Resolution 15608CITY OF ALAMEDA RESOLUTION NO. 15608
AMENDING THE GENERAL PLAN BUSINESS PARK
CLASSIFICATION TO CLARIFY THE ALLOWABLE FLOOR AREA
RATIO (FAR) AT HARBOR BAY BUSINESS PARK, AS
RECOMMENDED BY THE CITY PLANNING BOARD
WHEREAS, the Harbor Bay Business Park Development Plan, approved by
Planning Board Resolution No. 1203 in 1981, and amended by Planning Board
Resolution No. 1533 in 1985, establishes the development standards for the Harbor Bay
Business Park and established a maximum FAR of 0.5 for the portion of the business
park fronting Bay Edge Road located between the lagoon and the bay; and
WHEREAS, in 1989, the Harbor Bay development standards and entitlements
were vested by the City Council when the Council approved the 1989 Development
Agreement, which specifically references Resolution Nos. 1203 and 1533; and
WHEREAS, in 1991, the City Council approved the new citywide General Plan
update. The new Land Use Element included Policy 2.8.a which states: "Support
development of Harbor Bay Business Park consistent with existing approvals and
agreements"; and
WHEREAS, the 1991 Land Use Element also included a new Business Park Land
Use classification that states that the 0.5 FAR standard applies to the entire Harbor Bay
Business Park, which is in conflict with Policy 2.8.a and the existing approvals and
agreements; and
WHEREAS, between 1991 and 2018, City staff and Planning Board have
consistently interpreted these policies to mean that the 0.5 FAR only applies to the portion
of Harbor Bay Business Park along a certain portion of the waterfront, consistent with the
1981, 1985, and 1989 entitlements; and
WHEREAS, in January 2018, during consideration of a parcel map for a hotel at
1700 Harbor Bay Parkway, which is not located on the waterfront, the Council stated that
since the language in the General Plan was not clear, they would be unable to make the
findings for the parcel map. The Council asked staff to clarify the General Plan text; and
WHEREAS, in November 2018, the Planning Board recommended the City
Council adopt a General Plan Text Amendment to clarify the specific areas of the Harbor
Bay Business Park subject to the 0.5 FAR. The Planning Board recommendation
inadvertently extended the 0.5 FAR beyond those properties between the lagoon and the
bay, as specified in the existing entitlements, to properties fronting the Oakland Airport
manmade tidal basin, too far south by approximately 2,000 feet; and
WHEREAS, on September 5, 2019, Joe Ernst of srmErnst Development Partners,
filed a request for General Plan Text Amendment to clarify the extent of applicability of
the maximum 0.5 FAR to properties in the Harbor Bay Business Park, including the
property at 1951 Harbor Bay Parkway, which is a vacant site that could potentially be
developed in the near future for a rapidly growing tenant in the business park; and
WHEREAS, on September 23, 2019, the Planning Board held a duly noticed public
hearing to consider the subject General Plan text amendment and recommended its
adoption by the City Council; and
WHEREAS, on November 5, 2019, the City Council held a duly noticed public
hearing to consider the subject General Plan text amendment; and
WHEREAS, this Resolution will amend the Land Use Element of the General Plan
to clarify the allowable FAR at Harbor Bay Business Park; and
WHEREAS, in accordance with California Government Code section 65358, the
City Council hereby finds and determines that it is in the public interest to amend the Land
Use Element of the General Plan as specified in this Resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council finds the subject
General Plan Text Amendment exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3),
the general rule that CEQA only applies to actions that have the potential to cause a
significant impact on the environment. The proposed amendment does not establish new
General Plan policies that could cause an effect on the environment. The amendment
clarifies language from the 1991 Land Use Element to result in an internally consistent
Land Use Element and aligns the Business Park Land Use classification with existing
approved entitlements, consistent with Land Use Element Policy 2.8.a; and
BE IT FURTHER RESOLVED, that the City Council makes the following findings
regarding the proposed General Plan Text Amendment:
1. The General Plan Land Use Element Text Amendment relates favorably to
the General Plan. The proposed text amendment to clarify language pertaining to
FAR standards in the Harbor Bay Business Park is consistent with Land Use
Element Policy 2.8.a which states: "Support development of Harbor Bay Business
Park consistent with existing approvals and agreements." Clarification of the FAR
issue would result in an internally consistent Land Use Element and ensure
consistent decision- making by the City on important land development matters that
affect the economic vitality of the business park.
