Ordinance 3224Alow
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New Series
APPROVING THE ENCINAL TERMINALS MASTER PLAN AND
DENSITY BONUS APPLICATION FOR THE REDEVELOPMENT
OF THE ENCINAL TERMINALS PROPERTIES LOCATED AT 1521
BUENA VISTA AVENUE (APN 072-0382-001, -002, and 72-0383-
03)
WHEREAS, North Waterfront Cove, LLC ("the Developer") has acquired
approximately 16.73 acres of real property commonly known as the Encinal Terminals
site, with an address of 1521 Buena Vista Avenue, City of Alameda, County of Alameda
(APN 072-0382-001, -002, and 72-0383-03); and
WHEREAS, the Encinal Terminals site is designated for a residential, commercial,
maritime and open space mix of uses in the City of Alameda General Plan; and
WHERAS, the Encinal Terminals site is designated as a multifamily housing
opportunity site in the City of Alameda General Plan Housing Element; and
WHEREAS, the Encinal Terminals site is designated MX (Mixed Use) and MF
(Multifamily Residential) in the Alameda Municipal Code (AMC) Zoning Map; and
WHEREAS, the Alameda General Plan and AMC require preparation of a Master
Plan to guide development of the property consistent with the General Plan and AMC;
and
WHEREAS, the Encinal Terminals Master Plan is a mixed use plan for the property
that includes up to 589 multifamily housing units, up to 50,000 square feet of commercial
and maritime commercial space, at least three acres of open space, and a 160 -slip marina
(Attachment A); and
WHEREAS, on July 23, 2018, the Planning Board held a duly noticed public
hearing, and examined all submitted materials and received oral and written public
comments; and
WHEREAS, upon conclusion of the public hearing, the Planning .Board
recommended that the City Council approve the Encinal Terminals Master Plan as
amended and Density Bonus Application, and
WHEREAS, on September 4, 2018, the City Council held a duly noticed public
hearing on the Alameda Marina Master Plan as amended and Density Bonus Application,
as recommended by the Planning Board; and
WHEREAS, all interested parties were given the opportunity to participate in the
public hearing by submittal of oral and written comments; and
WHEREAS, the public hearing was closed by the City Council on September 4,
2018; and
WHERAS, the City Council continued consideration of the materials and testimony
to September 18, 2018; and
WHEREAS, the City Council of the City of Alameda makes the following findings:
1. California Environmental Quality Act (CEQA). On December 19, 2017, the
Alameda City Council certified the Encinal Terminals Focused Supplemental EIR
(State Clearinghouse No. 2021 021 1 8) for development of the initial proposed Master
Plan. In accordance with CEQA Guidelines Section 15164, an Addendum to the
previously certified EIR has been prepared for the revised and amended Master Plan,
as some minor technical changes or additions are necessary but none of the
conditions in CEQA Guidelines Section 15162 calling for preparation of a subsequent
EIR have occurred. The Addendum has been prepared in the manner required and
authorized under CEQA, and the City Council has considered the Addendum together
with the previously certified EIR, both of which are incorporated by reference as
though fully set forth herein, prior to making a decision on the Master Plan. The City
Council finds that the Addendum and the previously certified EIR adequately address
the potential environmental impacts of the project. All project -specific mitigations
specified in the previously certified EIR and included in the Project -Specific Mitigation
Monitoring and Reporting Program (Attachment A to the Addendum) shall be included
as conditions of approval for the project development plans required by the Master
Plan.
2. The Master Plan relates favorably to the General Plan. As documented in the
September 4, 2018 staff report and associated materials, the proposal is in substantial
conformance with, and implements, the City of Alameda General Plan, Housing
Element, and Zoning Ordinance policies and standards for the site. The Master Plan
implements General Plan policies for mixed use redevelopment of a former industrial
site in the Northern Waterfront, increases housing opportunities for a variety of
household types, improves transportation infrastructure by extending Clement
Avenue, increases transit services in the area, and increases public access to and
public waterfront parks in the area for all Alameda residents.
3. The Master Plan proposes an effective use of the site. The proposed Master Plan,
as amended by the recommended ordinance implements the City of Alameda General
Plan and the MX Mixed Use and MF Multifamily Zoning District requirements for the
site. The Master Plan provides for three acres of public waterfront parks and
promenades adjacent to the Oakland Estuary where no public access currently exists.
Further, the Plan allows for the conversion of the site, which was previously used for
shipping container storage, to a transit oriented development with market -rate and
affordable deed -restricted housing opportunities, retail and maritime commercial job
opportunities and services, pedestrian, transit and bicycle facilities and other
amenities and features to ensure that the site is pedestrian, bicycle and transit -
friendly.
