Resolution 14834
CITY OF ALAMEDA CITY COUNCIL RESOLUTION NO.14834
APPROVING PLN13-0060, A 108 LOT SUBDIVISION, AND PLN13-
0061, A 9 LOT SUBDIVISION, BOTH LOCATED AT 2700 FIFTH
STREET
WHEREAS, an application was made on February 28, 2013, by BKF
Engineering on behalf of TriPointe Homes and Catellus requesting approval to
develop two subdivisions: a 108-lot subdivision on a 19.1-acre property; and a 9-lot
subdivision on a 4.2-acre property; both located at 2700 Fifth Street; and
WHEREAS, the project site is designated as Mixed Use (MX) on the General
Plan Diagram; and
WHEREAS, the project site is located within the MX (Mixed Use) Zoning
District; and
WHEREAS, on December 5, 2006, the City Council certified the Final
Environmental Impact Report for the Alameda Landing Mixed Use Development
Project (a Supplement to the 2000 Catellus Mixed Use Development Project EIR) in
accordance with the California Environmental Quality Act (CEQA) (State
Clearinghouse #2006012091). The City approved three Addenda to the 2006 SEIR in
2007, 2008 and 2012 that found that these Tentative Maps will not result in any new
or substantially more severe environmental impacts than identified in the SEIR ; and
WHEREAS, the Planning Board held a public hearing on this application on
May 13, 2013; and
WHEREAS, the Planning Board approved unanimously this application on
May 13, 2013; and
WHEREAS, the City Council held a public hearing on June 18, 2013 and
made the following findings concerning the project:
1. The proposed subdivision is in conformance with the General Plan and
Zoning for this site. The subdivisions are consistent with the Mixed Use
General Plan and MX Zoning designations for the property. The maps are
designed to ensure that residential lots face onto streets and parks, that the
lots are adequately accessed by a grid of complete streets, pedestrian
sidewalks and paseos, and bicycle paths and bicycle lanes. The proposed
parcels are also designed to accommodate a variety of housing types for a
variety of household incomes and types.
2. The site is physically suitable for the proposed residential development
in the General Plan. The proposed subdivisions are designed to conform to
the Alameda Landing Master Plan standards and requirements adopted to
ensure that the project would be compatible with the adjacent College of
Alameda, Bayport residential neighborhood, future development of the former
Alameda Naval Air Station and Coast Guard Housing site, and existing and
future waterfront uses.
3. The site is physically suitable for the density of the development. The
proposed subdivisions are consistent with density standards of the General
Plan and Zoning Ordinance. The project would provide 117 buildable lots
ranging in size from approximately 2,580 to 19,430 square feet. This would
result in an average density of about 12.5 units per acre which is less than the
maximum 21 units per acre permitted by the General Plan. This is consistent
with development standards for the MX zoning district and the Mixed Use
designation of the General Plan.
4. The proposed design of the subdivisions and improvements, as
conditioned, will not cause environmental damage or substantially and
avoidably injure fish or wildlife or their habitat. The residential
redevelopment of the site will not introduce hazards that are inconsistent with
standard residential development within the MX zoning district and the Mixed
Use General Plan designation. Mitigation measures and conditions of approval
ensure that no unintended environmental damage or exposure of future
residents to environmental dangers could occur.
5. The design of the subdivisions will not conflict with easements acquired
by the public at large for access through or use of property within the
subdivisions. All required easements are to be retained and addi tional,
necessary easements are to be provided.
6. The design of the subdivisions and their improvements will not cause
serious public health problems. The project will include improvements to the
Mosley Avenue and Singleton Avenue Extensions and will include conditions
that assure that the property is free of hazardous materials and would not
adversely affect public health. Easements for surface drainage runoff and
utilities are required as conditions of the Tentative Maps.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that the
proposed project implements the Master Plan evaluated in the Environmental Impact
Report for the Alameda Landing Mixed Use Development Project (a Supplement to
the 2000 Final Environmental Impact Report for the Catellus Mixed-Use Development
Project) in accordance with the California Environmental Quality Act (CEQA) (State
Clearinghouse #2006012091), the City approved three Addenda to the 2006 SEIR in
2007, 2008 and 2012, that found that this project will not result in any new or
substantially more severe environmental impacts than identified in the SEIR.
