Planning Commission Staff Report 2013-07-18

7/28/2019 Planning Commission Staff Report 2013-07-18

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V.B.

EMERYVILLE PLANNING COMMISSION

STAFF REPORT

Agenda Date: July 25, 2013Report Date: July 18, 2013

TO: Planning Commission

FROM: Planning and Building DepartmentMiroo Desai, Senior Planner

SUBJECT: Emeryville Center of Community Life (ECCL)(UPDR12-001)

PROJECT West Side of San Pablo Avenue between 47 th and 53 rd Streets LOCATION: (APN: 13-1182-5-3, -8-4, and 23-4; 49-1181-1; 49-1182-15-8)

APPLICANTS/ Emery Unified School District/Roy Miller OWNERS: 4727 San Pablo Avenue

Emeryville, CA 94608

City of Emeryville/Cindy Montero4321 Salem StreetEmeryville, CA 94608

PROJECT A Use Permit and Design Review Permit to redevelop the Emery SecondaryDESCRIPTION: School site to accommodate a 129,805 square foot multi-story, multi-use

facility on a site of about 7.6 acres on the block bounded by San PabloAvenue on the east, 47 th Street on the south, 53 rd Street on the north, and Emery Bay Village on the west. The proposal will co-locate theelementary and secondary schools and accommodate the Cityscommunity services and recreation programs. The proposal also includes aConditional Use Permit for height over 30 feet and a Tree Removal Permitto remove 20 existing street trees along 47 th Street.

GENERALPLANDESIGNATION: Public/Neighborhood Retail Overlay

ZONING Public (P)/Pedestrian Priority Overlay Zone (PP)/ Neighborhood RetailDISTRICT: Overlay Zone (NR)


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Planning Commission Staff ReportEmeryville Center of Community LifeJuly 25, 2013Page 2

MAXIMUM 30 feet (can be increased to 55 feet with a Conditional Use Permit and the HEIGHT: provision of public benefits)

BUILDING 1.2 (can be increased to 1.6 with a Conditional Use Permit and theINTENSITY (FAR): provision of public benefits)

ENVIRONMENTAL Initial Study/Mitigated Negative Declaration published by Emery Unified STATUS: School District as the lead agency. The City of Emeryville is a responsible

agency.

APPLICABLE Section 9-3.306 P Public ZonePLANNING Section 9-3.404 NR Neighborhood Retail Overlay ZoneREGULATIONS: Section 9-3.407 PP Pedestrian Priority Overlay Zone

Section 9-4.201 Building Intensity Regulations Section 9-4.202 Height RegulationsSection 9-4.401 Parking and Loading RegulationsSection 9-4.501 Landscaping and ScreeningSection 9-7.401 Design ReviewSection 9-7.501 Conditional Use Permits

RECOMMENDED 1. To open the public hearing and take testimony regarding theCOMMISSION proposed project. .ACTION: 2. To close the public hearing and consider the staff report and

Resolutions.3. To adopt the Mitigated Negative Declaration for the project.4. To approve the project, including the use permit, design review,

and tree removal permit, subject to the Conditions of Approvalattached as Exhibit A.

BACKGROUND

For several years the City, School District, and Emeryville community, through the Educationand Youth Services Advisory Committee and its successor, Partners for Community Life, have

been planning for a new multi-purpose multi-generational facility called the Center of Community Life. A number of alternative sites and programs have been considered, finallysettling on a new complex to be built on the Secondary School site on San Pablo Avenue

between 47 th and 53 rd Streets.

The Emeryville Center of Community Life (ECCL) project is included in the current City of Emeryville Capital Improvement Program and will address the lack of indoor and outdoor recreational facilities within the community. The project will allow the City to develop a

permanent facility for Community Services programs, which are currently housed in temporary


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modular buildings, and will allow the Emery Unified School District (EUSD) to build a new pre-kindergarten through 12 th grade school campus.

A program plan for the project was developed in 2003. In 2007 the School Board authorized theissuance of a Request for Proposals for architectural design services for program refinement of the 2003 program plan, conceptual design schemes and cost estimates for the project. Anarchitect selection committee was formed to review the proposals and select a finalist. Thecommittee through consensus chose Field Paoli Architects who were authorized to commencework in April 2008.

Field Paoli generated four alternative plans which were presented to the City/Schools Committeeand the Partners for Community Life. Upon further review including finance and budget review,a decision was made regarding a particular scheme that included 180,000 square feet of buildingspace and retention of the existing gymnasium and swimming pool. This proposal was reviewed

by the Planning Commission at a study session in October 2009. That proposal for a Master Planfor ECCL was then approved by the City Council, and the School Board hired Nexus Partners todesign and build the project. Nexus Partners orchestrated a series of community meetings thatresulted in conceptual designs that were reviewed by the Planning Commission at study sessionson April 26, 2012 and November 19, 2012.

PROJECT SITE AND SURROUNDINGS

The 7.7 acre project site located at 4727 San Pablo Avenue and bounded by 53 rd Street on thenorth and 47 th Street to the south is owned by the Emery Unified School District. As of October 2012, the existing uses on-site were relocated to allow for project construction. In addition to theEmery Secondary School, other existing uses that were relocated included DistrictAdministration offices, YMCA Headstart Emeryville Marina and the Emery Unified WellnessProgram.

A variety of uses surround the project site. Fifty-Third Street, a two-lane road, lies north of thesite and serves as the Oakland/Emeryville boundary. North of 53rd Street is a residentialneighborhood with single- and multi-family homes. Emery Bay Village, a two-story residential,112-unit single family and duplex condominium development, is located immediately west of the

project site. Industrial and commercial uses, Interstate 80 (I-80), and the San Francisco Bay arelocated farther west. Forty-seventh Street, a two-lane street, is located immediately south of the

project site. The majority of the southern 47th Street frontage is occupied by the AC TransitEmeryville Division Transportation Building and bus parking lot. Institutional, commercial and industrial uses are located further south. San Pablo Avenue, a four-lane State highway (StateHighway 123), bounds the eastern property line. Commercial and institutional uses includingEscuela Bilinge Internacional school are located along San Pablo Avenue, and residential usesin Emeryville and Oakland are located to the east.


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PROJECT PROPOSAL

The proposed project includes demolition of the majority of buildings located on the existing site(Emery Secondary School) and construction of the new Emeryville Center of Community Life(ECCL), a joint use project by the District and the City. The proposal will co-locate theelementary and secondary schools and accommodate the Citys adult and youth services

programs. The ECCL would house K-12 students and include several community uses.Structures would include four new buildings and the existing gymnasium and swimming poolwill be renovated. Building A, a one-story structure at the corner of San Pablo Avenue and 53 rd Street, would accommodate community multi-purpose space; Building B, a two story structurelocated along the San Pablo Avenue frontage, would house the District and the CitysCommunity Services offices on the first level and a school-based health clinic on the second floor; Building C, a three story structure located in the interior of the site to the west of BuildingB, would accommodate K-8 classrooms and school multi-use space; Building D, a two storystructure at the corner of San Pablo Avenue and 47 th Street, will have a library, a caf, and schoolscience and art laboratory space with classrooms for 9-12 grades on the second level. Building Ewould be the renovated gymnasium in the southwest portion of the campus along 47 th Street.(Please see Pages A0.03 and A1.01 of attached plans for Rendered Perspective and SitePlan). The proposal also includes renovation and modification to the existing sport fields,running track, playgrounds and basketball courts.

The existing outdoor recreation facilities, including swimming pool, would be renovated and modified. A new Community Commons/K-5 play area would be located between Buildings B,C, and D, and a new staff parking lot would be located along 47 th Street between Building D and E. The site facilities will be used during the day, evening, and weekends with the center expected to operate daily from 7:00 a.m. to 9:00 p.m. year around with the highest usage during the schoolyear (September to June).

Phasing:

The construction of the ECCL project is proposed in two phases. This application is for Phase Ionly and the scope of Phase I is described above. Phase II includes construction of 52,466 squarefeet of additional space to accommodate a school gymnasium, a teaching theater and additionalclassroom space as well as parking. A starting date for Phase II has not yet been identified.Subsequent Planning Commission approval will be required before the District can begin work on Phase II.

Operating Characteristics and Circulation:

The campus will be operated jointly by the Emery Unified School District and the City of Emeryville. A separate Memorandum of Understanding (MOU) that outlines responsibilities and

precise uses of space will be negotiated between the two entities.


