Loading...
Resolution 13444CITY OF ALAMEDA RESOLUTION NO. 13444 DENYING THE APPEAL OF ANDREA SCARNECCHIA, NICK CORREIA, MICHELLE STAMPIEN AND RICHARD DAVIS AND UPHOLDING THE PLANNING BOARD'S APPROVAL OF FINAL DEVELOPMENT PLAN AND PRELIMINARY DESIGN REVIEW WITH CONDITIONS FOR SCHOOL AND CHURCH AT 1801 NORTH LOOP ROAD AND WHEREAS, on August 16, 2001, Robert Hom and Stephen Quen of Bay Area Chinese Bible Church filed a request for a Final Development Plan within the Harbor Bay planned development and a Preliminary Design Review for a school and church on a 17 acre site in the Harbor Bay Business Park at 1801 North Loop Road; and WHEREAS, on September 14, 2001, the Planning and Building Department found that the application was Incomplete for processing pursuant to the Permit Streamlining Act; and WHEREAS, on November 19, 2001 the application was Complete for processing; and WHEREAS, the subject property is designated as Business Park on the General Plan Diagram; and WHEREAS, the subject property is located in a C -M/PD, Commercial Manufacturing, Planned Development, Zoning District; and WHEREAS, the City Council certified the Final Environmental Impact Report for the Harbor Bay Isle Development, which the subject site is within, in April 1974 and amended it in 1989; and WHEREAS, the Planned Development for the Business Park was approved by PD -81 -2, and subsequently amended by PDA -85 -4; and WHEREAS, the City of Alameda entered into a Settlement Agreement dated November 3, 1988 and a Development Agreement dated April 4, 1989 with the Harbor Bay developers which provide among other things for the completion of the build out of the Harbor Bay Business Park and for the exactions which the City may require in connection therewith; and WHEREAS, the City determined that a private school is a permitted use within the C -M/PD Commercial - Manufacturing/Planned Development Zoning District and therefore within the Harbor Bay Business Park which is zoned CM/PD, a private school is a permitted use under City land use regulations and the Development Agreement; and WHEREAS, the project was referred to the Alameda County Airport Land Use Commission (ALUC) which held a public hearing on October 10,2001 and voted to find this school and church project to be an inappropriate use at the proposed site; however, on February 13, 2002 the Commission voted 4 to 2 with 1 absent to find that the project was compliant with adopted ALUC policies and withdrew opposition to the project; and WHEREAS, the Port of Oakland initially expressed concerns about the potential of the project generating complaints over aircraft - related noise which could interfere with the management and orderly expansion of the Oakland Metropolitan Airport and recommended that the ALUC and the City of Alameda make negative determinations regarding the project. However, after giving the matter more consideration, on December 18, 2001, the Board of Port Commissioners for the Port of Oakland voted unanimously to withdraw any objections to the project, due to acknowledgment of the noise mitigation measures which have been incorporated into the project, the existence of two small private schools in the same vicinity, and after review of the prior Port Agreements with the Harbor Bay Isle Associates and the City of Alameda; and WHEREAS, the Planning Board and the City Council find that the proposed project is appropriate in this location and consistent with the policies of the City of Alameda General Plan based on the following: (1) Proposed Project is an In -fill Development. The proposed school and church campus is an in -fill development on parcels within the Harbor Bay Business Park in the portion of the Business Park along North Loop Road already developed with two private school facilities (a Kinder care child care facility and the private Garner School), which uses have not caused land use compatibility problems for operation of the Metropolitan Oakland Municipal Airport. There is no viable alternate location in the Harbor Bay Business Park, since other parcels providing sufficient size for the campus are in noise environments of over 70 dB CNEL in which these uses would not be acceptable under land use regulation standards. (2) Project is Acceptable Under the City of Alameda's General Plan. The Proposal for private schools and a church at this location is not in conflict with the project site which is located in an area on the Map of Noise environments as between the 65 dB and 70 dB CNEL levels. (Figure 8-2, following p. 136). In the General Plan's Land Use Compatibility Standards for Community Noise Levels, the land use categories of schools and churches are classified as Conditionally Acceptable in the 65 dB to 70 dB CNEL range, with the conditions spelled out as New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features included in the design.0(Table 81., p. 135). These conditions will be fulfilled as part of the project, and compliance will be confirmed by the City's inspectors. (3) The City of Alameda's General Plan Was Accepted by the ALUC as Consistent With the Adopted Alameda County Airport Land Use Policy Plan. In January of 1991, the ALUC accepted the City of Alameda's General Plan, and specifically the Airport Environs Element of the City's General Plan, as consistent with the ALUC's Alameda County Airport Land Use Policy Plan. As part of the process, the Port of Oakland recommended that the ALUC make the consistency determination. In accepting the City of Alameda's General Plan as consistent with its own land use plan, the ALUC did not require that the General Plan modify or delete the designations of the land use categories of schools and churches as Conditionally Acceptable in the 65 dB to 70 dB range or rule out such uses in the Harbor Bay Business Park. In fact, the City of Alameda's General Plan states as a guiding Policy, support development of Harbor Bay Business Park consistent with existing approvals and agreements (Policy 2.8.a of the Alameda General Plan, P. 38), and the City had previously approved the Kinder care and school facility in the same area of the Business Park on the northerly side of North Loop road. (4) Measures Incorporated Into the Project. The applicant has incorporated the following measures into the project which address concerns about aircraft - related noise and the possibility of complaints about noise interfering with the Oakland Airport's operations which were raised at the ALUC hearing: 1) Noise attenuation measures will be built into the project in conformance with the Maximum Interior Noise Levels required for Educational Facilities and Sanctuaries in the Business Park specified in the 1980 Agreement between the Port of Oakland and Harbor Bay Isle Associates: School classrooms - 45 dB School auditoriums - 35 dB Libraries 50 dB Recreational rooms - 