2. The General Plan Land Use Element Text Amendment supports the general
welfare of the community. The proposed amendments result in an internally
consistent, up -to -date Land Use Element and General Plan which is required by
the California Government Code and supports the general welfare of the
community by ensuring consistent decision- making by the City of Alameda.
3. The General Plan Land Use Element Text Amendment will have no adverse
effects on existing persons or property. The proposed text amendment clarifies
the General Plan Business Park Land Use classification text to be consistent with
long-established FAR regulations for the business park that were approved in
1981, 1985, and in the 1989 Development Agreement. No new regulations or
policies are being created with this General Plan Text Amendment that could have
adverse effects on existing persons or property; and
BE IT FURTHER RESOLVED, that the City Council finds that it is necessary,
desirable, and in the public interest to adopt a General Plan text amendment to clarify the
limited applicability of the maximum 0.5 FAR in the Harbor Bay Business Park, and hereby
adopts the following text amendment to Section 2.2 of the Land Use Element:
2.2 LAND USE CLASSIFICATIONS
The following descriptions apply to uses indicated on the General Plan
Diagram. The legend on the Plan Diagram includes an abbreviated version
of the descriptions.
The classifications are adopted as General Plan policy and are intentionally
broad enough to avoid duplication of the City's zoning regulations. More
than one zoning district may be consistent with a single General Plan use
category. For most uses, a maximum permitted rate of gross floor area to
site area is specified. The floor area ratio (FAR) is a broad control of
building bulk that limits both visual prominence and traffic generated.
BUSINESS PARK
Harbor Bay Business Park and portions of Marina Village consist primarily
of offices, but also may include research and development space,
manufacturing, and distribution. Harbor Bay plans include a small amount
of retail space and . * ronoo cr" • - 4., hotels. Both business parks are
characterized by mostly two and three story buildings with surface parking
lots and a relatively low FAR of 0.5 to 1.0 depending on the size of the
building and the lot. Within the Harbor Bay Business Park, the maximum,
FAR for development on the waterfront and between the lagoon and the
bay is limited to 0.5 Lyn is with increases up to a maximum
of 2 permitted, proportional to the amount of required parking enclosed in a
structure.
Oaktand
Airport
HOLD HARMLESS. The Applicant shall defend (with counsel acceptable to the
City), indemnify, and hold harmless the City of Alameda, the Alameda City Planning
Board and their respective agents, officers, and employees from any claim, action, or
proceeding (including legal costs and attorney's fees) against the City of Alameda,
Alameda City Planning Board, and their respective agents, officers, or employees to
attack, set aside, void or annul, an approval by the City of Alameda, the Planning, Building
and Transportation Department, Alameda City Planning Board, or City Council related to
this General Plan text amendment. The City shall promptly notify the Applicant of any
claim, action, or proceeding and the City shall cooperate in such defense. The City may
elect, in its sole discretion, to participate in the defense of said claim, action, or
proceeding.
NOTICE. No judicial proceedings subject to review pursuant to California Code of
Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following
the date of this decision plus extensions authorized by California Code of Civil Procedure
Section 1094.6.
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in regular meeting
assembled on the 5th day of November 2019, by the following vote to wit:
AYES: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy
Ashcroft — 4.
NOES: Councilmember Daysog — 1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 6th day of November 2019.
Lara Weisiger, Clerk
City of ameda
APPROVED AS TO FORM:
Yibin Shry-', City Attorney
City of diameda