Resolution 13827CITY OF ALAMEDA RESOLUTION NO.
3827
UPHOLDING THE PLANNING BOARD OF THE CITY' OF ALAMEDA'S DECISION TO
APPROVE DESIGN REVIEW DR04 -0113 AND PLANNED DEVELOPMENT PD04 -0004 TO
CONSTRUCT A 6,000 SQ. FT. COMMUNITY CENTER AND FOUR DETACHED GARAGES,
EXTERIOR MODIFICATIONS TO EXISTING BUILDINGS, ` AND OTHER SITE
MODIFICATIONS AT THE 615 UNIT HARBOR ISLAND APARTMENT COMPLEX LOCATED
AT 433 BUENA VISTA AVENUE, LOCATED IN ` AN R -4 PD, NEIGHBORHOOD
RESIDENTIAL PLANNED DEVELOPMENT ZONING DISTRICT
WHEREAS, an application was made on November 12, 2004, by Alameda Multifamily
Ventures, LLC., requesting Design Review and Planned Development approvals to construct a 6,000
sq. ft. community center and four detached garages, exterior modifications to existing apartment
buildings, and other site modifications at 433 Buena Vista Avenue ("Project"); and
WHEREAS, the subject property is designated as Medium Density Residential on the
General Plan Diagram; and
WHEREAS, the subject property is located in the R -4 PD, Neighborhood Residential
Planned Development Zoning District; and
WHEREAS, the Planning Board held study sessions on this application on December 13,
2004 and January 24, 2005 to take public testimony and comments' on the proposed design of the
Project and approved the Project after a public hearing on February 28, 2005; and
WHEREAS, on April 5, 2005 the City Council of the City of Alameda held a public hearing
for the appeal of the Planning Board's approval and examined pertinent documents as well as the
record of the Planning Board hearing; and
WHEREAS, the City Council makes the foliowing findings relevant to the Planned
Development application:
1. The Planned Development would allow for a more effective use of the site than is possible
under the regulations of the underlying district with which the Planned Development District is
combined because it provides an opportunity to carry out improvements customized for large
multifamily developments, such as the community center and multi -car garages, where no provisions
are available in the underlying district for such facilities.
2. The Project meets the Planned Development requirements because the proposed community
center and detached garages are accessory uses to the primary residential use The proposed
community center and detached garages do not represent a change or expansion in use of the site
The recreational uses and administrative functions proposed in the community center are uses that
already exist and will be relocated on the site. The uses will be exclusively by the residents of
Harbor Island Apartments and their guests.
3. The Project is consistent with the General Plan because the Project seeks to enhance the
existing residential property by adding recreational amenities and upgrading the aesthetic character
of the existing buildings. As a result, the Project conforms to General Plan Guiding Policy 2.4.a.,
which recommends maintenance and enhancement of the residential environment of Alameda's
neighborhoods.
4. The Project will not have a significant effect on adjacent land uses because it will be located
on a developed site, and would not result in a significant increase in traffic, pedestrian volume, or
parking demand. Furthermore, there will be no adverse effects on aesthetics, open space, noise, or
circulation.
5. The Project will not adversely affect parking because the complex already provides parking
spaces for management and leasing functions along Poggi Street. With the relocation of those
functions to the proposed community center, the parking spaces for the office use would be moved
from Poggi Street to the existing parking area in front of the new building. This change of location
will be beneficial to the city by reducing the frequent ingress /egress pattern generated by the existing
management office at the corner of Poggi Street and Buena Vista Avenue. Furthermore, additional
off - street parking spaces will be created as a result of the Project.
6. The Project will not adversely affect open space, because although the proposed community
center would eliminate three picnic tables and two grills in front of the swimming pool, other picnic
areas and recreational spaces are proposed in various locations on the site. The fitness room,
community room and outdoor patios in the community center will enhance recreational opportunities
by providing a greater diversity of activities for the residents.
7. The site is physically suited for the type of development, because the site is fully developed
and the proposed community center and garages are accessory to the existing residential use.
$. The site is physically suited for the proposed density because the proposed community center
will be providing services to residents who are already on the site. No additional dwelling units are
being created and no significant traffic demand will be generated as a result of this Project.
WHEREAS, the City Council makes the following findings relevant to the Design Review
application:
1 . The Project will have no adverse effects on persons or property in the vicinity, because the
Project consists of improving amenities to residents of the complex and the process requires all
construction to meet current codes and safety standards.
