Resolution 14063CITY OF ALAMEDA RESOLUTION NO. 14063
APPROVING TENTATIVE MAP, TM05 -0002, FOR PROPERTY
LOCATED BETWEEN GRAND STREET, FORTMANN WAY, AND THE
OAKLAND ESTUARY
WHEREAS, an application was made on November 22, 2005 by
Warmington Homes California requesting a Tentative Map, TM05 -002, for a
proposed development consisting of 40 detached residential units plus two
mini -park sites, associated streets and alleys, visitor parking, and open space
on 4.72 acres at the northwest corner of Grand Street and Fortmann Way; and
WHEREAS, the potential environmental effects of the proposed
subdivision have been evaluated and mitigations adopted to mitigate all
potentially significant impacts of the subdivision on the environment; and
WHEREAS, the proposed subdivision as conditioned is consistent with
the MX, Mixed Use Planned Development District and would implement the
Master Plan project site; and
WHEREAS, the medium density residential development and
accompanying open space and improvements included within the proposal are
consistent with the Specified Mix Use General Plan designation and the
requirements of the MX, Mixed Use Planned Development District; and
WHEREAS, on October 23, 2006, the Planning Board of the City of
Alameda recommended that the City Council approve Tentative Map TM05-
0002 with conditions; and
WHEREAS, the City Council has made the following finding:
1. The City Council has been advised that subject to meeting City
standards and requirements, the proposed General Plan Amendment would
substantially conform to the adopted Community Improvement Plans (CIP) for
the Business and Waterfront Improvement Project (BWIP), as proposed to be
amended, and the General Plan policies incorporated by reference within the
CIPs; and
WHEREAS, the City Council held a public hearing on this application on
November 14, 2006, and examined pertinent maps, drawings, and documents;
and
WHEREAS, the City Council made the following findings:
1. The design of the proposed subdivision is consistent with the General
Plan and the Business and Waterfront Improvement Project of the Community
Improvement Plan which specify medium density residential and public open
space use for this site as part of a Specified Mixed Use designation.
2. The Tentative Map is in substantial conformance with the land uses,
street sections, development regulations, parking standards, and park and
open space guidelines established in the Master Plan.
3. The site is physically suitable for the proposed residential and open
space project. All existing structures relating to the former use will be removed.
The site will be graded to accommodate the proposal, and is located adjacent
to existing infrastructure that has the capacity to accommodate the proposal.
4. The site is physically suitable for the proposed density of development.
The residential density is consistent with the density range established by the
General Plan and the Business and Waterfront Improvement Project of the
Community Improvement Plan and less than the maximum density of one
dwelling unit per 2,000 square feet of parcel area.
5. The design of the subdivision and proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. A Mitigated Negative Declaration has been prepared
which evaluated the environmental impacts of the Project and the Master Plan,
and which found that all potentially significant impacts could be mitigated to a
less than significant level by implementing the mitigation measures established
in the Mitigated Negative Declaration.
6. The design of the subdivision or improvement will not conflict with
easements acquired by the public at large for access through or use of property
within the proposed subdivision. The project would include public right -of -way
that would enhance public access through the subject property, and all existing
easements would be preserved or relocated.
7. The design of the subdivision or the type of improvements will not cause
serious public health problems. The proposal is for residential and open space
uses at the site.
8. The proposed and existing land uses are suitable in relationship to each
other.
9. By complying with the Master Plan, the design of improvements on the
land subject to the Tentative Map will be of high quality.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Alameda hereby recommends that the City Council approve Tentative Map,
TM- 05 -02, subject to the following conditions.
GENERAL
1. The Tentative Map shall not be in force and effect unless and until the
following have been approved by the City Council and are in effect:
a) Grand Marina Mitigated Negative Declaration,
b) General Plan Amendment GPA 05 -02;
c) Rezoning R05 -04; and
d) Master Plan MP05 -01.
2. All maps filed pursuant to this approval shall be in substantial compliance
with the map titled, "Tentative Map Tract 7723, Grand Marina Village"
prepared by CBG dated September 27, 2006, consisting of 3 pages, marked
Exhibit A, and on file in the office of the Alameda City Planning and Building
Department.
3. The Tentative Map shall comply with the Public Works Department general
development standards contained in the Alameda Municipal Code, as well
as those general standards described in this Resolution. Where the
conditions do not specify, the applicable Alameda Municipal Code standards
shall apply.
4. The applicant shall be responsible for maintaining and periodically filing a
Mitigation Monitoring and Reporting Program to demonstrate compliance
with all project mitigations.
