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PLN24-0277 - Administrative Use Permit - 950 West Tower Avenue - Applicant: Pyka Inc. A public hearing to consider an Administrative Use Permit to allow the establishment of an aerospace design development use that will include office, research and development, light manufacturing, warehouse, and ancillary outdoor uses and fencing.
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CITY OF ALAMEDA
PLANNING, BUILDING & TRANSPORTATION DEPARTMENT
ADMINISTRATIVE USE PERMIT
ITEM NO: 3-A
PROJECT
DESCRIPTION: PLN24-0277 - Administrative Use Permit - 950 West Tower Avenue - Applicant: Pyka Inc. A public hearing to consider an Administrative Use Permit to allow the establishment of an aerospace design development use that will include office, research and development, light manufacturing, warehouse, and ancillary outdoor uses and fencing.
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GENERAL PLAN: Mixed Use
ZONING: Alameda Point - Waterfront Town Center District
ENVIRONMENTAL
DETERMINATION: The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303(e) - Accessory Structures; and 15332 - Infill Development. On a separate and independent basis, the environmental impacts of the development of the area were considered in the Alameda Point Project (APP) Final Environmental Impact Report (FEIR) adopted by the City Council on February 4, 2014, in compliance with the California Environmental Quality Act (CEQA).
PROJECT PLANNER: Henry Dong, Planner III
PUBLIC NOTICE: A notice for this hearing was mailed to property owners and residents within 300 feet of the site, published in local newspapers and posted in public areas near the subject property. Staff has received two public comments on this proposed project
EXHIBITS: 1. Project Plans
RECOMMENDATION: Approve the project with conditions.
PROPOSAL SUMMARY:
The applicant is requesting a Use Permit for a light industrial, warehouse and outdoor storage uses with fencing for an aerospace design and manufacturing company located at 950 West Tower Avenue. The building is also known as Building 39, an approximately 106,000 square foot former Naval Air Station hangar that is a contributing structure within the Alameda Naval Historic District. The building was previously occupied by Delphi, Inc. and is currently vacant. Pyka, Inc. has leased the property from the City of Alameda to develop and manufacture autonomous aircraft for agricultural and cargo operations. The lease agreement approved by the City Council on September 5, 2023, outlines the use of the building, the outdoor use and storage area, and a requirement for perimeter fencing. The lease agreement also contains a provision requiring necessary use permits be obtained, as light industrial, warehouse, and outdoor storage with fencing uses require a conditional use permit in the Alameda Point - Waterfront Town Center District pursuant to AMC Section 30-4.24.
Surrounding land uses includes Saildrone, the Alameda Fire Training Division, Kairos Power, Firebrand and existing commercial buildings within the Alameda Point Adaptive Reuse District (AP-AR) located to the north and west. Bladium Sports, Deep Ocean, and other commercial operations within the Alameda Point Waterfront Town Center District (AP-WTC) are located to the east. Adjacent lands to the south include open space within the AP-WTC District and the Seaplane Lagoon.
Pyka designs small, electric autonomous airplanes for specialized tasks and operations, such as agricultural spray operations and delivery of cargo to remote locations with small, dangerous runways. The facility was previously located in the City of Oakland. The proposed use permit will allow Pyka to continue development of its airplane technology at Alameda Point in a building originally designed by the U.S. Navy for airplane maintenance. Building 39 will house Pyka’s administrative offices, research and development activities, and manufacturing of prototypes, light assembly and warehouse activities associated with the development of autonomous electric aircraft technologies. Pyka estimates they will produce approximately 200 - 300 units per year once they are in full production.
The outdoor use will be used for ancillary functions of the operations including outdoor storage of shipping containers screened with fencing as outlined in the lease agreement with the city. The proposed fence will be approximately 8 - 9 feet in height and will be a similar design as the adjacent neighboring fencing. All outdoor activities will be limited to the allowed space defined in the lease agreement outside future of view corridors along Lexington Street and Saratoga Street. Pyka will not be flying or doing in-flight testing of their aircraft at Alameda Point. No changes or alterations to Building 39 are being proposed as part of the use permit proposal. Staff is recommending conditional approval of the administrative use permit as outlined below.
FINDINGS:
1. 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.
