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Resolution 14614CITY OF ALAMEDA RESOLUTION NO. 14614 APPROVING TENTATIVE MAP 8060 AND DENSITY BONUS APPLICATION PLN -10 -0262 WHEREAS, Mr. Phil Banta on behalf of Mr. Francis Collins is requesting approval of Tentative MAP TM 8060 for the subdivision of an 9.48 acre site into 157 parcels for a proposed development of 182 residential units and associated public open space, parking, landscaping and other improvements at the property owned by Mr. Collins at 2229, 2235 and 2241 Clement Street (APN 071 029000100 and 071 028900500), also known as the "Boatworks" property; and WHEREAS, the subject property is designated as Medium Density Residential and Open Space on the General Plan Diagram; and WHEREAS, the subject property is located in a R -2 /PD, Two Family Residential /Planned Development Zoning District and Open Space Zoning District; and WHEREAS, the City of Alameda prepared and certified an Environmental Impact Report (EIR) evaluating the proposal as required by the California Environmental Quality Act (CEQA) in 2010 for a 242 unit proposal; and WHEREAS, the EIR found that the proposed 242 unit project would result in significant unavoidable impacts to the environment including significant unavoidable impacts to air quality, significant unavoidable contributions and impacts to climate change, and significant unavoidable impacts to pedestrian, and vehicular transportation; and WHEREAS, the EIR for the project found that the significant unavoidable impacts could be substantially reduced and minimized by a Reduced Density Alternative of 182 units and two acres of open space; and WHEREAS, the Planning Board and City Council reviewed the Final EIR and found that the analysis is adequate and that a reduced density alternative would reduce the severity of several significant unavoidable environmental impacts, that a reduced density alternative is feasible, and that the reduced density alternative does meet the project objectives; and WHEREAS, on September 21, 2010 the City of Alameda City Council certified the EIR; and WHEREAS, Mr. Banta for Mr. Collins have submitted a Tentative Map application and a Density Bonus application for a reduced density alternative with 182 residential units; and WHEREAS, Mr. Banta has informed the City that the applicant or future developer may request multiple final maps for the tentative map pursuant to Government Code 66456.1; and WHEREAS, the application included a base project of 140 units with thirteen (13) housing units affordable to very low income households and eight (8) units affordable to moderate income households; and WHEREAS, the project is eligible for a density bonus of 30% under California Government Code 65915 and City of Alameda Municipal Code Section 30 -17; and WHEREAS, Mr. Banta for Mr. Collins has requested the 30% density bonus for a total project size of 182 residential units; and WHEREAS, Mr. Banta and Mr. Collins have requested waivers from Alameda Municipal Code Section 30 -52 (to allow multifamily housing), Section 30 -7.6 (to allow one car garages in 30 attached townhomes), and Section 30 -4.2 (to allow lots less than 2,000 square feet in size); and WHEREAS, the Planning Board has held public hearings on April 26, 2010 and May 24, 2010, to review and endorse the preliminary design of a reduced density alternative of 182 units; and WHEREAS, the City Council approved a settlement agreement with Mr. Collins on October 5, 2010, which identified the reduced density alternative as a preferred plan for the site; and WHEREAS, the Planning Board held a public hearing and unanimously recommended approval of this Tentative Map and Density Bonus application on July 11, 2011; and WHEREAS, the City Council held a public hearing and has examined pertinent maps, drawings, and documents on July 19, 2011; and WHEREAS, the City Council made the following findings: 1. The proposal qualifies for a density bonus pursuant to Section 30 -17. The applicant is proposing to provide 9% of the units to very low- income households, which qualifies the project for a 30% density bonus for a total project size of 182 units. 2. The proposal qualifies for a certain waivers from City of Alameda Development Standards pursuant to Section 30 -17. The applicant has requested certain waivers from certain development standards included in AMC Section 30 -52 (to allow multifamily housing), AMC Section 30 -4.2 (to allow parcels less than 2,000 square foot in size), and 30 -7 (to allow some homes to have a one car garage) that physically preclude the construction of the development at the densities permitted. 3. The requested development standard waivers would not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon health, safety, or physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. 4. The requested development standard waivers would not be contrary to state or federal law. 5. The proposed subdivision is in substantial conformance with the General Plan and Zoning for this site. The development is consistent with the R -2 /PD and Open Space General Plan and Zoning designations for the property. 6. The site is physically suitable for the proposed residential development and waterfront public open space because: a) the property is within a one block walk of Park Street retail and transit services, b) the two acre waterfront park will improve public access to and along the waterfront in this area of the City, and c) at 19 units per acre, the project is less than the maximum 21 units permitted by the General Plan and City of Alameda Density Bonus Ordinance. 7. The proposed development will result in health and safety improvements to a property that is currently severely blighted and a detriment to the surrounding community. 8. 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 design of the subdivision and its improvements will create public easements and rights of way required by the public at large for access through, around, and adjacent to the property. The project will include public right -of -way that will enhance public access through the property to and along the waterfront. Easements for public open space, parking, traffic circulation, surface drainage runoff, and utilities are required as conditions of the Final Map. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby finds, based on substantial evidence, that no further environmental review is required for the proposed project as provided by Section 15162 of the California Environmental Quality Act Guidelines because neither the project, nor the circumstances surrounding the project, would result in any new or more severe significant impacts to the environment, there is no new information of substantial importance, and there are no substantial changes to the project. BE IT FURTHER RESOLVED that the City Council hereby approves Tentative Map 8060 dated July 5, 2011 and Density Bonus Application PLN10 -0262, subject to the following conditions: Community Development Conditions of Approval. 1) All maps filed pursuant to this approval shall be in substantial compliance with the map titled, "Tentative Map Tract 8060" prepared by Kister, Savio & Rei, Inc. dated July 5, 2011, consisting of 8 pages, marked Exhibit A, and on file in the office of the Alameda City Planning and Building Department. 2) The Final Map shall be in substantial compliance with the Tentative Map and shall incorporate Alameda Datum. 3) 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. 4) The applicant shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, the Community Improvement Commission (CIC), 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, the CIC, 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, the Alameda City Planning Board, the CIC, or City Council relating to this project. The City shall promptly 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. Prior to First Final Map, Improvement Plan or Grading Permit: 5) Hazardous Materials. Prior to approval of the first final subdivision map for the property or improvement plans or grading permits for any portion of the property covered by the first Final Map, whichever comes first, the applicant /developer shall obtain written confirmation from the California Department of Toxic Substances Control (DTSC) and from any other non City environmental regulatory agency (such as the Regional Water Quality Control Board and ACDEH) with jurisdiction over hazardous materials on the property that remediation of the property or applicable portion thereof has been completed and that the property or portion thereof is protective of human health and safety and the environment for the residential and open space uses as indicated on the site plan. If the first map is only for a portion of the property, then the same requirements as set forth in the preceding sentences shall apply for any subsequent initial final map for any improvement plan or grading permit for the remaining portions of the property, whichever comes first. 