5. The Applicant shall comply with the approved Project Master Plan, MP 05-
01, as approved by City Council Resolution.
6. The Applicant shall pay for and construct all improvements to private land
and implement any condition /mitigation applicable to private land.
7. The Applicant shall pay for street lighting installation along the west side of
Grand Street frontage as necessary to conform with AP &T street
illumination levels and any lighting on the east side of Grand Street if the
lighting is staggered.
TENTATIVE & FINAL MAPS
8. The Final Map shall be in substantial compliance with the Tentative Map
and shall incorporate Alameda Datum.
9. Prior to the recordation of the Final Map, all applicable conditions of
approval of the approved Tentative Map, as revised or amended, and
Development Plan pertaining to subdivision improvements, shall be
satisfied.
HOLD HARMLESS
10. In the event of any legal action instituted by a third party challenging the
validity of any provision of this Tentative Map, the procedures leading to its
adoption, or the issuance of Project Approvals (including the Subsequent
Approvals) for the Project, Applicant and City each shall have the right, in its
sole discretion, to elect whether or not to defend such action, to select its
own counsel (and pay for such counsel at its own expense), and to control
its participation and conduct in the litigation in all respects permitted by law.
If both Parties elect to defend, the Parties hereby agree to affirmatively
cooperate in defending said action and to execute a joint defense and
confidentiality agreement in order to share and protect information, under
the joint defense privilege recognized under applicable law. As part of the
cooperation in defending an action, City and Applicant shall coordinate their
defense in order to make the most efficient use of legal counsel and to
share and protect information. Applicant and city shall each have sole
discretion to terminate its defense at any time. City retains the option to
select and employ independent defense counsel at its own expense. It, in
the exercise of its sole discretion, Applicant agrees to pay for defense
counsel for City, Applicant shall jointly participate in the selection of such
counsel. Notwithstanding the provisions of California Government Code
Section 66474.9, City shall not require, as a condition for a Tentative Map
application or approval, or any other applications for Project approvals, that
Applicant defend, indemnify or hold harmless the City from any claim, action
or proceeding against the City to attack, set aside, void or annul a City
approval concerning a subdivision.
MAINTENANCE
11. Prior to approval of the Final Map by City Council, the Applicant shall
establish a funding mechanism acceptable to the Public Works Director,
such as a Homeowners Association, to provide on -going funding for the
maintenance of all private streets and utilities, alleys and Alaska Packer
Place, including but not limited to sewers, storm drainage, NPDES
requirements, sidewalk, lighting, curb and gutter and landscaping; curb and
gutter, sidewalk, lighting, and landscaping along the north side of Fortmann
Way and the west side of Grand Street; all improvements in the common
areas including but not limited to landscaping, lighting and walkways; all
parking lots improvements; all BCDC required amenities along the
shoreline; and the two new triangular parks. Site improvements and
demolition may commence prior to the approval of the funding mechanism.
SOILS REPORT
12. Prior to submission of the Final Map, the Applicant shall submit site specific
geotechnical soil and foundation studies, reports, and recommendations
from a licensed geotechnical engineer addressing the underlying soils,
future subsidence, consolidation, liquefaction, seismic safety, water table,
marsh crust, salt water backflow, bank stabilization and erosion protection
throughout the tract and perimeter lands, and foundations of structures. The
improvement plans shall incorporate the recommendations of the
geotechnical engineer and the engineer will be required to review and
approve the plans to verify that all appropriate recommendations have been
included in the plans. The reports shall be filed with the City Engineer, in
conjunction with the Improvement Plans. The Applicant shall submit
supplemental soils reports, as necessary, to clarify localized soil conditions
and requirements for each phase of construction. The soils engineer will
review and certify that all field work including, but not limited to, excavation,
shoring and trenching meet the approved plans.
Prior to submission of the Final Map, the Applicant shall submit site
assessment reports for hazardous materials, site soils and, if required by a
third party regulatory agency, site ground water. The reports shall be
prepared by a licensed professional in the applicable field of the analysis.
The improvements plans shall incorporate the recommendations of the
licensed professional and the professional will be required to review and
approve the plans to verify that all appropriate recommendations have been
included in the plans. In addition, the licensed professional shall review
and certify that all field work meet the approved plans.
