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Resolution 15082CITY OF ALAMEDA RESOLUTION NO. 15082 UPHOLDING PLANNING BOARD RESOLUTION PB -15 -16 APPROVING A FINAL DEVELOPMENT PLAN AND DESIGN REVIEW TO ALLOW THE CONSTRUCTION OF A 100 -ROOM HOTEL ON THE HARBOR BAY BUSINESS PARK SHORELINE AT 2350 HARBOR BAY PARKWAY (PLN14 -0305) WHEREAS, the subject property is designated Business Park on the General Plan Diagram; and WHEREAS, the subject property is located within the C -M -PD Commercial Manufacturing with a Planned Development; and WHEREAS, the Planned Development for the Harbor Bay Business Park was approved by PD -81 -2, and subsequently amended by PDA -85 -4 and PDA05 -0003; and WHEREAS, Condition #2 of Resolution No. 1203 which approved the Business Park requires that for each development proposal within the Business Park a Final Development Plan be reviewed by Community Development Department staff for compliance with the standards and conditions of the Business Park Final Development Plan and then be brought before the Planning Board; and WHEREAS, the Planning Board held a public hearing and approved this Final Development Plan and Design Review application on February 23, 2015, April 13, 2015 and July 13, 2015, and has examined pertinent maps, drawings and documents; and WHEREAS, on July 23, 2015, Mayor Spencer called the Planning Board's decision up for review and on the same day UNITEHERE! Local 2850 filed an appeal of the Planning Board decision; and WHEREAS, the City Council held a public hearing and considered the appeal and the Planning Board actions on September 1, 2015; and WHEREAS, this Council held a de novo public hearing on September 1, 2015, on the final development plan and design review application at which time all materials submitted and all comments made by all parties, including staff, regarding this application were considered; and WHEREAS, the City Council considered the appeal, the public testimony, and all pertinent maps and reports and made the following findings concerning the project. NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL MAKES THE FOLLOWING FINDINGS: The Appellant has failed to demonstrate that the Planning Board's actions, findings and conclusions were not supported by substantial evidence, not consistent with General Plan policy, or inconsistent with the purposes and standards of the Zoning Ordinance and therefore hereby denies the appeal. Final Development Plan Findings a) The development is an effective use of the site. The Final Development Plan provides for a commercial subdivision and new hotel including landscaping and open spaces, pedestrian, transit and bicycle facilities designed to provide a project that is pedestrian, bicycle and transit - friendly. The Final Development Plan utilizes landscaping, building placement and orientation to create an effective and successful commercial development that creates a compatible interface with the adjacent properties and uses, and provides strategies for the conservation of natural resources and sustainable landscaping design. b) The proposed use relates favorably to the General Plan. The proposed development supports General Plan policies for the development of Harbor Bay Business Park and General Plan policies to increase complementary business opportunities in Alameda. This project also facilitates future development of, and access to, the adjacent waterfront land areas, which supports General Plan policies to increase public waterfront parks and public waterfront access citywide and on this property. The project also generates jobs consistent with General Plan goals. c) The proposed use, if it complies with all conditions upon which approval is made contingent, will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existing business districts or the local economy. The proposed Final Development Plan is consistent with the Harbor Bay Business Park Development Plan. The proposed Final Development Plan is designed to be compatible with adjacent commercial uses by providing attractive public improvements and ample pedestrian amenities, shuttle service, and bicycle facilities. d) The location of the proposed use is compatible with other land uses in the General neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development. The proposed development qualifies as a commercial development pursuant to the C -M -PD Commercial Manufacturing - Planned Development Zoning District, and satisfies the purposes of the C -M -PD district regulations. The project site plan is designed to conform to the Harbor Bay Business Park Development Plan objectives and requirements adopted to ensure that the project would be compatible with the adjacent airport environment and commercial development. The Final Development Plan will provide for adequate landscaping, including Bay Friendly - compatible native landscaping, as required by City standards. Page 2 of 15 e) The proposed use will be served by adeauate transportation and service facilities including pedestrian. bicycle, and transit facilities. The Final Development Plan is designed in a manner compatible with existing and potential contiguous uses. The project plans provide for well-designed pedestrian paths, bicycle access, on-demand shuttle services, free bicycle use, and vehicular access between the hotel and nearby transit amenities including the airport, ferry terminal, Park Street restaurants and entertainment, and BART. NOW THEREFORE, BE IT FURTHER RESOLVED THAT, the City Council finds that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15332 — Will Development Projects. The project meets all requirements for the infill exemption, including the following: A. