Resolution 12825CITY OF ALAMEDA RESOLUTION NO.12825
APPROVING TENTATIVE MAP TM-6877
AT 791 THAU WAY (FORMER ISLAND DRIVE-IN SITE)
WHEREAS, an application was made on June 13, 1996 by Thomas
Quaglia for The Riding Company requesting a Tentative Map, TM-6877,
to permit the subdivision of a 10.16 acre parcel into 106 parcels;
and
WHEREAS, the Tentative Map was accepted as complete on August
27, 1996; and
WHEREAS, the subject property is designated as MU-1, Specified
Mixed Use on the General Plan Diagram; and
WHEREAS, on September 3 and 17, 1996, the City Council rezoned
the property from CM-PD, Commercial Manufacturing, Planned
Development District to R-5-PD, General Residential, Planned
Development District; and
WHEREAS, the project is located within the boundaries of the
Business and Waterfront Improvement Project and designated as Mixed
Use; and
WHEREAS, pursuant to the California Environmental Quality Act,
a Mitigated Negative Declaration, IS-95-10, was adopted by the City
Council on September 3, 1996 as adequate in addressing the
environmental impacts for the proposed Tentative Map; and
WHEREAS, the Planning Board held a public hearing on this
application on September 9, 1996, and recommended that the City
Council approve the Tentative Map; and
WHEREAS, the City Council held a public hearing on matter on
October 1, 1996, and has examined pertinent maps, drawings, and
documents and has considered any written comments and testimony
during the public hearing; and
WHEREAS, the Council made the following findings:
1. The design of the proposed subdivision is consistent with
the General Plan which specifies residential uses for
this site.
2. The site is physically suitable for the proposed planned
residential project. All existing structures relating to
the former drive-in use will be removed. The site will
be graded to accommodate the proposal.
3. The site is physically suitable for the proposed density
of development. The density is less than the maximum
density of one dwelling unit per 2,000 square feet of
parcel area.
4. The design of the subdivision or proposed improvements
will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife or
their habitat. A Mitigated Negative Declaration has been
prepared which evaluated the environmental impacts of the
project_
5. The design of the subdivision or improvement will not
conflict with easements acquired by the public at large
for access through or use of property within the proposed
subdivision. Final disposition of an existing railroad
easement through the south west corner of the project
will be addressed by a Development and Disposition
Agreement between the subdivider and the Community
Improvement Commission.
6. The design of the subdivision or the type of improvements
will not cause serious public health problems. The
proposal is for residential uses at the site.
7. As conditioned the discharge of waste from the
subdivision sewer system would not violate Regional Water
Quality Control regulations. ,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Alameda that the City Council hereby approves Tentative Map, TM-
6877 with the following conditions:
EFFECTIVE DATE
1. The Tentative Map approval shall not be in force and effect
until October 17, 1996, thirty (30) days after the City
Council has given second reading to the Ordinance rezoning the
property from CM-PD to R-5-PD and the rezoning is in effect:
APPROVED PLANS
2. The project shall be constructed in substantial compliance
with the plans prepared by Carlson, Barbee & Gibson, Inc.
dated August 26, 1996, titled "Tentative Map Tract 6877
Heritage Harbor Alameda, California" showing 106 house sites,
consisting of two sheets, marked Exhibit "A" and on file in
the office of the City of Alameda Planning Department.
HOLD HARMLESS
3. Pursuant to California Government Code Section-66474.9(b), the
City of Alameda requires as a condition of this tentative map
approval that The Riding Company, or its successors in
interest, defend, indemnify, and hold harmless the City of
Alameda or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents,
officers, and employees to attack, set aside, void, or annul,
an approval of the City concerning the 791 Thau Way
subdivision, which action is brought within the time period
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provide for in Government Code Section 66499.37. The City of
Alameda shall promptly notify the subdivider of any claim,
action or proceeding and the City shall cooperate fully in the
defense. If the City fails to promptly notify the subdivider
of any claim, .action, or proceeding, or if the City fails to
cooperate fully in the defense, the subdivider shall not
thereafter be responsible to defend, indemnify, or hold
harmless the City.
