Resolution 13208CITY OF ALAMEDA CITY COUNCIL RESOLUTION NO. 13208
REVISING RESOLUTION NO. 13196 MODIkYING PLANNING BOARD APPROVAL
OF PLANNED DEVELOPMENT 99 -4; USE PERMIT UP- 99 -27, AND DESIGN REVIEW
DR 99 -74 FOR AN ASSISTED LIVING FACILITY, A DRY BOAT STORAGE
BUILDING AND FLOATING DOCKS WITH PIERS AT MARINER SQUARE, FOR
AEGIS ASSISTED LIVING AND FOR JOHN BEERY JR./MARINER SQUARE
WHEREAS, an application was made on August 19, 1999 by William Mabry of Aegis
Assisted Living and by John Beery Jr. of Mariner Square Associates, for a General Plan Amendment
GPA 99 -3 to allow nonmaritime use (assisted living) in the M -U -2 Mixed Use area of the General
Plan; Rezoning R 99 -3; Planned Development PD 99 -4; and Use Permit, UP -99 -27 for the boat
storage building and dock reconfiguration, and Design Review DR 99 -74, to allow construction of
a 3 -story 89,000 square foot assisted living facility, a 39,500 square foot, 50 foot tall dry boat
storage building, reconfiguration of parking, expansion of shoreline public access /park area and
installation of floating docks with piers, in the M -2 Industrial and E Estuary zoning districts; and
WHEREAS, the application was determined to be incomplete on September 17, 1999; and
was accepted as complete on December 13, 1999; and
WHE':R AL, the General Plan designation is "M -U -2 Specified Mixed Use" for a master -
planned deveiopmcat; and
WHEREAS, the subject par,:el is located within the boundaries of the Business and
Waterfront Improvement Project (BWIP) Area; and
WHEREAS, the Planning Board and City Council have been advised that, and find that,
subject to meeting City standards and requirements, the proposed uses 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, on February 14, 2000 the Planning Board recommended to the City Council
adoption of a Mitigated Negative Declaration in connection with the project and this Mitigated
Negative Declaration was adopted by the City Council on March 21, 2000; and
WHEREAS, the Planning Board held a public hearing on this application on February 14,
2000 and has examined pertinent maps, drawings, and documents and approved the applications
subject to City Council approval of the Mitigated Negative Declaration, General Plan Amendment
and Rezoning; and
WHEREAS, on February 21, 2000 Mayor Appezzato filed with the City Clerk a call for
review by the City Council for the Planned Development, Use Permit and Major Design Review
together with the City Council hearing on the Mitigated Negative Declaration, General Plan
Amendment and Rezoning; and
WHEREAS, on March 21, 2000 the City Council held a public hearing on the applications,
and has examined pertinent maps, drawings and documents; and
WHEREAS, the City Council has made the following findings regarding the Planned
Development plan approval request:
1. The proposed Planned Development is consistent with the General Plan as
recommended to be amended, to add assisted living use to the permitted maritime and other
compatible uses for the site, which is designated as M -U -2 Specified Mixed Use. The
shoreline area is intended for uses such as the yacht club /marina and shoreline trail and the
Planned Development would reinforce and expand public use for these purposes.
2. The Planned Development is a more effective use of the site than is possible under the
regulations for this zoning district because a Planned Development allows for
consolidation of shared parking and driving aisles for parcels and a comprehensive site
design including building location, parking lot design, landscaping and internal circulation
to use a site which historically has been linked in this manner.
3. The Planned Development will not have a significant adverse effect on adjacent land
uses because the design and improvements are self-contained, while providing trail and
access connections in the larger Mariner Square area.
WHEREAS, the City Council has made the following findings regarding the Use Permit
application for marina uses in the E, Estuary Zoning District, pursuant to Alameda Municipal Code
Section 30 -4.21, including the docking for Commodore Cruises, the boat berths and the docks
related to the dry boat storage:
The location of the proposed use is compatible with other land uses in the area because
this is the historical, use of this property, in a mixed- industrial/commercial section of
Alameda, is compatible with neighboring uses, and is located away from non -marina
residential areas.