IMPROVEMENT PLANS
13. Prior to the approval of the Final Map by City Council the Applicant shall
submit engineered Improvement Plans including, but not limited to, the
proposed streets, curbs, gutters, lighting, parking, BCDC amenities, signing
and striping, erosion control measures, traffic control devices and
improvements, driveway approach at the entrance to Alaska Packer Place,
soil improvements, surface drainage, utilities, retaining walls and other
structures, sanitary sewers and storm drains, common area landscaping
and irrigation and other subdivision improvements consistent with the
requirements and to the satisfaction of the City Engineer and the Planning
and Building Director.
GRADING /DRAINAGE
14. Prior to the approval of the Final Map by City Council a detailed grading plan
with appropriate erosion control measures shall be required for the
subdivision. The grading plan shall show all adjacent properties sufficient to
assure that the proposed grading does not impact adjacent lands and shall
incorporate drainage features necessary to assure continued drainage from
adjacent properties. The grading plan shall meet all Regional Water Quality
Control Board (RWQCB) requirements. The grading plan shall minimize the
need for off haul from the Project site. The grading plan shall incorporate all
elements of the soils report. The grading plan shall be prepared to the
satisfaction of the City Engineer, meet RWQCB requirements and shall
address all drainage issues raised by the Storm Drain Analysis, including
but not limited to issues identified for Drainage Area D and Drainage Area A
as identified in the C.3 Storm Water Analysis Report.
STORM DRAINS AND SANITARY SEWERS
15. The storm drain system shall be designed to meet the City of Alameda
design standards. Since the project is tying into existing storm drainage
facilities, calculations must be provided to conclude that the existing
facilities have adequate capacity and sufficient slope to handle the increase
flows resulting from the project to the satisfaction of the City Engineer.
16. Project shall maintain all on -site sewers including those in private streets.
17. The sanitary sewer system shall be designed to meet the City of Alameda
design standards. Since the project is tying into existing sewer facilities,
calculations must be provided to conclude that the existing facilities have
adequate capacity and sufficient slope to handle the increase flows resulting
from the project to the satisfaction of the City Engineer. Final lot plot
grading plans shall be submitted and approved for each individual lot prior
to issuance of a building permit for that lot.
18. Final lot drainage shall be designed to provide a minimum of one percent
(1 %) slope after settlement if future settlement/consolidation is predicted to
the satisfaction of the City Engineer.
19. No drainage across any lot line other than onto streets or common areas
shall be permitted unless allowed by easement or CC &R's and approved by
the City Engineer.
20. Minimum gutter grades shall be 0.4 percent and 0.6 percent around curb
returns at intersections.
URBAN RUNOFF
21. The improvement plans shall include and meet all requirements of the
Alameda Countywide Clean Water Program and be to the satisfaction of the
City Engineer.
22. The improvement plans shall be designed to the satisfaction of the City
Engineer to reduce to the Maximum Extent Practical (MEP) runoff pollutants
from entering the storm drain system from all streets, alleys, open spaces
and parking areas as required by the RWQCB. Where required by RWQCB,
catch basins shall include cartridge type filter inserts or mechanism to
minimize run -off pollution to the satisfaction of the RWQCB. Specific lot
designs approved by development plans and design review shall also
incorporate these provisions. (See item 98 below for O &M requirements)
23. Costs for obtaining C3 certification shall be borne by the Applicant.
24. In conjunction with submittal of grading plans, the Applicant shall file a
Notice of Intent for storm water discharge with the Regional Water Quality
Control Board. A copy of the filing shall be submitted to the City Engineer
as part of the required improvement plan for the site.
25. Prior to the issuance of a grading permit, approval of the improvement plans
or the recordation of the Final Map, the Applicant shall be responsible for
the preparation of a Storm Water Pollution and Prevention Plan (SWPPP)
and approval by the City of Alameda, ACFCWCD and RWQCB. The
drainage plan for the project must also meet the City's Urban Runoff
Guidelines. The SWPPP shall provide controls on the storage and handling
of toxic and hazardous materials, detention basins, and similar measures to
be employed during construction.
26. Prior to the granting of a certificate of occupancy, an operation and
maintenance (O &M) agreement for the plan and financial security shall be
prepared and submitted to the City for approval. The O &M plan shall
include: treatment type, location(s), of treatment measures, maintenance
requirements, maintenance schedule, assurances of party responsible for
O &M, and assurances of access to inspect and verify treatment system
O &M for the life of the project. The maintenance agreement shall be
recorded by the Property Owner among the deed records of the Alameda
County Recorder's Office. Additionally, and as terms of the above -
mentioned agreement, an O &M Plan and an annual inspection report for
storm water treatment measures shall be provided for review and approval .
by the City of Alameda Public Works Department Environmental Services
Division in compliance with the California Regional Water Quality Control
Board Order R2- 2003 -0021 NPDES Permit No. CAS00298313, Section
C3e. A bond, cashiers check, letter of credit or other approved instrument
shall be deposited with the City in the amount of twice the estimated annual
operations and maintenance cost.