6) Hazardous Materials. The project applicant /developer shall prepare a health and safety plan, based on the site conditions and past contaminant release history and remediation, by a licensed industrial hygienist consistent with Mitigation Monitoring Report Measure MM 1 -2a. 7) Hazardous Materials The project applicant /developer shall prepare a soil management plan in accordance with DTSC regulations to reduce environmental risks associated with encountering contaminated soil discovered during grading and construction. 8) Public Open Space Design: Prior to approval of the first final subdivision map or improvement plan for the property the applicant shall prepare design plans for the public open space consistent with the requirement of all City and outside permitting agencies with jurisdiction over the proposed open space, including but not limited to: a) Securing Design Review approval from the City of Alameda Planning Board for the two -acre park shown on the Tentative Map and on lands owned by the Army Corps of Engineers. b) Securing all necessary permits and approvals from the Army Corps of Engineers for construction of the open space that will include improved public open space on lands, landings, and or reconstructed public wharfs located on dry and submerged lands currently owned by the Army Corps of Engineers to the north of the site c) Securing all necessary permits and approvals from the Bay Conservation and Development Commission for construction of the open space and any new fill proposed by the applicant to complete a two -acre park. 9) Public Open Space Maintenance: Prior to the approval of the first Final Map the applicant /developer shall establish a Maintenance Finance Mechanism and record CC &Rs to ensure maintenance of the Open space in perpetuity by the property owners at no expense to the City per the terms of the 2010 Settlement Agreement section 2.2.2.c. 10) Affordable Housing: Prior to the approval of the first Final Map the applicant /developer shall complete an executed Affordable Housing Agreement in substantially the same form as the agreement attached to the Settlement Agreement and an owner participation agreement for the project consistent with the Settlement Agreement and the Alameda Municipal Code 30 -17. 11) Lot Numbering: The lot numbers on the Final Map shall be consecutive. The Applicant shall submit a table or equivalent that compares the lot numbering on the approved Tentative Map with the Final Map. 12) 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 recorded Final Map. Design Review Approvals Required: 13) Prior to issuance of any building permit, the applicant must apply for and receive design review approval for all vertical improvements including architectural, landscape, and park design. The Design Review Plans shall specify: a) Building Heights: That building heights should vary between two and four stories. The multifamily housing should not exceed four stories or 50' in height and should include a minimum of at least one parking space per unit. Single family and town home buildings should be a maximum of three stories or 38' feet in height. b) Buyers with Disabilities: That the project shall have optional floor plans available for buyers with disabilities, such as a floor plan with an elevator or a floor plan with the Master Bedroom on a lower floor with the kitchen and living area, which may require a one car garage. c) Blanding Drive Home Design: That the homes that are oriented with their sides facing Blanding should be designed with a front door and attractive front elevation facing Blanding. d) Lighting: Project lighting designed to minimize the amount and visual impact of perimeter lighting, through measures such as downward - pointing lights, side shields, visors, and motion - sensor lighting. Utilize minimum wattage fixtures to achieve required lighting levels. e) Screening: That on the west side (Mini- Storage side property line), the right of way should provide a curb, and a planting strip for landscape screen along the entire length of the western property line to screen the metal buildings of the Mini Storage. On the east side, the design review plan should include a landscape screen and potentially some form of attractive fence along the property line between the project and the adjacent Park Street Landing commercial center to screen the adjacent commercial uses and discourage residents or visitors from parking in the commercial center. f) Air Quality: That no wood burning fireplaces or stoves shall be installed as part of the proposed project. g) Bicycle Parking: Bicycle parking facility locations and type for each unit and one bicycle parking space per ten guest or visitor vehicle spaces provided on site. h) Oak and Clement Home Design: All homes on lots fronting on Oak and Clement shall face Oak and Clement with the front door facing Oak and Clement and rear alley access to the garages. i) Alley Design. The Design review plans shall consider opportunities to provide landscaping on rear of the homes facing the alleys. j) Sustainable Design. The Design Review plans shall describe the design strategies that will be used to reduce green house gas emissions and minimize global warming impacts in building and landscape design. Prior to Demolition Permits: 14) Hazardous Materials. Each structure proposed 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 pursuant to MMRP Mitigation Measure 41 -1 a. 15) Historic Resources: Prior to issuance of a Demolition Permit to remove the structures, the project applicants shall document the circa 1910 Steel Fabrication Shop /Warehouse and Compressor Room /Storage Building in accordance MMRP Measure E -1. 16) Biological Resource Protections /Bats: Prior to issuance of demolition permits and two weeks in advance of demolition of buildings onsite, a qualified bat biologist (e.g., a biologist holding a CDFG collection permit and a Memorandum of Understanding with CDFG allowing the biologist to handle and collect bats) shall conduct pre- construction surveys for bat roosts in compliance with MMRP Measure F -3a. 17) Biological Resource Protections: Special status bird habitat Prior to issuance of demolition permits and no more than two weeks in advance of any tree, shrub or building removal that would commence during the breeding season (February 1 through August 31), a qualified wildlife biologist shall conduct pre- construction surveys of all potential special- status bird nesting habitat in the vicinity of the planned activity in accordance with MMRP Measure F -1. Pre - construction surveys are not required for construction activities scheduled to occur during the non - breeding season (August 31 through January 31). Construction activities commencing during the non - breeding season and continuing into the breeding season do not require surveys (as it is assumed that any breeding birds taking up nests would be acclimated to project- related activities already under way). 18) Biological Resource Protections: In -Water Construction If dredging or pile driving occurs as part of the construction of the open space plan, the improvement plans for the waterfront park shall implement Best Management Practices (BMPs) for protection of salmonids and Pacific herring, that are identified in the Long -Term Management Strategy for the Placement of Dredged Material in the San Francisco Bay Region (LTMS) (Corps, 2001). BMPs listed in the LTMS include the following: installation of silt curtains and gunderbooms for filtering sediment; mechanical dredge operations controls, including increased cycle time, elimination of multiple bucket bites, and elimination of bottom stockpiling; hydraulic dredge operations controls, including reduction of cutterhead rotation speed, reduction of swing speed, and elimination of bank undercutting; hopper dredges and barges operational controls, including reduction of hopper overflow, lower hopper fill levels, and use of a water recirculation system; and use of specialty equipment, including pneuma pumps, closed or environmental buckets, large- capacity dredges, and specialized tools for precision dredging. In addition, dredging or pile- driving in the Oakland Estuary shall minimize impacts on special - status fish through one or more of the following methods: (1) dredging or pile - driving shall only be conducted within work windows designated to cause the least impact on Pacific herring and salmonids (i.e., June through November); (2) dredging or pile- driving shall only produce noise levels below 150 decibels at 30 feet; and /or (3) dredging or pile- driving shall only be conducted in accordance with NMFS directives and Corps permits to reduce potential impacts on fish species. 