Resolution 16171 CITY OF ALAMEDA RESOLUTION NO. 16171
APPROVING A USE PERMIT TO ALLOW OUTDOOR RESEARCH
AND DEVELOPMENT, AND OUTDOOR STORAGE, AND DESIGN
REVIEW FOR AN APPROXIMATELY TWENTY-FIVE FOOT TALL,
5,500 SQUARE FOOT HYDRAULIC TEST FACILITY ON THE NORTH
SIDE OF BUILDING 23 AT 2401 MONARCH STREET.
WHEREAS, an application was made on February 12, 2024 by Gregor Cadman on behalf
of Natel Energy for a Use Permit and Design Review to allow outdoor research and development,
outdoor storage and construct an approximately twenty-five foot tall, 5,500 square foot hydraulic
test facility at 2401 Monarch Street; and
WHEREAS, the application was deemed complete on April 4th, 2024; and
WHEREAS, the subject property is designated as Mixed Use in the General Plan; and
WHEREAS, the subject property is located in the AP-AR, Alameda Point — Adaptive
Reuse Zoning District; and
WHEREAS, the Planning Board held a duly noticed public hearing for the project on April
22, 2024 and examined pertinent maps, drawings, and documents; and
WHEREAS, the Planning Board unanimously approved Resolution No. PB-24-07 Natel's
application for a Use Permit and Design Review; and
WHEREAS, on May 2, 2024, Councilmembers Herrera Spencer and Daysog filed a Call
for Review of the Planning Board's decision to approve the Use Permit and Design Review; and
WHEREAS, after giving due notice to the applicant, all interested parties, and the public,
the Call for Review was considered by the City Council at a public hearing on June 4, 2024; and
WHEREAS, the applicant, supporters of the application, those opposed to the application
and interested neutral parties were given the opportunity to participate in the public hearing; and
WHEREAS, the City Council held a de novo public hearing on June 4, 2024, on the
application for Use Permit and Design Review at which time the City Council considered the
entirety of the record, including all submitted materials and public comments regarding the
application; and
WHEREAS, the City Council considered the Call for Review, the public testimony, and all
pertinent maps and reports and evidence in the record as a whole, and made findings to approve
Use Permit and Design Review application PLN24-0059 as set forth below.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the
City Council finds this project categorically exempt from environmental review pursuant to CEQA
Guidelines Sections 15301(a) and (e)(2) —Existing Facilities-- in that the outdoor equipment is.
functionally equivalent to utility equipment, the addition will not exceed 10,000 square feet, the
equipment is not located in an environmentally sensitive area and addition of the equipment
involves a negligible expansion of use; 15303 (d) — New Construction or Replacement of Small
Structures-- in that the proposed equipment is functionally equivalent to new water, sewage,
electrical infrastructure; and 15332— Infill Development—in that(a) The project is consistent with
the applicable general plan designation and policies as well as with applicable zoning designation
and regulations as described in the staff report; (b) The proposed development occurs within city
limits on a project site of no more than five acres substantially surrounded by urban uses; (c)The
project site has no value as habitat for endangered, rare or threatened species given the
conformance with the Biological Opinion; (d) Approval of the project would not result in any
significant effects relating to traffic, noise, air quality, or water quality; (e) The site can be
adequately served by all required utilities and public services given its current use. The Council
further finds that none of the exceptions to the categorical exemptions apply; and
BE IT FURTHER RESOLVED, as a separate and independent basis, the project is also
exempt from CEQA pursuant to the streamlining provision of Public Resources Code Section
21083.3 and Section 15183 of the CEQA Guidelines; no further environmental review is required
because the project is consistent with the adopted zoning for the area, the impacts of which were
considered in the Alameda Point Project (APP) Final Environmental Impact Report (FEIR)
adopted by the City Council on February 4, 2014; and
BE IT FURTHER RESOLVED, that the City Council makes the following findings relative
to the Use Permit application (AMC Sections 30-21.3):
1. 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. As
conditioned, the proposed outdoor hydraulic test facility and associated outdoor research and
development, and outdoor storage uses are compatible with the wide variety of commercial
and business uses found at Alameda Point in the NAS Alameda Historic District. The Use
Permit is conditioned to minimize clutter and maximize vistas toward San Francisco Bay from
Monarch Street and ensure the proposed use is harmonious with the surrounding
development.
