Resolution 14064CITY OF ALAMEDA RESOLUTION NO.14064
UPHOLDING PLANNING BOARD APPROVAL OF PLANNED
DEVELOPMENT, PD05 -02 AND DESIGN REVIEW, DR05 -0126
FOR GRAND MARINA VILLAGE
WHEREAS, an application was made on November 22, 2005 by
Warmington Homes for a Planned Development to construct 40 single family
homes, off - street parking, landscaping and associated improvements on an
approximately 3.5 acre site; and
WHEREAS, the subject property is proposed to be designated Specified
Mixed Use (MU -6: Northern Waterfront) on the General Plan Diagram; and
WHEREAS, the subject property is proposed to be located in a MX
(Mixed Use - Planned Development) Zoning District; and
WHEREAS, a Negative Declaration (SCH #2006042145) has been
prepared by the City of Alameda ( "City ") pursuant to CEQA Guidelines; and
WHEREAS, the Planning Board has considered the Negative
Declaration; and
WHEREAS, the Negative Declaration was prepared in compliance with
CEQA and reflects the independent judgment of the City; and
WHEREAS, the Planning Board has held a public hearing on this
application on October 9, 2006, and has examined pertinent maps, drawings,
and documents; and
WHEREAS, the Planning Board has made the following findings relative
to Planned Development, PD05 -02:
1. The proposed Planned Development is consistent with the
General Plan, which specifies residential uses for this site.
2. The Planned Development is a more effective use of the site than
is possible under the regulations for the district with which the
Planned Development District will be combined because a
Planned Development allows for a comprehensive development
of the site.
3. The Planned Development, if it complies with all the mitigations of
the Mitigation and Monitoring Reporting Program (MMRP), will not
have a significant adverse effect on adjacent land uses.
4. The layout of the proposed Planned Development project
complies with the provisions of the Subdivision Map Act and the
Alameda Subdivision Regulations. The division of the site will be
subject to a separate subdivision application to ensure full
compliance.
5. The proposal complies with maximum density of one dwelling unit
for every 2,000 square feet of parcel area.
WHEREAS, the Board has made the following findings relative to Design
Review, DR05 -0126:
1. The project will have no significant adverse effects on the persons
or property in the vicinity because the proposal is consistent with
the underlying zoning and General Plan designation.
2. As conditioned, the project will be compatible and harmonious
with the design and use of surrounding area because the design
is similar to the small lot, single family detached residences in the
adjacent subdivisions.
3. As conditioned, the project is consistent with the City of
Alameda's Design Review Guidelines because the proposed
traditional design theme is consistent with the area; the proposed
two and three -story buildings have a similar scale as other
dwellings in the area; and the proposed building components,
such as windows and doors, are well proportioned and compatible
with each other.
NOW, THEREFORE, BE IT RESOLVED that the Planning Board:
Conditionally approved Planned Development, PD05 -02 and Design
Review, DR05 -0126.
BE IT FURTHER RESOLVED that the City Council upholds the Planning
Board approval, subject to the following conditions:
APPROVED PLANS
1. The plans submitted for the Building Permit and Final Design Review
shall be in substantial compliance with the Grand Marina Village Master
Plan prepared by Warmington Homes and the Dahlin Group dated
September 15, 2006, which is on file in the office of the City of Alameda
Planning Department, subject to the conditions specified in this
resolution approving the project.
2. The applicant shall be responsible for maintaining and periodically filing
a Mitigation Monitoring and Reporting Program to demonstrate
compliance with all project mitigations.
DEVELOPMENT PLAN IMPLEMENTATION
3. Where there are substantially similar requirements, or inconsistencies
contained in the conditions of this approval and the Tentative Map
approval for Tract 7723, and the Mitigation and Monitoring Reporting
Program, the conditions shall be considered together and the more
extensive and /or more detailed provisions shall govern, unless
specifically approved by the Planning and Building Director.
