ORDINANCE NO. 23-004
Ordinance Of The City Council Of The City Of Emeryville Approving An Amendment To The Conditions Of Approval For The Promenade Center Retail/Mixed Use Project Preliminary Development Plan To Include “Commercial Recreation - Indoor Sports And Recreation” As A Permitted Use And To Remove Language Restricting The Hours Of Operation To 6:00 A.M. To 10:00 P.M. (CEQA Determination: Mitigated Negative Declaration For The Promenade Center Retail/Mixed Use Project Adopted By City Council On April 6, 1999) WHEREAS, on April 6, 1999, the City Council adopted a Mitigated Negative Declaration for the Emery Village Retail/Mixed Use Project; and
WHEREAS, on April 20, 1999, the City Council adopted Ordinance No. 99-003 to amend the Kaiser Preliminary Development Plan (“PDP”) and establish the “Emery Village Project”, now known as the Promenade Center Retail/Mixed Use Project Preliminary Development Plan (the “PUD/PDP”), and a Final Development Plan for the residential portion of the PUD/PDP; and
WHEREAS, on September 19, 2000, the City Council adopted Resolution No. 00-162 approving a Final Development Plan for the retail portion and an amended Final Development Plan for the residential portion of the PUD/PDP, including Conditions of Approval and a Mitigation Monitoring Program; and
WHEREAS, on August 16, 2023, Luke Capen of Evergreen Devco submitted an application to amend the PUD/PDP to allow Planet Fitness, a 24-hour fitness center, to occupy the vacant Longs Drugs/CVS Pharmacy building at 4345 San Pablo Avenue; and
WHEREAS, the proposed PUD/PDP amendment involves a change to Condition of Approval VII.A to confirm that “Commercial Recreation – Indoor Sports and Recreation” is a permitted use and to remove language restricting the operation of permitted uses to 6:00 a.m. to 10:00 p.m.; and
WHEREAS, the proposed amendment does not represent a change in use, rather, it specifies that a specific commercial use type that is no more intensive than the commercial use types already permitted is allowed in the PUD/PDP, and there have been no substantial changes in the proposed project, nor to the circumstances under which the project will be undertaken, and no new information of substantial importance exists which would require preparation of any subsequent environmental review pursuant to State CEQA Guidelines Section 15162; and
WHEREAS, the Emeryville Planning Commission held a duly and properly noticed public hearing on the proposed PUD/PDP amendment on October 26, 2023 to solicit public comments and review and consider the proposed amendment, and then voted to recommend that the City Council approve the proposed amendment; and DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-004
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | December 19, 2023
WHEREAS, the City Council held a duly and properly noticed public hearing on the proposed PUD/PDP amendment on November 21, 2023; and
WHEREAS, the City Council has reviewed and considered the staff report and attachments thereto, the plans, all public comments, and the proposed amendment to the PUD/PDP, subject to the conditions and requirements set forth in Exhibit A attached to this Ordinance and the applicable standards of the Emeryville Planning Regulations (“the Record”);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EMERYVILLE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION ONE. PURPOSE AND INTENT.
The purpose and intent of this Ordinance is to adopt an amendment to the approved Conditions of Approval for the Promenade Center Retail/Mixed Use Project Preliminary Development Plan (PUD/PDP) to include “Commercial Recreation – Indoor Sports and Recreation” as a permitted use and to remove language restricting the hours of operation to 6:00 a.m. to 10:00 p.m.
SECTION TWO. REQUIRED FINDINGS FOR ADOPTING AN ORDINANCE.
In approving the proposed amendment to the PUD/PDP, as required by Section 9-
7.1004(a) of the Planning Regulations, the City Council finds that the findings set forth in Resolution No. 00-162 are still applicable to the PDP/PUD as modified by the proposed amendment, and makes the following additional findings:
1. The proposed planned unit development conforms to the adopted General Plan of the City.
The proposed amendment would allow for “Commercial Recreation – Indoor Sports and Recreation” uses within retail portions of PUD/PDP. This is consistent with the General Plan Land Use designation of Mixed Use with Residential, which encourages a variety of residential and nonresidential uses. It is also consistent with other uses that are permitted by the PUD such as retail, financial and professional services and personal services, including the intensity and impacts of those uses. In addition, the proposed amendment would not alter the allowed building height, floor area, or density established by the approved PUD/PDP and its Conditions of Approval, in conformance with the General Plan.
