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Public Hearing to Consider the following Ordinances and Resolutions to Govern the Future Development of the Encinal Terminals Property:
1) Adoption of Resolution Certifying the Final Environmental Impact Report (EIR), Adopting Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program for the Encinal Terminals Project;
2) Introduction of Ordinance Approving a Development Agreement by and between the City of Alameda and Northern Waterfront Cove Partners, LLC Governing to Encinal Terminals Project for Real Property Located at 1521 Buena Vista Avenue (Authorizing a Public Trust Lands Exchange, Completion of the Clement Avenue Extension and Other Public Benefits) [Requires four affirmative votes];
3) Introduction of Ordinance Adopting the Encinal Terminals Master Plan and Density Bonus Application for Redevelopment of the Property Located at 1521 Buena Vista Avenue; and
4) Adoption of Resolution Approving a General Plan Amendment to Allow Building Heights Over 60 Feet at the Encinal Terminals Site. (Community Development 209)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Public Hearing to Consider the following Ordinances and Resolutions to Govern the Future Development of the Encinal Terminals Property: 1) Introduction of Ordinance Approving a Development Agreement by and between the City of Alameda and Northern Waterfront Cove Partners, LLC Governing to Encinal Terminals Project for Real Property Located at 1521 Buena Vista Avenue (Authorizing a Public Trust Lands Exchange, Completion of the Clement Avenue Extension and Other Public Benefits); 2) Introduction of Ordinance Adopting the Encinal Terminals Master Plan and Density Bonus Application for Redevelopment of the Property Located at 1521 Buena Vista Avenue; 3) Adoption of Resolution Approving a General Plan Amendment to Allow Building Heights Over 60 Feet at the Encinal Terminals Site; and 4) Adoption of Resolution Certifying the Final Environmental Impact Report, Adopting Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program for the Encinal Terminals Project
BACKGROUND
The Encinal Terminals site is a vacant site located at 1521 Buena Vista Avenue between the Alaska Basin and the Fortman Marina behind the Del Monte Warehouse. The site is located within the Bay Area’s regional sustainability plan (Plan Bay Area) Northern Waterfront Priority Development Area (PDA), and the site is designated as a multifamily housing opportunity site in the City of Alameda General Plan Housing Element which estimated at least 234 units including 35 deed restricted affordable units (15% of the total) on this site. The site includes approximately 25.91 acres of real property, consisting of approximately 17.33 acres of land and 8.58 acres of submerged lands (the “Encinal Terminals Parcel”) are owned by North Waterfront Cove, LLC,(“the applicant”). In addition, the City holds in trust approximately 6.4 acres of land-locked public trust property (the “City Parcel”). Collectively herein the North Waterfront Cove, LLC Parcel and the City Parcel are referred to as the “Property”, the “site”, or “Encinal Terminals”.
In 2008, after a seven-year community planning process, the City Council approved a comprehensive General Plan Amendment to guide the redevelopment of the Northern Waterfront. The Amendment includes a policy objective (Chapter 10 page 9) and 16 specific policies designed to govern the preparation of a Master Plan for Encinal Terminals (Pages 11-13). The General Plan policy objective and a sampling of relevant policies statements, are included below:
“The intent of the site specific development policies for the Encinal Terminals Site is to facilitate redevelopment of the site with new land uses that will take advantage of the unique site configuration and waterfront location, increase opportunities for public access and enjoyment of the waterfront and eliminate the existing uses which contribute a large volume of truck traffic in the vicinity. The Mixed Use designation will allow for the development of a wide range of land uses to capitalize on the site’s unique location adjacent to the Alaska Basin, Oakland/Alameda Estuary, Fortman Marina, and Del Monte Warehouse site. Anticipated land uses in this district include a range of housing types, including senior housing, commercial, office, and public parks and open space. Public waterfront access around the perimeter of the site is envisioned, as well as a new marina on the Alaska Basin.”
