Resolution 13220CITY OF ALAMEDA RESOLUTION NO. 13 2 2 0
APPROVING TENTATIVE MAP, TM -7179
WHEREAS, an application was made on October 26, 1999 by Catellus Development
Corporation requesting a phased Tentative Map, TM -7179, to permit the subdivision of a
92.1 acre parcel into 483 residential parcels (128 of which are shown in detail and constitute
the first of six phases) plus a five acre park site, four mini -park sites, and an eight acre school
site and associated streets, and open space; and
WHEREAS, the Tentative Map was 'accepted as substantially complete on May 4,
2000; and
WHEREAS, on May 13, 2000, the Planning Board of the City of Alameda
recommended that the City Council adopt a Final Environmental Impact Report, Findings
of Overriding Consideration, and a Mitigation Monitoring and Reporting Program to address
the environmental impacts related to this Project; and
WHEREAS, the subject property has been recommended by the Planning Board for
General Plan designations of Business Park, Medium Density Residential,
Public/Institutional, and Public Open Space on the General Plan Diagram; and
WHEREAS, the subject property has been recommended by the Planning Board for
rezoning to the MX, Mixed Use Planned Development District and a Master Plan for the land
portion of the project site has been recommended for approval with conditions by the
Planning Board; and
WHEREAS, the proposal is consistent with the Business Park, Medium Density
Residential, Public/Institutional, and Public Open Space General Plan designations and the
requirements of the MX, Mixed Use Planned Development District; and
WHEREAS, the subject parcel is located within the boundaries of the Business and
Waterfront Improvement Project (BWIP), and the Alameda Point Improvement Project
(APIP); and
WHEREAS, the City Council has made the following finding:
1.' The City Council has been advised that subject to meeting City standards and
requirements, the proposed General Plan Amendment would substantially
conform to the adopted Community Improvement Plans (CIP) for the
Business and Waterfront Improvement Project (BWIP), as proposed to be
amended, the Alameda Point Improvement Project (APIP) and the General
Plan policies incorporated by reference within the CIPs; and
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WHEREAS, the City Council held a public hearing on this application on May 31,
2000, and examined pertinent maps, drawings, and documents; and
WHEREAS, the City Council made the following findings:
The design of the proposed subdivision is consistent with the General Plan
which is proposed to be amended to specify medium density residential and
public open space use for this site
2. The Tentative Map is in substantial conformance with the land uses, street
sections, development regulations, parking standards, and park and open
space guidelines established in the Master Plan.
3. The site is physically suitable for the proposed planned residential project.
All existing structures relating to the foinier housing project use will be
removed. The site will be graded to accommodate the proposal.
4. 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.
5. The design of the subdivision and proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat. A Final Environmental Impact Report has been
prepared which evaluated the environmental impacts of the Project and, the
Master Plan, which established guidelines with which the Tentative Map
must be consistent, incorporates all the mitigation measures described in the
Final EIR, but will have significant adverse effects on: a) demolition of
existing vacant military housing units; b) health risks from hazardous
materials (if the AUSD does not incorporate mitigations measures); c) traffic
and circulation (if the City of Oakland does not incorporate mitigations
measures); d) regional air emissions; e) generation of solid waste and f)
cumulative regional housing, cumulative traffic and circulation, cumulative
air quality, and cumulative generation of hazardous materials and, therefore,
requires a Statement of Overriding Considerations, as established in the City
Council Resolutions recommending certification of the Final EIR and
adopting findings for the Environmental Impact Report.
6. 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. There are existing easements on
the site including an Alameda Power and Telecom Power Pole Easement and
Transmission Line Easement, a street widening easement for Atlantic Avenue
improvements, and various other utility easements.
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7. 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.
8. The proposed and existing land uses are suitable in relationship to each other.
9. By complying with the Master Plan, the design of improvements on the land
subject to the Tentative Map will be of high quality.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda hereby approves Tentative Map, TM -7179, subject to the following conditions.
ABBREVIATIONS AND REFERENCES
Within this document, the following abbreviations and documents are used and defined as
follows:
Abbreviations
APT: Alameda Power and Telecom
BMP: Best Management Practices
BAAQMD: Bay Area Air Quality Management District
CIC: Community Improvement Commission
CC &Rs: Conditions Covenants and Restrictions
FEMA: Federal Emergency Management Agency
HOA:
MDIGP: Master Demolition Infrastructure Grading and Phasing Plan
RWQCB: Regional Water Quality Control Board
URCWP: Urban Runoff Clean Water Program
Homeowners Association
Documents
EIR: Catellus Mixed Use Development Draft Environmental Impact Report, dated
December, 1999. Final EIR dated April 2000, as approved by City Council
Resolution No.
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• Master Plan: Catellus Alameda Project Master Plan, MP 99 -01, dated April, 2000, as
amended by and approved by City Council Ordinance No.
• DA: Development Agreement, dated May, 2000, as approved by City Council Ordinance
No.
DDA: Disposition and Development Agreement, dated May, 2000, as approved by the
Community Improvement Commission.
• MMRP: Mitigation Monitoring and Reporting Program, dated March, 2000, as approved
by City Council Resolution No.
• Parcel (Disposition) Map, as approved by City Council Resolution No.
GENERAL
1. The Tentative Map shall not be in force and effect unless and until the following
have been approved by the City Council and are in effect:
a) General Plan Amendment GPA 99 -05;
b) Rezoning R99 -04, and
c) Master Plan MP99 -01.