IMPROVEMENT PLANS
4. Prior to the recordation of the Final Map, the subdivider
shall submit engineered Improvement Plans which provide for
the proposed roadways, drainage improvements and other
relevant subdivision improvements to the satisfaction of the
City Engineer, and which includes the following:
a. Improvement Plans shall show all existing and proposed
easements.
b. The subdivider shall be required to dedicate all utility
easements as requested by each of the various utility
companies and by the City Engineer's office.
c. All utilities shall be installed underground.
Soils Report
d. Comprehensive soil and foundation studies, reports, and
recommendations shall be required in regard to underlying
soils, future subsidence, seismic safety, water table,
salt water backflow throughout the tract and perimeter
lands, and foundations of structures. All improvements
shall reflect the recommendations contained within the
reports. The reports shall be filed with the City
Engineer, in conjunction with the Improvement Plans.
City Monuments
e. Standard City monuments shall be provided at all exterior
tract property corners, angle points and all other
control points, to the satisfaction of the City Engineer.
All monuments should be preferably 10 feet from all
utility lines. On storm drain lines or sanitary sewer
mains, under special circumstances, the distance may be
reduced to 8 feet clear.
f. There shall be a minimum clear space of seven (7) feet
between the outside of a manhole cover and edge of any
monument, to the satisfaction of the City Engineer.
g.
Clearance between utility mains and services and
structures, walls, trees, or other objects, shall be to
the satisfaction of the City Engineer.
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Retaining Walls
h. Retaining walls shall be shown and detailed on the
Improvement Plans to the satisfaction of the City
Engineer and the Planning Director.
Grading/Drainage
i. A grading plan shall be required for all areas within the
subdivision which shall be prepared to the satisfaction
of the City Engineer.
Surface drainage must slope away from all buildings in
accordance with Article F of the Alameda Design Criteria
and to the satisfaction of the City Engineer.
k. Lot drainage shall be to the satisfaction of the City
Engineer.
1. No drainage shall cross any lot line other than onto
streets or common areas unless an easement is provided.
Urban Runoff
m. The Improvement Plans shall include and meet all the
necessary requirements of the Alameda Countywide Clean
Water Program.
n. The Improvement Plans shall show planned methods by which
entry of pollutants to the storm drain system will be
reduced.
o. The subdivider shall provide an erosion control plan.
p.
A. Notice of Intent for the storm water discharge shall be
filed with the State Water Quality Control Board. A copy
of the filing shall be submitted to the City Engineer as
part of the required.Improvement Plan for the site.
Traffic/Street Design
q.
Private street entrances to the subdivision shall be
identified by a different pavement material designed to
the satisfaction of the City Engineer and the Planning
Director.
r. All curbs, gutters, and sidewalks within public streets
shall be installed in accordance with City of Alameda
standards.
s. Reinforcing bars shall be placed in curbs where
subsidence is predicted by the Soils Report required in
Condition #4d above.
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t. The subdivider proposes joint trenches under sidewalks to
include telephone, electrical, television, and gas lines.
The trench width and depth shall meet the standards of
the utility companies and the City Engineer.
u. Flush curb returns shall be designed except where the
City Engineer determines that drainage requirements make
the flush return prohibitive.
v. Wheelchair ramps shall be required on sidewalks where
curb corners meet streets.
w. Traffic control, regulatory, warning, and guide signs
shall be installed in conformance with the Manual of
Uniform Traffic Control Devices, to the standards of the
City Engineering Division, and as required by the City
Engineer.
x All streets within the development shall be privately
maintained and have public access.
Street Names
y.
Street names shall be as shown on sheet 2 of Exhibit uA"
with the following exception: Schuler Court, Norton Court
and Justice Court shall be changed to DeCelle Court,
Bosshard Court and Volberg Court, respectively.
Street Signs
z. The subdivider shall be responsible for installation of
all street signs within the development. Signs shall be
to the satisfaction of the Public Works Director.
Street Lighting
aa. Installation of street lights shall be to the
satisfaction of the City Engineer.
bb. Street light spacing and illumination requirements shall
be to the satisfaction of the Bureau of Electricity.
Landscaping
cc. Street and walkway tree plantings have not been shown on
the Tentative Map. A tree planting and landscaping plan
shall be required for all street areas and common areas.
These plans shall be prepared to the satisfaction of the
City Engineer and the Planning Director, and shall be
submitted in conjunction with the Improvement Plan.