2. The proposed use will be served by adequate transportation and service facilities
because adequate on -site parking and transportation facilities have been provided; and
because on -site traffic- generating uses would be reduced by the project, providing additional
traffic capacity in this area including the Webster -Posey Tubes.
3. The proposed use, if it complies with all conditions upon which approval is made
contingent, will not adversely affect other properties in the vicinity because all properties
in the vicinity are of similar or compatible uses; and because the site is over 1,000`, feet from
non - marina residential areas.
4. The proposed use favorably relates to the General Plan. Staff analysis indicates that the
proposal favorably relates to the General Plan subject to approval of the requested
amendment. The site is designated as "M -U -2 Specified Mixed Use" on the Land Use
diagram and this category is implemented through the development plan prepared by the
applicant, as amended by the requested General Plan change.
5. The development will not create any additional impairments to navigational safety in
the Channel because the proposed dock reconstruction and boat storage /marina would not
extend substantially past the existing dock's relationship to the Estuary Channel and will not
extend past the Channel line.
6. The development will not create additional visual impairment because the proposed boat
storage building would be partly screened from Jack London Square and the Estuary by
existing structures and marina, and because the buildings would replace existing offices and
the site of a metal tank of similar height and bulk which have been located on this site.
7. The development is consistent with the aviation safety requirements of the General
Plan because the Airport Land Use Commission (ALUC) staff has advised that regulations
are not in effect for Mariner Square. On December 8, 1999 the Airport Land Use
Commission removed references to Naval Air Station Alameda from the Comprehensive
Land Use Plan.
8. The proposed uses are water - dependent and are consistent with the public trust because
a boat storage building and marina are water dependent and fulfill a purpose of the public
trust, to provide marine access to the public.
9. The proposed uses will not cause degradation to water quality in the Channel or water-
related habitat because the applicant is required by the City to follow Best Management
Practices with regard to chemical use and site drainage.
WHEREAS, the City Council has made the following findings regarding the Design Review
for the boat storage building and site, restaurant, office, marina and shoreline park:
1. The project will have no significant adverse impacts on persons or property in the
vicinity because the design of the boat storage building and marina improvements, as
modified by conditions of this approval, will relate to existing and planned on -site
improvements, including to the business /office park portion of the Catellus proposal for the
former Fleet Industrial Supply Center and to Jack London Square in Oakland.`
2. As conditioned, the project will be compatible and harmonious with the design and use
of the surrounding area because the additional building and marina improvements as
modified by conditions of this Resolution would extend an historical trend for marine use
of this vicinity, and because the setbacks, building shape and building volume relate to
marine structures along the Estuary as well as to Jack London Square in Oakland and to the
Catellus business /office park proposal for the former Fleet Industrial Supply Center.
3. As conditioned, the project is consistent with the City of Alameda Design Review
Guidelines because the materials, surfaces and shapes relate to nearby marine- related
structures, the building will have volume and height elements similar to existing and planned
maritime and business park structures in the vicinity, and that as conditioned the building
will have architectural treatment to minimize the visual impacts of this large metal building.
WHEREAS, the City Council has made the following findings regarding the Design Review
for the Aegis assisted living building and site improvements:
The project will have no significant adverse impacts on persons or property in the
vicinity because the design of the assisted living facility and landscaped grounds compare
well to other structures and landscaping in the vicinity, and promotes efficient low- impact
use of a portion of Mariner Square which previously was occupied by higher impact uses.
2. As conditioned, the project will be compatible and harmonious with the design and use
of the surrounding area because the building and improvements will have setbacks,
building shapes and characteristics which relate to structures in Mariner Square and to
buildings in Jack London Square in Oakland.
3. As conditioned, the project is consistent with the City of Alameda Design Review
Guidelines because the materials, surfaces and shapes are similar to nearby restaurants in
Mariner Square and to buildings in Jack London Square in Oakland.
THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby
sustains Planning Board approval, and the City Council approves Planned Development PD 99 -04;
Use Permit 99 -27, pursuant to Alameda Municipal Code Section 30 -4.21 for marina improvements
in the E (Estuary) Zoning District, and Design Review DR 99-74, subject to the following:
PLANNED DEVELOPMENT/DESIGN REVIEW: GENERAL CONDITIONS
1. Required Approvals. The approval of the Planned Development, Use Permit and Design
Review shall be of no force and effect unless and until the Mitigated Negative Declaration,
General Plan amendment GPA 99 -03 and Rezoning R 99 -03 and the General Plan
Amendment and Rezoning are in effect.
2. Approved Plans. The assisted living facility is approved, pursuant, to plans titled "Aegis
Assisted Living Facility" prepared by J. Parsons Design, dated August 18, 1999, in 6 sheets;
and the boat storage use and marina are approved pursuant to plans titled "Mariner Square
Proposed Boat Storage," prepared by Peter Braun architect, dated March 10, 1997, consisting
of 5 sheets marked, with color and materials boards, which together are marked Exhibit "A;"
and a traffic study "Trip Generation, Parking Use Requirements and Impact to Transit --
Proposed Aegis Assisted Care Facility," prepared by Crane Transportation Group, dated
October 11, 1999, consisting of 9 pages, which is marked Exhibit `B," all Exhibits on file
with the City of Alameda Planning Department, except as the project modified by the
following conditions:
3. Vesting. The Planned Development and Use Permit approvals shall terminate one (1) year
from March 21, 2000 unless use in reliance upon valid permits has begun, or the applicant
applies for and is granted an extension prior to said expiration. Design Review approval
shall terminate six (6) months from March 21, 2000 unless use in reliance upon valid permits
has begun or the applicant applies for and is granted an extension prior to said expiration.
4. Compliance with Laws. The applicant shall comply with all federal, state and local laws.
Material violation of any of those laws in connection with the use will be cause for
revocation of this permit.
5. Hold Harmless. The City of Alameda requires as a condition of the Planned Development,
Use Permit and Major Design Review approval that the applicants or their successors in
interest defend, indemnify, and hold harmless the City of Alameda, its officers, agents and
employees, from any claim, action or proceeding against the City or its officers, agents and
employees to attack, void, or annul an approval of the City concerning the subject property,
which action is brought within the time period provided for in the Government Code Section.
The City of Alameda shall promptly notify the developers of any claim, action or proceeding
and the City shall cooperate fully in the defense. If the City fails to promptly notify the
developers of any claim, action or proceeding, or if the City fails to cooperate fully in the
defense, the developers shall not hereafter be responsible to defend, indemnify or hold
harmless the City.
6. Planning Department Inspection. The site shall be inspected by the Planning Department
staff and found in compliance with all conditions and plans prior to issuance of any
Certificate of Occupancy. The applicant should allow 3 working days notice to the Planning
Department for this inspection.
7. Easements. Prior to issuance of building permits, the applicants shall secure:
a nonexclusive easement for access across the Cal Trans property recorded to the
satisfaction of the Planning Director. Aegis shall have the right under the recorded
document to assume responsibility for fulfilling any obligations of applicant Mariner
Square Associates or its successors in interest in the event of default; or shall have
a separate recorded nonexclusive access easement; or
if approved by the Planning Director, the recording of an agreement that should the
right to cross the Cal Trans parcel be ended for whatever reason, all uses of the site
shall have their City Certificate of Occupancy revoked for nonaccess, until such time
that the applicants have provided a substitute access acceptable to the Planning
Director.
easement for public access to the expanded shoreline park and to the public trail
across the property. The public trail shall be of a width and improvement to serve
both bicycles and pedestrians, to the satisfaction of the Planning Director. The
easement shall reflect the requirements of Conditions # 22.
8. Parcelization. Division of the site into two separate lots shall be consistent with this Planned
Development approval. This may be done by lot line adjustment if there are now two legal
lots, or by parcel map if there is only one legal lot.
9. Acknowledgment of Conditions. The applicants shall acknowledge in writing all of the
conditions of approval and must accept this permit subject to those conditions and with full
awareness of the provisions of Chapter 30 of the Alameda Municipal Code in order for this
Use Permit to be exercised.