2. All maps filed pursuant to this approval shall be in substantial compliance with the
map titled, " Catellus Tentative Map Tract 7179," prepared by BKF dated April 21,
2000, consisting of 21 pages, marked Exhibit A, and on file in the office of the
Alameda City Planning Department.
3. The following terms and conditions shall be complied with and are hereby
incorporated by reference and are summarized below:
a) The Developer shall comply with all terms and conditions set forth in the
approved Development Agreement (DA), as shown in City Council
Ordinance
b) The Developer shall comply with all terms and conditions set forth in the
Disposition & Development Agreement (DDA), as approved by Community
Improvement Commission.
c) The Developer shall comply with the approved Project' Master Plan, MP 99-
01, as shown in City Council Ordinance _
4. The Developer shall pay for and construct all improvements to private land and
implement any condition/mitigation applicable to private land.
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TENTATIVE & FINAL MAPS
5. There is one Tentative Map which shows six phases of the residential development.
Any future changes to subsequent phases, beyond phase 1, will be accomplished by
a revised or amended Tentative Map as follows:
6. A revised Tentative Map will be prepared if the revisions are technical in nature and
which substantially conform with the approved Tentative Map. A revised Tentative
Map can be conditioned with items of a technical nature and is subject to the
approval of the City Engineer.
7. An amended Tentative Map will be prepared if the revisions do not substantially
conform with the approved Tentative Map. An amended Tentative Map must be
approved by the Planning Board and City Council, similar to the original Tentative
Map.
8. Prior to, or concurrent with, the submittal of each Development Plan, a revised or
amended Tentative Map shall be submitted to the City which incorporates the
approved Tentative Map conditions of approval and incorporates new conditions of
approval on its revised or amended cover sheet, as required.
The first residential final map will create individual phase 1 residential lots, phase
1 street right of way, the neighborhood park site, the school site and transferable, but
non - buildable, parcels for phases 2 through 6.
10. Prior to approval of the first Final Map, City or City's agent, shall complete the Parcel
(Disposition) Map and file it with the Alameda County Recorder's Office.
11. Prior to approval of the first Final Map, a revised Tentative Map shall be submitted
to incorporate the Alameda Datum.
12. Prior to the recordation of each Final Map, all applicable conditions of approval of
the approved Tentative Map, as revised or amended, and Development Plans
pertaining to subdivision improvements, shall be satisfied.
HOLD HARMLESS
13. In the event of any legal action instituted by a third party challenging the validity of
any provision of this Tentative Map, the procedures leading to its adoption, or the
issuance of Project Approvals (including the Subsequent Approvals) for the Project,
Developer and City each shall have the right, in its sole discretion, to elect whether
or not to defend such action, to select its own counsel (and pay for such counsel at
its own expense), and to control its participation and conduct in the litigation in all
respects permitted by law. If both Parties elect to defend, the Parties hereby agree to
affirmatively cooperate in defending said action and to execute a joint defense and
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confidentiality agreement in order to share and protect infoiuuation, under the joint
defense privilege recognized under applicable law. As part of the cooperation in
defending an action, City and Developer shall coordinate their defense in order to
make the most efficient use of legal counsel and to share and protect infouuation.
Developer and city shall each have sole discretion to terminate its defense at any
time. City retains the option to select and employ independent defense counsel at its
own expense. It, in the exercise of its sole discretion, Developer agrees to pay for
defense counsel for City, Developer shall jointly participate in the selection of such
counsel Notwithstanding the provisions of California Government Code Section
66474.9, City shall not require, as a condition for a Tentative Map application or
approval, or any other applications for Project approvals, that Developer defend,
indemnify or hold harmless the City from any claim, action or proceeding against the
City to attack, set aside, void or annul a City approval concerning a subdivision.
DEVELOPMENT PLANS
14. The applicant shall submit applications and plans for a Development Plan for each
phase of the Project for consideration and approval by the City.` Development shall
be reviewed to ensure that subsequent phases are designed to substantially conform
with the phased Tentative Map (including revised and/or amended Tentative Maps)
and Master Plan and their respective conditions of approval, including the Mitigation
Monitoring and Reporting Plan (MMRP), as applicable. For phases 2 through 6, the
Development Plan shall be submitted prior to or in conjunction with the Tentative
Map for that phase. For Phase 1, the phased Tentative Map shall serve as the
Tentative Map, and the Development Plan will be submitted subsequent to approval
of the Tentative Map but prior to the recordation of the Final Map. The Final Map
for Phase 1 shall be in substantial compliance with the Tentative Map and the
Development Plan for Phase 1 as well as compliance with the Master Plan and
Tentative Map conditions of < approval. The Development Plan for Phase 1 shall
include a sign program for subdivision signage and landscaping concepts for the
entire residential development, with particular attention to the landscaping and
soundwall area along Atlantic Avenue.
15. A Development Plan shall be required for each Phase to establish the overall concept
for house site layout, building design and landscaping. The application for
Development Plan process shall provide detailed site plans, building design, and
landscape treatments, location of construction trailers, model homes, subdivision
signage, and park improvements. The applicant shall secure approval of the
Development Plan and the revised and/or amended Tentative Map prior to
recordation of each Final Map which shall be in substantial compliance with these
approvals as well as compliance with the Master Plan and Tentative Map (including
revised and/or amended Tentative Map) conditions of approval and the Mitigation
Monitoring and Reporting Plan (MMRP), as applicable.
