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Resolution 12863CITY OF ALAMEDA RESOLUTION NO. 12863 UPHOLDING THE PLANNING BOARD'S ADOPTION OF MITIGATED NEGATIVE DECLARATION, IS- 96 -13, FOR PLANNED DEVELOPMENT, PD -96 -3, USE PERMIT, UP -96 -36 AND A DISPOSITION AND DEVELOPMENT AGREEMENT, FOR A PROJECT TO BE LOCATED AT 1916 WEBSTER STREET (SOUTHEAST CORNER OF WEBSTER STREET AND ATLANTIC AVENUE) WHEREAS, an application was made on October 24, 1996 by the Browman Development Company requesting a Planned Development, PD- 96-3, to permit the construction of a 14,000 square -foot Walgreen's Drug Store and a 7,500 square -foot multi - tenant building for retail and food and beverage businesses, southeast of the intersection of Webster Street and Atlantic Avenue. The developer is also requesting a Planned Development approval to establish development standards for the development proposal, which would approve a Signage Program for the site and permit five driveways and Use Permits to permit (1) 24 -hour operation of the Walgreen's and a portion of the multi - tenant building and (2) an unenclosed (outdoor) seating for proposed food and beverage businesses. The site is composed of three parcels of approximately 3 acres. Within the site development area is a 0.10 -acre parcel owned by the East Bay Municipal Utility District (EBMUD); and WHEREAS, the application was accepted as complete on January 29, 1997; and WHEREAS, the subject property is designated as Community Commercial and Parks and Public Open Space on the General Plan Diagram; and WHEREAS, the subject property is located in a M -1 -PD, Intermediate Industrial (Manufacturing), Planned Development Zoning District; and WHEREAS, the project is located within the boundaries of the Business and Waterfront Improvement Project and designated is for Commercial Uses and the West End Community Improvement Plan and is designated for Mixed Use; and WHEREAS, the Planning Board held a public hearing on February 24, 1997 to consider Mitigated Negative Declaration, IS- 96 -13, and upon due consideration adopted the Mitigated Negative Declaration; and WHEREAS, an appeal was made on February 25, 1997 by Edward H. Clark to the City Council of the adoption by the Planning Board of the Mitigated Negative Declaration; and WHEREAS, the City Council held a public hearing on this appeal on April 1, 1997, and has examined pertinent maps, drawings and documents; and WHEREAS, the City Council finds that there is no merit to the bases of the appeal based on Staff's response to the bases as set out in the Staff Report prepared for the April 1, 1997 City Council meeting; and WHEREAS, the City Council denies the appeal filed by Edward H. Clark and upholds the decision of the Planning Board to adopt the Mitigated Negative Declaration (IS-96-13) and the attached mitigation monitoring program (Attachment "A"); and WHEREAS, the City Council of the City of Alameda makes the following findings: 1. The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below 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 pre- history because the site is covered with a combination of pavement, gravel, and remaining buildings formerly used for manufacturing operations; therefore, there is no identified area which is habitat for rare or endangered species, the project is within the scope of use contemplated in the General Plan, and the project does not have any significant adverse impacts. The Alameda Historic Advisory Board has determined that the building at 1916 Webster Street does not have substantial historic merit, although the site has interest as the location at which hydrogenated peanut butter was invented in 1932 and where "Skippy" peanut butter was manufactured for over 40 years. The placement of a commemorative plaque on the site will mitigate the effects of the project on the building as a place of interest in California history, and avoid significant impacts. 2. The project does not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals because the project is consistent with the goals of the General Plan to provide commercial services at the site and the project will not have any significant adverse impacts. 3. The project does not involve impacts which are individually limited or cumulatively considerable because the described project constitutes all intended changes to project area and is not related to any other project or policy change. 4. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly because the construction of commercial services will enhance the existing residential and community commercial uses within the immediate area. 5. The developer has incorporated all the mitigation measures into the project and the mitigations relating to air quality, transportation and circulation, hazards, noise, and aesthetics either avoid adverse impacts or lessen the potentially significant environmental impacts to less than significant levels. THEREFORE BE IT RESOLVED that the City Council adopts Mitigated Negative Declaration (IS-96-13) and the attached mitigation monitoring program (Attachment "A"). G:\CC\RES0\3IS9613 ATTACHMENT "A" MITIGATION MONITORING PROGRAM for Mitigated Negative Declaration (IS-96-13) for the construction of a 14,000 square foot Walgreen's Drug Store and a 7,500 square foot multi-tenant building with associated parking and landscaping at 1916 Webster Street AIR QUALITY I. Impact Mitigation Measure: The existing structures at the former Bureau of Electricity site (southeast corner of Atlantic Avenue and Constitution Way) contains asbestos. (see also HAZARDS below) Demolition of the structure will require removal of the asbestos by a professional licensed by the State of California to do asbestos-related work. Responsibility: Developer and Public Works Department Actions: II. Impact: Mitigation Measure: 1. The developer shall hire a professional licensed by the State of California to do asbestos-related work for the demolition of the structure. 