Resolution 15900CITY OF ALAMEDA RESOLUTION NO. 15900
APPROVING TENTATIVE TRACT MAP NO. 8468 AND A CONDOMINUM
PLAN (PLN21-0587) TO SUBDIVIDE 2350 SARATOGA STREET INTO
THREE COMMERCIAL CONDOMINIUM UNITS
WHEREAS, an application was made on December 30, 2021 by Jonah Hendrickson on
behalf of Alameda Point Redevelopers LLC for Tentative Tract Map No. 8468 and a Condominium
plan (PLN21-0587) to subdivide 2350 Saratoga Street into three commercial condominium units;
and
WHEREAS, this application was accepted as complete on February 24, 2022; and
WHEREAS, the subject property is designated as Mixed Use on the General Plan
Diagram; and
WHEREAS, the subject property is located in the AP -AR, Alameda Point Adaptive Reuse
Zoning District; and
WHEREAS, on October 24, 2016 the Planning Board approved a Development Plan,
Design Review, and a Master Use Permit to renovate the existing building and create up to 88
new Work/Live units; and
WHEREAS, Alameda Municipal Code (AMC) Section 30-15, defines Work/Live units as
commercial or industrial units with incidental residential accommodations and the AMC requires
the recordation of a deed restriction requiring the maintenance of active business licenses and
valid Work/Live permits for Work/Live units; and
WHEREAS, on October 9, 2017 the Planning Board approved Development Plan and
Design Review Amendments to expand the size of rooftop improvements; and
WHEREAS, on November 19, 2019 the City Council adopted Ordinance No. 3255, which
reduced the minimum unit size requirement for Work/Live units to 500 square feet; and
WHEREAS, on February 10, 2020 the Zoning Administrator approved an amendment to
the Master Use Permit to allow up to 250 Work/Live units which became possible under Ordinance
No. 3255; and
WHEREAS, subdivision of the property will facilitate the development of 2350 Saratoga
Street consistent with the General Plan and the approved Development Plan; and
WHEREAS, the Planning Board held a duly noticed public hearing on March 28, 2022 for
this Tentative Tract Map and Condominium Plan application, and examined all pertinent maps,
drawings, and documents, and recommended City Council approval of Tentative Tract Map No.
8468 and associated Condominium Plan; and
WHEREAS, on May 3, 2022 the City Council reviewed Tentative Tract Map No. 8468 and
associated Condominium Plan and all pertinent maps, documents, and exhibits and determined
that the Tentative Map and Condominium Plan are consistent with the General Plan, Alameda
Municipal Code, and Development Plan requirements for the property.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Alameda,
based on its independent review, consideration, and exercise of its independent judgment,
determined, on the basis of substantial evidence in the entire record before the City, finds the
subject Tentative Tract Map and Condominium Plan are exempt from environmental review
pursuant to CEQA Guidelines Section 15315, which categorically exempts minor land divisions,
and none of the exceptions apply; and
BE IT FURTHER RESOLVED, that pursuant to AMC Section 30-78.5, the City Council of
the City of Alameda makes the following findings relative to Tentative Tract Map Application
PLN21-0587:
The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan, Zoning, and Development Plan
for this site. The proposed Tentative Tract Map is consistent with the Mixed -Use General
Plan designation and AP -AR, Alameda Point Adaptive Reuse, zoning regulations for the
property. The proposed Tentative Tract Map will allow the continued renovations to the
property consistent with the approved Development Plan, Design Review, and amended
Master Use Permit.
2. The site is physically suitable for the type and proposed density of the development.
The site is fully developed with a 270,000 square foot building with parking and
landscaping improvements. The Tentative Tract Map will not allow more than the
maximum number of Work/Live units previously approved by the amended Master Use
Permit.
3. 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 development of the site will not introduce hazards that are
inconsistent with the standard adaptive re -use of historic buildings within the NAS
Alameda Historic District. The previously approved Development Plan and Design Review
include conditions of approval to ensure that no unintended environmental damage or
exposure of future occupants to environmental dangers could occur.
4. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large for access through or use of property
within the subdivision. All required easements are to be retained.
5. The design of the subdivision and its improvements will not cause serious public
health problems. The previously approved and amended Development Plan, Design
Review, and Master Use Permit include conditions of approval that assure the property is
free of hazardous materials and would not adversely affect public health; and
6. The subdivision will not result in the discharge of waste into the sewer system that would
violate regional water quality control regulations; and
7. In approving the tentative map. the City Council has considered its effect upon the housing
needs of the region, balanced with the public service needs of Alameda residents and
available fiscal and environmental resources; and
BE IT FURTHER RESOLVED, that the City Council hereby approves Tentative Tract Map
No. 8468 and a Condominium Plan, subject to the following conditions of approval.