4. The proposed Master Plan, if it complies with all conditions upon which
approval is made contingent, will not adversely affect other property in the
vicinity and will not have substantial deleterious effects on existing business
districts or the local economy. The Master Plan implements the General Plan and
provides for a mixed use development pursuant to the MX Mixed Use Planned
Development Zoning District. The proposal improves access and circulation in the
neighborhood by facilitating the completion of the Clement Avenue extension from
Atlantic Avenue to Grand Street allowing for the removal of the Truck Route from
Buena Vista Avenue, which is a long-term public objective to improve the quality of
life in the neighborhood. The proposal provides for three acres of new public
waterfront open space for the neighborhood, including a waterfront promenade and
Bay Trail along the perimeter of the property.
5. The location of the proposed use is compatible with other land uses in the
general neighborhood area, and the project design and size is architecturally,
aesthetically, and operationally harmonious with the community and
surrounding development. The proposed development qualifies as a mixed-use
development pursuant to the MX, Mixed -Use Planned Development Zoning District,
and satisfies the purposes of the MX district and MF Multifamily Overlay District
regulations. The Master Plan as amended is designed to conform to the Northern
Waterfront General Plan policy objectives and requirements adopted to ensure that
the project would be compatible with adjacent residential neighborhoods, the recently
completed residential developments on adjacent sites and other existing and future
waterfront uses. The Plan provides for adequate landscaping including Bay Friendly
native plants as required by City standards. The proposed development will result in
health and safety improvements to a property that is currently severely blighted and a
detriment to the surrounding community.
6. The proposed use will be served by adequate transportation and service
facilities including pedestrian, bicycle, and transit facilities. The proposal as
amended by Amendment #1 below is designed to ensure that the development of the
property is compatible with existing and potential contiguous uses. The street network,
location of entry roads, orientation of residential uses along Clement Avenue and
within the site, and the location of bicycle, pedestrian, and transit facilities are all
designed to complement and support the planned surrounding uses. The residential
plans provide for a well-designed pedestrian network, and bicycle and vehicular
access. The proposed waterfront promenade will support and encourage use of and
access to the waterfront.
7. The proposed affordable units make the project eligible for a density bonus of
20% under California Government Code 65915 and City of Alameda Municipal
Code Section 30-17. North Waterfront Cove, LLC has requested a 20% density
bonus for a total of 589 residential units. The applicant is proposing 79 affordable
units, including 25 housing units affordable to very low-income households (5%), 20
housing units affordable to low-income households (4%), and 34 units affordable to
moderate -income households (7%). Because the applicant is proposing to provide
5% of the units permitted by the base density for the project site to very low-income
households, the development qualifies for a 20% density bonus. With the density
bonus,.the applicant is proposing to construct 589 units, which falls within the limit that
the applicant is entitled to and is consistent with state density bonus law.
8. The proposed affordable units make the project eligible for development
standard waivers under California Government Code 65915 and City of Alameda
Municipal Code Section 30-17. North Waterfront Cove, LLC has requested waivers
from City of Alameda General Plan and AMC height limits that apply to this site to
accommodate the density bonus units. The waiver to the City's height limits for the
site provided in the Master Plan is necessary to accommodate the required density
bonus units and would not have a specific, adverse impact, as defined in Government
Code section 65589.5(d)(2), upon health, safety, or physical environment, nor would
the waiver be contrary to state or federal law.
Consistent with AMC requirements and the Master Plan, the specific design and
height of all future buildings on the site must be reviewed and approved by the
Planning Board. Given that it is not known at this time how many, or which, buildings
will need to exceed the 45 -foot height limit and to what extent the buildings will need
to exceed the height limit to accommodate 589 units, the Master Plan includes a height
waiver that states:
• The maximum height for any residential building within the Gateway and Estuary
Districts shall be determined by the Planning Board at the time the Design Review
application is submitted for Planning Board review.
• Design Review applications for any residential buildings that exceed 45 feet in
height shall be accompanied by a massing study for the Gateway and Estuary
Districts that demonstrates that the proposed height is needed to accommodate
the 589 units and all of the amenities, parking and mix of commercial and open
space uses as described and illustrated in the Master Plan.
The Planning Board shall not deny a building height above 45 feet unless the
Planning Board is able to make one or both of the following findings: 1) based upon
a review of the Design Review plans and the massing study, the 45 -foot height
limit does not physically preclude construction of the 589 units and all of the
amenities, parking and mix of commercial and open space uses as illustrated and
described in the Master Plan, or 2) the waiver of the 45 -foot height limit would have
a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2),
upon health, safety, or physical environment, and for which there is no feasible
method to satisfactorily mitigate or avoid the specific adverse impact. The 45 -foot
height limit shall not be used by City to prevent construction of the proposed project
on the property.
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. The Encinal Terminals Master Plan and Density Bonus application is
approved and adopted, with the final Text Amendments (unchanged Master Plan text in
plain Arial font; additions to Master Plan are in single -underline italics Arial font) shown in
Exhibit A.
Section 2. Severability. The provisions of this ordinance are severable. It is the
declared intent of the City Council of Alameda that if any section, subsection, sentence,
clause, phrase, or provision of this ordinance is held invalid or unconstitutional by a court
of competent jurisdiction, such invalidity or unconstitutionality shall not be so construed
as to render invalid or unconstitutional the remaining provisions of this ordinance.
