Ordinance 3013CITY OF ALAMEDA ORDINANCE NO. 3013
New Series
AMENDING ORDINANCE NO. 1277, N.S. TO REZONE
APPROXIMATELY 48 ACRES LOCATED AT 1501 AND 1523
BUENA VISTA AVENUE (ENCINAL TERMINALS AND DEL
MONTE BUILDING), APNs 072 038200200, 072 038200400, 072
038200300, 072 038201000, 072 038200500, and 072
038200900, 072 038300100, 072 038300200, and 072
038300300, FROM M -2, GENERAL INDUSTRIAL
(MANUFACTURING) DISTRICT, TO M -X, MIXED USE ZONING
DESIGNATION.
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1: Section 11-116 of Ordinance No. 1277, N.S. is hereby amended by
reclassifying all the real property situated within the City of Alameda, County of
Alameda, State of California, consisting of approximately 48 acres and located
at 1501 and 1523 Buena Vista Avenue, APNs ## 072 038200200, 072
038200400, 072 038200300, 072 038201000, 072 038200500, and 072
038200900, 072 038300100, 072 038300200, and 072 038300300, as shown
on the attached Exhibit A from M -2, General Industrial (Manufacturing) District
to M -X, Mixed Use District.
Section 2: The above amendment shall be known as and referenced to
as Rezoning Amendment No. 210 to Ordinance No. 1277, N.S.
Section 3: This Ordinance shall be in full force and effect from and after
the expiration of thirty (30) days from the date of its final passage.
Presiding
Attest:
the City Council
Lara Weisiger, City Clerk
City of Alameda
Exhibit A:
Current Zoning
Proposed Zoning
DATE:
TO:
FROM:
PROPERTY
ADDRESS:
ITEM 9-A
PLANNING BOARD STAFF REPORT
September 28, 2009
Honorable President and Members of the
Planning Board
Andrew Thomas, Planning Services Manager
510.747.6881
athomas@ci.alameda.ca.us
1523 and 1501 Entrance Road/Buena Vista Avenue (Encinal
Terminals and Del Monte Warehouse)
APPLICATIONS: Rezoning — PLNO9-0222- Applicant - City of Alameda. A
rezoning of property located at 1523 and 1501 Entrance
Road/Buena Vista Avenue (Encinal Terminals and Del Monte
Warehouse) from M-2, General Industrial (Manufacturing)
District, to MX Mixed Use Planned Development District to
conform to the General Plan Mixed Use Designation.
Zoning Text Amendment — PLNO9-0243- M-X Zoning
District Regulations - Applicant: City of Alameda. A
proposed text amendment to the M-X Mixed Use Planned
Development District zoning regulations to allow for
application for interim use permits prior to approval of a
master plan for the property under certain conditions.
Use Permit — PLNO9..0184 — Applicant Chengben Wang
for Encinal Terminals A request to approve an amendment
of the existing use permit UP-94-06 to allow for limited use of
the site located at 1523 Entrance Road/Buena Vista Avenue
(Encinal Terminals) until August 31, 2012.
ZONING DISTRICT: M-2 General Industrial
GENERAL PLAN: Specified Mixed Use
Honorable President and September 28, 2009
Members of the Planning Board Page 2 of 11
EXECUTIVE SUMMARY
On September 26, 1 994, the City of Alameda Planning Board held a public hearing and
approved a 15 -year use permit to allow the storage and repair of shipping containers at
the property commonly referred to as "Encinal Terminals" located at the end of
Entrance Road. The 1994 Use Permit (UP- 94 -11) established specific conditions under
which the operations must be conducted and findings that must be made by the
Planning Board to extend the use permit beyond September 26, 2009. In April 2009,
the current occupant -- ConGlobal Industries - submitted a request for a 10 -month
extension to allow time for the business to transition its operations to a site in Oakland.
In addition, Mr. Chengben "Peter" Wang, the primary property owner, submitted a
request for an extension of the permit until 2015 to allow for similar but less intensive
uses.