55 dB Church sanctuaries - 40 dB (2) The applicant will execute and deliver to the Port of Oakland its direct release and immunity agreement incorporating the terms and conditions of the Noise Easement recorded on the lands of the Harbor Bay business Park, including the project site (3) The applicant will execute and deliver to the Port of Oakland its acknowledgment that it is bound by the terms of the Noise Easement recorded against its property. (4) The applicant will execute and deliver to the Port of Oakland an Avigation Easement in the same form as was used for the other two private schools located in the Harbor Bay Business Park. 3 (5) The applicant agrees to include in its contract with the parents of students enrolling in the private school an acknowledgment that the applicant has granted the Port of Oakland the above release and immunity agreement, acknowledgment of being bound by the Noise Easement, and the Avigation Easement and that the parents consent as a condition to enrollment in the school to the teems of these agreements and easements and acknowledge and consent that the Port of Oakland as a third party beneficiary has a direct right enforcement. Thus the applicant has incorporated meaningful measures into the project which will minimize the exposure of the relevant public (students and staff of the schools and church members and visitors) to excessive aircraft - related noise impacts and provide meaningful assurances that the applicant church and schools and the families of students enrolling in the school will not raise complaints about noise that could substantially interfere with the orderly operation or expansion of the Oakland Airport. (5) Withdrawal of Opposition to the Project by. the Port of Oakland. At the ALUC hearing on October 10, 2001, staff of the Port of Oakland expressed concerns about the potential of the project generating complaints over aircraft - related noise which could interfere with the management and orderly expansion of Oakland Metropolitan International Airport and recommended that the ALUC make a negative determination regarding the project. However, after giving the matter more consideration and reviewing the mitigation measures proposed by the applicant, on December 18, 2001, the Board of Port Commissioners for the Port of Oakland voted unanimously to withdraw any objections to the project in acknowledgment of the noise mitigation measures which have been incorporated into the project, the existence of two small private schools in the same vicinity, and after review of the prior Port Agreements with Harbor Bay Isle Associates and the City of Alameda. (6) Experience of the Two Private Schools on North Loop Road. Evidence is available that for the two private schools already in place on North Loop Road in the vicinity of the project site, aircraft - related noise has not interfered with school programs or activities, and they have not experienced aircraft flying so close to their facilities as to cause any safety concerns. (7) Location of Outdoor Sports Fields. The Oakland Raiders successfully operate outdoor sports fields much closer to the runway and safety clear zone of North field than the project area. Also, the Port of Oakland has located soccer fields on Airport property off Harbor Bay Parkway near the flight path from North Field. Aircraft - related noise exposures and safety concerns did not rule out these uses at these locations. 4 (8) Aircraft Safety Data from Caltrans Airport Land Use Planning Handbook. Data assembled and analyzed in the Caltrans division of Aeronautics Airport Land Use Planning Handbook from general aviation airports shows that the location pattern of aircraft accidents at or near general aviation airports is clustered on the centerline of the runways and just at the end of the runways and not widely dispersed laterally from the flight paths. Less than 2/3 of 1% of aircraft accidents involve aircraft hitting buildings, and of these only a few resulted in fatal or serious injuries to persons in the buildings. The results show a similarly infrequent occurrence of people on the ground outside of buildings being seriously or fatally injured by an aircraft accident, and such accidents of people being struck by airplanes are usually on the airport properties. (9) History of No Aircraft Accidents in Harbor Bay Business Park Lands. Evidence is available that there have not been any aircraft accidents in the Harbor Bay Business Park area since the Business Park opened in 1983. Aircraft do not fly over or near the project site. For the North Field of Oakland Airport, the primary departure flight path turns to the right over the Alameda Municipal Golf Courses, and if an aircraft experienced difficulty on takeoff, the open spaces in the golf courses would be the most obvious and accessible emergency landing spot, not a left turn over the large buildings in the Business Park and toward the school and church parcels. These factors tend to support a reasonable determination that the prospects of an aircraft accident at the project site are minimal. WHEREAS, the Planning Board held a public hearing on January 28, 2002 to consider this application, and examined pertinent maps, drawings, and documents; and WHEREAS, on January 28, 2002, the Planning Board approved the Final Development Plan and the Preliminary Design Review; and WHEREAS, on February 6, 2002, Harbor Bay residents Andrea Scarnecchia, Nick Correia, Michelle Stempien and Richard Davis timely filed an appeal, stating the bases of appeal as required in the Alameda Municipal Code; and WHEREAS, on March 19, 2002 the City Council continued and renoticed a public hearing to April 20, 2002 at Kaman Auditorium, and at the April 20, 2002 hearing considered the appeal and examined pertinent maps, drawings, documents and testimony and after finding no merit to the bases of appeal, upheld the Planning Board's determination; and WHEREAS, the City Council has made the following findings, and upholds Planning Board findings, relative to the Final Development Plan: Condition #2 of Resolution No. 1203 which approved the Business Park requires that for each development proposal within the Business Park a Final Development Plan be reviewed by Planning Staff for compliance with the conditions of Resolution #2 and then be brought before the Planning Board. 5 2. The proposal complies with all the development standards contained in Resolution No. 1203 as demonstrated in the discussion contained in the Planning Board Staff Report dated January 28, 2002. 