19) Biological Resources: Wetlands The project applicant shall provide compensatory mitigation (i.e., no net loss ") for any temporary and permanent impacts to wetlands as defined by Section 404 of the Clean Water Act, as required by regulatory permits issued by the Corps, RWQCB, and BCDC pursuant to MMRP Measure F -5b. Prior to Issuance of the First Building Permit: 20) Development Fees. Prior to issuance of the first Building Permit and each subsequent building permit, the applicant shall pay all development impact fees required by ordinance, unless specifically exempted by the 2010 Settlement Agreement between the City of Alameda and Mr. Francis Collins. 21) Phasing Plan. Prior to the first building permit, the applicant /developer shall provide a phasing plan for the construction of the entire project that is in conformance with the conditions of approval for this Tentative Map and the Settlement Agreement. 22) Affordable Housing: Prior to issuance of the first market rate unit Building Permit, the applicant /developer shall provide a marketing plan that describes how the Applicant will inform the public, and those within the appropriate income groups, of the availability of Affordable Housing Units. The marketing plan shall be subject to the review and approval of the Housing Director or his designee pursuant to AMC 30- 17.16. 23) Interior Noise: The plans submitted for building permits shall specify noise reduction in the form of sound -rated assemblies (i.e., windows, exterior doors, and walls) based upon recommendations of a qualified acoustical engineer. 24) Archeological Resources: The Job Site Construction Plan shall include the following notice: "If cultural resources are encountered, the contractor shall notify the City Planning and Building Department and all activity in the vicinity of the find shall cease until it can be evaluated by a qualified archaeologist and a Native American representative. Prehistoric archaeological materials might include obsidian and chert flaked- stone tools (e.g., projectile points, knives, scrapers) or toolmaking debris; culturally darkened soil ( "midden') containing heat - affected rocks, artifacts, or shellfish remains; and stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic -era materials might include stone, concrete, or adobe footings and walls; filled wells or privies; and deposits of metal, glass, and /or ceramic refuse. If the archaeologist and Native American representative determine that the resources may be significant, they will notify the project applicant or contractor(s) and the City of Alameda and will develop an appropriate treatment plan for the resources. The archaeologist shall consult with Native American monitors or other appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature. If paleontological resources, such as fossilized bone, teeth, shell, tracks, trails, casts, molds, or impressions are discovered during ground- disturbing construction activities, all such activities within 100 feet of the find shall be halted until a qualified paleontologist can assess the significance of the find and, if necessary, develop appropriate salvage measures in consultation with the City of Alameda and in conformance with Society of Vertebrate Paleontology Guidelines. If human skeletal remains are uncovered during project construction, the contractor shall immediately halt work, contact the Alameda County coroner to evaluate the remains, and follow the procedures and protocols set forth in Section 15064.5 (e)(1) of the CEQA Guidelines. If the County coroner determines that the remains are Native American, the project proponent will contact the Native American Heritage Commission, in accordance with Health and Safety Code Section 7050.5, subdivision (c), and Public Resources Code 5097.98 (as amended by AB 2641). Per Public Resources Code 5097.98, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this section (PRC 5097.98), with the most likely descendents regarding their recommendations, if applicable, taking into account the possibility of multiple human remains." Prior to First Certificate of Occupancy or First Final Inspection: 25) Seismic Hazards: Prior to issuance of the final inspection or occupancy permit for the first (1st) residential unit, the project applicant shall prepare an earthquake hazards information document in accordance with MMRP Measure G -1 b. This document shall be made available to any potential occupant prior to purchase or rental of the housing units. The document shall describe the potential for strong ground- shaking at the site, potential effects of ground shaking, and earthquake preparedness procedures. Prior to Issuance of 101st Building Permit: 26) Affordable Housing: Prior to issuance of the building permit for the one hundred and first (101st) market -rate unit, the applicant shall construct and secure final inspection for all affordable housing units. A) The affordable housing units shall be constructed pursuant to and subject to the terms of, the CIC's Inclusionary Housing Requirements. B) The Affordable Housing Units, which may be rental or for sale, may be located in one or more multi - family buildings or in attached town homes or single family homes. Affordability requirements applicable to rental Affordable Housing units shall be set forth in the Affordable Rental Housing Agreement substantially in the form attached to the Settlement Agreement as Exhibit 5. Affordability requirements for for -sale Affordable Housing units shall be set forth in the Affordable For Sale Housing Agreement substantially in the form attached to the Settlement Agreement as Exhibit 6. 27) Public Open Space: Prior to issuance of the building permit for the 101St market rate unit or within forty (40) months of the issuance of the final inspection for the first Housing Unit, which ever comes first, the applicant at his sole expense shall: a) Complete construction and development of all public open space approved pursuant to Condition #8; and b) Provide the City with and dedicate to the City a permanent public access easement all open space. This public access easement shall allow unlimited public access between the hours of dawn to dusk subject to the rules of the Alameda Recreational and Park Department Park Rules) ad as those Park rules may be amended in the future provided that in any such amendments are generally applicable to the other similar open spaces in the City and the easement shall substantially conform to the form of public access easement attached to the settlement agreement as Exhibit 3. The applicant shall have no obligation to provide security personnel or otherwise police the Park. Prior to 101st Certificate of Occupancy or Final Inspection: 28) Historic Resources: Prior to issuance of a Certificate of Occupancy or final inspection for the 101st housing unit, the applicant shall complete according to the Historic American Building Survey (HABS) Level 11 documentation standards, the following: a) Written history. Prepare a written history of the project area and buildings using the HABS standard outline format. b) Archiving. The completed HABS documentation package (photos, report, and drawings) shall be archived at the City of Alameda, the City of Alameda Public Library, the Alameda Museum, and the Northwest Information Center of Sonoma State University. c) Public Art Exhibit. The applicant shall also provide an interpretive history exhibit in the form of a plaque or panel to describe the historical importance of the former Dow Company buildings to the general public. Information generated from the documentation effort, such as photographs and historical text, described above, can be utilized for this effort as well. The interpretative exhibit can either be placed along the proposed waterfront trail /open space, or at the corner of Clement Avenue and Oak Street. A professional architectural historian meeting the qualifications of the Secretary of the Interior's Standards should design the interpretive exhibit. The proposed interpretive history exhibit shall be brought to the HAB for review and approval prior to installation. Public Works Department Conditions of Approval: General Information 29) Prior to approval of the final map, the applicant /developer shall pay all Public Works staff charges for time and materials spent on the Tentative Map application and work completed to verify compliance with conditions of approval for the Final