be approved by the Planning and Building Director. Significant alterations
may require review by the Planning Board, as determined by the Planning and Building
Director.
Bicycle storage facilities provided at a minimum rate of one bicycle storage space for
every ten required parking spaces throughout the project site;
Parking in conformance with ADA standards for accessible design, and provides
loading and unloading spaces;
c. A height limitation with no structure above a maximum of 55 feet in height except
the one tower on the chapel, as shown on Exhibit "A" approved by the Planning
Board on January 28, 2002, except that the religious symbol shall be below the roof
peak, located on the side of the tower;
Adding at least a minimum of 20 trees to the centers of the parking lots to create
additional canopy effects;
e. The final color and material selections;
f. A Lighting Plan, including fixtures, with no ballfield or tennis courts lights other than
safety lights to be approved by the Planning and Building Director; and
g.
Inclusion of final window and door deta
trash and recycling area.
ls, with all tri
and door specifications, and
h. A decorative precast concrete 8 foot noise barrier along the entire northerly border of
the project at Catalina Avenue shall be installed by the applicant bordering each
phase with that phase, consisting of berm and /or wall and curb, with landscaping on
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both sides to the satisfaction of the Planning and Building Director. The barrier shall
be designed to minimize the height by use of landscaped berms. The barrier shall be
located commencing on the southerly property line of Catalina Avenue. The height
of the barrier shall be measured from the higher elevation, at the School, rather than
from Catalina Avenue.` The barrier shall be continuous without gate and not provide
for vehicular, pedestrian or bicycle access from Island Drive across Catalina Avenue ,
including the adjacent site, prior to occupancy of the first building in Phase 1.
Relocation of the tot lot away from the adjacent residential and closer to the
elementary school and relocation of the bleachers for the ballfields away from
residences to reduce noise impacts to adjacent residences pursuant to approval by the
Planning and Building Director.
LANDSCAPING.
8. Landscaping and irrigation shall be installed in each phase prior to approval of occupancy of
any structure in that phase. Trees shall be 15 gallon or 24 inch box size as designated on the
landscaping plan in Exhibit . The developer shall be required to comply with the landscaping
requirements of the Parking Ordinance which requires a minimum of one tree planted for
every four parking spaces within the adjacent one -acre portion of the parking lot. Trees shall
be planted to create a tree canopy throughout the parking lot and at least 20 trees shall be
added to trees shown on Exhibit A in order to accomplish this canopy. Prior to the issuance
of Building Permits, Final Landscape Plans shall be submitted and approved to the
satisfaction of the Planning and Building Director, which include the following, and shall be
installed prior to occupancy. All required landscaping shall be properly maintained. Any
plant materials removed or damaged during construction or found to be in an unhealthy
condition shall be replanted as necessary. If any proposed work within the public right -of-
way, or all of the required landscaping and irrigation cannot be completed prior to occupancy
of the building, the applicant may prepare a performance agreement with the City of
Alameda with appropriate financial security for the necessary work. The performance
agreement shall be to the satisfaction of the Planning and Building Director, and the amount
of financial security shall be based on an estimate of the work proposed, and subject to the
approval of the Public Works Director.
OUTDOOR ACTIVITIES
9. Outdoor activities, routine athletic activities, simultaneous or major /special events on the
athletic fields shall be pei miffed only as follows:
a) Location. Outdoor activities including but not limited to routine school functions,
operations and/or organized sporting/recreational events, shall only take place on the
athletic fields (e.g. the baseball fields, soccer fields, tennis courts and similar outdoor
recreational use areas);
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b) Hours. Outdoor activities shall only occur Monday through Friday, between the hours
of 8:45 am and 7 pm (or dusk whichever is earlier).
