Title
Public Hearing to Consider Adoption of Resolution Adopting a Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, General Plan Land Use Diagram and Text Amendment for the Property on the West Side of McKay Avenue (APN 74-1305-26-2) (PLN18-0198) to Allow for Private Use of the Property for a Wellness Center; and
Introduction of an Ordinance Amending Alameda Zoning Map for the Property on the West Side of McKay Avenue (APN 74-1305-26-2) to Remove the G Government Combining District Designation to Allow for Private Use of the Property for a Wellness Center. (Community Development 481001)
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To: Honorable Mayor and Members of the City Council
From: David L. Rudat, Interim City Manager
EXECUTIVE SUMMARY
Alameda Point Collaborative has requested the Zoning Map and General Plan amendments necessary to develop 90 units of assisted living, a 50 bed medical rehabilitation center, 7,000 square feet of associated medical clinic facilities, and a small resource center on a 3.65 acre property located on McKay Avenue.
On October 8, 2018, the Planning Board approved a resolution recommending that the City Council adopt the Mitigated Negative Declaration and approve the General Plan and Zoning Map amendments necessary for the proposed use of the land.
Staff recommends that the City Council follow the Planning Board’s recommendation and adopt the Mitigated Negative Declaration and approve the General Plan and Zoning Map amendments. A Zoning Map amendment is required to remove the Government (G) Overlay and a General Plan amendment is required to change the General Plan land use designation from Federal Facilities to Office to be consistent with the underlying zoning.
BACKGROUND
The applicant, Alameda Point Collaborative, is requesting a General Plan and Zoning Map amendment for the approximately 3.65 acre property located on the west side of McKay Avenue (APN 74-1305-26-2). The property is currently owned by the Federal Government and occupied by eleven vacant laboratory, office, and residential buildings. The former federal facilities were constructed in 1942 to support a training facility and barracks for the US Maritime service during World War II. The Federal Government has entered into a lease with and intends to convey the land to Alameda Point Collaborative, which proposes to use the property for a “Wellness Center” for formerly and currently homeless individuals. The Wellness Center will include:
• 90 units of assisted senior housing for formerly homeless individuals, who are some of the frailest and most vulnerable residents, many of whom are suffering from debilitating illnesses, including complex and chronic medical and psychosocial conditions;
• A 50-bed medical respite center, which provides rehabilitation services for homeless individuals who have recently been discharged from a hospital, thereby reducing the frequency of emergency room visits and avoiding hospital readmissions that are preventable with proper care and transition support for homeless individuals;
• A Resource Center that assists Alameda residents in a housing crisis or the recently homeless to locate appropriate housing and services; and
• A small 7,000 square foot Primary Care Clinic, which provides outpatient services primarily for facility clients.
With the exception of the respite center and primary care clinic, which will be located in a new building constructed in the location of an existing building of similar size, all of the other uses would be contained in existing buildings. The site would remain fenced and gated, and 85 on-site parking spaces would support the uses. Four existing accessory buildings would be removed and the open space and landscaped areas on the site would be increased by 26,290 square feet.
The applicant’s application and proposal and site plan is included in Exhibit 1.
DISCUSSION
Since the property is owned by the Federal Government, the current General Plan designation for the site is Federal Facilities and the current zoning designation is Administrative-Professional (A-P) District, with a Special Government Combining District (G) Overlay (“G Overlay”).
Alameda Municipal Code section 30-4.17 (G, Special Government Combining District) states that the G District classification shall be combined with the district classifications applied to all lands in the ownership of the U.S. Government or the State of California and that “[p]rior to the use of any lands by any private or public entity other than the United States or State of California, through purchase or pursuant to lease from the U.S. Government or State of California, rezoning procedures shall be completed to remove the G classifications and to consider further appropriate district classification changes.”
Therefore, the proposed use of the land by Alameda Point Collaborative requires a Zoning Map amendment to remove the G Overlay and a General Plan amendment to change the General Plan land use designation for the subject property from Federal Facilities to Office to be consistent with the underlying A-P zoning. All other land use designations would be maintained.
Removing the G Overlay and changing the General Plan designation from Federal Facilities to Office does not change the development capacity on the property. The G Overlay designation does not include any development standards, such as height limits, setbacks, lot coverage or even use standards. All of the site development standards, regulations and requirements are located in the underlying A-P Zoning District. Therefore, removing the G Overlay has no implication for the types of uses that might be allowed on the site or the intensity of development that is allowed.
Likewise, the Federal Facilities General Plan land use designation has no development standards or land use policy recommendations. It simply identifies the lands as Federal Facilities. Therefore, once the lands are transferred out of Federal ownership, the Federal Facilities General Plan designation becomes inappropriate. Since all of the non-federally owned properties in Alameda that are zoned Administrative-Professional are designated Office in the General Plan, staff and the Planning Board recommend the Office General Plan designation for this property to replace the Federal Facilities designation.
