Resolution 15067CITY OF ALAMEDA RESOLUTION NO. 15067
APPROVING PLN15-0165 — A SEVEN-LOT LOT SUBDIVISION AT 1501
BUENA VISTA AVENUE TO IMPLEMENT THE 2014 DEL MONTE
MASTER PLAN
WHEREAS, the General Plan designation of the site is Mixed Use; and
WHEREAS, the parcel is zoned Mixed Use/Planned Development and Multi-Family
Overlay; and
WHEREAS, an Environmental Impact Report was certified for the Northern
Waterfront General Plan Amendment (GPA) in 2008, and the City Council adopted a
Subsequent Mitigated Negative Declaration (SM ND) for the project pursuant to the
California Environmental Quality Act (CEQA) in 2014; and
WHERAS, the City Council held a public hearing on December 2, and 16, 2014 and
ordinances were introduced on December 2 and passed on December 16, 2014 for the
Master Plan and Development Agreement for the Del Monte site; and
WHEREAS, the Planning Board held a public hearing on this Tentative Map
application on May 26, 2015, and recommended City Council approval of said application
with a 6-0 vote; and
WHEREAS, the City Council held a public hearing and examined all pertinent
materials on July 7, 2015.
NOW, THEREFORE, BE IT RESOLVED THAT, the City Council has made the
following findings concerning the project:
1. The proposed subdivision is in conformance with the General Plan and
Zoning for this site. The proposed tentative map is consistent with the Mixed Use
General Plan and Mixed Use Planned Development with Multi-Family Overlay (MX-
MF) zoning designations for the property, and the Del Monte Master Plan was
introduced on December 2, and passed on December 16, 2014.
2. The site is physically suitable for the proposed development. The tentative map
implements the Master Plan, General Plan, and zoning provisions which apply to
this property. The General Plan, zoning, and Master Plan all confirm that the site is
physically suitable for residential mixed use development.
3. The site is physically suitable for the density of the development. The tentative
map implements the Master Plan, General Plan, and zoning residential density
provisions and State Law Density Bonus regulations which apply to this property.
4. The proposed design of the subdivision and improvements, as conditioned,
will not cause environmental damage or substantially and avoidably injure
fish or wildlife or their habitat. The site is an urban in -fill property that was
formerly used for industrial and manufacturing uses that were serviced by heavy rail
and trucks. The SMND and EIR impose mitigation measures to ensure that no
existing biological resources will be impacted by the proposed project. Mitigation
measures and conditions of approval ensure that no un- intended environmental
damage or exposure of future residents to environmental dangers could occur.
5. The design of the subdivision will not conflict with easements acquired by the
public at large for access through or use of property within the subdivision.
All required easements are to be retained and additional other necessary
easements are to be provided.
6. The design of the subdivision and its improvements will not cause serious
public health problems. Redevelopment of the property with 380 residential units
and 30,000 square feet of neighborhood commercial uses will not result in serious
public health problems. Building code requirements and conditions of approval
require that the existing building be seismically upgraded and that any hazardous
materials resulting from the prior use of the property be remediated.
FURTHER, BE IT RESOLVED THAT, the project was the subject of the Northern
Waterfront GPA EIR and the 2014 SMND which adequately evaluated the potential
environmental impacts associated with the proposed redevelopment and reuse of the
property;
BE IT FURTHER RESOLVED THAT the City Council of the City of Alameda hereby
approves a tentative map to develop a seven -lot, 380 unit subdivision on an 11.06 acre
property located at 1501 Buena Vista Avenue subject to compliance with the following
conditions:
Community Development Conditions:
1. Master Plan and Development Agreement Development of the property shall be in
substantial compliance with the December 2014 approved Master Plan and
Development Agreement, and the September 22, 2014 Development Plan for Del
Monte, and any future Development Plan approvals for site.
2. Mitigation Monitoring Reporting Proaram: Prior to issuance of each Building Permit,
Grading Permit, or Site Improvement Permit, the City Planner shall ensure
compliance with the City Council- approved Mitigation Monitoring Reporting Program
for the Master Plan.
3. Affordable Housing Agreement: Prior to the issuance of the first building permit, the
project applicant shall execute an Affordable Housing Agreement with the City of
Alameda. The Affordable Housing Agreement will require, in part, construction of 55
residential units affordable to very low-, low- and moderate-income households. The
project will provide 24 moderate-income units, 14 low-income units and 17 very low-
income units.
4. Transportation Demand Management Program: A Homeowner's Association shall be
created for properties located within the Master Plan area. The Del Monte
Homeowner's Association shall provide funding on an annual basis to support the Del
Monte TDM. The project shall be subject to its Declaration of Covenants, Conditions
and Restrictions for Del Monte, a Planned Development (the "Declaration"), to which
the Del Monte TDM Program shall be attached as an Exhibit. The provisions of this
Declaration shall provide a requirement and mechanism of annual funding by the
Homeowners Association of its obligations under the Del Monte TDM Program and
this condition and to ensure that the HOA will fund its TDM obligations to the City or a
TMA or similar organization. Per the Del Monte TDM:
• The funding shall be provided on a permanent basis as a Common Expense of the
HOA through the HOA's assessments on the Lots and Units in the Project as
established under the Declaration for the Project.
