Title
Public Hearing to Consider a Resolution Recommending City Council Approval of the Amended Encinal Terminals Tidelands Exchange Master Plan and Density Bonus Application and Draft Development Agreement for the Redevelopment of the Encinal Terminals Properties (072-0382-001, 072-0382-002 and 072-0383-003) and City Tidelands Property (APN 072-0382-009) located at 1521 Buena Vista Avenue. A Focused Supplemental Environmental Impact Report for the Tidelands Exchange and Master Plan was prepared and certified in 2017, in conformance with the California Environmental Quality Act.
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EXECUTIVE SUMMARY
On March 8, 2021, the Planning Board reviewed the draft Encinal Terminals Tidelands Exchange Master Plan (“Master Plan”). At the meeting, the Planning Board provided direction for some additional improvements to the Master Plan and approved a resolution recommending that the City Council approve a tidelands property reconfiguration (“tidelands exchange”) to facilitate residential development of the site during the next Housing Element cycle 2023-2031.
The developer indicates that the previously approved project (2018 Master Plan without a tidelands exchange) is not economically viable, and seeks approval of the amended Master Plan and Density Bonus application and a draft Development Agreement, which are intended to facilitate the redevelopment of the site for housing in support of the City’s regional housing needs allocation and upcoming Housing Element update. City Council approval of the Master Plan, Development Agreement and associated Tidelands Exchange will allow the site to be included in the upcoming Housing Element update, because the City will not be able to argue that the site with its existing Master Plan is available for residential development in the upcoming housing cycle. Therefore denial of the proposal by the City Council will require the Planning Board and City Council to up-zone other sites in the City to accommodate the 589 housing units planned for Encinal Terminals.
Staff is recommending that the Planning Board conduct a public hearing and adopt a Resolution recommending that the City Council adopt an ordinance approving the amended Master Plan and Density Bonus application and an ordinance adopting the draft Development Agreement for the development of the Encinal Terminals site consistent with a Tidelands Exchange.
The developer’s application is attached as exhibit 1, the draft Master Plan is attached as exhibit 2, the draft Development Agreement is attached as exhibit 3, and a draft resolution is attached as exhibit 4.
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 Housing Element.
The site is comprised of four parcels: three owned by North Waterfront Cove, LLC (applicant) and one 6.4 acre site owned by the City of Alameda in trust for the State of California (Tidelands Property). The Tidelands Property is located in the middle of the site.
In 2008, after a multi-year community planning process, the City Council approved a comprehensive set of General Plan policies to guide the redevelopment of the Northern Waterfront PDA and the Encinal Terminals site. The General Plan policies support a residential mixed use plan for the Encinal Terminals site and recognize that the current configuration of the Tidelands Property is a constraint on the feasibility of developing the site. The General Plan policies state in part:
“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 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.”
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 policies.
In 2010, the Planning Board terminated the Use Permit for the shipping container storage and repair business that was using the site in support of the Port of Oakland seaport. The prior use generated approximately 150 truck trips per day between the site and Oakland. The site has been vacant since 2010.
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.
In 2016, the City of Alameda received an application from the Applicant requesting a reconfiguration of the property lines (“Tidelands Exchange”) and approval of a Master Plan and Development Agreement for the development of the site consistent with the site’s General Plan and Zoning designations. During a two-year planning process, the Planning Board held six (6) public hearings and workshops to shape the Encinal Terminals development proposal and Tidelands Exchange. In September 2017, the Planning Board held a final public hearing and recommended that the City Council adopt the Focused Supplemental EIR (“Focused Supplemental EIR”), Tidelands Exchange, Master Plan, and Development Agreement for the development of the property with 589 housing units, 50,000 square feet of commercial space, and a 160-berth marina.
On December 19, 2017, the City Council adopted Resolution No. 15337 certifying the Focused Supplemental EIR, which evaluated the environmental impacts of the property with the tidelands exchange, but the City Council was unable to gather the four votes needed to approve the Tidelands Exchange. As a result, the Council did not approve the Planning Board’s recommended Tidelands Exchange Master Plan and Development Agreement that implemented the development of the site consistent with the reconfiguration of the parcel lines.
Following the December 2017 City Council meeting, the applicant revised the Master Plan to develop the property around the 6.4-acre Tidelands Property in its current location. On September 4, 2018, the City Council approved the “no-exchange” Master Plan for the site. Similar to the 2017 “exchange” Master Plan, the 2018 plan included: 589 units, including 79 affordable units in a mix of for-sale townhomes and for-rent apartments; 20,000 to 50,000 square feet of commercial uses; a 160-berth marina; and 3 acres of public waterfront open space.
