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Resolution 12285CITY OF ALAMEDA RESOLUTION NO. 12285 APPROVING THE REVISED NEGATIVE DECLARATION, IS-92-4 FOR THE AMENDMENTS TO THE GENERAL PLAN, GPA-92-2 AND THE MARINA VILLAGE MASTER PLAN, MPA-92-1 WHEREAS, pursuant to the California Environmental Quality Act, a Negative Declaration and a Revised Negative Declaration (IS-92- 4) have been prepared for the Amendments to the General Plan, GPA- 92-2, which would permit a change in the land use designation on the General Plan Diagram from "Medium Density Residential" to "Business Park" for an approximately 2.5 acre portion of the area identified as Parcel B on the Marina Village Property, and the Marina Village Master Plan, MPA-92-1 which would permit 72 residential units instead of 156 units and permit an additional 64,000 square feet of office use, for a total of 180,000 square feet of office use on Parcels B and C of the Marina Village Property, Alameda Real Estate Investments, applicant; and WHEREAS, the Negative Declaration was circulated for a 30-day period ending on June 8, 1992, in accordance with the Guidelines for the Implementation of the California Environmental Quality Act and the City of Alameda Guidelines for Environmental Review; WHEREAS, the Revised Negative Declaration was circulated for a 30-day period ending on July 7, 1992, in accordance with the Suidelines for the Implementation of the California Environmental Quality Act and the City of Alameda Guidelines for Environmental Review; and WHEREAS, written comments were received from PG&E, the Alameda Unified School District, the Port of Oakland, BCDC and AC Transit District, and are hereby incorporated by reference, and; WHEREAS, the written comments have been responded to in the Response to Comments prepared by staff and submitted to Council for the July 7, 1992 hearing; and WHEREAS, the Planning Board held a public hearing on Negative Declaration/Initial Study, IS-92-4 on June 8, 1992, and examined pertinent maps, drawings, staff report dated June 8, 1992 and the revisions to the Initial Study as outlined in the Addendum to the Staff Report dated June 8, 1992, and other related documents; and WHEREAS, after holding a public hearing for the Negative Declaration, the Planning Board of the City of Alameda on June 8, 1992 unanimously recommended to Council adoption of Negative Declaration, IS-92-6 (Planning Board Resolution No. 2320); and WHEREAS, on July 7, 1992, after notice duly given, the Council considered said Revised Initial Study/Negative Declaration (IS-92- 4), conducted a public hearing thereon, examined pertinent maps, 1 4), conducted a public hearing thereon, examined pertinent maps, drawings, documents, and the Council Staff Report, and therefore determined that it should be approved, based on the following findings; 1. The project, General Plan Amendment GPA -92 -2, and Marina Village Master Plan Amendment, MPA -92 -1, with the inclusion of the mitigation measures as set forth in Attachment "A ", does not have the potential to degrade the quality of environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or 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, General Plan Amendment, GPA -92 -2, and Marina Village Master Plan Amendment, MPA -92 -1, with the inclusion of the mitigation measures as set forth in Attachment "A ", does not have the potential to achieve short -term, to the disadvantage of long -term, environmental goals. 3. The project, General Plan Amendment GPA -92 -2, and Marina Village Master Plan Amendment, MPA -92 -1, with the inclusion of the mitigation measures as set forth in Attachment "A ", would not have impacts which are individually limited, but cumulatively considerable. 4. The project, General Plan Amendment GPA -92 -2 and Marina Village Master Plan Amendment, MPA -92 -1, with the inclusion of the mitigation measures as set forth in Attachment "A ", would not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. 5. The project, General Plan Amendment GPA 92 -2 and Marina Village Master Plan Amendment, MPA -92 -1, if approved with the inclusion of the mitigation measures as set forth in Attachment "A ", would not have a significant effect on the environment and therefore does not require the preparation of an EIR. 2 NOW, THEREFORE BE IT RESOLVED that the Council of the City of Alameda hereby adopts the Revised Negative Declaration, IS -92 -4. 1. ATTACHMENT A MITIGATION MONITORING PROGRAM GENERAL PLAN AMENDMENT GPA-92-2 AND MARINA VILLAGE MASTER PLAN AMENDMENT MPA-92-1 A geotechnical analysis shall be provided to the Engineering Department by the developer, prior the issuance of any building permit or to review of the Final Map for each building phase for the project. The analysis shall demonstrate that proposed construction design minimizes settlement due to consolidation of the Bay Mud deposits under new building loads, and minimizes the potential risk to persons and property at the site from seismic induced liquefaction and groundshaking. The geotechnical analysis shall also include measures to mitigate any water quality impacts that could occur from treatment of the piles. This could include construction of barriers to isolate chemicals used to treat the wooden piles, or other methods to prevent these chemicals from mixing in the surrounding waters of the bay. These mitigation measures shall be reviewed, prior to the issuance of a building permit, by the Regional Water Quality Control Board. Monitoring. City Engineering Staff shall review the Geotechnical Report, and plans prepared in conjunction with the Geotechnical Report, to determine that the design would adequately minimize the potential risk to persons and property at the site from seismic induced liquefaction and groundshaking. Prior to the issuance of any building permits, City Engineering Staff shall also review the plan for treatment of the piles to insure that water quality impacts are avoided. 2. Due to the soil conditions, special design considerations should be incorporated into the planning of pavement and walkways. Service connections for utility lines in to the pile supported structures should be flexible. Monitoring. Prior to the issuance of building permits, the applicant shall present improvement plans to the City Staff for review, to insure compliance with this mitigation measure. Upon completion of construction, City staff shall inspect the improvements to determine their compliance with the improvement plans. 