“The Master Plan should consider relocating the tidelands trust lands to the perimeter of the site to allow residential mixed-use development in the core of the site with publicly accessible open space around the perimeter of the site.”
“The site plan should allow for a shoreline public promenade around the perimeter of the site and adjacent to the Alaska Basin and Fortman Marinas. Ensure that the public access path along the waterfront includes a separated path for bicyclists or is wide enough to minimize conflicts between pedestrians and bicyclists. Establish connections to the Bay Trail and other regional circulation systems.
“Provide docking facilities to encourage waterborne forms of transportation. Consider opportunities for a public human powered/non-motorized boat launch facility at Alaska Basin.
“Require that the master plan include inviting, well-designed public entrances from Clement Street. Primary vehicular access into the site should occur at a four-way intersection at Clement/Entrance, if feasible. Extend Clement Avenue through the Northern Waterfront from Grand Street to Sherman to facilitate the movement of trucks, transit and/or rail, bicycles, and pedestrians. The Encinal Terminals development should fund a fair share of the costs of the Clement Street extension from Sherman to Grand.”
“The Master Plan for the Encinal Terminals site shall replace the existing container storage and cleaning operation with a mix of uses to create a lively waterfront development. The plan should include at least the following four land uses: residential, retail, commercial, and public open space.”
“Provide for a mix of housing types, densities, and affordability levels throughout the Plan area. Encourage and support the development of both “for-rent” and “for-sale” affordable housing units distributed throughout the Plan area.”
“Commercial uses may include restaurants, marine related uses, office uses, and/or additional berths in the Alaska Basin. Additional berths should not be allowed on the northern edge of the site facing the Estuary and Coast Guard Island to preserve views of the water and Oakland. Encourage retail uses that offer recreational products and services, such as windsurfing and sailing equipment and lessons and bicycle and boat rentals. Encourage a variety of restaurants and activities that meet the needs of people of all ages and income levels. Encourage water and maritime related job and business opportunities that relate to the area’s unique waterfront location.”
In 2009, the City Council zoned the property MX (Mixed Use) to support residential, mixed use development of the site and to bring the zoning into conformance with the General Plan objectives for the site.
In 2012, the City Council designated the site in the General Plan Housing Element as a housing opportunity site and zoned the site for higher density multi-family housing to meet the City’s Regional Housing Needs Allocation (RHNA) and bring the City’s General Plan and Zoning Map into conformance with State Government Code requirements.
On February 29, 2016, the City of Alameda received an application from North Waterfront Cove, LLC requesting review and approval of a draft Master Plan, density bonus, Development Agreement, including a public trust lands exchange agreement, and a General Plan Amendment.
On March 10, 2016, the City Council held a public workshop and tour of the major Northern Waterfront sites, including Encinal Terminals to review the development proposal and walk the site.
On April 19, 2016, the City Council held a public hearing to review the City’s General Plan policies and MX and MF Zoning requirements that apply to the Encinal Terminals site and the Alameda Marina site.
During 2016 and 2017, the Planning Board held six (6) public hearings and workshops to shape the Encinal Terminals development proposal. On June 6, 2017, the City Council held a public workshop to review the MX mixed use zoning standards and how staff and the Planning Board were shaping the Encinal Terminals project to reflect City Council priorities.
On July 17, 2017, the Planning Board held a final public hearing and recommended that the City Council adopt the Final Focused Supplemental EIR (FSEIR), Encinal Master Plan, Density Bonus Application, General Plan Amendment, and Development Agreement.
DISCUSSION
Project Description: The proposed ordinances and resolutions establish the obligations and regulations for the development of the Property consistent with the General Plan objectives and policies. Specifically, the project is designed to:
• Create a transit-oriented residential mixed-use development;
• Expand the Public Trust Lands from 6.4 acres to approximately 18 acres of waterfront land and adjacent submerged lands for maritime uses and public open space uses (8.5 acres land and 9.5 acres submerged);
• Provide at least seven acres of waterfront public open space along the perimeter of the property at no cost to the City;
• Provide up to 589 housing units (which includes seventy-nine (79) deed restricted affordable units; and
• Provide up to 50,000 square feet of retail/commercial space, and opportunities for a new 160 slip marina.
