Resolution 15195CITY OF ALAMEDA CITY COUNCIL RESOLUTION NO. 15195
UPHOLDING APPROVAL OF DEVELOPMENT PLAN AND DENSITY
BONUS APPLICATION PLN15 -0582 AND OPEN SPACE DESIGN
REVIEW APPLICATION FOR 2229, 2235 AND 2241 CLEMENT
STREET (APN 071 029000100 AND 071 028900500), ALSO KNOWN
AS THE "BOATWORKS" PROPERTY
WHEREAS, Mr. Phil Banta on behalf of Boatworks, LLC is requesting approval of
a Development Plan for a 9.48 acre site for a proposed development of 182 residential
units and associated public open space, parking, landscaping and other improvements at
the property owned by Boatworks, LLC at 2229, 2235 and 2241 Clement Street (APN 071
029000100 and 071 028900500), also known as the "Boatworks" property; and
WHEREAS, the subject property is designated for Medium Density Residential and
Open Space on the General Plan Diagram; and
WHEREAS, the subject property is located in a R -2 /PD, Two Family
Residential /Planned Development Zoning District and Open Space Zoning District; and
WHEREAS, the City of Alameda prepared and certified an Environmental Impact
Report (EIR) evaluating the proposal as required by the California Environmental Quality
Act (CEQA) in 2010 for a 242 unit proposal; and
WHEREAS, on September 21, 2010 the City of Alameda City Council certified the
EIR; and
WHEREAS on July 19, 2011, the City Council approved a Tentative Map for a
reduced density alternative with 182 units on the site; and
WHEREAS on December 15 2015, Mr. Banta for Mr. Collins submitted a revised
plan for the site with a Development Plan and Density Bonus application for 182
residential units and on May 20, 2016 Mr. Banta submitted a Design Review application
for the waterfront open space; and
WHEREAS, the Density Bonus application includes a base project of 140 units
with thirteen (13) housing units affordable to very low income households; and
WHEREAS, that project is eligible for a density bonus of 30% under California
Government Code 65915 and City of Alameda Municipal Code Section 30 -17; and
WHEREAS, Mr. Banta for Mr. Collins has requested the 30% density bonus for a
total project size of 182 residential units; and
WHEREAS, Mr. Banta and Mr. Collins requested waivers from Alameda Municipal
Code Section 30 -52 (to allow multifamily housing), Section 30 -7.6 (to allow one car
garages in some attached townhomes and the multifamily buildings), and Section 30 -4.2
(to allow lots less than 2,000 square feet in size); and
WHEREAS, the Planning Board held a public hearing and examined pertinent
maps, drawings, and documents on July 25, 2016; and made the following findings:
1. The proposal qualifies for a density bonus pursuant to Section 30 -17. The applicant
is proposing to provide 13 very low income units, which represents 9% of the base
project of 140 units for very low- income households, which qualifies the project for a
30% density bonus for a total project size of 182 units.
2. The proposal qualifies for a certain waivers from City of Alameda Development
Standards pursuant to Section 30 -17. The applicant has requested certain waivers
from certain development standards included in AMC Section 30 -52 (to allow
multifamily housing), AMC Section 30 -4.2 (to allow parcels less than 2,000 square foot
in size), and 30 -7 (to allow some homes to have a one car garage) that physically
preclude the construction of the development at the densities permitted.
3. The requested development standard waivers would not have a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon health,
safety, or physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact.
4. The requested development standard waivers would not be contrary to state or federal
law.
5. The proposed development plan is in substantial conformance with the General Plan
and Zoning for this site. The development is consistent with the R -2 /PD and Open
Space General Plan and Zoning designations for the property.
6. The site is physically suitable for the proposed residential development and waterfront
public open space because: a) the property is within a one block walk of Park Street
retail and transit services, b) the two acre waterfront park will improve public access
to and along the waterfront in this area of the City, and c) at 19 units per acre, the
project is less than the maximum 21 units per acre permitted by the General Plan and
City of Alameda Density Bonus Ordinance.
7. The proposed design of the subdivision and improvements, as conditioned, will not
cause environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. The design of the subdivision and its improvements will create public
easements and rights of way required by the public at large for access through,
around, and adjacent to the property. The project will include public right -of -way that
will enhance public access through the property to and along the waterfront.
Easements for public open space, parking, traffic circulation, surface drainage runoff,
and utilities are required as conditions of approval. '
8. Based on substantial evidence in the record, no further environmental review is
required for the proposed project as provided by Section 15162 of the California
Environmental Quality Act Guidelines because neither the project, nor the
circumstances surrounding the project, would result in any new or more severe
significant impacts to the environment; and
WHEREAS, on August 1, 2016, attorney Shona Armstrong, on behalf of
Boatworks, LLC, submitted a letter to the City appealing the imposition of conditions on
the Development Plan. In support of its appeal, Boatworks asserted that the conditions
placed on the Development Plan: (1) "abrogate[d] Boatworks' vested rights and [were]
beyond the City's jurisdiction"; and (2) would cost Boatworks a minimum of $45 Million in
square footage and market rate housing units"; and
WHEREAS, the City Council held a public hearing on September 6, 2016, at which
it examined pertinent maps, drawings, and documents, heard comments from Boatworks'
representatives and the public, and made the following findings:
The proposal qualifies for a density bonus pursuant to Section 30-17. The applicant
is proposing to provide 13 very low income units, which represents 9% of the base
project of 140 units for very low-income households, which qualifies the project for a
30% density bonus for a total project size of 182 units.