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed project is consistent with the General Plan, Zoning Ordinance, and Harbor Bay Industrial Park Development Plan, approved by Planning Board Resolution No. 1203 in 1981, which establish the development standards for the Harbor Bay Business Park and this property. B. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is less than two acres in size and is located within the Harbor Bay Business Park within the City of Alameda, which is at the center of the San Francisco Bay Area metropolitan area. The site is surrounding by a manmade urban park and commercial manufacturing and office uses. The subject property was designed to be, and has always been, part of the urban environment. The land itself was created in the mid 20th century to be a business park and be part of the City of Alameda. The site has never been part of the original natural environment. C. The project site has no value as habitat for endangered, rare or threatened species. The small parcel for the proposed development is currently vacant and it has no habitat value for any endangered, rare, or threatened wildlife species. The vacant lot is immediately adjacent to the Harbor Bay Parkway. The proposed project will not require any work within the San Francisco Bay. A habitat assessment and survey of burrowing owls conducted by WRA Environmental Consultants concluded that no burrowing owls are present on the site and that the site provides poor quality habitat for burrowing owls. The findings are consistent with similar findings made by other Biological experts and professionals who have surveyed nearby sites for the recent developments in the Business Park, such as the VF campus, Esplanade Waterfront development and other developments. Page 3 of 15 D. Approval of the project would not result in any significant effects relating to traffic, noise, air navigation, air quality or water quality. Traffic: The project will not result in any significant transportation impacts. The Abrams & Associates traffic study concluded that there would not be impacts from a 105 -room hotel that would generate approximately 61 AM peak hour and 65 PM peak hour trips. With the reduction to 100 rooms, the addition of on- demand shuttle services, bicycle services and off -site improvements funded through business park TIF, the project will not result in any significant traffic impacts. Pursuant to the Harbor Bay Development Agreement, a portion of the property taxes and building permit fees from this project will fund the Harbor Bay Business Park Transportation Improvement Fund (TIF). The purpose of the TIF is to fund transportation and signal improvements in the Business Park. A signal will be necessary in the near future at the currently impacted intersection of Harbor Bay Parkway and North Loop Road. The unsignalized intersection currently operates at an unacceptable level of service during peak hours. Per the Development Agreement and the Infrastructure Agreement for the Business Park, the necessary traffic signal improvements will be funded by the TIF. The project is located within the Airport Safety Zone of the Oakland Airport and triggers the review of both the ALUC and the Federal Aviation Administration (FAA). The ALUC deemed the project consistent with airport land use regulations upon the FAA issuing a Determination of No Hazard to Air Navigation for the proposed location and maximum building height. The FAA has determined in its letter dated October 1, 2014, that the project will not pose a hazard to air navigation at the Oakland International Airport or in Bay Area airspace. The project, as conditioned, will comply with all regulatory requirements pertaining to airport safety. Noise: The proposed construction and operation of the hotel in the Business Park will not result in any significant noise impacts. The site is immediately adjacent to an active airport that generates significant noise in the area. The construction and operation of the hotel will be subject to the restrictions and requirements of the City of Alameda Noise Ordinance which ensures that no significant noise impacts are generated on -site by the hotel that would impact the adjacent parcels as the result of the hotel construction or operation. Because the Oakland International Airport creates significant noise in the Business Park and on the subject property, the hotel is designed to shield the occupants of the hotel from Oakland Airport noise. Noise levels within the hotel will be attenuated to 45 dB CNEL. A standard condition of approval for all development in the Harbor Bay Business Park is for the applicant to submit an acoustical noise study with the building permit application to demonstrate that interior noise levels can be attenuated to less than 45 dB. Furthermore, new construction must comply with State of California Title 24, Part 2 of the Administrative Code, which will typically Page 4 