3. During construction, all soil shall be kept within the project site and shall not be eroded into the bay. An erosion and sedimentation control plan shall be submitted in conjunction with the building permits to insure control of dust and sedimentation on the site during construction and to restore all exposed soil areas following construction. This plan shall also contain provisions to minimize any potential adverse impacts that could occur from the proposed chemical treatment of the deteriorated piles. The erosion and sedimentation control plan shall be submitted to the Regional Water Quality Control Board for review and approval prior to the issuance of building permits. Monitoring. City staff shall review the erosion and sedimentation control plan to insure control of dust and sedimentation on the project site during construction and to restore all exposed soil areas following construction. The City Staff shall require the applicant to present evidence of the Regional Water Quality Control Board approval prior to the issuance of building permits. 4. The site shall be designed for Seismic Zone 4 of the Uniform Building Code. Monitoring. City staff shall review the Geotechnical Report required in Mitigation Measure No. 1 as well as all building plans for this site to insure that improvements conform to this requirement. 5. The applicant shall adhere to the following practices in order to minimize the release of dust and other particulates during construction activities: (i) Construction dust shall be controlled through frequent watering and /or other dust control measures. In warm, dry weather, this shall mean twice daily or as needed. Reclaimed water shall be used whenever practicable. Soil which is transported in trucks shall be covered to prevent dust from being released. (ii) Construction equipment and schedules which will minimize the generation of dust and particulate emissions shall be used. Dust - generating activities shall be suspended whenever wind speed exceed 15 miles an hour. (iii) Landscaping of the site shall be completed at the earliest possible date to further control dust. Monitoring. The Central Permit Office shall require the applicant to present a construction management plan, that would insure compliance with this mitigation measure during the construction period. 6. The City of Alameda has adopted a Transportation Systems Management Program (TSM) designed to ensure that 35% of 2 jobholders at designated employment centers will not be single-occupant vehicle (SOV) users. The applicant will be required to comply with this. Monitoring. Prior to the issuance of a building permit for office development, the applicant shall submit a written plan to the City Transportation Manager, for review and approval, indicating their program and proposed reporting to meet the TSM goals. 7. A drainage plan shall be submitted to and approved by the Public Works Department prior to issuance of building and related City permits for the project. Best management practices shall be incorporated in to the design, construction and operation of the parking lot to minimize direct runoff into the bay. Monitoring. The applicant shall submit a drainage plan to the Public Works Department for review and approval, prior to the issuance of any building permits. 8. Site landscaping shall utilize drought tolerant species, and should not include any invasive, non-native plant species. Plant materials shall include plants appropriate to the shoreline environment. Monitoring. The applicant shall submit a detailed landscaping plan as part of the design review for individual portions of the proposed development, that shall comply with this mitigation measure. Approval of the landscaping plans by Planning Staff will be required prior to the issuance of building permits. 9. Prior to the issuance of any building permits, the applicant shall submit a plan to show that construction activities shall comply with applicable City of Alameda Noise Ordinance standards. The plan should include the following: limitations on hours of construction and truck traffic to minimize disturbance to residential uses early in the morning and event and at night, equipment to be properly muffled and turned off when not in use. Monitoring. The applicant shall submit a plan to the Central Permit Office, to be reviewed by Planning Staff that outlines compliance with the City of Alameda Noise Ordinance. This plan shall be approved, prior to the issuance of individual building permits. 10. Prior to issuance of building permits for the project, the developer shall provide a detailed acoustical analysis prepared by a licensed acoustical engineer, that demonstrates project compliance with the Community Noise standards of Zoning Ordinance Chapter 5, the General Plan 3 Noise Element, and the AICUZ Study Update. Where conflicts exist between the applicable standards, the more stringent shall apply. Monitoring. The applicant shall submit an acoustical analysis prior to the issuance of building permits to the Central Permits Office that complies with this mitigation measure. City staff shall review the analysis and determine that it complies with the Community Noise Standards of Zoning Chapter 5, the General Plan Noise Element and the AICUZ Study. 11. Glare shall be minimized through the use of appropriate lighting fixtures that are shielded or that direct lighting downward and away from project boundaries. Monitoring. Planning Staff shall review all building and improvement plans to determine that the design of lighting fixture complies with this mitigation measure, prior to the issuance of building permits. 12. At the time of demolition, the applicant shall submit a plan to manage construction traffic so that it would not have a negative impact on traffic circulation. Monitoring. Prior to the issuance of a demolition permit, the applicant shall submit a plan to manage the construction traffic, to the City Transportation Manager, for review and approval. 