Loading...
Resolution 14198CITY OF ALAMEDA RESOLUTION NO.14198 UPHOLDING PLANNING BOARD APPROVAL OF FINAL DEVELOPMENT PLAN, MAJOR DESIGN REVIEW, AND PLANNED DEVELOPMENT AMENDMENT (FILE NO. PLN07- 0061) AT 2800 HARBOR BAY PARKWAY WHEREAS, an, application was made on November 13, 2007 by SRM Associates for a Final Development Plan, Major Design Review, and Planned Development Amendment to permit the construction of ten office buildings and associated parking, landscaping and other improvements, located at 2800 Harbor Bay Parkway, and; and WHEREAS, the proposal was accepted as complete on January 24, 2008; WHEREAS, the subject property is designated as Business Park on the General Plan Diagram; and WHEREAS, the subject property is located in a C -M -PD, Commercial, Manufacturing, Planned Development, Zoning District; and WHEREAS, the Planned Development for the Business Park was approved by PD -81 -2, and subsequently amended by PDA-85-4 and PDA05- 0003;. and WHEREAS, the City Council on April 4, 1989, approved an Addendum to the Final Environmental Impact Report of the Harbor Bay Isle Development; and WHEREAS, the Planning Board held a public hearing on February 25, 2008 for this application, and examined pertinent maps, drawings, and documents; and WHEREAS, the Planning Board made the following findings relative to the Final Development Plan: 1. Condition #2 of Resolution No. 1203 which approved the Business Park requires that for each development proposal within the Business Park, a Final Development Plan be reviewed by Planning and Building Staff for compliance with the conditions of Resolution No. 1203 and then be brought before the Planning Board. This requirement has been fulfilled for this proposal. WHEREAS, the Planning Board made the following findings relative to the Major Design Review approval: 1. As conditioned, the project will be compatible with its site, adjacent or neighboring buildings or surroundings, and promote harmonious transitions in scale and character in areas between different designated land uses. The project's site design takes into consideration the adjacent properties by providing ample open space that is appropriately located to serve as transitions between the office park and the surrounding land uses, the buildings are grouped to create a sense of spatial units, and there are ample provisions for pedestrian access to the waterfront. The building design is horizontal and harmonious with the neighborhood, compliments the Harbor Bay Business Park, and has an appropriate theme and sense of scale, utilizing high quality textures and building materials. The design also takes advantage of its location on the waterfront and maximizes its orientation to, and visual relationship with the water. The landscaped areas have been designed to be an integral, harmonious, and sustainable part of the project, incorporating plant species that are attractive, native, and tolerant of the maritime environment. Additional amenities such as benches and bicycle racks have also been incorporated into the landscape design. Finally, the traffic and parking system has been designed to promote safety and avoid conflicts between uses. The off - street parking is located behind the buildings, is attractively screened from the public right- of-way, and landscaping will be used to break up the interior. WHEREAS, the Planning Board made the following findings relative to the specific design guidelines for the Business Park contained in Resolution No. 1203: 1. The preliminary landscape plan is consistent with the required landscaping requirements of the Business Park. The buildings are designed to project a low horizontal profile which reduces the apparent bulk of the buildings as required by the Architectural Guidelines contained in Resolution No. 1203. WHEREAS, the Planning Board made the following findings relative to the Planned Development Amendment for reduced parking: 1. The development is a more effective use of the site than is possible under the regulations for the district with which the PD District is combined. The development is a more effective use of the site because the reduction in land that would otherwise be devoted exclusively to parking will provide additional open space and outdoor amenities, particularly in the transition areas between the office park and Shoreline Park. In addition, Buildings B1 through E2 will have shared parking, thus providing greater efficiencies. The project is part of the existing Business Park and will participate in an existing program that was developed to minimize traffic and parking demand. This program disseminates transit information, provides subsidized mass transit passes, cooperates with RIDES on car pool matching programs, provides shuttles to and from BART, and encourages employees of the Harbor Bay Business Park to use alternative commute modes. Additionally, a condition of approval requires the applicant to construct a new bus stop on behalf of the Harbor Bay Business Park, with funding for this bus stop currently available through existing assessments. The applicant, staff, and AC transit are currently working to determine its specific location. In addition to transit access the project location is adjacent to the Harbor Bay Ferry Terminal, which provides commuter access to and from San Francisco. Finally, the proposal includes space for a restaurant or cafe immediately adjacent to the Ferry Terminal. The reduced parking allows for a more extensive pedestrian network on -site, better landscaping plan, and the opportunity to slightly reduce impervious surfaces and surface runoff. 