01337.0024/846578.12 C-2-1
EXHIBIT C-2
BRICKYARD COVE ROADWAY REHABILITATION AND TRANSFER PLAN AND
NEIGHBORHOOD MITIGATION REQUIREMENTS
I. BRICKYARD COVE ROADWAY REHABILITATION AND TRANSFER PLAN A. Background
Ferry Point was the original site of significant marine operations in the Richmond Area – ferry service began in 1900 and with a rail connection constructed through a tunnel, it became the western terminus of Santa Fe Railroads. The area became Richmond’s initial port terminal with a wharf and warehousing. Significant manufacturing was introduced with the operation of the Brickyard Kiln with the manufactured bricks barged from Ferry Point to San Francisco for the rebuilding of San Francisco after the 1906 earthquake. These operations continued until the 1960s when the manufacturing was succeeded by residential development.
Richmond’s greatest growth came during the second world war when the four marine terminals, including Terminal 1, were developed, and operated by Kaiser Steel. Port operations declined after the war and Terminal 1 closed in the late 1980s.
The Brickyard Cove neighborhood located east of the project site includes marinas and residential developments established in the 1970s, 1980s, and 1990s. These developments include Brickyard Landing, which comprises condominium complex buildings and private recreation facilities, and Seacliff Estates, a single family residential subdivision, Waterline a condominium complex as well as single-family homes along South Mallard Drive, Sandpiper Spit, and Sanderling Island (largely constructed of engineered fill and concrete pilings, and/or supported on platforms over water).
These projects took access through the single access point through the Ferry Point Tunnel to Ferry Point which was a dead-end road. The Subdivision Agreement approved in 1968 provided for the extension of Brickyard Cove Road (“BYC Road”) to serve the projects as a private roadway.
B. Pending New Development
In addition to the Terminal 1184-unit project at Ferry Point, there are severa l other development projects which will access the roadway system: PG&E site (94 units) and Quarry (79 units). These projects may involve significant grading activities, and truck traffic during the period of construction.
Besides needing to pay import fees and for roadway improvements these projects are likely to degrade the existing roadway as described below. If the street rehabilitation work were performed before the projects were constructed, the roadways would need subsequent repair. Accordingly, it would be reasonable to collect fees from the early developer (s) and require the last developer to perform the work.
C. Current Condition of Roadway and Needed Rehabilitation The Subdivision Agreement for the area in November 15, 1968 contemplated that BYC Road would become public when it was connected to Canal Boulevard to allow traffic circulation; and though this happened in 1996, the City acceptance did not happen and in the intervening years, the road condition has deteriorated and does not meet current City standards. The City Engineer believes that the current
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roadway serves a traffic index of approximately 3.5. The City’s Streetlight database suggests an average annual daily traffic flow along BYC Road of about 1000 vehicles with 3% being large trucks.
The projects of Terminal 1 and Tract 9604 (PG&E Site), could increase those figures by XX %. The design life of the roadway should be 20 years requiring a TI factor of 6.1, but with projected growth, a more reasonable fact or would be a TI of 6.5. This would add about half an inch of asphalt or an additional 100 tons of asphalt in the deficient sections.
The suggestion of a deficient roadway structural section is confirmed by the presence of distress in the pavement. The geotechnical report (July 18, 2019) showed that pavement distress appeared within 6 years of the last maintenance treatment by the private owners . It does not appear that the roadway was built to a reasonable standard to ensure a design life of at least 20 ye ars. The addition of two more development projects (and a third, the Quarry Project), will hasten the deterioration of the roadway, and the additional construction traffic involving an estimated _____ heavy trucks due to transporting construction and gradi ng materials will impose impacts requiring mitigation . It is therefore recommended that a reconstruction of the roadway be undertaken as many of these trips will have to come the long way avoiding the Ferry Tunnel. However, this reconstruction condition may not prevail in the whole length of BYC Road.
There has been some suggestion that the roadway was put down over a limited military era base and that there will need to be additional effort required to manage the subgrade due to the preexisting conditions and the soil conditions . There is therefore a need for some additional investigation and testing including over the length of BYC Road to determine the overall work program. The investigation programs shall be paid for 1/3 each by Developer, City , and HOA. This will occur as development plans are refined.