Section 3. Effective Date. 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.
Section 4. Conforming Changes to Master Plan. The City Council hereby
authorizes the City Manager or designee to make non -substantive, technical conforming
changes (essentially correction of typographical and clerical errors), prior to final
publication of the Master Plan,
Pre iding 0 icer • �aity C�ouncTil
Attest:
Lara Weisiger, t,i)y Clerk
Exhibit A: Encinal Master Plan Amendments
Delete the existing "Streets" description on page 24 of the Master Plan in its entirety, and replace it
with the following language:
"To provide an inviting, well-designed public entrance from Clement Avenue, the primary vehicular access
into the site shall occur at a four-wav intersection at Clement/Entrance and provide access to the Gateway,
Tidelands and Estuary Districts The final alignment and design of the public right-of-way design shall be
determined by the Planning Board during the review of Subdivision Map and Development Plans for
development, but the right-of-way shall be no less than 62 feet in width and extend in a strak1ht ali nq ment
across the Gateway Tidelands and Estuary Districts to the northern edge of the property. The Entrance
Road extension shall include driveway access to the adjacent Fortman Marina. In the event that it is not
feasible to gain access across the Tidelands property, the alignment may be adjusted to avoid the Tidelands
District as necessary and utilize a portion of the wharf directly ad to the Tidelands property.
Permanent public access and utility easements shall be provided within the right-of-way from the Clement
Avenue intersection across the Gateway District, Tidelands District, and Estuary District to the northern
waterfront edge of the Encinal Terminals site. In addition, internal east -west streets and/or an EVA may
cross the site generally perpendicular to the wharf in order to serve the interior development subareas; all
streets will be constructed for a maximum operating speed of 25 miles per hour and will include safe
pedestrian crossings, and all streets shall be accessible to the public 24 hours per day."
2. Revise all Figures as shown below to reflect Street in Center:
3. Remove Existing Blighted Structure on Tidelands: Revise the fourth bullet on Page 67 of the Master
Plan to read as follows: "The Tidelands District (E in Figure 4.2), could be developed coincident with
the Gateway (A) or Estuary (B/C) Districts, but all existing blighted structures in the Tidelands District
will be removed prior to issuance of building permits for any of the residential buildings. "
4. Use Compostable Plant Material: Revise the second bullet on page 65 of the Master Plan as follows:
"Planning Board Design Review approval of the public access open space, landscapinq and tree
selections to ensure that landscape material waste is compostable, and Bay Trail plan including along
the Fortman Marina frontage. "
5. Amend page 65 "Subsequent Approvals" to add the following text:
Tidelands Lease Amendments. Any use or development in the Tidelands District that requires a Tidelands
Lease extension. amendment or new lease shall first be reviewed by the Planning Board for Master Plan
consistency. When considering the tidelands lease proposal, the City Council will consider: the Planning
Board recommendations, Public Trust Lands regulations and limitations; Economic Development Strategy
objectives; maritime commercial business needs , including boatyard or dry boat storage facilities; and
community wide need for well -paying jobs and apprentices supported by project labor agreements with the
Building & Construction Trades Council of Alameda County and/or card check neutralit a reement to
provide for labor peace.
6. Amend page 67 to add the following text:
Tidelands Infrastructure Phase One Requirements: All infrastructure improvement plans,rg ading plans,
roadway improvement plans, subdivision improvement agreements and permits shall ensure that the first
phase of development at Encinal Terminals includes: 1) all backbone infrastructure from Clement Avenue
through the Gateway District to the southern edge of the Tidelands District, and 2) a minimum of 30 feet of
improved access from the southern portion of the Tidelands District to the Alaska Basin submerged lands
for public and or maritime commercial use.
Tidelands Integration and City Council Oversite: The applicant and/or property owner shall prepare
land plans that support future coordinated maritime commercial, maritime recreational, and access between
the Encina/ and Fortman Tidelands Lands. The plans shall eliminate or minimize, to the extent feasible and
within Encinal's ability to mitigate, all barriers to future coordinated use of the Encina/ Terminals Tidelands
and adjacent Fortman Tidelands for maritime commercial activities. The applicant and/or property owner
and city staff shall present the plan to the Fortman Marina owners and operators for their review and
comment. The plans and the suggestions from the Fortman Marina representatives will then be presented
to the Planning Board and Alameda City Council prior to issuance of any building permits or subdivision
map approvals, whichever comes first.
Amend page 69 to read: "Plans for the marina and land side marina facilities should provide details for
drop off areas, bathrooms and other marina facilities including facilities and services to support five-
aboards."
8. Amend page 61 "Workforce Housing" to include: "Home Ownership: At least 50% of the residential units
to be constructed on the property shall be mapped through the subdivision process to allow for home
ownership. "
I, 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 2nd day of October, 2018, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, and Vella
—4.
NOES: Mayor Spencer —1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 3rd day of October, 2018.
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Lara Weisiger, City Cl'
City of Alameda
Approved as to Form:
Jan . C. Kern, City Attorney
City of Alameda