Title
PLN25-0217 - Use Permit - 1521 Buena Vista (Encinal Terminals). Applicant: Bayview Landing LP. Project Description: Temporary outdoor use for new vehicle storage during interim two-year period prior to implementation of the Encinal Terminals Master Plan. Includes demolition of two existing buildings, new driveway, fencing and gate at Fortman Marina. General Plan: Mixed Use. Zoning: M-X, Mixed Use District with Multi-Family Overlay. CEQA Determination: The project is exempt under Class 1 and Class 4 as a reestablishment of use similar to prior use and small structures as necessary to support the use, CEQA Guidelines Section 15301 - Existing Facilities and Section 15304 - Minor Alterations to Land.
Body
To: Honorable President and Members of the Planning Board
From: Steven Buckley, Secretary to the Planning Board
EXECUTIVE SUMMARY
Staff recommends that the Planning Board conduct a public hearing and approve a temporary Use Permit, which would expire on March 31, 2028, to allow the temporary outdoor storage of new electric vehicles during the interim two-year period prior to implementation of the Encinal Terminals Master Plan. Conditions of approval are recommended to minimize truck traffic, noise, light, air pollution and other possible impacts to the neighborhood, as provided in Exhibit 1.
BACKGROUND
The Encinal Terminals is a vacant 23-acre site located at 1521 Buena Vista Avenue between the Alaska Basin and the Fortman Marina, north of and fronting on Clement Avenue. The site is located within the Northern Waterfront Priority Development Area (PDA), part of the Bay Area’s regional sustainability plan (Plan Bay Area), and the site is designated as a multifamily housing opportunity site in the City of Alameda Housing Element. The site is subject to the Encinal Terminals Master Plan, Development Agreement (DA), Disposition and Development Agreement (DDA), and Tidelands Exchange to facilitate redevelopment for up to 589 multifamily housing units, 80 of which would be deed restricted affordable units, up to 50,000 square feet of commercial and maritime commercial space, a 160-slip marina, and 4.5 acres of public open space.
The site is comprised of four parcels including land, wharfs, and water: three are owned by Bayview Landing, L.P. (applicant and Developer) and one is owned by the City of Alameda in trust for the State of California (Tidelands Property). The Tidelands Property is located in the middle of the site and is subject to a lease, with City as Lessor and Bayview Landing, L.P. as Lessee. See Exhibit 2.
Prior to beginning permanent construction activity in March 2028 under the Encinal Terminals Master Plan and DA developer obligation, the applicant requests approval to temporarily use the properties (APN's 072-382-001, 072-382-002, 072-383-001, and 072-382-009) for storing newly manufactured or imported electric vehicles prior to sale and delivery to the consumer.
Zoning
The site is zoned MX-MF, Mixed-Use District with Multi-Family Overlay, which allows a wide variety of uses as outlined in a Use Permit or Master Plan. The adopted Master Plan primarily focuses on the entitled development project previously described but also allows for certain conditional uses such as maritime industrial activities, maritime-related services like boatyards and dry boat storage, and maritime recreation, along with similar uses as determined by the Planning Board. For sites with an approved Master Plan, the M-X zoning district stipulates that interim uses may be authorized if they are consistent with approved uses, do not create significant or increased adverse impacts on neighboring properties, include a specified time limit, and will not inhibit or delay the implementation of the Master Plan. Additionally, the zoning ordinance requires a Use Permit for outdoor business activities.
The central portion of the property, owned by the City as tidelands trust, is governed by a tidelands lease between the City and the Developer. This lease outlines permitted uses for that area, including “a harbor and/or marina, wharves, docks, piers, berthing slips, quays and other utilities, warehouses, factories, storehouses, structures, tracks and appliances… including general or industrial manufacturing incidental to such purposes and for any other lawful use.” Any temporary uses proposed for the central portion of the site must comply with the terms of the Master Plan and the City’s tidelands lease.
DISCUSSION
Proposed Project
The applicant is working with a property management company that undertakes similar projects across the country. This company would arrange with vehicle manufacturers to temporarily park newly manufactured electric vehicles prior to delivery to customers. Most of the activity would occur on the open paved surface of the former shipping terminal, while the interior spaces of the warehouse buildings in the center of the property lend themselves to weather protected storage, or possibly as a location for a temporary office trailer. The wharf areas would be fenced off to secure them from access due to their deteriorated condition. Bay Conservation and Development Commission (BCDC) jurisdiction extends 100 feet inland from the mean high water mark, so activity may also be limited in that area.
The fencing along the Clement Avenue frontage would be repaired to improve security and may include a screening fabric or slats for screening. The buildings at the south end of the site would be demolished to provide an access driveway into the site at the intersection of Clement Avenue and Entrance Road. The approved Master Plan anticipates eventual demolition of all of the structures on the site. Vehicular access to the adjacent Fortman Marina would be improved as shown in Exhibit 3 and the existing Fortman Marina driveway that crosses the cross-Alameda trail bike lane on Clement Avenue would be closed. Minor details such as curb drainage, parking lot layout, and fence / gate location would be resolved in coordination with the marina operator and the City’s Public Works Department.