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While it is anticipated that there would be approximately 780 students at the ECCL facility onceit is completed, the Phase I school structures would be built to accommodate a maximum of 900students and 90 teachers and staff. During school hours (approximately 8:00 a.m. to 4:00 p.m.weekdays), public access to the portions of the project site used by the K-12 grade studentswould be limited through the use of architectural features such as grade separations, walls,fencing, gates, building placement and locked doors dependent on classroom loading conditions.

During school hours, the school functions will occur in dedicated areas of the facility where public access will be restricted. In addition, within the dedicated school area, the designdelineates specific zones for separating elementary, middle and high school age students.Different buildings will be operated in the following way. Please see the Site Plan on SheetA1.01 of the attached plans for building locations and Sheet A0.03 for a birds eye view of thecampus.

(1) Building A (Community Multi-Purpose Room) . This one-story structure would beapproximately 5,900 square feet and would be available exclusively for community use at alltimes.

(2) Building B (Administrative and Community Services Building). The approximately 13,200-square-foot administrative building would be located along the San Pablo Avenue frontage, and would contain District and community services space. This building will include District and community services offices and conference rooms, as well as a storage room, break room,health/dental clinic, senior lounge, game room and a family resource center. An overhead walkway would connect this building to the high school classroom structure, which would alsofront on San Pablo Avenue.

(3) Building C (School Multi-Purpose/K-8 Grade Building). The school multi-purpose and K-8grade classroom space would be housed in an approximately 53,300-square-foot three-storystructure located on the interior of the project site, west of the Community Commons. It isanticipated that this building would have approximately 22 classrooms, learning centers, ascience center, a music room, and additional support and administrative areas.

(4) Building D (Library/9-12 Grade Classrooms/Science and Art Lab Building). This is a twostory, approximately 26,600 square feet building that would accommodate a caf and school and community library on the ground floor, fronting on San Pablo Avenue. The square footage of the

library is approximately 5,400 square feet. During non-school operating hours, the public would have access to the entire library offerings. During school hours (approximately 8:00 a.m. to 4:00

p.m.), it is expected that the public would have access to limited spaces such as the cafe.However, the public would have access to a variety of library services in a community livingroom including public-access computers, mobile collections, casual seating, and small meetingfacilities adjoining the cafe with spill-out seating into the Library Plaza.


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This building would include nine classrooms for students in grades 9 to 12 grade. In addition,there will be two science lab classrooms and administration space that would total approximately8,700 square feet.

(5) Building E (Gymnasium). The existing gymnasium currently located on the project site,which fronts on 47th Street, would remain but would be renovated. Renovations would includeconstruction of girls and boys locker rooms on the eastern side of the gymnasium, adance/aerobics area, and community locker rooms constructed on the western side. In total, thistwo-story structure would be approximately 30,740 square feet in size.

Outdoor Sports and Recreation Features. As part of the project, the existing sports field would be reconfigured and resurfaced with artificial turf. This improvement would allow for the field to be used for football, soccer, baseball, and other uses. Existing and proposed uses of the sportsfield are shown in Tables 4 and 5 of the attached Draft Initial Study/Mitigated NegativeDeclaration (pages 27-28). Additionally, a track, spectator bleachers, night lighting and publicaddress (PA) system would be installed. Netting would be installed on the north side of the field to prevent stray balls from entering 53rd Street. One full basketball court would be located immediately east of the gymnasium. Elementary school play areas would also be installed on the

project site. Active play areas would be located to the east and west of the K-8 school multi- purpose room. A learning garden and pre-bell recreation area would be located north of the K-8Building. A 9-12 grade social space would be located east of the basketball courts.

Attachment 1 shows Site Use diagrams and operational diagrams. It also includes a detailed breakdown of sharing of facilities by the District, City and third parties under three conditions:when the school is in session during weekdays, when the school is not in session, and duringweekends.

Circulation and Parking

Two student drop-off zones would be provided on the project site: K-8 grade drop-off and passenger loading would be provided along the entire length of the school site on 53rd Street.Parking would be allowed in this space during non-drop-off/pick-up hours. A raised-turnaround island would be installed mid-block on 53rd Street to facilitate cars turning around to access theschool drop-off zone. A 9-12 grade drop-off area would be provided on 47th Street. Parking on47th Street would be restriped to provide 90-degree pull-in parking. Approximately 65 on-street

parking spaces would be provided on 47th Street. A parking lot would be located on the southside of the project site. This lot would include approximately 28 parking spaces. (See SheetsA1.01 and C3.0)

In addition to two school entries, there will be three for public use: two along San Pablo Avenue providing access to the Community Multi-Purpose Room (Building A) and to the library/cafarea (Building D) and one along 47 th Street where residents would be able to access theswimming pool and the gymnasium. (See Attachment 1, Site Use Diagram).


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Design and Landscaping :

As Sheet A1.01 shows the building massing is concentrated along the 47 th and San Pablofrontages and an open space configuration is maintained along 53rd Street and the boundary withEmery Bay Village similar to the currently existing conditions. With the exception of thegymnasium and the swimming pool, all existing buildings will be demolished. Four new

buildings (Buildings A, B, C, D) encircle a Community Commons area that is envisioned to beopen to the community during non-school hours. This courtyard space, which will include bothturf and hardscape, will provide an outside gathering place and will serve as the focal point of the

project.

A student terrace is provided on the north side of the high school classrooms on the second floor of the high school building. This space will be approximately 9,000 square feet and will providea student gathering place securely separated from the K-5 play area in the Community Commons

below. Elevated walkways will be incorporated into the project to facilitate movement between buildings. Elevated walkways would be located between the administrative and Library buildings. (See Sheets A0.08 and A0.09 for renderings of the Community Commons).

New landscaping would be installed along 47th and 53rd Streets and throughout the interior of the project site. Landscaping would include trees, shrubs, as well as turf areas. (See Sheets L2.00and L2.01). There are currently 14 trees on the project site; 6 redwood trees in the northwest and northeast corners of the project site would be retained and all other trees would be removed. Thelandscape of the project, both hardscape and softscape, will be connected to the academic and recreational-sports program and specific age-user groups. The athletic field comprises themajority of the sites open space and will be a multi-use sports field surfaced with artificial turf.

Tree Removal: Twenty existing street trees along 47 th Street will be removed as part of the project. (See Sheet L0.02). The project includes 35 new trees including 16 on 53 rd Street, 7 onSan Pablo Avenue and 12 on 47 th Street (See Sheet L2.01). Conditions Of Approval require theapplicant to pay the replacement value of trees to be removed in addition to planting of replacement trees.

Sidewalk Widths: Sidewalks between 8 and 14 feet in width would be provided on 47th Street,with wider sidewalks adjacent to the drop-off/pick-up area. Sidewalks on San Pablo Avenuewould be increased from approximately 10 feet to 15 feet. On 53rd Street, sidewalks would beincreased from 5 feet to 6 feet, with additional sidewalk width adjacent to the main entrance.

Architecture style: The applicant conducted eight community workshops to solicit designcomments. The community was shown images of architectural styles and patterns and was asked to vote their preferences. This process is documented at the website: www.emeryvillecenter.org .The buildings are modern in style using painted plaster as the main building material. Other materials include wood for canopies and exterior soffits and anodized aluminum shades and windows and doors. See Sheet A0.02 for color and material board. School entrances on the north


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and south are distinguished with large canopies and public entrances on San Pablo Avenue havesmaller canopy entries. See Sheets A0.03 to A0.08 for rendered perspectives and Sheets A3.01 toA3.03 for rendered elevations. The prevailing building height along San Pablo Avenue is 30 feetup to a maximum of 48 feet toward the interior of the site. See Sheet A3.11 for site sections.

CONFORMITY TO GENERAL PLAN

The Emeryville Center of Community Life is an integral part of the General Plan and isreferenced throughout the General Plan. For instance, Guiding Principle #7, entitled A diverse,

balanced, and inclusive community, states in part The General Plan embraces physical, social,and economic diversity, and strengthens the community with facilities and programs such as theCenter of Community Life

Further, Policy PP-P-17 stipulates that The City will support the development of the EmeryvilleCenter of Community Life.

The Land Use Diagram classifies the ECCL site for Public use, which is described as: Avariety of public and quasi-public uses, including government offices; fire and police facilities;schools; community services; transit stations and ancillary facilities. The ECCL Project isconsistent with this description.

The Parks, Open Space and Public Services diagram (Figure 4-1) designates the ECCL site for School District Joint Use and Public Facility, and specifically labels it ECCL & EmerySecondary School.