2. The proposed planned unit development at its proposed location will provide for a cohesive, integrated, well-planned development which will contribute to the general well-being of the surrounding neighborhood and community.
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-004
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | December 19, 2023
The proposed amendment will continue to provide a vibrant urban environment for pedestrians, residents, and the general citizenry. The amendment supports the intended mixed-use character of the PUD/PDP by adding “Indoor Sports and Recreation”, supporting a greater diversity of commercial use types onsite.
In addition, the removal of service hour restrictions will provide community members with greater convenience in accessing services onsite and will increase safety and visibility of the PUD/PDP site during off-peak hours of the day. In addition, patrons of the proposed Indoor Sports and Recration use are likely to support the other commercial establishments at the Promenade.
3. The project site is suitable for the uses permitted in the planned unit development in terms of access, size of parcel and relationship to similar or related uses.
The proposed amendment is suitable for the PUD/PDP site in terms of access, size of parcel, and the relationship to the other uses within the project site or project vicinity. The proposed use, “Commercial Recreation – Indoor Sports and Recreation” accommodates sports and health activities conducted within an enclosed building – consistent with the other commercial use types and site design approved by the PUD/PDP.
In addition, Planet Fitness intends to occupy an existing, 19,935-squarefoot building onsite. No changes to the approved site plan and building area are contemplated by the proposed amendment.
4. The location, size, design and operating characteristics of the proposed planned unit development will be substantially compatible with and will not be materially detrimental to neighborhood character, availability of civic facilities, capacity and physical character of surrounding streets, physical safety of the immediate area and the amount of light falling on adjacent buildings and open space.
The proposed amendment to the PUD/PDP will be compatible with neighborhood character, availability of civic facilities, surrounding streets, physical safety, and light falling on adjacent buildings and open space. The proposed “Commercial Recreation – Indoor Sports and Recreation” use is similar to other commercial use types already approved by the PUD/PDP and will occupy an existing building onsite.
While the amendment will remove restrictions on service hours for commercial use types enumerated in COA VII.A, the operating characteristics of the PUD/PDP will not be detrimental to neighborhood character. The PUD/PDP site is surrounded by similar commercial, service, and recreation uses, and any major modifications to the existing buildings DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-004
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | December 19, 2023
or site plan will be subject to further review under a new Final Development Plan for conformance with the PUD/PDP. As noted above, the restriction on operating hours for commercial uses was put in place to mitigate noise impacts to the PUD’s residential component, which was never completed.
5. The project site will be graded and developed with due regard for aesthetic quality and landscaping so as to reduce, to the extent feasible, significant negative impacts on the environmental quality or value of improved or unimproved property in the area.
The proposed amendment will not have any impact on aesthetic quality or landscaping because it does not propose any changes to site, building, or landscape design and therefore does not involve aesthetic considerations.
Furthermore, any major modifications to the existing buildings or site plan will be subject to further review under a new Final Development Plan for conformance with the PUD/PDP.
6. The proposed planned unit development will be developed to allow originality which does not have significant adverse impacts on the environmental quality or value of improved or unimproved property or prevent appropriate development and use of such areas.
The proposed amendment to the PUD/PDP will continue to allow originality that does not have significant adverse impacts on the environmental quality or value of improved or unimproved property or prevent appropriate development and use of such areas.
7. The proposed planned unit development has been designed to include open space, parking areas; pedestrian walks, signs, illumination and landscaping (including irrigation) to enhance the environmental quality of the site.
The proposed amendment does not alter the PUD/PDP’s open space, parking, pedestrian walks, signs, illumination or landscaping. Any major modifications to the existing buildings or site plan will be subject to further review under a new Final Development Plan for conformance with the PUD/PDP.
SECTION THREE. ADOPTION OF AMENDMENT TO THE APPROVED
PRELIMINARY DEVELOPMENT PLAN.
Based on the findings set forth in this Ordinance, and the evidence in the record, the City Council hereby approves the amendment to the Promenade Center Retail/Mixed Use Project Preliminary Development Plan Condition of Approval Number VII.A to include “Commercial Recreation – Indoor Sports and Recreation” as a permitted use and to remove language restricting the hours of operation to 6:00 a.m. to 10:00 p.m., as DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-004
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | December 19, 2023
set forth in the revised Conditions of Approvals, attached as Exhibit A and incorporated into this Ordinance by this reference.
SECTION FOUR. CEQA DETERMINATION.