Since approval of the 2018 Master Plan, the applicant has been unable to attract investment to develop the property consistent with the “no-exchange” Master Plan. As a result, in 2021, the site remains vacant and continues to deteriorate.
In 2020, at the applicant’s request, staff began working with the applicant to re-examine opportunities for a tidelands exchange to facilitate redevelopment of the site. On March 8, 2021, the Planning Board reviewed the draft Encinal Terminals Tideland Exchange Master Plan (“Master Plan”). At the meeting, the Planning Board provided direction for some additional improvements to the Master Plan and approved a resolution recommending that the City Council approve a tidelands property reconfiguration to facilitate residential development of the site during the next Housing Element cycle 2023-2031.
DISCUSSION
Pursuant to Alameda Municipal Code (AMC) requirements, the Planning Board must make a recommendation to the City Council on an amended Master Plan (AMC Section 30-4.20.g), a density bonus application (AMC Section 30-17.4.d), and a Development Agreement (AMC Section 30-92.5).
Tidelands Exchange: On March 8, 2021, the Planning Board approved a resolution recommending that the City Council approve the tidelands exchange for the Property. Approval of the Tideland Exchange by the City Council must occur prior to considering the amended Master Plan and Development Agreement, which are designed to guide development of the property consistent with the exchange.
Since it is not economically feasible to develop the site with the current property line configuration, the site’s approved 589 housing units cannot be included in the upcoming Housing Element update for the 2023-2031 housing cycle. Re-aligning the property lines, referred to in this report as the “Tidelands Exchange”, allows the site to be developed and allows the City of Alameda to include the site’s 589 previously approved units in the upcoming Housing Element update. If the tidelands exchange is not approved, then the City of Alameda will need to up-zone lands elsewhere in the City to accommodate the 589 units, in its efforts to accommodate its RHNA of approximately 5,400 units.
By State Law, Tidelands Property can only be used for maritime purposes or public open space. These lands cannot be used for residential purposes. The existing 6.4 acres of public Tidelands are located in the interior of the site without access to the Estuary for maritime purposes or to the public right of way to allow for public access for public open space. The property line configuration makes it infeasible to develop the public lands or use for public waterfront open space or maritime purposes, unless the adjacent private parcels are developed to provide utilities and access. Likewise, it is infeasible to develop the private lands for residential use, due to the current configuration of the public Tidelands in the middle of the site. Most of the private lands cannot be accessed without crossing public tidelands or water. Therefore, both properties must be developed together, or neither property will be able to develop, and as long as the private lands are infeasible to develop, the public lands will remain undeveloped and inaccessible to the public.
Reconfiguring the property lines as shown below, makes the site financially feasible to develop during the 2023-2031 Housing Element cycle. The reconfiguration allows residential uses to be located within the interior of the site and public open space and maritime uses to be located adjacent to the water and on the adjacent submerged lands.
As shown in the diagrams above, the Public Trust Lands are currently comprised of 6.4 acres in size and located at the center of the property (Figure 1.1). The 6.4 acres are unimproved and have no access to the public right of way, inadequate infrastructure and are subject to sea level rise.
After the reconfiguration of the property lines (Figure 1.2), the Public Trust Land will include approximately:
• 13.2 acres of submerged lands, which shall be improved by removal of the current deteriorating wharf and replaced with a 0.6 acre rehabilitated and improved wharf, a public kayak launch and a public water shuttle landing.
• 4.25 acres of waterfront land for the Bay Trail and waterfront public promenades and plazas.
• 3 acres of land to be used for public roads through the center of the site from Clement Avenue to the northern waterfront edge of the site, and .25 acres of land for Clement Avenue and Cross Alameda Trail right-of-way.
Draft Encinal Terminal Tidelands Exchange Master Plan: The draft Master Plan provides the regulations and standards for the development of the public and private lands consistent with a Tidelands property line reconfiguration.
Master Plan Chapter 1 describes the exchange and the goals of the Master Plan. The Master Plan development program is substantially similar to the Planning Board’s recommended 2017 “exchange” Master Plan and the existing (approved) 2018 Master Plan. The 2021 draft Master Plan includes the following:
• 589 residential units, including 80 deed restricted units in a mix of for-sale townhomes and condominiums and for-rent apartments;
• 20,000 to 50,000 square feet of commercial space;
• 160 marina berths on submerged lands to be owned by the City; and
• 4.5 acres of public waterfront open space, including a public kayak launch and a public water taxi dock. (The “no-exchange” master plan provides only 3 acres.)