c) Simultaneous Activities. Simultaneous indoor and outdoor activities other than activities
occurring weekdays as part of routine school operations, and "major events" as
determined by the Director of Planning and Building, shall not occur more than a total of
4 days per calendar year, subject to the prior review and approval of the Director of
Planning and Building. At least 10 days prior to conducting a simultaneous major event
or indoor /outdoor activity, the CBC shall provide written notice to all residents and
homeowner associations within 300 feet of the project site and provide evidence of such
noticing to the Planning and Building Department.
d) Exceptions. An exception to the standards above relating to permitted schedule for
outdoor activities to a) and b) may be granted by the Director of Planning and Building
for up to four (4) events per calendar year. At least ten (10) days prior to conducting an
outdoor activity or special outdoor event that involves an exception as described above,
the CBC shall provide written notice to all residents and homeowner associations within
300 feet of the project site and provide evidence of said noticing to the Planning and
Building Department.
e) Sports Incidental to Church/Sunday School Use. Except for sports events with teams
from outside of the School, routine use of outdoor areas incidental to church or Sunday
school building uses are permitted, between the hours of 9 am and 7 pm or dusk The
Planning Board will review compliance with conditions for such uses when Phase II is
considered for approval.
CONSTRUCTION
10. During construction, the applicant shall ensure that construction crews 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, and frequent clean -up of soil
carried by construction vehicle tires from the site onto roadways. Construction activities
shall be subject to the requirements of the Alameda Municipal Code which restricts
construction to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 am. to
5:00 p.m. on Saturday and no construction on Sunday.
URBAN RUNOFF
11. Prior to the issuance of any grading or building permit for the site, the applicant shall submit
plans which show compliance with the Alameda County -wide Clean Water Program. These
plans shall also show the planned methods by which entry of pollutants to the storm drain
system will be reduced.
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12. Prior to the issuance of a Building Permit, including for site grading or foundation, the
applicant shall submit a Storm Drainage Improvement Plan that demonstrates to the
satisfaction of the Public Works Director compliance with the City's Urban Runoff
Ordinance, including but not limited to the following:
a. Plans shall address drainage of the site and the project shall be designed to minimize
runoff from storage, waste management (garbage & recycling), loading and parking
areas. Plans shall address storm water impacts, mitigation measures and Best
Management Practices (BMPs).
b. The applicant shall give preference to site planning and design techniques over the
use of traditional structural controls such as oil /water separators whenever possible.
Plans shall minimize impervious surfaces, use permeable materials where
appropriate, use swales to collect, filter, and reduce runoff into the storm drain
system.
c. If structural controls such as oil /water separators or filters systems are selected by the
applicant as the preferred alternative, then justification for this selection shall be
submitted along with a plan which details maintenance, monitoring, inspection and a
budget with provisions to support these programs into the future of the site to the
satisfaction of the City Engineer.
d. Plans shall identify all storm drain improvements and provide details on existing and
proposed storm drain facilities.
e. 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 Public Works Director as part of the
required improvement plan for this site The applicant shall submit a Storm Water
Pollution Prevention Plan (SWPPP) for review and approval by the City Public
Works Director and shall construct improvements in accordance with that Plan, to the
satisfaction of the Alameda Countywide Clean Water Program and the City Public
Works Director.
WASTE /RECYCLING STORAGE
13. Adequate space dedicated for providing waste and recycling container storage, located as
shown of the Site Plan, shall be retained in the final design. The final design and
configuration of this space shall be provided to the satisfaction of the Planning and Building
Director, in consultation with the City Waste Management Specialist
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FIRE DEPARTMENT
14. The applicant shall comply with the requirements of the City of Alameda Fire Department
including but not limited to those required by the current (1997) Fire Code. Each ,building
shall have a 20 foot wide fire access lane, connecting to public streets, around the perimeter.
A minimum of 2 additional hydrants must be added at locations approved by the Fire
Prevention Officer. One would be in the parking lot adjacent to Elfuture elementary schoolE
and one would be near the northeast corner of the main parking lot, both required for Phase 1
classrooms.
