Title
PLN16-0240 - (Portion) Oakland Inner Harbor Tidal Canal - Tentative Map - Applicant: City of Alameda. Public Hearing to consider recommending approval of Tentative Tract Map No. 8570 to divide a portion of the Oakland Inner Harbor Tidal Canal (APN No. 71-289-8) to create seven parcels. CEQA Determination: An Initial Study/Negative Declaration (“IS/ND”) for the Project was adopted on September 20, 2016, in accordance with the California Environmental Quality Act (CEQA). No further environmental review is required. THIS ITEM IS CONTINUED TO THE SEPTEMBER 26, 2022 PLANNING BOARD MEETING.
Body
To: Honorable President and
Members of the Planning Board
From: Andrew Thomas, Planning Building and Transportation Director
EXECUTIVE SUMMARY
Staff is recommending approval of a tentative map to create six new submerged parcels adjacent to six upland residential properties on Fernside Avenue. The subdivision is for the purpose of transferring ownership from the City of Alameda to the adjacent property owner. The proposed map does not entitle or approve any new development. Any future proposal to improve facilities on the submerged parcels will require separate entitlements at that time.
BACKGROUND
On September 15, 2015, the City Council directed City staff to pursue a real estate transaction whereby the U.S. Army Corps of Engineers (“Army Corps”) would transfer, at no cost, the Alameda side of the Oakland Inner Harbor Tidal Canal (“Tidal Canal”) to the City of Alameda (“City”) and the City would then immediately sell most of the parcels to adjacent private property owners, maintaining ownership of the center open water parcel.
On September 20, 2016, the City Council approved Tentative Map No. 8337 to divide the property into approximately 99 individual parcels, and on December 6, 2016, the City Council approved Final Map No. 8337. After approving the Final Map,
• The City retained the open water parcel (Parcel 2), which was preserved for open navigation though the Tidal Canal (“Open Water Parcel”). The Open Water Parcel includes the Alameda side of the canal and the water areas immediately adjacent to three existing public access pathways (“Public Access Pathways”).
• The Army Corps retained 5 parcels, including: the Oakland side (Parcel 1), property adjacent to the Navy Operational Support Center (Parcel 3), and bridge footings for the High Street Bridge (Parcel 97), the Miller-Sweeney Bridge and the Fruitvale Rail Bridge (Parcel 98) and the Park Street Bridge (Parcel 99);
• The City transferred 92 of the 99 parcels along the waterfront to the adjacent property owners at fair market value. These 92 parcels were historically used by the adjacent property owners through lease, license agreements or other approvals with the Army Corps to support their docks, piers, boathouses and/or commercial activities.
During the Tidal Canal approvals in 2016, the City Council did not create parcels adjacent to the Public Access Pathways, which are narrow public pathways which provide public access from Fernside Boulevard to the shoreline. As a result, two property owners on each side of the three pathways did not have the opportunity to acquire the water areas behind their homes.
On October 1, 2019, the City Council provided final approval of the design concepts for the remaining pathways, and directed staff to implement the following and return to the City Council for approval of subdivision maps and easements, consistent with the approved designs:
• Create six parcels for the remaining six property owners on the estuary adjacent to the three public pathways.
• Retain the existing upland easement over the existing path at Fernside Boulevard and High Street, create two water parcels at the end of the pathway, maintain a view corridor easement over the water parcels, and transfer the water parcels containing docks to the two adjacent property owners of the pathway. The upland easements were completed in September 7, 2021. The two submerged parcels will be created by the proposed subdivision.
• Improve the existing upland path at Fernside Boulevard and Monte Vista Avenue, create two water parcels at the end of the pathway, preserve a view corridor easement over the water, and transfer the water parcels containing docks to the two adjacent property owners. The upland easements were completed in September 7, 2021.
• Close the upland pathway at Fernside Boulevard at Fairview Avenue, create two water parcels, preserve a view corridor easement over the pathway and the water, and transfer the water parcels containing docks to adjacent property owners. The upland public easements were revised on June 22, 2021.
DISCUSSION
Pursuant to the City Council’s direction in 2019, Tentative Map No. 8570 (Exhibit 2) subdivides the City-owned Open Water Parcel into seven parcels, which includes one large open water parcel and six small water parcels adjacent to the three public pathways. As shown on pages 8, 9 and 10 of the Tentative Map, two water parcels are located at the end of each of the three pathways.
The City will retain the remaining open water parcel along the Oakland/Alameda city line to ensure that the navigable portion of the Tidal Canal remains open to recreational and commercial traffic.
At Fernside Boulevard and High Street (page 8 of TM), the City will retain a 35-foot easement over the two water parcels to match the 35-foot public access easement that is located the upland public pathway. The easement will provide a scenic easement and an emergency access easement in favor of the City of Alameda. The easement allows any existing dock to remain within the easement area, but allow for emergency access by City, Regional, State or Federal emergency access. The scenic easement prohibits construction of additional structures or docks within the scenic easement area. The easement does not allow for public access to the water and does not reserve the right for the City to construct recreational or other docks for public use at a future date.
At Fernside Boulevard and Monte Vista Avenue (page 9 of TM), the City will retain an 18-foot easement over the water parcels (9 feet on each side) to match the upland public pathway easement of 18 feet. The provisions of the easement will be similar to the provisions at Fernside Boulevard and High Street described above.
At Fernside Boulevard and Fairview Avenue (page 10 of TM), the City will retain a ten-foot scenic and emergency access easement in favor of the City over the water parcels.
Based upon the City Council’s prior deliberations and directions and review of the eastern shoreline, staff is able to make the finding that reasonable public access to the shoreline is provided within a reasonable distance from the six proposed parcels.
In addition, Government Code section 65402 requires the Planning Board to make General Plan conformity findings before the City can dispose of real property. Staff has prepared findings in the attached tentative map resolution finding that the location, purpose, and extent of any disposition of the new parcels is in conformance with the General Plan pursuant to Government Code section 65402.
PUBLIC NOTICE
Property owners and residents within 300 feet of the project's boundaries were notified of the public hearing and given the opportunity to review the proposal to subdivide the Open Water Parcel, which are the last remaining shoreline parcels.
ENVIRONMENTAL REVIEW
An Initial Study/Negative Declaration (“IS/ND”) for the parcelization and acquisition of the Alameda side of the Oakland Inner Harbor Tidal Canal was adopted on September 20, 2016, in accordance with the California Environmental Quality Act (CEQA), which addressed all potential environmental impacts associated with the proposed transfer and subsequent transfers into private ownership, amendments to the Estuary District Zoning, and the proposed subdivision map application. The IS/ND concludes that the proposed project would not cause any potentially significant environmental impacts, and accordingly, no mitigation measures would be required as part of the project. No further review is required pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 because the environmental effects of the project were considered and disclosed in the IS/ND 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 was identified in the previously adopted IS/ND. Any proposed future improvements along the Tidal Canal will be subject to separate review and discretionary approval by the City.
RECOMMENDATION
Conduct a public hearing and adopt the Draft Resolution (Exhibit 1) recommending the City Council approve Tentative Tract Map No. 8570 with conditions.
Respectfully submitted,
Andrew Thomas
Exhibits:
1. Draft Planning Board Resolution
2. Tentative Map No. 8570 prepared by Ruggeri - Jensen - Azar