Ordinance 3351 CITY OF ALAMEDA ORDINANCE NO. 3351
New Series
AMENDING THE ALAMEDA MARINA MASTER PLAN AND APPROVING
DENSITY BONUS APPLICATION NO. PLN23-0179 TO INCREASE THE
ALAMEDA MARINA SITEWIDE HOUSING UNIT COUNT FROM 760 UNITS TO
801 UNITS
WHEREAS, Alameda Marina, LLC (Applicant) has acquired approximately 27.08
acres in fee, and approximately 17.06 acres in leased land pursuant to the Tidelands and Marina
Lease with the City of Alameda, consisting of a total of approximately 44 acres of real property
commonly known as the Alameda Marina site, with an address of 1815 Clement Avenue, City
of Alameda, County of Alameda (APN 071-0288-003 and 071-0257-004(for the leased areas of
the site); 071-0257-003-01 and 071-0288-001-02 (for the fee areas of the site)); and
WHEREAS, the Alameda Marina site is designated as Mixed Use in the Alameda 2040
General Plan, which encourages a wide variety of housing types, including multifamily housing,
and a wide variety of commercial and business uses; and
WHEREAS, the Alameda Marina site is zoned MX (Mixed Use) and MF (Multifamily
Residential) on approximately 27.08 acres (which includes unbuildable area of submerged lands
between tidelands parcels), and M-2 (General Industrial) on approximately 17.06 acres (which
includes unbuildable area of submerged lands between tidelands parcels) 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 project qualifies for a density bonus under State Density Bonus Law,
Government Code section 65915 et seq., and is a residential project that is governed by the
Housing Accountability Act, Government Code section 65589.5; and
WHEREAS, in July 2018, the Alameda City Council certified the Alameda Marina Final
Environmental Impact Report (EIR) and approved the Alameda Marina Master Plan, which
established standards, maps and diagrams for the development of a mixed use plan for the
property that includes up to 760 multifamily housing units, up to 250,000 square feet of commercial
and maritime commercial space, about 3.59 acres of shoreline open space, about 17.1 acres
dedicated to marina operations, and a 530 slip marina; and
WHEREAS, all of the Clement Avenue frontage improvements for all phases and all of
the pile driving for the shoreline improvements for all phases occurred prior to the construction
of the first residential or commercial building, and Phase I of the Master Plan project, consisting
of 360 residential units is completed and Phase II, consisting of 182 townhomes is under
construction; and
WHEREAS, the City Council adopted the Alameda 2040 General Plan in 2021 and
adopted the 2023-2031 Housing Element in 2022 that was deemed compliant by the California
Department of Housing and Community Development to facilitate production of 5,353 housing
units over the next eight years; and
WHEREAS, on April 23, 2023, the Applicant applied for a Master Plan Amendment to
increase the sitewide housing unit count from 760 units to 801 units and related Density
Bonus application; and
WHEREAS, on July 10, 2023, the Planning Board of the City of Alameda held a duly
noticed public hearing on the subject application for a Master Plan Amendment and Density
Bonus and examined all pertinent application materials and public testimony.
WHEREAS, on July 10, 2023, the Planning Board held a duly noticed public hearing and
unanimously adopted Resolution No. PB-23-12 recommending that City Council approve the
Master Plan Amendment and Density Bonus application; and
WHEREAS, on September 5, 2023, the City Council held a duly noticed public hearing,
and examined all submitted materials and received oral and written public comments regarding
the Master Plan Amendment and Density Bonus to increase the housing unit count from 760 units
to 801 units.
WHEREAS, the City Council finds, based on substantial evidence in the entire record
before the City, that the environmental effects of the proposed project were considered and
disclosed in the Alameda Marina Master Plan Environmental Impact Report (EIR) (Alameda
Marina EIR, State Clearinghouse#2016102064) and the Final EIR for the Alameda 2040 General
Plan (General Plan EIR, State Clearinghouse #2021030563). None of the circumstances
necessitating further environmental review exists under California Environmental Quality Act
(CEQA) Guidelines Sections 15162 and 15163.
The proposed project relies on previous CEQA documents including (1) the Alameda
Marina EIR, which analyzed development of 779 new residential units, a marina with 530 boat
slips and a harbormaster's office, approximately 250,000 square feet of maritime and commercial
uses, and approximately 3.59 acres of waterfront-related public open space and parks, and (2)
the General Plan EIR, which analyzed and disclosed the environmental impacts of up to 12,000
new housing units and 12,000 new jobs citywide by 2040.
