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Ordinance 2872CITY OF ALAMEDA ORDINANCE NO. 2872 New Series APPROVING MASTER PLAN AMENDMENT MPA-OI-OOOI FOR MIXED USE DEVELOPMENT INCLUDING SINGLE-FAMILY RESIDENTIAL OFFICE , RESEARCH AND DEVELOPMENT , OPEN SPACE , AND LIMITED RETAIL USES AS WELL AS SITES FOR MULTIPLE FAMILY RESIDENTIAL AN A SCHOOL , LOCATED WITHIN A PROJECT ARA ENCOMP ASSING APPROXIMATELY 215 ACRES OF LAN AND WATER AT THE FORMER ALAMEDA FLEET AND INUSTRIAL SUPPLY CENTER AN ANNX NAVAL AIR STATION (NAS) ALAMEDA EAST HOUSING BE IT ORDAIND by the City Council of the City of Alameda that: Section 1.In accordance with Subsection 30-20 ofthe Alameda Municipal Code Master Plan MPA-OI-OOOOI , as shown on Exhibit "A" on file inthe Office ofthe City Clerk and amended by the conditions in Exhibit "B" is hereby adopted for all the real property within the 215 acre site situated within the City of Alameda , county of Alameda, State of California , located generally south of the Oakland-Alameda Estuar, west ofthe Marer Square eommercial area, north of the College of Alameda.and AtlanticAvenue , and east of Main Street exc1usive of the Alameda Gateway Center, U.S. Coast Guard Housing, and Miler Elementary School. Section 2. The above Master Plan AmendmentMPA-OI-OOOI shall be known as and referenced to as Catellus Alameda Project Master Plan (hereinafter Catellus Master Plan) dated October, 2001 , as amended. Section 3.This Ordinance shall be in full force and effect from and. after the expiration of thirty (30) days from the date of its final passage subject to the signature of the development Agreement. Attest: lO/ kl ' City Clerk Exhibit A - Catellus Alameda Projeet Master Plan (on fie in the Office of the City Clerk) Exhibit B - Conditions of Approval- Master Plan Amendment MP-OI-OOOI g:\specproj\fisc\200 1 \ampord.cc 1 CONDITONS OF APPROVAL - MASTER PLAN AMENDMENT MP-OI-OOOI EFFECTIVE DATE The Master Plan amendment shall not be in force and effect unless and until the following conditions have been satisfied: The City Council first approves the Addendum to the Final Environmental Impact Report and approves the General Plan Amendment (GPA-01-0004) and it is in effect. HOLD HARMLESS In the event of any legal action instituted by a third party challenging the validity of any provision of this amended Master Plan , the procedures leading to its adoption , or the issuance of Project Approvals (including the Subsequent Approvals) for the Project , Developer and City each shall have the right , in its sole discretion , to elect whether or not to defend such action , to select its own counsel (and pay for such counsel at its own expense), and to control its participation and conduct in the litigation in all respects permitted by law. If both Parties elect to defend ,. the Parties hereby agree to affrmatively cooperate . in defending. said action and to execute a . joint defense and confidentiality agreement in order to share and protect information , under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action , City and Developer shall coordinate their defense in order to make the most effcient use of legal counsel and to share and protect information. Developer and City shaU.each have sole discretion to terminate its defense at anytime. City retains the option to .select and employ independent defense counsel at its own expense. If, in the exercise orits sole discretion , Developer agrees to pay for defense counsel for City, Developer shall jointly participate in the selection of such counsel. Notwithstanding the .provisions of California Government Code Section 66474., City shall not require , as a condition for . a Tentative Map application or. approval , or. any. other applications for Project approvals , that Developer defend , indemnify or hold harmless the City from any claim, action or proceeding against the City to attack , set aside , void or annul a City approval concerning a subdivision. APPROVED PLANS The Project shall be constrcted in substantial compliance with the document titled "Catellus Alameda Project Master Plan " prepared by Catellus Development Corporation , dated October , 2001 on file in the offce of the City of Alameda Planning Departent , except as modified by the Master Plan conditions approved herein. 3a.No Development Plans shall be approved for any development , including any utilities necessary to serve that development, located on or north of the Union Pacific right-of-way unless and until the City or CIC acquires the Union Pacific right-of-way. VESTING These conditions run with the land and shall apply to the life of the Project , except as satisfied pursuant to their express terms. DEVELOPMENT REGULATIONS All regulations of the Alameda Municipal Code shall apply to MPO 1-0004 except where express provisions have otherwise been made in this Master Plan approval or in any Development Exhibi t R 12. Agreement between the City and the applicant. The Master Plan shall include the following specific limitations and exceptions to the Alameda Municipal Code (AMC): Within the business park, no outdoor storage of materials is approved as part of this Master Plan. Any such storage may be permitted subject to an approved Use Permit. CITY/APPLICAN RESPONSIBILITIES The applicant shall not be held in default for non performance of any conditions required of the City of Alameda or its agents or other agencies for development of propert, as specified in the Development Agreement. MASTER DEMOLITION , INFRASTRUCTURE ,. GRADING AND PHASING PLAN The applicant (or City or CIC or its designee , as appropriate - herein after 'the