TRAFFIC /STREET DESIGN /JOINT UTILITIES
27. The improvement plans shall include a signing and striping plan for all
improvements proposed by the development to be approved by the City
Engineer. All curbs, gutters, and sidewalks along Forman Way and Grand
Street shall be installed in accordance with City of Alameda standards,
except as provided in the approved Project Master Plan MP05 -01. Alley
curb cuts on Fortmann and Grand Street shall be shown on Improvement
Plans and designed to maximize space for on- street parking, street trees
and landscaping.
28. All sidewalks on Grand Street, Fortmann Way, Hibbard, and within the
BCDC public waterfront open space areas shall have a minimum of 5' width.
29. All street structural sections shall be designed per recommendations in the
soils report and to the satisfaction of the City Engineer.
30. At a minimum, stop signs and markings shall be installed at each privately
maintained roadway entrance onto a publicly maintained street and at the
beginning of Alaska Packer Place and at the end of Hibbard Street.
31. The improvement plan shall show residential driveways with a minimum
thickness of four (4) inches of concrete.
32. The improvement plan shall show joint trenches under sidewalks to include
telephone, electrical, communication, television, and gas lines. The trench
width and depth shall meet the standards of the utility companies and the
City Engineer.
33. Water lines shall be installed in accordance with the requirements of the
East Bay Municipal Utility District and to the satisfaction of the City
Engineer.
34. All existing overhead utilities along the frontage of the property and all new
utilities shall be placed and installed underground, except as required by
appropriate utility providers. Clearances between utility mains, sewers,
structures or other objects shall be to the satisfaction of the City Engineer.
35. Wheelchair ramps and truncated domes shall be required on sidewalks
where curb corners meet streets.
36. Wheel chair accessible parking stalls shall have a minimum width of 9'.
37. The number of handicap parking stalls shall comply with the parking ratio
requirements of the American with Disabilities Act (ADA).
38. Traffic control, regulatory, warning, guide signs and markings (including fire
hydrant pavement markers) shall be installed in conformance with the
Manual of Uniform Traffic Control Devices, as approved by the City
Engineer.
39. Prior to the approval of the Final Map by City Council, street names shall be
submitted and approved by the Planning and Building Director. Street
names shall generally be chosen from the Official Naming List for City
facilities and streets, in accordance with the City's adopted naming policy.
40. The Applicant shall be responsible for installation of all street signs within
the development and at major street intersections. Signs shall be in
accordance with the approved "Signing Plan" and the City Standards and
locations shall be to the satisfaction of the City Engineer.
41. On -site street and mini -park light spacing and illumination requirements,
design and installation, shall be provided by the Applicant and shall be to
the satisfaction of AP &T and the City Engineer and Planning and Building
Director.
42. Applicant shall provide at Applicant's expense, additional lighting at the tract
entrances. Ongoing costs for operations and maintenance shall be the
responsibility of the Homeowners Association (HOA). Design and
installation shall be reviewed and approved by City Engineer and Planning
and Building Director.
LANDSCAPING
43. Design of street and walkway tree plantings shall be in compliance with the
Project Master Plan MP 05 -01. The Applicant shall be responsible for the
design of all landscaped areas including common areas located along
Grand Street and Fortmann Way. A detailed tree planting and landscaping
plan shall be required for all privately maintained and public street areas,
common areas and planting strips along streets adjacent to the Project site.
These plans shall be prepared by a registered landscape architect to the
satisfaction of the City Engineer and the Planning and Building Director, and
shall be submitted in conjunction with the improvement plan. Clearances of
trees from street improvements and furnishings shall be as follows unless
otherwise approved by City Engineer:
a) Fire hydrants — 6 feet.
b) Driveways (top of wing) — 3 feet.
c) Stop signs or curb returns —15 feet.
d) Electroliers — 25 feet on near side as a vehicle approaches, and 25 feet
desirable on far side, but the far side distance may be reduced to 20
feet, if needed.
e) Sewer mains or laterals, gas lines (main and service), water, telephone,
communication and electrical mains — 5 feet.
f) Storm drains — 2 feet.
g) Street trees shall have curbed protection from street pavement.