of 15 attenuate interior noise levels to less than 45 dB. Therefore, the project occupants will not experience any adverse noise effects from airport operations. Air Quality and Water Quality: Construction and operation of the hotel will be subject to standard construction requirements of the City of Alameda, Regional Water Quality Board, and Regional Air Quality Board. These standards and permit requirements are specifically designed to ensure that urban in-fill projects do not result in air or water quality impacts to the environment. In addition, the landscape design and plant list for the proposal includes a mix of trees, shrubs, grasses, and other low-lying ground cover vegetation that is consistent with state and regional water quality requirements and Bay Friendly Landscaping Guidelines. E. The site can be adequately served by all required utilities and public services. The project site is located within an urban business park that already has the basic water, sewer, and other utility infrastructure necessary to support the proposed hotel. The site has access to all other public services provided by the City. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City Council of the City of Alameda hereby upholds Planning Board Resolution PB-15-16 approving a Final Development Plan and Design Review to allow the construction of a 100-room hotel on the Harbor Bay Business Park Shoreline at 2350 Harbor Bay Parkway (PLN14-0305) subject to compliance with the following conditions: 1. Expiration: This Final Development Plan and Major Design Review approval shall expire and become void unless actual construction under valid permits has commenced within two years after this approval. A one-time extension for an additional two years may be granted upon written request. 2. Planning Board Resolution No. 1203 Conditions relating to Planning Board Resolution No. 1203 are incorporated by reference and these conditions shall be printed on the first page of all building plans and improvement plans. 3. Building Permit Plans: The plans submitted for the building permit shall be in substantial compliance with Marriott Fairfield Inn Alameda Design Review Package prepared by SB Architects and approved by the Planning Board on July 13, 2015 and on file in the office of the City of Alameda Community Development Department, except as modified by the conditions listed in this resolution. Community Development Department Conditions 4. Final Architectural Details: The Building Permit plan set shall include and specify surface colors and materials, window design, airplane safety lighting, bicycle parking design, and sign size and location, a window and door schedule. All window sashes shall be recessed at least three inches from the exterior wall surface, and window surfaces shall be treated to reduce potential bird strikes. All final window and door Page 5 of 15 details shall be subject to review and approval by the Community Development Director. 5. ALUC /FAA Compliance: Prior to issuance of a building permit, the applicant shall demonstrate compliance with all terms and conditions of the written approval letters addressed to the applicant from the ALUC, dated September 7, 2014 and October 6, 2014, and from the FAA, dated October 1, 2014. Per FAA Determination letter dated 10/01/2014, the aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation and marking and lighting are not necessary for aviation safety. However, to maximize airport safety, safety lighting shall be installed and maintained in accordance with FAA Advisory circular 70/7460 -1 K Change 2. 6. Noise: All windows and patio doors will be insulated and double paned. Documentation shall be submitted from an acoustical engineer ensuring that interior noise levels will meet design criteria set per Oakland International Airport Land Use Compatibility Plan, Section 3.3.1.6 (a). Prior to the issuance of building permits and prior to any future change in building use, the applicant shall submit an acoustical noise analysis demonstrating compliance with these Standards. An acoustical analysis meeting the requirements of Condition No. 60 of Resolution No. 1203 shall be submitted with the building permit application. 7 Complimentary Shuttle: The hotel operator shall provide on- demand shuttle service. The shuttle service shall operate between the hours of 4:00 a.m. to 1:00 a.m. daily, and transport hotel guests to and from South Shore Center, the Park Street business district, Harbor Bay Ferry terminal, the Air BART station near the Oakland Airport, and any other destination within a three -mile radius of the hotel. 8. Complimentary Bicycles: The hotel operator shall provide ten complimentary bicycles for use by hotel guests. 9. Bicycle Parking: Locations for bicycle parking consistent with the AMC bicycle requirements shall be shown on the Building Permit plans. The bicycle facility should be located in a secure and safe location and accessible from high pedestrian /bicycle traffic areas, such as at the street frontage, to the satisfaction of the Community Development Director. 