Other General Plan goals (G) and policies (P) that are particularly germane, and with which theECCL Project is consistent, include:

PP-G-8 A safe, nurturing and enriching environmentAn environment in which childrenand youth can flourish and become contributing members of society. The

foundation of this vision is a strong and active partnership among the City,School District, and all segments of the community, so that powerful learning

from the earliest years is a citywide experience and responsibility.

PP-G-10 Vibrancy and diversityExpanded arts, cultural and recreation programs that celebrate a vibrant diverse community.

PP-P-15 A strong relationship and communication between City and Emery Unified School District will be maintained.

PP-P-16 The City will continue to partner with Emery Unified School District to optimizethe joint-use of school facilities for community use.


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PP-P-18 Student engagement and learning will be facilitated through expanded programsand activities.

PP-P-19 A diversity of lifestyles, ages, and income-levels will be accommodated through zoning and community facilities and programming.

PP-P-20 The growing senior citizen community will be supported by providing appropriatecultural, recreational and assistance programs and services.

In addition, the ECCL Project is consistent with numerous other goals (G) and policies (P) of theGeneral Plan, including:

LU-G-1 An overall balance of usesEmployment, residential, cultural, destination and local retailas well as a full range of amenities and services necessary tosupport a vibrant community.

T-P-11 Sidewalks shall be provided on both sides of all streets; pedestrian connectionsbetween new and existing development is required.

T-P-15 Walking will be encouraged through building design and ensure that automobile parking facilities are designed to facilitate convenient pedestrian access withinthe parking area and between nearby buildings and adjacent sidewalks. Primary

pedestrian entries to nonresidential buildings should be from the sidewalk, not from parking facilities.

T-P-24 Safe, secure, and convenient short- and long-term bicycle parking shall be provided near destinations for all users, including commuters, residents,shoppers, students, and other bicycle travelers.

T-P-52 Flexible parking standards are encouraged that reflect calculated parkingdemand for proposed land uses and that allow for appropriate offsets to reduce

parking demand and encourage walking, bicycling, carpooling, and transit use.

PP-P-7 An east-west greenway located generally along the path of Temescal Creek willbe created. This will include water features to celebrate the creek and improvements to the riparian corridor, where feasible, while maintaining existingdrainage capabilities.

PP-P-10 Efficient use of open space will be achieved through techniques such as rooftop play courts and gardens, joint use of sports and recreation facilities at schools,co-location of parks with child care facilities, and possible use of underground

parking below new plazas and parks.


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PP-P-14 Efforts by Emery Unified School District and childcare service providers toestablish, maintain, and improve educational facilities and services will besupported. Encourage a range of child care facilities, including family day carehomes, public and private centers, preschool programs, and before and after school programs.

UD-P-1 The City shall strive to accentuate activity and presence at the street level, particularly along pedestrian-oriented corridors and in residential areas.

UD-P-2 Parks and open space is required with new development, consistent with Figure4-1 in the Parks, Open Space, Public Facilities and Services chapter.

UD-P-18 The San Pablo Avenue Urban Design Plan will continue to be used to improvelandscaping, and streetscape design and guide development in the San PabloCorridor district.

UD-P-24 The City shall establish Pedestrian Priority Zones in Regional and neighborhood centers, around schools, parks, and in other locations as indicated in Figure 5-3.While wider sidewalks, street lighting, bulbed crosswalks, and other pedestrianamenities should be employed throughout the city, they are prioritized in theselocations.

UD-P-46 Street trees shall be provided on City streets where feasible. Street trees shall be planted in a row along the curb, between the vehicle roadway and sidewalk,unless this is physically impossible due to constraints such as underground water or sewer lines.

UD-P-47 Streetscape landscaping shall follow Bay-Friendly Landscaping guidelines and serve the dual purpose of treating stormwater runoff and providing shade and beauty to the urban realm.

UD-P-57 The Emeryville Center of Community Life building program shall be oriented along 53rd Street to complement and provide access to the greenway and Temescal Creek.

UD-P-65 Buildings should be designed with ground level windows and building entriesalong the street.

UD-P-71 Developments adjacent to neighborhood centers, parks or plazas should create anintegrated and memorable relationship of architecture and open space. Orient

primary building facades and entries to these spaces and maximize visual interest.


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UD-P-72 Public space and plazas for gathering and expanded ground-floor retail activitiesare encouraged. These elements enhance the pedestrian realm and provideopportunities for social interaction.

CSN-P-10 New development is required to incorporate source control, site design, and storm water treatment to reduce pollutants in stormwater runoff.

CSN-P-11 Exterior uses of water for landscaping and other purposes shall be reduced tominimize or eliminate runoff and water waste.

CSN-P-33 In order to reduce light pollution and use less energy, lighting (including onstreets, recreational facilities, and in parking areas) should be designed to

prevent artificial lighting from illuminating natural resources or adjacent residential neighborhoods.

CSN-P-44 The City will continue to require development projects to implement on-sitestormwater management measures through the Citys development permit

process.

ST-P-5 The City shall encourage, promote, practice, and where feasible, require Bay-Friendly landscaping practices as defined in the Bay-Friendly LandscapeGuidelines, Sustainable Practices for Landscape Professionals.

The Project has been designed to comply with these goals and policies.

The subject Proposal represents Phase I of the ECCL Project. Although the Phase I Project doesnot include a mid-block pedestrian and bicycle path between 47 th and 53 rd Streets, as called for inthe General Plan, there is nothing about the Project that would preclude such a path from beingconstructed in the future as part of Phase II. Therefore, the lack of this path, in and of itself, doesnot make the Project inconsistent with the General Plan.

The General Plan designation of Neighborhood Centers, Green Streets, and Pedestrian PriorityZones are implemented through the citywide Emeryville Design Guidelines. To the extentfeasible, the Project complies with these guidelines. Where strict compliance with the guidelineshas not been achieved, the intent of the guidelines has been met. Therefore, the Project isconsistent with the General Plan provisions for Neighborhood Centers, Green Streets, and Pedestrian Priority Zones. (See further discussion below under Conformity to DesignGuidelines.)

The General Plan also references the San Pablo Avenue Urban Design Plan to improvelandscaping, and streetscape design and guide development in the San Pablo Corridor district.The Project is consistent with this plan and its design guidelines.


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CONFORMITY TO PLANNING REGULATIONS

Zoning Districts and Use:

The zoning of the site is the Public (P) base zone with the Neighborhood Retail (NR) overlayzone along the San Pablo Avenue frontage and the Pedestrian Priority overlay zone along the47 th Street, San Pablo Avenue, and 53 rd Street frontages.

The proposed educational use is classified as Schools, while the community use is classified asCommunity Assembly (large). Both uses require a conditional use permit in the Public zone. Allother uses on the site, including the proposed library, health clinic and public recreationalfacilities are considered accessory to the principal uses of School and Community Assembly(large). In order to grant the conditional use permit for the principal uses of School and Community Assembly (large), the Planning Commission must make the following findings asrequired by Section 9-7.505 of the Planning Regulations. Staff believes that these findings can bemade as discussed below and in the attached Resolution:

(a) The proposed use is consistent with the General Plan.

See above discussion of General Plan conformity.

(b) The location, size, coverage, density, design and operating characteristics of the proposed use will be compatible with, and will not adversely affect, the surrounding area, includingneighborhood character, street design and capacity, safety, noise, and lighting.

The location, size, coverage, density, design and operating characteristics of the ECCLProject are as envisioned in the General Plan, and are compatible with the surroundingarea. As detailed in the Initial Study/Mitigated Negative Declaration, the Project, asmitigated, will not adversely affect neighborhood character, street design and capacity,safety, noise, or lighting.

(c) The proposed use is consistent with the capability of the water supply, wastewater disposal, fire, and police systems to operate adequately and cost effectively.

As detailed in the Initial Study/Mitigated Negative Declaration, the Project, as mitigated,is consistent with the capability of the water supply, wastewater disposal, fire, and policesystems to operate adequately and cost effectively.

(d) The proposed use at its proposed location will provide a service or facility that willcontribute to the general well-being of the surrounding neighborhood or community.

The Emeryville Center of Community Life will implement a community vision for collocated school and community facilities that has been planned for the past 10 years.


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As such, it will provide a safe, nurturing and enriching environment in which childrenand youth can flourish and become contributing members of society, as well asrecreational, social, cultural and wellness facilities serving community members of allages.

(e) The proposed use complies with all applicable standards and requirements of thesePlanning Regulations.

The proposed use complies with the Planning Regulations, as further discussed below.