• The HOA's participation and funding for program services under the Del Monte TDM
Program is mandatory and shall be considered an obligation and requirement of the
HOA under the Declaration. The obligations, requirements and provisions under the
Del Monte TDM Program cannot be amended, revised, deleted or rescinded by the
HOA or its membership without the prior written approval of the City's
Transportation Commission and City Council.
• When developed, each of the units shall be assessed an initial amount of $350 per
year for the required transportation services to be provided under this Del Monte
TDM Program.
• The 2015 initial annual assessment fee of $350 per unit per year shall be subject to
annual adjustment according to the annual changes in the Bay Area Consumer
Price Index.
5. The Covenants, Code and Restrictions (CC&R's) shall include a disclosure for
residential units fronting onto Clement Avenue that Clement Avenue is a designated
Truck Route and will eventually be used as such, as provided for in the Transportation
Element of the General Plan.
6. Modifications: Minor project design details requested by the applicant may be
established, modified, and approved by the Community Development Director.
Engineering standards and specifications requested by the applicant may be
established, modified and approved by the Public Works Director, or his designee.
Major modifications that are not consistent with this development plan or these
conditions shall be subject to review and approval of the Planning Board.
Public Works Conditions
7. All maps filed pursuant to this approval shall be in substantial compliance with the
map titled, "Tentative Map Tract 8254" prepared by Carlson, Barbee & Gibson, Inc.
dated May 6, 2015, consisting of 13 pages, marked Exhibit A, and on file in the office
of the Alameda Community Development Department. There shall be a maximum of
380 dwelling units and a minimum of 30,000 square feet of commercial space
developed for the entire site.
8. The Final Map shall be in substantial compliance with the Tentative Map and shall
incorporate the Alameda Datum.
9. Prior to the approval of the Final Map, all applicable conditions of approval of the
approved Tentative Map, as revised or amended, shall be satisfied.
10. The subdivider shall record the Final map within twenty -four (24) months of approval,
or conditional approval, of the Tentative Map by the City Council. An extension of
time, not to exceed an additional twelve (12) months, for the filing of the Final Map
may be granted by the City Council provided written application is made by the
subdivider prior to the expiration of the approved or conditionally approved Tentative
Map.
11. Prior to the City Council approval of the Final Map, the Applicant shall submit a Mylar
copy and a CAD file of the improvement plans of the recorded Final Map.
12. Final Maps may be phased. If the development is phased, the applicant /developer
shall provide access for emergency vehicles, collection vehicles and resident
circulation within each phase.
13. Improvement Plans: The applicant /developer shall submit, for review and approval
plans for all on- site and off -site improvements. The improvement plans shall include:
a. Clement Avenue Extension. Construction plans for the Clement Avenue
extension from Entrance Road to Atlantic Avenue and a reconfiguration of the
intersection of Sherman Street with the Clement Avenue extension consistent
with the Master Plan. The construction plan submittal shall include an
assessment of the existing bulkhead along the Southern side of Alaska Basin
prepared by a registered civil or structural engineer and, if necessary, repaired in
accordance with the engineer's recommendations.
b. Sherman Street Reconfiguration. Construction plans for the reconfiguration of
Sherman Street, consistent with the Master Plan, including plans for the
intersection at Eagle Avenue. The width of the entrance shall be 26' curb to curb
and shall consist of a street throat approach conforming to City and /or
CALTRANS standards.
c. Entrance Road. Construction plans for Entrance Road consistent with the
Master Plan. Upon completion of the improvements, Entrance Road shall be
dedicated to the City as a Public Street.
d. Buena Vista. Construction plans for the Buena Vista frontage consistent with the
Master Plan, which include removal of the pork chop island at Buena Vista and
Sherman Street when the Truck Route is moved to Clement Avenue, retiming of
the signal to give priority to pedestrians, and construction of a new signal at the
intersection of Buena Vista and Entrance.
e. Pedestrian Crossings: Construction plans for a pedestrian crossings across
Buena Vista Avenue at Benton Street and across Clement Avenue to Alaska
Basin with flashing lights and Rectangular Rapid Flash Beacon (RRFB) signage
in conformance with the FHWA Highway Safety Improvement Program.
f. Street Paving: Installation of street paving shall include reconstruction of the
existing pavement section to provide adequate conforms. The limits of the
reconstruction shall be established by the Public Works Director prior to
approval of the improvement plans or parcel/final map, whichever comes first.
g. Parking. Detailed plans for the on-site parking and loading areas.
h. Solar Ready: All new residential and commercial structures shall be designed to
be "solar ready" and meet the latest Title 24 Building Standards and all
applicable codes as they relate to Solar PV. At a minimum, Solar PV wiring
conduit, required penetrations and a solar zone on the roof shall be provided.
i. Electric Car Charging: The Design Review plans shall specify the number of
parking spaces to be equipped with electric charging stations. All parking
garage structures shall allow for cost-effective expansion of electric car charging
stations to additional stalls as demand warrants. Residential structures shall
meet the latest applicable codes as they relate to electric car charging.
Utilities: Undergrounding of all new and existing overhead electric utilities at and
adjacent to the Del Monte site, with the exception of the 115 KV line.
Easements shall be obtained for all electric facilities in the private property.
Additionally, the overhead electrical service to all adjacent street lights shall be
undergrounded as part of the project.
J.
14. Street trees shall be planted along Clement Avenue, Buena Vista Avenue, Sherman
Street pursuant to the Master Street Tree Program.
