Title
Boatworks Project, PLN 20-0118, -0119, -0120, -0121 and -0122 at 2229 and 2235 Clement Avenue - Applicant: Boatworks LLC. A Public Hearing to consider entitlements for the development of the 9.4 acre property located at 2229 - 2235 Clement Avenue with 182 residential units and a publicly accessible waterfront open space. The entitlements include requests for a tentative map, density bonus, development plan, open space design review, and development agreement. An environmental impact report was certified in 2010 for the project in compliance with the California Environmental Quality Act and no further review is required.
Body
To: Honorable President and
Members of the Planning Board
From: Andrew Thomas, Planning Building and Transportation Director
Date: March 23, 2020
EXECUTIVE SUMMARY
The project applicant, Boatworks LLC, is requesting that the City of Alameda approve a Tentative Map, a Density Bonus and waivers, a Development Plan, a waterfront open space design review application and a development agreement to govern the development of 182 housing units and publicly accessible waterfront open space on the 9.4 acre vacant property located at the corner of Clement Avenue and Oak Street. The City of Alameda approved a similar Tentative Map and Density Bonus application for a 182 unit project in 2011 and a similar Development Plan and Open Space design review application in 2016.
The property has been the subject of numerous lawsuits over the years. On March 3, 2020, the City Council approved entering into a Settlement Agreement with Boatworks to resolve three existing lawsuits filed by Boatworks against the City of Alameda and allow for the development of the site for much needed new housing and waterfront access.
BACKGROUND
The development of the property located at the intersection of Clement Avenue and Oak Street has been the subject of eight lawsuits between the property owner and the City over the last 15 years. In 2010, the City Council approved a Settlement Agreement, General Plan amendment, zoning map amendment and certified an Environmental Impact Report (EIR) for 242 residential units on the property. As a result, the majority of the property is currently zoned R-2 with a Planned Development overlay. The waterfront edge of the property is zoned Open Space. In 2011, the City Council approved a Tentative Map and Density Bonus application for a 182-unit residential project with 21 affordable housing units and an approximately 1.8-acre waterfront open space. In 2016, the Planning Board approved a Development Plan and Open Space Design Review application for the project.
Due to a variety of factors, the applicant chose not to initiate development of the property consistent with the 2011 and 2016 approvals.
On March 3, 2020, the City Council approved a new Settlement Agreement with Boatworks intended to resolve the three current lawsuits between the parties. The proposed settlement requires new entitlements for the development of the property.
analysis
The Planning Board’s role is to advise the City Council on the requested entitlements. Pursuant to Alameda Municipal Code (AMC) requirements, the Planning Board must make a recommendation to the City Council on a Tentative Map, a Density Bonus application, and a Development Agreement. Since the Development Plan relies on the density bonus, the City Council must also make the final decision on the Development Plan, which includes the Open Space Design Review application.
Tentative Map. The Tentative Map (Exhibit 1) proposes to subdivide the property into 153 residential lots to allow for 182 residential units, including 21 affordable units, internal roads, and a publicly accessible 1.8 acre waterfront open space. The 2011 Tentative Map also allowed for 182 residential units, including 21 affordable units, and a publicly accessible waterfront open space. The proposed Tentative Map provides public access easements on the waterfront open space, the central paseo provided through the project from Clement Avenue to the waterfront open space, and on the internal streets.
Unlike the 2011 Tentative Map, Boatwork’s 2020 Tentative Map does not propose any construction of new decks over the Oakland Alameda Estuary to serve as additional open space. Construction of the proposed project will not require any work in or over the water or any change to the existing seawalls and rip rap which define the northern edge of the property.
Affordable Housing Density Bonus. Similar to the 2011 Tentative Map, the 2020 Tentative Map relies on a 30% Affordable Housing Density Bonus and certain waivers and incentives/concessions permitted under State Density Bonus Law to allow for a mix of single family detached homes, attached multifamily townhomes, and a 30 unit, five story apartment building at the corner of Clement Avenue and Oak Street.