Public Benefits: The proposed ordinances and resolutions ensure the following public benefits for the Alameda community consistent with the General Plan objectives for the property:
Public Trust Lands Exchange. The Development Agreement establishes the terms for a reconfiguration and expansion of the existing 6.4 acres of public trust land owned by the City of Alameda in trust for the State of California in the center of the site. State law limits the use of tidelands property for maritime uses and waterfront public open space, but the 6.4-acre public trust property is currently landlocked on three sides by the Encinal Parcel property and on the fourth side by the Fortman Marina parking lots. The City Parcel currently generates approximately $11,000 in annual lease payments to the State Tidelands account. Lease revenue is restricted to managing and maintaining City-owned tidelands within Alameda.
Under the terms of the Development Agreement, the City’s Parcel would be relocated, reconfigured, expanded, and improved to include 8.5 acres of waterfront property and 9.5 acres of adjacent submerged lands for a total of 18 acres for maritime commercial and recreational uses, public water shuttle landing, and seven acres of public parks, promenades, and waterfront plazas, and 1.5 acres of public roads and paths. The applicant would construct all the improvements on the 18 acre Public Trust Property at no cost to the City. A Community Facilities District (CFD) would require that the costs to maintain the Public Trust Property (including capital reserves for the surface improvements) are funded by assessments on the future residential and commercial uses on the site at no cost to the City.
Under the terms of the Development Agreement, the City would not take ownership of the waterfront lands until the applicant has completed all of the structural, seismic and safety improvements necessary to support the future use of the Public Trust Property for recreational and/or maritime purposes.
The reconfiguration and expansion of the Public Trust Land does not alter the number residential units permissible on the site. As described below, the number of units permissible on the site is determined by the size and zoning designation of the Encinal Parcel at the time of the application and not by the land remaining within the applicant’s ownership after execution of the exchange and dedication of public parks and streets to the City.
If four (4) of the five City Council members are not able to support the proposed exchange and development agreement, the applicant will be need to revise and adjust their Master Plan and Density Bonus application to work around the existing 6.4 acre City Parcel in the center of the site. The revised plan will likely still include 589 units and a waterfront promenade, but it should be anticipated that the waterfront promenade would be smaller and narrower than the proposed seven acres of public park and promenade currently being offered in exchange for the reconfigured public lands. The revised Master Plan would likely still include a marina, but the marina would be on submerged lands owned by the applicant, not the City. The existing City Parcel lease payments of approximately $11,000 per year would remain in effect for the next 12 years until the term of the lease expires.
In summary, if approved by four members of the Council, the proposed public lands exchange benefits the public in the following ways:
• It places the submerged lands and the adjacent waterfront lands in the ownership of the City of Alameda in trust for the State of California and the public;
• The reconfigured Public Trust Lands will provide better maritime commercial and public open space opportunities for the City of Alameda than the existing public trust lands;
• The reconfigured Public Trust Lands will provide an opportunity for a future marina concessionaire under Tidelands Marina Lease that will exceed the $11,000 annual lease payments generated by the existing public trust lands; and
• As described below and envisioned in the General Plan, the reconfigured Public Trust Lands provide a unique opportunity to create a seven acre, public open space park for the people of Alameda at no cost to the citizens of Alameda.
