Loading...
Resolution 14496ve as to F r CITY OF ALAMEDA RESOL UTION NO. 4 4 4) 6 UPHOLDING THE PLANNING BOARD'S DECISION TO DENY THE BOATWORKS RESIDENTIAL PROJECT PLANNED DEVELOPMENT AND DESIGN REVIEW (PLNO8-0160) WHEREAS, Robert McGillis and Phillip Banta of Banta Associates ( "applicants ") submitted an application, on behalf of the property owner, Francis Collins, requesting approval of a Zoning Code Amendment, Planned Development Permit, and Design Review to construct 242 residential units, and a small boat marina on an approximately 9.5 -acre site consisting of two (2) parcels located at 2229 -2235 Clement Avenue (the "Proposed Project "); and WHEREAS, the Proposed Project site is within the Specified Mixed Use -5 (MU -5) General Plan designation; and WHEREAS, approximately 4.48 acres of the site are located within the M -2, General Industrial (Manufacturing) Zoning District and approximately 5 acres of the site are located in the R -2 /PD, Two - Family Residence /Planned Development Combining Zoning Districts; and WHEREAS, the City of Alameda prepared an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act ("CEQA "), Public Resources Code section 21000 et seq., analyzing the significant effects on the environment of the Proposed Project and alternatives to the Proposed Project as required by CEQA; and WHEREAS, the alternatives to the Proposed Project analyzed in the FIR include a Reduced Density Alternative consisting of approximately 175 residential units, internal circulation roadways and pedestrian paths, a small boat marina, and a wider waterfront esplanade than the Proposed Project, including two acres of public open space; and WHEREAS, the analysis of the 242 -unit Proposed Project in the EIR concludes that the Proposed Project would result in specific adverse impacts on public health and safety as described in the staff report and in the findings below; WHEREAS, the FIR for the project concludes that the 242-unit Proposed Project would result in significant unavoidable adverse effects on the environment ( "significant unavoidable impacts "), which include significant unavoidable impacts on air quality, significant unavoidable contributions to climate change, and significant unavoidable impacts on pedestrian and vehicular transportation and circulation, and WHEREAS, the ElR concludes that certain significant unavoidable impacts of the Proposed Project could be substantially reduced, avoided or lessened by the Reduced Density Alternative; and WHEREAS, on April 26, 2010, the City of Alameda Planning Board held a public hearing on the Draft EIR; and WHEREAS, on May 24, 2010, the City of Alameda Planning Board held a public hearing on the proposed project and the reduced density alternative; and WHEREAS, at public hearings on April 26, 2009 and May 24, 2010, Mr. Banta addressed the Planning Board and stated that Mr. Banta and Mr. Collins believed that a reduced density alternative of approximately 175 to 179 residential units, with two acres of open space, is a feasible alternative that could meet the project objectives; and WHEREAS, on May 24, 2010, Mr. Banta presented to the Planning Board and the Alameda community a proposal by Mr. Collins for a reduced density alternative of 179 residential units and two acres of public open space; and WHEREAS, on June 21, 2010, Mr. Banta presented a revised reduced density alternative acceptable to the property owner which included 182 residential units and two acres of open space and the Planning Board's requested changes to the roadway network; WHEREAS, CEQA allows the City of Alameda to reject a proposed project, especially if a feasible alternative is available that meets all of the basic project objectives; and WHEREAS, the property owner, the applicants, and City staff have been working cooperatively over the last two years to develop a feasible alternative to the 242 -unit Proposed Project that would meet the project objectives and reduce the adverse impacts associated with the 242 -unit proposal; and WHEREAS, the Planning Board held a public hearing on this application on June 21, 2010, and has examined the administrative record of the proceedings, including but not limited to pertinent maps, drawings, and documents; and WHEREAS, the Planning Board reviewed the Final EIR and has found that the EIR was prepared in compliance with CEQA and that a reduced density alternative would reduce the severity of several significant unavoidable impacts, that a reduced density alternative is feasible, and that a reduced density alternative would meet the basic project objectives; and WHEREAS, the Planning Board reviewed and recommended to the City Council a General Plan Amendment and Zoning Amendment that support redevelopment of the site with a reduced density alternative; and 2 WHEREAS, the Planning Board held public hearings on April 26, 2010, May 24, 2010, June 21, 2010, and on July 15, 2010 to review the project application (PLN08 -160) and the design of a reduced density alternative; and WHEREAS, on July 15, 2010 the Planning Board unanimously denied proposed Planned Development and Design Review (PLNO8- 0160); and WHEREAS, the Alameda