15. New street trees shall maintain clearances from utilities as follows: a) Fire hydrant —
six feet; b) top of driveway wing — five feet; c) stop signs — 15'; d) street/pathway lights
and utility poles — 25'; e) storm drain, sanitary mains, gas, water, telephone, electrical
lines — five feet; f) front of electrical pad-mounted equipment — ten feet. Verify
minimum clearance distances of street trees/shrubs from electrical transformers with
Alameda Municipal Power (AMP).
16. To guarantee completion of the required on -site and off -site improvements, the
applicant /developer shall enter into an agreement with the City and provide security in
a form and amount acceptable to the City prior to approval of the improvements plans
and /or parcel /final map.
17. The improvement plans shall be prepared, signed, and stamped as approved by a
registered civil engineer licensed in the State of California, The engineer shall also
assume responsibility for inspection of the on -site construction work, and shall certify
to the City, prior to acceptance of the work or issuance of any occupancy permit, that
the installation of the on -site work (excluding the building and foundation) was
constructed in accordance with the approved plans.
18. The improvement plans and Final Map shall show all existing and proposed easement
locations, uses and recording information. The Owner's Statement shall list all
easements to be dedicated and the Certificate of City Clerk shall list all public
easements to be abandoned (with recording information) as part of the Parcel or Final
Map. In addition, the following is required as part of the Parcel or Final Map approval:
a refundable cashier's check in the amount of $400 to guarantee a Mylar copy of the
recorded Parcel or Final Map; payment for all reasonable office and engineering
costs, including overhead, in conjunction with reviewing the Parcel or Final Map and
associated improvement plans and easements; three copies of the approved on-
site /off -site civil improvement plans and landscape plans, along with a mylar or other
reproducible set (plans only), and a CAD or GIS compatible format copy acceptable to
the City Engineer.
19. The Final Map shall grant the City of Alameda a Pedestrian Access Easement (PAE)
over that portion of the pedestrian paseo in the middle of the Del Monte building,
subject to restrictions of passage during certain hours, as outlined in the operating
rules of the CC &R's.
20. The Final Map shall provide utility access easements across all areas where private
and public utilities cross private property or adjacent parcels. Public utilities must be
accessible to City maintenance vehicles.
21. The Final Map shall grant to the City an ingress /egress easement for the purpose of
waste collection wherever the collection vehicle access route crosses over private
property. Collection vehicle access shall not be restricted by bollards or gates. All
streets and sidewalks within the access route shall be designed to support collection
vehicle loads and accommodate truck turning radii, truck grabber arm clearance, and
curbside cart placement.
22. The Final Map shall include reciprocal parking and access easements and emergency
access easements.
23. The Final Map shall provide surface water runoff easements or individual lots shall
drain independently.
24. No permanent structures shall be placed over easements to remain or proposed new
easements, except that a public access easement through the Del Monte Building
shall be shown on the Final Map as required by Condition 19.
25. The improvement plans shall include landscape and irrigation plans for both on-site
and off-site improvements. The plans shall be prepared, signed, and stamped by a
licensed landscape architect and shall be in accordance with the AMC and other
regional jurisdictional requirements, including the most recent version of the "Bay
Friendly Landscape Guidelines" developed by StopWaste.Org and the Bay Friendly
Coalition. The landscape architect shall also assume responsibility for inspection of
the work and shall certify to the City, prior to acceptance of the work, that the
installation of landscaping and irrigation in the public right-of-way was constructed in
accordance with the approved plans.
26. A sanitary sewage flow analysis, identifying the total peak sanitary sewage flow
quantities generated by the proposed development shall be prepared by a registered
civil engineer licensed in the State of California and submitted as part of the
construction improvement plans. The City will provide the analysis to an independent
consultant who will assess the impact of the proposed development on the City's
sanitary sewer system and determine if any improvements to the City's system are
required to ensure sufficient sewage capacity for this project and any anticipated
growth within the associated sewer sub-area. The applicant/developer will pay for the
cost of the modeling study. The applicant/developer will incorporate any
recommended improvements from the sewer study into the project's improvements
plans.
27. A sanitary sewage treatment capacity analysis for wet weather flows associated with
the development, compared to existing or previous conditions, shall be prepared by a
registered civil engineer licensed in the State of California and submitted as part of
the construction improvement plans. The plan shall identify and mitigate any increase
in wet weather flow capacities. The improvements plans will include any
recommended improvements.
28. A storm drainage hydrology analysis identifying the total peak drainage flow quantities
to be generated by the proposed development shall be prepared by a registered civil
engineer licensed in the State of California and submitted as part of the construction
improvement plans. Based upon the finding of the analysis, the Public Works
Director shall determine the applicant's fair share financial contribution, if any, for the
necessary upgrades for the Arbor Street Pump Station. The contribution shall be
made prior to issuance of the Building Permit or approval of any final map or
improvement plan.
29. A geotechnical report, including recommendations, shall be prepared by a registered
geotechnical engineer licensed in the State of California. The improvement plans
shall incorporate all geotechnical recommendations in the report. The geotechnical
engineer shall sign and stamp the improvement plans as conforming to its
recommendations. The geotechnical engineer shall also assume responsibility for
inspection of the work and shall certify to the City, prior to acceptance of the work that
the work performed is adequate and complies with their recommendations.