2. The Public Works Department shall, through the building permit process, ascertain compliance with State Law for demolition of a structure which contains asbestos. The existing East Bay Municipal Utilities District (EBMUD) building on a parcel surrounded by the subject property contains a pump station for sanitary sewer service, and there is a potential for occasional unpleasant odors. The developer shall continue to work with EBMUD to accommodate upgrades to the pumping facility which would lessen the potential odor problem and advise all tenants in the Pad "A" building of the proximity of the project to an EBMUD sewer pumping facility. Responsibility: Developer Actions: 1. The developer shall implement the Mitigation Measures. TRANSPORTATION/CIRCULATION III. Impact: Mitigation Measure: Responsibility: Actions: 1. III. Impact: Based on the Traffic Report which evaluated the traffic impacts related to this project, it was found to have impacts on the left-turn movements from Challenger Drive to Atlantic Avenue would operate at LOS F. Although the majority of the traffic using this intersection would be generated by other uses, analysis indicts that the project-related traffic will constitute four percent of the total intersection volume by the year 2010. Additionally, the project would also contribute to the general traffic congestion of the area. The developer shall contribute a pro rata share of four percent, estimated at approximately $9,000, for needed traffic controls at Atlantic Avenue/Challenger Drive to the appropriate Capital Improvement Project Account; a pro rata share of two percent, estimated at approximately $12,320, for Mariner Square Drive Widening to the appropriate Capital Improvement Account; and a pro rata share of one percent, estimated at approximately $54,000, for the Tinker Tynan Extension to the appropriate Capital Improvement Account. Developer, City Engineer and Public Works Department Prior to the issuance of any final Occupancy Permit for any building on the site, the applicant shall pay the required pro rata cost for the traffic control at Atlantic Avenue/Challenger Drive, the Tinker Tynan Extension and the Mariner Square Widening. 2. The City Engineer shall advise the proponent of the final, .total cost of the pro rata shares. The Central Permits Office shall accept the payment, and advise the Planning Department once the payment has been received. The project proposal provides for a total of five driveways, including two on Webster Street and one on each of the other three roadways which serve the site (Atlantic Avenue, Constitution Way and Eagle Avenue). The applicant also proposes to cut the raised center median on Atlantic Avenue between 2 Mitigation Measure: Webster Street and Constitution Way, to permit left turn movements in and out of the project site at the Atlantic Avenue driveway, which is located centrally along this block of Atlantic Avenue. The developer shall be required to provide directional signs and raised-marker islands (using "bot dots") at the two Webster Street driveways to prevent left turns in and out of the project site, and at the Constitution Way driveway tojprevent left turn movements out of the project site. Responsibility: Developer, City Engineer and Public Works Department Action: Mitigation Measure: 1. The developer shall a provide plan showing the required signs and driveway modifications for review by the City Engineer. This plan shall be submitted prior to the issuance of any building permit for the site. Cost of the signs and raised-marker island ("bot dots"), including construction costs, shall be borne by the applicant. 2. The City Engineer shall review the plan submitted by the applicant and determine whether the plans comply with his requirements. The City Engineer shall advise the applicant and the Planning Department of his decision. 3. City Public Works Staff shall inspect the work upon completion to determine compliance with approved plans. The median along Atlantic Avenue shall be modified in the area of the Atlantic Avenue driveway entry into the site to permit left turn movements in and out of the project site at the Atlantic Avenue driveway, to the satisfaction of the City Engineer. The median along Constitution Way shall be modified in the area of the Constitution Way driveway entry into the site to permit left turn movements into the project site at the Constitution Way driveway, to the satisfaction of the City Engineer. Responsibility: Developer, City Engineer and Public Works Department 3 Action: 1. IV. Impact: Mitigation Measure: Responsibility: The developer shall a provide plan showing the proposed median modifications for review by the City Engineer. This plan shall be submitted prior to the issuance of any building permit for the site. Cost of the median modification, including construction costs, shall be borne by the applicant. 