Public Waterfront Parks and Open Space. The Development Agreement and the Master Plan require the applicant to construct and fund the maintenance of seven (7) acres of public waterfront open space, including parks, promenades, and plazas, which include:
• A public promenade around the perimeter of the site;
• Over 4,000 lineal feet (3/4 mile) of new and improved waterfront Bay Trail (separated bicycle and pedestrian facilities) around the perimeter of the site with connections to the Cross Alameda Trail on Clement Avenue;
• A public water shuttle dock; and
• A new four-way intersection at the intersection of Clement/Entrance for vehicles. Emergency vehicles, bicycles and pedestrians will also have direct access to the waterfront promenade and Bay Trail from the Clement Avenue Cross Alameda Trail.
As described above, all of the new public parks, plazas, promenades, and open spaces will be constructed by the development at no cost to the City, and the cost of maintaining the future public amenities and spaces will funded through CFD assessments at no cost to the General Fund or the existing Alameda taxpayers. The Master Plan is also designed to accommodate up to 3 feet of sea level rise, and the ability to adapt the plan in the future if more than 3 feet is necessary.
Finally, the Development Agreement requires the developer to invest $250,000 in public art within the public parks.
Clement Avenue Extension and Transportation Services. The Development Agreement and the Master Plan require the applicant to fund the completion of the Clement Avenue extension through the Northern Waterfront from Atlantic Avenue to Grand Street. The Development Agreement requires the applicant to cover the City’s cost of acquiring the necessary right-of-way from Pennzoil and construct the final section of the Clement Extension from Hibbard Street to Grand Street. If the acquisition costs exceed $1.5 million, then the Developer will not be responsible for the construction costs for the one block extension from Hibbard to Grand. If the total costs of acquisition and construction are less than $1.5 million, then the developer shall pay the difference to the Alameda Transportation Management Authority (TMA) for transportation services. The applicant must also fund a fair share of the cost to construct the Clement extension from Atlantic to Entrance, which is being constructed by the Del Monte project.
With completion of the Clement Avenue extension from Atlantic to Grand, the City Council could choose to remove the truck route from Buena Vista Avenue and extend the Cross Alameda Trail through the Northern Waterfront from Jean Sweeney Park to Grand Street. This latter improvement would facilitate the City’s long-term goal of allowing bicyclists to safely and conveniently bike from the Seaplane Lagoon at Alameda Point across the entire island of Alameda to the Fruitvale Bridge in dedicated lanes and cycle-tracks on the Cross Alameda Trail.
The Encinal Terminals development must also fund additional public transportation services through the TMA on an annual basis. Per the Master Plan, each townhome will pay $500, each apartment and/or condominium will pay $400, and each commercial space will pay $0.75 per square foot annually. Assuming 100 townhomes and 489 apartments and/or condominiums, and 50,000 square feet of commercial space, the project will generate approximately $282,500 annually for transportation services. With required CPI increases (cost of living index), the value of the contribution will increase each year starting in 2017.
Affordable Housing Density Bonus and State Law. The 589 housing units permissible on the Encinal Terminals Property is determined by State Housing Laws, local Alameda Municipal Code (AMC) Zoning regulations, and the current size and zoning designations of the applicant's property.
The application includes a density bonus request pursuant to California Government Code Section 65915 and Alameda Municipal Code (AMC) Section 30-17 Affordable Housing Density Bonus. These state and local laws require the City Council to grant a density bonus in return for deed restricted affordable housing. The bonus is calculated as follows: currently, the applicant owns approximately 15.48 acres of property zoned Mixed Use/Multifamily (MX/MF), which permits 30 units to the acre and approximately 1.25 acres of property zoned Mixed Use (MX), which permits 21 units per acre. The 16.73 acres does not include the approximately 9.5 acres of submerged land owned by the applicant or the 6.4 acres of Public Trust property owned by the City. Together, the 16.73 acres permit a maximum of 491 housing units. The applicant's Density Bonus "Base Plan" illustrates how the applicant would distribute 491 units on the 16.73 acres of its property in compliance with existing Zoning requirements. (Exhibit 3) Since the applicant has offered to deed restrict 5% of the 491 units to be affordable to very-low- income households, Government Code Section 65915 and AMC Section 30-17 require that the City Council grant the applicant a 20% residential density bonus (98 units) for a total of 589 units.