The project is covered by the Mitigated Negative Declaration for the Emery Village Retail/Mixed Use Project adopted by the City Council on April 6, 1999 (Resolution No. 99-53), which applies to the proposed PUD/PDP amendments. As detailed in the staff report, there have been no substantial . changes in the proposed project, or to the circumstances under which the project will be undertaken, and no new information of substantial importance exists which would require preparation of a subsequent EIR under State CEQA Guidelines Section 15162.
SECTION FIVE. SEVERABILITY.
The City Council hereby declares that every section, paragraph, clause and phrase of this Ordinance is severable. If, for any reason, any section, paragraph, clause or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases.
SECTION SIX. CODIFICATION.
This Ordinance shall not be codified in the Emeryville Municipal Code.
SECTION SEVEN. EFFECTIVE DATE AND POSTING.
This Ordinance shall take effect 30 days following its final passage. The City Clerk is directed to cause copies of this Ordinance to be posted or published as required by California Government Code Section 33693.
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Ordinance No. 23-004
Promenade Center Retail/Mixed Use Project (PUD99-1A)
City Council Meeting | December 19, 2023
This Ordinance was INTRODUCED AND FIRST READ by the City Council of the City of Emeryville at a regular meeting held Tuesday, November 21, 2023, and PASSED AND ADOPTED by the City Council of the City of Emeryville at a regular meeting held Tuesday, December 19, 2023, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
ATTACHMENTS
Exhibit A – Conditions of Approval
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C
CONDITIONS OF APPROVAL
Promenade Center Retail/Mixed Use Project
Preliminary Development Plan
Between Park Avenue to the South, San Pablo Avenue to the East, 45th Street to the North, and Joseph Emery Park to the West (APNs 49-1027-039 and 49-1027-038) File Number: PUD99-1A
Exhibit A. Conditions of Approval
September 19, 2000
City Council Resolution No. 00-162
Amended on November 21, 2023
City Council Ordinance No. 23-___
(Changes are denoted by double underline for new language and strikethrough for language deleted.).
I. GENERAL CONDITIONS AND COMPLIANCE WITH APPROVED PLANS A. Final plans submitted for the Building Permit shall substantially conform with architectural drawings by DIAP Architects dated September 2000, comprising sheets Al (color and black & white), Al.l, A2, A3, A4, AS, A9.l, A9.2, A9.3 and A9.4; the architectural drawings by PSM Architects dated September 7, 2000, comprising sheets P.l and P.2 (color and black & white) and lighting detail; the Preliminary Planting Plan by Callander Associates dated September 2000, comprising sheets Ll (color and black & white), L2 (color and black & white), L3 and L4; the Design Development Book by Callander Associates dated September 2000, including the site materials and plant materials; the Plant Materials Board by Callander Associates dated September 12, 2000; the Site Materials Board by Callander Associates dated September 12, 2000; the Residential Esplanade Perspective dated September 2000: the Retail Perspective dated September 2000; the Residential Elevations along Park A venue/45th Street dated September 2000; DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
the Retail/Residential Elevations along San Pablo A venue dated September 2000; all except as hereinafter modified.
B. B. If the Participation Agreement between the applicant and the Emeryville Redevelopment Agency is terminated, the FDPs for the site are void. The applicant shall be responsible for assuring that any successor in interest in the prope11y is informed of the terms and conditions of this zoning approval. The Conditions or' Approval set forth herein apply to the following actions:
1. Amended Final Development Plan (FOP) for the Residential portion of the project (FOP- Residential)
2. Final Development Plan (FDP) for the Retail portion of the project (FDPRetail)
3. Design Review approval for the PDP-Residential and FDP-Retail
4. Approval procedure for future retail tenants
5. Emery Street schematic design
C. The PDP and FDPs for The Promenade Retail/Mixed Use Project includes construction of up to 31,860 square feet of retail space which will be distributed in up to four buildings along San Pablo Avenue and up to 102 residential units.
Exterior building design, parking, landscaping, on and off-site circulation and access for the residential portion and retail portion are all included as pai1 of this action.
D. Construction shall commence within one (l) year following City Council approval and the retail buildings (including Longs Drugstore) shall be substantially completed one year thereafter and the residential buildings shall be substantially completed two years thereafter.
E. Once constructed or installed, all improvements shall be maintained as approved.
Minor changes may be approved by the Planning Director. The applicant and future owners must maintain and periodically replace awnings that have deteriorated or faded in color.