applicant") shall submit applications and plans for a Master DenlOlition , Infrastructure , Grading and Phasing Plan (MDIGP) for the Project as a whole prior to or in conjunction with the application for the Development Plan for the first phase of the business park. The Master Demolition , Infrastructure Grading and Phasing Plan shall include . the same . level of detail . as . that typically required fortentative maps including, utilties, infrastructure, utilty easements , prelimiary grading as well as phasing for the installation of utilties and infrastructure. The Master Demolition , Infrastructure Grading and Phasing Plan shall define the backbone infrastructure required to serve the Project and shall be coordinated with the Tentative Map. for the residential development to connect major streets and utilties. The Master Demolition . Infrastructure , Grading. and Phasing Plan shall be approved by the City Engineer prior to approval of the DevelopmentPlan for the first phase of the Project. Following approval of the Master Demolition, Infrastrctue , Grading and Phasing Plan, the applicant shall prepare Development Plans and constrction level plans for individual phases of the project. If furter subdivision is required in the businesspark the applicant shall submit applications and plans fora parcel map for consideration and approval by the City, prior to issuance of any building permit. Improvement plans for adjacent streets. shall be approved by the City. Engineer prior to approval of each parcel map. 10.The overall design of the business park shall provide. for access , utilties, maintenance , landscaping and parking for each parcel , if required. Prior to occupancy, a division by parcel map, if required shall be approved to configure the lot on which the building is located. If the applicant applies for a parcel map, the City shall not impose off-site conditions on that parcel map other than those required in the Master Plan. Parcel Maps and all other subsequent approvals shall be subject to the terms and conditions specified in the Development Agreement. 11.Specific infrastrcture improvements and constrction conditions shall be established through either a Development Plan or a Tentative Map for each development phase in accordance with City standards or other agencies responsible for the provision of infrastrcture. These improvements and conditions shall be subject to the limitations in the Development Agreement. All water , gas , electrical and telephone lines shall be installed in accordance with the requirements of the Alameda Power and Telecom and other utility companies and to the satisfaction of the City Engineer. All utilities during the construction of each development phase shall be underground , to the extent feasible , unless trunk lines are allowed to remain above ground by the City Engineer. When the Development Plans are finalized , the applicant shall contact the East Bay Municipal Lighting Utility District New Business Office and request a water service estimate to determine costs and conditions of providing water servce to the Project and shall follow the East Bay Municipal Utility Requirements. DEVELOPMENT PLAN/DESIGN REVIEW 13.Subsequent to approval of the Master Plan , the applicant shall submit applications and plans for a Development Plan for each building phase of the Project for consideration and approval by the City. Such Development Plans require Planning Board action and shall be reviewed by the Planning Directorto ensure that subsequent phases are designed to substantially conform with the Master Plan approval and the conditions ofthis Master Plan and otherwise meet the requirements of Sections 30- 30-35 and 30-36 of the Zoning Ordinance , in accordance with the Development Agreement. Prior to issuance of any Building Permit, each building phase of the Project shall require approval of a Development Plan pursuant to the City's MX Zoning District. The Development Plan process would provide for review of detailed site plans , building and landscape treatments as well as compliance with the Master Plan conditions of approval and . the Mitigation Monitoring and Reporting Plan (MMRP), as applicable. The Development Plan would approve the overall concept for site layout, building design and landscaping. Each building site would be subject to Design Review. The Design Review process would provide for review . of architectural design and.building facades , building materials , colors , etc. The Development Plan and. Major Design Review process may occur concurently, in accordance with the Joint Implementation Agreement. Within the residential area, approval of a phased Tentative Map is required , subsequent to or concurrently with approval of the . Master Plan. The phased Tentative Map covers the entire residential area and includes detailed site layout and lot configurations. Following approval of the phased Tentative Map, Final Map(s) would be required. The phased Tentative Map would cover a portion of the business park and would designate it as a remainder parcel. This area could only be developed following approval of parcel or tentative map(s), detailed DevelopmentPlans and building permits. After the City acquires the UPRR , the City and Catellus wil fie a Parcel Map (or record the Parcel (Disposition) Map) to create legal parcels for the area north of and including the UPRR. Within the first phase Development Plan , the overall Project concept shall be established for lighting, landscaping, gateways , public furnishings , . etc. The on-site lighting shall be designed to appropriate levels in the business park parking lots and