2. The proposed use will be served by adequate transportation and service facilities
including pedestrian, bicycle, and transit facilities. The facility is located on Monarch
Street, classified as a Business Commercial Street in the General Plan, with no barriers to
access. AC Transit's line 96 serves Alameda Point and stops across the street. The site has
ample off-street parking available and easy access. Therefore, the proposed use is served by
adequate transportation and service facilities, including pedestrian, bicycle, and transit
facilities.
3. 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 outdoor hydraulic test facility and associated outdoor research and development,
and outdoor storage uses are critical to the ongoing success and expansion of Natel Energy.
As conditioned, the use will not adversely affect other property in the vicinity. As an Alameda-
born anchor tenant at Alameda Point, Natel Energy's success will continue to demonstrate
that Alameda Point is a hub of innovative, clean energy and other climate-friendly technology
companies which will have beneficial effects on businesses in the area by bringing high paying
jobs and new employees to the area daily that will patronize local businesses.
4. The proposed use relates favorably to the General Plan and the purpose of the Alameda
Point Zoning District. Approving this use is consistent with Alameda General Plan goals
and policies. General Plan policy LU-13, Green Economy, calls for promoting a green
economy. Natel's fish-friendly hydropower turbines help create zero-emission electricity while
protecting migratory fish. The proposed use furthers General Plan policy LU-21, Alameda
Point Adaptive Reuse Sub-District, by supporting preservation and investment in the NAS
Alameda Historic District; and,
BE IT FURTHER RESOLVED, that the City Council makes the following findings relative
to the Design Review application (AMC Section 30-37.5):
5. The proposed design is consistent with the General Plan, Zoning Ordinance, and the
City of Alameda Design Review Manual. The proposed hydraulic test facility and ancillary
equipment are consistent with the General Plan. The project furthers General Plan policy LU-
13, which calls for promoting a green economy. Natel's fish-friendly hydropower turbines help
create zero-emission electricity while protecting migratory fish. The project also furthers
General Plan policy LU-21, Alameda Point Adaptive Reuse Sub-District, by supporting
preservation and investment in the NAS Alameda Historic District. The project is consistent
with the Alameda Point Zoning District, and meets the criteria in Alameda Municipal Code
(AMC) Section 30-4.24.b. The hydraulic test platform is equipment that supports the research
and development use at the site. The equipment requires a building permit for life safety
purposes and is therefore subject to Design Review. However, the Citywide Design Review
Manual does not contemplate or provide guidance for this type of structure. No modifications
to Building 23 are proposed as part of this project and the improvements constructed as part
of the test facility can be easily removed in the future if the use changes.
6. The proposed design is appropriate for the site, is compatible with adjacent or
neighboring buildings or surroundings, and promotes harmonious transitions in scale
and character in areas between different designated land uses. Building 23 is a
contributing structure to the NAS Alameda Historic District and no modifications to the hangar
are proposed as part of this project. The design of the hydraulic test facility is appropriate for
the site. It is located and designed to minimize visual impacts, including minimizing outdoor
storage and locating as much equipment as feasible adjacent to the hangar doors of Building
23 to maximize views towards San Francisco Bay from the public right of way. The scale of
the equipment is similar to other light industrial and research and development users at
Alameda Point as well as with the historic use of the site as an active naval air station. The
property is required to maintain an access easement along the northern property line where
no structures or equipment can be located, preserving visual access to San Francisco Bay
indefinitely.
