File #: 2013-267   
Type: Regular Agenda Item
Body: Planning Board
On agenda: 10/28/2013
Title: Hold a Public Scoping Meeting for the Environmental Impact Report for the Harbor Bay Residential and Athletic Club Project. The Planning Board will be holding a scoping session for an Environmental Impact Report to be prepared to evaluate the environmental impacts of a proposal to build up to 80 new homes on the site of the Harbor Bay Athletic Club on Packet Landing Road and build a new athletic club on a vacant site located on North Loop Road in the Harbor Bay Business Park. The public hearing is an opportunity for members of the public to identify specific issues to be addressed in the draft Environmental Impact Report.
Attachments: 1. Exhibit 1 - Application, 2. Exhibit 2 - Comments, 3. Exhibit 3 - Inital Study, 4. Exhibit 4 - Maps
Title
 
Hold a Public Scoping Meeting for the Environmental Impact Report for the Harbor Bay Residential and Athletic Club Project.  The Planning Board will be holding a scoping session for an Environmental Impact Report to be prepared to evaluate the environmental impacts of a proposal to build up to 80 new homes on the site of the Harbor Bay Athletic Club on Packet Landing Road and build a new athletic club on a vacant site located on North Loop Road in the Harbor Bay Business Park. The public hearing is an opportunity for members of the public to identify specific issues to be addressed in the draft Environmental Impact Report.
 
Body
 
CITY OF ALAMEDA
    Memorandum
 
To:            Honorable President and
            Members of the Planning Board
      
From:         Andrew Thomas,
                           City Planner
                  
Date:            October 28, 2013
 
Re:      Public Hearing on the Scope of the Environmental Impact Report for the Harbor Bay Isle Associates Proposal to Build up to 80 Housing Units on the Lands Currently Occupied by the Harbor Bay Athletic Club on Packet Landing Road and Build a new Athletic Club on 8.95 acres of Land on North Loop Road in the Harbor Bay Business Park
 
background
 
On August 28, 2013, the City of Alameda received an application from Harbor Bay Isle Associates (HBIA) requesting that the City of Alameda:
 
·      Amend the Alameda General Plan and Zoning Ordinance to allow single family homes on the 8.39 acres of land on Packet Landing Road currently occupied by the Harbor Bay Athletic Club.
·      Approve a tentative subdivision map for 80 single family homes on the 8.39 acres on Packet Landing Road, and
·      Approve a Development Plan for a new Athletic Club on 8.95 acres of land on North Loop Road.
 
The entire application is included in Exhibit 1. An illustration of the 80 home sites on Packet Landing Road and the new health club on North Loop Road are shown in Exhibit 4.
 
The proposal has generated a great deal of public interest, discussion, and concern. Exhibit 2 includes the emails and letters received from staff to date.  The proposal has also generated a number of letters to the editor in the local press and blogs.
 
On September 26, 2013, the City of Alameda released a Notice of Preparation (NOP) and Initial Study notifying the public and other public agencies that the City of Alameda has determined that the proposal requires preparation of an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA).  
 
 
 
 
 
DISCUSSION
 
The purpose of the October 28, 2013 public hearing before the Planning Board is two fold:
 
1.      Environmental Issues: To provide an opportunity for the public to submit comments on the scope of a Draft Environmental Impact Report (DEIR) that will be prepared to examine the environmental impacts of the proposal.   The DEIR should fully inform the community and City decision-makers about the potential environmental impacts of the proposal and enable a well-informed decision at a future date on the project.
 
2.      Project Merits and Issues:  To provide a forum for the public to identify issues or questions that will need to be addressed or answered before a final decision can be made on the proposal.   Staff will attempt to provide answers or additional information at future meetings to inform Planning Board discussions on the proposal.   
 
 
As described in the Initial Study (Exhibit 3) prepared for this project, the City is proposing to prepare an EIR that includes an evaluation of the potential environmental impacts of all aspects of the proposal and a range of project alternatives. Specifically, the DEIR will address:
 
1.      Transportation
2.       Aesthetics
3.       Air Quality
4.       Biological Resources
5.       Cultural Resources
6.       Greenhouse Gas Emissions
7.       Hazardous Materials
8.       Hydrology and Water Quality
9.       Land Use, Plans, and Zoning
10.       Noise
11.       Utilities and Service Systems
12.      Alternatives to the Project, I including a No-Project Alternative
 
The Initial Study indicates that the following issues would not need to be addressed in the draft EIR:
 
1.      Population/Housing
2.      Agriculture/Forestry Resources
3.      Mineral Resources
4.      Public Services
5.      Geology/Soils
 
Public Planning Process:
 
At the public hearing on October 28, 2013, staff will receive public comment on the scope of the EIR and make any necessary adjustments to the work plan.  Once the draft EIR is completed (three to six months), staff will circulate the document for public review.  During the subsequent 45-day review period, the Planning Board will hold another public hearing to provide an opportunity for the community to comment on the adequacy of the analysis included in the draft EIR.  
 
Staff will then prepare a Final EIR for public circulation. (This work typically takes about 30 days after the close of the 45-day review period.)   The Final EIR will include any and all revisions needed to provide a complete analysis of the potential environmental impacts of the proposal.   
 
Once the Final EIR is completed, the Planning Board will hold another public hearing at which it will make a recommendation to the City Council on the proposal.  Once the Planning Board makes its recommendation, the City Council will hold a public hearing (typically about 30 days after the Planning Board public hearing) to make a decision on the proposal.   
 
Criteria for Decision Making:
 
The staff's primary responsibility throughout the process will be to ensure that the community, Planning Board, and City Council have all of the information necessary to evaluate the project proposal and make a decision to either approve or deny the proposal.  
 
The primary areas of information that will be analyzed include:
 
1.      Environmental Information:   As described above, staff will work throughout the process to ensure that the public, Planning Board and City Council have complete and comprehensive information about the environmental issues associated with the proposal (e.g. traffic, air quality, etc.).   Ultimately, both the City Council, upon a recommendation from the Planning Board and staff, will need to determine that the analysis is "adequate" to inform its decision on the proposal.  "Adequacy" is a subjective determination, but the Council, Planning Board and staff are able to rely on a large body of legal precedents and CEQA guidelines provided by the State of California to make the determination of "adequacy".
 
2.      Project Evaluation Information:  Under State and local regulations, the City Council cannot approve a change the General Plan and Zoning Ordinance unless it is able to find that the proposal is in the best interests of the community, that the proposal supports the general welfare of the community, that the proposal maintains the integrity of the General Plan, and that the proposal is equitable.   (See Government Code Section 65358 and Alameda Municipal Code Section 30-22.5.)   Under State and local regulation, the City Council (as the body elected by the citizens of Alameda) is the only body that can make these determinations.  Throughout the planning process described above, staff will work to provide the public, the Planning Board, and the City Council with all information, data, and/or analysis necessary to inform the Planning Board's recommendation and the City Council's decision on the merits of the proposal.  
 
 
 
RECOMMENDATION
 
Hold a public hearing to accept public comments on the scope of the EIR. No action on the proposed project is being requested of the Planning Board at this time.
 
RESPECTFULLY SUBMITTED BY:      
 
 
____________________________________________
ANDREW THOMAS
City Planner
 
Exhibits:
 
1.      Application
2.      Comment Letters
3.      Initial Study
4.      Maps