13. The City shall be allowed to transfer an additional $200,000, due to an increase in the cost of off-site public improvements, (for a total of $400,000) from the remaining available balance in the Marina Village Assessment District #89-1 to complete the off-site improvements for the Sherman Street/Alameda Beltline Railway crossing and related street improvements. The amount of the funds ($400,000 total) required under this condition shall be adjusted by the Engineering News Record Construction Cost Index for the San Francisco Bay Area from September 30, 1992 to the date the funds are made available to the City. The transfer of these funds shall be permitted following final approval by the City of the Marina Village Master Plan Amendment 92-1, related Development Plans, Parcel Maps (i.e. 6340 and 6343), and related dedications and acceptances contemplated therein. Regardless of whether all these actions have been completed, the City shall be allowed the transfer of these funds as a condition of issuing any building permit for development on Parcels B and C pursuant to MPA 92-1, or as a condition of allowing 4 the recordation of a Final Map for the 72 residential units on Parcel B. The availability of the funds shall be provided for by an amendment to the existing Amendment No. 2 dated February 21, 1989 to the City Cooperation Agreement. This amendment to the Agreement shall be completed prior to the provision of funding and to issuing any building permits for development on Parcels B and C pursuant to MPA 92-1, and prior to allowing the recordation of a Final Map for the 72 residential units on Parcel B. The intent of the amendment to the City Cooperation Agreement is to document the requirements of this mitigation and not to supersede any existing agreements between the City and Alameda Real Estate Investments other than revision of Amendment No. 2 to said Agreement. The City acknowledges that the applicant has completed all traffic improvements within the public rights-of-way within or adjacent to the Marina Village project area which have been required as conditions of previous Master Plan and Development Plan approvals, other than the transfer of funds required in this mitigation. No further traffic improvements within such public rights- of-way shall be required of the applicant, its successors and assigns, or any other owner in Marina Village in connection with any further development or building permits or other entitlements required for buildout of Marina Village in accordance with Marina Village Master Plan including MPA 92-1. In consideration of the transfer of the funds, and the related improvements to Sherman Street, required by this mitigation, approval of development of up to 100,000 square feet of office use of A.P. 74-906-50 (an approximately 5.44 acre parcel located within the Marina Village Assessment District and owned by Encinal Real Estate) shall not require off-site traffic improvements provided that: a. all required development approvals are secured by June 30, 1997, b. no more than 100,000 sq. ft. of office use is development on the site, and c. access to A.P. 74-906-50 is exclusively taken from the Atlantic/Sherman Streets rights-of-way. Monitoring. The availability of the funds shall be provided for by an amendment to the existing Amendment No. 2 dated February 21, 1989 to the City Cooperation Agreement. This amendment to the Agreement shall be completed prior to the provision of funding and to issuing any building permits for development on Parcels B and C pursuant to MPA 92-1, and prior to allowing the recordation of a Final Map for the 72 residential units on Parcel B. The intent of the amendment to the City Cooperation Agreement is to document the requirements of this mitigation and not to supersede any existing agreements between the City and Alameda Real Estate Investments other than revision of Amendment No. 2 to said Agreement. 14. The Developer shall participate in the City of Alameda BART shuttle program prior to the issuance of any building permits. Monitoring. The applicant shall present proof to the City Transportation Manger of participation in the City of Alameda BART shuttle program prior to the issuance of any building permits. 15. The Applicant shall design appropriate gas facilities to accommodate the unique design of the project, acceptable to PG&E, prior to the issuance of any building permits. Monitoring. The applicant shall present plans to PG&E, for review and approval to comply with this condition. The applicant shall submit written approval from PG&E indicating compliance with this condition with the building plans, to the Central Permit Office. 16. The applicant shall submit landscaping and building plans which conform to the City of Alameda and East Bay Municipal Utility District Water Conservation Guidelines. Where there is a difference, the stricter requirement shall apply. Monitoring. The applicant shall present information with building plans for review and approval of City stall indicating compliance with this condition. 17. The City of Alameda will review the design of future development permitted by the Master Plan Amendment as part of the Development Plan review and design review process to assure that the new development is compatible in scale, massing and relationship to existing development along the Marina Village shoreline, and adjacent uses. Monitoring. The applicant shall present Development Plans for each phase of development, for review and approval by the Planning Board, as well as detailed plans for design review and approval by Planning Department staff, prior to the issuance of any building permits. 6 18. Should evidence of cultural or historic artifacts be found during site preparation or grading, work shall stop immediately, and the Planning Director shall be notified within 24 hours. Any construction which may in the Planning Director's determination affect those resources shall be halted until the Planning Department, assisted by an archeologist selected by the City, and paid for by the applicant, has inspected the resources, and developed and implemented an appropriate mitigation plan. Monitoring. The applicant shall notify the Planning Director should evidence of cultural or historic artifacts be found during site work. Should such resources be found, the Planning Director, assisted by an archeologist selected by the City, and paid for by the applicant, shall inspect the resources, and develop and implement an appropriate mitigation plan. 7 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 7th day of July , 1992, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Lucas, Roth and President Withrow - 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 Jn1y , 1992. Diane B. Felsch, City Clerk City of Alameda