10. Off -Site Shared Parking: The applicant shall enter into an off -site shared parking agreement for 43 parking spaces with neighboring property owners with underutilized large parking lots in the event that the hotel needs overflow parking spaces for special events. Prior to issuance of a Certificate of Occupancy, the applicant shall provide a copy of the signed reciprocal parking agreement that confirms parking availability for the project on the adjacent parcels. The applicant shall be responsible for maintaining agreements for 43 shared parking spaces for the life of the project. Page 6 of 15 11. Decorative Wall: The Building Plans shall include a four foot decorative wall to screen parked cars from the sidewalk and adjacent park areas. The design of the wall shall be approved by the Community Development Director prior to issuance of a building permit. 12. Pedestrian Access: Prior to issuance of the Building Permit, the applicant shall provide funding for a crosswalk across Harbor Bay Parkway to facilitate safe pedestrian access to the site from the other businesses in the Business Park. 13. Sea Level Rise: The finished floor shall be raised 24 inches above existing grade to accommodate the potential for sea level rise at this location. 14. Mechanical Equipment: Any noise - making mechanical equipment located on the ground, which generates noise exceeding ambient noise levels (prior to installation of the equipment) at the property line shall be enclosed in a sound blocking enclosure meeting the standards established by the AMC for noise. The sound blocking enclosure must be built to the following minimum standards: o The barrier can be any thickness so long as its weight is 4 lbs/ft2 or greater. o The barrier must be nonporous, with a solid door. o The barrier must enclose the equipment on all sides. The building wall may serve as one or more of the sides. o The wall height should be a minimum of three feet (3') greater than the tallest piece of equipment 15. Sianaae: Any temporary or permanent signage is subject to a sign permit approval. All signage shall be consistent with the requirements of the approved signage program for Harbor Bay Business Park. Public Works Conditions 16. The applicant/developer shall comply with all applicable policies, standards and plans of the AMC and the Public Works Department. 17. 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. 18. The applicant/developer shall submit, for review and approval, plans for all on- site and off -site improvements. The 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 Page 7 of 15 occupancy permit, that the installation of the on -site work (excluding the building and foundation) was constructed in accordance with the approved plans. 19. The applicant shall submit, for review and approval, 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 agencies' requirements. 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. 20. A geotechnical report, prepared by a registered geotechnical engineer, with recommendations to address the findings shall be submitted for review with the building permit application. 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. Public Works Stormwater, Wastewater and Water Conditions 21. Prior to issuance of building permits, the developer shall secure all necessary permit approvals from East Bay Municipal Utility District (EBMUD) regarding the installation of all water or sewer service connections for the project. Accumulated wastewater must be drained to the sanitary sewer. 22. Backflow prevention devices shall be installed on all new and existing domestic, commercial, irrigation, fire, and water services and as required by EBMUD. 23. 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 include any recommended improvements from the sewer study into the project's improvement plans. The applicant/developer shall pay, proportional to the building usage, any upgrades to the city's sewer line capacities up to the Bay Farm Island pump station at Island Drive, including pump stations HBP -1 and HBP -2. 24. 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 Page 8 of 15 part of the construction improvement plans. The plan shall identify and mitigate any increase in wet weather flow capacities. The improvement plans will include any recommended improvements. 25. 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. The City will provide this data to an independent consultant who will assess the impact of the proposed development on the City's storm drainage system and determine if any improvements to the City's system are required to ensure sufficient capacity for this project and anticipated cumulative growth in the associated drainage basin. The applicant/developer will pay for the cost of the modeling study. The improvement plans shall include the recommended improvements. 26. Section 30- 84.12, of the AMC states that drainage across interior property lines is not permitted. New construction must not cause storm runoff onto any adjacent parcel. Concentrated runoff across the sidewalk will not be allowed. All storm runoff must be properly channeled to the existing storm drain system. No building roof drainage can be directly tied to the storm drain but must flow either into a drainage swale or across impervious pavement and then into a drainage swale. The grading plan shall show the location of any swales and how stormwater runoff will be directed. 