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Resolution 13423CITY OF ALAMEDA RESOLUTION NO.13423 APPROVING TENTATIVE MAP AMENDMENT TMA01 -0002 TO TENTATIVE MAP, TM -7179 WHEREAS, an application was made on October 26, 1999 by Catellus Development Corporation requesting approval for a General Plan Amendment, Master Plan, Rezoning, Development Agreement and Tentative Map (an application was also made for a Parcel (Disposition) Map that covered the commercial /business park area) relating to the development of approximately 1,300,000 gross square feet of office and /or research and development space, 500 housing units, and sites for parks, public open space, a school and a 39 unit project located on a 215 acre site encompassing the Alameda Fleet and Industrial Supply Center and Annex and Naval Air Station (NAS) Alameda East Housing. The project would be completed in phases over a multi -year period, depending on market conditions. The project would include associated parking and landscaping, and a minimum of eleven acres of public shoreline access; and WHEREAS, the proposal for a Master Plan, General Plan Amendment, Rezoning, Development Agreement, Tentative Map, Parcel (Disposition) Map, City Council Resolution 13216 (certifying the Final EIR for the Catellus Mixed Use Development) and City Council Resolution 13217 (making findings concerning mitigation measures and alternatives, and adopting a Statement of Overriding Considerations and an MMRP) were approved by the City Council on May 31, 2000; and WHEREAS, an application was made on November 2, 2001 by Catellus Development Corporation requesting an amendment to Tentative Map, TM -7179, to revise the subdivision of the Project area covered by Tentative Map 7179 and include a portion of the area covered by Parcel (Disposition) Map (adopted by City Council Res. #13219); and WHEREAS, the application for the amendments to the Tentative Map was accepted as substantially complete on September 15, 2001; and WHEREAS, on November 26, 2001, the Planning Board of the City of Alameda recommended that the City Council adopt an Addendum to the Final Environmental Impact Report to address the environmental impacts related to the amendment to the Project and concluded that the Project as revised would not introduce new significant environmental effects or substantially increase the severity of previously identified significant effects and no substantial changes have occurred with respect to the circumstances under which the Project would be undertaken and there has been no discovery of new information of substantial importance that would require major revisions to the previous EIR; and WHEREAS, the subject property has been designated Business Park, Medium Density Residential, Public /Institutional, and Public Open Space on the General Plan Diagram; 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 foliowing 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 amended, the Alameda Point Improvement Project (APIP) and the General Plan policies incorporated by reference within the CIPs; and WHEREAS, the City Council held a public hearing on this application on December 18, 2001, and examined pertinent maps, drawings, and documents; and WHEREAS, the City Council made the following findings: 1 The project, as amended, and the design of the proposed subdivision, as amended, is consistent with the General Plan, including the land use designations for the site. 2. The amended 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 project. All existing structures 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 residential 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, as amended, and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as covered in the Addendum to the Final Environmental Impact Report for Catellus Mixed Use Development. 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. 7. The design of the subdivision or the type of improvements will not cause serious public health problems. 8. The Parcel (Disposition) Map approval granted by the City Council on May 31, 2000, remains in effect for the area that is covered by that Parcel (Disposition) Map but not covered by amended Tentative Map No 7179 (i.e., that area north of and including the Union Pacific Railroad right -of -way), subject to the original conditions placed on the approval of the Parcel (Disposition) Map. 9. The proposed and existing land uses are suitable in relationship to each other. 