Ordinance 2924CITY OF ALAMEDA ORDINANCE NO. 2924
APPROVING MASTER PLAN AMENDMENT MP A04-0001 FOR A
MIXED USE DEVELOPMENT INCLUDING SINGLE-FAMILY
RESIDENTIA OFFICE , RESEARCH AN DEVELOPMENT , OPEN
SPACE, AN LIMITED RETAI USES AS WELL AS SITES FOR
MUTIPLE FAMY RESIDENTIA AN A SCHOOL, LOCATED
WITHIN A PROJECT ARA ENCOMP AS SING APPROXITELY
215 ACRES OF LAN AN WATER AT THE FORMER ALAMEDA
FLEET AN INUSTRI SUPPL YCENTER AN ANX AN
NAVAL AI STATION (NAS) ALAMEDA EAST HOUSING THAT
WOULD MODIFY CATELLUS' OBLIGATIONS TO MEET CERTAI
REQUIMENTS OF THE MASTER PLAN BY ALLOCATING
THOSE OBLIGATIONS BETWEEN ACET AN CATELLUS.
BE IT ORDAID by the City Council ofthe City of Alameda that:
Section 1.In accordance with Subsection 30-4.20 ofthe Alameda Muncipal Code
Master Plan MPA04-0001 , as shown on Exhibit DAD and . amended by the amendments to the
conditions of approval in Exhibit DBD ishereby adopted for all the real propert within the 215 acre
site situated with the City of Alameda, county of Alameda, State of Californa, located generally
south of the Oakland-Alameda Estuar, west of the Marner Square commercial area, northofthe
College of Alameda and Atlantic Avenue, and east of Main Street, exclusive of the Alameda
Gateway Center, U.S. Coast Guard Housing, and Miler Elementary School.
Section 2.The above Master Plan Amendment MP A04-0001 shall be known as and
referenced to as Catellus Alameda Project Master Plan (hereinafter Catellus Master Plan) dated
October 2001 , as amended.
Section 3.This Ordinance shall be in full force and effect from and after the
expiration of thirt (30) days ftom the date of its final passage subject to the signatue of the
development Agreement.
******
Exhibit A - Catellus Alameda Project Master Plan (on file in the Office ofthe City Clerk)
Exhibit B - Conditions of Approval Master Plan Am t MPA04-0001
f-" Lt)
Lara W eisiger , City lerk
City of Alameda
EXHBIT B
CONDITIONS OF APPROVAL - MASTER PLAN AMENDMENT MPA04-0001
AMNDMENT TO MASTER PLAN CONDITIONS
1. Master Plan condition #13(f) (Master Sign Program) shall be allocated as follows: ACET shall prepare a
Master Sign Program for the ACET Project in conjunction with its submittal of the Development Plan for
the ACET Project. Catellus wil prepare a Master Sign Program for the balance of the entire Catellus
Business Park in conjunction with the submittal of the first Development Plan for the balance of the
Business Park.
2. 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.
3. The allocation is based on the followig: 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 millon square feet of floor area and
may generate significant peak hour impacts , the TSM Program submitted by Catelluswith 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 fmancial contrbutions to fud various trp reduction programs
developed by the Catellus Transportation Systems Manager and approved by the City.
CONDITIONS
EFFECTIV DATE
The Master Plan Amendment shall not be in force and effect unless and until the followig conditions
have been satisfied:
a. The City Council first approves the Master Plan Amendment (MP A04-000 I) and it is in effect.
RESPONSIBILIT
As among ACET, the CIC and CDC , ACET shall be responsible for the costs associated with the
obtaining, implementing, and defending any necessar amendments ofthe Mitigation Measures and
Project Approvals and any required environmental review related thereto.
HOLD HARLESS
The applicant , or its successors in interest, shall defend, indemnify, and hold hannless the City of
Alameda or its agents , offcers , and employees from any claim, action, or proceeding aga nst 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 Governent
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 haress the City.
APPROVED PLANS
The Project shall be constrcted in substantial compliance with the document titled DCatellus Alameda
Project Master Plan D prepared by Catellus Development Corporation, as amended on January 2 2002
on fie in the office of the City of Alameda Planing Departent , except as modified by the Master
Plan conditions approved herein.
VESTING
These conditions run with the land and shall apply to the life of the Project, except as satisfied
pursuant to their express term.
DEVELOPMENT REGULATIONS
All regulations of the Alameda Municipal Code shall apply to MP A04-000 1 except where express
provisions have otherse been made in this Master Plan approval or in any Development Agreement
between the City and the applicant.
The Master Plan shall include the following specific limitations and exceptions to the Alameda
Municipal Code (AMe):
Within the business park, no outdoor storage of materals is approved as par of this Master
Plan Amendment. Any such storage may be penntted subject to an approved Use Permt.
CIT/APPLICAN RESPONSIBILITIES
The applicant shall not be held in default for non perfonnnce of any conditions required of the City
of Alameda or its agents or other agencies for development of propert, as specified in the
Development Agreement.
AMENDMENTS
Any amendments to this Master Plan Amendment shall be subject to the provisions established in the
Master Plan (page 1-10) and the Development Agreement (aricle 6.4) Major amendments to this
Master Plan shall remain within the authority of the City Council. The detennnation of minor and
major amendments shall be processed in accordance with the Development Agreement.
10.
ACKNOWLEDGMENT OF CONDITIONS
Prior to the issuance of any building pennt, the pennttee shall acknowledge in wrting all of the
conditions of approval of the Master Plan Amendment and must accept this Master Plan Amendment
subject to those conditions and with full awareness of the provisions of Chapter 30 of the Alameda
Municipal Code in order for the Master Plan, as approved herein and Design Review to be exercised.
11.
MASTER PLAN, TENTATIVE MAP AN MM COMPLIACE
The Master Plan Amendment shall be in substantial compliance with the provisions of the Catellus
Alameda Project Master Plan (January 2 2002), Amended Tentative Map (November 19 , 2001),
Development Agreement, Disposition and Development Agreement, and other entitlements, asamended; City infrastrcture design standards , as revised by the City Engineer; as well as the
mitigations contained in the Mitigation and Monitoring Reporting Program, as amended, prepared for
the Catellus Mixed Use Development Project.
G:\PLANNING\CC\ORDINANCES\2004\CC MP A Ordinance2 - S-03-04.doc
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 18
day of May, 2004 by the following vote to wit:
AYES:Councilmembers Daysog, Gilmore , Kerr, and Matarese - 4.
NOES:None.
ABSENT:Mayor Johnson - 1.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto setmy hand and affixed the offcial seal of said City thisth day of May, 2004.
\J
Lara Weisiger, City CI
City of Alameda