Resolution 13705 and Staff ReportCITY OF ALAMEDA RESOLUTION NO. 13 7 0 5
AMENDING THE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
FOR THE CATELLUS MIXED USE DEVELOPMENT (STATE CLEARINGHOUSE
#1998112078) MODIFYING CATELLUS' OBLIGATIONS TO MEET CERTAIN
REQUIREMENTS OF THE MMRP BY ALLOCATING THOSE OBLIGATIONS BETWEEN
ACET (ADVANCING CALIFORNIA'S EMERGING TECHNOLOGIES) AND CATELLUS
WHEREAS, the City issued a Notice of Preparation (NOP) of an Environmental Impact
Report (EIR) for the Catellus Mixed Use Development on November 23, 1998; and
WHEREAS, the City conducted a public sewing meeting on December 16, 1998; and
WHEREAS, a Draft Environmental Impact Report (December 1999) was circulated for
public comment between December 13, 1999 and January 31, 2000, and written and oral comments
were received; and
WHEREAS, the Planning Board held two public hearings to accept comments on the Draft
EIR on January 29, 2000; and
WHEREAS, written responses were prepared addressing all significant environmental issues
raised by commentors during the public review period and published as the EIR Response to
Comments (April 2000), incorporated by reference into this document; and
WHEREAS, the Final EIR, consisting of the Draft EIR and DR Response to Comments, was
made available to the public on May 2, 2000 for a 15 -day public review; and
WHEREAS, the Planning Board held a public hearing on this Final Environmental Impact
Report on May 13, 2000, examined pertinent maps and documents, considered the testimony and
written comments received; and
WHEREAS, on May 31, 2000, the City Council certified the Final Environmental Impact
Report, including the MMRP, and adopted a statement of overriding considerations; and
WHEREAS, amendments to the Catellus Mitigation Monitoring and Reporting Program
(MMRP) mitigations are required that would modify Catellus' obligations to meet certain
requirements of the MMRP by allocating those obligations between ACET and Catellus; and
WHEREAS, a second Addendum to the Final EIR was prepared on April 12, 2004 to address
any environmental effects of amendments to the Master Plan, Development Agreement and MMRP
as required by the ACET project; and
WHEREAS, pursuant to the Final EIR and the second EIR Addendum, the MMRP
amendments would not trigger the need for subsequent environmental review pursuant to section
15162 of the CEQA Guidelines.
WHEREAS, the Planning Board held a public hearing on the second EIR Addendum and
MMRP amendments on April 26, 2004, examined pertinent maps and documents, considered the
testimony and written comments received; and
WHEREAS, the Planning Board recommended that the Council approve the second EIR
Addendum and the MMRP amendments at a public hearing on May 4, 2004; and
NOW, THEREFORE BE IT RESOLVED that the Council of the City of Alameda hereby
approves the EIR Addendum (Attachment 1) and the following MMRP amendments for the Catellus
Mixed Use Development.
MMRP AMENDMENTS
1. MMRP T /C -19(a) (TSM Program) shall be allocated according to the size of the
development shown in the respective Development Plans. ACET will prepare a TSM Program for
the ACET Project in conjunction with submittal of its Development Plan. Catellus shall prepare a
master TSM Program for the balance of the entire Catellus Business Park in conjunction with
submittal of the first Development Plan within the Business Park.
The allocation is based on the following: Since the ACET Project will be approximately
30,000 square feet of floor area and will generate minimal peak hour impacts, the TSM Program
submitted by ACET with its Development Plan shall be designed commensurate with its level of
impact. Since the balance of the Business Park to be developed by Catellus may include up to 1.3
million square feet of floor area and may generate significant peak hour impacts, the TSM Program
submitted by Catellus with the first Development Plan for the balance of the entire Business Park
shall be comprehensive in scope and include a range of TSM measures and potential financial
contributions to fund various trip reduction programs developed by the Catellus Transportation
Systems Manager and approved by the City.