Map. Engineering 30) The applicant /developer shall submit construction improvement plans for all on- and off -site improvements, including detailed designs for all wet and dry utilities, landscaping and irrigation, water, grading, drainage, erosion control, paving, and solid waste storage and recycling areas. The plans shall be prepared, signed, and stamped as approved by a registered civil engineer licensed in the State of California, unless the Public Works Director or his designee authorizes them to be prepared by some other qualified professional, and be in accordance with the Alameda Municipal Code (AMC), the City of Alameda Standard Plans and Specifications, Standard Subdivision Specifications and Design Criteria, and the Master Street Tree Plan. The plans shall be reviewed and approved by the Public Works Director or his designee prior to approval of the improvement plans or final map, whichever comes first. The engineer shall also assume responsibility for inspection of the on -site construction work, including but not limited to parking lots, pathways, storm facilities, sewer facilities, etc., and shall certify to the City, prior to acceptance of the work or issuance of any occupancy permit, including a temporary occupancy permit, whichever comes first, that the installation of the on- site work (excluding the building and foundation) was constructed in accordance with the approved plans. 31) Improvement and grading plans shall meet Federal Emergency Management Agency (FEMA) and City standards for flood protection and floodplain management in effect at the time of subdivision(s) map approval. Improvements are to be consistent with the most current BCDC requirements. The applicant /developer shall include the recommended improvements into the project's improvement plans prior to approval of the improvement plan and final map. 32) The 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 Final Map All grants of easement and declarations of shared access maintenance shall be in place prior to approval of Final Map. No building or structure shall be allowed over an existing or proposed easement. In addition, all requirements of the AMC for Final Map approval shall apply. 33) The landscape and irrigation plans for improvements in the public right -of -way shall be prepared, signed, and stamped as approved by a licensed landscape architect and shall be in accordance with the City's Bay Friendly Landscaping requirements, the Master Street Tree Plan, the AMC, conditions of approval by the Planning Board, and other regional jurisdictions requirements, as applicable. Final landscape plans should ensure that all landscaping and bioswales are compatible with the storm water treatment measures, designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. As appropriate, integrated pest management (IPM) principles and techniques shall be incorporated into the landscaping design and specifications. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. Plant placement within the site landscape design shall not interfere with the design function of any of the storm water treatment measures. For example, trees planted in or near a biotreatment swale shall not adversely interfere with the design flow of the swale. The plans shall be reviewed and approved by the Public Works Director or his designee prior to approval of the improvements plans or final map, whichever comes first. 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. 34) The landscape and irrigation plans for on -site improvements shall be prepared, signed, and stamped as approved by a licensed landscape architect and shall be in accordance with the City's Bay Friendly Landscaping requirements, the AMC, conditions of approval by the Planning Board, and other regional jurisdictions requirements, as applicable. Final landscape plans should ensure that all landscaping and bioswales are compatible with the storm water treatment measures, designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. As appropriate, IPM principles and techniques shall be incorporated into the landscaping design and specifications. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. Plant placement within the site landscape design shall not interfere with the design function of any of the storm water treatment measures. For example, trees planted in or near a bio- treatment swale shall not adversely interfere with the design flow of the swale. The plans shall be reviewed and approved by the Community Development Department prior to approval of the improvements plans or final map, whichever comes first. The landscaped 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 the on -site landscaping and irrigation was constructed in accordance with the approved plans. 35) To guarantee completion of the required on -site and off -site improvements, the applicant /developer shall enter into a subdivision improvement agreement with the City and provide a security in a form and amount acceptable to the City and the applicant prior to approval of the improvements plans and final map. 36) A sanitary sewage flow analysis, acceptable to the Public Works Director or his designee, identifying the total peak sanitary sewage 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 engineer shall sign and stamp the analysis as approved. The City will provide this data to an independent consultant who will assess the impact of the proposed development on the City's sanitary sewer system using a hydraulic model and determine the required improvements, if any, to ensure sufficient sewage capacity for this project and anticipated cumulative growth in the associated sewer sub -area. All permits, easements and /or approvals for modifications to the sewer system required by EBMUD are to be obtained by applicant /developer prior to approval of the improvement plans or final map, whichever comes first. The applicant /developer will pay for the cost of the modeling study. The applicant /developer will include the recommended improvements from the sewer study and from EBMUD into the project's improvement plans prior to approval of the improvement plan or final map, whichever comes first. If the sewer connection is made to the city's system on Oak Street, a modification to the EBMUD pump station may be required. 37) A sanitary sewage treatment capacity analysis for wet weather flows, acceptable to the Public Works Director or his designee, shall be prepared by a registered civil engineer licensed in the State of California and submitted as part of the construction improvement plans. The engineer shall sign and stamp the analysis as approved. The plan shall identify and mitigate any increase in wet weather flow treatment capacities associated with the development when compared to existing conditions. All permits and /or approvals for modifications to the sewer system required by EBMUD are to be obtained by the applicant/developer prior to approval of the improvement plans or final map, whichever comes first. The applicant /developer will include the recommended improvements from the sewer study and from EBMUD into the project's improvements plans prior to approval of the improvement plan or final map, whichever comes first. 38) In accordance with the project's storm drainage hydrology analysis, the applicant /developer is required to increase the off -site storm drainpipe to 33 inches and improve the outfall to accommodate the project's increase in storm drainage runoff. Any proposed deviation from these recommended improvements requires approval by the Public Works Director or his designee. All required off - site easements must be in place and the recommended improvements included into the project's improvements plans prior to approval of the improvement plans or final map, whichever comes first. Approved permits from BCDC, the Corps of Engineers and all other applicable regulatory agencies must be obtained prior to approval of the improvement plans or final map, whichever comes first. 39) The applicant /developer shall submit a soils investigation and geotechnical report, acceptable to the Public Works Director or his designee, in accordance with the AMC and prepared by a registered geotechnical engineer licensed in the State of California, with recommendations based on the findings. The report shall address the structural and environmental analysis of existing soils and groundwater. The improvement plans shall incorporate all design and construction criteria specified in the report. The geotechnical engineer shall sign and stamp the improvement plans as approved and as conforming to their recommendations prior to approval of the improvement plans or final map, whichever comes first. 