30. Maintenance of public improvements within the development area shall be the
responsibility of the new development.
31. Applicant /developer shall resurface the existing street pavement whenever a street is
cut for utility or other improvement installations or the condition of the existing
pavement requires improvements. The resurfacing shall extend a sufficient distance
beyond any cut to ensure a smooth transition and shall consist of an average of one
and a half (11/2) inch asphalt concrete overlay, with a minimum one inch asphalt
concrete overlay.
32. Hydro seeding of all disturbed pervious surface areas shall be completed in
compliance with the requirements included in the State Water Resources Control
Board (SWRCB) Order No. 2009 - 0009 -DWQ.
33. Backflow prevention devices shall be installed on all new and existing domestic,
commercial, irrigation, and fire water services and as required by the East Bay
Municipal Utility District (EBMUD).
34. The applicant /developer shall coordinate water service for the proposed development
with EBMUD and shall acquire all necessary EBMUD approvals. The
applicant/developer shall contact EBMUD's New Business Office and request a water
service estimate prior to approval of improvement plans. The following EBMUD
conditions may apply:
a) EBMUD will not inspect, install or maintain pipeline in contaminated soil or
groundwater that must be handled as hazardous waste or that may pose a health
and safety risk to construction or maintenance personnel wearing Level D
personal protective equipment. Nor will EBMUD install piping in areas where
groundwater contaminant concentrations exceed specified limits for discharge to
sanitary sewer systems or sewage treatment plants. Project sponsors for
EBMUD services requiring excavation in contaminated areas must submit copies
of existing information regarding soil and groundwater quality within or adjacent to
the project boundary.
b) The applicant /developer shall provide a legally sufficient, complete and specific
written remedial plan establishing the methodology, planning and design of all
necessary systems for the removal, treatment, and disposal of all identified
contaminated soil and /or groundwater. EBMUD will not design the installation of
pipelines until such time as soil and groundwater quality data and remediation
plans are received and reviewed and will not install pipelines until remediation
has been carried out and documentation of the effectiveness of the remediation
has been received and reviewed. If no soil or groundwater quality data exists or
the information supplied by the project sponsor is insufficient EBMUD may
require the applicant to perform sampling and analysis to characterize the soil
being excavated and groundwater that may be encountered during excavation or
perform such sampling and analysis itself at the project sponsor's expense.
35. The applicant/developer shall submit a traffic striping and signage plan for all on- and
off-site improvements, including all crosswalks, bus stops, turn lanes, merge lanes,
acceleration lanes, lane drops, etc., as part of the construction improvement plan
submittal. The plan shall provide the queuing summary for all study locations and all
project driveways. The traffic circulation plan shall include plan(s) showing truck
turning templates including rear/front wheel and body tracking movement and shall
include delivery trucks, fire engines, moving vans and waste management trucks. The
Public Works Department will review and approve the internal and external circulation
of the parking lot, including lane widths and access points. The plans shall be
prepared by a registered civil engineer or traffic engineer licensed in the State of
California. The engineer shall sign and stamp the plans as approved. The plans
shall be reviewed and approved by the Public Works Director prior to approval of the
improvement plans or Parcel or Final Map, whichever comes first. The plan shall
include all necessary striping to ensure safe ingress and egress from the project site
to the adjacent public streets.
36. For any off-street parking facilities the applicant/developer shall submit the
improvement plans to the Community Development Department and Public Works
Department for review and approval. The plans shall be prepared by a registered civil
engineer licensed in the State of California and shall be signed and stamped as
approved. The Community Development Department shall review and approve the
parking lot layout, including number of spaces, dimensions of spaces, and Americans
with Disabilities Act (ADA) requirements, and the Public Works Director shall review
and approve the internal and external circulation of the parking lot, including lane
widths and access points, prior to approval of the improvements plans or parcel/final
map, whichever comes first.
37. At least three weeks prior to the commencement of work within the public right-of-way
that affects access for pedestrian, bicyclist, and vehicular traffic, the
applicant/developer shall provide a Traffic Control Plan (TCP) to the Public Works
Department for review and approval. The TCP shall be prepared by a registered civil
engineer or traffic engineer licensed in the State of California, and be in accordance
with the California MUTCD standards. The engineer shall sign and stamp the plans
as approved. In general, any public right-of-way shall remain unobstructed during
project construction or an ADA compliant alternative route established as approved by
the Public Works Director. At locations where adequate alternate access cannot be
provided, appropriate signs and barricades shall be installed at locations determined
by the Public Works Director and Police Chief. Should transit routes be affected,
applicant/developer is required to obtain prior approval from AC Transit of any
proposed traffic detours or temporary closure of bus stops. Construction work may
not commence until the TCP is approved by the Public Works Director.
38. Pedestrian and vehicular lighting at all intersections and project driveways shall meet
Alameda Municipal Power standards for crosswalks, sidewalks, and intersections.
39. Applicant /developer shall replace any damaged curb, gutter, and sidewalk along
street frontages to the satisfaction of the Public Works Director, in accordance with
the Public Works Department's Standard Plans and Specifications prior to
acceptance of the project.
40. The applicant /developer shall overlay the right travel lane along Buena Vista Avenue
with a minimum of one and a half inches of asphaltic concrete and repave the
western portion of Entrance Road using a Traffic index of 10.
