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CITY OF ALAMEDA PLANNING BOARD
RESOLUTION PB-26-6
APPROVING USE PERMIT NO. PLN25-0217 FOR TEMPORARY USE
OF THE ENCINAL TERMINALS SITE FOR OUTDOOR VEHICLE
STORAGE AND TEMPORARY IMPROVEMENTS
WHEREAS, the Encinal Terminals site is a vacant 23-acre site located at 1521 Buena Vista Avenue between the Alaska Basin and t he Fortman Marina, north of and fronting on Clement Avenue; and
WHEREAS, the site is comprised of four parcels including land, wharfs, and water:
three are owned by Bayview Landing, L.P. (A pplicant and Developer) and one is owned by the City of Alameda in trus t for the State of California (Ti delands Property). The Tidelands Property is located in the middle of the site and is subject to a lease, with City as Lessor and Bayview Landing, L.P. as Lessee; and
WHEREAS, the site is subject to the En cinal Terminals Tideland s Exchange Master Plan, Development Agreement (DA), Disposition and Development Agreement (DDA), and Tidelands Exchange (the Exchange Agreement) that vests the entitlements for 15 years in exchange for additional public benef its that could not be achiev ed without the Development Agreement; and
WHEREAS, the development project, to fa cilitate redevelopment for up to 589 multifamily housing units, 80 of which would be deed restricted affordable units, up to 50,000 square feet of commercial and maritime commercial space, a 160-slip marina, and 4.5 acres of public open space, was evaluated in an Environmental Impact Report (EIR, SCH# 2016042076) that was cert ified and adopted by the City Council on December 20, 2017 by Resolution 15337; and
WHEREAS, in recognition of the current economic circumstances and the progress made by the Developer over the past three years, the Cit y and Developer amended the DA to allow an additional three years, until March 2028, for initial permit issuance and site work while retaining the ultimate implementation deadline of March 2037; and
WHEREAS, the Tidelands Proper ty at the middle portion of the site, which is owned by the City as tidelands trust, is subject to a tidelands lease between the City and Developer as well as state law public trust requirements, which both govern the use of that portion of the site. The lease allows “a harbor and/or marina, wharves, docks, piers, berthing slips, quays and other utilities, warehouses, factories, storehouses, struct ures, tracks and appliances… including general or industrial manufacturing incidental to such purposes and for any other lawful use.” The temporary uses for this portion of the property must be consistent with the terms of the City’s lease for the tidelands area in the center of the site, and applicant will also need to seek a lease amendment before the proposed use can commence on the Tidelands Property; and
EXHIBIT 4
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WHEREAS, consistency of the use and operation over the whole site is necessary and desirable, and the Tidelands Property, subject to the aforementioned restrictions, makes up a substantial portion of the proposed use area and is surround ed by the other parcels and provides land access to the northern parcel; and
WHEREAS, the zoning of the site, MX-MF , Mixed-Use District with Multi-Family Residential Overlay, allows a wide range of uses as specified in a site-specific Use Permit or Master Plan. The primary uses in the adopted Master Plan are described above. In addition, the Master Plan allows certain conditional uses, including maritime industrial, maritime related uses such as boatyards and dry boat storage, maritime recreation, and other similar uses as determined by the Planning Board. The M-X zoning district requires that, where a Master Plan has been approved, interim uses may be approved if they are consist ent with the approved uses, do not have significant or greater adverse impacts on neighboring properties, include a time limit, and will not inhibit or delay implementation of the Ma ster Plan. In this case, the interim use will be consistent with those uses as an outdoor parking area with minimal site work that will be completely removable and will be required to cease upon the timelines established in the DA. The zoning ordinance also requires a Use Permit for outdoor business activity, which is being accomplished with this temporary use permit; and
WHEREAS, the interim use of the site is exempt from further review under the California Environmental Quality Act pursuant to Class 1 and Class 4, Existing Facilities and Minor Alterations to Land, where the site is not proposed to be physically modified and will be used in a manner consistent with prior use. Furthermore, the project, including demolition of existing buildings, was considered under the Master Plan EIR; and
WHEREAS, the interim use would be consistent with the underlying zoning, and will not inhibit implementation of the Master Plan, and interim uses will not commence on the Tidelands Property unless and until t he use is found consistent wit h the tidelands lease, as may be amended. The use also is consistent with or less intensive than prior uses such as a shipping wharf and container storage area. The interim use permit is also time limited by the implementation requirements of the DA, i.e. site preparation for the mixed use development is required to begin by March 2028. Conditions of approval limit external effects on the neighborhood; and
WHEREAS, the Planning Board finds that the interim use satisfies the necessary findings for the granting of a Use Permit, as follows:
1. The location of the proposed use is comp atible with other land uses in the general neighborhood area, and the project design and size is architecturally, aesthetically, and operationally harmonious with the community and surrounding development because it would be a temporar y reestablishment of a use similar to the preexisting use of the property and does not involve any substantial construction.