2. The Project is compatible and harmonious with the design and use of surrounding properties,
because the exterior design of the new structures and renovated buildings incorporate common
architectural features representative of Alameda's character, and when all conditions of approval are
met, the Project design will be compatible and harmonious with the surrounding properties.
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3. The Project is consistent with the City's Design Review Guidelines, because the Project
incorporates elements to integrate the site with the surrounding neighborhood as well as enhancing
the design of the existing buildings; therefore the Project is consistent with the City's Design Review
Guidelines.
NOW, THEREFORE BE IT RESOLVED that the City Council finds that the project is
Categorically Exempt under California Environmental Quality Act Guidelines, Section 15301 —
Existing Facilities, Section 15302 - replacement or reconstruction of existing structures and
facilities; Section 15303 - New Construction of Conversion of Small Structures, Section 15304(b) -
Landscaping; and Section 15061(b)(3) - Where it can be seen with certainty that there is no
possibility that the Project may have a significant effect on the environment, the activity is not
subject to CEQA.
NOW, THEREFORE BE IT RESOLVED that the City Council denies the appeal and
upholds the Planning Board's approval of Design Review DR04 -0113 and Planned Development
PD04 -0004 to construct a 6,000 Sq. Ft. Community Center and Four Detached Garages, exterior
modifications to existing buildings, and other site modifications at the 615 unit Harbor Island
Apartment Complex located at 433 Buena Vista Avenue, subject to the following conditions:
1. APPROVED PLANS. The Project shall be completed in substantial compliance with plans
prepared by Axis Architecture + Design, titled "Harbor Island Apartments Design & Planned
Development Review," consisting of forty-seven (47) sheets, dated February 15, 2005 marked as
"Exhibit A ", on file in the City of Alameda Planning and Building Department, subject to the
conditions specified in this resolution.
2. Amendments to this Planned Development approval shall be required when improvements fall
within the criteria specified in AMC Subsection 30- 4.13(m).
3. Project improvements affecting electrical service shall be coordinated with Alameda Power and
Telecom.
4. All Project improvements shall conform to the requirements of the 2001 California Building
Standards Code and Alameda Building, Plumbing, Mechanical, and Electrical Codes.
5. All Project improvements shall conform to the applicable requirements of the Fire Department,
which may include, but not limited to, the installation of Fire Sprinklers and Fire Alarms, to the
satisfaction of the Fire Chief.
6. The applicants shall coordinate with the Police Department to ensure that the Project complies
with public safety requirements noted in the Police Department memorandum to Planning staff
dated December 7, 2004, as amended by subsequent communications between the applicant and
the City, to the satisfaction of the Chief of Police and the Planning and Building Director.
7. The applicants shall coordinate with the Public Works Department to ensure that all components
of the Project complies with city regulations, including but not limited to, urban runoff standards,
sewer testing and maintenance, garbage disposal requirements, integrated waste requirements,
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and improvements affecting the public right -of -way, to the satisfaction of the Public Works
Director and the Planning and Building Director.
8. If changes to the approved landscaping plan along Buena Vista Avenue are necessary, , the
applicants shall coordinate with the Public Works Department on the review and implementation
of the changes.
9. Damage to the sidewalks and pavement in the public right -of -way caused by and related to the
Project improvements shall be repaired and replaced by the applicants, to the satisfaction of the
Public Works Director.
10. Prior to issuance of Building Permits for the Project, the applicants shall submit a Construction-
Phasing Plan, subject to the approval of the Public Works Director and the Planning and
Building Director.
11. Demolition and construction within the City of Alameda are subject to the Construction and
Demolition Debris Ordinance (Section 21- 24 -1). The Alameda Municipal Code states that all
construction and debris within the City shall be collected and transported through the streets of
the City by franchise or permitted hauler (Section 21- 20 -3).
12. The applicants shall comply with Alameda Municipal Code Subsection 21 -41.1, which currently
requires the owner or occupant of any premise to subscribe to and pay for all integrated waste
collection with the City's franchisee, for integrated waste collection services.
13. The applicants shall comply with Alameda Municipal Code Subsection 21 -41.1, which currently
requires that collection of solid waste from residential areas, regardless of collection receptacle,
cart, bin or compactor, be collected a minimum of one time per week (per State of California
Public Resources Code (40000 et seq.).