General
1. All maps filed pursuant to this approval shall be in substantial compliance with the map
titled, "Tentative Tract Map No. 8468" prepared by Keith S. Bush received December 30,
2021, and on file in the office of the Alameda Planning, Building and Transportation
Department.
2. The subdivider shall record the Final Map within twenty-four (24) months of approval, or
conditional approval of the Tentative Map by the City Council. The City may, upon the
subdivider's application filed before the Tentative Map's expiration date, extend its life for
an additional period or periods not to exceed six (6) years in accordance with state law.
3. Covenants, Conditions and Restrictions (CC&Rs) shall be prepared to the satisfaction of
the City of Alameda. Copies of the recorded CC&Rs and condominium plan shall be
provided to the City Engineer.
4. The front sheet of the Final Map and Condominium Plan shall be amended to include the
following restrictions under "Notes":
a. Rental and Sale Limitations
i. No work/live studio, or any portion thereof, shall be sold as an
individual unit.
ii. No portion of a work/live studio may be separately rented or sold as
a commercial space for a person or persons not living in the
premises or as a residential space for a person or persons not
working in the same studio.
iii. The restrictions shall be binding upon any successor in ownership
of the property and lack of compliance shall result in legal action
against the property owner.
b. Lease Agreements. The property owner or manager of the property shall
ensure that all work/live studio leases include provisions requiring
maintenance of a valid Work/Live Permit and valid business license.
c. Business License Required. At least one (1) occupant of each work/live
studio shall maintain a current City of Alameda business license for a
business located in that studio.
d. Mixed Occupancies. If a building contains mixed occupancies of work/live
studios and other nonresidential uses, occupancies other than work/live
shall meet all applicable requirements for those uses, and proper
occupancy separations shall be provided between the work/live studios
and other occupancies, as determined by the Building Official.
e. Notice to Occupants Required. The owner or developer of any building
containing work/live studios shall provide written notice to all work/live
occupants and users that the surrounding area may be subject to levels of
noise, dust, fumes, or other effects associated with commercial and
industrial uses at higher levels than would be expected in residential areas.
State and Federal health regulations notwithstanding, noise and other
standards shall be those applicable to commercial or industrial properties
in the district where the project is located. For purposes of noise control,
work/live studios shall be classified as commercial property under Table II
in Section 4-10.4 of the Alameda Municipal Code.
f. Change of Use From Work/Live Studio. No work/live studio shall be
changed to exclusively residential use in any building where residential use
is not permitted. The conversion of an existing work/live studio to
exclusively residential or nonresidential use is permitted with a Conditional
Use Permit amendment and when the conversion meets all other
applicable Alameda Municipal Code requirements for the proposed use.
Such a change shall be subject to all applicable requirements for the district
where the proposed dwelling unit is located.
g. Increase in Residential Use. No work/live studio shall be changed to
increase the floor area devoted to residential use without review and
approval of the Planning Director. In no case shall the floor area devoted
to residential use be increased to more than four hundred (400) square feet
or thirty (30%) percent of the gross floor area of the unit, whichever is less.
h. Additions to Building Envelope. All changes to the exterior of work/live
structures shall comply with the purposes set out in subsections 30-15.1g.
and h. and with the required finding set out in subsection 30-15.6d.
i. Deed Restriction Required. Prior to the City issuing a building permit for
any work/live studio, the property owner shall file with the county recorder
a declaration of restrictions, which has been approved by the City Attorney
as to its form and content, specifying the limitations of use and operation
included in the use permit and all Additional Requirements specified in
AMC section 30-15.5.
j. Landscaping. Where a building with work/live use is adjacent to
residentially -zoned land, screening landscaping shall be provided and
maintained as a buffer between the work/live building and adjacent
residentially -zoned land where feasible in light of building setbacks,
existing and required parking and whether there is land available along the
property boundary.
k. Hazardous/Toxic Materials. A Phase I Environmental Assessment for a site
proposed for work/live occupancy, including but not limited to an expanded
site investigation to determine whether lead based paint and asbestos
hazards exist, is required to be submitted as part of the application for a
use permit. The purpose of this requirement is to assess whether there are
any hazardous or toxic materials on the site that could pose a health risk.
Where the Phase I shows that there are potential health risks, a Phase 2
Environmental Assessment shall be prepared and submitted to determine
if remediation may be required.
5. Plans shall be prepared, signed, and stamped as approved by a registered civil engineer
licensed in the State of California.
6. The proposed work shall comply with Chapter 30, Article 6 of the Alameda Municipal Code
(Real Estate Subdivision Regulations) and Chapter 22 of the Alameda Municipal Code
(Streets and Sidewalks) as determined by the City Engineer.