4. Each phase of development shall provide the necessary street, utility,
and other infrastructure to support that phase, the previous phases, and
existing maritime operations on the site.
REGULATIONS FOR PLANNED DEVELOPMENT, PD05 -0002
5. All regulations of the Alameda Municipal Code shall apply to PD05 -0002
except where express provisions have otherwise been made in this
Planned Development approval.
6. Minimum building setbacks, height, number of stories, coverage and site
plan dimension shall be as shown in Grand Marina Village Master Plan.
7. Model homes and temporary tract sales offices, construction offices or
other incidental operations occurring during construction and /or sales are
not approved as part of this Planned Development approval and require
a separate Use Permit. The specific number of facilities, location,
design, screening, dust control, noise, utilities and parking shall be
subject to an administrative Design Review approval by the Planning and
Building Director.
8. No accessory structures or building additions shall be permitted without
a Planned Development Amendment. The Covenants, Conditions and
Restrictions established for this project shall incorporate this restriction.
9. Prior to the issuance of a building permit, the applicant shall submit a
Final Design Review application for review and approval by the Planning
and Building Director that includes the following:
a. Final building elevations with color and material boards.
b. Final location, design, height and material of backyard /patio
fences.
c. Final window details including material and manufacturer's
cutsheets.
10. Prior to issuance of a Building Permit, the applicant shall submit a Final
Landscaping . Plan in substantial compliance with the Grand Marina
Master Plan, except as modified by the conditions of this resolution.
Final Landscaping Plans shall contain the following:
a. Complete plant list with the common and scientific name,
quantities and spacing of all plant species.
b. Tree sizes shall be a minimum of 15 gallon size.
c. 50% of shrubs shall be 5 gallon size.
d. An irrigation plan with automatic controller for all front yards,
and common area landscaping.
e. A statistical analysis of the percentage turf used, if any, within
the common areas, and all front yards.
f. Mulching and staking details.
g. Private fence design.
h. Mail box and other street furniture design.
i. All street intersection landscaping, walls and fencing shall
meet City sight distance requirements to the satisfaction of the
City Engineer.
j. Landscape and Lighting Maintenance Agreement between the
applicant and the City. The Agreement shall include provisions
for maintaining landscaping in good condition over the life of
the project and shall include provisions for lighting and other
public safety measures. The public safety measures shall be
reviewed and approved in consultation with Police Department
and shall include, but not limited to, the following: building
address numbers, exterior lighting, exterior door light sources,
monument sign light sources, plants and shrubs height to
maintain sight lines, trees canopy minimum height to maintain
sight lines, and parking lot signage.
11. Lighting of the common area shall be shown on the Final Landscape
Plan and shall be as low in intensity as possible consistent with safety
requirements. Fixtures shall be submitted for review and approval by the
Planning and Building Director and Police Chief as part of the final
landscaping plan approval. The location, height, type and lighting level of
all light standards shall be shown on improvement plans and approved
by the City Engineer.
12. Each of the two triangular mini -parks within the Grand Marina Village
residential development shall be substantially completed to the
satisfaction of the Planning & Building Director prior to occupancy of the
residential development.
13. Each of the two mini -parks within the residential development shall be
maintained by the Homeowners Association, but shall be dedicated as
public access to the City of Alameda.
14.Any landscaping within the street right -of -way shall be in substantial
conformance to that shown in the Master Plan, as modified, to the
satisfaction of the City Engineer based on the substantial conformity
standard.
15. The curb planter strip along Grand Street shall not include trees, as the
strip lies above an existing 48" storm drain line.
16. Landscaping materials shall be designed and selected so as to not
obstruct signs or building numbers or building entrances on the site and
required sight clearances for vehicles at intersections and crosswalks.
Tree planting shall be designed and selected to highlight pedestrian
pathways and entrance driveways through the business park parking
lots.
17.The applicant shall use recycled water in accordance with EBMUD
requirements for recycled water, subject to availability. The applicant
shall meet and confer with EBMUD regarding the availability and use of
recycled water at the Development Plan stage of review.
