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Resolution 14064CITY OF ALAMEDA RESOLUTION NO.14064 UPHOLDING PLANNING BOARD APPROVAL OF PLANNED DEVELOPMENT, PD05 -02 AND DESIGN REVIEW, DR05 -0126 FOR GRAND MARINA VILLAGE WHEREAS, an application was made on November 22, 2005 by Warmington Homes for a Planned Development to construct 40 single family homes, off - street parking, landscaping and associated improvements on an approximately 3.5 acre site; and WHEREAS, the subject property is proposed to be designated Specified Mixed Use (MU -6: Northern Waterfront) on the General Plan Diagram; and WHEREAS, the subject property is proposed to be located in a MX (Mixed Use - Planned Development) Zoning District; and WHEREAS, a Negative Declaration (SCH #2006042145) has been prepared by the City of Alameda ( "City ") pursuant to CEQA Guidelines; and WHEREAS, the Planning Board has considered the Negative Declaration; and WHEREAS, the Negative Declaration was prepared in compliance with CEQA and reflects the independent judgment of the City; and WHEREAS, the Planning Board has held a public hearing on this application on October 9, 2006, and has examined pertinent maps, drawings, and documents; and WHEREAS, the Planning Board has made the following findings relative to Planned Development, PD05 -02: 1. The proposed Planned Development is consistent with the General Plan, which specifies residential uses for this site. 2. The Planned Development is a more effective use of the site than is possible under the regulations for the district with which the Planned Development District will be combined because a Planned Development allows for a comprehensive development of the site. 3. The Planned Development, if it complies with all the mitigations of the Mitigation and Monitoring Reporting Program (MMRP), will not have a significant adverse effect on adjacent land uses. 4. The layout of the proposed Planned Development project complies with the provisions of the Subdivision Map Act and the Alameda Subdivision Regulations. The division of the site will be subject to a separate subdivision application to ensure full compliance. 5. The proposal complies with maximum density of one dwelling unit for every 2,000 square feet of parcel area. WHEREAS, the Board has made the following findings relative to Design Review, DR05 -0126: 1. The project will have no significant adverse effects on the persons or property in the vicinity because the proposal is consistent with the underlying zoning and General Plan designation. 2. As conditioned, the project will be compatible and harmonious with the design and use of surrounding area because the design is similar to the small lot, single family detached residences in the adjacent subdivisions. 3. As conditioned, the project is consistent with the City of Alameda's Design Review Guidelines because the proposed traditional design theme is consistent with the area; the proposed two and three -story buildings have a similar scale as other dwellings in the area; and the proposed building components, such as windows and doors, are well proportioned and compatible with each other. NOW, THEREFORE, BE IT RESOLVED that the Planning Board: Conditionally approved Planned Development, PD05 -02 and Design Review, DR05 -0126. BE IT FURTHER RESOLVED that the City Council upholds the Planning Board approval, subject to the following conditions: APPROVED PLANS 1. The plans submitted for the Building Permit and Final Design Review shall be in substantial compliance with the Grand Marina Village Master Plan prepared by Warmington Homes and the Dahlin Group dated September 15, 2006, which is on file in the office of the City of Alameda Planning Department, subject to the conditions specified in this resolution approving the project. 2. The applicant shall be responsible for maintaining and periodically filing a Mitigation Monitoring and Reporting Program to demonstrate compliance with all project mitigations. DEVELOPMENT PLAN IMPLEMENTATION 3. Where there are substantially similar requirements, or inconsistencies contained in the conditions of this approval and the Tentative Map approval for Tract 7723, and the Mitigation and Monitoring Reporting Program, the conditions shall be considered together and the more extensive and /or more detailed provisions shall govern, unless specifically approved by the Planning and Building Director. 4. Each phase of development shall provide the necessary street, utility, and other infrastructure to support that phase, the previous phases, and existing maritime operations on the site. REGULATIONS FOR PLANNED DEVELOPMENT, PD05 -0002 5. All regulations of the Alameda Municipal Code shall apply to PD05 -0002 except where express provisions have otherwise been made in this Planned Development approval. 6. Minimum building setbacks, height, number of stories, coverage and site plan dimension shall be as shown in Grand Marina Village Master Plan. 7. Model homes and temporary tract sales offices, construction offices or other incidental operations occurring during construction and /or sales are not approved as part of this Planned Development approval and require a separate Use Permit. The specific number of facilities, location, design, screening, dust control, noise, utilities and parking shall be subject to an administrative Design Review approval by the Planning and Building Director. 8. No accessory structures or building additions shall be permitted without a Planned Development Amendment. The Covenants, Conditions and Restrictions established for this project shall incorporate this restriction. 