10. Noise. Construction noise impacts shall be minimized by restricting construction activities
to the daytime hours specified by the Alameda Municipal Code. The current provisions limit
construction to Monday through Friday, between 7:00 a.m. to 7:00 p.m., and 011 Saturday
between 8:00 a.m. to 5:00 p.m., with no Sunday construction. In construction of the marina
improvements, no construction of dock pilings shall occur during mid -day lunch hours, from
11:30 a.m. to 2:00 p.m. or after 5:00 p.m. to avoid impacts on adjacent restaurant businesses.
a) To reduce noise emissions from pile driving, the applicant shall submit a plan for
Building Official approval, and shall implement the plan, to either a) surround the
area with a pile driver shield or b) use hydraulic or vibratory pile drivers.
In addition, prior to construction the applicants' contractors shall meet with Barnhill
and other nearby marina harbormasters and representatives of occupants, as well as
managers of restaurants and offices in adjacent areas, to discuss noise related issues.
The meetings shall inform interested persons of the schedule for severe noise -
generating construction activities, and a process for interested persons to provide
feedback to the applicant's disturbance response coordinator.
The applicant shall provide temporary relocation for occupants of any houseboat or
liveaboard within 300 feet of the pile driving activity for the project, to the
satisfaction of the Planning Director.
11. Lighting Limitations. All lighting shall be shielded, downward directed and have a
maximum average brightness of between 2 and 3 footcandles. The final lighting plan shall
be subject to review and approval by the Planning Board prior to issuance of building
permits.
12. Affordable Housing. The project shall comply with the City's Affordable Housing/Unit Fee
requirements by either providing the required number of affordable housing units or by
payment of an in -lieu housing fee.
13. Marsh Crust. The applicant shall submit a written plan for protection of the marsh crust for
review and approval prior to issuance of building permits. Shoreline areas of Mariner Square
may have a subsoil layer of hydrocarbons and other hazardous materials accumulated from
past spills. Pile driving to support foundations of structures or piers shall be conducted
pursuant to the City's guidelines for puncturing the marsh crust, in order to minimize
hazardous material leaks to Estuary waters or to the land surface.
14. Construction Soil Control. The project applicant shall prepare and implement a construction
dust mitigation plan. An appropriate dust mitigation plan shall, at a minimum, include the
following basic measures:
a) Water all active construction areas at least twice daily;
b) Cover all trucks hauling soil, sand, debris and other loose materials, or require all
trucks to provide at least two feet of freeboard (space below its undercarriage);
c) Pave, apply water three times daily or apply appropriate, non -toxic soil stabilizers on
all unpaved access roads, parking areas and staging areas;
d) Use water sweepers daily on paved access roads, parking areas and staging areas;
e) Use water sweepers daily if visible soil material appears on adjacent streets; and
f) Water or cover stockpiles that can be blow by wind over 15 miles per hour and
complete landscaping at the earliest possible date as directed by the City Building
Official.
15. Soil and Surface Water Management Plan. Fill and other materials excavated during utility
trenching, pre- drilling for pile - driving, surface clearing and preparation shall be stockpiled
on site, over 100 feet from the Estuary or Mariner Square Drive, and covered with 10-
millimeter or thicker plastic sheeting to prevent runoff or discharge of affected soil, water
or dust. Depending on weather conditions, containment structures or devices may be
required.
a) In order to prevent possible exposure to soil -based hazardous materials, re -used fill
materials shall be fully covered with buildings, paving or landscaping. Where re-
used fill materials are covered with landscaping, a one -foot minimum thickness layer
of clean imported fill shall be provided and any existing fill material shall be covered
in a manner to prevent human exposure from casual contact.
b) In the event that off -site disposal of excavated fill materials is required, the material
shall be tested to determine appropriate means of disposal.
No water runoff discharges to the Estuary are permitted, and runoff to the storm drain
system shall meet water quality criteria set by the San Francisco Regional Water
Quality Control Board (SFRWQCB). If the water discharged to the storm drain
system could exceed 3 mg/liter, a National Pollution Discharge Elimination System
(NPDES) permit could be required.
d) Groundwater from any dewatering activities shall be handled in the same manner as
other site runoff.
e) Trucks and large equipment shall be washed down before leaving the site to avoid
inadvertent, cumulative off. site transport of affected soils.