2. The proposal qualifies for a certain waivers from City of Alameda Development
Standards pursuant to Section 30-17. The applicant has requested certain waivers
from certain development standards included in AMC Section 30-52 (to allow
multifamily housing), AMC Section 30-4.2 (to allow parcels less than 2,000 square foot
in size), and 30-7 (to allow some homes to have a one car garage) that physically
preclude the construction of the development at the densities permitted.
3. The requested development standard waivers would not have a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of section 65589.5, upon health,
safety, or physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact.
4. The requested development standard waivers would not be contrary to state or federal
law.
5. The proposed development plan is in substantial conformance with the General Plan
and Zoning for this site. The development is consistent with the R-21PD and Open
Space General Plan and Zoning designations for the property.
6. The site is physically suitable for the proposed residential development and waterfront
public open space because: a) the property is within a one block walk of Park Street
retail and transit services, b) the two acre waterfront park will improve public access
to and along the waterfront in this area of the City, and c) at 19 units per acre, the
project is less than the maximum 21 units per acre permitted by the General Plan and
City of Alameda Density Bonus Ordinance.
7. The proposed design of the subdivision and improvements, as conditioned, will not
cause environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. The design of the subdivision and its improvements will create public
easements and rights of way required by the public at large for access through,
around, and adjacent to the property. The project will include public right -of -way that
will enhance public access through the property to and along the waterfront.
Easements for public open space, parking, traffic circulation, surface drainage runoff,
and utilities are required as conditions of approval.
8. Based on substantial evidence in the record, no further environmental review is
required for the proposed project as provided by Section 15162 of the California
Environmental Quality Act Guidelines because neither the project, nor the
circumstances surrounding the project, would result in any new or more severe
significant impacts to the environment.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Alameda hereby finds that the Planning Board's action were proper under the City's broad
authority under its general police power to regulate the development and use of real
property within its jurisdiction and the conditions imposed on the Development Plan were
properly imposed and were crafted to ensure and preserve a viable project for the
property and that other projects on the Northern Waterfront of Alameda have proposed
and /or been approved with similar conditions of approval; and
BE IT FURTHER RESOLVED, that the City Council of the City of Alameda hereby
upholds the Planning Board approval of the Development Plan, Density Bonus, and
Design Review applications PLN 15 -0582, subject to the following conditions:
Community Development Conditions of Approval.
1. Subsequent Approvals: All subsequent Design Review, Subdivision Map and
Improvement Plans filed pursuant to this approval shall be in substantial compliance
with Exhibit A titled, "Alameda Boatworks Green Development Plan" (the
"Development Plan "), and on file in the office of the City of Alameda Community
Development Department.
2. Development Phasing: Issuance of building permits and development of the
property shall proceed consistent with the phasing plan included in Exhibit A,
Development Plan page ps /DP -10. Minor adjustments to the phasing plan may be
approved by the Community Development Department as necessary to facilitate
construction of the project.
3. Regional and State Agency Approvals. Prior to issuance of the first building permit
for any phase of the project, the applicant shall acquire the necessary permits and
approvals from all other regulatory agencies with jurisdiction over the project,
including the Bay Conservation and Development Commission (BCDC) and the
Department of Toxics Substance Control (DTSC).
4. Environmental Impact Report (EIR) Mitigations: Prior to issuance of the first building
permit for the first phase of the project, the applicant shall submit a Mitigation
Measure implementation plan or checklist to ensure that all required EIR mitigations
required by the Boatworks Project EIR are satisfied per the project Mitigation
Monitoring Reporting Program approved by the City Council in 2010.
5. Open Space: Building permit and improvement plans submitted for the waterfront
open space shall include:
a. At least 2.16 acres of common open space as shown on Exhibit 1 Development
Plan page ps/OS-4. The plans shall include a survey of the property completed
after the recent reconfiguration of the shoreline confirming the acreage.
b. Playground equipment and facilities designed for children under 5 years of age,
and equipment and facilities for children aged five to 12 years of age.
c. Facilities to allow access to the water for kayak launching and water taxi
landings.
d. Facilities and space for loading and unloading water craft from an automobile
in close proximity to the waterfront park near the proposed "clubhouse".
e. A minimum of 30 visitor and guest parking spaces.
f. Visitor bicycle facilities as required by AMC Section 30-7 for open space.
g. Cross section and design details to ensure that the central g reen/bio- retention
lawn shown on Exhibit 1 Development Plan page ps/DP-1 9.1 and 19.2 is
usable for active and casual recreation for the general public. Any areas that
must be restricted from use by the public to comply with storm water
management requirements shall be deducted from the 2.16 acres of common
open space.
6. Open Space Maintenance and Access: Prior to issuance of the first building permit
the applicant/developer shall establish and record on the deed of the property or in
CC&Rs, a Maintenance Finance Mechanism to ensure maintenance of the open
space in perpetuity by the property owners at no expense to the City and provide
the City with, and dedicate to, the City a permanent public access easement all
public open space shown on Exhibit 1, page ps/OS-4.
7. Affordable Housing: Prior to the approval of the first building permit the
applicant/developer shall complete an executed Affordable Housing Agreement
consistent with Alameda Municipal Code 30-17 which shall document the final
location, quality, size and distribution of the twenty nine (29) affordable units
required. The total units provided shall include a minimum of thirteen (13) very -low
income units, six (6) low- income units, and ten (10) moderate - income units. The 29
affordable units shall be dispersed throughout the property with the market rate units
and shall be of comparable size and quality to the market rate units, per AMC
Section 30 -17.8. The very low and low income units may be located in a single
building if required to permit the units to be managed by a qualified non - profit
housing provider that requires the units to be consolidated into a single building to
provide for on -site services and support facilities for the very low and low income
households.