2. The project will not have a significant adverse effect on adjacent land uses. The proposed reduction in parking requirements from 3.75 to of 3.51 spaces per 1,000 square feet of floor area is appropriate in this case and will not adversely affect adjacent properties. WHEREAS, on March 5, 2008 an appeal of the Planning Board's approval of the project was filed with the City of Alameda; and WHEREAS, on April 15, 2008, the City Council considered the appeal and the information relative to the appeal provided by the staff report and the public comments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby finds that no further environmental review is required for the proposed project as provided by Section 15162 of the California Environmental Quality Act Guidelines because: 1. Pursuant to CEQA Guidelines Section 15162, there have been no significant changes in circumstances that require revisions to the previously certified Environmental Impact Report. The proposed project is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby upholds the Planning Board's approval of Final Development Plan and Major Design Review PLN07- 0061 subject to the following; conditions: PUBLIC WORKS Prior to the issuance of Building or Grading Permits: 1. The project applicant shall submit an Impervious Surface Form to the City's Public Works Department (PWD) during the plan review process, indicating the proposed total change in impervious surface area for the project site. Land and Transportation Development 2. Prior to issuance of grading permit, a sanitary sewage flow analysis shall be prepared by the applicant and approved by the Public Works Department to determine sanitary sewage quantities of the proposed development. 3. Prior to issuance of grading permit, a storm drainage analysis including detailed calculations for bio- swales and planters shall be prepared by the applicant and approved by the Public Works Department to insure adequate drainage capacity for the proposed project. Project proponent shall construct stormwater treatment measure(s) that meet the hydraulic sizing design criteria indicated in Provision C.3.d of the City of Alameda's municipal NPDES stormwater permit. Final Development Plan plans need to accommodate for the proper sizing design of the necessary stormwater treatment measure(s). 4. Prior to issuance of grading permit, applicant shall investigate and provide to the Planning & Building Director for analysis, any opportunities to widen the private access road in order to provide additional space for a bicycle lane' that are consistent with the project's approved elements. 5. Prior to issuance of grading permit, a geotechnical report, prepared by a registered geotechnical engineer, with recommendations to the findings shall be prepared by the applicant and approved by the Public Works Department. 6. Bicycle parking rack locations shall be shown and shall be based on one space per 10 vehicle spaces. Location and type to be approved by the Public Works Department. 7. Prior to issuance of grading permit, applicant shall prepare a traffic analysis in connection with the temporary rerouting of AC Transit buses during the reconstruction of the private access road that will include' an evaluation of bus turning radii at the intersections of Aughinbaugh Way and Bay Edge Road, and Bay Edge Road and Harbor Bay Parkway. The analysis shall also include an analysis of additional bus loadings (Equivalent Single Axle Loading) along Aughinbaugh Way and Bay Edge Road for the duration of construction related to the rerouting of AC Transit Line 50 along Aughinbaugh Way and Bay Edge Road. 8. The private ferry access road shall be reconstructed to accommodate bus traffic between the Harbor Bay Ferry Terminal and Harbor Bay Parkway. The Public Works Department shall provide a final Traffic Index (TI) for the street design. 9. Prior to issuance of grading permit, applicant shall indemnify the City and AC Transit for any damages arising from the temporary rerouting of AC Transit Line 50 during construction along Aughinbaugh Way and Bay Edge Road. 10. Prior to issuance of grading permit, applicant shall provide an agreement from the owner of Bay Edge Road regarding the use of the road as a temporary reroute for AC Transit Line 50. Applicant shall also notify and provide contact information to the affected residential neighborhoods regarding the temporary rerouting of Line 50 along Aughinbaugh Way and Bay Edge Road. 11. On behalf of the Harbor Bay Business Park, applicant shall work with the Public Works Department and AC Transit to determine the proper location for, and install bus stops, bus shelters, crosswalks, and any associated improvements at or near the intersection of Harbor Bay Parkway and the private ferry access road. Additionally, applicant shall construct decomposed granite steps and install directional signs at the northwest corner of the intersection of Harbor Bay Parkway and the private ferry access road that connects the sidewalk with the paved pathway along the lagoon pursuant to approval by the Public Works Department. 12. During the course of construction of the private ferry terminal access road, the applicant shall provide a letter of credit, deposit, or other acceptable instrument of credit to assure that the private ferry terminal access road is completed. The amount shall be based on the subdivider's engineer's estimate to the satisfaction of the City Engineer and shall include 20% contingencies. Preliminary Grading, Drainage and Utility Plan 13. Efforts shall be taken to minimize impervious surfaces, especially directly connected impervious surface areas. Roof leaders shall discharge onto landscaped areas. Additional design techniques can include, but is not limited to, the use of pervious pavement in parking areas. Landscaping Plan 14. The final landscape plan for the area between the eastern edge of the private ferry access road and the sidewalk along the lagoon shall: a) Retain the existing healthy, mature trees with some pruning along the road-side face of the trees to improve sight lines and remove overhanging branches; b) include the planting of up to fifteen 15-gallon evergreen trees of like kind to the existing with final planting location to be coordinated with the adjacent Freeport and Bay Colony Homeowner's Associations; c) be implemented using Bay-friendly landscaping guidelines in accordance with Stopwaste.org; d) be subject to the approval of the City Planning and Building' Director. 