The NR and PP overlay zones do not modify the regulations for the Schools and CommunityAssembly (large) uses in the P base zone. Therefore, no additional findings are required by theseoverlay zones. The effect of these overlay zones is to invoke the applicable provisions of theEmeryville Design Guidelines for the Neighborhood Retail Overlay and Neighborhood Centers,and Pedestrian Priority Zones. (See discussion below under Conformity to Design Guidelines.)

Floor Area Ratio (FAR):

The Floor Area Ratio for the site is 1.2, and can be increased to a bonus FAR of 1.6 with aconditional use permit and the provision of specified public benefits. The proposed FAR for the

project in Phase I is 0.39 (129,805 square feet of building area/327,000 square feet of site area).The project therefore meets the permitted FAR allowed by right.

Height:

The site falls within the 30 foot height district that can be increased to a bonus height of 55 feetwith a conditional use permit and the provision of specified public benefits. The proposed heights of the buildings in the facility vary between 30 feet to a maximum height of 48 feet 6inches with average building height of 32 feet. The project, therefore, requires a conditional use

permit for the proposed bonus height of 486. Per Section 9-4.204(b)(1), bonus points needed for the proposed height is 74 points (Bonus Amount/Bonus Increment x 100 or 18.5/25 x 100).

Table 9-4.204(c) lists the public benefits that qualify for bonus points. While the project may provide some of these public benefits to varying degrees, staff feels that the most applicable provision is item (19) of the table, the Flexible Public Benefit. This provision allows thePlanning Commission to determine the number of points to grant for the proposed public

benefit for a currently undefined public benefit that is significant and substantially beyond normal requirements. The project requires bonus points only for height. Staff recommends thatthe Planning Commission grant 74 points based on the Flexible Public Benefit, as the project

provides a variety of public benefits including a new city library, a new community multi- purpose building, Community Commons, a new community wellness center and renovated gymnasium and swimming facilities. Staff believes that these benefits are unique and significantenough for the Commission to grant 74 points.


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Parking and Bicycle and Pedestrian Improvements:

Automobile Parking - Section 9-4.404 outlines parking requirements to reflect the expected peak parking demands for various uses, and projects are allowed the flexibility to provide 33 percentless parking than the peak demand and are allowed to provide up to 10 percent more than the

peak demand. Section 9-4.404(a) stipulates that when two or more principal uses are located onthe same lot, the estimated parking demand shall be on the sum of the estimated demand of thevarious individual uses computed separately. As noted above, the project includes two principaluses: School and Community Assembly (large). The estimated parking requirements for thesetwo uses are set forth below:

Land Use Rate Number/SquareFootage

Exclude1,500 sq. ft. c

Requirement

School a 0.08 spaces per student

910 n/a 73

CommunityAssembly b

10 spaces per 1,000square feet of indoor assembly area

3,680 sq. ft. 2,180 sq. ft. 22

Total 9533% less than demand 6310% more than demand 105

a Parking requirement for school includes all classroom area, teacher/school administrator areas (7,784 sq. ft.) schoolassembly areas, including studios (5,400 sq. ft. ) and school district multi-purpose area (6,058 sq. ft), gym (10,500

sq. ft.) b Reflects 3,680 square foot community services multi-purpose room.c Section 9-4.404 requires excluding the first 1.500 sq. ft. of each use for parking calculation

Other uses such as the proposed library, health clinic and public recreational facilities areconsidered accessory to the principal uses of School and Community Assembly, and are notrequired to provide off-street parking. Therefore the projects estimated parking demand is 95spaces; the project is required to provide a minimum of 63 or a maximum of 105 spaces.

The proposal includes 28 on-site parking spaces and therefore requires a Conditional Use Permitfor reduced parking pursuant to Section 9-4.404(g)(1). In order to approve a use permit for reduced parking the Commission has to make the following findings: (a) that adequate measuresare put in place to reduce parking demand, and (b) that reduction of the required parking spaceswill not result in parking impacts on adjacent uses due to overflow parking.

Staff believes that these findings can be made. The Initial Study/Mitigated Negative Declaration(IS/MND) prepared for the project analyzes the projects actual parking demand by examiningopportunities for shared parking during different times of day and availability of street parking.The IS/MND recommends a number of measures that have been included as Conditions of


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Approval. These include provision of a Transportation Demand Management Plan (TDM), a parking management plan, and employee trip reduction program. (See Conditions of ApprovalVI. A2-A6, VI.B2, and VI.C1-C.4).

Bicycle Parking The Planning Regulations require 1 short-term and 1 long-term bicycle parking space for every 10 required automobile parking spaces. These calculate to 6 to 11 longterm bicycle parking spaces and 6 to 11 short term parking spaces. The project provides 98

bicycle parking spaces at five different locations. Short term locations are on 47 th Street, and inthe Community Plaza. Long-term locations lie within the school campus, one near high schoolclassrooms and one near K-9 classrooms. Condition of Approval VI.A1 requires provision of anequal number of short-term and long-term spaces, i.e. 49 spaces for each type.

Bicycle Boulevard Fifty-Third Street is a designated as a bicycle boulevard. The CitysBicycle and Pedestrian Plan stipulates that bicycle boulevards should meet Level 2 treatmentsat a minimum. These include identification and way finding signs, shared lane markings and directional markings for bicyclists and crossing improvements at major streets that include cross-walks and median islands. Conditions of Approval IV.A.1 (c and e) call for reconstruction of curbs at the intersection of 53 rd Street and San Pablo Avenue, installation of bike boulevard stencils and signage on 53 rd Street, and high level cross walks on 53 rd Street.

Pedestrian Improvements The project Conditions of Approval VI.A.7 require the applicant toinstall improvements consistent with the Citys Bicycle and Pedestrian Plan. These include

pedestrian push buttons and audible detectors for all crosswalk at the 53 rd Street and San PabloAvenue intersection; and pedestrian countdown heads and audible detectors for each pedestriancrosswalk at the San Pablo Avenue and 47 th Street intersection.

Open Space:

Planning Regulations require all new, non-residential projects over 100,000 square feet in floor area to provide common open space and/or Privately Owned Public Open Space that totals atleast 5 per cent of the gross floor area. This calculates to 6,490 square feet for the project. The

project includes a Community Plaza, a library court and Community Commons that totalabout 26,500 square feet. This does not include other outdoor activity areas such as the learninggarden, 9-12 grade social space, or sports fields. Thus, the project easily meets the PlanningRegulations requirements for open space.

Recycling and Trash:

Planning Regulations require an adequate, dedicated storage and collection area that is screened and easily accessible. The project has designated service enclosure area with a rolling gate near 47 th Street that provides waste, recycling and compost bins. (See Sheets A1.01 and A1.06).


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CONFORMITY TO DESIGN GUIDELINES

General:

The project generally complies with the Citys Design Guidelines by providing the following:undergrounding utility boxes (Guideline A-8); adequate, Bay-Friendly street landscaping(Guidelines A-11 to A-15); screening loading areas (Guideline B-4), visually open pedestrianentries (Guideline B-7), using permeable paving (B-9), locating bicycle parking near entrances(B-10); siting buildings and plazas with seating that encourage interaction between occupantsand passerbys (Guideline C-2); concealing mechanical equipment (Guideline C-6); a variation inheight and massing (Guideline D-3); a variation in roof levels and use of awnings and canopies(Guideline E-6); including operable windows and allow natural ventilation (Guideline E-7),creating a well-defined corner by providing a small plaza on 53 rd Street and San Pablo Avenue(Guideline E-10); visible public entrances with overhangs and plazas and creating buildingentries with entry plazas (Guidelines E-12 and E-13); using window design and proportions toadd architectural interest (Guideline F-3); devising color palette that reinforces building identity(Guideline F-13); providing clear, non-reflective glazing (Guideline F-15); public open spaces inform of a library court, Community Commons and Community Plaza that are located along the eastern side, are accessible from the street, and provide seating within Bay-Friendlylandscaped area (Guidelines G-18, 20, 22 and 23); and signage that is architectural compatiblewith the building design, legible and readily visible (Guidelines H-1, H-3 and H-4).

Area Specific:

The project site falls within the Neighborhood Retail Overlay (San Pablo Avenue frontage),contains Green Streets (47 th and 53 rd Street); and is within the Pedestrian Priority zone (SanPablo Avenue, 47 th and 53 rd Street frontages). The Design Guidelines stipulate that, where morethan one of these designations applies, if there are inconsistencies between them they shall be

prioritized in the following order: (1) Neighborhood Centers, (2) Green Streets, and (3)Pedestrian Priority. Thus San Pablo Avenue would be subject to the provisions for Neighborhood Centers and 47 th and 53 rd Streets would be subject to the provisions for Green Streets. For

provisions without inconsistencies, all applicable provisions would apply.