The proposed project, including the Master Plan Amendment to increase the total number
of residential units on the entire Alameda Marina site from 760 units to 801 units (an increase of
41 residential units, and a net increase of 22 units above what was analyzed in the Alameda
Marina EIR), does not change the analysis and conclusions made in either the Alameda Marina
EIR or the General Plan EIR. As CEQA review of a previously approved project requiring a further
discretionary approval is limited to the incremental impacts not previously analyzed in an EIR, for
purposes of the CEQA environmental analysis, the modification to the project is only an increase
of 22 residential units (801 units - 779 units = 22 units). All 22 units will be contained within the
same building footprint, size, and height as the Phase III development envisioned in the previously
approved Master Plan, the impacts of which were analyzed and disclosed in the Alameda Marina
EIR.
The proposed Phase III Wrap B residential building will not result in any new environmental
impacts or cause any previously disclosed significant impacts to become substantially more
severe, and all mitigation measures specified in the Alameda Marina Master Plan EIR are
included as conditions of approval for the project as required by the Alameda Marina Master Plan.
All other features of the project analyzed in the EIR would be the same: there are no changes to
the proposed building footprint, the proposed depth of the building's foundation, or the proposed
construction methods. There are no substantial changes proposed to the Alameda Marina project
that would require major revisions of the EIR due to the involvement of new significant
environmental effects or a substantial increase in severity of previously identified significant
effects. Therefore, no further environmental review is required; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda that:
Section 1. Findings. In enacting this Section, the City Council finds as follows:
1. The Master Plan Amendment proposes a more effective use of the site than the
previously approved Phase Ill of the Master Plan (AMC Section 30-4.13). The
proposed Master Plan Amendment facilitates a more effective use of the existing Wrap
B phase by allowing more housing units to be built within the same building envelope
as previously approved in the Master Plan. As a result, the City gains 41 total housing
units toward its 5,353 unit Housing Element goal.
2. 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 Wrap B building
satisfies the purposes of the MX, Mixed-Use Planned Development Zoning District and
MF Multifamily Overlay District regulations by placing residential development near
the commercial core and maritime uses. The design of the building is consistent with
the design guidelines set forth in the Alameda Marina Master Plan, and, provides
architectural, open space, view corridor, parking, and public access improvements
called out in the Master Plan to ensure the project design is architecturally,
aesthetically, and operationally harmonious with the community and surrounding
development.
3. 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 project does not modify the overall Master Plan vision for a
mixed-use, residential and commercial maritime waterfront development that supports
multi-modal methods of travel. The Wrap B project will conform to the Master Plan
street network, orientation of buildings toward Clement Avenue, and programming of
uses along Clement Avenue and within the site. The location of bicycle facilities and
pedestrian facilities are all designed to complement and support the planned
surrounding uses. The residential plans provide for a well-designed pedestrian
network, bicycle access, and vehicular access. The proposed waterfront promenade
will support and encourage use of and access to the waterfront.
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 (AMC Section 30-21.3). The proposed Master Plan Amendment and
proposed Phase III Wrap B residential building will not result in any new environmental
impacts or cause any previously disclosed significant impacts to become substantially
more severe, and all mitigations specified in the Alameda Marina Master Plan EIR are
included as conditions of approval for the project as required by the Alameda Marina
Master Plan. All other features of the project analyzed in the EIR would be the same:
there are no changes to the proposed building footprint, the proposed depth of the
building's foundation, or the proposed construction methods. Hence, the project will
not adversely affect other property in the vicinity and will not have substantial
deleterious effects on existing business districts or the local economy.
5. The Master Plan relates favorably to the General Plan (AMC Section 30-21.3). As
documented in the corresponding September 5, 2023 City Council staff report and the
July 10, 2023 Planning Board 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
proposal implements General Plan policies for mixed use redevelopment of a former
industrial site in the Northern Waterfront while retaining waterfront and commercial
businesses, increases housing opportunities for a variety of household type. The
proposal does not alter Master Plan provisions for improving Clement Avenue and
increasing transit services in the area, nor does it change the Master Plan's goal of
increasing public access to public waterfront parks in the area for all Alameda
residents.
6. The proposal qualifies the project for a density bonus of 25% under Government
Code Section 65915 and Alameda Municipal Code Section 30-17. The permitted
base density on the Alameda Marina site is 649 multifamily residential units. The
Applicant is proposing to provide 7% (46) of the units to be deed restricted to very low-
income households, which qualifies the project for a 25%density bonus, or a maximum
allowable residential density of 812 units. As authorized by state law, the applicant is
electing a lesser percentage of density increase and proposes to build 801 units.