F. Final inspection and a certificate of occupancy, on a building by building basis, shall not be issued until all construction and landscaping is complete and in accordance with the final building permit and improvement plans; including offsite and public improvements, or until cash, a certificate of deposit or a letter of credit, as acceptable to the City Attorney, has been posted to cover all costs of the unfinished work plus 25 percent. Prior to the issuance of a building permit for the residential portion of the project, a phasing plan shall be submitted which shows the residential building construction corresponding to public improvements along Emery Street so that there will be appropriate access for each new building from Emery Street. This phasing plan shall be reviewed and approved by the Public Works Department prior to issuance of an occupancy permit for each residential building. The certificate of occupancy for the first residential building shall not be DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
issued until all of the public improvements are made, including Emery Street, and a certificate of occupancy for the retail portion of the project has been issued.
G. The site shall be well maintained and shall be kept free of litter, debris and weeds.
H. All new on-site electrical service and communication lines shall be placed underground.
I. There shall be no outside storage of any type in parking areas. Those areas shall be kept free of obstruction and available for their designated use at all times.
Boats, trailers, camper tops, inoperable vehicles and the like shall not be parked or stored on the site.
J. The Conditions of Project App;6val set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions, and all public improvements within the right-of-way referred to in Condition IV. A I4lrsuant to Government Code Section 66020(d)(l), the applicant has been provided written notice of a statement of the amount of such fees, and a description of the dedications, reservations and other exactions, as set forth in Exhibit B. The applicant is hereby further notified· that the 90 day approval period in which these fees, dedications, reservations and other exactions may be protested ·will begin, pursuant to Government Code Section 66020(a) upon receipt of such written notice. If the applicant fails to protest within this 90 day period complying with all of the requirements of Section 66020, applicant shall be barred from challenging such exactions.
K. The affordable housing set aside requirements as set forth in EMC Section 9.4.62 shall be fulfilled through a Participation Agreement executed between the Emeryville Redevelopment Agency and the applicant. An Affordability Agreement governing the initial sale and resale of the residential units shall be executed prior to the issuance of a certificate of occupancy.
L. Applicant shall provide a notice in all lease and sales documents to all prospective tenants or future purchasers of residential units, in a form acceptable to the City Attorney for approval prior to the issuance of the first certificate of occupancy, discussing: a) the fact that the current, surrounding CG (General Commercial ) and PUD-Commercial Zoning Districts permit a variety of uses which operate during a broad time of day and evening, thus creating a level of background activity which is greater than that found in a strictly residential neighborhood; b) the existence of nearby uses which have the potential to emit noise at a levels during hours of the day that surrounding persons of average sensibilities might find disturbing; c) the existence of truck traffic, use of machinery and other activities that are potentially disruptive to a residential use; d) the fact that the site has in the past been used for industrial activities and has been subject to technical studies, including a health risk assessment for residential use, which document that the conversion to residential use has met all the requirements and shall DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
identify a location where these studies may be reviewed. As required by environmental regulatory agencies, all lease and sales documents shall include all land use and other restrictions pertaining to the site.
M. Any subdivision map or condominium plan review and approval for the purposes of dividing the residential portion of the property for sales as individual units shall include, as required, legal documentation pertaining to dedication or reservation of group or common open spaces, for the creation of a non-profit homeowner's association, for the long-term maintenance of the landscaped and common areas of the project and for performance bonds, pursuant to Emeryville Municipal Code Section 9-4.85.11 (c)(7). This map or condominium plan shall be filed prior to the issuance of a certificate of occupancy for the residential component. The map/plan and the CCRs for the homeowner's association shall include a condition that residential parking shall not be used for storage in lieu of needed parking.
N. The applicant shall be responsible for assuring that any successor in interest in the property is informed of the terms and conditions of this zoning approval.
O. If the applicant constructs buildings or makes improvements in accordance with these approvals, but fails to comply with any of the conditions of approval or limitations set forth in these Conditions of Approval and does not cure any such failure within a reasonable time after notice from the City, then such failure shall be cause for nonissuance of a certificate of occupancy, revocation or modification of these approvals or any other remedies available to the City.
II. PUBLIC SAFETY
A. Final building permit plans for the residential and retail portions of the project shall incorporate security measures to comply with the Emeryville Police Department standards, including hardware for all doors and windows and security lighting, appropriate directional and address signs, parking lot lighting and access.
These security measures shall be in compliance with the Uniform Building Code as adopted by the City.
