Ordinance 3340CITY OF ALAMEDA ORDINANCE NO. 3340
New Series
AMENDING THE ALAMEDA LANDING WATERFRONT MASTER
PLAN TO REPLACE A REQUIREMENT FOR A 5,000 SQUARE
FOOT COMMERCIAL RETAIL LOT WITH OTHER LAND USES AT
THE NORTHERN TERMINUS OF FIFTH STREET AT ALAMEDA
LANDING
WHEREAS, the 2017 Alameda Landing Waterfront Master Plan and Bay 37
Development Plan authorize residential development along the waterfront at 2800 Fifth
Street, provided that the development include 5,000 -square -feet of space for commercial,
retail, and/or commercial recreational uses; and
WHEREAS, on August 22, 2022, Pulte Home Company, LLC ("Pulte") submitted
Master Plan/Development Plan Amendment Application No. PLN22-0401 to amend the
2017 Alameda Landing Waterfront Master Plan and Bay 37 Development Plan to replace
the requirement for 5,000 square feet of commercial space with one of the following
options:
• Alternative #1. No action; keep commercial building requirement;
• Alternative #2. Two Moderate -Income single-family detached units and a
recreation center on a separate lot conveyed to the City at no cost;
• Alternative #3. 5,000 square feet of public open space and public access
easement;
• Alternative #4. Two Low -Income single family detached units and public open
space;
• Alternative #5. Five Low -Income townhomes; and
WHEREAS, the subject property is designated Medium Density Residential on the
General Plan Diagram; and
WHEREAS, the subject property is located in a M -X (Mixed -Use Planned
Development) Zoning District which requires a master plan for the development; and
WHEREAS, the subject property is located within the MF (Multi -Family Residential
Combining Zone) Overlay District; and
WHEREAS, on December 5, 2006, the City Council adopted Resolution No. 14047
certifying the Final Supplemental Environmental Impact Report for the Alameda Landing
Mixed Use Development Project ("2006 Supplemental EIR", a Supplement to the 2000
Catellus Mixed Use Development Project EIR) in accordance with the California
Environmental Quality Act (CEQA) (State Clearinghouse #2006012091), and the City has
prepared several addenda to the 2006 Supplemental EIR in 2007, 2008, 2012 and 2017
(collectively, "Previous CEQA Documents"); and
WHEREAS, on January 2, 2007, the City Council adopted Ordinance 2957
approving and amendment to the Alameda Landing/Bayport Master Plan; and
WHEREAS, on September 5, 2017, the City Council adopted Ordinance No. 3188
amending the Alameda Landing Master Plan ("2017 Master Plan") and approved an
Addendum to the Supplemental EIR; and
WHEREAS, on October 14, 2019, the Planning Board approved the Bay 37
Development Plan, Density Bonus Application, and Tentative Map to construct 357
residential units, 5,000 -square -feet of commercial space, internal roadways and alleys,
parks and open space; and
WHEREAS, on December 9, 2019, the Planning Board adopted Resolution No.
PB -19-20 and approved Design Review for the Alameda Landing Waterfront Mixed Use
project to construct the 357 residential units within the approximately 17.2 -acre site
located at 2800 Fifth Street, which included a site for the 5,000 -square -foot commercial
development on Fifth Street adjacent to the waterfront park subject to conditions of
approval. One condition of approval required the applicant to return to the Planning Board
for design review for the commercial building; and
WHEREAS, on December 13, 2021, the Planning Board amended Resolution No.
PB -19-21 to modify the timing for Design Review approval of the commercial building to
avoid a delay in housing construction at the site. The Planning Board agreed with the
applicant that a retail commercial use at the site would be difficult to maintain given the
uncertain economic outlook for retail spaces, and noted the importance of having a
community space next to the waterfront park. The Board directed the applicant to work
with staff to return with a plan that included some form of community benefit; and
WHEREAS, on October 10, 2022, the Planning Board held a duly noticed public
hearing to consider a recommendation from City staff and Pulte Homes to amend the
2017 Master Plan and Bay 37 Development Plan to replace the 5,000 square foot
commercial building with two moderate -income single-family detached units and a
community building on a separate lot conveyed to the City at no cost. At the meeting
several Bay 37 residents opposed, the staff recommendation and the Planning Board
motion to approve failed. The Planning Board advised the applicant to seek input from
the community and evaluate alternative proposals; and
WHEREAS, following the Planning Board's direction, Pulte and City staff continued
to explore additional alternatives, and hosted a community meeting with the Bay 37
residents to discuss the alternatives; and
WHEREAS, on February 13, 2023, the Planning Board held a duly noticed public
hearing to consider the Proposed Amendments and adopted Resolution No. PB -23-02
recommending the City Council approve one market rate single family home with a
maximum height of 20 feet on half of the site, and public open space on half of the site
adjacent to the Bohol Circle Immigrant Park and Fifth Street. In addition, the Planning
Board recommended that Pulte designate two additional units among the unsold units in
the development as very -low income affordable housing units; and
WHEREAS, on April 18, 2023, the City Council held a duly noticed public hearing
to consider amendments to the 2017 Alameda Landing Waterfront Master Plan to replace
the 5,000 square foot commercial requirement, and examined all submitted materials and
received oral and written public comments regarding the Proposed Amendments; and
WHEREAS, on the same date, the City Council also considered a companion
resolution amending the Bay 37 Development Plan to make corresponding changes to
the 5,000 square foot commercial requirement.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Alameda
that:
Section 1. Findings. The City Council makes the following findings to amend the
2017 Alameda Landing Waterfront Master Plan to replace the requirement for 5,000
square feet of commercial space located in the Residential Sub Area at the Alameda
Landing waterfront with two Low -Income single family detached units and public open
space on the site.