Some community members have argued that since the Public Trust Property exchange results in a net loss of acreage for the property owner, the property owner’s right to 589 units should be reduced accordingly. This argument is in conflict with State law which states that the determination of the number of units permitted shall be based upon the “maximum allowable gross residential density as of the date of application”. California Government Code Section 65915 states that a density bonus is a:
“density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density".
Furthermore, it should be noted that at the date of the application, the applicant proposed an equal exchange of land, which would not have resulted in a net loss of acreage for the applicant. The exchange proposal before the City Council reflects input from City staff and the Planning Board which encouraged the property owner to increase the amount of land given to the State and City.
Finally, Government Code 65915 states that the City Council cannot use any development standard to reduce the number of units permissible on the site:
“In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. An applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit.”
In addition, California Government Code Section 65589.5 (The Housing Accountability Act) prohibits the City Council from reducing the number of units, unless the City Council can make findings that the reduction in units is necessary to mitigate a “specific adverse impact on public health or safety”, which means “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete." Impacts on public health and safety do not include concerns about automobile delay (traffic), parking, aesthetics, or compatibility with neighborhood character. In 2011, the California Court of Appeal in Honchariw v. County of Stanislaus (200 Cal.App.4th 1066) ruled that the Act applies to all housing projects, regardless of the number of deed-restricted units.
In summary, staff is recommending the Master Plan and Density Bonus for the following reasons:
• The Master Plan requires a broad range of housing types to help the City address its current housing crises;
• The Master Plan provides for 8.5 acres of waterfront property and 9.5 acres of adjacent submerged lands for a total of 18 acres for maritime commercial and recreational uses. The Master Plan and the Development Agreement provides the opportunity for the City of Alameda to independently pursue a Tidelands Lease to create a new, commercial marina concession in the Alaska Basin;
• The Plan requires a minimum of 30,000 square feet of commercial space to be constructed within the non- public trust portions of the site and allows another 20,000 for a total of 50,000 square feet of commercial space. Few commercial businesses in the current economy can afford to build new buildings, and therefore it is difficult to attract new businesses and new maritime oriented businesses to Alameda. Requiring construction of 30,000 square feet of commercial space with the construction of the residential units ensures that project will create commercial space, which can then be leased to future businesses; and
• The Master Plan provides 7 acres of public waterfront open space and that the public open space is constructed with each residential building so that as the residential buildings are completed the Alameda community will benefit from new waterfront parks.
Affordable Housing: The Housing Element estimated that the site would result in at least 234 units with a minimum of 35 deed restricted affordable units (15% of the total). The proposed project’s 589 units and 79 affordable units will support and benefit the City’s effort to meet its regional housing needs obligation.
Specifically, the Development Agreement and Master Plan establishes the development requirements and standards to construct:
• Up to 589 multifamily housing units, including 79 deed-restricted affordable units
• A minimum of 30,000 square feet of restaurants, marine-related recreational uses, retail and commercial space;
• A marina with up to 160 slips in the Alaska Basin.
The Master Plan requires that the 589 for-sale and for-rent multi-family units include at least:
• 25 deed-restricted units for very low-income households (less than 50% of Areawide Median Income (AMI));
• 20 deed-restricted units for low-income households (50% to 80% of AMI);
• 34 deed-restricted units for moderate-income households (80% to 120% of AMI);
• Up to 51 small “affordable by design” (10% of market rate) middle income units of 900 square feet or less;
• Up to 102 small “affordable by design” (20% of market rate) middle income units of 900 to 1,200 square feet;
• A maximum of 102 attached townhomes with private two-car garages; and
• 100% of the new units be “visit-able” by a person with mobility issues, and 30% of the units be “universally designed” to allow a person with mobility issues to live in the unit, consistent with the City Council’s recently adopted Universal Design Ordinance.
