Title
Public Hearing to Consider Amendments to the Bayport/Alameda Landing Master Plan and Alameda Landing Waterfront Residential Planned Development at 2800 Fifth Street (PLN21-0457) to eliminate a requirement for a minimum of 5,000 square feet of commercial services space adjacent to the Alameda Landing Waterfront Park on Fifth Street
Body
To: Honorable President and
Members of the Planning Board
From: Andrew Thomas
Planning, Building & Transportation Director
EXECUTIVE SUMMARY
In 2006, the City Council approved the Bayport/Alameda Landing Master Plan, and in 2017, the City Council approved an amendment to the Master Plan to allow residential development along the waterfront, provided that the development included construction of a waterfront park and provided 5,000 square feet of space for commercial, retail, and/or commercial recreational uses (as amended, “2017 Master Plan”).
In 2019, the Planning Board approved a residential development plan for Pulte Homes, LLC (the “applicant”) which included a site for the 5,000 square foot commercial development on Fifth Street adjacent to the waterfront park subject to conditions of approval. One condition of approval required the design review process for the commercial space to be completed prior to the issuance of the 150th building permit, and that the building permit for the commercial building be issued before issuance of the 330th building permit.
In October 2021, the applicant requested approval of the 150th building permit and submitted a request that the City of Alameda (“City”) consider replacing the commercial use with three single family residential units or five multifamily residential units of deed restricted housing restricted for occupancy by moderate income households. Approval of the applicant’s request requires amendments to both the 2017 Master Plan and the 2019 residential development plan conditions of approval. In consideration of the housing crises and the Planning Board’s schedule, but in conflict with the 2019 conditions of approval, staff released building permits for 13 units in October and 16 units in November for a total of 173 building permits. The project includes 357 housing units, 39 of which are deed restricted for lower income and moderate-income households.
Staff is recommending that the Planning Board and City Council:
1. Maintain the 2017 Master Plan requirement to construct the 5,000 square foot commercial space requirement; and
2. Amend Planning Board Resolution No. 19-21 as described below to modify the timing of the required design review submittal to reflect current construction schedules and avoid the need for a delay in housing construction at the site.
BACKGROUND
The 2017 Master Plan states that the waterfront area may be developed for residential use, if the plan includes a minimum of 5,000 square feet of ground floor commercial space:
“Mixed Use: The Master Plan Sub-Area requirements for retail, restaurants, health club space, entertainment space, personal and consumer-oriented business services space, visitor-serving uses, water-oriented uses, the Waterfront Plaza Node, vertical mixing of uses, or a mix of uses shall not apply, provided that the residential development plan includes a minimum of 5,000 square feet of ground floor commercial space with 12 foot floor to ceiling dimensions for commercial, retail, and/or commercial recreational uses consistent with the CC Zoning District regulations facing the Waterfront Plaza and water shuttle landing or along 5th Street. Buildings with ground floor commercial space may exceed five stories. All other buildings shall be five stories or fewer in height. The ground floor commercial space may be in freestanding buildings without a vertical mixing of uses.”
On October 14, 2019, the Planning Board approved the residential development plan for Pulte Homes, LLC. The approved plan included a pad for the 5,000 square feet of commercial use facing the Waterfront Plaza at 5th Street. Planning Board Resolution No. 19-21 for Pulte Development Plan includes the following condition of approval:
“4. Commercial Design Review and Construction Phasing: The building permit for the 5,000 square foot commercial structure with minimum ceiling heights of 12 feet adjacent to the Waterfront Park shall be issued prior to the building permit for the 330th residential unit. The design review plans for the building shall be reviewed and approved by the Planning Board prior to issuance of the 150th building permit. The plans may include a freestanding 5,000 square foot commercial building or a mixed use building with 5,000 square feet of commercial space, consistent with the Master Plan, and residential units on the upper floors if the Planning Board is able to determine that the additional units are available under the 2017 Master Plan Amendment Trip Matrix. Upon review of the Design Review plans for the building, the Planning Board may also adjust the requirement for the issuance of the building permit prior to the 330th residential building permit established by this condition.”
DISCUSSION
The applicant is proposing an amendment to the 2017 Master Plan and the project conditions of approval to allow construction of deed restricted housing instead of commercial space on a 5,000 square foot pad adjacent to the Waterfront Park. (See Exhibit 1.)
The following discussion and the attached exhibits are organized as three alternatives for Planning Board consideration.
Alternative #1. Maintain Existing Commercial Requirement. The Planning Board may recommend that the City Council maintain the existing requirement for a minimum of 5,000 square feet of commercial space. The Recreation and Parks Department Director continues to believe that a waterfront commercial area that might be occupied by a coffee shop, kayak rental shop, or small restaurant adjacent to the waterfront park space would be a valuable community amenity.