16. Hazardous Materials/Monitoring Well Closure. Consistent with the recommendations of
Earth Systems Consultants Northern Califomia and subject to approval by the Alameda
County Environmental Health Services agency, the applicant or prime building contractor
shall ensure the completing of the following procedures for closure of existing monitoring
wells:
a) Monitoring wells within the parcels shall be monitored and sampled one time to
confirm the condition of subsurface hydrocarbon levels; and
b) All monitoring wells will be destroyed or sealed after completion of sampling; and
c) On the boat storage site, five wells shall be monitored and sampled for a period of
one year, after which they will be destroyed or sealed; wells located within the
building pad will be sealed before pouring the foundation.
The Site Management Plan, to be approved by the Alameda County Environmental
Health Services Agency may place a limit on tree planting due to future maintenance
workers' access to subsoils. The installation of trees shall require an excavated hole
for each tree which is large enough to contain the root ball when the tree is fully
grown, up to a maximum of five feet in diameter and five feet deep. After placement
of the tree, the hole shall be backfilled with clean soil over the tree's root ball, and
the excavated soils shall be handled consistently with the Soil and Surface Water
Management Plan.
The storage and handling of all hazardous and toxic materials shall meet the
requirements of the Alameda Fire Department.
The applicant will contract with a soils engineer acceptable to the City and to the
Alameda County Health Care Services Agency to study the soils impact and
implement the remediation plan including replacement of the fuel tanks and fuel
lines.
17. Environmental Health and Safety Guidelines for Construction Workers. Guidelines for the
protection of construction workers typically emphasize preventing skin contact of workers
to petroleum - contaminated soils. The Guidelines, which may be imposed by the Alameda
County Environmental Health Service, include: Hazard Communication Training for overall
site safety; implementation of Health and Safety Plans for each contractor; designation of a
site safety officer for worker safety and controlling off -site migration of soil materials;
tailgate health and safety meetings; dust and erosion control measures; and restricting public
access to excavated and/or exposed areas during construction.
a) Personal protective measures are not required unless measured lead levels exceed 600
mg /kg, which is the threshold used by California Occupational Safety and Health
Administration (Cal/OSHA). Pursuant to Proposition 65 (the California Safe
Drinking Water and Toxics Enforcement Act of 1986) and potential intrusion onto
the construction site by the public, certain procedures are recommended to avoid lead
exposure.
b) Additional guidelines for preventing worker exposure to petroleum hydrocarbons
include use of personal protective equipment (disposable overalls, nitrile rubber
gloves, rubber boots and as needed during pile driving, face and eye protection,
collectively referred to as PPE), personal decontamination, checking for combustible
gasses prior to performing "hot work" (i.e. welding), and air quality sampling if
strong odors are detected.
The specific requirements would be set forth in the Health and Safety Guidelines
prepared by the prime contractor. The overall Health and Safety requirements for the
site will be established by the Site Management Plan (SMP) to be approved by
ACEHS.
18. Seismic /Geotechnical. Prior to issuance of building peuuits, the applicant shall be required
to submit a more detailed geotechnical report by a qualified engineer regarding the
foundation of each building and modifications to the marina including docks and pilings.
The geotechnical report shall be satisfactory to the Chief Building Official. The building
permit plans shall be consistent with all requirements of the Chief Building' Official that the
foundations shall be engineered to avoid potential impacts related to seismic hazards.
Consistent with the geotechnical consultant's recommendations, the Aegis building
shall be constructed with at least 14 -inch square precast, prestressed concrete piles
or equivalent or stronger, to a minimum depth of 35 feet.
The piles shall be driven according to the requirements of more detailed geotechnical
investigation approved by the Building Official. Lateral bracing and ties of the
foundation system shall also be provided to reduce lateral spreading.
19. Archaeology. All personnel involved in construction will be informed of the possibility of
encountering archaeological or historical remains. If such remains are encountered, work
in the vicinity will cease until a qualified archaeologist or historian` can be consulted in
conformance with 36 CFR 800 7 procedures as discussed in the Memorandum of
Understanding dated October 1980, signed by FHWA, State Historic Preservation Office and
the Department of the Interior.