7. The proposed work shall comply with Alameda's Standard Plans and Specifications and
Standard Subdivision Specifications and Design.
8. The fee for plan checking and inspection shall be calculated in accordance with the latest
Schedule of Fees & Charges as approved by the City Council.
Maps and Easements
9. The applicant is encouraged to contact the Public Works Department at 510-747-7930 to
schedule a pre -application meeting prior to the first submittal of any subdivision maps to
discuss submittal requirements, project review timeline, and fees associated with the
processing, filing, and construction of this development.
10. A current title report shall be submitted to identify current ownership and any existing
easements or land use restrictions.
11. The Applicant shall pay all fees prior to approval of final map.
12. The Final Map shall show all existing and proposed easement locations, uses and
recording information. The Owner's Statement shall list all public right-of-way and
easements to be dedicated and the Certificate of City Clerk shall list all public easements
and right-of-way to be abandoned with recording information as part of the final map.
13. The subdivider shall pay for all reasonable office and engineering costs expended by the
City Engineer's office, including overhead, in conjunction with reviewing the Final Map,
easements, and in obtaining the map signature of the City's consulting surveyor.
14. Prior to the City Council approval of the Final Map, the subdivider shall provide a Mylar
and a digital copy of the Final Map acceptable to the City Engineer.
Stormwater Quality Protection and Treatment
15. The Green Roof Maintenance Plan for 2350 Saratoga Street (September 2019, and/or as
further amended) shall be updated and verified by the developer to be consistent with
current green roof configurations and to identify and include name and contact information
of all parties responsible for the long-term maintenance consistent with current
Condominium Plan and Tentative Map and Exhibits.
16. Provide City of Alameda Public Works Clean Water Program office with a signed submittal
of the Green Roof Maintenance Plan for 2350 Saratoga Street, consistent with any
necessary revisions and updates described in Condition no. 15 above.
17. The subject Project's Declaration of Covenants, Conditions and Restrictions (CC&Rs)
shall accurately, thoroughly, and explicitly clarify maintenance responsibilities for the
project Green Roof and on-site stormwater site design and drainage measures, consistent
with current Condominium Plan and Tentative Map proposals and Exhibits.
18. Developer shall provide City of Alameda Public Works Department with a copy of the
project site's current Declaration of Covenants, Conditions and Restrictions, consistent
with Condominium Plan and Tentative Map proposals and Exhibits.
19. Developer/Owner shall be responsible for timely providing the City of Alameda's Public
Works Department Clean Water Program with a copy of any subsequent revisions or
amendments to the project site's CC&Rs resulting from further revisions and/or "Future
Expansion."
20. Project/site Green Roof and on-site stormwater site design measures and drainage
systems shall remain consistent with previous project Conditions of Approval.
21. All projects shall incorporate permanent stormwater low impact development (LID) design
techniques and source control measures to manage the quantity and quality of stormwater
runoff from the planned development to prevent and minimize impacts to water quality, in
accordance with the City of Alameda's National Pollution Discharge Elimination System
(NPDES) Permit, and consistent with the latest version of the Alameda County Clean
Water Program's Provision C3 Technical Guidance Manual. Project plans shall indicate
the efforts taken to minimize impervious surface areas, especially directly connected
impervious surface areas.
22. The project shall be developed to create or replace less than 5,000 square feet of
impervious surface. The developer shall submit a stormwater exhibit detailing the
impervious and pervious surfaces throughout the project. The City Engineer shall make
the final determination whether the project creates or replaces less than the threshold of
5,000 square feet of impervious surface and is therefore not subject to the City's National
Pollution Discharge Elimination System (NPDES) Permit Provision C3 "Regulated Project"
stormwater discharge requirements. Prior to issuance of the Permit, the Applicant shall
submit for review and approval by City Engineer a Stormwater C3 -LID Measures
Operations and Maintenance (O&M) Plan that provides a thorough discussion of the
inspection, operations and maintenance requirements of all of the stormwater treatment,
including trash capture, and LID design measures at the site. This O&M Plan shall be
consistent with the City of Alameda's C3 -LID Measures O&M Plan Checklist.
23. The development is subject to full trash capture requirements of the City's NPDES permit,
regardless of impervious surface area. The developer shall provide a full trash capture
system, device, or series of devices that traps all particles retained by a 5mm mesh screen
and has a design treatment capacity of not less than the peak flow rate Q resulting from a
one-year, one-hour storm in the sub -drainage area. Plan sheets shall include location,
detail and cross-sectional drawings of the stormwater full trash capture device(s)
necessary to treat the entirety of the site. The developer shall confirm that the full trash
capture device(s) included in the development plan are on the State Water Resources
Control Board's list of certified full trash capture systems. Trash capture shall occur on
site, not in the public right of way downstream. Applicant shall submit an O&M plan
detailing the necessary maintenance tasks and schedule required to maintain all on-site
trash capture devices.
