Resolution 13070CITY OF ALAMEDA RESOLUTION NO.13070
ESTABLISHING AN INTERIM LEASE PROGRAM FOR FLEET INDUSTRIAL
SUPPLY CENTER
WHEREAS, the City of Alameda has established in the G (Special Government Combining)
zoning district procedures for Interim Lease Programs for lands owned by the United States or State
of California which are no longer used for a Federal or State government purpose; and
WHEREAS, pursuant to Section 30 -4.17 (c), the Interim Lease Program shall apply to a
specific parcel or parcels, shall specify permitted land uses consistent with the underlying zoning
district, and shall specify the maximum time frame for which an Interim Use Permit may be granted;
and
WHEREAS, the City will review individual Interim Use Permits for their environmental
mpacts and their compliance with tennis of the interim lease; and
WHEREAS, the United States Navy has announced that the Fleet Industrial Supply Center
is available for non - military uses, and the City will enter into a master lease with the Navy to allow
for interim use of the property; and
WHEREAS, the City of Alameda wishes to encourage the economic development of the
Fleet Industrial Supply Center in a manner that will advance the public health, safety, and welfare;
and
WHEREAS, the Fleet Industrial Supply Center is zoned M -2 -G, General Industrial
Manufacturing), Special Government Combining District; and
WHEREAS, the intent of the M -2 District is that it be applied in areas suitable for the least
restricted use of land within the City and that the restrictions applied shall be those necessary for the
public health, safety, and general welfare; and
WHEREAS, the interim uses allowed under this Interim Lease Program would conform to
the adopted Community Improvement Plan (CIP) for the Business and Waterfront Improvement
Project and General Plan policies incorporated by reference within the CIP; and
WHEREAS, the City Council has approved a Mitigated Negative Declaration and Finding
of No Significant Impact (IS- 96 -10) and a Mitigation Monitoring Plan for an Interim Lease Program
for the Short-Term Reuse of the Fleet Industrial Supply Center; and
WHEREAS, interim uses consistent with the Interim Lease Program may be allowed, subject
to a Use Permit, if the following additional findings can be made:
The interim use is approved for a limited time, not to exceed the maximum time frame set
forth in the interim leasing program criteria.
2. The interim use utilizes existing facilities and does not require substantial new development.
3. The interim use will not disrupt on -going operations of the governmental entity should the
interim use occur concurrent with continuing operations by a governmental entity.
4. The interim use will not be detrimental to the ultimate redevelopment of the property or the
potential resumption of use of the property by the governmental agency.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts an Interim
Lease Program for the Fleet Industrial Supply Center, subject to City Council approval of Master
Leases for the U.S. government for the Alameda Facility and Alameda Annex.
BE IT FURTHER RESOLVED that all uses permitted in the M -2 District shall be permitted
under interim leases, with the following exceptions:
Uses which consume large quantities of water, such as breweries, food processing and
manufacturing, the slaughter of animals, canning operations, and dairy product processing
and manufacturing, because of the limited water supply system on Naval Air Station
Alameda.
2. Large -scale uses, such as airports and ferry terminals, that may pose safety hazards or that
already exist nearby.
BE IT FURTHER RESOLVED that all Interim Use Permits issued under the Interim Lease
Program shall be subject to conditions and restrictions as applicable, including but not limited to the
following:
Excluded Buildings and Parcels: All buildings and parcels within the Fleet Industrial Supply
Center (Alameda Facility and Alameda Annex) shall be potentially available for interim
lease, with the following exceptions as specified in the Finding of Suitability to Lease: the
former dental laboratory in Building 6 (Parcel 16); Building 13 (Parcel 10); and Parcel 12.
(The parcel numbers are identified in Figure 3 on page 29 of the Initial Study.) Additionally,
all of Building 6 shall be excluded from interim lease. Maritime uses of existing piers shall
be subject to approval of such uses in the Master Lease for the site.