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16. Each building phase shall be subject to Design Review. The Design Review process
shall provide for review of architectural design and building facades, building
materials, colors, etc. The Development Plan and Major Design Review process may
occur concurrently, in accordance with the Joint Implementation Agreement.
SOILS REPORT
17. With the submission of each Improvement Plan, the Developer shall submit site
specific geotechnical soil and foundation studies, reports, and recommendations in
regard to underlying soils, future subsidence, consolidation, liquefaction, seismic
safety, water table, marsh crust, 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, The Developer shall
submit supplemental soils reports, as necessary, to clarify localized soil conditions
and requirements for each phase of construction. The soils engineer will review all
field work including, but not limited to, excavation, shoring and trenching.
18. Prior to submission of the Final Map, the Developer shall submit site assessment
report for hazardous materials, site soils and site groundwater if required by third
party regulatory agencies.
IMPROVEMENT PLANS
19. The City's Community Improvement Commission (CIC) shall pay for the design,
construction and maintenance of (and the City will own and maintain) all
improvements to the 5 acre neighborhood park and public open space and backbone
infrastructure (e.g., major roads and utilities) including Tinker Avenue, Fifth Street,
Atlantic Avenue and Mariner Square Loop and intersection improvements at
Webster /Atlantic and Atlantic /Constitution Way.
20. Streets A, B, & C and Streets 1 through 27 improvements, and underground utilities,
are Developer responsibility and obligation and shall be designed and constructed by
the Developer and dedicated to the City at the completion of construction.
21. Prior to the recordation of each Final Map, the Developer shall submit engineered
Improvement Plans (including specifications & cost estimates), for approval by the
City Engineer, with the required infrastructure necessary for phasing of construction
of the project. The Improvement Plans shall include, but not be limited to, all
engineering calculations necessary to substantiate the design of the proposed
roadways, drainage improvements, utilities, traffic control devices, retaining and/or
sound walls, sanitary sewers, and storm drains, pump /lift stations, common area
landscaping and other subdivision improvements.
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22. The Improvement Plans (including specifications and cost estimates) shall be
consistent with the requirements of City Standards, Master Plan MP 99 -01, the
MDIGP, and shall be to the satisfaction of the City Engineer. In the event of a
conflict, the Master Plan MP 99 -01 shall govern. All Improvement Plans shall be
submitted in AutoCAD 2000 fouiiat (as updated) and be consistent with Alameda
standards.
23. The City of Alameda shall review inspect and approve all infrastructure and
improvements on both private and public land. The Developer shall pay for all
review, inspection and approvals required for all non backbone infrastructure, as
defined in the DDA.
24. The Improvement Plans shall identify which utility lines (water, storm drain and
sewer) need to be installed outside of each Phase necessary to serve the Phase area
being developed.
MASTER DEMOLITION, INFRASTRUCTURE, GRADING AND PHASING' PLAN
25. The City or City's agent shall submit applications and plans for a' Master Demolition,
Infrastructure, Grading and Phasing Plan (MDIGP), in conformance with condition
no. 8 of the Master Plan Resolution PB- 00 -41, for the Project as a whole prior to or
in conjunction with the application for the Development Plan for the first phase of
development. The MDIGP shall include the same level of detail as that typically
required for tentative maps, including utilities, infrastructure, public parks, utility
easements, preliminary grading' as well as phasing for the installation' of utilities and
infrastructure. The MDIGP shall define backbone infrastructure required to serve the
Project and shall be coordinated with the Tentative Map for the residential
development to connect major streets and utilities.
26. The MDIGP shall be submitted and approved by all affected utility providers and
approved by the City Engineer prior to the approval of the Development Plan for the
first phase of the Project.
27. The MDIGP shall also include Phasing Plans for all backbone improvements for the
project site. The phasing of improvements shall be consistent with the project
phasing identified on the Tentative Map for Residential Tract 7179.
28. The MDIGP shall also include demolition plans for removal of existing foundations,
utilities and structures on the Project site.
29. Following approval of the MDIGP, the Developer shall prepare Development Plans
and construction level plans for individual phases of the project.
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PROJECT PHASING
30. Phasing for the Residential Tract 7179 shall be designated on the Tentative Map.
Any subsequent changes to the phasing shown on the Tentative Map shall be in
conformance with the terms and conditions of the DDA. Improvements for each
Phase shall be designed and constructed in accordance with the Phasing Plan
included in the MDIGP. Improvement Plans (construction documents) and
construction phasing shall be provided to the City Engineer for each phase of
construction for each phase of the project for the private and public infrastructure,
including sequencing of roadway improvements, prior to approval of each Final Map.
Phasing shall be in substantial conformance with the Phasing Plan attached to the
City Council Ordinance approving the Master Plan, as may be amended consistent
with the Disposition and Development Agreement.
CITY MONUMENTS & SURVEYING
31. Standard City monuments shall be provided at all exterior tract property comers,
angle points and all other control points, to the satisfaction of the City Engineer.
Survey data shall be per Alameda Datum or tied to other City monuments. All
monuments shall be preferably 10 feet from all utility lines. On storm drain lines or
sanitary sewer mains and under special circumstances, the distance may be reduced
to eight (8) feet clear. Where a manhole is in potential conflict, there shall be a
minimum clear space of seven (7) feet between the outside of a manhole cover and
edge of any monument, or to the satisfaction of the City Engineer. All other utilities,
including services, shall be a minimum clearance of five (5) feet All monumentation
shall be in conformance with the final Parcel (Disposition) Map, and metes and
bounds descriptions for property transfer from Navy to City unless resolved
otherwise by the City Engineer.