15. For the parking area in front of Buildings B1 through C2, a minimum of 75% of the trees in the bioswale along the western edge of the ferry access road will be evergreen with an average mature height of 12' to 15' (as shown on Sheets L1.1 and L22). The final planting location of these trees will be coordinated with Freeport and Bay Colony Homeowner's Associations and shall be subject to the approval of the City Planning and Building Director. 16. Tree clearances from utilities shall be as follows: a) Fire hydrant — 6 feet; b) top of driveway wing - 5'; c) stop signs — 15'; d) street/pathway lights and utility poles — 25'; e) storm drain, sanitary mains, gas, water, telephone, electrical lines - 5', f) front of electrical pad- mounted equipment 10'. Verify minimum clearance distances of street trees /shrubs from electrical transformers with City of Alameda Power and Telecom. 17. Site traffic signing shall be to the approval of the City Engineer. Environmental Services Urban Runoff 18. Final landscape plans should ensure that all landscaping and bioswales are 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.` Where feasible, landscaping' shall be designed` and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. 19. Stormwater treatment measures that function primarily as infiltration devices shall, where practical, protect groundwater from pollutants that may be present in urban runoff. The vertical distance from the base of any infiltration device to the seasonal high groundwater mark shall be at least ten feet (10') unless a collection system or another diversion method collects a reasonable amount of the infiltration. 20. Trash enclosures and /or recycling areas shall be roofed and /or enclosed. These areas shall be designed to prevent water run-on to the area and runoff from the area and to contain litter and trash and pollutants, so that these materials are not dispersed by the wind or discharged to the storm drain system. For buildings having food service or restaurant use, their respective trash enclosure should have floor drains connected to the sanitary sewer system. The trash enclosures shall have a minimum floor area of 96 square feet for buildings 10,001 - 25,000 square feet in size and 192 square feet for buildings 25, 001 —50,000 square feet in size. The trash enclosures should have fire sprinklers if attached to the buildings. 21. Given that the total disturbed area for the project will be greater than one acre, the applicant must submit a Notice of Intent (NOI) form to the California State Water Resources Control Board ( SWRCB), indicating the intent to comply with all requirements of the SWRCB Construction Activity Storm Water NPDES General Permit (Permit). 22. In compliance with the NOI submittal to the SWRCB, the applicant (or its designate) shall prepare and implement a thorough Storm Water Pollution Prevention Plan ( SWPPP) document to ensure appropriate protection of storm water quality during the project's construction activities. 23. The applicant (or its designate) shall submit to the City's Public Works Department (PWD) a copy of the completed project NOI and SWPPP documents, as required for preparation by the SWRCB, with sufficient time for both document review by the PWD and any necessary corrections /modifications to the SWPPP by the applicant (or its designate) prior to commencement of any soil - disturbing activity. 24. Prior to the granting of a certificate of occupancy, an operation and maintenance (O &M) agreement and O &M plan for all post- construction (permanent) stormwater treatment controls 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. 25. The developer is responsible for ensuring that all contractors and sub- contractors shall, during all construction activities, comply with the SWPPP elements, the City of Alameda's Urban Runoff Standard Conditions of Approval and the Best Management Practices (BMPs) for construction activities indicated in the Alameda Countywide Clean Water Program brochures during all construction activities. 26. Storm drain inlets in the parking areas shall have canister type filter inserts. All catch basins shall be clearly marked with the words "No Dumping! Drains to Bay" or equivalent, using methods approved by the City of Alameda's Public Works Department. 27. Plan sheets prepared for the construction phase shall indicate the specifications for the installation and upkeep of the erosion control mechanisms as described in the project SWPPP. Specifications shall be provided for the perimeter protection(s), any silt fencing and fiber rolls used, the storm drain inlet protections, the stabilized construction entrance(s) and exits and vehicle tire wash area(s), the vehicle and equipment servicing area(s) and the materials handling and storage area(s). These specifications should meet the same level of erosion and sediment control effectiveness identified for erosion and sediment control practices established in the San Francisco Bay Regional Water Quality Control Board's Erosion and Sediment Control Field Manual and the California Stormwater Quality Association's Stormwater Best Management Practice Handbook. 