Lease Term: Each interim use may be approved for a period not exceeding ten (10) years
or the term of each interim lease, whichever is shorter. The term of an interim use shall
begin from the date of approval of each Interim Use Permit. Extensions beyond the
approved term may be permitted upon reapplication for an Interim Use Permit with
appropriate application and fees and may be subject to subsequent environmental review.
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3. Contingent on Approval. Approval is contingent upon approval of the Master Lease between
the City and the U.S. government for the FISC site.
Vesting. Each Interim Use Permit shall terminate one year from the date of Planning Board
approval unless: 1) valid building permits have been obtained and construction commenced
prior to the expiration date; 2) if a building permit is not required, approved occupancy of
the building and premises have occurred; or 3) prior to the expiration date, an extension is
applied for by the applicant and granted by the Planning Board.
5. Limitations on Number of Employees. There shall be no more than a total of 1,800
employees at the FISC site: 700 at the Alameda Facility and 1,100 at the Alameda Annex.
City staff shall review the current number of employees as part of the annual monitoring
program and shall recommend revisions in the ILP to the Planning Board, if deemed
appropriate.
6. Traffic Study. All interim users with 100 or more employees shall conduct a traffic study,
which may result in the conduct of additional environmental review.
7 New Development: No substantial new construction or development shall be permitted,
except for minor building additions or alterations, construction of small, prefabricated
structures, seismic upgrading, or improvements to comply with Unifoini Building and Fire
Code requirements. Any substantial alterations, additions, excavations, improvements, or
installations shall obtain prior written consent of the United States government and the
Planning Director.
8. Mitigation Measures: All interim uses shall be subject to the mitigation measures specified
in the Mitigation Monitoring Plan (MMP), attached as Exhibit "A" to Resolution No.
adopting the Mitigated Negative Declaration and Mitigation Monitoring Plan for
Establishment of an Interim Lease Program at the Fleet Industrial Supply Center (MMP).
9. Monitoring Costs: Each interim user shall reimburse the City for a proportionate cost of City
staff time and any related costs for implementing the MMP, including but not limited to
annual traffic monitoring and monitoring for compliance with the Urban Runoff Program.
Proportionate costs and payment schedule shall be determined by the Planning Director, with
consultation with the Public Works Director.
10. Excavation: There shall be no substantial digging, excavating, or other disruption of
flooring, soil, sediment, or pavement, other than minor repairs of pavement, or minor
trenching required for infrastructure maintenance or improvement to support activities within
existing structures. (Refer to MMP, Mitigation Measures 3, 10, 11, & 13 for related
conditions.)
11. Building Codes: All temporary improvements shall conform to the Alameda Building Code.
Any proposed use that would be equivalent to the past use as defined by the Alameda
Building Code may be permitted without requiring the use to be modified to comply with
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the requirements of the current Alameda Building Code. If a change in occupancy
classification is proposed, it will be necessary for Building Permits to be obtained for the
change in use and for the use to be modified to comply with the Alameda Building Code
requirements for the new occupancy classification. All interim users shall be required to
conform to minimum standards established by the Americans with Disabilities Act (ADA)
for accessibility, unless otherwise approved by the Building Official. (Refer to MMP,
Mitigation Measure 2 for related condition.)
12. Fire Codes: Interim uses shall comply with the requirements of the City of Alameda Fire
Chief including but not limited to fire :access lanes, assembly limitations and storage of
flammable chemicals.Emergency access to the Coast Guard housing shall be maintained until
the City's Main Street pump station project is completed. (Refer to MMP, Mitigation
Measures 9 & 16 for related conditions.)
13. Hazardous Materials: The storage and handling of all hazardous and toxic materials shall
meet the requirements of the Alameda Fire Department. No outdoor storage of hazardous
materials shall be allowed, except for compressed gases, vehicle fuel, or propane in approved
tank storage or dispensers. No article: :Dols; rquipment, or devices containi ,adioactive
material or polychlorinated biphenyls (PCBs) may be brought onto the site. There shall be
no storage of ammunition or explosives on the site. All tenants and contractors shall be
notified of all conditions of the Finding of Suitability to Lease (FOSL). (Refer to MMP,
Mitigation Measure 12 for related condition.)