10. By complying with the Master Plan, the design of improvements on the land subject to the Tentative Map will be of high quality. THEREFORE BE IT RESOLVED that the City Council of the City of Alameda hereby approves amendment TMA -01 -0002 to Tentative Map, TM -7179, on file in the Office of the City Clerk, subject to the conditions in "Exhibit "B." The original conditions set forth in TM -7179 and in Parcel (Disposition) Map (as approved by City Council Res. 13219) for the area covered by this amended TM 7179 have been combined and remain in full force and effect, except as explicitly revised below. These combined conditions, as revised, have been set forth below for ease of reference. Attachments: Exhibit A: Amended Tentative Map, TM -7179 (On file in the Office of the City Clerk) Exhibit B: Amended Tentative Map, TM -7179 Conditions (g: \specproj \fisc \2001 \t mreso.cc 1) EXHIBIT B TO RESOLUTION # CONDITIONS OF APPROVAL, AMENDED TENTATIVE MAP #7179 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: Homeowners Association MDIGP:MasterDemolition Infrastructure Grading and Phasing Plan RWQCB: Regional Water Quality Control Board URCWP: Urban Runoff Clean Water Program 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 13216. EIR Addendum dated October 2001, as approved by City Council Resolution No • Master Plan: Catellus Alameda Project Master Plan, MP 99 -01, dated April, 2000, as amended by and approved by City Council Ordinance No 2834, and first amendment dated October, 2001, approved by City Council Ordinance No • DA: Development Agreement, dated May 2000, as approved by City Council Ordinance No 2836. Amendment approved by City Council Ordinance No: • DDA: Disposition and Development Agreement, dated May, 2000, as approved by the Community Improvement Commission Resolution No. 00 -88. Amendment approved on • MMRP: Mitigation Monitoring and Reporting Program, dated March, 2000, as approved by City Council Resolution No.13217. GENERAL 1. The Amendment to 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 and GPA 01 -0004; b) Rezoning R99 -04, and c) Master Plan MP99 -01 and MPA 01 -0001. d) Catellus Mixed Use Development EIR dated April 2000, EIR Addendum dated November EXHIBIT B 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 November 16, 2001, 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 amended, as shown in City Council Ordinance 2836. b) The Developer shall comply with all terms and conditions set forth in the Disposition & Development Agreement (DDA) as amended, as approved by Community Improvement Commission. The Developer shall comply with the approved Project Master Plan, MP 99 -01, as amended, as shown in City Council Ordinance 2834. 4. The Developer shall pay for and construct all improvements to private land and implement any condition /mitigation applicable to private land. 5. The Developer shall pay all required Development Impact Fees in accordance with EIR mitigation and /or Development Agreement 6. The Developer (or City or CIC, as applicable) shall provide proof of payment to outside utility providers for all required service fees consistent with the DA and DDA or other applicable document. TENTATIVE. & FINAL and PARCEL MAPS 7. Tentative Map No. 7179 shows six residential development blocks encompassing 485 residential parcels, seven parcels for school, park, open space, public streets and housing uses, plus one remainder commercial /business park parcel. Developer may prepare a Final Map for the entire area encompassed by this Tentative Map (to create the six residential blocks, seven other parcels, and the remainder parcel) and may prepare multiple Final Maps, in phases, to create the 485 residential parcels: Changes to the layout of parcels will be accomplished, by revised or amended Tentative Map(s) as stated below. The commercial /business park remainder parcel will be further subdivided through parcel or tentative map approvals'. Such parcel or tentative map approvals may also include any portion of the commercial /business park area covered by the Parcel (Disposition) Map (adopted on May 31, 2000 by City Council Res. No. 13219). 8. A revised Tentative Map will be prepared for the residential development if revisions of a technical nature are needed, and if the revisions substantially conform with the approved Tentative Map. A revised Tentative Map can be conditioned with items of a technical nature and may be approved by the City Engineer. 9. An amended Tentative Map will be prepared for the residential development 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. 10. A Parcel Map subdividing the remainder parcel shall be submitted by the Developer to the City Engineer and Planning Board for review and approval, and to the City Council for adoption, prior to approval of Development Plans for that phase. The Parcel Map shall be recorded prior to the issuance of building permits. 11. Prior to, or concurrent with, the submittal of each residential or commercial Development Plan, a revised or amended Tentative or Parcel Map, as applicable and if needed, shall be submitted to the City incorporating and attaching the approved Tentative or Parcel Map conditions of approval as well as new conditions of approval (subject to the limitations imposed by the DA, as amended). 12. All Maps and Plans shall incorporate City of Alameda Datum. 13. Prior to the recordation of each Final Map, as applicable to the area encompassed by 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 14. 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 bylaw. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect information, 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 information. 