B. Prior to the issuance of an occupancy permit for the residential or retail portion of the project, the applicant or his/her designee shall submit a coordinated Site Security and Management Plan to the Emeryville Police Department for review and approval. Such a plan shall include general site security operations for the exterior and interior areas of the store and grounds, particularly during the operating hours between 10 p.m. and 6 a.m., security personnel staffing, training standards and protocols and provisions for coordinating site security personnel with the Emeryville Police Department.
C. Final plans submitted for the building permit for the residential and the retail portions of the project shall address Fire Department standards and incorporate DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
the following Fire Department requirements subject to approval of the fire Department.
1. Install a new water main for firefighting purposes along Emery Street, tied into the existing water mains in 45th Street and Park Street. The size of the main shall be minimum of 8 inches. New fire hydrants shall be spaced 250 feet maximum. Along the east side of Emery Street, fire hydrants shall be located at approximately 250 foot intervals with the final locations as determined by the Fire Department. A total of up to five additional fire hydrants may be required in the retail parking area, on 45th Street and San Pablo A venue with final locations as determined by the Fire Department.
2. For the residential portion of the project, a gate shall be provided at the end of each pedestrian walkway, keyed for Fire Department access. Jhe gates shall be minimum of 4' wide.
3. A clear space for Fire Department access shall be provided corresponding to the configuration of the pedestrian walkways.
4. Landscaped and planted areas in the parking lot area shall be designed to facilitate emergency vehicle access as reviewed and approved by the Fire Department.
5. Fire sprinkler protection shall be required for all residential and retail structures. Approximately eight (8) wet standpipe connections, as approved by the Fire Department, shall be connected to fire sprinklers systems and shall be located at mid-building for all townhome buildings as approved by the Fire Department. The final design of fire sprinkler system shall be dependent upon review of final building permit plans.
IV. ENGINEERING, PUBLIC IMPROVEMENT, TRAFFIC AND CIRCULATION
REQUIREMENTS
A. Prior to any new construction or grading at the site, any conditions and clearances pertaining to the site remediation on the site shall be completed as required by Alameda County or other State or local regulatory agencies. Prior to issuance of any building permit for the site, all clearances shall be received from the appropriate agencies.
Applicant shall comply with all provisions of an approved Risk Management Plan and Health and Safety Plan. The plan should include provisions for monitoring exposure to construction workers and delineated procedures to be undertaken in DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
the event that contamination is identified above action levels and identify emergency procedures and responsible personnel.
B. Prior to the issuance of a building permit for demolition or renovation, a survey of survey of lead based paint (LBP) and asbestos-containing materials (ACMs) shall be completed for the existing building. All identified ACMs must be abated prior demolition/renovations activities. If intact LBP were present at the site, demolition/renovation activities must comply with the State construction lead standard (Title 8, California Code of Regulations, Section 1532.1) C. Final building permit plans, specifications and information shall include detailed improvements to the street frontages of the project, including but not limited to curbs, gutters, sidewalks, storm drains, sanitary sewers, underground utilities, street trees and street lights in conformance with City standards and shall be approved by the Public Works Director/City Engineer prior to the issuance of a building permit. Street and sidewalk improvements shall comply with the Americans with Disability Act and implementing regulations, as well as California accessibility regulations including but not limited to curb cuts and an effective width of at least 4 feet between obstacles (light poles, street signs, pedestrian seating, building frontages, landscaping, curb, etc.).
6. San Pablo Avenue-Public improvement plans shall include curbs, gutters, sidewalk repair and refurbishment, as well as the one driveway curb cut, which shall be consistent with the San Pablo A venue Revitalization Program. Street trees, special paving materials and special lights, pursuant to San Pablo A venue Plan, have already been installed. The driveway which allows two way traffic, shall be installed along San Pablo A venue at the location generally shown on the DIAP drawing, Sheet A2, dated September 2000. This driveway shall be restricted to right in and right out turning movements only.
7. Park Avenue- Detailed public improvement plans shall include but not be limited to the design for the repair and replacement of curbs, gutters, sidewalks, storm drains, and street trees, which conform to the Public Works requirements. One driveway which allows two way traffic, shall be installed at an approximate distance of 76 feet from San Pablo Avene along Park Avenue at the location shown on the DIAP drawing, Sheet A2, dated September 2000. and as approved by the Public Works Director.