32. Grading and Improvement Plans shall be based on Alameda Datum and referenced
from City Monuments.
RETAINING WALLS /SOUND WALLS
33. The Developer shall provide, as part of their on -site Improvement Plan submittal,
detailed structural calculations and design details for retaining walls and sound walls
which may be constructed as a part of the Project. ; Walls shall incorporate drainage
features to ensure proper drainage of the site The aesthetic design shall be to
satisfaction of the Planning Director. The structural and drainage design shall be to
the satisfaction of the City Engineer.
34. Engineered retaining wall over 3 feet in height, and sound walls shall be constructed
of approved durable material, to the satisfaction of the City Engineer and Planning
Director. The soundwall along Atlantic Avenue shall be designed to minimize the
visual separation between the Project and adjacent residential areas in the West End.
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GRADING /DRAINAGE
35. Prior to submittal of first phase Improvement Plans, the City or City's Agent shall
submit a Flood Plain Study and delineation map for approval by the appropriate
regulatory agencies.. The studies shall be in conformance with FEMA requirements
and consistent with the MDIGP.
36. A grading plan with appropriate erosion control measures shall be required for each
phase within the subdivision. The grading plan shall show all adjacent properties
sufficient to assure that the proposed grading does not impact adjacent lands and
shall incorporate drainage features necessary to assure continued drainage from
adjacent properties. The grading plan shall be consistent with the MDIGP' and shall
meet all RWQCB requirements.
37. The grading plan shall minimize the need for off haul from the Project site. The
grading plan shall incorporate all elements of the soils report and will include a pre-
and post- consolidation plan. The grading plan shall be prepared to the satisfaction
of the City Engineer.
38. Surface drainage must slope away from each residential building draining to the front
yard at a minimum of one (1 %) percent slope in accordance with the Alameda
Design Criteria and to the satisfaction of the City Engineer.
39. Lot drainage shall be designed to provide a minimum of one percent (1 %) slope after
settlement if future settlement /consolidation is predicted to the satisfaction of the
City Engineer.
40. No drainage across any lot line other than onto streets or common areas shall be
permitted.
41. Minimum gutter grades shall be 0.4 percent and 0.6 percent around curb returns at
intersections.
URBAN RUNOFF
42. Prior to approval of each Development Plan, the Developer shall include details for
site design which meet design requirements of the RWQCB. (See Letter dated April
19, 2000).
43. The Improvement Plans shall include and meet all the necessary requirements of the
Alameda Countywide Clean Water Program and be to the satisfaction of the City
Engineer.
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44. The Improvement Plans shall show planned methods by which entry of pollutants to
the stoini drain system will be reduced. Should these for privately pollution controls
require periodic maintenance, a maintenance plan for privately maintained common
areas shall be developed by the Developer and be incorporated into the Conditions,
Covenants and Restrictions. Specific lot designs approved by Development Plans and
Design Review shall also incorporate these provisions. The Developer shall
incorporate into the Development Plans for each residential phase, URCWP features
to minimize pollutant discharge into the storm drain system.
45. In conjunction with submittal of Grading Plans, the Developer shall file a Notice of
Intent for storm water discharge with the Regional 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 /JOINT UTILITIES
46. All curbs, gutters, and sidewalks within public streets shall be installed in accordance
with City of Alameda standards, except as provided in the approved Project Master
Plan MP 99 -01. No rolled curbs shall be permitted. Curb cuts for individual lots shall
be shown on Improvement Plans. Approval of curb, cuts shall be subject to
maintaining sufficient on- street parking, street trees and landscaping.
47. Sidewalks on publicly maintained streets within the development shall be a minimum
of five (5) feet wide and shall be designed to City of Alameda standards, except as
provided in the approved Project Master Plan MP 99 -01.
48. Privately maintained streets shall provide a minimum width of 36 feet from face -of-
curb to face -of -curb and a minimum of four (4) feet wide sidewalks.
49. The privately maintained road structural section shall be designed per
recommendations in the soils report, to the satisfaction of the City Engineer.
50. Stop signs and markings shall be installed at each privately maintained roadway
entrance onto a publicly maintained street.
51. The public sidewalk, curb and gutter along Atlantic Avenue adjacent to the subject
site shall be repaired and reconstructed by the CIC, as necessary, to City standards
and to the satisfaction of the City Engineer.
52. Residential driveways shall have a minimum thickness of four (4) inches of concrete.
53. Joint trenches under sidewalks shall include telephone, electrical, communication,
television, and gas lines. The trench width and depth shall meet the standards of the
utility companies and the City Engineer.
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54. Water lines shall be installed in accordance with the requirements of the East Bay
Municipal Utility District and to the satisfaction of the City Engineer.
55. All utilities shall be installed underground, except as required by appropriate utility
providers. Clearances between utility mains, sewers, structures or other objects shall
be to the satisfaction of the City Engineer.
56. Wheelchair ramps shall be required on sidewalks where curb corners meet streets.
57. Driveways shall be located as far from intersections as possible and located on
improvement plans.
58. Pedestrian extensions are not allowed at intersections of major street to major street.
Major Streets, within the residential area, are identified as follows: Tinker, Fifth,
Atlantic, Street A, Street B and Street C.
