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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`