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Resolution 12255CITY OF ALAMEDA RESOLUTION NO. 12255 ADOPTING MITIGATED NEGATIVE DECLARATION, IS-91-330, FOR A GENERAL PLAN DIAGRAM AMENDMENT, GPA-91-330, AND FOR A USE PERMIT, UP-91-330, LOCATED AT 2329 BUENA VISTA AVENUE. WHEREAS, an application was made on October 17, 1991 by Edward T. and Carol L. Simas for John K.H. and Edna Y.F. Ho, for an Initial Study, IS-91-330, to determine the potential environmental effects that would be associated with a proposal to amend the General Plan Diagram from Medium-Density.Residential to Community Commercial for a parcel located at 2329 Buena Vista Avenue, and to establish a car wash on the same parcel; and WHEREAS, the application was accepted as complete on November 13, 1991; and WHEREAS, a proposed Mitigated Negative Declaration was circulated for public comment between February 13, 1992 and March 4, 1992; and WHEREAS, the subject property is designated Medium- Density Residential on the General Plan Diagram; and WHEREAS, the subject property is located in a C-M (Commercial-Manufacturing) Zoning District; and WHEREAS, the project is located within the boundaries of the Business and Waterfront Improvement Project and designated as Medium-Density Residential; and WHEREAS, the Planning Board held a public hearing on this application on March 23, 1992, examined pertinent maps, drawings, and documents, and recommended to the City Council the adoption of the Mitigated Negative Declaration; and WHEREAS, the City Council has held a public hearing on this application on June 3, 1992, and has examined pertinent maps, drawings, and documents; and findings: WHEREAS, the City Council has made the following 1. The project does not have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish and wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. 2. The project does not have the potential to achieve short term, to the disadvantage of long term, environmental goals. 3. The project does not have possible environmental effects which are individually limited but cumulatively considerable. 4. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that the City Council hereby adopts Mitigated Negative Declaration (IS -91 -330) subject to the following conditions: 1. If the General Plan Diagram Amendment and Use Permit are approved by the City of Alameda, a monitoring and reporting plan, as required by California Public Resources Code Section 21081.6, shall be implemented. The plan shall include the implementation of the adopted mitigation measures identified in the Initial Study and Mitigation Monitoring Program, attached hereto in Exhibit "A". 2. If the General Plan Diagram Amendment and Use Permit are approved by the City of Alameda, the project shall be constructed in substantial compliance with the plans dated 7/08/91, titled X -TRA OIL, 1701 Park Street, and as modified by implementation of the Mitigation Monitoring Program. 3. If the General Plan Diagram Amendment and Use Permit are approved by the City of Alameda, the City's Community Development Department shall prepare a technical amendment to the Business and Waterfront Improvement Project Map. EXHIBIT "A" IS /GPA/UP -91 -330 SHELL SERVICE STATION EXPANSION MITIGATION MONITORING PROGRAM 1. Air Emissions /Air Quality (Item B.1., Initial Study Checklist) Impact: Mitigation Measure: Construction activities may result in a temporary increase in the release of dust and other particulates into the atmosphere, thereby resulting in a temporarily reduced ambient air quality. Construction dust shall be controlled through frequent watering and /or other dust control measures. In warm, dry weather, this shall mean twice daily. Reclaimed water shall be used whenever practicable. Soil which is transported in trucks shall be covered to prevent dust from being released. Responsibility: Applicants and Public Works Department Actions: (1) Applicants shall implement required control measures. (2) Through spot field checks, City construction inspectors will verify that dust control measures specified above are being followed during construction activity. 2. Increased Noise (Item F.1., Initial Study Checklist) Impact: Mitigation a. Construction activities associated with the demolition of existing facilities, site preparation, and the completion of improvements would create a new, temporary noise source during construction hours. Measure: Construction activities shall comply with applicable City of Alameda Municipal Code Community Noise standards. Construction activities shall be limited to the hours of 7:00 A.M. to 7:00 P.M. weekdays, and 8:00 A.M. to 5:00 P.M on Saturdays and Sundays. Responsibility: Applicants and Public Works Department Action: Through spot field checks, City construction inspectors will verify that construction activities 1 Impact: Mitigation Measure: are in compliance with applicable noise ordinance standards. b. Operation of the proposed car wash and dryer system may create potential noise impacts on the adjoining property. The following modifications shall be incorporated into the design of the project to mitigate potential noise impacts resulting from the operation of the car wash and dryer system: (1) The height of the car wash doors shall be lowered from 8 feet to 7 feet, or, a solid material flap shall be installed that has a 7 foot clearance but can be raised to 8 feet on an as needed basis if additional clearance is required for taller vehicles; and (2) A 10 foot, six inch wall shall be extended a minimum of ten feet from the carwash entrance and exit, as shown on Exhibits "B" & "C" of attachment #1. Additional, lower height wall panels shall be constructed as per the recommendations presented in the noise study. Responsibility: Applicants and Planning Department Actions: (1) Applicants shall prepare working drawings for City plan check which incorporate the modifications required above. (2) Planning Staff shall ensure through the Design Review process that all modifications required above are incorporated into the final design. (3) Design Review staff shall inspect the site prior to the City's final permit inspection and issuance of a Certificate of Occupancy to confirm that all required modifications have been constructed per approved plans. 