Clearances of trees from street improvements and
furnishings shall be as follows:
1. Fire hydrants - 6 feet.
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2. Driveways (top of wing) - 3 feet.
3. Stop signs or curb returns - 15 feet; except 30'
radius returns - 10 feet from curb return.
4. Electroliers - 25 feet on near side as a vehicle
approaches, and 25 feet desirable on far side, but
the far side distance may be reduced to 20 feet if
needed.
5. Storm drains, sanitary sewers, and gas lines - 5
feet.
6. Water, telephone, and electrical mains - 5 feet.
7. Water, telephone, and electrical services - 2 feet.
dd. Deep root planter shall be required for all trees
adjacent to curbs, sidewalks and bike paths, to the
satisfaction of the City Engineer.
ee. Landscaping shall be in accordance with City Ordinance
No. 2389 (Water Conservation), or whatever regulation
in effect at the time of construction.
Open Space
ff. The Improvement Plan shall include appropriate
landscaping and equipment for the two open space areas.
The open space area adjacent to the Marina Village
Parkway entry shall be developed for recreation use with
appropriate paths and seating areas. The open space
parcel adjacent to lot 97 shall be developed for use for
children's active play with appropriate play equipment,
seating areas and landscaping.
Bureau of Electricity
gg. The subdivider shall provide all necessary underground
substructures, including conduits, pull boxes,
transformer pads, etc. per the Bureau of Electricity
specifications. The Bureau will require easements for
all transformers, primary and secondary boxes, and
conduits.
hh. The subdivider shall be responsible for the cost of the
Bureau's assigned inspector during construction.
ii. The subdivider shall furnish easements for all Bureau-
required facilities, including above-ground transformers,
that are not in the public utility right-of-way.
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jj. The Bureau will take over ownership and will be
responsible for maintaining all new substructures for
undergrounding primary and secondary circuits, and
distribution transformers once the improvements have been
inspected and found to have been properly installed. The
subdivider or successor property owners shall be
responsible for the service cables and service equipment.
kk. The subdivider shall be responsible for all expenses
involved in the duct system engineering design, plan
check, and electrical construction inspection.
11. The Bureau's design for the new development may require
conduits to cross the existing railroad tracks. The
subdivider shall be responsible for procuring the
necessary easements for said crossing.
Sanitary Sewers and Storm Drains
mm. The sanitary sewers and storm drains shall be designed to
the satisfaction of the City Engineer.
nn. Main sanitary sewer lines shall be a minimum of 8" in
diameter.
oo. Public storm drain lines shall be a minimum of 12" in
diameter.
pp. Manholes shall be required at tract boundaries to
differentiate public/private facilities.
qq. The distance between storm drain manholes shall not
exceed 350 feet.
rr. The distance between sanitary sewer manholes shall not
exceed 350 feet for 8" and 10" pipes, and 450 feet for
12" pipe and larger.
ss. Pumps in sewage lift stations shall be submersible, quick
disconnect, vertex impellers to the satisfaction of the
City Engineer.
tt. Two-way property cleanouts shall be installed at all
house laterals.
East Bay Municipal Utilities District
uu. The subdivider shall be responsible for a water main
extension to serve the project, whose design shall be
shown on the Improvement Plan to the satisfaction of the
East Bay Municipal Utilities District and the City
Engineer.
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Fire Prevention Bureau
vv. The subdivider shall be responsible for the placement of
a maximum of nine (9) hydrants. The fire flow for the
development shall be 2500 GPM from any two hydrants with
a minimum flow of 1200 GPM from any one hydrant.
Placement shall be shown on the Improvement Plan and
shall be to the satisfaction of the Fire Chief.
ww. All streets and courts within the development shall be
marked as fire access roads. Parking shall only be
permitted within designated parking areas.
Improvements Completed
xx. Prior to the recordation of the Final Map, all necessary
improvements shall be constructed, inspected and found to
be in accordance with the approved Improvement Plan or
the subdivider shall enter into subdivision agreements
with the City and post sufficient bonds to guarantee
construction of improvements. A separate agreement and
bond shall be required for installation of ,the
landscaping of the streets and common areas as well as a
minimum two year maintenance period from approval of
landscape installation.
Molar Copy of Final Map
yy. The subdivider shall post a sufficient bond for a mylar
copy of the Final Map.