BE IT FURTHER RESOLVED that the City Council of the City of Alameda
hereby approves two Tentative Maps: Tentative Map PLN-13-0060 which would
permit 197 dwelling units plus two commercial spaces and would provide 108
buildable lots and Tentative Map PLN-13-0061 which would permit 56 dwelling units
and would provide nine buildable lots subject to compliance with the following
conditions:
General Conditions
1. All Mitigation Measures are hereby incorporated as Conditions of Approval. The
applicant shall be responsible for maintaining and periodically (to be determined
at a later date) filing a Mitigation Monitoring and Reporting Program to
demonstrate compliance with all project mitigations.
2. The Tentative Map shall be amended to:
a. Revise the Singleton Street cross section to provide for a 10 foot travel
lane, six (6) foot bike lane, seven (7) foot parking lane, eight (8) foot
sidewalk with tree wells, and a minimum of 10 foot setback for homes
facing onto Singleton.
b. Revise the Block D alleys to provide a 20 foot vehicle drive isle. The
additional two (2) feet of space created by reducing the drive isle to 20 feet
should be used to increase the landscape area between the homes and
the alley.
3. Prior to issuance of the first certificate of occupancy, the CC&Rs for the HOA shall
be submitted to the Community Development Director for review and approval to
ensure that the CC&Rs do not have prohibitions on single family ho me colors.
4. Prior to issuance of the first occupancy permit the applicant is required to comply
with the Public Art requirement as specified in the Alameda Landing Residential
Development Agreement.
5. Prior to the Final Map approval, the project applicant shall execute Affordable
Housing Agreements with the City in conformance with the developer
requirements of Section 30-16 Inclusionary Housing Requirements for Residential
Projects and the Alameda Landing Disposition and Development Agreement.
6. The applicant/developer shall comply with all applicable policies and requirements
of the current approved transportation plans, including the Bicycle Master Plan,
the Pedestrian Master Plan, the Long Range Transit Plan, the Transportation
Demand Management and Transportation System Management Plan, and the
Multimodal Circulation Plan.
Civil and Infrastructure: Project Specific Conditions
7. The applicant/developer shall establish a Homeowners Association (HOA) to
provide funding for maintenance of all private improvements including private
streets and alleys, TSM/TDM, landscaping in common areas, all bio-treatment
areas, and retaining walls.
8. Street C (lots AI, AH, AG) will be a private street and shall be privately maintained
by the HOA.
9. Prior to approval of any map or improvement plans or issuance of any building or
grading permit for Tract #8132, a lot line adjustment shall be recorded to facilitate
single ownership of property underlying Alameda Landing Residential Block D
Tentative Map Tract #8132.
10. The applicant/developer shall clearly delineate the private streets on the final map
and the improvement plans.
11. The applicant/developer shall design the private utility systems to be separate
from the public utility systems so that there is a clear point of connec tion between
the two systems. The utility system design shall be reviewed and approved by the
Public Works Director prior to approval of the improvements plans, parcel/final
map(s), or grading permit, whichever comes first.
12. The applicant/developer shall provide utility easements across all areas where
public utilities (including joint trench or other AMP facilities) cross private property.
Public utilities must be accessible to City maintenance vehicles. At minimum, a
10’ wide maintenance path shall be provided to access structures.
13. The applicant/developer shall grant the City of Alameda an Emergency Vehicle
Access (EVA) easement wherever the Fire Rescue Vehicle access route crosses
over private property. All streets and sidewalks within the access rout e shall be
designed to support Fire Rescue Vehicle loads and accommodate truck turning
radii.
14. The applicant/developer shall grant to the City an ingress/egress easement for the
purpose of waste collection wherever the collection vehicle access route cros ses
over private property. Collection vehicle access shall not be restricted by bollards
or gates. All streets and sidewalks within the access route shall be designed to
support collection vehicle loads and accommodate truck turning radii, truck
grabber arm clearance, and curbside cart placement.