14. Police Review: The Police Department shall review each interim use for public safety
concerns. Appropriate conditions, such as provision of watch persons, and designation of
access and egress points shall be included as conditions of approval.
15. Exterior Lighting: Each interim user shall specify whether their project will require any
additional exterior lighting. Any alterations to permanent lighting shall be limited to the
lowest intensity consistent with its purpose, and shall be oriented downward and away from
sensitive receptors. New exterior lighting shall be provided only if approved by the Planning
Director.
16. Traffic:
a. Each interim user shall meet the traffic control requirements of the City Engineer and
the Police Department, including designation of routes to be used by trucks. The
interim user shall notify all drivers of the approved routes.
b. Each interim user shall be required to contribute a fair share to the cost of
implementing the deficiency plan for traffic improvements at the SR 260/I -880
interchange. The fair share contribution shall be calculated by the Public Works
director based on monitoring of traffic conditions in the vicinity of the interchange
and the traffic that is expected to be generated by the subject use.
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c. Each interim user may also be required to contribute a fair share cost of improving
the Webster Street exit ramp to Tinker Avenue and other local streets or intersections
that may be directly impacted by the subject use based on monitoring of local traffic
conditions and the traffic characteristics of the interim use. The fair share
contribution shall be determined by the Public Works Director based on traffic
monitoring and the traffic contribution and characteristics of the subject use.
d. The Tinker Avenue entry shall be opened for use by trucks to avoid the U -turn type
movement from southbound Webster Street to northbound Mariner Square Loop. The
interim user shall be assessed afair share of the costs of improving Tinker Avenue
and connecting roadways within the FISC, such as pavement rehabilitation. As a
temporary measure, the City may require the interim user to use other entries to the
FISC, or limit truck trips to non -peak hours.
17. Trip Reduction. All interim users shall promote trip- reduction measures, such as encouraging
transit use and discouraging single occupant parking by employees. Further, based on the
traffic monitoring program (as described in the Mitigation Monitoring Plan for the ILP) and
as determined by the Public Works Director, the applicant may be required to implem ..it trip
reduction measures or programs, install alternative transportation improvements, or
contribute an annual fee per employee for the City to install or implement alternative
transportation improvements or programs.
18. Parking: Interim Users shall submit a parking plan for review by the City Engineer and the
Police Department.
19. Stormwater/Urban Runoff: The City of Alameda Urban Runoff Ordinance (Municipal Code
Sections 18 -21 to 18 -25) regarding storm water management and discharge control prohibits
non -storm water discharges into the storm sewer system.
a. Each applicant shall submit a plan that includes storm water measures for the
operation and maintenance of the project for the review and approval of the City
Engineer. The plan shall identify Best Management Practices (BMPs) appropriate to
the uses conducted on site to effectively prohibit the entry of pollutants into storm
water runoff.
The plan measures shall also include erosion control measures to prevent soil, dirt,
and debris from entering the storm drain system, in accordance with the regulations
outlined in the Association of Bay Area Governments Erosion and Sediment Control
I Iandbook.
Each interim user is responsible for ensuring that all contractors are aware of all
storm water quality measures and implement such measures. Failure to comply with
the approved construction BMPs will result in the issuance of correction notices,
citations, or a project stop order.
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b. Prior to the commencement of any clearing, grading or excavation resulting in a land
disturbance greater than five acres, the interim user shall provide evidence that a
Notice of Intent (NOI) has been submitted to the California State Water Resources
Control Board.
c. All washing and/or steam cleaning must be done at an appropriately equipped facility
which drains to the sanitary sewer. Any outdoor washing or pressure washing must
be managed in such a way that there is no discharge of soaps or other pollutants in
the storm drain. Washwaters should discharge to the sanitary sewer. Sanitary
connections are subject to the review, approval, and conditions of the wastewater
treatment plant receiving the discharge.
d. All loading dock areas must be designed to minimize "runon" or runoff from the
area. Accumulated waste water that may contribute to the pollution of storm water
must be drained to the sanitary sewer, or diverted and collected for ultimate discharge
to the sanitary sewer, or intercepted and pretreated prior to discharge to the storm
drain system. BMPs should be implemented to prevent potential storm water
pollution. Appropriate BMPs to be implemented include, but are not limited to, a
regular program of sweeping, litter control and spill cleanup.
e. All metal roofs, including galvanized, shall be coated with a rust - inhibitive paint.
g.