Municipal code provides that decisions by the Planning Board may be appealed within 10 days of the date of a Planning Board decision; and WHEREAS, Mr. Greg Harper of Harper and Associates filed an appeal on July 21, 2010 appealing the Planning Board's action to deny the project; and WHEREAS, this Council held a de novo public hearing on the proposed project at which all materials submitted and all comments made by all parties, including staff, regarding this application were considered; and WHEREAS, the City Council has madethefollowingfindingswith respect to the use permit application: Environmental Impact: The Proposed Project (PLN08 -0160) would result in significant unavoidable impacts that cannot be mitigated or reduced to a less -than- significant level without a reduction in the density of the project. The Proposed Project would result in significant unavoidable impacts to transportation, air quality, climate change, and historic resources. 2. Traffic and Pedestrian Safety: The Proposed Project would result in significant unavoidable impacts to pedestrian and vehicular traffic and circulation. As described in the EIR, the Proposed Project would result in potential impacts to pedestrians and increased delays for pedestrian crossings. Requiring pedestrians to wait for extended periods to cross a street could result in pedestrians crossing streets without the benefit of stop lights (jaywalking), which can result in pedestrian /vehicular collisions. The reduced density alternative would reduce contributions to these traffic and circulation impacts, because it would generate less vehicular traffic which would reduce the conflict with pedestrians (see impact 4.B -8). 3. Air Quality and Climate Change: The Proposed Project, with its inadequate circulation pattern and poor integration into the existing street grid, as well as the number of dwelling units, would result in an increase in vehicle miles traveled (VMT) that would be greater than the rate of increase in population, which would be inconsistent with the Association of Ba y Area Governments (ABAG) Climate Action Plan. While the same is true for the reduced density alternative, the difference between increased VMT and 3 increased population would be reduced. With the foreseeable addition of future development in the vicinity, in conjunction with past and present development, the Proposed Project would result in significant cumulative air quality impacts and would make a significant contribution to cumulative global climate change. The reduced density alternative would reduce contributions to air quality impacts and global climate change, because it would generate less traffic and associated emissions of air pollutants. 4. Reduced Density Alternative: The EIR identified a "reduced density alternative," which would substantially reduce, avoid, or lessen the severity of the following significant and unavoidable environmental impacts: Impact 4.B -8 (Addition of Project Generated Traffic) would be reduced from significant and unavoidable to less - than - significant with implementation of mitigation identified in the EIR; Impact 4.B -10 (Traffic at Park Street and Clement Avenue Under Cumulative Baseline Conditions) would be reduced from significant and unavoidable to less- than - significant with implementation of mitigation identified in the EIR; and Impact 4.B -18 (Cumulative Traffic on Park Street at the Park Street Bridge) would be reduced from significant and unavoidable to less - than - significant. The reduced density alternative would reduce contributions to the following biological resources and water quality impacts because it does not involve constructing a marina in the Oakland Estuary, as does the Proposed Project: Impact 4.F -1 (Possible Take of Protected Birds or Their Nests); Impact 4.F-4 (Impacts to Special Status Fish Species), Impact 4.F-5 (Possible Adverse Effect on Federally Protected Wetlands). As evidenced by the work completed over the last two years with the applicants and owner, a reduced density alternative is clearly feasible and will meet the basic project objectives. As CEQA expressly acknowledges, the City as lead agency may deny the Proposed Project in favor of a feasible, environmentally superior alternative that also meets the basic project objectives (see, e.g., Public Resources Code sections 21001, 21002.1(b), 21004). 5. Site Plan Design and Emergency Vehicle Access: The Proposed Project is organized around an internal circular alley "loop" system. The Proposed Project's proposed internal circulation system is a circular internal lane system that could be easily blocked by an abandoned vehicle or illegally parked vehicle. The internal alley is designed with a 20 -foot cross section and only two ways in and out. Given the narrow width of the alley system, in order to enable cars and/or emergency vehicles to move through the development no parking would be allowed on the alley "loop" or on either of the two north /south internal alleys within the "loop." If a vehicle is p arked illegally or abandoned on any leg of the loop, that leg would be effectively impassible. In the event that the entrance on