Master Plan Chapter 2 describes and depicts the improvements that the applicant will construct for the public on the new public lands. All of the new public parks, plazas, promenades, and open spaces will be constructed by the applicant at no cost to the City, and the cost of maintaining the future public amenities and spaces will be funded through assessments on the property to future Encinal Terminals residents, at no cost to the General Fund.
The Master Plan establishes a phased improvement plan for the new public waterfront lands, which upon completion will include:
• A public promenade and waterfront Bay Trail around the perimeter of the site, with connections to the Cross Alameda Trail on Clement Avenue,
• A public water shuttle dock and kayak launch, and
• A new four-way intersection at the intersection of Clement/Entrance for vehicles, and an extension of Entrance Road from Clement Avenue to the northern edge of the site and water shuttle landing drop off area.
As the owner of the submerged lands, the City will be able to enter into a future lease with a third party to develop and operate a 160 berth marina in the Alaska Basin.
Master Plan Chapter 3 describes the development regulations and standards for the construction of the 589 housing units and associated facilities and commercial space on the new private lands. Eighty of the 589 units will be deed restricted for lower income and moderate income households, and the developer is proposing to set aside an additional ten units for Alameda teachers and essential workers. To support the need for affordable housing and reduce the vehicle miles travelled by the project residents, all of the units will be multifamily units (single family detached homes are prohibited), 30% of the market rate units will be 1,200 square feet or less, 10% of the market rate units will be 900 square feet or less, and no more than 200 of the units may be townhomes with private garages.
In 2018, the City Council approved the 20% density bonus and waivers for the Encinal Master Plan, which qualified for a density bonus, one incentive/concession, and waivers under Density Bonus Law (Government Code section 65915) to construct a 589-unit project. State Density Bonus Law requires the City to grant requests for lawful concessions and incentives proposed by the developer unless the City finds that the request does not result in identifiable and actual cost reductions to provide for affordable housing costs, would cause a specific and adverse impact to public health or safety, would cause a specific and adverse impact to the environment, would harm historical property, or would be contrary to state or federal law. (Gov. Code § 65915(d)(1).) Similarly, State Density Bonus Law prohibits the City from applying any development standards that have the effect of physically precluding the development at the permitted density. (Gov. Code § 65915(e)(1).) The developer has the right to attorney’s fees and costs if a court rejects the City’s reason for any denial. (Id.) In the case of concessions or incentives, the City bears the burden of proof for any denial. (Id.)
To qualify for the 20% density bonus, the Master Plan includes 5% (25 units) for very low-income households (less than 50% of area median income (AMI)), 4% (20 units) for low-income households (50% to 80% of AMI), and 7% (35 units) deed-restricted units for moderate-income households (80% to 120% of AMI).
The applicant is also offering ten (10) units that will be restricted for sale to middle-income purchasers making between 120% and 180% of AMI who are (1) employed by either the Alameda Unified School District, Alameda Police Department or Alameda Fire Department, Alameda Hospital or other Alameda front line medical facilities, or (2) Alameda residents who are members of the Alameda County Building Construction Trades Council.
Universal Residential Design Incentive or Concession: The Master Plan also qualifies for one incentive/concession, and waivers under State Density Bonus Law. The project will exceed the City’s Universal Design requirement of 30% by ensuring that at least 50% of the units in the project meet the universal design requirements consistent with AMC Section 30-18.4.b. However, the applicant is requesting a density bonus incentive or concession from the visitability requirements in AMC Section 30-18.4.a for the townhome buildings (the number of townhomes with private garage parking is limited to 200 units). The applicant states that reduction of the 100% visitability requirement to 50% results in an identifiable and actual cost reduction to provide for affordable housing costs.
All of the recent townhome projects in Alameda have been unable to meet the 100% visitability requirement. To meet the 100% visitability requirement, a townhome must provide ADA compliant access from the public right of way into the unit, and the unit must provide an ADA compliant bathroom and sitting room or bedroom on the ground floor of the unit. Given the small footprint of a townhome and the grading requirements to meet storm water retention and sea level rise requirements, none of the recent townhome projects in Alameda have been able to fully meet the 100% visitability requirement, without increasing the amount of land dedicated to each townhome and/or increasing the footprint of the townhome, both of which increase the cost to construct a townhome. Per the Master Plan and Development Agreement, the Encinal Terminals project is committing to ensuring that at minimum 50% of the units in the project will meet the both the visitability standard and the universal design standard.