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. If 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 15. The applicant shall submit applications and plans for a Development Plan for each phase of the Project for consideration and approval by the City. Residential Development shall be reviewed to ensure that subsequent phases are designed to substantially conform with the phased Tentative Map #7179 (as revised or amended) and Master Plan and their respective conditions of approval, including the Mitigation Monitoring and Reporting Plan (MMRP), as applicable. For residential Phase 1 the Development Plan will be submitted subsequent to approval of the Phased Tentative Map but prior to the recordation of the Phase 1 Residential Final Map. The Final Map for each residential phase shall be in compliance with the Phased Tentative Map and the Development Plan for that phase as well as in compliance with the Master Plan and phased Tentative Map conditions of approval. The Development Plan for Phase 1 residential 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. The Development Plan for each phase of commercial / business park shall establish the overall concept for site layout, building design, and landscaping. The first phase Commercial /Business Park Development Plan shall also include an overall sign, program and conceptual landscape plan for the whole commercial /business park area. 16. The Development Plan required for each residential Phase shall 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. 17. Each residential and commercial 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 Design Review process may occur concurrently, in accordance with the Joint Implementation Agreement. SOILS REPORT 18. With the submission of each residential or commercial ImprovementPIan, 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, saltwater 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 determined necessary- by`the City Engineer or project soils engineer 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. 19. Prior to submission of each residential Final Map or each commercial Development' or Improvement Plan, as applicable, the Developer shall submit site assessment report for hazardous materials, site soils and site ground water if required by third party regulatory agencies. IMPROVEMENT PLANS 20. 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 neighborhood park, public open space (eg Wharf and Promenade),' and backbone infrastructure (e.g., major roads and utilities) including Tinker Avenue, Fifth Street, Atlantic Avenue and Mariner Square Loop, Office Park Access Drive, and intersection improvements at Webster /Atlantic and Atlantic /Constitution Way. The City or City's Agent shall be responsible for the design and construction of all offsite backbone infrastructure. 21. Residential streets A, B, C, D E, and F; Streets 1 through 23; and alley" (lane)' improvements, and underground utilities, are Developer responsibility and obligation and shall be designed and constructed by the Developer. Streets A through F and public utilities shall be dedicated to the City at the completion of construction and upon acceptance by the City Council. 22. Prior to the recordation of each residential Final Map, the Developer shall submit engineered Improvement Plans (including specifications & cost estimates), for approval by the City Engineer, showing the infrastructure necessary to serve that phase of the project. The residential 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 project improvements. Prior to or in conjunction with the submittal of each Commercial / Business Park building permit application, the City or City's Agent shall submit engineered Improvement Plans (including specifications and cost estimates) for approval by the City Engineer. The commercial Improvement Plans shall include,' but not be limited to, the required on -site and off -site infrastructure necessary for that phase of construction, 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 project improvements. 23. The Improvement Plans (including specifications and cost estimates) shall be consistent with the requirements of City Standards, Master Plan MP 99 -01 as amended, and the MDIGP, and shall be to the satisfaction of the City Engineer. Improvement Plans shall clearly state any deviations from City Standards and request a design exception from the City Engineer. In the event of a conflict, the Master Plan MP 99 -01 as amended shall govern. All Improvement Plans shall be submitted in AutoCAD 2000 format (as updated) and be consistent with Alameda drafting standards. 24. The City of Alameda shale 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. 25. The City or City's Agent shall coordinate the design of all the required public backbone infrastructure and the Developer shall coordinate the design of all private infrastructure with all other utility companies that may be affected by the new backbone and private infrastructure prior to the approval of commercial Improvement Plans by the City Engineer. 26. The City or City's Agent shall obtain all required permits related to the backbone infrastructure and the Developer shall obtain all required permits related to the private infrastructure from all outside agencies prior to the approval of commercial Improvement Plans by the City Engineer. 