3. Condition #60 of Resolution No. 1203 requires that an acoustical analysis needs to be submitted with the building permit submittal. However, no standards are given and there are no standards in the Alameda Municipal Code or the General Plan Health and Safety Element relative to school buildings. Table 8 of General Plan section 8.7 (Noise) provides that school and church buildings located in areas exceeding the CNEL 60dB as is the case with the subject site are conditionally acceptable so long as a detailed analysis of the noise reduction requirements to a level of less than 60dB is made and needed noise insulation features are included in the design. Compliance with this condition will be determined through the building permit process. Contemporary building design requirements relating to energy conservation may obviate the need for separate noise attenuation. WHEREAS, the City Council has made the following findings, and upholds Planning Board findings, relative to the Preliminary Design Review approval: Environmental impacts associated with the proposal have been addressed and mitigated in the 1974 EIR and the 1988 Addendum to the EIR. 2. As conditioned, the project will be compatible and harmonious with the design and use of surrounding properties. The proposed building is similar in design and scale to other buildings at the Business Park and harmonious with residential buildings in Harbor Bay. Limitations on the hours of use and night lighting are provided, inherent to the project as approved by conditions, to ensure that the development of the school will be compatible with the adjacent residential area. 3. As conditioned, the project will be consistent with the City's Design Review Guidelines, because the design has an appropriate sense of scale to the site, the building components have good proportions and the appropriate screening has been provided as part of the building design. WHEREAS, the City Council has made the following findings, and upholds Planning Board findings, relative to the specific design guidelines for the Business Park contained in Resolution No. 1203: The preliminary landscape plan consists of species used in the Harbor Bay Business Park and, thus, will be consistent with the required comprehensive landscape statement for the Business Park. 2. The proposed plant list is composed of drought resistant plant materials as required. 3. The building as designed will project a low horizontal profile which reduces the apparent bulk of the buildings as required by the Architectural Guidelines contained in Resolution No 1203. 6 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby finds, and upholds the Planning Board finding, that no further environmental review is required for the proposed project because: . The current proposal is consistent with the business park uses which were evaluated in the 1974 Final Environmental Impact Report, certified in April 1974, and the 1988 Addendum to the EIR, certified in April 1989; and the current proposal does not represent a change in the project as evaluated in the Final EIR and Addendum such that new significant environmental impacts have been identified which were not previously considered; 2. No substantial environmental changes which are pertinent to the current proposal have occurred in the project setting that will result in significant environmental impacts which were not evaluated in the Final EIR and Addendum; and 3. No new environmental information of substantial import and which is pertinent to the current proposal has become available that will result in new significant environmental impacts or will require a reassessment of the mitigation measures or alternatives identified in the Final EIR and Addendum. NOW, THEREFORE BE IT FURTHER RESOLVED, that the City Council of the City of Alameda upholds and sustains the Planning Boards determination approving Final Development Plan FDP01 -05 and Preliminary Design Review DR01 -108, based upon the following findings: 1. The appellants' bases of appeal and City staff responses to the bases of appeal are set forth in Attachment 1 to this Resolution, which is incorporated herein by reference as if set forth at length. 2. The City Council finds that these bases of appeal are not sufficient reason to overturn the Planning Board approval of the request, however, this Resolution incorporates revisions to the Planning Board Resolution which was appealed. 3. The City Council finds that existing environmental review, the 1984 Environmental Impact Report and 1989 Addendum for Harbor Bay, adequately addresses environmental issues of the project. BE IT FURTHER RESOLVED that City Council approval is contingent upon fulfillment of the following conditions, including City Council amendments to Planning Board - approved conditions: APPROVED PLANS 1 The proposal shall be constructed in substantial compliance with the plans prepared by Bunton - Clifford Architects, dated 8/13/2001, titled Bay Area Chinese Bible Church and Chinese Christian School, Harbor Bay Business Park Alameda consisting of 5 sheets, as modified by the applicants letter of April 11, 2002 to the Planning and Building Department, 7 on file, and a color and materials board, marked Exhibit A, and on file in the office of the City of Alameda Planning and Building Department except as modified herein subject to the following conditions and provided for Director of Planning and Building approval incorporating such changes in the plan sheets prior to building permit issuance: APPROVED USE /PHASING 2. a) The construction shall be phased as conditioned by this Resolution. The first phase approved by this Resolution shall include construction of the elementary school and multipurpose room, church and related accessory uses including adjacent sound wall and facility enrollment shall be capped at no more than 500 students within no more than 8 acres of the project site No portable buildings, other than temporary construction trailers during construction with Use Permit approval, are approved by this Resolution. Prior to determining whether to approve construction of additional phases to provide school facilities for up to 1,100 students (an additional 600 students) as requested by this project application, the Planning Board shall conduct a public hearing to verify compliance with the project conditions and review and approve a new (updated) traffic study validating or otherwise updating the project impact assessment and mitigations stipulated in the March 2002 project traffic study on file with the Planning and Building Department (see condition 6 below). Upon completion of any approved phases of the project the combined events or activities on the site shall not result in more persons assembled at one time than provided by capacity of on -site parking plus any shared parking agreements for off -site parking, as provided by the Director of Planning and Building. Parking attendants provided by the applicant will enforce this assembly and parking restriction. b) If, pursuant to paragraph (a) above, the Planning Board approves an increase in enrollment of up to 1,100 students, the project