PARKING, DRIVEWAYS AND GARAGES
18. Parking shall not be permitted on any driveway within the Grand Marina
Village_residential development. The Covenants, Conditions and
Restrictions (CC &Rs) shall reflect this limitation unless specifically
approved as part of a Development Plan.
19.The twelve (12) guest parking places within the Grand Marina Village
residential development shall be available for and identified as short-
term visitor parking. The Covenants, Conditions and Restrictions
established for this Project shall prohibit the use of the guest parking
spaces by project residents.
NOISE
20.AII equipment used on the Project shall be adequately muffled and
maintained to the extent feasible and to the satisfaction of the Public
Works Director and all equipment shall be turned off when not in use,
consistent with the City's Noise Ordinance.
AMENDMENTS
21.Additions and /or alterations to residences within the project 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 with one or more of the requirements. Minor project design
details, engineering standards and specifications may be established,
modified and approved by the Director of Public Works, Director of
Planning and Building or their designee.
CONSTRUCTION
22. Prior to construction, the applicant shall submit a construction plan for
the Development Plan which will outline the sequence of actions
including: staging of construction activities, schedule, final grading,
construction within BCDC jurisdiction, and all other construction
activities.
23. Prior to commencement of any construction activity, the applicant shall
coordinate a meeting with City Staff and the Contractors team to discuss
the Conditions of Approval and mitigation measures on the Project. The
intent is that the Contractor fully understands the actions necessary to
implement the mitigation measures and to comply with the conditions of
approval of the City of Alameda.
24. Construction shall be limited in compliance with AMC Article I I Noise
Regulations, Section 4 -10. The limitations restrict construction activities
outside the hours between 7 a.m. and 7 p.m. on weekdays, and 8 a.m.
and 5 p.m. on Saturdays.
25. Prior to issuance of any site development or demolition permit, the
applicant shall develop a construction management plan to the
satisfaction of the Planning and Building Director. The construction
management plan shall include a handout for neighboring property
owners and shall accomplish, at a minimum, the following:
a. Provide the name and contact number of the construction
manager;
b. Describe the hours of operation;
c. Identify the projected construction schedule.
PROJECT AREA REQUIREMENTS
26. Prior to issuance of building permits, the applicant and the Community
Improvement Commission shall enter into an agreement providing for:
a. Affordable Housing within the project consistent with CIC
Resolution No. 04 -127 establishing an inclusionary housing
policy for the Business and Waterfront and West End
Community Improvement Projects.
b. Amendment to the Business and Waterfront and West End
Community Improvement Plan to allow mixed use
development.
c. Payment of a fair share contribution to traffic signals required
for Northern Waterfront build out, as required by the MMRP.
d. Establishment of a Northern Waterfront Transportation
Demand Management program funding strategy for the
provision of water -based or land -based shuttle services to
Oakland from the Northern Waterfront area. The TDM funding
plan shall be designed to cover all properties within the
Northern Waterfront area, including the Grand Marina site, the
Del Monte site, the Encinal Terminal site, the Pennzoil site,
and the City's corporation yard and animal shelter sites. The
TDM program and funding plan shall be coordinated with the
proposed Catellus Project, Alameda Landing, TDM program to
facilitate creation of a larger West End TDM program.
PUBLIC UTILITIES AND FACILITIES
27. The siting, size, location and design of above ground facilities such as
utility cabinets, and mail collection boxes shall be shown on
improvement plans and approved by the City Engineer and Planning and
Building Director.
28.The applicant shall incorporate water conservation measures for both
internal and external use in the design and construction of the Project.
This shall include the use of equipment, devices and methodology that
further water conservation and provide for the efficient use of water to
the reasonable satisfaction of the Public Works Director.
29. If the stormwater treatment measure includes bioswales, the tree and
ground cover selection shall be adaptable to in urban runoff swale areas.