On July 13, 2009, the Planning Board approved the 10 month extension for ConGlobal.
The Planning Board did not take action on Mr. Wang's request for the extension to
2015 and continued its decision on staffs recommendation to rezone the property from
M -2 General Industrial to lei- X Mixed Use Staff had asked for a one month continuance
to allow time for staff to consider the need for a minor text amendment to the M -X
zoning district.
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Honorable President and September 28, 2009
Members of the Planning Board Page 3 of 11
on August 24, 2009, the Planning Board continued the item until September 28th at Mr.
Wang's request. At this time, staff is recommending that the Planning Board:
1. Approve the rezoning of the Encinal Terminal Property and the Del Monte
Warehouse Property to M-X Mixed Use.
2. Approve a zoning text amendment to the M-X zoning to address future interim
uses on the site.
3. Approve an extension to the use permit for interim use of the site between
.August 2010 and August 2012.
BACKGROUND
On September 26, 1994, the Planning Board approved a 15 -year use permit to allow
container repair and storage on the site. At the time, the General Plan designated the
site and surrounding area for manufacturing and marine related uses. The Use
Permit's 15 --year term recognized that the use would be temporary and that the site and
larger area were undergoing changes that might render the use inappropriate for the
site in the future.
As anticipated, the area began to change soon thereafter. In 1999, the City approved
the Wind River development plan, which allowed for the development of a five building
office campus directly across the Alaska Basin from the Encinal Terminals property. In
2000, the City approved the . Marina Cove residential development that allowed up to
157 residential units and a park on former industrial sites including the Chipman
Warehouse site adjacent to the Encinal Terminals property.
In 2002 the City embarked on a comprehensive evaluation of the land use patterns,
trends, and policies in the area The Council appointed Northern Waterfront Advisory
Committee completed their work and presented their proposed General Plan policies
for public review in 2005.
Consistent with the Committee's recommendations, the City approved a rezoning to M-
x (Mixed Use) and a Master Plan in 2007 for 40 residential units adjacent to the Grand
Marina boat slips and boat launch. The M-X zoning and Master Plan ensure that the
new residential component is designed and managed in a manner that is compatible
with the adjacent marina, public open spaces, and the non- residential uses in the
historic Alaska Packers building.
in 2008, the City Council approved the draft Northern Waterfront General Plan
Amendment. The Amendments includes a series of policies specific to Encinal Terminal
and the Del Monte Site. Regarding Encinal Terminals, the General Plan states:
The intent of the site specific development policies for the Encinal Terminal Site is to facilitate
redevelopment of the site with new land uses that will take advantage of the unique site
configuration and waterfront location, increase opportunities for public access and enjoyment of the
waterfront and eliminate the existing uses which contribute a large volume of truck traffic in the
Honorable President and September 28, 2009
Members of the Planning Board Page 4 of 11
vicinity. The Mixed Use designation will allow for the development of a wide range of and uses to
capitalize on the site's unique location adjacent to the Alaska Basin, Oakland /Alameda Estuary,
Fortman Marina, and Del Monte Warehouse site. Anticipated land uses in this district include a
range of housing types, including senior housing, commercial, office, and public parks and open
space. Public waterfront access around the perimeter of the site is envisioned, as well as a new
marina on the Alaska Basin. Pursuant to the area wide policies, any plan to redevelop this site
should be consistent with the following Site Specific Policies:
E -T 1. Require that the master plan for the development of the Encinal Terminals site illustrate
how the various parcels can be developed as a unified development. The master plan
must address all phases of the development of the site.
E -T 2. Require that the master plan include adequate open space and a clear public access
around the perimeter of the site.
E -T 3. The Master Plan should consider relocating the tidelands trust lands to the perimeter of the
site to allow residential mixed -use development in the core of the site with publicly
accessible open space around the perimeter of the site.
E -T 4. Cluster development to maximize open space and view corridors to the estuary.
E -T 5. Given that Encinal Terminals is surrounded by water on three sites, taller buildings should
be located at the southern end of the site.