28. For projects creating or replacing greater than or equal to 10,000 square feet of impervious surface, project proponent must submit a stamped, signed certification from a Civil Engineer registered in the State of California and working for a firm included on the Bay Area Stormwater Management Agencies Association (BASMAA) list of Qualified Post- Construction Consultants for stormwater treatment facility design which indicates that the treatment measure design plan meets the established sizing design criteria for stormwater treatment measures. Environmental Services — Waste Management & Recycling Functions 29. The project is subject to the Waste Management Plan (WMP) requirements of section 21 -24 of the Alameda' Municipal Code. Transportation System Management 30. The applicant shall participate in the existing Harbor Bay Business Park program that was developed to minimize traffic and parking demand. The Harbor Bay Business Park program is responsible for disseminating transit information, providing subsidized mass transit passes, cooperating with RIDES on car pool matching programs, encouraging the use alternative commute modes, and providing employees of the Business Park shuttles to and from BART. 31. The applicant shall establish a provision in the project CC &R's that the project owners' association notify all occupants that the preferred ingress and egress routes to and from the business park shall be Harbor Bay Parkway and Ron Cowan Parkway. PLANNING AND BUILDING DEPARTMENT 32. The project shall be constructed in substantial compliance with the plans prepared by Fee Munson Ebert Architects, dated February 12, 2008, titled "Esplanade, San Francisco Bay" consisting of 24 sheets, marked Exhibit "A ", on file in the office of the City of Alameda Planning and Building Department. 33. At the common property line with the adjacent residential neighborhoods, the project will meet the Leadership in Energy and Environmental Design (LEED) standard for light pollution reduction in residential areas. The following will be incorporated into the site lighting design: a. Use of pole lights with a maximum height of 25'; no building wall packs on the east building elevations (excluding architectural and /or entry lighting such as sconces and soffit lights). b. Fixtures and /or cut -off shields will be specified for exterior lights that mitigate direct view of the site lighting source form the adjacent residential neighborhoods. 34. Prior to issuance of building permit, applicant shall submit a photometric analysis indicating how light will be contained on the project site for review by the Planning & Building Director. 35. Any noise making mechanical equipment located on the ground, which generates noise exceeding ambient noise levels at the common property line with the adjacent residential neighborhoods shall be enclosed in a sound blocking enclosure meeting the noise standards established by the Alameda Municipal Code. The enclosure shall be built to standards approved by the City. 36. Within 30 days prior to the issuance of a grading permit, a pre- construction Phase II , presence /absence survey for the burrowing owl (Athene cunicularia) shall be conducted by a qualified biologist, with potential site location information provided by Golden Gate Audubon. The results of the presence /absence survey shall be provided in writing to the City's Planning & Building Director and the California Department of Fish and Game (CDFG). If it is determined that the project site is occupied by the burrowing owl, a Phase III burrowing owl survey shall be completed, with results provided in writing to the City's Planning & Building Director and the CDFG. If any known location of active nest(s) is established in consultation with the CDFG, the Applicant shall: 1) Create a buffer zone of 160 feet (radius) around the burrow(s) during the nesting season (February 1 through August 31). 2) Following the nesting season, or after the CDFG verifies that the burrowing owl(s) have not begun egg - laying and incubation, or that the juveniles from those burrows are foraging independently and capable of independent survival, the Applicant shall passively relocate the nesting pair(s) occurring on the project site. 37. Applicant shall apply for a Conditional Use Permit if the project proposes 1) Any public restaurant or cafe over 5,500 square feet in area and/or 2) Any restaurant or cafe with hours of operation before 7 a.m. or after 10 p.m. 38. Any public restaurant or cafe having all of the following characteristics shall be prohibited from the project: It specializes in short order or quick service food service; and It serves food primarily in paper, ` plastic, or other disposable containers; and It delivers food and beverage products in such a manner that customers may remove such food or beverage products from the food service establishment for consumption; and d. It is a formula food service establishment required by contractual or other arrangements to operate with standardized menus, ingredients, food preparation, architecture, decor, uniforms, or similar standardized features a. c. 39. The Final Development Plan and Design Review approvals shall expire twelve (12) months from April 15, 2008, unless actual construction under valid permits has been commenced or the applicant applies for and receives a one -time twelve (12) month extension. PARKING/TRAFFIC 40. Applicant shall reconfigure the proposed parking area to add a maximum of five (5) motorcycle parking spaces and create more compact automobile spaces to achieve a total of 3.75` parking spaces per 1,000 square feet of building area The addition of these motorcycle and compact spaces shall not increase the amount of paved area shown on the plans approved by the Planning Board. 