shall not exceed the facilities approved by the Planning Board in January, 2002: not more than 17 acres, with not more than 9 acres of playfields, not more than 180,000 square feet of building area in not more than 3 main buildings. Building height shall not average over 35 feet, nor shall the roof of any building exceed 55 feet in height except one decorative tower exceeding height as shown on plans approved by the Planning Board on January 28, 2002, which is 65 feet plus 2 feet of roof cap approximately 8 feet by 8 feet in area, and the religious symbol shall be on side wall of the tower, not exceeding the tower height. "Occupancy" is defined as peunanent connection to utilities. Prior to the approval of any construction pursuant to this approval, the applicant shall submit a phasing plan to the direction of the Planning and Building Director showing 1) the total number of phases, 2) what construction is included in each phase, 3) the likely sequence of phases and 4) the construction time required for each phase, not to exceed twelve (12) total years for all phases combined. Any part of the project not completed within twelve (12) years from April 20, 8 2002 shall require a new Final Development Plan approval prior to proceeding with the remaining construction. VESTING 3. The Design Review approval shall expire on October 20, 2002, for Phase 1 construction of the elementary school, church and accessory uses approved by the Resolution unless actual construction under valid permits has commenced or the applicant applies for and receives a one time six (6) month extension from the Director of Planning and Building. Final Development Plan approval for Phase 1 construction of the elementary school, church and accessory uses approved by the Resolution shall expire on April 20, 2003, unless actual permanent construction under valid permits has commenced or the applicant applies for and receives a one time twelve (12) month extension from the Planning and Building Director. The Planning Board must act on any subsequent phase within 12 (twelve) years of April 20, 2002 or approvals for Phase 2 expire. Final vesting for subsequent phases shall only take effect upon Planning Board approval pursuant to Condition 2(a). The Design Review and Final Development Plan for said subsequent phases shall then expire within 6 months and 12 months respectively upon Planning Board approval unless construction under valid permits has commenced or the approvals are extended by the Director of Planning and Building for 6 months and 12 months respectively. PARKING SUPPLY 4. The proposed parking supply of a minimum of 120 spaces in Phase 1 and 430 spaces in Phase 2, no more than 50% compact spaces., is approved so long as the project continues to be used primarily for private school and chapel uses. In a project of more than two phases, a pro rata share of parking shall be supplied to match the size of each project phase. This permit recognizes that used separately, these uses might require additional parking, however used jointly there is substantial overlapping parking demand which justifies reducing required parking.' Prior to the issuance of a building permit for interior modifications (Tenant Improvements) for any other use permitted in the zoning district such as commercial offices, the Planning and Building Director shall be informed as to the number of employees in each building. If there are 3.0 employees /1,000 square feet of gross floor area or fewer, then the building would be designated as an R &D use and the existing parking ratio is approved. If there are more employees per gross floor area, then the building would be classified as professional office use and a Parking Management plan would need to be implemented. This program can include, but is not limited to, preferred car pool parking spaces, bicycle lockers, cooperation with RIDES on car pool matching programs, disseminating transit information, providing subsidized mass transit passes, membership in the Alameda Transportation Management Association and encouraging employees to use alternative commute modes. The Parking Management plan shall be reviewed and approved by the Planning and Building Director and the City Engineer. This Parking Management plan shall be in addition to the 9 existing contributions to the Harbor Bay Business Park Association which are currently required. PARKING SPACE DESIGN 5. Prior to issuance of Final Design Review for the site and construction, or as otherwise approved by the Planning and Building Director the applicant shall provide a detailed revised parking plan, for review and approval by the Planning and Building Director. a). Disabled accessible parking spaces shall be retained or restriped to meet the number and dimensions required by the City and shall have disabled parking signs as approved by the City Public Works Department. b). All other parking spaces shall be 8 1/2 by 18 feet in size (standard) or 7 1/2 feet by 15 feet (compact) with backout area as provided by the Alameda Municipal Code. No more than 50% of the parking spaces shall be compact. TRAFFIC 6. The applicant shall provide the following regarding parking and traffic: a. Parking and Dropoff. Parking and dropoff /vehicle stacking areas shown on Exhibit El shall be modified to provide for efficient and safe arrivals and departures during schooldays, particularly along the south street connecting to Harbor Bay Parkway, as required by the City Public Works Director. The school shall be operated such that no more than 300 students are scheduled to arrive or depart from campus in any fifteen- minute period. Students traveling to or from school on alternative transportation (including carpools) shall not be included in this count. b. Signal at the Easterly End of Harbor Bay Parkway/North Loop Road. Installation of a traffic signal at the easterly intersection of Harbor Bay Parkway and North Loop Road is a condition of the project. The signal shall be fully funded and scheduled for construction prior to issuance of the first Building Permit to Phase 2 for the project, and shall be installed prior to issuance of a Certificate of Occupancy for the first Building Permit for Phase 2 of the Project. Signal funding may be through the Transportation Improvement Fund of the 1989 Harbor Bay Development Agreement for the Harbor Bay Business Park if funds are available at the time the traffic signal is required. Currently the TIT does not have revenues to fund this improvement. c. Verification of Transportation Impact Study: The applicant, BACBC /CCS, shall monitor the actual traffic generated by their use for the first five years after occupancy. Monitoring shall be as specified by the Public Works Director. The monitoring results shall be compared to the project's March 2002 traffic impact study 10 assumptions and used to further modify traffic conditions for Phase II upon review by the Planning Board or to further adjust the required project TSM /TDM measures as provided herein. TSM /TDM Measures: The TSM /TDM (Transportation System Management and Travel Demand Management) strategies may include: Employer -Based Incentives: 1. Financial incentives to teachers and employees to use alternative transportation modes. 