on- site parks to be determined in each Development Plan. Landscaping As partof each Design Review, the applicant shall submit a final landscaping plan that specifies the number, size , tye and location of plants as well as other landscape treatments , utility and trash enclosures. The landscaping plan shall substantially conform to the Master Plan revised on October 2001 and on fie with the City of Alameda Planning Department , with revisions required by other permitting agencies , such as BCDC , which are found acceptable by the Planning Director. The Central Plaza shall be designed and planned to relate to the two office buildings on each side of the Plaza in order to create a special , cohesive space that can be enjoyed by the public. As part of the Development Plan and Design Review process the City shall ensure that these two buildings are compatibly designed and effectively frame the Central Plaza. Solid Waste and Recycling Prior to occupancy of the first building constrcted within the business park and 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 Departent Standard Conditions of Approval for Waste Management. Specific conditions shall be established for each Development Plan phase. Best Management Practices (BMP' The applicant shall submit plans to comply with the requirements of the City of Alameda Public Works Departent , Urban Runoff Manager and the Alameda County-Wide Clean Water Program at the Development Plan stage of review. 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 Board , or its designee , at the Development Plan stage of review. Signs 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 porton of the Project. The Master Sign Programs shall provide for an adequate number, size , tye 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. A Master Sign Program for the business . park shall be considered in conjunction with the Development Plan for the first building phase of the business park. Fire Department Requirements The applicant (or City or CIC , as appropriate) and all contractors shall adhere to the standard conditions required by Alameda Fire Department , as part of individual Development Plans. AFFORDABLE HOUSING 14.Prior to issuance of a building permit , within the business park, the applicant shall have an Affordable Housing Plan approved by the Housing Development Manager, in accordance with the City's adopted Affordable Housing Ordinance (Alameda Municipal Code section27-1). 15.Within the residential portion of the Project, including the 2.5 acre multiple family site (and excluding the 60 unit affordable project on the 3 acre site), the applicant shall provide at least fifteen percent of the total number of housing units for affordable housing consistent with the Disposition and Development Agreement approved for this Project. DRIVEW A YS AND GARGES TRAFIC NOISE 16.Parking shall not be permitted on any driveway within the residential development. The Covenants , Conditions and Restrictions (CC&Rs) shall reflect this limitation unless specifically approved as part of a Development Plan. 17.Guest parking places located on-street in the residential development shall be available for and identified as short-term visitor parking. Garages shall be used for parking only and shall not be converted to other uses. The Covenants , Conditions and Restrictions established for this Project shall incorporate this restriction. 18.The applicant shall prepare a Transportation Systems Management (TSM) program for the entire business park that includes annual contributions to the City of Alameda for the BART Shuttle , or equivalent transit service , and other TSM measures prior to or simultaneous with submittal of the first phase Development Plan. The annual contrbution shall be calculated at the rate of $0.19 per square foot of offce/research and development space , in year 2000 dollars and adjusted annually by the Consumer Price Index (CPI) for the Bay Area. 19.All equipment used on the Project shall be adequately muffed and maintained to the extent feasible and to the satisfaction of the Public Works Director and all equipment shall be tued off when not in use , consistent with the Citys Noise Ordinance. SCHOOLS 20.The applicant shall pay a per-square-footimpact fee for residential and commercial development to the Alameda Unified School Distrct priorto issuance of individual building permits , pursuant to the Sterling Act , as set forth in the Development Agreement for this Project. MULTIPLE FAMILY HOUSING SITE 21.Prior to issuance of a Building Permit for the 2.5 acre multiple family housing site, the Alameda Housing Authority, or its designee , shall submit applications and plans for a Development Plan and Improvement Plans for the 2.5 acre multiple family housing site for consideration and approval by the Planning Board. PUBLIC ART 22.Within the business park and associated public areas , the applicant and City shall share equally the cost , not to exceed a total of $300 000 , for a major public art piece adjacent to the two offce buildings framing the Central Plaza on the waterfront. For the remainder of the waterfront offce buildings , the applicant shall expend $0.50 per gross square foot of floor area on public art based on the approximately 700 000 square feet of offce floor area allowed in the Master Plan minus the floor area of the two offce buildings framing the Central Plaza. There shall be no public art requirement within the flex-tech portion of the business park located south of Mitchell-Mosley Avenue. ARS AND COMMON OPEN SPACE 23.Each of the four mini-parks within the residential development shall be substantially completed prior to occupancy of adjacent residential development. 