2. MMRP #5(a) (traffic signal at Mariner Square Drive and Constitution Way) shall be
allocated according to the traffic trip levels generated by the respective Development Plans (see basis
of allocation described above). ACET shall pay its fair share contribution toward the cost of
constructing the traffic signal in conjunction with submittal of the Development Plan for the ACET
Project. Catellus shall pay its fair share contribution towards the cost of constructing the traffic
signal in conjunction with submittal of the first Development Plan for the balance of the Catellus
Business Park. City shall install the traffic signal prior to occupancy of the first commercial building
developed within the Business Park in the area to be developed by Catellus.
3. MMRP T /C -9(a) through T /C -18: The fair share payments required by these mitigation
measures shall be allocated as follows: ACET shall pay its fair share contribution in conjunction
with submittal of the Development Plan for the ACET Project. Catellus shall pay its fair share
contribution in conjunction with submittal of the first Development Plan for the balance of the
Catellus Business Park.
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RESPONSIBILITY
1. As among ACET, the CIC and CDC, ACET shall be responsible for the costs associated
with the obtaining, implementing, and defending any necessary amendments of the Mitigation
Measures and Project Approvals and any required environmental review related thereto.
Attachment 1: Second EIR Addendum, dated April 12, 2004
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SECOND EIR ADDENDUM
CATELLUS MIXED USE DEVELOPMENT AMENDMENTS TO
MASTER PLAN, DEVELOPMENT AGREEMENT AND MMRP
MODIFYING CATELLUS' OBLIGATIONS TO MEET CERTAIN
REQUIREMENTS OF THE MASTER PLAN AND MMRP BY ALLOCATING
THOSE OBLIGATIONS BETWEEN ACET (ADVANCING CALIFORNIA'S
EMERGING TECHNOLOGIES) AND CATELLUS
April 12, 2004
Introduction
This EIR Addendum examines the environmental impacts that may result from the
proposed amendments to the Catellus Master Plan, Development Agreement and
Mitigation Monitoring and Reporting Program (MIVIRP) as required by the ACET
project. The Catellus Mixed Use Development EIR (State Clearinghouse #1998112078)
was certified by the City of Alameda in May 2000. The first EIR addendum for the
project was prepared in November of 2001 and approved by the City in December of
2001. This is the second EIR Addendum prepared for the Catellus project.
Proposed Project Description
The proposed project consists of: 1) a Development Agreement Amendment to release
the ACET parcel from the Catellus development; 2) a Master Plan Amendment to the
Catellus Master Plan conditions that would modify Catellus' obligations to meet certain
requirements of the Master Plan by allocating those obligations between ACET and
Catellus; and 3) an Amendment to the Catellus Mitigation Monitoring and Reporting
Program (MMRP) mitigations that would modify Catellus' obligations to meet certain
requirements of the MMRP by allocating those obligations between ACET and Catellus.
The Second Development Agreement Amendment would release the ACET parcel from
the Catellus development and would stipulate that the ACET project approvals will
not allocate to Catellus any conditions of approval or mitigation measures to be satisfied
in connection with the ACET Project. Under the second Master Plan Amendment and
the MMRP Amendment, Catellus' obligations to meet certain requirements of the
Catellus Master Plan and MMRP would be allocated between Catellus and ACET.
Specifically, this allocation applies to the following conditions of the Catellus Master
Plan (Condition #13f "Master Sign Program" and Condition #18 "TSM Program ") and
the MMRP (Mitigations T/C 5a and T/C 9 through 18 "Transportation Improvements"
and T/C 19a "TSM Program "). All conditions of the Master Plan and MMRP will
continue to be met and each party will be responsible for its fair share of the conditions.
Evaluation of Potential Environmental Impacts
Land Use: Land uses would remain unchanged as a result of the proposed project.