Trash enclosures and/or recycling areas must be completely covered; no other area
shall drain into this area. Drains in any wash or process area shall not discharge to
the storm drain system. Drains should connect to the sanitary sewer. Sanitary
connections are subject to the review, approval, and conditions of the wastewater
treatment plant receiving the discharge.
All paved outdoor storage areas must be designed to reduce /limit the potential for
runoff to contact pollutants. Bulk materials stored outdoors may need to be covered,
as deemed appropriate by the City Engineer.
h. All landscaping shall be properly maintained and shall be designed with efficient
irrigation practices to reduce runoff, promote surface filtration, and minimize the use
of fertilizers and pesticides which can contribute to runoff pollution.
Sidewalks and parking lots must be swept regularly to prevent the accumulation of
litter and debris. If pressure washed, debris must be trapped and collected to prevent
entry to the storm drain system. No cleaning agent may be discharged into the storm
drain. If any cleaning agent or degreaser is used, washwater shall not discharge to the
storm drains; washwaters should be collected and discharged to the sanitary sewer.
Discharges to the sanitary sewer are subject to the review, approval, and conditions
of the wastewater treatment plant receiving the discharge.
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A structural control, such as an oil /water separator, sand filter, or approved
equivalent, must be installed in the parking lot on the site to intercept and pretreat
storm water prior to discharging to the storm drain system. The design, location, and
a maintenance schedule must be submitted to the City Engineer for review and
approval prior to the issuance of a building permit.,
k. Commercial Car Washes. No washwater shall discharge to the storm drains.
Washwaters should discharge to the sanitary sewer. Sanitary connections are subject
to the review, approval, and conditions of the wastewater treatment plant receiving
the discharge.
Vehicle/Equipment Washes. No vehicle or equipment washing activity associated
with an interim use shall discharge to the storm drain system. Wash areas should be
limited to areas that drain to the sanitary sewer collection system, or the washwater
collected for ultimate disposal to the sanitary sewer. Wash areas must be covered and
designed to prevent " runon" and runoff from the area. A sign must be posted
indicating the designated wash area. Sanitary connections are subject to the review,
approval, and conditions of the wastewater treatment plant receiving the discharge.
Fuel dispensing areas must be paved with concrete extending a minimum of 8 feet
from the face of the fuel dispenser and a minimum of 4 feet from the nose of the
pump island. Fuel dispensing facilities must have canopies; canopy roof downspouts
must be routed to prevent drainage flow through the fuel dispensing area. the facility
must have a spill cleanup plan. the fuel dispensing area must be dry swept routinely.
Dispensing equipment must be inspected routinely for proper functioning and leak
prevention.
n. All on -site storm drain inlets must be labeled "No Dumping - Drains to Bay," using
approved methods.
o. All on -site storm drains must be cleaned at least once a year immediately prior to the
raining season (October 15). Additional cleaning may be required by the City
Engineer.
20. Public Service Fee: All interim users shall be required to pay a public service fee or pay a
fee in lieu of taxes for public services and utilities, as determined by the Public Works
Director.
21.. Solid Waste: Interim uses shall comply with the City's Solid Waste and Recycling
Ordinance for the storage and disposal of solid waste. Each interim user shall use the
recycling services of the City's licensed recycling program, providing adequate space and
support to ensure the program's success. Each interim user shall use best management
practices to reduce the generation of solid waste and to divert as much material as possible
from being deposited in a landfill.