8. Emery Street- Detailed public improvement plans shall include but not limited to curbs, gutters, sidewalks, storm drains, and street trees, which conform to the Public Works requirements. Six driveways which all9w two way traffic, and five esplanades shall be installed at the location shows on the DIAP drawing, Sheet A2, dated September 2000. In addition, the Emery Street Right of Way shall be constructed by the DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
applicant at their cost between Park Avenue and 45th Street and shall be a minimum of 44 feet wide from west to east shall include: a landscape strip (3 feet wide); parking (7 feet wide including four parking "pockets" totaling 28 spaces); two 14 foot wide travel lanes that includes Class III bike lanes in both directions (28 feet total); and sidewalk (6 feet). At the discretion of the City Engineer, the six (6) foot wide sidewalk may be reduced at points along the eastern side of Emery Street. Prior to the issuance of a building permit for the project, applicant shall file a final map dedicating Emery Street and shall execute and record a grant deed to the City for Emery Street.
9. 45th Street- Detailed public improvement plans -shall include but not limited to the design for the repair and replacement of curbs, gutters, sidewalks, storm drains, and street trees, which conform to the Public Works requirements. One driveway that allows access to the Longs Drugstore loading dock shall be installed approximately 100 feet from San Pablo A venue, at the general location shows on the DIAP drawing, Sheet A2, dated September 2000 and as approved by the Public Works Director.
10. A site drainage plan and calculations as required, in conformance with City and County stormwater runoff requirements and specifications. The storm drain system on Park Avenue downstream from the project site shall be reconstructed to accommodate the increased flows due to the project site and due to the new Emery Street. Applicant and its contractor shall comply with the City's Stormwater Pollution Prevention standards during construction and operation of the project, which are attached and incorporated into these conditions of approval.
11. Details for providing electrical service to the site including the location and design of a transformer (if above ground and if required) and all connections.
12. An estimate of the cost of all work to be completed within the City's rightofway.
13. Detailed plans for providing elect1ical, gas, telephone and other like utility service to the site, including a review of the existing services to the site and measures or improvements both on and off-site that will be required to adequately service the site.
14. Detailed plans for providing water, stormwater and sewer service to !he site, including a review of the existing services to the site and measures or improvements both on and off-site that will be required to adequately service the site.
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
D. The applicant shall construct all public improvements as outlined in Conditions of Approval IV.C. 1, 2, 3, 4, and 5. As part of this work, where applicable, the applicant shall apply for and receive an encroachment permit for all work and improvements within the City's right-of-way. As required by the Public Works Director/City Engineer, the applicant shall post the required security and provide evidence of liability insurance as part of the encroachment permit process.
V. DESIGN CONDITIONS
A. The colors and materials- for both the residential and retail FDPs shall be set forth in a board for each and shall be submitted for Planning Director approval prior to the issuance of a building permit.
B. The residential windows shall be set back a minimum of 3 inches from the exterior walls. The shutters shall have a minimum depth of 2 inches.
C. The retail buildings on Parcel 2 shall comply with the following:
1. All tenants on Parcel 2 must have glazing and doors facing San Pablo A venue. Tenants located in the end caps of the buildings may have doors on the north/south elevations as an alternative. The plans for each storefront exterior shall be submitted to the Planning Director for approval prior to the issuance of any building permit for tenant improvements.
2. The individual storefronts for tenants on Parcel 2 shall have design elements (wall materials, accents, signage, colors, glazing) that create an individual identity for each storefront. The plans for each storefront exterior shall be submitted to the Planning Director for approval prior to the issuance of any building permit for tenant improvements.
3. Leases with individual retail tenants shall include prohibitions against temporary signs, postings and banners in storefront windows to preclude a cluttered appearance.
D. A height of up to 40 feet shall be permitted on any of the building structures.
E. Exterior lighting for the residential and retail portions of the project shall be set forth in a lighting plan to be submitted to the Planning Director for approval prior to the issuance of a building permit, and shall comply with the following standards and criteria:
1. It shall provide adequate illumination for on-site security and display purposes for the building, parking lots and pedestrian access ways while limiting off-site spillover of light through shielding and directing the light in a downward direction, particularly along San Pablo Avenue, 45th DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
Street, Park Avenue and Emery Street and between the commercial and residential portions of the project.
2. It shall be designed as an integral part of the building facades to highlight building forms and architectural details.
3. It shall include pedestrian scale lighting for walkways and parking areas.
4. Interior lighting for all retail buildings (including Longs Drugstore) shall be coordinated so that interior lights for individual buildings and tenants are on and off at the same time.