30. Tree clearances from utilities shall be as follow: a) Fire hydrant — 6 feet;
b) top of driveway wing — 5'; c) stop signs — 15'; d) street/pathway lights
and utility poles — 25'; e) storm drain, sanitary mains, gas, water,
telephone, electrical lines — 5'; f) front of electrical pad- mounted
equipment — 10'. Verify minimum clearance distances of street
trees /shrubs from electrical transformers with City of Alameda Power
and Telecom (AP &T ).
31. Final landscape plans shall ensure that all landscaping and bioswales
are designed to minimize irrigation and runoff, promote surface
infiltration where appropriate, and minimize the use of fertilizers and
pesticides that can contribute to storm water pollution. As appropriate,
integrated pest management (IPM) principles and techniques shall be
incorporated into the landscaping design. Where feasible, landscaping
shall be designed and operated to treat storm water runoff by
incorporating elements that collect, detain and infiltrate runoff.
32. Prior to or concurrent with the submittal of a building permit application,
the applicant shall submit to the satisfaction and approval of the Public
Works Director the following items:
a. Plans that indicate the applicant shall construct stormwater
treatment measure(s) that meet the hydraulic sizing design
criteria indicated in Provision C.3.d of the City of Alameda's
municipal NPDES stormwater permit. Storm water runoff onto
adjacent properties will not be allowed.
b. An Impervious Surface Form, indicating the proposed total
change in impervious surface area for the project site.
c. A sanitary sewage flow analysis to determine sanitary sewage
quantities of the proposed development.
d. A storm drainage analysis to insure adequate drainage
capacity for the proposed project. Design Review and Final
Development Plan plans need to accommodate for the proper
sizing design of the necessary stormwater treatment
measure(s).
e. Plans that indicate roof leaders shall be connected to the
private area drain system and shall discharge into landscaped
areas away from the foundation. Additional design techniques
may include, but not be limited to, the use of pervious
pavement in parking areas.
f. Site traffic signing.
33. The proposed project plans shall incorporate, to the maximum extent
practicable, permanent stormwater design techniques to manage the
quantity and quality of stormwater runoff from the planned project site to
prevent and minimize impacts to water quality.
34. Stormwater treatment measures that function primarily as infiltration
devices shall, where practical, protect groundwater from pollutants that
may be present in urban runoff. The vertical distance from the base of
any infiltration device to the seasonal high groundwater mark shall be at
least ten feet (10') unless a collection system or another diversion
method collects a reasonable amount of the infiltration.
35. Trash enclosures and /or recycling areas shall be roofed and /or
enclosed. These areas shall be designed to prevent water run -on to the
area and runoff from the area. The floor drains for the trash enclosures
and the recycling area should connect to the sanitary sewer system.
36. Given that the total disturbed area for the project will be greater than one
acre, the applicant must submit a Notice of Intent (NOI) form to the
California State Water Resources Control Board (SWRCB), indicating
the intent to comply with all requirements of the SWRCB Construction
Activity Storm Water NPDES General Permit (Permit).
37. In compliance with the NOI submittal to the SWRCB, the applicant shall
prepare and implement a thorough Storm Water Pollution Prevention
Plan (SWPPP) document to ensure appropriate protection of storm
water quality during the project's construction activities.
38. The applicant shall submit to the. City's Public Works Department (PWD)
a copy of the completed project NOI and SWPPP documents, as
required for preparation by the SWRCB, with sufficient time for both
document review by the PWD and any necessary
corrections /modifications to the SWPPP by the applicant prior to
commencement of any soil- disturbing activity.
39. Prior to the granting of a certificate of occupancy, an Operation and
Maintenance (O &M) agreement and O &M plan for all post- construction,
permanent stormwater treatment controls shall be prepared and
submitted to the City for approval. The O &M plan shall include:
treatment type, location(s) of treatment measures, maintenance
requirements, maintenance schedule, assurances of party responsible
for O &M, and assurances of access to inspect and verify treatment
system O &M for the life of the project.