27. The Improvement Plans shall identify which utility lines (water, storm drain and sewer) need to be installed outside of each Phase in order to serve the Phase area being developed. MASTER DEMOLITION. INFRASTRUCTURE. GRADING AND PHASING PLAN 28. The City or City's agent shall finalize a Master Demolition, Infrastructure, Grading and Phasing Plan (MDIGP) for the project as a whole, in conformance with condition no 8 of the Master Plan Resolution PB- 00 -41, prior to or in conjunction with the application for the Development, Plan for the first phase of either residential or commercial 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 phased Tentative Map No 7179 to connect major streets and utilities. 29. The MDIGP shall be submitted to and approved by all affected utility providers and approved by the City Engineer prior to the approval of the Development Plan for the first residential or commercial phase of the Project. 30. The MDIGP shall also include Phasing Plans for all backbone infrastructure improvements for the project site The phasing of improvements shall be consistent with the project phasing identified on Tentative Map No. 7179. 31. The MDIGP shall also include demolition plans for removal of existing foundations, utilities and structures on the Project site 32. Following approval of the MDIGP, the Developer shall prepare Development Plans and construction level plans for individual phases of the project. PROJECT PHASING 33. Residential phasing shall be designated on Tentative Map No. 7179. Any subsequent changes to the phasing shown on the Tentative Map shall be in conformance with the terms and conditions of the DDA. Infrastructure improvements for each Phase shall be designed and constructed in accordance with the Phasing Plan included in the MDIGP. Improvement Plans (construction documents, including proposed phasing) shall be provided to the City Engineer for each phase of private and public infrastructure, prior to approval of each residential Final Map: Phasing shall be in substantial conformance with the Phasing Plan attached to the City Council Ordinance approving the Master Plan, as may amended consistent with the Disposition and Development Agreement. CITY MONUMENTS AND & SURVEYING 34. Standard City monuments shall be provided at all exterior tract property corners, angle points, street intersections, and all other control points in accordance with Section II, Article E, of the City of Alameda Standard Subdivision Improvement Specfications and to the satisfaction of the City Engineer. Survey data shall be per Alameda Datum or tied to other City monuments. Monuments shall preferably be located 10 feet from street centerlines. Separation from utilities shall be as follows, unless modified by the City Engineer: storm drain or sanitary sewer mains - eight feet; manhole - seven feet clear; other utilities, including services - five feet.' All monumentation shall be in conformance with the metes and bounds descriptions for property transfer from Navy to City unless resolved otherwise by the City Engineer. 35. Grading and Improvement Plans shall be based on Alameda Datum and referenced from City Monuments. RETAINING WALLS AND SOUND WALLS 36. 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 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.` 37. Engineered retaining walls over 3 feet in height, and all 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. GRADING AND DRAINAGE 38. Prior to approval of any Improvement Plans, Developer shall provide confirmation that all finish floor elevations of habitable areas are at least one foot above the 100 year flood plain. Delineation of the 100 year flood plain, including approval by the appropriate regulatory agencies, shall be finalized by City or City's Agent if required. 39. A grading plan with appropriate erosion control measures shall be required for each residential or commercial phase. 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. Each grading plan shall be consistent with the MDIGP and shall meet all RWQCB requirements. 40. Grading plans shall minimize the need for off haul from the Project site. They shall incorporate all elements of the applicable soils report(s) and include a pre- and post- consolidation plan. Grading plans shall be prepared to the satisfaction of the City Engineer. 41. Surface drainage must slope away from each residential and commercial building toward the front yard at a minimum of one percent slope, in accordance with the Alameda Design Criteria and to the satisfaction of the City Engineer. 42. If future settlement/consolidation is predicted, lot drainage shall be designed to provide a minimum of one percent slope after settlement, to the satisfaction of the City Engineer. 43. No drainage across any lot line other than onto st unless approved by the City Engineer. eets or co mon areas shall be permitted, 44. Minimum gutter grades shall be 0.4 percent, and 0.6 percent around curb returns at intersections. URBAN RUNOFF 45. Each residential and commercial Development Plan shall include details for site design which meet design requirements of the RWQCB. (See Letter dated April 19, 2000). 