8. Residential Design Review. Prior to issuance of the first building permit, the applicant
shall submit a Design Review application and plans for the review and approval by
the Planning Board for the proposed residential units shown on Exhibit A. The
Design Review plans shall be consistent with the City of Alameda Design Review
Manual (Design Review Manual) for residential development and the following
standards:
a. 182 Units: The total number of units developed on the property shall not exceed
182 residential units, provided that the applicant complies with the
requirements of Condition #7 above regarding affordable housing. If the
applicant does only 6 very low income units, 6 low income units and 10
moderate income units, then the total units permitted shall be limited to 140.
b. Building Types: The Design Review Plan may include single family, townhome,
courtyard home, senior assisted living, and /or live work unit building types, as
defined by citywide Design Review Manual, provided that at least 30% of the
units shall be constructed in multifamily stacked flats buildings as defined the
Design Review Manual.
c. Housing Unit Sizes: To accommodate a variety of household sizes, at least
40% of the units shall be 1,100 square feet or less in size and at least 70% of
the units shall be 2,000 square feet in size or less.
d. Universal Design: To accommodate households with disabled family members
and /or seniors aging in place, at least 15% of the single family homes and 8%
of the townhome units shall include the kitchen, the main common area, and at
least one bedroom and at least one full bathroom on the ground floor. The 8%
townhomes may be smaller in size than the other townhomes and may include
a single car garage.
e. Off Street Parking. At least one and no more than two off - street parking spaces
shall be provided in private garages or in common parking areas under
multifamily buildings. The total number of residential /non- visitor parking spaces
on the site shall be limited to 1.5 parking spaces per unit. All parking in
multifamily stacked units shall be leased separately from the cost of the unit.
f. Building Heights: Building heights shall step down from Clement Avenue to the
Oakland Estuary and the waterfront open space. Multifamily stacked flat
buildings may be four stories (up to 50 feet) in height, and townhomes and
single family homes may be three stories and 35 feet in height. An additional
"penthouse" floor may be added to multifamily buildings or attached townhome
buildings facing Clement Avenue or Oak Street provided that the penthouse
floor is set back at least 8 feet from the front of the building to be hidden from
public view from the adjacent right of way. The floor area of a penthouse floor
may not exceed 50% of the floor area of the floor below. Buildings facing
paseos of 35 feet in width between building faces shall be limited to two stories,
with a permitted penthouse, provided the penthouse is setback 10 feet from the
side of the building facing the paseo. At least 25% of the townhome units and
single family units shall be two stories in height. Penthouse units may also be
placed on buildings facing paseos and parks of over 35 feet in height, provided
the penthouse is setback at least 10 feet from the front of the building facing
the paseo or park.
g. Building Setbacks Building setback standards for Clement Street, Oak Street,
and Elm Street and from internal paseos and parks shall be consistent with
Exhibit B Boatworks Green Setback Standards and Sections. Bay windows
may project up to two feet into required setbacks and projecting open air
porches on the ground floor may project up to 5 feet into the required setback.
Townhomes and single family homes that are adjacent to a park, paseo, or
street along their side elevation must provide a four (4) foot landscaped setback
from the public right of way or sidewalk.
h. Private Open Space: Each housing unit with access to the ground floor of the
structure shall include a minimum of 120 square feet of private open space,
consistent with AMC 30-5.4.2.d.9. Stacked flats and apartments accessed
from the second floor of the structure or above shall include a minimum of 60
square feet of private open space. For stacked flats, private open space may
be provided in common spaces, such as roof decks or courtyards.
,Oak Street. The Oak Street frontage shall include an 8 foot sidewalk and street
trees on the property. Residential buildings shall be setback 16 feet from the
existing property line (existing curb line) at the edge of the existing automobile
right of way. A 12 foot pedestrian and bicycle path shall be provided from the
intersection of Blanding to the waterfront along the eastern side property line.
j. East-West Walkway. As shown on Exhibit A, a minimum 10 foot wide publically
accessible walkway shall be provided between Oak Street and Elm Street
bisecting the block between Clement and the Blanding extension. The
alignment of the walkway may be off-set up to 50 feet.
k. Elm Street View Corridor. To preserve the Elm Street view corridor to the park
and Estuary, no building shall encroach closer than 35 feet from the western
side property line. A 12 foot pedestrian and bicycle path shall be provided from
the intersection of Blanding to the waterfront along the western side property
line.
9. Public Art. Prior to issuance of the first building permit, the applicant is required to
comply with the terms of the City of Alameda Public Art requirement as specified in
Alameda Municipal Code section 30 -65.
10. Transportation Impacts: As required by the Boatworks EIR Mitigation Measure B -3a
prior to issuance of the first occupancy permit, the project shall fund and provide
transit services from the property to the regional transportation facilities including
BART. At minimum, the transportation services shall include access to AC Transit
services and commute hour shuttle services to BART. Such services shall be made
available to each home owner and tenant upon first occupancy of the first unit. The
transportation services may be provided by the project Homeowners Association, a
third party provider, or an existing transit agency such as AC Transit. To insure
permanent funding for transportation services, a Homeowner's Association or other
funding mechanism shall be created for properties located within the project site.
The project shall be subject to its Declaration of Covenants, Conditions and
Restrictions or alternative funding mechanism, to which these conditions shall be
attached as an Exhibit. The provisions of this Declaration shall provide a
requirement and mechanism of annual funding by the Homeowners Association.