The existing underlying Administrative Professional (A-P) Zoning District designation allows for medical facilities and clinics, rest homes, nursing homes, convalescent homes, and sanitariums. Other properties in Alameda that are zoned A-P include facilities comparable to the Wellness Center, such as the:
• Bay View Rehabilitation Hospital facilities and clinics at the intersection of Otis Drive and Willow Street;
• Alameda Hospital and clinics at the intersection of Clinton Avenue and Willow Streets;
• Clinics and office spaces at Otis Drive and Park Street; and
• Crown Bay Nursing and Rehabilitation Center office facilities at 512 Westline Street.
The proposed Office General Plan land use designation applies to professional and administrative offices not located in business districts or business parks. Other properties in Alameda that have the Office General Plan land use designation include the following:
• Assisted living facility on Park Street at Blanding;
• Medical clinics on Santa Clara between Oak Street and Walnut Street;
• Waters Edge Hospice and Elder Village on Island Drive;
• Bay View Rehabilitation Hospital facilities and clinics at the intersection of Otis Drive and Willow Street; and
• Crown Bay Nursing and Rehabilitation Center office facilities at 512 Westline Street.
Open Space Zoning At the Planning Board meeting, speakers requested that the Planning Board recommend that the City Council rezone the property from Administrative Professional (AP) to Open Space, or that the Planning Board delay any decision on the requested removal of the G-Overlay until such time that signatures have been collected to place a citizens initiative on the ballot to rezone the property to open space. Assisted living and medical facilities are not a permitted use in the open space zoning district, which would prohibit the establishment of the Wellness Center.
On November 5, an initiative petition to change the land use designation for the property to open space was filed with the Alameda City Clerk. The Registrar of Voters will complete a random sample check of the signatures, and if the petition qualifies, the Council will have an opportunity in 2019 to either (1) request a report on impacts (which must be brought back within 30 days), (2) call an election, or (3) adopt the ordinance.
Staff does not believe the findings can be made for the City Council to rezone the property from Administrative Professional to Open Space. To rezone the property, the City Council must make a finding that the rezoning to open space is in the public interest and supports the general welfare of the entire community. Since the proposed rezoning would prohibit the use of the approximately 3.65 acres for the Wellness Center and would preserve the land for future park expansion, the Council must consider which land use best supports the public interest and general welfare of the Alameda community.
Staff recommends that the City Council find that the use of the land for senior assisted living and rehabilitation services serves a greater public purpose and better supports the general welfare of the community than rezoning the property for open space, based on the following findings:
• The City of Alameda is in the midst of a citywide and regional housing crises. More and more senior citizens are being displaced from their homes and are living in cars, in parks, and on the street. Use of the approximately 3.65 acre property for senior assisted living and medical services for formerly homeless seniors addresses a critical citywide need that is not being addressed elsewhere in the City.
• In contrast, the City of Alameda is dramatically expanding its citywide park network. In 2017, the City celebrated the opening of the new 8-acre Estuary Park and Miracle League playing fields. On December 15, 2018, the City will celebrate the grand opening of the new 21-acre Jean Sweeney Park. This past year, construction began on “Site A” at Alameda Point, which includes construction of the first 2.6 acres of the over 300 acres planned for open space at Alameda Point. The City is currently in talks with the East Bay Regional Park District for the creation of a new 130-acre regional park on the Northwest Territories at Alameda Point, and the City of Alameda has an additional 20 acres programmed in the General Plan for future park use at Harbor Bay at “Mt. Trashmore”. The City has also approved 2.4 acres of new waterfront public open space at Alameda Marina, 2.5 acres of new public open space at Encinal Terminals, and an additional 2 acres of public open space is proposed at the Shipways site in Alameda Marina. The neighborhood adjacent to the 3.65-acre Wellness Center site is immediately adjacent to the 80-acre Crab Cove and Shoreline Beach, which is being expanded by the East Bay Regional Park District.
• The East Bay Regional Park District, which just acquired an additional 2.5 acres immediately to the south of the Wellness Center property, has expressed no interest in acquiring the subject property, and the City of Alameda does not have the financial resources available at this time to purchase the property, demolish the eleven buildings, and create a park. Furthermore, any City financial resources that were to be devoted to the project would need to be taken from future allocations necessary to complete the final phases of the Jean Sweeney Park, the Estuary Park and the major park expansions planned for Alameda Point.
Therefore, from staff’s perspective, at this time, the findings cannot be made that the general welfare of the Alameda community would be better served by rezoning the property to open space.
Conclusions and Recommendations:
In conclusion, staff is recommending the proposed amendments to the General Plan and Zoning Map to allow the land to be used by Alameda Point Collaborative to develop the Wellness Center for the following reasons:
• On October 8, 2018, the City of Alameda Planning Board recommended adoption of the proposed amendments to the General Plan and Zoning Map to allow the Wellness Center.
• On June 28, 2018, the City of Alameda Social Service Human Relations Board (SSHRB) approved a motion in support of the Wellness Center proposal, and on September 25, 2018, SSHRB sent a letter of support for the project to APC (Exhibit 2).