2. The proposed use will be served by ade quate transportation and service facilities including pedestrian, bicycle, and transit facilities bec ause the use is a temporary outdoor storage use that has ready access from established truck routes and Entrance Road, the driveway at Fortman Marina will be reconfigured to minimize cross traffic on
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the cross-Alameda trail, and buildings wi ll be cleared and new gates installed to facilitate the use of the exiting Entrance Road extension.
3. The proposed use, as conditio ned, will not adversely affect other property in the vicinity and will not have substant ial deleterious effects on exis ting business districts or the local economy because it is a temporary us e that will be conducted on an expansive 23-acre former industrial site with adequate space to provide buffers to adjacent uses.
Furthermore, the project, as conditioned, includes prohibitions on causing a nuisance or violating applicable codes and standards and will provide a beneficial use that would reduce existing risks of nuisance from trespass, graffiti and vandalism.
4. The proposed use relates favorably to the General Plan because it does not permanently change the land use or inhibit the implementation of the adopted Encinal Terminals Master Plan.
5. The temporary use may be authorized and is permissible pursuant to AMC 30-4.20.j because: i) the use is conditionally permitted in the M-X district through the C-M district as provided in AMC 30-4.20.d.2.v, ii) a good-faith effort is being made to complete the master plan for the site according to an agreed-upon time schedule, iii) the term of the use permit is defined and short-term and c onditions are included that describe and manage the termination of the interim use upon expiration of the use permit, iv) the interim use does not have significant or greater adverse impacts on neighboring properties and provides benefits by reducing risks of trespass, graffiti and vandalism, and v) the approved uses will not inhibit or delay implementation of a master plan or redevelopment of the property consistent with the M-X zoning district purposes.
WHEREAS, on March 23, 2026, the Planning Board held a duly noticed public hearing and examined all submitted materials including a request to allow tempor ary use of the site including the tidelands lease portion and the privately held portion pursuant to the terms and conditions thereon including the lease, tidela nds trust, master plan, and development agreement; and
NOW THEREFORE BE IT RESOLVED, that the City of Alameda Planning Board adopts the foregoing recitals as its findings; and
BE IT FURTHER RESOLVED, that the City of Alameda Planning Board approves the Use Permit for temporary use subject to the following conditions:
1. Approval. The project, including any plans submitted for a Building Permit, shall be in substantial compliance with t he statements in the project application subject to the conditions specified in this resolution. Pr eparations such as fence repairs, building demolition and driveway rec onfiguration may commence independently of the new use.
2. Consistency with Tidelands Lease. The temporary use authorized under this Use Permit shall not commence on the Tidelands Property unless and until an amendment to the tidelands lease for the Tidelands Property is approved and executed, or unless
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and until the use is otherwise deemed consistent by the City with said lease.