44. Deep root barriers shall be required for all trees planted adjacent to curbs,
sidewalks and other pavements, to City standards and the satisfaction of the
City Engineer-
45. The curb planter strip along Grand Street shall not include trees, as the strip
lies above an existing 48" storm drain line.
46. Landscaping and irrigation shall be in accordance with Alameda Municipal
Code Section 30 -58 (Water Conservation /Landscaping).
47. All fencing barriers, street tree curb protection, and header boards shall be
designed and installed to the satisfaction of the City Engineer.
48. The Applicant shall post a subdivision improvement bond for landscape
improvements within the Project and a two year maintenance bond to
commerce when the landscaping has been installed and • accepted by the
City as substantially in compliance with approved landscape and
improvement plans.
PRIVATELY MAINTAINED OPEN SPACE, MINI -PARKS & STREETS
49. Prior to approval of the Final Map by City Council, the applicant shall
provide an agreement, to the satisfaction of the City Attorney, between the
Homeowners Association (HOA) and the City, whereby the HOA assumes
all responsibility for maintenance and liability of all private open space,
private mini -parks and private street improvements, alleys and Alaska
Packer Place, including but not limited to on site utilities, storm drainage,
sanitary sewer, sidewalk, lighting, curb and gutter and landscaping; curb
and gutter, sidewalk, lighting, and landscaping along the north side of
Forman Way and the west side of Grand Street; all improvements in the
common areas including but not limited to landscaping, lighting and
walkways; all parking lot improvements; and all BCDC required amenities
along the shoreline. The agreement shall include a management plan and a
weed abatement and maintenance plan for approval by the City Engineer
and implementation by the HOA.
50. The Applicant shall submit a separate agreement and financing such as
CC &Rs, bonds, landscape & lighting district or equivalent which will provide
for the perpetual operation and maintenance of all private improvements
including but not limited to private open space, private mini - parks, BCDC
requirements, and private street improvements, common area facilities
including entryways and private infrastructure not accepted for maintenance
by a public agency. The agreement shall be approved by the City Engineer.
51. In conjunction with recordation of the Final Map, the Applicant shall
simultaneously record public access, parking, and utility easements for all
streets, alleys, sidewalks, including Fortmann Way, Alaska Packer Place
and Hibbard Street and parking along the shoreline and the two triangular
mini parks as public access to the City of Alameda.
52. The improvement plan shall include appropriate landscaping and irrigation
for the two triangular mini -parks to the satisfaction of the Recreation and
Parks Department. The two parks shall be developed for recreation use
and include appropriate paths and seating areas, as generally depicted on
the Landscape Site Plan of the Master Plan approval (MP 05 -01).
53. The Applicant shall substantially complete the construction of the mini -parks
to the satisfaction of the City Engineer prior to the issuance of Certificate of
Occupancy of the first house adjacent to the mini -park within the residential
development.
SANITARY SEWERS AND STORM DRAINS
54. Prior to approval of the Final Map by City Council, the Applicant shall
complete the design and acquire other agency permits, if required, for all
on -site sanitary sewer and storm drain systems required for construction to
City standards and to the satisfaction of the City Engineer.
55. Curved sewer alignments shall not be permitted. Sewer mains shall be on a
straight run not to exceed 350 feet between manholes for 8" and 10" pipes,
and 450 feet for 12" pipes and larger.
56. Main sanitary sewer lines shall be a minimum 8" in diameter.
57. Public storm drain lines shall be a minimum of 12" in diameter.
58. The distance between storm drain manholes shall not exceed 350 feet.
59. Manholes shall be required at tract boundaries to differentiate public /private
facilities.
60. Two -way property clean -outs shall be installed at all house laterals.
61. Storm drains shall be designed to handle 10 -year storm flows at Mean High
Water and 100 -year flows at Mean Sea Level.
62. The Applicant shall be responsible for the cost of all City reviews and
inspections required for infrastructure.
63. Prior to recordation of any Final Map, the Applicant shall provide, at no cost
to the City, easements on all private properties necessary for the operation
and maintenance of the sanitary and storm drain systems. The Final Map
and /or the CC &Rs shall show all public and private easements and their
purpose.
64. Prior to approval of Improvement Plans, the Applicant shall obtain EBMUD
approval for connections to EBMUD facilities.
ALAMEDA POWER & TELECOMMUNICATION (AP &T)
65. Concurrent with submittal of Improvement Plans, the Applicant shall
coordinate with the AP &T regarding power requirements.