24. Prior to project acceptance and any certificate of occupancy, the Property Owner(s) shall
provide the following:
Verification that the following have all been incorporated with the CC&Rs of the relevant
HOA: O&M plans for all stormwater treatment, trash control and design measures to be
maintained by any homeowners' association or property owners' association, the template
for annual self -reporting, and assurances for property access for City verification
inspections.
25. The Civil Improvement Plans shall provide the Public Works Department Clean Water
Program the construction -phase appropriate erosion and sedimentation control program
and plan for review and approval. The plans shall describe construction activity best
management practices to be implemented in conformance with the City's erosion,
sediment and discharge -control "Urban Runoff Best Management Practices Standards",
consistent with the California Storm Water Best Management Practices Handbook for
Construction Activities, the ABAG Manual of Standards for Erosion & Sediment Control
Measures, the City's Grading and Erosion Control ordinances and other generally
accepted engineering practices for construction activity pollution prevention, sediment,
and erosion control.
26. The Developer shall obtain all necessary permits from other regulatory agencies for
projects within sensitive areas or which have significant stormwater pollution potential.
Other regulatory agencies include, but are not limited to, the Regional Water Quality
Control Board, Department of Fish and Wildlife, Army Corps of Engineers, and the Bay
Conservation and Development Commission.
27. Projects proposed for construction between October 1st and April 15th, shall have an
erosion and sedimentation control program approved, and implemented to the maximum
extent possible, prior to the start of on-site earthwork. Installation of all components of
these plans shall be completed by October 1.
28. All new storm drain inlets shall be clearly marked with the words "No Dumping! Drains to
Bay," or equivalent, as approved by the Public Works Director.
Sewer and Water
29. Sanitary sewerage shall be in accordance with the EBMUD Regional Standards for
Sanitary Sewer Installation. All permits, easements, and/or approvals for modifications to
the sewer system required by EBMUD shall be obtained prior to issuance of any building
permits by the City.
30. Subdivision map shall clearly state extents of public and private sewerage, including pipes,
structures, and pump stations. Lower (public) and upper (private) sewer laterals shall be
separated by a two-way cleanout or manhole. All public sanitary sewer facilities shall be
in public streets or in public utility easements.
31. The City participates in the EBMUD Regional Private Sewer Lateral Program; therefore
the Applicant shall comply with the provisions of this program prior to the issuance of
Certificate of Occupancy. This Common Interest Development must be issued a
Compliance Certificate by EBMUD. Please review the program requirements and cost for
Compliance Certificates: http://www.eastbaypsl.com/eastba.ypsl/.
32. The subject Project's Declaration of Covenants, Conditions and Restrictions (CC&Rs)
shall identify the individual or entity responsible for the maintenance of the project's
sanitary sewer upper lateral.
33. The Applicant shall secure all necessary permit approvals from EBMUD regarding the
installation of all water service for the project.
HOLD HARMLESS. To the maximum extent permitted by law, the applicant (or its successor in
interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City
of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers
(collectively, "Indemnitees") from and against any and all claims, actions, or proceedings against
Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project.
This indemnification shall include, but is not limited to, all damages, losses, and expenses
(including, without limitation, legal costs and attorney's fees) that may be awarded to the
prevailing party arising out of or in connection with an approval by the Indemnitees relating to this
project. The City shall promptly notify the applicant of any claim, action or proceeding and the City
shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the
defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall
reimburse the City for its reasonable legal costs and attorneys' fees.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure
Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision
plus extensions authorized by California Code of Civil Procedure Section 1094.6.
NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code section 66020(d)(1), these Conditions constitute
written notice of a statement of the amount of such fees, and a description of the dedications,
reservations and exactions. The applicant is hereby further notified that the 90 -day appeal period,
in which the applicant may protect these fees and other exactions, pursuant to Government Code
section 66020(a) has begun. If the applicant fails to file a protest within this 90 -day period
complying with all requirements of section 66020, the applicant will be legally barred from later
challenging such fees or exactions.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
311 day of May 2022, by the following vote to wit:
AYES: Councilmembers Herrera Spencer, Knox White, Vella and Mayor
Ezzy Ashcraft — 4.
NOES: Councilmember Daysog — 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said
City this 4th day of May 2022.
Lara Weisiger, City Cle
City of Alameda
Approved as to form:
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Yibin Shen, City Attorney
City of Alameda