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Resolution 11691CITY OF ALAMEDA RESOLUTION NO. 11691 APPROVING VESTING TENTATIVE MAP FOR TRACT 5905 AT MECARTNEY ROAD EXTENDED, AUGINBAUGH WAY AND THE SAN FRANCISCO BAY WHEREAS, the Planning Board of the City of Alameda has considered Vesting Tentative Map for Tract 5905 to subdivide an approximately 120 acre area into 630 single family residential lots and 18 common area lots, a fire station, a portion of the Shoreline Park, and an existing and a proposed new lagoon in Village V, an R -1 -PD, One Family Residential Planned Development District in Harbor Bay Isle; Harbor Bay Village Five Associates, Applicant; and WHEREAS, the Planning Board has recommended to the City Council approval of said Vesting Tentative Map, subject to certain conditions; and WHEREAS, the City Council on April 4, 1989 held a public hearing on said Vesting Tentative Map and has examined pertinent maps, drawings and documents; and WHEREAS, the City Council has made the following findings: 1. The existing Final Environmental Impact Report for Harbor Bay Isle certified 'by the Alameda City Council on March 4, 1974, as previously supplemented by the City's General Plan Elements and their related Environmental Impact Reports and the JHK Traffic Studies and currently updated by the Addendum dated December, 1988, with the inclusion of the information` as requested by Planning staff in the document labelled "Material to be Submitted by Applicant: Addendum, March 13, 1989," is adequate to cover the current ultimate Project Description for Harbor Bay Isle, including the revised development of Village V in Vesting Tentative Map for Tract No 5905. 2. That the Vesting Tentative Map is in substantial conformance with PDA -89 -1 as approved by the Planning Board and subject to the revised conditions determined by the City Council under the applicant's appeal of six conditions originally imposed by the Planning Board, and the applicant has met the requirements for the simultaneous processing procedure permitted by the City's Subdivision Ordinance. 3. That the proposed development and the design and improvement of the subdivision are consistent with all the adopted General Plan Elements, including the Noise Element for which compliance is dependent upon a recorded noise easement in favor of the Port of Oakland. 4. That with the imposed conditions of PDA -89 -1 and this Vesting Tentative Map approval and the City Engineer's Report, the site is physically suitable for the proposed types of development, in that there are no topograghical barriers, and the land can be appropriately graded for the proposed roadways, housing developments, open space uses, and streets. [Section 3112(a) (3)] 5. That the site is physically suitable for the proposed density of development, which is less than 8.5 dwelling units per gross acre as required by the Combined Land Use Plan (CLUE') and not more than 630 dwellings. [Section 3112(a) (4)] 6. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The development will unavoidably displace some jack rabbits and birds and their habitats, but these impacts are not substantial 7. That the design of the subdivision or its improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, in that the public presently has no access through or use of the undeveloped property. [Section 3112(a) (6) ] 8. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems, in that all the planning is directed toward creating an attractive community that will enhance the quality of life. [Section 3112(a) (7) ] 9. There will be no discharge of waste from the subdivision into the sewerage system which would violate California Regional Water Quality Control Board standards, in that adequate mechanisms of control have been provided, i.e., approval by the City Engineer and other appropriate agencies for -2- any sewage, storm drainage, outfa 1 or water connections before building permits are issued. [Section 3112(h)] 10. Because of standards originally formulated for streets of a rigid grid/block variety which do not take into account current planning practice of minimizing paved areas to reduce automobile speed and provide pedestrian amenities, and which do not recognize the planned development approach of planning lots along curvilinear streets and cul-de-sacs, and in acknowledgement of the planned development approach to land planning, the provision of the Shoreline Park, the lagoons, and the common open space areas, the acceptance of certain exceptions by the Fire Department for public safety access purposes, and the City's experience in terms of traffic safety with similar , exceptions in other neighborhoods on Bay Farm Island, the Planning Board makes the following findings under Section 11-1314 recommending that the following exceptions to the Subdivision Ordinance will not compromise safety standards, are appropriate and are approved: a. That there are special circumstances or conditions affecting the property, namely that the property is located at the end of the Bay Farm Peninsula bordered by the Bay, existing housing tracts, and land zoned and designated for the Harbor Bay Business Park, and is constrained by the Bay Edge, the existing lagoon, and airport noise-related land use restrictions. b. That the exceptions are necessary for the preservation of enjoyment of a substantial property right of the petitioner, namely the right to develop the property with 630 homes, common open space, a fire stations, lagoons, and a Shoreline Park. c. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated, since the proposed exceptions are acceptable to the Fire Department for public safety access purposes, and the City's experience with similar exceptions granted for other neighborhoods on Bay Farm Island has demonstrated that traffic safety problems are not expected to result -3- from the requested exceptions. Therefore the following exceptions are recommended for special approval: (1) The applicant's requested exceptions in Subdivider's Statement 7 to the City's Subdivision Ordinance for public street widths for certain public streets; (2) The applicant's requested exceptions in Subdivider's Statement 7 to the City's Subdivision Ordinance for public streets intersection at less than 90 degrees for certain intersections; (3) The applicant's requested exceptions in Subdivider's Statement 7 to the City's Subdivision Ordinance for public street center line radii less than standard 235 feet for certain streets; (4) The applicant's requested exceptions in Subdivider's Statement 7 to the City's Subdivision Ordinance for side lines of lots intersecting rights-of-ways other than radially or a right angles, and The applicants requested exceptions in Subdivider's Statement 7 to the City's Subdivision Ordinance for sidewalks along Auginbaugh Way, Bay Edge Road and Mecartney Road not being placed at the Property lines. (5) The cul-de-sac identified as Street D-1 in Neighborhood D longer than 600 feet. The double-frontage lots proposed along Mecartney Road and Auginbaugh Way. 11. That private streets, with the conditions imposed and considering the expected volumes and design controls, are adequate and appropriate for this development. 12. That the conditions imposed by the City Engineer regarding sewerage, storm drainage, and water provide mechanisms for insuring that housing in Village V will be provided with adequate sewerage, drainage and water services. -4- 13. That the utility companies have indicated that they can provide adequate services for the proposed development. 14. That the approved public street lighting fixtures and intensity standards are appropriate for the development and address City concerns regarding safety, costs and energy conservation. 15. Provision for a fire station for Bay Farm Island is desirable from the standpoint of public safety. 16. Access to a proposed ferry terminal site partly within the Tract and partly within the Harbor Bay Business Park can be provided for Bay Farm Island residents off Mecartney Road and for other users through the Harbor Bay Business Park, with appropriate conditions for additional study and design of key access features. 17° With appropriate conditions and further design work, a practical and feasible traffic control point can be provided on Bay Edge Road generally at the border between Village V and the Harbor Bay Business Park to restrict traffic to emergency vehicles only. 18. The City Council has added as a condition of PDA-89-1 that within the next 12 months, the applicant shall apply for an amendment to the Zoning Ordinance for and a conditional use permit for ferry terminal parking in the R-1 District. 19. The deletion of Lot 116 in Neighborhood D to create more usable lagoon-side open space, resulting in a total of 630 units in Tract 5905, is appropriate, and it is not necessary to delete further residential lots from Tract 5905. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that the Vesting Tentative Map for Tract 5905 is hereby approved for 630 single family lots, 18 common area lots, and 18 common area lots, a fire station, a portion of the Shoreline Park, and an existing and a proposed new lagoon in Village V, subject to the following conditions: 1. Catalina Avenue shall be widened to a 32 foot driving surface including two 12 foot wide travel lanes and an 8 foot wide parking lane along the northerly side. There shall be a sidewalk incorporated within the landscaped area beyond the -5- southerly curb line of the street. 