40. The applicant is responsible for ensuring that all contractors and sub-
contractors shall, during all construction activities, comply with the
SWPPP elements, the City of Alameda's Urban Runoff Standard
Conditions of Approval and the Best Management Practices (BMPs) for
construction activities indicated in the Alameda Countywide Clean Water
Program brochures during all construction activities.
41. Storm drain inlets shall have filter inserts and shall be clearly marked
with the words "No Dumping! Drains to Bay," or equivalent, using
methods approved by the City of Alameda's PWD.
42. Plan sheets prepared for the construction phase shall indicate the
specifications for the installation and upkeep of the erosion control
mechanisms as described in the project SWPPP. Specifications shall be
provided for the perimeter protection(s), any silt fencing and fiber rolls
used, the storm drain inlet protections, the stabilized construction
entrance(s) and exits and vehicle tire wash area(s), the vehicle and
equipment servicing area(s) and the materials handling and storage
area(s). These specifications shall meet the same level of erosion and
sediment control effectiveness identified for erosion and sediment
control practices established in the San Francisco Bay Regional Water
Quality Control Board's Erosion and Sediment Control Field Manual and
the California Stormwater Quality Association's Stormwater Best
Management Practice Handbook — Construction.
43. For projects creating or replacing greater than or equal to 10,000 square
feet of impervious surface, applicant must submit a stamped, signed
certification from a Civil Engineer registered in the State of California and
working for a firm included on the Bay Area Stormwater Management
Agencies Association (BASMAA) list of Qualified Post- Construction
Consultants for stormwater treatment facility design that indicates that
the treatment measure design plan meets the established sizing design
criteria for stormwater treatment measures.
SOLID WASTE AND RECYCLING
44. Prior to occupancy of the first home within the residential area, the
applicant shall submit a plan to the City Solid Waste Coordinator for
review and approval outlining how the applicant with comply with the
City's Solid Waste and Recycling Ordinance for the storage and disposal
of Solid Waste. The applicant shall use the recycling services of a
licensed recycling program, providing adequate space and support to
ensure the program's success. The applicant shall use best
management practices to reduce the generation of solid waste and to
divert as much material as possible from being deposited in a landfill, in
accordance with the City Public Works Department Standard Conditions
of Approval for Waste Management
45. The applicant shall submit plans to comply with the requirements of the
City of Alameda Public Works Department, Urban Runoff Manager and
the Alameda Countywide Clean Water Program at the Development
Plan stage of review, including Provision C.3 of the Alameda Countywide
Clean Water Program. These plans shall address Best Management
Practices (BMP's) and methods to clean debris, which may contaminate
storm drains and shall be approved by the Planning and Building
Director and Public Works Director at the Development Plan stage of
review.
46.A Master Sign Program for the residential development shall be
considered prior to or in conjunction with the Development Plan for the
first building phase of the residential portion of the Project. The Master
Sign Program shall provide for an adequate number, size, type and
location of signs to ensure that the site can be easily located by potential
buyers. No sign shall be installed without prior issuance of a sign permit.
FIRE SAFETY REQUIREMENTS
47. The applicant and all contractors shall adhere to the standard conditions
required by Alameda Fire Department, as part of individual Development
Plans.
48. The applicant shall provide a "grass paver" emergency vehicle access
(EVA) easement running north from Fortmann Way through the 0.19
acre triangular park so as to facilitate Fire Department access to the
alley between Tots 33 -36 and 37 -40. The EVA shall include a 28' inside
turning radius.
49. The applicant shall post "No Parking" signs in all alleys within the
residential subdivision. •
50. The applicant shall provide sprinklers in all living spaces, attics, and
garages of the residential units.
ALAMEDA POWER & TELECOM (AP &T)
51. The applicant shall provide utility information as required by AP &T staff
together with building permit plans for review and approval by AP &T.
