Resolution 13940CITY OF ALAMEDA RESOLUTION NO.13940
UPHOLDING THE APPEAL BY VENTURE CORPORATION FOR
DEVELOPMENT OF THREE NEW COMMERCIAL BUILDINGS AT
2201 HARBOR BAY PARKWAY
WHEREAS, an application for Final Development Plan FDP05 -0003 and
Major Design Review DR05 -0129 was made on November 23, 2005 by Venture
Corporation, consisting of three new two -story mixed use research and
development and professional office buildings with a combined area of 44,844
square feet, and associated parking and landscaping on an approximately 3.1 acre
site, located at 2201 Harbor Bay Parkway; and
WHEREAS, ;FDP05 -0003, DR05 -0129 was accepted as complete on
Janquary 17, 2006; 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 Harbor Bay Business Park was approved as a Planned
Development by PD -81 -2, and subsequently amended by PDA -85 -4; and
WHEREAS, the Planning Board held a public hearing on February 27, 2006
for this application and failed to reach a majority vote required for either approval
or denial; a project is "deemed denied" if a motion fails for lack of four votes; and
WHEREAS, On March 8, 2006 the applicant appealed the Planning Board's
"deemed denial "; and
WHEREAS, On April 4, 2006 the City Council held a public hearing and
made the following findings relative to the Final Development Plan:
Finding 1. Condition No 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 and Building Staff for compliance with the conditions of
Resolution No.1203 and then be brought before the Planning Board.
This requirement has been fulfilled for this project.
Finding 2. The project complies with Condition No. 44 of Resolution No. 1203,
which provides development standards including building setbacks,
building coverage, landscaping coverage, floor area ratio, building
height.
The proposal complies with the development standards contained in
Resolution No 1203 as demonstrated in the discussion contained in
the Staff Reports.
Finding 3. The project complies with AMC development standards including
parking requirements and allowed uses within the C -M Zoning
District. The project complies with `City parking requirements as
demonstrated in the discussion contained in Staff Reports.
Professional offices and light industrial uses are allowed in C -M
Zoning 'District. Additionally, Condition No 3 of this resolution
requires a zoning compliance determination prior to occupancy or
change in use.
Finding 4. The project complies with City noise standards.
Condition No. 60 of Resolution No. 1203 requires that an acoustical
analysis be submitted with the building permit submittal. Table 8 of
General Plan section 8.7 (Noise) provides that office and industrial
buildings located in areas exceeding the CNEL 65dB 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 65dB is made and needed noise insulation features are
included in the design. The maximum 65dB noise level' is set by the
AMC. Compliance with this condition will be ensured through the
building permit process.
WHEREAS, the Council made the following findings relative to the Major
Design Review approval:
Finding 1
As conditioned, the project will be compatible and harmonious with
the site, adjacent or neighboring buildings and surroundings and
promote harmonious transitions in scale and character in areas
between designated land use areas as required by AMC Section 30-
37.5(a), the City Design Review Manual and Resolution 1203.
The proposed buildings are similar in design and scale to other
nearby buildings in the Business Park. The primary architectural
features provide a modern, straightforward design that is consistent
with other buildings in the business park. The buildings proposed for
the site will be constructed with the most detailed facades facing
street frontages as required. Appropriate screening has been
provided for all mechanical and electrical equipment as part of the
building design.
Finding 2. The project includes an extensive landscaped buffer between the
structures and Harbor Bay Parkway. This provides a transition zone
between the project and the adjacent public area which includes
Harbor Bay Parkway and the open space corridor between Harbor
Bay Parkway and the San Francisco Bay. Visual impacts are further
reduced by locating dumpsters and loading bays along the sides and
rear of the property. Landscape materials are consistent with
existing vegetation in the business park and consist of hardy,
drought resistant species.
Finding 3. Building orientation maximizes the visual orientation with the water.