1. California Environmental Quality Act. The City Council finds, based on substantial
evidence in the record, the potential environmental effects of the proposed project
were considered and disclosed pursuant to CEQA in the Previous CEQA
Documents. No further environmental review is required under CEQA Guidelines
Sections 15162 and 15163. The amendments to the Alameda Landing Waterfront
Master Plan and Bay 37 Development Plan will not result in any new environmental
impacts or cause any previously disclosed significant impacts to become more severe,
and all mitigations specified in the Previous CEQA Documents are included as
conditions of approval for the project as required by the Alameda Landing Master Plan;
and
2. The development is a more effective use of the site than is possible under the
regulations for which the PD district is combined (AMC Section 30-4.13). The
Proposed Amendment implements the City of Alameda General Plan, the MX Mixed
Use and MF Multifamily Zoning District requirements for the site, and is a more
effective use of the site than the current requirement for a commercial building.
Economic factors and vacancy rates of nearby retail establishments indicate that a
commercial building will likely fail to attract viable business tenants and will remain
vacant space. Instead, the Proposed Amendment provides other means to utilize the
site consistent with the Master Plan's mixed use intent.
3. 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 (AMC Section 30-21.3). The Proposed Amendment
consists of minor changes that qualify 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 Proposed
Amendment conforms to the General Plan Waterfront Mixed Use and Medium Density
Residential land use 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.
4. The proposed use will be served by adequate transportation and service
facilities including pedestrian, bicycle, and transit facilities (AMC Section 30-
21.3). The Proposed Amendment consists of minor changes designed to be
compatible with pedestrian, bicycle, and transit facilities approved for the Alameda
Landing Waterfront Mixed Use Development and ensures that the development of the
property is compatible with existing and potential contiguous uses.
5. The proposed use, 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 (AMC Section 30-21.3). The Proposed Amendment consists of minor
changes that will implement the General Plan and provides for a mixed-use
development pursuant to the MX Mixed Use Planned Development Zoning District.
The Proposed Amendment is consistent with the General Plan and MX District. In -
lieu of a commercial building, the Proposed Amendment provides other means to
utilize the site consistent with the Master Plan's mixed use intent.
6. The proposed use relates favorably to the General Plan (AMC Section 30-21.3).
As documented in the April 18, 2023 City Council staff report and associated
materials, the Proposed Amendment is minor relative to the overall Alameda Landing
Waterfront Mixed Use Project. The Master Plan is in substantial conformance with,
and implements, the City of Alameda General Plan, Housing Element, and Zoning
Ordinance policies and standards for the site.
Section 2. Chapter 4 (Alameda Landing Mixed -Use Center), page 50-f of the
Residential Sub -Areas section of the Alameda Landing Master Plan is hereby amended
as follows:
"Mixed Use: The Master Plan Sub -Area requirements for retail, restaurants, health
club space, entertainment space, personal and consumer -oriented business
services space, visitor -serving uses, water -oriented uses, the Waterfront Plaza
Node, vertical mixing of uses, or a mix of uses shall not apply, provided that the
residential development plan includes a minimum 5,000 -square -foot area
containing public space and two Low -Income single-family homes facing the
Waterfront Plaza and water shuttle landing or along 5th Street.
Section 3. Severability. If any provision of this Ordinance is held by a court of
competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this
Ordinance that can be given effect without the invalid provision and therefore the
provisions of this Ordinance are severable. The City Council declares that it would have
enacted each section, subsection, paragraph, subparagraph and sentence
notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph
or sentence.
Section 4. Implied Repeal. Any provision of the Alameda Municipal Code inconsistent
with the provisions of this Ordinance, to the extent of such inconsistencies and no further,
is hereby repealed or modified to the extent necessary to effect the provisions of this
Ordinance.
Section 5. 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 6. Authority. This Ordinance is enacted pursuant to the City of Alameda's
general police powers, Section 1-2 of the Charter of the City of Alameda, and Article XI
of the California Constitution.
S'i
Presiding Officer of •tie City Council
Attest:
Lara Weisiger, City Clerk
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 this 2nd day of May 2023, by the following vote to wit:
AYES: Councilmembers Jensen, Vella and Mayor Ezzy Ashcraft — 3.
NOES: Councilmembers Daysog and Herrera Spencer - 2.
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 May 2023.
Lara Weisiger, City Cler'ic''.
City of Alameda
Approved as to form:
Yibin Shen, City Attorney
City of Alameda