Title
PLN24-0081 - 2433 Mariner Square Loop - Applicant: Martin Mariner Square LLC / Mash Petroleum Inc. - Public Hearing to consider Design Review approval to allow the development of a 8-story residential building with 356 units in a gross floor area of approximately 488,000 sq.ft. with 283 on-site parking spaces in a multi-story garage and 124 off-site parking spaces in an adjacent lot under lease from Caltrans. General Plan: Mixed Use. Zoning: M-2 / MF - Industrial - Multi-Family Overlay. CEQA Determination: Class 32 urban infill exemption - no exceptions or unusual circumstances apply; on a separate and independent basis, design review approval for a permitted use is not subject to CEQA pursuant to McCorkle Eastside Neighborhood Group v. City of St. Helena (2018) 31 Cal.App.5th 80.
Body
To: Honorable President and Members of the Planning Board
From: Steven Buckley, Planning Services Manager
Allen Tai, Director of Planning, Building and Transportation
BACKGROUND
In December of 2022 the City adopted the 2023-2031 Housing Element and associated zoning amendments to meet the City’s obligations under State law to provide for the development of 5,353 new housing units during the planning period to meet the City’s Regional Housing Needs Assessment allocation. Those amendments included, among other things, zoning text amendments to increase allowable densities, zoning map amendments to redesignate commercial and industrial sites to allow housing development, and procedural streamlining measures such as by-right approval of residential development that meets site development parameters and objective design standards.
One of the sites that was redesignated is located at 2433 Mariner Square Loop (also including 2363 and 2381 Mariner Square Drive and 2415 Mariner Square Loop). Comprising four parcels, each occupied by a two-story commercial office building, the triangular 2.39-acre site is located approximately 500 feet inland from the estuary, bounded on all sides by streets and paved parking lots, adjacent to a mix of office, residential, commercial retail, and indoor and outdoor storage uses. In this eclectic environment, there is no particular design theme or site development pattern, though there are some newer three-story residential uses roughly 100 feet to the west.
Despite challenging market conditions, the City was pleased to receive the subject application on one of the City’s designated housing opportunity sites. The applicant proposes to redevelop the site as an eight-story residential project with a three-story garage within the podium levels wrapped by residential units facing the building exterior and an additional five stories of residential units above, to a height of 85 feet plus a parapet and site fill for a maximum height above existing grade of just over 90 feet. There would be 356 dwelling units comprised of 55 studios, 200 one-bedroom and 101 two-bedroom units in about 300,000 net square feet of floor area, plus circulation space, amenity areas, and parking garage areas in 170,000 square feet. The parking garage, accessed from Mariner Square Loop, would include 283 vehicle spaces and 356 bicycle parking spaces on site plus 124 vehicle spaces in an adjacent lot leased from Caltrans (located over the Webster tube).
The applicant has provided architectural / landscape plans that respond to the zoning ordinance development standards and objective design review standards, and has provided consultant reports that address environmental review criteria to demonstrate that the project qualifies for a CEQA exemption. Staff has reviewed the project with other departments on several occasions; the applicant has responded to the comments and staff has incorporated conditions of approval to ensure compliance with site development requirements related to vehicular circulation, fire access, trash collection, and related matters.
DISCUSSION
Review Criteria
The project is eligible for streamlined review and approval based on the Multi-Family Residential zoning combining district, which states that residential use is a by-right use subject only to design review consistent with Government Code section 65589.5. This State law prevents the City from denying the project or imposing a design condition that would result in reduced density unless specific findings are met. (Section 65589.5(j).)According to that State law, the project is subject only to “objective, quantifiable, written development standards, conditions, and policies” which means criteria that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.
Development Standards
The site is zoned M-2-PD/ MF, which is a unique combination of general industrial (manufacturing) zoning and the Multi-Family Residential (MF) combining district. The MF designation allows the underlying zoning uses, which include a broad range of heavy industrial uses, and adds as allowed uses multi-family, transitional housing, supportive housing, shared living and residential care facilities. In order to encourage effective infill housing, the MF district has a minimum residential density of 30 units per acre. It allows building heights of up to 65 feet or more if the underlying district permits higher buildings; the maximum building height of the underlying M-2 zoning district is 100 feet, with a 5-foot front yard. Lot coverage is limited to 80%. There is no open space requirement in the underlying M-2 zoning district or MF district. The maximum parking ratio is 1.5 spaces per unit (with certain percentages for electric vehicle charging and accessible parking), and the bicycle parking ratio is one long-term space per unit and one short term space per five units. The project is compliant with each of these standards.