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 engineer's recommendations. Additional soils information may be required during the plan check of individual house plans. The applicant /developer will include the engineer's recommended improvements into the projects improvement plans prior to approval of the improvement plan or final map, whichever comes first. 40) The required public frontage and street improvements for Clement Avenue, Oak Street, Elm Street (Drive), and Blanding Avenue (Drive) shall dedicated to the City and designed and built in accordance with the "notebook" dated March 29, 2011 and as modified below. Unless waived or modified by the Public Works Director or his designee, street improvements shall include curbs, gutters, sidewalks, street trees, landscaping and irrigation, streetlights, etc. per the Tentative Map and as modified below: a) The sidewalk and curb ramps at the intersection of Elm Street and Clement Avenue shall have ADA accessible ramps in conformance with the Public Works Design Standards. This may affect the building locations and /or footprints. b) The sidewalk and curb ramps at the intersection of Blanding Avenue /Blanding Drive and Oak Street shall have ADA accessible ramps in conformance with the Public Works Standards. This may affect the building footprints. c) In accordance with the "Notebook" submitted by the developer dated March 29, 2011, Tab #19, the sidewalk along Oak Street shall be five (5) feet wide and the required street trees shall be planted behind the sidewalk in an easement. The tree species shall be consistent with the Street Tree Master Plan. CC &R's shall be recorded that include a statement that these trees are considered street trees and may not be removed by the property owner without a permit approved by the Public Works Director or his designee. d) In accordance with the "Notebook" submitted by the developer dated March 29, 2011, Tab #19, the sidewalk along Clement Avenue shall be six (6) feet wide and the required street trees shall be planted behind the sidewalk in an easement or tree well provided that ADA clearance requirements are met. The tree species shall be consistent with the Street Tree Master Plan. CC &R's shall be recorded that include a statement that these trees are considered street trees and may not be removed by the property owner without a permit approved by the Public Works Director or his designee. e) The required curb -to -curb width for Oak Street shall be 34 feet; however, if during the review of Improvement Plans it becomes necessary to keep the existing retaining wall for engineering reasons, the Public Works Director or his designee, at his sole discretion, may determine that a 32 feet curb -to -curb width is acceptable. f) Adequate turning radii shall be provided at the public street intersections at Oak/Blanding, Oak/Clement, Clement /Elm, and Elm /Blanding to ensure that delivery trucks solid waste /recycling collection vehicles and single unit trucks will not encroach onto opposing lanes when making turns. g) Dedicate right of way and construct improvements at the northwest corner of Oak Street and Clement Avenue to accommodate ADA compliant sidewalk and curb returns per the Public Works Design Standards, a six (6) inch wide curb, sufficient area as determined by the Public Works Director or his designee for future signal equipment, and turning radius sufficient to accommodate delivery trucks and small trucks (WB 40). This may require the relocation of existing power pole(s). h) Blanding Avenue (Drive) within the project boundaries shall be built to the Public Works Design Standards unless specifically prohibited by the 2010 Settlement Agreement. This includes adequate sidewalk with planting strip that could accommodate ADA compliant sidewalk and tree species consistent with the Street Tree Master Plan. i) Elm Street (Drive) within the project boundaries shall be built to the Public Works Design Standards unless specifically prohibited by the 2010 Settlement Agreement. This includes adequate sidewalk with planting strip that could accommodate ADA compliant access and tree species consistent with the Street Tree Master Plan. The design of Elm Street shall ensure that the general public perceives the street as a public street and does not perceive the street to be a private drive. The final design of the street shall be subject to the review and approval of the Public Works Director or his designee. j) On street parking shall be clearly identified as public parking to the satisfaction of the Public Works Director or his designee. 41) All new utilities shall be placed underground prior to issuance of any occupancy permit, including a temporary occupancy permit. In addition, all existing utilities within the project site area (APN 071 - 0289 -005 and APN 071 - 0290 -001) shall be placed underground in accordance with the AMC, prior to acceptance of the project. 42) Applicant /developer shall resurface the existing street pavement whenever a street is cut, either by a longitudinal or transverse cut, for utility or other improvement installations so the street is restored to pre - project conditions. The resurfacing shall extend a sufficient distance beyond any cut to ensure a smooth transition and shall consist of either a one and a half (11/2) inch asphalt concrete overlay, or petromat with a minimum one inch asphalt concrete overlay, depending upon the extent of the proposed pavement cuts and the condition of the existing pavement section, as determined by the Public Works Director or his designee. Applicant /developer shall also provide digouts and reconstruction of any potholed and /or alligatored areas adjacent to the project. 43) Any retaining walls, which are adjacent to a property line, shall be masonry, metal, or concrete. Wood retaining walls shall not be installed adjacent to property lines. 44) Existing retaining walls are to be evaluated by a geotechnical /structural engineer for integrity. The engineer is to provide design criteria and recommendations for all retaining structures. The applicant /developer will include the engineer's recommended improvements into the projects improvement plans prior to prior to approval of the improvement plan or final map, whichever comes first. 45) 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 or his designee or his designee prior to approval of the improvement plans or final map, whichever comes first unless specifically prohibited by the Settlement Agreement. 46) Unless an alternative deadline is mutually agreed to by the Public Works Director or his designee and the applicant /developer, the applicant /developer shall resurface half the width (i.e. from the centerline to the edge of the curb) of Oak Street prior to final inspection of the final housing unit facing Oak Street. 47) Prior to final inspection of the final housing unit facing Clement Street the applicant shall resurface Clement Street from the edge of curb to the edge of the closest rail in the existing rail lines in the center of the street. 48) Exposed soil surfaces shall be periodically sprinkled to retard dust. During construction, the applicant /developer shall ensure that construction crews undertake a program of dust control including, but not limited to, watering soil surfaces as needed to prevent dust blowing, covering trucks carrying materials to and from the site, and frequent clean -up of soil carried by construction vehicle tires from the site onto streets. No City water shall be used for this purpose. 49) All project related grading, trenching, backfilling, and compaction shall be conducted in accordance with City of Alameda Standards and Specifications. 50) Hydroseeding of all disturbed areas shall be completed by October. Applicant /developer shall provide sufficient maintenance and irrigation to ensure growth is established by November. 51) Construction activities are restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday, unless a permit is first secured from the City Manager or designee in accordance with AMC requirements. 52) Construction equipment must have state of the art muffler systems as required by current law. Muffler systems shall be properly maintained. 53) Noisy stationary construction equipment, such as compressors, shall be placed away from developed areas off -site and /or provided with acoustical shielding. 54) Grading and construction equipment shall be shut down when not in use. 55) During non - working hours, open trenches shall be provided with appropriate signage, flashers, and barricades approved by the Public Works Director or his designee to warn oncoming motorists, bicyclists, and pedestrians of potential safety concerns. 