3. Light and Glare (Item G, Initial Study Checklist) Impact: The project would include the installation of new lighting throughout the site. The application states that all lighting would be directed straight down. If designed properly, the lighting would not produce any significant, additional glare. 2 Mitigation Measure: All exterior lighting fixtures shall be designed to direct lighting downward to eliminate glare. Lighting intensities shall be limited to the minimum required to provide adequate security for the site. Exterior lighting shall be subject to Design Review approval prior to installation. Responsibility: Applicants and Planning Department Actions: (1) Applicants shall prepare working drawings for City plan check which comply with the lighting requirements above. (2) Planning Staff shall ensure through the Design Review process that all proposed exterior lighting complies with the requirements above. (3) Design Review staff shall inspect the site prior to the City's final permit inspection and issuance of a Certificate of Occupancy to confirm that all exterior lighting has been installed per approved plans. 4. Natural Resources (Item I.1., Initial Study Checklist) Impact: Operation of the car wash could increase the rate of use of water. Mitigation Measures: a. The car wash facility shall include a wash water recycling system that is classified as a closed system designed to maximize the percentage of reclaim. b. The landscape and irrigation plan shall comply with the City of Alameda Water Conservation Ordinance. Responsibility: Applicants and Planning Department Actions: (1) Applicants shall prepare working drawings for City plan check which comply with the recycling system and landscaping requirements above. (2) Planning Staff shall ensure through the Design Review process that the recycling system and landscaping and irrigation plans comply with the requirements above. (3) Design Review staff shall inspect the site prior to the City's final permit inspection 3 and issuance of a Certificate of Occupancy to confirm that all landscaping and irrigation has been installed per approved plans. 5. Risk of Upset (Item J.1., Initial Study Checklist) Impact: Mitigation Measure: The proposal would not involve the use of hazardous materials other than the motor vehicle fuel that would be delivered, stored and dispensed on the site. The project would include the removal of existing tanks and the installation of double wall fuel tanks and lines. Emergency shutoff valves, fire extinguishers, and other required safety equipment, would be provided in accordance with the Uniform Fire Code and applicable State of California standards. The risk of upset would not be increased with the proposed project, relative to the existing facility, if developed as regulated below. The project shall be developed in conformance with the requirements of the Hazardous Materials Division of the Alameda County Environmental Health Department. All proposed construction shall comply with applicable Uniform Fire Code and Uniform Building Code provisions, as administered by the City of Alameda Fire Prevention Bureau and Building Division. Responsibility: Applicants, Alameda County Environmental Health Department, City Fire Prevention Bureau, Public Works Department Actions: (1) Applicants shall prepare working drawings for City and County plan check which comply with all applicable standards. (2) County and City staff noted above shall ensure through the plan check process and site inspections that the project complies with all applicable standards. 6. Housing (Item L, Initial Study Checklist) Impact: The proposal would eliminate one single family residence from the neighborhood and replace it with a ncn- residential use, namely a commercial service station /foodmart/carwash facility. Mitigation Measure: a. Development activities shall comply with the City of Alameda Affordable Housing Fee Ordinance 4 standards. The applicant shall provide the required affordable housing or pay the appropriate in -lieu fee prior to issuance of building permits for the project. Responsibility: Public Works Department - Central Permit Office Action: The Central Permit Office shall collect the appropriate in -lieu fee from the applicants prior to issuance of building permits for the project. Mitigation Measure: b. In order to support a goal of the City's Housing Element, namely to preserve existing housing stock, the applicant shall, for a period of 120 days from the effective date of action on the General Plan amendment, make available to the general public the existing residence at 2329 Buena Vista Avenue, for relocation as a one or two dwelling unit building in an appropriately zoned parcel within the City of Alameda. The applicant shall coordinate its efforts to move the structure with the City of Alameda Community Development and Planning Departments. Responsibility: Applicants Action: Applicants shall advertize, to the satisfaction of Planning Staff, the availability of the house for relocation to another site within the City of Alameda for the time period noted above. 