2. Provide free bus passes to students. 3. Guaranteed ride home program 4. Lunchtime Shuttle to commercial center Parking Management: 5. Charge for onsite parking: tag all vehicles to prevent off -site impacts. 6. Preferential (free) car /vanpool parking Strategies: 7. Provide shuttle to /from BART, ferry terminal or other location 8. Provide carpool /vanpool matching service 9. Provide bicycle lockers/racks and showers Education/Promotion 10. Education campaign: Disseminate infotuiation at enrollment 11. Special commute event/fair (walk/bike -to- school -days) 12. Install transportation information kiosk at school 13. Raffles /prizes to participants TSM and TDM measures and strategies shall be implemented and monitored to assure that project ( single- occupant vehicle) trip generation is minimized and that a minimum of 40% of all project trips utilize alternative modes of transportation (including carpools). The target goal for trips by alternative modes of transportation shall be 50 %. Should the School not achieve the initial 40% standard during each school year or after 5 years, achieve the 50% goal during each school year, a monetary penalty for non-compliance shall be paid by the applicant. The maximum penalty for noncompliance shall be a payment to the Harbor Bay Traffic Improvement Fund of the amount of TIF which the applicant would have paid if it paid the standard portion of property taxes applicable to the TIF during this period. This amount shall be prorated based on the percentage of actual use of alternate transportation. If the 11 applicant surpasses the 40% goal in any year in the first five years, the percent above 40% alternative transit shall be a credit accruing against future penalties. d. Transit. Prior to occupancy approval for Phase 1, the applicant shall consult with Alameda Contra Costa Transit and the Alameda Transportation Commission to determine the adequacy of transit service for access to the School and shall provide documentation of consultation to the Planning and Building Director. FINAL DESIGN REVIEW 7. Prior to issuance of Final Design Review for construction of Phase 1, the applicant shall submit for Planning and Building Director review and approval, architectural details and final colors and materials for the building, incorporating design changes included in this Resolution and including but not limited to the following items. Minor alterations to plans of Exhibit A may be approved by the Planning and Building Director. Significant alterations may require review by the Planning Board, as determined by the Planning and Building Director. Bicycle storage facilities provided at a minimum rate of one bicycle storage space for every ten required parking spaces throughout the project site; Parking in conformance with ADA standards for accessible design, and provides loading and unloading spaces; c. A height limitation with no structure above a maximum of 55 feet in height except the one tower on the chapel, as shown on Exhibit "A" approved by the Planning Board on January 28, 2002, except that the religious symbol shall be below the roof peak, located on the side of the tower; Adding at least a minimum of 20 trees to the centers of the parking lots to create additional canopy effects; e. The final color and material selections; f. A Lighting Plan, including fixtures, with no ballfield or tennis courts lights other than safety lights to be approved by the Planning and Building Director; and g. Inclusion of final window and door deta trash and recycling area. ls, with all tri and door specifications, and h. A decorative precast concrete 8 foot noise barrier along the entire northerly border of the project at Catalina Avenue shall be installed by the applicant bordering each phase with that phase, consisting of berm and /or wall and curb, with landscaping on 12 both sides to the satisfaction of the Planning and Building Director. The barrier shall be designed to minimize the height by use of landscaped berms. The barrier shall be located commencing on the southerly property line of Catalina Avenue. The height of the barrier shall be measured from the higher elevation, at the School, rather than from Catalina Avenue.` The barrier shall be continuous without gate and not provide for vehicular, pedestrian or bicycle access from Island Drive across Catalina Avenue , including the adjacent site, prior to occupancy of the first building in Phase 1. Relocation of the tot lot away from the adjacent residential and closer to the elementary school and relocation of the bleachers for the ballfields away from residences to reduce noise impacts to adjacent residences pursuant to approval by the Planning and Building Director. LANDSCAPING. 8. Landscaping and irrigation shall be installed in each phase prior to approval of occupancy of any structure in that phase. Trees shall be 15 gallon or 24 inch box size as designated on the landscaping plan in Exhibit . The developer shall be required to comply with the landscaping requirements of the Parking Ordinance which requires a minimum of one tree planted for every four parking spaces within the adjacent one -acre portion of the parking lot. Trees shall be planted to create a tree canopy throughout the parking lot and at least 20 trees shall be added to trees shown on Exhibit A in order to accomplish this canopy. Prior to the issuance of Building Permits, Final Landscape Plans shall be submitted and approved to the satisfaction of the Planning and Building Director, which include the following, and shall be installed prior to occupancy. All required landscaping shall be properly maintained. Any plant materials removed or damaged during construction or found to be in an unhealthy condition shall be replanted as necessary. If any proposed work within the public right -of- way, or all of the required landscaping and irrigation cannot be completed prior to occupancy of the building, the applicant may prepare a performance agreement with the City of Alameda with appropriate financial security for the necessary work. The performance agreement shall be to the satisfaction of the Planning and Building Director, and the amount of financial security shall be based on an estimate of the work proposed, and subject to the approval of the Public Works Director. OUTDOOR ACTIVITIES 9. Outdoor activities, routine athletic activities, simultaneous or major /special events on the athletic fields shall be pei