15. Per the letter from TRI Pointe homes, dated February 28, 2013, regarding
“ALAMEDA LANDING MIXED-USE DEVELOPMENT Geotechnical Mitigation of
Residential Development on Future Public Infrastructure,” the applicant/developer
shall submit a geotechnical report acceptable to the Public Works Director
detailing the mitigation of settlement within the public right -of-way or experienced
by public utilities on private property due to the effects of surcharging or the
proposed building loads prior to the approval of any improvement plans or
issuance of building permits.
16. All conditions of approval for PLN12-0265 are hereby incorporated by reference
and shall be applied to the approval of this project.
17. Any proposed improvements within the floodplain area shall be prepared, signed,
and stamped as approved by a registered civil engineer licensed in the State of
California and meet the requirements of the AMC. The applicant/developer shall
include the recommended improvements in the project’s improvements plans. All
building pads shall be certified by a licensed surveyor in the State of California as
meeting FEMA requirements to be at or above the base flood elevation. The
applicant/developer shall promptly apply for and use b est efforts to obtain from
FEMA a Letter of Map Revision (LOMR).
18. The applicant/developer shall protect in place all existing City utilities that are to
remain. Existing on-site sewer and storm drain pipes shall be closed circuit
television (CCTV) inspected prior to the commencement of work and after the
completion of work. Pipe cleaning shall be performed prior to CCTV inspection
and all debris shall be removed from the pipeline. If the pipeline is damaged, it
shall be replaced at the permittee’s expense to the satisfaction of the City
Engineer or her designated agent.
19. At the time of any final/parcel map approval for Tract #8131 or #8132, all
easements required (by previous approvals or with the current tentative map)
along the frontage of Fifth Street or Mitchell that are adjacent to the map
boundary shall be created with the map unless they have been previously
created.
20. Prior to approval of building permits, the applicant/developer shall provide an
exhibit acceptable to the Public Works Director showing all proposed and existing
property lines, right-of-ways, and easements within and adjacent to the
development. The exhibit shall be updated and resubmitted to the Public Works
Director when new property lines, right-of-ways, or easements are created.
21. Prior to issuance of the first certificate of occupancy, the CC&Rs for the HOA shall
be submitted to the Public Works Director for review and approval. The CC&Rs
shall include a requirement to store collection carts within each resident’s garage
and remove collection carts from the alley ways by 6 pm on collection days. The
CC&Rs will also require the review and approval of the Public Works Director prior
to the construction of external enclosures for solid waste, recycling, and/or
organics.
Civil and Infrastructure: Standard Conditions
22. The applicant/developer shall submit construction improvement plans for all on -
and off-site improvements, including detailed designs for all wet and dry utilities,
landscaping and irrigation, water, grading, drainage, erosion control, paving, and
solid waste storage and recycling areas. The plans shall be prepared, signed,
and stamped as approved by a registered civil engineer licensed in the State of
California, unless the Public Works Director authorizes them to be prepa red by
some other qualified professional, and be in accordance with the AMC, the City of
Alameda Standard Plans and Specifications, Standard Subdivision Specifications
and Design Criteria, and the Master Street Tree Plan. The plans shall be reviewed
and approved by the Public Works Director prior to approval of the improvement
plans or parcel/final map, whichever comes first. The engineer shall also assume
responsibility for inspection of the on-site construction work, including but not
limited to parking lots, pathways, storm facilities, sewer facilities, etc., and shall
certify to the City, prior to acceptance of the work or issuance of any occupancy
permit, including a temporary occupancy permit, whichever comes first, that the
installation of the on-site work (excluding the building and foundation) was
constructed in accordance with the approved plans.