E-T 6. If a parking structure is proposed, require ground floor uses and/or a pedestrian friendly
facade.
E -T 7. If a parking structure is proposed, locate the structure to serve public access to the
waterfront and future development at the Del Monte site.
E -T 8. The Master Plan for the Encinal Terminal site shall replace the existing container storage
and cleaning operation with a mix of uses to create a lively waterfront development. The
plan should include at least the following four land uses: residential, retail, commercial, and
public open space.
E -T 9. Residential uses may include senior housing or assisted living facilities.
E -T 10. Commercial uses may include restaurants, marine related uses, office uses, and/or
additional berths in the Alaska Basin. Additional berths should not be allowed on the
northern edge of the site facing the Estuary and Coast Guard Island to preserve views of
the water and Oakland.
E -T 11. Require that the master plan include inviting, well - designed public entrances from Clement
Street. Primary vehicular access into the site should occur at a four -way intersection at
Clement/Entrance, if feasible.
E -T 12. Consider opportunities fora public human powered /non- motorized boat launch facility at
Alaska Basin.
E -T 13. Require public art installations adjacent to the Alaska Basin shoreline consistent with the
Public Art Ordinance.
Honorable President and September 23, 2009
Members of the Planning Board Page 5 of 11
E -T 14. The Encinal Terminal development should fund a fair share of the costs of the Clement
Street extension from Sherman to Grand.
E-T 15. The Encinal Terminal development should fund a fair share of the costs to upgrade storm
sewer and wastewater facilities necessary to serve all future development within the
Northern Waterfront area.
E -T 16. The site plan should allow for a shoreline public promenade around the perimeter of the site
and adjacent to the Alaska Basin and Fortman Marinas.
ANALYSIS
Rezoning (PLNO9 -0222)
As described above, the 2008 General Plan amendment includes policies directing that
the site be rezoned to require a "mix of new uses including residential, commercial,
senior housing, and public open space ". The General Plan polices call for a master
plan that would address how the mix of uses, open space, parking, state lands, and
other issues would all be addressed. To conform with and implement the General Plan
polices for the Encinal Terminals site and the Del Monte Building, staff is
recommending that the properties be rezoned from their current designation of M -2
General Industrial to M-X Mixed Use Planned Development. As stated in the Alameda
Municipal Code Section 30 -4.20:
"The purpose of the Mixed-Use District is to encourage the development of a compatible
mixture of land uses which may include residential, retail, offices, recreational,
entertainment, research oriented light industrial, water oriented or other related uses.
The compatibility and interaction between mixed uses is to be insured through adoption
of Master Plan (defined in subsection 30- 4.20f) and development plan site plan (defined
in subsection 30- 4.20h), which indicate proper orientation, desirable design character
and compatible land uses to provide for:
1. A more pedestrian- oriented nonautomotive environment and flexibility in the design of
land uses and structures than are provided by single purpose zoning districts, including
but not limited to shared parking;
2. The enhancement and preservation of property and structures with historical or
architectural merit, unique topographic, landscape or water areas, or other features
requiring special treatment or protection;
3. Recreation areas that are most accessible to both the M -X district's inhabitants and
other City residents;
4. Environments that are more conducive to mutual interdependence in terms of living,
working, shopping, entertainment and recreation; and
5. Flexibility in the design, lay -out and timing of build -out of large -scale mixed use
projects in order to respond to market demands while ensuring that development is in
conformance with adopted standards, procedures and guidelines. "
Staff is recommending that the rezoning include the Del Monte Building property in
addition to the Encinal Terminals site because the General Plan encourages mixed use
development in the Del Monte Building and the properties are linked by common
ownership, access and parking needs, and General Plan policies. To be effective, the
Honorable President and
Members of the Planning Board
September 28, 2009
Page 6 of 11
planning for the two sites should be coordinated. The change in zoning from M -2 to M-
X will not affect Mr. Wang's ability to continue leasing the Del Monte Building for
warehouse purposes. Continuation of a non - conforming use is permitted within the
existing structure. A similar condition exists on the Chipman site, which is zoned for
residential use but the site is currently being used as a warehouse facility by the
Chipman company. Under the city's zoning regulations, an existing non - conforming
use may continue, provided that it does not expand or enlarge, and provided that the
use is in continuous operation and does not vacate the property for one year or more
Because neither the existing Chipman warehouse use nor the existing warehouse use
in the Del Monte Building required use permits, they may continue indefinitely as legal
non - conforming uses. in contrast, the container storage and other "outdoor uses" do
require a use permit. Therefore, the container 'care use on Encinal Terminals does not
have the protection of the "legal non - conforming" status and the use must be
terminated by August 2010 as required by the July 2009 use permit extension.
