Loading...
Ordinance 2802CITY OF ALAMEDA ORDINANCE NO. New Series 2802 APPROVING (MPA-99-01) AMENDMENT TO THE MASTER PLAN FOR ALAMEDA MARA VILLAGE Section I Findings. By its Ordinance No. 1990 N., adopted November 20 , 1979 , this Council approved the Master Plan for Alameda Marina Vilage , a project incorporating residential , commercial recreational , offce and open space uses locatcd on land along the Oakland-Alameda Estuary; and by its Ordinance No. 2213 N., adopted October 2 , 1984 , this Council approved the Master Plan Amendment for Alameda Marna Village , which amended the Master Plan Land Use Diagram for the project permitting Office and Research and Development Use for portions of the Marina Vilage property; and the Council approved a Master Plan Amendment , MPA-90-, for the uses permitted in Parcels Band C of the Marina Village property; and by its Ordinance No. 2610 N., adopted July 21 , 1992 , this Council approved the Master Plan Amendment for Alameda Marna Vilage , which amended the Master Plan Land Use Diagram for the project affectingParcelsB and C , approving amix of Office , Research and Development , and residential uses for portions of the Marina Village property; and WHEREAS , Extended Stay America , Inc., and Alameda Marina Vilage Associates applicants ) has presented to the Council for approval a Proposed Amendment to the Master Plan (MPA..99-01); and WHEREAS, the Planng Board heard and considered this application and on June 14 , 1999 voted to recommend to the Council approval ofthe Intial Study/Mitigated Negative DecIaration (IS- 99-01), and Master Plan Amendment (MPA-99-01) for Alameda Marna Vilage; and WHREAS , in accordance with Section 15070 of the CEQA Guidelines , the City Council has required changes and alterations to be incorporated into the project , which wil avoid or substantially lessen the potential signficant effects identified in Negative Declaration; and WHEREAS, on July 6 , 1999 the Council has adopted a resolution approving a Mitigated Negative Declaration of Environmental Impacts for Master Plan Amendment , MPA-99-01; and WHEREAS, on July 6 , 1999 , after notice duly given , the Council considered said Amendment to the Master Plan (M A-99-0 1), conducted a public hearng considered pertinent plans documents , the Planning Board's recommendation and the staff report and made the following findings: The project as designed complies with the Business Park designation in the General Plan and the M-X District of the Alameda Zoning Ordinance; and The proposed project is a permitted use under the approved Marina Vilage Master Plan; because a hotel is an allowed use within the M-X (Mixed Use Planned Development) Zoning District; and The proposed project wil be compatible with existing development within the area because the Master Plan Amendment is consistent with the M-X Zoning District objectives for a) a pedestrian , non-automotive environment; b) enhancement and preservation of unque qualities; c) accessible recreation areas; and d) mutual interdependence of land uses , because the hotel is a land use which increase the diversity of uses in the Marna Village area, thereby reducing reliance on automobile access between uses , the development would improve the waterfront area and provide public access to the shoreline , the shoreline area would be improved with a walkay, plaza and lawn area, providing for limited passive recreational use by the public and more active recreational use for walking, hiking and bicycling when the walkway eventually connects with other shoreline trails in Marina Vilage , Marner Square and fuher to the west , and the hotel would be a compatible land use with the business park and residential uses in the Marna Vilage area, enhancing the area s business environment by providing nearby accommodations for persons doing business in this vicinity of Alameda; and The proposed project would improve the waterfront area and provide public access to the shoreline , because the Master Plan Amendment serves the intent of the Bay Conservation and Development Commission in providing access to the San Francisco Bay by providing a new segment of the shoreline trail, which wil eventually link to. the main Marna Vilage shoreline trail, thereby extending public access to the shoreline, and because improvements to enhance the public access to the shoreline are included in the project enhancing and preserving the unique qualities of the project site and surroundings; and The shoreline area would provide for recreational use by the public , because the project provides a walkay, plaza and lawn area, for limited , passive recreation by Marina Vilage residents , area employees , and all other Alameda residents; and The proposed project would be a compatible land use with the business park and residential uses in the Marina Vilage area, and would enhance the area s business environment by providing nearby accommodations for persons doing business in this vicinity of Alameda. The project is consistent with the General Plan because the hotel is. a permitted use under the Business Park designation, and because the proposal, to the extent it complies with all conditions upon which the approval is made contingent, wil not adversely affect other property in the vicinity. Mitigation measures included as par of the project would avoid or reduce potential impacts to a level of insignificance , including potential impacts related to constrction dust emissions , traffc congestion, lead- and petroleum-contaminated soil , and the noise effects of pile driving; and Master Plan Amendment , MP A-99-, subject to the imposed conditions , is in conformance with the adopted General Plan of the City of Alameda , as amended by GPA-92-, adopted by a resolution of Council on July 7 , 1992; and The Master Plan Amendment , MP A-99-0 1 , as conditioned in this ordinance , complies with the provisions ofthe Alameda Zoning Ordinance, which governs the Mixed Use Distrct; and The proposed hotel , offce and open space uses are an appropriate mix of uses , well suited to the Marina Vilage projectvas a whole; and. The