The Development Agreement also requires the applicant to contribute One Million Dollars ($1,000,000.00) to the Alameda Housing Authority Down Payment Assistance Program for first time home buyers at the Project whose incomes are between 120% and 180% of the median income for Alameda County (based on the then current calculations issued by the State of California Department of Housing and Community Development) (the “Encinal Down Payment Assistance Program”). After the initial $1,000,000 in down payment assistance has been disbursed to project home buyers or five (5) years after the date that the first market rate units are made available for sale, whichever occurs first, reuse of the Encinal Down Payment Assistance Program funds may be made available to income eligible first time home buyers in any eligible residential or mixed use project in Alameda as determined by the Alameda Housing Authority.
Building Heights: The Master Plan includes building height requirements that ensure that each building "steps down" to the water. The Master Plan requires that the tallest portions of each building be located along the central spine of the site and that the building heights drop down as the building approaches the water. Along the waterfront promenade on the west, north, and east sides of the property, the master plan establishes a 40-foot height limit. Fifty feet back from the waterfront property line, the building may step up to a maximum of 90 feet. The building must then step down to a maximum of 72 feet along the Central Boulevard at the center of the site. (The buildings across Alaska Basin on the Wind River Campus are approximately 60 feet in height. The Panomar Apartment Building in Marina Village is eight stories and approximately 85 feet in height.) The Master Plan also allows the Planning Board to approve a Design Review application that exceeds the maximum 90-foot height at the northern end of the site if a finding can be made that the exceptional architectural design warrants an exception to the height limit and the additional height allows for an increase in the amount of commercial space within the project.
The General Plan states that the Master Plan for Encinal Terminals should:
“Require building heights to “step down” as they approach the water.
To ensure design compatibility with adjacent developments and neighborhoods; limit new building heights to 60 feet.
Require that new development provide a pedestrian-friendly scale with building sizes consistent with adjacent and historic land uses in the area.
Given that Encinal Terminals is surrounded by water on three sites, taller buildings should be located at the southern end of the site.
To allow the "step down to the water" architectural forms and building massing, the Planning Board recommended the following General Plan amendments:
“To eEnsure design compatibility with adjacent developments and neighborhoods; limit new building heights to 60 feet.
Given that Encinal Terminals is surrounded by water on three sides, taller buildings should be located at the southern end center of the site.
The proposed General Plan amendment does not increase the maximum number of housing units allowed on the site. The amendment merely allows for a more visually appealing stepping down of building heights and building mass.
The 589 units could be constructed on the site within the 60-foot height limit established by the General Plan policy, but an amendment to the General Plan policy will allow for a more varied and interesting architectural design that allows buildings to “step down” to the water. Without the General Plan Amendment, building profiles would be more uniform and boxy and would not step down from the center of the site to the waterfront. The Master Plan would need to be amended to establish a 60-foot height limit and eliminate the 40-foot waterfront height limit if the General Plan Amendment is not approved. State law prohibits any regulation that makes it physically infeasible to build the 589 units.
City Council Actions: At this time, staff is recommending approval of:
• A resolution making findings regarding the FSEIR for the development of the property, as required by the California Environmental Quality Act (CEQA) and an ordinance approving a Development Agreement which establishes the obligations, terms, and authorization to execute a Public Trust Lands exchange, the seven acres of public waterfront parks, the Clement Avenue extension, the Housing Assistance Program contribution, the public art requirement, and other public benefits.
The ordinance approving the Development Agreement requires the affirmative vote of four of the five City Council members. The remaining ordinance and resolutions require a simple majority vote (3 affirmative votes). If the Development Agreement Ordinance fails to receive four votes, the remaining ordinance and resolutions will need to be revised and brought back to the City Council for its consideration at a later date.