20. Bulkhead. Prior to issuance of Building Permits, the condition of the existing shoreline
bulkheads shall be more fully investigated by a qualified consulting engineer, and a written
report summarizing the results of the investigation with any corrective measures shall be
submitted to and approved, by the Building Official, to determine if repairs or reconstruction
may be necessary. Any such recommended restoration shall be completed prior to
occupancy of the Aegis and boat storage building facilities. After restoration, the applicants
shall maintain the perimeter bulkhead in accordance with City standards.
PLANNED DEVELOPMENT/DESIGN REVIEW: Boat Storage Building
Conditions 21 to 29 apply only to the boat storage and marina portion of the project.
21. Development Plan Finalization. Exhibit "A" constitutes the Planned Development site and
construction plan. Construction of any additional structures ` other than signs, and any
additions to approved structures, shall require a Planned Development Amendment and
Major Design Review. On -site signs may be approved with a Sign Permit.
22. Public Access. Public access to and along the shore shall be extended and provided,
including pedestrian and bicycle trail facilities.
a) The design and improvements of the public access shall be as shown on Exhibit "A"
with the addition of the extension of the shoreline trail to the lot boundary with Fleet
Industrial Supply Center (FISC) property to the west. This trail will share a paved
area between the boat storage building and the shore with boat movement equipment.
To ensure the safe movement of boats from the storage building to the hoist, the
applicant may install gates on the public shoreline trail to the east and to the west of
the path of travel for boat movement and to temporarily stop public access during the
time a boat is moved through the trail area.
The maximum time of closure shall be during actual boat movements. These gates
shall not be closed longer than 10 minutes at a time nor for more than 20 minutes per
hour, except that the Planning Director may authorize additional closure time during
up to two peak hours per weekend day. The gate design and signage shall be
included as part of the Building Permit application and shall be to the satisfaction of
the Planning Director and the Planning Board. The applicant may propose alternate
means of ensuring public safety on the shoreline trail during boat movement, which
may be approved by the Planning Director if the alternate means provides for
adequate public protection.
c) Prior to or in conjunction with plans submitted for Building Permits for either
building, the applicant shall submit plans prepared and stamped by a professional
engineer for the public access trail, and for gates if proposed by the applicant. The
trail shall comply with the standards of the Alameda Bicycle Master Plan. The trail
and gate design shall also provide for public safety in crossing the paved area
between the boat storage building and the shoreline where boat movement will occur.
The trail and gates shall be to the satisfaction of the Planning Director.
d) Public access on the shoreline trail may limited to the portion of the site easterly
of the boat storage building until the shoreline trail is constructed and opened on the
property to the west of the site.
e) Public access shall be permitted dawn to dusk.
23. Cumulative Traffic Impact Measures. Prior to issuance of a Building Permit for the boat
storage building, during final Design Review, the applicant shall prepare a written agreement
for review and approval by the Planning Director, that the boat storage facilities, restaurant,
dining cruise and office uses will not exceed the existing conditions level of impact in
Exhibit "B," for traffic generation. The agreement shall provide financial and legal security
satisfactory to the Planning Director and be enforceable by the City of Alameda, with
measures to include, but not be limited to, controls on the number of boats per hour which
may be removed on the site, and the number of dining cruise boat customers who may park
at the site, during the a.m.outbound and p.m. inbound weekday commute hours. The project
must not increase traffic on the Webster or Posey Tubes roadways during the a.m. or p.m.
peak hours in peak directions.
24. Parking Mitigation. Prior to issuance of a Building Permit for the boat storage building, the
Planning Director shall review and approve, and the applicant shall record an agreement that,
in the event that Cal Trans does not renew the lease or otherwise causes the closure of the
parking lot on the leased Cal Trans area for any purpose, the applicant shall be required to
either provide replacement parking for the 44 parking spaces or reduce the uses conducted
on the site to the level accommodated by the available parking. Replacement parking shall
be located within 300 feet of the site. Reductions in use would include scaling back or
terminating the boat storage marina use and/or dining cruises. The replacement parking
and/or reduced use proposal shall be to the satisfaction of the Planning Director.