66. The Applicant shall provide all necessary on -site underground
substructures, including conduits, pull boxes, transformer pads, etc. per the
AP &T specifications. AP &T will require easements for all transformers,
primary and secondary boxes, and conduits. AP &T 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 AP &T agreement.
67. The Applicant shall furnish and install code -sized service cables in code -
sized conduit from each house to the nearest secondary pullbox. AP &T will
connect the service to the secondary distribution system.
68. 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
AP &T.
69. 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.
70. Concurrent with acceptance of work by City Council, the shall dedicate and
AP &T shall take over ownership and will be responsible for maintaining all
new substructures for undergrounding 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.
71. The Applicant 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 AP &T's assigned inspector during construction
72. The Applicant shall submit, with the on -site improvement plans, detailed
drawings showing the required on -site electric utility facilities.
EAST BAY MUNICIPAL UTILITES DISTRICT (EBMUD)
73. Prior to approval of improvement plans, the Applicant shall obtain EBMUD
approval of the proposed design and location of on -site water service lines
and meters.
74. Prior to the issuance of a building permit, the Applicant shall pay for all on-
site service connection fees and provide proof of payment to City.
75. In the event that EBMUD has provided Recycled Water to the project area
prior to submittal of the Development Plan, the Applicant —shall provide
service connections and meters for recycled water usage and shall provide
for future on -site extensions at locations to be determined by EBMUD and
the City Engineer.
76. All on -site facilities, backflow devices, and connections shall be designed
and constructed by the Applicant in accordance with standards specified by
EBMUD and the City Engineer.
ALAMEDA FIRE DEPARTMENT
77. 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.
78. The improvement plans and building permit plans shall include fire sprinkler
systems within each residential unit including the garage and attic spaces.
79. The Applicant shall provide adequate turn around space or through access
for any street greater than 150 feet in length to the satisfaction of the Fire
Chief and the City Engineer.
so. All roads shall have an adequate turning radius for fire apparatus (inside
turning radius of 28 feet).
81. The Applicant shall provide a grass paver or other vehicular surface
acceptable to the fire department and an emergency vehicle access (EVA)
easement from Fortmann Way through the western mini -park to allow fire
access to the alley between Lots 33 -36 and 37 -40.
82. All streets and courts within the development shall be marked as fire access
roads to the satisfaction of the Fire Chief. All roads shall be designed to
handle fire apparatus weight of up to 35,000 pounds per axle. Parking shall
be prohibited within the streets and alleys dedicated as fire lanes. CC &R's
shall include an enforcement mechanism.
EASEMENTS
83. The .Final Maps shall show all existing and proposed easements for street
and public use area and all utility corridors.
84. Prior to approval of the Final Map, the Applicant shall be required to grant all
utility easements required for orderly development. The easements shall be
in accordance with the request by each of the various utility companies and
by the City Engineer.
85. Open space parcels within the subdivision shall be restricted by non -
development, open space easements. The Applicant shall show these
easements on the Final Map.
86. The Applicant shall grant easements for all utilities on private Tots, prior to
approval of the Final Map. An easement shall be shown on the Final Map
where the service passes through one lot to serve the adjacent lot.
87. No encroachments into any public or private easement shall be permitted,
unless specifically approved by the City Engineer or the applicable utility.
This includes eaves, foundations, chimneys, etc. No masonry, wall or
permanent structures shall be permitted within any easement. CC &R's shall
include a restriction that the Homeowner is responsible for the cost of
removing and reinstalling or repairing any improvements including
landscaping and paving installed in the easement areas.
RESURFACING OF STREETS IN AREA
88. Applicant shall resurface the Western half of Grand Street from the northern
terminus of Grand Street to the centerline of Fortmann Street. The existing
surface shall be ground down a minimum of 2" and resurfaced with a
minimum of 2" of asphaltic concrete. The Applicant shall repave the
northern half of Fortmann Way along the entire length of the street and
western side of Alaska Packer Place between the edge of the existing
pavement and the concrete gutter. The existing pavement of Fortmann Way
and Alaska packer Way shall be sawcut before repaving. All repaved
sections shall be redesigned with the design procedure for Flexible
Pavement as set forth in Section 608.4 of the State of California Highway
Design Manual. Pavement structural section calculations shall be provided
based on R- values and recommendations contained within the geotechnical
report.
LOT NUMBERING AND ADDRESSING
89. 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.