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22. Waste Water: Interim uses shall have connections to the piped sanitary system. Each interim
user shall comply with East Bay Municipal Utility District Wastewater Control Ordinance
No. 311. Interim users shall be responsible for maintenance of the storm drain system
including cleaning of debris from catch basins and for repairs as may be necessary; however,
access to the storm drain system and repair and maintenance work shall be subject to prior
approval by the United States Government.
23. Water Service: Interim uses shall be evaluated to determine whether it is appropriate to
require installation of water meters and backflow preventers. If new plumbing fixtures are
installed, they shall be water conserving. The use of ground water is prohibited. If water
service is provided by the City, the interim user shall pay a service fee, which may be
included in the rent. Bottled drinking water shall be provided for employees, customers, and
visitors.
24. Electricity: Interim users shall obtain approval of a plan for electric service from the Bureau
of Electricity and provide an individual meter, if required by BOE.
25. Compliance with Laws: Interim users shall comply with all federal, state and local laws and
shall file with relevant federal, state and local agencies for required permits. Interim users
shall comply with all conditions of such permits. Material violation of any of those laws in
connection with the use will be cause for revocation of the Interim Use Permit. All required
federal, state, regional, and local permits shall be obtained prior to occupancy.
26. Self - Certification: Each applicant for an Interim Use Permit shall provide information on
any regulatory actions or current investigations involving violation of environmental
regulations, including but not limited to regulations under the Resource Conservation and
Recovery Act, Occupational Safety and Health Act, Clean Water Act, or Clean Air Act that
they have been subject to over the past five years, or certify that the applicant has had no
violations of such regulations for any other uses, activities, or developments over the last five
years. When an applicant has had significant or repeated violations, appropriate conditions
and compliance measures shall be included in the lease with ARRA. ARRA shall have in
place a procedure for screening tenants for past violations, and shall complete this screening
process before the Planning Board acts on the Interim Use Permit.
27. Bay Conservation and Development Commission (BCDC): Interim uses within 100 feet of
the shoreline (measured as the line of highest tidal action) shall obtain approval of a permit
from the BCDC, which has extensive policies addressing the protection of the shoreline, and
avoiding or minimizing bay fill.
28. Maritime Uses. All marinas and other water- related uses shall comply with the City of
Alameda's marina regulations, as set forth in Subsection 30- 4.9c15 of the Zoning Ordinance,
and with Fire Department requirements.
29. No Fishing. Fishing is prohibited at shoreline and pier areas. Multi- lingual signs shall be
posted stating this prohibition.
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30. Signs: Interim uses shall comply with the City of Alameda's Sign Regulations or any
approved Sign Program for signs within FISC.
31 Outdoor Storage. There shall be no outdoor storage of materials or equipment, other than
vehicles in parking lots, unless specifically approved in the Interim Use Permit.
32. Hold Harmless: Interim users shall agree to indemnify, hold harmless and defend the City,
uts officers, agents and employees, from any and all liability or claims that may be brought
against the City arising out of its approval of the Interim Usc Permit, or arising out of the
operation of the business, save and except that caused by the City's active negligence.
33. Revocation: An Interim Use Permit may be modified or revoked by the Planning Board,
pursuant to Alameda Municipal Code Section 30- 21.3.d should the Board determine that: 1)
the use or conditions under which it is being operated or maintained is detrimental to the
public health, welfare or materially injurious to property or improvements in the vicinity; 2)
the property is operated or maintained so as to constitute a public nuisance; or 3) the use is
operated in violation of the conditions of the Interim Lease Program or an Interim Use
Permit.
34. Acknowledgment of Conditions: Interim users shall acknowledge and accept in writing the
conditions of approval set out in the Resolution approving the Interim Use Permit in order
for the Interim Use Permit to be exercised.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of final
action by the City Council plus extensions authorized by California Code of Civil Procedure Section
1094.6.
g:AccAresoifisc2
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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 December , 1998, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President Appezzato - 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 2nd day of December , 1998.
e Felsch, City Clerk
City of Alameda