HOLD HARMLESS
52. The applicant, or its successors in interest, shall 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 this project, which action is brought within the time
period provide for in the Government Code. 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 subdivider shall not hereafter be
responsible to defend, indemnify, or hold harmless the City.
ACKNOWLEDGMENT OF CONDITIONS
53. Prior to the issuance of any building permit for the site, 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
the Planned Development to be exercised.
VESTING
54. The Planned Development shall terminate one (1) year from October 23,
2006, and shall expire on October 23, 2007, unless actual grading,
construction or alteration under valid permits has begun, or the applicant
applies for and is granted a one -time one (1) year extension prior to the
expiration of the Use Permit.
55. The Design Review approval shall terminate one (1) year from October
23, 2006, and shall expire on October 23, 2007, unless actual grading,
construction under valid permit has commenced, or the applicant applies
for and is granted a one time twelve (12) months extension prior to the
expiration of the Design Review.
MASTER PLAN, TENTATIVE MAP AND MMRP COMPLIANCE
56. The Planned Development shall be in substantial compliance with the
provisions of the Grand Marina Master Plan (September 15, 2006), and
other entitlements, as amended, City infrastructure design standards, as
revised by the City Engineer, as well as the mitigations contained in the
Mitigation and Monitoring Reporting Program prepared for the Grand
Marina Village Project.
PLANNING BOARD CONDITIONS AS MODIFIED BY THE CITY COUNCIL
1) The applicant will study the feasibility or exposing the underlying wood
planks and provide a consistent cosmetically appealing walking and
bicycling surface. If upon further study by the applicant, it is determined by
the Planning and Building Director that exposing the existing wood planks is
financially infeasible, unsafe, or contrary to water quality standards, the
Planning Director may approve an asphalt resurfacing plan.
2) The existing asphalt pedestrian path from Grand Street to the Alaska
Packers building will be widened and resurfaced to provide an well
maintained, adequately sized, and safe bicycle and pedestrian path along
the waterfront. Per condition #49, the project shall be responsible for the
maintenance of the sidewalk.
3) The applicant shall provide signage to direct traffic down Fortmann to the
marina parking lot to discourage use of Hibbard by marina -bound traffic.
4) The Grand Street sidewalk shall be widened to facilitate pedestrian
access to the waterfront.
5) The waterfront open space landscaping plan between Hibbard and
Alaska Packers should be revised to include larger areas of turf for informal
seating.
6) The final architectural submittal to the Planning • and Building Director
shall include revisions to the third story elements. The revisions will reflect
the design of the third stories in the Marano Project in Cupertino. In addition
the final architectural submittals will be reviewed to ensure that the project
includes high quality windows, and the Grand Street elevations will also be
reviewed to ensure that the Grand Street project frontage is well articulated
architecturally and attractively landscaped. The Planning and Building
Director shall consult with Mr. Chris Buckley on the final design approvals.
7) To reduce automobile trips to and from the site, the applicant shall
provide voice, video, data, and telemetry services to each home in the
Project. The developer agrees to negotiate in good faith with APT for the
purpose of entering into preferred provider marketing agreements with APT
for voice, video, data, and telemetry services to the residences. The
developer shall make certain portions of the Project available to APT to
construct its telecommunications facilities for the purpose of providing APT
Services to consumers within the portions of the Project within Developer's
ownership and /or control, with the understanding that APT will obtain and
maintain the requisite legal and regulatory authority under any and all
governmental authority and applicable laws to provide the APT Services to
the Project including without limitation, the required permits, franchises,
certificates, licenses, and approvals for the design, construction, installation,
operation and maintenance of and access to the Project and network
facilities. Neither Developer nor APT will prohibit, restrict, discriminate
against or seek to prevent any other service provider access to the Project
for such service provider to provide competing services, including, without
limitation, precluding the other service providers from access to the conduit,
poles, ducts, and other rights -of -way used to provide the APT Services.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda during the Regular
Meeting of the City Council on the 16th day of January 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 17th day of January, 2007.
Lara Weisiger, City CI k
City of Alameda