Public Policy: No public policies would be affected as a result of the revised
Population and Housing: No impacts to population or housing would result from the
proposed project.
Hydrology and Storm Drainage: No impacts to hydrology or stoim drainage would
result from the proposed project.
Geology, Soils and Seismicity: No impacts to geology, soils and seismicity would result
from the proposed project. •
Hazards: No impacts to public safety or hazards would result from the proposed project.
Biological Resources: No impacts to biological resources would result from the
proposed project.
Traffic and Circulation: The proposed project would change the allocation of several
Master Plan conditions and MMRP mitigations relating to transportation. Specifically,
this allocation applies to Condition #18 "TSM Program" of the Catellus Master Plan and
MMRP Mitigations TIC 5a and T/C 9 through 18 "Transportation Improvements" and
TIC 19a "TSM Program ". All conditions of the Master Plan and MIVIRP will continue to
be met and each party will be responsible for its fair share of the conditions. The
language included in the proposed amendments to the DA, Master Plan and MMRP
ensures that each condition is allocated to the appropriate party, that Catellus is not held
responsible for any conditions triggered by the ACET project and that ACET is not held
responsible for more than its fair share of the conditions in the Master Plan and MMRP.
The entire text of the amendments to the Master Plan conditions and MMRP mitigations
are as follows:
AMENDMENT TO MASTER PLAN CONDITIONS
1. Master Plan condition #18 (TSM Program) shall be allocated according to the size of
the development shown in their respective Development Plans. ACET will prepare a
TSM Program for the ACET Project in conjunction with submittal of its Development
Plan. Catellus shall prepare a master TSM Program for the balance of the entire Catellus
Business Park in conjunction with submittal of the first Development Plan within the
Business Park.
The allocation is based on the following: Since the ACET Project will be approximately
30,000 square feet of floor area and will generate minimal peak hour impacts, the TSM
Program submitted by ACET with its Development Plan shall be designed commensurate
with its level of impact. Since the balance of the Business Park to be developed by
2
Catellus may include up to 1.3 million square feet of floor area and may generate
significant peak hour impacts, the TSM Program submitted by Catellus with the first
Development Plan for the balance of the entire Business Park shall be comprehensive in
scope and include a range of TSM measures and potential financial contributions to fund
various trip reduction programs developed by the Catellus Transportation Systems
Manager and approved by the City.
MMRP AMENDMENTS
1. MMRP T /C -19(a) (TSM Program) shall be allocated according to the size of the
development shown in their respective Development Plans. ACET will prepare a TSM
Program for the ACET Project in conjunction with submittal of its Development Plan.
Catellus shall prepare a master TSM Program for the balance of the entire Catellus
Business Park in conjunction with submittal of the first Development Plan within the
Business Park.
The allocation is based on the following: Since the ACET Project will be approximately
30,000 square feet of floor area and will generate minimal peak hour impacts, the TSM
Program submitted by ACET with its Development Plan shall be designed commensurate
with its level of impact. Since the balance of the Business Park to be developed by
Catellus may include up to 1.3 million square feet of floor area and may generate
significant peak hour impacts, the TSM Program submitted by Catellus with the first
Development Plan for the balance of the entire Business Park shall be comprehensive in
scope and include a range of TSM measures and potential financial contributions to fund
various trip reduction programs developed by the Catellus Transportation Systems
Manager and approved by the City.
2. MMRP #5(a) ( traffic signal at Mariner Square Drive and Constitution Way) shall be
allocated according to the traffic trip levels generated by the respective Development
Plans (see basis described above). ACET shall pay its fair share contribution towards the
cost of constructing the traffic signal in conjunction with submittal of the Development
Plan for the ACET Project. Catellus shall pay its fair share contribution towards the cost
of constructing the traffic signal in conjunction with submittal of the first Development
Plan for the balance of the Catellus Business Park. City shall install the traffic signal
prior to occupancy of the first commercial building developed within the Business Park
in the area to be developed by Catellus.