7. The proposed design of the structure(s) and exterior materials and landscaping are
visually compatible with the surrounding development, and design elements have been
incorporated to ensure the compatibility of the structure with the character and uses
of adjacent development. The proposed structures are consistent with the surrounding
development, which includes a row of former aircraft hangars that served as maintenance,
repair, storage and test facilities at the former NAS Alameda; and,
BE IT FURTHER RESOLVED, that the City Council approves Use Permit and Design
Review application PLN24-0059 to establish a Use Permit to allow outdoor research and
development, and outdoor storage, and approve Design Review for an approximately twenty-five
foot tall, 5,500 square foot hydraulic test facility on the north side of the building 23 at 2401
Monarch Street, subject to the following conditions:
1. Approved Uses: This Use Permit approves, with conditions, outdoor storage and outdoor
research and development associated with the proposed hydraulic test facility as shown in
the attached plans, dated 4/3/24 and on file with the Planning, Building and Transportation
Department. The hydraulic test facility consists of:
a. Recirculating Aquaculture System to hold various fish species.
b. Small Scale Hydraulic Test Facility ("Miniloop") with modified shipping container,
reservoir, pump, turbine, piping and controls infrastructure.
c. Large Scale Hydraulic Test Facility ("Big Loop") with multiple 20,000+ gallon
reservoirs, pumps, turbines, piping, and controls infrastructure.
d. Water Storage Tanks.
e. Compressor Storage Container with sound dampening materials.
2. Building Permit Conditions: These conditions shall be printed on the first page of all building
plans and improvement plans.
3. Changes to Approved Plans: This approval is limited to the scope of the project defined in the
project description and does not represent a recognition and/or approval of any work
completed without required City permits. Any changes to the approved scope of the project
shall be submitted to the Planning, Building and Transportation Department for review and
approval.
4. Biological Opinion: Applicant/owner shall comply with the Biological Opinion issued by U.S.
Fish and Wildlife to protect the endangered least tern colony, including:
a. No new structures greater than 4 feet in height shall be constructed in "Zone 1," as
defined by the Biological Opinion, which includes areas on the property to the west
and south of Building 23.
b. In Zone 2, as defined by the Biological Opinion, which includes the operational
area on the north side of Building 23, anti-perching devices shall be used on
structures and permanently installed equipment over 20 feet tall and within line of
sight of the existing least tern colony.
c. During the least tern breeding season (April 1 to August 15), operation of the test
equipment may not result in an increase in the ambient noise level at the least tern
colony by more than 10 percent over the baseline established in the most recent
least tern monitoring and management report (55 decibels in March 2009).
5. Streetscape Maintenance: Owner/applicant shall maintain a clean and tidy operations yard,
free of trash and debris, especially within 50 feet of the building frontage/front fence line to
present an attractive streetscape that invites passersby to enjoy the views of the intricate
testing equipment on site and the views beyond.
6. Noise: Operations shall comply with the Alameda Noise Ordinance (AMC Section 4-10) and
the maximum allowable noise levels in Section 4-10.4.b.
7. Lighting: No new permanent exterior lighting may be installed without prior ministerial approval
of the Planning Director to ensure compliance with the Dark Sky Ordinance and the Biological
Opinion.
8. Fire Lane: Owner/applicant shall stripe an Aerial Fire Apparatus Access Road on the south
side of Building 23 with a minimum unobstructed width of 26 feet parallel to the entire side of
the building not less than 15 feet and not greater than 30 feet from the building to the
satisfaction of the Fire Marshal.
9. Drainage:
a. The applicant shall be responsible to maintain access to and function of existing
storm drain lines that run onto and/or through the applicant's property.
b. Stormwater shall be dispersed, diffused, detained, or otherwise infiltrated on-site
to the extent feasible. Downspouts shall not be directly connected to public or
private storm drain facilities. Stormwater, including roof drainage, shall not be
directed across sidewalks or driveways.
10. Stormwater Quality Protection and Treatment:
a. Prior to use of the newly permitted facility, Natel shall self-assess the applicability
of the State's General Industrial Stormwater Permit to the Natel facility operations
at 2401 Monarch Street.
https://www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.ht
ml.
b. Prior to use of the newly permitted facility, provide City of Alameda Public Works
(PW) Engineering and Clean Water staff with
i. Natel's Standard Industrial Classification (SIC) code for the 2401 Monarch
facility and
ii. Written verification of the results of the self-assessment, as above, and the
applicability of the State General Industrial Stormwater Permit to the Natel
operations.
c. Prior to the use of the newly permitted facility, provide City of Alameda PW
Engineering and Clean Water staff with a copy of:
i. If the site is subject to a State General Industrial Stormwater Permit,
provide both the Natel WDID# and SWPPP, prepared in compliance with
the application requirements of the State General Industrial Stormwater
Permit.
ii. The SWPPP or a revised Natel "Spill, Leak and Water Management Plan"
that presents and discusses comprehensive operational practices,
procedures, and equipment to effectively prevent and contain all potential
discharges or the release of any water, waste water, and/or other materials
from the operations and/or maintenance of Permit-subject facility to the
pavement onsite or offsite or to the local storm drain inlets in the vicinity of
the Natel facility.