2. The City Engineer shall review the plan submitted by the applicant and determine whether the plans comply with his requirements. The City Engineer shall advise the applicant and the Planning Department of his decision. 3. City Public Works Staff shall inspect the work upon completion to determine compliance with approved plans. Actions: 1. The project contains both a vehicular and pedestrian internal circulation, and is adjacent to a pedestrian oriented shopping area, the College of Alameda and various residential uses. Site improvements, including crosswalks, stop signs, pavement markings (PED XING, STOP) and wheelchair ramps shall be required to provide safe access between the buildings at the site, and shall be to the satisfaction of the City Engineer. Developer, City Engineer and Public Works Department. The developer shall submit a plan for on-site improvements for the entire site, for approval by the City Engineer, which shows required site improvements, including crosswalks, stop signs, pavement markings and wheelchair ramps. This plan shall be submitted prior to the issuance of any building permit for the site. Cost of the site improvements, including construction costs, shall be borne by the applicant. 2. The City Engineer shall review the plan submitted by the applicant and determine whether the plans comply with his requirements. The City Engineer shall advise the applicant and the Planning Department of his decision. 4 HAZARDS V. Impact: Mitigation Measure: 3. City Public Works Staff shall inspect the work upon completion to determine compliance with approved plans. A Phase I & Limited Phase II Environmental Site Assessment was prepared for the project site by Twining Laboratories, Inc., dated August 20, 1996. The Assessment determined that no evidence or indication of Recognized Environmental Conditions was revealed, except for the following: • The known presence of asbestos-containing materials within the warehouse/ office structure on the 1916 Webster Street parcel; and The known presence of gasoline-impacted soil and groundwater remaining on the 1916 Webster Street parcel (Alameda Housing Authority property) beneath the on-site structure, related to the Underground Storage Tank which was removed from this site in 1986; and The presence of hazardous concentrations of soluble lead in soil surrounding the concrete pad on the Bureau of Electricity parcel. Demolition of the building will require removal of the asbestos by a professional licensed by the State of California to do asbestos-related work. Responsibility: Developer and Public Works Department Actions: Mitigation Measure: 1. The developer shall hire a professional licensed by the State of California to do asbestos-related work for the demolition of the structure. 2. The Public Works Department shall, through the building permit process, ascertain compliance with State Law for demolition of a structure which contains asbestos. The applicant shall be required to prepare a site-specific Health and Safety Plan (HSP) with a minimum of Level D personal protective equipment. (Level D refers to the Occupational Safety and Health Administration 5 guidelines for worker safety equipment. Level D is the lowest level of protection for workers at contaminated or hazardous materials sites and includes use of hard hats, coveralls, steel-toed boots, gloves and, where gloves, and where necessary, cartridge-filter- style respirators.) The HSP should describe construction activities and address safety precautions, including dust control, odor control, soil disposal, and protection measures for workers. Environmental Health also requires notification of any changes in current development plans and an updated risk management plan for any future construction or redevelopment. Responsibility: Developer and Contractor Actions: The developer's contractor shall have the Health and Safety Plan available to workers at the site, and shall also make the Plan available to any State Health Department inspector who requests the Plan. Mitigation Measure: Landscaping of the site will be required to use imported soil materials. Responsibility: Developer and Planning Department Actions: NO 1. The developer shall include on the final landscaping plan notes which state that all soils material to the site will be imported. 2. Alternatively, the developer may submit documentation from his environmental consultant to the satisfaction of the Planning Director which identify those areas on the site where it has been determined that the soils do not contain hazardous or toxic materials in any significant quantity which planted without using imported soil materials. 