Neighborhood Retail Overlay and Neighborhood Centers Design Guidelines The projectcomplies with Guidelines I-5 and I-7 by providing attractive and well landscaped entries and settings to the buildings along San Pablo Avenue and designing the ground floor space withactive uses such as a caf, community multi-purpose space and offices that serve the localcommunity. Guideline I-8 sets a 15 feet minimum sidewalk width (curb to building face) with a3 foot building entry/public space, an 8 foot pedestrian pathway, and 4-foot landscaping/Streetfurniture along the curb. The proposed sidewalk width along San Pablo Avenue is 16 feet 1 inchfrom curb to building wall with 3-foot landscaping strips (flow-through planters) along the

building wall, a 7-foot 8-inch pedestrian pathway and a line of existing street trees and streetlighting (5 feet 5 inches including tree grates). (See diagram 5 on Sheet L-3.01.) Between the


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street trees, the pedestrian pathway is 13 feet 1 inch wide from back-of-curb to the flow-through planters next to the building. Thus, the San Pablo Avenue frontage generally complies with theDesign Guidelines for Neighborhood Centers.

Greenway and Green Street Streets Guidelines Forty-Seventh and Fifty-Third Streets aregreen streets and the project complies with Guidelines I-19 and I-21 by providing well-designed entries for the high school along 47 th Street and for the K-9 school along 53 rd Street,and employing Bay-Friendly trees and landscaping.

Guideline I-23 sets a minimum 15-foot sidewalk corridor that includes a 2-foot buildingentry/public space, an 8-foot Pedestrian pathway, and a 5-foot landscaping/street furniture space.In addition, Guideline I-26 states that Temescal Creek (flowing in a culvert under 53 rd Street)should be represented with a creek feature at the surface. The project does not meet these twoguidelines. The Planning Regulations state that when strict compliance with the provisions of such design guidelines or criteria is not achieved, the applicant must convincingly demonstratethat the intent of the guidelines is met.

Along 53 rd Street, the project provides a 9 foot sidewalk corridor (3 foot planting strip and a 6foot pedestrian pathway) and does not include a creek feature because of site constraints. (Seedrawings 1, 2, and 3 on Sheet L-3.01.) A number of options for how to accomplish a faux creekalong 53rd street were explored by the applicant. This included exposing the creek, diverting siterunoff, and diverting street runoff to create the spirit or character of a creek along the sidewalk.However, early in the design process it was found that exposing the creek was not feasible due tothe extreme impact on usable project site area. Subsequent studies found that diverting siteand/or street runoff were also not feasible due to the limitations of the existing grades and curbelevations along 53 rd Street. The existing curb along 53rd Street slopes from east to west at anapproximate slope of 1.7 percent, which results in a 10 foot grade differential along the northern

boundary of the site. This is directly adjacent to the sports field which must be held relatively flatto facilitate its use for school athletics. Consequently, the field is approximately 6 feet higher than the back of sidewalk at the northwest corner of the site. Given this condition, thelandscaped area between the field and the back of sidewalk must be utilized for grade transition.Adding water collection and pumping stations were also explored to provide an artificial water flow and creek like affect. This was also not feasible due to the cost of water collection in astorage basin, the costs of installing and managing a pump and the concerns for maintaining the

pumping system. In lieu of a faux creek, the following is proposed: the planting of trees and filtration plants that are native and drought tolerant; bioswales and bioretention that enhancestorm water capture and landscape berms that imply the flow of Temescal Creek along thesidewalk; no toxic pesticides or inorganic fertilizer are to be used; the supporting soil structurewill be permeable to allow storm water infiltration into the soil and into Temescal Creek; and shade trees will be planted along 53rd Street to reduce the urban heat island effect and cool theopen spaces for public use.


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Along 47 th Street, for the first 150 feet west of San Pablo Avenue, adjacent to Building D (grades9-12 classrooms), the sidewalk area is 25.5 feet wide, with a 5-foot planning strip, a 14.5-foot

pedestrian pathway, and a 6-foot building/entry space (flow-through planter), which exceeds theguidelines for a Green Street. (See drawing 4 on Sheet L-3.01.) Further west along 47 th Street,the cross section varies due to the configuration of the on-street parking. The pedestrian pathwayvaries from 8 to 15 feet; in no place is it less than the 8 foot width called for by the designguidelines, but in most locations there is not enough room for the 2-foot building/entry spaceand/or planting strip called for in the guidelines. It should be noted that the project architectshave redesigned the 47 th Street layout by eliminating the four parallel parking spaces at the westend next to the swimming pool/gym in order to widen the sidewalk to 15 feet. The parking on thesouth side of 47 th Street has been reconfigured to replace this parking, which actually results inan increase of 11 parking spaces.

Pedestrian Priority Zone Guidelines : The project meets Guidelines I-15 and I-16 by providingconsistent street tree species, employing Bay-Friendly landscaping, curb bulb out intersections,active ground floor uses such as a caf, library and community multi-purpose space.

Guideline I-15 sets a 12-foot minimum sidewalk width for Pedestrian Priority Zones with an 8-foot pedestrian pathway and a 4-foot planting strip. However, as noted above, these sidewalk guidelines are superseded by the guidelines for Green Streets along 47 th and 53 rd Street, and bythe guidelines for the Neighborhood Retail Overlay and Neighborhood Centers along San PabloAvenue.

Given the site constraints for the ECCL program, staff feels that the project designers have madea good faith effort to comply with the design guidelines to the greatest extent feasible, and that,where strict compliance with the provisions of the guidelines have not been achieved, they haveconvincingly demonstrated that the intent of the guidelines is met.

STORMWATER REQUIREMENTS

The project is subject to the C.3 requirements of the Citys National Pollution DischargeElimination System (NPDES) Stormwater Permit. The Stormwater plans showing compliancewith C.3 requirements are included as Sheets C1.0-C1.5; C2.0; and C3.0. Condition of ApprovalVIII details the stormwater compliance requirements.

ENVIRONMENTAL REVIEW

An Initial Study/Mitigated Negative Declaration (IS/MND) was prepared for the project by theEmery Unified School District as lead agency under the requirements of the CaliforniaEnvironmental Quality Act (CEQA), and a Notice of Intent to Adopt a Mitigated NegativeDeclaration was circulated for public review on June 11, 2013. The deadline for comments wasJuly 11, 2013.


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Two comment letters were received, one from the City of Emeryville requesting a modificationto Mitigation Measure AES-1 concerning sports field lighting, and one from 27 communitycommenters with a total of 28 comments on 18 different topical areas. The comment letters, and response to comments memoranda prepared by LSA, the environmental consultant, for consideration by the School Board and Planning Commission, are attached.

The Emery Unified School District Board of Trustees, as the lead agency, certified the IS/MNDon July 15, with certain modifications to the mitigation measures as requested by the City and the Community Commenters. These modifications are summarized in the attached memo fromLSA, and are incorporated into the Mitigation Monitoring and Reporting Program (MMRP),which is attached and incorporated by reference into the Conditions of Approval.

As a responsible agency under CEQA, the City of Emeryville Planning Commission must consider the environmental documents prepared by the lead agency and reach its own conclusions regardingthe projects compliance with CEQA based on the Planning Commissions independent judgmentand analysis. After considering the entire record, including all of the CEQA documentation and all

public comments and other information received, the Planning Commission finds that the Projectas mitigated by the mitigation measures contained in the Mitigated Negative Declaration will nothave a significant effect on the environment, the Commission must adopt the IS/MND prepared bythe School District prior to approving the project.

The IS/MND identified impacts in the following areas that are potentially significant unlessmitigated:

Aesthetics Air Quality Biological Resources Cultural Resources Geology and Soils Hazards and Hazardous Materials Hydrology and Water Quality Noise Utilities and Service Systems

Mitigation measures to reduce these impacts to less than significant levels are also identified inthe IS/MND. The applicant has reviewed these mitigation measures and agreed to incorporatethem into the project. The Mitigation Monitoring and Reporting Program, listing all themitigation measures as revised by the School Board when they certified the IS/MND, is attached and incorporated by reference into the Conditions of Approval. The IS/MND has also identified a number of recommendations under its Transportation section. These recommendations have

been included as Conditions of Approval as well. A resolution certifying the Mitigated NegativeDeclaration is attached.