Turning radius for fire apparatus for entering the school property from the North Loop Road
entrance shall be cleared of landscaping and other obstacles. The inside turning radius must
be adjusted to allow 28 feet of clearance between elementary school classrooms 7 and 8 and
the landscaped property.
A fire protection system shall be provided, in accordance with Article 10 of the 1998 CFC
and Section 305.9 of the 1998 CBC.
NOISE
15. Prior to the issuance of a building peiuiit for any of the buildings, the applicant shall submit a
detailed acoustical analysis which shows how an interior noise level of less than 50dB can
be achieved, to the satisfaction of the Planning and Building Director and Building Official.
In order to minimize noise impacts on nearby residential areas, no outdoor loudspeakers
(including bullhorns) that broadcast amplified voice or music shall be used on the site,
excluding non - amplified sources, unless specifically approved by the Planning and Building
Director per Condition 9 above. The applicant shall manage the use of the ballfields in order
to minimize noise projected from the site toward adjacent residences. No night use of the
ballfields is permitted.
The applicant has incorporated into the project the five measures regarding noise which are
described in Finding 4, pages 3 and 4 of this Resolution and the applicant shall assure that
these measures have been fulfilled before the occupancy of the first school structures on the
site.
The project will keep windows closed where possible, to control noise, and utilize higher
efficiency filtration systems (65 %) within the HVAC systems to control the outside air flow
as a result of the location near the Oakland Airport. The project will provide proper
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assurance of outside air quantity (15 cfm per person) by means of air flow monitoring
stations to ensure proper indoor air quality.
SIGNAGE
16. Signage for any of the buildings is subject to a separate sign permit. All signage shall be
consistent with the requirements of the approved signage program for Harbor Bay Business
Park. A religious symbol is not a sign, however, any religious symbol larger than the
maximum size of a sign allowed in the applicable zoning district shall require staff Design
Review approval.
DEED RESTRICTIONS
17. Prior to the issuance of any building permit for the site, the applicant shall record a deed
restriction to disclose the requirements of these Conditions to any successor in interest in
the subject parcels, to the satisfaction of the Planning and Building Director.
18. Prior to the issuance of any building permit for the site, the applicant shall record a deed
restriction or avigation easement and noise hold-harmless or the Port of Oakland
Metropolitan International Airport to the satisfaction of the Planning and Building Director.
ARCHAEOLOGY
19. Should currently unknown cultural resources be : encountered ' during construction, the
contractor will immediately notify the city, who will contact a qualified archaeologist who
will evaluate the resource in consultation with local Native American organizations. The
contractor will then redirect work away from the affected area until notified by the
archaeologist that it is safe to resume construction. Construction contracts will include this
provision.
BUILDING PERMITS
20. Prior to construction, the applicant will submit all applicable building permit applications to
the City Central Permits Office. Any required building permits must be issued prior to
commencement of construction. The improvements shallconfoiui to the Alameda Building
Code. No occupancy of the subject building will be permitted until an application for a
Certificate of Occupancy is submitted to the Central Permits Office, the application is
reviewed and approved, the building is inspected and determined to be safe for the proposed
occupancy and a Certificate of Occupancy is issued by the Building Official Building
Permits are required to be obtained from the City of Alameda Central Permits Office for all
proposed physical changes, alterations or additions to the subject building.
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21. Existing and planned project elements will meet Uniform Building Code Seismic Zone 4
design standards to withstand expected earthquake ground shaking. Design will be verified
for seismic loading by California - registered Professional Civil and Geotechnical Engineers;
recommendations by these engineers regarding site preparation and design will be
incorporated into project plans. The secondary focus ofproject design will be minimization
of substantial earthquake- related equipment damage and avoidance of off -site impacts.
OTHER PERMITS
22. The applicant shall obtain and comply with the conditions of permits required by other
agencies in connection with the site. Where the requirements of other agency permits are
more restrictive than this approval, the other agenciesE permits requirements shall apply.