59. Street stubs created within each phase shall be extended into the adjacent phase to
include a cul -de -sac with adequate turning radii in order to provide adequate turning
movements on the 'temporary dead -end street stubs within each phase prior to
subsequent phases being developed.
60. Traffic control, regulatory, warning, guide signs and markings (including fire hydrant
pavement markers) shall be installed in conformance with the Manual of Uniform
Traffic Control Devices, as approved by the City Engineer.
61. Transit stops shall be designed and installed by CIC to include shelters, benches,
illumination, time clocks, and waste receptacles. Either parking shall be prohibited
or turn outs provided at transit stops. Access ways for passengers shall be clear of
obstructions. Design shall be in accordance with Project Master Plan MP 99 -01.
62. Prior to the recordation of the Final Map for Phase 1, street names shall be submitted
and approved by the Planning Director. Street names shall generally be chosen from
the Official Naming List for City facilities and streets, in accordance with the City's
adopted naming policy. For Phases 2 through 6, the proposed street names shall be
shown on the Tentative Map and approved as part of the Tentative Map process.
63. The Developer shall be responsible for installation of all street signs within the
development and at major street intersections. Signs shall be in accordance with the
approved "Signing Plan" and the City Standards and locations shall be to the
satisfaction of the City Engineer.
64. On -site street and mini park light spacing and illumination requirements, design and
installation, shall be provided by the Developer and shall be to the satisfaction of
AP &T and the City Engineer and Planning Director.
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65. Developer may provide at Developer's expense, additional lighting at the tract
entrances. On going costs for operations and maintenance shall be the responsibility
of the Homeowners Association (HOA). Design and installation shall be reviewed
and approved by City Engineer and Planning Director.
LANDSCAPING
66. Design of street and walkway tree plantings shall be in compliance with the Project
Master Plan MP 99 -01 and MDIGP. The Developer shall be responsible for the
design of all landscaped areas including common areas located back of sidewalk,
along Tinker Avenue, Fifth Street and Atlantic Avenue adjacent to the project and
all street common areas within the project. In particular, the landscaping and sound
wall area along Atlantic Avenue shall be designed to provide an attractive streetscape
as well as the necessary sound attenuation. The landscaped sound wall area shall not
present a barrier, but serve to create an open, welcoming entryway that allows the
new neighborhood to be an extension of the existing community. A detailed tree
planting and landscaping plan shall be required for all privately maintained and
public street areas, common areas and planting strips along streets adjacent to the
Project site 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 unless otherwise approved by City Engineer:
a. Fire hydrants — 6 feet.
b. Driveways (top of wing) — 3 feet.
c. Stops signs or curb returns — 15 feet.
d. 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.
e. Sewer mains or laterals, gas lines (main and service), water, telephone,
communication and electrical mains — 5 feet.
d. Storm drains — 2 feet.
e. Street trees shall have curbed protection from street pavement.
f. Bus Stops 10' clearance at each bus doorway.
67. Deep root barriers shall be required for all trees planted adjacent to curbs, sidewalks
and other pavements, to the satisfaction of the City Engineer.
68. Landscaping and irrigation shall be in accordance with Alameda Municipal Code
Section 30 -58 (Water Conservation/Landscaping), subject to the Development
Agreement.
69. All fencing barriers, street tree curb protection, and header boards shall be designed
and installed to the satisfaction of the City Engineer.
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70. At the City's discretion, the developer shall post a subdivision improvement bond for
landscape improvements within the Project and a two year maintenance bond to run
from when the landscaping has been installed and accepted by the City as
substantially in compliance with approved landscape and improvement plans.
PRIVATELY MAINTAINED OPEN SPACE, MINI PARKS & STREETS
71. Concurrent with submittal of each phase of residential Development Plans, the
Developer shall submit Development Plans for private open space, private mini parks
and private street improvements in accordance with the Master Plan MP 99 -01 for
approval by the City Engineer and the Planning Director. The mini -parks shall be
developed for recreation use and include appropriate paths and seating areas.
72. Prior to approval of first Final Map, the Developer shall provide an agreement, to the
satisfaction of the City Attorney, between the Homeowners Association (HOA) and
the City, whereby the HOA assumes all responsibility for maintenance and liability
of all private open space, private mini parks and private street improvements. The
agreement shall include a management plan, a weed abatement and maintenance plan
for approval by the City Engineer and implementation by the HOA.
73. The Developer shall submit a separate agreement and financing such as CC &Rs,
bonds, landscape & lighting district or equivalent which will provide for the
perpetual operation and maintenance of private open space, private mini parks and
private street improvements, common area facilities including entryways and private
infrastructure not accepted for maintenance by a public agency. The agreement shall
be approved by the City Engineer
74. The Developer shall substantially complete the construction of the mini -parks prior
to the issuance of Certificate of Occupancy of each house adjacent to the mini -park
within the residential development.
SANITARY SEWERS AND STORM DRAINS
75. Prior to recordation of each Final Map, Developer shall complete design and acquire
permits, if required, for all on -site sanitary sewer and storm drain systems required
for each phase of construction. The systems may include`outfall` structures, retention
basins, storm drain pumps, modifications to existing sanitary and storm water
systems, modifications to existing pump and lift stations, and storm drains. The
Improvement Plans shall be in accordance with the MDIGP, and approved by all
regulatory agencies, and to the satisfaction of the City Engineer. The City or City's
Agent will be responsible for the design and construction of the off -site backbone
infrastructure.
