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Public Hearing to Consider Call for Review and Adoption of Resolution Upholding Planning Board Resolution No. PB-16-16 Approving Amendment (PLN16-0165) to the Esplanade Final Development Plan (PLN15-0092) to Allow Senior Assisted Living as a Permitted Use at 2900 Harbor Bay Parkway (Project: Westmont of Harbor Bay Assisted Living). [Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15162, there have been no significant changes in circumstances that require revisions to the previously certified Environmental Impact Report.] (Community Development 481005)
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To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Public Hearing to Consider Adoption of a Resolution Upholding the Planning Board’s Conditional Approval of Final Development Plan PLN15-0092 Amendment (Esplanade site) to Allow Use of a portion of the site at 2900 Harbor Bay Parkway for a Senior Assisted Living Facility and an Office Building. [Pursuant to CEQA Guidelines Section 15162, there have been no significant changes in circumstances that require revisions to the previously certified Environmental Impact Report]
BACKGROUND
On June 22, 2016, the Planning Board held a noticed public hearing and approved a resolution in support of an amendment to the previously approved entitlements for the property at 2900 Harbor Bay Parkway, commonly referred to as the “Esplanade Project” located adjacent to the Harbor Bay Ferry Terminal in the Harbor Bay Business Park. The prior entitlements for the site allowed for approximately 109,000 square feet of office use on the property.
The Planning Board’s resolution approves the use of a portion of the site for senior assisted living, but requires that the applicant revise and reduce the size of the proposed 105,000 square foot facility and increase the size of the proposed 8,000 square foot office building and return at a later date with a revised site plan and architectural elevations for a smaller facility. At the hearing, 19 speakers spoke in favor of the proposal and 14 speakers spoke in opposition to the use of the site for senior assisted living. The Planning Board’s action was passed on a 5-1 (Sullivan dissenting and Burton absent) vote. The Planning Board staff report, and resolution of approval are attached as Exhibit 1 and 2.
On June 30, 2016, Mayor Trish Herrera Spencer called the Planning Board’s decision for review. The Call for Review is attached as Exhibit 3.
DISCUSSION
The Planning Board decision and the Call for Review require that the City Council balance a variety of citywide and area-specific General Plan policy objectives. After considering these various General Plan objectives, staff recommended that the Planning Board support the new use of the property for assisted living and a small office building. After considering the applicant’s proposal, the staff recommendation, and the public comments received at the hearing, the Planning Board determined that on balance, the proposed use did support citywide and area-specific General Plan policy objectives.
Staff remains in support of the use and the Planning Board’s decision. Staff also recognizes that that determination of consistency with the General Plan Goals and Objectives is a policy decision. The City Council is the only body in Alameda authorized to adopt General Plan policy; therefore, the City Council is the final authority on the interpretation and implementation of those policies.
The General Plan includes a number of policies that are relevant to the land use policy decision regarding the use of the site for assisted living. They include the following policies:
“Support development of Harbor Bay Business Park consistent with existing approvals and agreements.” Land Use Element Policy 2.8.a.
The Planning Board considered that:
• The proposed use is defined as commercial use by the Alameda Municipal Code (AMC), and the commercial use is a permissible use in the Harbor Bay Business District and consistent with the Harbor Bay Business Park CM/PD Zoning and Harbor Bay Development Agreement and the Harbor Bay Island Associates-Oakland Airport Settlement Agreement.
• The City has approved other non-office commercial uses in the Business Park such as hotels, schools, and day care centers.
• The site plan has been deemed consistent with existing BCDC agreements by BCDC staff.
“Encourage and support new residential opportunities for senior citizens, including senior housing projects, multifamily housing projects with accessible and small housing units, assisted living projects, and in law unit projects”. Housing Element Policy 4.
The Planning Board considered that the proposed use would provide assisted living and memory care services for approximately 127 seniors, with an average age of 82.
“Deemphasize the Automobile.” General Plan Theme #4. The General Plan has five overall “Themes” that govern all the Elements and that result in policies in every element related to the “theme”. Traffic and the need to reduce automobile trips and consider the traffic implications of every discretionary land use decision is a recurring policy objective throughout the General Plan.
The Planning Board considered that the proposed use will produce substantially fewer automobile trips than the previously approved office use for the site, based upon a 2016 Traffic Study prepared for the project.
“Minimize commuting by balancing jobs and nearby housing opportunities.” Open Space and Conservation Element Climate and Air Quality Policy 5.5.e
The Planning Board did consider that the proposed use will generate substantially fewer jobs and employment opportunities than the previously approved office use, and that the City has a poor jobs-housing balance. The Planning Board required that the applicant reduce the size of the senior facility and increase the size of the proposed office building, which will increase the numbers of jobs produced by the project.
“Work with appropriate regional agencies to identify the feasibility of developing presently unavailable alternative modes such as citywide and regional light rail, expanded ferry options and Bus Rapid Transit”. Transportation Element Policy 4.1.1. g
City staff and the project applicants have independently discussed the proposal with representative from the Water Emergency Transit Agency (WETA). WETA provided a letter in support of the project and the applicant is proposing to provide bicycle locker facilities for the Harbor Bay Ferry Terminal.