3. Consistency with the Development Agreem ent. This use permit shall terminate upon the expiration of the time line for the first phase of implementing horizontal improvements currently established in the Development Agreement, i.e. March 1, 2028.
4. Lapse. The Use Permit shall lapse two (2) years after the date of approval unless construction has begun and/or the use has been established under valid City permits including necessary business licenses and occupancy permits. A one-time extension for an additional two years may be granted upon written request to the Planning Director and payment of applicable fees and must be filed prior to the date of expiration.
Such applications for extension shall be ru led upon by the Zoning Administrator after a public hearing. In no event shall t he use extend beyond the March 31, 2028 timeframe allowed by the Development Agreement.
5. Building Permit Conditions. These conditions shall be printed on building / demolition plans and improvement plans if any are requi red. Demolition of any structures on the site shall be pursuant to an approved Building Permit and include proper remediation, dust control, stormwater runoff control, fire suppression, and utility shutoffs to ensure the safety of the neighborhood and protection of the environment and workers. A copy of the SWPPP shall be provided, as well as the WDID number from the RWQCB and the J number from the BAAQMD prior to dem olition of any buildings. PCB screening shall be provided to the Public Works D epartment. Temporary facilities such as portable restrooms and offices, lighting, generator s, chargers, or similar shall be subject to a Building Permit to the extent required by code.
6. Changes to Approval. This approval is limited to the scope of the project defined in the project description and does not represent a re cognition and/or approval of any work completed without required City permits. An y changes to the approved scope of the project shall be submitted to the Planning, Building and Transportation Department for review to determine whether they should be found consistent with this approval or shall require an amendment.
7. Hours of Operation – Initial Ra mp Up Period. Prior to the initial delivery of vehicles to the site, the applicant shall notify the Planning Director in writing, which shall establish a four-week ramp up period during which vehicles may be delivered to the site between the hours of 7:00 AM and 8:00 PM. If the effective date of a lease amendment or other action by the City authorizing the use on the Tidelands Property commences beyond the four-week ramp up period, an additional two-week ramp up period for the Tidelands Property will be allowed commencing within 30 days of that effective date. Upon conclusion of the ramp up period, delivery hours shall default to normal operations set forth below. The inventory draw down period at the conclusion of the use shall follow the same four-week procedure.
8. Hours of Operatio n – Normal Operations. Transport truck activity may occur only between 8:00 AM and 4:00 PM, unless previously authorized in writing by the Planning
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Director for limited expanded hours to address unusual circumstances. All other activity shall take place on the site between 7:00 AM and 8:00 PM. Transport trucks shall not park / idle on City streets.
9. Location and Intensity of Us e. The outdoor activity area shall be focused in the middle and outer area of the site (closest to the estuary) to the greatest extent possible to minimize potential noise, dust, visual or othe r impacts to the residential neighbors to the south. No activity shall occur in areas subject to the jurisdiction of the Bay Conservation and Development Commission or other regulatory agency without first obtaining applicable permit approvals. A 50-f oot buffer area with no loading activity along Clement Avenue shall be maintained in a weed free condition.
10. Site Security. Fences shall be maintained in good repair, free of graffiti, and reasonably capable of securing the site from unauthorized entry. Slats or fabric may be used in the fence to provide an attractive scr een along Clement Avenue. Gates shall be installed in such a manner that vehicles are provided ready access to the site and do not block streets / sidewalks / trails. Se curity systems and/or personnel shall be provided to the extent necessary to minimize unauthorized access.
11. Roadway Access. Trucks shall use desig nated truck routes and Entrance Road.
Improvements to the Fortman Marina street access as shown in the application shall be provided in a timely manner, i.e. permit applications shall be made to the Public Works Department and to the Building Department no later than 20 days after the ramp up period commences or actual use commences on any part of the site, whichever is earlier, and shall be purs ued and implemented in a timely manner. Work shall commence no later than 30 days after issuance of permits. No access shall occur at the western driveway; an exception is allowed until installation of the Fortman Marina improvements is complete. Improvement designs shall address pedestrian and bicycle route continuity through the Fortman Marina parking lot between the waterfront path and the cross-Alameda trail on Clement Avenue.