miffed only as follows: a) Location. Outdoor activities including but not limited to routine school functions, operations and/or organized sporting/recreational events, shall only take place on the athletic fields (e.g. the baseball fields, soccer fields, tennis courts and similar outdoor recreational use areas); 13 b) Hours. Outdoor activities shall only occur Monday through Friday, between the hours of 8:45 am and 7 pm (or dusk whichever is earlier). c) Simultaneous Activities. Simultaneous indoor and outdoor activities other than activities occurring weekdays as part of routine school operations, and "major events" as determined by the Director of Planning and Building, shall not occur more than a total of 4 days per calendar year, subject to the prior review and approval of the Director of Planning and Building. At least 10 days prior to conducting a simultaneous major event or indoor /outdoor activity, the CBC shall provide written notice to all residents and homeowner associations within 300 feet of the project site and provide evidence of such noticing to the Planning and Building Department. d) Exceptions. An exception to the standards above relating to permitted schedule for outdoor activities to a) and b) may be granted by the Director of Planning and Building for up to four (4) events per calendar year. At least ten (10) days prior to conducting an outdoor activity or special outdoor event that involves an exception as described above, the CBC shall provide written notice to all residents and homeowner associations within 300 feet of the project site and provide evidence of said noticing to the Planning and Building Department. e) Sports Incidental to Church/Sunday School Use. Except for sports events with teams from outside of the School, routine use of outdoor areas incidental to church or Sunday school building uses are permitted, between the hours of 9 am and 7 pm or dusk The Planning Board will review compliance with conditions for such uses when Phase II is considered for approval. CONSTRUCTION 10. During construction, the applicant shall ensure that construction crews 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. Construction activities shall be subject to the requirements of the Alameda Municipal Code which restricts construction to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 am. to 5:00 p.m. on Saturday and no construction on Sunday. URBAN RUNOFF 11. Prior to the issuance of any grading or building permit for the site, the applicant shall submit plans which show compliance with the Alameda County -wide Clean Water Program. These plans shall also show the planned methods by which entry of pollutants to the storm drain system will be reduced. 14 12. Prior to the issuance of a Building Permit, including for site grading or foundation, the applicant shall submit a Storm Drainage Improvement Plan that demonstrates to the satisfaction of the Public Works Director compliance with the City's Urban Runoff Ordinance, including but not limited to the following: a. Plans shall address drainage of the site and the project shall be designed to minimize runoff from storage, waste management (garbage & recycling), loading and parking areas. Plans shall address storm water impacts, mitigation measures and Best Management Practices (BMPs). b. The applicant shall give preference to site planning and design techniques over the use of traditional structural controls such as oil /water separators whenever possible. Plans shall minimize impervious surfaces, use permeable materials where appropriate, use swales to collect, filter, and reduce runoff into the storm drain system. c. If structural controls such as oil /water separators or filters systems are selected by the applicant as the preferred alternative, then justification for this selection shall be submitted along with a plan which details maintenance, monitoring, inspection and a budget with provisions to support these programs into the future of the site to the satisfaction of the City Engineer. d. Plans shall identify all storm drain improvements and provide details on existing and proposed storm drain facilities. e. 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 Public Works Director as part of the required improvement plan for this site The applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) for review and approval by the City Public Works Director and shall construct improvements in accordance with that Plan, to the satisfaction of the Alameda Countywide Clean Water Program and the City Public Works Director. WASTE /RECYCLING STORAGE 13. Adequate space dedicated for providing waste and recycling container storage, located as shown of the Site Plan, shall be retained in the final design. The final design and configuration of this space shall be provided to the satisfaction of the Planning and Building Director, in consultation with the City Waste Management Specialist 15 FIRE DEPARTMENT 14. The applicant shall comply with the requirements of the City of Alameda Fire Department including but not limited to those required by the current (1997) Fire Code. Each ,building shall have a 20 foot wide fire access lane, connecting to public streets, around the perimeter. A minimum of 2 additional hydrants must be added at locations approved by the Fire Prevention Officer. One would be in the parking lot adjacent to Elfuture elementary schoolE and one would be near the northeast corner of the main parking lot, both required for Phase 1 classrooms. Turning radius for fire apparatus for entering the school property from the North Loop Road entrance shall be cleared of landscaping and other obstacles. The inside turning radius must be adjusted to allow 28 feet of clearance between elementary school classrooms 7 and 8 and the landscaped property. A fire protection system shall be provided, in accordance with Article 10 of the 1998 CFC and Section 305.9 of the 1998 CBC. NOISE 15. Prior to the issuance of a building peiuiit for any of the buildings, the applicant shall submit a detailed acoustical analysis which shows how an interior noise level of less than 50dB can be achieved, to the satisfaction of the Planning and Building Director and Building Official. In order to minimize noise impacts on nearby residential areas, no outdoor loudspeakers (including bullhorns) that broadcast amplified voice or music shall be used on the site, excluding non - amplified sources, unless specifically approved by the Planning and Building Director per Condition 9 above. The applicant shall manage the use of the ballfields in order to minimize noise projected from the site toward adjacent residences. No night use of the ballfields is permitted. The applicant has incorporated into the project the five measures regarding noise which are described in Finding 4, pages 3 and 4 of this Resolution