The funding shall be provided on a permanent basis as an assessment on the Lots
and Units in the Project. The participation and funding for program services under
these conditions is mandatory and shall be considered an obligation and
requirement of the project. The obligations, requirements and provisions under this
condition cannot be amended, revised, deleted or rescinded by the HOA or property
owners without the prior written approval of the City's Transportation Commission or
City Council. To provide the required transportation services, the project
developer /applicant shall establish or join an existing transportation demand
management association (TMA) or transit provider organization to provide
transportation services to the project residents. To fund the necessary services, the
project CC &Rs or similar instrument shall require that each unit provide annual
funding to the transit provider or TMA in the following amounts: $550 /year /Single
Family Detached Unit, $450 /year /Single Family Attached Unit (townhome), and
$350 /year /Stacked Flat Unit. The 2016 initial annual assessment fee per unit per
year established by this condition shall be subject to annual adjustment according
to the annual changes in the Bay Area Consumer Price Index. The Homeowners
Association shall be responsible for providing an annual report for Transportation
Commission and City Council review and approval at a noticed public hearing which
shall include peak hour automobile counts at the two project entries and surveys of
project residents to determine whether the 10% reduction requirement is being
achieved annually. In the event that the development fails to achieve the 10%
reduction in any given year, the annual report shall identify additional measures that
shall be taken to further reduce automobile trips during the peak periods.
PUBLIC WORKS CONDITIONS OF APPROVAL
Engineering
11. 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 prepared 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.
12. All existing and proposed easement locations, uses and recording information shall
be shown on future subdivision map applications. 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.
13. The landscape and irrigation plans for improvements on and off-site shall be
prepared, and signed and stamped as approved, by a licensed landscape architect.
The plans shall be in accordance with the most recent version of the "Bay-Friendly
Landscape Guidelines" developed by StopWaste.Org and the Bay Friendly
Coalition, the Master Street Tree Plan, the AMC, conditions of approval by the
Planning Board, and other regional jurisdictions requirements, as applicable.
a) Projects required to meet the Bay-Friendly Landscape (BFL)
requirements shall:
i. have plans prepared by a qualified BFL design professional;
ii. earn, at a minimum, a total of 60 points on the StopWaste.Org "Bay-
Friendly Scorecard for Commercial & Civic Landscapes"
(Scorecard), as determined by a qualified BFL Rater;
iii. complete the nine required practices identified on the Scorecard
related to mulch, compost, diversion of construction and demolition
waste, selection of planting materials, and the design and installation
of irrigation systems, as determined by a qualified BFL Rater;
iv. acquire the services of an approved BFL Rater to assist the
landscape project design and construction team with gaining BFL
qualification, consistent with the BFL qualification requirements of
the Bay Friendly Coalition
v. pay the required BFL application and final submittal fees via the BFL
Rater to the Bay Friendly Coalition
vi. submit to the City written certification from the Bay Friendly Coalition
that the design and construction of the landscaping and irrigation
meets the most recent version of the "Bay- Friendly Landscape
Guidelines" developed by StopWaste.Org and The Bay Friendly
Coalition. This certification is required prior to acceptance of the work
or issuance of any occupancy permit, including a temporary
occupancy permit, whichever comes first.
b) In addition, the final landscape plans shall ensure that all landscaping
and bioswales are compatible with the stormwater treatment measures
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. Also, integrated pest
management (IPM) principles and techniques shall be incorporated into
the landscaping design and specifications. Where feasible,, landscaping
shall be designed and operated to treat storm water runoff by
incorporating elements that collect, detain, and infiltrate runoff. Plant
placement within the site landscape design shall not interfere with the
design function of any of the stormwater treatment measures. For
example, trees planted in or near a biotreatment swale shall not
adversely interfere with the design flow capacity of the swale. The plans
shall be reviewed and approved by the Public Works Director prior to
approval of the improvements plans or the building permit, whichever
comes first. If no building permit is required, the plans shall be approved
by the Public Works Director prior to establishment of the use. The
landscaped architect shall also assume responsibility for inspection of
the work 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 landscaping and
irrigation in the public right of way was constructed in accordance with
the approved plans.
14. To guarantee completion of the required on -site and off -site improvements, the
applicant /developer shall enter into an agreement with the City and provide a
security in a form and amount acceptable to the City prior to approval of the
improvements plans and parcel /final map.
15. A sanitary sewage flow analysis, acceptable to the Public Works Director, identifying
the total peak sanitary sewage flow quantities to be generated by the proposed
development shall be prepared by a registered civil engineer licensed in the State of
California and submitted as part of the construction improvement plans. The
engineer shall sign and stamp the analysis as approved. The applicant/developer
will pay for the cost of the analysis. The City will determine the required
improvements, if any, to ensure sufficient sewage capacity for this project and
anticipated cumulative growth in the associated sewer sub-area. The
applicant/developer will include the City and EBMUD recommended improvements,
if any, from the sewer study and into the project's improvements plans prior to
approval of the improvement plan or parcel/final map, whichever comes first. All
permits, easements and/or approvals for modifications to the sewer system required
by EBMUD are to be obtained prior to Final Map.