Clement Avenue and the entrance on Blanding Way were blocked, no emergency vehicles, fire trucks, or ambulances would be able to access the majority of the 242 units 4 in the development, which could result in loss of life or personal safety. Likewise, in the event of a major fire, earthquake, or other natural disaster, disabled or abandoned cars could easily block the internal "loop" circulation system. If cars are abandoned on the internal system, emergency access and fire truck access to the certain homes could be blocked, which could result in the loss of life. The Proposed Project could result in significant adverse impacts to the public health safety and welfare. There is no feasible method to satisfactorily mitigate or avoid these impacts without rendering the development unaffordable to low- and moderate- income households. 6. Fire Safety: The project design could result in health and safety impacts in the event of a fire. The internal circulation system is in conflict with the California Fire Code (CFC). The CFC requires a fire lane of 26 feet when buildings exceed 30 feet in height. A fire lane must be provided in the immediate vicinity of any building or portion of building more than 30 feet (9144 mm) in height. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (4572 mm) and a maximum of 30 feet (9144 mm) from the building, and shall be positioned parallel to one entire side of the building. The proposed project proposes internal alleys for fire apparatus access that have a clear distance of 20 feet across. The buildings are three story buildings and exceed 30 feet in height. The substandard fire access lanes could result in the loss of life in the event of a fire. There is no feasible method to satisfactorily mitigate or avoid this impact without rendering the development unaffordable to low- and moderate - income households. T Open Space Design and Public Safety: The open space areas and long narrow internal pedestrian corridors in the Proposed Project are inaccessible to emergency or security /police vehicles. The Alameda Police department will not be able to effectively patrol the internal "paseo" areas or the public waterfront path. The alley system effectively blocks the p police department's ability to patrol the area visually from a patrol car. The Proposed Project contains a five -foot public path along the waterfront that is completely obscured from public view, as described above Pedestrians on the waterfront path will be completely obscured from public view b y a police patrol car. The proposed five -foot width does not meet the requirements for a Bay Trail, nor does the open space meet the requirements of the Bay Plan as administered by the Bay Conservation and Development Commission. Although the plans show a variet y of other improvements between the path and the water's edge, those improvements are not on property owned by the applicant and the applicant has no means or ability to construct the improvements. The lands are owned by the United States Army Corp of Engineers, which has neither approved the plans nor approved submittal of an application to construct improvements 5 on the lands. Currently, these lands are in a very dangerous condition and are off limits to the public. The current proposal to place the public adjacent to these dangerous conditions would result in significant safety hazards to the public. 8. Architectural Design: The plan proposes 242 single family homes. Although the homes would vary in size (Le., in the amount of floor area), all 242 homes would be three stories in height with almost identical architectural design, identical roof design and identical architectural features. The Proposed Project exhibits almost no architectural design variation, which will result in a visually unappealing project for both visitors and potential buyers. 9. Parking Design: The Proposed Project includes 392 parking spaces, or 1.6 spaces per unit, and 51 communal, uncovered "guest" parking spaces for a total of 443 spaces. Of the 51 "guest" parking spaces, 15 cannot be accessed without the neighboring property granting an access easement. No such easement has been granted. No parking is provided for the proposed open space. WHEREAS, the City Council finds that the Project will result in significant unavoidable impacts; and WHEREAS, the City Council finds that an alternative project - the reduced density alternative -- is a feasible alternative that meets the basic project objectives and will reduce the impacts of the Project; and WHEREAS, the City Council has reviewed the substance of the appeal, the record of proceedings and the responses to the appeal included in the staff report and the record. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Alameda hereby upholds the decision of the Planning Board and denies proposed Planned Development and Design Review (PLNO8-0160). * * * * * * * * 8 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 5th day of October, 2010, by the followin g vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 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 6th day of October, 2010. Lara Weisiger, Cit City of Alameda