1. A spill response plan, including a possible containment system or
response team and procedures to contain large spills on site.
2. Required maintenance of all systems to prevent leaks and spills,
including scheduled inspections, oversight and staff training.
3. Standard procedure should not include discharging water to the
ground for evaporation. Discharging commercial/industrial
water/wastewater/and waste to the ground or to the City's storm
drainage system, including streets, curbs and gutters and storm
drain inlet is prohibited.
d. During the project installation phase, applicant shall incorporate appropriate
means and methods to prevent the discharge of any pollutant sources that may
impact stormwater or enter the City's storm drainage system.
e. The Applicant shall obtain all necessary permits from other regulatory agencies for
projects within sensitive areas or which have significant stormwater pollution
potential. Other regulatory agencies include, but are not limited to, the Regional
Water Quality Control Board, Department of Fish and Wildlife, Army Corps of
Engineers, and the Bay Conservation and Development Commission.
11. Sewer and Water:
a. Sanitary sewerage shall be in accordance with the EBMUD Regional Standards
for Sanitary Sewer Installation. All permits, easements, and/or approvals for
modifications to the sewer system required by EBMUD shall be obtained prior to
issuance of any building permits by the City.
b. Existing Sewer: The applicant/developer shall be responsible to maintain access
and utility services to the existing buildings within Alameda Point to the satisfaction
of the Deputy Public Works Director.
c. The Applicant shall secure all necessary permit approvals from EBMUD regarding
the installation of all water service for the project or discharge of wastewater.
12. Solid Waste:
a. Driveways or aisles shall provide unobstructed access for collection vehicles and
personnel and provide at least the minimum clearance required by the collection
methods and vehicles used by the City's designated collector or hauler. In all
cases where a parcel is served by an alley, all exterior storage areas shall be
directly accessible to the alley. For safety reasons, a turnaround must be provided
for any street that would otherwise require the collection truck to back up a distance
greater than 150 feet.
b. The storage area(s) and the individual bins and containers provided within shall be
adequate in capacity, number and distribution to serve the anticipated demand as
determined by the Public Works Director.
c. A sign clearly identifying each exterior solid waste and recyclable and organic
material storage area and the accepted material(s) is required. Each sign shall not
exceed two square feet in area and shall be posted on the exterior of the storage
area adjacent to all access points.
13. Expiration: The Use Permit shall expire two (2) years, and Design Review approval shall
expire three (3) years, after the date of approval unless authorized construction or use of the
property has commenced. A one-time extension for an additional two years may be granted
by the Planning, Building and Transportation Director upon written request and payment of
applicable fees.
14. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator,
pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator
determine that: 1) the use or conditions under which it is being operated or maintained is
detrimental to the public health, welfare or materially injurious to property or improvements in
the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or
3) the use is operated in violation of the conditions of the Use Permit.
HOLD HARMLESS. To the maximum extent permitted by law, the applicant (or its successor in
interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City
of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers
(collectively, "Indemnitees") from and against any and all claims, actions, or proceedings against
Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project.
This indemnification shall include, but is not limited to, all damages, losses, and expenses
(including, without limitation, legal costs and attorney's fees) that may be awarded to the
prevailing party arising out of or in connection with an approval by the Indemnitees relating to this
project. The City shall promptly notify the applicant of any claim, action or proceeding and the City
shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the
defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall
reimburse the City for its reasonable legal costs and attorneys' fees.
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 4th day of June 2024, by the following vote to wit:
AYES: Councilmembers Daysog, Jensen, Vella and Mayor Ezzy
Ashcraft—4.
NOES: Councilmember Herrera Spencer— 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 5th day of June 2024.
Lara Weisiger, City IC e>
City of Alameda
APPROVED AS TO FORM.
Yibin en, orney
City of Ala