41. Any entrance /exit onto Buena Vista Avenue shall be right in /right out only and shall be
signed and striped accordingly. The entrance /exit shall have a traffic island directing
traffic.
42. The applicant /developer shall ensure that any new habitable space be constructed at
a minimum elevation of 24 inches above the 100 -year tidal flood plan elevation.
43. The applicant /developer shall provide to the City Engineer or designee, prior to the
issuance of the first combination building /grading permit, a copy of both the WDID#
issued to the project site by the State Water Resources Control Board (SW RCB) and
the required Storm Water Pollution Prevention Plan (SWPPP). These documents
shall provide verification to the City that the project site is in compliance with SWRCB
Order No. 2009 - 0009 -DWQ. Information on this State Order is available at:
http: / /www.waterboards.ca.gov.
44. The applicant /developer shall be responsible for ensuring that all contractors and sub-
contractors install, implement and effectively maintain appropriate sediment control,
erosion control and other water quality protection measures to prevent any pollutants
from entering the municipal storm water drainage system or the Oakland Inner
Harbor, either directly or indirectly, during all construction activities. All implemented
measures shall be consistent with the City's urban runoff Best Management Practices
(BMPs) standards. The applicant /developer shall pay for any required cleanup,
testing, and /or City administrative costs resulting from consequence of construction
materials entering the storm water drainage system.
45. Improvement plans shall include appropriate pollution prevention source control
measures, permanent low impact development (LID) measures and stormwater
treatment controls and /or design techniques to prevent and minimize impacts to the
quality of stormwater runoff from the project site. The measures shall be compliant
with the Provision C3 requirements of the City's municipal stormwater permit. The
Improvement Plans shall provide details sufficient to ensure that the measures shall
be constructed consistent with the latest version of the Alameda County Clean Water
Program's Provision C3 Technical Guidance Manual.
46. Landscaping plans shall be designed to minimize runoff, promote surface infiltration,
incorporate Bay Friendly Landscaping approaches, and minimize the use of fertilizers
and pesticides that can contribute to stormwater pollution.
47. The applicant/developer shall submit a stormwater quality management plan,
consistent and concurrent with the finalized improvement plans, to demonstrate and
verify appropriate site design for LID and stormwater treatment consistent with the
Provision C3 requirements. This Plan shall include: a completed City of Alameda's
Stormwater Requirements Checklist; the determination and identification of drainage
management areas (DMAs) for all proposed impervious surface areas on the
proposed project site, excepting the existing Del Monte Warehouse structure as that
is exempt; the establishment of Provision C3-compliant stormwater quality measures
for each DMA; a site plan map and inventory identifying each DMA and corresponding
C3-compliant measure, including area values (in square feet) for all areas; a stamped,
signed City of Alameda certification form from a qualified independent civil engineer
with stormwater treatment facility design experience, licensed in the State of
California, and acceptable to the Public Works Department that indicates the Plan
and all LID and treatment measure designs meet the established sizing design criteria
for stormwater treatment measures consistent with Provision 03 of the municipal
stormwater permit.
48. All new storm drain inlets shall be clearly marked with the words 'No Dumping! Drains
to Bay' by means approved by the Public Works Department. Permanently affixed
thermoplastic, metallic or plastic laminate style markers are acceptable forms. The
Improvement Plans shall clearly indicate this.
49. The applicant/developer shall submit a stormwater treatment measures Operations
and Maintenance (O&M) plan for review and approval to the Public Works
Department prior to the approval of and consistent with the improvement plans. The
O&M plan shall include, but not be limited to: treatment measure(s) descriptions and
summary inventory; a legible, recordable, reduced-scale (8.5"x11") copy(-ies) of the
Site Plan indicating the treatment measure(s) location (s) and site drainage patterns;
treatment measure(s) maintenance requirements and maintenance schedule; detailed
description of the integrated pest management principals and techniques and/or Bay
Friendly Landscaping Program techniques to be utilized during landscape
maintenance to ensure pesticide/herbicide use-minimization in landscaped areas;
name and contact information of current maintenance personnel.
50. The applicant/developer shall execute a Stormwater Treatment Measures
Maintenance Agreement (Stormwater Agreement) with the City prior to the issuance
of the certificate of occupancy. The Stormwater Agreement shall include, but not be
limited to: the O&M plan for all approved stormwater treatment measures;
identification of the party responsible for implementing the O&M plan; assurances of
access to inspect and verify the treatment system O&M for the life of the project; and
assurances of the submittal of the annual O&M report to the City. The executed
Stormwater Agreement shall be recorded, at applicant/developer's expense, with the
County Recorder's Office of the County of Alameda.
51. The applicant /developer shall submit a Waste Management Plan (WMP) to the Public
Works Environmental Services Division for approval. The plan shall describe how the
trash and debris will be handled. The WMP shall be submitted by the developer to
Environmental Services via Green Halo (greenhalosystems.com) prior to start of the
demolition, remodeling, or construction work. This must be done using Green Halo's
web interface. The Public Works Environmental Services Division will review the
WMP, and will provide comments that shall be incorporated into the plans for the
project. The project is subject to the WMP requirement of section 21 -24 of the
Alameda Municipal Code, and must recycle at least 50% of total debris hauled from
the project.