The building is located within the AP-WTC District, which permits light industrial use with a Use Permit. As conditioned, the proposed light manufacturing, warehouse, and outdoor ancillary use with fencing is compatible with the surrounding area that includes a mix of commercial and light manufacturing uses. Building 39 is a contributing structure within the NAS Alameda Historic District. No changes or alterations to Building 39 are being proposed as part of the use permit proposal as the proposal is for adaptive reuse of the building and preserves the historic resource. All outdoor activities will be screened with fencing and limited to the allowed space defined in the lease agreement outside of view corridors. Therefore, the project is architecturally, aesthetically, and operationally harmonious with the community and the surrounding development.
2. The proposed use will be served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
The facility is located on West Tower Avenue at Lexington Street. It is approximately 3/4 mile away from the Seaplane Lagoon Ferry Terminal and approximately 1 mile to the Main Street Ferry Terminal. AC Transit line 96 also serves Alameda Point and stops in front of the building at the West Tower Ave & Lexington stop. The bus line connects passengers to the BART stops along Broadway in Oakland. The Cross Alameda Trail provides safe access to the facility for people biking and walking. The site has ample off-street parking available and easy access for delivery trucks. In addition, the applicant is providing long term bicycle parking spaces on site to encourage employees to bike to work. The lease agreement also requires the applicant to contribute funding to the Alameda Point Transportation Demand Management Plan. Therefore, the proposed use is served by adequate transportation and service facilities, including pedestrian, bicycle and transit facilities.
3. 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.
The proposed green technology use produces electric aircraft that enhance environmental sustainability and advance technological innovation. This is a key sector targeted for growth in the 2018 Economic Development Strategic Plan. Alameda Point is an especially attractive location for these types of businesses and the proposed uses present opportunities with high quality jobs that can grow our local economy and have positive effects on existing business districts. The applicant will be required to operate in a fashion consistent with light industrial uses that avoid off-site impacts such as smoke, noise, odor, or vibration. In addition, the applicant will be required to comply with all local and state regulatory agencies including the requirements of the Bay Area Air Quality Management District. The proposed use, as conditioned, will not have substantial deleterious effects on existing business districts or the local economy.
4. The proposed use relates favorably to the General Plan.
The site is located within an area designated by the General Plan as Mixed Use which permits a wide variety of commercial and business uses. Pyka’s administrative offices, research and development activities, and manufacturing of prototypes, light assembly and warehouse activities associated with the development of autonomous electric aircraft technologies is consistent with this land use designation. Furthermore, General Plan Guiding Policy LU-17 encourages “reuse of existing structures to retain the structures embodied energy and reduce the generation of waste.” The project is also consistent with CC-18 Building Renovation and Reuse “encourage and facilitate renovation and rehabilitation of existing buildings.” The project is also consistent with LU-13 Green Economy as the electric and autonomous vehicles produced by Pyka generate significantly less greenhouse gas emissions than traditional airplanes.
1. Approved Uses: The Use Permit approves, with conditions, the light industrial, warehouse, and outdoor uses with fencing for the engineering, development, testing and assembly of autonomous aircraft.
2. Light Industrial: Consistent with the definitions listed in Alameda Municipal Code 30-2, light industrial activities shall be conducted primarily indoors, and do not produce significant off-site impacts such as smoke, noise, odor, or vibration.
3. Compliance with Regulations: The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies including the Bay Area Air Quality Management District (BAAQMD), Regional Water Quality Control Board, and the County of Alameda Department of Environmental Health. All on-site operations shall be conducted in compliance with BAAQMD requirements and permits.
4. Outdoor Storage: Outdoor storage is permitted in the fenced-in area on the eastern and western sides of the site as outlined in the lease agreement. Such storage shall be items that are temporary, needed for permitted on-going uses and kept in an orderly, tidy manner. Stacked shipping containers shall not be allowed. All outdoor storage areas shall be adequately screened from view to the satisfaction of the Planning, Building and Transportation Director.
5. No Barbed Wire Fencing: Consistent with Alameda Municipal Code 30-5.14(e), barbed wire, razor wire and other similar materials shall not be permitted as any part of any barrier or fence.