In any event, the City Engineer based on current information recommends a program that includes reconstruction of BYC Road to meet City Standards so that it will have a 20 year design life; that this recommendation is caused in large part by the heavy truck construction traffic originating from the projects; and finally that the phasing of the work should be performed so that the reconstruction occurs in the last phase of construction, for both projects. An arrangement might be necessary where developers pay in lieu fees instead of performing the actual work if the phasing will not work out satisfactorily due to the developments’ staging.
The City Engineer will work with both projects (Terminal 1, PG&E and the Quarry Project as to that section of the roadway) as well as residents to develop the construction phasing plan, recognizing concerns that there might be excessive roadway deterioration, and the need to maintain neighborhood access throughout the construction process. A resident Coordinating Committee shall be established for this purpose, as established elsewhere herein.
D. City Standards for Reconstruction Project and City Acceptance It is expressly understood that these Projects will be responsible for the damage that they cause to the BYC Road surfaces due to their construction activities, and in this case due to the road deterioration, the reconstruction of BYC Road is required . This includes not only the full frontages along the projects, but also the extended areas which will be degraded by the construction activity . The City will not allow BYC Road to be rehabilitated until all developments are complete, although the degraded condition of the Roadway in the interim will need to be considered in the phasing plan. City acceptance of the private sections of BYC Road will require the following unless otherwise approved by the City Engineer:
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1. All curb ramps shall be upgraded to curren t standards as illustrated in Caltrans Standard Plan A88A.
2. The City will define the location for repair to curbs and gutters.
3. All record monuments shall be located within the project area. These shall be protected in accordance with the Business & Professions Code §8771; Streets & Highways §732 & §732.5, §1492.5, §1810.5; and Penal Code §605.
4. The traffic index for this roadway shall be 6.5 . Therefore, the pavement section per the geotechnical report should be 4 inches of asphalt concrete over 6 inches of Class II aggregate base.
5. As described in the geotechnical report, the subgrade shall be scarified and recompacted to a depth of 12 inches upon removal of the pavement section . Should unstable subgrade be present, the applicant shall either cement treat to a depth of 12 inches or over excavate, place Class II, and install a geogrid.
6. The Project shall coordinate with public utilities such as PG&E, EBMUD, AT&T, and Comcast to determine if they have any capital improvements within the project area.
7. The Project shall review the storm drain and sanitary sewer videos within the project area to confirm if Veolia needs to upgrade pipelines. .
8. Traffic shall be allowed through the work zone at all times.
9. The cross section on sheet C-3 does not match the plans on sheet C-4. The lane width shall be 11 feet.
10. The Project shall install flexible delineators separating the bicycle and vehicle lanes.
11. The Project shall evaluate modifying the west leg of the crosswalk at Brickyard Way to determine if it can be aligned to be perpendicular. If determined feasible, the Project shall be responsible for making such changes to the crosswalk.
12. The Project shall adjust to grade all utilities within the paved area.
13. The roadway is posted at 25 mph but City will review traffic-calming measures.
E. Brickyard Roadway Plan: Financing and Transfer
Developer agrees to participate with City in the development of a Brickyard Roadway Plan (“BRP”) which will meet the criteria herein and will include cost estimates, financing, phasing participation by responsible developers, and acceptance of dedication by City. The BRP shall be developed to incorporate the following elements:
1. Roadway Condition. Analysis by City of roadway condi tion and costs to reconstruct roadway to meet City standards. A report (the “Report”) to be prepared by the City Engineer by May 2023 and will be shared with Coordinating Committee. The Report shall include a cost estimate for the option of adding a traffic circle on Brickyard Cove Road. City Engineer has reviewed the Plans submitted August 10, 2022 and finds (i) more review of roadway condition required; (ii) need assessment of entire length; and (iii) need to assess responsibilities. The preliminary cost estimate is $600-700k.
2. Schedule. A schedule shall be developed for phasing of construction so that improvements are installed after completion of the projects requiring access to
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Brickyard Cove Road so any new roadway improvements will not be damaged by later construction. The Report must also consider the survivability of the road surfaced due to the construction activity (roadway must be useable by residents). Map showing sections to be analyzed (Dornan, BYC, Yacht Club, West, East). Sections and current ownership will be shown in ALDA, Exhibit C . BYR Plan needs to cover all these areas.