27. Efforts shall be taken to minimize impervious surfaces, especially directly connected impervious surface areas. Roof leaders shall discharge onto landscaped areas. Additional design techniques can include, but are not limited to, the use of pervious pavement in parking areas and /or directing runoff from impervious surfaces to vegetated areas. 28. Landscaping plans shall be designed to minimize runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to stormwater pollution. Consideration shall be given to pest- resistant landscaping and design features and the use of integrated pest management (IPM) principles and techniques. As appropriate, landscaping shall be designed and operated to treat stormwater runoff. 29. The site improvement plans shall incorporate permanent low impact development (LID) measures and stormwater treatment controls and design techniques to manage the quantity and quality of stormwater runoff from the development. Measures shall be constructed consistent with the latest version of the Alameda County Clean Water Program's Provision C3 Technical Guidance Manual and Provisions C.3.c and C.3.d of the City's Municipal NPDES storm water permit. Conceptual site plans will need to identify sufficient areas to provide for the implementation of the necessary LID measures. Page 9 of 15 30. In conjunction, and consistent, with the improvement plans submittal, prepare and submit for City engineering review and approval of a storm water quality management plan (Plan) to demonstrate and verify appropriate site LID design. This plan shall include: a. The completed City of Alameda's Stormwater Requirements Checklist. b. The identification of drainage management areas (DMAs) for all impervious surface areas on the proposed project site and the establishment of Provision C3- compliant stormwater quality design and treatment measures for each DMA. c. A site plan map and inventory identifying the location and area values (in square feet) of each DMA and corresponding C3- compliant measure. d. Detail and cross - sectional drawings of the stormwater quality design and treatment measures, as relevant, consistent with the latest version of the Alameda County Clean Water Program's Provision C3 Technical Guidance Manual. e. Signed, C3 -LID sizing certification form for all DMAs and C3 measures, as described below. 31. The applicant/developer shall prepare and submit to the Public Works Department Storm Water Pollution Prevention Plan (SWPPP) documents. Information regarding the SWPPP is available at the SWRCB's Construction Storm Water Program web page at: www.waterboards.ca.aov.water issues /proarams /stormwater /construction.shtml 32. Prior to issuance of the first grading /building/combination permit, provide verification to Public Works Department Engineering Division of the WDID# that has been issued to the project site by the SWRCB. Submittal of the required permit registration documents to the SWRCB's SMARTS website is necessary for compliance with SWRCB Order No. 2009 - 0009 -DWQ. 33. Prior to the granting of the certificate of occupancy, a C3 -LID Stormwater Treatment Measures Maintenance Agreement (Agreement) shall be executed between the Project Owner and the City and recorded, at Project Owner's expense, with the County Recorder's Office of the County of Alameda. The Agreement shall include, but not be limited to: an Operations and Maintenance (O &M) plan, approved by the Public Works Department, for all post- construction (permanent) stormwater treatment measures; an instrument of financial assurance from the party responsible for stormwater treatment measures O &M; identification of the party responsible for stormwater treatment measures O &M; 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 approved by the City. 34. Concurrently with applying for a grading /building /combination permit, a Stormwater Treatment Measures Operations and Maintenance (O &M) Plan shall be submitted Page 10 of 15 by the project proponent for approval by the Public Works Department. 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 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; and estimates of annual treatment measure(s) maintenance costs. 35. The applicant/developer 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. Contact Public Works Department, telephone (510) 747 -7930, for copies of these reference documents. 36. Storm drain inlets shall be clearly marked with the words "No Dumping! Drains to Bay," or equivalent, using methods approved by the Public Works Department. 37. The applicant/developer shall submit a stamped, signed City of Alameda C3 certification form from a qualified independent civil engineer with stormwater treatment facility design experience, licensed in the State of California, and acceptable to Public Works Department, that states that the LID and treatment measure designs of the final improvement plans and stormwater quality management plan meet the established sizing design criteria for stormwater treatment measures. 