45 foot Height Limit Waiver. In 2018, the City Council approved a Density Bonus building height waiver for the project. Consistent with AMC requirements and the amended Master Plan, the specific design and height of all future buildings on the site must be reviewed and approved by the Planning Board. Given that it is not clear at this time how many, or which, buildings will need to exceed the 45-foot height limit and to what extent the buildings will need to exceed the height limit to accommodate 589 units, the amended Master Plan includes the same height waiver that was approved by the City Council in 2018 that states the maximum height for any residential building shall be determined by the Planning Board at the time the Design Review application is submitted for Planning Board review. Any Design Review application for a residential building that exceeds 45 feet in height shall be accompanied by a massing study for the that demonstrates that the proposed height is needed to accommodate the 589 units and all of the amenities, parking and mix of commercial and open space uses as described and illustrated in the amended Master Plan.
Parking and Transportation Demand Management. The Master Plan establishes transportation demand management (TDM) and parking regulations for the development of the project (see Master Plan, page 34). These regulations are designed to support a transit-oriented development and reduce automobile trips generated by the project. The TDM requirements include the water shuttle landings and the annual assessments of approximately $250,000 annually (to increase each year consistent with the CPI index) to be use for supplemental transportation services, such as AC Transit passes, supplemental bus and shuttle services, and other activities to provide transportation choices for Encinal Terminals residents and property owners.
Parking influences travel behavior. Therefore Master Plan establishes a maximum parking requirement for multifamily buildings with shared parking garages of 1.5 spaces per unit and ensures that the cost of these spaces are leased separately or “unbundled” from the cost of the housing unit. This allows a household in one of the multifamily buildings to live “car free” or with a single automobile, without the need to pay for two parking spaces.
For the townhome buildings which will have private garages, which cannot be “unbundled” from the cost of the unit, the master plan establishes a maximum parking ratio of 2-spaces per unit.
Staff believes the standard for this project and all future housing projects should be no more than 1.5 spaces per unit for the entire project including the townhomes. A site wide 1.5 parking space per unit standard will incentivize the construction of some townhomes in a smaller format with a single car garage. Similar style townhome units are currently under construction at the Alameda Landing waterfront. These smaller townhomes have two potential benefits: smaller townhomes with one car garages are typically more affordable than big townhomes with 2-car garages and a larger townhome with a 1-car garage is better able to meet the City’s “visitability” standard by freeing up ground floor space for an ADA accessible bathroom and/or bedroom.
In the upcoming months, the City of Alameda Planning Board and City Council will be considering changes to the citywide off-street parking ordinance, as required by the City of Alameda Climate Action and Resiliency Plan. The new standards that will be proposed by staff will replace the 50 year old minimum parking requirements with new maximum requirements. The intent of the new standards will be to reduce vehicle miles travelled and greenhouse gas emissions generated by new residential development. This new ordinance, once approved, will set the standard for all new residential development in the upcoming Housing Element update.
For comparison purposes, the Alameda Point Town Center Plan establishes a 1.5 space per unit maximum for all units, including townhomes, but the Alameda Marina Master Plan allows 2 spaces per townhome and 1.5 spaces per multi-family unit.
The draft resolution for the Encinal Terminals project reflects staff’s recommended change to the Master Plan to establish a 1.5 space per unit ratio for the entire project. This change is not supported by the project applicant. The applicant’s preferred language is reflected on page 34 of the Master Plan, which limits the 1.5 spaces per unit to multifamily and allows up to 2 spaces for each townhome.
Chapter 4 of the Master Plan describes the subsequent entitlement and permitting necessary to begin construction on the public and private improvements. The chapter also describes the required phasing for the improvement of the public lands, which shall be preconditions for the phased release of building permits and property conveyances. The property conveyance conditions will be further prescribed and enforced through a Disposition and Development Agreement between the City and the Applicant.
Planning Board requested Changes to Master Plan. On March 8th, the Planning Board requested a number of changes, which the applicant has subsequently made to the Master Plan. The Master Plan is significantly improved by those changes, which include:
Sustainable Design Objectives. The Master Plan objectives (page 2) were amended to add a new objective recognizing the importance of sustainable design. The discussion of all-electric buildings was also improved in the Building Design Guidelines (page 32). The development will be consistent with the proposed “all electric” new building ordinance recommended for City Council adoption by the Planning Board on April 26, 2021.