25. Urban Runoff. The final plans and specifications shall comply with Best Management
Practices of the City of Alameda Urban Runoff Program. Final plans must also show
existing features such as easements and utilities; proposed finished elevations and slopes.
The County of Alameda Health Department shall installed. Pursuant to Section 30- 4.9.15
of the Alameda Municipal Code, the applicant shall not permit sheet flow of storm runoff
into the Bay and estuary. Drainage facilities shall be reviewed by the City of Alameda and
improvements made as required. Appropriate shoreline stabilization will be required.
26. Fire Regulations.
The boat storage building shall have an automatic fire spri nkler system installed to
Alameda Fire Department requirements.
b) Additional fire hydrants, extinguishers and standpipes may be required depending on
the location and fire flow, including one additional fire hydrant at the south end of
the boat storage building.
c) Fire flow will be 3,000 gallons per minute with a minimum of 1,500 gallons per
minute at any one hydrant. Hydrants and piping will be installed to NFPA and Fire
Department requirements.
27. Fueling Facilities for fueling shall provide safety measures of Alameda Municipal Code
Section 30.4.9.15:
a. Any refueling facilities shall be equipped with appropriate containment trays to
prevent petroleum products from spilling onto the ground or into the water. These
trays shall be regularly cleaned.
b. Adequate facilities shall be provided to accommodate disposal of sewage and engine
oil residues without per use cost.
c. The requirements of the Alameda Fire Department shall be met including any
required permits including installed equipment and safety measures shall be met for
the onsite fueling facilities.
d. In addition, the marina shall sell to lessees, at cost, during all regular marina hours,
absorbent materials designed to remove oil from bilge water, as well as provide,
without cost, adequate disposal facilities for petroleum saturated absorbent materials.
Signs shall be prominently posted at each dock access point indicating the
availability of such absorbent materials and disposal facilities, the fine for illegally
dumping petroleum products into the water, and the toll free number for reporting
violations of clean water regulation.
28. Disposal Notices. No unlawful spraying of paint or chemicals shall occur on site, the piers
or the floating docks. Conditions for rental and lease agreements shall include provisions
requiring the termination of such agreements if boat owners are cited for having or are
known by marina operators to have, deliberately discharged petroleum products,
contaminated bilge water, trash or sanitary wastes into marina water. They shall also require
boat owners to remove boats from the water before scraping or painting hulls in a manner
which discharges toxic residues into the surrounding waters.
29. Design Enhancements for Boat Storage Building. The applicant shall submit plans, exterior
colors and materials showing revised boat storage building exterior design detailing
enhancements to add complexity to planes and masses, particularly to the west wall that may
include, but are not limited to, greater building articulation, metal grills, roof notchbacks,
color bands or graphics and landscaping treatments and window details, particularly on the
southern and western sides. The design enhancement should not significantly reduce the
usable volume of the building, or the number of boats which may be stored within the
building. The design shall be reviewed and approved by the Planning Board prior to
issuance of Building Permits.
PLANNED DEVELOPMENT/DESIGN REVIEW: Aegis Site
Conditions 30 to 32 shall apply only to the Aegis portion of the project.
30. Deed Restriction. Prior to issuance of a building permits for the Aegis Building, the
applicants shall record, in a form reviewed and approved by the Planning Director, a Deed
Restriction which requires the property owners to comply with the City Charter /Alameda
Municipal Code provisions (Measure A) restricting conversion or construction of buildings
designed for three or more dwellings per building. This restriction may permit the
conversion of assisted living for frail senior citizens and the disabled to an alternate non-
residential use such as hotel or offices only if a Planned Development Amendment is
approved with provision for additional parking which would be needed for such uses.
31. Cumulative Traffic Impact Measures. Prior to issuance of a Building Permit, during final
Design Review, the applicant shall prepare a written agreement for review and approval by
the Planning Director, that the Aegis assisted living will not exceed the existing conditions
level of impact in Exhibit "B." The agreement shall provide financial and legal security
satisfactory to the Planning Director and be enforceable by the City of Alameda. The project
must not increase traffic on the Webster or Posey Tubes roadways during the a.m. or p.m.
peak hours in peak directions.