9. Prior to the issuance of a building permit, the applicant shall submit a Final Design Review application for review and approval by the Planning and Building Director that includes the following: a. Final building elevations with color and material boards. b. Final location, design, height and material of backyard /patio fences. c. Final window details including material and manufacturer's cutsheets. 10. Prior to issuance of a Building Permit, the applicant shall submit a Final Landscaping . Plan in substantial compliance with the Grand Marina Master Plan, except as modified by the conditions of this resolution. Final Landscaping Plans shall contain the following: a. Complete plant list with the common and scientific name, quantities and spacing of all plant species. b. Tree sizes shall be a minimum of 15 gallon size. c. 50% of shrubs shall be 5 gallon size. d. An irrigation plan with automatic controller for all front yards, and common area landscaping. e. A statistical analysis of the percentage turf used, if any, within the common areas, and all front yards. f. Mulching and staking details. g. Private fence design. h. Mail box and other street furniture design. i. All street intersection landscaping, walls and fencing shall meet City sight distance requirements to the satisfaction of the City Engineer. j. Landscape and Lighting Maintenance Agreement between the applicant and the City. The Agreement shall include provisions for maintaining landscaping in good condition over the life of the project and shall include provisions for lighting and other public safety measures. The public safety measures shall be reviewed and approved in consultation with Police Department and shall include, but not limited to, the following: building address numbers, exterior lighting, exterior door light sources, monument sign light sources, plants and shrubs height to maintain sight lines, trees canopy minimum height to maintain sight lines, and parking lot signage. 11. Lighting of the common area shall be shown on the Final Landscape Plan and shall be as low in intensity as possible consistent with safety requirements. Fixtures shall be submitted for review and approval by the Planning and Building Director and Police Chief as part of the final landscaping plan approval. The location, height, type and lighting level of all light standards shall be shown on improvement plans and approved by the City Engineer. 12. Each of the two triangular mini -parks within the Grand Marina Village residential development shall be substantially completed to the satisfaction of the Planning & Building Director prior to occupancy of the residential development. 13. Each of the two mini -parks within the residential development shall be maintained by the Homeowners Association, but shall be dedicated as public access to the City of Alameda. 14.Any landscaping within the street right -of -way shall be in substantial conformance to that shown in the Master Plan, as modified, to the satisfaction of the City Engineer based on the substantial conformity standard. 15. The curb planter strip along Grand Street shall not include trees, as the strip lies above an existing 48" storm drain line. 16. Landscaping materials shall be designed and selected so as to not obstruct signs or building numbers or building entrances on the site and required sight clearances for vehicles at intersections and crosswalks. Tree planting shall be designed and selected to highlight pedestrian pathways and entrance driveways through the business park parking lots. 17.The applicant shall use recycled water in accordance with EBMUD requirements for recycled water, subject to availability. The applicant shall meet and confer with EBMUD regarding the availability and use of recycled water at the Development Plan stage of review. PARKING, DRIVEWAYS AND GARAGES 18. Parking shall not be permitted on any driveway within the Grand Marina Village_residential development. The Covenants, Conditions and Restrictions (CC &Rs) shall reflect this limitation unless specifically approved as part of a Development Plan. 19.The twelve (12) guest parking places within the Grand Marina Village residential development shall be available for and identified as short- term visitor parking. The Covenants, Conditions and Restrictions established for this Project shall prohibit the use of the guest parking spaces by project residents. NOISE 20.AII equipment used on the Project shall be adequately muffled and maintained to the extent feasible and to the satisfaction of the Public Works Director and all equipment shall be turned off when not in use, consistent with the City's Noise Ordinance. AMENDMENTS 21.Additions and /or alterations to residences within the project 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 with one or more of the requirements. Minor project design details, engineering standards and specifications may be established, modified and approved by the Director of Public Works, Director of Planning and Building or their designee. CONSTRUCTION 22. Prior to construction, the applicant shall submit a construction plan for the Development Plan which will outline the sequence of actions including: staging of construction activities, schedule, final grading, construction within BCDC jurisdiction, and all other construction activities. 23. Prior to commencement of any construction activity, the applicant shall coordinate a meeting with City Staff and the Contractors team to discuss the Conditions of Approval and mitigation measures on the Project. The intent is that the Contractor fully understands the actions necessary to implement the mitigation measures and to comply with the conditions of approval of the City of Alameda. 