2. Street improvements to Catalina Avenue adjacent to Neighborhood D, including the temporary fence and street lights, shall be completed prior to any construction in Neighborhood D. 3. Prior to beginning construction, a 6 foot high temporary fence with sufficient appropriate material added to block blowing sand and dust shall be installed along the northerly and easterly subdivision boundaries adjacent to Catalina Avenue and Auginbaugh Way, terminating at the existing lagoon. This temporary fence shall be maintained and repaired in good condition until permanent improvements within Vesting Map Tract 5905 adjoining the fence are installed and completed to the extent that the fence is no longer needed for control of blowing sand and dirt. 4. The applicant and City staff shall work out with the adjacent community the number and location of sidewalks extending from the end of the cul-de-sacs in neighborhood D northerly of Street D-1 to Catalina Avenue. 5. Streets shall be designed to structurally withstand automobile and truck traffic in the valley gutters as well as on the level portions of pavement. 6. Turnarounds shall be provided to the satisfaction of the Fire Department at the ends of all streets. 7. Emergency vehicle access to the Shoreline Park shall be provided by dedicated easement to the City of Alameda from Street B-1 at the sanitary pump station. 8. The following public streets shall be built to City standards and dedicated to the City of Alameda: Mecartney Road, Auginbaugh Way, Bay Edge Road, and the public streets in Neighborhoods A and B. 9. The Shoreline Park parcel and fire station parcel shall be dedicated to the City of Alameda for development in accordance with the Harbor Bay Isle Settlement Agreement Resolution No 11591. Dedication of the Shoreline Park parcel shall not occur until applicant has obtained all required approvals and agreements from the Bay Conservation and Development Commission (BCDC). -6- 10. Light standards on public streets shall conform to City standards for ease of maintenance and shall be equipped with high pressure sodium lights for energy conservation. 11. Utilities shall be coordinated and joint-trenched where feasible; joint trench details for utilities shall be shown on improvement plans. 12. Traffic loading (H 20) boxes and vaults shall be installed in areas designated for automobile driving surfaces, except as otherwise approved by the City Engineer. Vaults, and switches shall be located in driveable surfaces whenever possible. 13. Emergency vehicle access shall be provided from Catalina Avenue to Village V from Neighborhood D at the end of Street D-9. 14. All requirements of the Fire Department concerning water supply and access for fire trucks shall be satisfied, including provision of a fire apparatus commonly known as a quint as soon as the fire station is constructed. 15. Landscaping within the street rights-of-way and clearances of trees and shrubs from street improvements and furnishings shall be as noted on sheet 2 of Vesting Tentative Map (Note: 21). 16. Private streets entrances shall have architecturally treated pavements to differentiate them from public streets. 17. The outfall structures to be constructed off-shore shall be designed to minimize visual conflicts with the Shoreline Park and the views of the San Francisco Bay, subject to approval of the Planning Director. 18. Before the Final Map is submitted to the City Council, the Planning Staff shall review the Final Subdivision Maps for conformity to the approved Vesting Tentative Map for Tract 5905. 19. That the conditions of the City Engineer's Report of February 8, 1989 be adhered to, except for the following: a. Comment/Condition No. 10, CC&R's, is hereby revised as follows: Prior to the application for the first building permit in each -7- neighborhood, two copies of the covenants and conditions for each neighborhood shall be filed with the City. These shall be submitted to and reviewed by the City Engineer for compliance with the approved conditions of the Vesting Tentative Map. b. In Comment/Condition No. 12, the last sentence is hereby revised as follows: Retaining walls shall be shown and detailed on the Improvement Plans to the satisfaction of the City Engineer and shall be reviewed by Planning Staff. c. Comment/Condition No. 19 is hereby revised as follows: All curbs, gutters, and sidewalks within public streets shall be installed in accordance with City of Alameda standards or to the satisfaction of the City Engineer. Reinforcing bars should be placed in curbs were subsidence is predicted. Flush curb returns shall be designed except where drainage requirements make the flush return prohibitive. d. Comment/Condition No 21, Subdivider's Request for Exceptions, on pages 8 and 9 is hereby revised as follows: (1) In acknowledgement of the planned development approach to land planning, the provision of the Shoreline Park, the lagoons, and the common open space areas, the acceptance for public safety access purposes by the Fire Department, conditioned upon provision by applicant of a piece of firefighting apparatus commonly