F. All mechanical equipment, including electrical and gas meters, heating/air conditioning or ventilation units, radio/tv antennas or satellite dishes shall be appropriately screened from off-site view, and electrical transformers shall be either placed underground or appropriately screened.
G. All trash enclosures shall be completely screened from off-site view by a solid fence or masonry wall at least six feet high and in harmony with the architecture of the building(s). Alternatively, the trash facilities may be placed within the buildings.
H. The trash and solid waste facilities shall incorporate design features for the project which are conducive to collecting and storing recyclables and shall incorporate recycling collection at a designated facility within each building. The design and siting of these facilities shall be subject to the review and approval of the Emeryville Environmental Programs manager prior to the issuance of a building permit.
I. All visible vents, gutters, down spouts, flashings, and the like shall be painted to match the color of adjacent surfaces, or shall be incorporated into the overall exterior color and materials scheme for the building.
J. Prior to the issuance of a building pem1it, applicant shall submit a revised Landscape plan that provides for a metal decorative fence with gates between the residential and retail components of the project for the approval of the Planning Director and Public Works Director. The landscape plan shall include details for tree grate design and decorative paving design and materials. Prior to the issuance of a building permit, applicant shall also submit an irrigation plan for the approval of the Planning Director and Public Works Director.
All landscaping improvements, including the Emery Street landscaped strip, shall be maintained in a healthy, growing condition at all times. The landscaped areas shall be irrigated by an automatic sprinkler system designed to reduce water DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
usage. The applicant shall replace all landscaping that dies with the exact living species, or substitutes approved by the Planning Director.
K. The site and improvements shall be well maintained and kept free from litter, debris, weeds and graffiti. Any graffiti shall be removed within 72 hours of discovery in a manner which retains the existing color and texture of the original wall or fence as more practically feasible. Building materials amendable to graffiti removal shall be used to the extent feasible.
L. Applicant shall submit a Master Sign Program for approval by the-Planning Director prior to the issuance of a building permit in accordance with Emeryville Municipal Code Section 9-4.61.3(e)(3). Applicant shall submit an overall tenant sign handbook, detailing sign requirements, restrictions, dimensions, colors, materials, approval procedures, prohibited signs, a protocol for temporary signs and other specifications for the long-term operations of the sign program for the retail portion of the project. The project is allowed one development sign (indicating developer, architect, contractor, etc.) during construction and shall not exceed twelve (12) square feet.
VI. PROJECT PARKING REQUIREMENTS
A. The parking requirement for the retail component of the project shall be a minimum of 151 spaces, based upon the multi-tenant, commercial shopping center standard in Emeryville Municipal Code Section 9-4.55.S(e).
B. The parking requirement for the residential component is 195 parking spaces, based upon 102 units: 44 of the units having a side-by-side two-car garage; 49 of the units having a private two-car tandem garage; and 9 units having a single car garage.
C. Prior to the filing of a certificate of occupancy, the applicant shall submit the following for Planning Director approval:
5. A reciprocal easement agreement for vehicular and pedestrian access between Parcel 2 and Parcel 3.
6. An easement agreement granting Parcel l pedestrian access to and guest parking on Parcel 2.
7. An easement agreement granting Parcel 1 pedestrian access to Parcel 3.
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
VII. PROCEDURES FOR FUTURE USE APPROVAL FOR THE RETAIL PORTION
OF THE PROJECT
A. The following uses are permitted in the retail portion of the project subject to an administrative approval procedure by the Planning Director as part of the business license review for the City of Emeryville:
- Business and Professional Support
- Financial Services
- Personal Services
- Professional Services
- Retail Sales (excluding food related uses and alcoholic beverage sales) - Commercial Recreation – Indoor Sports and Recreation
- Any listed use with operating hours no earlier than 6:00 AM or later than 10:00 PM.
B. The following uses are permitted in the retail portion of the project upon completion of an administrative review procedure by the Emeryville Planning Director or his/her designee.
- Food and Beverage Retail Sales - excluding alcoholic beverages except as set forth in Section VII.C.5. below
- Eating and Drinking Establishments: Convenience - Full Service and drivethru windows
- Convenience Sales and Services - excluding retail alcoholic beverage sales except as set forth in Section VII.C.5. below
- Any noise generating commercial use with hours of operation earlier than 6:00 a.m. and later than 10:00 p.m.
C. In addition to the standard zoning compliance review, the following additional performance standards and review criteria shall be applied, as applicable, as set forth below:
8. Review and written verification shall be provided to confirm that parking loading, trash and utility areas have been designed and designated to, account for the needs of the proposed use without interfering with the parking, access living areas of the residential uses and other existing commercial use.