16. Prior to the Final Inspections, the applicant/developer shall comply with the
provisions of the EBMUD Regional Private Sewer Lateral Program (which the City
is a participant of). Compliance requires that each parcel within the subdivision be
issued a Compliance Certificate by EBMUD for the upper lateral. The
applicant /developer shall schedule verification testing for the public and private
sewer mains, manholes, and other appurtenances in the public or private streets
within the subdivision, including lower laterals. The City will provide their acquired
test results for sewer infrastructure that is privately-owned to EBMUD so Compliance
Certificates can be issued for those parcels (parcels to be owned by Homeowners
Association). Review the program requirements and cost for Compliance
Certificates at hftp://www.easbaypsl.com
17. A storm drainage hydrology analysis, acceptable to the Public Works Director,
identifying the total peak drainage flow quantities to be generated by the proposed
development shall be prepared by a registered civil engineer licensed in the State of
California and submitted as part of the construction improvement plans. The
engineer shall sign and stamp the analysis as approved. The City will provide this
data to an independent consultant who will assess the impact of the proposed
development on the City's storm drainage system using a hydraulic model and
determine the improvements, if any, to ensure sufficient capacity for this project and
anticipated cumulative growth in the associated drainage basin. The
applicant /developer will pay for the cost of the modeling study. The
applicant/developer will include the recommended improvements into the project's
improvements plans prior to approval of the improvement plan or parcel/final map,
whichever comes first.
18. Prior to issuance of a building permit or approval of a subdivision map for the
property, the applicant/developer shall submit a soils investigation and geotechnical
report, acceptable to the Public Works Director, in accordance with the AMC and
prepared by a registered geotechnical engineer licensed in the State of California,
with recommendations based on the findings. The report shall address the structural
and environmental analysis of existing soils and groundwater. The improvement
plans shall incorporate all design and construction criteria specified in the report.
The geotechnical engineer shall sign and stamp the improvement plans as approved
and as conforming to their recommendations prior to approval of the improvement
plans or parcel /final map, whichever comes first. The geotechnical engineer shall
also assume responsibility for inspection of the work and shall certify to the City,
prior to acceptance of the work that the work performed is adequate and complies
with their recommendations. Additional soils information may be required during the
plan check of individual house plans. The applicant /developer will include the
engineer's recommended improvements into the projects improvement plans prior
to approval of the improvement plan or parcel /final map, whichever comes first.
19. All required public frontage and street improvements shall be designed, built, and
dedicated to the City in accordance with City ordinances and Public Works
Department standards and shall include curbs, gutters, sidewalks, street trees,
landscaping and irrigation, streetlights, etc.
20. Maintenance of public improvements shall be the responsibility of the new
development through an Assessment District and /or Homeowners Association.
21. All new utilities shall be placed underground prior to issuance of any occupancy
permit, including a temporary occupancy permit. In addition, when approval of a
tentative subdivision /parcel map is required, all existing utilities within the project
shall be placed underground in accordance with the AMC, prior to acceptance of the
project.
22. 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 (11/2)
inch asphalt concrete overlay. Applicant /developer shall also provide digouts and
reconstruction of any potholed and /or alligatored areas adjacent to the project.
23. Any retaining walls, which are adjacent to a property line, shall be masonry, metal,
or concrete. Wood retaining walls shall not be installed adjacent to property lines.
Existing retaining walls are to be evaluated by a geotechnical /structural engineer for
integrity. The engineer is to provide design criteria and recommendations for all
retaining structures. The applicant/developer will include the engineer's
recommended improvements into the projects improvement plans prior to prior to
approval of the improvement plan or parcel /final map, whichever comes first.
24. Installation of street paving shall include reconstruction of the existing pavement
section to provide adequate conforms. The limits of the reconstruction shall be
established by the Public Works Director prior to approval of the improvement plans
or parcel /final map, whichever comes first. The Public Works Director may waive
undergrounding of the KV 115 lines on Clement with the concurrence of Alameda
Municipal Power.
25. Exposed soil surfaces shall be periodically sprinkled to retard dust. During
construction, the applicant/developer shall ensure that construction crews undertake
a program of dust control including, but not limited to, watering soil surfaces as
needed to prevent dust blowing, covering trucks carrying materials to and from the
site, and frequent clean-up of soil carried by construction vehicle tires from the site
onto streets. No City water shall be used for this purpose.
26. All project related grading, trenching, backfilling, and compaction shall be conducted
in accordance with City of Alameda Standards and Specifications.
27. Construction activities are restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday
through Friday and 8:00 a.m. to 5:00 p.m. on Saturday, unless a permit is first
secured from the City Manager or designee based upon a showing of significant
financial hardship.
28. Construction equipment must have state of the art muffler systems as required by
current law. Muffler systems shall be properly maintained.
29. Noisy stationary construction equipment, such as compressors, shall be placed
away from developed areas off-site and/or provided with acoustical shielding.
30. Grading and construction equipment shall be shut down when not in use.
31. During non-working hours, open trenches shall be provided with appropriate
signage, flashers, and barricades approved by the Public Works Director to warn
oncoming motorists, bicyclists, and pedestrians of potential safety concerns.
32. 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.
33. New street trees shall maintain clearances from utilities as follow: a) Fire hydrant —
six feet; b) top of driveway wing — five feet; c) stop signs — 15'; d) street/pathway
lights and utility poles — 25'; e) storm drain, sanitary mains, gas, water, telephone,
electrical lines — five feet; f) front of electrical pad-mounted equipment — ten feet.
Verify minimum clearance distances of street trees/shrubs from electrical
transformers with Alameda Municipal Power (AMP).
34. Approved backflow prevention devices shall be installed on all new and existing
domestic, commercial, irrigation, and fire water services and as required by the East
Bay Municipal Utility District (EBMUD). These devices must be tested by an AWWA
certified tester from a list of testers provided by EBMUD.
35. Costs for inspection by the Public Works construction inspectors during non-working
hours shall be at time and one half. Work on Saturday's requiring inspection shall
not be done unless approved in advance by the Public Works Director. No work
allowed on Sundays. Any work done without inspection may be rejected at the
contractor's expense.