6. Compliance with Plans. Any modification on this site shall be in substantial compliance with the use permit application submittal dated June 5, 2024, by Pyka Inc., on file in the City of Alameda Planning, Building, and Transportation Department, except as modified by the conditions listed in this report.
7. Changes to Approved Plans: This approval is limited to the scope of the project defined in the project description and does not represent a recognition and/or approval of any work completed without required City permits. Any changes to the approved scope of the project shall be submitted to the Planning, Building and Transportation Department for review and approval.
8. Vesting: The Use Permit approval shall expire two (2) years after the date of approval or by June 24, 2026, unless authorized construction or use of the property has commenced. The applicant may apply for a time extension, not to exceed two (2) years. An extension request shall be subject to ministerial approval by the Planning Director and must be filed prior to the date of expiration.
9. Revocation: This Use Permit may be modified or revoked by the Zoning Administrator, pursuant to Alameda Municipal Code Section 30-21.3d should the Zoning Administrator determine that: 1) the use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity; 2) the property is operated or maintained so as to constitute a public nuisance; or 3) the use is operated in violation of the conditions of the Use Permit.
10. Indemnification. To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all claims, actions, or proceedings against Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connection with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion, to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.
Environmental Determination
The project is exempt from CEQA pursuant to the streamlining provision of Public Resources Code Section 21083.3 and Section 15183 of CEQA Guidelines; no further environmental review is required because the potential impacts of the proposed use of the land was adequately considered in the Alameda Point Final Environmental Impact Report (FEIR) and the Mitigating Monitoring and Reporting Program adopted by the City Council on February 4, 2014.
1. The project is consistent with the Alameda Point Town Center and Waterfront Precise Plan.
2. The project is consistent with the Alameda Point Waterfront Town Center District and is an allowed use with the approval of a use permit.
3. The project is consistent with the General Plan.
4. The approved use is subject to, and shall comply with, all applicable City Ordinances and laws and regulations of other governmental agencies including the Bay Area Air Quality Management District (BAAQMD), Regional Water Quality Control Board, and the County of Alameda Department of Environmental Health. All on-site operations shall be conducted in compliance with BAAQMD requirements and permits. In addition the FEIR analyzed the development of Alameda Point that included 8,900 additional jobs and the addition of light manufacturing uses and outdoor storage uses. There are no environmental impacts peculiar to the proposed project that were not analyzed in the FEIR, or any such impact can be substantially mitigated by imposition of uniformly applied development policies or standards previously adopted by the City or other regulatory agency.
5. The project is served by the AC Transit Line 96, and the two ferry lines located near the facility. In addition, the lease with the City requires the applicant to participate in the Alameda Point Transportation Demand Management Plan. There are no potentially significant off-site impacts of the proposed project and there are no cumulative impacts to which the proposed makes a considerable contribution which were not discussed in the FEIR.
6. The requirements of the Alameda Point District and the lease with the City requires the applicant to comply with the Alameda Point Environmental Impact Report, the Mitigation Monitoring & Reporting Program, the Master Infrastructure Plan, the Town Center Waterfront Precise Plan, Biological Regulations, NAS Alameda Historic District Guidelines, Public Trust Exchange Act and Agreement, and the Alameda Point Transportation Demand Management Plan. There are no previously identified significant impacts of the proposed project which, as a result of substantial new information which was not known at the time the EIR was certified, have been determined to have a more sever adverse impact than discussed in the FEIR.
7. That pursuant to the streamlining provisions of Public Resource Code Section 21083.3 and CEQA Guidelines Section 15183, no further environmental review of the use permit application is required.
On a separate and independent basis, the project is categorically exempt from environmental review pursuant to CEQA Guidelines Sections 15303(e) - Accessory structures including garages, carports, patios, swimming pools, and fences; and 15332 - Infill Development - in that (a) The project is consistent with the applicable general plan designation and policies as well as with applicable zoning designation and regulations as described in the staff report; (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 given the conformance with the Biological Opinion; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; (e) The site can be adequately served by all required utilities and public services give its current use.
Use Permit
The Zoning Administrator hereby approves the Use Permit with conditions.
The decision of the Zoning Administrator shall be final unless appealed to the Planning Board, in writing and within ten (10) days of the decision.
Approved by: ____________________________ Date: June 24, 2024___