14. Compactor Monitoring. Compactor size is limited to 10 to 50 cubic yards per the City's
Franchise Agreement and sized to handle the waste generated at a minimum of once a week
service with a legal gross weight of no more than 10 tons. An Integrated Waste Disposal Plan
that includes the use of a compactor shall be approved by the Public Works Director prior to
Certificate of Occupancy. The Plan is to be based upon the development's full capacity and a
monitoring and evaluation program, with monitoring and evaluation criteria approved by the
City, implemented for a minimum of six (6) months after full capacity has been reached. If the
monitoring program demonstrates the Integrated Waste Disposal Plan does not meet the City
standards, the City shall require a revised and approved Integrated Waste Disposal Plan be
implemented within one month's notice, or the City shall have the right to implement the City's
Program if, in its sole discretion, the proposed program is not or has not achieved the City's
program goals and objectives.
15. Use of Trash Removal Train System. Trash removal train system must be covered, have
watertight bodies designed to prevent leakage, spillage or overflow water tight and meet or
exceed all requirements of the State Regional Water Quality Board and Bay Area Air Quality
Management District. Failure to comply with State requirements may result in prohibition of
train use
16. Construction noise 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 a.m. and 7 p.m., and on Saturday between 8 a.m. and 5 p.m., with no
Sunday construction.
17. The proposed garages shall be used exclusively for vehicular parking only, with the exception of
four garage spaces in Garage A, depicted on Sheets A0.50 and A02.18, which maybe designated
for site maintenance activities, equipment, and vehicles.
18. Final plans submitted for Building Permits for the Project shall include a window schedule that
specifies the proposed window material, size, type of opening as well as include a section detail
of the window, to the satisfaction of the Planning and Building Director.
19. Prior to issuance of Building Permits for the Project, the applicants shall sign and record with the
County Recorder's office a Landscape and Common Area Maintenance Agreement with the City.
20. Prior to issuance of Building Permits for the Project, the applicants shall provide a Detailed
Landscaping Plan that is consistent with the approved plans referred to in Condition #1 to
identify the specific locations of all trees, shrubs, groundcover, and pedestrian pathways on the
site. The Detailed Landscaping Plan may include a phasing strategy to accommodate Project
construction, subject to the approval of the Planning and Building Director. The Detailed
Landscaping Plan shall also include details of the irrigation system to demonstrate compliance
with the Water Conservation requirements of AMC Subsection 30 -59.3.
21. Landscaping according to the approved Detailed Landscaping Plan referenced in Condition #20
shall be completely installed prior to Final Design Review Inspection of the final phase
according to the approved Construction- Phasing Plan. Alternatively, the applicant may provide
appropriate bonding security at 125% of the cost of installation of the approved landscaping to
ensure that the landscaping will be installed.
22. The applicants shall coordinate with the City during the implementation of the West Alameda
Neighborhood Improvement Plan and related improvements when the Plan is adopted and
implemented by the City.
23. All Time and Material charges for this application shall be paid in full prior to issuance of
Building Permits for the Project.
24. Any new signage for the site shall be subject to a separate Sign Permit review and approval;
signage for site traffic shall be subject to the approval of the Public Works Director.
25. Prior to issuance of Building Permits for the Project, the applicants shall coordinate with the
Recreation and Parks Director and Planning and Building Director on the payment of the Public
Art Fee for the proposed Community Center and to ensure compliance with AMC Subsection 30-
65.
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26. VESTING. The Design Review and Planned Development approval shall expire one (1) year
after the date of approval or by February 28, 2006, unless actual construction of the Project has
begun within that time or, alternatively, an extension request is filed and approved by the
Planning Board prior to the date of expiration.
27. HOLD HARMLESS. The City of Alameda requires as a condition of this approval that the
applicant, or its successors in interest, defend, indemnify, and hold harmless the City of Alameda
or its agents, officers, and employees from any claim, action, or proceeding against the City or its
agents, officers, and employees to attack, set aside, void, or annul, an approval of the City
concerning the subject property, which action is brought within the time period provided for in
Government Code Section 65009(c). The City of Alameda shall cooperate 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 the City fails
to cooperate fully in the defense, the applicant shall not hereafter be responsible to defend,
indemnify, or hold harmless the City.
28. 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 applicable provisions of Chapter 30 of the Alameda Municipal Code in order
for this approval to be exercised.
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 plus extensions authorized by California Code of Civil Procedure Section 1094.6.
NOTICE. The Conditions of Proj ect 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.
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 the regular meeting of the City
Council on the 5th day of April, 2005, by the following vote to wit:
AYES:
NOES:
ABSENT:
Councilmembers Daysog, deHaan, and Mayor Johnson -
Councilmembers Gilmore and Matarrese 2.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 6th day of April, 2005.
Lara Weisiger, City Cl
City of Alameda