23. The Final Map shall show all existing and proposed easement locations, uses and
recording information. The Owner’s Statement shall list all easements to be
dedicated and the Certificate of City Clerk shall list all public easements to be
abandoned with recording information as part of the Final Map. In addition, the
following is required as part of the Final Map approval.
a) The subdivider shall post a refundable cashier’s check in the amount of
$400 to guarantee a mylar copy of the recorded Parcel Map.
b) The subdivider shall pay for all reasonable office and engineering costs
expended by the City Engineer’s office, including overhead, in
conjunction with reviewing the Parcel Map, improvement plans,
easements, and in obtaining the map signature of the City’s consulting
surveyor.
c) The subdivider shall provide five copies of the permit- approved site/off-
site civil improvement plans, landscape plans, and specifications along
with a velum or other reproducible set (plans only), and a CD or DVD
digital copy acceptable to the City Engineer.
24. To guarantee completion of the required on -site and off-site improvements, the
applicant/developer shall enter into an agreeme nt with the City and provide
security in a form and amount acceptable to the City prior to approval of the
improvements plans and parcel/final map.
25. Applicant/developer shall resurface the existing street pavement whenever a
street is cut, either by a longitudinal or transverse cut, for utility or other
improvement installations so the street is restored to pre -project conditions. The
resurfacing shall extend a sufficient distance beyond any cut to ensure a smooth
transition, as determined by the Public Works Director, and shall consist of a one
and a half (1½) inch asphalt concrete overlay. Applicant/developer shall also
provide digouts and reconstruction of any potholed and/or alligatored areas
adjacent to the project.
26. Prior to trenching within existing street areas, the applicant’s engineer shall
ascertain the location of all underground utility systems and shall design any
proposed subsurface utility extensions to avoid disrupting the services of such
system.
Stormwater and Water: Project Specific Conditions
27. The Alameda Landing Mixed-Use Residential Blocks A, B, and C and Residential
Block D project sites shall be subject to and comply with all requirements of the
California State Water Resources Control Board (SWRCB) Construction Activity
Storm Water NPDES General Permit, Permit No. CAS000002 (Permit). The
project applicant shall ensure that the City is not named nor considered the legally
responsible party. The applicant/developer shall submit, in digital format, a Notice
of Intent (NOI) form to the SWRCB’s SMARTS website, indicating the intent to
comply with all requirements of the Permit.
28. Prior to approval of improvement plans or the issuance of a grading or building
permit, whichever comes first, the Alameda Landing Mixed -Use Residential
Blocks A, B, and C and Residential Block D project applicant shall provide to the
Public Works Director, or designee, the project site WDID# and appropriate
verification documentation issued by the SWRCB that these project site(s) are
subject to and are complying with all requirements of the SWRCB Construction
Activity Storm Water NPDES General Permit.
29. Prior to approval of the improvement plans or issuance of a grading or building
permit, whichever comes first, the applicant/developer shall submit an Alameda
Landing Mixed-Use Residential Blocks A, B, C and C and Residential Block D
Storm Water Pollution Prevention Plan (SWPPP) for review and approval by the
Public Works Director or designee for conformance with the City’s erosion and
sediment control standards.
30. The applicant/developer shall be responsible for ensuring that all contractors and
sub-contractors implement, install and regularly maintain all Best Management
Practices (BMPs) control measure elements required in the project SWPPP
during any construction activities. These BMPs shall be consistent with and
perform as described 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 Practices
Handbook, to prevent any pollutants entering directly or indirectly into the storm
water system. The applicant/developer shall pay for any required cleanup,
testing, and City administrative costs resulting from the consequence of
construction materials entering the storm water system.
31. The Improvement Plan sets for the Alameda Landing Mixed -Use Residential
Blocks A, B, and C and Residential Block D shall include Erosion and Sediment
Control Plan Sheets that indicate the installation and lo cation details of
construction-phase BMPs SWPPP for the Alameda Landing site.
32. Prior to approval of the improvements plans, parcel/final map(s), or issuance of a
grading or building permit, whichever comes first, the Stormwater Treatment
Measures Maintenance Plan exhibits included in the Stormwater Management
Plan, Alameda Landing Residential Blocks A, B, and C and Residential Block D
(Tracts 8131/8132) shall be amended to include the following information, subject
to review and approval by the Public Works Director or his designee: a summary
inventory of the treatment measures; legible, recordable, reduced-scale (8.5”x11”)
pages of the Site C.3 Compliance Plan sheets indicating the treatment
measure(s) location(s) and site drainage patterns; name and contact information
of maintenance personnel; and, estimates of annual treatment measure(s)
maintenance costs.