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76. Curved sewer alignments shall not be permitted. Sewer mains shall be on a straight
run not to exceed 350 feet between manholes for 8" and 10" pipes, and 450 feet for
12" pipes and larger.
77. Main sanitary sewer lines shall be a minimum 8" in diameter.
78. Public storm drain lines shall be a minimum of 12" in diameter.
79. The distance between stoiiii drain manholes shall not exceed 350 feet.
80. Manholes shall be required at tract boundaries to differentiate public /private
facilities.
81. Two -way property clean -outs shall be installed at all house laterals.
82. Storm drains shall be designed to handle 10 -year; stomi flows at MHHW and 100-
year flows at MSL with adjustment for global warming.
83. Concurrent with acceptance of work by the, City Council for each phase of project,
the Developer shall dedicate that portion of the City public storm drain and sanitary
sewer system.
84. The Developer shall be responsible for the cost of all City reviews and inspections
required for all non backbone infrastructure.
85. Prior to recordation of any Final Map, the Developer shall provide, at no cost to the
City, easements on all private properties necessary for the operations and
maintenance of the sanitary and storm drain systems.
86. Prior to approval of Improvement Plans, the City of City's Agent shall obtain
EBMUD approval for connections to EBMUD Interceptors.
ALAMEDA POWER & TELECOMMUNICATION (AP &T)
87. To provide electric service to the proposed development, primary line extensions will
be required in accordance with the MDIGP. Concurrent with submittal of
Improvement Plans, the Developer shall coordinate with the AP &T regarding power
requirements.
88. The Developer shall provide all necessary on -site underground substructures,
including conduits, pull boxes, transformer pads, etc. per the AP &T specifications.
AP &Twill require easements for all transformers, primary and secondary boxes, and
conduits. AP &T will furnish and install all required transformers, high voltage
distribution cables, and secondary cables. The Developer shall be reimbursed for
improvements pursuant to the standard AP &T agreement.
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89. The Developer shall furnish and install code -sized service cables in code -sized
conduit from each house to the nearest secondary pullbox. AP &T will connect the
service to the secondary distribution system.
90. Prior to approval of any Final Map, the Developer shall furnish easements and access
to all electrical utility facilities that are in the private properties, at no charge to
AP &T.
91. Prior to issuance of Certificate of Occupancy, the Developer shall furnish and install
service equipment for each house. The service equipment shall meet Electric Utility
Service Equipment Requirement Committee standards.
92. Concurrent with acceptance of work by City Council, the Developer shall dedicate
and AP &T shall 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 Developer or successor property owners shall be responsible
for the service cables and service equipment.
93. The Developer shall be responsible for all expenses involved in the on -site duct/joint
trench system including engineering design, plan check, and electrical construction
inspection. The Developer shall be responsible for the cost of AP &T's assigned
inspector during construction
94. The Developer shall submit, with the on -site improvement plans, detailed drawings
showing the required on -site electric utility facilities.
95. Prior to approval of Final Map for the appropriate phase of residential construction,
and in accordance with MDIGP, the City or City's Agent shall design and construct
relocation and removal of the 115 kV high voltage and overhead lines, as required
by AP &T.
96. No building construction on residential lots west of " #1" Street shall be allowed until
the underground line in Decauteur Street has been abandoned, relocated or removed,
as approved by the City Engineer.
EAST BAY MUNICIPAL UTILITIES DISTRICT (EBMUD)
97. In conformance with the DDA, the City or City's Agent shall design and construct
a water main extension to serve the project, whose design shall be in accordance with
the MDIGP and shown on the Backbone Improvement Plan to the satisfaction of the
East Bay Municipal Utilities District and the City Engineer. The City or Developer
may also be responsible for their respective off -site improvements related to fire flow
requirements.
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98. The Developer shall design and construct on -site recycled water lines as necessary
to meet EBMUD requirements, provided the recycled water is available from
EBMUD to the site, and in accordance with MDIGP.
99. Prior to approval of Improvement Plans, the Developer shall obtain EBMUD
approval of the proposed design and location of on -site water service lines and
meters.
100. Prior to issuance of building permit, the Developer shall pay for all on -site service
connection fees and provide proof of payment to City.
101. In the event that EBMUD has provided Recycled Water to Alameda prior to
submittal of each Development Plan phase, the Developer shall provide service
connections and meters for recycled water usage and shall provide for future on -site
extensions at locations to be determined by EBMUD and the City Engineer.
102. All on -site facilities, backflow devices, and connections shall be designed and
constructed by the Developer in accordance with standards specified by EBMUD and
the City Engineer.
ALAMEDA FIRE DEPARTMENT
103. Prior to recordation of Final Maps, the Developer shall submit Improvement Plans
for the Fire Water System. The system shall be designed in accordance with the
MDIGP and to the satisfaction of EBMUD. The Developer shall be responsible for
the placement of on -site hydrants. The location and number of hydrants shall be
established in Improvements Plans. The fire flow for the development shall be 3000
G.P.M. from any two hydrants with a minimum flow of 1250 G.P.M. from any one
hydrant flowing simultaneously for a duration of 30 minutes. Placement shall be
shown on the Improvement Plans and shall be to the satisfaction EBMUD, the City
Fire Chief and the City Engineer.