3. Developer Obligations.
(a) Developer obligations for adjacent projects shall include, at a minimum:
(i) pay 100% of cost for the section of Brickyard Cove Road immediately adjacent to Project;
(ii) pay required Traffic Impact Fees;
(iii) repair any improvements damaged by its construction activity to meet City standards; and
(iv) participate in an integrated program for the whole roadway on fair share principles.
(b) Developer may perform the improvement as a part of its Project unless City determines that subsequent projects will deteriorate any improvements installed, in which case Developer will pay an in -lieu fee equivalent to its share. The improvements shall include paving, curb/gutter, s idewalks, lighting, and structures within the street (sewer, storm water, etc.), and landscaping and repair of any landscaping damaged in any way by construction traffic.
4. Funding. Based on the Report and included in the Report shall be a funding plan (“Funding Plan”).
(a) The Funding Plan shall include these elements:
(i) estimated cost based on when construction will occur; and (ii) provide sufficient funding sources.
(b) All potential funding from developers of benefitted parcels; (c) BYC Community (BYCHOA 1& 2, Brickyard Landing, Seacliff, Boardwalk Marina) will fund $250,000 for all costs and liabilities related to both private sections of B rickyard Cove Road based on an allocation of costs mutually agreed to by BYC Community and payable at the time the work is commenced; (d) This agreement in (c) above is expressly conditioned upon the approval of each of the entities identified therein; and
(e) Remainder from City.
5. Parkway Maintenance. HOAs shall be responsible for maintenance of irrigation and landscaping in parkway areas adjacent to their property and the street, but not the park or the Bay Trail.
6. City Acceptance - BYC Road. City shall accept dedication of the righ t of way as a public street upon the first to occur : approval of all entitlements for the Project and
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expiration of challenge periods (the “Acceptance Date”) or five (5) years from Project Approvals (Project Approvals are final Council action on discretion ary approvals).
Additionally, if the improvements are not made by Developer, they shall be made by City within five (5) years of Project Approvals. The City may do it sooner if funding is obtained earlier.
7. Additional Commitments. City shall make best efforts (i) to include a traffic circle on Brickyard Cove Road, (ii) connection between Dornan and Brickyard Cove Road will narrow but meet City standards, (iii) Subject to HOA-1 approval the guard shack and cobblestones may remain for traffic calming, but maintenance of guard shack will be HOA-1 responsibility and City will grant license for maintenance. Best efforts will not require excess financial obligations of City.
8. Miscellaneous.
(a) The issue of improving B rickyard Cove Road and having City accept as a public street has been unresolved for a considerable time and the foregoing BRP would resolve the issue , but it remains an agreement between City and Terminal 1.
(b) City will bring the matter back to City Council for affirmation and commitment to community.
(c) Upon acceptance by City, with respect to private portions of Brickyard Cove Road , City shall be responsible for all claims and liabilities arising from usage of the public right-of-way incurred after the date of acceptance.
II. NEIGHBORHOOD MITIGATION REQUIREMENTS
A. Economic Issues
The economic analysis by Econ Land Group (“LEG”), concluded that the prior high -density project was not feasible in contrast to the current Project. The analysis has been published on the City’s website for the Project and is a vailable to the public. The City has further requested that LEG work with Developer to release a proforma which shall give the public a fair understanding of project economics – general projected price range estimates of residential units and costs of shall be included.
B. Traffic
1. Emergency Access Plan. An emergency ingress/egress plan by emergency vehicles and the public to apply during construction shall be required for the affected communities (Brickyard Landing, Brickyard Cove #1, Brickyard Cove #2, Sea Cliff, Waterline, Richmond Yacht Club, Terminal One (Latitude), as a condition of approval of the Project and included in the Mitigation Measures. As it is understood that various factors currently impact such ingress/egress, such as rail operations, the City shall be involved with the development of the plan and shall provide a long -range focus so that (i) it will operate for the benefit of all the BYC Communities, and (ii) shall apply as future projects develop..
2. Traffic Management. A traffic management plan addressing trucking of fill, construction equipment and materials, to and from the Project and other concurrently developing sites, to include:
(a) number of trips, per day and per hour;
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(b) construction traffic, truck routes, including trucking of materials; (c) dust control measures; and
(d) measures for cleaning of streets, parking lots, boats, structures, and residences within 48 hours of notice.
Additionally, a complaint hotline to Developer shall be established and included with the Mitigation Measures which shall require Developer to make a written record of complaints and the response taken. The record shall be available for public inspection.