Master Plan Amendment, MP A -99-, provides suffcient area and encourages adequate public accessibility and useage of the water/land interface; and. 10.The City Council has been advised that subject to meeting City standards and requirements and subject to amending the marna Village Master Plan or the City of Alameda General Plan the proposed developmet would be consisitent with the Plan for the West End Community Improvement Project. Based on the findings , the Council determined that MP A-99-01 should be approved. Section 2 Conditions. NOW THEREFORE , BE IT ORDAID by the Council of the City of Alameda that the proposed Amendment to the Master Plan for Alameda Marina Vilage (MPA-99-01), is hereby approved , subject to the following conditions: APPROVED PLANS The project shall be constructed in substantial compliance with plans prepared by Architectural Dimensions , dated April 17 , 1999 and revised through June 14 , 1999 consisting ofthe 4 sheets listed below and labeled Exhibit ", and on fie in the offce of the City of Alameda Planning Departent , except as modified by the conditions described herein; a. DR- b. DR- c. DR- d. DR- Cover Sheet Survey Map Approved Master Plan Proposed Master Plan For purposes of this approval , all floor areas are "Gross Floor Area." Gross floor area is defined as the floor area contained within the exterior walls of the buildings: this includes the total area within the building shell , including corrdors , lavatories , elevators, and lobbies etc. These conditions run with the land and shall apply to the life of the project, except as satisfied pursuant to their express terms. LIMITATION OF USES Master Plan Amendment MP A-99-0l supersedes MP A-92-, and eliminates the previously proposed 180 000 square feet of office development on the southern portion of Parcel B. MP A-99-01 approves a 121-room, 4-story hotel development , consisting of 56 840 square feet , with associated parking and landscaping on Parcel C, displacing the previously proposed offce parking, and retains the existing Shipway offce buildings on Parcel B which contain 55 600 square feet of office uses and associated parking and landscaping. The MP A includes development ofthe 0.8-acre shoreline parcel for public access to the Alameda waterfront , and the 72-unit residential development proposed on Parcel B under MP A-92- is also retained. DEVELOPMENT PLANS The applicant shall submit and obtain approval of a Development Plan for each phase of the Master Plan in accordance with the AMCSection 30-4.20 , prior to the issuance of any building permits. Such development plans shall be reviewed by the Planning Board to ensure that design in a manner compatible with existing and potential contiguous uses is achieved, and the project meets all other requirement of the Zoning Ordinance. TRAFIC MITIGATIONS The Project applicant wil be required to contribute a fair share to the cost of roadway improvements , as indicated in the Initial Study/ Mitigated Negative Declaration dated May , 1999 , in Table 12 , page 97 , which are expected to alleviate congestion or otherwise mitigate the cumulative effects oftraffc growth in west Alameda and the regional highway system. The City of Alameda Department of Public Works , Traffc Division, has indicated that the fair share contrbution for which the project applicant would be responsible is an estimated $54 964. The actual contribution shall be based on the best cost estimates available at the time of contribution. The applicant shall also make annual contributions to the City of Alameda for the BART Shuttle , calculated at the rate of $50 per employee , adjusted anually by the CPI for the Bay Area. REQUIRED PERMITS The applicant shall obtain all required regional permits including but not limited to permits from the Bay Conservation and Development Commission, prior to conducting any construction activities over which such regional agency has permitting authority. MARA VILLAGE TRAIL 10.The applicant shall use its best efforts to facilitate an enhanced connection of the shoreline trail to the northwest , through the Barnill property. The applicant shall submit a plan showing the trail location and design to the satisfaction of the Planning Director unless this requirement is waived by the Planning Director due to the refusal of access and improvements by adjacent property owners. The City and/or the CIC wil not acquire the right-of-way through eminent domain powers. This requirement will be included in any future Development Agreement , unless specifically excluded by the City Council. INEMNFICATION 11.The City of Alameda requires as a condition of this Master Plan Amendment approval that Extended Stay America , Inc., and Alameda Real Estate Investments , or their successors in interest , defend , indemnify, and hold harless the City of Alameda or its agents , officers and employees from any claim , action , or proceedings against the City or its agents , offcers and employees to attack, set aside , void , or annul an approval of the City concerning the Initial Study/Mitigated Negative Declaration, or the Master Plan Amendment , which action is brought within a lawful time period. The City of Alameda shall promptly notify the applicant of any claim , action , or proceedings , and the City shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim , action , or proceedings , and cooperate fully in the defense , the applicant shall not thereafter be responsible to defend , or hold harmless the City. ACKNOWLEDGMENT OF CONDITIONS 12. Attest: Prior to the issuance of any building permit, the permittee shall acknowledge in writing all ofthe 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 Master Plan Amendment to be exercised. ity Clerk the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 20th day of July , 1999 , by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr and Mayor Appezzato - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNSS , WHREOF , I have hereunto set my hand and affxed the offcial seal of said City this 21st day of July , 1999. Diane Felsch, City Clerk City of Alameda