• A resolution approving a General Plan Amendment to modify two General Plan policies to allow for a greater variety of building heights and lower waterfront height limits in the Master Plan. If the General Plan Amendment fails to receive three (3) votes, the Master Plan height limits will need to be revised.
• An ordinance approving the Encinal Terminals Master Plan and Affordable Housing Density Bonus, which establishes the requirements and standards, including height limits, for the development of the reconfigured public trust lands and the adjacent private property to support development of 589 housing units, seven acres of public waterfront open space, up to 50,000 square feet of commercial use, and a 160-slip marina.
FINANCIAL IMPACT
Development of the property consistent with the recommended ordinances and resolutions will:
• Result in a net annual increase in revenues to the General Fund of between $855,500 and $1,093,659, as estimated by an Economic Planning Systems (EPS) fiscal impact study (Exhibit 4). The lower number assumes that 75% of the units are rental units, 25% are for sale units, and 30,000 square feet of commercial space is occupied. The higher number assumes 50% for rent, 50% for sale, and 50,000 square feet of commercial space occupied. If more than 50% of the units are sold as condominiums, the net fiscal benefit to the City will increase above $1,093,659. In addition, the project will be paying Development Impact Fees to cover its fair share obligations for citywide park expansions, transportation improvements, public safety facilities and other capital improvements needed to accommodate citywide growth. Since the revenues to the General Fund generated by the project will exceed the municipal service costs associated with the development, the project will not pay the Improvement Tax, which is a one-time fee on new developments designed to ensure that municipal services generated by the development do not negatively impact the General Fund.
• Provide for a minimum financial contribution of $1,500,000 to the cost of acquiring the necessary land for the Clement Avenue extension.
• Provide over seven (7) acres of public waterfront parks, promenades and facilities at no cost to the Alameda community, with a construction cost of approximately $30 million.
• Provide the City with an opportunity for a future Tidelands lease for the reconfigured and expanded Public Trust Lands, with a significant increase in revenues over the $11,000 per year currently being received from the existing 6.4 acres.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed Public Trust property reconfiguration and Master Plan are consistent with, and implement, the City of Alameda General Plan Northern Waterfront Element, Housing Element, and Transportation Element. The proposals are also consistent with the City of Alameda Local Climate Action Plan. The proposed amendments to two of the policies in the General Plan facilitate implementation of the other General Plan policies for the site.
ENVIRONMENTAL REVIEW
In 2008, the City of Alameda certified an EIR for the Northern Waterfront General Plan Amendment. In February 2017, the City of Alameda released a draft Subsequent EIR for this Master Plan, which is designed to implement the Northern Waterfront General Plan Element. In June 2017, the City released the Final Subsequent EIR. The project, if approved, will be required to implement all of the mitigation measures in the Northern Waterfront General Plan EIR and the Subsequent EIR included in Exhibit 5.
RECOMMENDATION
Hold a public hearing and adopt the following ordinances and resolutions to govern the future development of the Encinal Terminals property located at 1521 Buena Vista Avenue: 1) Introduction of an ordinance approving a development agreement authorizing a Public Trust Lands exchange, completion of the Clement Avenue extension, and other public benefits, 2) Introduction of an ordinance approving a Master plan and Density Bonus application, 3) Adoption of a resolution approving an Amendment to two General Plan policies related to building heights on the Encinal Terminals site, and 4) Adoption of a resolution making findings for Focused Supplemental Environmental Impact Report prepared for the project pursuant to the California Environmental Quality Act.
Respectfully submitted,
Debbie Potter, Community Development Director
By,
Andrew Thomas, Assistant Community Development Director
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
The following exhibits are also available for public review at the City Clerk’s office:
1. Encinal Terminals Development Agreement and Exhibits
2. Encinal Terminals Master Plan
3. Affordable Housing Density Bonus Application
4. Encinal Terminals Fiscal Impact Study
5. Final and Draft Supplemental Environmental Impact Reports and Mitigation Monitoring and Reporting Report