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Ordinance 2962ca 'C . ct CD CITY OF ALAMEDA ORDINANCE No. 2962 New Series APPROVING MASTER PLAN MP05-01 FOR A MIXED USE DEVELOPMENT INCLUDING SINGLE-FAMILY RESIDENTIAL RECREATIONAL MARINA , MARITIME COMMERCIAL , ANDOPEN SPACE USES, LOCATED WITHIN A PROJECT AREA ENCOMPASSING APPROXIMATELY 8.36 ACRES OF LAND AND WATER AT THE INTERSECTION OF GRAND STREET AND THE OAKLAND ESTUARY BE IT ORDAINED by the City Council of the City of Alameda that: Section 1.In accordance with Subsection 30-20 of the Alameda Municipal Code , Master Plan MP05-, as amended by the conditions in Exhibit "A" is herebyadopted for all the real property within the 8.36 acre site situated within the City of Alameda , County of Alameda, State of California, located generally south of the Oakland-Alameda Estuary, west of Grand Street and north of Fortmann Way and Marina Cove Park. Section 2.The above Master Plan MP-05-01 shall be known as andreferenced to as Grand Marina Project Master Plan dated July 17 , 2006 , as amended. Section 3.This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage subject to the signature of the development Agreement. Attest: Lara Weisiger, City Cle k City of Alameda EXHIBIT A:GRAND MARINA MASTER PLAN CONDITIONS EFFECTIVE DATE 1. The Master Plan approval shall not be in force and effect unless and until the City Council approves the Mitigated Negative Declaration, the General Plan Amendment (GP 05-02), and the Zoning Map amendments (R05-04), and they are in effect. APPROVED PLANS 2. The Project shall be constrcted in substantial compliance with the document titled Grand Marna Project Master Plan , prepared by Warington Homes California, dated September , 2006 on fie in the office of the City of Alameda Planing and Building Deparment except as modified by the Master Plan conditions approved herein. VESTING 3. These conditions ru with the land and shall apply to the life of the Project , except as satisfied pursuant to their express tenns. DEVELOPMENT REGULATIONS 4. All regulations of the Alameda Muncipal Code shall apply to MP 05-, except where express provisions have otherwise been made in this Master Plan approval. 5. The applicant shall submit applications and plans for a subdivision map for consideration and approval by the City in accordance with City Standards prior to issuance of any building pennit. 6. The applicant shall submit applications and plans for a Development Plan for each building phase of the Project for consideration and approval by the City. Such Development Plans require Planing Board action and shall be reviewed by the Planng Director to ensure that subsequent phases are designed to substantially confonn with the Master Plan approval and the conditions ofthis Master Plan and otherwise meet the requirements of Sections 30-4.20 30-35 and 30-36 of the Zoning Ordinance , except as otherwise provided in the applicable Development' Agreement. The Development Plan process shall provide for review of detailed site plans , building and landscape treatments as well as compliance with the Master Plan conditions of approval and the Mitigation Monitoring and Reporting Plan (M), applicable. The Development Plan shall approve the overall concept for site layout , building design and landscaping. Each building site or combination of sites shall be subject to Design Review. The Design Review process provides for review ofarchitectual design and building facades , building materials , colors , etc. 7. Specific infrastrctue improvements and constrction conditions shall be established through either a Development Plan or a Tentative Map for each development phase in accordance with City standards or other agencies responsible for the provision of infrastructue. All water, gas , electrcal and telephone lines shall be installed in accordance with the requirements ofthe Alameda Power and Telecom and other utility companes and to the satisfaction of the City Engineer, in accordance with the applicable DevelopmentAgreement. All utilities durng the constrction of each development phase shall beunderground, to the extent feasible, unless tru lines are allowed to remain above ground by the City Engineer. Poles and lights , and utility boxes shall not block pedestran access.Whenever possible utility boxes shall be screened from view with landscaping. When the Development Plans are finalized, the applicant shall contact the East Bay Muncipal UtilityDistrict New Business Offce and request a water service estimate to detennine costs and conditions of providing water service to the Project and shall follow the East Bay Municipal Utility Requirements. 8. Building design shall be subject to Design Review , requiring approval of Major Design Review DR05-0126 as par of the project. The Design Review process shall provide for review of architectual design and building facades , building materials , colors , etc. FIR SAFETY REQUIMENTS 9. The applicant and all contractors shall adhere to the standard conditions required by Alameda Fire Deparent , as par of individual Development Plans. 10. The applicant shall provide a "grass paver" emergency vehicle access (EVA) easementrug north from Fortan Way through the 0.19 acre trangular park so as to facilitate Fire Deparent access to the alley between lots 33-36 and 37-40. The EVA shall include a 28' inside tung radius. 11. The applicant shall post ''No Parking " signs in all alleys within the residential subdivision. 12. The applicant shall provide sprinklers in all living spaces , attics , and garages of the residential unts. SCHOOLS 13. The applicant shall pay a per-square-foot impact fee for residential development to the Alameda Unified School District prior to issuance of individual building pennits. PUBLIC ART 14. The applicant shall comply with AMC Subsection 30-, the Public Ar Ordinance. PROJECT ARA REQUIMENTS. 