46. 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. 47. The residential and commercial Improvement Plans shall show planned methods by which entry of pollutants to the storm drain system will be reduced. Should these pollution controls require periodic maintenance, a maintenance plan for privately maintained facilities shall be prepared 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 each Development Plan Urban Runoff Clean Water Program (URCWP) features to minimize pollutant discharge into the storm drain system. 48. 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, AND JOINT UTILITIES 49. All curbs, gutters, and sidewalks within the Project shall be installed in accordance with City of Alameda standards, except as provided in the approved Phased Tentative Map or Project Master Plan MP 99 -01, as amended. No rolled curbs shall be permitted, except for emergency vehicle access. Curb cuts for individual lots shall be shown on Improvement Plans, and shall be designed to avoid adverse impacts on on- street parking, street trees and landscaping. 50. Sidewalks on residential public streets and all commercial streets shall be a minimum of five feet wide and shall be designed to City of Alameda standards, except as provided in the approved Phased Tentative Map or Project Master Plan MP 99 -01, as amended. 51. Privately maintained residential streets shall provide a minimum width of 36 feet from face -of -curb to face -of -curb and a minimum of four feet wide sidewalks. 52. Privately maintained road, driveway, and parking lot structural sections shall be designed per recommendations in the soils report, to the satisfaction of the City Engineer. 53. Stop signs and markings shall be installed at each privately maintained roadway entrance onto a publicly maintained street. 54. The public sidewalk, curb and gutter along Atlantic Avenue adjacent to the residential site shall be repaired and reconstructed, in accordance with Project Master Plan MP 99 -01, as amended, by the CIC, as necessary, to City standards and to the satisfaction of the City Engineer. 55. Residential and commercial driveways shall have a minimum thickness of four and six inches of concrete, respectively.' 56. 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. 57. 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. 58. 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. 59. Wheelchair ramps shall be required on public street - sidewalks, and on private street sidewalks where otherwise required by law, where curb corners meet streets. 60. Driveways shall be located as far from intersections as possible and located on improvement plans. Commercial driveways shall, when possible, be located at least 120 feet from street intersections. 61. Curb extensions in the residential area are not allowed at intersections of major street to major street. Major streets within the residential area are identified as Tinker,` Fifth, and Atlantic. 62 The extension of C Street westerly of the residential project boundary, which is at Developer's option, in order to connect with Main Street shall not be constructed until an environmental analysis of the wetlands and traffic impacts is completed and resolved. 63. Temporary street stubs created at the boundary with a future phase shall be extended into the adjacent phase and include a cul -de -sac with adequate turning radius, subject to the approval of the City Engineer. 64. 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. 65. Transit stops shall be designed & 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, as amended. 66. Prior to the recordation of each Final Map for Tentative Map No. 7179, street names shall be submitted and approved by the Planning Director for all residential streets. 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. 67. The Developer shall be responsible for installation of all street signs within the residential development and at adjacent major street intersections as well as all street signs on private streets within the Commercial /Business Park development. City or City's Agent shall be responsible for all street signs on public (backbone) streets within the Commercial/Business Park development. Signs shall be in accordance with the approved "Signing Plan" and the City Standards. Locations shall be approved by the City Engineer. 68. Light spacing and illumination requirements, design and installation, for street lighting at intersections, public access ways, transit stops, on -site street, and mini parks shall be provided by the Developer for the residential development and by City or City's Agent for the commercial development to the satisfaction of AP &T, the City Engineer and the Planning Director, except for "backbone streets" ( Atlantic, Main, Tinker, Fifth, Mariner Square Loop, Office Park Drive. and Mitchell - Mosley), which shall be provided by the City or City's Agent. 