12. Noise. Operations shall comply with the Alameda Noise Ordinance (AMC Section 4- 10) and the maximum allowable noise levels in Section 4-10.4.b., i.e. shall not exceed the following levels for any 30-minute perio d: 65 dB between the h ours of 7:00 a.m. and 10:00 p.m. and 60 dB between the hours of 10:00 p.m. and 7:00 a.m. at the closest residential property line. No public address syst em, security alert, or other recurring distinctive noise shall be a llowed. Truck backup signal s shall be minimized to the greatest extent possible by providing a fo rward moving route of access and on-site circulation.
13. Lighting. Prior to the inst allation of any new lighting, the applicant shall submit an exterior lighting plan to the satisfaction of the Planning Director. Said exterior lighting plan shall demonstrate compliance with the Dark Sky Ordinance, AMC Section 30-
5.16.c. Glare shall be minimiz ed at neighboring residential properties. In particular, nighttime lighting shall be minimized such that light is not reflected off glass, metal and other surfaces. Recommended lighting level is 0.1 footcandles.
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14. Electric Power Facilities. Existing power lines, including underground cables, shall be protected and no permanent construction sha ll occur above the cables. If temporary power is installed, it shall be done purs uant to permits and standards of Alameda Municipal Power (AMP).
15. Fire Safety. Owner/applicant shall mainta in approved fire apparatus and personnel access. Open flame and combustible materials in the outdoor area shall be subject to inspection and approval by the Fire Department and may be limited based on potential hazards to persons or property. Prior to commencing operations, the applicant may be subject to a site inspection at applicant’s cost.
16. Drainage. The applicant shall be responsib le to maintain access to and function of existing storm drain lines t hat run onto and/or through the applicant’s property.
Stormwater shall be dispersed, diffused, detained, or otherwise infiltrated on-site to the extent feasible. Downspouts shall not be directly connected to public or private storm drain facilities. Stormwater shall not be directed across sidewalks or driveways.
17. Sewer and Water. The applicant shall se cure all necessary permit approvals from EBMUD regarding the installation of all water service for the project or discharge of wastewater.
18. A Public Works Development (PWD) Permit is required for right of way improvements including but not limited to modifications of the intersection, curb /gutter and driveway approach, striping and bike lane and any im provements needed to facilitate the relocation of the Fortman Marina Driveway approach. A Public Works Encroachment Permit is required for the construction.
19. As a pre-condition for any building demolit ion and/or the issuance of a PWD Permit for any site work, submit to Public Works for review the comple ted “PCBs Screening Assessment Form” (see attached template copy and/or starting on page 16 in attached Guidance packet) for EACH building subject to demolition. a. If Part 3 of the “PCBs Sc reening Assessment Form” is applicable and necessary for one or more buildings, submit all necessary assessment records also referenced in attached guidance document prior to issuance of building/demolition permit AND plan to provide verification to t he City prior to close out of the permit of the proper management and disposal of the relevant materials.
b. Building demolition plans shall include Plan Sheet(s) with appropriate pollution prevention best management practices (BMPs) to be implemented to effectively protect stormwater runoff quality. The BM Ps shall be consistent with generally accepted engineering practices for construction activity pollution prevention, sediment, and erosion control.
c. A Waste Management Plan is required. The following are requirements of the Waste Management Plan
Performance Requirements: Divert a minimum of 65% of construction and demolition waste from landfill and 95% of all concrete and asphalt. Provide containers at each construction site fo r the deposit of solid waste, recyclable materials, and organic materials by the employees or workers engaged in such construction.
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Quality Assurance: The Contractor shall comply wit h City’s Municipal Code Section 13-10: Alameda Green Building Standards and Section 21- 24: Waste Management Plans.