and the applicant shall assure that these measures have been fulfilled before the occupancy of the first school structures on the site. The project will keep windows closed where possible, to control noise, and utilize higher efficiency filtration systems (65 %) within the HVAC systems to control the outside air flow as a result of the location near the Oakland Airport. The project will provide proper 16 assurance of outside air quantity (15 cfm per person) by means of air flow monitoring stations to ensure proper indoor air quality. SIGNAGE 16. Signage for any of the buildings is subject to a separate sign permit. All signage shall be consistent with the requirements of the approved signage program for Harbor Bay Business Park. A religious symbol is not a sign, however, any religious symbol larger than the maximum size of a sign allowed in the applicable zoning district shall require staff Design Review approval. DEED RESTRICTIONS 17. Prior to the issuance of any building permit for the site, the applicant shall record a deed restriction to disclose the requirements of these Conditions to any successor in interest in the subject parcels, to the satisfaction of the Planning and Building Director. 18. Prior to the issuance of any building permit for the site, the applicant shall record a deed restriction or avigation easement and noise hold-harmless or the Port of Oakland Metropolitan International Airport to the satisfaction of the Planning and Building Director. ARCHAEOLOGY 19. Should currently unknown cultural resources be : encountered ' during construction, the contractor will immediately notify the city, who will contact a qualified archaeologist who will evaluate the resource in consultation with local Native American organizations. The contractor will then redirect work away from the affected area until notified by the archaeologist that it is safe to resume construction. Construction contracts will include this provision. BUILDING PERMITS 20. Prior to construction, the applicant will submit all applicable building permit applications to the City Central Permits Office. Any required building permits must be issued prior to commencement of construction. The improvements shallconfoiui to the Alameda Building Code. No occupancy of the subject building will be permitted until an application for a Certificate of Occupancy is submitted to the Central Permits Office, the application is reviewed and approved, the building is inspected and determined to be safe for the proposed occupancy and a Certificate of Occupancy is issued by the Building Official Building Permits are required to be obtained from the City of Alameda Central Permits Office for all proposed physical changes, alterations or additions to the subject building. 17 21. Existing and planned project elements will meet Uniform Building Code Seismic Zone 4 design standards to withstand expected earthquake ground shaking. Design will be verified for seismic loading by California - registered Professional Civil and Geotechnical Engineers; recommendations by these engineers regarding site preparation and design will be incorporated into project plans. The secondary focus ofproject design will be minimization of substantial earthquake- related equipment damage and avoidance of off -site impacts. OTHER PERMITS 22. The applicant shall obtain and comply with the conditions of permits required by other agencies in connection with the site. Where the requirements of other agency permits are more restrictive than this approval, the other agenciesE permits requirements shall apply. ALAMEDA POWER AND TELECOM 23. The number, size and voltage of the electrical services required for this development, and the total load in kilowatts or kilowatt /volts (KVA) needs to be provided, and location of the transfoliners to service these loads must be approved by the Bureau of Electricity before building permit issuance. The applicant will provide at no charge to the Bureau an easement and access to all Bureau facilities on the property prior to issuance of building permits. WATER/SEWER UTILITIES 24. Prior to issuance of Final Design Review and construction, the developer shall secure all necessary permit approvals from EBMUD regarding the installation of all revisions to water or sewer lines necessary to install the project. LIGHTING 25. Prior to issuance of Final Design Review and construction, the applicant shall submit a lighting plan and details of lighting fixtures for review and approval by the Planning and Building Director in consultation with the Police Department crime prevention unit. The lighting fixtures shall be compatible with existing lighting fixtures. Lighting shall be installed which provides an average of 2 footcandles of exterior light unless greater intensity is approved by the Planning and Building Director. All on -site lighting, including construction lighting, shall be downward- directed and shielded lighting and shielded to avoid lighting impacts on adjacent areas. There is no night - lighting of recreational fields permitted except safety lighting approved by the Planning and Building Director. PLANNING AND BUILDING DEPARTMENT INSPECTION 26. The site shall be inspected by the Planning and Building Department staff and found in compliance with all conditions and plans prior to issuance of the Certificate of Occupancy. 18 The applicant should allow 3 working days notice to the Planning and Building Department for this inspection UNENCLOSED STORAGE 27. There shall be no outdoor storage unless approved by the Planning and Building Director, and any outdoor storage permitted shall be surrounded by an opaque screen fence at least 6 feet in height and be used only for temporary storage of in- transit materials. WASTE WATER 28. The applicant shall have connections to the piped sanitary sewer system and shall comply with East Bay Municipal Utility District Wastewater Control Ordinance No. 311. UTILITY SERVICES 29. All water, gas, electrical and telephone lines shall be installed in accordance with the requirements of the Alameda Bureau of Electricity and other utility companies and to the satisfaction of the Public Works Director. All utilities shall be underground unless trunk lines are allowed to remain above ground by the Public Works Director. When the development plans are finalized, the applicant shall contact the East Bay Municipal Utility District New Business Office and request a water service estimate to determine costs and conditions of providing water service to the project and shall follow EBMUD requirements. 