3. The Planning Director shall review any documentation submitted by the developer determine whether the documentation is sufficient to permit use of some of the on- site soils. The Planning Director shall advise the applicant of the decision. VI. Impact: The rear loading dock of the Walgreen's would receive major deliveries about twice a week on 6 Mitigation Measure: average, with potential noise levels near the upper limit permitted by the Noise Ordinance for nighttime activity (nighttime being defined as between 10:00 p.m. and 7:00 a.m.). The proposal indicates that no loading will be planned between 10:00 p.m. and 6:00 a.m. The rear loading dock is located near an existing residential complex. The Walgreen's loading schedule will be required to be revised to be consistent with the Noise Ordinance definition of the nighttime period, so that no loading occurs after 10:00 pm and prior to 7:00 a.m. on any given day. Responsibility: Developer and Planning Department Actions: AESTHETICS VII. Impact: Mitigation Measure: 1. The developer shall install signage at the loading dock of the Walgreen's building advising of the restriction of loading and unloading at the site. 2. Planning Staff shall conduct a site inspection to verify that such signage has been installed. The site is located at a major gateway to Alameda from the approach from the Webster tube, and the City's General Plan encourages landmark structures at prominent locations. Because of existing easements, no permanent structures maybe constructed at the corner of Webster Street and Atlantic Avenue and the parking lot to serve the development is proposed for this location. All parking lot areas shall be developed with a canopy of trees, meeting the parking standards of the Alameda Zoning Ordinance of one tree per four parking stalls. To the greatest extent possible, the developer shall locate trees at locations within the parking areas in a manner consistent with the requirement for a canopy character in the parking lot areas. Street trees shall also be required along Atlantic Avenue, Webster Street and Constitution Way to create a canopy of trees over the street. Exact number of street trees to be planted, species, size and location of trees shall be to the satisfaction 7 Responsibility: Actions: 1. VIII. Impact: Mitigation Measure: of the Planning Director and the City Engineer. Developer, Planning Department, City Engineer and Public Works Department The developer shall submit a final landscaping plan as part of the design review process which shows location, size and species of all trees to be planted in the parking lot and as street trees, for review and approval by the Planning Director and City Engineer. 2. The Planning Director and City Engineer shall review the plan submitted by the applicant and determine whether the plans comply with the requirements. The Planning Director and City Engineer shall advise the applicant of the decision. 3. City Public Works Staff shall inspect the work upon completion to determine compliance with approved plans. The site is currently not used or maintained. The proposed commercial development will require lighting of the parking lots. The type of lighting could impact adjacent residential uses. All on-site lighting shall be downward- directed lighting and shielding to avoid excessive leakage into adjacent residential areas. Responsibility: Developer and Planning Department The developer shall submit plans of lighting fixtures, including pole height and number of lights, for review. 2. The Planning Director shall review the plan submitted by the applicant and determine whether the plans comply with her requirements. The Planning Director shall advise the applicant of the decision. 3. The developer shall install all lighting in substantial compliance with the Photometric Plan prepared by Norberg Engineering, dated November 14, 1996. Actions: 1. 8 4. Planning Staff shall inspect the work upon completion to verify compliance with the Photometric Plan. The developer may be required to modify the on-site lighting and may be required to install additional shielding in order to comply with the Photometric Plan. CULTURAL RESOURCES IX. Impact: The 1916 Webster building is listed on the Alameda Historical Building Study List. The site is associated with the invention of hydrogenated peanut butter by Joseph L. Rosefield, who began manufacturing peanut butter at the site in 1916. The product was sold under the name of "Skippy Peanut Butter". The Alameda Historical Advisory Board recommended the building for the Study List in 1990 specifically for this association, and not for the architectural merit of the building itself. An Historic Resources Inventory survey form was completed for the building in 1989, which describes the history of the building and the Rosefield Packing Company. The Historic Resources Inventory form indicated that the building had interest as the location at which the manufacturing process was developed, but that the question of eligibility for the National Register of Historic Places was difficult to determine. Mitigation Measure: A commemorative plaque identifying the historical significance of 1916 Webster Street in Alameda's industrial history shall be installed at the site. Responsibility: Developer, Planning Department and City of Alameda Actions: g:\pb\reso\browman.mon 1. The developer shall coordinate with the Historical Advisory Board on the design, content and placement of the plaque. 2. The Planning Department shall agendize and prepare appropriate reports and exhibits for review by the Historical Advisory Board. 3. The cost for the plaque and its installation shall be shared evenly by the developer and the City. 4. Planning Staff shall inspect the work upon completion to verify compliance with the requirements of the Historical Advisory Board. 9 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 April , 1997, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt and President Appezzato - 3. NOES: Councilmembers Kerr and Lucas - 2. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of April , 1997. Dianel elsch, City Clerk City of Alameda