3. MMRP T /C -9(a) through T /C -18: The fair share payments required by these
mitigation measures shall be allocated as follows: ACET shall > pay its fair share
contributions in conjunction with submittal of the Development Plan for the ACET
Project. Catellus shall pay its fair share contributions in conjunction with submittal of the
first Development Plan for the balance of the Catellus Business Park.
All conditions of the Master Plan and MMRP will continue to be met and each party will
be responsible for its fair share of the conditions. Therefore, no impacts to traffic or
circulation would result from the proposed project.
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Air Quality and Noise: No impacts to air quality or noise would result from the
proposed project.
Public Services and Utilities: No impacts to public services or utilities would result
from the proposed project.
Cultural Resources: No impacts to cultural resources would result from the proposed
project.
Aesthetics: No impacts to aesthetic resources would result from the proposed project.
Environmental Findings
Based on the above information and analysis in this second EIR Addendum, the proposed
project would not trigger the need for subsequent environmental review pursuant to
Public Resources Code section 2166, section 15162 and section 15164 of the CEQA
Guidelines. The changes in the proposed project are minor and would not require major
revisions of the Catellus Mixed Use Development EIR because: 1) the project would not
introduce new significant environmental effects or substantially increase the severity of
previously identified significant effects; and 2) 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 or EIR Addendum. In addition, no mitigation measures
previously found not to be feasible, or are considerably different, would now be feasible
and would substantially reduce one or more significant effects of the project. Therefore,
this EIR Addendum covers all potential environmental effects of the proposed project and
no further environmental analysis is required for the current application.
The applicant has agreed to incorporate the relevant conditions of the Catellus Master
Plan and Mitigation Monitoring and Reporting Program (MMRP) into the proposed
Project and compliance with those conditions and mitigations has been included as a
condition of approval in the resolutions approving the project. The MMRP is also
attached to the Development Agreement which is a legally binding contract.
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I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting of the City Council
on the 4th day of May, 2004, by the following vote to wit:
AYES: Councilmembers Daysog, Gilmore, Kerr, Matarrese, and
Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
5th day of May, 2004.
Lara Weisiger, City C
City of Alameda
City of Alameda
Memorandum
Date: April 21, 2004
To: Honorable Mayor and
Councilmembers
From:
Re:
James M. Flint,
City Manager
DAA04 -01/ MPA04- 0001: ACET (Advancing California's Emerging Technologies)
Request for: 1) Development Agreement Amendment to release the ACET parcel
from the Catellus development; 2) Master Plan Amendment to the Catellus Master
Plan conditions that would modify Catellus' obligations to meet certain requirements
of the Master Plan by allocating those obligations between ACET and Catellus; and
3) Amendment to the Catellus Mitigation Monitoring and Reporting Program
(MMRP) modifying Catellus' obligations to meet certain requirements of the MMRP
by allocating those obligations between ACET and Catellus.
BACKGROUND
Development Agreement, Master Plan, Mitigation Monitoring and Reporting_Program (MMRP)
A Master Plan, General Plan Amendment, Rezoning, Development Agreement, Tentative Map and
Final Environmental Impact Report (EIR) including an MMRP for the Catellus project were
approved by the City Council on May 31, 2000. These approvals were amended by the Council in
December of 2001 to provide for affordable housing, in conformance with the Settlement
Agreement, and to reconfigure the school and park site.
An application was made on March 29, 2004 by ACET (Advancing California's Emerging
Technologies) requesting approval of 1) Development Plan and Major Design Review for an
approximately 30,200 square foot bio -tech incubator building on an approximately 3.4 acre site; 2)
Development Agreement Amendment to release the ACET parcel from the Catellus development; 3)
Master Plan Amendment to the Catellus Master Plan conditions that would modify Catellus'
obligations to meet certain requirements of the Master Plan by allocating those obligations between
ACET and Catellus; and 4) Amendment to the Catellus Mitigation Monitoring and Reporting
Program (MMRP) modifying Catellus' obligations to meet certain requirements of the MMRP by
allocating those obligations between ACET and Catellus. A second EIR Addendum was prepared on
April 12, 2004, for the current proposals.