15. The applicant shall provide at least twenty-five (25) percent ofthe total number of housing unts for affordable housing, consistent with the inclusionar requirements of the Business and Waterfront Improvement Project Area, and shall enter into an affordable housingagreement with the City of Alameda Communty Improvement Commission (CIC). 16. Prior to issuance of building pennits , the applicant and the Community Improvement Commission shall enter into an agreement providing for: a. Provision of Affordable Housing within the project consistent with CIC Resolution No. 04-127 establishing inclusionar 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 MM. d. Establishment of a Northern Waterfront Transportation Demand Management program fuding strategy for the provision of water-based or land based shuttle services to Oakland from the Northern Waterfront area. The TDM fudig plan shall be designed to cover all properties within the Nortern Waterfront area, includig the Grand Mara site , the Del Monte site , the Encinal Tenninal site , the Pennoil site and the City's corporation yard and anmal shelter sites. REGIONAL PERMITS 17. The applicant (or City, as appropriate) shall obtain all required regional pennits including but not limited to pennits from the Bay Conservation and Development Commission , the U.S. Ary Corps of Engineers , Site Management Plan as approved by the Alameda County Health Deparent , and the Bay Area Air Quality Control Distrct , prior to conducting any constrction activities over which such regional agency has pennitting authority. 18. Prior to the issuance of a building pennit for each building or constrction phase within the residential area, including for site grading or foundation , the applicant (or City, as appropriate) shall submit a copy of the required Notice of Intent for that building or constrction phase which was sent to the Regional Water Quality Control Board. HOLD HALESS . 19. The applicant , or its successors in interest , shall defend , indemnify, and hold harless 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 anul , an approval of the City concernng 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. Ifthe City fails to promptly notify the applicant of any claim , action, or proceeding, or ifthe City fails to cooperate fully in the defense, the subdivider shall not hereafter be responsible to defend, indemnify, or hold harless the City. AMENDMENTS 20. Any amendments to this Master Plan shall be subject to the provisions established in the Master Plan. Major amendments to this Master Plan shall remain within the authority ofthe City Council. ACKNOWLEDGMENT OF CONDITIONS 21. Prior to the issuance of any building permit, the permittee shall acknowledge in wrting all of the conditions of approval of the Master Plan and must accept this Master Plan subject to those conditions and with full awareness of the provisions of Chapter 30 of the Alameda Muncipal Code in order for the Master Plan, as approved herein to be exercised. MASTER PLAN, TENTATIVE MAP AN MM COMPLIACE 22. The Master Plan shall be in substantial compliance with the provisions ofthe Tentative Map City infrastrctue 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 Grand Marna Project. PLANNING BOAR CONDITIONS AS MODIFIED BY THE CITY COUNCIL 1) The applicant wil study the feasibility or exposing the underlying wood plans and provide a consistent cosmetically appealing walkng and bicycling surface. Ifupon fuher study by the applicant , it is determined by the Planng and Building Director that exposing the existing wood plans is fiancially infeasible , unsafe , or contrar to water quality standards , the Planng Director may approve an asphalt resurfacing plan. 2) The existing asphalt pedestran path from Grand Street to the Alaska Packers buildig will widened and resurfaced to provide an well maintaied , adequately sized , and safe bicycle and pedestran path along the waterfront. The project shall be responsible for the maintenance of the sidewalk. 3) The applicant shall provide signage to direct traffc down Fortan to the mara parkig lot to discourage use of Hibbard by marna-bound traffc. 4) The Grand Street sidewalk shall be widened to facilitate pedestran access to the waterfront. 5) The waterfront open space landscaping plan between Hibbard and Alaska Packers should be revised to include larger areas of tuf for informal seating. 6) The final architectual submittal to the Plang and Building Director shall include revisions to the third story elements. The revisions wil reflect the design of the third stories in the Marano Project in Cupertino. In addition the final architectural submittals wil be reviewed to ensure that the project includes high quality windows , and the Grand Street elevations wil also be reviewed to ensure that the Grand Street project frontage is well ariculated architecturally and attactively landscaped. The Plang and Building Director shall consult with Mr. Chrstopher 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 purose 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 purose of providing APT Services to consumers withn the portions of the Project within Developer s ownership and/or control , with the understanding that APT wil obtain and maintain the requisite legal and regulatory authority under any and all governental 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 wil prohibit restrct , 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. , 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 6 day of February, 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 day of February, 2007. Lara Weisiger , City Clerk City of Alameda