ALAMEDA POWER AND TELECOM
23. The number, size and voltage of the electrical services required for this development, and the
total load in kilowatts or kilowatt /volts (KVA) needs to be provided, and location of the
transfoliners to service these loads must be approved by the Bureau of Electricity before
building permit issuance. The applicant will provide at no charge to the Bureau an easement
and access to all Bureau facilities on the property prior to issuance of building permits.
WATER/SEWER UTILITIES
24. Prior to issuance of Final Design Review and construction, the developer shall secure all
necessary permit approvals from EBMUD regarding the installation of all revisions to water
or sewer lines necessary to install the project.
LIGHTING
25. Prior to issuance of Final Design Review and construction, the applicant shall submit a
lighting plan and details of lighting fixtures for review and approval by the Planning and
Building Director in consultation with the Police Department crime prevention unit. The
lighting fixtures shall be compatible with existing lighting fixtures. Lighting shall be
installed which provides an average of 2 footcandles of exterior light unless greater intensity
is approved by the Planning and Building Director. All on -site lighting, including
construction lighting, shall be downward- directed and shielded lighting and shielded to avoid
lighting impacts on adjacent areas. There is no night - lighting of recreational fields permitted
except safety lighting approved by the Planning and Building Director.
PLANNING AND BUILDING DEPARTMENT INSPECTION
26. The site shall be inspected by the Planning and Building Department staff and found in
compliance with all conditions and plans prior to issuance of the Certificate of Occupancy.
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The applicant should allow 3 working days notice to the Planning and Building Department
for this inspection
UNENCLOSED STORAGE
27. There shall be no outdoor storage unless approved by the Planning and Building Director,
and any outdoor storage permitted shall be surrounded by an opaque screen fence at least 6
feet in height and be used only for temporary storage of in- transit materials.
WASTE WATER
28. The applicant shall have connections to the piped sanitary sewer system and shall comply
with East Bay Municipal Utility District Wastewater Control Ordinance No. 311.
UTILITY SERVICES
29. All water, gas, electrical and telephone lines shall be installed in accordance with the
requirements of the Alameda Bureau of Electricity and other utility companies and to the
satisfaction of the Public Works Director. All utilities shall be underground unless trunk
lines are allowed to remain above ground by the Public Works Director. When the
development plans are finalized, the applicant shall contact the East Bay Municipal Utility
District New Business Office and request a water service estimate to determine costs and
conditions of providing water service to the project and shall follow EBMUD requirements.
30. The applicant shall incorporate water conservation measures for both internal and external
use in the design and construction of the project. This should include the use of
equipment, devices and methodology that further water conservation and provide for
efficient use of water to the satisfaction of the Planning and Building Director. All
necessary water main extension to meet fire flow requirements set by the Alameda Fire
Chief shall be constructed at the applicant's expense.
HAZARDOUS MATERIALS
31 To ensure protection of public health and the environment, the contractor shall submit plans,
procedures and controls to be used when encountering hazardous conditions and substances
during construction to the City for prior approval. Should unanticipated hazardous waste be
encountered during construction, the contractor will stop excavation in that area and
immediately contact the City Planning and Building Department and owners of other
property within 200 feet of known areas of contamination prior to construction in areas of
contamination.
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32. The contractor will evaluate potentially contaminated materials encountered during
construction in the context of applicable local, state and federal regulations and/or guidelines
governing hazardous waste. The applicant will remediate or dispose of materials deemed
hazardous following applicable agency regulations and /or guidelines. Qualified hazardous
waste personnel will supervise and document evaluations, remediation, treatment and /or
disposal of hazardous waste. Construction personnel will utilize the protocols in this
manual. Should excavated material be determined to contain chemicals at concentrations
considered hazardous, the contractor shall transport the material to a licensed facility for
treatment /disposal. Such materials shall be covered while being hauled.