Re: Hearing, Intro of Ordinances
Dedicated to Excellence, Committed to Service and Resolution #5 -B
5-
4-04 Y
Honorable Mayor and
Councilmembers
Planning Board Action
Page 2
April 21, 2004
On April 26, 2004, the Planning Board approved ACET's application for Development Plan and
Major Design Review for the proposed bio -tech incubator building. At that meeting, the Planning
Board recommended Council approval of amendments to the Catellus Master Plan, Development
Agreement and MMRP as well as a second EIR Addendum.
DISCUSSION /ANALYSIS
Proposal: In addition to the Planned Development and Major Design Review, a Development
Agreement Amendment is required to release the ACET parcel from the Catellus development. In
addition, a Master Plan Amendment is required to modify Catellus' obligations to meet certain
requirements of the Master Plan by allocating those obligations between ACET and Catellus.
Finally, an amendment to the Catellus Mitigation Monitoring and Reporting Program (MMRP) is
required to modify Catellus' obligations to meet certain requirements of the MMRP by allocating
those obligations between ACET and Catellus.
Discussion: The Second Development Agreement Amendment would release the ACET parcel from
the Catellus development and would stipulate that the ACET project approvals will
not allocate to Catellus any conditions of approval or mitigation measures to be satisfied in
connection with the ACET Project. Under the amendments to the Master Plan conditions and the
MMRP mitigations, Catellus' obligations to meet certain requirements of the Catellus Master Plan
and MMRP would be allocated between Catellus and ACET. Specifically, this allocation applies to
the following conditions of the Catellus Master Plan (Condition #13f "Master Sign Program" and
Condition #18 "TSM Program ") and the MMRP (Mitigations T/C 5a and T/C 9 through 18
"Transportation Improvements" and T/C 19a "TSM Program "). All conditions of the Master Plan
and MMRP will continue to be met and each party will be responsible for its fair share of the
conditions.
Initially, Catellus was concerned that the construction of the ACET project would trigger significant
requirements for the Catellus Business Park before any Catellus buildings were constructed. The
requirements to prepare a Master Sign Program and TSM Program for the entire Business Park, for
example, would technically be triggered by the ACET building because of its location inside the
boundaries of the Catellus Business Park. The language included in the proposed amendments to the
DA, Master Plan and MMRP ensures that each condition is allocated to the appropriate' party, that
Catellus is not held responsible for any conditions triggered by the ACET project and that ACET is
not held responsible for more than its fair share of the conditions in the Master Plan and MMRP.
Conclusion: The City, ACET and Catellus have agreed to the apportioning of these obligations.
BUDGET CONS1DERATION/FINANCIAL IMPACT
There would be no budget or financial impact of the proposed amendments.
Dedicated to Excellence, Committed to Service
Honorable Mayor and
Councilmembers
RECOMMENDATION
Page 3
April 21, 2004
The City Manager recommends that the City Council approve:
1) Second Amendment to the Catellus Development Agreement based on the findings and the
conditions contained in the Draft Ordinance;
2) Amendment to the Catellus Master Plan based on the findings and the conditions contained
in the Draft Ordinance; and
3) Amendment to the Catellus Mitigation Monitoring and Reporting Program (MMRP) based
on the findings and the conditions and the second EIR Addendum contained in the Draft
Resolution.
Respectfully submitted,
Gregory L. Fuz
Planning and Building Director
By:
G:\PLANNING \CC\REPORTS \2004\i -May 04 \CCSR- 5- 03- 042.doc
Debbie Potter
Base Reuse and Redevelopment Manager
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Dedicated to Excellence, Committed to Service