The Contractor shall obtain approval of the Waste Management Plan from the City Environmental Services Division by creating a Green Halo project before beginning on- site mobilization.
Waste Management Plan (WMP): The Contractor shall submit, as part of the Initial Project Submittal Package and prior to construction begins, a waste management plan for review and approval demonstrating how the project will ac hieve the City of Alameda’s diversion requirements for cons truction waste utilizing Green Halo (GH).
Projects deemed noncompliant shall be subject to fines and penalties. x The WMP can be completed by creati ng a Green Halo Project and submitting a plan via http://alameda.wastetracking.com. The WMP shall include:
x The estimated volume or weight of C&D debris, by materials type, to be generated;
x The maximum volume or weight of such materials that can feasibly be diverted via reuse or recycling;
x The approved vendor or facility that t he C&D Applicant proposes to use to collect or receive that material; and
x The estimated volume or weight of C&D materials that will be sent to a disposal site.
x Weight tickets shall be uploaded into Green Halo for review and approval to proceed to final occupancy inspection.
x The Environmental Services Division will review and approve if the conditions have been met and the waste management plan demonstrates how the project intends to achieve a 95% recycling rate for asphalt and concrete and 65% for all other construction and demolition debris. A second review and approval will be completed when the Green Halo Projec t is Submitted for Final with all substantiating weight tickets (tonnages) uploaded into GH.
20. Revocation. This Use Permit may be modified or revoked by the Planning Board, pursuant to Alameda Municipal Code Section 30-21.3.d, i.e. in the event of a violation of any of the provisions of the zoning regulations, or in the event of a failure to comply with any prescribed condition of approval, the Planning Board ma y, after notice and hearing, revoke any use permit.
21. Indemnification. To the maximum extent permitted by law, the applicant (or its successor in interest) shall defend (with co unsel acceptable to the City), indemnify, and hold harmless the City of Alameda, its City Council, City Planning Board, officials, employees, agents and volunteers (collectivel y, “Indemnitees”) from and against any and all claims, actions, or proceedings agains t Indemnitees to attack, set aside, void or annul an approval by Indemnitees relating to this project. This indemnification shall include, but is not limited to, all damages, losses, and expenses (including, without limitation, legal costs and attorney’s fees) that may be awarded to the prevailing party arising out of or in connecti on with an approval by the Indemnitees relating to this project. The City shall promptly notify the applicant of any claim, action or proceeding and the City shall cooperate in the defense. The City may elect, in its sole discretion,
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to participate in the defense of said claim, action, or proceeding and the applicant (or its successor in interest) shall reimburse the City for its reasonable legal costs and attorneys’ fees.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this decision plus extensions authorized by California Code of Civil Procedure Section 1094.6.
NOTICE. The conditions of project approval set forth herein include certain fees and other exactions. Pursuant to Government Code section 66020(d) (1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations and exactions. The Applicant is her eby further notified that the 90-day appeal period, in which the Applicant may protest these fees and other exactions, pursuant to Government Code section 66020(a) has begun. If th e Applicant fails to file a protest within this 90-day period complying with all requirem ents of section 66020, the Applicant will be legally barred from later challenging such fees or exactions.
NOTICE. The decision of the Pl anning Board shall be final unless appealed to the City Council, in writing and within ten (10) days of the decision, by filing with the Planning, Building, and Transportation Department a wr itten notice of appeal stat ing the basis of appeal and paying the required fees.
* * * * *
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Planning Board of the City of Alameda during the Regular Meeting of the Planning Board on the 23
rd day of March, 2026, by the following vote to wit:
AYES: (5) Ariza, Cisneros, Saheba, Tsou, and Wang
NOES: (0)
ABSENT: (2) Ruiz and Hom
ATTEST:
_________________________
Steven Buckley
Secretary
City of Alameda Planning Board