56) Prior to trenching within existing street areas, the applicant's engineer shall ascertain the location of all underground utility systems and shall design any proposed subsurface utility extensions to avoid disrupting the services of such system. 57) New street trees shall maintain clearances from utilities as follow: 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). 58) Approved 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). These devices must be tested by an AWWA certified tester from a list of testers provided by EBMUD. 59) Costs for inspection by the Public Works construction inspectors during non- working hours shall be at time and one half. Work on Saturday's requiring inspection shall not be done unless approved in advance by the Public Works Director or his designee. No work allowed on Sundays. Any work done without inspection may be rejected at the contractor's expense. 60) Prior to issuance of Final Map, the applicant /developer shall establish a funding mechanism acceptable to the Public Works Director or his designee or his designee, such as an assessment district, a landscape and lighting district, or Homeowners Association to provide funding for the maintenance of the following improvements: a) The public streets including infrastructure elements within the public streets. b) The private streets including infrastructure elements within the private streets. The funding mechanism shall not require public maintenance of these private facilities. c) All landscaping and irrigation improvements within private and public streets including curbside landscape strips and street trees. d) All lighting and associated infrastructure on public and private streets. e) All open space or shoreline parks, including any shoreline parking. Storm water, Wastewater and Water 61) 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 prior to discharge to storm drain systems. Demolition and grading permits may be issued prior to EBMUD permit approvals for the water and sewer connections. 62) The construction improvement plans shall incorporate permanent storm water treatment controls and /or design techniques to manage the quantity and quality of storm water runoff from a planned development to prevent and minimize impacts to water quality. Efforts shall be taken to minimize impervious surface areas, especially directly connected impervious surface areas. Roof drains shall discharge and drain to an unpaved area wherever practicable. Design techniques may include vegetated swales, vegetated buffer zones, bioretention units, retention /detention basins and ponds, tree well systems, and the incorporation of pervious surface areas and Low Impact Development (LID) measures. Storm water treatment measures shall be constructed consistent with the latest version of the Alameda Countywide Clean water Programs Provision C3 Technical Guidance Manual. Applicants may also refer to the Bay Area Storm water Management Agencies Association (BASMAA) Start at the Source Manual for technical guidance. 63) The 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 storm water pollution. Consideration shall be given to pest - resistant landscaping and design features and the use of integrated pest management (IPM) principles and techniques. Where feasible, landscaping shall be designed and operated to treat storm water runoff. 64) Water Quality Protections: The project applicant shall implement the following Best Management Practices (BMPs) during construction: a) Install silt fencing, straw wattles or other appropriate erosion and sediment control methods or devices to prevent sediment from the upland portion of the site from entering the Estuary as a result of project activities. b) Operate equipment (e.g., backhoes and cranes) that is used for removal or installation of fill and rip -rap along the inner harbor tidal channel shoreline from dry land, where possible. Construction operations within the Oakland Estuary can also be barge- mounted or utilize other water -based equipment such as scows, derrick barges and tugs. c) Prevent any fueling activity from occurring within 50 feet of the Oakland Estuary. d) Where applicable, implement BMPs listed under Mitigation Measure 4.F -4 to avoid impacts to water quality resulting from dredging or other activities within open waters, as identified in the Long -term Management Strategy for the Placement of Dredged Material in the San Francisco Bay Region (LTMS) (Corps, 2001). e) Test all materials proposed for excavation and dredging for the possible presence of contaminants. Construction practices shall be designed in coordination with the Corps, RWQCB, and other applicable agencies, to minimize the dispersion of contaminants into the water column and ensure proper disposal of contaminated materials. 65) The applicant /developer shall submit a plan showing storm water treatment measure(s) required to be constructed to meet the hydraulic sizing design criteria indicated in the C.3.d provisions of the City of Alameda's municipal NPDES storm water permit as part of the improvement plans for the project. As part of the final improvement plan submittal, the applicant /developer shall submit a stamped, signed certification from a qualified independent civil engineer with storm water treatment facility design experience, licensed in the State of California, and acceptable to the Public Works Director or designee that indicates the treatment measure design meets the established sizing design criteria for storm water treatment measures prior to approval of the improvements plans, final map, or grading permit, whichever comes first. 66) The applicant /developer shall submit a Storm water Treatment Measures Operations and Maintenance (O &M) Plan as part of the improvement plans for the project. 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. The O &M Plan shall be reviewed and approved by the Public Works Director or his designee prior to approval of the improvements plans, final map, or grading permit, whichever comes first. 67) The applicant /developer shall submit a Storm water Treatment Measures Maintenance Agreement (Agreement) as part of the improvement plans for the project. The Agreement shall include, but not be limited to: the approved O &M plan for all post- construction (permanent) storm water treatment measures; identification of the party responsible for storm water treatment measures O &M; an instrument of financial assurance, in an amount and form acceptable to the City, from the party responsible for storm water 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. The Agreement be executed between the project owner and the City and recorded, prior to approval of the improvements plans, final map, or grading permit, whichever comes first. The Agreement shall also be recorded at Project Owner's expense, with the County Recorder's Office of the County of Alameda as part of recordation of the final map. 68) The applicant /developer shall submit a certification report (Report) prepared by a registered civil engineer, licensed in the State of California, affirming that all project site storm water treatment measures have been constructed per the City 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. The Report shall be submitted in a form acceptable to the Public Works Director or his designee, whose acceptance will not be unreasonably withheld, prior to the issuance of any occupancy permit, including a temporary occupancy permit. 69) The applicant /developer shall submit a completed City of Alameda Impervious Surface Form to the Public Works Department for review prior to approval of the improvements plans, final map, or grading permit, whichever comes first. The form shall include a table showing the amount of pervious and impervious area (indicated in units of square feet) prior to and after the proposed development. 70) Fire sprinkler system test water discharges shall be directed to onsite vegetated areas. 71) The applicant /developer shall submit, in digital format, a Notice of Intent (NOI) form to the California State Water Resources Control Board (SWRCB)'s SMARTS website, indicating the intent to comply with all requirements of the SWRCB Construction Activity Storm Water NPDES General Permit (Permit) and provide documentation to the Public Works Director or his designee prior to approval of a grading permit. 72) In compliance with the NOI submittal to the SWRCB, the applicant /developer of any project with a total disturbed area of one acre or greater shall submit a Storm Water Pollution Prevention Plan (SWPPP) as part of the improvement plan submittal. The SWPPP shall be reviewed and accepted by the Public Works Director or designee for conformance with the City's erosion and sediment control standards. Upon City's acceptance of the plan, applicant /developer shall submit, in digital format, the SWPPP and other required permit registration documents to the SWRCB's SMARTS website and provide the Public Works Director or his designee with documentation of the submittal prior to approval of a grading permit. 