The project includes three two -story buildings. The majority of
second -floor offices will have bay views. Site layout will preserve
second -floor views from the existing building located across North
Loop Road. When viewed from the bay, the wide landscaped buffer
along Harbor Bay Parkway will provide effective screening of the
parking areas.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda hereby finds that no further environmental review is required for the
proposed project as provided by Section 15162 of the California Environmental
Quality Act Guidelines because:
Finding 1. Pursuant to CEQA Guidelines Section 15162, there have been no
significant changes in circumstances that require revisions to the
previously certified Environmental Impact Report. The project will not
cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
BE IT FURTHER RESOLVED that the City Council of the City of Alameda hereby
upholds the applicant's appeal and approves Final Development Plan FDP05 -0003
and Major Design Review DR05 -0127 subject to the following conditions.
Planning and Building Department
1. The project shall be constructed in substantial compliance with the plans
prepared by Ware Malcomb Architects, dated February 8, 2006.
2. Theses approvals will expire on February 27, 2007 unless construction
under valid permits has been commenced or the applicant applies for and
receives a single twelve- -month extension.
3. Prior to initial occupancy or any subsequent change in use, the applicant
shall request a Zoning Compliance Determination from the Planning and
Building, Director. The applicant / owner shall provide all information
required by the Planning Director to determine zoning compliance and shall
pay standard fees as established by the City of Alameda to cover the cost
of the determination. Allocation of parking spaces shall be confirmed in the
project C. C. & R's based on floor area and type of use. Any future
modification of parking space allocation shall be addressed through the
owner's association.
4. The applicant shall record a deed restriction on the parcel to disclose the
requirements of Condition #3 to any successor in interest of the property.
5. Prior to the issuance of building permits, the applicant shall submit a
detailed acoustical analysis which shows how an interior noise level of less
than 65dB will be achieved, to the satisfaction of the Planning and Building
Director and Building Official.
6. Signage shall be subject to a separate permit. All signage shall be
consistent with the requirements of the approved signage program for
Harbor Bay Business Park. The applicant shall submit application(s) to the
Planning and Building Department for approval prior to construction or
modification of any signs.
7. All conditions of Planning Board Resolution No. 1203 are hereby
incorporated by reference.
8. All landscaping shall be in compliance with the approved preliminary
landscaping plan prepared by Ridge Landscape Architects, dated February
6, 2006 and Ware Malcolm February 27, 2006. Landscaping along Harbor
Bay Parkway and North Loop Road shall incorporate berms, trees and
shrubs to screen the parking areas from public viewing areas. Final
occupancy for any buildings on this site shall not be issued until the
Planning and Building Director determines that project landscaping as
designed and implemented will effectively screen the parking areas from
public viewing areas. The Planning and Building Director may require
additional monitoring to ensure proper maintenance and care of
landscaping. The owner(s) of this property shall be responsible for
maintaining project landscaping. Prior to the issuance building permit, the
applicant shall record a deed restriction, on the parcel to disclose these
landscaping requirements to any successor in interest of the property.
9. There shall be no outdoor storage unless approved by the Planning and
Building Director, and any outdoor storage permitted shall be temporary for
in-transit materials.
Federal Aviation Administration
10. Prior to issuance of building permits, the applicant shall submit to the
Federal Aviation Administration a Form (currently designated 7460 although
FAA may designate a substitute form), completed to FAA satisfaction,
which describes the electronic and light emissions and reflections from the
facility toward Port of Oakland runways and related information. The FAA
Form 7460or the equivalent regulates both building external elements and
construction elements including temporary use of cranes. The applicant
shall conform to FAA requirements in the Form 7460 or FAA- approved
equivalent process. The applicant shall conform to any process of the
Alameda County Airport Land Use Commission and 'shall provide
verification to the Planning and Building Director of compliance efforts.
Public Works Dept.
11. Bicycle Racks: The applicant shall provide bicycle racks at a ratio of 1 bike
space per 10 vehicle parking spaces. Bike racks shall be located at each
building. Location and capacity of bike racks shall be included on building
permit application plans.