MASTER PLAN
90. Prior to approval of the Final Map by City Council, all applicable conditions
of approval of Master Plan MP05 -01 pertaining to subdivision improvements
shall be satisfied. The subdivision shall be constructed to comply with
MP05 -01.
EFFECTIVE DATES
91. The Applicant shall record the Final Map within twenty -four months of
approval, or conditional approval, of the Tentative Map by the City Council.
An extension of time, not to exceed an additional twelve (12) months, for the
filing of the Final Map may be granted by the City Council providing written
application is made by the subdivider prior to the expiration of the approved
or conditionally approved Tentative Map.
MITIGATION MONITORING AND REPORTING PROGRAM
92. Prior to the issuance of any building permit, the Applicant shall comply with
all the conditions specified in the "Grand Marina Mitigation Monitoring and
Reporting Program" approved by the City of Alameda. The Mitigation
Monitoring and Reporting Program specifies the responsible parties for the
funding, implementation and monitoring requirements.
93. The grading and improvement plans shall incorporate the recommendations
of the geotechnical investigation as outlined in the Soils Report.
SUBDIVISION AGREEMENT /FINANCIAL GUARANTEE
94. In accordance with Section 30 -85.3 of the Alameda Municipal Code, prior to
the recordation of the Final Map, the Applicant shall execute an agreement
between the Applicant and the City for approval by the City Council
specifying the period within which the Applicant shall complete all on -site
improvement work. The on -site improvements shall be completed in
accordance with the approved Tentative Map, the improvement plans and to
the satisfaction of the City Engineer. The Agreement shall provide that if the
work is not completed within the specified period, the City may complete the
work and recover all costs and expenses from the Applicant or successor in
interest. The Applicant shall post sufficient financial guarantee to guarantee
construction of the on -site improvements as determined by the City
Engineer.
95. The agreement shall provide for construction inspection costs to be charged
as a flat fee.
COPY OF FINAL MAP & AS- BUILTS
96. Prior to the City Council approval or the recordation of the Final Map, the
Applicant shall submit a Mylar copy and a CAD file of the improvement
plans recorded Final Map.
97. Applicant shall provide as -built and reproducible Mylar copies of the
infrastructure improvement and landscaping plans to the City Engineer
within 30 days of completion of construction.
CONDITIONS, COVENANTS AND RESTRICTIONS (CC &R's)
98. In conjunction with the on -site improvement plans, the Applicant shall
submit a copy of the proposed Conditions, Covenants and Restrictions
(CC &R's), which shall establish a Homeowners' Association, of which all
property owners must be a member. The submittal shall include an
estimate of costs and proposed level of maintenance for each of the
activities identified. The CC &R's shall provide for funding and provision of
maintenance of all common facilities, including but not limited to streets and
utilities, . not accepted for maintenance by a public agency. The CC &R's shall
stipulate that the Homeowners' Association is responsible for maintenance
of landscaping along the streets, courts, open space, and triangular mini -
parks. Additionally, the CC &Rs shall be reviewed and found satisfactory by
the Planning and Building Director in consultation with the City Engineer and
City Attorney prior to the recordation of the first Final Map.
99. CC &R's shall be recorded as deed restrictions with the Final Map.
100. Prior to the application for any building permit for the site, two copies of the
approved and recorded CC &Rs .shall be submitted to the City Engineer and
Planning and Building Director.
CONSTRUCTION
101. During construction, the Applicant shall ensure that a program of dust
control is implemented consistent with MMRP and BAAQMD requirements.
All construction crews shall 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 roadways.
102. During Construction the Applicant shall ensure that all construction crews
are properly trained and made aware of any site contamination issues
consistent with the Site Management Plan and MMRP.
103. Subdivision construction activities shall be subject to the requirements of the
Alameda Municipal Code which restricts construction to the hours of 7:OOam
to 7:OOpm Monday through Friday and 8:OOam to 5:OOpm on Saturdays.
Construction traffic shall adhere to designated truck routes.
104. Prior to issuance of building permit Applicant shall provide a Recycling and
Solid Waste Plan to minimize solid waste disposal and maximize use of
recycled materials associated with demolition and construction activities for
each and every construction contract. The Plan must be incorporated into
any construction documents for every contract. Prior to issuance of
Certificate of Occupancy, the Applicant (or City or City's Agent) shall submit
a report certifying the amount of materials off hauled, amount of materials
recycled, and amount of recycled materials used in that contract.
