Title
Review and Comment on the Encinal Terminals Project and Universal Design Waiver.
Body
To: Honorable Chair and
Members of the Commission on Persons with Disabilities
From: Andrew Thomas,
Planning, Building & Transportation Director
executive summary
The purpose of this status report is to provide an opportunity for Commission on Persons with Disabilities to review, discuss, and make recommendations on the Encinal Terminals Universal Design Waiver.
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 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.”
The owners of the private lands have proposed a Master Plan for the site, which will allow the site to be redeveloped consistent with the Master Plan. As part of the Master Plan, the applicants have requested a waiver from the Universal Design Ordinance. The waiver was requested as a concession under the State Density Bonus Law.
DISCUSSION
The draft Master Plan (Exhibit 1) provides the regulations and standards for the development of the public and private lands consistent with a Tidelands property line reconfiguration. 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.)
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.
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 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.
In return and as part of the concession request, the project is committing to 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.
The visitability waiver does not come as a surprise for a project that will include up to 200 townhome units. 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.
At this time, staff would appreciate any comments, suggestions, or recommendations regarding the Encinal Terminals Universal Design Waiver. Staff will transmit the Commission’s recommendations to the City Council prior to final decision on the project.
RECOMMENDATION
Review and comment on the proposed Universal Design Waiver for Encinal Terminals.
Respectfully Submitted by:
Andrew Thomas
Planning, Building, and Transportation Director