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PLANNING COMMISSION STUDY SESSION COMMENTS AND APPLICANTRESPONSE

The Planning Commission considered this project at a study session on April 26, 2012, followed by a second study session on November 19, 2012. The staff report for the November 2012 studysession outlined the Commissions comments made at the April 2012 study session followed bythe applicants response.

Outlined below are the comments made by the Commission at the November 2012 study sessionfollowed by a discussion as to whether these have been addressed in the current plans.

(1) The Commission felt the need to improve building treatment at the 53 rd Street and SanPablo Avenue corner.

The applicant has revised the building treatment for Building A (Community Multi-Use Room) by adding glazing on the northern and eastern elevation, using different color painted plaster and adding metal wall-mounted signage. (See Sheets A0.04, A3.02, and A3.04).

(2) The Commission felt a need for a distinguishing architectural feature that identified theuse of the buildings; a need for wider overhangs; and the need for the San Pablo Avenueelevation to read as the front of house.

The applicant has refined design details for all the buildings and has differentiated building use by adding storefront glazing on buildings that will be used by the community,i.e. library and community multi-use room as well as through wall mounted metal signage.

In addition, the design includes large canopies to mark the school entrances at 47 th and 53 rd Streets. The San Pablo Avenue elevation has been improved through the use of color schemes and more dominant public entrances to the Community Plaza and librarycourtyard. (See Sheets A0.05, A3.01, A3.02, and A3.05)

(3) The Commission expressed concern about the adequacy of usable and functional openspace for students.

The open spaces for students have remained unchanged.

(4) The Commission expressed a concern regarding potential conflicts between pedestriansand vehicular traffic.

The IS/MND prepared for the project analyzed this issue and outlined recommendationsthat would address these concerns through measures for managing traffic flow,

pedestrian improvements and a parking management plan . These have been included asConditions of Approval VI.A.5 to VI.A.8.


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(5) The Commission felt the need to include a bicycle-pedestrian path along the western property line identified in the General Plan.

The application is only for Phase I of the project and the bicycle-pedestrian path is not included as part of the project at this time. However, the design does not preclude the

path from being constructed in the future as part of Phase II of the project.

BICYCLE/PEDESTRIAN ADVISORY SUBCOMMITTEE (BPAC) COMMENTS

The BPAC considered this project first at their June 3, 2013 meeting. The Subcommittee postponed the item to their July 1 meeting to allow time to conduct a site visit. The site visitoccurred on June 25. At the July 1 meeting, the BPAC considered the issues of bicycle parking,the pedestrian and bicycle path between 47 th and 53 rd Streets, auto parking on 53 rd Street, and Green Streets/Pedestrian Priority Zones.

Bicycle Parking: BPAC stated that they wanted to retain their June 3 vote of requesting 100 longterm bike parking spaces and 22 short term bike parking spaces. If the project were to have only98 spaces, as was proposed on the plans of July 1, BPAC suggested dividing the spaces into 76long term and 22 short term. BPAC members also commented that bike parking should belocated in highly visible areas, that secured bike parking should be available to students, thathorizontal racks are more user-friendly than vertical racks, and that charging for electric bicyclesshould be provided. (The most recent plans now show 124 bike parking spaces, including 24secure bike parking spaces for the grade K-8 age group, 30 secure bike parking spaces for thegrade 9-12 age group, 10 secure bike lockers for faculty and staff, and 60 short-term spaces in

bike racks at both the community entry areas off of San Pablo, in front of the 9-12 school entryand at the gym.)

Pedestrian and Bicycle Path: BPAC voted that the track and pool deck should be built in Phase Ito accommodate the path, preferably at 12 feet wide, with a minimum of 8 feet wide. They alsostated that they would like input from the California Athletic Association as to whether achanged track size and configuration would be regulation and/or would allow times recorded there to count.

Auto Parking on 53 rd Street: BPAC members commented that parking along 53 rd should beremoved to allow for a wider sidewalk so children can more easily walk to school.

Green Streets/Pedestrian Priority Zones: BPAC members commented that 53 rd Street should bea proper Green Street and Pedestrian Priority Zone.

It was also noted that the ECCL team had provided late notice on the absence of the path, and that it should have come to BPAC earlier to work with the committee. Further, it was noted that


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funding for the path in Phase II would be uncertain since the City has no financial obligations for

Phase II, and the School District will need additional access to Measure J funds.

COMMUNITY OUTREACH

The applicant has conducted 13 public workshops to solicit community input regarding programming and design. In addition, they have created a website ( www.emeryvillecenter.org )that provides all the workshop presentations and other information materials.

STAFF COMMENTS

The project was reviewed at the March 14, 2012 and October 31, 2012 Development

Coordinating Committee (DCC) meetings. Comments made were included in the November 2012 study session staff report. DCC reviewed the project again at the June 12, 2013 meeting toidentify Conditions of Approval for the project. These are attached to the staff report.

RECOMMENDATION

After hearing a presentation from the applicant and receiving public testimony, Staff recommends that the Planning Commission certify the Initial Study/Mitigated NegativeDeclaration, and then approve the project subject to the attached Conditions of Approval.

Attachments:

1. Site Use Diagram and Space Use Spreadsheets2. Arborist Report

Draft Resolution Adopting Mitigated Negative Declaration Initial Study/Mitigated Negative Declaration * Comment Letters from City of Emeryville and 27 Community Commenters and

Response to Comments Memoranda Summary of Modifications to Mitigation Measures in Response to Comments

Draft Resolution Approving ECCL Project Exhibit A, Conditions of Approval

- Mitigation Monitoring and Reporting Program- Construction Sign Prototype- Stormwater Pollution Prevention and Source Control Measures

ECCL Plans

* Planning Commissioner packets only. Others may access the IS/MND at www.emeryvillecenter.org . The IS/MNDTechnical Appendices are also available at the same website.


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April 24, 2013

RENOVATEDGYM

9-12SOCIAL SPACE

ATHLETICFIELDS

LEARNINGGARDENS

6-8 PLAYAREA

(PHYS-ED)

HARDCOURT

PARKING LOT 9-12

K-8

COM(K-5 R

K-8 PLAY AREA(PRE-BELL)

POOL

9-12ENTRY

AR

SCHOOLMULTI-USE

9-OCIAL SPACE

HARDCOURT

ARKIN L T

Site Use Diagram Sc


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April 24, 2013

Secure Access Points Operat

CAFGYM

9-12SOCIAL

ATHLETICFIELDS

LEARNINGGARDENS

PLAYAREA

HARDCOURT

9-12ADMIN

K-8ADMIN

COMMONS

K-8 TERRACE(PRE-BELL)

ART

SCHOOLMULTI-USE

K-8ENTRY

9-12

ENTRY

PARKING LOTLIBRARY

COMMUNITYPLAZA

POOL ( N )

L O C K E R S

LEVEL 1

FENCE LINE (SECURE)

BUILDING OUTLINE

SHARED USE(scheduled and staffed)

SECURE GATES(closed during school hours)

SECURE GATES(open during school hours)

PUBLIC ENTRY

SCHOOL ENTRY

LIB.COURT


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November 2, 2012

Emery Unified School DistrictAttn: Roy Miller, District Architect4727 San Pablo Ave.Emeryville, CA 94608

Mr. Miller,

Per your request, we have prepared the following Tree Inventory Report and Tree

Inventory Plan for the proposed site improvements at the Emeryville Center forCommunity Life property located at 1100 47 th Avenue in Emeryville, California.

Per the current Site Plan, Sheet 1.11 , dated October 16, 2012, a number of existingtrees, namely street trees along the northern edge of 47 th Street, and a few interior treeswill require removal. We have prepared the following report evaluating the health of eachtree on the property and along the streets, potential impacts that may be placed on eachtree, and recommended tree protection measures. Our work included the following:

1. Identification and documentation of all existing trees located on theexisting Emery High School Site (14); and all existing street trees (17

along San Pablo Avenue; 13 along 47th

Street). Documented treesmeasured a minimum of 4 in diameter 4 feet above grade.

2. Numerical identification, tagged on-site and on the Tree Inventory Plan, foreach tree. Trees were tagged on the north side of the trunk between 4 feet to 6 feet above grade where feasible.

3. Approximate dripline locations for each tree.

4. Evaluation of the health and structure of each tree.

5. Preparation of a Tree Inventory Plan.

Attachment 2


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ECCL Tree Inventory Report2 November 2012

INSDEOUT DESIGN

Arborist Services2

SITE SUMMARY

The Proposed Site Improvements involves a substantial renovation of the schoolgrounds. Most of trees located on the campus (14), will require removal. The six existing

redwoods (all rated as good or excellent) are deemed to be preserved. The existingstreet trees along San Pablo Avenue may all be preserved. Proposed siteimprovements along 47 th show a realigned curb and gutter, and revised vehicular accessand parking near the center of the street. This would require the removal of three (3)existing street trees. Additional street trees along 47 th Street are recommended forremoval due to poor health/structure see tree table below. If removed, these treeswould be replaced with a healthier species (to be reviewed and approved by the City of Emeryville).