Design Review Standards
The findings for discretionary Design Review are contained in AMC Section 30-37-5:
a. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.
b. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses; and
c. The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.
Staff has prepared draft findings that support approval of the project based on compliance with the Design Review findings and the Design Review Manual (see Exhibit 1).
As State law has been moving towards objective, rather than subjective, design review of multi-family housing projects, the City has also recently adopted Objective Design Review Standards. These standards closely mirror the City’s subjective design standards but are more in line with the State’s trend towards objective standards. Compliance with Objective Design Review Standards serves as a threshold for eligibility for other streamlining in the City code and State law.
Objective Design Review Standards
Objective design review standards, amended and restated in July 2023, address several aspects of multifamily developments, including site design (parking and landscaping), building mass and articulation (façade articulation and transparency), building orientation and entries, and architectural details (siding, windows, balconies and equipment).
The applicant has provided a checklist and notes on the plans to illustrate compliance with the ODRS. The following is a summary of the compliance checklist and plans.
Parking is limited to the interior of the building, an existing lot on the Caltrans property, and a small drop-off area in front of the building. The garage entry is located on a secondary frontage with a recessed door that allows for a vehicle waiting to enter to not block the sidewalk.
Landscaping would be provided around the perimeter of the building including the preservation of a prominent grove of redwood trees (arborist report attached), stormwater planters around the foundation perimeter of the building, street trees, and podium level open spaces.
The site elevation would be raised by three feet to accommodate the local floodplain conditions as mapped by FEMA and projected sea-level rise, so a series of ramps and stairs would be provided to access the building.
Exterior materials include stucco, brick veneer, wood-look siding, and metal with vinyl and aluminum window frames and balconies with glass guardrails. The façade would include a number of offsets in the form of recessed balconies, changes in plane where materials also change, and cornices near the parapet. Transparency would be provided at the lobby and around the building, with openings along the street level on all sides. Direct access to the entry would be provided from the streets with roofed projections to protect pedestrians from inclement weather.
Staff believes compliance with the Objective Standards will satisfy the design review findings as detailed in the attached Resolution.
Other Considerations
The applicant has provided a draft TDM plan, which has been reviewed by staff and found generally acceptable. However, minor modifications are recommended to update the requirements based on recent changes in how the Alameda Transportation Management Agency operates. A condition of approval has been included in the draft resolution to this effect.
A public art location has not been designated at this time. The applicant may opt to pay the in-lieu fee.
An affordable housing plan will be required to identify the specific units and affordability levels. The plans indicate a general strategy to include a variety of studio, one- and two-bedroom units.
PUBLIC NOTICE
This agenda item was advertised in the Alameda Sun and public notices were posted as required by the Alameda Municipal Code. No public comments have been received as of the writing of this staff report.
ENVIRONMENTAL REVIEW
The project is exempt from evaluation under the California Environmental Quality Act (CEQA). A Class 32 exemption applies to infill development projects that meet the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value, as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. The applicant has provided technical analyses and development plans that demonstrate compliance with these criteria. The applicant has also provided reasons that the exceptions found in CEQA Guidelines section 15300.2 do not apply.
Separately, because it only requires Design Review approval, the project is not subject to further CEQA review pursuant to McCorkle Eastside Neighborhood Group v. City of St. Helena (2018) 31 Cal.App.5th 80. Under McCorkle, local design review does not require environmental review when it is the only discretionary aspect of a project, and the agency lacks authority to disprove the project or otherwise mitigate non design related environmental impacts. McCorkle applies when an agency’s discretion over a project is limited to aesthetic and design issues such as orientation, bulk, materials, and colors. Here, the project is located in the City’s Multi-Family Residential Combining District, and within the district, the proposed multifamily housing project is permitted by right and is not subject to discretionary review, except for Design Review, pursuant to AMC Sec. 30-4.23(c)(1). Accordingly, no CEQA review is required because the City’s review of the project is limited to design issues.
RECOMMENDATION
Hold a public hearing and approve the Design Review permit for an eight-story, 356-unit residential building per the findings and conditions of approval set forth in the Draft Resolution (Exhibit 1).
Prepared by,
Steven Buckley, Planning Services Manager
Exhibits:
1. Draft Resolution
2. Project Plans
3. Project Support Documentation
a. Class 32 Categorical Exemption
b. Site Access and Circulation Review
c. Transportation Impact Analysis
d. Transportation Demand Management Plan
e. Air Quality / Health Risk Assessment
f. Noise and Vibration Assessment
g. Arborist Report
4. Objective Design Review Standards Checklist