-X Zoning District Text Amendment (PLNO9-0243)
As described above, the M-X zoning district zoning regulations require preparation and
adoption of a Master Plan for the site Once the property has been zoned MX, but
before the Master Plan has been adopted for the property, a property owner should be
able to use their property for certain uses provided that the use of the site will not delay
redevelopment of the site consistent with General Plan goals or delay completion of the
required Master Plan.
To clarify that the MX zoning does not preclude use of a site while a Master Plan is
being prepared or before construction of the pursuant to the Master Plan has begun, .
staff is recommending that the following text be added to the M -X zoning district
regulations:
The Planning Board may approve or amend a use permit for a property zoned MX prior
to approval or implementation of a master plan provided that i) the use is either
permitted or conditionally permitted in one of the districts identified in subsection d.2
above, ii} a good faith effort is being made to complete the master plan for the site
according to an agreed -upon time schedule, ill) the term of the use permit is defined and
short-term and conditions are included that describe and manage the termination of the
interim use upon expiration of the use permit, iv) the interim use does not have
significant or greater adverse impacts on neighboring properties, and v) the approved
uses will not inhibit or delay adoption of a master plan or redevelopment of a the
property consistent with the M-X zoning district purposes.
Encinal Terminals Use Permit (PLNI09- 0184)
Mr. Wang is requesting that the City extend the use permit on the Encinal Terminal site
to allow for certain interim uses to replace ConGlobal in August 2010 durin g the time
that the Master Plan is being prepared for the site The proposed amendment to the
Use Permit would extend the term from August 3, 2010 to August 3, 2012 with the
following conditions:
Honorable President and September 28, 2009
Members of the Planning Board Page 7 of 11
t Consistent with the July 2009 extension, container storage and repair must be
terminated by August 3, 2010.
2. Between August 3, 2010 and August 3, 2012, the property may be used for:
a. Special events. Farmers markets, flower markets, maritime sales, movie
and other entertainment production, art shows and other outdoor events,
exhibits and shows, subject to obtaining a Special Event Permit. Special
event uses must provide parking exclusively on site or a combination of on
site and nearby private or valet parking not impacting public streets.
b. Outdoor storage. Boats, watercraft, automobiles, RV's, chassis, trailers,
automotive equipment, vehicles, buses, trucks, mobile homes,
construction equipment and materials (for businesses, homes,
commercial and /or household goods) and ancillary uses, including office
or retail functions.
c. Commercial Uses: Automotive sales and storage but not including
automobile wrecking yards or salvage yards; parcel delivery services;
repair shops; sail Lofts; tool or cutlery sharpening or grinding; warehousing
and storage facilities; trans- loading, offloading and on -site staging and
assemblage of supplies and materials received at terminal, and similar
uses; outdoor amusements; boat sales and service; machinery sales,
rentals and services; worllive studios subject to the requirements of
Section 30-15 and Zoning Administrator action to add any required
conditions of approval; and plant nurseries.
3. Between August 3, 2010 and August 3, 2012, all use of the site must comply
with the following performance standards:
a. Truck Traffic. All use of the site shall be limited to 50 truck trips per
day. (Existing use generates between 200 and 250 per day.)
b. Noise: Alt uses shall comply with the City's noise ordinance are
presumed to comply with these requirements.
c. Hours of Operation: Alt use of the site shall be limited to 6:00 a.m. to
10:00 p.m. After -hours loading and unloading of trucks is not permitted.