38. Prior to the issuance of a certificate of occupancy, the project applicant shall submit to the Public Works Department a formal certification report (Report) from a Licensed Engineer, paid for by the developer, affirming that all project site stormwater treatment measures have been constructed per approved plans and specifications. As appropriate, the Report shall include, but not be limited to, assurances that: imported materials used for the treatment measure(s) are certified by the supplier; installation of these materials is per approved plans and specifications and meets the intent of the design engineer; required on -site testing results conform with approved plans and specifications; treatment measures conform to dimensions, grades and slopes on approved plans and specifications; all structural features of the treatment measures comply with plan specifications; the irrigation system is installed and functions as designed; healthy vegetation /ground cover is installed as shown on plans. 39. Fire sprinkler system test water discharges shall be directed to onsite vegetated areas. Page 11 of 15 Public Works Traffic and Transportation Conditions 40. 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. In general, any vehicular, transit, bicyclist, and pedestrian access adjacent to the project site shall remain unobstructed during project construction or an Americans with Disabilities Act (ADA) compliant alternative route established. Applicant/developer is required to receive prior approval from AC Transit of any proposed traffic detours or temporary closure of bus stops. 41. The applicant /developer shall provide a traffic circulation plan for the development. The circulation plan shall include circulation within the development boundaries and adjacent parcels and shall identify all access to public streets. The traffic circulation plan shall include plans 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. 42. The applicant/developer shall submit a traffic striping and signage plan for review and approval for all on -site 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 plans shall be prepared by a registered civil engineer or traffic engineer licensed in the State of California. All stripping in the public right -of -way shall be thermoplastic. 43. Prior to issuance of the Building Permit, project applicant shall provide the following in its improvement plans and /or as submittals as appropriate for the approval of the Public Works Department and in accordance with the City design standards: a) Ensure that all pedestrian access points throughout the project area are (ADA) compliant. b) Vehicular and pedestrian access to adjacent parcels. c) As a member of the Harbor Bay Business Park Owner's Association, the applicant/developer and its tenant will participate in the Transportation Management Program implemented by the Harbor Bay Business Park Association that includes TDM strategies in accordance with the provisions stipulated in Section 11.2.h of the Covenants, Conditions, and Restrictions (CC &RS) of the Harbor Bay Business Park Association. Page 12 of 15 Public Works Environmental Services Conditions 44. 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. 45. The project is subject to the WMP requirement of section 21 -24 of the AMC, and must recycle at least 50% of total debris hauled from project. 46. Within thirty (30) days after the completion of the demolition and /or clearing and grubbing, 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. 47. Internal collection and storage areas 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. 48. 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. All trash collection areas shall be accessible to employees. Fire Department Conditions 49. The applicant shall be responsible for a water main extension to serve the project, whose design shall be shown on the improvement plans to the satisfaction of the EBMUD, the Public Works Director, and the Fire Chief. 50. Prior to approval of the improvement plans, the applicant 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. b) Ensure sufficient fire flow for the development compliant with California Fire Code Appendix B and AMC Section 15 -1.2 where a maximum 50% reduction of the fire flow is allowed for fire sprinklered buildings. Fire hydrant flows shall be a minimum of 1,500 G.P.M. from any one hydrant; Page 13 of 15 c) Provide adequate turn - around space or acceptable emergency vehicle through- access for any street greater than 150 feet in length; d) Ensure that all roads have adequate turning radii for fire apparatus (inside turning radius of 28" and outside turning radius of 44'8 "); and e) Minimum fire lane width shall be an unobstructed 26'. Should parking within the fire lane be required, the fire lane width is to be increased an additional 8' per side for vehicle parking (total width of 42' if vehicle parking on both sides, and 34' if vehicle parking on one side). 51. Hold Harmless and Indemnification: The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Alameda 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 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 Planning Board or City Council relating to this project. The City shall notify the 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. Page 14 of 15 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 1st of September, 2015, by the following vote to wit: AYES: Councilmembers Daysog, Ezzy Ashcraft, and Oddie - 3. NOES: Mayor Spencer - 1. ABSENT: Vice Mayor Matarrese - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 2nd day of September, 2015. aiy-et Lara Weisiger, City C, City of Alameda Janpt Q Kern, City Attorney City of Alameda