24. Construction shall be limited in compliance with AMC Article I I Noise Regulations, Section 4 -10. The limitations restrict construction activities outside the hours between 7 a.m. and 7 p.m. on weekdays, and 8 a.m. and 5 p.m. on Saturdays. 25. Prior to issuance of any site development or demolition permit, the applicant shall develop a construction management plan to the satisfaction of the Planning and Building Director. The construction management plan shall include a handout for neighboring property owners and shall accomplish, at a minimum, the following: a. Provide the name and contact number of the construction manager; b. Describe the hours of operation; c. Identify the projected construction schedule. PROJECT AREA REQUIREMENTS 26. Prior to issuance of building permits, the applicant and the Community Improvement Commission shall enter into an agreement providing for: a. Affordable Housing within the project consistent with CIC Resolution No. 04 -127 establishing an inclusionary housing policy for the Business and Waterfront and West End Community Improvement Projects. b. Amendment to the Business and Waterfront and West End Community Improvement Plan to allow mixed use development. c. Payment of a fair share contribution to traffic signals required for Northern Waterfront build out, as required by the MMRP. d. Establishment of a Northern Waterfront Transportation Demand Management program funding strategy for the provision of water -based or land -based shuttle services to Oakland from the Northern Waterfront area. The TDM funding plan shall be designed to cover all properties within the Northern Waterfront area, including the Grand Marina site, the Del Monte site, the Encinal Terminal site, the Pennzoil site, and the City's corporation yard and animal shelter sites. The TDM program and funding plan shall be coordinated with the proposed Catellus Project, Alameda Landing, TDM program to facilitate creation of a larger West End TDM program. PUBLIC UTILITIES AND FACILITIES 27. The siting, size, location and design of above ground facilities such as utility cabinets, and mail collection boxes shall be shown on improvement plans and approved by the City Engineer and Planning and Building Director. 28.The applicant shall incorporate water conservation measures for both internal and external use in the design and construction of the Project. This shall include the use of equipment, devices and methodology that further water conservation and provide for the efficient use of water to the reasonable satisfaction of the Public Works Director. 29. If the stormwater treatment measure includes bioswales, the tree and ground cover selection shall be adaptable to in urban runoff swale areas. 30. Tree clearances from utilities shall be as follow: a) Fire hydrant — 6 feet; b) top of driveway wing — 5'; c) stop signs — 15'; d) street/pathway lights and utility poles — 25'; e) storm drain, sanitary mains, gas, water, telephone, electrical lines — 5'; f) front of electrical pad- mounted equipment — 10'. Verify minimum clearance distances of street trees /shrubs from electrical transformers with City of Alameda Power and Telecom (AP &T ). 31. Final landscape plans shall ensure that all landscaping and bioswales are designed to minimize irrigation and runoff, promote surface infiltration where appropriate, and minimize the use of fertilizers and pesticides that can contribute to storm water pollution. As appropriate, integrated pest management (IPM) principles and techniques shall be incorporated into the landscaping design. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain and infiltrate runoff. 32. Prior to or concurrent with the submittal of a building permit application, the applicant shall submit to the satisfaction and approval of the Public Works Director the following items: a. Plans that indicate the applicant shall construct stormwater treatment measure(s) that meet the hydraulic sizing design criteria indicated in Provision C.3.d of the City of Alameda's municipal NPDES stormwater permit. Storm water runoff onto adjacent properties will not be allowed. b. An Impervious Surface Form, indicating the proposed total change in impervious surface area for the project site. c. A sanitary sewage flow analysis to determine sanitary sewage quantities of the proposed development. d. A storm drainage analysis to insure adequate drainage capacity for the proposed project. Design Review and Final Development Plan plans need to accommodate for the proper sizing design of the necessary stormwater treatment measure(s). e. Plans that indicate roof leaders shall be connected to the private area drain system and shall discharge into landscaped areas away from the foundation. Additional design techniques may include, but not be limited to, the use of pervious pavement in parking areas. f. Site traffic signing. 33. The proposed project plans shall incorporate, to the maximum extent practicable, permanent stormwater design techniques to manage the quantity and quality of stormwater runoff from the planned project site to prevent and minimize impacts to water quality. 34. Stormwater treatment measures that function primarily as infiltration devices shall, where practical, protect groundwater from pollutants that may be present in urban runoff. The vertical distance from the base of any infiltration device to the seasonal high groundwater mark shall be at least ten feet (10') unless a collection system or another diversion method collects a reasonable amount of the infiltration. 35. Trash enclosures and /or recycling areas shall be roofed and /or enclosed. These areas shall be designed to prevent water run -on to the area and runoff from the area. The floor drains for the trash enclosures and the recycling area should connect to the sanitary sewer system. 