Delivery Operations
Vehicles will be delivered via auto trailer trucks, typically ranging from single to double haulers up to a standard semi-truck on a truck route that is expected to be limited to approximately two miles between the Fruitvale Bridge and the site. Delivery frequency is anticipated to range, on average, up to 10 times per day, although the initial ramp up period to transport large numbers of new vehicles to the site is expected to have a higher average trip count. After those initial weeks, the average should slow down and be primarily driven by how many vehicles are coming offsite and creating space to bring in new vehicles.
According to the applicant, the user typically has a corporate mandate to avoid leasing sites with restrictions; in this case it has indicated a willingness to limit the normal delivery time to between the hours of 7:00 AM to 7:00 PM. However, given some of the uncertainties in traffic, shipment timings, employee hours, etc., the operator seeks approval for occasional exceptions.
Staff recommends a condition of approval limiting the ramp up truck activity to a four week period during which extended hours may be necessary and to then limit hours of operation to non-peak hour trips, i.e. between 8:00 AM and 4:00 PM.
Delivery operations will occur wholly within the yard, towards the back of the site away from all access points. The auto carriers, whether flatbed or semi-truck trailers, will use a main drive aisle on the site and perform their operations within the yard, with no stopping or parking on the street. Truck drivers will enter the site through manually operated gates. Vehicles will be driven off the trailers, and, given they are fully EV, there will be no engine noise and minimal noise disturbance. The cars will then be parked until transported offsite for delivery. The delivering trailer will be reloaded with EVs that were parked on the site and ready for delivery, thereby limiting the amount of traffic in and out of the site. No maintenance, detailing or other activity will occur on the site. Additional information is provided in the applicant’s statement included as Exhibit 2.
Staff Analysis
Staff believes the proposed temporary use is consistent with the zoning, Master Plan and lease. However, staff believes further consideration should be given to the changed circumstances since the Encinal Terminals closed in 2012. The former container storage and repair activity was related in kind to the Del Monte warehouse and other former industrial areas along the northern waterfront. Since then, new residential development has taken place along Clement Avenue to such an extent that the neighborhood is transformed. Therefore, the hours of operation may warrant limitation, in particular as the traffic circulation patterns on the island are likely to change over the next couple of years as Caltrans undertakes the Oakland-Alameda Access Project (OAAP). This major reworking of the Posey Tube circulation and the Webster Tube support systems will likely divert traffic across the island towards the Park and High Street bridges, resulting in increased congestion that would be exacerbated by large vehicular transport trucks used for this project. Trucks would be required to follow the adopted truck routes in Alameda, as shown in Exhibit 5.
Although market conditions are adverse to new residential development at the site in the short term, the City anticipates this site becoming another high-quality mixed use community asset with public amenities over the course of the next several years. This interim use provides an opportunity to address the public nuisances brought on by keeping the site vacant, and the revenue generated by the parking use would be used toward for maintenance and improvement of the site, including demolition of the derelict buildings near Clement Avenue.
Community Input
Several comments were received from neighbors regarding an earlier proposal that had a more open-ended description of the proposed interim activities, attached as Exhibit 4. The site, at 23 acres, has sufficient area to isolate the activity areas from the residential neighbors to the south. The site is surrounded by water on three sides, with Fortman Marina to the east and the Wind River office park to the west. However, limitations on hours and on-site noise and glare are warranted and included in the draft resolution (Exhibit 1).
To further minimize any potential impacts to adjacent uses, staff recommends the Planning Board approve the use permit with the following conditions of approval:
• Fences and roadway access should be improved as indicated in the plans
• Hours of operation and of truck access should be limited with exceptions for the ramp up/down period
• There should be no other interim commercial or industrial activity
• There should be limits on noise and glare.
ENVIRONMENTAL REVIEW
The interim use of the site is exempt from further review under the California Environmental Quality Act pursuant to Class 1 and Class 4, Existing Facilities and Minor Alterations to Land, where the site is not proposed to be physically modified and will be used in a manner consistent with prior use. The interim use would be consistent with the underlying zoning, master plan and land lease. It is also consistent with or less intensive than prior uses such as a shipping wharf and container storage and repair area. The interim use permit is also time limited by the implementation requirements of the DA, i.e. site preparation for the mixed use development is required to begin by March 2028. Conditions of approval are proposed to limit external effects on the neighborhood as well.
RECOMMENDATION:
Hold a public hearing and approve the requested temporary use permit subject to conditions of approval and findings in the Draft Resolution.
Respectfully submitted,
Steven Buckley, Planning Services Manager
Exhibits:
1. Draft Resolution
2. Applicant Statement
3. Access Improvements
4. Neighbor Comments
5. Truck Route Map