52. Within thirty (30) days after the completion of the demolition work, the developer shall
submit a Summary Report to the Public Works Environmental Services Division, via
Green Halo (greenhalosystems.com). For approval, this reporting will specify actual
tonnages disposed and /or recycled for each material, and the actual
destination /processor. Disposal and /or recycling weight tags from that facility or
facilities will be directly uploaded to Green Halo to verify this activity.
53. Design of all external enclosures for solid waste, recycling, and organics shall be
approved by the Public Works Director prior to approval of the improvements plans,
parcel /final map(s), or the building permit, whichever comes first. These facilities are
to be designed to prevent water run -on to the area, runoff from the area, and to
contain litter, trash, and other pollutants, so that these materials are not dispersed by
the wind or discharged to the storm drain system. External enclosures are to be
roofed and /or enclosed. Any enclosures containing food waste shall have floor drains
connected to the sanitary sewer system. If the enclosures are attached to buildings
they shall have fire sprinklers. Internal collection and storage area(s) and the
individual bins and containers provided, shall be adequate in capacity, number, and
distribution to serve the anticipated demand for trash, recycling, and organics as
determined by the Public Works Director.
54. Internal collection and storage area(s) and the individual bins and containers
provided, shall be adequate in capacity, number, and distribution to serve the
anticipated demand for trash, recycling, and organics as determined by the Public
Works Department.
55. The trash collection areas shall be accessible to residents and employees. Each
storage area shall be no more than 250 feet from any dwelling unit, or in the garage.
Trash enclosures and /or recycling area shall be covered; no other area shall drain
onto these areas. Drains in any wash or process area shall not discharge to the storm
drain system; these drains should connect to the sanitary sewer. The applicant shall
contact the City and East Bay Municipal Utility District (EBMUD) for specific
connection and discharge requirements prior to building permit issuance. Discharges
to the sanitary sewer are subject to the review, approval, and conditions of the City
and EBMUD.
56. All solid waste containers, including dumpsters and individual cans or carts, must
have fitted lids which shall remain closed at all times when the container is not being
used.
57. Prior to issuance of building permits, the applicant/developer shall secure all
necessary permit approvals from EBMUD regarding the installation of all water or
sewer service connections for the project. Accumulated wastewater must be drained
to the sanitary sewer.
58. Fire sprinkler system test water discharges shall be directed to onsite vegetated areas
59. Any proposed improvements within the floodplain area shall be prepared, signed, and
stamped as approved by a registered civil engineer licensed in the State of California
and meet the requirements of the AMC. The applicant/developer shall include the
recommended improvements into the project's improvements plans prior to approval
of the improvement plan and parcel/final map.
60. Projects within the BCDC jurisdiction will be required to meet applicable Sea Level
Rise conditions and coordinate all BCDC approvals.
61. All required public frontage and street improvements shall be designed, built, and
dedicated to the City in accordance with City ordinances and Public Works
Department standards.
62. All new utilities shall be placed underground prior to issuance of any occupancy
permit, including a temporary occupancy permit. In addition, when approval of a
tentative subdivision/parcel map is required, all existing utilities within and along the
project shall be placed underground in accordance with the AMC, prior to acceptance
of the project.
Construction Conditions
63. During Construction the developer/applicant shall ensure that all construction crews
are properly trained and made aware of any site contamination issues consistent with
the Site Management Plan and MMRP.
64. Prior to issuance of grading permit, developer/applicant shall submit a Truck Route
Plan for hauling to be approved by the City Engineer. The Plan must be incorporated
into any construction documents for every contract.
65. At least two weeks prior to initiating any construction activities at the site, the
applicant shall provide notice to businesses and residents within 500 feet of the
project site including (1) project description, (2) description of construction activities,
(3) daily construction schedule (i.e., time of day) and expected duration (number of
months), (4) the name and phone number of the Noise Management Individual for the
project, (5) commitment to notify neighbors at least four days in advance of authorized
extended work hours and the reason for extended hours, and (6) that construction
work is about to commence. A copy of such notice and methodology for distributing
the notice shall be provided to the City for review and approval at least five (5)
business days in advance.
66. Construction activity shall be limited to between the hours of 7:00 a.m. and 7:00 p.m.
on Monday through Friday, and between 8:00 a.m. and 5:00 pm on Saturday. No
construction - related activity shall occur on Sunday or on any Federal Holiday.
Equipment and trucks used for project construction shall utilize the best available
noise control techniques (e.g., improved mufflers, equipment re- design, use of intake
silencers, ducts, engine enclosures and acoustically- attenuating shields or shrouds)
wherever feasible and necessary. No construction activity that may cause excessive
off -site vibration or noise from heavy machinery such as pile drivers, drilling rigs
(except as necessary for elevator, shoring, and soil testing), etc. shall be allowed.
Impact tools (e.g., jack hammers, pavement breakers and noise drills) used for project
construction shall be hydraulically or electrically powered wherever possible to avoid
noise associated with compressed air exhaust from pneumatically powered tools.
However, where use of pneumatic tools is unavoidable, an exhaust muffler on the
compressed air exhaust shall be used; this muffler can lower noise levels from the
exhaust by up to 10dB. External jackets on the tools themselves shall be used where
feasible. Quieter procedures shall be used such as drilling rather than impact
equipment whenever feasible.
67. Prior to issuance of building or grading permits, the developer /applicant shall ensure
that a program of dust control is implemented consistent with City, MMRP and
BAAQMD requirements.