104. All streets and courts within the development shall be marked as fire access roads to
the satisfaction of the Fire Chief. All roads shall be designed to handle fire apparatus
weight of up to 35,000 pounds per axle. Parking shall be prohibited within the 20
foot width dedicated as fire lanes. CC &R's shall include an enforcement mechanism.
105. Flexible breakaway bollards shall be included at all mini parks and at street end
courts. Design shall be approved by City Fire Chief and City Engineer.
EASEMENTS/DEDICATIONS
106. The Tentative Map and Final Maps shall show all existing and proposed easements
and dedications for street and public use area and all utility corridors.
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107. Prior to approval of Final Map, the Developer shall be required to dedicate or
abandon all utility easements required for orderly development.' The easements shall
be in accordance with the MDIGP, City/Navy Property Transfer Agreement, and as
requested by each of the various utility companies and by the City Engineer.
108. Open space parcels within the subdivision shall be restricted by non-development,
private open space easements. The Developer shall dedicate these easements prior
to recordation of the Final Map.
109. Common areas at corner lots, approximately 2 to 5 feet behind' the sidewalk, shall be
shown on the revised and /or amended Tentative Map.
110. The Developer shall dedicate easements for all utilities on private' lots, prior to
approval of the Final Map. An easement shall be shown on the Final Map where the
service passes through one lotto serve the adjacent lot.
111. No encroachments into any public or private easement shall be permitted, except
landscaping and paving, unless specifically approved by the City Engineer or the
applicable utility. This includes eaves, foundations, chimneys, etc. No masonry,
heavy wall or permanent structures shall be permitted within any easement. CC &R's
shall include a restriction that the Homeowner is responsible for the cost of removing
and reinstalling or repairing any improvements including landscaping and paving
installed in the easement areas.
LOT NUMBERING AND ADDRESSING
112. The lot numbers on the Final Map shall be consecutive. The Developer shall submit
a table or equivalent that compares the lot numbering on the approved Tentative Map
with the Final Map.
113. Prior to approval of the Final Map, the Building Official shall establish addresses for
each lot.
MITIGATION MONITORING AND REPORTING PROGRAM
114. Prior to the issuance of any building permit, the Developer shall comply with all the
conditions specified in the "Catellus Mixed Use Development Mitigation Monitoring
and Reporting Program" approved by the City of Alameda. The Mitigation
Monitoring and Reporting Program specifies the responsible parties for the funding,
implementation and monitoring requirements.
115. The Grading and Improvement Plans shall incorporate the recommendations of the
Geotechnical Investigation as outlined in the Soils Report.
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116. Prior to the issuance of a Grading Permit, approval of the Improvement Plans or the
recordation of the Final Map, the Developer shall be responsible for the preparation
of a Storm Water Pollution and Prevention Plan (SWPPP) and approval by the City
of Alameda, ACFCWCD and RWQCB. The drainage plan for the project must also
meet the City's Urban Runoff Guidelines. The SWPPP shall provide controls on the
storage and handling of toxic and hazardous materials, detention basins, and similar
measures to be employed during construction.
117. Prior to the issuance of any building permit, the CIC shall contribute on a pro rata
basis to the cost of the specific transportation improvement projects detailed in the
attached Mitigation Monitoring and Reporting Program. The CIC's share of the total
cost shall be based on the project's projected PM peak hour traffic as a percentage of
the total growth in peak hour traffic between 2000 and projected 2020 conditions at
the intersection which is adversely impacted by cumulative development including
the project. The cost of improvements shall be based on the most recent estimate for
the improvements escalated for inflation. The fair share shall be based on the Project
EIR and determined prior to approval of the first Final Map.
DISPOSITION AND DEVELOPMENT AGREEMENT
118. Prior to the recordation of the Tentative Map, the Developer shall have entered into
a Disposition and Development Agreement with the Community Improvement
Commission.
SUBDIVISION AGREEMENT/FINANCIAL GUARANTEE
119. In accordance with Section 30 -85.3 of the Alameda Municipal Code, prior to the
recordation of the Final Map, the Developer shall execute an agreement between the
Developer and the City for approval by the City Council specifying the period within
which the Developer shall complete all on -site improvement work. The on -site
improvements shall be completed in accordance with the approved Tentative Map,
MDIGP, the Improvement Plans and to the satisfaction of the City Engineer. The
Agreement shall provide that if the work is not completed within the specified
period, the City may complete the work and recover all costs and expenses from the
Developer or successor in interest. The Developer shall post sufficient financial
guarantee to guarantee construction of the on -site improvements as determined by
the City Engineer.
120. Prior to acceptance of the backbone improvements, the CIC shall execute a separate
agreement and financial guarantee with the City for installation and perpetual
maintenance of landscaping of streets, common areas and planting strips along
Tinker Avenue, Fifth Street, Mitchell Mosley, Streets A, B & C, Atlantic Avenue,
Mariner Square Loop and Office Park Access Road adjacent to the site. The
beginning of the maintenance period shall be established by the City Engineer.
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MYLAR COPY OF FINAL MAP & AS- BUILTS
121. Prior to the City Council approval or the recordation of the Final Map, the Developer
shall submit a Mylar copy of the recorded Final Map.
122. The Developer shall provide as -built and reproducible Mylar copies of the
infrastructure improvement and landscaping plans to the City Engineer within 30
days of completion of construction.