69. Developer may provide at Developer's expense, additional lighting at tract entrances. On -going costs for operations and maintenance shall be the responsibility of the Homeowners Association (HOA) for residential areas. Ongoing costs for operations and maintenance for commercial areas shall be by a maintenance agreement or shall be the responsibility of a Business Park Association (BPA). Design and installation shall be reviewed and approved by City Engineer and Planning Director. LANDSCAPING 70. Design of street and walkway tree plantings shall be in compliance with the Project Master Plan MP 99 -01, as amended, and MDIGP. The Developer shall be responsible for the design of all residential 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. The City or City's agent shall prepare detailed planting and landscaping plans for each phase of the backbone streets. 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 landscape plan shall be prepared for all privately maintained and public street areas, common areas and planting strips along streets adjacent to the Project site.; All plans shall be prepared to the satisfaction of the City Engineer and the Planning Director, and shall be submitted in conjunction with the Improvement Plans. Clearances of trees from street improvements and furnishings shall be as follows unless otherwise approved by City Engineer: Fire hydrants - 6 feet. Driveways (top of wing) - 3 feet. Stops signs or curb returns - 15 feet. 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. f. Storm drains - 2 feet. g. Street trees shall have curbed protection from street pavement. h. Bus Stops - 10' clearance at each bus doorway. b. c. d. 71. Deep root barriers shall be required for all trees planted adjacent to curbs, sidewalks and other pavements, to the satisfaction of the City Engineer. 72. Landscaping and irrigation shall be in accordance with Alameda Municipal Code Section 30 -58 (Water Conservation /Landscaping), subject to the Development Agreement. 73. All fencing barriers, street tree curb protection, and header boards shall be designed and installed to the satisfaction of the City Engineer. 74. At the City's discretion, the developer shall, for non - backbone infrastructure in the residential area, 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 75. Concurrent with submittal of each phase of residential and commercial Development Plans, the Developer shall submit Development' Plans` for private facilities including' open space, mini parks, parking lots, common areas and street and utility' improvements in accordance with the Master Plan MP 99 -01 as amended, 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. 76. Prior to approval of the first residential 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, private street improvements, and other private improvements. Prior to approval of the first commercial Parcel Map, the Developer shall provide an agreement, to the satisfaction of the City Attorney, between the or Business Park Association (BPA) and the City, whereby the BPA assumes all responsibility for maintenance and liability of all private open space, private mini parks, private street improvements, and other private improvements. The agreements shall include a management plan, a weed abatement and maintenance plan for approval by the City Engineer and implementation by the HOA or BPA. 77. 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, parking lots, 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 78. 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. The City or City's Agent shall substantially complete the construction of the wharf and promenade prior to the issuance of Certificate of Occupancy for each building adjacent to that portion of the wharf. SANITARY SEWERS AND STORM DRAINS 79. Prior to recordation of each Final Map (for residential), Developer shall complete design and acquire permits, if required, for all on -site non - backbone infrastructure; sanitary sewer and storm drain systems required for that phase of construction. Prior to issuance of a building permit, the City or City's Agent shall complete design and acquire permits,' if required, for all sanitary sewer and storm drain systems required for that 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 backbone infrastructure. 80. 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. 81. Main sanitary sewer lines shall be a minimum 8" in diameter. 82. Public storm drain lines shall be a minimum of 12" in diameter. 83. The distance between storm drain manholes shall not exceed 350 feet. 84. Manholes shall be required at tract boundaries to differentiate public /private facilities. 85. Two -way property clean -outs shall be installed at all house laterals. 86. Storm drains shall be designed to handle 10 -year storm flows at MHHW and 100 -Year flows at MSL with adjustment for global warming. 87. 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. 88. The Developer shall be responsible for the cost of all City reviews and inspections required for all non - backbone infrastructure. 89. Prior to recordation of any Final Map (residential) or approval of on -site improvement plans (commercial), 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. 90. 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) 91. 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. 