41 The parking plan as approved is based on the proposed office /restaurant floor area. Prior to the issuance of building permits now or in the future, the Planning and Building Director shall be informed of the number of employees in the building and any changes in use 42. Within the Business Park, a Parking Management plan is required to minimize traffic and parking demand. This program can include, but is not limited to, preferred car pool parking spaces, bicycle lockers, cooperation with Regional Ride Share Program, car pool matching programs, disseminating transit information, providing subsidized mass transit passes, membership in the Alameda Transportation Management Association and encouraging employees to use alternative commute modes. The Parking Management plan shall be reviewed and approved by the Planning and Building Director and the Public Works Director. This Parking Management plan shall be in addition to the existing contributions to the Harbor Bay Business Park Association, which are currently required. AIR QUALITY 43. During construction, the applicant 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 roadways. Construction activities shall be subject to the requirements of the Alameda Municipal Code, which restricts construction 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 or Sunday. Design specifications shall incorporate Waste Management and Recycling elements for building and site demolition debris. NOISE 44. The project shall not cause an increase in ambient noise levels in excess of those allowed in AMC. Prior to the issuance of building permits and prior to any future change in building use, the applicant shall submit an acoustical noise analysis demonstrating compliance with these Standards. The Planning and Building Director may require noise monitoring and additional project modifications if appropriate. SIGNAGE 45. Signage is subject to a separate permit. All signage shall be consistent with the requirements of the approved signage program for Harbor Bay Business Park. PR /OR CONDITIONS 46. Conditions relating to Planning Board Resolution No. 1203 are incorporated by reference. FEDERAL AVIATION ADMINISTRATION 47. Prior to issuance of building permits, the applicant shall submit to the Federal Aviation Administration a Form (currently designated 7460 although FAA may designate a substitute form), completed to FAA satisfaction, which describes the electronic and light emissions and reflections from the facility toward Port of Oakland runways and related information. The FAA Form 7460or the equivalent regulates both building external elements and construction elements including temporary use of cranes. The applicant shall conform to FAA requirements in the Form 7460 or FAA - approved equivalent process. The applicant shall conform to any process of the Alameda County Airport Land Use Commission and shall provide verification to the Planning and Building Director of compliance efforts. OUTDOOR STORAGE 48. There shall be no outdoor storage unless approved by the Planning and Building Director, and any outdoor storage permitted shall be temporary for in- transit materials. WATER AND SEWER UTILITIES 49. Prior to issuance of building permits, the developer shall secure all necessary permit approvals from EBMUD regarding the installation of all revisions to water or sewer lines necessary to install the project. Accumulated wastewater must be drained to the sanitary sewer. A sanitary sewage flow analysis shall be provided to determine sanitary sewage quantities of the proposed development in relation to prior proposed building usage and the City's line capacities. ALAMEDA POWER AND TELECOM 50. Total load in kilowatts or kilowatt/volts (KVA) needs to be provided and location of the transformers to service these loads must be approved by AP &T prior to building permit issuance. If necessary, the applicant shall provide at no charge to AP &T an easement and access to all AP &T facilities on the property prior to issuance of building permits. FIRE DEPARTMENT 51. Prior to issuance of Final Design Review and construction, the developer shall show the location of fire hydrant spacing on all sides of the project. HOLD HARMLESS 52 The City of Alameda requires as a condition of this approval that the applicant, or its successors in interest, shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Alameda, its Redevelopment Agency, the Alameda City Planning Board and their respective agents, officers, and employees from any claim, action, or proceeding against the City of Alameda, Alameda Redevelopment Agency, Alameda City Planning Board and their respective agents, officers or employees to attack, set aside, void or annul, any approval or related decision to this project. This indemnification shall include,` but is not limited to, all damages, costs, expenses, attorney fees or expert witness fees arising out of or in connection with the 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. 53. All Time and Material charges for this application shall be paid in full prior to the approval of Building Permits for the Project. 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 during the Regular Meeting of the City Council on the 15th day of April, 2008, by the following vote to wit: AYES: NOES: Councilmembers Gilmore, Matarrese, Tam and Mayor Johnson - 4. None. ABSENT: None. ABSTENTIONS: Councilmember deHaan - 1 IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 16th day of April, 2008. Lara Weisiger, City C' City of Alameda