CONDITIONS, COVENANTS AND RESTRICTIONS (CC &R's)
123. ` In conjunction with the on -site Improvement Plans, the Developer shall submit a
copy of the proposed Conditions, Covenants and Restrictions (CC &R's) which shall
establish a Homeowners' Association, of which all property owners must be a
member. The submittal shall include an estimate of costs and proposed level of
maintenance for each of the activities identified. The CC &R's shall provide for
funding and provision of maintenance of all common facilities, such as streets and
utilities, not accepted for maintenance by a public agency. The CC &R's shall
stipulate that the Homeowners' Association is responsible for maintenance of
landscaping along the streets, courts, open space, mini parks and project landscape
area back of sidewalk, adjacent to Tinker Avenue, Fifth Street, Atlantic Avenue and
Streets A, B, & C and perimeter fencing and sound walls, and common area retaining
walls within the Project boundary. Additionally, the CC &Rs shall stipulate 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
first Final Map.
124. CC &R's shall be recorded as deed restrictions with the Final Map.
125. All privately maintained streets and street lighting within the development shall be
maintained by the Homeowners' Association.
126. Prior to the application for any building permit for the site, two copies of the
approved and recorded CC &Rs shall be submitted to City Engineer and Planning
Director.
127. The CC &R's shall describe how the storm water BMPs associated with privately
owned common area improvements and landscaping shall be funded and maintained
by the association.
CONSTRUCTION
128. During construction, the Developer shall ensure that a program of dust control is
implemented consistent with MMRP and BAAQMD requirements. All construction
crews shall undertake a program of dust control including, but not limited to,
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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.
129. During Construction the Developer shall ensure that all construction crews are
properly trained and made aware of any site contamination issues consistent with the
MMRP.
130. Subdivision construction shall be subject to the requirements of the Alameda
Municipal Code which restricts construction to the hours of 7:00am to 7:OOpm
Monday through Friday and 8:00am to 5:OOpm on Saturdays.
131. Prior to issuance of building permit Developer (or City or City's Agent, as
applicable) shall provide a Recycling and Solid Waste Plan to minimize solid waste
disposal and maximize use of recycled materials associated with demolition and
construction activities for each and every construction contract. The Plan must be
incorporated into any, construction documents for every contract. Prior to issuance
of Certificate of Occupancy, the Developer (or City or City's Agent) shall submit a
report certifying the amount of materials off hauled, amount of materials recycled,
and amount of recycled materials used in that contract.
132. Prior to issuance of a grading permit, the Developer shall provide a Urban Runoff
Clean Water Plan for construction activities which identifies specific measures
(BMP's) required during construction to minimize pollutant discharge to the storm
water system. The Developer shall incorporate these measures into each and every
contract for construction. Prior to issuance of certificate of occupancy, the Developer
shall provide a report certifying that these measures were properly followed.
VESTING
133. The Project Approvals, as they may be amended from time to time upon Developer's
consent (provided that such amendment is with the consent of Developer, such
consent to be granted at the sole discretion, of Developer) and City's (and/or CIC's)
approval of the amendment in accordance with Section 6.4.2 of the Development
Agreement, and are hereby vested in the Developer, subject to and as provided in the
provisions of the Development Agreement ( "Vested Elements "). City hereby agrees
to be bound with respect to the Vested Elements, subject to Developer's compliance
with the terms and conditions of the Development Agreement. The intent of this
Section is to cause all development rights which may be required to develop the
Project in accordance with the Project Approvals to be deemed vested in Developer.
NOISE REQUIREMENTS
134. Concurrent with submittal of Development Plans, the Developer shall identify
specific acoustical treatments to minimize the noise levels for future homes which
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back up to major streets and which is required to comply with the City Noise
Ordinance.
SOLID WASTE /RECYCLING
135. The Developer shall provide an area with a minimum of six cubic feet designed for
the internal storage of trash and recyclable material. A minimum of three cubic feet
shall be provided for storage of trash and a minimum of three cubic feet shall be
provided for storage of recyclable material. Each single family dwelling unit with a
separate garage shall include a minimum of 27 square feet of garage floor space with
48 -inch height clearance designed for internal storage of one trash container and two
recycling containers. The Developer shall provide a storage area for trash and
recyclable material externally or garage space for one garbage can and two recycling
cans per dwelling.
136. Exterior trash and recyclable material storage shall be adjacent or combined and
located on the outside of a structure, in a designated interior courtyard with
appropriate access in rear or side yards. External storage areas shall not be located
in any front yard, street side yard, parking area, landscaped area, or open space area
per the Alameda Municipal Code.
137. Streets and courts shall provide unobstructed access for collection vehicles and
personnel and provide minimum' clearance for the City's designated collector or
hauler. A turnaround must be provided for any street that would require the
collection vehicle to back up more than 150 feet. A minimum 40 foot turning radius
is required.
ACCEPTANCE OF WORK
1 38 the completion of ronstnirtion of the improvements for each phase of the Project
1 ✓v. 16..t. uav completion of vv..va.i �4.)v Jv.i vi �..v improvements iiw 1V1 vu.v.a t.aaa.wv of the J. avJ vv�,
the Developer is obligated to provide all required information to the City including,
but not limited to, all certifications, warranties, guarantees, proof of payment to
outside agencies and as-built drawings. Upon recommendation by the City Engineer,
the improvements will be accepted by the City Council.
(g:\specproj \fisc \cc \tmreso. cc)
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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 special meeting assembled on
the 31st day of May , 2000, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and
Mayor 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 1st day of June , 2000.
Diane Felsch, City Clerk
City of Alameda,