called a quint as soon as the fire station is constructed, and the experience of traffic safety with similar exceptions in other neighborhoods on Bay Farm Island, the City Council approves the applicant's requested exceptions to the CitY's Subdivision Ordinance for items 21.a. (public street widths), 21.b (public streets intersecting at less than 90 degrees), and 21.c (public street center line radii less than standard 235'). (2) With respect to 21.d., the Vesting Tentative Map will be corrected by applicant to the satisfaction of the City Engineer and Planning Director to -8- (3) incorporate the lot sizes and alignments approved in the Planned Development Amendment PDA -89 -1. The lot lines in Neighborhood B shall be at back of sidewalk curb wherever there are sidewalks in conformance with the approved Planned Development Amendment PDA -89 -1. The City Council hereby allows the sidewalks along the major streets (Mecartney, Bay Edge Road, and Auginbaugh) to be located off the property line so as to achieve a superior landscape setback area, (4) The Section 11 -3134 findings appear in the findings section of this Resolution. e. In the NEIGHBORHOOD "A" section on pages 9 and 10, the following changes are hereby made: (1) In the last paragraph on page 9, the condition is hereby revised as follows: All curbs, gutter, and sidewalks within public streets shall be installed in accordance with City of Alameda standards or to the satisfaction of the City Engineer. (2) In the 3rd paragraph on page 10, the 20 foot private drive is acceptable, provided that this feature is acceptable to the Fire Department f. In the NEIGHBORHOOD "B "section on pages 10 through 12, the following changes are hereby made: (1) In the 1st paragraph on page 12, the 5' walkway in Lot H is acceptable and does not have to be widened to the width of the bridge except for a transitional apron, the length of which is acceptable to the City Engineer. (2) In the 2nd paragraph on page 12, with the approval of the City Engineer the bulb -outs can be eliminated, or where access to the lots would be jeopardized, redesigned to incorporate traffic control characteristics. -9- g. In the NEIGHBORHOOD "C" section on pages 12 through 14, the following changes are hereby made: (1) In the first and last paragraphs on page 13, on the private streets of Neighborhood c, it shall be permitted to have a 4' sidewalk and on only one side, provided that it is separated from the curb by a 4' parkway planting strip. The parking lane shall be placed on the other side of the street, where the lot line will begin on the back of the curb. (2) In the 3rd and 4th paragraphs on page 13, with the approval of the City,, Engineer the bulb -outs can be eliminated, or where access to the lots would be jeopardized, redesigned to incorporate traffic control characteristics In the top paragraph on page 14, it is hereby determined recommended that the street plan need not be revised to incorporate a looped circulation system, since the cul -de -sac system is acceptable to the Fire Department and through traffic is discouraged. h. In the NEIGHBORHOOD "D" section on pages 14 through 17, the following changes are hereby made: (3) (1) In the 3rd paragraph, the adjacent Tract 4495 should be identified as "Normandy." (2) In the 4th paragraph on page 15 and the 2nd paragraph beginning on page 16, on the private streets of Neighborhood D, it shall be permitted to have a 4' sidewalk on only one side, provided that it is separated from the curb by a 4' parkway planting strip. The parking lane shall be placed on the other side of the street, where the lot line will begin on the back of curb. In the 5th paragraph on page 15, it should be noted that the applicant and City staff shall work out with the adjacent community the number and location of sidewalks extending from the (3) -10- end of the cul-de-sacs in Neighborhood D northerly of Street D-1 to Catalina Avenue, and the right-of-way at the end of each cul-de-sac in Neighborhood D selected for a connecting sidewalk shall be extended in a 12 foot wide strip to include a public sidewalk and landscaping extending to Catalina Avenue. Further, the sidewalks shall be 4' wide for the extension to Catalina to match the acceptable 4' width for the rest of the sidewalks on the connecting private streets in Neighborhood D. (4) In the 3rd and 4th paragraphs on page 16, it is hereby determined that the street plan need not be redesigned to provide another outlet to North Loop Road in the Business Park or to Verdemar Drive. Street D-1 is acceptable to the Fire Department for public safety access. Limited access to this portion of Neighborhood D has advantages to the Lot owners for limiting traffic volumes. Additional lanes in Street D-1 are not necessary. The bulb-outs can be redesigned as long as access to the lots is not jeopardized. i. In the LAGOON GENERAL