EASEMENTS
5. Open space parcels within the subdivision shall be restricted
by non - development, private open space easements.
6. Prior to the recordation of the Final Map, the subdivider
shall provide proof that all easements required to be
abandoned have been abandoned, or that all arrangements are in
place to accomplish the necessary abandonment.
LOT NUMBERING
7. The lot numbers on the Final. Map shall correspond to the lot
numbering on the approved Tentative Map.
MITIGATION MONITORING PROGRAM
8. Prior to the issuance of any building permit for the site, the
subdivider shall be responsible for contributing on a pro rata
basis to the cost of the Mitchell /Mosely Roadway and
Tinker /Tynan Roadway extensions. The subdivider's share of
the total cost is based on the project's PM peak hour traffic
increase at the Atlantic Avenue and Webster Street
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intersection. The subdivider's share has been determined to
be 0.4% which would be a cost of $21,200. The subdivider
shall pay this amount to the City, as adjusted from September
1996 (date of provision of estimate from City Engineer) to the
date of payment by the Engineering News Record Construction
Cost Index for the San Francisco/Bay Area. Alternatively, the
subdivider may work with the Public Works staff to arrange
payment schedule acceptable to Public Works.
9. Prior to the issuance of any building permit for the site, the
subdivider shall contribute $650,000 into the Marina Village
Assessment District 89-1 for needed traffic controls at
Atlantic Avenue/Challenger Drive and at Marina Village
Parkway/Challenger Drive.
10. Prior to the issuance of any building permit for the site, the
subdivider shall submit a plan for approval by the City
Engineer which shows modification of the median at the Marina
Village Parkway entry into the site.
11. Prior to the issuance of any building permit for the site, the
subdivider shall submit a plan for approval by the City
Engineer for required site improvements, including crosswalk's,
stop signs, pavement markings and wheelchair ramps. This
shall be submitted as part of the Improvement Plans.
12. Prior to the issuance of any building permit for the site, the
subdivider shall pay to the City of Alameda the cost of a bus
shelter to be installed at the existing bus stop on the south
side of Marina Village Parkway east of Constitution Way within
the existing right-of-way. In order for the bus shelter to be
installed, the subdivider shall move the bus stop
approximately 100 feet further east to the next luminaire.
PLANNED DEVELOPMENT AMENDMENT
13. Prior to the recordation of the Final Map, all conditions of
approval of Planned Development Amendment, PDA-96-5,
pertaining to subdivision improvements shall be satisfied.
DEVELOPMENT AND DISPOSITION AGREEMENT
14. Prior to the recordation of the Final Map, the subdivider
shall have entered into a Development and Disposition
Agreement with the Community Improvement Commission.
CONDITIONS, COVENANTS AND RESTRICTIONS
15. In conjunction with the Improvement Plans, the subdivider
shall submit a copy of the proposed Conditions, Covenants and
Restrictions (CC&R's) which provide for the maintenance of all
common facilities, such as streets and utilities, not accepted
for maintenance by a public agency, and include an easement to
the Homeowners' Association for maintenance of landscaping
along the streets, cul-de-sacs, open space and City owned
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property along Atlantic Avenue, perimeter fencing and
retaining walls. The CC&Rs shall be reviewed and found
satisfactory by the Planning Director in consultation with the
City Engineer and City Attorney prior to the recordation of
the Final Map.
16. Prior to the application for any building permit for the site,
two copies of the approved CC&Rs shall be submitted to City
Engineer.
CONSTRUCTION
17 During construction, the subdivider 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.
18. Subdivision construction activities shall be subject to the
requirements of the Alameda Municipal Code which restricts
construction to the hours of 7:00 am to 7:00 pm Monday through
Friday and 8:00 am to 5:00 pm on Saturdays.
VESTING
19. The subdivider shall record the Final Map within twenty-four
(24) months of approval, or conditional approval, of the
Tentative Map by the City Council. An extension of time, not
to exceed an additional twelve (12) months, for the filing of
the Final Map may be granted by the City Council providing
written application is made by the subdivider prior to the
expiration of the approved or conditionally approved Tentative
Map. '
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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 1st
day of October , 1996, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Lucas
and President Appezzato - 4.
NOES: None.
ABSENT: None.
ABSENTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 2nd day of October , 1996.
Dia e B. Felsch, City Clerk
City of Alameda