Stormwater and Water
36. Prior to issuance of building permits, the applicant /developer shall secure all
necessary permit approvals from EBMUD regarding the installation of all water or
sewer service connections for the project. Accumulated wastewater must be
drained to the sanitary sewer.
37. The applicant /developer shall provide the Public Works Department City Engineer
or designee, prior to the issuance of the first combination building /grading permit, a
copy of both the WDID# issued to the project site by the State Water Resources
Control Board (SWRCB) and the required Storm Water Pollution Prevention Plan
(SWPPP). These documents shall provide verification to the City that the project
site is in compliance with SWRCB Order No. 2009 - 0009 -DWQ prior to the initiation
of construction activity. Information on this State Order is available at:
http: / /www.waterboards.ca.gov /water iss u es/prog ram s/sto rmwate r/con stru cti on.sh
tml
38. In compliance with the submittals to the SWRCB, the developer shall submit a Storm
Water Pollution Prevention Plan (SWPPP) as part of the improvement plan
submittal. The SWPPP shall be reviewed and accepted by the Public Works Director
or designee for conformance with the City's erosion and sediment control standards.
39. In compliance with the SWPPP, the developer shall be responsible for ensuring that
all contractors and sub - contractors install and regularly maintain all control measure
elements required in the project SWPPP during any construction activities.
40. The applicant /developer shall be responsible for ensuring that during any
construction activity all contractors and sub - contractors install and regularly maintain
erosion control measures and perform Best Management Practices (BMP) as
described in the Alameda Countywide Clean Water Program brochures, 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, to prevent any pollutants entering directly
or indirectly the storm water system. The applicant /developer shall pay for any
required cleanup, testing, and City administrative costs resulting from consequence
of construction materials entering the storm water system.
41. The construction improvement plans shall incorporate permanent stormwater
treatment controls and /or design techniques to manage the quantity and quality of
stormwater runoff from a planned development to prevent and minimize impacts to
water quality. Efforts shall be taken to minimize impervious surface areas, especially
directly connected impervious surface areas. Roof drains shall discharge and drain
to an unpaved area wherever practicable. Design techniques may include
vegetated swales, vegetated buffer zones, bioretention units, retention/detention
basins and ponds, tree well systems, and the incorporation of pervious surface areas
and Low Impact Development (LID) measures. Stormwater treatment measures
shall be constructed consistent with the latest version of the Alameda County Clean
Water Program's Provision C3 Technical Guidance Manual. Applicants may also
refer to the Bay Area Stormwater Management Agencies Association (BASMAA)
Start at the Source Manual for technical guidance.
42. 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.
43. The applicant/developer shall submit a completed City of Alameda Stormwater
Requirements Checklist Form to the Public Works Department for review and
approval prior to discretionary approval or approval of the improvements plans,
grading permit, or building permit whichever comes first. If no building permit is
required, the form shall be submitted prior to establishment of the use. The form
shall include a table showing the amount of pervious and impervious area (indicated
in units of square feet) prior to and after the proposed development.
44. The applicant/developer shall submit a stormwater drainage management plan
showing each storm water LID measure(s) and treatment measure(s) required to be
constructed to meet Provisions C.3.c and C.3.d of the City of Alameda's Municipal
NPIDES storm water permit as part of the improvement plans for the project. This
stormwater drainage management plan shall be consistent with the results of the
completed City of Alameda Stormwater Requirements Checklist Form, as above. As
part of the final improvement plan submittal, the applicant/developer shall submit a
stamped, signed certification from a qualified independent civil engineer with
stormwater treatment facility design experience, licensed in the State of California,
and acceptable to the Public Works Director or designee that indicates the LID and
treatment measure design meets the established sizing design criteria for
stormwater treatment measures prior to approval of the improvements plans,
grading permit, or building permit, whichever comes first. If no building permit is
required, the plans shall be approved by the Public Works Director prior to
establishment of the use. Effective December 1, 2011, this requirement also applies
to any restaurant, automobile service facility, retail gasoline outlet, or uncovered
parking project of 5,000 square feet or greater.
45. The applicant/developer shall submit a Stormwater Treatment Measures Operations
and Maintenance (O&M) Plan as part of the improvement plans for the project. The
O&M plan shall include, but not be limited to: treatment measure(s) descriptions and
summary inventory; a legible, recordable, reduced -scale (8.5 "x11 ") copy of the Site
Plan indicating the treatment measure(s) location(s) and site drainage patterns;
treatment measure(s) maintenance requirements and maintenance schedule;
detailed description of the integrated pest management principals and techniques
and /or Bay Friendly Landscaping Program techniques to be utilized during
landscape maintenance to ensure pesticide /herbicide use - minimization in
landscaped areas; the approved plant palette list; name and contact information of
current maintenance personnel. The O &M Plan shall be reviewed and approved by
the Public Works Director or designee prior to approval of the improvements plans,
or grading permit, or building permit whichever comes first. If no building permit is
required, the plans shall be approved by the Community Development Department
and Public Works Director prior to establishment of the use. Effective December 1,
2011, this requirement also applies to any restaurant, automobile service facility,
retail gasoline outlet, or uncovered parking project of 5,000 square feet or greater.
46. The applicant /developer shall execute a Stormwater Treatment Measures
Maintenance Agreement (Agreement) with the City. The Agreement shall include,
but not be limited to: the approved O &M plan for all post- construction (permanent)
stormwater LID and treatment measures; identification of the party responsible for
stormwater LID and 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 0 &M report approved by the City. The Agreement shall be
executed between the project owner and the City and recorded prior to the issuance
of any occupancy permit, including a temporary occupancy permit. The Agreement
shall also be recorded at Project Owner's expense, with the County Recorder's
Office of the County of Alameda prior to establishment of the use. Effective
December 1, 2011, this requirement also applies to any restaurant, automobile
service facility, retail gasoline outlet, or uncovered parking project of 5,000 square
feet or greater.
