Resolution 14275Approved as to Form
CITY OF ALAMEDA RESOLUTION NO.14275
DENYING THE APPEAL OF THE AUGUST 11, 2008, PLANNING
BOARD DECISION TO APPROVE THE HOURS OF OPERATION AND
OUTDOOR USES FOR PLANNED DEVELOPMENT AMENDMENT
PDA05 -0004 AND MAJOR DESIGN REVIEW DR05 -0073
WHEREAS, applications were made in 2005 by Harsch Investment
Corporation and its affiliate Harsch Investment Realty LLC Series C requesting
Planned Development Amendment PDA 05 -0004 and Major Design Review
DR05 -0073, to permit the continued revitalization and expansion of the existing
Alameda Towne Centre Shopping Center to 706,650 square feet of gross
leasable area; and
WHEREAS, the subject property is designated as Community
Commercial on the General Plan Diagram; and
WHEREAS, the subject property is located in a C -2 -PD, Central
Business District, Planned Development Combining Zoning District; and
WHEREAS, the Planning Board held a public hearing on August 11,
2008, examined pertinent maps, drawings, documents and testimony and then
approved portions of the project including the sign program, hours of operation
and outdoor uses and then continued the hearing on the remaining components
of the project to a later date; and
WHEREAS, on August 20, 2008, an appeal of the Planning Board
decision to approve the hours of operation and outdoor uses was filed with the
City; and
WHEREAS, in order to address concerns raised by neighbors the
applicant has agreed to modifications to the hours of operation and outdoor
activities approval and the City Council further modified the requirements for
extended hours of operation. These modifications have been incorporated into
Exhibit "B" of Attachment 1 of this resolution; and
WHEREAS, on October 7, 2008, the City Council held a publicly noticed
hearing, examined pertinent maps and documents, considered the testimony
and written comments received; and made the following findings relative to the
Planned Development Amendment:
FINDING 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.
Evidence: PD zoning allows additional flexibility in site design and range of
uses to encourage creative site designs and synergistic
FINDING 2.
Evidence:
relationships between uses. This PD is a more effective use of
the site than is possible under the regulations for the C -2 zoning
district because the design provides consolidation of the proposed
uses and more creative design components such as: more
effective pedestrian orientation of the buildings and walkways,
grouping of building frontages to allow for a more visually pleasing
project, creative layout of open space improvements and a
comprehensive site design for building location, parking lot
design, and landscaping and internal circulation uses for the site.
The project includes outdoor dining and other uses that take
advantage of the extensive open space areas located throughout
the center, enhancing the quality of the shopping experience.
Reduced parking requirements are appropriate based on
observed demand and will result in smaller expanses of asphalt
parking lots. Additionally, the project includes transit stops
adjacent to major retailers in the center and a comprehensive
network of bicycle and pedestrian improvements, further reducing
the need for vehicle parking.
The project will not have a significant adverse effect on adjacent
land uses in the City.
The Planned Development incorporates design elements that
reduce potential adverse effects. Additionally, an EIR has been
prepared for the project. Feasible mitigation measures have been
identified that reduce all potentially significant impacts to a less
than significant level. Consequently, the project will not have a
significant adverse effect on adjacent land uses.
FINDING 3. The location of the proposed use is compatible with other land
uses in the general neighborhood area, and the project design
and size is architecturally, aesthetically, and operationally
harmonious with the community and surrounding development.
Evidence:
The project consists of the redevelopment and increase in floor
area of an existing shopping center that was established in the
late1950's. The shopping center is located in a fully developed
urban area. The EIR includes an evaluation of aesthetic impacts.
Feasible mitigation measures have been identified that will reduce
all potentially significant impacts to a less than significant level.
The proposed changes to the shopping center are consistent with
previous direction provided by the Planning Board concerning the
design and use of the portion of the site that is adjacent to a public
recreational area. Other than the proposed changes to the
shoreline area, the location and scale of existing buildings will not
be changed substantially from existing conditions. Building 1000,
(the old Safeway building) incorporates design changes that
FINDING 4.
Evidence:
FINDING 5.
Evidence:
FINDING 6.
Evidence:
promote a more harmonious transition between this commercial
building and nearby residential uses. The proposed parking
structure design incorporates design elements found throughout
the shopping center and is of similar scale to other nearby
buildings.
The proposed use will be served by adequate transportation and
service facilities including pedestrian, bicycle, and transit facilities.