As described in Density Bonus application (Exhibit 2), the applicant proposes to deed restrict 9% (13 units) of the units for very low income households and 6% (8 units) for moderate income households, which qualifies the site for a 30% density bonus for a total of 182 units. (Under the R-2 zoning regulations (AMC Section 30-4.2), the property can accommodate 140 residential units.)
Under state law, a unit restricted to very low income households is also by definition a unit that qualifies as a low income unit and/or a moderate income unit. Therefore, by providing 13 very low income units and 8 moderate income units, the applicant has met the City’s inclusionary housing requirement (AMC Section 30-16.4) for 4% very low, 4% low income, and 7% moderate income units.
Pursuant to State Density Bonus law and Alameda’s density bonus ordinance (AMC Section 30-17), the applicant is requesting waivers from the AMC prohibition on multifamily housing (AMC Sections 30-50, 30-53) and the AMC prohibition on lot sizes less than 2,000 square feet in size (AMC Section 30-4.2.d). Both waivers are necessary to physically accommodate the 182 units on the property.
Under State Density Bonus Law, the applicant qualifies for one incentive/concession (i.e., a reduction in site development standards or modifications of zoning requirements that result in identifiable and actual cost reductions to provide for affordable housing costs). The applicant is requesting a concession from the City of Alameda’s requirement that affordable housing be of comparable size to the market rate units and distributed throughout the project (AMC Section 30-17.8). As shown in the Development Plan affordable housing proposal, all 21 affordable housing units are located in a single, 30 unit building at the corner of Oak and Clement. The affordable units are also not comparable in size to the market rate units. As shown on page DP-3 of the Development Plan, 150 market rate townhomes and single family homes range in size from 2,800 to about 1,672 square feet, and two of the 152 market rate townhomes are 1,098 feet in size. In contrast, only four of the 21 affordable units are over 1,000 square feet, and the other 17 affordable units are between 800 and 420 feet in size. The applicant’s density bonus application argues that the concession is necessary to provide for the cost of providing the affordable units.
The applicant has also requested waivers from the Universal Design, Parking, Open Space, and R-2 Zoning Ordinance that staff is not recommending for approval at this time:
Universal Design Waivers. The applicant is requesting a waiver from the Universal Design ordinance requirement for 100% visit-able units. Staff is not recommending the waiver at this time because the applicant has not provided evidence that a waiver is needed. The Universal Design allows the Disability Commission and Planning Board to reduce Visitability requirements when approving Design Review for the buildings. The applicant has not provided floor plans for Design Review approval, therefore it is not possible to determine if the Universal Design ordinance makes it infeasible to physically fit 182 units on the property. Based upon evidence from the neighboring Alameda Marina project, a State Density Bonus waiver is not needed from the Universal Design Ordinance, even if the project is unable to achieve 100% Visitability. (Alameda Marina achieved 92% Visitability.) Staff is recommending that the applicant submit project floor plans for review by the Disability Commission and Planning Board at a later date.
Height, Setback, Open Space, and Parking Waivers. Staff does not recommend waivers under State Density Bonus for building height, setback, coverage, and parking because they are not needed. The Planned Development zoning allows the Planning Board and City Council to approve the applicant’s requested building heights, setbacks, and parking plans as shown in the Development Plan, without the need for State Density Bonus waivers. Staff is not recommending the requested waiver from the open space requirements, because the Development Plan provides evidence that the development will meet the Zoning Requirements for 600 square feet of open space per unit. (See discussion below under Open Space.)
Development Plan. The R-2/PD site zoning requires approval of a Development Plan and Design Review. Since the applicant may sell the entitlements to a home builder, the applicant has not submitted Design Review plans for the architectural design of the buildings. Those plans will be submitted at a later date by either Boatworks, LLC or a future owner of the property.
However, to establish an agreed upon plan for the location, height, and setback of buildings on the property, Boatworks has submitted a Development Plan for the property that is consistent with the Tentative Map. In addition, Boatworks has submitted a Design Review application for the waterfront open space. Pursuant to Section 30-4.13.e, the Planning Board may approve a Development Plan with setbacks, building heights, and parking standards that vary from the underlying R-2 zoning district.
Similar to the 2011 Tentative Map and conditions of approval, the 2020 Development Plan ensures that:
• All new homes and buildings adjacent to Oak Street and Clement Avenue will face Oak Street and Clement Avenue and be set back 10 feet from the back of the public sidewalk.
