Title
Public Hearing to Consider Adoption of Resolution Amending the General Plan Business Park Classification to Clarify the Allowable Floor Area Ratio (FAR) at Harbor Bay Business Park, as Recommended by the City Planning Board. (Planning and Building 481005)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
The proposed General Plan Text Amendment would clarify a long-standing inconsistency in the Land Use Element regarding the maximum allowable floor area ratio (FAR) for new buildings in a portion of the Harbor Bay Business Park with frontage on the San Francisco Bay. The floor area ratio describes the relationship of the building size as measured by floor area to the size of the lot. Specifically the floor area ratio is determined by dividing the gross floor area of the building by the total area of the lot. The recommended amendment establishes consistency between the Land Use Element text, the Land Use Element Land Use Designations, and the existing business park Planned Development zoning regulations by clarifying that a 0.5 FAR limit only applies to waterfront properties at the Harbor Bay Business Park located between the lagoon and the Bay.
The Planning Board unanimously recommended the amendment on September 23, 2019. Staff is recommending approval of the amendment.
BACKGROUND
The Harbor Bay Industrial Park Development Plan, approved by Planning Board Resolution No. 1203 in 1981, and amended by Planning Board Resolution No. 1533 in 1985, establishes the development standards for the Harbor Bay Business Park. Planned Development No. PD-81-2, as amended in 1985 by PDA-85-4, established a “special” maximum FAR of 0.5 for the portion of the business park fronting Bay Edge Road located between the lagoon and the Bay. This portion of Bay Edge Road is now the portion of Harbor Bay Parkway immediately located along the Bay frontage. PD-81-2 and PDA-85-4 contain the following language:
46. Special criteria for the area between the lagoon and bay shall be as follows:
b. Floor area ratio (FAR) shall not exceed a ratio of 0.5:1 with increases in gross floor area permitted proportional to the amount of required parking provided within a structure or structure(s) up to a maximum FAR of 2:1 where all required parking is enclosed in a structure.
The resolution findings for both PD-81-2 and PD-85-4 make reference to the special FAR for the waterfront properties and state that it is necessary to “retain control of sensitive aesthetic environment in the area between the lagoon and the bay.”
The Harbor Bay development standards and entitlements were vested by the City Council when they approved the 1989 Development Agreement, which specifically references Resolution Nos. 1203 and 1533. When entitlements are “vested” by a development agreement, future development standards adopted by the City, which are more restrictive, do not apply to the vested development.
In 1991, the City Council approved the new Citywide General Plan update. The new Land Use Element included Land Use Element Policy 2.8.a, which states: “Support development of Harbor Bay Business Park consistent with existing approvals and agreements.”
However, the 1991 Land Use Element Business Park Land Use classification failed to accurately reflect the existing approvals. The language of the Land Use Classification implies that 0.5 FAR applies to the entire Business Park, not just the waterfront Bay Edge Road area of the Park. The 1991 Land Use Classification text reads as follows:
Harbor Bay Business Park and portions of Marina Village consist primarily of offices, but also may include research and development space, manufacturing, and distribution. Harbor Bay plans include a small amount of retail space and a conference-oriented hotel. Maximum FAR is .5, with increases up to a maximum of 2 permitted, proportional to the amount of required parking enclosed in a structure.
The General Plan land use classification states that the 0.5 FAR standard applies to the entire Harbor Bay Business Park and Marina Village Business Park, which is in conflict with Policy 2.8.a and the “existing approvals and agreements.” The FAR limit in the development standards of PD-81-2 and PDA-85-4 demonstrate that the 0.5 FAR limit is only applicable to the portion of the Business Park along the edge of the Bay (Exhibit 2).
Between 1991 and 2017, City staff and Planning Board interpreted these policies to mean that the 0.5 FAR only applies to the portion of Harbor Bay Business Park along the waterfront, consistent with the existing 1981, 1985, and 1989 entitlements.
DISCUSSION
In 2017, during consideration of a parcel map for a hotel at 1700 Harbor Bay Parkway, which is not located on the waterfront, Unite Here (the hotel workers union) argued that the parcel map should not be approved because the proposed FAR was greater than 0.5 and, therefore, not consistent with the General Plan land use classification. The City Council stated that since the language in the General Plan was not clear, they would be unable to make the findings for the parcel map. The property owner withdrew their application for the parcel map, but was able to proceed with their hotel expansion.