68. In the event that previously unidentified cultural resources are discovered during site
preparation or construction, work shall cease in the immediate area until such time as
a qualified archaeologist and City of Alameda personnel can assess the significance
of the find. If human remains are encountered, work shall halt within 50 feet of the
find and the County Coroner shall be notified immediately.
69. If underground utilities leading to adjacent properties are uncovered and /or broken,
the contractor involved shall immediately notify the Public Works Department and the
Community Development Department, and carry out any necessary corrective action
to their satisfaction.
70. Prior to issuance of building permit(s) for this project, the applicant shall provide
evidence that all required approvals, permits, or waivers from Bay Conservation and
Development Commission (BCDC) and /or the Army Corp. of Engineers, if any, have
been obtained.
71. The project sponsor shall ensure that all proposed areas for demolition shall be
assessed by qualified licensed contractors for the potential presence of lead -based
paint or coatings, asbestos containing materials, and PCB - containing equipment prior
to issuance of a demolition permit.
72. The applicant /developer shall provide documentation from a qualified professional to
the City of Alameda stating that adequate soils and ground water investigations and,
where warranted, remediation, have been conducted to ensure that there will be no
significant hazard related risks to future site users.
73. Hold Harmless and Indemnification Agreement The developer /applicant shall defend
(with counsel reasonably acceptable to the City), indemnify, and hold harmless the
City of Alameda, the Alameda City Planning Board and their respective agents,
officers, and employees from any claim, action, or proceeding (including legal costs
and attorney's fees) against the City of Alameda, Alameda City Planning Board and
their respective agents, officers or employees to attack, set aside, void or annul, an
approval by the City of Alameda, the Community Development Department, Alameda
City Planning Board, or City Council relating to this project. The City shall promptly
notify the developer /applicant of any claim, action or proceeding and the City shall
cooperate in such defense. The City may elect, in its sole discretion, to participate in
the defense of said claim, action, or proceeding.
Alameda Municipal Power
74. Concurrent with submittal of Improvement Plans, the Applicant shall coordinate with
Alameda Municipal Power (AMP) regarding power requirements. All submittals shall
refer to AMP's "Material and Installation Criteria for Underground Electrical Systems"
for minimum clearances of street trees /shrubs from electrical transformers and other
utility electrical equipment.
75. The Applicant shall comply with AMP's Rules and Regulations and "Material and
Installation Criteria for Underground Electrical Systems" (both available at
www.alamedamp.com) and provide completed "Service Planning Sheets" for AM P's
review prior to submitting plans for building permits.
76. The Applicant shall provide information on the location of transformers and total load
in kilowatts or kilovolt amp (KVA) to AMP for approval prior to building permit
issuance. If necessary, the applicant shall provide (at no charge to AMP) an
easement and access to all AMP facilities on the property prior to issuance of building
permits.
77. The Applicant shall provide and install street lighting consistent with AMP's standard
specifications and AMP's "Material and Installation Criteria for Underground Electrical
Systems ". No signs shall be installed or mounted on street light poles owned and /or
maintained by AMP. All new signs shall be installed on dedicated sign posts.
78. The Applicant shall have all streetlights included in the Improvement Plans, installed,
fully functional, and operational prior to issuance of a Certificate of Occupancy for any
building unless a phasing plan is approved by the Director of Public Works. Applicant
shall pay to AMP the sum of Six Dollars ($6.00) per streetlight per month, or portion of
a month, for the streetlight energy costs until the applicable improvements are
accepted for maintenance by the City.
79. All public streets shall be lit with LED lighting. Streetlight layout shall be staggered for
a more uniform light distribution. Applicant can provide alternate design if a better
efficient light distribution is met. Applicant shall purchase and install AMP LED
standard fixtures. LED streetlight fixtures shall offer tri -level lighting with the mid -level
setting meeting IES RP -8 -14.
80. The Applicant shall be required to furnish, at no cost to AMP, two (or 5 %, whichever is
less — but not less than one) complete streetlight assemblies of each type installed as
stock items for future replacement on public streets. A streetlight assembly consists
of, but is not limited to, LED fixture, pole, arm, and shroud. If AMP agrees to maintain
private streetlights, the Applicant shall also be required to furnish two additional
streetlight assemblies of each type.
81. The Applicant shall provide all necessary underground substructures, including
conduits, pull boxes, electric utility equipment pads, etc. per the AMP specifications.
AMP will require easements for all transformers, primary and secondary boxes, and
conduits. AMP will furnish and install all required transformers, high voltage
distribution cables, and secondary cables.
82. The Applicant shall install all electric pull boxes and vaults in -line with the conduit joint
trench. No conduit bend will be allowed between electric pull boxes, unless conduit
section terminates to an electrical equipment pad. All primary and secondary
electrical distribution pull boxes shall not be greater than two section deep (34- inches
from finish grade to bottom of pull box). Any deviations from this standard shall be
approved by the AMP Project Engineer in writing.
83. The Applicant shall furnish and install code -size service cables in code -size conduit
from each electric metering facility to the nearest secondary pull box (or Service
Point) in the public right -of -way, as designated by AMP. AMP will connect the service
to the distribution transformer or to the secondary distribution system.
84. The Final Map shall show all necessary easements and access to all electrical utility
facilities that are on private property, at no charge to AMP.