36. Given that the total disturbed area for the project will be greater than one acre, the applicant must submit a Notice of Intent (NOI) form to the California State Water Resources Control Board (SWRCB), indicating the intent to comply with all requirements of the SWRCB Construction Activity Storm Water NPDES General Permit (Permit). 37. In compliance with the NOI submittal to the SWRCB, the applicant shall prepare and implement a thorough Storm Water Pollution Prevention Plan (SWPPP) document to ensure appropriate protection of storm water quality during the project's construction activities. 38. The applicant shall submit to the. City's Public Works Department (PWD) a copy of the completed project NOI and SWPPP documents, as required for preparation by the SWRCB, with sufficient time for both document review by the PWD and any necessary corrections /modifications to the SWPPP by the applicant prior to commencement of any soil- disturbing activity. 39. Prior to the granting of a certificate of occupancy, an Operation and Maintenance (O &M) agreement and O &M plan for all post- construction, permanent stormwater treatment controls shall be prepared and submitted to the City for approval. The O &M plan shall include: treatment type, location(s) of treatment measures, maintenance requirements, maintenance schedule, assurances of party responsible for O &M, and assurances of access to inspect and verify treatment system O &M for the life of the project. 40. The applicant is responsible for ensuring that all contractors and sub- contractors shall, during all construction activities, comply with the SWPPP elements, the City of Alameda's Urban Runoff Standard Conditions of Approval and the Best Management Practices (BMPs) for construction activities indicated in the Alameda Countywide Clean Water Program brochures during all construction activities. 41. Storm drain inlets shall have filter inserts and shall be clearly marked with the words "No Dumping! Drains to Bay," or equivalent, using methods approved by the City of Alameda's PWD. 42. Plan sheets prepared for the construction phase shall indicate the specifications for the installation and upkeep of the erosion control mechanisms as described in the project SWPPP. Specifications shall be provided for the perimeter protection(s), any silt fencing and fiber rolls used, the storm drain inlet protections, the stabilized construction entrance(s) and exits and vehicle tire wash area(s), the vehicle and equipment servicing area(s) and the materials handling and storage area(s). These specifications shall meet the same level of erosion and sediment control effectiveness identified for erosion and sediment control practices established in the San Francisco Bay Regional Water Quality Control Board's Erosion and Sediment Control Field Manual and the California Stormwater Quality Association's Stormwater Best Management Practice Handbook — Construction. 43. For projects creating or replacing greater than or equal to 10,000 square feet of impervious surface, applicant must submit a stamped, signed certification from a Civil Engineer registered in the State of California and working for a firm included on the Bay Area Stormwater Management Agencies Association (BASMAA) list of Qualified Post- Construction Consultants for stormwater treatment facility design that indicates that the treatment measure design plan meets the established sizing design criteria for stormwater treatment measures. SOLID WASTE AND RECYCLING 44. Prior to occupancy of the first home within the residential area, the applicant shall submit a plan to the City Solid Waste Coordinator for review and approval outlining how the applicant with comply with the City's Solid Waste and Recycling Ordinance for the storage and disposal of Solid Waste. The applicant shall use the recycling services of a licensed recycling program, providing adequate space and support to ensure the program's success. The applicant shall use best management practices to reduce the generation of solid waste and to divert as much material as possible from being deposited in a landfill, in accordance with the City Public Works Department Standard Conditions of Approval for Waste Management 45. The applicant shall submit plans to comply with the requirements of the City of Alameda Public Works Department, Urban Runoff Manager and the Alameda Countywide Clean Water Program at the Development Plan stage of review, including Provision C.3 of the Alameda Countywide Clean Water Program. These plans shall address Best Management Practices (BMP's) and methods to clean debris, which may contaminate storm drains and shall be approved by the Planning and Building Director and Public Works Director at the Development Plan stage of review. 46.A Master Sign Program for the residential development shall be considered prior to or in conjunction with the Development Plan for the first building phase of the residential portion of the Project. The Master Sign Program shall provide for an adequate number, size, type and location of signs to ensure that the site can be easily located by potential buyers. No sign shall be installed without prior issuance of a sign permit. FIRE SAFETY REQUIREMENTS 47. The applicant and all contractors shall adhere to the standard conditions required by Alameda Fire Department, as part of individual Development Plans. 48. The applicant shall provide a "grass paver" emergency vehicle access (EVA) easement running north from Fortmann Way through the 0.19 acre triangular park so as to facilitate Fire Department access to the alley between Tots 33 -36 and 37 -40. The EVA shall include a 28' inside turning radius. 