4. Annual reviews will be conducted beginning on August 2010 to review progress
on the Master Plan for the properties and compliance with Use Permit conditions.
Staff anticipates that the master planning process will require the following major
milestones over the course of 24 to 30 months:
Honorable President and
September 28, 2009
Members of the Planning Board Page 8 of 11
■ Fall 2009 - Staff and Encinal Terminals meet and confer to identify a pre -
Master Plan application range of 4 preliminary Mixed Use development
scenarios consistent with the Northern Waterfront GPA, for the purpose of
conducting an updated Economic Feasibility study and Market Analysis.
May 2010 -- Community Forum: Presentation of draft Economic Feasibility
study and Market Analysis and initial conceptual Mixed Use scenarios.
■ June 2010 - Planning Board public workshop: Review Encinal Terminals'
proposed project description and first draft conceptual design plan.
Workshop includes staff evaluation of proposal and Planning Board
feedback.
August 2010 - Planning Board public workshop and first Annual Review:
Review Encinal Terminals' second draft project description and more
detailed conceptual design plans. Workshop includes staff evaluation of
proposal and Planning Board feedback.
■ September 2010 - Encinal Terminals submits application for Master Plan
and Environmental Review Begins.
■ June 2011- City releases draft CEQA document
August 2011- Planning Board public hearing and feedback on draft CEQA
document and draft Master Plan. Conduct second Annual Review
January 2012 - Planning Board hearings; Board makes CEQA and Master
Plan recommendations to City Council
March -- June 2012 — City Council hearings on Master Plan CEQA and
Master Plan
As with all complex planning processes, the anticipated planning schedule should
be expected to change as new information, new opportunities, and changing market
conditions and/or new regulations become apparent. However, the above described
schedule does provide a road map for planning the site, which can be reviewed,
evaluated, and amended at each annual review. It should also be understood, that
staying on schedule will require not only commitment from the property owner, but
also commitment by the city staff, the community, and the City's boards and
commissions to provide clear, consistent, and timely feedback to the property
owners planning consultants at each step in the process.
5. Extensions: If an extension of the use permit is requested in 2012 the
information from the annual reviews and progress on the master planning
schedule as described above or as amended at the Annual Reviews will provide
a basis for determining if "a good faith effort is being made to complete the
Honorable President and September 28, 2009
Members of the Planning Board Page 9 of 11
master plan for the site according to an agreed-upon time schedule ". it should
also be recognized that even if a Master Plan is completed and approved by
2012, the local and region economic conditions will need to improve to be able to
finance redevelopment of the site. If these conditions do not improve, Encinal
Terminals may still request an extension of the use permit in 2012 even if the
Master Plan is adopted. As somewhat similar conditions currently exists on the
Alameda Landing site, where a Master Plan has been adopted, but given the
economic conditions, development of the site pursuant to the Master Plan has
not commenced. At Alameda Landing, some of the existing warehouses and
wharf areas are being leased through interim short term use permits until such
time that market conditions improve and the development of the site can
commence.
Staff is in support of the requested Use Permit because:
a. The permit provides opportunities for the property owner to use the
property during the Master Planning period after ConGlobal relocates to
Oakland.
b. The permit is limited in time and will not delay or obstruct the Master
Planning and environmental review process required before the property
can be redeveloped.
c. The range of uses and the conditions under which they must be operated
will result in a significant reduction in truck traffic, after hours operations,
and other off -site impacts as compared to the existing container care
operations.
Findings
Rezoning PLN09 -0222 and Text Amendment PLNO9 -0243- Findings for Approval.
1. The proposed amendments maintain the integrity of the General Plan. The
proposed rezoning is necessary to ensure consistency between the General
Plan designation and policies for the properties and the zoning designation for
the properties. The existing zoning is not consistent with the General Plan
designation and policies.