In 2018, the City received another application for a new hotel at 1051 Harbor Bay Parkway (at the intersection with Ron Cowan Parkway), which is not located on the waterfront. The proposal has a proposed FAR of 0.8.
In 2018, Exelixis, a rapidly-growing life science company that develops cancer treatments, relocated to the City of Alameda (City) after calling South San Francisco its headquarters for 20 years. The company of over 500 employees currently leases four of six office/lab buildings at The Waterfront campus in the Harbor Bay Business Park.
Exelixis would like to expand to a vacant lot adjacent to its campus at 1951 Harbor Bay Parkway. The company anticipates construction of a new 220,000-square-foot office building to accommodate approximately 900 new employees.
On September 5, 2019, the applicant filed a General Plan Text Amendment application (Exhibit 1) to clarify the floor area ratio (FAR) requirements for Harbor Bay Business Park in the Land Use Element. The proposed amendment corrects the Business Park Land Use classification, which inaccurately refers to a maximum FAR of 0.5 for the entire Business Park.
On September 23, 2019, the Planning Board unanimously recommended that the General Plan land use classification be amended to clarify that the 0.5 FAR only applies to the waterfront properties located between the lagoon and the Bay. The text amendment will enable Exelixis to continue plans for future expansion of its campus, and will also benefit other projects in the business park, including a pending hotel proposal at 1051 Harbor Bay Parkway that is currently awaiting resolution of the FAR issue.
Consistent with the prior practice and the sequence of events described above, the Planning Board recommends the City Council clarify the General Plan Land Use Element classification to read as follows:
BUSINESS PARK
Harbor Bay Business Park and portions of Marina Village consist primarily of offices, but also may include research and development space, manufacturing, and distribution. Harbor Bay plans include a small amount of retail space and a conference-oriented hotels. Both business parks are characterized by mostly two and three story buildings with surface parking lots and a relatively low FAR of 0.5 to 1.0 depending on the size of the building and the lot. Within the Harbor Bay Business Park, the maximum FAR for development on the waterfront and between the lagoon and the bay is limited to 0.5 Maximum FAR is .5, with increases up to a maximum of 2 permitted, proportional to the amount of required parking enclosed in a structure.
ALTERNATIVES
• Approve the recommended text amendment.
• Deny the recommended text amendment and direct staff and Planning Board to revise the General Plan and Harbor Bay Development Standards to establish a consistent 0.5 FAR limit for all development in the business park. This alternative would prohibit Exelixis from proceeding with its expansion and prohibit the hotel as 1051 Harbor Bay Parkway from proceeding as planned.
FINANCIAL IMPACT
There are no direct financial impacts associated with this General Plan Text Amendment.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Every city and county in the State of California is required to adopt and maintain an up-to-date General Plan, which establishes the local development and conservation policies necessary to guide physical development and protect the general health, safety and welfare of the community. Government Code section 65300.5 requires that the General Plan provide an “integrated, internally consistent and compatible statement of policies for the adopting agency.” The proposed text amendment clarifies the General Plan text that results in an internally consistent Land Use Element and aligns the Business Park land use classification with existing entitlements, as well as the City’s past practice and historical interpretation.
ENVIRONMENTAL REVIEW
The subject General Plan Text Amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment. The proposed amendment does not establish new General Plan policies that could cause an effect on the environment. The amendment clarifies language from the 1991 Land Use Element to result in an internally consistent Land Use Element and aligns the Business Park Land Use classification with existing approved entitlements, consistent with Land Use Element Policy 2.8.a.
CLIMATE IMPACTS
The General Plan recognizes that increasing job opportunities in the City will decrease the need for City residents to drive off-island for employment. Less commute traffic will reduced the City’s greenhouse gas emissions. The text amendment allows two important economic development projects to move forward, both of which will increase job opportunities in Alameda.
RECOMMENDATION
Hold a public hearing and adopt a resolution amending the General Plan Business Park Classification to clarify the allowable Floor Area Ratio (FAR) at Harbor Bay Business Park.
CITY MANAGER RECOMMENDATION
The City Manager concurs with the staff recommendation and Planning Board action.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
By,
Allen Tai, City Planner
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. Application Letter
2. 1981 Road Map
cc: Eric Levitt, City Manager