• Automobile driveways and curb cuts on Oak and Clement will be limited to two locations: an extension of Elm Street off Clement and an extension of Blanding Avenue at Oak Street into the project.
• New sidewalks will be constructed on the west side of Oak Street (currently no sidewalk exists) and on the north side of Clement, which will support the plan for the Cross Alameda Trail and protected 2-way bicycle facility, which will pass in front of the project on Clement.
• The single family homes and townhomes will be three to four stories with a maximum height of 45 feet, and the multifamily building at the corner of Oak and Clement will be four stories over a ground floor garage for a total height of 65 feet.
• Internal setbacks from the face of buildings to the internal sidewalks will vary from four feet to 10 feet.
• Two car garages will be provided for 208 of the single family units and townhomes. One car garages will be provided for the 48 of the townhomes and the 30 units in the multifamily building.
The 2020 Development Plan differs from the 2011 Tentative Map in that:
• The number of single family homes decreased from 46 to 30.
• The number of homes fronting onto the waterfront open space decreased from 18 to 14.
• The number of duplex units increased from 40 to 68.
• The number of attached townhomes in groups of three to eight decreased from 67 to 54.
• The multifamily building located at the corner of Oak Street and Clement Avenue increased in size from 29 units to 30 units.
Open Space Design Review The publicly accessible waterfront open space will be approximately 1.5 acres in size and will be accessed from a central public paseo running up through the project from Clement Avenue to the waterfront. The waterfront open space will also be accessible from the intersection of Oak and Blanding (by the Little House Café) via a new public path along the eastern edge of the project to the waterfront, from a Blanding Avenue extension into the project where Blanding intersects with the public open space, and from the Elm Street extension into the project.
Similar to the 2016 Design Review approval, the central “Boatworks Green” will be designed as a bio retention lawn that will serve as useable open space during dry seasons and as a storm water retention area during wet weather. A similar design was constructed at open space in the Alameda Landing residential development between 5th Street and Bette Street.
Despite the reduction in the size of the open space, the project is designed to meet the AMC requirement for 600 square feet of open space per unit in the R-2 zoning district or a total of approximately 2.5 acres of common and/or private open space. The project will meet this requirement with 1.5 acres of useable “common” open space and small private front yards and private roof top decks for each of the 152 townhome and single family units. As shown on Development Plan page DP-08 most of roof top decks will range in size from 155 square feet to 514 square feet in size.
Development Agreement. To establish certainty for both parties, the 2020 Settlement Agreement proposes a 15 year Development Agreement, as authorized by and in compliance with the requirements in state law (Gov. Code § 65864 et seq.) and the City’s development agreement regulations (AMC §§ 30-91 - 30-95). The Development Agreement establishes the following commitments:
• Boatworks, or a future buyer of the property, will develop the property consistent with the approved plans, including 182 residential units, 21 of which will be deed-restricted affordable units, and a publicly accessible waterfront open space.
• The project will not be subject to any new land use laws or fees adopted after execution of the Development Agreement.
ENVIRONMENTAL REVIEW
In September 2010, the City Council certified an Environmental Impact Report (EIR) evaluating the impacts of a 242-unit project on the site. The EIR also included a reduced density alternative of approximately 182 units. None of the circumstances necessitating further environmental review are present. The Tentative Map and Development Plan are conditioned to implement all of the mitigation measures required for the reduced density alternative.
RECOMMENDATION
Hold a Public Hearing and approve the following:
• Draft Resolution recommending City Council approval of the Density Bonus, Tentative Map, Development Plan and Open Space Design Review, and
• Recommend by motion the draft Ordinance approving the draft Development Agreement.
Respectfully Submitted By:
Andrew Thomas
Planning, Building, and Transportation Director
Exhibits:
1. Tentative Map
2. Density Bonus application
3. Development Plan and Open Space Design Review
4. Development Agreement
5. Draft Resolution recommending City Council approval of Tentative Map, Density Bonus, Development Plan and Open Space Design Review.
6. Draft Ordinance approving Development Agreement