12. The proposed new median cut opening on Harbor Bay Parkway opposite
the Harbor Bay Parkway driveway entrance to the site is acceptable with
the condition that the existing Harbor Bay Parkway median opening located
approximately 300 ft to the west be closed off and relocated westerly
approximately 490 ft. from the Venture II opening. Closure of the existing
median opening and construction of the new median opening shall coincide
with the development of these parcels.
13. Final improvement and landscape plans shall be reviewed by Public Works.
The applicant shall pay for all costs associated with the review of
improvement plans and related documents by the Public Works
department.
14. Applicant shall retain a design engineering firm to design stormwater
treatment measure(s) that meet the Provision C3 hydraulic sizing criteria.
Independent engineering certification by an outside consultant not related
to the design engineering firm will be required to verify that the hydraulic
sizing criteria meets or exceeds the C3 requirements, all costs to be paid by
the applicant.
15. The applicant shall execute a stormwater treatment measure Operations &
Maintenance (0 & M) agreement, O &M plan and provide financial security
for performance as required by the Public Works Director.
16. The applicant or contractor shall be responsible for obtaining all required
permits which include abut are not limited to encroachment, excavation,
concrete, electrical, and plumbing prior to beginning construction.
17. The Contractor shall have a superintendent or representative on site at all
times during construction.
18. The Contractor shall notify the Public Works
Survey/ Construction /Inspection Supervisor 48 hours prior to beginning of
any work within the City right -of -way. Work performed or covered without
adequate notice will be subject to rejection.
19. Construction activities shall be limited to the hours of 7:00 a.m. and 7:00
p.m. Monday through Friday. Noise - generating construction activities shall
be limited between the hours of 8:00 a.m. and 5:00 p.m. All construction
vehicles shall adhere to City of Alameda truck routes. Storage of
construction material and equipment on city streets will not be permitted.
20. Construction equipment shall be properly muffled. Unnecessary idling of
grading construction equipment is prohibited.
21. Stationary noise- generating construction equipment such as compressors
shall be located as far as practical from occupied residential housing units.
22. Contractor shall be responsible for responding to any local complaints
about construction noise.
23. Construction equipment, too
street, gutter or storm drain.
s, etc. sha
not be cleaned o
insed into a
24. A contained and covered area on -site shall be used for storage of cement
bags, paints, flammables, oils, fertilizers, pesticides, or any other materials
that have potential for being discharged to the storm drain system by wind
or in the event of a material spill.
25. All construction debris shall be gathered on a regular basis and placed in a
dumpster which is emptied or removed weekly. When feasible, tarps shall
be used on the ground to collect fallen debris or splatters that could
contribute to stormwater pollution.
26. Any temporary on -site construction piles shall be securely covered with a
tarp or other device to contain debris.
27. Concrete trucks and concrete finishing operations shall not discharge wash
water into the street gutters or drains.
28. Trash and debris shall be cleaned up daily on all public streets in the
project vicinity and along haul routes. Sweep as needed and as directed by
the Public Works inspector.
29. Best management practices for control of storm water runoff shall be used
during construction (e.g. straw waddles at catch basin inlets).
Other Conditions
30. The City of Alameda requires as a condition of this approval that the
applicant, or its successors in interest, defend, indemnify, and hold
harmless the City of Alameda or its agents, officers, and employees from
any claim, action, or proceeding against the City or its agents, officers, and
employees to attack, set aside, void, or annul, an approval of the City
concerning the subject property. The City of Alameda shall notify the
applicant of any claim, action or proceeding and the City shall cooperate in
the defense. If the City fails to notify the applicant of any claim, action, or
proceeding, or the City fails to cooperate in the defense, the applicant shall
not thereafter be responsible to defend, indemnify, or hold harmless the
City.
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 the Special Joint Meeting of the
•
City Council on the 4th day of Apnl 2006, by the following vote to wit:
AYES:
Councilmembers deHaan, Gilmore, Matarrese
and Mayor Johnson - 4.
NOES: None.
ABSENT: Councilmember Daysog - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 5th day of April, 2006.
Lara Weisiger, City erk
City of Alameda