47. The applicant /developer shall submit a certification report (Report) prepared by a
registered civil engineer, 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.
48. Fire sprinkler system test water discharges shall be directed to the sanitary sewer
system or to appropriately-sized onsite vegetated area(s).
49. All new storm drain inlets shall be clearly marked with the words "No Dumping!
Drains to Bay," or equivalent, as approved by the City Public Works Department.
Permanently affixed thermoplastic, metallic or plastic laminate style markers are
examples of acceptable forms.
Traffic and Transportation
50. The improvement plans shall include pedestrian cross walks and traffic control to
ensure safe pedestrian access to the site at the intersections of Oak and Blanding
and at the intersection at Elm and Clement Avenue. The improvement plans shall
also include 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.
51. For any off-street parking facilities associated with the Development Plan, 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.
52. Final bicycle parking plan shall be consistent with AMC-30-7.15 Bicycle Parking.
53. At least three weeks prior to the commencement of work within the public right-of-
way that affects access for pedestrian, bicyclist, and vehicular traffic, the
applicant/developer shall provide a Traffic Control Plan (TCP) to the Public Works
Department for review and approval. The TCP shall be prepared by a registered
civil engineer or traffic engineer licensed in the State of California, and be in
accordance with the California MUTCD standards. The engineer shall sign and
stamp the plans as approved. In general, any vehicular, transit, bicyclist, and
pedestrian access through and/or adjacent to the project site shall remain
unobstructed during project construction or an ADA compliant alternative route
established as approved by the Public Works Director. At locations where adequate
alternate access cannot be provided, appropriate signs and barricades shall be
installed at locations determined by the Public Works Director and Police Chief.
Should transit routes be affected, applicant /developer is required to receive prior
approval from AC Transit of any proposed traffic detours or temporary closure of bus
stops. Constructed work may not commence until the TCP is approved by the Public
Works Director.
54. Pedestrian and vehicular lighting at all intersections and project driveways shall
meet AMP standards for crosswalks, sidewalks, and intersections.
55. Applicant /developer shall replace any damaged curb, gutter, and sidewalk along
street frontages to the satisfaction of the Public Works Director, in accordance with
the Public Works Department's Standard Plans and Specifications prior to
acceptance of the project.
Environmental
WASTE /RECYCLING ENCLOSURES:
56. Design of all external enclosures for solid waste, recycling, and organics shall be
approved by the Public Works Director prior to approval of the improvements plans,
parcel /final map(s), or the building permit, whichever comes first. If no building
permit is required, the plans must be approved by the Public Works Director prior to
establishment of the use.
These facilities are to be designed to prevent water run -on to the area, runoff from
the area, and to contain litter, trash, and other pollutants, so that these materials are
not dispersed by the wind or discharged to the storm drain system. External
enclosures are to be roofed and /or enclosed. Any enclosures containing food waste
shall have floor drains connected to the sanitary sewer system. If the enclosures
are attached to buildings they shall have fire sprinklers. Internal collection and
storage area(s) and the individual bins and containers provided, shall be adequate
in capacity, number, and distribution to serve the anticipated demand for trash,
recycling, and organics as determined by the Public Works Director.
57. A 40 -foot turning radius must be provided for any street that would otherwise require
the collection truck to back up a distance greater than 150 feet. Although not
required, construction of a concrete pad just outside each solid waste enclosure is
recommended in order to accommodate the truck weight while servicing the
dumpster.
58. Applicant must comply with the following minimum storage requirements for solid
waste, recyclable and compostable materials:
59. Exterior solid waste and recyclable material storage shall be adjacent or combined
and may only be located on the outside of a structure, in a designated interior
courtyard with appropriate access, or in rear or side yards. External storage area(s)
shall not be located in any required front yard, street side yard, required parking,
landscaped, or open space, or any areas required by the AMC to be maintained as
unencumbered.
60. The storage area(s) shall be accessible to residents and employees. Each storage
area within a residential development shall be no more than 250 feet from each
dwelling unit.
61. 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.
62. 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.
63. The design and construction of the storage area(s) shall:
a. Be compatible with the surrounding structures and land uses; and
b. Be properly secured to prevent access by unauthorized persons. If gates
with locks are planned to limit access to the enclosure or to the property,
cards or keys must be provided to the City's franchised waste hauler and
recycling collector; at present Alameda County Industries; and
c. Contain a concrete pad within the fenced or walled area(s) and a concrete
apron which facilitates handling of the individual bins and containers; and
d. Provide a 6-inch wide curb or parking bumpers along the interior perimeter
of the enclosure walls to protect them from damage by the dumpster. A 6-
inch wide parking bumper, at least 3 feet long, should also be placed
between the refuse dumpster and the recycling containers; and
e. Maintain a minimum space of 12 inches between the dumpster(s) and the
walls of the enclosure and the recycling container(s) to allow for
maneuvering the dumpster(s); and
f. Protect the area(s) and containers from adverse environmental conditions,
which might render the collected materials non-collectible, noxious, unsafe,
or in the case of recyclable materials, unmarketable.
64. Dimensions of the storage area(s) shall accommodate containers consistent with
the current methods of collection. The storage area(s) shall be appropriately located
and screened from view on at least three sides by a solid wall six feet in height, and
on the fourth side by a solid gate not less than five feet in height. The gate shall be
maintained in good working order and shall remain closed except when in use.