24. LANSCAPING The City shall reserve an approximately 145 foot public open space strp coterminous with the existing wharf strcture for permanent public access to the waterfront within the business park. The City shall apply for and receive a Master Permit from BCDC for this public area. Business Park25. The landscaping for the shoreline promenade and associated landscaping and amenities shall be designed and installed by the City in conjunction with development of either adjacent offce building. 26.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. Within the five foot planter strp along street edges and perimeter locations within the business park, as required by the Master Plan conditions , landscaping shall be installed to adequately buffer these adjacent uses. For offce buildings , between the sidewalk and the propert line , along Mitchell-Mosley A venue , tree spacing shall be specifically spaced to preserve view corridors between the proposed buildings toward the Estuary. An alternative approach would be to preserve sight lines , for example , through the use of canopy trees. Landscaping materials shall be designed and selected so as to not obstrct 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 pedestran pathways and entrance driveways through the business park parking lots. The applicant shall use recycled water in accordance with EBMUD requirements for recycled water , subject to availabilty. The applicant shall meet and confer with EBMUD regarding the availabilty and use of recycled water at the Development Plan stage of review. Sidewalks shall be set back from roadway curb lines a minimum of four feet to provide for landscaping between the sidewalk and the street , a reduction to three feet to be allowed to address site constraints with the specific approval of the Planning Director and City Engineer. REGIONAL PERMITS 27. 28. Prior to the issuance of a building permit for each building or constrction phase within the business park or for the residential area , including for site grading or foundation , the applicant (or City or CIC , as appropriate) shall submit a copy of the required Notice of Intent for that building or constTUction phase which was sent to the Regional Water Quality Control Board. The applicant (or City or CIC , as appropriate) shall obtain all required regional permits including but not limited to permits from the Bay Conservation and Development Commission , the U.S. AryCorps of Engineers and the Bay Area Air Quality Control District , prior to conducting anyconstruction activities over which such regional agency has permitting authority. 30. 31. CONSTRUCTION 29.Prior to constrction of each Development Plan building phase , the applicant shall: Submit a constrction plan for each velopment Plan building phase which wil outline the sequence of actions including: staging of constrction activities , schedule , final grading, constrction within BCDC jurisdiction (if applicable), and all other constrction .activities. Prior to commencement. of any constrction activity, the applicant shall coordinate a meeting with City Staff and the Contractors team to discuss the Conditions of Approval on the Project, as well as the required mitigation measures contained in Exhibit "A." The intent is that the Contractor fully understand tire actions necessary to implement the mitigation measures and to comply with the conditions of approval of the City of Alameda. Constrction shall be limited in compliance with AMC Article II Noise Regulations , Section 4-10. The limitations restrict construction activities outside the hours of between 7 a.m. and 7 p.m. on weekdays , 8 a.m. and 5 p.m. on Saturdays and holidays. The applicant shall incorporate water conservation measures for both internal and external use in the design and constrction of the Project. This should 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. 32. AMENDMENTS Any amendments to this Master. Plan Amendment shall be subject to the provisions established in the MasterPlan (page 1-10) and the Development Agreement (article 6.4). Major amendments to this Master Plan shall remain within the authority of the City Council. The determiation of mior and major amendments shall be processed in accordance with the Development Agreement. 33. ACKNOWLEDGMENT OF CONDITIONS Prior to the issuance of any building permit, the permittee shall acknowledge in writing all of the conditions of approval of the Master Plan and must accept this Master Plan 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 , as approved herein and Design Review to be exercised. NOTICE. The Conditions of Project Approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 66020 (d)(l), these Conditions constitute written notice of the amount of such fees , and a description of the dedications , reservations and other exactions. You are hereby further noticed 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 wil be legally barred from later challenging such fees or exactions. 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 any final action on any appeal , plus extensions authorized by California Code of Civil Procedure Section 1094. , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in an adjourned regular meeting assembled on the 2nd day of January, 2002 by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson , and Mayor Appezzato - 4. NOES:Councilmember Kerr - 1. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the official seal of said City this 3rd day of January, 2002. /-q Lara Weisiger, Cit City of Alameda