92. The Developer shall provide all necessary on -site underground substructures, including conduits, pull boxes, transformer pads, etc. per the AP &T specifications. AP &T will 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. 93. The Developer shall furnish and install code -sized service cables in code -sized conduit from each house to the nearest secondary pull box. AP &T will connect the service to the secondary distribution system. 94. Prior to approval of any residential Final Map or commercial Parcel 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. 95. Prior to issuance of Certificate of Occupancy, the Developer shall furnish and install service equipment for each house or commercial building. The service equipment shall meet Electric Utility Service Equipment Requirement Committee standards. 96. 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. 97. 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 98. The Developer shall submit, with the on -site improvement plans, detailed drawings showing the required on -site electric utility facilities. 99. 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. Prior to approval of Improvement Plans for the appropriate phase of commercial construction, and in accordance with MDIGP, the City or City's Agent shall design and construct relocation and removal of high voltage and other overhead lines, as required by AP &T. 100. 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) 101. 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. 102. 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. 103. 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. 104. Prior to issuance of building permit, the Developer shall pay for all on -site service connection fees and provide proof of payment to City. 105. 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. 106. 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 107. Prior to recordation of residential Final Maps or commercial Development Plans, 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. 108. All streets and courts (but not alleys) 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 &Rs shall include an enforcement mechanism. 109. Flexible breakaway or removable bollards shall be included at all mini parks and at residential street end courts, and at other locations required by the Fire Chief. Design shall be approved by City Fire Chief and City Engineer. EASEMENTS /DEDICATIONS 110. The Tentative Map and Final Maps (for residential areas) and Parcel Map and Improvement Plans (for commercial areas) shall show all existing and proposed easements and dedications for street and public use areas and all utility corridors. 111 Prior to approval of residential Final Maps or commercial on -site Improvement Plans, 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. 112. 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 residential Final Map or commercial on -site Improvement Plans. 113. The Developer shall dedicate easements for all utilities on private lots or parcels, prior to approval of the residential Final Map or commercial on -site Improvement Plans. An easement shall be shown on the residential Final Map or commercial Parcel Map where the service passes through one lot to serve the adjacent lot. 114. No encroachments into any public or private utility or access 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, except for transverse crossings. CC &Rs shall include a restriction that the individual property owner is responsible for the cost of removing and reinstalling or repairing any improvements including landscaping and paving installed in the easement areas. 115. In commercial areas, the Developer shall provide for cross easements between privately owned parcels for required public access and parking, prior to the issuance of any building permits. LOT NUMBERING AND ADDRESSING 116.10 The lot numbers on the residential Final Maps and commercial Parcel Maps shall be consecutive. The Developer shall submit a table or equivalent that compares the residential lot numbering on the approved Tentative Map with the Final Map. 117. Prior to approval of a residential Final Map or com shall establish addresses for each lot or parcel. ercial Development Plan MITIGATION MONITORING AND REPORTING PROGRAM he Building Official 118. Prior to the issuance of any building permit, the Developer shall comply with all the conditions so specified in the "Catellus Mixed Use Development Mitigation Monitoring and Reporting Program" (MMRP) approved by the City of Alameda. The Mitigation Monitoring and Reporting Program specifies the responsible parties for the funding, implementation and monitoring requirements. 119. The Grading and Improvement Plans shall incorporate the recommendations of the Geotechnical Investigation as outlined in the Soils Report. 120. Prior to the issuance of a Grading Permit, approval of the Improvement Plans or the recordation of the Final Map, as applicable, 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. 121. With regard to mitigation measures in the Mitigation Monitoring and Reporting Program ( "MMRP ") for which the CIC and Developer are listed the parties responsible for provision of funding, 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 MMRP. 