73) In compliance with the SWPPP, the applicant /developer of any project with a total disturbed area of one acre or greater shall be responsible for ensuring that all contractors and sub - contractors install and regularly maintain all control measure elements required in the project SWPPP s during any construction activities. 74) The applicant /developer of any construction project resulting in the potential for soils, construction materials and fluids, waste, and trash to blow or wash into a storm drain, gutter or street shall be responsible for ensuring that during any construction activity all contractors and sub - contractors install and regularly maintain erosion control measures and perform Best Management Practices (BMP), as described in the Alameda Countywide Clean Water Program brochures the San Francisco Bay Regional Water Quality Control Board's Erosion and Sediment Control Field Manual and the California Storm water Quality Association's Storm water Best Management Practice, to prevent any pollutants entering directly or indirectly the storm water system. The applicant /developer shall pay for any required cleanup, testing, and City administrative costs resulting from consequence of construction materials entering the storm water system. 75) All new storm drain inlets shall be clearly marked with the words No Dumping! Drains to Bay," or equivalent, as approved by the Public Works Director or his designee. 76) Design of all external enclosures for solid waste, recycling and organics shall be approved by the Public Works Director or his designee prior to approval of the improvements plans, final map(s), or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director or his designee prior to establishment of the use. 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. Traffic and Transportation 77) The applicant /developer shall provide a traffic circulation and access analysis prepared by a registered traffic engineer to ensure that the planned internal circulation system adequately provides for automobile queuing, distances between intersections, commercial vehicle access (utility and garbage truck), and pedestrian and bicycle visibility and access. The scope of the work for this analysis shall be approved by the Public Works Director or his designee. Based upon the findings of the traffic circulation and access analysis, 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 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 or his designee prior to approval of the improvements plans or final map, whichever comes first. Plan shall include a STOP Controls with appropriate striping and signing for the northbound approach (south leg) and the eastbound approach (west leg) of the Oak Street at Blanding Avenue /Blanding Drive intersection. 78) For any off - street parking facilities associated with the subdivision, the applicant /developer shall submit the improvement plans to the Community Development Department and Pubic 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 or his designee 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 final map, whichever comes first. 79) 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 vehicular, transit, bicyclist, and pedestrian access through and /or adjacent to the project site shall remain unobstructed during project construction or an ADA compliant alternative route established as approved by the Public Works Director or his designee. At locations where adequate alternate access cannot be provided, appropriate signs and barricades shall be installed at locations determined by the Public Works Director or his designee and Police Chief. Should transit routes be affected, applicant /developer is required to receive prior approval from AC Transit of any proposed traffic detours or temporary closure of bus stops. Constructed work may not commence until the TCP is approved by the Public Works Director or his designee. so) The TCP shall also include: a) A set of comprehensive traffic control measures shall be developed, including scheduling of major truck trips and deliveries to avoid peak traffic hours, detour signs if required, lane closure procedures, signs, cones for drivers, and designated construction access routes. b) Haul routes for movement of construction vehicles that would minimize impacts on motor vehicle, bicycle, and pedestrian traffic, circulation, and safety, and specifically to minimize impacts to the greatest extent possible on streets in the project area. The haul routes shall be approved by the City. c) Notification procedures for adjacent property owners and public safety personnel regarding when major deliveries, detours, and lane closures would occur. d) Monitoring surface streets used for haul routes so that any damage and debris attributable to the haul trucks can be identified and corrected by the project applicant 81) Pedestrian and vehicular lighting at all intersections and project driveways shall meet AMP standards for crosswalks, sidewalks, and intersections. 82) Applicant /developer shall replace any damaged curb, gutter, and sidewalk along street frontages to the satisfaction of the Public Works Director or his designee, in accordance with the Public Works Department's Standard Plans and Specifications prior to acceptance of the project. 83) Prior to the final inspection or Certificate of Occupancy for the 101St housing unit, the project applicant shall restripe the Blanding Avenue approaches (eastbound and westbound) at Park Street to provide left turn pockets, modify the traffic signal to be fully actuated, provide protected left -turn phasing, modify the traffic control at the private driveway of the Waters Edge Nursing Home to stop -sign control, include audible pedestrian push buttons and pedestrian count down heads, and optimize the signal timing to improve the flow of traffic without causing a significant impact to pedestrian or transit level of service. Applicant shall provide improvement plan for DPW review and approval and complete the improvement prior to occupancy of the final 100th housing unit. 84) Prior to approval of the first final subdivision map for the property or any portion of the property covered by Final Map, the applicant shall fund a fair share contribution to restriping Park Street between Buena Vista and Blanding Avenues in the amount of $11,300 to accommodate transit queue jump lanes, and modify the traffic signals and signal timing at the Park Street intersections at Blanding, Clement, and Buena Vista Avenues. 85) Prior to issuance of the final inspection or certificate of occupancy for the first (1st) residential unit, the project applicant shall put into place a City- approved Transportation Demand Management program with the goal of reducing the number of peak hour trips by 10 percent that shall include: a) A Home Owners Association (HOA) and CCRs for the project; b) Assess the HOA an annual fee in an amount necessary to provide the following strategies: c) EasyPass program (unlimited transit pass, usable on AC Transit buses), two passes per unit, additional passes per unit for residents may be purchased at cost; d) Bicycle facilities in each unit; e) One car -share membership per residential unit; and f) Annual funding for transportation coordination services including, but not limited to, promotional information packages and planning services regarding available transportation options, and annual monitoring reports to City regarding effectiveness of programs and recommended enhancements to meet 10% reduction goal. g) The HOA must provide monitoring reports with any recommendations to revise program to improve trip reductions. HOA will provide annual monitoring reports to the City. Environmental 86) If enclosures are proposed, design of all external enclosures for solid waste, recycling, and organics shall be approved by the Public Works Director or his designee prior to approval of the improvements plans, final map(s), or the building permit, whichever comes first. If no building permit is required, the plans must be approved by the Public Works Director or his designee prior to establishment of the use. 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 or his designee. 