2. The proposed amendments will benefit the general welfare of the community."
The proposed rezoning will facilitate the future development of the site with the
community's recently adopted General Plan goals and policies for the Northern
Waterfront and the site.
3. The proposal is equitable. The proposal to rezone the properties is equitable in
that zoning will facilitate redevelopment and reuse of the site consistent with
approved General Plan designations and policies. The proposed zonin g text
amendment will provide a means for economic return to the property owner
during such time that the Master Plan is being prepared, evaluated, and
adopted.
Honorable President and September 28, 2009
Members of the Planning Board Page 10 of 11
Use Permit PLNO9 -0184 (2012 extension) - Findings for Approval.
1. The location of the proposed uses and the conditions under which they will be
operated will be compatible with other land uses in the general neighborhood
area, and the proposed uses and performance standards will ensure aesthetic
and operational harmony with the community and surrounding development.
2. The proposed uses will not result in significant or greater adverse affects other
property in the vicinity. The proposed uses will not result in less trucking, less
noise, less late night operations, and less aesthetic impacts on the nearby office=
residential, and open spaces uses in the general neighborhood area as
compared to the existing use of the site.
3. The proposed use permit does relate favorably to the General Plan. The use
permit is designed to ensure that the uses do not delay or obstruct
redevelopment of the site consistent with General Plan policies.
ENVIRONMENTAL REVIEW
Rezoning: Pursuant to the CEQA Guidelines, section 15162 - Subsequent
Environmental Impact Reports, the proposed project was considered in the
Environmental Impact Report for the General Plan Amendment for Northern Waterfront
certified in 2008. Accordingly, the Planning Board hereby finds and determines on the
basis of substantial evidence in the record that the previous EIR fully analyzes the
potential environmental effects of the project and incorporates mitigation measures to
substantially lessen or avoid any potentially significant impacts in accordance with
CEQA. None of the circumstances necessitating preparation of additional CEQA review
as specified in CEQA and the CEQA Guidelines, including without limitation Public
Resources Code Section 21166 and CEQA Guidelines Section 15162, are present in
that (1) there are no substantial changes proposed in the project or the circumstances
under which the project is undertaken that would require major revisions of the EIR due
to the involvement of new environmental effects or a substantial increase in the severity
of previously identified significant effects; and (2) there is no "new information of
substantial importance" as described in CEQA Guidelines Section 15152(03).
Use Permit: Pursuant to CEQA Guidelines 15301 (Minor Modifications to Existing
Use), the extension of the use permit is categorically exempt. The use permit extension
is a minor modification to an existing permit. Under the extension, the potential
environmental impacts of the use of the site will be reduced from the existing
conditions.
PUBLIC NOTICE
A revised notice for this hearing was mailed to property owners and residents within
300 feet of this site and interested parties who have previously requested notification,
published in the Alameda Journal and posted at the subject property. Staff has received
several letters and phone calls from adjacent property owners and residents. in general,
residents and businesses in the area are opposed to any continuation of the container
Honorable President and September 28, 2009
Members of the Planning Board Page 11 of 11
care facility past 2019 and opposed to any other use that would result in truck traffic,
noise, or other of site impacts on neighboring residential or commercial properties.
RECOMMENDATION
Approve resolutions:
• Recommending City Council approval of PLN09 -0222, Rezoning of the
properties to M -X, Mixed Use.
• Recommending City Council approval of Text Amendment to the MX Zoning
District
• Approving Use Permit PLNO9 -0184
ECT
Y SUBMITTED BY:
drew Thomas
!arming Services Manager
Attachments:
1. Letter dated September 22, 2009 from Morrison and Forrester
2. Draft Rezoning and Zoning Text Amendment Resolution
3. Draft Use Permit Resolution
4. Letters from interested parties.
1, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 15th day of December, 2009 by the following vote to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam,
and Mayor Johnson -- 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 16th day of December, 2009.
Lara Weisiger, City Jerk
City of Alameda