32. Noise Abatement in Aegis Building. The design for the Aegis facility shall incorporate
acoustical treatments to meet standards of the General Plan Noise Element, which include
an interior noise limit of 45 CNEL. Construction plans shall be designed using methods
approved by the Planning Director which may include inoperable or closed windows with
a mechanical ventilation system meeting Alameda Building Code requirements provided.
USE PERMIT
33. Use Limitation. This use permit is approved for reconfiguration and expansion of the
marina, for up to 6 dining cruise boats, up to 24 permanent boat slips and for up to 40
transient or guest boats or boats pending on -site storage or removal from storage pursuant
to Alameda Municipal Code Section 30- 4.21.c; no other uses are approved. Outdoor dry -
land storage of boats for over 12 hours is not permitted anywhere on the site. The Planning
Board has determined additionally that the assisted living facility is a permitted use under
the Planned Development, and that a change of use of this building would require an
amendment to the Planned Development.
34. Hours of Operation. The boat storage use may only be operated during the following hours:
6:00 a.m. to one hour after dusk, 7 days per week. The number of boat movements to or
from the shore for the building shall not exceed 10 per hour at peak use and 5 per hour
average during daylight hours, except on weekends. The assisted living facility is a 24 hour
facility.
35. Revocation. This Use Permit may be modified or revoked by the Planning Board or the City
Council upon appeal or call for review, should the Planning Board or City Council upon
appeal or call for review, determine that the proposed uses or conditions under which they
are being operated or maintained are detrimental to the public health, welfare or materially
injurious to property or improvements in the vicinity, or if the property is operated or
maintained so as to constitute a public nuisance, or the applicant does not comply with Use
Permit conditions.
36. Dredging. No dredging is approved under this Use Permit. Dredging requires permits from
the U.S. Army Corps of Engineers and other applicable governmental agency activities.
37. Live aboards. Four (4) liveaboards are permitted which is 10% of the permanent boat slips.
No houseboats are allowed.
38. Use of Multi -Level Boats. No more than six (6) dining cruise or other party-type boats may
be docked at Mariner Square. Such boats shall not exceed a combined seating capacity of
1,100 seats. The applicant shall take administrative measures, to the satisfaction of the
Planning Director, that at least 40% of the boats used at any one time are loaded with
passengers at locations outside of Mariner Square; and of the boats loaded with passengers
in Mariner Square, at least 40% at any one time arrive by bus, water taxi or other non-
automobile transit. Annual reports regarding these monitoring of these measures shall be
provided to the satisfaction of the Planning Director.
39. Docking Multi -Level Boats. In order to maintain clear views from the shoreline, the
applicant will manage the section of the marina lying within the Cal Trans and City lease
property eastward to the Barnhill Marina, so that the boats docked there shall have no more
than 25 percent of the main or freeboard deck of a boat over 40 feet in length may contain
cabins or other superstructures. Masts, antennas, boat hoists and similar structures are
exempt from this requirement. The first enclosed cabin deck shall not measure more than
ten (10) feet above the water line and the permitted portion of a second enclosed cabin deck
shall not measure over ten (10) feet above the first exterior deck for these berths.
40. Chemical Use. No unenclosed spraying of paint or other chemicals shall occur on the land
areas, piers or floating docks. This requirement shall be included in all leases and rental
agre;ment:,. °10 ''oat cleaning or painting shall be allowed on land or in the water.
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 this
decision or final action on any appeals plus extensions authorized by California Code of Civil
Procedure Section 1094.6.
NOTICE. The conditions of project approval set forth herein include certain fees and other
exaction. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and exactions. The applicant is hereby further notified that the 90 day appeal period in which the
applicant may protest these fees and other exactions, pursuant to Government Code Section 66020(a)
has begun. If the applicant fails to file a protest within this 90 day period complying with all the
requirements of Section 66020, the applicant will be legally' barred from later challenging such fees
or exactions.
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 18th day of April , 2000, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor Appezzato - 5.
NOES:
ABSENT:
None.
None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 19th day of April , 2000.
Di .;"`e Felsch, City Clerk
City of Alameda