7. Transportation /Circulation (Item M.2., Initial Study Checklist) Impact: Mitiaation Measure: The establishment of the car wash and food mart will increase the level of business activity at the site The increased patronage would increase the demand for parking. Off - street parking shall be provided in accordance with the standards set forth in the City of Alameda Zoning Ordinance parking requirements. Responsibility: Applicants and Planning Department Actions: (1) Applicants shall prepare working site plan drawings for City plan check which comply with all applicable parking standards. (2) Planning Staff shall ensure through the Design Review process that the parking plans comply with all applicable parking standards. 5 8. Transportation /Circulation (Item M.3., Initial Study Checklist) Impact: Mitigation Measurer Expansion of the service station to include the proposed car wash and food mart will generate an increase in the number of vehicle trips associated with the site. a. The project shall comply with the requirements of the City of Alameda Transportation Systems Management ordinance. Responsibility: Applicants Actions: Applicants shall contact the City's TSM Coordinator to determine specific ordinance requirements and implementation measures. The applicants shall demonstrate to the satisfaction of the TSM Coordinator that they are operating the service station in compliance with applicable requirements. Additional Mitigation Measure (not listed in Initial Study): b. The applicants shall contribute toward the following traffic improvements: (1) Left Turn pockets on Park Street at Buena Vista Avenue (estimated cost $320,000.00) (2) Oak Street Signal Progression Program (estimated cost $246,000.00) The applicants' share of the total cost shall be based on the City's estimates of the number of additional daily trips that would be generated by the expansion of the service station facilities, relative to the total number of additional daily trips anticipated by the City to be generated by other incremental business expansion on Park Street by the year 2000. The applicants ° share is estimated to be 15.7% or $88,862.00. Note: Project cost allocations are estimates only and shall be subject to revision once final estimates for the proposed improvements are completed. Responsibility: Applicants Action: Applicants shall pay to the City the share of improvement costs noted above prior to the issuance of building permits for the project. As an option, 6 the applicants may work with Public Works staff in arranging for an alternative, mutually satisfactory, payment schedule. 9. Human Health (Item Q.2., Initial Study Checklist) Impact: Mitigation Measure: Responsibility: Actions: Activities associated with the demolition of existing facilities, site preparation and construction of improvements would create a potential health hazard on a temporary basis during the construction period. The project site shall be enclosed by a secure "construction" fence during demolition, site preparation, and construction activities. (3) Applicants, Planning and Public Departments Applicants shall prepare working City plan check which include construction fence. Planning Staff shall ensure at final plan check that temporary fencing is incorporated into the Works drawings for a temporary the time of construction project. Through spot field checks, City construction inspectors will verify that the site is secured by temporary construction fencing during demolition, site preparation and construction activities. 10. Cultural Resources (Item T.2., Initial Study Checklist) Impact: Demolition of the existing structures at 2329 Buena Vista Avenue requires Historical Advisory Board (HAB) approval. The HAB approved the demolition permit based on the finding that the structures have no historical significance, and subject to a condition requiring the applicant to develop a plan which effectively screens the site from adjoining properties. Mitigation Measure: The demolition permit shall not be issued until Planning Staff approves a Design Review application for the redevelopment of the parcel which provides effective screening of the site from adjoining properties. Special attention shall be paid with respect to the design of the west property line wall 7 and associated landscaping, to ensure that the existing residential character of the adjoining properties to the west is protected. Responsibility: Applicants and Planning Department Actions: (1) Applicants shall prepare working drawings for City plan check which address the requirements above. (2) Planning Staff shall ensure through the Design Review process that the site is effectively screened from adjoining properties. (3) Design Review staff shall inspect the site prior to the City's final permit inspection and issuance of a Certificate of Occupancy to confirm that all requiring screening has been installed per approved plans. 8 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 adjourned regular meeting assembled on the 3rd day of June , 1992, by the following vote to wit: AYES: Councilmembers Comic a,- Lucas, Roth and President Withrow - 4. NOES: Councilman Arnerich - 1. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of June , 1992. _Ad/ Diane :. Felsch, City Clerk City of Alameda