85. Prior to issuance of Certificate of Occupancy, the Applicant shall furnish and install
service equipment for each building. The service equipment shall meet Electric Utility
Service Equipment Requirement Committee (EUSERC) standards. Electric meter(s)
shall be located as close as practicable to the point of entry of the service- entrance
conductors to the building. Outdoor meter locations are preferred. When meters are
located within a building, the meter room shall be directly accessible from the exterior
of the building. No remote metering.
86. Concurrent with acceptance of work by City Council, the applicant /developer shall
dedicate and AMP shall take over ownership and will be responsible for maintaining
all new substructures for under grounding primary and secondary circuits, and
distribution transformers once the improvements have been inspected by AMP and
found to have been properly installed. The Applicant or successor property owner(s)
shall be responsible for the service cables and service equipment.
87. Any existing overhead electric facilities within, and /or adjacent to, the subdivision or
division of land shall be undergrounded at no charge to AMP, with the exception of
the 115KV line.
88. The Applicant shall be responsible for all expenses involved in the duct /joint trench
system engineering design, plan check, project coordination, and electrical
construction inspection. The Applicant shall be responsible for the cost of an AMP
assigned inspector during construction.
89. Pedestrian and vehicular lighting at all intersections and project driveways shall meet
AMP standards for crosswalks, sidewalks, and intersections.
90. To provide electric service to the proposed development, primary line extensions will
be required. Per AMP's Rules and Regulations, the owner /developer shall be
responsible for 60% of the installed costs of the required primary trunk cables and
pad -mount switches. The applicant's /developer's electrical consultant shall
coordinate with AMP regarding power requirements.
91. The Applicant shall submit, with the site improvement plans, detailed drawings
showing the required site electric utility facilities.
Fire Department
92. Prior to issuance of building permits, the developer /applicant shall submit
improvement plans for the project site Fire Water System. The system shall be
designed to the satisfaction of EBMUD and the Alameda Fire Department. The
Applicant shall be responsible for the placement of on -site hydrants. The location and
number of hydrants shall be established in improvements plans. Placement shall be
shown on the improvement plans and shall be to the satisfaction EBMUD, the City
Fire Chief and the City Engineer.
93. The improvement plans and building permit plans shall be consistent with included
fire sprinkler code requirements.
94. The developer /applicant shall provide adequate turn around space or through access
for any street greater than 150 feet in length to the satisfaction of the Fire Chief and
the City Engineer.
95. Emergency Vehicle Access roads shall have an adequate turning radius for fire
apparatus (inside turning radius of 28 feet, outside turning radius 44 feet 8 inches,
minimum height 13 feet 6 inches, minimum width 20 feet).
96. All streets and courts within the development that are required to be fire access
roads, shall be marked as fire access roads to the satisfaction of the Fire Chief. All
roads that are required to be fire access roads shall be designed to handle fire
apparatus weight of up to 35,000 pounds per axle. Parking shall be prohibited within
the streets and alleys that are dedicated as fire lanes. CC &R's shall include an
enforcement mechanism.
97. The subdivider shall be responsible for a water main extension to serve the project,
whose design shall be shown on the Improvement Plan to the satisfaction of the East
Bay Municipal Utilities District, the Public Works Director and the Fire Chief. The
subdivider may also be responsible for off -site improvements related to fire flow
requirements.
98. Prior to approval of the Improvement Plans, the subdivider shall submit plans for
review and approval by the Public Works Director and the Fire Chief, that:
a. Provide fire hydrants spaced throughout the project as required in California Fire
Code Appendix C. Ensure sufficient fire flow for the development compliant with
California Fire Code Appendix B and Alameda Municipal Code 15 -1.2 where a
maximum reduction of the fire flow can be reduced by 50% for fire sprinklered
buildings; and
b. Ensure fire flow for the development shall be 1,500 G.P.M. from any one hydrant;
and
c. Provide adequate turn around space or acceptable emergency vehicle through
access for any street greater than 150 feet in length; and
d. Ensure that all roads have an adequate turning radii for fire apparatus (inside
turning radius of 34 feet and outside turning radius of 49 feet); and
e. For all roads designated as fire access roads shall have a minimum fire lane width
of 26' unobstructed. Should parking within the fire lane be required, the fire lane width
is to be increased to an additional 8' per side for vehicle parking.
a
99. Aerial Fire Apparatus. Where the vertical distance between the grade plane and the
highest roof surface exceeds 30 feet (9144 mm), approved aerial fire apparatus
access roads shall be provided. For purposes of this section, the highest roof surface
shall be determined by measurement to the eave of a pitched rood, the intersection of
the roof to the exterior walk, or the top of parapet walls, whichever is greater. Aerial
fire apparatus access roads shall have a minimum unobstructed width of 26 feet
(7925 mm), exclusive of shoulders, in the immediate vicinity of the building or portion
thereof.
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 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 exactions. The applicant is hereby
further notified that the 90-day appeal period, in which the applicant may protest these
fees and other exactions, pursuant to Government Code Section 66020 (a) has begun.
If the applicant fails to file a protest within this 90-day period complying with all
requirements of Section 66020, the applicant 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 a regular meeting
assembled on the 21st day of July, 2015, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said
City this 22nd day of July 2015
Lara Weisiger, City CI
City of Alameda
APPROVED AS TO FORM:
C. Kern, City ttorney
CI of Alameda