The site is served by AC Transit buses. The project includes new
bus stops within the shopping center and a comprehensive
network of bicycle and pedestrian improvements. The EIR
prepared for this project identified potentially significant traffic
impacts. Proposed mitigation measures reduce these impacts to
a less than significant level.
The proposed use, if it complies with all conditions upon which
approval is made contingent, will not adversely affect other
property in the vicinity and will not have substantial deleterious
effects on existing business districts or the local economy.
The Planned Development, because it incorporates all the
mitigation measures in the Environmental Impact Report, will not
have a significant adverse effect on adjacent land uses. The EIR
for this project included an urban blight analysis, as required
under CEQA. Based on the evaluation of economic data,
concerning retail leakage, the project will not have substantial
deleterious effects on existing business districts or the local
economy.
The proposed use relates favorably to the General Plan.
The proposed Planned Development Amendment is consistent
with the existing General Plan designation of Community
Commercial. The Community Commercial designation is intended
for a wide range of commercial uses including large format retail.
The proposed expansion of retail, commercial and restaurant uses
and associated site and parking improvements is be consistent
with this designation. General Plan policies support the continued
operation of this facility as a regional shopping center.
WHEREAS, the Board made the following findings relative to the Major
Design Review:
FINDING 1. The project will be compatible with the site and neighboring
buildings and surroundings and promotes harmonious transitions
in scale and character between different designated land uses.
Evidence: The project has been evaluated for consistency with the principles
and standards contained in the City Design Review Manual
(DRM). The project will be compatible and harmonize with the
design and use of the surrounding area because the buildings
would extend the materials, proportions and sizes of existing
buildings in the Shopping Center in a compatible and consistent
manner. Materials, surfaces, shapes and landscaping relate well
to nearby structures and provide an attractive streetscape as
viewed from adjacent streets and residential areas.
NOW THEREFORE BE IT RESOLVED that the City Council of the City
of Alameda denies the appeal of the August 11, 2008, Planning Board decision
to approve the hours of operation and outdoor uses and reaffirms the approval
of the sign program for Planned Development Amendment PDA 05 -004 and
Major Design Review DR 05 -0073, as described and conditioned in the
attached Minute Order (Exhibit "A ") and approve modified conditions as
described in the attached Minute Order (Exhibit "B ").
NOTICE. No judicial proceedings subject to review pursuant to California
Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90)
days following the date of this decision plus extensions authorized by California
Code of Civil Procedure Section 1094.6
NOTICE. The conditions of project approval set forth herein include certain
fees and other exactions. Pursuant to Government Code Section 66020 (d) (1),
these Conditions constitute written notice of a statement of the amount of such
fees, and a description of the dedications, reservations and exactions. The
applicant is hereby further notified that the 90 -day appeal period, in which the
applicant may protest these fees and other exactions, pursuant to Government
Code Section 66020 (a) has begun. If the applicant fails to file a protest within this
90 -day period complying with all requirements of Section 66020, the applicant will
be legally barred from later challenging such fees or exactions.
EXHIBIT "A"
MINUTE ORDER
CITY OF ALAMEDA PLANNING BOARD AUGUST 11, 2008
AGENDA ITEM 9B: PLANNED DEVELOPMENT AMENDMENT, MAJOR DESIGN
REVIEW — PDA05 -0004, DR05 -0073 — 523 SOUTH SHORE CENTER
The Planning Board of the City of Alameda met in regular session on August 11, 2008
in the City Council Chambers. After receiving the staff report and accepting public
comments, the Planning Board made minor revisions to certain mitigation measures to
clarify responsibility for and timing of implementation of these measures and then
approved adoption of a resolution certifying the adequacy of the Alameda Towne Centre
Environmental Impact Report and the Mitigation Monitoring Program. The Planning
Board then approved by two separate motions the following components of Agenda
Item 9B: 1) The Sign Program, dated June 20, 2008; and 2) Permitted hours of
operation and outdoor uses, as detailed in Conditions 8, 9 and 10 of the draft resolution.
Conditions, as originally numbered in the draft resolution, that are applicable to the sign
program and permitted outdoor uses and business hours approvals are attached to this
Minutes Order. The Planning Board then approved by motion continuing the remaining
components of the project to the regular Planning Board meeting of September 22,
2008.
The decision of the Planning Board shall be final unless appealed to the City
Council, in writing and within ten (10) days of the decision, by filing with the Planning
and Building Department a written notice of appeal stating the basis of appeal and
paying the required fees.