• The proposed Wellness Center supports General Plan Housing Element Goals and policies, particularly Goal #2, and policies HE-2, HE-3 and HE-4:
Goal #2: Provide housing that meets the City’s diverse housing needs, specifically including affordable housing, special needs housing, and senior housing.
Policy HE-2: Expand the City’s supply of affordable rental and ownership housing for extremely low-, very low-, low-, and moderate-income households.
Policy HE-3: Create rental, homeownership, and other housing opportunities for special needs populations such as the elderly, homeless and people at risk of becoming homeless, people with physical and/or developmental disabilities, single-parent households, and young adults.
Policy HE-4: 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.
• The 2018 Homelessness Report (Exhibit3), adopted by the City Council in March 2018, included a recommendation for funding predevelopment activities for the Wellness Center and recognized the important role of the project in the continuum of care for elderly and medically frail homeless people.
• The property is transferring out of Federal ownership. The AMC requires removal of the G Overlay when the property transfers out of Federal ownership, therefore, the G Overlay must be removed, leaving the underlying A-P Administrative Professional Zoning District designation. The proposed Wellness Center facilities and uses are consistent with and permitted by the A-P Administrative Professional Zoning District.
FINANCIAL IMPACT
There is no financial impact to the General Fund from approving the recommended amendments to the General Plan and Zoning Map. Once the property conveys to private ownership, the property will be added to the tax rolls and will be subject to future property taxes, which it was not subject to under federal ownership.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
As described above, the proposed amendments are consistent with General Plan policy and Alameda Municipal Code requirements.
ENVIRONMENTAL REVIEW
Amendments to the General Plan and Zoning Map constitute a “project” subject to the California Environmental Quality Act (CEQA). In this case, the proposed General Plan and Zoning Map amendments allow for the eventual use and improvement of the property for the Wellness Center described above. Therefore, the City of Alameda, as the lead agency under CEQA, prepared a draft Mitigated Negative Declaration (Exhibit4) for the project. The Mitigated Negative Declaration (MND) considers the potential environmental impacts of the project including the potential impacts of future actions by the applicant to demolish existing buildings and build new buildings to accommodate the new uses. The MND finds that some construction activities may result in some potentially significant impacts as the result of demolition activities, excavation activities, or other construction activities, but that all of the potential impacts can be mitigated to a level of less than significant through standard construction mitigations.
At the Planning Board public hearing and in recent correspondence the City has received two comments on the adequacy of the analysis of the impacts of the proposal on the natural environment, which are addressed below.
Risk of Wildland Fires: CEQA requires the lead agency to consider whether the use of the property for a wellness center would result in a significant risk of “exposing people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residents are intermixed with wildlands.” The draft MND determined that the site is in an urbanized area, at the center of a major metropolitan area, on a site that was formerly used for laboratory, and residential and office uses that is across the street from a regional park facility. The MND determined that the use of the McKay property for assisted living and medical services would not result in a significant risk of fires at Crab Cove Park that would then result in the loss of life, death or injury to people living in the vicinity. Staff has not found any evidence that the MND inadequately considered the risk from wildland fires nor has staff identified any evidence that that this project would result in a significant impact to hazards or hazardous materials.
Impacts on Neptune Plaza: The owner of the nearby Neptune Plaza commercial center submitted comments arguing that the MND did not adequately evaluate the impacts of the proposal on the commercial center. His letter describes in length his experiences and concern about homeless individuals who have spent time near or on his property in Alameda and Oakland.
Staff has not found any evidence that the MND inadequately evaluated the impact of this proposal on Neptune Plaza. First, CEQA requires an evaluation of the impacts of the proposal on the natural environment, not on the commercial environment. Second, the commenter seems to misunderstand the proposal. The proposal is not a homeless shelter that might attract homeless individuals that might decide to sleep at Neptune Plaza instead of in a shelter. It is also not a drop in center. The proposal is an assisted living facility and medical rehabilitation center. Residents and patients will need to be accepted for admittance at the Wellness Center. They cannot drop in. They will also not be ‘discharged” onto the street. Residents of the assisted living facility will live in the facility until the end of their lives. Patients in the rehabilitation center are recovering from a hospital stay. During their stay, the Alameda Point Collaborative will be working with its regional partners to find permanent housing for the rehabilitation center patients, who can then be transported by vehicle or ambulance to their future home.
RECOMMENDATION
Conduct a public hearing and approve a Planning Board recommended Resolution to adopt a Mitigated Negative Declaration, approve General Plan Land Use Diagram and text amendments, and introduce a first reading of an Ordinance amending the Zoning Map Designation to allow conveyance of approximately 3.65 acres of land (APN 74-1305-26-2) from the Federal Government to Alameda Point Collaborative for use as a Wellness Center for formerly and currently homeless individuals.
Respectfully submitted,
Andrew Thomas, Interim Planning, Building and Transportation Director
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Application and Proposal
2. Letter of Support
3. 2018 Homelessness Report
4. Draft Mitigated Negative Declaration