Gates must open straight out and gates and hinges must be flush with the enclosure
wall to allow adequate maneuverability of the dumpster in and out of the enclosure.
The design of the wall and gate shall be architecturally compatible with the
surrounding structures.
65. A sign clearly identifying each exterior solid waste and recyclable material storage
area and the accepted material(s) is required. Each sign shall not exceed two
square feet in area and shall be posted on the exterior of the storage area adjacent
to all access points.
66. 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.
67. Concurrent with submittal of Improvement Plans, the Applicant shall coordinate with
the AMP regarding power requirements. All submittals shall refer to AMP's "Material
and Installation Criteria for Underground Electrical Systems" for minimum
clearances of street trees /shrubs from electrical transformers and other utility
electrical equipment.
68. The Applicant shall provide and install street lighting consistent with AMP's standard
specifications and AMP's "Material and Installation Criteria for Underground
Electrical Systems ". No signs shall be installed or mounted on street light poles
owned and /or maintained by AMP. All new signs shall be installed on dedicated sign
posts.
69. The Applicant shall provide all necessary on -site underground substructures,
including conduits, pull boxes, transformer pads, etc. per the AMP specifications.
AMP will require easements for all transformers, primary and secondary boxes, and
conduits. AMP will furnish and install all required transformers, high voltage
distribution cables, and secondary cables. The Applicant shall be reimbursed for
improvements pursuant to the standard AMP agreement.
70. The Applicant shall furnish and install code -sized service cables in code -sized
conduit from each house to the nearest secondary pillbox. AMP will connect the
service to the secondary distribution system.
71. The Final Map shall show all necessary easements and access to all electrical utility
facilities that are in the private properties, at no charge to AMP.
72. Prior to issuance of Certificate of Occupancy, the Applicant shall furnish and install
service equipment for each house. The service equipment shall meet Electric Utility
Service Equipment Requirement Committee standards.
73. Concurrent with acceptance of work by City Council, the applicant/developer shall
dedicate and AMP shall take over ownership and will be responsible for maintaining
all new substructures for under grounding primary and secondary circuits, and
distribution transformers once the improvements have been inspected and found to
have been properly installed. The Applicant or successor property owners shall be
responsible for the service cables and service equipment.
74. The Applicant/developer shall be responsible for all expenses involved in the on-site
duct/joint trench system including engineering design, plan check, and electrical
construction inspection. The Applicant shall be responsible for the cost of AMP
assigned inspector during construction
75. The Applicant/developer shall submit, with the on-site improvement plans, detailed
drawings showing the required on-site electric utility facilities.
76. Prior to approval of the Improvement Plans, the applicant shall submit plans for
review and approval by the Public Works Director and the Fire Chief, that:
a. Provide fire hydrants spaced throughout the project as required in California
Fire Code Appendix C. Ensure sufficient fire flow for the development compliant
with California Fire Code Appendix B and Alameda Municipal Code 15-1.2
where a maximum reduction of the fire flow can be reduced by 50% for fire
sprinklered buildings.
b. Fire hydrant flows shall be a minimum of 1,500 G.P.M. from any one hydrant;
c. Provide adequate turn around space or acceptable emergency vehicle through
access for any street greater than 150 feet in length;
d. Ensure that all roads that are required to be fire access roads have an adequate
turning radii for fire apparatus (inside turning radius of 28" and outside turning
radius of 44'8"); and
e. For all roads designated as fire access roads shall have a minimum fire lane
width of 26' unobstructed. Should parking within the fire lane be required, the
fire lane width is to be increased to an additional 8' per side for vehicle parking.
Prior to approval of the Final Map by City Council, the Applicant shall submit
improvement plans for the project site Fire Water System. The system shall be
designed to the satisfaction of EBMUD. The Applicant shall be responsible for the
placement of on-site hydrants. The location and number of hydrants shall be
established in improvements plans.
77. All private streets and courts within the development shall be marked as fire access
roads to the satisfaction of the Fire Chief. No on- street parking shall be permitted
within private streets and courts in the 20 foot wide fire lane.
78. The improvement plans and building permit plans shall include fire sprinkler systems
within each residential unit including the garage and attic spaces.
79. The improvement plans and building permit plans shall, to the satisfaction of the Fire
Chief and City Engineer, includes design each street and /or alley to handle the
maximum weight of the heaviest equipment that may be used by the Fire
Department for emergency purposes. Parking shall be prohibited within the streets
and alleys dedicated as fire lanes by the Fire Chief, and the CC &R's shall include
an enforcement mechanism.
80. Indemnification: The applicant shall defend (with counsel reasonably acceptable to
the City), indemnify, and hold harmless the City of Alameda, the Alameda City
Planning Board and their respective agents, officers, and employees from any claim,
action, or proceeding (including legal costs and attorney's fees) against the City of
Alameda, , Alameda City Planning Board and their respective agents, officers or
employees to attack, set aside, void or annul, an approval by the City of Alameda,
the Community Development Department, the Alameda City Planning Board, , or
City Council relating to this project. The City shall promptly notify the applicant of
any claim, action or proceeding and the City shall cooperate in such defense. The
City may elect, in its sole discretion, to participate in the defense of said claim, action,
or proceeding.
1, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in regular meeting of
the City Council assembled on the 6th day of September, 2016, by the following vote to
wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie and Mayor
Spencer — 4.
NOES: Councilmember Daysog — 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of the said City this 7th day of September, 2016.
b--1
Lara Weisiger, C ' y lerk
City of Alameda
Approved as to Form:
City A c
jWar)t . Kern,, City Atforney
C'
, of Alameda