30. The applicant shall incorporate water conservation measures for both internal and external use in the design and construction of the project. This should include the use of equipment, devices and methodology that further water conservation and provide for efficient use of water to the satisfaction of the Planning and Building Director. All necessary water main extension to meet fire flow requirements set by the Alameda Fire Chief shall be constructed at the applicant's expense. HAZARDOUS MATERIALS 31 To ensure protection of public health and the environment, the contractor shall submit plans, procedures and controls to be used when encountering hazardous conditions and substances during construction to the City for prior approval. Should unanticipated hazardous waste be encountered during construction, the contractor will stop excavation in that area and immediately contact the City Planning and Building Department and owners of other property within 200 feet of known areas of contamination prior to construction in areas of contamination. 19 32. The contractor will evaluate potentially contaminated materials encountered during construction in the context of applicable local, state and federal regulations and/or guidelines governing hazardous waste. The applicant will remediate or dispose of materials deemed hazardous following applicable agency regulations and /or guidelines. Qualified hazardous waste personnel will supervise and document evaluations, remediation, treatment and /or disposal of hazardous waste. Construction personnel will utilize the protocols in this manual. Should excavated material be determined to contain chemicals at concentrations considered hazardous, the contractor shall transport the material to a licensed facility for treatment /disposal. Such materials shall be covered while being hauled. POLICE REQUIREMENTS 33. Prior to occupancy, the applicant shall provide to the satisfaction of the Police Chief security alarm systems, night- illuminated 12 inch high street number signs, security doors and windows for all main buildings, and parking lot lighting. Landscaping should be of a type and location situated to maximize Police patrol and citizen observation, not concealing doors or main walkways from view more than necessary for aesthetic or functional purposes. HOLD HARMLESS 34. The City of Alameda requires as a condition of this Final Development Plan and Preliminary Design Review approval that Chinese Bible Church as applicant or its successors in interest, defend, indemnify, and hold hamiless the City of Alameda and its agents, officers, and employees, jointly and severally, from any claim, action, or proceeding against the City, and its agents, officers, and employees, jointly and severally, to attack, set aside, void, or annul, an approval of the City concerning FDP -01 -05 and DR -01 -108 and the proposed construction at 1801 North Loop Road which action is brought in the time provide for by law. The City of Alameda shall promptly notify the applicant of any claim, action or proceeding and the City, shall cooperate fully in the defense. If the City fails to promptly notify the applicant of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, the applicant shall not hereafter be responsible to defend, indemnify, or hold harmless the party or parties so failing to cooperate fully in the defense. The applicant will execute and deliver to the City of Alameda a recordable release and immunity agreement which will run with the land whereby the applicant agrees to hold harmless, defend and indemnify the City, its City Council, boards and commissions, officers and employees from any and all claims brought by the applicant caused by noise, vibration, overflights, crashes or any other effects related to airport operations. The language and scope of the agreement will be equivalent to that in the Noise Easement and Avigation Easement in favor of the Port of Oakland which the applicant will execute and deliver to the Port. The applicant agrees that it will require parents of students enrolling in the school to sign a contract acknowledging that the applicant has signed the agreement referred to herein and requiring the parents to likewise agree to hold harmless, defend and indemnify the City, its City Council, boards and commissions, officers and employees, from any and all claims caused by noise, vibration, overflights, crashes or any other effects related to airport 20 operations. This contract will include a provision stating that the City is a third party beneficiary and is given the direct right to enforce the contract against the parents as a condition of enrollment in the school. REGULATIONS 35. All regulations of the Alameda Municipal Code shall apply to FDP01 -05 and DR01 -108 except where express provisions have been made in Final Development Plan approval. AMENDMENTS 36. Additions and/or alterations to buildings within this site shall be subject to design review if said modifications are in compliance with standards of this Planned Development. Additions and/or alterations shall be subject to a Planned Development Amendment where they do not comply to one or more of the requirements. ACKNOWLEDGMENT OF CONDITIONS 37. The applicant shall acknowledge in writing all of the conditions of approval and must accept this permit subject to those conditions and with full awareness of the applicable provisions of Alameda Municipal Code in order for this approval to be exercised. COMMUNITY LIAISON 38. The applicant will maintain a community liaison committee (CLC) composed of residents interested in discussing and evaluating any neighborhood impacts. Operational aspects of the projects that can be modified to mitigate specific concerns of the immediate neighborhood will be the main focus of each meeting. Meetings shall be held on an as needed basis and at least semi - annually. In addition to Committee members, Alameda City Planning staff and adjacent Homeowners Association including but not limited to Heritage, Islandia, Garden Isle, Bay Cove and Lighthouse Cove, will be notified of and invited to all meetings. NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision or final action on any appeals plus extensions authorized by California Code of Civil Procedure Section 1094.6. NOTICE. The Conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and other exactions. You are hereby further notified that the 90 day appeal period in which you may protest these fees and other exactions, pursuant to Government Code Section 66020(a) has begun. If you fail to file a protest within this 90 day period complying with all the requirements of Section 66020, you will be legally barred from later challenging such fees or exactions. 11 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 20th day of April, 2002, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, and Mayor Appezzato 4. NOES: ABSENT: ABSTENTIONS: IN WITNESS, WHEREOF, 21st day of April, 2002. Councilmember Kerr - 1 None. None. have hereunto set my hand and affixed the official seal of said City this uriA Lara Weisiger, City C1ejk City of Alameda