Palm Trees and Landscape Guidelines. In recognition of the City’s zero waste goals, palm trees have been removed from the landscape plans and replaced with shade trees. The need for additional shade in public spaces is becoming an increasingly frequent request by Alameda citizens frequenting city parks. An expanded discussion of the landscape plan and plant pallet was added to the Public Trust Lands chapter (page 25) and to the Private lands chapter (page 36).
Illustrative Plan and a Defined Block Pattern. The illustrative plan (page 3) was revised to illustrate a more defined block pattern. In addition, the design guidelines (page 32) were augmented with design standards to ensure that future design plans, which may vary from the illustrative plan, incorporate a clear and defined pattern of blocks and public circulation systems between and around buildings.
Architectural and Lighting Design. The architectural design guidelines (page 32) were expanded and clarified to state that all elevations facing the public waterfront parks and the central roadway must be carefully designed to be well articulated. As written, side elevations between buildings may have less articulation.
The subsequent development plan and design review submittal requirements (page 37) were amended to specify the need for detailed lighting plans in the future design review submittals to be reviewed by the Planning Board.
Development Phasing and Timelines. The phasing plan (pages 38 and 39) was significantly improved by the addition of a detailed timeline for development of each phase of the project and the sequencing of each phase of the public improvements. The phasing plan ensures that the improvement of the public trust lands and public parks and facilities is completed concurrently with each phase of the development and completely finished before issuance of the last 104 housing unit building permits. The timeline is designed to ensure that the 589 units are constructed over the next 10 years and during the 2023-2031 Housing Element cycle, to ensure that the next Housing Element benefits from all 589 units.
Development Agreement. The proposed development agreement establishes certainty for both parties, 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 15 year Development Agreement, which is consistent with the General Plan, establishes the following commitments:
• The applicant, or a future buyer of the property, will develop the property consistent with the approved Master Plan.
• The applicant commits to complete all required local, regional, state and federal permitting requirements necessary to begin site clearing and grading and initiate construction of the project within 3 years of the Effective Date to enable construction of the housing units over the course of the 2023-2031 Housing Element cycle.
• Prior to the issuance of the first building permit for a residential building or vertical improvement, the applicant will construct a temporary, public bay trail around the perimeter of the site for use by the public.
• The applicant will construct and maintain all of the public improvements shown on the public lands in Chapter 2 of the Master Plan at no cost to the City, including establishment of capital improvement reserves for maintenance of the Public Trust Lands in perpetuity. The maintenance obligation may be assume by assessment districts established on the property. The only exception to this requirement is the construction and maintenance of a future marina. If the City chooses to construct a marina on the new public submerged lands, the construction and maintenance of the marina will be undertaken by a third party marina developer and operator under a future Tidelands Lease with the City.
• The applicant shall execute an agreement to provide for labor peace, which will apply to a portion of the property agreed to by the applicant and Building Trades Council of Alameda County.
• The applicant will reimburse City for all of its costs related to the pursuit of the Tidelands Exchange and all permits and activities necessary to support the development of the Property by the Developer.
• The City will work in good faith with the applicant to establish the necessary assessment districts for the property to help finance the construction and maintenance of the project and the public lands.
Climate change
Consistent with the City’s Climate Action goals and objectives, the project is designed to be “all electric” to avoid the need for gas infrastructure and the use of natural gas for heating and cooling. The project includes a transportation demand management (TDM) program to reduce automobile use and greenhouse gas emissions. The TDM program requires that the residents of the project fund additional, supplemental transit services through an annual transportation assessment of $525 per townhome, $425 per apartment, and $0.75 per square foot of commercial space. The assessments will increase annually with a CPI increase.
FINANCIAL IMPACT
Development of the site consistent with the Master Plan will have a positive financial impact on the General Fund and other City funds.
General Fund Revenues and Costs: The Master Plan and Development Agreement requires the project to fund the maintenance of the public lands, streets, roads, and infrastructure. The increase in property taxes and property transfer taxes received as a result of the project will increase significantly due to redevelopment of the property. The new residents and businesses will require an increase in Police and Fire services, but those increased costs are off-set by the larger increase in revenue generated by the project.