Section 2. The Master Plan Amendment and related Density Bonus to increase the sitewide
housing unit count from 760 units to 801 units is approved and adopted.
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. 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 5. 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.
Section 6. The Alameda Marina Master Plan text shall be amended as follows:
• All references to "760" total housing units and "104" affordable or deed restricted
housing units (including but not limited to references on pages 4, 40, 43, 44, and
49 of the Master Plan) shall be revised to state "801" housing units and "117"
affordable or deed restricted housing units.
• The table on page 43 titled "Allowable Residential Units With Density Bonus
Application (5% Very Low Income)" shall be replaced with the following table:
Allowable Residential Units With Density Bonus Application (7% Very-Low Income) __
Total — Affordable Units
Units Total I Moderate- Low- Very Low-
Affordable Income Income Income
Phase I -Wrap A: Launch 360 49 21 12 16
Phase II - Townhomes _ 182 I 25 11 7 7
Phase III -Wrap B: Foundry 259 43 13 7 23
Master Plan Total 801 117 45 26 46
% of Total - 100% 18%* 7% 4% 7%
*Percentage of the base 649 units
• Row three in Table 6.1 - Density Bonus Application shall be amended to state
"Very-Low Income —7%"
• Row four in Table 6.1 - Density Bonus Application shall be amended to state "Very
Low Income percentage was increased to 7%from 4%. According to State Density
Bonus Law and the Alameda Municipal Code, the Alameda Marina Master Plan
Project qualifies for a 25% density bonus."
• Section 8.1 on page 60 shall be amended as follows:
"8.1 Affordable Housing Plan
Since the Master Plan seeks to provide additional affordable housing units in
excess of that required, the additional units will qualify the project for affordable
housing incentives, waivers, and a density bonus in accordance with AMC 30-17
Affordable Housing Density Bonus. As such, the project will build 444 117
affordable units (16% 18% of the Base Density of 649 units), broken down as
follows:
Five percent (5%) Seven percent (7%) of all units shall be affordable to
very low- income households (33 46 units).
• Four percent(4%) shall be affordable to low income households (26 units).
• Seven percent (7%) shall be affordable to moderate income households
(45 units).
The project developer/owner may enter into an agreement with the Alameda
Housing Authority or a non-profit housing developer to construct a portion of the
units, but any such agreement shall not override the requirements of this Master
Plan or the approved Affordable Housing Agreement with the City of Alameda. The
project developer/owner may also seek whatever funding sources it deems
necessary, including Low Income Housing Tax Credits and/or tax-exempt bond
financing, to construct the affordable housing units, but failure to secure said
funding shall not override the requirements of this Master Plan or the approved
Affordable Housing Agreement with the City of Alameda. This Master Plan and the
Affordable Housing Agreement will ensure that the affordable units are provided in
the project and concurrent with the provision of the market rate units, the project
developer/owner shall comply with the following regulations:
1. The project developer/owner shall enter into an Affordable Housing
Agreement, covering all affordable units, with the City of Alameda prior to issuance
of the first Building Permit for the first market rate building to be constructed on the
Master Plan area, or prior to approval of the first final map for the project,whichever
occurs first.
2. The 1-04 117 affordable units will be spread among and within the market
rate units throughout the site, built in proportion to the general size and
configuration of the market rate units, and on a similar timing to the market rate
units to ensure that all of the affordable units are constructed and that each phase
includes an appropriate proportion of the affordable units. This will be specified
further in the Affordable Housing Agreement required by paragraph #1.
3. The Development Plan and Design Review plans for each residential
building shall include the necessary information and shall be conditioned to ensure
compliance with paragraph #2.
4. In the event that the Alameda Housing Authority chooses to enter into an
agreement with the property developer/owner for a portion of the affordable units,
the Planning Board may waive or adjust the timing requirements described above
for the construction and occupancy of one or more of the buildings upon request
from the Alameda Housing Authority, if the Planning Board is able to make the
finding that the adjustment in the timing requirements is necessary to facilitate the
provision of affordable housing or improve the overall coordination of development
activities on the properties." !,
Presiding Officer.the City Council
Attest:
Lara Weisiger, City Clerk
City of Alameda
* * * * * *
i, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by Council of the City of Alameda in regular meeting assembled on the 19th
day of September 2023, by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Jensen, Vella and
Mayor Ezzy Ashcraft— 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of
said City this 20th day of September 2023.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS-TO
Yibin Shefi, City-A orney
City of Alarr,>e¢a`