33. Prior to approval of the improvements plans or issuance of a grading or building
permit, whichever comes first, the Improvement Plan submittals fo r Alameda
Landing Mixed-Use Residential Block A, B, and C and Residential Block D shall
provide stormwater treatment measures details, subject to engineering review, on
the Curb Cut design(s), dimensions and appropriate location(s) relative to
associated bioretention areas and storm drain inlet(s). These details shall also
provide dimensions and installation specifications for curb cut cobble installation
consistent with Chapters 5 and 6 of the latest version of the Alameda County
Clean Water Program’s C.3 Stormwater Technical Guidance Manual to assure
permanence of cobble installation and effectiveness in energy and water
dissipation.
34. The applicant/developer shall execute a Stormwater Treatment Measures
Maintenance Agreement (Agreement) with the City prio r to the final map(s) or
approval of the improvements plans or issuance of a grading or building permit,
whichever comes first. The Agreement shall include, but not be limited to: the
approved stormwater treatment measures maintenance plan for all post -
construction (permanent) stormwater treatment measures; identification of the
party responsible for stormwater treatment measures operations and
maintenance (O&M); an instrument of financial assurance, in an amount and form
acceptable to the City, from the party responsible for stormwater treatment
measures O&M; assurances of access to inspect and verify the treatment system
O&M for the life of the project; and assurances of the submittal of the annual
O&M report approved by the City. The Agreement shall also be recorded at
Project Owner’s expense, with the County Recorder’s Office of the County of
Alameda as part of recordation of the parcel/final map.
35. The applicant/developer shall submit a certification report(s) (Report) prepared by
a registered civil engineer (third party reviewer), licensed in the State of California,
affirming that all project site stormwater treatment measures have been
constructed per the City approved plans and specifications. As appropriate, the
Report shall include, but not be limited to, assurances that: imported materials
used for the treatment measure(s) are certified by the supplier; installation of
these materials is per approved plans and specifications and meets the intent of
the design engineer; required on-site testing results conform with approved plans
and specifications; treatment measures conform to dimensions, grades and
slopes on approved plans and specifications; all structural features of the
treatment measures comply with plan specifications; the irrigation system is
installed and functions as designed; healthy vegetation/ground cover is installed
as shown on plans. The Report shall be submitted in a form acceptable to the
Public Works Director or designee, prior to the issuance of any occupancy permit,
including a temporary occupancy permit.
36. All plumbed Fire sprinkler system test water discharge points shall be directed to
onsite vegetated areas. Test water discharge points shall not drain to paved
surfaces draining to the storm drainage system.
Stormwater and Water: Standard Conditions
37. The landscaping plans shall be designed to minimize runoff, promote surface
infiltration where appropriate, and minimize the use of fertilizers and pesticides
that can contribute to stormwater pollution. Consideration shall be given to pest-
resistant landscaping and design features and the use of integrated pest
management (IPM) principles and techniques. Where feasible, landscaping shall
be designed and operated to treat stormwater runoff.
Traffic and Transportation: Project Specific Conditions
38. The applicant/developer shall pay approximately $343.20 per dwelling unit plus
adjustment to current CPI annually to support Transportation Management
Agency (TMA) and Transportation Demand Management (TDM) program prior to
certificate of occupancy.
39. The applicant/developer and the subsequent HOA shall join the TMA, per the City
adopted TDM plan.
40. The applicant/developer shall pay a pro rata share of Mitigation Measure T/C-21(i)
in accordance with the certified SEIR of the project.
41. The applicant/developer shall pay a pro rata share of Mitigation Measure T/C-
11(c) in accordance with the certified SEIR of the project.
42. The applicant/developer shall pay a pro rata share of Mitigation Measure T/C
20(b) in accordance with the certified SEIR of the project.
43. The applicant/developer shall pay the appropriate CDF fees prior to issuance of
building permits.
44. Pedestrian and vehicular lighting at all intersections and project driveways shall
meet AMP standards for crosswalks, sidewalks, and intersections.