Motion to Adopt a Resolution Certifying the Adequacy of the EIR and Approving
the Mitigation Monitoring Program
The motion passed by the following vote:
AYES: (5) Kohlstrand, Cunningham, Ezzy Ashcraft, Lynch, McNamara
NOES: (0)
ABSENT: (2) Autorino, Cook
Motion to Approve the Sign Program
The motion passed by the following vote:
AYES: (5) Kohlstrand, Cunningham, Ezzy Ashcraft, Lynch, McNamara
NOES: (0)
ABSENT: (2) Autorino, Cook
Motion to Approve Permitted Hours of Operation and Outdoor Activities
The motion passed by the following vote:
AYES: (5) Kohlstrand, Cunningham, Ezzy Ashcraft, Lynch, McNamara
NOES: (0)
ABSENT: (2) Autorino, Cook
Motion to Continue the remaining Project Components to the September 22, 2008
Planning Board Meeting
The motion passed by the following vote:
AYES: (5) Kohlstrand, Cunningham, Ezzy Ashcroft, Lynch, McNamara
NOES: (0)
ABSENT: (2) Autorino, Cook
ATTEST:
Jon Biggs, Secretary
City of Alameda Planning Board
EXHIBIT "B"
MODIFIED CONDITIONS
Outdoor Activities
8. OUTDOOR ACTIVITIES: The following outdoor activities are permitted through
the planned development entitlement and are not subject to additional use permit
approval:
a) DINING: Outdoor dining during permitted business hours.
b) SALES: Display of merchandise for sale on private sidewalks and
courtyards and other areas not including parking lots or the public right of
way.
c) SPECIAL EVENTS: Art fairs, holiday festivals and similar events located
on private courtyards and sidewalks that do not include amplified music
are permitted during regular business hours. Events that include amplified
music are permitted between the hours of 9:00am and 9:00pm subject to
compliance with applicable City noise standards and regulations. The use
of tents, or similar temporary structures, and events located in parking
areas are subject to separate approval by the City.
d) MAINTENANCE: Routine maintenance activities, that do not include
outdoor construction activities, and that do not include the use of noise
generating power equipment are permitted 24 hours per day. The use of
street sweepers, leaf blowers, lawn mowers and similar equipment within
200 feet of a residential district shall not be permitted between the hours
of 10:00 pm and 7:00 am. The use of street sweepers and power -
washers, west of Building 100 and Building 700, shall be limited to the
hours of 6:00 am to 10:00 pm.
e) Outdoor activities, permitted under subsections a, b, and c of this
condition shall be prohibited within 200 feet of the Willows Condominiums,
located at 2101 Shoreline Drive.
Business Hours
9. BUSINESSES HOURS. Businesses within the approved planned development
may remain open for business from 7:00 am to 10:00 pm with the following
exceptions: Restaurants may remain open from 6:00 am until 12:00 am. Kohl's,
the primary tenant in Building 900, may remain open from 6:00 am to 12:00 am
during the Christmas holiday season. The Planning and Building Director shall
determine the beginning and ending dates for holiday season extended hours.
Businesses may remain open beyond these hours subject to use permit
approval. Businesses operating under existing use permits, that allow extended
hours of operation, may continue to operate under the terms of those use
permits. Routine maintenance and other activities, not open to the public, may
be performed within buildings twenty -four hours a day.
10. DELIVERIES: Businesses may receive deliveries between the hours of 7:00 am
to 10:00 pm. Deliveries beyond these hours may be permitted subject to use
permit approval. Between the hours of 10:00 pm and 7:00 am, all delivery trucks
shall use the Park Street driveways to enter and exit the shopping center. Diesel
powered delivery trucks, with gross vehicle weights in excess of 10,000 pounds,
shall comply with the requirements of the California Air Resources Board
(CARB), which currently limit engine idling to a maximum of 5 minutes under
most circumstances. Shopping center management shall provide written
notification of these requirements to all tenants. Tenants shall inform delivery
companies of these requirements. Shopping center security personnel shall
monitor compliance with these requirements and report violations to shopping
center management.
Other Conditions
46. The applicant 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 (including legal costs and
attorney's fees) 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, an approval by the City of Alameda, the
Planning and Building Department, Alameda City Planning Board, the City of
Alameda Redevelopment Agency 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.
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 7th day of October, 2008, 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 8th day of October, 2008.
t-cic-a,
Lara Weisiger, City
City of Alameda