9. Review and written verification shall be provided to confirm that the total number of required parking spaces falls within the parking capacity of the retail portion of the project.
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
10. No sales of merchandise or services, nor any business activity related to any retail or commercial space shall take place outside of the building without prior approval by the City.
11. For food related uses such as cafes, delicatessens, restaurants and similar activities, the following standards and conditions shall apply:
a) Appropriate provisions have been made for trash disposal and recycling, following the provisions of the California Uniform Retail Food Facilities Law (Health and Safety Code Sections 37500 et seq.) As reviewed by the Planning Department or other designated City Staff.
b) Adequate ventilation, filtration and odor control systems shall be installed for any commercial hoods, along with submittal of provisions for maintenance and inspection of such a system should odor complaints be received.
5. The retail sale of alcoholic beverages shall require Planning Commission approval unless all of the following requirements are met to the satisfaction of the Planning Director.
a) Compliance with the performance standards and review criteria set forth above in this Section VII.C.
b) The sale of alcoholic beverages is ancillary to the primary retail sale undertaken at the use.
c) No beer, malt liquor or other malt beverage products shall be sold in less than a 4-pack or 6-pack quantities are prepackaged by the manufacturer.
d) No wine products shall be sold with an alcoholic beverage content greater than 15% alcohol by volume.
e) No wine products shall be sold in containers less than 500 milliliters, except for wine coolers in 4-packs.
f) No distilled spirit products shall be sold in containers less than 375 milliliters, except for containers containing pre-mixed cocktails, which may not be smaller than 200 milliliters.
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
Nothing in this provision shall preclude the Planning Director from seeking Planning Commission approval if deemed appropriate.
E. For those uses where all the performance standards cannot be met or the results of the review criteria indicate the use may result in a potential adverse impact, the Planning Director shall forward the application on to the Planning Commission for review and consideration pursuant to EMC Section 9-4.87.
VIII. CONSTRUCTION PROVISIONS
A. Prior to issuance of a building permit, a construction phasing and management plan for both the residential and retail portions of the project shall be submitted for review and approval by the City Engineer and Planning Director. The plan shall include the scheduling of construction traffic periods, restriction and limitations on using certain local streets for construction traffic, proposed truck deli very and haul routes, parking arrangements for construction personnel, and proposed on site staring and equipment/ material storage areas. This plan shall include but not be limited to the following items and requirements:
1. Unless the express p1ior written permission of the Planning and Public Works Departments is secured allowing different construction hours, construction hours shall be limited to 7:00 a.m. to 6:00 p.m., Monday through Friday. Pile driving is further limited to 8:00 a.m. to 5:00 p.m. If additional hours are permitted, such construction activities during additional times shall be limited to non-noise generating activity.
2. Defined construction staging areas and main ingress and egress routes for construction equipment and materials and construction worker parking areas. There shall be no vehicle parking or material storage on San Pablo A venue or45th Street without authorization, through an encroachment permit process as provided by the City.
3. A temporary construction fence to contain debris and mate1ial and secure the site.
4. A set of comprehensive traffic control measures including specific construction truck haul and access routes, a schedule of deliveries to avoid peak hours and procedures for lane enclosures and detours such as signs, cones and other warning devices, as well as flagger stations and notification procedures for public safety personnel.
5. Dust control measures to minimize air quality impacts including:
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C Promenade Center Retail/Mixed Use Project
PUD99-1A: Exhibit A. Conditions of Approval
November 21, 2023
a. Water all active construction areas as necessary to control impacts. b. Watering or covering stockpiles of debris, soil, or other materials that can be blown by the wind.
c. Cover all trucks hauling soil, sand, or other loose materials or require all trucks to maintain at least two feet of freeboard. d. Sweep adjacent public rights of way and streets daily if visible soil material and debris is carried onto these areas.
(Required Mitigation Measure: Prior to the issuance of a building permit for the project, the Planning Director and Public Works Director shall review and approve the Construction Management Plan, and the Building Inspector shall monitor that the requirements of the plan are being met.)
6. At all times, a sign with the name and phone number of a contact person with the authority to control construction activity on the site, together with the name and phone number of the contractor, shall be posted on each side of the site in a location facing a street where the information can be easily read. The sign is to state the approved hours of construction.
DocuSign Envelope ID: 2CFFFBD9-1D1F-45CA-9754-7419762F4E2C