POLICE REQUIREMENTS
33. Prior to occupancy, the applicant shall provide to the satisfaction of the Police Chief security
alarm systems, night- illuminated 12 inch high street number signs, security doors and
windows for all main buildings, and parking lot lighting. Landscaping should be of a type
and location situated to maximize Police patrol and citizen observation, not concealing doors
or main walkways from view more than necessary for aesthetic or functional purposes.
HOLD HARMLESS
34. The City of Alameda requires as a condition of this Final Development Plan and Preliminary
Design Review approval that Chinese Bible Church as applicant or its successors in interest,
defend, indemnify, and hold hamiless the City of Alameda and its agents, officers, and
employees, jointly and severally, from any claim, action, or proceeding against the City, and
its agents, officers, and employees, jointly and severally, to attack, set aside, void, or annul,
an approval of the City concerning FDP -01 -05 and DR -01 -108 and the proposed construction
at 1801 North Loop Road which action is brought in the time provide for by law. The City of
Alameda shall promptly notify the applicant of any claim, action or proceeding and the City,
shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any
claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the
applicant shall not hereafter be responsible to defend, indemnify, or hold harmless the party
or parties so failing to cooperate fully in the defense.
The applicant will execute and deliver to the City of Alameda a recordable release and
immunity agreement which will run with the land whereby the applicant agrees to hold
harmless, defend and indemnify the City, its City Council, boards and commissions, officers
and employees from any and all claims brought by the applicant caused by noise, vibration,
overflights, crashes or any other effects related to airport operations. The language and scope
of the agreement will be equivalent to that in the Noise Easement and Avigation Easement in
favor of the Port of Oakland which the applicant will execute and deliver to the Port.
The applicant agrees that it will require parents of students enrolling in the school to sign a
contract acknowledging that the applicant has signed the agreement referred to herein and
requiring the parents to likewise agree to hold harmless, defend and indemnify the City, its
City Council, boards and commissions, officers and employees, from any and all claims
caused by noise, vibration, overflights, crashes or any other effects related to airport
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operations. This contract will include a provision stating that the City is a third party
beneficiary and is given the direct right to enforce the contract against the parents as a
condition of enrollment in the school.
REGULATIONS
35. All regulations of the Alameda Municipal Code shall apply to FDP01 -05 and DR01 -108
except where express provisions have been made in Final Development Plan approval.
AMENDMENTS
36. Additions and/or alterations to buildings within this site shall be subject to design review if
said modifications are in compliance with standards of this Planned Development. Additions
and/or alterations shall be subject to a Planned Development Amendment where they do not
comply to one or more of the requirements.
ACKNOWLEDGMENT OF CONDITIONS
37. 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 applicable provisions of
Alameda Municipal Code in order for this approval to be exercised.
COMMUNITY LIAISON
38. The applicant will maintain a community liaison committee (CLC) composed of residents
interested in discussing and evaluating any neighborhood impacts. Operational aspects of the
projects that can be modified to mitigate specific concerns of the immediate neighborhood
will be the main focus of each meeting. Meetings shall be held on an as needed basis and at
least semi - annually. In addition to Committee members, Alameda City Planning staff and
adjacent Homeowners Association including but not limited to Heritage, Islandia, Garden
Isle, Bay Cove and Lighthouse Cove, will be notified of and invited to all meetings.
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 other exactions. You are hereby further notified that the 90 day appeal period in which you may
protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun. If
you fail to file a protest within this 90 day period complying with all the requirements of Section
66020, you will be legally barred from later challenging such fees or exactions.
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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 20th
day of April, 2002, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, and
Mayor Appezzato 4.
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF,
21st day of April, 2002.
Councilmember Kerr - 1
None.
None.
have hereunto set my hand and affixed the official seal of said City this
uriA
Lara Weisiger, City C1ejk
City of Alameda