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 or Parcel Map. SUBDIVISION AGREEMENT /FINANCIAL GUARANTEE 122. In accordance with Section 30 -85.3 of the Alameda Municipal Code, prior to the recordation of the residential Final Map or commercial Parcel 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 residential 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. 123. 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, D, E and F, 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. MYLAR COPY OF FINAL MAP & AS- BUILTS 124. Prior to the City Council approval or the recordation of residential Final Map or commercial Parcel Map, the Developer shall submit a Mylar copy of the Map to the City Engineer. 125. 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 &Rs) 126. In conjunction with the on -site Improvement Plans, the Developer shall submit a copy of the proposed Conditions, Covenants and Restrictions (CC &Rs) which shall establish a residential Homeowners' Association or commercial Business Park 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 &Rs 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 residential CC&Rs shall stipulate that the Homeowners' Association is responsible for maintenance of landscaping along the streets, courts, open space, mini parks and project landscape area, adjacent to Tinker Avenue, Fifth Street, Atlantic Avenue and Streets A, B, C, D, E, and F, and perimeter fencing and sound walls, and common area retaining walls within the Project boundary (as applicable). The commercial CC &Rs shall stipulate that the Business Park Association is responsible for maintenance of landscaping which is back of sidewalk, common area open space along Tinker Avenue, Fifth Street, Mitchell` Mosley, Mariner Square Loop, and Office Park Access Drive, perimeter fencing and sound walls, and retaining walls within the Project boundary. Additionally, the CC &Rs`shail 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 or first Parcel Map, respectively. 127. CC &Rs shall be recorded as deed restrictions with each residential Final Map. The CC &Rs for the Business Park Association shall be recorded with the first Parcel Map. 128. All privately maintained streets and street lighting within the development shall be maintained by the Homeowners' or Business Park Association, as applicable. All public streets and public street lighting shall be maintained by the City. 129. 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. 130. The CC &Rs 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 131. 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 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. 132. 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. 133. Construction shall be subject to the requirements of the Alameda Municipal Code which restricts construction to the hours of 7:OOam to 7:OOpm Monday through Friday and 8:OOam to 5:00pm on Saturdays. The hours when construction is permitted may be extended by the City Manager. 134. 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. 135. Prior to issuance of a grading permit, the Developer shall provide an 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 136. 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 137. Concurrent with submittal of Development Plans, the Developer shall identify specific acoustical treatments to minimize noise levels as required by the City Noise Ordinance. Special attention shall be given to future homes which back up to major streets. SOLID WASTE /RECYCLING 138. The Developer shall provide a storage area for trash and recyclable material within the interior of each home or garage. The storage area shall be a minimum of 27 cubic feet with 48 inch height clearance designed for the internal storage of one garbage can and two recycling cans per dwelling. 139. Exterior trash and recyclable material storage shall be adjacent or combined and located on the outside of a commercial structure. For residential structures, exterior trash and recyclable material storage shall be adjacent or combined and located on the outside of a structure, screened from public view, with appropriate access or 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. 140. All commercial garbage containers must have fitted lids which remain closed at all times when the container is not being used or emptied. 141. Streets, courts, driveways, and aisles 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, unless a reduced radius is formally approved by the City's hauler. ACCEPTANCE OF WORK 142. At the completion of construction of the improvements for each phase of the Project, 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. (G:\ planning \specproj \fisc\20011tmapexb. pb2) 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 a regular meeting assembled on the 18th day of December, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, and Mayor Appezzato - 4. NOES: None. ABSENT: Councilmember Kerr - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of December, 2001. Lara Weisiger, City Clerk City of Alameda