“Regulate development in Alameda to minimalize hazards in safety zones designated by the Alameda County Airport Land Use Commission.” Airport Element Policy 7.2a.
The Planning Board considered that the proposed use is in compliance with the Alameda County Airport Land Use Plan, as stated in the 2016 letter from ALUC.)
“Require a biological assessment of any proposed project site where species of the habitat of species defined as sensitive or special status by the California Department of Fish and Game or the U.S. Fish and Wildlife Services might be present.” Open Space and Conservation Element Policy 5.1.b.b.
The Planning Board considered that a biological assessment was prepared for the project, and that the assessment found that there would be no impact to any sensitive or special status species or their habitat. Jack rabbits are not sensitive or special status species. The project will be adding Jack Rabbit appropriate landscape materials that will support habitat for jack rabbits, and Jack Rabbits are well adapted to living in urban areas such as the Harbor Bay Business Park.
For the reasons described above, the Planning Board found that the proposed use of the site for senior assisted living and office use was an appropriate use of the site and consistent with the Alameda General Plan and Zoning ordinance.
FINANCIAL IMPACT
There is no impact to the General Fund on an action to approve or deny the Planning Board’s approval.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed project is consistent with the City of Alameda General Plan and Zoning Ordinance and the Harbor Bay Development Agreement.
ENVIRONMENTAL REVIEW
Under Section 15162 of the CEQA Guidelines, no additional environmental review is required. In 2008, the City of Alameda City Council determined that the original Esplanade Project was consistent with the original Harbor Bay Business Park Planned Development Plan, which was evaluated previously in an Environmental Impact Report (EIR). Similar and updated findings were made by the Planning Board on June 22, 2016 based upon the following evidence on the record:
The project site has no value as habitat for endangered, rare or threatened species. The Harbor Bay Isle Environmental Impact Report (EIR) analyzed the impacts of Harbor Bay development on wildlife, migratory birds and jackrabbits. The biological survey for the proposed assisted living facility concludes that the proposal does not substantially change the determination of the previously certified EIR. The area of the proposed development is currently a vacant 5.5 acre site. The vacant site has no habitat value for any endangered, rare, or threatened wildlife species. A survey for burrowing owls and other raptors, snowy plover, California least tern, and passerine nesting bird was conducted by Monk & Associates Environmental Consultants at the project site on May 4, 2016, and no evidence of the presence of these species were observed on or within a zone of influence of the site. A condition of approval will also require an additional survey be conducted 14 days prior to construction.
During the survey, four black-tailed jackrabbits were observed on the project site. No young were present on the site at the time of the survey and no burrows or rabbit dens were detected. The black-tailed jackrabbit is not a protected species in California as they are quite common in ruderal areas, grasslands, and crop fields. The back-tailed jackrabbit’s highly adaptable nature to anthropogenic communities and highly disturbed areas make them a robust species and they successfully relocate to nearby open spaces when necessary. Furthermore, the Harbor Bay Isle Tentative Subdivision Map Planning Board resolution No. 1205 determines in Finding No. 5 that the development will unavoidably displace some jackrabbits and birds and their habitat.
Approval of the project would not result in any significant effects relating to traffic, noise, air navigation, air quality, or water quality. The previously certified Harbor Bay Isle EIR analyzed the impacts of the Harbor Bay development on traffic, noise, and air navigation. The traffic analysis, noise analysis, and Airport Land Use Commission analysis conclude that the proposed assisted living facility will not substantially change the determinations of the previously certified EIR. The proposed project will not result in any significant traffic, noise, air quality or water quality impacts because the project is a less intensive use than the previously approved office building use. A traffic and parking analysis conducted by TJKM traffic consultants shows that the new senior care facility proposal generates considerably fewer trips on a daily basis and especially both of the a.m. and p.m. peak hours as compared with the original office complex. Moreover, the project meets the required parking ratio of one parking space per three beds, and therefore represents no substantial change in the project traffic generation and parking demand from the previous approval. The project also received an approval letter from the Alameda County Airport Land Use Commission in regards to compliance with the safety, noise, and height development requirement of the adjacent Oakland Airport. The Noise analysis conducted by AGD Acoustics determined that the project can meet city, state, and county requirements in regards to noise levels through the implementation of standard CNEL building requirements.
RECOMMENDATION
Adopt a resolution upholding the Planning Board’s conditional approval of Final Development Plan PLN15-0092 Amendment (Esplanade site) to allow use of a portion of the site at 2900 Harbor Bay Parkway for a senior assisted living facility and an office building.
Respectfully submitted,
Debbie Potter, Community Development Director
By,
Andrew Thomas, Assistant Community Development Director
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Planning Board Staff Report, June 22, 2016
2. Planning Board Resolution
3. Call for Review from Mayor Spencer