Investment in Public Trust Lands. Currently, the vacant public tidelands are generating approximately $2,000 annually in lease revenue. Upon completion of the phased development, the City would no longer receive the annual lease payments, but the public will own all of the submerged lands and approximately 4.5 acres of improved public waterfront lands, which will be maintained by the residents and property owners at Encinal Terminals. At a future date, the City as trustee will be able to enter into a lease with a marina developer/operator for construction and operation of a 160-berth marina on the new public tidelands. In 2029, the lease for the adjacent Fortman Marina will expire. At that time, the City Council will also be in position to consider a new lease for the Fortman Marina and may consider combining the new Alaska Basin Tidelands under a new lease with a marina and boatyard operator or other qualified investor/operator.
Transportation Service Funds: The project will generate approximately $250,000 annually for transportation services. With required Consumer Price Index (CPI) increases, the value of the contribution will increase each year starting in 2022.
Transportation Improvements: In addition to annual Transportation Demand Management fees and improvements to Clement Avenue, the Project will provide approximately $1,000,000 in Transportation Impact Fees for citywide transportation improvements.
Alameda Unified School District: Assuming an average unit size of 1,500 square feet, the project will provide over $3.6 million in impact fees to the Alameda Unified School District, consistent with the District’s adopted impact fee ordinance.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed Master Plan is consistent with, and implement, the City of Alameda General Plan Northern Waterfront Element, Housing Element, Transportation Element, and City of Alameda Local Climate Action and Resiliency Plan.
ENVIRONMENTAL REVIEW
On July 17, 2007, the City Council adopted Resolution Nos. 14134 and 14135 certifying the Final Environmental Impact Report for the Northern Waterfront General Plan Amendment (“Northern Waterfront EIR”) pursuant to the California Environmental Quality Act (“CEQA”), and on December 19, 2017, the City Council adopted Resolution No. 15337 certifying a Focused Supplemental Environmental Impact Report for development of the proposed Master Plan and Exchange Agreement (“Focused Supplemental EIR”, and with the Northern Waterfront EIR, “Previous CEQA Documents”). All project-specific mitigation measures specified in the Focused Supplemental EIR and included in the Project-Specific Mitigation Monitoring and Reporting Program shall be included as conditions of approval for the project development plans required by the Master Plan.
The 2021 draft Master Plan includes the same development program as the preferred project in the 2017 Focused Supplemental EIR. The only significant difference between the 2021 Exchange Master Plan and the 2017 Exchange Master Plan is that the 2021 plan proposes to remove more of the existing wharf than in 2017 plan, which proposed to rehabilitate and rebuild more of the existing wharf. The change results in greater daylighting of the Estuary and less construction activity within the marine environment, which is consistent with BCDC policies to reduce bay fill and state and local policies to minimize impacts in the marine environment. There is no evidence that any changes to the project over the last 36 months since the 2017 Focused Supplemental EIR was certified would result in additional or more severe environmental impacts than the impacts that were disclosed in the 2017 Focused Supplemental EIR.
In the vicinity of the project and regionally, the development that was anticipated to occur in the 2017 Focused Supplemental EIR has occurred as expected (e.g. project such as Del Monte, Site A, Alameda Marina, and Brooklyn Basin in Oakland). There is no evidence that the environmental conditions in the area have changed in manner that was not anticipated in the 2017 Focused Supplemental EIR and therefore would result in additional or more severe environmental impacts than were disclosed in the 2017 Focused Supplemental EIR.
None of the circumstances necessitating further CEQA review are present, as the proposed project would not require major revisions to the Previous CEQA Documents due to new significant impacts or due to a substantial increase in the severity of the significant environmental effects. There have been no substantial changes with respect to the circumstances under which the project would be undertaken that would require major revisions of the Previous CEQA Documents due to new or substantially increased significant environmental effects, and there has been no discovery of new information of substantial importance that would trigger or require major revisions to the Previous CEQA Documents due to new or substantially increased significant environmental effects. For these reasons, no further environmental review is required.
RECOMMENDATION:
Hold a public hearing and adopt the draft resolution (Exhibit 3) recommending City Council approval of the Tidelands Exchange Master Plan and Development Agreement for the redevelopment of the Encinal Terminals Properties and City Tidelands Property (located at 1521 Buena Vista Avenue.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
Exhibits:
1. Encinal Terminals Application
2. Encinal Terminals Draft Master Plan
3. Encinal Terminals Draft Development Agreement
4. Draft Resolution Recommending City Council Adoption of Draft Master Plan and Draft Development Agreement