45. The applicant/developer shall install 13 bicycle parking spaces for Block A, 14
bicycle parking spaces for Block B, nine bicycle parking spaces for Block C, and
13 bicycle parking spaces for Block D.
Traffic and Transportation: Standard Conditions
46. The applicant/developer shall submit a traffic striping and signage plan for all on -
and off-site improvements, including all crosswalks, bus stops, turn lanes, merge
lanes, acceleration lanes, lane drops, etc., as part of the construction
improvement plan submittal. The plans shall be prepared by a registered civil
engineer or traffic engineer licensed in the State of California. The engineer shall
sign and stamp the plans as approved. The plans shall be reviewed and
approved by the Public Works Director prior to approval of the improvements
plans or parcel/final map, whichever comes first.
47. For any off-street parking facilities associated with the subdivision, the
applicant/developer shall submit the improvement plans to the Community
Development Department and Public Works Department for review and approval.
The plans shall be prepared by a registered civil engineer licensed in the State of
California and shall be signed and stamped as approved. The Community
Development Department shall review and approve the parking lot layout,
including number of spaces, dimensions of spaces, and Americans with
Disabilities Act (ADA) requirements, and the Public Works Director shall review
and approve the internal and external circulation of the parking lot, including lane
widths and access points, prior to approval of the improvements plans or
parcel/final map, whichever comes first.
48. Bicycle parking facility locations and type shall be shown on the construction
improvement plans. The facility location and type shall be approved by the
Community Development Department prior to approval of the improvements plans
and parcel/final map. The Community Development Department shall inspect the
location, type, and number of facilities to ensure they are in accordance with the
approved plans prior to acceptance of the work or issuance of any occupancy
permit, including a temporary occupancy permit, whichever come s first.
Environmental: Standard Conditions
49. All projects which the City reasonably determines will cost one h undred thousand
($100,000) dollars or more to construct will be required to submit a Waste
Management Plan (WMP) approved by the Public Works Director in accordance
with AMC Section 21-24.
50. Driveways or aisles shall provide unobstructed access for collection vehicles and
personnel and provide at least the minimum clearance required by the collection
methods and vehicles used by the City’s designated collector or hauler. In all
cases where a parcel is served by an alley, all exterior storage areas shall be
directly accessible to the alley.
51. The storage area(s) and the individual bins and containers provided within shall
be adequate in capacity, number and distribution to serve the anticipated demand
as determined by the Public Works Director.
52. All solid waste containers, including dumpsters and individual cans or carts, must
have fitted lids which shall remain closed at all times when the container is not
being used or emptied.
Notice: The time limit within which to commence any lawsuit or legal challenge to any
quasi-adjudicative decision made by the City of Alameda is governed by Section
1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by
any other provision, including without limitation Government Code section 65009
applicable to many land use and zoning decisions, Government Code section 66499.37
applicable to the Subdivision Map Act, and Public Resources Code section 21167
applicable to the California Environmental Quality Act (CEQA). Under Section 1094.6,
any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must
be filed no later than the 90th day following the date on which such decision becomes
final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be
barred. Government Code section 65009 and 66499.37, and Public Resources Code
section 21167, impose shorter limitations periods and requirements, including timely
service in addition to filing. If a person wishes to challenge the above actions in court,
they may be limited to raising only those issues they or someone else raised at the
meeting described in this notice, or in written correspondence delivered to the City of
Alameda, at or prior to the meeting. In addition, judicial challenge may be limited or
barred where the interested party has not sought and exhausted all available
administrative remedies.
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 exactions. The applicant is hereby
further notified that the 90-day appeal period, in which the applicant may protest these
fees and other exactions, pursuant to Government Code Section 66020 (a) has begun.
If the applicant fails to file a protest within this 90-day period complying with all
requirements of Section 66020, the applicant will be legally barred from later
challenging such fees or exactions.
* * * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 18th day of June, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and
Mayor Gilmore – 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
seal of said City this 19th day of June, 2013.
_________________________
Lara Weisiger, City Clerk
City of Alameda