3. Signage. Signage shall be posted to prohibit overnight parking on Brickyard Cove Road.
C. Housing Development
1. House Siting. House siting should achieve the following: (i) other than perimeter units, 3rd floor should not occupy more than 80% of 2nd floor of 50% of the stack of 64 units in central area which shall run in a north-south direction; (ii) if approved by the Yacht Club, the roof deck option will be eliminated for the four 3 -story buildings starting from the northeast corner of the perimeter adjacent to the Yacht Club ; (iii) all other east, southeast and south frontage (perimeter houses) shall be 2 and 3 stories (as depicted in Attachment 1 attached as Exhibit B) . It is intended that the foregoing restrictions remain in effect for the Alternative Plan C2 below recognizing that the Plan will be revised through the design process (see Schedule in Exhibit C-1).
2. Alternative Plan . Developer shall develop alternative plan (“Alternative Plan”) whereby the Wharf is eliminated, JADU units made regular single -family units, and site plan modified to provide better view corridors and up to 10% of the units are eliminated. With the conversion of the JADU units, reduction in 3 rd Floor area, and the reduction of units by 10%, there will be an as yet unclear impact on project economics. Developer is open to these ideas but intends that the total saleable square footage will not be more than 10% less than for the prior considered project. This is still being assessed. This plan will provi de significantly enhanced parking including guest parking. Developer and City will utilize best efforts to assure that the Alternative Plan is developed dependent on obtaining permits to eliminate the wharf within an entitlement time frame which does not u nreasonably delay the Project. Developer, within 60 days, shall assess (i) likelihood of obtaining permits, (ii) time frame and delay, (iii) net cost of removing wharf vs. reconstruction, and (iv) impacts on Project.
If Developer elects not to proceed with alternative Project, City may revert the Property.
3. Review. The Project has been remanded back to the DRB and PC for full review and public participation. It is intended that this process be completed within six (6) months. However, given the period involv ed in seeking approvals to remove the wharf, it is contemplated that the initial period to determine viability will be 90 days and then 18 months for processing. City will grant a one-year extension, if necessary.
4. Design Standards. The provisions of Section 4.7.1 of the LDA shall continue to apply to the design of the Project and shall be applied by the DRB. BCARD will provide up three architects/designers to meet with Developer regarding compliance with these Design Standards prior to anything being submitted to DRB.
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D. Housing Occupancy
No short-term rentals shall be permitted in the Project. Additionally, the Project CC&Rs shall contain provisions limiting rentals to no more than 25% of the units at a time, similar to the Seacliff Project.
This shall be included in the ALDA.
E. Remediation
Significant remediation needs to be performed on the Project site. Developer commits to: (i) complete environmental characterization of the site as required by the RWQCB (actual reports on RWQCB’s geotracker site) and provide the report concurrently to the BCARD; and (ii) fund up to $50,000 to pay for an independent environmental remediation consultant (s) retained by BCARD to provide comments to RWQCB on behalf of BCARD concerning the carrying out of the remediation work .
Invoices shall be sent to Developer and paid within 30 days.
F. CEQA
.City will reevaluate for the Project if all significant and cumulative impacts for projects in the area have been identified, assessed, and mitigated in accordance with California law . This w ill be presented to the Planning Commission as a part of the CEQA review process and thereafter to the City Council. Nothing herein waives the rights of the citizens to challenge the environmental findings.
G. Miscellaneous
1. Retaining Wall. The design, locatio n, and aesthetics of the retaining wall and fence along the project and the Yacht Club’s common property line shall be agreed by the Yacht Club and the Developer working together in good faith. Provided Developer gets all agency permits, Developer will pay for or reimburse the cost of the retaining wall and fence which shall be built, at a minimum, to the standards in accordance with the Yacht Club’s Conditional Use Permit for West Lot. If no agreement is reached regarding the aesthetics/de sign/location of the fence and/or retaining wall, the Developer shall honor all provisions of the BCARD settlement agreement regarding the fence and wall.
2. Special Tax. Except as expressly provided herein, Cove residents shall not be charged with any spec ial tax, assessment or other cost allocation to pay for construction or maintenance of any park, wharf, Terminal 1 landscaping, or lighting, or any Terminal One Bay Trail section along all sides of Terminal One property including the north section on BCR west of Yacht Club to Dornan Drive.