Ordinance 2929CITY OF ALAMEDA ORDINANCE NO.2929
New Series
APPROVING MASTER PLAN AMENDMENT MP A04-0002 TO
THE CATELLUS MASTER PLAN AN CATELLUS SITE-WIE
LANSCAPE DEVELOPMENT PLAN TO ALLOW FOR A
STORMW ATER TREATMENT AN DETENTION POND , PUM
STATION AN FORCE MAI ALONG THE WESTERN EDGE OF
THE PROPOSED BUSINSS PAR AN A STORMW ATER
OUTFALL INTO THE ESTUARY AT THE FORMER FISC SITE
NORTH OF TINR AVENU , TRACT 7179 FOR THE BAYPORT
HOUSING DEVELOPMENT
BE IT ORDAID by the City Council of the City of Alameda that:
Section 1.il accordance with Subsection 30-4.20 of the Alameda Municipal
Code , Master Plan MP A04-0001 , as shown on Exhibit 0 and Exhibit B amended by the
amendments contained in Exhibit C is hereby adopted for all the real property within the 215-
acre site situated within the City of Alameda , County of Alameda, State of Californa, located
generally south of the Oakland-Alameda Estuary, west ofthe Mariner Square commercial area
north of the College of Alameda and Atlantic Avenue, and east of Main Street, exclusive ofthe
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 the 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 ofthirty (30) days from the date of its final passage , subject to the signature of the
Development Agreement.
Attest:
Lara Weisiger , City
City of Alameda
Exhibit A - Catel1us Alameda Project Master Plan (on file in the Office ofthe City Clerk)
Exhibit B - Catellus Site-Wide Landscape Development Plan Amendment (on fie in the Office
ofthe City Clerk)
Exhibit C - Catellus Master Plan and Site-Wide Landscape Development Plan Amendment
MP A04-0002
EXHBIT C
CATELLUS MASTER PLAN AND SITE-WIDE LANDSCAPE DEVELOPMENT PLAN
AMENDMENT MPA04-0002
The specific portions of the Catellus Master Plan and Site-Wide Landscape Development Plan
that would be amended include the fol1owing (revisions are shown in bold face type):
A. Catellus Master Plan , page 6 , third paragraph: The Master Plan would be amended to
include the stormwater improvements as an allowable use, as follows: In the area north
of Tinker Avenue is a Business Park encompassing 77 acres which wil house up to 1.
milion gross square feet offlex-tech offce and research development uses with
supporting retail and related uses, including a storm water treatment and detention
pond, pump station, force main, outfall and associated landscaping along the western
edge of the proposed business park.
B. Catellus Master Plan , page 60 , seventh bul1et: The Master Plan would be amended to add
an item to the purpose and intent of the business park that would include the preservation
of open spaces , as follows: Preserve open spaces surrounding the storm water pond
and a five foot planter strip above the force main. "
C. Catel1us Site-Wide Landscape Development Plan, page 8 , first paragraph right side of
page: The proposed proj ect would amend the Site-Wide Landscape Development Plan to
add an item to the Commercial District of the business park that would include the
preservation of open spaces surrounding the stormwater pond and a five foot planter strip
above the force main to serve as landscape buffer areas , as follows: Landscape buffer
areas which include eastern and western boundaries of the Business Sub-District
including open spaces surrounding the storm water pond and afivefootplanter strip
above the storm water force main. "
CONDITIONS
EFFECTNE DATE
The Master Plan Amendment shall not be in force and effect , unless and until , the following
conditions have been satisfied:
a. The City Council first approves the Master Plan Amendment (MP A04-0002) and it is in
effect.
RESPONSIBILITY
Catellus and the Community Improvement Commission of the City of Alameda shall be
responsible for the costs associated with obtaining, implementing, and defending any necessary
amendments of the 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 haress the City of
Alameda or its agents , offcers , and employees from any claim, action, or proceeding against the
City or its agents , offcers , 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 provided 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 in the defense. If the City fails to notify the applicant of
any claim, action , or proceeding, or if the City fails to cooperate 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 Catellus
Alameda Project Master Plan prepared by Catellus Development Corporation , as amended on
January 2 , 2002 , on file in the office of the City of Alameda Planning and Building Departent
except as modified by the Master Plan conditions approved herein.
The above ground pump station enclosure shall be screened from view with a wood or wood slat
fence. No barbed wire or razor fences shall be allowed. The enclosure shall be coated with stucco
and the roof be constrcted of a material similar to one of the roof options used on the Bayport
project to the south.
VESTING
These conditions run with the land and shall apply to the life of the Project , except as satisfied
pursuant to their express terms.
DEVELOPMENT REGULATIONS
All regulations of the Alameda Municipal Code shall apply to MP A04-000 1 except where express
provisions have otherwse 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 (AMC):
Within the business park, no outdoor storage of materials is approved as part ofthis
Master Plan Amendment. Any such storage may be permtted subject to an approved Use
Permt.
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 determination of minor
and major amendments shall be processed in accordance with the Development Agreement.
ACKNOWLEDGMENT OF CONDITIONS
10.Prior to the issuance of any building permit , the permittee shall acknowledge in writing 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 , Planed
Development and Design Review to be exercised.
MASTERPLAN, TENTATNE MAP AN MMRP COMPLIACE
11.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, as
amended; City infrastrcture design standards , as revised by the City Engineer; as well as the
mitigations contained in the Mitigation Monitoring and Reporting Program, as amended, prepared
for the Catellus Mixed Use Development Project.
I, 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 20
day of July, 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
21 st day of July, 2004.
Lara Weisiger, City
City of Alameda