Under this alternative, the Planning Board would amend Planning Board Resolution No. 19-21 Condition of Approval No. 4 as follows:
“4. Commercial Design Review and Construction Phasing: The building permit for the 5,000 square foot commercial structure with minimum ceiling heights of 12 feet adjacent to the Waterfront Park shall be issued prior to the building permit for the 330th residential unit. The design review plans for the building shall be reviewed and approved by the Planning Board prior to issuance of the 150th 200th building permit or February, 28, 2022, whichever comes first. The plans may include a freestanding 5,000 square foot commercial building or a mixed use building with 5,000 square feet of commercial space, consistent with the Master Plan, and residential units on the upper floors if the Planning Board is able to determine that the additional units are available under the 2017 Master Plan Amendment Trip Matrix. Upon review of the Design Review plans for the building, the Planning Board may also adjust the requirement for the issuance of the building permit prior to the 330th residential building permit established by this condition.”
Alternative #2. Three single family homes. Under this alternative the applicant would build three single family homes on the site, as shown in Exhibit 1. The design of the units would be similar to the other single family homes on the site. Each of the three 3-bedroom, 2,000 square foot homes would be deed restricted for occupancy by moderate-income households (up to 120% AMI).
Under this alternative, the Planning Board would recommend that the City Council amend the 2017 Master Plan to remove the 5,000 square feet of ground floor commercial space requirement, and amend Planning Board Resolution No. 19-21 by replacing Condition of Approval No. 4 (Commercial Design Review and Construction Phasing) with the following draft condition:
“4. Three Waterfront Moderate Income Single Family Residential Units: The applicant shall amend the Affordable Housing Agreement to include three additional moderate-income single family residential units by February 14, 2022. As amended, the Affordable Housing Agreement will require, in part, construction of 42 on-site residential units affordable to very low-, low- and moderate-income households. The project will provide at least 24 moderate-income units, 7 low-income and 11 very low-income units.”
Alternative #3. Five Multifamily Homes. Under this alternative the applicant would build a five- plex, as shown in Exhibit 1. The design of the building would be similar to the design of the six-plex that is currently approved for the project. The five 2- and 1-bedroom, 1,200 square foot homes would be deed restricted for occupancy by moderate-income households (up to 120% AMI).
Under this alternative, the Planning Board would recommend that the City Council amend the 2017 Master Plan to remove the 5,000 square feet of ground floor commercial space requirement, and the Planning Board would amend Planning Board Resolution No. 19-21 by replacing Condition of Approval No. 4 (Commercial Design Review and Construction Phasing) with the following draft condition:
“4. Five Waterfront Moderate Income Townhome Units: The applicant shall amend the Affordable Housing Agreement to include five additional moderate-income townhome units by February 14, 2022. As amended, the Affordable Housing Agreement will require, in part, construction of 44 on-site residential units affordable to very low-, low- and moderate-income households. The project will provide at least 26 moderate-income units, 7 low-income and 11 very low-income units.”
The 2017 Master Plan and Alameda Landing Development Agreement establish the applicant’s rights and obligations. In this case, one of the obligations is to provide 5,000 square feet of ground floor commercial space in return for the rights to construct 357 residential units.
The applicant is asking if the Planning Board and City Council would rather have three single family or five multifamily moderate-income housing units instead of the commercial services. The City is preparing a Housing Element update that identifies the need for 5,353 additional units, 868 of which are needed in the Moderate-Income category, which is defined as households making between 80% and 120% of the average median income for Alameda County. The need for low income units is 818 and the need for very low income units is 1,421.
Although there is a severe need for affordable housing units in Alameda, staff recommends that the Planning Board and City Council maintain the requirement for the 5,000 square feet of commercial space at the Alameda Landing Waterfront. Providing for 5,353 more housing units in Alameda will be a challenge, but staff is confident that the City can accommodate its Regional Housing Needs Allocation (RHNA) without sacrificing the opportunity for a coffee shop, kayak rental shop, or small restaurant adjacent to the Waterfront Park and future water shuttle stop. Providing opportunities for commercial services adjacent to a major City waterfront park and public water shuttle landing remains an important public benefit and will improve the waterfront park experience and potentially support the future water shuttle operations.
ENVIRONMENTAL REVIEW
The proposed change to the project to provide replace 5,000 square feet of commercial space with approximately 6,000 square feet of residential floor area would not result in a significant change to the environmental impacts associated with the approved project. No further environmental review is required pursuant to Public Resources Code section 21166 and Section 15162 of the CEQA Guidelines because the environmental effects of the proposed project were considered and disclosed in the Final Environmental Impact Report (EIR), and there have been no changes to the project or the circumstances in which it is undertaken that would result in new significant or substantially more severe environmental effects than were identified in the previously certified EIR.
CLIMATE IMPACT
Providing commercial services to create a residential mixed use environment is consistent with the regional sustainability plans and the City’s climate action policies and local climate action plan. Likewise, adding housing in the center of the Bay Area and increasing the density of the existing project ever so slightly, is also consistent with local and regional sustainability plans.
RECOMMENDATION
That the Planning Board approve the draft Resolution that:
• Recommends that the City Council maintain the 5,000 square foot commercial requirement in the Master Plan, and
• Amends Condition #4 of PB-19-21 to maintain the requirement but change the timing of the submittal of the design review plans for Planning Board review.
Respectfully submitted,
Andrew Thomas, Planning, Building and Transportation Director
Exhibits:
1. Letter from Pulte
2. Exhibits showing different alternatives.
3. Draft Resolution