105. Prior to issuance of a grading permit, the Applicant shall provide an Urban
Runoff Clean Water Plan for construction activities which identifies specific
measures (BMP's) required during construction to minimize pollutant
discharge to the storm water system. The Applicant shall incorporate these
measures into each and every contract for construction. Prior to issuance of
certificate of occupancy, the Applicant shall provide a report certifying that
these measures were properly followed.
106. Prior to issuance of grading permit, Applicant shall submit a Truck Route
Plan for hauling to be approved by the City Engineer. The Plan must be
incorporated into any construction documents for every contract.
107. Prior to issuance of any permit, Applicant shall submit a Surcharge Plan
showing extent of surcharge, height of piles and any storm water run off
control measures to be approved by the City Engineer. The Plan shall
include approval by any other agency, if so required.
NOISE REQUIREMENTS
108. Concurrent with submittal of Development Plans, the Applicant shall identify
specific acoustical treatments to minimize the noise levels for future homes
that back up to major streets in compliance and which is required to comply
with the City Noise Ordinance.
ACCEPTANCE OF WORK
109. At the completion of construction of the improvements for each phase of the
Project, the Applicant is obligated to provide all required information to the
City including, but not limited to, all certifications, warranties, guarantees,
proof of payment to outside agencies and as -built drawings. Upon
recommendation by the City Engineer, the improvements will be accepted
by the City Council.
PLANNING BOARD CONDITIONS AS MODIFIED BY THE CITY COUNCIL
1) The applicant will study the feasibility or exposing the underlying wood
planks and provide a consistent cosmetically appealing walking and
bicycling surface. If upon further study by the applicant, it is determined by
the Planning and Building Director that exposing the existing wood planks is
financially infeasible, unsafe, or contrary to water quality standards, the
Planning Director may approve an asphalt resurfacing plan.
2) The existing asphalt pedestrian path from Grand Street to the Alaska
Packers building will be widened and resurfaced to provide an well
maintained, adequately sized, and safe bicycle and pedestrian path along
the waterfront. Per condition #49, the project shall be responsible for the
maintenance of the sidewalk. .
3) The applicant shall provide signage to direct traffic down Fortmann to the
marina parking lot to discourage use of Hibbard by marina -bound traffic.
4) The Grand Street sidewalk shall be widened to facilitate pedestrian access
to the waterfront.
5) The waterfront open space landscaping plan between Hibbard and Alaska
Packers should be revised to include larger areas of turf for informal
seating.
6) The final architectural submittal to the Planning and Building Director shall
include revisions to the third story elements. The revisions will reflect the
design of the third stories in the Marano Project in Cupertino. In addition the
final architectural submittals will be reviewed to ensure that the project
includes high quality windows, and the Grand Street elevations will also be
reviewed to ensure that the Grand Street project frontage is well articulated
architecturally and attractively landscaped. The Planning and Building
Director shall consult with Mr. Chris Buckley on the final design approvals.
7) To reduce automobile trips to and from the site, the applicant shall provide
voice, video, data, and telemetry services to each home in the Project. The
developer agrees to negotiate in good faith with APT for the purpose of
entering into preferred provider marketing agreements with APT for voice,
video, data, and telemetry services to the residences. The developer shall
make certain portions of the Project available to APT to construct its
telecommunications facilities for the purpose of providing APT Services to
consumers within the portions of the Project within Developer's ownership
and /or control, with the understanding that APT will obtain and maintain the
requisite legal and regulatory authority under any and all governmental
authority and applicable laws to provide the APT Services to the Project
including without limitation, the required permits, franchises, certificates,
licenses, and approvals for the design, construction, installation, operation
and maintenance of and access to the Project and network facilities. Neither
Developer nor APT will prohibit, restrict, discriminate against or seek to
prevent any other service provider access to the Project for such service
provider to provide competing services, including, without limitation,
precluding the other service providers from access to the conduit, poles,
ducts, and other rights -of -way used to provide the APT Services.
NOTICE. The Conditions of Project Approval set forth herein include
certain fees and other exactions. Pursuant Government Code Section 66020
(d)(1), these Conditions constitute written notice of the amount of such fees,
and a description of the dedications, reservations and other exactions. You are
hereby further noticed that the 90 -day appeal period in which you may protest
these fees and other exactions, pursuant to Government Code Section 66020
(a) has begun. If you fail to file a protest Within this 90 -day period complying
with all the requirements of Section 66020, you 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 during the Regular
Meeting of the City Council on the 16th day of January 2007, by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 17th day of January, 2007.
—Q/\9,
Lara Weisiger, City CI
City of Alameda