Recommended tree protection guidelines are listed for all trees to remain.

The purpose of this report is to document the existing trees and assess potential impactsthat may be placed on each tree. Per the City of Emeryvilles Urban Forestry Ordinance,it is unlawful to remove any existing street trees without a valid encroachment permit. Aspart of the City submittal, this report and Tree Inventory Plan should be accompaniedwith the proposed building plans and site improvements.

Replacement Trees

The removal of existing street trees may require mitigation measures.

Removal of an existing street tree requires a valid encroachment permit. Per the CitysOrdinance, if a removal permit is granted: (i) the Director shall require the planting of replacement trees of equal or cumulative diameter of the trees approved for removal; (ii)if replacement of equal diameter is not feasible, then replacement at the largestpracticable diameter shall be required; and (iii) when the replacement tree cannot matchthe diameter to the tree being removed, then the Director shall require replacementplanting of several trees of equal cumulative diameter of the tree(s) being removed, or payment value fee of any combination thereof, which would equal the value of the tree tobe removed as determined by a certified arborist.

Replacement values shall be addressed on a tree by tree basis. If required, a separatetree appraisal document may be prepared assessing each trees value per the Guide forPlant Appraisal, published by the International Society of Arboriculture, 9 th Edition.

Attachment 2


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INSDEOUT DESIGN

Arborist Services3

TREE INVENTORY & ASSESSMENT

Our site visit was conducted on October 17, 2012.

All trees located on-site that retain a 4 diameter, or greater, have been numerically

tagged and located on the Tree Inventory Plan. All street trees, regardless of size, havebeen tagged and included on the inventory plan. Each tree has been evaluated forstructural integrity and general health. Assessments were based on visual observations.

Diameters (DIA) were measured at 54 above grade.

Documented driplines as shown on the Tree Inventory Plan are approximate.

Attachment 2


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Tree Inventory and Observations for t he Emery Communi ty Center for Li vingsi te at 1100 47 th Street Emeryvill e, California

Key

DIA Diameter of trunk measured 54 above gradeS StructureH Health

Rating Key1 Dead, dying or in severe decline.2 Poor condition. Severe defects. Corrective options may or may not be available.3 Fair condition for species age. Minor defects that may be corrected.4 Good condition with no apparent defects or problems.5 Exemplary specimen for species.

# SPECIES DIA H S OBSERVATIONS/ RECOMMENDATIONS IMPACT

1 Acer buergerianum, Tridentmaple

4.5 4 4 Street tree @ San Pablo Avenue Insignificantto minor


4.5 4 3 Street tree @ San Pablo Avenue;codominant with included bark 1

Insignificantto minor


6 4 4 Street tree @ San Pablo Avenue Insignificantto minor


4.5 4 3 Street tree @ San Pablo Avenue; poorbranch union 7 above grade



8 4 3 Street tree @ San Pablo Avenue;included bark1 6 above grade, includedbark1 above grade


6 Acer buergerianum, Tridentmaple 4.5 4 4 Street tree @ San Pablo Avenue; trunkvandalism Insignificantto minor7 Acer buergerianum, Trident

maple3.5 4 4 Insignificant

to minor8 Acer buergerianum, Trident

maple4.5 4 4 Street tree @ San Pablo Avenue Insignificant

to minor9 Acer buergerianum, Trident

maple4 3 3 Street tree @ San Pablo Avenue; sparse

canopy; trunk vandalismInsignificantto minor




4 4 3 Street tree @ San Pablo Avenue; multiplebranch unions 12 above grade



3.5 4 3 Street tree @ San Pablo Avenue;codominant leaders 15 above grade





3 4 3 Street tree @ San Pablo Avenue; sparsecanopy






Attachment 2


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INSDEOUT DESIGN

Arborist Services5



3.5 Street tree @ San Pablo Avenue;codominant leaders 14 above grade;limited leaf development in northern

canopy; trunk vandalized



2 4 3 Street tree @ 47 t Street; trunk vandalized Insignificantto minor

19 Ulmus parvifolia , Chineseelm

15 3 2 Street tree @ 47 Street; metal tree stakeengulfed by root crown; previous branchfailure (likely hit by truck) shows signs of decay.

Consider removal with replacement of new street tree.


20 Hymendsporum fluvium, Sweetshade

6 3 2 Street tree @ 47 t Street; previouslytopped; lopsided canopy

Plans show removal and replacement withnew street tree



9.5 3 3 Street tree @ 47t

Street; fracturedeastern leader at 13 above grade




9.5 2 2 Street tree @ 47 t Street; codominantleaders 9 above grade; poor leaf development; fractured leader with decay;sparse canopy



23 Syzygium paniculatum, Australian brush cherry

4 3 3 Pruned to a lollipop shape

Proposed site improvements requireremoval

Significant


1, 1, 2,2

3 2 Pruned to a lollipop shape; poor branchunion 4 above grade


Significant


5 3 3 Pruned to a lollipop shape


Significant


3.5 3 3 Pruned to a lollipop shape


Significant

27 Syzygium paniculatum, Australian brush cherry 3.5 3 2 Pruned to a lollipop shape


Significant


2.5, 1,1.5

3 3 Pruned to a lollipop shape


Significant

Attachment 2


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INSDEOUT DESIGN

Arborist Services6



1.5, 1.5 Pruned to a lollipop shape

Proposed site improvements require

removal

Significant

30 Pistachia chinensis , Chinesepistache

5 4 4 Street tree @ 47 t Street


Significant


4 4 3 Significant

32 Pyrus sp., Ornamental pear 3.5 3 3 Significant33 Pistachia chinensis , Chinese

pistache2.5 2 2 Street tree @ 47 t Street; two significant

leaders previously pruned; poorlybalanced canopy; minimal foliage


Minimal


4.5 4 3 Street tree @ 47 Street

Project designer or City might consider removal with replacement of new, healthyuniform street tree species.

Minimal

35 Pyrus kawakamii , Evergreenpear

3 2 2 Street tree @ 47 Street; Upper centralleader devoid of leaves; poor branchstructure


Minimal


4 4 3 Street tree @ 47 t Street; poor branchunion 2 above grade

Project designer or City might consider removal with replacement of new, healthyuniform street tree species.

Minimal


3 3 2 Street tree @ 47 t Street; poor branchstructure and balance


Minimal

38 Eucalyptus sp. 25 4 3 Multi-trunked; codominant leaders withincluded bark 1 at southern leader.

Tree shown to be removed.

Moderate tosignificant

39 Eucalyptus sp. 23 4 3 Narrow branch union

Tree shown to be removed.

Moderate

40 Eucalyptus sp. 10 4 4 Proposed site improvements require

removal.

Significant

41 Pittosporum undulatum 5 3 4 Small broken leader


Significant

42 Pittosporum undulatum 6 2 3 Limited sparse foliage; competing withadjacent Cotoneaster


Significant

Attachment 2


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INSDEOUT DESIGN

Arborist Services7


43 Sequoia sempervirens, redwood

12.5 4 4 Previously proposed biofiltration area hasbeen moved in an effort to minimizepotential impacts.

Insignificant

44 Sequoia sempervirens, redwood 12 4 4 Previously proposed biofiltration area hasbeen moved in an effort to minimizepotential impacts.

Insignificant


13 4 4 Previously proposed biofiltration area hasbeen moved in an effort to minimizepotential impacts.

Insignificant

46 Prunus caroliniana, Carolinalaurel cherry

2, 1.5,1, 1

4 4 Shrub pruned into tree.

Not identified on plan. Maybe retained if so desired.

Minor


21 5 5 See Trees that Merit Special Attentionbelow.

None



None



None

50 Griselinia littoralis 14, 16 4 3 Poor branch union at base with includedbark; poor branch union @ eastern leader

Not identified on plan. Although it may beable to be retained, consider removal dueto flawed structure.

Moderate

51 Prunus cerasifera Pissardi, Purple leaf plum

4, 6, 6,25, 6,7, 6, 4

3 2 Multiple branch unions with included bark

Not identified on plan. Proposed siteimprovements require removal

Significant

1 Include bark: bark that becomes embedded in crotch between branch and trunk or between codominantstems or leaders, which causes a weak structure. Such conditions may increase the likelihood of failure.