49. The applicant shall post "No Parking" signs in all alleys within the residential subdivision. • 50. The applicant shall provide sprinklers in all living spaces, attics, and garages of the residential units. ALAMEDA POWER & TELECOM (AP &T) 51. The applicant shall provide utility information as required by AP &T staff together with building permit plans for review and approval by AP &T. HOLD HARMLESS 52. The applicant, or its successors in interest, shall 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 this project, which action is brought within the time period provide for in the Government Code. 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 subdivider shall not hereafter be responsible to defend, indemnify, or hold harmless the City. ACKNOWLEDGMENT OF CONDITIONS 53. Prior to the issuance of any building permit for the site, 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 provisions of Chapter 30 of the Alameda Municipal Code in order for the Planned Development to be exercised. VESTING 54. The Planned Development shall terminate one (1) year from October 23, 2006, and shall expire on October 23, 2007, unless actual grading, construction or alteration under valid permits has begun, or the applicant applies for and is granted a one -time one (1) year extension prior to the expiration of the Use Permit. 55. The Design Review approval shall terminate one (1) year from October 23, 2006, and shall expire on October 23, 2007, unless actual grading, construction under valid permit has commenced, or the applicant applies for and is granted a one time twelve (12) months extension prior to the expiration of the Design Review. MASTER PLAN, TENTATIVE MAP AND MMRP COMPLIANCE 56. The Planned Development shall be in substantial compliance with the provisions of the Grand Marina Master Plan (September 15, 2006), and other entitlements, as amended, City infrastructure design standards, as revised by the City Engineer, as well as the mitigations contained in the Mitigation and Monitoring Reporting Program prepared for the Grand Marina Village Project. PLANNING BOARD CONDITIONS AS MODIFIED BY THE CITY COUNCIL 1) The applicant will study the feasibility or exposing the underlying wood planks and provide a consistent cosmetically appealing walking and bicycling surface. If upon further study by the applicant, it is determined by the Planning and Building Director that exposing the existing wood planks is financially infeasible, unsafe, or contrary to water quality standards, the Planning Director may approve an asphalt resurfacing plan. 2) The existing asphalt pedestrian path from Grand Street to the Alaska Packers building will be widened and resurfaced to provide an well maintained, adequately sized, and safe bicycle and pedestrian path along the waterfront. Per condition #49, the project shall be responsible for the maintenance of the sidewalk. 3) The applicant shall provide signage to direct traffic down Fortmann to the marina parking lot to discourage use of Hibbard by marina -bound traffic. 4) The Grand Street sidewalk shall be widened to facilitate pedestrian access to the waterfront. 5) The waterfront open space landscaping plan between Hibbard and Alaska Packers should be revised to include larger areas of turf for informal seating. 6) The final architectural submittal to the Planning • and Building Director shall include revisions to the third story elements. The revisions will reflect the design of the third stories in the Marano Project in Cupertino. In addition the final architectural submittals will be reviewed to ensure that the project includes high quality windows, and the Grand Street elevations will also be reviewed to ensure that the Grand Street project frontage is well articulated architecturally and attractively landscaped. The Planning and Building Director shall consult with Mr. Chris Buckley on the final design approvals. 7) To reduce automobile trips to and from the site, the applicant shall provide voice, video, data, and telemetry services to each home in the Project. The developer agrees to negotiate in good faith with APT for the purpose of entering into preferred provider marketing agreements with APT for voice, video, data, and telemetry services to the residences. The developer shall make certain portions of the Project available to APT to construct its telecommunications facilities for the purpose of providing APT Services to consumers within the portions of the Project within Developer's ownership and /or control, with the understanding that APT will obtain and maintain the requisite legal and regulatory authority under any and all governmental authority and applicable laws to provide the APT Services to the Project including without limitation, the required permits, franchises, certificates, licenses, and approvals for the design, construction, installation, operation and maintenance of and access to the Project and network facilities. Neither Developer nor APT will prohibit, restrict, discriminate against or seek to prevent any other service provider access to the Project for such service provider to provide competing services, including, without limitation, precluding the other service providers from access to the conduit, poles, ducts, and other rights -of -way used to provide the APT Services. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 16th day of January 2007, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam 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 17th day of January, 2007. Lara Weisiger, City CI k City of Alameda