NOTES section, the following changes are hereby made: (1) One page 20, first paragraph, it should be clarified that the water quality of the existing lagoon is ensured by the maintenance department of the community of Harbor Bay isle owners Association, which utilizes a specialized water quality contractor and a monitoring biologist consultant. There is already in place a Lagoon Management Plan supervised by the California Regional Water Quality Control Board, which has issued an NPDES permit for the existing lagoon with detailed conditions for water quality. It is proposed that the same program be expanded to include the new lagoon. • In the SHORELINE section on page 21, 2nd paragraph, it is hereby determined that the jogging paths not be asphalt concrete but be a continuation of the soft surface jogging paths in the already constructed portions of the Shoreline Park, but constructed with a 4" rock base, 2" finish surface, and 2" x 6" redwood headers. k. In the MECARTNEY ROAD section on pages 22 through 23, the following changes are hereby made: (1) On the top paragraph of page 23, it is hereby determined that 5' sidewalks are acceptable and that 6' wide sidewalks are not necessary and would cut down on the special landscaping planned for the setback areas. The City Council hereby grants the required exception from the Municipal Code. (2) In the 4th paragraph on page 23, it is hereby determined that turnouts need not be required along this section of Mecartney Road because they would interfere with the special formal landscaping planned for the setback areas and because maintenance vehicles could Park in the parking lots at either end of the road in Village V. (3) In the 6th and 7th paragraphs on page 23, it is hereby determined that the cul-de-sac proposed for the termination of Mecartney Road shall be redesigned to the satisfaction of the City Engineer to accommodate traffic into Neighborhoods A and B, access to the ferry terminal parking area, and potential future public transportation. The proposed access to Neighborhoods A and B should not be modified from that proposed in the Vesting Tentative Map. . In the TRAFFIC CONTROL POINT AT BAY EDGE ROAD section on pages 24 and 25, the following alternative is substituted for the City Engineer's recommendation: Since a roadway connection to the Haror Bay Business Park from Auginbaugh at Bay Edge Road is required under CLUP, the City Council acknowledges that some form of a roadway connection shall be limited to emergency -12-- vehicles only. A card operated control shall be provided at the Mecartney Road entrance/exit to the ferry terminal parking lot which will allow access to be given and limited to the following: (a) All bona fide resident of Bay Farm Island. (b) Emergency vehicles. (c) Public transit and para-transit vehicles, including BART shuttles. 20. Permanent access to the ferry terminal shall be provided from Harbor Bay Parkway at the commencement of Ferry operations, although it may be initially provided in a temporary location with asphalt surface until the permanent is determined and its construction completed. 21. The sewer pump station for Neighborhood A shall be relocated easterly of the proposed location close to Lots 17 to 18. 22. The street bulb-out proposed for the entrance to Neighborhood A shall be eliminated except where access to lots would be jeopardized. 23. For sidewalks less than 5 feet in width, the City Council hereby grants an exception to the pertinent section of the Municipal Code and approves the 4 foot sidewalks as shown on the Map. 24. Lagoons will be a minimum of 80 feet in width throughout the development, except that a lesser width can be provided at the western end of the new lagoon in Neighborhood C and for 30 feet laterally on each side of the bridges. The lagoon curb wall shall be concrete, or other erosion control design and materials as approved by the City Engineer and Planning Director. A 5 foot wide pedestrian path on the south side of the lagoon. 25. The Vesting Tentative Map shall be revised to show Lot 116 as open space. 26. A Final Development Plan for the Fire Station shall be brought back to the Planning Board for review and approval prior to approval of building permits. 27. Acceptance of the Shoreline Park and lots within -13- 100 feet of the 103 contour line is contingent upon approval of BCDC. 28. These conditions replace and supercede all the previous conditions of City of Alameda Resolution No. 9665 and Planning Board Resolution No. 1205 approving the Tentative Map for Tract 4500 applicable to residential Village V. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 4th of April, 1989, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Monsef, Thomas and President Corica - 5. NOES: None® ABSENT: None, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of April, 1989. City Clerk of the City of Alameda