Attachment 2


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General Tree Protect ion and Preservation Guidelines

The objective of the tree protection and preservation guidelines is to provide thenecessary information to ensure the continued health of existing trees within the

proximity of construction and grading activities. Trees selected for preservationshould be structurally sound and healthy so that they may survive any adverseimpacts due to construction activity.

As the project progresses, the following Tree Protection procedures must beexercised:

1.0 Tree Documentation

1.1 Indicate removal or preservation of all existing trees on an appropriatelysized plan. Trees shall be identified and numbered as tagged on site.Accurate dripline locations for trees in proximity to proposed siteimprovements should be shown on all relevant plans (as shown on the

Tree Inventory Plan). See attached.

2.0 Tree Protection

2.1 The majority of the sensitive root structure of a tree is located within thetop 6 to 12 inches of soil. This leaves them vulnerable to soil compaction,often due to construction activity, which limits available oxygen leading tostress and potential demise. This upper region of a tree is known as thecritical root zone.

2.2 In an effort to protect the critical root zone, Tree Protective Fencing shallbe erected. This temporary fencing will designate the Tree ProtectionZone (TPZ). The fencing is a critical component to the preservation of existing trees.

2.3 Tree Protectiv e Fencin g should ideally be placed at the dripline of thetree to be protected, or beyond. The project retains two different treeprotection scenarios: 1) interior (on-site) trees to be protected; 2) Existingstreet trees to remain.

The following Interior Tree Protect ive Fencing criteria shall be

employed:2.3.1 All protective fencing shall be located under the direction of the

project arborist. The fencing is to remain in place until the end of construction activity.

2.3.2 Protective fencing shall be continuous and be comprised of chainlink fabric mounted to steel posts driven firmly into ground(not mounted into concrete bases and set at grade). The perimeter

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of the fencing should be ideally set at the edge of the dripline. Thisarea around the tree is considered the Tree Protection Zone (TPZ).

The spacing of the posts shall not exceed 10 feet in distance.

2.3.3 Protective fencing shall be clearly indicated with a laminated signreading DO NOT ENTER. The sign shall also indicate that theproject arborist is the only designated individual who may open,move or modify the location of the protective fencing.

2.3.4 No excavated fill, chemicals, debris or equipment or any othermaterials shall be dumped or stored within the TP Z.

2.3.5 Fencing should be a 6-foot high chain link type, secured by metalposts driven a minimum of 24 into the ground.

2.3.6 A minimum 6 layer of mulch shall be applied to all areas within the

TPZ. The mulch will help alleviate soil compaction and moderatetemperatures. Keep a 6 mulch-free zone around the base of thetree (do not place mulch against root crown).

2.3.7 The use of hydrated lime or quick lime shall not be permitted withinthe vicinity of any existing trees.

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The following Street Tree Protectiv e Fencin g criteria shall be employed:

2.3.8 Given the proposed construction along both San Pablo Avenueand 47 th Street, each street tree deemed to remain shall receive

tree protection measures. Due to the relatively small size of themajority of these trees with limited canopy development, werecommend Type III Tree Protective Fencing (per City of Palo Alto

Tree Technical Manual) be erected at each tree. Prior to theplacement of the 2x4s, trunks shall be wrapped in 9 inchdiameter straw wattles to a height o f 8 feet to help protect bark.Secure wattle to root crown wrapping wattle in a spiral motion uptrunk to form a continuous barrier of protection. See photo & detaillocated on Tree Inventory Plan .

3.0 Project Coordin ation

3.1 Prior to the commencement of construction activities, the generalcontractor (and/or team) shall meet with the project arborist to review TreeProtection Measures and the procedures mentioned within this report.

3.2 Beyond on-site supervision of recommended pruning, the project arboristshall make periodic inspections of the site during the length of constructionto monitor trees and ensure Tree Protection Measures are in place.

Conclusion and Continuing MaintenanceWe believe that if the proper Tree Protection Measures and guidelines areaddressed, the existing street trees along San Pablo Avenue and 47 th Street shallcontinue to thrive or remain stable. As the project progresses, the City of Emeryvillemay mandate mitigation measures for trees that require removal or those that may beadversely impacted. Vigilant monitoring is the most effective course of action toensure continued health and failure prevention. Once site improvements arecomplete, we recommend annual inspections be performed by a qualified arborist.

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Assu mp tions and Limi tat ions

The survey/plan provided by DSK Architects is assumed to be accurate.

InsideOut Design has no interest, either personal or monetary, on the outcome of theproposed development. All observations and recommendations made within thisreview are objective and to the best of authors ability. The findings in this report aredependent on the condition of the trees evaluated at the time of the site inspections.

This assessment was limited to the visual examination of the trees listed within thereport with no dissection, excavation, probing or coring. There is no guarantee,warranty, expressed or implied, that problems, deficiencies or failure may occur in thefuture. To live near trees, one must accept some degree of risk.

Please contact us with any questions you may have, or if additional information is

warranted.

Sincerely,INSIDEOUT DESIGN, INC

Pennell PhillipsCertified Arborist, WE-6608A

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RESOLUTION CPC NO. ND13-01

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFEMERYVILLE ADOPTING A MITIGATED NEGATIVE DECLARATIONFOR THE EMERYVILLE CENTER FOR COMMUNITY LIFE (ECCL)

PROJECT, PHASE I

WHEREAS , on May 6, 2013 the Emery Unified School District submitted an application for aConditional Use Permit and Design Review to redevelop the Emery Secondary School site toaccommodate a 129,805 square foot multi-story, multi-use facility on a site of about 7.7 acres onthe block bounded by San Pablo Avenue on the east, 47 th Street on the south, 53 rd Street on thenorth, and Emery Bay Village on the west. The proposal will co-locate the elementary and secondary schools and accommodate the Citys community services and recreation programs.The proposal also includes a Tree Removal Permit to remove 20 existing street trees along 47 th Street (collectively, the Project or the Proposal); and

WHEREAS, an Initial Study/Mitigated Negative Declaration for the Project was completed bythe Emery Unified School District as the lead agency, in compliance with the CaliforniaEnvironmental Quality Act (Public Resources Code 21000 et seq.; CEQA); and

WHEREAS, a Notice of Intent to adopt a Mitigated Negative Declaration, together with theInitial Study, was made available for public review and comment between June 11, 2013 and July 11, 2013; and

WHEREAS, two comment letters on the proposed Mitigated Negative Declaration werereceived by the Emery Unified School District, which has considered these comments and has

prepared a Response To Comments memorandum; and

WHEREAS, the City of Emeryville, as a responsible agency, has specified the EmeryvillePlanning Department, 1333 Park Avenue, Emeryville California 94608, as the custodian of alldocuments, reports, plans and all other materials which constitute the record of proceedings uponwhich the actions required to approve the Project will be based; and

WHEREAS, the Emery Unified School District, as the lead agency, adopted the Mitigated Negative Declaration on July 15, 2013; and

WHEREAS, on July 25, 2013, the City of Emeryville Planning Commission held a duly and properly noticed public hearing on the proposed Mitigated Negative Declaration and the proposed Project approvals; and

WHEREAS, the mitigation measures to reduce the Projects potential significant impacts on theenvironment will be incorporated into the Project as conditions of approval; and

WHEREAS, the conditions of approval contain a mitigation monitoring and reporting programfor the required mitigation measures to ensure that the Applicant will comply with suchmitigation measures during implementation of the Project; and


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Planning Commission Resolution ND13-01ECCL Project: Mitigated Negative DeclarationJuly 25, 2013Page 2

WHEREAS, the Planning Commission has reviewed the following environmentaldocumentation for the Project: Mitigated Negative Declaration; Draft Initial Study; commentsreceived; Response To Comments memorandum prepared by the Emery Unified School District;and the staff report prepared for the proposed Project dated July 25, 2013 (collectively, theCEQA Documentation); and

WHEREAS, the Planning Commission has considered the information contained in the CEQADocumentation, the public comments, and the evidence in the record as a whole; now, therefore,

be it

RESOLVED , that based on its review and consideration of the foregoing documents and thetestimony received at the July 25, 2013 public hearing concerning the proposed Mitigated

Negative Declaration, the City of Emeryville Planning Commission makes the following specificfindings:

1. Compliance with CEQA Requirements: The City of Emeryville Planning Commission hasreceive

Planning Commission Staff Report 2013-07-18

Documents

Transcript of Planning Commission Staff Report 2013-07-18