87) Prior to issuance of a grading, demolition, or building permit, whichever comes first, developer is required to obtain a construction and demolition permit approved by the Public Works Director or his designee in accordance with AMC Section 21 -24. If the site is subject to regulatory mandated remediation, the developer must submit a stamped, signed certification from a Civil Engineer registered in the State of California for any hazardous waste treatment prior to remediation and approval of the treatment plan by the lead regulatory agency that confirms treatment measures meet the established regulatory criteria. If material is to be offhauled, prior to offhauling, the developer shall submit a completed construction hazardous waste management plan and recycling report to Public Works. The developer will be subject to an impact mitigation fee for offhauling any material. All offhauled material is subject to compliance with the regulatory mandates. 88) During the construction /demolition /renovation period of the project, developer shall use the City's franchised hauler or city approved permittee to remove all wastes generated during the project development unless otherwise approved. If the soil is to be surcharged, prior to offhauling the surcharge material, the developer shall submit a completed construction surcharge management plan and recycling report to Public Works for approval. The plan should include the name of the hauler and the final destination of the material. The developer will be subject to an impact mitigation fee for hauling and offhauling the materials. 89) A 40 -foot turning radius must be provided for any street that would otherwise require the collection truck to back up a distance greater than 150 feet. Although not required, construction of a concrete pad just outside each solid waste enclosure is recommended in order to accommodate the truck weight while servicing the dumpster. 90) Exterior solid waste and recyclable material storage shall be adjacent or combined and may only be located on the outside of a structure, in a designated interior courtyard with appropriate access, or in rear or side yards. External storage area(s) shall not be located in any required front yard, street side yard, required parking, landscaped, or open space, or any areas required by the AMC to be maintained as unencumbered. 91) 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. 92) Individual bins and containers provided shall be adequate in capacity, number and distribution to serve the anticipated demand as determined by the Public Works Director or his designee. 93) 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 or emptied. OPEN SPACE /PARKS /PUBLIC RECREATION AREA 94) Prior to approval of the Final Map or subdivision improvement plans, whichever comes first, the developer shall conduct a detailed seismic, geologic, and structural analysis and prepare a written report of the findings for the existing shoreline embankments, including walls, slope stabilizations, and all other associated existing structures. The report shall be acceptable to the Public Works Director or his designee and shall not be deemed complete by the City until such time as the Bay Conservation and Development Commission (BCDC) and Corps of Engineers and any other applicable regional agency with jurisdiction has approved and permitted the proposed improvements. All recommendations from the study shall be included in the subdivision improvements plans submitted to the Public Works Department for approval. In addition, the recommendations from the study shall be included in any improvements plans submitted for building or grading permits and subject to approval by the Public Work Director. The analysis /report shall: • Be performed and wet stamped by California licensed geotechnical and structural engineers. • Identify all necessary repairs, retrofits, improvements, or replacements of the existing waterside improvements /structures required to ensure that the improvements /structures can support the proposed public park and park access improvements along the estuary under a credible seismic event. • Evaluate all waterside infrastructure improvements required and approved by the City of Alameda in the tentative map approvals and all improvements required and approved by BCDC. • Identify the associated construction costs for any repair, retrofit, improvement, or replacement of the waterside improvements /structures, as well as the ongoing maintenance and repairs costs for all waterside improvements /structures. Should the analysis conclude that the existing waterside improvements /structures cannot support the proposed park and park access improvements, due to technical, regulatory, or financial infeasibility, the study shall provide alternatives to ensure there are no reductions in the proposed public park and park access improvements along the Estuary. ALAMEDA MUNICIPAL POWER (AMP) 95) Concurrent with submittal of Improvement Plans, the Applicant shall coordinate with the AMP regarding power requirements. 96) The Applicant shall provide all necessary on -site underground substructures, including conduits, pull boxes, transformer 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. The Applicant shall be reimbursed for improvements pursuant to the standard AMP agreement. 97) The Applicant shall furnish and install code -sized service cables in code -sized conduit from each house to the nearest secondary pullbox. AMP will connect the service to the secondary distribution system. 98) The Final Map shall show all necessary easements and access to all electrical utility facilities that are in the private properties, at no charge to AMP. 99) Prior to issuance of Certificate of Occupancy, the Applicant shall furnish and install service equipment for each house. The service equipment shall meet Electric Utility Service Equipment Requirement Committee standards. 100) 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 and found to have been properly installed. The Applicant or successor property owners shall be responsible for the service cables and service equipment. 101) The Applicant /developer shall be responsible for all expenses involved in the on -site duct /joint trench system including engineering design, plan check, and electrical construction inspection. The Applicant shall be responsible for the cost of AMP assigned inspector during construction 102) The Applicant /developer shall submit, with the on -site improvement plans, detailed drawings showing the required on -site electric utility facilities. ALAMEDA FIRE DEPARTMENT 103) Prior to approval of the Final Map by City Council, the Applicant shall submit improvement plans for the project site Fire Water System. The system shall be designed to the satisfaction of EBMUD. The Applicant shall be responsible for the placement of on -site hydrants. The location and number of hydrants shall be established in improvements plans. The fire flow for the development shall be 3000 G.P.M. from any two hydrants with a minimum flow of 1250 G.P.M. from any one hydrant flowing simultaneously for a duration of 30 minutes. Placement shall be shown on the improvement plans and shall be to the satisfaction EBMUD, the City Fire Chief and the City Engineer. 104) The improvement plans and building permit plans shall include fire sprinkler systems within each residential unit including the garage and attic spaces. 105) Prior to approval of the Final Map, the Applicant shall provide adequate turn around space and adequate lane width for through access for all interior streets and alleys to the satisfaction of the Fire Chief and the City Engineer. 106) Prior to approval of the Final Map, the applicant shall, to the satisfaction o the Fire Chief and City Engineer, design each street and /or alley to handle the maximum weight of the heaviest equipment that may be used by the Fire Department for emergency purposes. Parking shall be prohibited within the streets and alleys dedicated as fire lanes by the Fire Chief, and the CC &R's shall include an enforcement mechanism. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision or any final action on any appeal, plus extensions authorized by California Code of Civil Procedure Section 1094.6. 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 other exactions. You are hereby further notified that the 90 day appeal period in which you may protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun. If you fail to file a protest within this 90 -day period complying with all the requirements of Section 66020, you 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 19th day of July, 2011, by the following vote to wit: AYES: NOES: ABSENT: Councilmembers Bonta, deHaan, Johnson, Tam and Mayor Gilmore — 5. None. None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this 20th day of July, 2011. Lara Weisiger, City Clerk City of Alameda